HomeMy WebLinkAbout1999-01-19 City Council Summary Minutes Special Meeting January 19, 1999 ORAL COMMUNICATIONS........................................87-441 CLOSED SESSIONS............................................87-441 ADJOURNMENT: The meeting adjourned at 7:05 p.m.............87-441 SPECIAL ORDERS OF THE DAY..................................87-442
1. Resolution 7827 entitled ΑResolution of the Council of the City of Palo Alto Expressing Appreciation to Fred Eyerly for Outstanding Service as a Member of the Utilities Advisory
Commission≅ ...........................................87-442
2. Resolution 7828 entitled ΑResolution of the Council of the City of Palo Alto Expressing Appreciation to G. Paul Grimsrud for Outstanding Service as a Member of the Utilities Advisory
Commission≅ ...........................................87-443 ORAL COMMUNICATIONS........................................87-444
3. Approval of an Amendment to the City=s Compensation Plans to Provide for the Establishment of an Employee Referral Program - Refer to Finance Committee..........................87-444 4. Business Community Downtown Commute Coordinator Programming Status Report - Refer to Finance Committee............87-444 5. The Finance Committee recommends to the City Council approval of an ordinance authorizing: 1) closing of the 1997-98 Budget; 2) reappropriation of funds into the 1998-99 Budget; 3) closing of capital improvement projects which have been completed, transfer of remaining balances to the appropriate reserves; and 4) continued funding of the General Fund Infrastructure Reserve, consistent with the Council approved General Fund Reserves policy (CMR:210:97).............87-444
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Ordinance 4544 entitled ΑOrdinance of the Council of the City of Palo Alto Authorizing Closing of the Budget for Fiscal Year 1997-98"..............................................87-444 6. Contract Between the City of Palo Alto and Power Resource Managers, LLP to Provide Consulting Services Relating to Electric Deregulation.................................87-445 7. Contract Between the City of Palo Alto and Flynn & Associates to Provide Consulting Services to Assist with Electric Regulatory Affairs....................................87-445 8. Annual Public Review of Compliance of Development Agreement with Palo Alto Medical Foundation for the Area Around 300 Homer Avenue..........................................87-445 9. Agreement Between the City of Palo Alto and the City of Mountain View for Joint Hostage Negotiation and Special Weapons and Tactics (SWAT) Team.......................87-445 10. Application by Carrasco & Associates for Approval of a Final Subdivision Map to Subdivide the 10.26 Acre Cabana Hotel Property located at 4290 El Camino Real into 14 Single-Family Residential Lots and One Parcel for the Cabana Hotel Facilities, Tract No. 9071............................87-445 11. Conference with City Attorney--Potential Initiation of Litigation............................................87-445 12. PUBLIC HEARING: The Palo Alto City Council will consider an
appeal by Victor Greene of the Zoning Administrator=s approval of a Fence Variance condition limiting the height of a six-foot fence that is currently located in a site distance triangle for property located at 581 Addison Street. The condition allows the fence to be located in the vision site distance triangle if it is four feet or less in height. (continued from 11/16)................................87-445 13. Audit of Utilities Operations Overtime................87-445 14. Recommendation to Incorporate the Heating, Ventilation, and Air Conditioning Unit for the Community Theatre at the Lucie Stern Community Center into the Infrastructure Management Plan Schedule..............................................87-446 15. Mayor Fazzino and Council Member Schneider re Soliciting from Street Medians and Driveway Entrances.................87-450 16. Council Comments, Questions, and Announcements........87-453 ADJOURNMENT: The meeting adjourned at 9:15 p.m. to a Closed Session as described in Agenda Item No. 11....................87-454
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FINAL ADJOURNMENT: The meeting adjourned at 9:30 p.m.......87-454
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The City Council of the City of Palo Alto met on this date in the Palo Alto Art Center at 6:10 p.m. PRESENT: Eakins, Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Schneider (arrived at 6:25 p.m.), Wheeler ORAL COMMUNICATIONS None. CLOSED SESSIONS 1. Public Employee Appointment Title: City Clerk Authority: Government Code section 54957 The City Council met in Closed Session to discuss matters involving Public Employee Appointment as described in Agenda Item 1. Mayor Fazzino announced that no reportable action was taken on Agenda Item 1. ADJOURNMENT: The meeting adjourned at 7:05 p.m.
