HomeMy WebLinkAbout2002-08-05 City Council Summary Minutes
Special Meeting August 5, 2002
1. Update on Trinity River Flow Environmental Impact Statement Litigation..................................................344
ADJOURNMENT: The meeting adjourned at 7:24 p.m...................350
1. Expressing Appreciation to the Palo Alto Police Reserve Officers for their Outstanding Service......................351
ORAL COMMUNICATIONS..............................................351
2. Appointment of Candidates to the Planning and
Transportation Commission...................................352
3. November 5, 2002, Special Election – Proposed Bond Measure for the Bond Financing of Community Facility Improvements, Second Reading of the Ordinance Ordering the Submission of a Proposition of Incurring Bonded Debt to the Qualified
Voters of the City that Requests the Services of the Registrar of Voters and Orders the Consolidation of Said
Election, and Setting Ballot Arguments Procedures...........353
4. PUBLIC HEARING: The Palo Alto City Council will consider a request by International School of the Peninsula for Site
and Design Review for the Installation of a New Public Pedestrian Pathway to Provide a Connection from the School
Grounds, located at 151 Laura Lane with the existing pathway at the Baylands Athletic Center Parking Lot and Approval of License Agreement...............................357
5. Planning and Transportation Commission Recommendation to the City Council to Adopt a Resolution Approving No Parking
Zones on Arastradero Road at Terman/Donald Drives...........363
APPROVAL OF MINUTES..............................................367
08/05/02 94-341
6. Ordinance 4758 entitled “Ordinance of the Council of the City of Palo Approving and Adopting a Plan for Improvements
to the Memorial Grove at Eleanor Pardee Park”...............368
7. Ordinance 4759 entitled “Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Certain Properties on Van Auken Circle,
Amarillo Avenue and Greer Road, which are a Portion of That Property Known as Tract 796 from R-1 To R-1(S)”.............368
8. Ordinance 4760 entitled “Ordinance of the Council of the
City of Palo Alto Amending Sections 16.09.010, 16.09.031, 16.09.032, 16.09.033, 16.09.060, 16.09.061, 16.09.090,
16.09.095, 16.09.101, 16.09.103, 16.09.104, 16.09.105, 16.09.106, 16.09.110, 16.09.113, 16.09.115, 16.09.116, 16.09.117, 16.09.143, 16.09.144, 16.09.145, 16.09.155, and 16.09.160 of the Palo Alto Municipal Code Relating to Sewer Use”........................................................368
9. Resolution to Install Stop Signs on Ilima Way and Ilima Court at Laguna Avenue......................................369
10. 1421-1423 Emerson Street - Summary Vacation of Public Utilities Easement..........................................369
11. Resolution Adopting the Santa Clara County Green Business
Pledge......................................................369
12. Revision of the City of Palo Alto Landscape Water
Efficiency Standards........................................369
14. Contract Between the City of Palo Alto and Trugreen Landcare in an Amount Not to Exceed $125,000 for Fiscal
Year 2002-2003 Stump Removal Project........................369
16. City Auditor’s Quarterly Report.............................369
17. Contract Between the City of Palo Alto and Novo Construction in the Amount of $825,312 for the Electrical and Mechanical Upgrade to the Computer and Police
Communications Equipment Room - Capital Improvement Program (CIP) Project 10027 and Civic Infrastructure Upgrades – CIP
Project 10102...............................................369
08/05/02 94-342
18. Contract Between the City of Palo Alto and Gachina Landscape Management in the Amount of $262,387 for
Cubberley Community Center Landscape Maintenance............370
19. Contract Between the City of Palo Alto and Geoff Brosseau in the Amount of $125,000 to Provide Assistance with the Pollution Prevention Program................................370
20. Amendment to Contract No. C2133010 Between the City of
Palo Alto and the City of Inglewood to Increase the Contract Authority For Parking Citation Processing Services for the First Year by $22,600 and to Set the Amount of the
Contract For Each Subsequent Year of the Agreement in an Amount Not To Exceed $55,000................................370
21. Request for Authorization to Increase the Amount of the Existing Contract for Legal Services with the Silicon Valley Law Group, Contract C2143640.........................370
22. City Auditor’s 2002-03 Work Plan............................370
23. Mayor Ojakian and Council Members Beecham, Freeman, and
Kishimoto Regarding Streaming Video Option for City Council Meetings....................................................371
23A. (Old Item No.13) Contract Between the City of Palo Alto and River City Constructors in the Amount of $163,234 for Traffic Control Safety Devices, Capital Improvement Program
Project 19704...............................................373
23B. (Old Item No. 15) Contract Between the City of Palo Alto
and Pulsar Technologies, Inc, in the Amount of $181,837 for Substation Fiber Optic Communication Network................375
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS...................375
24. Conference with City Attorney – Existing Litigation.........377
25. Conference with City Attorney – Potential/Anticipated
Litigation..................................................378
26. Conference with City -- Existing Litigation.................378
FINAL ADJOURNMENT: The meeting adjourned at 12:10 a.m............378
08/05/02 94-343
The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:08 p.m.
PRESENT: Beecham (via teleconference from New York, NY), Burch, Freeman, Kishimoto, Kleinberg, Lytle, Morton, Mossar, Ojakian
COMMITTEE OF THE WHOLE 1. Update on Trinity River Flow Environmental Impact Statement
Litigation
Director of Utilities John Ulrich said Palo Alto had received some of its electricity from waterpower generated from the Trinity River. There was presently an environmental dispute over the water flowing in the Trinity River and how it should be handled. Palo Alto was one of the most environmentally
responsible utilities in the nation. That same environmental principle also pertained to the Northern California Power Agency
(NCPA). The positions and actions of the NCPA were driven by its commission, which was composed of representatives of each of the cities and other elected bodies. Council Member Beecham was the
Commissioner who represented Palo Alto to the NCPA. The Utilities Advisory Commission (UAC) unanimously supported NCPA’s
participation in the Trinity River litigation. The UAC recognized their legal duty and public responsibility to protect endangered species, but also believed that not all prudent
alternatives to the proposed diversion reductions had been considered in the Record of Decision (ROD). The proposed action
by the Department of the Interior (DOI) would result in a 35,000 megawatt-year energy loss for Palo Alto, which would cost approximately $1.5 million a year to replace with conventional
fossil fueled resources. That amounted to approximately 3 percent of the annual energy consumption and commodity budget.
The Utilities staff believed the NCPA Commission and the Council should support the continuation of the due process being sought for a reopening of the Environmental Impact Statement (EIS). Since 1964, a portion of the Trinity River flow was allocated to the Central Valley Project (CVP). The increased availability of
CVP power for sale, led to Palo Alto being able to secure the Western Area Power Agency (WAPA) contract, which was an important electricity resource, especially in light of dramatic
changes to the WAPA contract in 2005. NCPA, on behalf of its members, joined litigation against the DOI because it was
believed the December 2000 ROD was scientifically unsupportable, had significant impacts to water, environment, and power
08/05/02 94-344
generation, and the National Environmental Policy Act (NEPA) documentation was deficient. That was the only due process
option through which the NCPA could have its concerns addressed. The next step for the NCPA was to support the Supplemental EIS process. Utilities Advisory Commission Chairperson Richard Carlson said
Trinity River was one of the most complex environmental issues in the State. The UAC did a limited study on the issue and found it an interesting and difficult tradeoff from a procedural and
substantive perspective. The UAC decided to let the legal process proceed in order to negotiate something better, even if
it meant separating from the Westlands Water District (WWD) et al. Mayor Ojakian noted in the Council’s correspondence packet the persons who raised the Trinity River issue could not attend that
evening. Mr. Ulrich said that was correct, however their letters were included in the Council’s correspondence.
Kate Larsen from Environmental Defense, representing Spreck Rosekrans, 5655 College Avenue, Oakland, reiterated Mr.
Rosekrans’ position in asking the City to withdraw its support of litigation related to the restoration of the Trinity River.
