HomeMy WebLinkAbout05241993CITY COUNCIL
MINUTES
fties PALO ALTO CITY COUNCI tMEETINGS ARE BROADCAST LIVE VIA KZSU- FREQUENCY 90,1 ON FM DIAL gt-
Regular Meeting
May 24, 1993
1. Proclamation re Emergency Medical Services Week . . 70-422
ORAL COMMUNICATIONS 70-422
MINUTES OF APRIL 19, 1993 70-422
2. Contract with Global Coatings for Regional Water Quality
Control Plant Sedimentation Tank Crack Repair Project 70-423
3. Resolution Approving. a Grant of Easement Benefitting the
Santa Clara Valley Water District 70-423
4. Ordinance Amending the Budget for the Fiscal Year 1992-93
to Close the City's Capital Improvement Project /9077,
"Sand Hill Road EIR," and to Revert Project Funds to the
Budget Stabilization Reserve . . . . Q . . . . . . 70-423
5. The Policy and Services Committee Recommendation, re
Action plan for Study of School Safety Issues and Provide
a Six -Month Status Report on implementation of the Mead-
ow/Charleston Corridor Study Recommendations . . e . 70-423
6. Resolution Upholding the Director of Planning and
Community Environment's Approval of the Demolition of an
Existing 11,417 Square Foot Restaurant Building and
Construction of a New 7,200 -Square Foot Restaurant at
4269 El Camino Real and Rejecting the Appeal Thereof 70-423
7. The Policy and Services Committee Recommendation re
Installation of Stop Signs on Both the East and ;3est Legs
of Rorke Way at Ames Avenue, Installation of Stop Signs
on Hopkins Avenue at Cedar Street and at Chinning Avenue
and Greer Road, and Not to Install the Stop Sign at
Hamilton Avenue and West Crescent Drive 70-423
8. Justification of Using Utilities Funds to Pay for a
Portion of the Comprehensive Plan Update 70-424
05/24/93
70-420
9. Proposed Summer Drop -In Playground Program in the
City of
East Palo Alto 70-426
10. Ordinance Regulating Access to Graffiti Instruments 70-430
11. Johnson Park 70-433
ADJOURNMENT: The meeting adjourned to a Closed Session at
9:20 p.m. 70-440
FINAL ADJOURNMENT: The meeting adjourned at 10:30 p.m. 70-441
05/24/93
70-411
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The City Council of the City of Palo Alto met on this date in the
Council Chambers at 7:03 p.m.
Mayor McCown announced that at 6:00 p.m. a Youth Service Awards
Ceremony 'gas given by the Palo Alto Weekly and Adolescent
Counseling Services.
Mayor McCown announced that at some point during or after the
Pegular Meeting, the City Council would hold a Closed Session in
the Human Resources/Council Conference Room re Personnel pursuant
to Government Code S54957.
PRESENT: Andersen, Cobb (arrived at 7:06 p.m.),
Fazzino, Huber, Kniss, McCown, Rosenbaum,
Simitian, Wheeler
SPECIAL ORDERS OF THE DAY
1. Proclamation re Emergency Medical Services Week
Mayor McCown presented the proclamation.
Council Member Andersen said he was involved in first aid education
at Palo Alto High School and appreciated the work done in the
community.
Battalion Chief Jack Leslie introduced members of the Emergency
Medical Services team which represented personnel from the Fire and
the Police Departments.
9.11ALSMINTALLCIST.M.a
Barbara Spreng, President, Gunn. High School PTA, 27878 Via Feliz,
Los Altos Hills, spoke regarding Gunn High School's display of the
NAMES Project AIDS Memorial Quilt at the Jewish Community Center.
Regina Pustan, P. O. Box 60724, Palo Alto, spoke regarding support
for the Linus Pauling Institute and concern for the five-year
extension and ongoing support for Cuba.
Kathy Barnett, 451 Alger Drive, spoke regarding the appointment of
June Fleming as City Manager, suggested the City Council watch the
videotapes of the Council meetings, and felt that as a member of
the public, she was not welcomed at the Comprehensive Plan Advisory
Committee meeting.
PROVAL OF MINUTES OF APRIL 19. 1993.
MOTION: Council Member Fazzino proved, seconded by Kniss, to
approve the Council Minutes of April 19, 1993, as submitted.
MOTION PABUD 9-0.
COQ CALENDAR
05/24/93
70-422
MOTION! Council Member Kniss moved, seconded by Huber, to approve
Consent Calendar Item Nos. 2-6.
2. Contract with Global Coatings for Regional Water Quality
Contro Plant Sedimentation Tank Crack Repair Project; change
orders not to exceed $8,000
3. Resolution 7189 entitled "Resolution of the Council of the
City of Palo Alto Approving a Grant of Easement Benefitting
the Santa Clara Valley Water District"
Easement to the Santa Clara Valley Water District - Matadero
Creek and El Camino Real
4. Crdin .fie 4154 entitled "Ordinance of the Council of the City
of Palo Alto Amending the Budget for the Fiscal Year 1992-93
to Close the City's Capital Improvement Project 19077, "Sand
Hill Road EIR," and to Revert Project Funds to the Budget
Stabilization Reserve"
5. The Policy and Services Committee recommends to City Council
the action plan for study of school safety issues, based on
the following priorities: (1) Response to site specific
safety issues and requests from individual: schools as referred
through the City/School Traffic Safety Committee; (2)
Implementation of recommendations of the- Meadow/Charleston
School Corridor Safety Study; (3) Application of recommended
notions from the Meadow/Charleston Study to other areas of
City; and (4) Identification and prioritization of other
potential study areas, in consultation with the City/School
Traffic Safety Committee, and report to the Council at the
same time (November 1993) as the six-month Status Report on
implementation of the Meadow/Charleston Corridor study
verveleme ndets
6. Resolution 7,90 entitled "Resolution of the Council of the
City of Palo Alto Upholding the Director of Planning and
Community Environment's Approval of the Demolition of an
Existing 11,417 -Square Foot Restaurant Building and Construc-
tion of a New 7,200 -Square Foot Restaurant at 4269 El Camino
Real and Rejecting the Appeal Thereof"
MOTION PASSED 9-0 for Item Nos. 1-5.