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Regular Meeting January 19, 1999 The City Council of the City of Palo Alto met on this date in the Palo Alto Art Center at 7:15 p.m. PRESENT: Eakins, Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Schneider, Wheeler SPECIAL ORDERS OF THE DAY
1. Resolution 7827 entitled ΑResolution of the Council of the City of Palo Alto Expressing Appreciation to Fred Eyerly for Outstanding Service as a Member of the Utilities Advisory
Commission≅ MOTION: Council Member Rosenbaum moved, seconded by Huber, to adopt the Resolution. Council Member Rosenbaum said Mr. Eyerly was elected to the Council in 1975 and served as Commissioner to the Northern California Power Agency (NCPA) in the 70s. Mr. Eyerly was a charter member of the Utilities Advisory Commission. Council Member Kniss said Mr. Eyerly had maintained an interest in
the community and the City was grateful for Mr. Eyerly=s time and dedication. Council Member Huber said Mr. Eyerly was instrumental in encouraging him to get involved in the community and local politics. Vice Mayor Wheeler said Mr. Eyerly was the epitome of what a public servant and a good citizen should be. She hoped both Mr. and Mrs. Eyerly continued to be involved with the City. Council Member Eakins said the kindness and warmth from Mr. and Mrs. Eyerly were a great source of guidance and support. Mayor Fazzino said Mr. Eyerly was an outstanding mayor, and his leadership on utilities and financial issues was felt by the City. Mr. Eyerly played a significant role during the period after Proposition 13 in making sure the City did not suffer some of the service losses that other communities in the area had. Paul Johnston, 838 Mesa Court, had the privilege of working with Mr. Eyerly on the Utilities Advisory Commission (UAC) for 4 1/2 years. Mr. Eyerly brought with him a perspective of the City as a
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whole, something that was extremely valuable for such a committee. Paul Grimsrud, 3955 Bibbits Drive, said Mr. Eyerly was effective and productive throughout all the roles he played. He was able to look to Mr. Eyerly for direction related to UAC business. Mr.
Eyerly was the UAC=s first chairperson when it was formed in 1991. He enjoyed working with Mr. Eyerly who always gave good advice, especially regarding tough issues. Mayor Fazzino presented the Resolution of Appreciation to Mr. Eyerly. MOTION PASSED 9-0. Fred Eyerly thanked the Council for honoring him and expressed appreciation for being appointed to the UAC for three terms. The Utilities Department staff, under the direction of Ed Mrizek, was an excellent staff with much expertise that lead the City through quite a few problem areas. The commissioners of the UAC were easy to work with and the UAC was a benefit to the people.
2. Resolution 7828 entitled ΑResolution of the Council of the City of Palo Alto Expressing Appreciation to G. Paul Grimsrud for Outstanding Service as a Member of the Utilities Advisory
Commission≅ MOTION: Council Member Wheeler moved, seconded by Rosenbaum, to adopt the Resolution. Council Member Rosenbaum said Mr. Grimsrud was a charter member of the UAC and served for six years before leaving the UAC. Mr. Grimsrud returned to serve on the UAC from July 1997 to September 1998. He admired Mr. Grimsrud for his expertise and the direct way in which he expressed himself. He was sorry to see Mr. Grimsrud leave and wished him the best. Council Member Kniss remembered when the UAC was an idea that was not popular. A major concern at the time was whether people who were qualified could be found to serve on the UAC. The City was very fortunate to have had Mr. Grimsrud serve on the UAC twice. She thanked Mr. Grimsrud for his service to the City and wished him luck. Mayor Fazzino said Mr. Grimsrud was a wonderful citizen and interpreter of difficult technical language and concepts. Utilities was the most important yet complicated enterprise which the City operated. Arguably, the City had the most outstanding utilities system in California. The UAC had been helpful in assisting citizens to understand difficult concepts.
