HomeMy WebLinkAbout1994-09-07 City Council Summary Minutes Special Meeting September 7, 1994 1. Joint Meeting with the Planning Commission ............ 73-343 1. Resolution Expressing Appreciation to Mike Cobb for Outstanding Public Service as a Member of the Blue Ribbon Task Force ..................................... 73-344 ORAL COMMUNICATIONS ....................................... 73-344 APPROVAL OF MINUTES OF JULY 5 AND 11, 1994 ................. 73-345 2. Consultant Contract between the City of Palo Alto and Vanstar Company for Computer Network Assistance for the Regional Water Quality Control Plant ................. 73-345 3. Contract between the City of Palo Alto and Tiger Contract Services, Inc. for Custodial Services at City Facilities ............................................ 73-345 4. Contract between the City of Palo Alto and Park City Landscaping, Inc. for the Installation of Satellite Irrigation Controllers at Mitchell Park, Cultural Center and Main Library ............................... 73-345 5. Rejection of Bids for Modifications to Park Drinking Fountains and Backflow Replacements ................... 73-345 6. Report of Financial Information re Resolutions and Ordinances for PERS Continuation of Employer-Paid Member Contributions Conversion ....................... 73-345 7. Confirmation of Council Directions to Staff Regarding Proposed Ordinance to Amend the Downtown Regulations for Seismic and Historic Preservation Incentives ...... 73-345 8. Conference with City Attorney--Existing Litigation .... 73-345
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9. PUBLIC HEARING: Planning Commission and Historic Resources Board recommend approval of a Negative Declaration and Adoption of an Ordinance to Amend Downtown Regulations to allow Incentives for Seismic Upgrade and Historic Preservation to be Combined for Commercially-zoned Properties Which Are Both Seismic Category I or II and Historic Category 1 or 2: 401 Florence (office), 456 University (Varsity Theatre), 480 University (retail/residential), 661 Bryant (church), 520 Ramona (retail/office), 205 Hamilton (retail/office), 529 Alma (retail), 525 Alma (retail/office) and 232 Homer (retail) (continued from July 5, 1994, to September 7, 1994) ................... 73-346 10. Santa Clara Valley Water District Project on El Camino Real at Matadero Creek - Response to Council Assignment 73-346 ADJOURNMENT TO CLOSED SESSION: The meeting adjourned at 8:10 p.m. to a Closed Session .............................. 73-349 FINAL ADJOURNMENT: The meeting adjourned at 8:45 p.m. ..... 73-349
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The City Council of the City of Palo Alto met on this date in the Council Conference Room at 5:30 p.m. PRESENT: Andersen, Fazzino, Huber, Rosenbaum, Schneider, Simitian, Wheeler ABSENT: Kniss, McCown ORAL COMMUNICATIONS None. SPECIAL MEETINGS 1. Joint Meeting with the Planning Commission No action required. ADJOURNMENT: The meeting adjourned at 7:20 p.m.
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:30 p.m. PRESENT: Andersen, Fazzino, Huber, Rosenbaum, Schneider, Simitian, Wheeler ABSENT: Kniss, McCown MOTION: Council Member Fazzino moved, seconded by Wheeler, to move Item No. 1 forward to be heard under Special Orders of the Day. MOTION PASSED 7-0, Kniss, McCown absent. SPECIAL ORDERS OF THE DAY 1. Resolution Expressing Appreciation to Mike Cobb for Out-standing Public Service as a Member of the Blue Ribbon Task Force MOTION: Council Member Fazzino moved, seconded by Wheeler, to adopt the Resolution. Resolution 7356 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Mike Cobb for Outstanding Public Service as a Member of the Blue Ribbon Task Force" MOTION PASSED 7-0, Kniss, McCown absent. Mike Cobb, 3863 Dixon Place, thanked the City Council for the Resolution of Appreciation. He said blue ribbon committees of distinguished expert citizens were a good way to make use of the many talents in the community. He hoped the study gave the Council the ability to come up with whatever changes it needed to make, that it enabled the Council to convince the community that the City was run efficiently, and that with the changes in place, the City could move forward with whatever sacrifices needed to be made. He said the organization that the Council finally approved should not be the one that pleased the Council, the consultants, or the City Manager, but it should be the one that truly served the people of the community in the best possible way. Council Member Fazzino said the Blue Ribbon Task Force Committee (BRTF) would not have gotten off the ground without Mike's tenacity and leadership. Mike selected the members of the BRTF in 1992 and made sure the best consultant was selected, that there was as much BRTF participation in the process as possible, and that staff was brought into the process at appropriate times. The City received an outstanding product and much of that was due to Mike's outstanding leadership. He thanked Mike for his continued efforts after he left the Council and also for agreeing to be a member of the BRTF. ORAL COMMUNICATIONS
