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HomeMy WebLinkAbout1986-12-22 City Council Summary MinutesCITY COUNCIL MINUTES PALOAL.TOCIVYCOUNCILMEETINGSARE BROADCAST LIVE VIA K.ZSU• FREQUENCY 90.1 ON FM DIAL Regular Meeting December 22, 1986 ITEM Oral Communications Minutes of November 24, 1986 and December 1, 1986 Consent Calendar 3. Contract with Container Corporation of America for the Purchase of Papers Collected in the City's Recycling Program 4. Consultant Agreement with Keller & Gannon Engineers -Architects to Provide Design Services for Emergency Power and Ventilation for Computer Operations in this Civic Center Building 6. Agreement with Scientific Environmental Laboratories, Inc./ to Perform Quifer Protec- tion Study for Regional Water Quality Control Plant PAGE 7 9 4 5 7 9 4 5 7 9. 4 7 7 9 4 7 7 9 4 7 7 9 4 7 7. Request for Authorization of Insulation Testing 7 9 4 7 Expenditures 8. Ordinance Amending the Budget re Additional 7 9 4 7 Appropriation for the Human Services Program and the Palo Alto .Unified School District/Youth Counseling. Project; Agreement with Palo Alto Unified School District 9. Agreement with Palo Alto Unified School 7 9 4 8 District for Use of Facilities for City's Recreational Purposes 7 9 4 .4 12/22/86 ITEM PAGE 10. Ordinance Amending the Budget re Appropria- 7 9 4 8 tion fbr a Fuel Efficient Traffic Signal Management Project 11. Resolution Ordering Weed Nuisance Abated 7 9 4-8 12. Resolution Approving Loan and Note and Deed of Trust With Authorization to Carry Out Related Activities 13. Ordinance Amending Various Sections in Chapter 2.08 of the Palo Alto Municipal Code Relating to Various Officers and Departments 15. Resolution Authorizing the Filing of a Claim with the Metropolitan Transportation Commission for Allocation of Transportion Development Act Funds for Fiscal Year 1987-88 16. Soundwall Recommendations in Connection with Route 101 Widening Project 16A. (OLD 1), City's Financial Condition - Refer to Finance & Public Works Committee 16B. (OLD 2) , Contract with Clyde Farmer. to Provide Maintenance and Security for Stable, Stablemaster House, and Barn at the Arastradero Preserve Adjournment to Closed Session re Litigation at 8:20 p.m. Final Adjournment at 10:00 p.m. 7 9 4 8 7 9 4 8 7 9 4 8 7 9 5 0 7 9 5 4 'r 9 5 4 7 9 5 5 7 9 5 5 7 9 4 5 12/22/86 1 1 Regular Meeting Monday, December 22, 1986 The City Council of the City of Palo Alto met on this Council Chambers, 250 Hamilton Avenue, at 7:35 p.m. PRESENT: ABSENT; Cobb, Fletcher, Klein, Levy, Patitucci, Renzel, Woolley Bechtel, Sutorius date in the Mayor Cobb announced the need for a closed session re Litigation to discuss Century Federal v. City of Palo Alto pursuant to Government Code Section 54956.9(a) to be held after the meeting. ORAL COMMUNICATIONS 1. Dr. Nancy Jewell Cross, 301 Vine Street, Menlo Park, spoke on the air quality implicationn in transportation. The Route 101 proposal involved putting two more lanes into high -occupancy vehicle. Part of the Route 101 project from Lawrence Expressway south was opened to high -occupancy vehicle lanes under protest. The proposal was part of an anticipated exten- sion between Lawrence Expressway to Whipple Avenue in Redwood City, and only a part of it would be to the San Mateo County line. She requested the City of Palo Alto ask Caltrans to make an environmental impact report rather than leaving it to a negative declaration. Palo Alto's air quality was impacted and to raise ti -m. volume of traffic from 150,000 to 165,000 plus would have a severe impact which soundwal].s could not stop. The 132,000 cars -a few years ago ` was calculated to have 10 tons of pollution on Palo Alto. MINUTES OF NOVEMBER 24t 1986f AND DECEMBER 1, 1986 NOTIDet Councilmemsber Levy moved, seconded by Rensei, approval of the Minutes of $ovember 24, . 19116, and . December 1, 19$6, as gabsi tted. AOTIO* PASSED umonimonsly, Fletcher, Klein, Levy *abstaining" on the Minutes of meet 1, i9i6, Bechtel, Sutorius absent. 7 9 4 6 12/22/86 OVI DE D I T'I ON L APPROP ATI ON FOR CONSENT CALENDAR Mayor Cobb removed Item 1, City's Financial Condition, at the request of a member of the public. Vice Mayor Woolley removed Item 2, Contract with Clyde Farmer. Item 5, Agreement with Malcolm Jones & Associates, was removed at the request of staff. MOTION: Vice Mayor. Woolley moved, seconded by Fletcher, approval of the Consent Calendar. 