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HomeMy WebLinkAbout1989-07-24 City Council Summary MinutesCITY COUNCIL MINUTES =PALO ALTO CITY COUNCI L MEETINGS ARE BROADCAST LIVE VIA KZSU- FREOUENOY9O.1 ON FM DIAL Special Meeting July 24, 1989 PAGE 1. Appointments to the Planning Commission 62-62 Oral Communications 62-63 Minutes of June 19, 1989 62-64 Consent Calendar 62-64 2. Contract with Milton Smith for Laboratory 62-64 Services 3. Contract with Diamond Core Drilling Company, 62-64 Inc. for Concrete Saw Cutting 4. Contract with Rayaond Eragato, Inc. for Utility Trench Surface Restoration 5. Contract with Digital Equipment Corpor.tion 62-64 for Hardware Acquirition System (SCADA) 6. Resolution amending the Merit System Rules and 62-64 Regulations Regarding Causes for Disciplinary Action for Employees under Federal Grants 7. Ordinance Amending the Chapter "Sewer Use Ordinance" and to Restate the Provisions Thereof in their Entirety 9, Ordinance Adding Sections to the Palo Alto Municipal Code to Provide for Su nary Refunding of Outstanding Bonds 62-64 62-64 62-65 62-60 7/24/89 2.23121 9. ITT Marsh Enhancement Plan Consultant Report 10. Award of Option to Lease -- Community Skating, Inc., 3009 Middlefield Road 11. University/Hamilton Avenues Underground Conversion Project (Underground District No. 31) 12. Mayor Larry Klein regarding the 1989-90 Golden Triangle Budget and Work Plan, and Report on 1988-89 Legislation Affecting the Golden Triangle Ad j ournment to a Closed Sea.. pion to discuss Personnel Matters at 9:16 p.m. Final Adjournment at 11:25 p.m. PAGE 62-65 62-69 62-70 62-71 62-71 62-71 62-61 7/24/89 Special Meeting July 24, 1989 The City Council of the City of Palo Alto met on this date in the Council Chambers at 8:02 p.m. Mayor Klein announced that a Special Joint Meeting with the Historic Resources Board was held at 7:00 p.m. in the Council Conference Room. Mayor Klein also announced a need for a Closed Session to discuss Personnel matters pursuant to Government Code Section 54957 to be held immediately following the meeting. PRESENT: ABSENT: Bechtel, Cobb, Klein, Fletcher, Levy, Renzel, Sutorius (arrived at 8:04 p.m.), Woolley Patitucci SPECIAL ORDERS OF THE DAY 1. Two appointments to the Planning Commission (702-03) Mayor Klein indicated the following seven people had applied for the positions on the Planning Commission for four-year terms ending July 31, 1993: Bernard Beecham, Patricia Cullen, Marvin Feinstein, William Glazier, William T.Y. Roo, Tomas Moran, and Natalie Wells. Council Member Cobb indicated there wore three particularly good candidates and he would divide his vote between experience and "new blood." He would vote for Pat Cullen on the first ballot on the basis of her long experience, knowledge, and contributions. On the second ballot he would vote for Bern Beecham who had spent the last nine months reading every Planning Commission packet, and had attended a large number of its meetings. He was very well prepared to step in and do the job. Mr. Glazier was also an excellent candidate and he encouraged his continued interest. Council Member Woolley believed there should be a two -term limit for the Council and the Boards and Commissions. She would vote for Bern Beecham on the first ballot because she agreed his preparation was a good indicator of his dedication. She would vote for Bill Glazier on tilt, second ballot for his knowledge of City studies, and his interesting ideas for entry level housing in Palo Alto. Vice -Mayor Bechtel intended to vote. for Pat Cullen and Bern Beecham for reasons previously stated. She disagreed regarding a two -term limit. Experienced people added a real dimensi.ne to the Commission. 62-62 7/24/89 Council Member Levy followed Commissioner Cullen's performance on the Commission with approbation. However, he agreed a two -term limit for Council Members and Boards and Commission members would contribute to more positive and wide -spread community participation in all phases of the City's governance. He would support Bern Beecham and William Glazier. The candidates for the Planning Commission were excellent. Council Member Sutorius commended Pat Cullen and Helene Wheeler for their distinctive service on the Commission; however, he agreed any appointive or elective body serving the public profited from a balance between experience and new exposures. Therefore, he would support Bern Beecham and William Glazier. The excellent pool of candidates made the choice difficult, but would make a► good result for the City. Council Member Renzel would continue to support Pat Cullen for her hard work, experience, continued interest, and contributions to