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HomeMy WebLinkAbout1987-03-09 City Council Summary MinutesCITY COUNCIL MINUTES PALO ALTO CITYCOUNCIL MEETING BARE BROADCAST LIVE VIA KZSU- FREQUENCY9J.1 ON FM DIAL Regular Meeting March 9, 1987 ITEM PAGE Oral Communications 8 1 0 5 Consent Calendar 1„ Ordinance Amending Title 18 (Zoning Code) Regarding Medical and Professional. Offices Grandfathered in Residential Zones 2. Ordinance Approving and Adopting Plans for Certain Improvements on the Municipal Golf Course* 3. Ordinance Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Zone Classification of. the Property Known as 1755 Enbarcadero Road from PF to LM -3(D) 5. Resolution Adopting the Conflict of Interest Coder, fox Designated Positions as Required by Section 2.09.010 of the Palo Alto Municipal Code and Repealing Resolution 6492 6. PUBLIC HEARING: Crescent Park III Underground Conversion Project 7. Policy and Procedures Committee Recommendation re Group Picnic Facilities in City Parks 8. Palo Alto Yacht Harbor Restoration Conceptual Study, CIP 86-06, Consultant. Agreement 8 1 0 6 8 1 0 6 8 1 0 6 8 1 0 6 8 1 0 7 8 1 0 8 8 1 0 9 8 1 0 3 3/09/87 ITEM PAGE 9. Council Legislative Committee re SB 433 (McCorquodale) -- Urgency Legislation Concerning Orders of Contempt Affecting County Government 10. Resolution Establishing Procedures and Requirements for the Consideration of Development Agreements 11. Ordinance Amending Ordinance 3705 (Golden Triangle Floor Area Ratio Moratorium) For Structures Less Than 1,000 Square Feet 11-A (OLD ITEM 4) Ordinance Authorizing Award of a Franchise to Century Federal, Inc. 12. Disposal/Recycle of Hazardous Waste Ash from the Water Quality Control Plant 13. Contract Between Palo Alto Sanitation Company and the City of Palo Alto for Refuse Collection Services and Operation of Recycling Program, and Lease of City -Owned Land by PASCO 14, Report From Council Members Who Attended the National League of Cities Annual CongressionalCity Conference in Washington, D.4. ADJOUR 1''�ENT AT 8:57_2.m. 8 1 1 0 8 1 1 0 8 1 1 0 8 1 1 0 8 1 1 1 8 1 1 2 8 1 1 4 8 1 1 5 Regular Meeting Monday, March 9, 1987 The City Council of the City of Palo Alto met on this date in the Council Chambers, 250 Hamilton Avenue, at 7:30 p.m. PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Renzel (arrived at 8:10 p.m.), Sutorius, Woolley ORAL COMMUNICATIONS 1 and 2. Alison Lee, 1241 Harker Avenue, Chairman of the Standing Committee on the Arts and Sciences; Don Menn,. 1241 Harker Avenue, said the Committee was concerned that a new liability waiver form which parents of minors were required to sign had been introduced and was objectionable in the extent to which it required parents to sign away their rights. They urged Council to look into the matter and work out a mutually satisfactory solution. 3 and- 6. _Alice and Herbert Fischgrund, 750 Torreya Court, expressed concern for the drastic changes.. in the bus system. The system was a good one, and the changes would ..aprison a lot of people because some of the most populace areas downtown would not be. reached. They urged Council to take a position opposing the changes in time to take action before the April 1, 1987, meeting of the Transit Commission Operations Committee. Mayor Woolley understood t that month, e issue would be on the Council agenda 4. Karen Prosser, 103 Tennyson Avenue, President of Friends of the Children's Theater, was concerned about the new liability waiver form for recreation programs and the Children's Theatre. Assistant City Manager June Fleming said parents' concern regarding the new liability release form had come to staff's attention, The form was revised and put in place in November. The agreement was that the City would use the form for six months and would make necessary revisions if problems arose, and staff was. in : the process of doing that and expected to have a new form in place by the end of the week. 8 1 0 5 3/09/87 5. Ben Bailey, 171 Everett, spoke in regard to violation of human rights by the Palo Alto Police Department. 