3. CONTRACT WITH CONTAINER CORPORATION OF AMERICA FOR THE PURCHASE OF PAPERS COLLECTED IN (CMR:S96:6) (1420) THE CITY S RECYCLING PROGRAM 4. CONSULTANT AGREEMENT WITH KELLER & GANNON ENGINEERS -ARCHITECTS TO PROVIDE DESIGN SERVICES FOR EMERGENCY POWER AND VENTILATION FOR COMPUTER OPERATIONS IN THE CIVIC CENTER BUILDING ( W a ) 600/ 0 Staff is further authorized to execute change orders to the agreement up to $1,000. 6. AGREEMENT WITH SCIENTIFIC ENVIRONMENTAL LABORATORIES INC., TO PERFORM A UIFER PROTECTION STUDY FOR REGIONAL WATER QUALITY CONTROL PLANT (CMR:609 z 6) ( 41-02) Staff is further authorized to issue Change Orders up to $5,00(0 to cover the cost of any additional work that may be identified as necessary during the course of the study. 7. REQUEST FOR AUTHORIZATION OF INSULATION TESTING EXPENDITURE (CMR:60ha6) (1414.01) 0 Staff is authorized to pay up to $25,000 to the State Bureau of Home Furnishings laboratory for the testing of cellulose insulation installed through the Utility Department's Energy Services Home Weatherizaticn Program. ORDINANCE 3728 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FO L YEAR 19 6-�R THE F1 CA 7 TO ESTABLISH AND HUMAN- SERVICES PAR _ HE PALO ALTO UNIFIED .; • SCHOOL DISTRICT/YOUTH COUNSELING PROJECT" (64R:562:6) (12. .4414,3•41-00 AGREEH NT LIUTH PMdO ALTO? UiIIFIED SCH OL DISTRI °OR YOUTH ; COUNSELING PROJECT THE 7 9,4 7 12/22/86 9. AGREEMENT WITH PALO ALTO UNIFIED SCHOOL DISTRICT FOR USE OF FA LITIES FOR S RECREATIONAL PURPOSES (CMR :600:6 ) (1311) 10. ORDINANCE 3729 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1986-87 TO PROVIDE AN APPROPRIATION FOR A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROJECT" (601:6 (208:02 11. RESOLUTION 6579 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING WEED NUISANCE ABATED" (CMR:599) (1250-01) 12. RESOLUTION 6580 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE LOAN AND NOTE AND DEED OF TRUST EVIDENCING SAME TOGETHER WITH AUTHORIZATION TO CARRY OUT RELATED ACTIVITIES" (CMR:608:6) (501) — ORDINANCE 3730 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1986-87 TO PROVIDE AN APPROPRIATION FOR CAPITAL IMPROVEMENT PROJECT NO. 86--46 'CITY MANAGER'S HOUSING ASSISTANCE' " 13. ORDINANCE 3731 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING VARIOUS SECTIONS IN CHAPTER 2.08 OF THE PALO ALTO MUNICIPAL CODE RELATING TO VARIOUS OFFICERS DEPARTMENTS" (1st Reading 10/27/86, PASSED 9-0) (CMR:589:6) (701-01) AND MOTION PASSED-eaanissoualy, Bechtel, Sutorius absent. AGENDA CHANGES/ ADDITIONS, AND DELETIONS City Manager Bill Zaner said item 1, City's Financial Condition, would become Item 16A; and Item 2, Contract with Clyde Farmer to Provide Maintenance and Security for Stable, Stab1emaster House, and Barn at the Arastradero Preserve, would become Item 16B. Mayor Cobb said Item 14, Resolution of the Intention of the Council of the City of Palo Alto re Issuance of Revenue Bonds, was withdrawn at the request of the applicant. 15. RESOLUTION 6581 entitled •"RESOLUTION OF THE COUNCIL OF THE CITY OF =PALO ALTO AUTHORIZING THE FILING 0f A CLAIM WITH THE R OLITAN TRAN ORTATION COMMISSION R ALLOCATION OF TRANSPORTATION DEV OPMENT ACT FUNDS FOR FI CAL YEAR 1987-88" (CMRi607:5) (208-03/1163-01-02) 7.9 4 8 12/22/86 Transportation Planner Gayle Likens said on page 1 of staff report (CMR:607:6), Item (5) of the priority list should be listed for funding in FY 1988-89 a s described in the body of the report. Dr. Nancy Jewell Cross, 301 Vine Street, Menlo Park, spoke regarding the allocation of bike funds and the need for a wide, flat bike And walking bridge between Palo Alto's Alma Street and Menlo Park's Alma Street. The congestion on El Camino Real between Menlo Park and Palo Alto was getting worse. Many people visited the new Safeway from northern Palo Alto, and car travel was congested, to go by bike was hazardous in terms of collision and detrimental in terms of air quality. A possible improvement to Fl Camino Real would be a bike and pedestrian access distinct from cars. Most people traveled only a few blocks and should be encouraged to use bikes and walk. She also suggested a bike/ pedestrian bridge between the shopping center and Menlo Park. The inexpensive improvements could have profound effects between Palo and Menlo Park and she asked Council to consider a joint endeavor. $OTIO; Couacilaomber Fletcher moved, seconded by Renzel, to adopt staff recommendation authorizing the City Manager to file a claim for allocation of TIM Article 3 funds in FY 81.88 for pedestrian and bicycle projects in the following priority manner: 1) Bicycle Traffic School Program ($1,500); 2) Traffic Loop Replacement ($3,000); 3) Middlefield Sidewalk ($10,000); 4) Adobe Creek Undercrossing ($28,000); 5) Embarcadero/Bryant Traffic Signal ($75,000); and 6) barcadero/B1 Camino Island Sidewalk Construction ($28,000) Councilmember Fletcher was pleased to see the proposal for, improvements to the undercrossing a t Adobe Creek and U.S. 101, which was improved recently by the water district to make it pos- sible to walk and bicycle safely except there was no railing from the ledge and people could possibly ride off the edge into the water. The proposed improvements would put railings and lighting in the underpass. The funding was not assured, but the project had .a good chance of being implemented. The project was important because there were many office buildings on the other side of U.S. 101 and the San Antonio ovetcrossing was intimidating for bicyclists and pedestrians, She hoped the communication to the 7 9 4 9 12/22/86 i County emphasized the project was a potential high -use commuter route which shou!d have high priority because Palo Alto would be competing with other cities for funding. Councilmember Levy asked about a bicycle crossing at Alma Street. Ms. Likens said a project to build a bicycle overcrossing of San Francisquito Creek at Alma Street was reviewed two years ago by staff and the Palo Alto Bicycle Advisory Committee and was put on the priority listing as a mid -to -long range project because of the considerable cost, which was estimated at that time to be between $150,000-$200,000. Given the funding available .in TDA funds for the present year, the project was not recommended as a high priority. Councilmember Levy asked if the matter had been discussed with Menlo Park. Ms. Likens said not at the present time. When the subject was first brought to Council, it was looked at it terms of looking at the subject after there was a decision regarding the Sand Hill Road extension because conditions along Alma Street and the need for an overcrossing would exchange considerably.. MOTION PASSED unanimously, Bechtel, Sutorius absent. 16. SOUNDWALL RECOMMENDA'T'IONS TN CONNECTION WITH ROUTE 101 WIDENING PROJECT (CMR:605:6) (1019) Chief Transportation Official Marvin Overway said there were two additional pieces of information from Caltrans, one in a letter before Council (on file in the City Clerk's office) regarding a section of soundwall included in the area between Embarcadero and Oregon Expressway, and a comment from Caltrans regarding Soundwall 1. Subsequent to the report, Caltrans found the soil conditions in the area were less favorable than anticipated. While Caltrans still expected to be able to design a wall that could be supported by piles, it ,was necessary to come up with a more creative pile design, and there was a small chance they might not be able to achieve the design cost effectively. If Caltrans was unable to find a cost-effective way to put the wall on piles, it would have to go to a beam footing which would destroy the trees. If condi- tions changed, staff would report back to Council. Councilmember Fletcher asked whether the soundwalls would be blank or textured and whether the Architectural Review Board (ARB) had any jurisdiction over the walls. 7 9 5 0 12/22/86 Mr. Overway said Caltrans was willing to meet to review the texture and design of the walls soon after a decision was made about whether the wall would go in, size, etc. He believed the City would definitely have input; it was a State project, and not subject to formal ARB approval. Councilmember Patitucci clarified staff was not recommending the wall along the ramp that backed up to Sierra Court. Mr. Overway said they were. Councilmember Patitucci asked who would pay for that wall. Mr. Overway said the recommendation was that the Santa Clara Traffic Authority include the wall as part of its mitigation. package for the project. The Santa Clara Traffic Authority was paying for the whole project, including thewalls already speci- fied, subject to a certain amount of negotiation. He had an indi- cation from the Council that if the project was a desirable one to be included, that would carry some weight. To date the Santa Clara Traffic Authority had .not committed to paying for that por- tion. Councilmember Patitucci clarifies the soundwalls were on State property and asked what happened to property boundaries when the walls were put in. He was not clear on the responsibility for maintenance. Mr. Overway said Soundwalls 1 and, 2 as described in CMR:605:6 were built right on the property line; therefore, anything on one side belonged to the City and on