HomeMy WebLinkAbout1997-12-16 City Council Summary Minutes Regular Meeting December 16, 1996 1. Resolution entitled "Resolution of the Council of the City of Palo Alto Commending the Outstanding Public Service of Joe Simitian as Mayor and Council Member"..................81-75 ORAL COMMUNICATIONS.........................................81-79 APPROVAL OF MINUTES of OCTOBER 15 AND 21, 1996 .............81-79 2. Renewal of Contract between the City of Palo Alto and First Health Strategies, Inc. for Dental Claims Administration Services...............................................81-79 3. Contract between the City of Palo Alto and CH2M Hill for Los Altos Treatment Plant Site Development Services - Phase II81-80 4. Contract between the City of Palo Alto and Electrotek Con-cepts, Inc. for Power Quality Consultant Services......81-80 5. Contract between the City of Palo Alto and A & A Construction for Police Department Security Improvements............81-80 7. Resolution 7639 entitled "Resolution of the Council of the City of Palo Alto Adopting Modifications to the Retirement Plan for the City's Hourly Employees; and Approving Execution of an Agreement with ICMA Retirement Corporation for Adminis-tration of the Plan....................................81-80 9. Compensation Plan for Firefighters.....................81-80 10. Ordinance 4392 entitled "Ordinance of the Council of the City of Palo Alto Amending Section 18.49.060 [CD District Regula-tions] of the Palo Alto Municipal Code and Adding Chapter 18.87 Regarding Transferable Development Rights".......81-80 11. Utilities Advisory Commission recommendation re Charitable Contribution Program (Project PLEDGE Proposal..........81-81 AGENDA CHANGES, ADDITIONS, AND DELETIONS....................81-81 11A. Conference with City Attorney-Potential/Anticipated Litigation 81-81
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11B. (Old Item No. 6) Approval of a Grant Agreement between the City of Palo Alto and the State of California Department of Transportation for Use of Petroleum Violation Escrow Account (PVEA) Funds for the Palo Alto Intermodal Transit Station, and Authorization of the City Manager to Execute the Grant Agreement..............................................81-81 12. Request for Approval to Complete Traffic and Engineering Surveys to Consider the Establishment of Radar Enforceable Speed Limits and Status Report on Related Strategies (contin-ued from 11/18/96).....................................81-82 13. PUBLIC HEARING: Resolution 7642 entitled "Resolution of the Council of the City of Palo Alto Ordering Weed Nuisance Abated"................................................81-84 14. PUBLIC HEARING: Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Accept a Block Grant from the United States Department of Justice Bureau of Justice Assistance for a Local Law Enforcement Program for the Police Department......................81-85 15. Planning Commission recommendation re the Draft Santa Clara Valley Water District Environmental Impact Report for Adobe Creek Water Shed Project...............................81-86 16. Resolution 7643 entitled "Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedule G-3 of the City of Palo Alto Utilities Rates and Charges Pertaining to Non-Core Natural Gas Service"..........................81-95 17. Fourth Amendment to County Agreement between Santa Clara County and City of Palo Alto for Abatement of WeedsCity Manager June Fleming made a correction on page 1 of the staff report (CMR:485:96), striking "or her designee" in the Recommendation.........................................81-96 18. Alma Street Bicycle Bridge.............................81-96 19. Approval of a Proposed Interim Connection and Conditions Proposed by the Palo Alto Unified School District for Prepara-tion of an Easement Agreement Between the City of Palo Alto and the School District, for the Embarcadero Pedestrian Bike Path Project (CIP 19310)...............................81-98 20. Mayor Wheeler re Cancellation of the December 23, 1996, City Council Meeting.......................................81-102 21. Council Comments, Questions, and Announcements........81-103 ADJOURNMENT: The meeting adjourned at 11:03 p.m............81-103
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:12 p.m. PRESENT: Andersen, Fazzino, Huber, Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler SPECIAL ORDERS OF THE DAY 1. Resolution entitled "Resolution of the Council of the City of Palo Alto Commending the Outstanding Public Service of Joe Simitian as Mayor and Council Member" MOTION: Council Member Fazzino moved, seconded by Kniss, to adopt the Resolution. Resolution 7638 entitled "Resolution of the Council of the City of Palo Alto Commending the Outstanding Public Service of Joe Simitian as Mayor and Council Member" MOTION PASSED 8-0-1, Simitian "abstaining." Congresswoman Anna Eshoo paid tribute to Council Member Simitian, calling him a true "son" of Palo Alto. Palo Alto had given him a great deal which had remained with him and as an adult he had continued to give back to the community. The passion with which he had served on the Palo Alto School Board had been brought to the Palo Alto City Council where he had served as a Council Member, Vice Mayor, and Mayor. He had been known for his wit and summary of expression, his intellectual property which was considerable, and as an elected official who paid much attention to detail, never forgetting that he answered directly to the people. Former President John F. Kennedy (JFK) had lauded the importance of public service and had stated that one of the most compelling things an individual could do with his/her life was to consume themselves in service to the public. Council Member Simitian had done that for Palo Alto. He now moved on from the City to the county level and the County of Santa Clara was fortunate in the education Council Member Simitian would bring from Palo Alto. He would give great service at the county level. No one could do his/her job very well without great friends and colleagues. Tribute was paid to Council Member Simitian's colleagues for the service he had given to Palo Alto as it would not have been possible without their support and affection. Council Member Simitian was a great source of pride and he would continue to carry the great tradition of public service of which JFK had spoken. The community was grateful for his part in helping to build Palo Alto which ultimately helped toward building the nation as well. She presented Council Member Simitian with a resolution. Mike Potter, representing Assemblyman Byron Sher and Assemblyman Ted Lempert, presented a resolution to Council Member Simitian from the California State Legislature.
