HomeMy WebLinkAbout1999-09-13 City Council Summary Minutes Regular Meeting September 13, 1999 1. Proclamation Honoring the League of Women Voters of Palo Alto on its 60th Anniversary.................................89-3 2. Proclamations Recognizing Brio Technology, Inc., Incyte Pharmaceuticals, Inc., Legato Systems, Inc., and OmniCell
Technologies, Inc., as Four of Silicon Valley=s 1999 Fast 50 Companies...............................................89-3
3. Resolution 7894 entitled ΑResolution of the Council of the
City of Palo Alto Expressing Appreciation to Albert ΑBert≅ Charlesworth for Outstanding Public Service Upon His
Retirement≅ .............................................89-3 4. Council Selection of Candidates to be Interviewed for the Architectural Review Board..............................89-3 5. Council Selection of Candidates to be Interviewed for the Utilities Advisory Commission...........................89-3 ORAL COMMUNICATIONS..........................................89-3 APPROVAL OF MINUTES..........................................89-4 6. Recommendation to Add Chapter 10.45 to the Palo Alto Municipal Code Regulating Valet Parking - Refer to Policy and Services Committee...............................................89-4
7. Ordinance 4583 entitled ΑOrdinance of the Council of the City of Palo Alto Authorizing an Amendment to Contract Between the City of Palo Alto and the Board of Administration of the Public Employees' Retirement System (Exclusion of Certain
Hourly Classifications from PERS Membership)≅ ...........89-4 8. Agreement Between the City of Palo Alto and Frank Thatcher Associates, Inc. in the Amount of $48,600 for Consulting
Services to Study the City=s Communications Infrastructure89-4 9. Contract Between the City of Palo Alto and Asplundh Tree
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Expert in the Amount of $195,431 for the 1999-2000 Tree Maintenance Project.....................................89-4 10. Contract Between the City of Palo Alto and RER, Inc. in the Amount of $20,000 for Professional Consulting Services Related to Doing Business in a Competitive Environment, Expanding Direct Access Programs, and Analyzing New Markets.......89-4 11. Historic Preservation Ordinance Officer Change to Table of Organization Change.....................................89-5 12. Conference with City Attorney--Potential/Anticipated Litigation..............................................89-5 13. Ordinance of the Council of the City of Palo Alto Amending Title 2 of The Palo Alto Municipal Code (Administrative Code) to Add Chapter 2.25 Establishing a Parks And Recreation Commission..............................................89-5 14. Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code Section 9.48.025 (Prohibition on Sitting or Lying Down on University Avenue) to Remove Speech Necessity Exemption (Section 9.48.025(b)(7)............89-6 15. Mayor Fazzino re Cancellation of the September 20, 1999, City Council Meeting and Scheduling of a Special Meeting on September 21, 1999......................................89-7 16. Council Comments, Questions, and Announcements..........89-7 ADJOURNMENT: The meeting adjourned at 8:40 p.m..............89-11
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:05 p.m. PRESENT: Fazzino, Huber, Kniss (arrived at 7:45 p.m.), Mossar, Ojakian, Rosenbaum, Wheeler ABSENT: Eakins, Schneider SPECIAL ORDERS OF THE DAY 1. Proclamation Honoring the League of Women Voters of Palo Alto on its 60th Anniversary 2. Proclamations Recognizing Brio Technology, Inc., Incyte Pharmaceuticals, Inc., Legato Systems, Inc., and OmniCell
Technologies, Inc., as Four of Silicon Valley=s 1999 Fast 50 Companies
3. Resolution 7894 entitled ΑResolution of the Council of the
City of Palo Alto Expressing Appreciation to Albert ΑBert≅ Charlesworth for Outstanding Public Service Upon His
Retirement≅ MOTION: Vice Mayor Wheeler moved, seconded by Huber, to adopt the Resolution. MOTION PASSED 7-0, Eakins, Schneider absent. Mayor Fazzino announced that the City Clerk would report the results of the Council selection of candidates to be interviewed for the Architectural Review Board and the Utilities Advisory Commission at the end of the meeting. 4. Council Selection of Candidates to be Interviewed for the Architectural Review Board 5. Council Selection of Candidates to be Interviewed for the Utilities Advisory Commission ORAL COMMUNICATIONS T.J. Watt, homeless, spoke regarding the need to put public record documents on the Internet. Gene Simpson, 750 Paul Avenue, spoke regarding Paul Avenue single-story overlay and presented a petition. Larry Breed, 701 Paul Avenue, spoke regarding Paul Avenue single-story overlay.
