HomeMy WebLinkAbout1995-11-20 City Council Summary Minutes Regular Meeting November 20, 1995 ORAL COMMUNICATIONS ........................................ 77-306 1. Contract between the City of Palo Alto and Vulcan Construction and Maintenance, Inc. for Modifications of House Gas Plumbing Required for Gas Main Replacement Pressure .............................................. 77-306 2. Contract between the City of Palo Alto and Marelich Mechanical Co., Inc. for the Incinerator Sludge Convey-ance System ........................................... 77-306 AGENDA CHANGES, ADDITIONS, AND DELETIONS ................... 77-306 2A. Conference with Real Property Negotiator .............. 77-307 2C. (Old Item No. 4) PUBLIC HEARING: The Planning Commis-sion recommends that the City Council consider the approval of an application for a Tentative Parcel Map to subdivide a 1.5-acre parcel into four, 10,000 square-foot plus, single-family parcels for property located at 4277 Miranda Avenue ........................ 77-307 2D. (Old Item No. 9) Council Members Fazzino, Huber, and Kniss re Embarcadero Road Capital Improvement Project (CIP) ................................................. 77-316 3. Audit of Contract Administration (continued from 10/16/95) ............................................. 77-329 5A. PUBLIC HEARING: Adoption of the 1994 Editions of the Uniform Plumbing Code, Uniform Building Code, Uniform Mechanical Code, Uniform Housing Code, and the 1993 National Electrical Code; and Streamlining Revisions to the Sign and Fence Ordinances ......................... 77-335 5B. Adoption of the 1994 Edition of the Uniform Fire Code . 77-335 7. Ordinance Amending the Budget for the Fiscal Year 1995-96 To Provide an Additional Appropriation For the Establishment of a Police Substation .................. 77-339 8. Use of Attendant Lot by Seniors Utilizing Senior Coordinating Council Services and La Comida ........... 77-342
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ADJOURNMENT: The meeting adjourned at 11:10 p.m. in memory of William "Nifty" Niethammer, long-time community activist .............................................. 77-343
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:10 p.m. PRESENT: Andersen, Fazzino (arrived at 7:50 p.m.), Huber, Kniss, McCown, Rosenbaum, Schneider, Simitian ABSENT: Wheeler ORAL COMMUNICATIONS Ben Bailey, 323 Byron Street, spoke regarding the big beer can caper goes to the stars. Ken Schwartz, no address given, spoke regarding generic topic choice. Edmund Power, 2254 Dartmouth Street, spoke regarding politics versus the public good (letter on file in the City Clerk's Office). Irvin Dawid, 3886 LaDonna Avenue, spoke regarding Downtown parking (in general) "A return to meters." Lynn Chiapella, 631 Colorado Avenue, spoke regarding CMR:463:95. Claudio Martinez, P.O. Box 273, Palo Alto, spoke regarding archaeology. CONSENT CALENDAR MOTION: Council Member Huber moved, seconded by Andersen, to approve Consent Calendar Item Nos. 1 and 2. 1. Contract between the City of Palo Alto and Vulcan Construction and Maintenance, Inc. for Modifications of House Gas Plumbing Required for Gas Main Replacement Pressure; change orders not to exceed $35,000. 2. Contract between the City of Palo Alto and Marelich Mechanical Co., Inc. for the Incinerator Sludge Conveyance System; change orders not to exceed $50,000. MOTION PASSED 7-0, Fazzino, Wheeler absent. AGENDA CHANGES, ADDITIONS, AND DELETIONS MOTION: Mayor Simitian moved, seconded by Huber, to move Item Nos. 4 and 9 forward to follow the Consent Calendar items. MOTION PASSED 7-0, Fazzino, Wheeler absent. City Manager June Fleming announced that Item No. 4 would become Item No. 2C; Item No. 9 would become Item No. 2D; Item No. 2B, "Conference with City Attorney-Potential/Anticipated Litigation," had been removed by staff; and Item No. 6, "Agreement with TCG San Francisco, Inc. to install and construct fiber optic cable and
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associated facilities and equipment for the provision of telephone and data services on Cable Co-op's right-of-way per the modified cable franchise agreement," had been removed at the request of Cable Co-op. CLOSED SESSION The item might occur during the recess or after the Regular Meeting. 2A. Conference with Real Property Negotiator Property: 725-753 Alma Street Potential Negotiating Parties: Charles "Chop" Keenan Subject of Potential Negotiation: Price Public Comment None. PUBLIC HEARINGS 2C. (Old Item No. 4) PUBLIC HEARING: The Planning Commission recommends that the City Council consider the approval of an application for a Tentative Parcel Map to subdivide a 1.5-acre parcel into four, 10,000 square-foot plus, single-family parcels for property located at 4277 Miranda Avenue. The lots would be accessed by an approximately 240-foot-long cul-de-sac street that the applicant is offering for public dedication. An exception is required for the proposed 40-foot-wide public right-of-way, where 50 feet is normally the minimum width required. At this time the applicant has not submitted an application for approval of single-family homes to be constructed on the proposed lots. Senior Planner Joseph Colonna said the applicant proposed a tentative parcel map to subdivide an existing parcel into four single-family lots with access from a new cul-dec-sac street which would be built by the applicant and dedicated to the City. Exceptions were requested for the cul-de-sac width of 40 feet where a right-of-way of 50 feet was otherwise required and for the use of a rural street design. The Planning Commission recommended approval of the tentative parcel map with the exceptions. The Planning Commission made two modifications at its hearing to the project: 1) to use a more rural Barron Park street standard which would include a valley gutter at the edge of the street paving and no sidewalk, and 2) to require automatic irrigation for the street trees. The Commission also recommended use of the Palo Alto Historical Association's first choice of "Lakin Court" for the name of the cul-de-sac. Since the Planning Commission's meeting, the president of the Greater Miranda Community Association had expressed the neighborhood's desire not to have the Council name the street "Lakin Court." The president suggested the cul-de-sac should not be named at all or it should be named "Miranda Lane" to be consistent with the neighborhood. Both of the options had been
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discussed with the Communications Division of the Police Department and had been found to be unacceptable from an emergency response perspective. The manager of the Communications Division concluded that because of the length and orientation of the cul-de-sac, it should have a separate street name. He also concluded that the street name should not contain the word "Miranda" because of potential conflicts with Miranda Avenue and Miranda Green which were existing street names in the neighborhood. If "Lakin Court" were unacceptable to the neighborhood, staff recommended the use of the name "Arroyo Court" which was originally recommended by the neighborhood and was the second choice of the Palo Alto Historical Association. Planning Commissioner Kathryn Schmidt said the Planning Commission felt that the more rural Barron Park standard was more appropriate in that location. Miranda Avenue did not have sidewalks although other cul-de-sacs off Miranda Avenue had sidewalks. The Planning Commission also noted a narrower street with 40 feet rather than 50 feet in that location was appropriate which was recommended in the update of the Comprehensive Plan. She noted that no neighbors came forward to either recommend option or rejection of the use in that location as compared to the previous use in that location. Council Member Kniss asked whether the names "Miranda Green," "Miranda Avenue, or "Miranda Lane," were confusing to a dispatcher. City Manager June Fleming said the dispatchers had suggested that the words "court" or "lane" would be confusing and could potentially cause a delay in directing any emergency services in the area. That conclusion was based on their experiences of dispatching and the safety of people who had to respond and determine the streets and address. Therefore, the Communications Division recommended that "Miranda" not be used for the new street portion. Council Member Kniss asked whether that was consistent with other parts of the community as well. Ms. Fleming replied that both situations existed, but it was more prevalent not to use the common name from the street onto the new area. There were more situations in the City that used a different name. There was a perception that if the words "court" or "lane" were used, it was a carry over from the existing street which was not the pattern in Palo Alto. Council Member McCown referred to a letter from Lillian Haning dated November 7, 1995, who raised the question about the possible change in her existing street address. She asked whether the change in the name of the cul-de-sac would change existing properties. Mr. Colonna said there were two flag lots that currently gained access off of the old hospital site driveway. If the cul-de-sac were built, the lots would gain access from a driveway off of the cul-de-sac.
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Council Member McCown asked whether Ms. Haning's home at 4283 Miranda Avenue was at the beginning of the new cul-de-sac. Mr. Colonna believed the flag lot was farther east of the cul-de-sac. Council Member McCown clarified that 4283 Miranda Avenue would have a different number on another street. Mr. Colonna said the property would have a street name change but not necessarily a street number change. The same number pattern could possibly be used. Mayor Simitian declared the Public Hearing open. Alan Dunckel, applicant, 205 Manzanita Avenue, said he had been working on the process for almost two years, and he understood the Planning Commission's unanimous approval was one of the quickest approvals ever done. He thanked the City staff for their efforts. He had talked to some of the neighbors about the street name and explained that he had had no input on the name of the street. Crystal Gamage, President, Palo Alto Historical Association, 1568 Channing Avenue, said the Palo Alto Historical Association (PAHA) was pleased that the Planning Commission concurred with its recommendation to name the new street "Lakin Court." There had been no strong objections by the neighbors regarding their input into the process. The City always asked the PAHA to name the streets. The Lakin Family was a prominent family in Palo Alto and it was not unusual for Palo Altans to honor their distinguished forbearers by naming a street after them. Both Judge Lakin and his father were quite active in Palo Alto, had a lot to do with the education program, and were also founders of Alta Mesa Cemetery which was a neighbor to the new development. Mayor Simitian declared the Public Hearing closed. MOTION: Council Member Kniss moved, seconded by Andersen, to approve the following: 1) the Mitigated Negative Declaration; 2) the Tentative Parcel Map, based on the following modified findings; 3) an exception to allow a 40-foot-wide right-of-way where 50 feet is normally required and a rural street design, based on the following modified exception findings; and 4) the new street name of "Lakin Court" as recommended by the Palo Alto Historical Association: Modified Findings (Modifications in Italic) FINDINGS FOR TENTATIVE PARCEL MAP 1. The proposed subdivision is consistent with applicable Comprehensive Plan policies and programs, as described on pages 2 and 3 of the City Manager's Report, in that it will maintain the low-density character of an existing single-
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family area, and it enhances the qualities which make Palo Alto's neighborhoods desirable by replacing a vacant commer-cial facility with four single-family parcels which comply with the requirements of the R-1(929) zone district. 2. The site is physically suitable for the type of density of development proposed in that the four lots can be developed in conformance with the R-1(929) single-family zone district site development regulations. 3. The design of the four lot subdivision will not cause significant environmental impacts or substantially and unavoidably injure fish or wildlife or their habitat in that the project will result in reduced impervious surface coverage, increased setbacks from the creek bank, and a decrease in the number of daily vehicle trips, as documented in the attached Mitigated Negative Declaration. 4. The design of the subdivision and the proposed improvements will not result in serious public health problems in that all necessary public services, including public utilities and access to a public street, are available and will be provided. 5. The design of subdivision will not conflict with public easements for access through the use of the property within the subdivision. FINDINGS FOR EXCEPTION TO RIGHT-OF-WAY WIDTH AND DESIGN 1. There are special circumstances or conditions affecting the property, in that the property is located in a lower-density rural residential area of Palo Alto, which is bordered on the east by Adobe Creek, and on the north and west by the remnant of an orchard field currently maintained on the property of Alta Mesa Cemetery. The surrounding single-family neighbor-hood is currently served by Miranda Avenue, which at its widest point has a right-of-way width of 40 feet, where a 60-foot-wide right-of-way is required for a local street. Additionally, Miranda Avenue does not have sidewalks to provide a formal pedestrian path to the proposed cul-de-sac street. 2. The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner, in that the wider street right-of-way and sidewalks would not be consistent with the rural residential character of the area and would exceed the width of the local street providing the only vehicular access the cul-de-sac. 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated, in that the proposed cul-de-sac will provide adequate access to the six single-family parcels for residents, guests and emergency vehicles.