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Council Member Kniss said she and Council Member Simitian had served together since 1985. A great many pieces of the superviso-rial job would mesh well with Council Member Simitian's former eight years with the Palo Alto School Board. Council Member Simitian's service on the Council had been exemplary and in four years he served as Vice Mayor and Mayor. Two of his major accomplishments included work on the Management Audit and the Alma Street Single Room Occupancy (SRO). Some time had passed since someone from Palo Alto had served at the county level, and it would be a privilege to have Council Member Simitian in that role. Council Member Simitian had done an outstanding job for the City and would continue to represent Palo Alto well at the county level. Council Member Schneider said Council Member Simitian had made all of his colleagues feel proud and look good. Council Member Fazzino had known Council Member Simitian since they were 14 years of age and he had always admired his leadership. At age 14, Council Member Simitian had begun a campaign for a Palo Alto Teen Center and, after a 28 year struggle and while Mayor, had opened the Palo Alto Teen Center. Neither the Alma Street SRO or the Teen Center would have been a reality without Council Member Simitian's leadership. The emphasis on long-term infrastructure maintenance would not be a propriety over the past two years. He would be missed. Council Member Simitian would do an excellent job for the County. He would be the fifth Palo Altan to serve on the County Board of Supervisors since the turn of the Century. Mayor Charles Cooley had served in the 1920s, Mayor Walt Gaspar in the late 1940s, Bud Hubbard in the 1950s, Becky Morgan in the late 1970s and early 1980s, all of which was a great tradition for leaders of Palo Alto to follow. Council Member Simitian would provide as much service and leadership at the county level as he had at the city level. Council Member Andersen said in addition to Council Member Simitian's great leadership, in the rare occasions when Council Member Simitian had been in the minority, his articulate expression of what was behind his taking the nonprevailing position always made the minority position a more important consideration. Council Member Simitian would bring tremendous leadership to the county. Council Member Rosenbaum regarded county government the most difficult, especially in relation to problems which tended toward the intractable, e.g., the judiciary, health care, jails, welfare, etc. Council Member Simitian's willingness to undertake such problems was appreciated. Vice Mayor Huber had campaigned with Council Member Simitian in 1991 and had found him an engaging individual, well deserving of the votes Palo Alto citizens had given him. After watching and working with Council Member Simitian over the past five years, he
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had come to believe him to be a super student of government. Council Member Simitian worked in a manner citizens needed and would serve the county well. From a personal perspective, Council Member Simitian had been an excellent colleague and had become a good friend. Mayor Wheeler had campaigned with Council Member Simitian in 1991 as well. After having served with Council Member Simitian for five years, she would describe him as extremely creative, demonstrated in the Alma Street SRO project, the Senior Coordinating Council, construction of the Hamilton project, etc. Council Member Simitian's courage had become apparent during times he was on the minority side of a vote, having an assurance of the positions he had taken and not being afraid to enunciate his reasons why. Council Member Simitian was also focused, choosing issues which were important which he pursued with tenacity. On most occasions, the result had been in keeping with what he had aimed to do. She had always hated being on the opposite end of a discussion or debate from Council Member Simitian, even if she knew he was wrong and she was right, she also knew Council Member Simitian would make his wrong arguments sound very good. Council Member Simitian would be missed, but she knew Palo Alto would continue to have his support and friendship and he would remain accessible to Palo Alto, bringing a keen understanding of the community and its needs with him. She presented the Resolution to Council Member Simitian.
Council Member Simitian said the temptation after five years of service on Palo Alto's City Council and eight years on the Palo Alto School Board was to share the wisdom and lessons with his colleagues and the community. The wisdom and knowledge he had achieved could best be demonstrated, however, by resisting the temptation and simply expressing thanks to his colleagues, Congresswoman Anna Eshoo, Assemblymen Byron Sher and Ted Lempert who had been kind enough to send kind words, and City staff with whom he had worked. Staff often worked in a less visible way than many who pursued public service through elected office, but there were many dedicated people doing excellent work on a daily basis who truly believed in public service as much as others who served in a different way. Working with some of the very best staff in the City had been his pleasure. The far too generous and kind words of his colleagues reflected even better on his colleagues than himself. The earlier comments by Congresswoman Eshoo about collegiality which was the hallmark of the Council and the community were absolutely on point. Not one person with whom he had served had failed to evoke affection and regard. Not every local official along the Peninsula could say the same. He had learned from and valued each of his colleagues. Most importantly he recognized the contribution the City and community had made to his public service and, while it had become fashionable for elected officials at every level of government to complain about the rigors of public service and the sacrifices public officials were obliged
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to make, and while there might be some legitimacy to the com-plaints, from his 13 years of experience in the community he could easily say the satisfactions far outweighed any of the disappoint-ments or regrets. Palo Alto valued public service, so his thanks included the community which had allowed him to serve in a variety of ways for 13 years. The community rewarded and respected public service, and allowed a good knock-down, drag-out fight with some sense of civility, good will and sense of fair play of which everyone in the community could justifiably be proud and he hoped it would always the be hallmark of debate in the community and the Council. He looked forward to serving the communty in a new venue, in a different way, on a different set of issues. The work which was cut out for him became obvious when on a precinct walk in San Jose during the course of the summer as he handed out materials, someone asked how he could run for Supervisor in Santa Clara County since Palo Alto was in San Mateo County. He looked forward to serving all residents of Santa Clara County, but making sure Palo Alto was a full partner in the decision making and responsibilities of county governance. He was in the process of reestablishing or reopening a North County office in Palo Alto at the North County Courthouse which he hoped would be helpful in that effort. He was most gratified that many times over the 13 years he had served locally, people had expressed respect for his point of view and the way in which remarks had been offered in newspaper quotes, radio broadcasts, or cable broadcasts, even if in disagreement--a fact which had really made Palo Alto a very different place. There was a respect for differing points of view and an understanding that by offering up the different points of view, each made a contribution to the civic conversation. He again thanked the community for allowing him to play the role, and specific thanks were given to his parents who had raised him to believe in public service, and his fiance, Mary Hughes, who had been a patient and supportive partner for five years. ORAL COMMUNICATIONS Cheryl Davis, 608 Channing Avenue, spoke regarding an access violation of the Americans With Disabilities Act (ADA) and the need for a four-way stop at a particular intersection near the Channing House. Scott Wilson, 509 Hale Street, spoke regarding traffic congestion at the corner of Hale Street and University Avenue. Edmund Power, 2254 Dartmouth Street, spoke regarding responsibility (letter on file in the City Clerk's Office). James Lewis, 1498 Edgewood Drive, spoke regarding year-end appreciation to the Council, staff, and the news media (letter on file in the City Clerk's Office).
