HomeMy WebLinkAbout1999-05-10 City Council Summary Minutes Special Meeting May 10, 1999 1. Joint Meeting with Santa Clara County Supervisor Joe Simitian......................................................88-208 ORAL COMMUNICATIONS........................................88-208 ADJOURNMENT: The meeting adjourned at 7:00 p.m.............88-208 1. Council Selection of Candidates to be Interviewed for the Historic Resources Board..............................88-209 ORAL COMMUNICATIONS........................................88-209 APPROVAL OF MINUTES........................................88-209 2. Approval of Amendments to Chapter 1.12 and Chapter 1.16 of Title One of the Palo Alto Municipal Code Establishing Administrative Citations, Penalties and Remedies for Municipal Code Violations.......................................88-210 3. Creation of Transportation Commission; Review of Transportation Issues; and Development of an Implementation Plan for the Comprehensive Plan Transportation Element - Refer to the Policy and Services Committee..................88-210 4. Introduction of an Ordinance Adopting the 1998 California Fire Code with Local Amendments; Making Certain Findings; and Setting a Public Hearing for May 24, 1999.............88-210 5. Contract Between the City of Palo Alto and Maze and Associates for External Audit Services...........................88-210 6. Submittal of List of Transportation Projects for Inclusion in the Santa Clara Valley Transportation Plan 2020.......88-210 7. United States Environmental Protection Agency Casmalia Disposal Site deMinimis Settlement Offer..............88-210
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8. Contract Between the City of Palo Alto and Larry Walker Associates for Consultant Services to Assist the Regional Water Quality Control Plant in Fulfilling the Requirements of the Wastewater Discharge Permit.......................88-210 9. PUBLIC HEARING: The Finance Committee recommends to the City Council re Community Block Grant Funding..............88-210 10. PUBLIC HEARING: Ordinances Adopting Various Parts of the 1998 California Building Standards Code (Consisting of State Amendments to the 1997 Uniform Building, Mechanical, and Plumbing Codes, and the 1996 National Electrical Code); and Enacting Local Amendments.............................88-213 11. Ordinance of the Council of the City of Palo Alto Adopting Chapter 16.28 of the Palo Alto Municipal Code (Grading and Erosion and Sediment Control).........................88-214 12. Ordinance of the Council of the City of Palo Alto Amending the Budget for Fiscal Year 1998-99 to Provide an Additional Appropriation of $380,000 and to Establish Capital Improvement Project (CIP) Number 9916, Fiber to the Home (FTTH) Trial88-214 13. Council Members Eakins, Mossar, Wheeler and Mayor Fazzino re Establishing an Eruv in Palo Alto.....................88-216 14. Council Comments, Questions, and Announcements........88-218 ADJOURNMENT: The meeting adjourned at 8:55 p.m.............88-218
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The City Council of the City of Palo Alto met on this date in the Council Conference Room at 5:55 p.m. PRESENT: Eakins (arrived at 6:00 p.m.), Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Schneider, Wheeler SPECIAL MEETINGS 1. Joint Meeting with Santa Clara County Supervisor Joe Simitian A. Welcome and Introductory Remarks B. Stanford Community Plan Update (Eakins, Fazzino, Kniss, Ojakian, Wheeler) C. Social Services for the Homeless (Fazzino, Mossar, Schneider, Staff)
∃ County Homeless Outreach Team
∃ Bay Area Regional Initiative
∃ Clara Mateo Shelter D. Transportation Issues (Eakins, Ojakian, Schneider, Staff)
∃ Measure A and B Funds
∃ County Expressway Resurfacing at Page Mill Road/Oregon Expressway/Foothill Blvd.
∃ Maintenance and Cleaning of Page Mill Road/Oregon Expressway Underpass at Alma E. Y2K Compliance (Schneider) F. County Issues (Kniss, Wheeler, Staff)
∃ Future of the 5th District
∃ Future of the Cities in the County
∃ County Budget Status/Relationship with Cities
∃ County Emergency Medical Services (EMS) RFP No action required. ORAL COMMUNICATIONS Mayor Fazzino announced that oral communications would be continued to the Regular City Council Meeting of May 10, 1999. ADJOURNMENT: The meeting adjourned at 7:00 p.m.