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Laura Carroll, 776 Paul Avenue, spoke regarding Paul Avenue single-story overlay. Abner Greene, 741 Paul Avenue, spoke regarding Paul Avenue single-story overlay. Herb Borock, P.O. Box 632, spoke regarding lobbyist registration, and reporting for Cable Co-op franchise renewal, transfer of ownership process, and universal telecommunication service RFP. Stephanie Munoz, 101 Alma Street, spoke regarding municipal ownership of Cable Co-op. APPROVAL OF MINUTES MOTION: Vice Mayor Wheeler moved, seconded by Huber, to approve the Minutes of June 28, 1999, as corrected; July 12, 1999, as submitted; and July 19, 1999, as submitted. MOTION PASSED 7-0, Eakins, Schneider absent. CONSENT CALENDAR MOTION: Council Member Kniss moved, seconded by Mossar, to adopt Consent Calendar Item Nos. 6 - 10, with Item No. 11 removed at the request of the City Manager. 6. Recommendation to Add Chapter 10.45 to the Palo Alto Municipal Code Regulating Valet Parking - Refer to Policy and Services Committee
7. Ordinance 4583 entitled ΑOrdinance of the Council of the City of Palo Alto Authorizing an Amendment to Contract Between the City of Palo Alto and the Board of Administration of the Public Employees' Retirement System (Exclusion of Certain
Hourly Classifications from PERS Membership)≅ (1st Reading 8/9/99, PASSED 8-0, Ojakian absent) 8. Agreement Between the City of Palo Alto and Frank Thatcher Associates, Inc. in the Amount of $48,600 for Consulting
Services to Study the City=s Communications Infrastructure 9. Contract Between the City of Palo Alto and Asplundh Tree Expert in the Amount of $195,431 for the 1999-2000 Tree Maintenance Project 10. Contract Between the City of Palo Alto and RER, Inc. in the Amount of $20,000 for Professional Consulting Services Related to Doing Business in a Competitive Environment, Expanding Direct Access Programs, and Analyzing New Markets
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Contract Between the City of Palo Alto and Pacific Consulting Services, Inc. in the Amount of $50,000 for Professional Consulting Services Related to Doing Business in a Competitive Environment, Expanding Direct Access Programs, and Analyzing New Markets Contract Between the City of Palo Alto and Navigant Consulting, Inc. in the Amount of $80,000 for Professional Consulting Services Related to Doing Business in a Competitive Environment, Expanding Direct Access Programs, and Analyzing New Markets 11. Historic Preservation Ordinance Officer Change to Table of Organization Change Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1999-00 Adding a Full-Time Equivalent Position in the Planning Department MOTION PASSED 7-0, for Items Nos. 6, and 8-10, Eakins, Schneider absent. MOTION PASSED 6-0-1, for Item No. 7, Ojakian Αabstaining,≅ Eakins, Schneider absent. CLOSED SESSION This item may occur during the recess or after the Regular Meeting. City Attorney Calonne announced that Item No. 12 would be removed from the agenda due to an incorrect agenda title. 12. Conference with City Attorney--Potential/Anticipated Litigation Subject: Significant Exposure to Litigation Authority: Government Code section 54956.9(b)(1) ORDINANCES 13. Ordinance of the Council of the City of Palo Alto Amending Title 2 of The Palo Alto Municipal Code (Administrative Code) to Add Chapter 2.25 Establishing a Parks And Recreation Commission City Manager June Fleming said the City Attorney raised an issue regarding the ability of staff to support the increasing number of boards and commissions. Staff would evaluate staffing concerns and if it concluded adjustments in staffing were necessary, recommendations would be incorporated into the budget.
