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HomeMy WebLinkAbout1987-09-28 City Council Summary MinutesCITY COUNCIL MINUTES PALO ALTOCITYCOUNCIL MEETINGS ARE BROADCAST LIVE VIA KM- FREOUENCY90.1 ON FM DIAL Regular Meeting September 28, 1987 ITEM Oral Communications 1. Appointments to the Mid -Peninsula Access Corporation 2. Appointments to the Architec.turat Review Board (ARB) 3. Environmental Protection Agency (EPA) Region IX Excellence Award for 1987 - Regional Water Quality Control Plant 4, Santa Clara Valley Water District - Flood Control Improvements for Adobe, Matadero, and Barron Creeks:- 1987-1992 PAGE 58-'314 58-314 58-315 58-316 58-317 Consent Calendar 58-319 5. Contract with West Valley cionstruction for 58-319 Galvanized water Services Replacement b. Contract with Diamond Industrial Security 58-319 Corporation for Installation of Civic Center Security System 7. Agreement with Santa Clara Valley Water 58-319 District - San Francisco Bay Plan Implementation 58-312 9/28/87 ITEM PAGE 11. Ordinance 3768 Amending Chapter 9.14 of 58-320 the Palo Alto Municipal Code to Add Pro- sions Prohibiting Smoking in Public Areas of Retail Stores, Personal Service Busi- ness, Nonprofit Entity Offices, General Business Offices and Professional Offices, as -well as Buses and Bus Waiting Lines, Train Shelters and Transportation Termi- nals Agenda Changes, Additions, and Deletions 12. Human Relations _Commission re Ongoing Child Care Task Force Closed Session re Litigation from 8:15 p.m. to 8:50 p.m. 12A. (Old Item 9) , Ordinance Approving Youth Hostel Lease in Arastradero Preserve 12B, (Old Item : 10), Ordinance re. Zone Classi- fication Change for Property Known as Arastradero Preserve from Open Space to Public Facilities 8. League of California Cities Annual Con- ference Resolutions Adjournment to a Closed Session re Litigation at 9.11 p.m. Final Adjournment at 9:28 p.m. ¢ 58-320 58-320 58-320 58-320 58-320 58.321 58.325 58-325 58-313 9/28/87 Regular Meeting Monday, September 28, 1987 The City Council of the City of Palo Alto met on this date in the Council Chambers, 250 Hamilton Avenue, at 7:40 p.m. PRESENT: Bechtel, Cobb. Fletcher, Klein, Levy, Patitucci, Renzel, Sutorius, Woolley Mayor Woolley announced a Closed Session re Century Federal, Inc., vs. City of Pala Altos et al., pursuant to Government Code Section 54956.9(a) was held in the Council Conference Room at 6:00 p.m. Mayor Woolley announced a Closed Session re City of Palo Alto vs. Arnold Spiro) et al., pursuant to Government Code Section 54956.9(a) would be held after the greeting. ORAL COMMUNICATIONS Doug Couch, 560 Oxford Avenue, spoke about the 100th anni- versary of United Way. He presented a plaque on behalf of the Centennial Committee for the terrific job the City had done for_the senior citizens in the community. He also pre- sented the Mayor with a lapel pin made frpm a special stamp published by the Postmaster of the United States. 1. APPOINTMENTS TO THE MID -PENINSULA ACCESS CORPORATION (1141-02) Mayor Woolley intended to vote or Michael Bucolo on the first ballot and secondly, if he succeeded in being appointed, for Donald Maya11. Council Member Patitucci said he would abstain from voting primarily for the reason that he did not believe the Mid - Peninsula Access Corporation was a viable entity until they resolved the issue of whether or not they could place the requirements to fund the organization on the Cable Co-op or any other cable system. RESULTS OF THE FIRST ROUND OF VOTING Assistant City Clerk Georgene Takayama announced the results of the first ballot: VOTING FOR. BUCULO: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Woolley Ms. Takayama said Mr. Buculo received eight votes and was appointed. 58-314 9/28/87 Mayor Woolley congratulated Mr. Buculo on his appointment. RESULTS OF THE SECOND ROUND OF VOTING Ms. Takayama announced the results ofthe second ballot: VOTING FOR MAYALL: Bechtel, Cobb, Fletcher, Klein, Levy, Sutorius, Woolley VOTING FOR MCKEE: Renzel Ms. Takayama said Mr. Mayall received seven votes and was appointed. Mayor Woolley congratulated Mr. Mayall and hoped they would have good success in getting some access programming on the air in the near future. 2. APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD (ARB) (702-01) Vice Mayor Sutorius said in order to avoid any confusion or embarrassment he would vote in alphabetical order, first for Jon Schink and then Linn Winterbotham. They both delivered competent performances on the ARB, worthy of reappointment. RESULTS OF THE FIRST ROUND OF VOTING Ms. Takayama announced the results of the first ballot: VOTING FOR SCHINK: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Renzel, Sutorius, Woolley Ms. Takayama said Mr. Schink ws appointed by unanimous vote. Mayor Woolley congratulated Mr. Schink on his appointment. RESULTS OF THE SECOND ROUND OF VOTING Ms. Takayama announced the results of the second ballot: VOTING FOR WINTERBOTHAM: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Renzel, Sutorius, Woolley Ms. Takayama said Mr. Winterbj tham was appointed by unani- mous vote. 58-315 9/28/87 As corrected 10/26/87 3. ENVIRONMENTAL PROTECTION AGENCY (EPA)_ REGION IX EXCELLENCE AWARD FOR 1987 - REGIONAL WATER QUALITY CONTROL PLANT (CMR:475:7) (1122-01) Tom Cramer, Chief, EPA Region IX, honored the City of Palo Alto and, in particular, the management and staff of its Waste Water Treatment Plant with the region's highest award for excellence in operations and management. Twelve plants out of 3,000 plants would receive regional operations and maintenance awards that year. Palo Alto had also been nomi- nated for a national award and its chances looked very good. The awards emphasized the importance the EPA attached to the job performed by waste water treatment operators and manage- ment. Since the passage of the federal Water Pollution Control Act in 1972, more than $4 billion had been spent in the region for waste water treatment construction. The investment was made in partnership with local agencies. Their common goal`• -,.was clean water, and one of the most important ways they could work toward the goal was the building and proper management of water pollution control plants. I'-�e commitment of the Palo Alto facility to the goal of clean water was reflected by the local financing and by excellence in operations and maintenance. The achieve- ments contributed towards the plant's exemplary record of plant performance and compliance with strict permit require- ments. The Palo Alto Waste Water Treatment facility was a model for resource recovery and waste water treatment. Located on the edge of the environmentally- fragile San Francisco Bay and serving the Silicon Valley area, the facility consistently achieved over 96 percent removal of pollutants while providing even higher -quality reclaimed water for the preservation of local aquifers. He listed the many achievements and distinctions of the Palo Alto plant and said the facility set an enviable standard of excellence earning the first statewide Plant of the Year Award from the California Water Pollution Control Association in 1986. Mayor Woolley accepted the award on behalf of the City and said she would like to share it with two very important mem- bers of the staff: Director of Utilities Richard Young and Manager, Water Quality Control, John Gibbs. Mr, Young added his congratulations to the staff who did a great job 24 hours a day. They were seldom heard from and did not seem to attract much attention, but the award was concrete evidence of how well thoy.did the job. The City could be proud of their work. 58.316 9/28/87 4. SANTA CLARA VALLEY WATER DISTRICT - FLOOD CONTROL IMPROVEMENTS FOR ADOBEt MATA HERO, AND BARRON CREEKS -- 1987-1992 (CMR:471 s 7) (1073 Assistant Director of Public Works George Bagdon said mem- bers of the Water District were there to make a presentation about a large construction package project that would affect many residential areas and traffic. He introduced the District Manager of the Santa Clara Valley Water District (SCVWD) , John T. O'Halloran, and Supervisor, Engineering Services, Dave Matson, who was staff liaison to the dis-- trict�. Mr. O'Halloran said the SCVWD had been working closely with the residents in the area and with staff and had numerous meetings. In November 1986 an election was held in the area because many residents convinced the SCVWD they did not want to wait 20 or more years for some of the projects. The election provided the funds to accelerate