7, 8, 9, and 10. Suzan Stewart, 1550 Middlefield Road; Trudy Reinhardt, 3440 Kenneth Drive, President of the Palo Verde. PTA, Mary Ellen Culver, 646 Lincoln Avenue; and Susan Mitchell, 1259 Pine Street, were concerned about the new liability waiver form for recreation programs and the Children's Theatre and asked that the issue be agendized. CONSENT CALENDAR Mayor Woolley said Item 4, Ordinance Authorizing the Award of a Franchise to Century Federal, Inc., was removed at the request of staff to accommodate clarifying amendments. MOTION( Vice Mayor Sutorius moved, seconded by Klein, approval of the Consent Calendar. 1. ORDINANCE 3741 entitled 'ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 18 (ZONING CODE) REGARDING MEDICAL AND PROFESSIONAL OFFICES. GRANDFATHERED IN RESIDENTIAL ZONES" (1st Reading 2/17/87, PASSED 8.0, Renzel absent) (237-01) 2. ORDINANCE 3742 entitled "ORDINANCE OF "I;' r'NC LI, OF THE CITY OF PALO ALTO APPROVING AND ADOPTING rLANS FOR CERTAIN IMPROVEMENTS ON THE MUNICIPAL GOLF COURSE" (1st Reading 2/17/87, PASSED 7.1, Fletcher "no," Renzel.. Absent) (300) 3. ORDINANCE 3743 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE ZONE CLASSIFICATION OF THE PROPERTY KNOWN AS 1755 EMBARCADERO ROAD FROM PF TO LM -3(D)" (1st Reading 2/17/87, PASSED 7-1, Fletcher "no," Renzel absent) (300) 5. RESOLUTION 6596 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING: THE CONFLICT OF INTEREST CODE FOR DESIGNATED POSITION'S AS REQUIRED BY SECTION 2.09.010 OF THE PALO ALTO MUNICIPAL CODE AND REPEALING RESOLUTION NO. 6492" (1130) MOTION PASSED unanimously, Fletcher voting 'no,* on Items 2 and 3, agobait(' abasest. AGENDA CHANGES, ADDITIONS 1 AND DELETIONS City Manager Bill Zaner said Item 4, Ordinance Authorizing the Award of a Franchise to Century Federal, Inc., would become Item 11-A. 8 1 0 6 3/09/87 6. PUBLIC HEARING: CRESCENT PARK III UNDERGROUND CONVERSION PROJECT CMR:162:7} (1130) Council Member Patitucci would not participate in the item due to a conflict of interest. Mayor Woolley declared the Public Hearing open. Robert H. Johnston, 575 Madison Way, was concerned about disrup- tion to his yard and the extra costs to repair the yard, fences and trees after the underground wires were laid. The poles looked in good order, and he wanted more information on what precipitated the action.: Chief Electrical Engineer Larry Starr said the City had a public meeting in the area the previous spring when all property owners were sent information on what the City was going to do and when. The reason for the underground district was that a pole survey showed that most of the . poles in the City were a t least 40 years old and were not very stable or safe to climb any more. It was not economically feasible to replace all the poles in the back- yards dueto congestion, so the City replaced the oldest poles first, and it was the time_ frame,. for the district in question. Mr. Johnston was concerned about the cost of puttingthe yard back in order. Director of Utilities Richard Young said the underground work took place in the street fronting the houses. The City did not go into the backyard and lay cable. The only work that would occur in the backyard would be when it was time to take down the old wires and pole. At that point, there could be some need to adjust the fence in order to close up where a pole had been taken out, but that was the only disruption that should occur in the yard. Mayor Woolley said staff was well equipped to discuss each indi- vidual property with the property owner, but that kind of informa- tion wasnot in the staff report or public information. Mr. Johnston asked if the proposition was influenced by' cable television. Mr. Stare said no although .the City allowed cable television to put its facilities in along with the City's and the telephone company's. Mayor Woolley declared the public hearing . closed. 8 1 0 7 3/09/87 MOTIONS Council !Welber Bechtel moved, seconded by Menzel, to adopt the ordinance. ORDINANCE .FOR FIRST READING entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO &REDING SECTION 12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF.THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 30" Council Member Fletcher asked if those who borrowed from the City could make their repayments through the tax or utility bills. Mr. Starr said it was through the tax bills. MOTION PASSED unanimously, Patitucci "not participating.