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Robert A. Morgan, 1150 Byron Street, spoke regarding the proposed expansion of the Stanford Shopping Center and the need for more compassion for the homeless. Herb Borock, 2731 Byron Street, spoke regarding the 1962 rezoning in Midtown which had allowed for residential and the Safeway store and the current efforts of the Safeway store for expansion. APPROVAL OF MINUTES of OCTOBER 15 AND 21, 1996 MOTION: Council Member Fazzino moved, seconded by Schneider, to approve the Minutes of October 15 and 21, 1996, as submitted. MOTION PASSED 9-0. CONSENT CALENDAR MOTION: Council Member Kniss moved, seconded by Huber, to approve Consent Calendar Item Nos. 2 - 5, 7, 9 - 11. 2. Renewal of Contract between the City of Palo Alto and First Health Strategies, Inc. for Dental Claims Administration Services 3. Contract between the City of Palo Alto and CH2M Hill for Los Altos Treatment Plant Site Development Services - Phase II; change orders not to exceed $40,000. 4. Contract between the City of Palo Alto and Electrotek Con-cepts, Inc. for Power Quality Consultant Services 5. Contract between the City of Palo Alto and A & A Construction for Police Department Security Improvements; change orders not to exceed $9,200. 7. Resolution 7639 entitled "Resolution of the Council of the City of Palo Alto Adopting Modifications to the Retirement Plan for the City's Hourly Employees; and Approving Execution of an Agreement with ICMA Retirement Corporation for Adminis-tration of the Plan" Contract between the City of Palo Alto and ICMA Retirement Corporation for Simplified Employer Administration of the Plan 9. Compensation Plan for Firefighters Resolution 7640 entitled "Resolution of the Council of the City of Palo Alto Amending Section 1501 of the Merit System Rules and Regulations Regarding the Memorandum of Agreement Between the City of Palo Alto and Local 1319, International Association of Fire Fighters"
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Resolution 7641 entitled "Resolution of the Council of the City of Palo Alto Adopting a Compensation Plan for Fire Department Personnel and Rescinding Resolution No. 7282" Ordinance 4391 entitled "Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Provide an Additional Appropriation for Salary and Benefit Increases Beginning July 1, 1996, for Employees Represented by the International Association of Firefighters Local 1319" 10. Ordinance 4392 entitled "Ordinance of the Council of the City of Palo Alto Amending Section 18.49.060 [CD District Regula-tions] of the Palo Alto Municipal Code and Adding Chapter 18.87 Regarding Transferable Development Rights" (1st Reading
11/18/96, PASSED 7-1, Wheeler "no," Schneider "not participat-ing") 11. Utilities Advisory Commission recommendation re Charitable Contribution Program (Project PLEDGE Proposal) MOTION PASSED 9-0 for Item Nos. 2 - 5, 7, 9, and 11. MOTION PASSED 7-1 for Item No. 10, Wheeler "no," Schneider "not participating." AGENDA CHANGES, ADDITIONS, AND DELETIONS City Manager June Fleming indicated Item No. 6 would become Item No. 11B and that Item No. 8, Resolution of the Council of the City of Palo Alto Authorizing Execution of an Agreement with the State of California Department of Transportation for Modifying Traffic Signals and Performing Road Work Along El Camino Real at Arastradero Road/Charleston Road, Maybell Avenue and Los Robles Avenue/El Camino Way, had been removed by staff. CLOSED SESSION Mayor Wheeler indicated the item would be conducted either during the recess or after the Regular Meeting. 11A. Conference with City Attorney-Potential/Anticipated Litigation Subject: Significant Exposure to Litigation Authority: Government Code section 54956.9(b)(1) arising out of Colorado Park Apartments flood damage
[Gov. Code, ∋ 54956.9(b)(3)(B).] Public Comments None.
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11B. (Old Item No. 6) Approval of a Grant Agreement between the City of Palo Alto and the State of California Department of Transportation for Use of Petroleum Violation Escrow Account (PVEA) Funds for the Palo Alto Intermodal Transit Station, and Authorization of the City Manager to Execute the Grant Agreement Alison Lee, 1241 Harker Avenue, spoke regarding the incremental implementation of the Palo Alto Intermodel Transportation System. The Steering Committee for the Arts Master Plan, on which she sat, focused on cultural leadership for the community which the Council needed to keep in mind. Palo Alto should put culture and education first. Underground parking could be provided for a Downtown Center for the Arts during the day and a pedestrian to the Downtown area would keep traffic away from the City. A positive link could be provided to Stanford to provide a facility which could offer a place for lively arts as well as a resident company with museum plans for 1998. MOTION: Council Member Kniss moved, seconded by Huber, to: 1) Approve the Grant Agreement (Attachment 1) between the City of Palo Alto and Caltrans for the use of $200,000 of PVEA funds for the Palo Alto Intermodal Transit Station; and 2) Authorize the City Manager, or her designated alternate, to execute the Grant Agreement on behalf of the City of Palo Alto. MOTION PASSED 9-0. UNFINISHED BUSINESS 12. Request for Approval to Complete Traffic and Engineering Surveys to Consider the Establishment of Radar Enforceable Speed Limits and Status Report on Related Strategies (contin-ued from 11/18/96) MOTION TO REFER: Council Member Fazzino moved, seconded by Kniss, to refer the item to the Policy and Services Committee to a date to be determined by staff in January 1997. Ms. Fleming said the item had already been heard by the Policy & Services (P&S) Committee and had returned to the Council. Nothing new had occurred nor had staff any additional information to bring back to the P&S Committee. Council Member Fazzino understood. However, the staff report (CMR:468:96) contained information with respect to the use of photo radar and red light cameras which appeared to be new information and deserved additional discussion. Staff was not in favor of radar, but the staff report was much more definitive about its lack of interest in the approaches, with which he personally disagreed. Given the recommendations, which were fairly definitive with
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respect to the traffic calming tools, a discussion should occur at the P&S Committee level. Ms. Fleming said staff was not opposed to the use of red light radar, but did have issues with regard to its use. Some issues might be solvable and others might take time. Staff should not be on record as being in opposition. Secondly, a small amount of additional information, which staff considered merely detail, could easily be dealt with by the Council. Council Member McCown thought the subject had already appeared before the P&S Committee out of which had come a recommendation. The issue had been delayed in its return to the Council. She asked whether the lengthy passage of time was sufficiently significant to bring forward something new for the P&S Committee's review compared with what it had reviewed previously. Ms. Fleming had discussed the issue with staff the previous week when she first aware of a desire on the part of some members of the community to return the item back to the P&S Committee. Staff still maintained the depth of material was insufficient for a return to the committee level and was prepared for a decision by the Council. Council Member Schneider thought the issue had been discussed two to three years before and saw no reason to return the issue to the P&S Committee. SUBSTITUTE MOTION TO CONTINUE: Council Member Schneider moved, seconded by McCown, to continue the item to a date uncertain. Council Member Andersen thought the item was an unfinished business item and should not be continued. The only reason for avoiding the issue was to allow further lobbying. People continued to raise the question about traffic but when it came time to act, the item was continued. Council Member Kniss said the motions were not necessarily different, asking for the rationalization for a return to the P&S Committee. Council Member Fazzino had thought the staff report (CMR:468:96) contained a sufficient amount of new information to warrant returning to the P&S Committee. Additionally, residents primarily affected by the corridor had requested more time by which to study the item. Council Member Fazzino recalled the discussion in May 1995, based on an outstanding staff report, which had laid out a number of alternative traffic controlling methods on Embarcadero Road and other arterials. The public had been given the opportunity to participate in a much more informal discussion which had allowed for some depth on the issues wherein questions of staff and the public had ensued. A plan had been approved and staff was asked to
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return within a few months with more information on alternative traffic calming approaches such as photo radar and red light cameras. Although he would not be disappointed if the Council moved to bring the item back to the Council in January, given the gap in time between the last P&S Committee discussion and the staff report (CMR:468:96), the public and the Council would be better served by a more indepth discussion of the issues in a more informal setting at the committee level. Council Member Andersen's stand to move ahead was appreciated. Council Member Kniss would continue to support Council Member Fazzino in the original motion, but would not vote against the continuance either. More information was sought from staff at the time of its return to the Council. SUBSTITUTE MOTION TO CONTINUE PASSED 7-2, Andersen, Fazzino "no." PUBLIC HEARINGS 13. PUBLIC HEARING: Resolution 7642 entitled "Resolution of the Council of the City of Palo Alto Ordering Weed Nuisance Abated" Mayor Wheeler declared the Public Hearing open. Virginia Bachrach, 4179 Oak Hill, expressed confusion over the weed abatement ordinance and opposition to destructive disking on one-quarter of her property. City Attorney Ariel Calonne asked whether Ms. Bachrach had received a Notice to Clear and, if so, whether she objected to the terms of the notice. Ms. Bachrach had assumed responsibility for the property and understood from reading the materials that the county under the current ordinances was entitled to handle the weeds if above six inches or some other nuisance existed. However, communication had been difficult if not impossible. Mr. Calonne advised the Council to treat Ms. Bachrach's statements as an objection. Ms. Bachrach's property had been cleared by the county, so the effect of the action would be to confirm assessment against her property for the cost the county incurred to clear the property. If the Council failed to find a basis for an objection, it was recommended the Council overrule the objection and proceed with the Resolution. Ms. Bachrach indicated her observation was not in the form of a complaint, but to encourage better communication, i.e., after signing a form indicating a willingness to handle the problem, a small portion of her property was still disked. If clay was disced, it was no longer possible to mow. The disking process was destructive, i.e., young trees were disturbed, etc.