Richard Izmirian, 2215 Eaton Avenue, San Carlos, spoke on behalf of the California Sport Fishing Protection Alliance and urged
the Council to disassociate itself from the WWD and CPA Trinity River litigation.
Michael MacWilliams, P.O. Box 16057, Stanford, spoke on behalf of the Northern California Council of the Federation of Fly-
Fishers and urged the Council to disassociate itself from the NCPA litigation. He said the litigation was an attempt to derail the process of restoring the Trinity River and take the focus away from the original issue, which stipulated no harm would come to the fishery. In the past 40 years, the fishery had
declined by as much as 90 percent. Jack Thomas, 1757 Park Boulevard, said he was hopeful the
Council would not make a decision on the Trinity River litigation that evening, but would invite both public comment
and seek additional outside input.
08/05/02 94-345
Alexander Tsen, 670 Newell Road, urged the Council not to support the Trinity River litigation.
John Baca, 484 Oxford Street, urged the Council to back out of the Trinity River litigation in order to send a message to the NCPA and the other plaintiffs that the City was concerned about the environmental consequences of the lawsuit.
Mayor Ojakian asked staff what actions could the Council take that evening.
Mr. Ulrich said the Trinity River flow had significant interest
to Palo Alto. It provided a portion of the City’s energy resource. It was noteworthy to mention that the NCPA and Sacramento Municipal Utility District (SMUD) had voted on the issue in August 2002 for continuation of the litigation. While the issues in Palo Alto might be different than those of NCPA
and SMUD, he believed the objective of the litigation was to see that all of the issues were brought forth through the hearing process. He suggested the Council allow staff to return at an appropriate time to provide an update on the matter and allow additional discussions.
Council Member Freeman asked what was the City’s stance on
nuclear power. Mr. Ulrich said the City did not want anything to do with
nuclear power. Palo Alto did receive a certain amount of electricity that was generated by nuclear power due to other
contracts, but it was not Palo Alto’s objective. Council Member Freeman asked whether the City’s decision not to
use nuclear power was based on environmental reasons and not economic ones.
Mr. Ulrich said he did not know. Council Member Freeman asked how the 3 percent would decrease in power affect households and businesses on their utility bill.
Mr. Ulrich said staff attempted to set rates based on the cost of service. A decision could be made to share the loss across
all customers, whereby utility bills could be adjusted equally by a percentage basis.
08/05/02 94-346
Council Member Freeman said it was mentioned earlier that the utility bill increase would be between $1 and $2 per household
and approximately $800 for corporations. Mr. Ulrich said it was difficult to pick a specific number. At the recent Energy Forum held on August 1, 2002, it was discussed that replacement power was needed to cover the WAPA contract,
which would expire in 2005. Council Member Freeman said based on her background in Marine
Biology, and her research on Fisheries Biology and Fish Population Assessments, it would take an excruciating amount of
effort to help control the population of fish stock. Economic concerns were taken into consideration just as heavily, if not more so, than environmental concerns. The Council should also keep in mind that Item No. 11 was the Santa Clara County Green Business Pledge and, if approved, would consider all departments
environmentally responsible. Council Member Morton asked whether the negotiated position would involve a modified water flow or other compromises.
Mr. Ulrich said any position could be compromised if all the parties agreed to it and felt it was appropriate. It would be
difficult for Palo Alto to look at the outcome of the litigation since they were only part of the litigants.
Council Member Morton asked whether the future alternative would become clear after the August 2002 hearing.
Mr. Ulrich said yes. MOTION: Council Member Morton moved, seconded by Mossar, that
the Council continue to support the process of reconsideration
of the Record of Decision (ROD), and request the Utilities Advisory Commission (UAC) to provide a recommendation for a possible position on negotiations to enable the Council to fully support the Trinity River negotiations.
City Attorney Calonne said the motion could not be voted on because it was not agendized.
Vice Mayor Mossar asked whether language could be inserted into the motion which stated, “as the Council was staying the course
in the pending court case”.
08/05/02 94-347
Council Member Morton asked whether language could be inserted into the motion that said the Council would express its support
for continuation of the process. Mr. Calonne said the Council Agenda was not setup to let the public know the requested action would occur; however, the referral to the UAC was appropriate.
AMENDMENT: Council Member Morton moved, seconded by Mossar, to
remove support for the process of reconsideration of the ROD.
Vice Mayor Mossar suggested staff bring back to the Council
information about the decision on August 20, 2002, and the recommendation from the UAC. The Trinity River issue was a unique opportunity to examine the City’s Energy Purchasing Policies, which had been in place for quite a while. In terms of environmental consequences, hydroelectricity was both renewable
and clean. There was no clear answer on how to proceed, but it offered the opportunity to begin the dialogue and revisit the City’s deep-rooted decisions. She looked forward to additional dialogue with staff, members of the UAC, and interested members of the community.
Council Member Beecham said he looked forward to recommendations
from the UAC and further discussions with the Council. Council Member Kishimoto said it was the responsibility of the
Council to weigh the environmental versus economic issues. She felt Palo Alto’s set of tradeoffs would be quite different from
the WWD and was not quite sure how the NCPA came to its decision. She reminded staff of the sustainability policy adopted the previous year, which stated it was the intent of the
City of Palo Alto to be a sustainable community. In adopting the policy, the City accepted the following responsibilities: 1) to
promote and support conservation of native vegetation, fish, wildlife habitat, and other ecosystems; and 2) minimize human impacts on local and regional ecosystems. She hoped the UAC staff used the best environmental experts to address the issues.
Council Member Lytle said she would like the Council to take a stronger position than the motion indicated, although it did not seem possible from the way the Agenda was worded.
Mr. Calonne said the Council could agendize items for future
consideration or make a referral to a Board or Commission.
08/05/02 94-348
City Manager Frank Benest said staff did indicate to the Council that a Committee of the Whole would provide a forum for the
Council to take action. It was later determined that the way the Trinity River issue was titled limited that ability. Council Member Kleinberg expressed disappointment that Palo Alto, which prided itself on its commitment to environmentalism
and sustainability, would not be able to take a definitive vote that evening. If it were within the Council’s power legally and officially, she would vote for the City to withdraw its support
of the position of the power company.
Council Member Burch said there should never be a price put on restoring the environment. He supported the motion. Council Member Freeman asked if the Council could submit a letter of intent to review the details of the Trinity River
litigation. Mr. Calonne said he would not recommend doing that. The Council could express its position to NCPA but not that evening. The Council could ask the staff to agendize the prospect of the
Council consideration of a letter of intent to NCPA. MOTION AS AMENDED PASSED 9-0. MOTION: Council Member Freeman moved, seconded by Kishimoto, to
ask that the issue of the Trinity River be agendized early in September when the representatives from the various
environmental groups could participate and the Council could take action.
Vice Mayor Mossar could not support the motion because it excluded the UAC from participating.
Council Member Freeman said she would include participation and information from the UAC. Mr. Benest suggested an update be obtained from staff after the
hearing. He would work with the UAC and staff for a possible date to return with information, and consult with the Mayor and Vice Mayor to schedule the matter.
Council Member Freeman said she wanted it made clear that the
Council did not want to be in the position where a decision could not be made.
08/05/02 94-349
Mayor Ojakian said certain actions would have to take place first before another hearing would occur on the matter.
Council Member Freeman clarified the motion should include language that when the meeting was agendized, the Council would be able to make a decision on the Council’s position.
Mr. Calonne said additional Colleagues Memos would be helpful if the matter was to be a broader policy issue. MOTION RESTATED: Council Member Freeman moved, seconded by
Kishimoto, to ask that the issue of the Trinity River be
agendized in such a way that: a) all interested parties can participate and b) the Council can make take action. Council Member Kishimoto said she wanted to see ample notice given to the public and the petitioners to allow the Council to
take full and meaningful action at the meeting. Council Member Beecham agreed the motion was consistent with where the Council was going, and he understood the item would be worded so action could be taken.
