HomeMy WebLinkAbout1999-07-26 City Council Summary Minutes Special Meeting July 26, 1999 ORAL COMMUNICATIONS........................................88-431 1. Appointment to the Planning Commission................88-431 2. Amendment No. 2 to Contract C9107678 Between the City of Palo Alto and Kennedy Jenks Consultants in the Amount of $400,000 to Expand the Turn Key Services to Include the Redesign and Upgrade of the Fourth Clarifier at the Regional Water Quality Control Plant.........................................88-432 3. Contract Between the City of Palo Alto and Testing Engineers, Inc. in the Amount of $101,300 for Soils & Materials Testing Services..............................................88-432 4. Agreement Between the City of Palo Alto and Safety-Kleen California Incorporated in the Amount of $380,000 for Household and Conditionally Exempt Small Quantity Generator Hazardous Waste Management Program Services ..........88-432 5. Amendment No. 1 to Contract No. DE-MS65-85WP59007 Between Western Area Power Administration and the City of Palo Alto for a Right to Purchase Electric Service Under the 2004 Power Marketing Plan........................................88-432
6. Ordinance 4575 entitled ΑOrdinance 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≅ ...............................................88-432
7. Ordinance 4576 entitled ΑOrdinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to
Elinor Cogswell Plaza≅ ................................88-432 8. Request for Authority to Participate in Amicus Curiae in the Ninth Circuit Court of Appeal on Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 34F.Supp.2d 1226 (D. Nev. 1999)........................................88-432
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8A. Response to Draft Supplemental Environmental Impact Report for the Woodland Creek Apartments, 1982 West Bayshore Avenue, East Palo Alto.............................................88-432 9. PUBLIC HEARING: Resolution of the Council of the City of Palo Alto Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment of the Respective Properties Herein Described...........................88-433 10. City Council Action to Fill Vacancy Due to Resignation of Council Member Micki Schneider........................88-433 11. Council Comments, Questions, and Announcements........88-434 ADJOURNMENT: The meeting adjourned at 7:55 p.m. to a Study Session re Cable Co-op, Refranchising, and Transfer of Ownership Process...............................................88-434 STUDY SESSION..............................................88-435 ADJOURNMENT: The meeting adjourned at 8:55 p.m.............88-436
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:15 p.m. PRESENT: Eakins, Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Wheeler MOTION: Mayor Fazzino moved, seconded by Wheeler, to move Oral Communications forward before Special Orders of the Day. MOTION PASSED 8-0. ORAL COMMUNICATIONS Ed Power, 2254 Dartmouth Street, spoke regarding the Palo Alto Harbor maintenance. James Sheridan, 1732 Middlefield Road, spoke regarding his flag lot
and neighbor=s 15-foot high addition. Donna Sheridan, 1732 Middlefield Road, spoke regarding her flag lot
and neighbor=s 15-foot high addition. Council Member Kniss requested staff follow up on the issue and asked for a timeframe. City Attorney Ariel Calonne reported the issue was a matter of pending litigation, and there was mediation which he did not feel comfortable discussing at the present time. He believed the interpretation made by Senior Planner George White was correct. The speakers raised a fair policy question for the Council. Mayor Fazzino encouraged the City Manager to place an item on a future agenda regarding policy implications. SPECIAL ORDERS OF THE DAY 1. Appointment to the Planning Commission City Clerk Donna Rogers announced that Kathryn Schmidt received five votes and was appointed on the first ballot. APPROVAL OF MINUTES The Council Minutes of June 7 and June 8, 1999, were removed by Council Member Eakins for corrections. CONSENT CALENDAR MOTION: Vice Mayor Wheeler moved, seconded by Kniss, to approve Consent Calendar Item Nos. 2 - 8A.