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Mr. Calonne clarified the Council would not need to overrule any objection. Ms. Bachrach's comments were an administrative issue. City Manager June Fleming asked Ms. Bachrach to leave her name and phone number so the Acting Fire Marshall could provide her with the name and telephone number of the person in the county to contact. Mayor Wheeler declared the Public Hearing closed. No party had appeared to file or filed a written objection against the Weed Abatement proceedings. Any resolution passed by the Council on the matter would reflect said finding. MOTION: Council Member Simitian moved, seconded by Schneider, to adopt the Resolution. Resolution 7642 entitled "Resolution of the Council of the City of Palo Alto Ordering Weed Nuisance Abated" MOTION PASSED 9-0. 14. PUBLIC HEARING: Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Accept a Block Grant from the United States Department of Justice Bureau of Justice Assistance for a Local Law Enforcement Program for the Police Department Assistant Police Chief Lynne Johnson said a committee, which had been formed two years prior, had been hard at work to find a program which provided positive alternatives for youth in the community and was one for which the entire committee was excited. Representatives on the committee included members of the Palo Alto Unified School District (PAUSD), parents, and many different agencies. The Positive Alternatives for Youth (PAY) program was truly a community collaboration. An outreach meeting had been hosted by the City in November 1996 at which over 40 churches, businesses, schools, and many different social service agencies attended. The enthusiasm received for PAY had been overwhelming. A monetary donation had already been received as well as offers to assist in the mentoring and job placement phases of the program. The program would also meet the needs of young people who had fallen through the cracks with a minimum amount of funding requirements from the City and AB 3229 funds, about which staff had shared with the Council a few weeks prior. Mayor Wheeler declared the Public Hearing open. Mary Sause, 20 Kent Place, had sat on the committee and acknowl-edged the wonderful cooperation the Palo Alto Police Department and PAUSD had enjoyed along with nonprofits and parents in the community. A number of people had expressed an interest in the
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work of PAY. Staff had had the foresight to apply for monies which had become available in July. Mayor Wheeler declared the Public Hearing closed. MOTION: Council Member Simitian moved, seconded by Schneider, to adopt the Ordinance. Ordinance 4393 entitled "Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Accept a Block Grant from the United States Department of Justice Bureau of Justice Assistance for a Local Law Enforce-ment Program for the Police Department" Council Member Kniss agreed with the comments from Ms. Sause, expressing praise for the PAY program and the convergence of funding. MOTION PASSED 9-0. REPORTS OF COMMITTEES AND COMMISSIONS 15. Planning Commission recommendation re the Draft Santa Clara Valley Water District Environmental Impact Report for Adobe Creek Water Shed Project Council Member Kniss asked whether the Council would see the slides mentioned in staff's presentation to the Planning Commission. Chief Planning Official Nancy Lytle said the materials were available and the Council could request to see the slides that evening. The staff report (CMR:510:96) addressed the Draft Environmental Impact Report (Draft EIR) prepared by the Santa Clara Valley Water District (SCVWD) on the Adobe Creek Water Shed Project (the Project). The City was the responsible agency for the Project and an analysis had been prepared and provided in the staff report analyzing the Draft EIR and summarized comments staff recommended the Council send on to the SCVWD for inclusion in the final EIR. Senior Planner Virginia Warheit said the almost exclusive use of gabion baskets as a technique for bank stabilization, the main issue staff had identified in the Draft EIR, caused environmental impacts and raised questions about whether environmentally sensitive alternatives had been sufficiently explored. The City had retained the services of a consulting hydrologist in June 1996 to examine the issue. Mitchell Swanson had described the use of techniques which were more consistent with the City's policies to protect natural habitat areas, i.e., the incorporation of riparian vegetation and reestablishment of the natural riparian habitat. Page 77 of the Draft EIR identified the impacts created by the use of gabion baskets which would require mitigation. Riparian plant materials could not be established in the gabion baskets. Page 2
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of the letter (on file in the City Clerk=s Office) from a Fisheries Biologist at the Department of Fish and Game, addressed another project on San Francisquito Creek where the same type of gabion baskets had been used to stabilize the banks, indicated "Gabion structures, at best, support herbaceous, weedy vegetation." In addition to the environmental impacts, the gabion baskets raised aesthetic issues, particularly their use at El Camino Real which had been identified in the Comprehensive Plan (Comp Plan) as an important City gateway. The plan proposed lining both banks for 200 feet upstream of the crossing with the gabion baskets, preventing any reestablishment of a natural appearance along the creek. The third issue staff had identified in the Draft EIR was the possible impact on businesses along El Camino Real during the period of construction. All of the issues had been raised by the City in its response to notice of preparation back in February 1995 in a letter to the SCVWD, a copy of which was attached to the Draft EIR. Vice Mayor Huber asked whether the SCVWD would do as it pleased regardless of any comments the Council would make on the Draft EIR. City Attorney Ariel Calonne said the SCVWD was obligated to respond to the City's comments. The City, as the responsible agency, was obligated to either accept the EIR as adequate or challenge it in court if not. The comments were the City's only nonlitigation opportunity to get the document into the form with which the City was comfortable. Council Member McCown thought the core of staff's comments centered on a variety of other approaches to the project as far preferable to the community because of the environmental impacts and asked about SCVWD's obligation and mechanisms the City had available to persuade an approach which handled the impacts differently. Mr. Calonne was unsure about the project in terms of a planning study, which might be more open to molding than a typical flood project. Public Works Senior Engineer Joe Teresi said the issue was that the SCVWD planned to replace the culvert at El Camino Real as well as concern about the approach upstream. The SCVWD had indicated the desire to use gabions and the City was asking the SCVWD to consider other options. Council Member McCown said staff's recommendations included other approaches such as restoration, avoidance of impact, etc. Ms. Warheit said the SCVWD proposed a particular solution and staff knew other solutions had been used very successfully in other places. Staff had questioned whether other solutions had been considered, suggesting the SCVWD examine other options. Discus-sions about the culvert had been ongoing between staff and the