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4. The granting of the exception will not violate the require-ments, goals, policies, or spirit of the law, in that the right-of-way will provide adequate vehicular access, landscape strips, on-street parking and drainage in compliance with the established "Barron Park" standard for street improvements. Modified Conditions (Modifications in Italic) CONDITIONS FOR TENTATIVE PARCEL MAP PRIOR TO SUBMITTAL OF A PARCEL MAP 1. The applicant shall arrange a meeting with Public Works Engineering, Utilities Engineering, Planning, Fire, and Transportation Departments after approval of this map and prior to submitting the improvement plans. The purpose of the meeting is to review all conditions of approval and to discuss the standards for design of all off-site improvements including the street and all required utilities. Improvement plans reflecting the required off-site improvements and utilities shall be submitted and approved by the City prior to submittal of a parcel map. 2. The improvement plans shall include detailed drawings for all public improvements to conform to the "Barron Park" standard for street design. Improvement plans shall include the location of street trees and automatic irrigation system, street signs, fire hydrants, street lights, 36-inch-wide valley gutter, and "No Parking" signs on the east side of the street from the intersection with Miranda Avenue to the north property line of lot 1. The improvement plans shall be submitted for review and approval by the Public Works Depart-ment. 3. The subdivider shall install 13 street trees within the planting strips on either side of the proposed public right-of-way. The size, species and location of the street trees and the design of the required automatic irrigation system shall be approved by the City Arborist and the Planning Division. 4. The subdivider shall submit a detailed grading and drainage plan to the Public Works Department. Prior to approval of the parcel map, the grading and drainage plans must be approved by the Public Works Department. 5. The subdivider shall install all electric utilities in accordance with Palo Alto Standards, including underground utilities, to the satisfaction of the Utilities Department. Each residence shall have individual electrical service. A new padmount transformer is required to serve the subdivision. All electrical plans shall be approved by the Light and Power Division before the parcel map is approved.
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6. All work done within the City right-of-way will require a Street Work Permit from the Public Works Department. PRIOR TO APPROVAL OF THE FINAL MAP 7. The subdivider shall dedicate a 40-foot-way public right-of-way, as shown on the approved tentative parcel map, and all necessary public utility and storm drain easements to the City of Palo Alto. This dedication shall be shown on the face of the parcel map. 8. The subdivider shall enter into a subdivision agreement with the City of Palo Alto. The agreement shall be recorded with the approved parcel map at the office of the Santa Clara County Recorder and shall include the following agreements: a. The subdivider shall agree to pay an in-lieu fee of 3.5 percent of the market value of each lot in fulfillment of Programs 9 and 13 of the Housing Element of the Palo Alto Comprehensive Plan. The proposed lots have been valued at $400,000 each. The subdivider shall agree that the payment will be due at the first occurrence of either of the follow-ing: (I) A $14,000 payment for each lot shall be due and payable at the first sale or transfer of title of each lot. (ii) A full payment of $56,000, or any remaining payments not already made under the above provision, shall be due and payable three years from the date of City Council approval of the parcel map. b. The subdivider shall submit improvement plans for the design of the cul-de-sac, planter strip, sidewalk and all other public improvements required by this approval. These improvements shall be installed by the subdivider, at the subdivider's expense and shall be guaranteed by bond or other form of guarantee acceptable to the City Attorney. All public improvements shall be constructed by a licensed contractor and shall conform to the City's standard specifications for cul-de-sac streets, with the exception of right-of-way width (see City Standard Drawing 201). c. If, at the time of filing the final map, subdivider has not acquired sufficient title or interest in the required public right-of-way in order to allow construction of the improvements and conveyance of same to the City for use by the public, the subdivider shall agree to the following: (I) Subdivider shall complete the improvements at such time as the City acquires an interest in the land which will permit the improvements to be made, and (ii) Subdivider shall pay all costs and expenses of the City
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related to acquisition of the off-site real property interests required in connection with this subdivision. Such costs and expenses shall include, but not be limited to, court costs, appraisal expenses, payment to parties having interests which must be acquired, and legal fees (whether rendered by City employees or outside counsel). City may require, as part of the agreement, a deposit and/or posting of other security to guarantee payment by subdivider of all costs and expenses. d. The subdivider shall plant four new trees outside of the building envelopes of the proposed parcels. The location and species of the trees shall be shown on the improvement plans and shall be reviewed and approved by the City Arborist and the Planning Division. Installation of the trees shall be guaranteed by bond or other form of security approved by the City Attorney. e. The applicant shall demolish all existing site improve-ments including the hospital buildings, paving and accessory structures. Demolition of these improvements shall be guaranteed by bond or other form of security approved by the City Attorney. PRIOR TO RECORDATION OF PARCEL MAP 9. The final parcel map shall be filed with the Planning Division within four years of the approval of the preliminary parcel map. 10. The subdivider shall submit to the Public Works Department a copy of an approved Santa Clara Valley Water District permit for construction of the cul-de-sac and storm drainage system. PRIOR TO ISSUANCE OF DEMOLITION PERMIT 11. The applicant shall be responsible for identification and location of all utilities, both public and private, within the work area. Prior to any excavation work at the site, the Permittee shall contact Underground Service Alert at (800) 642-2444, at least 48 hours prior to beginning work. 12. For this subdivision, a certified arborist shall be retained by the applicant to prepare and submit tree protection plans for all private and public trees to be retained. The plans shall identify the trees to be protected and include measures for their protection during demolition and construction. The certified arborist shall inspect the tree protection measures and shall certify that the PAMC Sec. 8-04-015 have been installed prior to demolition, grading, or building permit issuance. 13. The applicant shall submit a request to disconnect all utility services and/or meters including a signed affidavit of vacancy. The form is available at the Building Department. Utilities will be disconnected or removed within
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10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and removed. 14. Prior to issuance of a demolition permit or building permits for lots 1-3, temporary barrier fencing shall be erected along the "building setback line established by SCVWD", as shown on the tentative map. No vehicles, equipment or materials shall be stored within the fenced area. All work within the riparian corridor, such as installation of a new outfall, shall be approved by the Planning Division and SCVWD prior to commencement of construction. The design of the barrier fence shall be approved by the Planning Division, prior to installation. The fencing shall be removed after construction is complete. 15. The subdivider shall submit a creek bank stabilization and riparian zone planting plan to the Planning Division for review and approval. The plan shall identify the measures to be taken to stabilize and repair the creek bank and riparian zone after demolition of existing site improvements. Biotechnical measures and riparian species shall be used. The approved measures shall be implemented after demolition and prior to final of the building permit to construct the required off-site improvements. This plan and implementation shall meet the satisfaction of the Planning Division and the Santa Clara Valley Water District. PRIOR TO ISSUANCE OF A BUILDING PERMIT 16. The applicant shall submit to the Planning Division a demoli-tion and construction logistics plan that identifies measures that will be taken to maintain acceptable vehicular access to the private driveway serving the existing flag lots to the east of the subject site. Access for private vehicles and emergency vehicles shall be maintained at all times. Resi-dents of the flag lots will be given prior notice of any period when direct access would be blocked. In the case where direct access is blocked and cannot be restored within a reasonable amount of time, the applicant shall make arrangements for alternate access to the private driveway. PRIOR TO FINAL OF THE BUILDING PERMIT 17. The approved bank stabilization plan, as identified in condition 15, shall be implemented prior to final of a building permit to construct the off-site improvements. The subdivider shall contact the Planning Division to inspect and verify that the stabilization measures have been implemented in accordance with the approved plan. DURING CONSTRUCTION 18. To reduce dust levels exposed earth surfaces shall be watered as necessary. Spillage resulting from hauling operations along or across any public or private property shall be
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removed immediately and paid for by the contractor. Dust nuisances originating from the contractor's operations, either inside or outside of the right-of-way shall be controlled at the contractor's expense. 19. All non-residential construction activities shall be subject to the requirements of the City's Noise Ordinance, Chapter 9.10 PAMC, which requires, among other things, that a sign be posted and that construction times be limited as follows: 8:00 AM to 8:00 PM Monday through Friday 9:00 AM to 8:00 PM Saturday 10:00 AM to 6:00 PM Sunday. For construction on residential property, the ending time shall be 6:00 p.m. Monday - Saturday. 20. The developer shall require its contractor to incorporate best management practices (BMP's) for stormwater pollution prevention in all construction operations, in conformance with the Santa Clara Valley Nonpoint Source Pollution Control Program. The Inspection Services Division shall monitor BMP's with respect to the developer's construction activities on private property; and the Public Works Department shall monitor BMP's with respect to the developer's construction activities on public property. It is unlawful to discharge any construction debris (soil, asphalt, saw cut slurry, paint, chemicals, etc.) or other waste materials into gutters or storm drains. (Federal Clean Water Act) 21. If during demolition or construction any archaeological or human remains are encountered construction will cease and a licensed archaeologist shall be contracted by the applicant to make a site visit and assess the find. The archaeologist shall report the findings to the Planning Division within 5 working days of the site visit. If human remains are discov-ered, the applicant shall contact the Santa Clara County Medical Examiner's office for direction on how to proceed. If any Native American resources are encountered during construction, construction shall cease immediately until a local Native American descendant (appointed by the Native American Heritage Commission of the State of California) is able to evaluate the site and make further recommendations and be involved in mitigation planning. ONGOING 22. Building Permits for the new residences to be constructed in this subdivision shall be subject to review by the Architec-tural Review Board in compliance with Palo Alto Municipal Code 16.48 unless the houses are singly developed by different owners. Council Member Kniss remained confused about the name change and understood why people might be uncomfortable with the name change.