MOTION PASSED 5-4, Burch, Morton, Mossar, Ojakian “no.”
ADJOURNMENT: The meeting adjourned at 7:24 p.m.
08/05/02 94-350
Regular Meeting August 5, 2002
The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:25 p.m. PRESENT: Beecham (arrived at 8 p.m. via teleconference from New
York, NY), Burch, Freeman, Kishimoto, Kleinberg, Lytle, Morton, Mossar, Ojakian MOTION: Council Member Burch moved, seconded by Morton, to move
Item No. 1 ahead of Oral Communications.
MOTION PASSED 9-0.
SPECIAL ORDERS OF THE DAY
1. Expressing Appreciation to the Palo Alto Police Reserve Officers for their Outstanding Service Resolution 8208 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation of the Palo Alto
Police Reserves” MOTION: Council Member Kleinberg moved, seconded by Mossar, to adopt the Resolution. MOTION PASSED 8-0, Beecham absent.
Police Chief Pat Dwyer acknowledged Sergeant Carol Baldwin, the Director of the Police Reserve program. He said the Police Reserve Officers were volunteers who had fulltime jobs elsewhere
and, when called upon at the last minute, had never said no.
ORAL COMMUNICATIONS Martina Heasley, 427 Alma Street, #206, spoke regarding affordable housing.
Greg Kerber, Birch Street, spoke regarding the Noise Ordinance. John K. Abraham, 736 Ellsworth Place, spoke regarding street
cleaning.
Mary Carey Schaefer, 742 De Soto Drive, spoke regarding Edgewood Plaza redevelopment.
08/05/02 94-351
Betsy Allyn, Willmar Drive, spoke regarding the Palo Alto Friends of the Libraries book sales.
Estelle Champs, 432 High Street, #302, spoke regarding the homeless. Herb Borock, P.O. Box 632, spoke regarding meetings during City
Council vacation. Bunny Good, P.O. Box 824, Menlo Park, spoke regarding
requirement for apology and Menlo Tunnel vote dropped.
Sophia Dhrymes spoke regarding the commission. Jacqueline Durant, 4250 El Camino Real, spoke regarding Below Market Rate assessments.
SPECIAL ORDERS OF THE DAY 2. Appointment of Candidates to the Planning and
Transportation Commission FIRST ROUND OF VOTING FOR THE PLANNING AND TRANSPORTATION COMMISSION
VOTING FOR ANNETTE BIALSON: Beecham, Morton, Burch, Mossar, Lytle, Ojakian,
Kleinberg, Kishimoto, Freeman
VOTING FOR PHYLLIS CASSEL: Beecham, Burch, Mossar, Ojakian, Kleinberg
VOTING FOR CEDRIC LA BEAUJARDIERE: Morton, Kishimoto, Freeman
VOTING FOR ROBERT GARDINER:
VOTING FOR MICHAEL LYZWA: Lytle
City Clerk Donna Rogers announced that on the 1st ballot Annette Bialson (with 9 votes) and Phyllis Cassel (with 5 votes) were
reappointed to four-year terms ending July 31, 2006. Council Member Kleinberg said there was an excellent group of candidates for the two vacancies on the Planning and
08/05/02 94-352
Transportation Commission (P&TC). She voted for the incumbents because of their varying points-of-view and because the P&TC was
intensely involved in the Zoning Ordinance Update. She encouraged the other applicants to stay involved and apply again at another time. Council Member Morton complimented the qualified panel of
applicants for the P&TC. He suggested the Council seriously look into eight-year term limits for Board and Commission members.
REPORT OF OFFICIALS
3. November 5, 2002, Special Election – Proposed Bond Measure for the Bond Financing of Community Facility Improvements, Second Reading of the Ordinance Ordering the Submission of a Proposition of Incurring Bonded Debt to the Qualified Voters of the City that Requests the Services of the
Registrar of Voters and Orders the Consolidation of Said Election, and Setting Ballot Arguments Procedures City Clerk Donna Rogers said the Proposed Bond Measure was before the Council that evening for a second reading of the
Ordinance and for the City Council to decide the following actions regarding arguments: 1) determine whether they would
like to exercise the right to author and sign ballot arguments through the appointment of an Ad Hoc committee; 2) determine if a member or members of the Council who wished to author ballot
arguments would be authorized to use their titles as Council Members; 3) direct the City Attorney to prepare an impartial
analysis; and 4) determine whether Board and Commission members would be allowed to sign ballot arguments and use their respective titles. The direct arguments could not exceed 300
words and were due by August 14, 2002. The rebuttal arguments could not exceed 250 words and were due by August 21, 2002.
Karen White, 146 Walter Hays Drive, said members of the Libraries Plus Bond Committee (LPBC) were presently drafting argument language in support of the November Bond and were considering inviting committee leaders from all segments of Palo
Alto as signers. She believed that having as signers, leaders who were not presently on the City Council would bring the greatest opportunity for success with voters in November.
Council Member Lytle asked whether the LPBC had hired a
political expert.
08/05/02 94-353
Ms. White said yes. The LPBC had sought professional strategic advice.
Council Member Lytle asked whether the political expert was asked how the bond argument should be handled. Ms. White said yes.
Shelby Valentine, President of the Friends of the Palo Alto Library, 3116 Stelling Drive, encouraged the Council to
authorize the LPBC to file an argument in support of the proposed funding measure. The LPBC was a citizen-led group that
had the expertise and perspective to write an informative, credible, and persuasive statement. Jean Wilcox, 4005 Sutherland Drive, expressed disappointment
that the Council would not pass a resolution to move the
proposed new Mitchell Park Library from the tennis and paddle ball court-site towards the present library and community center at Mitchell Park. Many of the long-time residents who lived in south Palo Alto, recalled how they had to fight to get the park built and how they fought again to keep the park as open space.
MOTION: Council Member Burch moved, seconded by Freeman, to
approve the staff recommendation to adopt the ordinance calling for a special election for the purposes of ordering the submission of a proposition of incurring bonded debt to the
qualified voters of the City of Palo Alto on November 5, 2002, for the purposes of the acquisition, construction and
improvement of library and community center facilities; requesting the services of the Registrar of Voters; and ordering the consolidation of said election.
Ordinance 4757 entitled “Ordinance of the City Council of
the City of Palo Alto Ordering the Submission of a Proposition of Incurring Bonded Debt to the Qualified Voters of the City of Palo Alto at the Special Municipal Election to be Held on November 5, 2002, for the Purpose of the Acquisition, Construction and Improvement of Library
and Community Center Facilities (1st Reading 07/15/02, Passed 9-0) Further to approve the following:
1. In order to have a citizen-driven measure, to not allow the
title of Council Member on the ballot arguments.
08/05/02 94-354
2. Direct the City Attorney to prepare an impartial analysis.
3. To not allow individual board and commission members to sign ballot arguments for or against the measure and use their respective titles. Council Member Burch said the Council should direct the City
Attorney to prepare an impartial analysis. He did not believe a Council Member nor individual Board and Commission member should sign written ballot arguments for or against the measure.
City Attorney Ariel Calonne said the Council was not in a
position to identify a particular citizens group that got to prepare the argument. The law allowed the City Council to prepare an argument or delegate it to members of the Council. If the Council opted not to proceed in that manner, the City Clerk chose via the direction of the Election Code preference and
priority with the following order: 1) bona fide associations, such as the Libraries Plus Bond Committee, 2) a combination of voter and bona fide associations; and 3) individual voters who were eligible.
Council Member Burch said there was presently only one organization that had filed papers with the Secretary of State
and collected monies. Mr. Calonne said it was conceivable there were other bona fide
groups.
Council Member Freeman asked what criterion was used by the City Clerk to select the argument.
Mr. Calonne said the City Clerk would probably use the drawing of lots.