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SCVWD for two years. If the City had never raised questions about the gabions, the SCVWD's proposed solution would have already been installed. Council Member McCown asked about the City's options. Mr. Calonne said the Council might need to address how follow-up would be handled by the SCVWD in a way which was timely with respect to project approval so that if the City was still dissatis-fied with what the SCVWD did, it could formally communicate prior to approval of the project. The Council could ask staff to follow up on SCVWD's responses to the City's comments and inform the Council to determine whether the response was satisfactory prior to project approval. Council Member McCown asked whether the City had any approval authority over the project in its jurisdiction. Ms. Lytle said staff's analysis of the preliminary plans showed the City's only authority, which triggered the permitting agency status, was the new tree ordinance. Council Member Kniss asked whether anything had occurred previously when the City made comments which affected the outcome. Ms. Warheit said the City had requested alternatives be considered to the Notice of Preparation, which the SCVWD had returned in January 1995, to which the City had responded in February 1995 covering all the same points and to which no response had been received. However, because of the response received at the public hearing, more interest had been raised by the SCVWD in at least acknowledging the legitimacy of the comments. Ms. Fleming said although often frustrated at not receiving adequate responses to comments, staff and the community had taken an environmentally sensitive position. The Council liaisons to the SCVWD could also carry along the message with the letter. Mayor Wheeler asked whether the SCVWD was being represented at the current meeting. Ms. Lytle said the representatives who had attended the Planning Commission meeting, Randy Tally and Scott Wilson, were not present. Planning Commissioner Kathryn Schmidt said the Planning Commission had unanimously supported the staff and consultant comments to pursue impact avoidance rather than build something which would require mitigation. The explanation and clear presentation by the consultant had been appreciated regarding the more natural methods of dealing with bank stabilization or reconstruction. The SCVWD had been asked whether any other methods had ever been used and had understood Mr. Swanson was working with the SCVWD. The Planning
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Commission had added the suggestion to eliminate the use of sack concrete in rebuilding banks and to use more natural methods. Council Member Schneider queried the statements on page 5 of the Planning Commission staff report dated November 13, 1996, included as part of staff report (CMR:510:96), which mentioned that none of the mitigation sites were located in Palo Alto and page 7 which questioned construction impacts on businesses. Ms. Schmidt said page 2 of the staff report (CMR:510:96) had indicated that after the Planning Commission meeting, one of the mitigation sites was found to be located just over the border in the southeast part of the City. Any businesses within two or three blocks of the construction site along El Camino were located in both Palo Alto and Mountain View. Concern had been expressed regarding the impacts of construction of the Matadero Creek Bypass which had involved the tearing up of a section of El Camino Real for many months by which some businesses had suffered losses. The EIR had identified traffic concerns, but failed to address the possible need to mitigate adverse impacts on businesses along the street. Council Member Schneider was concerned that the staff report (CMR:510:96) failed to identify the problem and the impacts the businesses had and continued to suffer as a result of Matadero Creek construction. El Camino Real had been torn up far longer than the SCVWD had indicated would be the case and she was very concerned. Mayor Wheeler asked Mr. Swanson to give the Council a short presentation. Mitchell Swanson, Hydrology & Geomorphology, presented a brief review of the document, including a description of the types of bank protection techniques necessary to meet flood and erosion control objectives while retaining or enhancing the environmental quality of the creek. The study of the relationship between the amount of flow, dimensions of a channel, and the pattern of a stream, or fluvial geomorphology, was his area of expertise. Overheads were used to describe various streams and methods used to prevent erosion, e.g., vegetation like willow trees, encapsulating the soil with a coconut fiber containing plants, toe protection, upper bank plantings, etc. Gabions were small wire baskets filled with rock that would not hold soil resulting in low moisture retention, which was critical for any vegetation survival. Council Member Rosenbaum was the Council representative to one of the advisory groups for the flood control district, a very accommodating group, and asked whether SCVWD would agree or disagree with a presentation if made to their staff.
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Mr. Swanson said the SCVWD was in the process of an EIR for a maintenance program that included an erosion control element, which had resulted in a lag in the EIR. The problem was one of the who would try to see whether the idea would work or fail. The alternatives were not allowed below six feet per second, or on a slope any steeper than two horizontal to one vertical, which excluded many of the SCVWD's streams from possible alternative treatment. There were ways of doing the live planting soil encapsulating on steeper than 2:1 slopes, and cases where taken a 12 feet per second, but it had a hard time turning a corner, at least to do demonstration projects to see how well it worked. The SCVWD contained many open-minded people, but the issue had not been resolved. The mitigation measure recommendation had been written because when the SCVWD moved into its construction plan, it would enter another depth of detail at which time an opportunity would be available to try something different. Council Member Rosenbaum asked whether Mr. Swanson had indicated the techniques had not been used in conditions which were as difficult as the conditions found in the Adobe Creek project. Mr. Swanson said enhancement restoration-type work had been used extensively for 20 years in Europe. The Corp of Engineers was currently examining the banks of the Sacramento River and tributar-ies using encapsulated soils and toe protection were being used on the American River in a pilot project. Confidence was increasing for the techniques. Council Member McCown asked about the cost differential to the SCVWD in the concept as an alternative to the gabions. Mr. Swanson said soil encapsulation was more labor-intensive and expensive. The local agency in Sacramento was using underemployed labor for much of the hand work to reduce costs. Creative ways to offset costs could be found. The scope of the proposal might be reduced to arrive at a balanced plan. Council Member McCown asked who in the SCVWD would make the decision about whether or not the alternatives might be tried as opposed to the gabions. Mr. Swanson was unsure. Council Member Kniss asked about Mr. Swanson's mention of the Truckee River and increased velocity in stopping the meandering. Mr. Swanson said the Upper Truckee River in South Lake Tahoe had been straightened. When a channel was straightened, the slope was increased which increased velocity.