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Regular Meeting May 10, 1999 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:15 p.m. PRESENT: Eakins, Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Schneider, Wheeler SPECIAL ORDERS OF THE DAY 1. Council Selection of Candidates to be Interviewed for the Historic Resources Board City Clerk Donna Rogers announced that Martin Bernstein, Phyllis Butler, Roger Kohler, Carol Murden, and Iqbal Serang received four or more votes and would be interviewed on Monday, May 24, 1999. ORAL COMMUNICATIONS Rosemary Stevens, 366 Iris Way, spoke regarding the leash law. Daniel Cher, 25 Iris Way, spoke regarding the leash law. Ed Power, 2254 Dartmouth Street, spoke regarding politics. Craig Woods, 1127 Webster Street, spoke regarding historic preservation. Ron Andersen, 33 Magnolia Drive, Calistoga, spoke regarding non-residents denied use of Foothills Park. Jared Bernstein, 1330 Tasso Street, spoke regarding a letter from Ed Gawf. Marlene Prendergast, Executive Director, Palo Alto Housing Corporation, 725 Alma Street, spoke regarding 753 Alma Place. Carroll Harrington, 830 Melville Avenue, spoke regarding the historic preservation ordinance. APPROVAL OF MINUTES MOTION: Council Member Eakins moved, seconded by Kniss, to approve the Minutes of March 8, 1999, as submitted. MOTION PASSED 9-0.
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CONSENT CALENDAR MOTION: Council Member Kniss moved, seconded by Wheeler, to approve Consent Calendar Item Nos. 2-4 and 6-8 with Item No. 5 removed and continued to the meeting of May 17, 1999. 2. Approval of Amendments to Chapter 1.12 and Chapter 1.16 of Title One of the Palo Alto Municipal Code Establishing Administrative Citations, Penalties and Remedies for Municipal Code Violations - Refer to Policy and Services Committee 3. Creation of Transportation Commission; Review of Transportation Issues; and Development of an Implementation Plan for the Comprehensive Plan Transportation Element - Refer to the Policy and Services Committee 4. Introduction of an Ordinance Adopting the 1998 California Fire Code with Local Amendments; Making Certain Findings; and Setting a Public Hearing for May 24, 1999
Ordinance 1st Reading entitled ΑOrdinance of the Council of the City of Palo Alto Repealing and Reenacting Title 15 of the Palo Alto Municipal Code for the Adoption of the 1998
California Fire Code and Local Amendments Thereto≅ 5. Contract Between the City of Palo Alto and Maze and Associates for External Audit Services 6. Submittal of List of Transportation Projects for Inclusion in the Santa Clara Valley Transportation Plan 2020 7. United States Environmental Protection Agency Casmalia Disposal Site deMinimis Settlement Offer 8. Contract Between the City of Palo Alto and Larry Walker Associates for Consultant Services to Assist the Regional Water Quality Control Plant in Fulfilling the Requirements of the Wastewater Discharge Permit MOTION PASSED 9-0. PUBLIC HEARINGS 9. PUBLIC HEARING: The Finance Committee recommends to the City Council re Community Block Grant Funding Council Member Huber said the Finance Committee (the Committee) dropped the funding request for the $60,000 Palo Alto Police Department Health and Safety Team and transferred the money to the Alliance for Community Care to Rehabilitate Waverley Street House. The Committee suggested that the Urban Ministry of Palo Alto (UMPA) monies be returned to the Committee as part of the Human
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Services Resource Allocation Process (HSRAP) rather than via the Community Development Block Grant (CDBG). The Committee requested that the Police Department return to the Committee $60,000 from the General Fund for the program that was requested under CDBG. The
Committee suggested the UMPA and the Police Department=s request for homeless services be viewed under the General Fund. Eugene Hyman, Santa Clara County Superior Court Judge, 191 N. First Street, San Jose, said during his years of service with the Court, he noticed a number of individuals brought before the Court with mental health issues. Part of the problem was the limited resources that were available to help the individuals. There was a shortage of housing for people with mental disabilities and a general prejudice in communities in general in terms of not wanting to have half-way houses or facilities to assist the mentally disabled. Lee Gernand, 101 Alma Street, #501, said there was a desperate need for housing for the mentally disabled in Palo Alto. She urged the Council to approve the request for funding for the renovation of Waverley Street House. Nancy Samelson, 841 Esplanada Way, Stanford, said there was a great need for housing for the mentally ill. She spoke in support of funding for the UMPA. Joann Lundgren, 296 Creekside Drive, reiterated the need for rehabilitation of Waverley Place. Don Lundgren, 296 Creekside Drive, said he