the Commission. She would support Bern Beecham on the second ballot because he had shown strong interest and presented fresh thoughts to the process. Mayor Klein would vote for Commissioner Cullen on the first ballot. He opined Bern Beecham was the best prepared candidate the Council had seen, and he would support him on the second ballot. VOTING FOR BEECHAM: VOTING FOR CULLEN: RESULTS OF THE FIRST BA,L,DOT Levy, Sutorius, Woolley Bechtel, Cobb, Fletcher, Klein, Renzel City Clerk Gloria Young announced that Patricia Cullen received five votes and was appointed. RESULTS OF TH ySEQOND BALLOT VOTING FOR BEECH: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Woolley Ms. Young announced that Bern Beechaa received eight votes and was appointed. ORAL COMMUNICATIO 4$, Mayor Klein welcomed Ralph White of Neighbors abroad and the visitor from Linkoping, Sweden. 62-6►3 7/24/89 0 Ralph White, Neighbors Abroad, introduced Steig Linguist, Director of Recreation from Linkoping, Sweden. Steig Linguist greeted the City Council. Ed Power, 2254 Dartmouth Street, spoke regarding the Palo Alto Harbor. PTAH, 524 Middlefield Road, spoke regarding world peace and golden days dollar for golden days work. NIW[,JTES OF JUNE 19, X9$9 MOTION: Council Member Sutorius moved, seconded by Woolley, approval of the Minutes of June 19, 1989, as submitted. MOTION PASSED 8-0, Patitucci absent. MITIEZELSALENIME NOTION: Council Member Sutorius moved, seconded by Bechtel, to approve Consent Calendar Items 2 - 8. 2. Contract with Milton Smith for Laboratory Services (1202) (CNR:375:9) 3. Contract with Diamond Core Drilling Company, Inc. for Concrete Saw Cutting (1010) (CMR: 3 79:9) 4. Contract with Raymond J. Bragato, Inc. for Utility Trench Surface Restoration and change orders up to $20,655 (1105) (CMR:380:9) 5. Contract with Digital. Equipment Corporation for Hardware Maintenance for Supervisory Control and Data Acquisition System (SCADA) (270) (CMR:369:9) 6. RESOLUTION 6809 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1002 OF THE MERIT SYSTEM RULES AND REGULATIONS REGARDING CAUSES FOR DISCIPLINARY ACTION TO INCLUDE FOR EMPLOYEES UNDER FEDERAL GRANTS, UNLAWFUL MANUFACTURE, DISTRIBUTION, DISPENSATION, POSSESSION OR USE OF CONTROLLED SUBSTANCES" (516) (CMR:378:9) 7. Ordinance 1st Readirq entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 16.09 TO RETITLE THE CHAPTER "SEWER USE ORDINANCE" AND TO RESTATE THE PROVISIONS THEREOF IN THEIR . ENTIRETY" (1070) (CXR: 349:9 ) 62-64 7/24/89 8. QRDINANCE 3887 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OP PALO ALTO ADDING SECTIONS 13.16.170 AND 13.16.180 TO CHAPTER 13.16 (ASSESSMENT BOND PROCEDURE) OF THE PALO ALTO MUNICIPAL CODE TO PROVIDE FOR SUMMARY REFUNDING OF OUTSTANDING BONDS" (1st Reading 7/10/89, PASSED 8-0, Patitucci absent) (404) NOTION PASSED 8-0, Patitucci absent. REPORTS OF OFFICIALS 9. ITT Marsh Enhancement Plan Consultant Report (1122-02) (CMR:360:9) Council Member Cobb asked about the benefits to the community of the reduced plan. Director of Public Works Dave Adams said the proposed plan could be a pilot program to use marshlands for disposal of treatment plant effluent. It would have positive environmental benefits to the community and to the Baylands. Staff had worked with the California Coastal Conservancy (CCC) and other agencies and consultants to develop a viable plan. Council Member Renzel asked how much could be used for operation and maintenance from the sewage treatment plant fund. Mr. Adams stated the amount would be determined after assessing operational requirements. If the salt water marsh were part of the program, it may not be chargeable to the Water Quality Control Plant and the partners would need to agree to use those funds. Council Member Woolley queried scaling down the proposals still further if the grant funding did not match the $1.2 million dollars for the scaled -down approach in Scenario 2. She asked if the ongoing operating costs would be affected, particularly the portion picked up by the General Fund, and whether that would ever be less than $10,000. Environmental Compliance Division Manager Phil Babel did not believe the ongoing operating costs would ever get below $10,000. Council Member Levy asked if the staff recommendation was to not tarry on with any of the scenarios outlined. Mr. Adams stated the staff recommendation was based upon budgetary considerations. Staff was not opposed to the project, but the project would commit the City to additional expenditures. 