HomeMy WebLinkAbout1999-07-12 City Council Summary Minutes Special Meeting July 12, 1999 ORAL COMMUNICATIONS........................................88-407 1. Conference with Labor Negotiator......................88-407 2. Conference with Labor Negotiator......................88-407 ADJOURNMENT: The meeting adjourned at 7:00 p.m.............88-407 1. Council Selection of Candidates to be Interviewed for the Planning Commission...................................88-408 ORAL COMMUNICATIONS .......................................88-408 APPROVAL OF MINUTES........................................88-408 2. Amendment No. 3 to Contract C6085795 with CH2M Hill, Inc. in the Amount of $670,000 for Construction Management, Inspection Compliance Testing and Operations Permit Services for the Incinerator Rehabilitation Project at the Regional Water Quality Control Plant.................................88-409 3. Contract Between the City of Palo Alto and Andes Construction, Inc. in the Amount of $510,148 for Project 8, Sanitary Sewer Replacement...........................................88-409
4. Ordinance 4572 entitled ΑOrdinance of the Council of the City of Palo Alto Amending Chapter 1.12 of Title 1 [General Provisions] of the Palo Alto Municipal Code Providing for Administrative Citations and Penalties and Amending Chapter 1.16 of Title 1 [General Provisions] of the Palo Alto Municipal Code Providing for Administrative Remedies for
Continuing Violations≅ ................................88-409
5. Ordinance 4573 entitled ΑOrdinance of the Council of the City of Palo Alto Repealing Chapter 17.34 of Title 17 of the Palo Alto Municipal Code Relating to Environmental Review of
Hazardous Materials Storage Permits≅ ..................88-409
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6. Change Order to Contract No. C8099229 Between the City of Palo Alto and Advanced Environmental Technical Services to Increase the Value of the Second and Third Year from $35,000 to $105,000 for City Hazardous Waste Management and Emergency Response Services ....................................88-409 7. Contract Between the City of Palo Alto and Nolte & Associates, Inc. in the Amount of $186,142 for Design of Intersection Improvements at Page Mill/Hanover Roads and San Antonio/Nita Avenues...............................................88-409 8. Contract Between the City of Palo Alto and Davey Tree Surgery Company in the Amount of $675,000 for the First Year of an Annual Power Line Clearing Project Renewable for Up to Five Years.................................................88-409 9. 1st Reading - Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Elinor Cogswell Plaza........................................88-409
10. Authorize Signature of the Energy Star7 License Agreement
Regarding Participation in the Energy Star7 Program Created by the Environmental Protection Agency and Department of Energy......................................................88-410 11. Conference with Labor Negotiator......................88-410 12. 1st Reading - Ordinance of the Council of the City of Palo Alto Repealing and Reenacting Chapter 9.60 of Title 9 of the Palo Alto Municipal Code Regulating the Civic Center Block88-410 13. Transmittal of a Feasibility Study for a Downtown Child Care Center at Ramona Street and Channing Avenue and Approval to Submit a Request for Proposals to Select a Center Developer and Operator..........................................88-411 14. Council Comments, Questions, and Announcements........88-415 ADJOURNMENT: The meeting adjourned at 8:30 p.m. to a Closed Session...............................................88-415 FINAL ADJOURNMENT: The meeting adjourned at 9:30 p.m.......88-415
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:00 p.m. PRESENT: Eakins, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Wheeler ABSENT: Fazzino, Schneider ORAL COMMUNICATIONS None. CLOSED SESSION 1. Conference with Labor Negotiator Agency Negotiator: City Manager and her designees pursuant to the Merit System Rules and Regulations (Jay Rounds, Susan Ryerson, Nick Marinaro, Judith Jewell) Represented Employee Organization: International Association of Firefighters (IAFF), Local 1319 Authority: Government Code section 54957.6 2. Conference with Labor Negotiator Agency Negotiator: City Manager and her designee pursuant to Compensation for Unrepresented Employees (June Fleming, Jay Rounds) Unrepresented Employee Groups: Management, Confidential and Hourly Authority: Government Code section 54957.6 The City Council met in Closed Session to discuss matters involving Conference with Nabor Negotiator as described in Agenda Item Nos. 1 and 2. Vice Mayor Wheeler announced that no reportable action was taken on Agenda Item Nos. 1 and 2. ADJOURNMENT: The meeting adjourned at 7:00 p.m.