MOTION PABBED 8-0 for Item Nor 6, McCown "not participating."
REPORTS OF COMMITTEES AN COMMISSIONS
7. The Policy and Services Committee Recommendation re Installa-
tion of Stop Signs on Both the East and West Legs of Rorke Way
at Ames Avenue, Installation of Stop Signs on Hopkins Avenue
at Cedar Street and at Channing Avenue and Greer Road, and Not
to Install the Stop Sign at Hamilton Avenue and West Crescent
Drive
05/24/93 70-423
1
Resolution 7191 entitled "Resolution of the Council of the
City of Palo Alto Amending the Citywide stop Intersection
System Map"
NOTION* Chairperson Sinitian moved for the Policy and Services
(P&S) Committee: (1) Installation of stop signs on both the east
and west legs of Rorke Way at Ames Avenue, and (2) Installation of
stop signs on Hopkins Avenue at Cedar Street and at Charming Avenue
and Greer Road. Further, not to install the stop sign at Hamilton
Avenue and West Crescent Drive until staff could work with tha
neighbors on West Crescent Drive and Hamilton Avenue to evaluate
the stop sign suitability as well as alternative traffic measures.
Staff would return to the P&S Committee in three to six months'
time, when an evaluation could be made of the situation.
Council Member Simitian said the P&S Committee sat with three
members, and the Committee had a split vote on the issue of a stop
sign on Channing Avenue, but on all other matters the Committee was
unanimous, Council Member Fazzino and Vice Mayor Kniss sponsored
implementation of the stop sign, and he supported the staff
recommendation. The issue was whether the Council believed stop
signs were or should be a speed control device, and staff argued
that stop signs were not a speed control device. Council Member
Fazzino and Vice Mayor Kniss took a different view which caused the
split vote of 2-1.
MOTION PASSED 9-0.
REPORTS or QTFICIALS
S. Justification of Using Utilities Funds to Pay for a Portion of
the Comprehensive Plan Update
Director of Planning and Community Environment Ken Schreiber said
the assignment to staff was to return to Council with an expanded
discussion of the reasoning behind portions of the Comprehensive
Plan update being non -City staff costs of 15 percent allocated to
the enterprise funds in the Utilities Department and 10 percent to
enterprise funds in the Public Works Department. Staff recommended
Council reaffirm the decision made December 7, 1992, to allocate
the funds according to that formula.
Council Member Rosenbaum said the direction to staff included a
discussion about rent to determine quantitatively the amount of
rent that should be charged the Utilities based on some reasonable
standards, e.g., what it would cost the Utilities to get the
service elsewhere. He expected a quantitative report that would
define the odd number of dollars.
Mr. Schreiber said it would not be feasible to determine the number
of consultant hours it would take for either Public Works or
Utilities to obtain the same information and translate that into a
cost. The information obtained was an integral part of the overall
Comprehensive Plan, and it was almost impossible to pull_ those
elements out because there would be a duplication of the work being
done in the update which would not be cost effective. As indicated
05/24/93
70-424
in the staff report (cM.^:313:93), staff initially established,
based on the work program and the existing Comprehensive Plan, the
ranee that it WAR rntnfnrtghle with in terms of the amount of work
that would be of direct benefit to the Utilities and Publi:.• Works
Departments enterprise funds. Staff recommended the lower portion
of that range for the enterprise funds because it felt it was
appropriate to have some of the costs allocated and because overall
the General Fund had the greatest benefit from the new Comprehen-
sive Plan. It would be difficult to refine the number further.
Council Member Rosenbaum asked whether the cost of the Comprehen-
sive Plan activity would be different if the City did not own its
own utilities.
Mr. Schreiber said it would be different, and the resource
conservation section in the Comprehensive Pian would not exist or
would be smaller if the City did not have the Utilities. There was
a variety of other policy areas that might relate to Utilities
indirectly. The overall costs would not be reduced 25 percent
because a notable part of it would have to be done anyway.
Information would be provided free to Pacific Gas & Electric which
could be used in its analysis of need and development of policies.
Council Member Rosenbaum clarified the Comprehensive Plan was a
benefit to the Utilities because it enabled them to do a certain
amount of planning based on land use. He hoped the Comprehensive
Plan would be useful to a variety of organizations, e.g., the
Chamber of Commerce and any business that planned to locate in Palo
Alto. A Comprehensive Plan was required by the state, and it gave
the public an opportunity to determine the future of the community.
The end result of that effort was of some value to a number of
organizations, but those organizations did not pay for the Plan.
Mr. Schreiber said Palo Alto did not charge; however, some
jurisdictions placeda surcharge on development applications as a
way to recoup the costs. Staff did not believe that level of fee
recovery was appropriate or advantageous for the City. There were
jurisdictions that sold the data in a comprehensive plan to the
private sector but that area had not been pursued by the City. It
could be pursued if Council desired, but he was not certain the
benefit would outweigh the setup costs of the program.
City Manager June Fleming said the City owned and operated its own
Utilities and it functioned differently from how a utility such as
PG&E would. Staff used the information from the Comprehensive Plan
to develop the entire City, and that interest and involvement was
quite different from what the City would have from an outside
agency. Staff's responsibility was to plan for all of the services
provided by the City. Staff used those plans on a daily basis,
whereas PG&E or a water service would not use it daily. Staff
could make better recommendations to the Council and the Council
could make better policy decisions when all of the information was
intertwined into one Comprehensive Plan.