* 7. POLICY AND PROCEDURES COMMITTEE RECOMMENDATION RE GROUP PICNIC FACILITIES IN CITY PARKS (CMR:131:7) (1321-24) LOTION: Council Member Renstel for the . Policy and Procedures Committee moved that the large group picnic area.. at Rinconada be ell inated and that the Council evaluate the situation at the end of the suer season. Council Member Cobb asked for staff's estimate of the impact of the motion on Mitchell Park and whether the City planned to include that impact in the monitoring. Director of Recreation Paul Thiltgen said the impact on Mitchell Park relative to the group picnic areas would be negligible because the group picnic areas at Mitchell Park were already booked up, There might be some resid!al impact as far as indi- viduals, but the City', would be monitoring use at Mitchell Park as well as Rinconada and keeping that in mind. Council #lembe .- Patitucci asked when the work would be done if . the motion. passed that evening. He asked if reservations would be canceled_ Mr. Thiltgen said staff held back on the reservations for the group picnic areas at Rinconada -Park; therefore, no reservations would be canceled. Staff would try to get the group areas taken apart somewhere in ` late spring or early summer, prior to heavy summer use. 8 1 0 8 3/09/87 Vice Mayor, Sutorius believed the recommendation was equitable for potential users of the park and responsive to reasonable concerns of park neighbors. The action also had an extremely modest finant cial commitment. He supported the motion. Council. Member Levy was a member of the P&P Committee and con- cerned about the recommendation because the group picnic facility was heavily used and reservations had to be made by residents of Palo Alto. Council took many actions recently to ameliorate some of the problems at Eleanor and Rinconada Parks. He believed Council should move slowly and take the summer to see the effects of the other actions taken. If those effects were not sufficient, Council could move ahead to reduce the use of a group facility. NOTION PASSED by a tote of 8-1, Levy. voting "no." 8. PALO ALTO YACHT HARBOR RESTORATION CONCEPTUAL STUDY, CIP 86--06 CONSULTANT AGREEMENT (CMR:160:7) (1440-02) Council Member Cobb asked if the 15 percent change order was higher than normal. Senior Engineer, Public Works, James Harrington said no, the change ordr was consistent with recent consultant agreements he had dealt with, and others in Lhe department. Council Member Cobb asked ii: L:le City often got into that much of a variation from a basic agreement.'. Mr. Harrington said it depended on how controversial an item might be. Public meetings, etc., were often unknown. NOTION: Council Member Klein moved, seconded by Sutorius, to adopt staff recommendation to: 1. Authorize the Mayor to execute the agreement with the firm ,of Satins *, Thompson, Inc., in the amount of $69,437 for the conceptual study of the Palo Alto Yacht Harbor, . .including the Schematic Design Phase, Feasibility Study Phase, hydrographic amd marine survey and reimbursable services; arm 2. Authorize staff to execute change orders to the agreement .f9r consultant services up to $10,000, to cover the cost of um ant cipstsd chugs* in the scope of work. Council Member Renzel was glad to see the study getting underway. NOTION PASS= smamiOn.msly. 8 1 0 9 3/09/87 9.. COUNCIL LEGISLATIVE COMMITTEE" RE SB 433 (McCOR UODALE) - _ G S ATXON C NC ING RDERS OF ONTEMP AFFEC ING COUNTY GOVERNMENT (CMR:164:7) (702-06) MOTION: Council Member Patitucai moved, seconded by Fletcher, to adopt Council Legislative Committee's recommendation to support SB 433 and convey that to Governor Deukmejian. MOTION PASSED unanimously. 