Ms. Rogers said that was correct. Mr. Calonne said in the past the City Council had joined with various citizen representatives. It was possible for the City
Council to submit an argument, have it authored by a sub-committee, and explicitly permit other persons, beyond Board and Commission members, to sign the argument.
Council Member Freeman suggested the City Council create a joint
committee with a citizen’s organization to construct the text
08/05/02 94-355
for the argument in favor of the bond and permit other persons to sign it.
Mr. Calonne said the Council would need to designate at least one Council Member to sign the argument if it was to be treated as the City’s document.
Council Member Burch asked whether he could name a handful of Council Members to work with the organization.
Mr. Calonne said yes. The City Clerk put at places the examples of the past actions where the Council stated it would submit an
argument and the Mayor would then announce a subcommittee. He clarified the Council’s idea was to allow the citizens group an active role and have evidence in the argument of citizen group support.
Council Member Burch named Council Members Freeman and Kleinberg to work with citizen committee to establish an argument with the understanding that no Council Member would be a signatory to the ballot argument. He asked whether that would work.
Mr. Calonne said yes. A competing support organization would put the City Clerk in the position of needing to draw lots.
Council Member Burch asked whether that could be prevented.
Mr. Calonne said yes. The Council would have to draft the argument.
City Manager Benest said the ballot argument needed to be a citizen-driven effort.
Council Member Burch said he would stay with his original motion
and withdrew the names of the Council Members. SUBSTITUTE MOTION: Council Member Morton moved, seconded by Kishimoto, to direct the Mayor to appoint an Ad Hoc Committee to work with the community groups.
Ms. Rogers cited Election Code Section 9287 on the procedure to follow if more than one argument was received, which stated,
“After the City Council, the individual voter or bona fide association of citizens, or combination of voters and
associations, who are a bona fide sponsor or proponent of the measure, would be second in line for priority of selection.”
08/05/02 94-356
Council Member Morton said he believed the community needed a clear indication that the Council also joined with the citizens
group in passing the ballot measure. Council Member Kleinberg asked whether the rebuttal arguments should be added to either motion.
Mr. Calonne said the rebuttal arguments were spelled out in Election Code Section 9285 261, Section 9285 of the City Clerk’s staff report. The proponents of the arguments for each side
would prepare the rebuttal arguments.
Council Member Kleinberg said she had seen previous ballot arguments where the original proponent had not signed the rebuttal. Mr. Calonne said he was not sure whether other proponents could
submit rebuttals, if the original proponents did not. Council Member Kleinberg said there was ample evidence the City Council was backing the Libraries Plus Bond initiative. She was worried the ballot measure would not have the same affect or
resonate with the voters if it was Council-led, as opposed to a grassroots effort.
SUBSTITUTE MOTION WITHDRAWN BY MAKER AND SECONDER
MOTION PASSED 8-0, Beecham absent.
Council Member Burch said the City had an outstanding citizens group headed by respected members of the community.
Ms. Rogers confirmed the direct ballot arguments could not exceed 300 words, could only have five signators, and were due
in the City Clerk’s office by 5:30 p.m. on August 14, 2002. UNFINISHED BUSINESS 4. PUBLIC HEARING: The Palo Alto City Council will consider a
request by International School of the Peninsula for Site and Design Review for the Installation of a New Public Pedestrian Pathway to Provide a Connection from the School
Grounds, located at 151 Laura Lane with the existing pathway at the Baylands Athletic Center Parking Lot and
Approval of License Agreement (continued from 7/22/02) Director of Planning and Community Environment Steven Emslie said the Planning and Transportation Commission (P&TC), the Parks and Recreation Commission (PARC), and the Architectural
08/05/02 94-357
Review Board (ARB) had reviewed the proposed trail extension to the end of Laura Lane and recommended its approval. He presented
a schematic drawing and series of photographs of the proposed project. Council Member Lytle asked for clarification of where the maintenance turnaround area was, and why was it necessary as
part of the City’s turnaround. Director of Parks and Golf Paul Dias said the turnaround area
was at the end of the outfield fence on the softball field. The wide turnout was used to allow trucks and tractors enough
access. An eight-foot wide path would not allow adequate turnaround space for the trucks to do maintenance activities. Staff was looking into creating a bubble in the pathway to prevent degrading of the surrounding areas.
Council Member Lytle said the site plan showed a 100-square-foot turnaround, which looked larger than a bubble. Mr. Dias said the turnaround was approximately 120 square feet.
Council Member Lytle asked whether paved turnaround facilities were located at other parks in the City.
Mr. Dias said the other City parks had larger turnaround areas. Without the turnaround area, the pathway would need widening,
which would lead toward San Francisquito Creek.
Council Member Lytle asked whether the turnaround could be paved similar to a turf block and have the look of parkland.
Mr. Dias said that was possible.
Council Member Lytle said she understood the entire area of pathway would be planted with the appropriate vegetation and restored. Mr. Dias said the area slated for the planting of vegetation was
along the fence line where there was existing vegetation. Council Member Lytle asked whether it was possible for the
pathway to look park-like rather than asphalt or utilitarian.
Mr. Dias said the Comprehensive Plan (Comp Plan) called for a 100-foot setback and nothing could be done within that setback. Mayor Ojakian declared the Public Hearing open.
08/05/02 94-358
Stuart Berman, Chairman, Site Committee, International School of the Peninsula, 2180 Cowper Street, said the International School
of the Peninsula (ISP) was a unique school that offered a language immersion education. The ISP put on a diligent effort to find a permanent site for more than ten years. It was a difficult task because of the zoning laws concerning schools and to find neighborhoods where the neighbors would not object to
schools. Catherine Shinners, Chair, Parent Association of the
International School of the Peninsula, 3632 Arbustus Avenue, said she affirmed to the Council the full support of the parents
of the 450-plus students at the ISP. The pathway was integrated into the plan for carpools, the school staggered schedules, and the after-school programs that not only enrich the students but also provided for traffic congestion amelioration. The school parents would continue to support and participate in continued
improvements in the traffic plan with City staff. She encouraged the Council’s support for the pathway. Cedric de La Beaujardiere, 3153 Stelling Drive, suggested a hollow grid that was supported by the lines in the grid, as a
solid surface for trucks to infrequently drive on. The hollow grid would also provide space for dirt to allow native
vegetation to grow. Mayor Ojakian declared the Public Hearing closed.
MOTION: Council Member Kleinberg moved, seconded by Mossar, to
approve the staff, Parks and Recreation Commission, Planning and Transportation Commission, and Architectural Review Board Recommendation to Approve the Site and Design for the Proposed
Pedestrian Pathway as shown on the revised plans, based on the findings and subject to the revised Conditions of Approval in
Attachment B of CMR:371:02. Further, to authorize the Mayor to execute the license agreement between the City of Palo Alto and the International School. License Agreement with the International School of the
Peninsula for Improvement and Use of a Pedestrian Pathway at the Baylands Athletic Center
Council Member Kleinberg said the pathway would benefit both the school and the public. It would provide a safe means of getting
to and from school for the students. It would increase access to the Baylands for the public. The pedestrian pathway conformed to the Comp Plan and the Baylands Master Plan.
08/05/02 94-359
Vice Mayor Mossar thanked the parents of the ISP for their forbearance in going through the many processes and reviews.
Council Member Morton expressed his support for the pedestrian pathway. Council Member Freeman asked whether the decomposed granite,
compacted at 95 percent, was a permeable surface. Mr. Dias said yes.
Council Member Freeman asked whether the entire pathway could be
decomposed granite. Mr. Dias said that would require demolishing the existing pathway back to the parking lot, removing the asphalt that already existed, and then replacing the asphalt with the
decomposed granite pathway with header boards to hold it together. It would be an extensive project. Council Member Freeman said the decomposed granite was something she would like the City staff to consider. She asked what the
possibility was of signage at the beginning of the entrance on the Geng Road side that indicated “Authorized Vehicles Only”.