05/24/93
70-425
i
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Council Member Andersen 'queried when the Utilities Advisory
Commission (UAC) would be part of the Comprehensive Plan update
*+rrv'+nstse _
i
Mr. Schreiber said during the first level of review of vision and
goals. Staff had not anticipated direct review of the document by
the Boards and Commissions. The input was being received from the
liaisons to the Boards and Commissions who played an active role in
the Comprehensive Plan Advisory Committee (CPAC) process.
Council Member Andersen clarified there was a representative from
the UAC on CPAC.
Mr. Schreiber said that was correct.
Council Member Andersen clarified the primary source of information
would be through the liaisons and then it would not return to the
Boards and Commissions.
Mr. Schreiber said that was correct during the vision and voals
stage of the Comprehensive Plan. He anticipated specific programs,
i.e., the Resource Conservation Section of the Comprehensive Plan,
would go through the UAC. The UAC would have a role is the
planning.
Council Member Cobb said Utilities already put a sizable amount of
money in the General Fund and queried whether Utilities was being
charged twice.
Mr. Schreiber said no. The resources that roved from the Utilities
to the General Fund were services rendered, facilities provided,
and return on equity.
Council Member Rosenbaum said no quantitative data was received
from the staff, and it was impossible to provide. He did not
believe the staff had justified the charge to the Utilities. The
Council had an obligation to the rate payer, the staff report did
not provide a basis to charge. the Utilities that amount of money,
and it would not stand scrutiny if reviewed by an independent body.
MOTION: Council Member Rosenbaum moved that no moneys for the
Comprehensive Plan process be charged to the Utilities Department.
MOTION FAILED FOR LACK OF A SECOND
MOTION: Council Member Fazzino moved, seconded by Kniss, to
approve the staff recommendation to adopt a motion reaffirming the
allocation of 15 percent of non -staffing Comprehensive Plan update
costs to the Utilities Department and 10 percent to the enterprise
funds in the Public Works Department, as allocated in the
October 19, 1992, Budget Amendment Ordinance.
MCTIOI PASSED 8-1, Rosenbaum "no."
9. Proposed Summer Drop -In Playground Program in the City of East
Palo Alto
05/24/93 70--42€
City Manager June Fleming said before the Council was a request for
funding to assist East Palo Alto in the development of a comprehen-
sive summer recreation program. Council approval was not required
for authorization to approve the expenditure, but in light of the
Council's interest in the City's activities in East Pal:, Alt: :n+
the assistance given to East Palo Alto, she believed it was
appropriate for the Council to make the decision regarding the
funding. The staff report (CMR:319:93) explained in detail what
the City would do. It was an outgrowth of the efforts made in
terms of grant writing and was an expressed need and desire on the
part of the City of East Palo Alto. Staff tried to secure grant
funding for the project, but there was not enough time. It had
been a cooperative arrangement, and she recommended Palo Alto
assume financial responsibility for $16,505 as outlined in the
staff report.
Council Member Simitian asked for a clarification of the City
Attorney's concerns.
City Attorney Ariel Calonne said work was still being done to
analyze completely any risk concerns for the children involved and
liability concerns for the cities involved. He could not guarantee
the $16,505 would be accurate since the dollar amount might differ
slightly as a consequence of safety or risk concerns when the
Budget Amendment Ordinance returned to the Council for approval.
Council Member Simitian queried who would provide the program. The
liability concerns suggested that the City of Palo Alto would be
providing the program, but he understood that the City of East Palo
Alto would provide the program. The staff report (CMR:319:93)
indicated the program funds would be received by and managed by the
Peninsula Community Foundation.
Human Services Administrator David Martin said staff envisioned the
program being run by East Palo Alto's Community Services Depart-
ment. The. City's involvement would be limited to the progrees
quality issue, development of a training program for staff, and a
contractual relationship with the overall supervisor of the
program. - Staff envisioned a training program before the program
started and ccntrol of the contract for the supervisor, but it was
East Palo Alto's program.
Ms. Fleming said the contract person would be responsible to the
City of East Palo Alto. One additional benefit of the program was
that it would leave the City of East Palo Alto with a process in
place so that it could train and set up a program for next year.
Council Member Andersen queried whether the program would be held
exclusively at the Bell Street Park.
Mr. Martin said staff envisioned the main operation at Bell Street
Park. If the numbers increased, there was the option of developing
satellite programs at other parks. The swimming would be off site
at Ravenswood and in the City of Palo Alto.
05/24/93 70-427
Director of Community Services Mada Okele, City of East Palo Alto,
said the Bell Street Recreation Center would be the main place for
the drop -in program. Programs would be held from 9 a.m. to 9 p.m.
Enrollment was anticipated to be approximately 500 children, and
satellite locations might be necessary if the numbers increased.
Council Member Andersen asked whether the community policing
program would be implemented to prevent illegal activity in the
area and whether it would involve community outreach by the East
Palo Alto Police Department.
Mr. Martin said a second -year
East Palo Alto that morning
efforts. The East Palo Alto
police officers would be very
walk the beat, and be at Bell
grant of $93,000 had been funded to
to continue its community policing
Police Chief assured staff that the
visible, would leave their cars and
Street Park on a daily basis.
Council Member Wheeler said the City of Menlo Park and the County
of San Mateo had been requested to provide funding, and she
understood the Menlo Park City Council would consider the request
at its May 25, 1993, meeting and queried when the County of San
Mateo -would consider the issue.
Mr. Martin said the County of San Mateo was seeking funds immedi-
ately. It might be blended with several other proposals, and the
County had indicated it had drug and alcohol funding which could
fit into those program types. The amount that would be dedicated
to the program had not been determiner. He had received verbal
assurance of $84,000 from a group of fenders for the programs.
•
Council Member Wheeler asked whether any of the private foundation
moneys would be allocated toward the program if there were a
shortfall from governmental sources.