62-65 7/24/89 Council Member Levy referred to Scenario 2 and queried whether the expenditures were for the City directly, and would not be reim- bursed by the CCC or other sources. He clarified the figures of $0 from Capital Expenditures, $10,000 a year from the General Fund, and between $10-30 thousand dollars a year from the Wastewater Fund. Mr. Bobel said the figures were correct and funding for Scenario 2 from outside sources was likely. Council Member Levy clarified the costs were $30,000 a year for the first three years from the Wastewater Fund and $10,000 a year thereafter; and the cost to the General Fund of $10,000 a year for maintenance purposes. Mr. Bobel. said that was correct. Trish Mulvey, 527 Rhodes Drive, spoke on behalf of the salt marsh harvest mouse and shared pictures of last year's mouse census. Local, state, and federalpolicies called for wetland enhancement and restoration and one goal of the San Francisco Estuary Project would restore Wildlife habitat. Fish and game wildlife representa- tives testified during the permit hearings last December to the hundreds of acres of salt marsh habitat degraded by the three South Bay sewage treatment plants. She urged Council to endorse Montgomery Scenario 2, for the salt marsh restoration and creation of the seasonal freshwater pond. Any Zimpfer, Director of the San Francisco Estuary Project, said the San Francisco Estuary Project, was a five-year effort to promote effective management of the estuary as a result of growing concern about the estuary, the health of the Bay, and the Delta. She thanked Council Member Renzel for her active participation in the project. Five main areas of concern were the decline of biological resources, including wetlands, aquatic life and wildlife; four potential causes due to increased pollutants into the estuary; declined freshwater flow into the estuary; intensified land use; and increased waterway modifications. Last year, the ITT site was identified as a potential area to receive funding through the Estuary Project in concert with the CCC for enhancing the wetlands throughout the area. ,Jim King, represented the CCC which favored approaching the CCC Board for implementation funds. The freshwater marsh potential for beneficial use of municipal effluent also represented an important expansion of freshwater habitat for a number of species. The South Bay was very significant in the Pacific. Flyway, and the ITT Project would be very significant towards maintaining it. 62-66 7/24/89 Council Member Sutorius noted the dollars projected in Scenario 2 were at $1,153,000. He asked Mr. King whether the amount would be fully funded by the CCC. Mr. King believed the project would be fully funded by the CCC. Peter Steinhart, 717 Addison Avenue, was concerned about the Pacific Flyway and disappearing wetlands, especially in the central part of the flyway. Last year, a National Wetlands Task Force recommended present wetlands be maintained and added; however, wetlands continue to be lost, mainly because developers and local jurisdictions externalize the costs of development, hoping to pass on responsibility for future restoration to a State or Federal Agency. Palo Alto had been extremely good about preserving its Baylands. A degraded salt marsh was the result of freshwater outflows and the waters off Palo Alto featured clams with the highest metal content known to scientist as a result of Palo Alto's sewage plant. He urged Council to continue with the Marsh Enhancement Plan. Gail Smithson, 464 Maureen Avenue, represented the Sequoia Audubon Society of San Mateo County. She stated wetlands preservation was a top priority for Bay Area Audubon Societies and urged support of Option 4, enhancing the existing salt marsh while creating a scaled -down version of the freshwater marsh. They opposed termination of the Marshland Enhancement Project and believed beneficial use of wastewater could be achieved by the proposed alternative. A portion of historic salt marshes had been lost due to freshwater marsh conversion from wastewater disposal sewage treatment plants. Enhancing the existing salt marsh would be critical in the plan to create a freshwater marsh. The Society recommended maintenance and upkeep expenses of the project be funded by the Wastewater Fund, not the General Fund. Grants from Ducks Unlimited, Proposition 70, and Santa Clara Parks Fund should also be investigated. The City would be required to spend $10,000 annually on the Marsh Project in order to receive $1,000,000 in matching funds from the CCC. She presented a letter from Dr. Kathy E. Frees of the Center for Conservation Biology at Stanford University who recommended the City proceed with restoration of the San Francisco Bay Wetlands as proposed in the Palo Alto Baylands Master Plan. Rob Colwell, 281 Margarita Court, a