noticed the lack of housing for the mentally disabled when his daughter became ill. He urged the Council to support funding for the rehabilitation of Waverley Place. Philip Carter, 221 Iris Way, Representative, Santa Clara County Affiliate, the National Alliance for the Mentally Ill (the Alliance), urged the Council to support the renovation and reactivation of the residence at 650 Waverley Avenue, to serve as an affordable residence and rehabilitation facility for the mentally disabled. At least 3 percent of the population suffered from serious and incurable mental illness. Recovery from the devastation of mental illness required a place to live as well as other medical and counseling service. The Alliance for Community Care (ACC) made the reactivation of Waverley Place a key project in
their efforts to help and his organization supplemented the ACC=s efforts by raising funds. The ACC had a track record and the will to succeed in establishing and staffing an excellent rehabilitation at Waverley Place. He urged the Council to make the maximum possible contribution. Carole McCune, 1662 Stonecrest Road, Placerville, Co-chair, Housing Committee, Alliance for the Mentally Ill, said other sources of
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funding were sought elsewhere to develop the housing resources
needed for Waverley Place rehabilitation. The Council=s funding of the project would enable the Alliance to seek matching funds. She believed recovery and rehabilitation to people with mental illness could happen with the right housing program. Recovery was possible, and the mentally ill could get better; however, they needed to have a decent place to live, closer to their families. Donna DiMinico, Director of the Long Term Care Ombudsman Program, Catholic Charities, 2625 Zanker Road, San Jose, thanked the Council for its support. She noted that for the second year in a row there was a decrease in CDBG funding. Vice Mayor Wheeler said that project was a family-oriented, transitional housing project, with families emerging out of a
homeless situation. Part of the rationale for the Council=s recommendation was the fact that there appeared to be other substantial funds available for that project, and there seemed to be other projects on the list that the Council felt needed support more ungently. Council Member Schneider wished the Council could fund the maximum amounts being requested; however, there were a limited amount of funds. MOTION: Chairperson Huber for the Finance Committee recommends approval of the staff recommendation as follows: 1. Adopt the Resolution and the Annual Action Plan establishing funding allocations for the 1999/00 Community Development Block Grant (CDBG) Program as follows: A. Acceptance of: 1) the recommendations of both the Citizens Advisory Commission and staff with regard to the Community Development Block Grant Public Services money, with the exception of the Palo Alto Police Department Health & Safety Team for the homeless project; 2) the staff recommendation for funding of the administration portion of the Community Development Block Grant; 3) the staff recommendation for funding of the capital project portion of the Community Development Block Grant; and 4) allocate $60,000 of the funds proposed to the Police Department to the Alliance of Community Care for rehabilitation of the Waverley Street home. Further, that the Finance Committee retain for further discussion during the budget process funding out of the General Fund: 1) the Palo Alto Police Department Health & Safety Team request; and 2) the amount of $31,000 to the Urban Ministry of Palo Alto specifically for use in the food program.
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2. Authorize and direct staff to carry out any further required environmental assessments and certifications for each project under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) prior to the commitment of funds. 3. Authorize and direct the City Manager, or designee, to execute and submit the 1990/00 CDBG application and other documentation necessary to file the application with HUD, and to otherwise bind the City with respect to the application, by the May 15, 1999, deadline.
Resolution 7849 entitled ΑResolution of the Council of the City of Palo Alto Approving the Use of Community Development Block Grant Funds for Fiscal Year 1999-2000" MOTION PASSED 9-0. Mayor Fazzino thanked the ACC for the CDBG allocation process. 10. PUBLIC HEARING: Ordinances Adopting Various Parts of the 1998 California Building Standards Code (Consisting of State Amendments to the 1997 Uniform Building, Mechanical, and Plumbing Codes, and the 1996 National Electrical Code); and Enacting Local Amendments Mayor Fazzino declared the Public Hearing open. Receiving no requests from the public to speak, he declared the Public Hearing closed. MOTION: Council Member Schneider moved, seconded by Kniss, to adopt the ordinances.