tremendously the flood control program and prevent some of the flooding that plagued citizens for a number of years. He introduced District Design Engineer James Fiedler. Mr. Fiedler said over the next five to six years some $30 million in flood control improvements were planned for con- struction within the City of Palo Alto by the SCVWD. When completed, the facilities would alleviate over $52 million in one--hundred--year flood damages to the thousands of resi- dents, commercial businesses, and public facilities. .Some of the work had been under construction since 1986, and much of what remained was under design. Specifically, the flood control improvement programs within the City included work in the following areas: $620,000 in construction costs for the Palo Alto Flood Basin levee raising --already completed --and a revegetation program to be awarded by the Board of Directors the following day; $9 million in proposed con- struction costs on Adobe Creek from the Flood Basin to El Camino Real, which would be completed in 1989; over $21 mil- lion in construction costs for Matadero Creek between Palo Alto Flood Basin and Foothill Expressway, beginning in 1988 with completion in 1992 and including a Barron, Creek diver- sion: and $400,000 in construction 9osts on Barron Creek between the Bayshore Freeway and Louis Road. He showed overheads of the extent of 1 -percent flooding in Palo Alto which would be eliminated when the construction projects were completed. Tidal flooding would not be alleviated. Also shown were graphs of the construction phasing. He said the SCVWD was working closely with City staff to resolve remaining technical issues and continue its outreach program to inform and get input from various citizens in the commun- ity. 9/28/87 Sibyl Anderson, 704 Chimalus Drive, objected to the Barron diversion and the construction of the 12 -foot culvet behind the homes on her street.. Residents oit Chimalus Drive had a number of problems with Varian for many years and had worked with members of the City Council and Architectural Review Board (ARB) to lessen them. At meetings, the SCVWD said they would be only slightly affected for a brief period, and now the period was about six months. They did not live in a flood area and were concerned the project might put them in a flood. They were also concerned nothing had been done to protect the watershed to do something about the amount of water going into the creeks. They felt a study should be done of the watershed and work done above where the bypass was planned. The additional stress of noise and fumes from trucks, etc., would adversely affect people's health, and they hoped alternatives could be found. She would submit information to the Council and the SCVWD on behalf of a num- ber of residents of Chimalus Drive. Council Member Fletcher asked if staff and the SCVWD could .work with the Barron Park Association (BPA) before final plans were made to ensure everything was worked out ahead of time. Mt. O'Halloran said the SCVWD had meetings with the BPA and with Ms. Anderson. In fact, before they returned to the Council, they expected to have a recommendation from the BPA to present to the Council along with their own. Council Member Fletcher clarified the diversion was not all finalized. Mr. O'Halloran said no, the diversion had not been decided yet. They had not held the necessary environmental and pub- lic hearings, but it was the most viable alternative at present, fOr a diversion to leave the creek in a natural state. Council Mea,.oer Fletcher was happy to hear a public process would take place. Vice Mayor SutOrius said Council Member Renzel was the` adviOory member from the Council on the Flood Control Zone advisory committee, and he was her alternate. The committee :made a physical visit of the Adobe and iiatadero Creek areas and viewed the construction under progress and the areas of planned construction. They spent considerable .time in the Varian parking lot behind Chimalus Drive seeing the current physical situation, discussing the type of planning and the 58-318 9/28/87 community outreach. He believed a very solid effort was being made by the SCVWD with good monitoring and surveil- lance on behalf of the citizens of Palo Alto, and he was