the other side to the State. The Embarcadero/Oregon Expressway WAS away from the property line and a piece of land would remain between the wall and the residential property. The State said that land would be its reponsibility to maintain. Councilmember Patitucci asked if staff was confident that: under the proposals most of the Eucalyptus trees on the Embarcadero off -ramp could be saved. Hr. Overway said the project engineer doing the design work was trying hard to find a way to do so. Vice Mayor Woolley was pleased to see more information from Caltrans and a reduced cost on the Embarcadero/Oregon Expressway ramp soundwall from the original $100,000-$300,000 to $50,000-$80,000. MOTIONS Vice Mayor Woolley moved, seconded by Levy, to adopt staff recommendation that the Mayor direct a letter to the Santa Clara Traffic Authority and Caltrans communicating the following points; 1) Sousrdwall 1 be built to a height of 16 feet except in the area of the existing mature trees where the height should be reduced to 14 feet with the express intent of saving all or most of the trees; 2) Sosndwall 2 to be built to a height of 16 feet throughout and extended as far north(crest) as warranted; 3) Special care be taken to save as many existing mature trees as practical, 'including City's commitment to perform initial pruning; 4) Additional soundwalls be provided as warranted along the ramps in the area between Embarcadero Road and Oregon Expressway; 5) Basic landscaping of the residential side of the soundwalls be included as part of the current project, including City commitment to provide proper ongoing maintenance; and 6) Basic landscaping of the freeway side of the soundwalls be included as part of the current project. Councilmembec Fletcher said expensive interchanges were being con- structed on Routes 237 and 85, and Palo Alto also paid the one- half cent tax as did the other jurisdictions who fought hard for the expensive freeway construction projects. In terms of alloca- tion of funds, she believed Palo Alto could make a point that pro- portionately it was not gaining the benefits from the Measure A funds Lo the same extent as many of the other jurisdictions. It was time for Palo Alto to fight for something. Councils ember Renzel said soundwalls were important to people who lived near freeways; and, .while she_ supported the motion, it was sad . Pa io Alto needed them. Soundwa l l s were. graffiti attractions, and a . bright in terms of the visual enjoyment of people driving on the freeway. She hoped as much landscaping as possible might be preserved to hide the 1i -foot walls. C*unciimevber Patitucci supported the motion because of staff's assurance that the maximum amount of landscaping would be retained at Eebarcasdero. If the landscaping could not be retained and the design could not be achieved as Caltrans claimed, he wanted the issue to return to Council before removing the trees. 7.9 5 2 12/22/86 AMENDMENT: Council.esber Pa.titucci moved, seconded by Sensel, that if retention •f the Eucalyptus trees along the proposed area for constructing Sorndralls 1 and 2 cannot be achieved by the design, the matter be returned to Council for review. Vice Mayor Woolley asked whether the neighbors, whose properties backed up to Soundwall No. 1, preferred a soundwall with or without trees. Mr. Overway believed it depended on the height of the soundwall. The effect of a 16 -foot soundwall as one drew away from the freeway was acceptable to most of the people. If the soundwall was much lower, he believed people would prefer to have the sound - wall built at the expense of removing the trees. Thereseemed to be an understanding with Caltrans that a 14 -foot wall was achievable. The difference between 14 and 16 feet in terms of sound reduction was fairly minimal and several of the neighbors favored keeping the trees and building the highest _wall possible, and a couple of people preferred the 16 -foot wall and hoped trees would be planted if existing ones were destroyed. councilmember Patitucci believed it was a trade off between the needs of the immediate neighbors and whether the .30 or 40 Eucalyptus trees were assets to the City. It was a welcomed relief for him from the freeway to turn into Palo Alto and get a feel .for the community's image. The mood would be destroyed if the trees were removed and the wall would be bar` for the next 10 years. He dice not support a soundwall without trees, ;ouncilmember Levy said the report indicated the difference between a 14- and 16 -foot soundwall was -two