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She appreciated the concern expressed by the Police Department but there were a number of courts in the City that did not have a differentiation in name. She would support the staff's recommendation but was not convinced that the street name needed to be changed for four houses. Council Member Andersen said Miranda Avenue was a confusing street and he accepted the rationale for the name change, and he did not believe it created a great hardship for the neighbors. Council Member Schneider supported the motion. Based upon the comments from the neighborhood who were uncomfortable with the name "Lakin Court" due to some previous lawsuits and the comments from the Communications Division, she suggested the street name of "Arroyo Court." AMENDMENT: Council Member Schneider moved, seconded by McCown, to revise the motion to approve the street name of Arroyo Court. Council Member McCown clarified that the neighborhood association was supportive of that approach and it was the second choice from the PAHA. Council Member Andersen asked whether there was a street named Arroya Court in the City. Mr. Colonna said both recommendations by the PAHA were reviewed by the Communications Division and the Fire Department and Arroyo Court was acceptable. Council Member Kniss said Council Member Schneider's comments had convinced her that Arroyo Court was a better name, and she would support the amendment. However, she still felt uncomfortable with making any name change. AMENDMENT PASSED 8-0, Wheeler absent. MOTION AS AMENDED PASSED 8-0, Wheeler absent. 2D. (Old Item No. 9) Council Members Fazzino, Huber, and Kniss re Embarcadero Road Capital Improvement Project (CIP) Council Member Fazzino said the Council had been discussing the issue for some time. Neighbors on Embarcadero Road had appeared before the Council in the past, and the Council had met with the neighbors and personally observed the problems with speeds and trucks on Embarcadero Road. The Council had been very concerned about a serious safety problem on Embarcadero Road earlier in the year, and the Police Department and Traffic Division had put together an excellent series of recommendations regarding citywide steps that could be taken to address a growing traffic safety problem. The Council had already approved some of the recommenda-tions, and an additional $100,000 was allocated for traffic safety. He believed the Embarcadero Road neighbors had already seen the benefits of some of those expended funds that resulted in an effort that occurred several weeks prior which collared some
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violators of the City's laws. Some additional traffic safety measures that could be put in place in the next several months might include photo radar as well as cameras on red lights to catch red light runners which had also been a significant problem. Traffic safety was one aspect of the problem, and the issue was being addressed on a citywide basis. A number of Council Members recognized there were other ways to attack the issue and that there were fundamental design problems on Embarcadero Road, particularly that the road felt like an expressway off of Highway 101. Additional funds could be spent on traffic safety but it would not address the issue adequately until and unless the design of Embarcadero Road was changed and the street was made a more residential street with 25 to 30 miles per hour (mph) as an adequate speed rather than 40 or 50 mph. He felt based upon the comments received from the Embarcadero Road neighbors and his and Council Member Huber's personal experience of standing on Embarcadero Road and recognizing how bad the situation had become over the previous few years, that the City needed to move forward with an approach that considered possible design changes for Embarcadero Road. The proposal recommended that the City Manager incorporate the concept into the Capital Improvement Project (CIP) process for the current fiscal year and that a proposal or alternative proposal be brought before the Finance Committee and the full Council as part of the CIP process for the 1996-1998 two-year budget process. He emphasized that he was not personally committed to any specific design, but he wanted the process to move forward and wanted staff to work with neighbors and others and bring the Council specific proposals so that the Council had the ability to act. He referred to a letter from Margaret Feuer and said he had spoken with several University Avenue neighbors and recognized there were legitimate concerns about University Avenue and other residential arterials. He also felt it was important for the Council to address the larger issue of residential arterials in the community. Council Member Rosenbaum had suggested that the Council establish as a priority addressing the concerns of residential arterials when developing design and other approaches, but at the same time, establish Embarcadero Road as a priority for the CIP for the current year. He emphasized that moving forward with Embarcadero Road would not deny the tremendous need to address the larger issue of residential arterials as well. The Council would need to proceed in several different directions to address the traffic safety concerns in the community: 1) focus on Citywide traffic safety measures which had been previously adopted, 2) address the unique issues of all residential arterials and design traffic safety and other approaches, and 3) move forward that evening and request the staff to develop a specific design plan for Embarcadero Road which would be part of the CIP for 1996. Council Member Kniss said the proposal was an indication that the Council took traffic safety seriously and it would be considered. A discussion at a recent meeting of Caltrans indicated that regardless of the speed limit set for a road, the speed that people drove was the speed that they perceived to be safe. Part of the Council's concern had been that the City would be able in ways that were more controllable than legal enforcement to slow
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down the traffic. People sometimes objected to a proposal because it made it difficult for them to navigate into their driveways. She asked the community to provide input to the Council as the process moved forward so that the Council would be able to provide solutions to a major problem in the City. Council Member Andersen said the third paragraph in the memorandum referred to a narrowing of lanes and he asked whether that meant the number of lanes or the width of the lanes. Council Member Fazzino said the width of lanes. Council Member Andersen asked whether the CIP would be for 1996 or 1997. Council Member Fazzino said the intent was for the 1997 CIP. Council Member Andersen asked whether data would be available on the number of accidents that were related to speed on Embarcadero Road. The correlation would help justify the expenditure at the Finance Committee level. City Manager June Fleming said the precise figures were not available that evening, but the Police Department had indicated that Embarcadero Road was not among the top five arterials in Palo Alto in terms of accidents but that should not be used as a judgment about whether or not there was a problem on Embarcadero Road. Council Member Andersen asked whether there would be further amplification on the issue in the future. Ms. Fleming understood the staff would have the flexibility to return to the Council with data supporting the staff recommenda-tions as well as any other recommendations the Council might suggest for addressing the issue. Council Member Andersen wanted further clarification on how the proposal might impact other neighborhoods and also what CIPs might be postponed in order for the proposal to proceed. Council Member Rosenbaum wanted to expand the concern to all the City's residential arterials in the future. The capital improve-ment was not obvious to him and normally the Council directed staff to perform a study to consider a certain alternative with cost, impact on neighbors, and traffic concerns as a factor. As a result of that study, the Council might decide it was worthwhile to move forward with a CIP, e.g., the school corridor safety study that lead to a CIP. He asked why a study was not recommended and what was the impact of suggesting a CIP at the outset. Ms. Fleming said one of the methods used was to have the study first. She broadly interpreted a plan as including a study, and she understood the recommendation was to consider including the proposal in the 1997 CIP but it was not guaranteed that that would occur. Staff would do a plan; and if staff decided a study should
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be done, it would ask the Council for that direction before any recommended CIP was brought forward. She understood from the recommendation that if 1997 were not feasible, staff should return with a recommendation and the Council would make a decision at that time. She agreed a study needed to be done and that was one of the issues that needed clarification. Council Member Rosenbaum said one approach to a CIP was to put a certain amount of money in the budget for a study in the first year and then have "to be determined" figures for future years. He asked for the City Manager to interpret the intent of the proposal. Ms. Fleming said a firm decision had not been made since staff was working on a plan that would address the issue. There were facts that needed to be compiled so that a comprehensive plan could be done to address all the City's arterials, not just Embarcadero Road. She said the proposal's language was acceptable, but if the Council wanted more flexibility, staff would address that issue when it returned to the Council with a recommendation. Council Member Schneider did not recall a similar situation where a proposal was recommended for a CIP without previous discussion. There were other arterials in the City that needed the same thing. She asked why Embarcadero Road was chosen before Universi-ty Avenue. Council Member Fazzino said it was a difficult decision. Arguments could be made that there were legitimate reasons to consider Arastradero Road, Middlefield Road, University Avenue, and Embarcadero Road. He was motivated by concern over the area on Embarcadero Road between Highway 101 and Newell Road. He felt the area was qualitatively different than University Avenue or Middlefield Road and was a de facto expressway. A person leaving Highway 101 still felt that he/she was on a freeway-like road, and he was convinced that many of the excessive speeds were due to the fact that there was no significant transition in design between Highway 101 and Embarcadero Road, particularly in that area. He emphasized that he was not discounting the importance of address-ing the larger issue of residential arterials. He believed something needed to be done at the end of Embarcadero Road in order to make it a more residential-like area. He viewed Embarcadero Road as his first priority among the residential arterials. Council Member Kniss said the Council had discussed Embarcadero Road continuously during the previous years. Embarcadero Road appeared to be wider and had fewer trees in the same location as the other arterials of concern to the Council. She felt the area from Highway 101 to Newell Road had an unusual width, and she believed the proposal was a start in the right direction. Mayor Simitian felt the proposal was a little vague about who would do what, when, and how and through what process. He clarified the proposal would be part of the 1997 CIP. He asked what was the calendar for items to be included in the 1997 CIP.