Ordinance 4559 entitled ΑOrdinance of the Council of the City of Palo Alto Adopting Parts 2, 4 and 10 of the 1998 California Building Standards Code (1997 Uniform Building Code, 1997 Uniform Mechanical Code and California Historical Building Code, Respectively); Amending Chapter 16.04
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of the Palo Alto Municipal Code; and Making Certain Findings with Respect
Thereto≅ (1st Reading 4/19/99, PASSED
9-0)
Ordinance 4560 entitled ΑOrdinance of the Council of the City of Palo Alto Adopting Part 5 of the 1998 California Building Standards Code (1997 Uniform Plumbing Code); Amending Chapter 16.08 of the Palo Alto Municipal Code; and Making Certain
Findings with Respect Thereto≅ (1st Reading 4/19/99, PASSED 9-
0)
Ordinance 4561 entitled ΑOrdinance of the Council of the City of Palo Alto Adopting Part 3 of the 1998 California Building Standards Code (1996 National Electrical Code); Amending Chapter 16.16 of the Palo Alto Municipal Code; and Making
Certain Findings with Respect Thereto≅ (1st Reading 4/19/99,
PASSED 9-0) MOTION PASSED 9-0. ORDINANCES 11. Ordinance of the Council of the City of Palo Alto Adopting Chapter 16.28 of the Palo Alto Municipal Code (Grading and Erosion and Sediment Control) Ordinance of the Council of the City of Palo Alto to Modify Sections 12.08.010 and 12.08.120 of Chapter 12.08, and Modify Section 12.12.020 and Add Section 12.12.030 of Chapter 12.12, of Title 12 of the Palo Alto Municipal Code Pertaining to Permits to Work in the Right-of-way and Permits Relating to Sidewalk Encroachment MOTION: Council Member Huber moved, seconded by Schneider, to approve the staff recommendation as follows: 1. Introduce the ordinance revising Palo Alto Municipal Code Chapter 12.08 - Maintenance and Construction of Streets, Sidewalks, Driveways, and Driveway Approaches, modifying and streamlining the requirements for street work permits, and revising Palo Alto Municipal Code Chapter 12.12 - Encroachments, modifying and streamlining the requirements for encroachment permits.
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2. Introduce the ordinance adopting Palo Alto Municipal Code Chapter 16.28 - Excavations, Grading, and Fills, modifying the requirements for grading permits and adding provisions for erosion and sediment control
Ordinance 1st Reading entitled ΑOrdinance of the Council of the City of Palo Alto to Modify Sections 12.08.010 and 12.08.120 of Chapter 12.08, and Modify Section 12.12.020 and Add Section 12.12.030 of Chapter 12.12, of Title 12 of the Palo Alto Municipal Code Pertaining to Permits to Work in the
right-of-way and permits relating to side-walk encroachment≅
Ordinance 1st Reading entitled ΑOrdinance of the Council of the City of Palo Alto Adopting Chapter 16.28 of the Palo Alto
Municipal Code (Grading and Erosion and Sediment Control)≅ MOTION PASSED 9-0. 12. Ordinance of the Council of the City of Palo Alto Amending the Budget for Fiscal Year 1998-99 to Provide an Additional Appropriation of $380,000 and to Establish Capital Improvement Project (CIP) Number 9916, Fiber to the Home (FTTH) Trial City Manager June Fleming said there were not any changes to the recommendation before the Council; however, the Director of Utilities had done some recalculations and some inaccuracies were
found on page 2 of the staff report (CMR:228:99) under ΑResource
Impact≅. Director of Utilities John Ulrich said on page 2 of the staff
report (CMR:228:99) under ΑResource Impact≅ in looking at the actual connection charge of $1,200 multiplied by 56 homes, the number of residences that would connect, the calculation should actually be $98,400 rather than the $84,000 that was listed as revenue for the first year. The second calculation of $62,000 revenue per month should be $67,560. The miscalculations should not affect the request of $380,000, nor did it affect the payback period which was calculated with the correct revenue. Council Member Mossar asked whether staff was confident that construction and start operation dates were actual dates. Mr. Ulrich said the dates were currently accurate; however, staff would inform the Council of any changes. Council Member Rosenbaum asked whether the budget request reflected the determination that interest still existed. Mr. Ulrich did not have any personal knowledge regarding the amount of interest. The interest he referred to was expressed in the survey and reflected in the staff report (CMR:228:99).
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Michael J. Eager, 1960 Park Boulevard, President Palo Alto Fiber Network, appreciated the Council taking the next step on the FTTH trial. He looked forward to working with staff on improving the schedule and making sure the trial was successful. MOTION: Council Member Kniss moved, seconded by Schneider, to adopt the Budget Amendment Ordinance (BAO) in the amount of $380,000 for the Fiber to the Home (FTTH) trial project and create Capital Improvement Program Project (CIP-9916).