10. RESOLUTION ESTABLISHING PROCEDURES AND RE UIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS (300) MOTION: Council Member Cobb moved, seconded by Sutorius, adopt the Resolution. RESOLUTION 6597 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS" MOTION PASSED by a V bV of 8-1, Renzel voting "no." to 11. ORDINANCE AMENDING ORDINANCE NO. 3705 (GOLDEN Ti.IANGLE FLOOR AREA RATIO MORATORIUM) FOR STRUCTURES OF LESS THAN 1,000 SQUARE FEET ( 2) MOTION: Council Member Klein moved, seconded by Cobb, to adopt the Odinance for first reading. ORDINANCE FOR FIRST READING entitled "ORDINANCE OF. THE COUNCIL or THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 3705 (GOLDEN TRIANGLE FLOOR AREA RATIO MORATORIUM) FOR STRUCTURES OF LESS THIN 1,000 SQUARE FEET" Marne PASSIM unanimously. 11-A. (OLO ITEM 4) ORDINANCE AUTHORIZING THE AWARD F A FRANCHISE TO CENTURY FEDERATE( INC. (1141-01) Senior Assistant City Attorney Anthony Bennetti said the item was removed from the Consent Calendar to make inconsequential changes tolanguage and clean up typographical errors. Bob. Moss, 4010 Orme Street, found a lot of things missing from the ordinance compared with the first reading. Mr. Bennetti clarified the entire ordinance was not included, but only the pages on which changes were made. S 1 .1 0 3/09/.87 MOTIONS Council Member Levy roved, seconded by Klein, to adopt the ordinance as amended by the Attorney's Office. ORDINANCE 3744 entitled "ORDINANCE OF THE COUNCIL OF THE CITY; Of PALO ALTO APPROVING AND AUTHORIZING THE AWARD OF A FRANCHISE TO .CENTURY FEDERAL, INC., PURSUANT TO AN ORDER OF THE UNITED STATES DISTRICT. COURT, NORTHERN. \DISTRICT or CALIFORNIA" (1st Reading 2/23/87, PASSED 8-0, Sutorius "not participating") NOTION PASSED unanimously, Sutorius "not participating." 12. DISPOSAL RECYCLE OF HAZARDOUS WASTE ASH FROM THE WATER QUALITY CONTROL PLANT (CMR:161:7) 1440-01) Council Member Patitucci asked for clarification of the longer - term implications of the recommendation. It appeared at some point the City might have to deal with a $200,000-$250,000 a year cost if the market and environmental concerns continued to create a situation in which it was no longer economically feasible for firms to buy the ash, and they had nowhere to process the material. Mr. Young said that was correct. Council Member Patitucci asked staff's opinion on the possibility of negotiating . a reasonable solution with World Resources, Inc., and the time period of the -subject . contract. Mr. Young said that was part of the problem. The company realized the material was classified as hazardous, and the City had to respond as best it could. The City was currently arguing the classification, which was a generic one put out by the State. At that point, staff determined that because of California's particular rules, the City was vastly better off to take the material out of state for disposal where it was not considered hazardous, and they hoped to get back some net costs from the ore involved. Staff was attempting to find other people who were interested in the work. There would be difficulties with patent investigations to ensure the City. did not infringe any patent rights, and with finding suppliers able to deliver the services as needed on- a regular basis, moving things out of state, and per-- forming the proper disposal methods so the. City did not have an albatross hung around its neck forever. The situation was wide open. n. 'The dollacs in the contract were sufficient at present, but if the' market price of valuable metals in the ash fell, the con- tractor would be asking for additional money. 8 1 1 1 3/0.9/87 Council Member Patitucci understood the proposal went from a posi- tive revenue to zero but was not yet a cost to the City. Mr. Young said no, the proposal put the City in a position of paying to dispose of the material rather than being paid. .The net cost was $ 125 per ton. The City would have been paid $60,600 on the gold value in past times at past costs. Costs were increased by the smelters being moved and trucking. The contract would cost the City an additional $60,000 for the next six months. Council Member Renzel supported the recommendation. She was con- cerned , the idea of a smelter in the Baylands had arisen and was glad the economics were questionable at present. Council Member Fletcher asked what other sewage treatment plants did with their ash. Mr. Young said not many other sewage treatment plants went through the entire process. A number