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Paul Johnston, 838 Mesa Court, said Mr. Grimsrud was a tremendous asset to the UAC. Mr. Grimsrud made many contributions including bringing discipline to much of the planning process in the Utilities Department. Mayor Fazzino presented the Resolution of Appreciation to Mr. Grimsrud. MOTION PASSED 9-0.
Paul Grimsrud said Palo Alto=s electric, gas, and water utilities were entities to be proud of. He believed the utilities were strong because of the people, in particular City staff. He worked with many utilities in his career, and the Utilities staff of the City was unmatched in quality by any other. He paid tribute to outgoing Director of Utilities Ed Mrizek for his strong leadership and responsiveness to the needs of the UAC and the Council. He thanked the staff, particularly those who participated in UAC meetings, for making his experience with the UAC an enriching one. ORAL COMMUNICATIONS Seth Yatovitz, 956 El Cajon Way, spoke regarding four concerns. Halimah VanTuyl, 4017 Middlefield Road, spoke regarding Juana Briones House. Ed Power, 2254 Dartmouth Street, spoke regarding good government. Lynn Chiapella, 631 Colorado Avenue, spoke regarding the parking lot at 3009 Middlefield Road.
Kate Hill, 884 Los Robles Avenue, spoke regarding ΑJuana Run.≅ CONSENT CALENDAR MOTION: Council Member Kniss moved, seconded by Wheeler, to approve Consent Calendar Item No. 3 - 10.
3. Approval of an Amendment to the City=s Compensation Plans to Provide for the Establishment of an Employee Referral Program - Refer to Finance Committee 4. Business Community Downtown Commute Coordinator Programming Status Report - Refer to Finance Committee 5. The Finance Committee recommends to the City Council approval of an ordinance authorizing: 1) closing of the 1997-98 Budget; 2) reappropriation of funds into the 1998-99 Budget; 3) closing of capital improvement projects which have been completed, transfer of remaining balances to the appropriate reserves; and 4) continued funding of the General Fund 01/19/99 87-445
Infrastructure Reserve, consistent with the Council approved General Fund Reserves policy (CMR:210:97).
Ordinance 4544 entitled ΑOrdinance of the Council of the City of Palo Alto Authorizing Closing of the Budget for Fiscal Year 1997-98" 6. Contract Between the City of Palo Alto and Power Resource Managers, LLP to Provide Consulting Services Relating to Electric Deregulation 7. Contract Between the City of Palo Alto and Flynn & Associates to Provide Consulting Services to Assist with Electric Regulatory Affairs 8. Annual Public Review of Compliance of Development Agreement with Palo Alto Medical Foundation for the Area Around 300 Homer Avenue 9. Agreement Between the City of Palo Alto and the City of Mountain View for Joint Hostage Negotiation and Special Weapons and Tactics (SWAT) Team 10. Application by Carrasco & Associates for Approval of a Final Subdivision Map to Subdivide the 10.26 Acre Cabana Hotel Property located at 4290 El Camino Real into 14 Single-Family Residential Lots and One Parcel for the Cabana Hotel Facilities, Tract No. 9071 MOTION PASSED 9-0 for Item Nos. 3 - 7, 9 and 10. MOTION PASSED 7-0 for Item No. 8, Mossar and Ojakian Αnot
participating.≅ CLOSED SESSION 11. Conference with City Attorney--Potential Initiation of Litigation Subject: Potential Initiation of Litigation on One Separate Matter Authority: Government Code section 54956.9 (c) UNFINISHED BUSINESS 12. PUBLIC HEARING: The Palo Alto City Council will consider an
appeal by Victor Greene of the Zoning Administrator=s approval of a Fence Variance condition limiting the height of a six-foot fence that is currently located in a site distance triangle for property located at 581 Addison Street. The condition allows the fence to be located in the vision site
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distance triangle if it is four feet or less in height. (continued from 11/16) Item was removed at the request of the appellant. REPORTS OF OFFICIALS 13. Audit of Utilities Operations Overtime City Auditor William Vinson reported that internal controls in the Utilities Department were adequate and operating as designed. Staff had taken corrective action on the recommendations presented