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Council Member Ojakian asked where the Junior Museum fell in respect to the boards and commissions. Ms. Fleming said the Junior Museum would be represented by the Parks and Recreation Commission. The boards and commissions would serve the departments that provided services to the community, at that time, staff discussed the possibility of a Community Services Commission to cover all the services; however, persons that were interested had focused interests and wanted to serve in a capacity where he/she could focus on his/her particular interest. After the Library Advisory Commission was formed, staff was faced with the reality that every major department had a commission, except the
commission that was being recommended at that evening=s meeting. To be responsive to all persons within the community, staff was recommending the Parks and Recreation Commission. Every service within the Community Services Department was represented by a commission; however, it did not mean that support groups such as Friends of the Library would be disbanded. Council Member Mossar asked whether staff considered the best ways to attract an adequate applicant pool which represented the diverse related interests of the Parks and Recreation Commission to select from. Ms. Fleming said staff had not given the matter consideration. The
City Clerk=s Office was responsible for the application process; however, staff would assist the City Clerk by providing advertising suggestions in respect to the application process. MOTION: Council Member Mossar moved, seconded by Huber, to introduce the ordinance establishing a Parks and Recreation Commission (PARC). 1st Reading - Ordinance of the Council of the City of Palo Alto Amending Title 2 of the Palo Alto Municipal Code (Administrative Code) to add Chapter 2.25 Establishing a Parks and Recreation Commission MOTION PASSED 7-0, Eakins, Schneider absent. 14. Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code Section 9.48.025 (Prohibition on Sitting or Lying Down on University Avenue) to Remove Speech Necessity Exemption (Section 9.48.025(b)(7) MOTION: Council Member Huber moved, seconded by Mossar, to introduce the Ordinance. City Attorney Ariel Calonne said the requested amendment was to
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remove the exemption that would allow people to speak while seated in front of Burger King on University Avenue. The exemption was well intended; however, it created more constitutional problems than it solved. By giving the enforcing officer discretion and by being potentially vague in describing that being seated was allowed if necessary to do a First Amendment activity made that particular section of the ordinance vulnerable. It was permissible to be seated on any of the public furniture on University Avenue or on any side streets in town as long as the person was not actually obstructing the sidewalk. 1st Reading - Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code Section 9.48.025 (Prohibition on Sitting or Lying Down on University Avenue) to Remove Speech Necessity Exemption (Section 9.48.025 (b)(7)) MOTION PASSED 7-0, Eakins, Schneider absent. COUNCIL MATTERS 15. Mayor Fazzino re Cancellation of the September 20, 1999, City Council Meeting and Scheduling of a Special Meeting on September 21, 1999 MOTION: Vice Mayor Wheeler moved, seconded by Huber, to cancel the September 20, 1999, City Council Meeting and schedule a Special City Council Meeting for September 21, 1999. MOTION PASSED 7-0, Eakins, Schneider absent. 16. Council Comments, Questions, and Announcements Vice Mayor Wheeler spoke regarding a potential enactment of a temporary moratorium on Paul Avenue for the single-story overlay application process. City Attorney Ariel Calonne said an interim zoning ordinance to stop inconsistent development pending a single-story overlay was the traditional, lawful use of a moratorium. The Council was not able to make assignments during Council Comments, Questions, and Announcements; however, the Council could direct that the matter regarding Paul Avenue be agendized. Vice Mayor Wheeler asked whether appropriate action would be to request the City Manager to agendize the item at the first available opportunity. Mr. Calonne said yes. The matter would be agendized for the Council to discuss. He speculated that between the City Manager, the Director of Planning and Community Development (Director of
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Planning) and himself, staff would have an additional report by that time. Vice Mayor Wheeler asked whether the matter would be a two-step process with a report and an ordinance, or would preliminary discussion be required before drafting an ordinance. Mr. Calonne said there was no time urgency. A person did not acquire a vested right to complete a particular development until he/she pulled all necessary permits and began substantial construction of the property. He believed a two-step process would work and meet any objectives the Council had. Mayor Fazzino said six or nine months prior when the Council approved the Jennifer Way single-story overlay zone there was much anger on the part of Jennifer Way neighbors that an application went through for a second-story. He believed it was reasonable for the Council to enact a short-term moratorium during a formal single-story overlay zone review.
Mr. Calonne said reasonableness was the Council=s policy judgement in the past. The Council was cautious in the use of a powerful legal tool. The only true moratorium that the Council placed was for approximately six weeks in 1996, before the Interim Historic Preservation Ordinance was enacted. He believed a moratorium could be done legally in the case of Paul Avenue. Mayor Fazzino said there were instances of builders obtaining permits before he/she actually owned the property. Director of Planning and Community Environment Ed Gawf said it was possible for a person to apply for a building permit with the understanding that another party would pay for and pick up the building permit at a later date. He contacted the builder in question and discussed the potential of the builder going through the Voluntary Design Assistance Program and working with the City and the neighborhood to create a building that would fit into the neighborhood. Ms. Fleming said she needed to consult with staff and return to the Council with options and recommendations, ensuring that the process was clean and followed procedures. Staff did not want to delay the matter; howevever, staff did not want to act in haste and find an error was made. Mayor Fazzino wanted to view the matter regarding Paul Avenue as a larger policy issue. He asked whether it made sense to put in place a short-term moratorium assuming the Council initiated a formal single-story overlay zone process. Mr. Calonne reiterated that a short-term moratorium could be done.