sure the processes would stay that way. Bob Moss, 4010 Orme Street, said there had been four meetings between the residents of Barron Park and the SCVWD. The District people were very cooperative and helpful in discussing the proposal. A number of modifications were made to the original proposal as -a result of input from the community. -The BPA sent. a letter to . the SCVWD with 12 spe- cific questions, and he just received the last part of their response. They intended to hold a meeting of the Creek Committee to discuss the various alternatives and make a recommendation to the BPA Board. Residents were welcome to participate in all meetings and discussions. He expected they would make a recommendation as to the pros and cons ' of the various alternatives about the same time the preliminary Environmental Impact Report (EIR) was released, presently scheduled for November. There would be time for the entire community to review the preliminary EIR and there would be final hearings. He assured the Council they would try to work with the community and get 'an excellent project. CONSENT CALENDAR Mayor Woolley removed Item 8, League of California Cities -- Annual Conference Resolution;. Item 9, Ordinance Approving a Lease for a Youth Hostel to be Operated in the Arastradero Preserve; and Item 10, Ordinance Amending Section 18.08.040 of the Palo Alto Municipal Code to Change the Zone Classifi- cation of the Property Known as Arastradero Preserve from Open Space to Public Facilities. MOTION* Council Member Bechtel. moved, seconded by Levy, approval of the Consent Calendar, 5. CONTRACT IN THE AMOUNT OF $110 770 WITH WEST VALLEY CONSTRUCTION FOR GALVANIZED. WATER SERVICES REPLACEMENT (CMR:474:7) (1120) 6. CONTRACT WITH DIAMOND INDUSTRIAL SECURITY CORPORATION IN THE AMOUNT OFF$93, 860 FOR INSTALLATION OF CIVIC CENTER SECURITY SYSTEM .(CMR:474:7) (810-02) 7. AGREEMENT WITH SANTA CLARA VALLEY WATER DISTRICT - SAN FRANCISCO BAY PLAN IMPLEMENTATION (CMR:472:7) (1501-01) 58-319 9/28/87 11. ORDINANCE 3768 entitled "ORDINANCE OF THE COUNCIL OF TI-IE CITY OF PALO ALTO AMENDING CHAPTER 9.14 OF THE PALO ALTO MUNICIPAL CODE TO ADD PROVISIONS PROHIBITING SMOKING IN PUBLIC AREAS OF RETAIL STORES, PERSONAL SERVICE BUSINESSES, NONPROFIT ENTITY OFFICES, GENERAL BUSINESS OFFICES AND PROFESSIONAL OFFICES AS WELL AS BUSES AND BUS WAITING LINES, TRAIN SHELTERS AND TRANS- PORTATION TERMINALS" (1st Reading 9/14/87, PASSED 8-0, Cobb absent) (701-03/1401-02) MOTION PASSED unanimously. AGENDA CHANGES, ADDITIONS AND DELETIONS City Manager BUJ Zaner._ said Item 9, Ordinance re Youth Hostel would become Item 12A; Item 10, Ordinance re Zone Change Classification for Arastradero Preserve would become Item 12B; and Item 8, League of California Cities Resolu- tions would become Item 12C. 12: HUMAN RELATIONS COMMISSION RE ONGOING CHILD CARE TASK FORCE (701714) (CMR:481:7) MOTION: Council Member Klein moved, seconded by Patitucci, to adopt the Human Relations Commission recom- mendation approving the proposal for development of the Child Care Task Force. MOTION PASSED unanimously. COUNCIL ADJOURNED TO A CLOSED SESSION TO DISCUSS LITIGATION RE ITEM 12A (OLD ITEM 9) FROM 8:15 .m. TO 8:50 p.m. 12A. (OLD ITEM 9), ORDINANCE APPROVING YOUTH HOSTEL LEASE IN ARASTRADERO PRESERVE (701.03/1321-31) 12B. (OLD ITEM 10), ORDINANCE RE ZONE CLASSIFICATION CHANGE FOR PROPERTY KNOi1N AS ARASTRADERO PRESERVE FROM OPEN SPACE TO PUBLIC FACILITIES (701-03/1321-31) MOTION: Council Member Bechtel moved, seconded by Fletcher, approval of the ordinances. ORDINANCE 3769 entitled 'ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A LEASE FOR A YOUTH HOSTEL TO BE OPERATED IN THE ARASTRADERO PRESERVE' .(1st Reading 9/14/87, PASSED 6-2, Levy, Patitucci "no," Cobb absent) 58-320 9/28/87 MOTION CONTINUED ORDINANCE 3770 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 CLASSIFICATION OF THE PROPERTY KNOWN AS ARASTRADERO PRESERVE FROM OPEN SPACE (OS) TO PUBLIC FACILITIES (PF)" (1st Reading 9/14/87, PASSED 8-0, Cobb absent) Council Member Patitucci asked the record to reflect a vote on the ordinance approving the Youth Hostel lease. MOTION DIVIDED FOR PURPOSES OF VOTING Council Member Comb would not support the Youth Hostel lease. Mayor Woolley announced that she would not support the Youth Hostel Lease. She did not feel the City was getting maximum; use of the facility because of the stringent rules being applied. She preferred the City provide itself with a City road. FIRST PART OF MOTION RE YOUTH HOSTEL LEASE PASSED by a vote of 5-4, Levy, Woolley, Cobb, Patitucci voting "no." Council Member Patitucci understood that the zone classifi- cation change was independent of the lease in order` for the City to use the property in _a more general way. SECOND PART OF MOTION RE ZONE CHANGE TO PF PASSED unani- mously. 8. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLU- TIONS (1540.07) (CMR:478:7 Resolution 1 - North Bay. Division; Bylaws Amendment Council Member Fletcher said the Resolution had to do with creating a new North : Bay Division of the League. The present Redwood Empire Division extended from the Oregon border to the Golden Gate Bridge, and geographically the -new division would be much more practical by dividing the region into. two. It would require an amendment to the bylaws which required a two-thirds vote of the general assembly. MOTION: Council . Member Fletcher moved, seconded by Bechtel, that Palo Alto support approval of Resolution 1. MOTION PASSED unanimously. Resolution 15 - Clean Air Council Member Fletcher said Resolution 15 dealt with the Clean Air Act which. mandated sanctions for those regions which had not met air quality standards. She_was uncomfort- able not supporting the resolution because it sent the mes- sage that Palo Alto was not interested in meeting the stan- dards. There were provisions in the Clean Air Act which had specific sanctions, the strongest of which cut off funds for highways and transit. The basic message was that sanctions were needed to make the bill effective. MOTION: Council Member Fletcher moved, seconded by Renzel, to support Resolution 15. MOTION PASSED unanimously. 'Resolution 19 - Exemption for Subsidized Housing frcnn School Impact Fees Council Member Klein said on the surface the exemption seemed like_a good idea since it should aid in the construc- tion of subsidized housing. He queried why the policy committee recommended opposition. Assistant t.o the City Manager Vicci Rudin said the staff recommendation was to support the recommendation from the Housing/Community Development Committee. MOTION: Council Member Klein moved, seconded by Woolley, to take no position on Resolution 19. Council Member Klein wanted input from the Palo Alto Housing Corporation (PAHC) on the item for future reference. Council Member Renzel appreciated the thrust of Council Member Klein's concerns but heard from people in other com- munities which were not as affluent as Palo Alto and not as built out that they had a problem with getting adequate schools. She was concerned areas with subsidized housing might end up with inadequate schools. Council Member Fletcher said the voting of the general assembly was not until October 6, 1987, and she believed Council could get input `from. the PAHC. She suggested a call be made to the League staff to ascertain the rationale used by the committee... She suggested the item be agendized for October 5, 1987. 58-322 9/28/87 Mr. Zaner agreed. MOTION WITHDRAWN Resolution 27 - Dimes Against Crime Initiative Council Member Klein said the policy committee recommended no action and City staff recommended approval. He was troubled by taxes being earmarked for. specific causes which otherwise would come from the general fund. He was con- cerned that there be sufficient funds for law enforcement. While he believed Palo Alto had sufficient funds allocated in its budget, if the State levied a tax for the City's use, he would vote to apply the money for other purposes if he had the discretion to do so. Anytime such taxes were levied and earmarked, the City's hands were tied and nothing else could be done. MOTION:. Council Member Klein. moved, seconded by Sutorius, that the City's delegate vote to disapprove Resolution 27. Ms. Hudin said the County Police Chiefs supported Resolution 27 and suggested it be brought to Council's attention earlier. Staff opted to wait and see whether the issue qualified for the ballot but that was precluded by its becoming part of the resolutions proposed for the. League