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Council Member Kniss asked whether a parallel interpretation could be drawn from the Truckee River with Adobe Creek. Mr. Swanson said the Adobe Creek involved straightening to make property lines work and the urbanization surrounding the area tended to increase the amount of water resulting in a limitation of width. Adobe Creek had once been a meandering stream which had been straightened. Council Member Kniss thought the result of stopping the meandering resulted in increased intensity. Mr. Swanson agreed. Adobe Creek had moved from a meandering stream to a straight stream but there were some stable straight streams. A certain minimum depth and width was required to pass the flow through. Craig K. Breon, Santa Clara Valley Audubon Society, 22221 McClellan Road, Cupertino, spoke regarding creek protection. Although the SCVWD had the ultimate decision making power, public sentiment had begun to change the SCVWD. SCVWD was experiencing financial difficulties and the Adobe Creek project might not have funding. In the future, the SCVWD might approach various city councils to request financial assistance on projects, especially as a result of Proposition 218, which would give Palo Alto the leverage it needed to dictate some of what occurred in its territory. Petaluma had utilized the coconut matting technique. Allowing City staff to pursue the comments aggressively and meeting with the board representative was encouraged. Dena Mossar, representing the Santa Clara County Creek Coalition, 1024 Emerson Street, commended staff, the consultant, and the Council for the great job accomplished on the project. The letter dated December 9, 1996 from Carrasco & Associates (the Carrasco letter) concerning the value the hotel owner had given to Adobe Creek was noted as very positive. The Streamside Planning Guide
(on file in the City Clerk=s Office) had been delivered to all residents along the San Francisquito Creek. Bob Moss, 4010 Orme Street, spoke regarding bank stabilization and the SCVWD's receptivity to alternatives. The Council was encour-aged to exercise its powers and object to what the SCVWD was doing, adopting staff and the consultant's suggestions for no impacts and a treatment which was sensitive to the community and the environ-ment. MOTION: Council Member McCown moved, seconded by Kniss, to direct staff to respond to the Santa Clara Valley Water District Draft Environmental Impact Report for the Adobe Creek Watershed Project with the City's response to include: 1) the comments recommended in the attached Planning Commission staff report; 2) Exhibit A prepared by the City's consultant; and 3) the comment added by the
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Planning Commission that sack concrete should not be used in natural portions of the Creek. Further, that staff be directed to follow the issue as a policy matter and to urge the appropriate Santa Clara Valley Water District policy makers to allow for the implementation of the alternative mitigation measures as recom-mended for the stretch of the project that affected Palo Alto. Council Member Kniss had been intrigued by the affect streams had on a community. Not much attention had been given to creeks except to cement them. The new methods of bank stabilization would clearly be an asset to the community. Council Member Rosenbaum asked whether staff thought anything in the Carrasco letter could be incorporated into the Council's motion. Ms. Lytle replied yes. Comment No. 3 of the Carrasco letter identified a portion of the EIR, dealing with construction staging and impacts as being out-of-date, needed to be passed along in the Council's recommended comments to the SCVWD. Comment Nos. 1 and 4 dealt with the issue that the project would intersect with the frontage of the hotel property and an intersection with Program 23 of the City's Comp Plan. The program was described on page 3 of the Planning Commission staff report dated November 13, 1996, included in staff report (CMR:510:96), and in a diagram drawn 20 years prior that was provided on page 47 of the Urban Design element of the Comp Plan. It described the project as needing the Redwood groves on both sides of the intersection, the need for an enhancement to the design guardrail, and an entry feature into the community. SCVWD's proposed project provided a standard guard rail and would likely jeopardize the existing Redwood groves because it relocated the entrance of the bridge location. Unlike the previous PC Zone for the project, which had offered money as public benefit to help with enhancements at the intersection and along the hotel frontage, Mr. Carrasco had gone on record as indicating it was the SCVWD's responsibility to complete the enhancements per the City's Comp Plan program. Interest had also been indicated in the final design of the guardrail due to the desire to have it compliment the design of the hotel. Comment No. 2 had been addressed in staff's response to Comment No. 8 related to impacts on businesses. Council Member Rosenbaum clarified the material contained in the third comment of the Carrasco letter should be included in the Council's response to the SCVWD. MAKER AND SECONDER AGREED TO INCORPORATE INTO THE MOTION that pages 7-11 of the Draft Environmental Impact Report be modified to reflect that the Hyatt site was not available for use by the Santa Clara Valley Water District (SCVWD) for any construction activities or access and that SCVWD fully address location and impacts of all staging areas which would actually be used for the project.
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Council Member Rosenbaum, as the Council representative to the Northwest Advisory Committee for the Santa Clara Valley Water District, said the cities of Los Altos and Los Altos Hills were also intimately involved in the project and were far more enthusi-astic about wanting the project moved forward. Palo Alto's section would be constructed first, allowing Palo Alto to determine the interests of Mr. Slotnick and the interest of the three communities in his district. The problem might be more difficult than the City anticipated. Council Member Simitian asked whether Council Member McCown's comments regarding the policy discussion were meant to clarify the need for Mr. Slotnick, the newly elected representative, to participate in the process with the City. Mayor Wheeler thought the Planning Commission had identified the need for such a direction. Council Member Simitian thought Mr. Slotnick should be informed of the City's views prior to comments being taken to the SCVWD. The letter from the Chamber of Commerce (the Chamber) dated December 16, 1996, regarding the impact on businesses should also be considered, i.e., not going through what had been gone through before. Council Member McCown thought the Chamber's comments had been
addressed in the staff response, but agreed the Chamber=s letter should be sent along with the City's response. Palo Alto's interest in pursuing the alternative methods in the 200-foot section were not considered inconsistent with what Los Altos or Los Altos Hills might want to do on their own section. The City was not trying to slow the process but desiring the SCVWD to implement techniques in the section under discussion. Council Member Rosenbaum agreed except for the question of delay or if the SCVWD set its position and Mr. Slotnick had to make a decision and vote. Mayor Wheeler expressed support for the Planning Commission recommendation and the motion as strengthened. The community agreed that what had been done historically on Adobe Creek was no longer acceptable. All of the City's efforts since that time had been directed toward a more benign and natural treatment of creeks. Allowing the SCVWD's proposal to move forward unchallenged would be a serious step backward. MOTION PASSED 9-0. RECESS TO CLOSED SESSION: 9:55 P.M. - 10:15 P.M.