Mr. Martin said that had not been discussed in detail. The $84,000
would be used for a group of programs being run by the City of East
Palo Alto as opposed to the programs being run by nonprofit
foundations. If there were a shortfall, it might be possible to
utilize some of those funds.
Ms. Fleming said staff had designed that element of the program to
be flexible so if there were a shortfall, minor adjustments could
be made.
Council Member Wheeler queried how much shorter the program would
be if the Council approved the funding but the other governmental
entities did not participate.
Mr, Martin said the program would be shortened by two weeks which
would save approximately 15 to 20 percent. Money from other
sources could also be found.
Council Member Wheeler clarified other sources of funding would be
sought so the program could be completed.
Mr. Martin said that was correct.
05/24/93 70-428
Vice Mayor Kniss queried. whether the swimming pool could be
repaired.
Mr. Okela said the swimming pool had been closed since 1975 and
would have to be replaced.
NOTION: Council Member Fazzino moved, seconded by Kniss, that
Council authorize the contribution of $16,505 to the unfunded
balance of the proposed Summer Drop -In Playground Program to be
offered in the City of East Palo Alto, and that staff return with
a Budget Amendment Ordinance for Council approval on a subsequent
Consent Calendar.
council Member Fazzino thanked the staff from both East Palo Alto
and Palo Alto for an outstanding joint effort. He was delighted
the program was brought forward prior to Summer 1993. A number of
ideas surfaced last summer, but because of other priorities, the
program was not put in place. In the future, he wanted Palo Alto
to be known for contributing to that kind of program rather than
contributing to ongoing police support. It was the kind of ongoing
program that would characterize the relationship between East Palo
Alto and Palo Alto.
Council Member Simitian supported the recommendation. It was a
modest amount of money and was money well spent. It would wave
immediate and obvious benefits and would help leverage other funds.
His concern was that the expenditures needed to occur in the
context of a long-term strategic expenditure furid which would do
more than simply respond to the urgency of the moment. He believed
the City needed to get past the urgency of the moment and begin to
look at how the dollars could be spent to achieve a long-term
solution to the issues faced. He urged the staff to return to the
Council at a later date with a strategic view of how and where the
City might apply its limited resources to address the problems.
Mr. Calonne said the expenditure was for an extraterritorial
activity, and the authorization of the expenditure by Council
concluded that there was a benefit to Palo Alto. To his knowledge,
it was the first instance in which a non -police expenditure had
been authorized. Staff's conclusion was that the program was as
beneficial to Palo Alto as any police expenditure.
Vice Mayor Kniss supported Council Member Simitian's consents, And
the City needed to have spending efforts coordinated.
Mayor McCown acknowledged that during Council Member Fazzino's term
as Mayor, he actively pursued the sax: idea but due to uncontrolla-
ble circumstances, it had not been successful. It was wonderful
the efforts of the staff from the three cities and San Mateo County
had brought the program to reality for the summer.
NOTION PASSED 9-0.
Mr. Okela expressed East Palo Alto's sincere thanks for the
Council's support.
1
COUNCIL_ NATTERS
10. Council Member Andersen re Ordinance Regulating Access to
Graffiti Instruments
Council Member Andersen said the City of San Jose's Mayor Susan
Hammer had introduced an ordinance regulating access to graffiti
instruments. The difficulty with such an ordinance was that young
people had ready access on another border to the instruments.
Recently, there had been an increase in the amount of graffiti.
Mayor Hammer's Office learned during the preparation of its
ordinance that 108,000 cans of spray paint were used daily in the
United States, and most of those were stolen. There were seven
bills before the legislature that would give a few more options to
communities as the issue became more significant. Over $50 million
was spent in 1992 in Los Angeles County in order to clean up
graffiti. It was suggested that if the City moved forward with an
ordinance, it consider a 45 -day period for implementation. The
City of San Jose's ordinance would become effective June 17, 1993.
He would present the proposal at the next meeting of the Santa
Clare County Cities Association to encourage other cities to join
in the effort. He proposed that the item be referred to the Policy
and Services (P&S) Committee and that it be considered as soon as
possible.
MOTION: Council Member Andersen moved, seconded by Fazzino, to
refer the item to the Policy and Services Committee for consider-
ation.
Bob Moss, 4010 Orme Street, said if Palo Alto were the only city in
the area that passed the ordinance, it would not be very effective.
The City had a serious graffiti problem, and he provided pictures
of areas in the City where graffiti was a problem. He had removed
aver 80 tags in the area in the last 10 to 12 days. The Barron
Park Association had removed over 500 tags since January 1993,
primarily along El Camino Real and Barron Park. Some of the recent
tags related to violent gangs, and the graffiti defined the gang's
territory. He presented the official Barron Park Association
Graffiti Removal Kit and said over $180 had been spent on materials
over. the last five months. He encouraged the Council to do
whatever it could to remove graffitiin the community.
Irvin Dawid, 3386 La Donna Avenue, said it was a serious problem.
There were numerous complaints about graffiti at the CalTrain
stations, and there were problems on buses as well. He urged the
Council to reduce graffiti.
Will Beckett, 4189 Baker Street, said when the graffiti was cleaned
up, it did not come back as quickly. The graffiti was a sign of
possible gang problems and was a bigger problem than just graffiti.
The City needed to instill pride in the youth that lived in Palo
Alto that Palo Altans did not do that sort of thins.
Council Member Andersen said even if the Council adopted an
ordinance, it would be a small step toward making a dramatic
change. He was convinced that a change would only happen when
05/24/93
70-430
young people realized it. would not succeed. He hoped other
associations would take Barron Park's lead. He wes committed to an
educational effort but recocxnized that many of the young people who
sprayed the graffiti were under 16 years old. Mayor Hammer would
be communicating to each of the mayors in Santa Clara County to
take a lead on passing a similar ordinance.