in the report. He believed when the Auditor=s office was providing the Council with findings and recommendations and could also report to the Council that action had already been taken or corrective action was in process was indicative of how an audit could and should work. He thanked staff instrumental in performing the audit. No action required. 14. Recommendation to Incorporate the Heating, Ventilation, and Air Conditioning Unit for the Community Theatre at the Lucie Stern Community Center into the Infrastructure Management Plan Schedule Council Member Mossar requested more information regarding the time frame that was proposed in the staff report (CMR:125:99). She recollected that the item was important and the Council wanted the project to move forward. She was surprised to see the time frames in the report and felt that more information was required. Director of Public Works Glenn Roberts said staff took its direction from the City Council in July 1998 related to the implementation of the air-conditioning project and integrated it into the Infrastructure Management Program (IMP) schedule and
proceeded to develop alternatives for the Council=s consideration. Staff reviewed two alternatives: 1) develop a stand-alone project to implement the air-conditioning by itself; and 2) further review the project in the context of the IMP program and its overall
needs. Staff=s recommendation stemmed from the nature and age of the Lucie Stern Community Theatre (Theatre). There would be more flexibility in a different setting and a newer building. Given the age and nature of the Theatre and the fact that it was a historic building, a number of issues were brought forward. The historic nature of the building and the fact the air-conditioning would change the building to some extent was important to recognize. Additionally, a rather protracted review and approval process would be necessary. The age of the building created a number of unmet needs which the infrastructure design program was designed to address. Therefore, staff considered the second alternative to be a combined project that would build not only the air-conditioning but would also include all of the other infrastructure needs within 01/19/99 87-447
the Theatre complex on an accelerated basis. Staff believed the second alternative best fit both the desire for an accelerated air-conditioning project schedule and the overall IMP goals to implement projects on a unified basis. Staff was faced with a difficult choice between the stand-alone air-conditioning project, which was not viable for implementation during the fiscal year because of the time line constraints, and completing all of the improvements as one package, recognizing while the schedule would be longer, it would have an additional benefit of disrupting the facility only once. There were a number of pros and cons and no easy answer or single choice; however, staff felt best to recommend a combined project alternative to complete the project at one time and with one disruption. Council Member Mossar clarified the completion date was scheduled for 2001 for the combined project. She asked whether 2001 was a date that staff felt comfortable with. Mr. Roberts said staff felt comfortable with the recommendation. The report was being evaluated in the context of the proposed Capital Improvement Program (CIP). Council Member Kniss was disappointed to hear that the project could not be moved up. She asked whether she was correct in assuming that the project would be delayed for two or three years. Mr. Roberts said that was correct. Council Member Kniss asked staff what the anticipated completion date for the project was. Mr. Roberts said fall 2001. Council Member Huber asked how quickly the project could be finished if only the heating , ventilation, and air conditioning (HVAC) unit portion was completed. Mr. Roberts said staff would propose to add money to start design activities in spring and summer of 1999, engage services to go out to bid in spring 2000, and commence to build in fall 2000 commencing with the Theatre Works schedule. He noted staff would not be able to implement the program in 1999; however, staff would be able to work, at the expense of other schedules, to put together the project for 2000. Mayor Fazzino clarified the project would be completed in the summer of 2000. Mr. Roberts said the project would not be completed at the beginning of summer 2000 unless scheduled activities at the Theatre during the summer were discontinued.