Mr. Dias said posted signage was part of the plan, as well as the presence of Community Service Officers (CSOs).
Council Member Freeman asked whether the Resolution could
specifically state there would be no parking in the bubble turnout. There should not be any machinery sitting in the park over the weekend.
Mr. Dias said equipment was never left in the parking lot over
the weekend and public vehicles were not allowed in that area. Council Member Freeman asked whether the City would be responsible for the ISP’s portion of the maintenance costs if the school sold its property.
City Attorney Ariel Calonne said the City took the necessary precautions not to make any permanent rights that could not be
modified as needed.
Council Member Freeman proposed staff investigate an alternative road surface that was more park-like than what was proposed for the turnaround.
08/05/02 94-360
Council Member Kleinberg said Council Member Freeman’s proposal would change the resource impact of the original motion, and
suggested that matter be taken separately. Assistant City Manager Emily Harrison said staff had not discussed with the ISP how the cost would be divided.
Council Member Kishimoto asked whether a Park Improvement Ordinance was required for the project.
Mr. Calonne said he did not believe so because there was already an existing paved path. He concluded the use was consistent with
existing park purposes and uses. Council Member Kishimoto asked whether the use included the turnaround area.
Mr. Calonne said yes. Council Member Kishimoto said she was concerned the turnaround would turn into a parking lot.
Council Member Kleinberg asked where had other turnarounds in the City become parking lots.
Mr. Dias said he was not aware of any.
Council Member Kishimoto said she believed there was an area in the Baylands that was used for storage of equipment.
Mr. Calonne said there was a corner at Greer Park.
Director of Planning and Community Environment Steve Emslie said there was reference to land the County had leased out that was
part of the airport. Staff was working with Community Services staff to see about the appropriateness of that use. Council Member Kishimoto said she was interested in Traffic Demand Management (TDM), and she asked what the recourse was to
the City if the ISP School left and another school did not want to conform. She also inquired what number would staff measure it against when they received the quarterly reports.
Mr. Emslie said the TDM program was required by the original
conditions of the ARB approval, and was fully enforceable under the provisions of the Zoning and Municipal Codes. The school was presently at a 32 percent carpool rate. Transit Coordinator Amanda Jones was working with the school to achieve a 40 percent carpool rate.
08/05/02 94-361
Council Member Kishimoto asked whether the projected 40 percent carpool rate was a legal number.
Mr. Emslie said staff would use the 40 percent number in its analysis to benchmark the performance and effectiveness of the programs implemented by the school.
Council Member Lytle expressed concern that the City did not supervise its park space well. Several parkland areas had been turned into maintenance storage areas, such as Greer Park–Phase
III and the entrance to the Baylands Preserve. The maintenance turnaround area was another example of a neglected part of the
park acreage that concerned her. She hoped that a “no parking” restriction would be posted in the turnaround area and the understanding that the area would develop in a park-like way in the future.
Council Member Burch said he was glad to see the school, the City, and the PARC staff working together to find a solution. He did not believe it was the role of the Council to try to anticipate all the possible things that might go wrong and then try and craft solutions for them in advance. He supported the
motion.
Mayor Ojakian supported the motion. MOTION PASSED 8-0, Beecham absent.
MOTION: Council Member Freeman moved, seconded by Lytle, that
staff investigate an alternative permeable green surface for the turnout bulb that will sit between two different surfaces of paths and to include a potential financial analysis.
Council Member Freeman said she believed it was the
responsibility of the Council as well as the staff, to ensure stewardship of the City’s green areas. Council Member Kleinberg asked whether the motion included a financial review of where the monies would come from.
Council Member Freeman said yes, the motion should include a financial review and all possible resources.
Vice Mayor Mossar clarified the City should take full financial
responsibility for staff to investigate an alternative permeable surface and in no way affect the agreement made with the ISP.
08/05/02 94-362
Council Member Burch asked whether the proposed directive to staff could be taken on without causing extensive
reorganization. City Manager Frank Benest said the directive to staff would take some time, but he would first advise staff to conduct an analysis.
Council Member Freeman said the bulb out was not a part of the original request.
Council Member Kishimoto suggested staff not bring irrigation to
the area, but plant vegetation, such as native grasses, in a way that it could become part of a future park. MOTION FAILED 4-4, Burch, Morton, Mossar, Ojakian “no”, Beecham
absent.
REPORT OF OFFICIALS
5. Planning and Transportation Commission Recommendation to the City Council to Adopt a Resolution Approving No Parking
Zones on Arastradero Road at Terman/Donald Drives
Chief Transportation Official Joe Kott said the Terman Middle School was slated to open in September 2003, and would have approximately 761 students and 61 staff members. The additional
trips would significantly increase traffic turning left from Arastradero Road onto Terman Drive by about 50 percent. The
Terman Middle School Draft Environmental Impact Report (EIR) identified the creation of left-turn pockets and left-turn signal phases as traffic mitigating factors. Over the past
fifteen years there was a pattern of collisions between left-turners and opposing through traffic, and left-turners and
vehicles behind them. The Planning and Transportation Commission (P&TC) reviewed the staff recommendation for the creation of left-turn pockets and left-turn signal phases, and provisionally approved it. Provisional approval allowed staff to repencil the proposal to retain parking, which presently existed on the north
side of Arastradero Road. Staff had approximately 60 feet of curb-to-curb space to work with and recommended four 10-foot wide travel lanes, a 9.5-foot left-turn pocket, a 5-foot bicycle
lane, and a 7- to 8-foot parking lane. Terman Middle School was projected to have 250 cyclists, mostly coming from Donald Drive;
however, several of them would travel from Arastradero Road. Planning and Transportation Commission Chair Patrick Burt said the P&TC supported the staff proposal with the request to evaluate several alternatives. The Commission’s concern was
08/05/02 94-363
finding a way to accommodate the parking needs of the neighbors on the west side, while not jeopardizing the need for the left-
turn lane, nor the safety of pedestrians and bicyclists. He reminded the Council of Policy T-28 and T-39 of the Comprehensive Plan (Comp Plan), which validated pedestrian safety over vehicular needs in addressing the issues.
Bob Moss, 4010 Orme Street, said when the Jewish Community Center (JCC) had events at the Terman site parking usually overflowed into the neighborhood. That same problem would occur
when the school had events, and removing 41 parking spaces would not make it easier. If there were only one left-turn bay, it
would save approximately 18 parking spaces. He noted if a large number of parking spaces were removed, people would begin parking on Donald Drive and walking across Arastradero Road, which could create another potential safety problem.
Augie Lavagnino, Assistant Business Manager, Palo Alto Unified School District (PAUSD), said the PAUSD would appreciate approval of the left-turn lanes. The left-turn pockets would give them the safety they needed and ensure that the students arrived and left the school in the safest manner possible.
MOTION: Council Member Kishimoto moved, seconded by Freeman, to
deny the resolution as staff recommended and approve Alternative 5 in CMR:369:02 to split the eastbound and westbound Arastradero signal phases so that left turn lanes are not needed, no
restriping would be necessary and no loss of parking would result.
Council Member Kishimoto believed the City was losing sight of the Comp Plan policies, the commitment for walkable communities,
and the role that on-street parking provided. She concurred with P&TC Chair Patrick Burt on the importance of Policy T-39, which
stated safety was the first priority of transportation planning. It should prioritize pedestrian, bicycle, and auto safety over vehicle service and level of service at intersections. In the analysis of Alternative 5, the Level of Service (LOS) would move from LOS B to LOS C, which was an acceptable level.
Council Member Freeman said Alternative 5 also took into account the comments of Mr. Lavagnino in that there became a dedicated
light instead of a dedicated lane for persons turning left, which would help motorists from having to look for bicyclists
and other cars at the same time. She surveyed the area and spoke with a few of the neighbors. One long-time resident indicated she had seen more children biking westbound on Arastradero Road than eastbound, which was due in part to the size of the bike
08/05/02 94-364
lane. She said she would like consideration given to widening the bicycle lanes adjacent to the school.