Council Member Fazzino said graffiti was a serious urban problem
and constituted a major destruction of property. There had been
serious graffiti problems in the City over the last several months.
Barron Park was a notable area of concern. Some of the most
offensive graffiti was at the CalTrain stations. It had to be
addressed as quickly as possible and on a regional basis. The
access to graffiti instruments was a tangible way in which the
issue could be addressed. He believed the approach by San Jose was
in the right direction. The proposal requested the P&S Committee
to evaluate the issue.
Vice Mayor Kniss would reluctantly support the motion. She was
saddened by the issue of both gangs and the fact that the City was
being defaced by that particular type of art. She was concerned
the graffiti instruments were usually stolen and the burden that
would be placed on businesses. Any business that had spray paint
containers or marker pens would be impacted. She was uncertain
that was the correct way to stop that type of graffiti, and it
would burden an area that could least afford to lock up all of its
graffiti instruments. The issue was a bigger problem.
Ms. Fleming asked Council to allow staff to expand on the referral.
She said there was an in-house graffiti committee, and she
requested that the committee be allowed to make an interim report
to the Council and put some innovation and creativity in a response
in support of an ordinance. The City Attorney wanted the opportu-
nity to review other ordinances that were in place with the P&S
Committee. All the cities in the area would benefit if Palo Alto
could improve the ordinance.
xlk'+ x AND SECONDER ikaRcrim T1 INCO'�,+.�,P‘ Tw L.
...7.E MOTION the a..t,
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City's Graffiti Committee be allowed to make an interim report to
the City Council on strategies for graffiti control, including
other ordinances.
Vice Mayor Kniss queried whether there was a state law regarding
graffiti instruments and whether there had been any regional or
state efforts that would address the problem.
City Attorney Ariel Calonne said most of the communities in
Southern California were further along with the problem than Palo
Alto. There was a number of pieces that addressed graffiti and
that might be one of them. There was a Los Angeles ordinance
challenged in the courts that claimed the state law that forbade
sale to minors of spray paint cans preempted the city's ability to
enact that kind of ordinance. The courts had rejected that claim
and said that Los Angeles could enact that kind of ordinance. He
was unclear to what extent state law dealt, if at all, with four
millimeter or broader marker pens. He believed San Jose was
05/24/93 70-431
i
rolling marker pens into the inconvenient sale part of the
ordinance but did not have the backup of state law prohibition
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Council Member Simitian supported the motion to refer the issue to
the P&S Committee with the expanded topic described by the City
Manager, but he could not support the motion, as presented, since
it was a conclusion to the discussion the Committee might have
based upon the information that would cme from the City Manager's
office. He preferred the specific ordinance regulating access to
the graffiti instruments be deleted from the referral and to let
the Committee deal with the broader, more important issue of
graffiti and gangs before it focused its attention on regulating
the location and sale of marker pens and spray paint cans.
Mayor McCown clarified the original motion referred the ordinance
to the P&S Committee and that was expanded by staff to include
other work that staff had already done as well as the possibility
of ether approaches as an alternative or modification to the ordi-
nance.
.AMENDMENT: Council Member Simitian moved, seconded by )miss, to
remove from the referral to the Policy and Services Committee the
consideration of the ordinance regulating access to graffiti
instruments as adopted by the City of San Jose.
Council Member Simitian would not support the referral but would
consider other solutions that would address the problem. He did
not believe it addressed) or solved the problem. The Council, should
delay including in the motion any specific solution to a problem
which had not yet been described or defined by the City Manager.
Council Member Andersen believed consideration should be given to
the ordinance in the context of what. Mayor Hammer was trying to
accomplish. In order for San Jose's efforts to be successful, the
issue needed support throughout Santa Clara County. The City could
support the effort but acknowledged that it would not solve the
problem. It was one step in the process, and it would make it less
effective in other parts of the County without Palo Alto's support.
The proposal should be supported for the regional benefits that
would be achieved. He wanted the P&S Committee to give it a
comprehensive analysis, particularly in view of the fact that the
City Manager and City Attorney would provide additional approaches
that might make it one link in the chain.
Council Member Fazzino said Council Member Simitian's amendment was
not a substantive change from the original proposal, but it
demonstrated his concern about dealing with the issue of graffiti
instruments. There would be plenty of opportunity to express
concern when the entire issue was before the P&S Committee. He
supported the original motion because it addressed the issue of
graffiti instruments which was a recent major development in
graffiti control and was worth evaluation by the P&S Committee.
Mayor Hammer asked the City to address the issue, and in the spirit
of regional cooperation, the City should address the issue. The
Council would review the testimony of the P&S Committee and decide
05/24/93
70-432
whether or not to accept the proposal. The P&S Committee was being
asked to address both the specific issue of graffiti instruments as
proposed by Mayor Hammer and some of the larger issues suggested by
the City Manager.
AXINDMINT FAILED 3-6, Huber, Kniss, Simitian "yes."
NOTION PASSED 9-0.
11. Mayor McCown, Council Member Fazzino, and Vice Mayor Kniss re
Johnson Park
NOTION: Council Member Fazzino moved, seconded by Kniss, that
Council direct the City Manager to bring to the Policy and Services
Committee a plan to address at one time both the Downtown and the
Johnson Park public rest room issues.
Council Member Fazzino said when Joseph Baldwin explained the
situation at the condominium complex across the street from Johnson
Park, it was easy for the Council to support a motion to direct
staff to install a portable rest room in Johnson Park immediately.
He expressed concern at the time about moving too quickly because
a process was already in place, and a number of discussions had
been held with the neighbors during the last few months regarding
the issue. If Paul Thiltgen, Director of Community Services, had
been available that evening, he would have provided the Council
with important information regarding the nature of those
discussions and the fact that the neighborhood was somewhat split
on the issue. There was some evidence that the issue of the need
for a rest room in Johnson Park was not only limited to the issue
of park users but also to the larger issue of transients and
homeless in the Downtown area. Re was more sensitive than many of
his colleagues on the issue since he lived in the Downtown area and
had heard from neighbors who were on different sides of the issue.