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Council Member Huber asked whether staff recalled what was discussed the prior spring. Mr. Roberts believed staff had not committed to a particular schedule. The 1998 CIP document contained a proposal that was developed as part of the grant that Theatre Works submitted to the David and Lucille Packard Foundation (Foundation) that proposed a schedule for a project in 1999. The proposal was not developed by staff and subsequent review determined the schedule was not feasible. Vice Mayor Wheeler asked what could be done by way of Council action, staff resources, or rearrangement of priorities to move the schedule forward. Mr. Roberts said should Council direct staff to move the schedule forward, staff would want to report back to the Council during the mid-year review when staff would be requesting certain resources to initiate the process. The issues and trade-offs would be: 1) the project would be constrained not only by staff resources but also by the availability of an expedited review process through the
City=s own process of historical review and approvals; 2) staff would need to review what kind of additional contract resources were needed to expedite the process; and 3) staff needed to review other project time lines that would be affected. Vice Mayor Wheeler asked whether there were elements other than the HVAC improvements that had an external impact. Mr. Roberts said most of the improvements were internal and relatively innocuous. The Americans With Disabilities Act (ADA) improvements would have some impact to the interior and exterior of the building. The ADA improvements would be subject to a historical review process. He understood that the historical review process would apply to both the interior and exterior of a National Register building. Council Member Schneider was disappointed in the staff report (CMR:125:99). The time line staff indicated in Attachment D of the staff report was not acceptable. Mr. Roberts said the time line Council Member Schneider was referring to would have taken place had staff not proposed to accelerate the process. He noted that the time line shown on Attachment D of the staff report (CMR:125:99) was not the recommendation before the Council. Council Member Schneider received a letter from Randy Adams of Theatre Works who noted there was a perception in the community that Theatre Works was gone because the Theatre was unoccupied. She did not agree with either of the recommendations and hoped that
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staff could return a recommendation that would push forward the time line.
Council Member Rosenbaum said the Children=s Theatre recently completed two air-conditioning projects. The contractor relayed to him some of the difficulties in the project. He asked whether
the experience with the Children=s Theatre project could be used to expedite the difficult process of adding air-conditioning to an older building. Mr. Roberts said yes; however, the difference was that there were
no other infrastructure improvements pending with the Children=s Theatre project.
Council Member Rosenbaum asked why the Children=s Theatre project experience could not be used to expedite the Lucie Stern project if the Council wished to do the Lucie Stern Community Center Theatre project as a stand-alone project. He had in mind a 16-month project to commence immediately in order to meet a summer 2000 deadline.
Mr. Roberts said staff could research Council Member Rosenbaum=s suggestion further. Randy Adams, 2649 Alma Street, Managing Director Theatre Works, said the facility was empty during the summer and would continue to be empty until the air-conditioning was installed. The theatre was uncomfortable during the summer months. He appreciated all the help in trying to get the project moved forward and believed the project could be completed quickly. Council Member Schneider asked whether the Foundation grant
received to fund the improvements came with a Αuse it or lose it≅ policy or would the money be held. Mr. Adams said the Foundation was kept up to date on the project. The Foundation was understanding regarding the delays; however, the Foundation would like to see the funds used and the Theatre upgraded. Council Member Schneider asked whether Mr. Adams anticipated, once the renovations were completed and the HVAC was installed, that Theatre Works would continue to perform and use the Theatre. Mr. Adams said yes. Council Member Schneider asked whether Theatre Works had a contract with the Mountain View Performing Arts Center (Center) for a certain number of performances.
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Mr. Adams said yes. Theatre Works would be at the Center for over half the year. The Center had bent over backwards to accommodate Theatre Works and cleared space until the renovations were completed. Council Member Kniss asked Mr. Adams what the subscriber response was to the renovation. Mr. Adams said there were many complaints in regard to the heat in the theatre during the summer. The heat was so unbearable that some patrons left the theatre and requested refunds. Many Palo Alto subscribers wondered why Theatre Works was not at the Theatre anymore. At the first of the year, many understood that Theatre Works was not in the Theatre because of the renovations; however, should the project be spread out over the course of four years, it would be difficult to explain to the public why the renovations could not be completed sooner when it was obvious that renovations
performed next door at the Children=s Theatre were done much sooner. Council Member Mossar said staff indicated that proceeding with the air-conditioning project as a stand-alone project meant that other projects would be done in a series after the completion of the air-conditioning project which would disrupt the ability to use the Theatre. She asked Mr. Adams whether the disruption was an issue of concern. Mr. Adams said any disruption would present a problem because Theatre Works, Palo Alto Players, and West Bay Opera occupied the Theatre year-round; however, as long as the disruption was planned for, it was possible. Council Member Huber asked Mr. Adams what months he meant when he said air-conditioning was needed for the summer. Mr. Adams said July and August. The worst months of the summer
were Theatre Works= regular time slot; however, there could be heatwaves anytime during the months of May through October. MOTION: Council Member Huber moved, seconded by Kniss to direct staff to accelerate the time line for the stand-alone HVAC project to be completed by the summer of 2000. Council Member Kniss said there was a question as to the definition of summer and wanted to define summer to mean the facility would be available for use in the summer of the year 2000. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to set the completion date at June 1, 2000. Council Member Eakins noticed on page 3 of the staff report (CMR:125:99) reference to a protracted review and approval process.