Council Member Morton asked whether the no parking zones on Arastradero Road could be limited to weekdays between 7:30 a.m. and 5:30 p.m.
Mr. Kott said staff would be concerned because they expected that people would still make the left-turn.
Council Member Morton asked whether the Split-Phase (Alternative 5) required no parking all day.
Mr. Kott said staff was concerned that the Split-Phase Alternative would cause such consequences as traffic shifts onto side streets, maneuvers into the bicycle/parking lanes, and frustrated motorists making quick decision lane-shifts.
Council Member Morton asked whether staff had considered short-term parking to allow for the drop-off and pick-up of students. Mr. Kott said there appeared to be adequate provision for drop-
off and pick-up on the proposed school site. The Site Plan addressed that issue, and there was parking for more than 89
spaces above-and-beyond the needs of the school site. SUBSTITUTE MOTION: Council Member Morton moved to adopt the
resolution authorizing the establishment of no parking zones on the north and south sides of Arastradero Road for a distance of
300 feet to the east of the easterly crosswalk at Donald and Terman Drives, and for a distance of 165 feet to the west of the westerly crosswalk. Further, direct staff to look at the
possibility of limiting the no parking to weekdays from 7:30 a.m. to 5:30 p.m. and consider the option of drop off temporary
parking at certain times at schools. SUBSTITUTE MOTION DIED FOR LACK OF A SECOND
Vice Mayor Mossar felt it was not the place of the Council to
enlist themselves as traffic engineers. The City had highly trained staff in the Traffic Division whose responsibility was to do that. The Council’s responsibility that evening was to
either accept or reject the staff’s proposal. She was opposed to the main motion.
Council Member Kleinberg asked why staff believed there would be a backup of traffic if there were dedicated left-turn phase lights.
08/05/02 94-365
Mr. Kott said there was time allocated for each direction of travel and the associated left-turn from that direction. The net
effect would be to increase the overall stop delay in either direction, which would lead to an increased backup. Council Member Kleinberg asked how motorists would go in and out of Donald Drive onto Arastradero Road.
Mr. Kott said motorists would be given allocated time, which increased the amount of wait time for those making a left-turn
from Arastradero Road.
Council Member Kleinberg clarified that staff’s concern about Alternative 5 was the excessive backups resulting in potential safety problems and traffic shifting to parallel streets. She asked for further explanation on staff’s analysis.
Mr. Kott said staff was well aware of the long delays in the morning at Gunn High School of Arastradero Road, just west of the proposed Terman site. Motorists were aware of the delays at Gunn High School as they went through the Terman intersection, which led to frustration. That frustration would likely lead to
sudden lane-shifting without adequate consideration for traffic in the adjoining lanes, and increased traffic on local streets
that were not suited for such traffic. Council Member Kleinberg supported the proposed no parking zones
on Arastradero Road.
Council Member Burch said he was aware of the backup problems on Arastradero Road and agreed with staff’s recommendation.
Council Member Freeman clarified that Mr. Lavagnino said the PAUSD expressed concern for the safety of the students but did
not specify a particular option. Currently, motorists had to wait in line in order to turn or go straight on Arastradero Road. She was not convinced there would be an additional backup because of the proposed left-turn signal and a signal to move forward. She believed the traffic would move smoother with the
Shift-Phase (Alternative 5) than it presently did. Council Member Kishimoto said bicyclists could become just as
frustrated as motorists, as they rode in smaller and less safe bike lanes. The City seemed to be sending the message to give up
walking and biking for automobiles. She believed it was the role of the policy boards to set policy, especially when the City was setting a new direction.
08/05/02 94-366
Mayor Ojakian expressed opposition to the motion. He believed it was worth looking at the staff’s approach to the traffic on
Arastradero Road. He said although Addison Avenue was different from Arastradero Road, there had been a no parking zone in front of his residence for the past 27 years. There was an advantage to the no parking zone. He could see for a good distance as he backed out of his driveway and as he drove up his street coming
home. SUBSTITUTE MOTION: Council Member Morton moved, seconded by
Mossar, to adopt the resolution authorizing the establishment of no parking zones on the north and south sides of Arastradero
Road for a distance of 300 feet to the east of the easterly crosswalk at Donald and Terman Drives; and for a distance of 165 feet to the west of the westerly crosswalk. Further, direct staff to consider the option of parking for back to school nights and look at the possibility of drop off temporary parking
at certain times at schools.
Resolution 8209 entitled “Resolution of the Council of the City of Palo Alto Approving and Adopting No Parking Zones on Arastradero Road at Terman/Donald Drives”
Vice Mayor Mossar asked whether staff would comment on the
caveat given by Council Member Morton. Mr. Kott said staff would be glad to look at the possibility of
temporary parking at certain times. SUBSTITUTE MOTION PASSED 5-2, Freeman, Kishimoto “no,” Beecham, Lytle absent.
APPROVAL OF MINUTES MOTION: Vice Mayor Mossar moved, seconded by Burch, to approve the minutes of June 10 and 17, 2002, as corrected. MOTION PASSED 7-0, Beecham, Lytle absent.
CONSENT CALENDAR Council Member Freeman requested the removal of Item Nos. 13 and
15. Mayor Ojakian noted those items would become Item Nos. 23A and 23B.
Council Member Freeman referenced Item No. 6 and commented that in the future the residents surrounding the park area should be allowed to comment on any park improvements.
08/05/02 94-367
Bob Moss, 4010 Orme Street, spoke regarding Item No. 9. He said the Barron Park Association (BPA) was taking inappropriate
action by stating stop signs should be installed on Ilima Way and Ilima Court at Laguna Avenue, as opposed to having one property owner trim his bushes. He believed stop signs did nothing to create a safer environment. He urged the Council to remove Item 9 from the Consent Calendar or reject it.
Vice Mayor Mossar asked if there was a reason why the site-line, vegetation corner rule did not apply.
Mr. Kott said staff had taken the view that the character of
Barron Park would be affected if the solution were to trim the landscaping. He agreed with Mr. Moss that stop signs could be disrespected and problematic if not warranted. Staff believed the stop signs at Ilima Way and Ilima Court were warranted on the minor street approach.
Vice Mayor Mossar suggested that Item No. 9 be removed. MOTION: Council Member Morton moved, seconded by Mossar, to
approve Consent Calendar Item Nos. 6-8, 10-12, 14 and 16-21 on
the Consent Calendar.
LEGISLATIVE
6. Ordinance 4758 entitled “Ordinance of the Council of the City of Palo Approving and Adopting a Plan for Improvements to the Memorial Grove at Eleanor Pardee Park” (1st Reading
07/15/02, Passed 9-0.) 7. Ordinance 4759 entitled “Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Certain Properties on Van Auken Circle,
Amarillo Avenue and Greer Road, which are a Portion of That Property Known as Tract 796 from R-1 To R-1(S)” (1st Reading 07/22/02, Passed 9-0.)
8. Ordinance 4760 entitled “Ordinance of the Council of the City of Palo Alto Amending Sections 16.09.010, 16.09.031, 16.09.032, 16.09.033, 16.09.060, 16.09.061, 16.09.090, 16.09.095, 16.09.101, 16.09.103, 16.09.104, 16.09.105, 16.09.106, 16.09.110, 16.09.113, 16.09.115, 16.09.116,
16.09.117, 16.09.143, 16.09.144, 16.09.145, 16.09.155, and 16.09.160 of the Palo Alto Municipal Code Relating to Sewer
Use” (1st Reading 07/22/02, Passed 9-0.)