He wanted to make sure all the issues were evaluated fairly before
the Council moved forward. When the Council agreed to install the
temporary trial rest room at Johnson Park, several Council Members
indicated to the staff that they wanted the larger issue of the
Downtown rest roams to ba addressed at the same time. The City
Manager was concerned about the timetable proposed that evening.
Several weeks later, staff returned to the Council and indicated it
would be more expensive than the original estimate to install a
rest room in Johnson Park. A week later, the Council received more
evidence that the problem had as etch to do with the homeless and
transients in the Downtown as it did with basketball players and
other users of Johnson Park. He recognized there were several
issues that had to be addressed. It was prudent for the Council to
address all the issues at the same time, and he supported the
action proposed.
Council Member Andersen said staff indicated in an earlier report
that at a community meeting 18 people opposed and 14 supported the
proposal.
Mayor McCown clarified 14 people opposed and 10 people supported
the proposal.
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Council Member Andersen queried whether there would be a new
direction to staff.
Council Member Fazzino said yes.
Council Member Andersen clarified staff might recommend that the
proposal not include a rest room facility in that park or any park
in the City.
Council Member Fazzino said the recommendation would address 's
larger issue.
Council Member Andersen clarified staff might return with a
recommendation for rest room facilities in Johnson Park and other
narks as well.
Council Member Fazzino said the emphasis would be on the Downtown
area.
Council Member Andersen clarified there might be a recommendation
to put portable rest rooms in the Downtown area, which could
include Johnson Park.
Council Member Fa:'zino said that was correct.
Council Member Wheeler was sensitive to the matter of timing both
for staff and for the community and asked if the referral were
made, how much time would staff need to return with a report that
addressed the comprehensive plan for Downtown.
City ManagerJune Fleming said staff would need approximately three
or four weeks to prepare the report so Council would not receive
the information until the first of July, beginning of the next
fiscal year.
Council Member Wheeler asked whether there was difference between
returning to the P&S Committee and returning to the Council. There
was a different type of discussion at the P&S Committee meeting,
and it also would take another month before implementation.
Ms. Fleming said if the item were referred to the P&S Committee,
the Committee would review the staff report, and if a decision were
made that evening, the item would return to the Council within two
or three weeks. If the item were referred to the Committee in
July, it would return to the Council in August 1993. If the
Council made a decision when it received the information, staff
would need a few weeks to implement the decision so it would be in
the fall.
Council Member Wheeler asked how much time would be saved if the
issue returned directly to the Council.
Ms. Flemming said three or four weeks would be saved.
Council Member Huber said the P&S Committee would be accepting the
fact that there was an acknowledged need for public rest rooms in
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the Downtown area and then.determine how to meet that need, e.g.,
portable or internal rest rooms. He asked whether the slate could
be wiped clean, start the issue over, and not deal with Johnson
Park as indicated in the memorandum.
Mayor McCown suggested the Council consider the motion first which
might suggest potential changes to the motion.
Council Member Cobb said the speakers would probably argue either
"yes" or "no" on the Johnson Park solution. The public's
expectations needed to be clarified about whether or not the issue
would be resolved that evening or be referred. If the issue were
being referred to the P&S Committee for discussion, then he would
urge the public to discuss the issue with the Committee.
Mayor McCown said the agenda item was to delay the prior action and
refer the entire subject, including Johnson Park, to the P&S
Committee. She asked whether, within the scope of the agenda item,
there could be an action by the Council that evening to rescind the
prior decision which was to approve immediate implementation. The
agenda item did not put before the Council a potential vote to
rescind prior action.
Council Member Cobb said the intent
that evening. Arguments either pro
installation of Johnson Park should
so the issue could be considered at
should be clear to the public
or con on the specifics of the
be taken to the P&S Committee
the same time.
City Attorney Ariel Calonne said the agenda listing was not
sufficient to support a rescissio', action on Johnson Park,
Mayt:r McCown clarified it was an appropriate argument if people
prcterred the subject not be referred because they wanted to leave
the decision in place. The issue was whether to refer the item to
the P&S Committee.
Vice Mayor Kniss asked if the Council dealt with the public rest
room in Johnson Park, which was a neighborhood park, and if it came
up for several other neighborhood parks, whether the referral would
set a precedent.
Mayor McCown clarified the specific item was the referral of the
subject of the potential Johnson Park public rest room and the
Downtown. The P&S Committee could discuss whether there were
implications for other parks. The referral did not prejudge
whether that action would come out of the Committee.
Vice Mayor Kniss clarified the P&S Committee could discuss the
overall issue:
Mayor McCown said the P&S Committee could recommend to Council that
the Council consider the issue for other parks. The P&S Committee,
based on the referral, would not be able to make a decision about
other parks.
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i
Vice Mayor Kniss clarified unless the Council amended the referral
to indicate that it wanted the P&S Committee to consider__ the
J t1. t -n *he s i nr t 7 er issue,
VYf.:atGLa.1 iovu� rather �.a.u�, �. o..� i.ua4C, it would nave to
return to the Council for another referral.
Council Member Fazzino clarified the issue had to be done solely
for the Downtown area and Johnson Park. Rest rooms already existed
in several neighborhood parks and that was a separate issue. He
agreed with Mayor McCown that if that proposal came out of the P&S
Committee, it would have to be a separate item.