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Ms. Fleming said the proposal could be part of the 1997 CIP. She said staff was in the process of completing a two-year budget, so the Council would receive a two-year operating budget and a two-year Capital Improvement Program. However, the Council would only approve the first year and the second year in concept which allowed staff the flexibility under extraordinary, unusual, and needed circumstances to amend or add to the second year of a two-year budget. If the proposal were for 1997-1998, the second year of the process had several options available. The suggestion offered by Council Member Rosenbaum to put a placeholder could be done and staff could refine it for the second year when the interim budget was done. Mayor Simitian asked whether the intent of the proposal was that the decision regarding Embarcadero Road would have some specificity as to improvements and costs and that the City Manager's determination would be by the end of the fiscal year, June 30, 1996, so that it could be folded into the 1997-1998 CIP. Council Member Fazzino said that was his intent. Mayor Simitian was concerned that the Council might conceivably be reaching some conclusions that the Council was not ready to reach, i.e., should something go there, what should it be, and how much money should be spent. He understood that the request was fairly broad in terms of a direction to the City Manager to look at the issue and return with a recommendation to the Council. He felt that direction was fairly benign, but he did not want the neighbors to believe that there was a commitment to specific improvements or dollar amounts when the Council had only asked the City Manager to look at the issue and return with a recommendation. He was uncertain whether the Finance Committee was the place to have a thorough ongoing discussion regarding traffic problems. He asked whether the item could return to the full Council before it went into the process. Ms. Fleming understood that the Council would not make a decision that evening other than directing the City Manager to develop a plan and consider including it in the budget. The procedure for the budget was that the Council asked the City Manager to consider putting an item into the budget. The City Manager had the prerogative to include or not include an item in the budget. If an item were not included in the budget, she was obligated to return to the Council with an explanation of why it was not included. There were no dates or commitments beyond the City Manager developing a recommended plan that would have to return to the Council, and she would then consider funding and placing it in the 1997-1998 CIP or some other time if that were her recommendation. She assured the Council that staff would present a plan to the Council for discussion, work with the neighbors, return to the Council, and finally a CIP would be considered for the 1997 year. Mayor Simitian clarified the range of possibilities that the City Manager might return to the Council with could be a $2 million program for the entire length of Embarcadero Road with very
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specific improvements or it could be a recommendation that no street improvements were appropriate in terms of dealing with traffic issues along Embarcadero Road. Ms. Fleming said that was possible. Staff could also return with a recommendation that every arterial was extremely important and certain things needed to be done on every street. If Council wanted to give priority to Embarcadero Road, staff would make a recommendation on how it could be done. Janet Glaze, 893 Embarcadero Road, felt some good things had already started throughout the City. There was a community officer program in operation and within the next calendar year there would be five police motorcycles in operation on the streets. She was pleased that flashing lights had been newly installed on either side of Walter Hays School. The neighborhood became very concerned anytime there was a discussion about the possibility of increasing the speed limit to 35 mph on Embarcadero Road. Any increase in speed might send a message to a driver that it was okay to drive faster. It did not make sense to increase the speed to make a driver go slower. There was a traffic enforcement problem on Embarcadero Road. As long as the traffic officers were visible and actively enforcing the speed limit, the traffic was controlled; but as soon as the officers left, the problems returned immediately. It was treacherous to make a left turn onto Embarcadero Road, and speeders and right-of-way violators made turning into a driveway and the side streets very dangerous. She stressed that there was a real problem with over 7-ton trucks speeding on Embarcadero Road. On November 2, 1995, Sergeant John Costa headed a team checkpoint on Embarcadero Road and in three hours stopped many trucks and obtained a most impressive list of violations and citations which documented the neighborhood's concerns (letter on file in the Clerk's Office). The neighborhood realized that other streets in the City had similar abuse problems but felt that something should be done to educate the drivers that came off of Highway 101 that he/she was in the City and should obey the traffic laws and speed limits. The hope was that if the problems were corrected on Embarcadero Road, it would benefit all the streets in Palo Alto. The neighborhood knew the traffic volume on Embarcadero Road could not be controlled, but it felt the composition of that traffic and the speed with which it travelled could be controlled. Horace Anderson, 1087 Embarcadero Road, said anything that could be done on Embarcadero Road would help solve the problems on other streets in Palo Alto. It was the first time there had been a Council-generated plan for addressing the unsafe traffic conditions on Embarcadero Road. He thanked the staff for participating in several meetings with representatives from the residents and neighbors of Embarcadero Road. Many of the neighbors were concerned about the present dangers of speeding, red light running, and overweight, noisy, and defective trucks. The neighborhood enthusiastically supported the CIP project as a first step; but it was a slow process that required study, consensus, funding, and a period of implementation. He felt it was unfair, impractical, and not cost-effective to place the
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burden of enforcement of the existing speed and red light running restrictions entirely on the Police Department. As a immediate procedure for dealing with the existing traffic problems, the neighborhood would continue to ask for red/green signal light timing that permitted smooth, continuous east/west traffic flow at a nominal rate of 25-30 mph which should reduce the 85th percentile speed and allow time on the red light cycle for reasonable time to enter and exit driveways, for pedestrian crossing, and safe reentry into or crossing Embarcadero Road at nonsignaled controlled streets. Speeding and red light running would be reduced as motorists realized that the timing cycle could not be beat between lights. Unfortunately, the solution to the truck problem, as evidenced by the recent checkpoint experience, required frequent and strict enforcement. Many of the residents were capable and willing to help in the efforts to solve a common problem in the City. Margaret Feuer, 1310 University Avenue, said the Crescent Park Neighborhood Association (CPNA) supported the recommendation before the Council. CPNA believed that relief for the people who lived on residential arterials was long overdue. CPNA wanted specific funding for all of the streets to be discussed either as a part of the CIP allocation or as part of the Comprehensive Plan (the Plan). CPNA asked for assurance that a specific plan with a specific timeline and allocation of funds would be done for all four residential arterials. She felt a budget amendment for a study that began immediately was the best way to begin the process (letter on file in the City Clerk's Office). George Young, 981 Embarcadero Road, strongly concurred with the proposal to study the physical character and feel of Embarcadero Road. As the most direct artery from Highway 101 to Stanford University and the Downtown, its deceptive straightness and width hid many dangers, especially to local pedestrians, residents, and cross traffic. He felt the dangers would be magnified if the speed limit were raised. The Embarcadero Road traffic volume would continue to grow, especially with the new developments planned at Stanford University and El Camino Real, and the residents hoped the City would assist and encourage Stanford and Menlo Park to improve access to other traffic arteries. In the meantime, traffic enforcement should not be relaxed, and he welcomed the increased measures taken by the Police Department recently to make Embarcadero Road safer. The motorcycle police officers would also make drivers more law-abiding. The City's best protection was to have a reputation among drivers for strict law enforcement, and he commended the efforts of the Police Department and the Council to build and maintain that reputation. Steve Geiger, 780 Embarcadero Road, supported the proposal. He pointed out that residents could not back out onto a high speed road and the left turns would be very dangerous. He felt the feel of the road should be changed and that it was more important than speed limit signs. Constant police enforcement of speed and weight limits could not be expected in the future years since changing priorities might move the police officers to more important places. Embarcadero Road should be the first example of
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how to fix the residential arterials because it was the only four-lane direct exit road from Highway 101 that led to Stanford University, many residences, and several schools. Yoriko Kishimoto, 251 Embarcadero Road, thanked the Council for its attempt to improve the safety and residential qualities of Embarcadero Road. The residential arterial had about 120 driveways to single-family homes, and the street had violated state and federal standards for air and noise pollution and had created safety hazards for families and neighbors. The proposal would take the City in the right direction. She understood from a police officer that there had been 140 reported or injury accidents over a 24-month period of 1992-1994 on Embarcadero Road. She agreed the first programs for residential arterials under the new Comprehensive Plan should include a funding mechanism for residential arterials as well as local collector streets. She hoped the program would not be substituted for the badly needed citywide transportation and traffic plan. She asked the Council and the staff to shepherd the process forward so that final recommendations were funded and accepted by all parties and that there would be citizen participation on an ongoing basis. The Transportation Subcommittee of Comprehensive Plan Advisory Committee (CPAC) agreed that the most important area to improve was the funding structure and framework to provide necessary investment levels to provide for the transportation infrastructure. Irvin Dawid, 3886 LaDonna Avenue, agreed with Council Member Rosenbaum that the issue was about behavior, not volume. He was concerned about lanes being narrowed which would create a more hazardous condition for bicyclists. Bicyclists used Embarcadero Road and advocated wide curve lanes. Reducing the lanes to three would eliminate the speeding problem. It was a win-win situation when the traffic did not move quickly. Other ways should be considered to get people from point A to point B besides finding out which road to use. He hoped the Council would look at other long-range issues and prioritizing the needs of the roads. MOTION: Council Member Fazzino moved, seconded by Kniss, to direct staff to explore alternatives to change the character and feel of Embarcadero Road so that the roadway is consistent with the residential areas adjoining it. Further, given the complexity and cost, such as plan needs to be brought to the Council as a Capital Improvement Project (CIP) and that the City Manager include the 1997 CIP as a three- to five-year Embarcadero Road project. Council Member Fazzino was open to suggestions by his colleagues regarding appropriate ways for the Council and the neighborhood to become involved early in the study process. His primary intent was to move forward and for the Council to have a proposal before it so that action could be taken at that time. Council Member Kniss urged her colleagues to support the proposal. Council Member Rosenbaum asked whether Council Member Fazzino was content to wait until the 1997-1998 CIP instead of the 1996-1997
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CIP. Council Member Fazzino said the original intent was for a 1996-1997 CIP so the Council would have a proposal before it as quickly as possible. The City Manager was concerned about the timing. One way to address the issue was to bring some issues before the Council for discussion and action prior to an item appearing in the 1997 CIP. SUBSTITUTE MOTION: Council Member Rosenbaum moved, seconded by Andersen, that the City Council direct the staff to explore alternatives for physical configurations of streets classified as residential arterials in the Draft Comprehensive Plan with the goal of reducing traffic speeds. Initial emphasis should be placed on Embarcadero Road. Council Member Fazzino clarified the substitute motion would allow the staff to bring the issue back to the Council in the form of a CIP or in another form that staff deemed appropriate. Council Member Rosenbaum assumed staff would return to the Council with a recommendation for a study with the associated Budget Amendment Ordinance to explore that issue. At the end of the study, there would be a number of alternatives, i.e., the cost associated with the issue, estimates of the impact on traffic. At that point, the Council would make a decision as to whether or not it wanted to proceed with a CIP. Council Member Fazzino asked how such an approach would impact the Council's ability to have something before it prior to the 1997 CIP and whether it would slow the process down by moving in that direction. Ms. Fleming did not believe the process would be slowed down by that approach because she would be unable to consider a CIP until after staff had accomplished the proposal by Council Member Rosenbaum that directed staff to do a study and then a plan. Staff had to do what Council Member Rosenbaum asked for before it could get to the point that the Council wanted. There might be other things that delayed the process, but it would not be delayed by the proposal presented by Council Member Rosenbaum. Mayor Simitian asked whether the study in connection with multiple arterials would be completed before June 30, 1996, the end of the fiscal year and the time of the two-year budget which included the second year of the CIP. Ms. Fleming understood the Council's priorities but did not want to commit that evening that the study would be done before June 30, 1996. The goal would be to complete the study so that she would have the information as she reviewed the budget for the 1997-1998 CIP. She would keep the Council informed regarding staff's progress. Council Member Kniss asked how many arterials would be included in the study.