director of the Santa Clara Audubon Society, urged Council to restore habitat and to set a model for other cities along the Pacific Flyway and the Bay Area to follow. The Santa Clara Audubon Society urged support for Option 4. Ann Briggs, 480 Hale Stre=et, represented the Peninsula Conserva- tion Center (PCC), and urged Council to move ahead with the ITT 62-67 7/24/89 1 1 Marsh Enhancement Plan and apply for the CCC funds. Using the Wastewater Fund for the Project's ongoing maintenance costs was appropriate because if the Water Quality Control Plant were not in operation, marsh conversion would not be a problem. Paying for the Marsh Enhancement should be considered a normal cost of doing business. Bob Moss, 4010 Orme, echoed the sentiments of all of the previous speakers. He stressed the importance of appropriating local funds to obtain grant funds thereby leveraging moneys wisely. The project was ecologically essential to the Bay and to the Pacific Flyway. He urged the adoption of staff recommendation 4 to proceed with the ITT Marsh Enhancement Project. John Heckmann, 235 Embarcadero, was a Consulting Assistant Professor of Human Biology at Stanford and co-founder of the Stanford Environmental Education Group and Environmental Action Group. He stressed the role of Council in areas of management and vision. Foothill Park was an example of Council vision in the 1950's. Many people queried the wisdom of buying a park relatively inaccessible when outdoor recreational use was lower than today, but the wisdom of the purchase was amply proven. He encouraged Council to act on vision for the future. MOTION: Council Member Levy moved, seconded by Renzel, to implement Scenario 2, staff recommendations found in CMR:360:9, Page 7, as follows, with Recommendation 2 to return to Council on August 7, 1989: 1. Adopt the mitigated Negative Declaration. 2. Adopt a Resolution authorizing the City Manager to submit a grant application to and accept funding fro the CCC for an Marsh Enhancement Plan (MEP) project as described under Option 4 of staff report CMR:360:9 (Project scope reduced to be compatible with the maximum available CCC grant estimated to be in the $1,000,000 range). 3. Indicate in the application that City funds are not available for MEP capital costs so that it is clear that full funding by CCC is being requested. List the salt marsh only (Scenario 3) Alternative, Attachment E, CMR:360:9) as a back-up in the event that the CCC finds even the scaled back, two marsh system to be too expensive. 4. Direct staff to report back to Council following action by the CCC and, if approved, prepare and submit the following for Council approval action: a) Budget Amendment Ordinance; and b) Award of consultant agreement for the final design and implementation phases of the MEP project. 62-68 7/24/89 Council Member Levy stated the importance of the project for the community and for the Pacific Flyway. The costs of $10,000 a year from the General Fund and $10,000 to $30,000 a year from the Wastewater Plant were well worth it. If the Wastewater Plant was responsible for the degradation at the ITT Marsh, it should be fully taxed for the remedies. Scenario 2 would be an excellent return for the City of Palo Alto. Council Member Renzel supported the opportunity to contribute to the enhancement of wetlands, to improve the environment on the Pacific Flyway, and to provide a good habitat for endangered species known to exist in the area. The project was an oppor- tunity at little cost to restore environmental values lost through the years. She urged Council to support the proposal and hoped staff would work to scale the project back, keeping it simple while still achieving the objectives. Mayor Klein supported the motion. He thanked the speakers for their participation, and regretted the incorrect message that budgetary constraints were so severe Council couldn't afford the project. The budget contained several items over $10,000 to $20,000 a year, and the City had resources available for other high -priority projects such as the ITT Marsh Plan. The project would help the City and serve as a model for others to follow. Council Member Sutorius commended staff and other agencies in the study and the analysis of the various alternatives. He believed monitoring was a fundamental and important part of the project and it was reasonable for the monitoring costs of $10,000 a year for three years to be incorporated into the grant application. He repeated Mr. King's support of funding by the CCC for monitoring costs. He queried if an amendment to the motion before Council was needed to incorporate monitoring costs into the grant application. Mr. Adams said no. It would be part of the negotiation process. MOTION PASSED 8-0, Patitucci absent. 