Ordinance 4562 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for Fiscal Year 1998-99 to Provide an Additional Appropriation of $380,000 and to Establish Capital Improvement Project (CIP) Number 9916, Fiber
to the Home (FTTH) Trial≅ Council Member Kniss reminded the Council that the FTTH trial was an unusual step the Council was taking. She emphasized that FTTH was a trial project that was of great interest to the community. She received correspondence from many residents who were enthusiastic about the FTTH trial. MOTION PASSED 9-0. COUNCIL MATTERS 13. Council Members Eakins, Mossar, Wheeler and Mayor Fazzino re Establishing an Eruv in Palo Alto Council Member Eakins said several Council Members were approached by Rabbi Feldman of the Palo Alto Orthodox Minyan with a request for a Palo Alto community eruv. The request was for the City to cooperate in establishing an eruv. An eruv was a symbolic neighborhood enclosure created in recognition of Jewish law to permit carrying on the Sabbath. The eruv would be created by formal City recognition of an area bounded by natural and man-made boundaries like the walls that surrounded ancient cities. In some areas, boundaries would be created by stringing woven twine between existing or new poles, spanning streets or other gaps in the natural boundaries of Palo Alto. She understood that approximately 80 percent of Palo Alto was already enclosed by the San Francisquito Creek, Adobe Creek, and various soundwalls. An eruv helped many members of the Jewish community who observed traditional Jewish practices by permitting them to perform activities that would otherwise be forbidden, such as carrying babies or pushing family members confined to wheelchairs during the Sabbath which was from sundown Friday to sundown Saturday. Other cities such as Skokie, Brookline, Beverly Hills, Baltimore, St. Louis, and Washington D.C. had taken necessary steps to create an eruv for their Jewish communities.
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MOTION: Council Member Schneider moved, seconded by Kniss, to approve the following: 1. Direct the City Manager to investigate the feasibility of using City utility poles or other public works as part of an eruv; and 2. Direct the City Attorney to confirm the legality of establishing an eruv in light of the United States and California Constitutions. 3. If determined feasible and lawful, direct staff to return to Council with documents and actions needed to establish a Palo Alto eruv, following review by the Policy and Services Committee, including, if deemed desirable, referrals to the Public Art or Planning Commission. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND THE SECONDER that the City Council express intention that (a) public funds will not be used for construction and maintenance of eruv and that (b) the City Council will not proceed with establishing an eruv unless it is assured that the eruv corporation can and will pay all legal defense costs and damages in the event of a lawsuit challenging the eruv. Mayor Fazzino was concerned that part of the proposed eruv included the existing Palo Alto utilities system. Council Member
Rosenbaum=s motion might preclude any public funds being used for any part of what constituted the eruv. He clarified that what Council Member Rosenbaum was referring to was the additions for the non-city infrastructure parts of the eruv. Council Member Rosenbaum said there would be some construction costs. Rabbi Feldman indicated that Palo Alto Eruv, Inc. (PAEI), was prepared to spend the money in order to make the improvements. The motion was not designed to state that public facilities could not be used; however, the cost of any changes made to the facilities would be borne by PAEI. City Attorney Ariel Calonne said not expending public funds was a necessary element to ensure that the eruv was perceived as advancing a secular purpose as opposed to a religious purpose. He understood the clarification to say that the City would not expend any additional funds beyond those that might otherwise be spent for existing or future improvements contemplated for secular municipal purposes. City Manager June Fleming said the reason string would be used would be because there was no bridge that defined the area. If the City decided to build a structure in lieu of the string, the structure would be City property and the string would not be needed
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anymore; therefore, the intention of establishing a boundary would be met, and City funds would be used for artistic purposes. City Attorney Calonne said the City had to be vigilant to eliminate the eruv from any thinking of public design or public improvements;
however, that matter was not being discussed at that evening=s meeting. Rabbi Yitzchok Feldman thanked the Council for being open and for enthusiastic to the idea of the eruv. Council Member Kniss asked Rabbi Feldman to describe the eruv in Brookline and whether the subject was brought up in other communities. Rabbi Feldman said there was a list of approximately 100 communities in North America which had an eruv. In each case, someone scouted a route and an expert on the eruv from the point of Jewish law was brought in to ensure everything was up to standard. Council Member Kniss asked whether legal barriers were identified with any of the other communities. Rabbi Feldman said the judicial challenges came up at two levels: District and Federal Court. The matter went to the Appeals Court in the State of New York. In both places, the courts found there were no problems in terms of church and state issues. Council Member Ojakian realized how sensitive the community was culturally regarding separation of state and religion. He was supportive of the idea and believed that the eruv did not only benefit a particular group of people but was a benefit to the entire community. MOTION PASSED 9-0. 14. Council Comments, Questions, and Announcements Council Member Mossar announced that the Peninsula Division of the League of California Cities had agendized the possibility of a split of the San Mateo and Santa Clara Counties for its meeting on Thursday, May 17, 1999. Vice Mayor Wheeler announced that Council Member Eakins agreed to represent the City at the May 17, 1999, Peninsula Division meeting. Council Member Kniss asked City Attorney Ariel Calonne to review the e-mail policy for the City. ADJOURNMENT: The meeting adjourned at 8:55 p.m. ATTEST: APPROVED:
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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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