decibels, which was barely perceptable to most people. He .asked for clarification. Mr. Overway said ', t was a matter of judgment. The issue was not the decibel level because reducing the height of the wall drew away fron the freeway. The numbers quoted in the report were more for the section immediately paralleling the freeway. The decibels along the ramps themselves were actually less. If one stood on Edgewood, there was noise, and he hesitated to say the difference in two decibels was insignificant. Couricilmember Levy assumed if a 16 -foot wall were built and the trees were destroyed, it would not be much different from building, a 14 --foot wall and having the trees :&ntact.which themselves acted as a sound buffers Mr. Overway understood unless there was a significant amount of dense trees, it made little difference. He did not believe any of the Eucalyptus trees filtered out the noise. 1 1 1 1 Councilmember Levy sympathized with Councilmember Patitucci. The two decibel level was not significant, and presently the neigh- bors' concerns focused on the noise and not the visual. aesthetics. He believed the residents of the community should generally be taker, into consideration. A 14 -foot wall would accomplish most of the reduction. AMENDMENT PASSED by a vote of 5-2, Fletcher, Woolley voting "no,• Bechtel, Sutorius absent. MOTION AS AMENDED PASSED unanimously, Bechtel, Sutorius absent. 16A. (OLD 1)t CITY'S FINANCIAL CONDITION - REFER TO FINANCE AND PUBLIC WORKS (F&PW) COMMITTEE (411) (CMR:6 10:6 ) Harrison Otis, 2721 Midtown Court, said Palo Alto had a limited budget and it was important to adhere to it. He did not know the truth about the $2 million deficit, and believed the City was endowed with a capital reserve enough to fund its needs. Palo Alto needed to watch its expenditures and be self-contained with the City staff doing more in-house consulting. He supported a City Council -appointed Controller. MOTION TO REFER: Councilmember .Klein moved, seconded by Woolley, to refer the item to the Finance and Public Works (FSPW) Committee. Councilmember Levy believed a $2 million reduction in the City's unappropriated reserves, which was 60 percent of the City's reserves warranted some discussion and clarification before the matter was referred to the F&PW Committee where it would be a number of weeks before it was heard. Without discussion, he was unable to support the motion. Councilmember Klein said Council was aware of the problem and i .- was more appropriately handled in the F&PW Committee giving staff the appropriate time to respond. He supported the referral. MOTION TO REFER PASSED by a vote of 6-1, Levy voting "no,' Bechtel, Sutorius absent. 168. jOLD 2) CONTRACT WITH CLYDE FARMER TO PROVIDE MAINTNANCE MW SECURITY FOR STABLE, $TABLEMASTER HOUSE. AND BARN AT THE ARASTRADERO PRESERVE (1321-3 c 1598:6) _ Vice Mayor Woolley said the contract was previously on a month -to - month basis and she believed it should be continued on a month - to -month basis because the matter was in question. She believed the matter would return to Council long before the six months was up. 7 9-5 4 12/22/86 MOTION: Vice Mayor Woolley moved approval of the staff recom- mendation with the amendment that the contract be on a month -to - month basis. MOTION DIED FOR LACI OF A SAD Councilmember Fletcher asked why Mr. Farmer would receive a salary in addition to living quarters. Director of Parks and Open Space Latry White said by living on site, Mr. Farmer would provide security for the stable and. house. The City's past experience was if the house was vacant, it quickly became vandalized. City Attorney Diane Northway said the only person who could live in the house was the stablemaster. Because of the Fair Labor Standards Act, an employee could not live in the house, and because of the Park Dedication Ordinance and the term which expired at the end of November, the property could not be leased to anyone else because it would be inconsistent with the park purpose. Staff was more concerned about the use and protection of the house rather than income. NOTIONt Coonc i Mme ber Fletcher moved, seed by Klein, approval of the t eeommeadatfon, approving the stabl emanage- ment contract paying Clyde Farmer the amount of 87,200 (81,200 por for the period January 1, 1987 to Jame 30, 1987. MOTU*PASSED by a vote of 6--1,, Woolley voting *no," Bechtel Ohtor1ts abSent. ADJOURNMENT Council adjourned to a closed session re litigation at 8:20 FINAL ADJOURNMENT Final adjournment at 10:00 p. ATTEST: APPROVED: p.m. 7 9 5 5 12/22/6