08/05/02 94-368
9. Resolution to Install Stop Signs on Ilima Way and Ilima Court at Laguna Avenue
Resolution xxxx entitled “Resolution of the Council of the City of Palo Alto Amending the Citywide Stop Intersection System Map to Approve Stop Signs at the Intersections of Ilima Court and Laguna Avenue and Ilima Way and Laguna
Avenue”
10. 1421-1423 Emerson Street - Summary Vacation of Public
Utilities Easement Resolution 8210 entitled “Resolution of the Council of the City of Palo Alto Ordering the Summary Vacation of a Public Utilities Easement at 1421-1423 Emerson Street, Palo Alto”
11. Resolution Adopting the Santa Clara County Green Business Pledge Resolution 8211 entitled “Resolution of the Council of the
City of Palo Alto Supporting Certification in the Santa Clara County Green Business Program and Adopting the Santa Clara County Green Business Pledge” 12. Revision of the City of Palo Alto Landscape Water
Efficiency Standards
Resolution 8212 entitled “Resolution of the Council of the City of Palo Alto Adopting Revised Landscape Water Efficiency Standards pursuant to Palo Alto Municipal Code
Section 12.32.040 (Water Efficient Landscape Ordinance) of Chapter 12.32 (Water Use Regulations)”
ADMINISTRATIVE
14. Contract Between the City of Palo Alto and Trugreen Landcare in an Amount Not to Exceed $125,000 for Fiscal
Year 2002-2003 Stump Removal Project 16. City Auditor’s Quarterly Report
17. Contract Between the City of Palo Alto and Novo
Construction in the Amount of $825,312 for the Electrical and Mechanical Upgrade to the Computer and Police Communications Equipment Room - Capital Improvement Program (CIP) Project 10027 and Civic Infrastructure Upgrades – CIP Project 10102
08/05/02 94-369
18. Contract Between the City of Palo Alto and Gachina Landscape Management in the Amount of $262,387 for
Cubberley Community Center Landscape Maintenance 19. Contract Between the City of Palo Alto and Geoff Brosseau in the Amount of $125,000 to Provide Assistance with the Pollution Prevention Program
20. Amendment to Contract No. C2133010 Between the City of Palo Alto and the City of Inglewood to Increase the Contract
Authority For Parking Citation Processing Services for the First Year by $22,600 and to Set the Amount of the Contract
For Each Subsequent Year of the Agreement in an Amount Not To Exceed $55,000 21. Request for Authorization to Increase the Amount of the Existing Contract for Legal Services with the Silicon
Valley Law Group, Contract C2143640
MOTION PASSED 7-0, for Item Nos. 6-8, 10-12, 14, and 16-21,
Beecham, Lytle absent. REPORT OF OFFICIALS 22. City Auditor’s 2002-03 Work Plan
City Auditor Sharon Erickson said the Palo Alto Municipal Code
(PAMC) required the City Auditor to submit an Annual Plan to the City Council for review and approval. The Work Plan incorporated input from the Ad Hoc Audit Committee, the City Manager, the
City Attorney, Council Members, City staff, and residents. There were four assignments presently in process:
1. Analysis of the Long-Range Financial Plan. Staff planned to bring the item back to the Council in
October 2002. Staff had completed the review of the 2002-2011 plan, which they would also present at the
same time. 2. Service Efforts and Accomplishments (SEA) Report. Staff had developed a prototype for an annual report
that summarized workload and results information for the City's major public service areas and provided
benchmark comparisons to other jurisdictions. 3. Performance Audit of Code Enforcement. Staff was looking at the program’s timeliness, responsiveness, and consistency of enforcement, and hoped to present its report to the Council in late fall.
4. Controls Review of the Enterprise Resource Planning (ERP) System. The implementation of the ERP would take
08/05/02 94-370
place over the next 18 months or so. The Auditor’s Office would provide advice and assistance to City
staff during the redesigning of the procedures to fit with the new computer system as it was implemented. Ms. Erickson said the Auditor’s Office had five ongoing assignments and responsibilities. They included the Annual
External Audit, Contracted Revenue Audit Services, Streamlining Initiatives, Reviews of Financial Procedures and Controls, and other responsibilities. The Auditor’s Office also selected new
assignments by balancing priorities and interests, impacts, high dollar amounts, and items that made good use of the office’s
skills. Those assignments included the Performance Audit of the Planning Division, Review of the Workers’ Compensation Program, Audit of Contract Contingency fees, Audit of Overtime Usage, Audit of Cable Franchise Customer Service Provisions, and Customer Satisfaction Survey. The City Auditor’s office would
keep the Council informed as to its progress in the quarterly reports. The Ad Hoc Audit Committee reviewed the Work Plan and recommended approval to the City Council. MOTION: Council Member Morton moved, seconded by Kishimoto, to
review and approve the City Auditor’s 2002-03 Work Plan.
Council Member Morton said it was a credit to the City to have such cooperation under the City Manager’s leadership, which had spilled over into the City Auditor’s office. The Ad Hoc Audit
Committee was aware the design of the new ERP System would take considerable time, and it was mutually agreed upon to have the
procedures in place before the implementation was completed. Council Members Burch and Kishimoto complimented the City
Auditor and her staff for their important and difficult work.
Mayor Ojakian said the City Auditor’s Work Plan was an ambitious job and he wished the staff well in doing as great a job as in the previous year. MOTION PASSED 7-0, Beecham, Lytle absent.
COUNCIL MATTERS
23. Mayor Ojakian and Council Members Beecham, Freeman, and Kishimoto Regarding Streaming Video Option for City Council
Meetings MOTION: Council Member Freeman moved, seconded by Kishimoto, to direct staff to provide the City Council with a cost analysis (initial and ongoing) and implementation plan (including
08/05/02 94-371
timelines) in September to determine if there is Council consensus to move forward with a streaming video project.
Council Member Freeman said she understood from the Director of Administrative Services, Carl Yeats, that a lot of the initial research and cabling had already been accomplished to achieve the request. Mr. Yeats had also stated that staff was excited to
do the streaming video over the Internet. Approximately eighty-five percent of Palo Alto residents were internet-enabled, which would provide the opportunity to offer another outlet for
communications.
Council Member Kishimoto said the streaming video option would provide another alternative to those persons who did not have access to cable. Council Member Morton said he felt that staff was already
overloaded and the matter should be tabled until spring 2003. City Manager Frank Benest said Mr. Yeats believed he could provide the information without additional work. Staff would not be able to provide an extensive report; however, they could
provide a simple report of one-time costs plus implementation and some sense of the schedule.
Council Member Burch supported the motion. It would allow persons in the community, who did not subscribe to the cable
system, but chose to connect with a direct broadcast system to view Council meetings.
Council Member Kleinberg asked what would occur once the information was returned to the Council in September.
Mr. Benest said when the item returned in September, the Council
would need to decide where the monies would come from. It could come from the Council contingency or the reserve funds. The Council could also direct staff to consider the video option at the coming budget hearings.
Mayor Ojakian said he understood the motion would provide information regarding cost analysis.
Council Member Kleinberg asked what the objective was for staff to spend their time on the matter. Her vote was affected by
whether staff was being asked for information only or whether the item would require a Budget Amendment Ordinance (BAO) when there were other things in the City that required monies as well.
08/05/02 94-372
Vice Mayor Mossar said she understood the motion involved having staff research the cost analysis of doing the video option. She
noted that Paragraph 3 of the Colleague’s Memo would direct staff to provide an implementation plan if the Council wanted to move forward. She supported the portion of the motion that asked for a brief report from staff on what the costs would be for the project. She did not support the other part of the motion asking
staff to bring an implementation plan in September. Mr. Benest said once the Council received the cost analysis,
staff would then outline the project’s timeline.
Council Member Freeman said the implementation plan meant how long the project would take in terms of days, months, or years. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to change the implementation plan to a proposed
timeline. MOTION PASSED 7-0, Beecham, Lytle absent.
23A. (Old Item No.13) Contract Between the City of Palo Alto and River City Constructors in the Amount of $163,234 for Traffic Control Safety Devices, Capital Improvement Program Project 19704
Council Member Freeman asked whether she would be able to see
what the traffic control safety devices looked like and if there was a process of approval that the devices went through with any of the Boards and/or Commissions.