conference. Council Member Levy sat on the Santa Clara County Alcoholism Control Board and was exposed to the problems of crime and damages caused by drunk driving.and alcoholism throughout. the County. He preferred to see staff's recommendation upheld even though he was conceptually with Council Member Klein in terms of earmarking taxes. In the particular instance, the tak directly fit the need and --he preferred to support Resolution 27, Council Member Klein disagreed that the proposal was as outlined by Council Member Levy. Council Member Renzel agreed with Council Member Klein. If. Council wanted to allocate more money to the. Police Department, it shosld be done through the budget process. She did not like specializing taxes. MOTION PASSED by a vote of 6-2, Levy, Fletcher voting "no," Patitucci absent. Resolution... 28 Hazardous Equipment and Training Funding ,. Council Member Klein said staff recommended that Council support the amendment eliminating the word "equipment° and li3 making it applicable only to training. There were refer- ences in the staff report and in the resolution that there were funds available for training at the State level, but he had no information as to the amounts, how far below the needed amount they were and what was needed. He did not believe.he read enough information to take a position. Ms. Rudin did not have actual dollar amounts, but according to Chief Wall, first responder training was the top priority and'adequate funds were not available. In terms of equip- ment, Chief Wall did not believe there was a need tor additional State moneys. Council Member Klein asked for more information to be brought to Council at the October 5, 1987, City Council meeting. Resolution 34 - Subvention to New Cities Council Member Fletcher said staff suggested complex amend- ments to the resolution and she was concerned that the time to make such amendments was in committee. Ms. Rudin said staff intended to attend the policy committee meeting on October 4, 1987. If Council supported the amend- ment, staff would advise the committee in writing in advance of its intent to submit the amendment -and would be present to do so on Sunday. Council Member Fletcher asked how the voting delegate would vote:in the event the amendment did not pass. Ms.. Rudin said the City's Acting Finance Director believed the amendment would be an improvement and clarification to the resolution but did not oppose the resolution as pro- posed. Resolution38 - Useeeellelilsei2k2Li ttytalet.q council Member Fletcher said the iseue of whether to urge Congress to resist all efforts to increase the user fees on motor vehicle fuels for the purpose of generating revenue for reducing the national debt had been before the California League and the National League fora couple of years and both had had a strong position in opposition. It was ei real threat. She did not have much problem with raising the gas tax, but the League was opposed because it would reduce automobile travel and possibly the amount of gas tax funds available .to local government. Since both Leagues had such strong positions -in opposition, she 58-324 9/28/87 believed Council should be voting on the principle of the issue of raising a special tax and shifting it to reduce the deficit. MOTION: Council Member Fletcher moved, seconded by Bechtel, to support Resolution 38. MOTION PASSED unanimously. Vice Mayor Sutorius asked about any amendments to Resolution 22 - Canadian Hydroelectric sales. It was shown as approved with amendments. Ms. Rudin said whenever the policy committee action was stated as "amend and approve," the amendment was already incorporated into the language. MOTION: Council Member Bechtel moved, seconded by Renzel, to adopt the staff recommendation to endorse the preliminary recommendations of the League policy committee concerning Annual Conference Resolutions, incorporating changes made by previous motions: Approve Resolutions 2, 23, 24, 26, 29 and 33; Amend and approve Resolution 34; Disapprove Resolutions 3 and 4; and Instruct the Council's voting delegate accordingly ADJOURNMENT Council adjourned to a Closed Session re Litigation at 9:17 p.m. Final adjournment at 9:28 ATTEST: p.m3 APPROVED ity JClerk mayor 58-325 9/28/87 As corrected 10/26/87