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The City Council met in Closed Session to discuss matters involving potential/anticipated litigation as described in Agenda Item No. 11A. Mayor Wheeler announced that regarding Item No. 11A, the City Council had taken unanimous action (9-0) to authorize a settlement payment to the Colorado Park Apartment tenants for damage incurred during the flooding that occurred on Tuesday, December 10, 1996. REPORTS OF OFFICIALS 16. Resolution 7643 entitled "Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedule G-3 of the City of Palo Alto Utilities Rates and Charges Pertaining to Non-Core Natural Gas Service" Council Member Andersen asked for the logic behind the proposed cap on gas commodity prices. Assistant Director of Utilities, Administrative Services, Randy Baldshun said staff had obtained Council approval in 1995 to introduce a new rate schedule which vacillated with the monthly spot price of natural gas. Every month, Palo Alto charged the six customers on its rate schedule the exact cost the City paid. Because gas was a seasonal commodity, the price fluctuated between summer and winter. The effort was in response to complaints received by some customers. With an annual price, some months the price was higher and some months lower than the spot price. Council Member Andersen asked whether the cap, which was so far above the current price, would be given to the consumer, question-ing the rationale for the cap itself, i.e., who the cap protected. Mr. Baldshun said having some leverage of control made sense because the typical rate making process involved a formal approach by staff to the Council for approval of a rate change or increase. By approving the cap, staff would be allowed to change the rate without reporting on a monthly basis to match the price for the consumers. The Gas Utility made no money, passing along the cost to the customer. If no price cap existed, there would be no protection for the consumer. MOTION: Council Member Andersen moved, seconded by Kniss, to adopt the Resolution. Resolution 7643 entitled "Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedule G-3 of the City of Palo Alto Utilities Rates and Charges Pertaining to Non-Core Natural Gas Service" MOTION PASSED 9-0.
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17. Fourth Amendment to County Agreement between Santa Clara County and City of Palo Alto for Abatement of Weeds City Manager June Fleming made a correction on page 1 of the staff report (CMR:485:96), striking "or her designee" in the Recommen-dation. MOTION: Vice Mayor Huber moved, seconded by Andersen, to authorize the Mayor to enter into the agreement that would provide the City of Palo Alto's continued participation in the County weed abatement program. MOTION PASSED 9-0. 18. Alma Street Bicycle Bridge Council Member Rosenbaum asked how the original bid, which the Council had rejected some months prior, compared with the current proposal. Director of Public Works Glenn Roberts did not recall the exact dollar amount but said the original bid had been roughly $200,000 higher in total project costs. Since then, staff had found $100,000 in additional funding, reduced the project cost by $60,000, and a $40,000 supplemental appropriation on top of the initial funding from the district was being sought. Public Works Senior Engineer Karen Bengard thought the original cost had been $350,000, however, the scope had differed. Council Member Rosenbaum asked for the corresponding number. Ms. Bengard said the low bid had been $302,000. Council Member Rosenbaum clarified that staff had changed the specifications, the bid had been $50,000 less, staff had then found $100,000 and was requesting an additional $40,000. Ms. Bengard replied yes. Ellen Fletcher, 777 San Antonio Road, spoke in favor of implemen-tation of the project which had been in the Comprehensive Plan since 1976 and represented a great need in the City. Council Member McCown asked how much Menlo Park had committed toward the project. Mr. Roberts said Menlo Park planned no direct cash contribution, but had arranged for San Mateo County grant funds from the Transportation Development Act (TDA) in the amount of $30,000.
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Council Member McCown asked whether the City could count on the money. Mr. Roberts said the money was secured. MOTION: Council Member McCown moved, seconded by Huber, to: 1. Approve and authorize the Mayor to execute the contract with Anderson Pacific in the amount of $302,465 for construction services for the Alma Street Bicycle Bridge and Path Project; 2. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with Anderson Pacific for related, additional but unforeseen work which might develop during the project, the total value of which change order shall not exceed $44,000; 3. Approve the consultant agreement with DASSE Design, Inc., for $24,780 of consultant construction administration services; 4. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the consultant agreement with DASSE Design, Inc. The total value of the change orders shall not exceed $4,000; 5. Approve the Bay Area Air Quality Management District (BAAQMD) fund Transfer Agreement to accept a $98,000 Transportation Fund for Clean Air grant; 6. Approve the Budget Amendment Ordinance for the BAAQMD Fund Transfer Agreement and additional funds required to complete the project; and 7. Approve the Memorandum of Agreement between the City of Palo Alto and the Muwekma Ohlone Tribe of the San Francisco Bay. Construction Contract between the City of Palo Alto and Anderson Pacific for Construction of the Alma Street Bicycle Bridge Amendment No. 1 to Consultant Agreement No. C5073378 with DASSE Design Inc. for Design Services Fund Transfer Agreement between the City of Palo Alto and Bay Area Air Quality Management District for Acceptance of Funds Ordinance 4394 entitled "Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1996-97 to Accept a Grant and Provide an Additional Appropriation for Capital Improvement Project No. 19411, Alma Street Bike Bridge"
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Memorandum of Agreement between the City of Palo Alto and the Muwekma Ohlone Tribe for Disposition of Archaeological Artifacts and Remains MOTION PASSED 9-0. 19. Approval of a Proposed Interim Connection and Conditions Proposed by the Palo Alto Unified School District for Preparation of an Easement Agreement Between the City of Palo Alto and the School District, for the Embarcadero Pedestrian Bike Path Project (CIP 19310) Council Member McCown asked when a response to communications sent by the City Manager and staff to the Joint Powers Board (JPB) regarding use of the existing train bridge would be received. Chief Transportation Official Marvin Overway said Jerry Cursner, Director of Rail Services for CalTrain, in a letter to June Fleming, had advised the City that the contact person was Howard Goode. When contacted, Mr. Goode revealed that he had received no information on the item. Information was faxed that day and Mr. Goode indicated he would get back to staff. Council Member McCown asked whether it was possible to wait to determine whether the option of using the right-of-way parallel to the train track was possible. Mr. Overway said no pressing time line currently existed. The bids received several months prior far exceeded the budget. At the time, staff had returned to the Council with a strategy for handling the project. One of the strategy's elements was sending bids out during the winter months rather than summer months. A decision needed to be made as to the direction to be pursued, since the design consultant needed to design said aspects into the plans and specifications before the project went out to bid. The rush was to get the bid out earlier so bids could transpire earlier in the year rather than the middle of summer when everyone was busy. Council Member Andersen asked whether the existing bridge could be used if the Stanford stopping point for the train was relocated and, rather than stopping on the actual bridge itself, would stop at the Town & Country Shopping Center. Mr. Overway replied yes. Staff proposed using the existing bridge, and constructing a fence to separate the path from the tracks. The platform area on Embarcadero Road was narrow enough that the platform could no longer be used to unload passengers from the train. Rather than stopping over Embarcadero Road, the engine would be stopped back by the bridge and the train would extend north toward Encino. The bridge could then be used. Passengers would have to walk a further distance. The staff proposal had included extending the amount of platform area being lost on the