Director of Public Works Glenn Roberts said the project involved
metal beam guard railing, railing end-treatments, and crash cushions, which were standard devices that were consistent with State and Federal standards. The devices did not lend themselves
to customized design or review and were not typically reviewed by the Architectural Review Board (ARB).
Council Member Freeman said she had envisioned the sand-filled yellow garage bins seen on the freeways.
Mr. Roberts said they did not look anything like that.
Mayor Ojakian suggested staff provide Council Member Freeman with information on the devices after that evening’s meeting. MOTION: Council Member Morton moved, seconded by Burch, to
approve staff recommendation to: 1) approve and authorize the Mayor to execute the attached contract (Attachment A) with River
08/05/02 94-373
City Constructors in the amount of $163,234 for the Traffic Control Safety Devices Project and 2) authorize the City Manager
or his designee to negotiate and execute one or more change orders for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $16,300.
Council Member Kishimoto said she was familiar with similar types of guardrails near her home on Embarcadero Road at Emerson Street. Many of the residents had complained to her about the
ugliness. She remembered at one time the ARB did review projects such as the one being proposed and suggested that Council pull
the item and direct staff to enlist the services of an urban design consultant. Council Member Kleinberg asked whether the project had already been outlined in the City’s budget.
Mr. Roberts said the Traffic Control Devices was a Capital Improvement Program (CIP) project that was approved by the Council a few years prior, but the CIP did not describe the level of detail that was being discussed that evening.
Council Member Kleinberg asked whether it was anticipated that
it would be covered in the CIP. Mr. Roberts said yes.
Council Member Kleinberg asked staff whether there was an
immediate safety problem or could the item be pulled. Mr. Roberts said there was not an immediate safety issue, but
the contract bid and award process needed to be completed within 30 days as provided for in the general conditions.
Mr. Benest said there were certain Statewide Caltrans standards for basic guardrails. If the City chose to deviate from that, there was a potential liability issue.
Vice Mayor Mossar said she remembered when the traffic diversion wall was put up on Embarcadero Road at Emerson Street and she did not believe it went through ARB review. She asked whether
staff was aware of design standards for street amenities.
Mr. Roberts said he recalled discussions for standardized designs and approvals for traffic circles. The proposed project would replace existing guardrails and crash barriers where the wooden posts have deteriorated.
08/05/02 94-374
Vice Mayor Mossar said she would support the motion. MOTION PASSED 6-0-1, Beecham, Lytle absent, Freeman “abstaining.” 23B. (Old Item No. 15) Contract Between the City of Palo Alto and Pulsar Technologies, Inc, in the Amount of $181,837 for
Substation Fiber Optic Communication Network Council Member Freeman questioned the word “furnishing” as it
related to the electric utility fiber optic substation communications network and asked whether “furnishing” meant
design and installation. Director of Utilities John Ulrich said the proposed contract was for designing and providing equipment. City crews would do the installation of the equipment.
MOTION: Council Member Morton moved, seconded by Burch, to
approve staff recommendation that Council: 1) approve and authorize the Mayor to execute the contract with Pulsar Technologies, Incorporated, in the amount of $181,836 for
substation fiber optic communication network; and 2) authorize the City Manager or his designee to negotiate and execute one or
more change orders to the contract with Pulsar Technologies, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not
exceed $18,184.
Council Member Kishimoto noted that most of the contracts that were before the Council that evening did not include the Scope of services. Although she did not need most of the “boilerplate”
information, she relied on having the Scope of Services. MOTION PASSED 7-0, Beecham, Lytle absent. COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS Council Member Kleinberg discussed affordable housing and noted
a number of problems with the Below Market Rate (BMR) units that had aging and maintenance issues, which were of big concern. She requested that Council direct staff to use identified emergency
funds.
City Manager Frank Benest noted the item had not been agendized. Director of Planning and Community Environment Steve Emslie noted the City Attorney had sent a letter indicating it was
08/05/02 94-375
possible under the deed restrictions to apply the value of assessment to the value of the home.
Council Member Kleinberg said even with the letter from the City Attorney, the residents of the BMR units would not be able to get private financing by August 10, 2002.
Mr. Benest said he was not aware of an emergency fund. There was a Housing Development Fund, but it was used to generate new BMR units.
Mayor Ojakian asked the Director of Planning and Community
Development if there was an existing emergency fund. Mr. Emslie said the City did have a small fund set aside. The monies in the fund were not as large as previously thought, so it was possible that staff would have to return to the Council
with a budget memo for a fund transfer. Mr. Benest said he was not aware of any BMR emergency fund. Council Member Kleinberg said she was told previously there was
a special fund with approximately $50,000 in it. If that was not the case and there was not enough money, then it changed the
whole landscape. Council Member Morton noted the assessment had been noticed with
the due date set. If the Council wanted to take action on the matter, the issue should be noticed and agendized.
Mr. Benest noted staff would return in September with possible answers.
Council Member Freeman asked whether the homeowner’s association
could be notified of the Council’s concerns and requested the assessment be delayed to September. Mr. Benest said staff could contact the homeowner’s association and inform them of what the Council had discussed.
Mayor Ojakian asked what the latitude was for direction when the item was not agendized.
Mr. Benest said he had already discussed the issue with the
Assistant City Manager and was determined to bring the item back on September 9, 2002. Council Member Freeman questioned whether there was a way to prolong the deadline for the assessment.
08/05/02 94-376
Mr. Benest said he did not know the answer to that, but staff would make contact with the homeowner’s association to let them
know of the situation. Council Member Kleinberg suggested turning the issue over to staff for possible deferred payments.
Council Member Burch, as President of a Homeowner’s Association, noted that residents should contact the Board of Director’s of the Association to see if there were reserves.
Council Member Freeman noted her concern with the informational
report of the Friends of the Palo Alto Library regarding the relocation of the book sale. Assistant City Manager Emily Harrison noted that staff was working to find a place at Cubberley Community Center.
Council Member Freeman noted the Noise Ordinance would be reviewed in September, and asked what it would take to review the entire Noise Ordinance.
Ms. Harrison noted that it was a minor correction to the Noise Ordinance that would return on the Consent Calendar.
Mayor Ojakian said in order to discuss the possibility of reviewing the entire Noise Ordinance, it would require a
Colleague’s Memo and review by the Planning and Transportation Commission (P&TC).
Council Member Morton noted his concern the Association of Bay Area Government (ABAG) and the Metropolitan Transportation
Commission (MTC) legislation from Senator Torlakson was moving in the wrong direction.
Mayor Ojakian noted that Thursday, August 8, 2002, was the National Bike Relay and would stop at 3 p.m. at the bike station. He also announced the next Mobile Mayor event was scheduled for Saturday, August 10, 2002.
CLOSED SESSION
The meeting adjourned at 11:47 p.m. to a Closed Session.
24. Conference with City Attorney – Existing Litigation Subject: In re Pacific Gas and Electric Company, a California Corporation, Debtor, U.S. Bankruptcy Court case No.: 01-30923DM Authority: Government Code Section 54956.9(a)
08/05/02 94-377
25. Conference with City Attorney – Potential/Anticipated Litigation
Subject: Significant Exposure to Litigation on One Matter Authority: Government Code section 54956.9(b)(1) & (b)(3)(A) 26. Conference with City -- Existing Litigation
Subject: Morgan McShan v. City of Palo Alto, Santa Clara County #CV797243 Authority: Government Code section 54956.9(a)
The City Council met in Closed Session to discuss matters
involving existing litigation and potential/anticipated litigation as described in Agenda Item Nos. 24-26. Mayor Ojakian announced that no reportable action was taken on Agenda Item Nos. 24-26.
FINAL ADJOURNMENT: The meeting adjourned at 12:10 a.m.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with
Palo Alto Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of
the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are
available for members of the public to listen to during regular office hours.
08/05/02 94-378