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Council Member Mossar said the Council needed to make sure that due process could be followed for everyone involved, not just someone who wanted to purchase a piece of property and do something outside of the single-story overlay, but also for those homeowners who wanted the single-story overlay. Unless a mechanism was in place that slowed everything down while the decision was made, then everyone did not have the opportunity to be heard and to influence the outcome. MOTION: Vice Mayor Wheeler moved, seconded by Mossar, to direct the City Manager to agendize the item regarding Paul Avenue single-story overlay. Council Member Rosenbaum stated any Council Member could place an item on the agenda. He was not comfortable with the motion and believed that Council Matters was not the appropriate forum to discuss agendizing the matter. He urged the Council to withdraw the request. Council Member Ojakian supported the motion. Council Member Kniss said the matter involving Paul Avenue was introduced under Council Matters so the Council could bring up concerns or questions that it might have. She was uncomfortable with the motion. Staff was always counted on to agendize matters of concern. She found the precedent uncomfortable and did not support the motion.
Mr. Calonne understood the Council=s position; however, there was nothing unprecedented or inappropriate about directing staff to agendize an item. What Council could not do under Council Matters was assign staff new assignments. Council Member Kniss said if the matter was agendized, then the Council was giving staff a new assignment. She did not understand how agendizing a matter differed from an assignment. Mr. Calonne said agendizing a matter meant identifying the matter on the agenda for the Council to discuss. An assignment to staff meant staff would prepare a report and analysis. After consultation with the City Manager and the Director of Planning, staff could choose to put together information for the Council; however, procedural rules did not allow for the Council to direct staff assignments without previous notice to the public on an agenda. MOTION PASSED 5-1-1, Kniss Αno,≅ Rosenbaum Αabstaining,≅ Eakins, Schneider absent. Council Member Kniss asked how the item would be agendized. She
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was concerned when the matter was brought to the Council that people would want to speak to the agenda regarding single-story overlays. Mayor Fazzino said the item related solely to the request of neighbors of Paul Avenue. Council Member Kniss understood that the item covered single-story overlays. Mayor Fazzino said the Paul Avenue matter was no different than the Jennifer Way, Grove or Louis Road proposals with respect to single-story overlay. The Paul Avenue neighbors came to the Council to ask for consideration. Ms. Fleming said the item related only to Paul Avenue.
Council Member Kniss asked whether it was the Council=s intent to discuss the item as it related to Paul Avenue. Vice Mayor Wheeler said her questions and motion were directed at the item that was presented to the Council at that evenings meeting which was a distinct item. Council Member Kniss wished to change her vote if the single-story overlay was related only to Paul Avenue. MOTION TO RECONSIDER: Council Member Kniss moved, seconded by Fazzino, to reconsider the motion to agendize the item regarding Paul Avenue single-story overlay for the purpose of voting. MOTION TO RECONSIDER PASSED 7-0-1, Rosenbaum Αabstaining,≅ Eakins, Schneider absent. MOTION: Vice Mayor Wheeler moved, seconded by Mossar, to direct the City Manager to agendize the item regarding Paul Avenue single-story overlay. MOTION PASSED 7-0-1, Rosenbaum Αabstaining,≅ Eakins, Schneider absent. Council Member Mossar spoke regarding traffic safety and congestion complaint procedures. She asked what the process was if a member of the public sent a letter stating a concern about traffic issues in a particular location. Ms. Fleming said the letter was treated as a complaint and staff responded to the citizen. Staff would agendize the matter if the issue needed to be returned to the Council for resolution. Council Member Mossar asked whether staff kept track of complaints
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over a period of time regarding the same area. She asked whether the complaints were listed for evaluation by the Transportation Department for traffic calming. Ms. Fleming said if the matter was regarding a stop sign, the complaint was added to a list. If the complaint was regarding traffic calming, staff had the capacity to keep a list to keep track of repeated concerns. Information could be obtained from the complaint tracking system in regards to location and how many complaints were received about a certain area. Council Member Mossar was glad to hear that staff was keeping track of complaints. Ms. Fleming said the complaint tracking system was new and she would be glad to show Council Member Mossar how it worked. Council Member Ojakian received numerous e-mails regarding traffic safety. Officer Jon Hernandez was looking into the Greer Road situation. Officer Hernandez researched accident data over the prior three years on the accident rate and citations given to motorists on Greer Road. Mayor Fazzino spoke regarding the upcoming Council schedule.
Council Member Kniss spoke regarding the outgoing Council Members= attendance at the January 10, 2000, meeting. City Clerk Donna Rogers announced that Francisco Alfonso, Drew Maran, and Paul Vadopalas received four or more votes and would be interviewed on Monday, September 27, 1999, for the Architectural Review Board. City Clerk Donna Rogers announced that George Bechtel, Richard Brand, Paul Kelleher, Thomas McPharlin, Joseph Podolsky, and Charles Powars received four or more votes and would be interviewed on Monday, September 27, 1999, for the Utilities Advisory Commission. ADJOURNMENT: The meeting adjourned at 8:40 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
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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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