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Regular Meeting July 12, 1999 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:05 p.m. PRESENT: Eakins, Fazzino (participated in Closed Session), Huber, Kniss, Mossar, Ojakian, Rosenbaum, Wheeler ABSENT: Fazzino (until 8:30 p.m.), Schneider SPECIAL ORDERS OF THE DAY 1. Council Selection of Candidates to be Interviewed for the Planning Commission City Clerk Donna Rogers announced that Kathryn Schmidt received four or more votes and would be interviewed on Monday, July 19, 1999. [Note later action] ORAL COMMUNICATIONS Bunny Good, P.O. Box 824, Menlo Park, spoke regarding Mayor
Fazzino=s invitation from George W. Bush. Sylvia J. Smitham, 2514 Birch Street, spoke regarding housing and traffic. Susan Richardson, P.O. Box 1035, spoke regarding flooding. Lynn Chiapella, 631 Colorado Avenue, spoke regarding permits and conditions of approval. Herb Borock, P.O. Box 632, spoke regarding pre-appointment conflict of interest analysis, fiber backbone, and 905 Middlefield Road. Suzan Endaie, P.O. Box 2745, Cupertino, spoke regarding Lucie Stern wedding reception. Ed Power, 2254 Dartmouth Street, spoke regarding politics. APPROVAL OF MINUTES MOTION: Council Member Mossar moved, seconded by Rosenbaum, to approve the minutes of May 24, 1999, as corrected. MOTION PASSED 7-0, Fazzino, Schneider absent. CONSENT CALENDAR MOTION: Council Member Mossar moved, seconded by Huber, to approve Consent Calendar Item Nos. 2 - 10.
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2. Amendment No. 3 to Contract C6085795 with CH2M Hill, Inc. in the Amount of $670,000 for Construction Management, Inspection Compliance Testing and Operations Permit Services for the Incinerator Rehabilitation Project at the Regional Water Quality Control Plant 3. Contract Between the City of Palo Alto and Andes Construction, Inc. in the Amount of $510,148 for Project 8, Sanitary Sewer Replacement
4. Ordinance 4572 entitled ΑOrdinance of the Council of the City of Palo Alto Amending Chapter 1.12 of Title 1 [General Provisions] of the Palo Alto Municipal Code Providing for Administrative Citations and Penalties and Amending Chapter 1.16 of Title 1 [General Provisions] of the Palo Alto Municipal Code Providing for Administrative Remedies for
Continuing Violations≅ (1st Reading 6/21/99, PASSED 5-0,
Huber, Kniss, Rosenbaum, Schneider absent)
5. Ordinance 4573 entitled ΑOrdinance of the Council of the City of Palo Alto Repealing Chapter 17.34 of Title 17 of the Palo Alto Municipal Code Relating to Environmental Review of
Hazardous Materials Storage Permits≅ (1st Reading 6/21/99, PASSED 5-0, Huber, Kniss, Rosenbaum, Schneider absent)
Ordinance 4574 entitled ΑOrdinance of the Council of the City of Palo Alto Amending Section 17.48.010 of Chapter 17.48 of Title 17 of the Palo Alto Municipal Code Relating to
Enforcement of Hazardous Materials Storage Regulations≅ (1st Reading 6/21/99, PASSED 5-0, Huber, Kniss, Rosenbaum, Schneider absent) 6. Change Order to Contract No. C8099229 Between the City of Palo Alto and Advanced Environmental Technical Services to Increase the Value of the Second and Third Year from $35,000 to $105,000 for City Hazardous Waste Management and Emergency Response Services 7. Contract Between the City of Palo Alto and Nolte & Associates, Inc. in the Amount of $186,142 for Design of Intersection Improvements at Page Mill/Hanover Roads and San Antonio/Nita Avenues 8. Contract Between the City of Palo Alto and Davey Tree Surgery Company in the Amount of $675,000 for the First Year of an Annual Power Line Clearing Project Renewable for Up to Five Years 9. 1st Reading - Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Elinor Cogswell Plaza
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1st Reading - Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to Edith Eugenie Johnson Park 1st Reading - Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to El Camino Park
10. Authorize Signature of the Energy Star7 License Agreement
Regarding Participation in the Energy Star7 Program Created by the Environmental Protection Agency and Department of Energy
Resolution 7875 entitled ΑResolution of the Council of the
City of Palo Alto Supporting the U. S. Department of Energy=s
Energy Star7 Program≅ MOTION PASSED 7-0, Fazzino, Schneider absent. CLOSED SESSION
This item may occur during the recess or after the Regular Meeting. 11. Conference with Labor Negotiator Agency Negotiator: City Council Ad Hoc Personnel Committee (Lanie Wheeler, Gary Fazzino, Dick Rosenbaum, Sandy Eakins) Unrepresented Employees: City Manager June Fleming Authority: Government Code section 54957.6 ORDINANCES 12. 1st Reading - Ordinance of the Council of the City of Palo Alto Repealing and Reenacting Chapter 9.60 of Title 9 of the Palo Alto Municipal Code Regulating the Civic Center Block Senior Executive Assistant Audrey Seymour said a committee was created under the guidance of Assistant City Manager Emily Harrison. The committee consisted of members of various City departments to consider regulations to enable appropriate use of City facilities. The departments included City Manager, Community Services, Public Works, Police, City Clerk, City Attorney and Administrative Services. The committee looked at regulations for the libraries and community centers which were developed and enacted in July 1998 through authority granted to the City Manager. The remaining facility for the committee to review was the Civic Center. In the development of the regulations, the Committee was careful to prevent exclusion of people from the seat of government. The regulations for the building were included as an information report. The previous ordinance included only regulations