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She believed that the Theatre project could be a test case for a streamlined and expedient process. Council Member Ojakian said the last time he attended Theatre Works was at the Center. The performance was well attended by Palo Altans, a few of whom were City employees. He supported commencement of the project as quickly as possible. MOTION PASSED 9-0. COUNCIL MATTERS 15. Mayor Fazzino and Council Member Schneider re Soliciting from Street Medians and Driveway Entrances Mayor Fazzino said it was his intention to refer the item to the Policy and Services (P&S) Committee for further discussion. Council Member Schneider said some near misses and accidents had occurred as a result of roadside solicitation or selling items in public driveways or street medians. She emphasized that the issue was strictly a public safety issue. She asked the City Attorney whether Sunnyvale and Mountain View had ordinances pertaining to soliciting from street medians and driveway entrances. City Attorney Ariel Calonne said yes. MOTION: Council Member Schneider moved, seconded by Fazzino, that the Council direct staff to report back through the Policy and Services Committee with recommendations on policy and a draft ordinance for Council consideration to prohibit soliciting on street medians and driveway entrances. Council Member Ojakian asked what laws were in place that addressed soliciting on medians. Mr. Calonne said there was no ordinance in the Palo Alto Municipal Code (PAMC) that directly addressed solicitation on street medians. Police Chief Patrick Dwyer said there were no laws that directly proscribed the public safety problem and the traffic safety issues. There was one law that related to impeding traffic; however, the law targeted the driver of a vehicle that slowed down causing a rear-end collision. In terms of a person soliciting or selling on a public right-of-way specifically, there were no laws that addressed the issue in the PAMC. Other cities such as Sunnyvale, Mountain View, and Santa Clara had passed ordinances regarding solicitation in the public right-of-way. Mayor Fazzino understood that the Police Department was in support of the referral and the need to evaluate and address the issue of traffic safety.
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Mr. Dwyer believed traffic safety was a legitimate concern. Solicitation in the public right-of-way was a public safety and traffic flow problem that could lead to serious consequences. Council Member Huber supported the referral. Vice Mayor Wheeler asked whether prohibiting certain activities from public sidewalks and street medians would move the problem and the problem of enforcement onto private property. She also asked who would be affected by such a prohibition; for example, would the prohibition affect the Boy Scouts when they sold wreaths during the holiday season or vendors that sold t-shirts and buttons during large events at Stanford University. Council Member Kniss received complaints regarding people who regularly stood or solicited in the public right-of-way. Council Member Mossar asked what the extent of the problem was. She received no complaints regarding a safety problem with solicitation in the public right-of-way and was concerned about adopting an ordinance when there was no problem. Ken Russell, 741 Josina Avenue, American Civil Liberties Union (ACLU), said the troubling image that came to mind was the panhandlers at the Stanford Shopping Center. The public safety issue was relevant; however, there were other competing interests
that were a concern. Frivolous Αband-aid≅ solutions were not the answer. A certain segment of the general public was being targeted, that being the homeless. He urged the Council to acknowledge that there was a problem with homelessness in Palo Alto and to consider the problem with a little humanity. Andrew Pierce, 363 Ely Place, resided near the Town and Country Shopping Center for a number of years. He noted a number of things in the area that disturbed traffic and were a nuisance. Many were affiliated with Stanford University or Palo Alto High School. The City took no action during World Cup Soccer which was disruptive to the neighborhood or during Stanford Football games which were also disruptive. There would always be a perception that one group was being singled out. He asked how soliciting would be defined in a way that would be constitutional. Eve Agiewich, 3427 Janice Way, urged the Council to request the P&S Committee to look into a prohibition of people who express their political views on street corners. If there was a prohibition on solicitation because of a safety issue, people who demonstrated in favor of or against various public issues created a hazard and should be prohibited. The Council would face accusations of singling out a certain segment of the population if the prohibition was not broadened to include all types of activities in the public right-of-way.