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2. Amendment No. 2 to Contract C9107678 Between the City of Palo Alto and Kennedy Jenks Consultants in the Amount of $400,000 to Expand the Turn Key Services to Include the Redesign and Upgrade of the Fourth Clarifier at the Regional Water Quality Control Plant 3. Contract Between the City of Palo Alto and Testing Engineers, Inc. in the Amount of $101,300 for Soils & Materials Testing Services 4. Agreement Between the City of Palo Alto and Safety-Kleen California Incorporated in the Amount of $380,000 for Household and Conditionally Exempt Small Quantity Generator Hazardous Waste Management Program Services 5. Amendment No. 1 to Contract No. DE-MS65-85WP59007 Between Western Area Power Administration and the City of Palo Alto for a Right to Purchase Electric Service Under the 2004 Power Marketing Plan
6. Ordinance 4575 entitled ΑOrdinance 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≅ (1st Reading 7/12/99, PASSED 7-0, Fazzino, Schneider absent)
7. Ordinance 4576 entitled ΑOrdinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to
Elinor Cogswell Plaza≅ (1st Reading 7/12/99, PASSED 7-0, Fazzino, Schneider absent)
Ordinance 4577 entitled ΑOrdinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to
Edith Eugenie Johnson Park≅ (1st Reading 7/12/99, PASSED 7-0, Fazzino, Schneider absent)
Ordinance 4578 entitled ΑOrdinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Improvements to
El Camino Park≅ (1st Reading 7/12/99, PASSED 7-0, Fazzino, Schneider absent) 8. Request for Authority to Participate in Amicus Curiae in the Ninth Circuit Court of Appeal on Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 34F.Supp.2d 1226 (D. Nev. 1999) 8A. Response to Draft Supplemental Environmental Impact Report for the Woodland Creek Apartments, 1982 West Bayshore Avenue, East Palo Alto
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Jeffrey Shore, 1905 Edgewood Drive, member of Creek Action Committee which was actively involved in monitoring the project on the East Palo Alto side of San Francisquito Creek, displayed a chart from the appendix to the Woodland Creek Hydrological Analysis on the overhead which showed one line which was the water surface elevation assuming that the flood wall barrier was put in place and a second line which was the water surface elevation assuming the existing condition in 1991. There was a two-foot water surface elevation increase upstream of Newell Road. The Environmental Impact Report (EIR) did not address the water surface elevation. C.J. Myers, 1863 Edgewood Drive, member of Creek Action Committee, said the big concern with the project was flooding. West Bayshore Road bordered the project and was not conducive to pedestrian or bicycle traffic. Mitigation was needed in order for people to safely get to the Edgewood Plaza Shopping Center. MOTION PASSED 8-0. PUBLIC HEARINGS 9. PUBLIC HEARING: Resolution of the Council of the City of Palo Alto Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment of the Respective Properties Herein Described Mayor Fazzino asked City Clerk Donna Rogers if any written objections were received. City Clerk Donna Rogers responded that she had not received any written objections. Mayor Fazzino declared the Public Hearing open. Receiving no requests from the public to speak, he declared the Public Hearing closed. MOTION: Vice Mayor Wheeler moved, seconded by Huber, to approve the staff recommendation that the Council hear and consider objections from affected owners of proposed assessments related to completed weed abatement work and approve modify the assessments for weed abatement.