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prohibiting obstruction of passage, the posting of signs, climbing on certain structures, biking and skating, and the consumption of alcoholic beverages. The committee identified additional problems in need of regulation which included the disposal of trash or other hazardous waste that would present a slipping hazard to the plaza, excessive weight on the plaza slab, commercial activities, camping, and prohibition on climbing on structures including plants and planters. The ordinance proposed to make clear that the plaza was open for public use as a free speech forum without restriction as to the content of the use and without an application process that would impose fees or other burdens. The ordinance was reviewed by the Human Relations Commission who offered general feedback as to
take caution not to deny access or infringe people=s rights. MOTION: Council Member Huber moved, seconded by Kniss, to approve the staff recommendation that the City Council introduce the ordinance amending Chapter 9.60 of the Palo Alto Municipal Code (PAMC) regulating the Civic Center Block. MOTION PASSED 7-0, Fazzino, Schneider absent. REPORTS OF OFFICIALS 13. Transmittal of a Feasibility Study for a Downtown Child Care Center at Ramona Street and Channing Avenue and Approval to Submit a Request for Proposals to Select a Center Developer and Operator Vice Mayor Wheeler said she would not participate in the item because of a conflict of interest. Vice Mayor Wheeler announced that Council Member Huber would chair this section of the meeting. Council Member Mossar said she would not participate in the item because of a conflict of interest. Senior Executive Assistant Audrey Seymour said the City had a history of commitment to child care which included hiring a full-time Child Care Coordinator and the provision of school-age care and the subsidy of low-income care. There was a need for additional child care in Palo Alto, especially for infants and toddlers in the Downtown area. Reasons for the demand included increases in the number of families with children, women in the workforce, employed Palo Altans, and number of jobs in Palo Alto. Staff learned that parents of young children who chose to have their child in care preferred to have the care close to the
parents= workplaces. City staff mentioned an interest in child care close to City Hall. Child care providers saw long waiting lists for infant, toddler, and pre-school care, and vacancy rates were low. Two policies in the Comprehensive Plan were noted: one called for the City to play a role in identifying potential locations in public facilities for child care services, and the other called for the City to work with developers to recognize the
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impact that development had on the demand for child care. The City was given the opportunity to facilitate the development of child care in the Downtown through a development agreement with the Palo Alto Medical Foundation (PAMF) for their Urban Lane campus. Land at Channing Avenue and Ramona Street was provided for the purpose of a child care center. The City worked with a consultant, and the consultant study found that an economically viable center was possible at the site to provide high quality care to 81 infants, toddlers, and pre-school age children. With Council approval, the next step was to approve and issue a Request for Proposal (RFP) to select a center developer and operator. The developer and operator could be the same entity or two separate entities. Staff felt the alternative of issuing an RFP and working with a contractor was most feasible rather than City staff committing time and limited capital funds to the construction and/or ongoing operation of a center. Staff worked with a consultant to develop the RFP which stated what the City expected of a developer and operator. The developer was to finance and manage the construction of a high quality center within a reasonable timeframe and to specify reasonable lease payment terms for the center operator. The operator was to plan and manage a high quality center, giving priority enrollment to City employees and make timely lease payments to the center developer to repay construction financing costs. The RFP suggested what the City might offer in the partnership to facilitate implementation of a center which included a cost free land lease for 35 years, the services of a design consultant to help with the design of the center, and exemption from City fees. Staff believed the last two items represented approximately $30,000 in costs. Since there was little margin in providing high quality child care, staff was aware it might be appropriate at some point to explore additional types of assistance the City might provide. Council Member Ojakian asked how much money was currently in the Child Care Trust Fund (Trust Fund). Ms. Seymour said the Trust Fund consisted of approximately $200,000. Council Member Rosenbaum said at first glance 81 children on the small site seemed like quite a few. He asked whether that amount would be unusual compared to other sites. Ms. Seymour said great care was given to meet or exceed the standards set for high quality child care in terms of square footage per child. There was a need to put the administrative offices on a second floor in order to keep the square feet per child on a first floor for the program area. No sacrifices were made in terms of the size of the space for the children. Council Member Rosenbaum said there seemed to be some ambiguity as to how the construction would be paid. He noticed in the RFP that
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the developer or operator should plan on putting aside $200,000 per year to pay off the cost of construction. An estimate from the consultant of revenues and expenses showed a 100 percent occupancy would be required. He asked about the discussion of raising money for construction from other sources. Ms. Seymour said the feasibility study gave direction to the consultant to give staff a sense of options that might be available for financing. The study discussed different sources of funding.