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Council Member Rosenbaum said there were four arterials--University Avenue, Embarcadero Road, Middlefield Road, and Charleston/ Arastradero. Council Member Kniss asked whether the areas were similar enough that the same suggestions could be used to mitigate the problem in each of the arterials. Ms. Fleming said each of the arterials were distinct, but staff would learn enough from any one of them to have it transferrable to the other arterials. Council Member Kniss asked whether it would slow the process down to include four arterials. Ms. Fleming believed it would not be prudent to include four arterials, even if there were a difference in time. In the long term, everyone benefitted from doing four arterials. Staff would return to the Council with the sequence of the proposed structure. Council Member Kniss said the substitute motion was different than the original proposal, and she wanted more information before moving forward. Other streets in the City had been mentioned previously that evening. She felt the substitute motion would eventually put the City in a position of looking at most of the streets in the City, which should be done. The issue that evening considered a particular street that had been troubled for a long period of time with the speed limit and a certain portion of the street. Council Member McCown reminded the Council that the CPAC and staff had spent a considerable amount of time during the previous years looking at the kinds of devices that were being discussed regarding the proposal, i.e., narrowing the street widths and through traffic lanes. She recalled when the Policy and Services (P&S) Committee considered Embarcadero Road, staff had developed some dollar figures regarding the cost of bulb-outs, planting areas, or median areas for an Embarcadero Road-type project. She believed a lot of underlying groundwork had already been done in the area. Either assignment would move the topic forward quickly. The plus side of the substitute motion would invest the initial look into a way that would benefit a number of different arterials rather than starting with one arterial and then trying to figure out whether it was translatable to others. The Council should consider some of the suggestions made that evening on a number of different residential arterials. The Council also needed to figure out how to keep it on track and not lose the momentum that the motion had brought forward that evening. She agreed that Embarcadero Road was a high priority and that the stretch between Highway 101 and Newell Road was a very high priority and was unique in its opportunities. She supported the broader approach of the substitute motion but would also support the main motion if appropriate. The issue presented a challenge and an opportunity not only to the Council but the entire community because those kinds of concepts were not inexpensive. Millions of dollars could
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be spent and the City did not presently have a designated revenue source. Unfortunately, the City was affected locally by the constraints of a two-thirds vote to put a measure on the ballot and get it adopted for a specific set of improvements such as the proposal. She enlisted the future thinking and support of the neighbors that were concerned about Embarcadero Road and other arterials in the community that there might come a time when the Council would ask the entire community to collectively support a plan to raise some additional revenues to fund a 5-year or 10-year CIP. The Council needed to be responsible for the challenges and consequences of moving down that path. She predicted that the price tag on the smaller specific CIP for Embarcadero Road would be significant, and the price tag would be very significant if it were carried out on other residential arterials in the community. The City faced the same challenge locally that the region and the state did which was where to get the money to invest in the infrastructure. The system had created a lot of obstacles. Council Member Huber believed the two proposals could be blended together. The original proposal clearly focused on Embarcadero Road but the problems that existed elsewhere in the community had not been forgotten. A Council priority had been created to deal with traffic congestion, etc., and the proposal was a good thing to do. Council Member Rosenbaum was concerned with a predirection to a CIP, but he felt the City Manager understood the Council's priority to move forward with the issue. The memorandum recommended the City Manager consider whether or not there could be a CIP in 1997 or whenever depending upon her observations. Council Member Andersen clarified that he did not want the number of lanes reduced on Embarcadero Road. He supported the substitute motion and felt that the process would not take any longer. The neighbors were clear that it would not be a fast procedure, and other things could be done in the short term. The City had already taken several steps to alleviate some of the problems. He drove Embarcadero Road every day and had found that driving 25 mph was a fast way to slow the traffic down. He encouraged anyone that was interested in slowing the traffic down on any arterial to drive the speed limit. He commended Council Member McCown for reminding the Council that a large sum of money would be necessary for the Council to do the kind of infrastructure proposed which meant support from the broader community. In order for that to occur, the Council needed to begin discussion and recognize ways in which some kind of infrastructure improvement could be done that would benefit the entire community and would receive the two-thirds vote. Council Member Fazzino asked whether the substitute motion presumed that Embarcadero Road would be the first priority for consideration. Council Member Rosenbaum clarified that the final sentence of the substitute motion read "Initial emphasis should be placed on Embarcadero Road." Mayor Simitian understood that the substitute motion would direct
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the City Manager and staff to study the matter and return to the Council with a recommendation. The Council needed to consider how it would deal with a staff recommendation that the City was prepared to move forward on Embarcadero Road even though it was contrary to their professional recommendations that one of the other three arterials was an area in greater need or better suited to that kind of solution. Council Member Fazzino assumed staff would identify several changes which needed to occur on each arterial as it studied the arterials. The issues were generic arterial issues, and there-fore, would need to be approached citywide. At the same time, he was certain staff would identify some specific changes that would need to occur on each of the four arterials. In that context, the Council would consider Embarcadero Road first for implementation of the unique changes related to that area. Council Member Rosenbaum said generic changes might be made to all the residential arterials. If the Council decided on a program for any of the streets and it believed the result of making those changes was worth the cost, he proposed that Embarcadero Road be done first. It was a judgment call by the Council. The staff might make a different recommendation to the Council and the Council could change its mind. Council Member Fazzino said the clarification helped his decision and he would support the substitute motion. He originally was concerned that the concept might sink of its own weight given the need to address legitimate traffic issues on many City of Palo Alto streets. He agreed with Council Member McCown that the proposition would be very expensive and that was why he felt the CIP approach was the right direction. Several outstanding concepts had already been developed by staff and others, but he wanted to make certain that someone took the responsibility to begin the implementation of those outstanding ideas. Ms. Fleming clarified that staff would bring a report back to the Council and would indicate other measures that might work. Other suggestions had come to staff that it would continue to work on. She underscored Council Member McCown's comments that the proposal would be extremely expensive and that there were other infrastruc-tures and priorities that were also costly. Staff would continue implementing other things that were not as costly and it felt would work. It would not be the total solution, but the City would not be standing still until there was a Citywide proposal. Council Member Kniss hoped the Council was not trying to solve all the City's problems and henceforth solve none of them. She appreciated the direction of the substitute motion and would support the motion. She understood from staff that it would place some urgency on the issue. She agreed with Council Member McCown that the proposal would cost a great deal, but she did not believe traffic mitigation could be delayed simply because the Council was concerned about making it absolutely perfect and the costs would be extraordinary. A number of concerns had been raised during the Council's discussion of the Plan, but it would be another two
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years before the policies were put into place. The Council had attempted to deal with what the City had clearly identified as a major traffic problem. The City needed to be able to respond to other streets that clearly had a problem. However, the problem was traffic and there were mitigation measures that could be taken that would allow a certain amount of relief to particular areas without constantly changing the speed limits. She was comfortable that the City Manager had laid out a plan that would address the problem with a reasonable amount of speed. Council Member Schneider would support the substitute motion. Council had identified traffic as one of its priorities for 1996-1997. She wanted all of the arterials in the City to benefit from the study of Embarcadero Road. She was confident after hearing the City Manager's comments regarding the issues that had already been addressed, that everyone one would be able to see the benefits of proposal in the short term, not the long term. Mayor Simitian thanked the neighbors from Embarcadero Road for their presentation. It was clear to the Council that it was an important issue to them. The proposal before the Council that evening was a good exercise in how complicated the traffic issues in the City were. The Council Members who presented the proposal wanted to bring the problem on Embarcadero Road forward for action in the near future. The Council then became involved in a discussion about traffic throughout the entire City with much greater far reaching ramifications. He pointed out that even though the Council had discussed making traffic one of its primary issues during the next two years, the message to the public should be that the Council had not only made it a priority but had actually brought forward the issue as a priority item ahead of schedule. He felt that traffic was not that bad in most of Palo Alto but that did not mean there was not a serious traffic problem for a great number of people in the community. If a person went into the heart of most of the neighborhoods, traffic was modest and manageable. However, there was a real problem in certain selected areas of Palo Alto. The Council needed to think about where the traffic problems were as it discussed traffic during the remainder of the fiscal year and the following two fiscal years. Rather than discussing traffic as if it were an endemic problem throughout the entire community, the Council should be selective because there seemed to be some discomfort that evening about which areas should be chosen. The Council as policy makers were expected to figure out where the problem was and focus its attention and limited resources on the area that had the greatest problem. The substitute motion offered by Council Member Rosenbaum did that. An obvious problem was residential arterials because people had their homes on those streets in spite of the fact that the streets were designed to carry a large volume of cars. It made sense to focus the attention and the limited resources on residential arterials. The Council should not avoid, as it discussed traffic, that the problem was greater in some parts of the City than others and those were the areas that the City should put its limited time, attention, and resources. He suggested the reference to the Draft Comprehensive Plan in the substitute motion be replaced with the specific names of the