Trisha Ward-Dolkas, 412 Everett Street, said when Johnson Park was
developed, it was a fabulous process, but in contrast, the rest
room discussion had been a disaster and there had been no
notification. There was discussion in 1984 about whether the Park
should have a rest room facility, and the neighbors agreed there
should not be a rest room facility because it should be kept a
neighborhood park and the usage should be limited to the people who
did not need to drive to the Park. The basketball hoop was added
at the last minute so there would be something in the Park for the
teenagers. She supported the referral and asked that the process
include adequate notification. She suggested baseline measurements
of the usage of Johnson Park before a trial period was done. It
was overused during the summer and putting in rest room facilities
would encourage more use by people who needed to drive to the Park,
Julie Tachlind, 250 Cowper Street, supported the referral and
presented a petition that opposed a rest room in the neighborhood
which was signed by over 100 people, More people should not be
drawn to Johnson Park, and the rest room facilities should be put
in the Downtown area to attract shoppers.
Mark Nanevicz, 228 Waverley Street, supported the referral and
believed the community could offer a lot of alternatives that
should be c nsidered before Council took action. A majority of the
people were in favor of removal of the basketball hoop, and he
suggested the basketball hoop be relocated to El Camino Park which
already had a rest room facility and was a sports facilities park.
Donna Gustafson, 262 Waverley Street, objected to further delay of
the issue. The people who lived in the condominium complex had
endured excessive sanitary problems, and there was concern about
public safety. She had encountered problems with basketball
players, and many of the Park users were basketball players. She
supported removal of the basketball court. The Council had agreed
to install, as a temporary measure, a rest room facility. She
erged the Council not to delay the trial period.
Council Member Fazzino asked whether Ms. Gustafson called the
Police Department when problems occurred with individuals.
Ms. Gustafson said the Police Department had responded to her calls
and had been cooperative.
Claire Carter, 288 Waverley Street, urged the Council
reverse the six-month trial installation of a portable rest
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not to
room in
70-436
Johnson Park. 'The condominium residents were severely impacted by
the problem because of the proximity to the basketball court and
the configuration of the building. The Park attracted people who
ilea no access .Q.�.. ..., ...�...�� to a nearby rest room. It would be unfair to deny
the residents the solution that was previously approved.
Ida Hynes, 284 Waverley Street, was appalled to have to talk about
urine and feces. The solution was uncertain, but sanity and health
were important. She believed the removal of the basketball hoop
might be the solution.
Steve Frankel, 351 Bryant Court, supported the referral and said
other residents were impacted by the overuse of the Park and did
not want their neighbors' property soiled. There were other
solutions that might come out of the discussions at the PfiS
Committee meetings, and the best solutions for a neighborhood park
were from neighborhood input.
Jim Ivey, 292 Waverley Street, said the matter should be discussed
at the P&S Committee since a lot of input was required on the
subject, but he urged the Council not to delay the trial
installation while the discussion took place. The trial
installation could serve as an important dtta point in further
discussions requiring the Downtown.
Ronald Rasin, 296 Waverley Street, appreciated the Council's
addressing the whole issue of rest rooms ir3.Downtown. He urged
Council to move forward with the trial period as approved. The
neighbors would be comfortable with removal of the rest room if it
were placed two blocks away or if the basketball court were
removed. Discussion of the whole issue would not serve the
neighbors' concerns.
Roger Craig, 101 Waverley Street, asked whether there was an
ordinance that made unwelcome defecation on private property
unlawful. If the people were prosecuted, it would stop the .problea
immediately. He believed supplying rest rooms for people at large
was a laudable thing to do. He recommended immediate action be
taken by the Police Department to deal with the problem without
involving the Council. The referral should be a public rest room
issue for the City of Palo Alto, and Johnson Park should be taken
out of the issue.
Walter Sedricks, 325 Waverley Street, said a portable rest room in
Johnson Park would change the Park to a rest room facility for the
Downtown. Council should consider why the rest room facility was
locked during the day at El Camino Park. He suggested the issue be
reopened and done properly.
Pam Harsh, 327 Waverley Street, thanked the Council for agendizing
the issue since it had been an issue of great concern within the
neighborhood. Downtown Palo Alto was a lively and active urban
place, and along with the joy of working, shopping, and collecting
sales tax from any urban area was the responsibility to deal with
the social issues and the physical infrastructure needs. The need
for public rest room facilities was a predictable result of a
05/24/93
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i
i
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1
mature downtown. A piece of the Downtown rest room problem could
not be isolated without considering the needs of the whole
Downtown. Johnson Park fit the definition of a neighborhood park
but was not a typical neighborhood park and functioned as a public
facility. The area was not isolated and anything that happened in
the Park would affect and be affected by things that happened in
the Downtown area. If a rest room facility were placed in Johnson
Park without addressing the broader Downtown need for facilities,
it 'night create some long-term problems for that facility. She
supported the referral which would provide an opportunity for all
participants to define the problem and think in a comprehensive
way abort a solution that suited everyone's interest. If Council
moved forward with the previously approved action for Johnson Park,
she asked that the rest room facility be placed at a Downtown
location and a directional sign be placed at Jonnson Park. If the
Council moved forward with the referral, she asked that
notification be sent to the people involved in the issue.
Dan Lorimer, 465 Hawthorne Avenue, supported the referral and
Ms. Marsh's comments. It would give an opportunity for a public
forums The decision to put the facility in Johnson Park should be
rescinded based on the fact that there was not a proper public
forum. He suggested a'.l residents within two blocks of Johnson
Park be notified. He supported Council Member Huber's proposal to
wipe the slate clean. Thare was neighborhood consensus on the
basketball court. The trial rest room facility should be Downtown,
not in Johnson Park.
Irvin Dawid, 3886 La Donna Avenue, said Palo Alto was experiencing
the urban blight that other more populated cities experienced. The
residents had a valid point regarding notification, and good public
outreach was important. He sympathized with the need for an
immediate solution for the problem and urged the Council to view it
as a singular issue.