When the RFP was put together, it was staff=s choice to assume that the entity that responded to the RFP for the development of the operation would finance the construction of the center, whether that be through the issuance of construction bonds or another manner. Staff felt there might be a need to look at other ways the City might assist with the facilitation of development of the center. Council Member Rosenbaum clarified there would be $200,000 put towards paying off the construction if there were no satisfactory responses to the RFP. Ms. Seymour said the $200,000 was an estimate the staff received
based on the work of the consultant and staff=s investigation of local conditions for development. A developer might have the ability to build a high quality center for a total construction cost that was less than was estimated and the cost per year to repay the construction financing might be less. Council Member Huber asked when the 35-year lease started. Ms. Seymour said the lease started in January 2000. Council Member Huber asked about the timeline on page 6 of the Draft Scope of Work of a Request for Proposals, Attachment C of the staff report (CRM:276:99) which started with July 8 for an RFP. Ms. Seymour said staff hoped to issue the RFP within the current week which would change the timeline. Council Member Huber asked for information on the parking issues. Assistant City Manager Emily Harrison said the Planning Department was confident that with the development in the Palo Alto Medical Foundation/South of Forest Avenue (PAMF/SOFA) area, parking could be provided following negotiations with developers. Professionals in the area advised staff that it was not unusual to shuttle employees from off-site parking locations. Joe Seither, 967 N. California Avenue, Chairman, Board of
Directors, Children=s Pre-School Center at Cubberley, thanked the City for a sustained effort to develop a Downtown facility and the PAMF for its donation of land. There was more demand for child
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care in the City than could be accommodated. There was in excess
of 300 children on the Children=s Pre-School Center=s waiting list. The Work-Life Office at Stanford maintained a waiting list in excess of 400 children. The feasibility study made economic sense with one shortfall. The study did not anticipate rates of growth in the major cost element of operating a center which was staff payroll. His staff payroll ran approximately 85 percent of total cost and was growing faster than he would like. Staff turnover was a problem because of the administrative resources involved with hiring and training and the relationship between the staff and the children. He was concerned with the financials in the feasibility study indicating there would be $200,000 on an operating basis to service debt or make lease payments to a developer. With the effort put forth by the City during the prior eight years and the interest from the daycare community, the center could be a reality. MOTION: Council Member Kniss moved, seconded by Rosenbaum, to approve the staff recommendation as follows: 1) Approve the issuance of a Request for Proposals to select a developer/operator of a downtown child care center at Ramona Street and Channing Avenue. 2) Authorize the City Manager to enter into a land lease to provide the selected developer/operator with the property at Ramona Street and Channing Avenue, without cost, for 35 years. Council Member Kniss found the map of Licensed Child Care Homes, included in the staff report (CMR:276:99), interesting. She recalled when there was limited child care in the community. She presumed staff would look at the group that was selected as addressing the needs of very young children. Council Member Eakins hoped the map which was a wonderful visual
for people looking for child care was on the City=s website. Council Member Kniss said the Family Resource Center established a website, and she hoped there would be a link to the map. Council Member Ojakian asked how the Trust Fund was used. Ms. Harrison said the Trust Fund was intended to be used for the development of a child care center in the Downtown area. The only use at the current time was for the consultant who prepared the feasibility study. Council Member Ojakian clarified some of the remaining funds could be used toward the facility. Ms. Harrison said that would be possible.
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Council Member Ojakian said there was a need for child care in Palo Alto, and it was a benefit to the City to have more facilities. MOTION PASSED 5-0, Mossar, Wheeler Αnot participating,≅ Fazzino, Schneider absent. COUNCIL MATTERS 14. Council Comments, Questions, and Announcements MOTION: Council Member Kniss moved, seconded by Eakins, to reconsider Item No. 1 regarding Selection of Candidates to be interviewed for the Planning Commission. MOTION PASSED 7-0, Fazzino, Schneider absent. MOTION: Council Member Kniss moved, seconded by Eakins, to cancel the interview of Kathryn Schmidt and move forward with selection on Monday, July 19, 1999. MOTION PASSED 7-0, Fazzino, Schneider absent. ADJOURNMENT: The meeting adjourned at 8:30 p.m. to a Closed Session. Mayor Fazzino participated in the Closed Session via telephone conferencing from Washington, D.C. The City Council met in Closed Session to discuss matters involving Conference with Labor Negotiator as described in Agenda Item No. 11. Vice Mayor Wheeler announced that no reportable action was taken on Agenda Item No. 11. 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
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available for members of the public to listen to during regular office hours.
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