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streets. He also wanted a specific direction to staff to consider the aesthetic impact. If the aesthetics were properly done, acknowledging the cost ramifications, it could be an enhancement to Embarcadero Road or any other residential arterial, e.g., it could be the gateway into Palo Alto rather than an extension of a freeway off ramp. MAKER AND SECONDER AGREED TO INCORPORATE INTO THE MOTION that 1) the reference to the Draft Comprehensive Plan be replaced with the specific names of the streets classified as residential arterials (University, Middlefield, Charleston/Arastradero, and Embarcadero); and 2) consideration be given to aesthetic concerns. SUBSTITUTE MOTION PASSED 8-0, Wheeler absent. RECESS TO CLOSED SESSION: 9:15 P.M. - 9:47 P.M. The City Council met in Closed Session to discuss matters involving real property negotiator as described in Item No. 2A. Mayor Simitian announced that no reportable action was taken on Agenda Item No. 2A. UNFINISHED BUSINESS 3. Audit of Contract Administration (continued from 10/16/95) City Auditor Bill Vinson said the audit of the City's contract administration before the Council that evening focused on contracts over $25,000 and did not include examining contract payments, change orders, or purchase order procurement. Those areas had been included in the 1995-96 audit plan. The work included the City's processing of 24 contracts. The contracts totalled $8,974,000 which represented 23 percent of the total contract dollars processed during the previous two years. Based on the results, staff concluded that the internal controls and procedures surrounding the City's processing of contracts were inadequate. The conclusion was based on the serious lack of compliance with City contracting policies and procedures. Staff found that 23 of the 24 contracts sampled were not processed according to those policies and procedures, that sole source purchases were not property justified, prices quotes were not always obtained, and evaluations of bid responses were not property documented. In some instances, there was no documentation to support the contract of work decision; and in other instances, the results of background checks and inquiries regarding past performance were not recorded as part of the bid evaluation process. Staff found the negotiated changes to the scope of services were not clearly described, and property priced or documented. Also, the contract information reported to the City Council was incomplete. Staff reports (CMRs) did not always indicate that a contract was a sole source agreement, the number of requests sent out, the number of bids received, or reasons for low bid responses. The City processed over $20 million in contracts annually. A competitive contract process helped to ensure that the City was receiving the highest quality of goods
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and services at the lowest possible costs. Proper internal controls were essential to the process. The audit provided the City Manager and her staff with recommendations designed to improve the controls and management and oversight of the City's contracting process. Purchasing was a vital function to the City, and in addition to the before mentioned compliance issues, the roles and responsibilities of that function needed to be more clearly defined. He believed the City Manager was taking action to elevate the department within the organization and correct the deficiencies presented in the audit. Mayor Simitian said the City Manager's response indicated that a number of actions had already taken place in an effort to respond to the City Auditor's recommendations. He asked whether there were two or three areas where the City Manager and her staff had a different view of the issues than the City Auditor. Mr. Vinson said the importance of the bid tabulation sheets was the only area of disagreement in the management response. Many of the responses indicated that the City would be going through an evaluation process to look at the recommendations. He looked forward to the specific actions that would be taken as a result of that evaluation. He felt strongly about the recommendation that individual information that was brought in by the prospective bidders be recorded on the bid tabulation sheets by the Purchasing Manager. Mayor Simitian asked whether there was any particular area, other than the bid tabulation sheet issue that had been highlighted, that the City Manager and her staff felt there was a significant difference of opinion. He was particularly concerned about places where the City Manager or her staff concluded that the recommenda-tion of the City Auditor should not be followed. The response to some areas was that staff wanted to look at the area and then respond after it had more information. Deputy City Manager/Director of Administrative Services Emily Harrison said the only area where there might be some differences was the findings. Staff agreed with the City Auditor's recommendations but might come to the same place from different ways. All of the recommendations were valid and presented staff with an opportunity to make some real improvements. Mayor Simitian said there was reference to the use of a standard-ized CMR form for reporting bids to the Council by the end of 1995 so that Council had the information it needed to take action. Ms. Harrison said one of goals in reorganizing the purchasing process would be for the purchasing function to have more leader-ship role; and as part of that function, the Purchasing Department would become more involved in the preparation of CMRs that awarded contracts. Staff hoped to standardize that presentation to the Council so that the Council received the information in the same way from each department. City Manager June Fleming agreed with the intent of the
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recommendation but did not agree with the way in which the City Auditor had recommended that the Council get the information. She would not ignore the intent which was to have the Purchasing Department sign off or review the CMR before it came to the Council, but she did not choose to have the CMRs signed by the Purchasing Manager. Mayor Simitian said his reference was to the information that at various times the Council had asked for. The information was presently being provided more frequently, and the Council received the full range of bidders, the dollar amounts of the bids when there was a negotiated Request for Proposal, and some rationale for why one bidder or proposal was chosen over another. He understood that by the end of 1995 there would be standard format in place so all the information would be routinely before the Council. Ms. Fleming said that information would be incorporated into the standard format of the CMRs. Council Member Fazzino referred to page 2 of the City Manager's response that indicated that staff agreed "to expand the distribu-tion of the purchasing policies and procedures...will continue to work with the City Attorney's office to train departments..." He was concerned that there was a heavier emphasis on distribution of materials rather than an emphasis on training the appropriate people to implement the City's contracting policies in an appropriate manner. Assistant Director of Administrative Services Melissa Cavallo said that was not the intent. The finding focused on the procedures, but the intent was that the training would be more important than the guidelines. Council Member Fazzino referred to the sole source contracts on page 3 of the City Manager's response which suggested that the Purchasing Manager and City Manager would continue to review all sole source purchase justifications. He asked what was the current practice and what was staff's response to the City Auditor's conclusion in that area. Ms. Cavallo said when the audit began, staff put into place better standard procedures for sole sources and improving the justifica-tion. Council Member Fazzino asked for staff to quantify the change over from the previous year. Ms. Cavallo replied to standardize the justification, the depart-ments filled out a standard work sheet when they had a sole source. The form indicated why there was a need to sole source, what had been done to look at the competitiveness of pricing, and if there were truly any other contractors or suppliers that could supply that particular product or service. Council Member Fazzino asked what percentage of sole source
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justifications were reviewed previously. Ms. Cavallo said all sole source justifications were presently being reviewed. In the past, sole sources were reviewed, but the process was informal and the justifications were not always written down. Council Member Andersen referred to Recommendation No. 4, under Section C. Bid Evaluations and Contract Pricing, which dealt with contingency amounts. He understood there was a great deal of variation in the contingency amounts requested and that staff was presently moving forward with an established standard. He asked about the progress on the establishment of those standards for contingency funds and when would the standard be in place. Ms. Cavallo said an intern from the Utilities Department was presently working with the Administrative Services Department to help draft new improved guidelines and part of that was working on standards. Staff had committed to have a draft in place of the entire guidelines with the standards by March 1996 and finalized by June 1996. Council Member Andersen said Council had not received an indication after the fact of the amounts actually spent with respect to the contingency amounts. He asked what was presently happening to the contingency and what would be different in the future. He believed a contingency account was based on an emergency that was not part of the bid. Ms. Harrison said contingencies were usually prepared for uncer-tainties. If the situation were very uncertain, the contract would want a larger contingency. For example, when the City was in the early phases of a major capital project, more contingency was put place because of the uncertainty of situation. As the project moved forward, a smaller contingency was required. The guidelines would have to address that degree of uncertainty which could vary from contract to contract or within a project from phase to phase. There would probably still be some need for flexibility within those guidelines depending on the project. Council Member Andersen was concerned that it was an area for potential abuse. He wanted to know how that situation might be addressed when the standards were put in place and whether the Council should look at the contingency expenditures in the future. Ms. Fleming said all cities had major projects that had contingencies and staff would review their guidelines to develop the City's guidelines. Once the guidelines were in place, anytime there was a request to exceed the amount, it would have to be carefully documented and reviewed. Staff could present the guidelines to the Council if desired. Council Member Andersen said 12 of the 24 contracts required contingency funds in a range of 9 to 20 percent which he believed was dramatic. He asked for an explanation of the 24 contracts that were sampled.