10. Award of Option to Lease - Community Skating, Inc. - 3009 Middlefield Road (300) (CMR:376:9) Council Member Cobb queried whkther the YMCA would continue operating the tennis courts. Re -1 Property Manager Bill Ferman reported the YMCA ha, asked to continue on a year-to-year basis. Jan R. Van der Lean, 3090 Ross Road, President of Community Skating, Inc., urged Council to adopt the staff recommendation. 62-69 7/24/89 i He expressed appreciation to Bill Fellman for his efforts in preparing the report. MOTXON: Council Member Cobb moved, seconded by Sutorius, approve staff recommendations as follows: 1. Authorize the Mayor to sign the 30 -month Option to Lease. 2. Authorize the Mayor to sign the lease upon notice from the Manager, Real Property, that all conditions of the Option to Lease have been fully satisfied. KOTIO T PASSED 8-0, Patitucci absent. 11. University/Familton Avenues Underground Conversion Project (Underground District No. 31) (1130) (CMR:381:9) Council Member Sutorius did not participate due to a conflict of interest. Council Member Cobb queried whether the cable television structures were underground instead of conduits. Director of Utilities Richard Young said underground structures needed under streets were normally constructed by Pacific Bell or Cable Co-op, but both parties were involved in conflict resolution, thereby delaying the process. To protect against having to tear the street up again to lay the structures, staff decided to proceed and bill Pacific Bell and Cable Co-op later. MOTION: Council Member Bechtel moved, seconded by Cobb, to approve staff recommendations to: 1. Approve and authorize the Pryor to execute the construction contract with Lewis & Tibbitts Inc. in the amount of $1,106,407 for the University/Hamilton underground conversion project, including the installation of CATV street crossing structures it City expense. 2. Authorize the City Manager or his designee to negotiate and execute► one or more change orders to the construction contract with Lewis and Tibbitts Inc., the value of which change orders shall not exceed $115,000. 3. Approve the University/Hamilton Joint Construction Agreement with Pacific Bell Company, and authorize the Mayor to execute this document on behalf of the City. Mo?IO* PARS 7.0-1, Sutorius not participating," Patitucci absent. 62-70 '!/24/89 COUNCIL MATTE 12. Mayor Larry Klein re 1989-90 Golden Triangle Budget and Work Plan, and Report on 1988-89 Legislation Affecting the Golden Triangle (1045-01) NOTION: Council Member Klein moved, seconded by Bechtel, to adopt the 1989-90 Golden Triangle Budget and Work Plan. Council Member Fletcher clarified the Golden Triangle Revised 1989- 90 Workplan referred to "six" member cities. Mayor Klein said the report should have reflected five member cities. Council Member Woolley referred to the updated housing goal and the development of a distribution method among the Task Force Member agencies. She queried whether the TasA Force had discussed steps to be taken after allocation had been decided. Mayor Klein said no. The Golden Triangle Task Force felt the distribution method was one of the most difficult tasks facing the organization. If distribution was achieved, the major task would be completed. Council Member Woolley was happy to see Mike Evanhoe at the Inter - Governmental Council (IGC) Restructuring Task Force meetings. Some regional growth management and transportation planning were issues the IGC was also undertaking, and she was pleased to see the Golden Triangle Task Force and the IGC working together. Mayor Klein said cooperation between agencies was one of the main goals Mike Evanhoe and his staff had undertaken. Recent legisla- tion considered setting up a new authority in each county, aid rather than another authority, staffs of various agencies, such as the Measure A group, Golden Triangle, IGC, and Santa Clara County coordinated efforts with respect to the implementation of those bilks. NOTION PARSED 8-0, Patitucci absent. ?DJ URNMENT: The meeting adjourned to a Closed Session to discuss Personnel Matters at 9:16 p.m. FINAL ADJOURNMENT: The meeting adjourned at 11:25 p.m. 62-71 7/24/89 ATTEST: APPROVED: NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Section 2.04.200(b). The City Council meeting tapes are retained in the City Clerk's Office for two years from the date of the meeting, and the Finance and Public Works Committee and Policy and Procedures Committee meeting tapes are retained for six months. Members of the public ma' listen to the tapes during regular office hours.