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Trina Lovercheck, 1070 McGregor Way, said the ordinance or policy seemed to be directed at a particular group. If safety and distracting drivers were an issue, she questioned why the issue was not addressed sooner. There was a group that protested on the corner of Embarcadero and El Camino Roads regarding U.S. policies. The group protested weekly with large signs, often standing on the corner yelling at drivers as they drove by. She asked why the group, who had been protesting for years, did not trigger a need for an ordinance. She urged the Council to think carefully about
the message sent to the public when restricting people=s civil rights in Palo Alto. Jim Hansen, Alma Place, did not believe the matter at hand was a safety issue. He discussed other safety concerns such as people crossing the street against the light. Mayor Fazzino said the 1995 Aggressive Panhandling Task Force rejected a comprehensive approach of an aggressive panhandling law and instead agreed that focusing on issues surrounding specific behavior made more sense. He emphasized that the intent was to deal strictly with traffic safety issues and not in prohibiting legitimate solicitation, political expression, or panhandling on sidewalks. The focus was on traffic medians and public entrances. He had observed automobiles clipping a median on Alma Road and passing dangerously close to the individual standing on the median. The ACLU had not challenged similar traffic safety ordinances in other local cities because it recognized there was a legitimate traffic safety issue. The focus should be exclusively on the issue of traffic safety and not the broader issues raised by the Human Resources Commission(HRC) and other members of the community. With respect to the individual who stood in the Palo Alto Town and Country Shopping Center driveway, he had witnessed cars stopping on El Camino Real as they entered the parking lot. Dealing with the individual standing in the driveway and the safety of the drivers and passengers was a legitimate traffic safety issue. The City faced the possibility of City liability if the individual was struck. Council Member Mossar said the curb radius of the Town and Country Shopping Center driveway encouraged people to enter the shopping center at speeds that were not compatible with traffic safety. She cautioned that the Council needed to be clear about what its goal was. Council Member Eakins supported the motion. She cautioned that a similar debate not limited to traffic safety could be expected because many people would be inspired to enlarge the issues beyond what the Council wanted to address. MOTION PASSED 9-0. Council Member Ojakian asked when the item would be placed on the P&S Committee agenda.
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Assistant City Manager Emily Harrison said she would report back to the Council on the date the item would be agendized. 16. Council Comments, Questions, and Announcements Vice Mayor Wheeler received a letter from the Human Relations Commission (HRC) regarding a follow-up workshop on rental housing for tenants. Last year, a workshop was presented for landlords. The HRC requested the City co-sponsor the workshop. Without objection, the City Council agreed to co-sponsor the workshop to be held on Saturday, February 13, 1999, at 1:00 p.m., at the Palo Alto Art Center. Mr. Gawf announced that a workshop open to the public to discuss the historic ordinance would be held on Saturday, January 23, 1999, at 9:30 a.m., at the Cubberley Community Center Theatre. ADJOURNMENT: The meeting adjourned at 9:15 p.m. to a Closed Session as described in Agenda Item No. 11. The City Council met in Closed Session to discuss matters involving Potential Initiation of Litigation as described in Agenda Item No. 11. Mayor Fazzino announced for Agenda Item No. 11, Council Member Mossar moved, seconded by Huber, that the City Council directed the City Attorney to initiate litigation, if necessary, to enforce the City=s rights under the Mills Act contract for the Juana Briones House. Motion Passed 9-0. FINAL ADJOURNMENT: The meeting adjourned at 9:30 p.m. ATTEST: APPROVED:
City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours.
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