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Mr. Vinson said the contracts were sampled on a judgmental basis. The focus was on contracts over $25,000, and staff tried to get a broad range of contract activities and looked at a variety of departments. The issue of contingency payments would be part of the contract payment audit. Recommendation No. 2 was about how staff established the contingencies and what contingencies were brought forward to the Council. Mayor Simitian clarified that issue would be part of a follow-up audit. Mr. Vinson said that was correct. Council Member Kniss referred to page 15, Item No. 2, Contract information reported to the City Council was incomplete, of the audit report, and she asked whether there was a problem with issue of potential contract irregularities such as rotating bids situa-tions. The audit report indicated that keeping a list would make a difference. Mr. Vinson said the list would be one tool that the Purchasing Manager could use to identify trends but it was not the only tool available. Since a list was not presently being done, there could be potential problems, but he did not believe a problem presently existed. The control would allow the Purchasing Manager to raise the question with the department head if it appeared a specific vendor were shown favoritism. It was a required control from a monitoring oversight position. Council Member Kniss said she had heard comments from some people in the community who felt that contractors who did business in Palo Alto increased their prices, and she asked for the City Auditor's response regarding such comments. Mr. Vinson said the recommendations were provided to ensure that there was a competitive process to reduce the potential for that situation. If every potential bidder came to Palo Alto with the same mind set, the City might want to consider what other cities were paying for similar services. One recommendation suggested background checks and follow-up on the experience of other communities which would identify inconsistencies in the prices. Ms. Fleming said the comments were valid, and there were ways to reduce the price. She said in addition to the recommendation in the audit report, staff needed to review the way the City did business and its ability to negotiate prices which had not been done. Staff realized that there were things that needed to be done, some of which were not addressed in the report because it was not within the scope of the audit report. Those areas would be included in the plan that was presented to the Council. Council Member Kniss said the report did not specifically mention potential savings; and she asked whether there was an understanding that if the City did business a different way, the City would realize some savings or more for its contract dollar
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than previously. Ms. Fleming said staff expected the plan presented to the Council to show cost savings and financial efficiencies. Mr. Vinson said the audit was control based and it was difficult to determine what would have happened if the internal controls had been in place. The City contracts were over $20 million annually, and the City Manager's assessment that there should be savings as a result of the plan were accurate. Mayor Simitian said the City Manager's response indicated a number of items that were under consideration by her and her staff, and he asked how the Council would track the progress made on those various items. Ms. Fleming said the Council would be able to track the items in the audit report when staff brought back the plan to the Council during the budget process. Council Member Andersen thanked the City Auditor and the City Manager for their cooperation in providing the Council with a quality analysis of an area that definitely needed attention. Mayor Simitian agreed with the comments of Council Member Andersen. He said the way in which the staff responded to the audit reflected that the best organization in the world could find ways to improve. He believed the City Auditor's comments regarding the area of sole sourcing was well taken. It was too easy in any organization for people to get comfortable with using the same people. The audit report made a good case for additional rigor in terms of analyzing when the City needed to sole source and the circumstances under which the City missed the opportunity to have a competitive bid situation. When the City went to sole sourcing, the rationale needed to be clear and be something more than the fact that the bidder had been successfully used in the past. He was also concerned about the information given to the Council. When he first raised the issue, it was a source of frustration to staff and the Council, but the way the City spent $20 million annually was a policy decision. An item was on the Council's agenda because the law stated it was the Council's obligation to make the determination that it was appropriate use of public funds. The information provided the Council with the basis to ask additional questions. Part of the theme that ran through the audit report was that if there were no process by which the information were provided, then the questions that should have been asked were not asked and the information and concerns that should have been raised were not. It was important that there was a process that brought the City Manager's report to the Council with all of the information in place. The information should indicate why the City did not accept the lowest bid on a negotiated contract. He took very seriously the suggestions that the Council should have the information brought to it in a way that was useful. He said there were two sets of issues raised regarding the number of bids received. One issue dealt with timing of the number of bids received. The audit report reached
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the conclusion that if there were a mandatory bid conference five days after the bid requests were sent out or if the bid request were sent with a very tight time line or legal minimum in order for people to respond, the City would not get the greatest possible number of bids and the process designed to give the City the lowest possible price would not work. He wanted the issue of timing reviewed carefully to make sure the City was doing every-thing it could to encourage the greatest number of bidders. He believed the timing issue was also very important to avoid fraud. There was no evidence that suggested that had ever happened in Palo Alto, but if the City wanted to eliminate the potential for bidder favoritism, the City needed to be careful about bid times. The issue of providing bid lists also related to getting the maximum number of bidders. In order for the City to make sure it had the maximum number of bidders at the lowest possible price, it had to make sure that the bid request went out to everyone and that everyone had been given as much time as possible to be part of the bid process. Hopefully, the City would not be in a situation often when there was only one or two contractors bidding on fairly significant projects. He looked forward to the follow-up audits on purchase orders and contract cost overruns. No action required. MOTION: Mayor Simitian moved, seconded by Kniss, to combine Item Nos. 5A and 5B for the purpose of discussion. MOTION PASSED 8-0, Wheeler absent. 5A. PUBLIC HEARING: Adoption of the 1994 Editions of the Uniform Plumbing Code, Uniform Building Code, Uniform Mechanical Code, Uniform Housing Code, and the 1993 National Electrical Code; and Streamlining Revisions to the Sign and Fence Ordinances. 5B. Adoption of the 1994 Edition of the Uniform Fire Code Chief Building Official Fred Herman said before the Council that evening was proposed ordinances that adopted the latest editions of the uniform codes. In addition, staff recommended a few changes to existing ordinances as part of the City's permit streamlining effort. He pointed out a conflict between the staff report (CMR:497:95) and Uniform Building Code ordinance. Due to an issue raised by the City Attorney's Office, the proposed building permit fee increase discussed on page 4 of the staff report would not be implemented by Council action that evening. The fee change would return to the Council as an amendment to the Municipal Fee Schedule. Palo Alto participated in a Silicon Valley effort to adopt uniform nonadministrative code amendments, and 28 jurisdictions came together and eliminated in excess of 400 unnecessary or redundant local amendments. The effort was sponsored by a Joint Venture Silicon Valley, Santa Clara Valley Manufacturing Group, and Peninsula Chapter of the International Conference of Building Officials. The associations were continuing to meet for the purpose of developing uniform interpre-tations of the model codes. The Uniform Code Committee (UCC)
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endorsed 13 amendments to the model codes. The participating cities varied on which amendments, if any, would be adopted. Each amendment must be accompanied by a finding based on local climatic, geologic, or topographic conditions. The staff report detailed which amendments staff did not recommend for adoption, and the two amendments regarding termination of condensate drains were in conflict due to the City's Regional Water Quality Control Plant requirements. The proposed code amendments were also discussed with Customer Working Panel as part of the permit streamlining project. Staff recommended the Council eliminate an existing code amendment that required a building permit be issued prior to receiving a demolition permit for a building last used for residential purposes. Staff also recommended changes to the Palo Alto Municipal Code (PAMC) that would eliminate the requirement for a permanent sign for a fence permit. The deletions would not change the sign or fence regulations or enforcement programs. Fire Chief Ruben Grijalva said the proposed ordinance adopting the Uniform Code before the Council that evening had undergone some significant review. The model code was a consensus document developed after many public hearings. The Santa Clara Fire Chiefs Association had worked to streamline and standardize local amendments where possible. The result was the deletion of 109 local amendments without compromised public safety. In the local review and outreach process, Fire Department staff met with a representative group of the local community, the Customer Working Panel of the permit streamlining committee, and Tanya Cantrell, chairperson of the Disability Awareness Task Force. With the exception of a letter received from Craig French, Keenan Land Company, dated November 20, 1995, related to elevator car size, all persons contacted supported the proposed changes. The local amendments included four code amendments that represented policy implication, three amendments were new and one had been adopted previously. City Manager June Fleming said not only had the staff but the city managers in Santa Clara County (the County) had taken seriously the message received from all Councils about streamlining the consistencies in the uniform code. The proposals before the Council had also been reviewed by the city managers of the County who were able to recommend more consistency, and therefore, less streamlining than previously recommended. Council Member McCown referred to the subject of the elevator size, and the statement from the Fire Chief that it would be a unique requirement for Palo Alto and would have an implication for construction costs for buildings. She asked for an estimate of what the impact would be and the kind of projects that would be affected by the requirement. Mr. Grijalva said the requirement had been in the two previous adoptions of the Uniform Fire Code, including 1988 and 1991. Only the buildings that were required to have elevators by the Building Code were required to make sure that the size was able to accommo-date an elevator gurney. From staff's previous experience, it
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added approximately $5,000 to $10,000 to the cost of the project. Council Member McCown said the letter from Mr. French suggested that developers or designers might not understand the requirement until late in the process. She asked whether there had been a problem in the past where people had not been aware of the requirement early in the process that a larger elevator car was required for buildings in Palo Alto. Fire Marshal Philip Constantino said the elevator size requirements were identified during the plan review process of building submittal. The ordinance had been in effect for a number of years, but a newsletter could be mailed to architects and engineers in the area that would educate them on the requirement. Mr. Grijalva said the requirement was for buildings of significant size. Even though the ordinance had been in place since 1988, there had not been a significant impact in terms of the number of new buildings that required elevators. Council Member McCown asked whether the new provision that would give the Fire Department the authority to require that plans being submitted to be compatible with incorporation in the City's GIS. She clarified the requirement would apply to new construction of two-story buildings or buildings over 15,000 square feet. Mr. Grijalva said that was correct. The provision would apply to new construction over two stories or over 15,000 square feet, which were currently the buildings that the Fire Department targeted for developing prefire surveys for. A contractor was currently hired to draw key elements of the building, i.e., the floor plans, Fire Department connections, hydrant locations. Council Member McCown asked how significant was the change between the plans that would be required to make the plans GIS compatible versus the plans that were previously submitted. Mr. Grijalva said the change was not significant. The plans that were currently submitted were already drawn by a computer assisted design program and it might be one or two layers of information specifically relating to exiting of the building, floor plan layout, etc. The Fire Department would add, after receipt of the plan locations, hazardous materials, toxic gases, and key fire protection components. Council Member Andersen was interested in the objective to be able to more rapidly facilitate some of the services that the Building Department provided. He referred to page 4 of the staff report (CMR:497:95) and the three items recommended by the Customer Working Panel, and he asked whether the recommendation would not go into effect until the Council had approved the fee increases. Mr. Herman said the three items would have to go through the City Manager's Office for recommendation and as part of the budget process unless it was brought up as an individual item. The fees would be looked at in the building inspection arena as full cost
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recovery. Council Member Andersen asked how the recommendations would be approved and whether the items would not move forward until the next fiscal year if the Council did not approve the fee increases that evening. Ms. Fleming said the entire streamlining proposal might not be ready before the budget process. The Council's action that evening did not send a message to her that the Council was not supportive of those objectives being achieved. Council Member Andersen said the objectives referenced were not the only items that had a cost involved. He asked whether implementation of the items would have to wait until the next budget cycle. Mr. Herman said it was staff's intent to include the items in the budget cycle. The items could be brought back as separate issues under permit streamlining. A Budget Amendment Ordinance (BAO) would be necessary, and staff had not discussed the implementation in great detail. Council Member Andersen asked whether the items could be implemented quickly if the Council approved a BAO and whether immediate implementation would create any problems. Mr. Fleming said the committee had not completed all of its work so the answer was unknown that evening. The three specific items recommended were related to other things that staff needed to do. She understood and supported moving forward with the issues as quickly as possible but all the information was not available at the present time. Mr. Herman clarified the recommendations listed were from the Customer Working Panel, not from the staff at the present time. Mayor Simitian declared the Public Hearing open. Tanya Cantrell, chairperson of the Disability Awareness Task Force, 861 Sharon Court, said the Disability Awareness Task Force (DATF) was responsible for improving the quality of life for disabled residents and visitors to Palo Alto. On behalf of the DATF, she expressed support for continuing the City's fire code standards with respect to elevator construction in new buildings. The City's elevator size requirements slightly exceeded both state and federal standards; and during an emergency, the dimensions could only enhance the Fire Department's ability to safely and expeditiously evacuate people on gurneys as well as people who used wheelchairs or scooters. The larger elevator size requirement not only supported today's larger size gurneys but would also place the City in a unique position of already having the ability to accommodate even larger size gurneys in the future should that be forthcoming. DATF endorsed the retention of the existing elevator requirements.