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Herb Borock, 2731 Byron Street, spoke regarding the Midtown Market Study. Edmund Power, 2254 Dartmouth Street, spoke regarding the harbor (letter on file in the City Clerk's Office). Irvin Dawid, 3886 LaDonna Street, spoke regarding bicycle parking. APPROVAL OF MINUTES OF JULY 5 AND 11, 1994 MOTION: Council Member Fazzino moved, seconded by Schneider, to approve the Minutes of July 5, 1994, as submitted. MOTION PASSED 7-0, Kniss, McCown absent. MOTION: Council Member Fazzino moved, seconded by Schneider, to approve the Minutes of July 11, 1994, as submitted. MOTION PASSED 6-0, Andersen "not participating," Kniss, McCown absent. CONSENT CALENDAR MOTION: Council Member Wheeler moved, seconded by Huber, to approve Consent Calendar Item Nos. 2 - 7. 2. Consultant Contract between the City of Palo Alto and Vanstar Company for Computer Network Assistance for the Regional Water Quality Control Plant 3. Contract between the City of Palo Alto and Tiger Contract Services, Inc. for Custodial Services at City Facilities; change orders and amendments not to exceed $269,938 4. Contract between the City of Palo Alto and Park City Land-scaping, Inc. for the Installation of Satellite Irrigation Controllers at Mitchell Park, Cultural Center and Main Library; change orders not to exceed $6,300 5. Rejection of Bids for Modifications to Park Drinking Foun-tains and Backflow Replacements 6. Report of Financial Information re Resolutions and Ordinances for PERS Continuation of Employer-Paid Member Contributions Conversion 7. Confirmation of Council Directions to Staff Regarding Pro-posed Ordinance to Amend the Downtown Regulations for Seismic and Historic Preservation Incentives MOTION PASSED 7-0, Kniss, McCown absent. CLOSED SESSION The item may occur during the recess or after the Regular Meeting. 8. Conference with City Attorney--Existing Litigation
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Subject: L'Ritz, et al. v. City of Palo Alto, SCC No. CV-741971
Authority: Government Code ∋54956.9(a) Public Comments None. UNFINISHED BUSINESS 9. PUBLIC HEARING: Planning Commission and Historic Resources Board recommend approval of a Negative Declaration and Adoption of an Ordinance to Amend Downtown Regulations to allow Incentives for Seismic Upgrade and Historic Preserva-tion to be Combined for Commercially-zoned Properties Which Are Both Seismic Category I or II and Historic Category 1 or 2: 401 Florence (office), 456 University (Varsity Theatre), 480 University (retail/residential), 661 Bryant (church), 520 Ramona (retail/office), 205 Hamilton (retail/office), 529 Alma (retail), 525 Alma (retail/office) and 232 Homer (retail) (continued from July 5, 1994, to September 7, 1994) NOTE: The City Council took action on August 8, 1994, to postpone any further hearing or consideration of the item until December 5, 1994. No action required. REPORTS OF OFFICIALS 10. Santa Clara Valley Water District Project on El Camino Real at Matadero Creek - Response to Council Assignment Director of Public Works Glenn Roberts said staff had corresponded with and talked to the Santa Clara Valley Water District's (SCVWD) staff in order to prepare the response before the Council that evening. He said a draft letter to the SCVWD Board of Directors was attached to the staff report (CMR:417:94) for the Council's consideration. Council Member Schneider said there was no mention in the original agreement with the SCVWD regarding the type of mitigations that might assist the businesses at the completion of the project, e.g., street plantings. She asked whether there was any opportunity for improvement of the sites. Mr. Roberts said the approved plan was to restore El Camino Real to its prior condition and restore the median island to its prior appearance. The route was under the jurisdiction of Caltrans, and in order to build the project, the SCVWD was required to get an encroachment permit from the State. Any changes would have to be not only approved by the SCVWD but further reviewed and approved by Caltrans.
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Council Member Fazzino said the statement on page 2 of the staff report under Duration of Construction indicated "It is anticipated that the contractor will move to the next stage of the work (construction of the culvert beneath the center portion of El Camino Real) on September 23," which meant that traffic lanes would be going in each direction along the outer edge of El Camino Real. He asked whether the fences and the other obstacles between the businesses and the roadway would disappear when the construc-tion moved to the middle of the street or whether the fences and other obstacles would remain. Mr. Roberts said the project was being built in three stages. The first phase nearing completion was on the east side of the street, and it would be shifted to the middle of the street in the middle of the month. The third stage implemented next spring would focus on the west side of the street. The traffic control measures would change each time, and the location of the fences would be different. The obstacles to pedestrian traffic would continue to be in effect throughout the course of the job, e.g., at the crossing, the restaurants were worried that Varian employees would not be able to cross the street for lunch. Ralph Blair, Engineer, Santa Clara Valley Water District, said the fences and the staging areas would be moved to the side of the road when the construction moved to the center of the road. Council Member Fazzino clarified the same fences and obstacles would be erected on the west side of the road when the construc-tion began. Mr. Blair said that was correct. Council Member Fazzino recognized that the issue had been studied very closely and he knew the intent was not to create problems for the businesses. He asked whether alternatives had been considered to provide protection for workers and respect the integrity of the construction project but at the same time reduce the impact on adjoining businesses. Mr. Blair said the SCVWD had worked with Caltrans on the protec-tion of the job, the type of fencing that needed to be done, and the fencing that Sizzler Restaurant requested for safety around its building. Precautions had been taken but nothing excessive was done. Council Member Schneider said the staff report (CMR:417:94) indicated there were weekly meetings between the SCVWD and the merchants, and she asked what was discussed at the meetings. Mr. Blair said the chief inspector met with the contractor and the City on Wednesday. After the meeting, the contractor walked El Camino Real and met with each business owner. The general consensus was that the business owners were happy that the construction would move to the middle of the street and the obstructions would be moved.