Council Member Simitian queried whether the use of plainclothes
police officers would be feasible as an interim solution to the
problet, e.g., awareness among usc>rs of Johnson Park that they were
at risk if they took advantage of neighboring properties.
Ms. Fleming would pursue that possibility with the Chief of Police.
Another irritant problem in Johnson Park had been pursued in that
manner, and as long as the Police Department pursued the problem,
it remained in control, but because police officers could not be
persistent, it returned but not at the same magnitude as before.
Council. Member Cobb queried whether signs could be posted in the
area with an explanation that it was against the law to defecate on
private property.
Ms. Fleming would investigate whether there was an ordinance that
applied, and staff would take appropriate action. Ranger patrols
might be a solution.
Council Member Cobb preferred uniform police officers which acted
as more of a deterrent than police officers in plain clothes. He
05/24/93 70-438
queried whether everything could be in place so if the P&S
Committee decided to move forward with the trial in Johnson Park,
the implementation time would be minimal.
Ms. Fleming understood the action taken by the Architectural Review
Board (ARB) modified the action that was planned. The ARB only
approved the placement of a regular green portable rest room
facility and the placement was a simple matter.
Council Member Cobb said there had been persuasive arguments made
for a referral and the P&S Committee should deal with the issue
quickly.
Council Member Andersen said initially he suggested a poll of the
neighbors, but because it was a six-month trial period, the Council
decided to move forward. He was concerned that a health issue
needed to be addressed, and people who used the Park needed rest
room facilities. He wanted a comprehensive view of the issues, and
there were two issues: (1) the need for public rest rooms in the
community and (2) how the parks were used. It was disconcerting to
hear that something was a failure in a park because it was being
used. As soon as there was use of a facility, the neighborhood
considered it less desirable. The use of the park and the
complications as a result of that use had to be considered when
people lived near a park. He appreciated the neighborhood response
and saw a solution -oriented approach being suggested. He believed
the suggestions in the motion could be accomplished and still
continue the procedure established previously by the Council. A
comprehensive analysis could proceed regarding Johnson Park, the
Downtown area, and the public rest room facilities. He did not
believe anything negative would happen from a six-month evaluation
of a public:acidity, particularly during a time when the neighbors
were most concerned.
SUBSTITUTE MOTION: Council Member Andersen moved that the City
Council direct the City Manager to bring to the Policy and Services
Committee a plan to address at one time both the Downtown and
Johnson Park public rest room issues while proceeding with the six-
month experience at Johnson Park.
SUBSTITUTE MOTION FAILED FOR LACK OF SECOND
Council Member Simitian said members of the public and Council
Member Cobb requested the issue be placed at the top of the P&S
Committee's agenda. In addition, there was a request to place the
graffiti issue at the top of the agenda. He clarified there were
other items that needed to be heard on the agenda, and he did not
want the Council or members of the public to be left with the
unrealistic expectatian that those items would be at the beginning
of the agenda at the same time. Part of the problem faced that
evening was that the Council had acted precipitously, and in an
effort to move quickly, he did not want the Committee to move
precipitously on the decision. He hoped when the items were
scheduled with the Committee, it would be done when the staff
indicated it had had an opportunity to fully explore and comment on
the plan. He had experienced that Committee meeting schedules were
05/24/93
70-439.
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less widely understood by the public than the Council's schedule.
He asked how the staff could make sure the public was fully
informed about the Committee meetings.
Ms. Fleming said staff intended to use the signatures on the
petition to service as a partial list for noticing and also the
standard noticing procedure in the Downtown area of residents.
Every effort would be made to send the notices a week prior to the
Committee meeting. There was concern about the timing since there
was another assignment that needed to be returned to the Council
quickly. Staff would work with Council Member Simitian, Chair of
the P&S Committee, on the timing.
Vice Mayor Kniss said during the last General Election, people were
constantly reminded that the issue was the economy, and in Palo
Alto the issue was the process. She believed the process was ill
served because the Council had ended up with a lengthy discussion
which indicated how much energy and effort was needed to solve the
particular problem. As stated by Ms. Marsh, the issue of public
rest rooms was an old issue and had not been addressed
sufficiently. She understood the urgency and appreciated the
neighborhood's concern but urged that enough time be spent on the
process to address the concerns.
Council Member Andersen requested signs be posted at Johnson Park
regarding the time and place of the P&S Committee meetings,
Council Member Simitian would work with the staff and select a
meeting date far in advance so the date when the issue was
scheduled would be identified which would accommodate greater word-
of-mouth notice in the neighborhood.
Council Member Pazzino clarified the City Manager had the authority
to regulate certain uses in the park, i.e., basketball court. If
the City Manager determined as a .°esult of recommendations by staff
that there seemed to be an overuse in one part of the park, eee
City Manager could deal with the issue.
Ms. Fleming said that was correct.
Mayor McCown said the Council was ahead of itself, and the
neighborhood was capable and interested in devising the best
possible solution to the problem. The problem was not being
discounted by the conclusion that the Council needed to take the
time to work carefully through the issue and find the best
solution.
Ms. Fleming assured the Council that staff would consider interim
steps to mitigate the problem, but she did not believe those
interim steps would be the solution.
MOTION PASSED 8-1, Andersen "no."
D.OUtNMENT: The meeting adjourned to a Closed Session at
9:20 p.m.
05/24/93 70-440
FINAL Q4RMUM: The meeting adjourned at 10:30 p.n.
ATTEST.
C ' . y Clerk
*PPROVEDt
NOTE: sense minutes {synopsis) are prepared in accordance with
Palo Alto Municipal Code Sections 2.04.200 (a) and (b). The City
Council and Standing Committee meeting tapes are made solely far
the purpose of facilitating the preparation of the minutes of tbe
meetings. City Council and Standing Committer meeting tapes are
recycled two years from the date of the meeting. The tapes are
available for members of the public to listen to during regular
office hours.
05/24/93
70-441