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Mayor Simitian declared the Public Hearing closed. Council Member Andersen commended the staff and the Customer Working Panel for their efforts to streamline the permit process. He also recognized the aggressive efforts by the Fire Department to clean up the vacant lots in the City. MOTION: Council Member McCown moved, seconded by Schneider, to adopt the Ordinances and findings. Ordinance 4303 entitled "Ordinance of the Council of the City of Palo Alto Adopting the 1994 Edition of the Uniform Plumbing Code and Amending Chapter 16.08 of the Palo Alto Municipal Code" (1st Reading 11/6/95, PASSED 9-0) Ordinance 4304 entitled "Ordinance of the Council of the City of Palo Alto Adopting the 1994 Editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Housing Code, and Appendix Chapter 1 of the Uniform Code for Building Conservation, Amending the Historic Building Code; Amending Chapter 16.04 of the Palo Alto Municipal Code; and Making Certain Findings with Respect Thereto" (1st Reading 11/6/95, PASSED 9-0) Ordinance 4305 entitled "Ordinance of the Council of the City of Palo Alto Amending Various Sections of the Palo Alto Municipal Code Relating to Permit Requirements" (1st Reading 11/6/95, PASSED 9-0) Ordinance 4306 entitled "Ordinance of the Council of the City of Palo Alto Adopting the 1993 Edition of the National Electrical Code and Amending Chapter 16.16 of the Palo Alto Municipal Code" (1st Reading 11/6/95, PASSED 9-0) MOTION PASSED 8-0, Wheeler absent. MOTION: Council Member McCown moved, seconded by Schneider, to adopt the Ordinance and approve the Findings of Fact. Ordinance 4307 entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 15.04 of the Palo Alto Municipal Code Adopting the 1994 Edition of the Uniform Fire Code with Local Amendments" (1st Reading 11/6/95, PASSED 9-0) MOTION PASSED 8-0, Wheeler absent. ORDINANCES 7. Ordinance Amending the Budget for the Fiscal Year 1995-96 To Provide an Additional Appropriation For the Establishment of a Police Substation Police Chief Chris Durkin said in an effort to enhance the City's community policing efforts, staff recommended that the Council approve the expenditure of $21,500 to cover the one-time cost to
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open a police substation at the former Ventura School site. With Council approval, staff proposed that an existing vacant classroom would be made available for the police officers assigned to the south end of the City as a place to write reports, interview witnesses or victims, and make follow-up telephone calls. The substation could also be used as a accessible meeting location by the Police Department and the community. Staff anticipated that the police substation would initially be open to the public at least two hours per day, five days per week. Additional or new staffing would not be required as volunteers or community service officers would be used during the business hours of operation. Discussions have been held with residents of the area and representatives of Palo Alto Community Child Care (PACCC) who were very supportive of a police substation at the Ventura School site. The PACCC had agreed to provide the use of one vacant classroom without charge and in return the City would make some minor improvements to the facility. There would not be any exterior changes to the facility with the exception of some signage changes. Funds associated with the repairs were included in the Budget Amendment Ordinance request. After the initial setup, staff believed that the ongoing cost to support the substation would be approximately $500 per year. Staff also believed that the varied uses of the substation would increase the visibility of the police personnel in the neighborhood and provide for an opportunity for more police officers and neighborhoods to become better acquainted. Council Member Huber asked about the rotation of the hours that the substation would open. He asked how the neighborhood would be informed of the hours that the substation was open if the hours changed frequently. Assistant Police Chief Lynne Johnson said once the substation was open, the hours would be posted. Initially the substation would be open the same hours on Monday and Tuesday, but not the same hours for every weekday. Council Member Huber asked why the hours were so flexible. Ms. Johnson said members of the community expressed a need for one evening a week so that people could come after work. Also, the people in the neighborhood expressed a need for daytime hours Council Member Fazzino was concerned about the limited amount of time that the substation would be open. Two hours per day was not enough time to allow access by the community. He asked whether the staff felt comfortable that a prescribed two-hour period each day would give the community greater access to the Police Department. City Manager June Fleming said the City had not previously tried such a venture. The hours could be adjusted in the future if necessary. The intent was to open the substation without using additional staff. A similar concept was used in other cities when that type of operation was established. The hours in other cities were extremely flexible in the beginning, and after a pattern had
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developed in a neighborhood, the hours could change. The intent was to meet the community's needs with existing resources and allow time for more experience with that kind of program. Mr. Durkin said the program was designed to accommodate the community, not the Police Department. Staff would look at the community's needs in the future and make adjustments as necessary. Council Member Fazzino said the staff report (CMR:487:95) indicated that it would be an ideal location for police officers to write reports and be more accessible to the community. He asked what would encourage a police officer to change his/her schedule and write a report at the substation rather than going Downtown to the Police Department. Mr. Durkin said equipment would be available at the substation to write a report or make telephone calls rather than traveling to the Police Department Downtown. There would be less down time for a police officer to get to an office situation, and while the officer was there, he/she could speak with the public. Council Member Fazzino asked whether the substation would create additional time for police officers in the Ventura area. Ms. Johnson said additional time would not be created, but currently specific police officers were assigned to that neighbor-hood so it would enhance and foster the working relationship between the officers and the community members. Human Relations Commissioner Wynn Hausser, 451 West Meadow Drive, said he was representing the Human Relations Commission (HRC) and also he was a homeowner bordering the Ventura area. The HRC enthusiastically supported the proposal and felt it was a positive step to improve the relations between the Police Department and the community. He had studied other communities around the country that had enacted community policing policies and found that for the most part the policies built community relations, was a means of effective prevention, and allowed officers to be involved earlier in the process to keep crimes from happening. The proposal was an effective use of resources so that additional staff was not used at the present time. He did not believe the office alone would serve to foster the relationship, but a proactive approach by the Police Department and the community would. The police presence gave the neighborhood more of a community feel and a greater feeling of safety. Odile Disch-Bhadkamkar, 363 Matadero Avenue, said the proposal was a great deal for the money spent. South Palo Alto had become very large, and some situations arose that required high maintenance on the part of the Police Department. Reactive enforcement was very expensive, and one of the more productive ways to use resources was to maintain a small presence and be involved in the community. The proposal was great for the Ventura neighborhood and also for South Palo Alto at large. The Youth at Risk Program would benefit from more police presence and guidance. Community policing was more palatable than a curfew ordinance. She thanked the Council
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and City staff for continuing to listen to the residents of South Palo Alto and coming up with creative ways to bring resources to the area without spending more money. Bob Moss, 4010 Orme Street, representing the Barron Park Associa-tion (BPA), said BPA unanimously supported the proposal and hoped the Council would adopt it. BPA had been discussing the substation in South Palo Alto with the Police Department for approximately one year and felt it was an excellent opportunity for the police officers and the community to enhance communication. The decrease in gang activity in the Ventura area was due to the interaction between the Police Department, Youth at Risk Program, and the community. BPA felt over the long term that a better location for the substation would be along El Camino Real as a means of more visibility for the Police Department and more accessibility for the community. Mayor Simitian said it gave him a certain pleasure to be able to vote for the proposal since he had spoken about services in the neighborhood during his State of the City Address at the Ventura School site. He felt even better about the proposal since the Police Chief had asked the Council earlier in the year to vote against the federal funds. He felt it was worth $20,000 per year to have the visibility of police officers in their vehicles driving in and out of the neighborhood. MOTION: Council Member McCown moved, seconded by Andersen, to adopt the Ordinance. Ordinance 4308 entitled "Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1995-96 To Provide an Additional Appropriation For the Establishment of a Police Substation" MOTION PASSED 8-0, Wheeler absent. 8. Use of Attendant Lot by Seniors Utilizing Senior Coordinating Council Services and La Comida MOTION: Council Member McCown moved, seconded by Fazzino, to: 1) adopt the Resolution amending the parking zone map and the 1995-96 Municipal Fee Schedule related to the attendant lot; 2) approve the Budget Amendment Ordinance (BAO) that provides authorization for the parking validation process; and 3) postpone implementation of any general parking validation process until some experience can be obtained with the operation of the lot and the use by the users of the Senior Coordinating Council. Ordinance 4309 entitled "Ordinance of the Council of the City of Palo Alto Amending the Municipal Fee Schedule for the Fiscal Year 1995-96 to Authorize a Parking Validation Process" Resolution 7554 entitled "Resolution of the Council of the City of Palo Alto Amending the Parking Zone Map Related to Off-Street Attendant Parking"
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Irvin Dawid, 3886 LaDonna Avenue, congratulated the City on finally having paid parking in Palo Alto on a limited basis. He questioned that the City's goal was to operate on a break even basis and saw an upcoming battle with the validations. The merchants might provide free parking for everyone by purchasing the validations. He asked where the encouragement was to not drive a car. He said the seniors did an excellent job of lobbying on their behalf and would have designated spaces. He was not against cars but was against giving away a subsidy to the people who drove cars. Council Member Kniss asked how many spaces would be attendant parking. Assistant Police Chief Lynne Johnson said approximately 110 spaces which depended upon the final configuration and the designated spaces for use by the seniors. Council Member Kniss clarified approximately 25 percent would be designated for the seniors. Ms. Johnson said no. There were 25 spaces currently provided for the Senior Center and La Comida users behind the Senior Center which would remain in place. There would only be 10 designated spaces in the attendant lot. Council Member Kniss asked whether the spaces could be used by anyone else when the spaces were not being used by seniors. Ms. Johnson said the 10 spaces were specifically held during daytime hours Monday through Friday for users of the Senior Coordinating Council activities and La Camida. Council Member Kniss would support the proposal but had some concerns about it. Council Member McCown explained the Council had reviewed the issue previously and the proposal was held over for fine tuning by staff. She appreciated the staff's effort to work out a solution on the matter. City Attorney Ariel Calonne clarified the Budget Amendment Ordinance was the kind of budget amendment that required a simple majority vote. MOTION PASSED 8-0, Wheeler absent. ADJOURNMENT: The meeting adjourned at 11:10 p.m. in memory of William "Nifty" Niethammer, long-time community activist. ATTEST: APPROVED: City Clerk Mayor
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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 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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