Resolution 7878 entitled ΑResolution of the Council of the City of Palo Alto Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment of the
Respective Properties Herein Described≅ MOTION PASSED 8-0. REPORTS OF OFFICIALS
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10. City Council Action to Fill Vacancy Due to Resignation of Council Member Micki Schneider MOTION: Council Member Kniss moved, seconded by Wheeler, to appoint Micki Schneider to fill the vacancy ending December 31, 1999, or until such time a successor is elected to fill the unexpired term ending December 31, 2001. Mayor Fazzino thanked Council Member Schneider for her willingness to serve for the remainder of the year. Her continued participation in Council activities was appreciated. Council Member Schneider was seated at the dias and welcomed by the Council. MOTION PASSED 8-0. City Clerk Donna Rogers said that the Palo Alto Charter stipulated when there was a Council vacancy, an election would be held at the next General Election for Council Members. The Election Code stipulated a timeframe for the publishing of the notice of election for the November 1999 election which had passed; however, in the legal opinion of the City Attorney, the Charter superseded the Election Code in allowing the Council seat to be placed upon the November ballot. City Attorney Ariel Calonne said State Law established a timeline for publishing a notice of election. The resignation and vacancy occurred after that timeline. He believed the Charter compelled the election in November, and the Council action at the current meeting was required and lawful. He advised the City Clerk that she had no choice but to put the question to the voters. He did not anticipate any contrary view from Santa Clara County. MOTION: Council Member Huber moved, seconded by Kniss, to approve the staff recommendation that the City Council adopt the amended resolution calling for a general municipal election on November 2, 1999, to fill the unexpired term of Micki Schneider, commencing January 1, 2000.
Resolution 7879 entitled ΑResolution of the Council of the City of Palo Alto Amending Resolution No. 7867 Calling its General Municipal Election of Council Members, Requesting Services of the Registrar of Voters, and Ordering the
Consolidation of Said Election≅ MOTION PASSED 9-0. COUNCIL MATTERS 11. Council Comments, Questions, and Announcements 07/26/99 88-434
ADJOURNMENT: The meeting adjourned at 7:55 p.m. to a Study Session re Cable Co-op, Refranchising, and Transfer of Ownership Process. STUDY SESSION The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:35 p.m. ROLL CALL PRESENT: Eakins, Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Wheeler Council Member Mossar said she would not participate in the item because of a conflict of interest. Council Member Huber said he would not participate in the item because of a conflict of interest. Mary Jo Borak, City of Menlo Park Mayor Pro Tem, was concerned about the proposed sale price from AT&T to Cable Co-op and the proposed endowment for Mid-Peninsula Access Corporation (MPAC) or a community television supporting activity. Ric Peoples spoke regarding his interest in maintaining local cable control. Sylvia Smithams was concerned about the subscribers lack of information on the sale of Cable Co-op to AT&T and was interested in maintaining local cable programming. Arthur Schneider was in favor of Cable Co-op staying in existence and was concerned about AT&T taking over. Marvin Lee spoke was in favor of the City maintaining a locally controlled cable system. The support for Cable Co-op was strong in
the community. He felt AT&T=s only concern was to obtain telephone and Internet control in the community. Herb Borock said when the City Council awarded the cable television franchise in 1985, an ordinance was enacted that required registration of lobbyists and placed recording requirements on lobbyists. The sale of Cable Co-op, extending the franchise agreement, and a Request for Proposal for a telecommunication system involved large sums of money, and he felt it would be wise for the Council to reenact an ordinance on lobbying as was done in 1985. Michael Eager said AT&T was a telephone company monopoly. If Cable Co-op was sold to AT&T, he hoped the Council would place an open access provision in the franchise agreement. He stressed that
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access to any Internet Service Provider (ISP) for data communications should be possible in the franchise agreement. Bob Moss, Cable Co-op Board Member, spoke regarding the confidentiality issues ongoing with AT&T and Cable Co-op. He felt the proceeds from the sale of Cable Co-op to AT&T would be used to pay off existing debt, with money going to Cable Co-op employees, members, and local access community based services. A request went to the Council to form a Joint Power Authority (JPA) with Cable Co-op, and the JPA opportunity was still available to the Council. He felt Cable Co-op could not perform in the future to meet the needs of the community without securing additional funding. Mayor Fazzino asked the City Attorney to prepare a procedure for the Council to use regarding conflict of interest. Administrative Services Director Carl Yeats introduced Sue Buske from The Buske Group, the cable communications consultant retained by the City. The Council asked questions of staff and Ms. Buske regarding the processes. Mr. Yeats announced that another study session would be held in late September or early October regarding cable. No action required. ADJOURNMENT: The meeting adjourned at 8:55 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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