did the surface type of dry out, and staff explored the possibility of doing additional burning for other people--.possibil.y enriching the City's ash and providing additional value. He did not know of any other company at that time dealing in the area other than World Resources, Inc. MOTION: Council Member Sutorius moved, seconded by Renzel, to adopt staff recommendation to authorize the Mayor to execute a contract with World Resources, Inc., to continue removal of ash from the Water Quality Control Plant at $125/ton, with the contract reevaluated in six months. Council Member Fletcher believed the City had been fortunate to have a bonanza for so many years when gold was at its height in value. The City was earning close to $1 million at one time. IIQTION PASSED unanimously. 13. CONTRACT BETWEEN PALO ALTO SANITATION COMPANY (PASCO) AND THE CITY OF PALO ALTO FOR REFUSE : COLLECTION SERVICES AND OPERATION OF RECYCLING P'ROCP,.0 , AND LEASE OF CITY -OWNED LAND BY PASCO (CMR:169:7) (1474) NOTION; Council Member Fletcher moved, seconded by Sutorius, to adopt staff recommendation to a 1) Authorize • t. Mayor to execute a contract with the Palo .Alto Sanitation Company .(P ) to provide rafts: collection . and recyclia - ssrvicss to the City of Palo Alto for the period of February i, 1967 through June 30, 1992; and MOTION CONTINUED 2) Authorize the Mayor to execute the lease with the Palo Alto Sanitation Company (PASCO) for their continued use of the promises. Council Member Fletcher referenced Exhibit B, pages 1 and 2 (CMR:169:7) which said curbside recycling pickups in multi -family units would be the same day as the garbage pickup and said that did not happen in her complex. On page 3 of the Lease, No. X (A) , Rent Payment Procedure, Clause XIII should be Clause VIII. Mr. Miller said the latter correction would be made, and Exhibit B might have to be modified to include, "and other arrangements as necessary to improve costs." The collection point in multi -family_ units might notbe near the street but in a central area, and it might be more cost effective to collect on a different day. Council Member Patitucci asked for clarification of the time period of the "rolling" contract. Mr. Miller said the recommendation was for a rolling five-year contact. The initial term was five years; and, unless the City or PASCO indicated in writing otherwise, a year was added each year. Council Member Patitucci clarified the -1.20 days notice was prior to the beginning of the last five years. The idea of pulling items together and having such a contract was well -conceived. The refuse collection and sanitation operations were truly excep- tional. The contract was an opportunity to give credit _ to PASCO and he heartily endorsed the motion. Council Member Menzel concurred with Council Member Patitucci. The City was fortunate to have, a contractor who provided the same level of services expected from City employees. Council Member Levy added his endorsement and comrendeti.on to PASCO who did a superb job. In regard tc pago 3, Compensation (CMR:169:7), he understood the contract essentially called for a percent of the billings --55.08 percent --to be the basic compensation PASCO received. Mr. Miller said that was effective July 1, 1987.. Council; Member Levy referenced the pre-tax rate of return on unde- preciated°::fixed assets targeted -at 5 percent, which if it exceeded 8 percent would be divided equally with the City. He asked if that meant the 55 percent of billings had been arrived at with the objective of providing PASCO at least a pre-tax rate__ of return of 5 percent. 8 1 1. 