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Council Member Schneider asked how many merchants were affected in the area. Mr. Blair said American Interiors, National 9 Inn, China Lions, Sizzler, and Fresco restaurants, Creekside Inn, a tile company, and a furniture store were the businesses affected. Council Member Andersen asked whether any additional work would be done by SCVWD in the next ten years that would impact commercial activities in Palo Alto. Mr. Roberts said no. Staff would continue the practice of sending information to the Council before a project started. Anthony Bennetti, General Counsel, Santa Clara Valley Water District, said no projects were planned for the future that would affect the commercial areas. Council Member Wheeler asked how many businesses would be affected by the next step and whether anything had been learned from working on the east side of the street that would help ameliorate the same impacts. Mr. Blair said there had been biweekly or weekly communication with Fresco Restaurant and Creekside Inn on the west side of the creek, and he felt the businesses were ready for the construction. The length of the detour would be the same when construction moved to the middle of the street. The on-street parking spaces would still not be available, but the visibility would improve on the east side, There would be fencing around the west side; however, it would not be the same as the "Sizzler" effect. Council Member Rosenbaum referred to the staff report (CMR:417:94) and asked the City Attorney to comment on the principle involved in the statement that it was not possible to consider financial compensation to the effected businesses. City Attorney Ariel Calonne stated a caveat that he would not be surprised if private property owners disagreed with his statement that it was fairly consistent for public agencies to have access to or rights in right-of-way. The question was whether the SCVWD's activity was consistent with the right-of-way or the access right it had in the right-of-way it was using. When there was a right-of-way to do something, it would include the opportu-nity to get into that right-of-way to perform maintenance or construction. He was not aware of anything the SCVWD was doing that was beyond the scope of the access rights it had received from Caltrans or the rights it had in the underlying creek. He could not find a compensable interest that was being damaged based on that conclusion. A claim could be made that the right-of-way had been overburdened and that the use had gone beyond the right of access that SCVWD had from Caltrans. He could not evaluate that kind of claim. If the SCVWD were within its right-of-way, he would initially question whether SCVWD had any right to pay some additional compensation, taking into account the broader constitu-ency it served.
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Mr. Bennetti concurred with Mr. Calonne's characterization. The SCVWD was expending public funds to accommodate everybody's use of the right-of-way, but a direct payment could not be made to a private interest with public funds where there was no compensable interest. Council Member Rosenbaum asked whether it was well established in state law that public agencies did not compensate private parties for disruptions to activities in the right-of-way. Mr. Bennetti said that was the general principle among all public agencies without a complete taking of the access. The public's use of the rights-of-way had a priority over that private use. MOTION: Council Member Huber moved, seconded by Wheeler, to approve the letter to the Santa Clara Valley Water District's Board of Directors requesting its support for resolving business-related impacts of the Matadero Creek/El Camino Real project, and to direct the staff to report back to the City Council at or about the time that the project occurred on the west side of the City which would be approximately six to eight months from this date. Council Member Huber said the issue was brought forward because there were a number of complaints and concerns from business owners. Unfortunately, the Council spent a lot of time with the homeowners and residents and perhaps not enough time with the business owners when it discussed the issue several months previous. He was pleased with the response from the SCVWD as indicated in its letter dated August 15, 1994, and the comments that evening would encourage the SCVWD and its personnel to stay in regular contact with the businesses and respond to any com-plaints received. MOTION PASSED 7-0, Kniss, McCown absent. ADJOURNMENT TO CLOSED SESSION: The meeting adjourned at 8:10 p.m. to a Closed Session. The City Council met in Closed Session to discuss a matter involving existing litigation as described in Agenda Item No. 8. Vice Mayor Simitian announced that there was no action to report with respect to the Closed Session. FINAL ADJOURNMENT: The meeting adjourned at 8:45 p.m. ATTEST: APPROVED: City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.200 (a) and (b). The City Council and Standing Committee meeting tapes are made solely for
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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.
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