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south side of Embarcadero, so only half of the passengers would walk further than before. Council Member Andersen asked whether staff had received any feedback from communications with CalTrain about such an alter-ation. Mr. Overway said when staff had presented the item to the Council during the summer of 1995, it had received very positive feedback from two JPB staff members at one level, but it had eroded substantially since that time. Although a negative response had not been received, neither had a positive response. In staff's November letter, a proposal had been submitted with a request for a "yes" or "no" response. Stanford's concerns included: 1) passengers would have to walk a greater distance; 2) the fence crossing the bridge could cause someone crossing the tracks from the Alma Street side to be quite close to a train and trapped in an eight-foot space if a train came by; and 3) the width of the bicycle path being proposed across the temporary bridge. Council Member Andersen asked about the time line for the "interim" for the elbow into the Palo Alto High School campus. Mr. Overway was unsure. The project was ready to go, designed, environmentally approved, right-of-way available, etc., all of which lead to increased funding opportunities. Staff intended to pursue every appropriate funding opportunity. The Alma Street Bicycle Bridge had been the result of Proposition 116 in addition to other funds which staff would seek out. He was unsure of the timing, which could be anywhere from one to five years. Mayor Wheeler questioned physical impediments used to navigate people toward the project, which would not be a very tempting detour for bicyclists to take rather than the logical route. Mr. Overway said the path would be built in a way which forced bicyclists away from the existing CalTrain bridge. Mayor Wheeler declared the public hearing open. Ellen Fletcher, 777 San Antonio Road, encouraged the Council to seek an alternative for the bicycle path other than through the Palo Alto High School property. Very few functions at Stanford prompted the use of the train station, at the most eight times per year. The most logical path was the area of the station. If the JPB was opposed to using the area, the path could be closed when events were taking place at Stanford necessitating use of the station bicycles could be detoured. Paul Goldstein, 1024 Emerson Street, member of the Palo Alto Bicycle Advisory Committee (PABAC), spoke in support of PABAC's position, and concurred with Ms. Fletcher's comments. The path was
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an integral part of the bicycle route system in Palo Alto. He urged the Council to direct staff to continue discussions with JPB and bring the issues to the JPB level, if necessary. Although many people used the train station for Stanford events, an agreement for the interim usage of the Alma Street Bicycle Bridge with the JPB should be possible. Mayor Wheeler declared the public hearing closed. Council Member Andersen asked whether the City would be at risk of losing funding from other sources if the item was deferred for three months. Mr. Overway replied no. Council Member Andersen asked about the potential for working something out with the JPB in terms of utilizing the existing train crossing if staff was given more time. Mr. Overway said staff could continue to approach the JPB. However, to date, staff had exercised as much influence as possible and it had not worked. Council Member Andersen asked whether Council direction would provide a greater degree of influence and to what extent, if any, Stanford played into the issue. Mr. Overway said currently, Stanford was only minorly involved but was aware of what the City was doing. Council Member Andersen asked whether Stanford had given any encouragement one way or the other. Mr. Overway thought Stanford would prefer to not affect the way the train stopped at the station. MOTION TO CONTINUE: Council Member Andersen moved, seconded by Rosenbaum, to continue the item for three months to allow staff an opportunity to work with the Peninsula Commute Joint Powers Board (JPB) to work out some use of the JPB bridge. Council Member Rosenbaum queried the suggestion by Ms. Fletcher concerning closing off the bicycle path on the days Stanford was using the Alma bridge. Mr. Overway said due to the construction of the fence across the bridge, an area of only eight feet was left which anyone could cross at any time and was an area of concern for the JPB. On game days, sufficient numbers of people directed the flow of traffic to avoid any potential danger. Council Member Andersen asked whether placing gates along the fence would provide some security.
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Mr. Overway said staff had explored the possibility of removable gates. The problem was the weight of the gates, which would mean the gates would have to be reduced in size from eight feet to four feet, twice as many posts would be anchored into an old bridge, and the movement of removing the gates could put much more wear and tear on the anchor. After discussions with the consultant on the possibility, a determination had been made that such a process was probably not the best solution. Council Member McCown had attempted to assist City staff in obtaining a response from the JPB staff but had been unsuccessful. Even though the JPB had approved the City's plan for a bicycle path alongside the train tracks, setting aside the Stanford section, a new concept had been raised by San Mateo County resulting in some difficulties. In part, staff was becoming more cautious. Considering the concerns raised by Mr. Overway about the fence being too close to the train tracks, the motion was appropriate. Joint Powers Board meetings would be held in January and February, and a decision should be reached by February. A significantly new JPB would be seated in January. Mayor Wheeler asked how an item was placed on a JPB agenda. Council Member McCown said the communication had moved from the City Manager to Jerry Cursner and, unless a staff response was received in the very near future from the JPB, a letter from the Council of the action should probably be sent to the Chairman of the Board, who would be seated in January, asking that the matter be agendized. MAKER AND SECONDER AGREED TO INCORPORATE INTO THE MOTION that a letter from the Mayor would be sent to the Joint Powers Board Policy Board requesting that this item be placed on a JPB agenda as soon as possible. MOTION TO CONTINUE PASSED 9-0. COUNCIL MATTERS 20. Mayor Wheeler re Cancellation of the December 23, 1996, City Council Meeting MOTION: Council Member Simitian moved, seconded by Huber, to cancel the December 23, 1996, Regular City Council Meeting. MOTION PASSED 9-0. 21. Council Comments, Questions, and Announcements
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Council Member Kniss reported on her attendance and presentation at the National League of Cities Conference December 6-8, 1996, in San Antonio, Texas. Council Member Rosenbaum asked about the traffic associated with the soccer game at Stanford University on December 14, 1996. City Manager June Fleming said she had discussed the traffic situation with Police Chief Chris Durkin. The traffic was unexpected, and the 40,000 attendees were less than a normal football game attendance. The soccer fans were not as familiar with the traffic routes to the game nor the need to arrive early. Work was being conducted with Stanford University to resolve future issues and Stanford had sent its apology. Council Member Fazzino said very poor traffic management was associated with the game on Saturday. ADJOURNMENT: The meeting adjourned at 11:03 p.m. ATTEST: APPROVED:
City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.200 (a) and (b). The City Council and Standing Committee meeting tapes are made solely for 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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