3 3/09/87 Mr. Miller said that was correct. Council Member Levy asked if the rate of return of 5 percent on undepreciated fixed assets was an incentive to PASCO not to acquire new assets. Director of Finance Mark Harris said no. The intent was to keep the calculations simple and make the return more constant. If PASCO Lepiaced the equipment, it was likely to cost more undepre- ciated than existing equipment, even if it had been around for seven or eight years. Staff did not believe it provided a nega- tive incentive, but the proper one. Assets were the best incentive because they wanted PASCO to be capital intensive and to keep the fleet as modern as possible. Vice Mayor Sutorius echoed the comments of his colleagues with respect to PASCO's quality of performance. He added that PASCO was extending its service territory to include the Barron Park area. The "rolling' five-year contract was fair to the entrepre- neur, but was also responsible to the City in that the City had the opportunity for appropriate surveillance and coordination with PASCO. The options were there if a situation should occur that suggested a better contract should be arranged, or a competitive bid situation opened up.. NOTION PASSED Unanimously. 14. REPORT FROM COUNCIL MEMBERS WHO ATTENDED THE NATIONAL LEAGUE OF CITIES ANNUAL CONGRESSIONAL CITY CONFERENCE IN WASHINGTONL D.C. (1540=D8) Mayor Woolley said it became more apparent each day in Washington that money was tight at the federal level. The federal government was catching up with Palo Alto and California in terms of looking out for each dollar. "User fee" was a term she had not heard in Washington before, but they heard it several times during the con- ference. The old term 'revenue sharing" was gone, and the new term was "crest sharing." Palo Alto would feel the effects through cuts, proposed sale of assets, and various mandates. Two ways to deal with the proposals were: SB 585, a bill which would fore Congress to fund their mandates, and which she hoped the Legislative Committee would examine closely; and, it was important that the City leave a healthy margin for programs which the federal government might lay on the City in the areas of Social Security and toxics. 8 1 1 4 3/09/87 r Council Member Klein attended the day -long session on preventing drug abuse and believed the community could be doing more. The problem was pervasive in the country and nobody seemed to be escaping it. He had materials on programs from other communities which might serve as models to start the City on a more comprehen- sive program involving many elements of the community. He believed the City's participation in the caucus of cities that had large universities in their midst was helpful. Council Member Levy believed it was important to coordinate what the City was doing in the area of drug abuse with what the schools were doing. As was commented at the conference, it was not that the schools were the cause of the problem but just so happened the youthwere at the schools. They mentioned the application for a grant from the Endowment for the Arts for the development work at Bixbee Park to Representative Konnyu, who was positive about that, and Council was hopeful and optimistic. He echoed Mayor Woolley's comments about the City's need to rely on its own resources in the future. Council Member Fletcher said pamphlets. given out at the Conference showed graphically how cities lost revenue over the last six years while the national debt soared, and the conclusion was the cities were not responsible for the federal deficit and should not have to suffer. She learned a great deal at the Transportation and Communications Policy Committee about what was going on in, the field of transportation. The Administration was exploring a plan to reduce the federal gas tax by two cents and let local jurisdic- tions raise the taxes to make up the difference. She learned about the status of the reauthorization of the Transportation Bill which was held up; no money was being appropriated for highways or transit because Congress had not yet come to an agreement on the differences between the House and Senate. Representative Konnyu seemed ' to be very much in support . of the bill, and she was heartened he volunteered the information he was in support of Caltrain. He also served on the committee which was to hear the bill or the funding for the mandates coming down from the federal government. An interesting concept Palo Alto might pick up when fighting for support for federal programs was to crake alliances with Chambers of Commerce, Kiwanis Clubs, etc., who had an interest in keeping the cities healthy. ADJOURNMENT Council adjourned at 8:57 p.m. ATTES APPROVED: 8 1 1 5 1/09/87