HomeMy WebLinkAbout2015-04-06 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL
ACTION MINUTES
Regular Meeting
April 6, 2015
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:06 P.M.
Present: Berman, Burt, Filseth, Holman, Kniss arrived at 7:14 P.M.,
Scharff, Schmid, Wolbach
Absent: DuBois
Study Session
1. Cost of Services Update and Draft User Fee Cost Recovery Level Policy
Discussion.
Special Orders of the Day
2. Selection of Applicants to Interview on April 15, 2015 for the Human
Relations Commission, the Public Art Commission and the Utilities
Advisory Commission.
MOTION: Vice Mayor Schmid moved, seconded by Council Member
Wolbach to interview all candidates for the Human Relations Commission, the Public Art Commission and the Utilities Advisor Commission.
MOTION PASSED: 6-1 Scharff no, DuBois, Kniss absent
Agenda Changes, Additions and Deletions
None.
Minutes Approval
3. January 20, 2015, February 9 and February 17, 2015.
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ACTION MINUTES
MOTION: Vice Mayor Schmid moved, seconded by Council Member Kniss to
approve the minutes of January 20, February 9 and 17, 2015.
MOTION PASSED: 7-0-1 Scharff abstaining, DuBois absent
Consent Calendar
MOTION: Council Member Burt moved, seconded by Vice Mayor Schmid,
third by Council Member Filseth to pull Agenda Item Number 15- Appeal of
the Planning and Community Environment Director's Architectural Review
Approval of a 31,407 s.f., Four Story, Mixed Use Building With Parking
Facilities on Two Subterranean Levels Requested by Ken Hayes Architects, Inc. on Behalf of Kipling Post LP to Replace Two One-story
Commercial/Retail Buildings on an 11,000 s.f. Site in the Downtown
Commercial (CD-C (GF)(P)) Zone District Located at 429 University Avenue,
to be heard on May 4, 2015.
MOTION: Vice Mayor Schmid moved, seconded by Council Member Kniss to
approve Agenda Item Numbers 4-14 & 16.
4. Approve and Authorize the City Manager to Execute a Construction
Contract with Cal Electro Inc. in the Amount of $514,000 for the
Electric Underground Rebuild and Re-conductor Project, Phase III
Along and Near (A) San Antonio Road Between East Charleston and
Middlefield Roads and, (B) Middlefield Road Between East Charleston
and East Meadow Drive.
5. Approval of a Construction Grant Agreement with The Association of
Bay Area Governments and the San Francisco Bay Area Water Trail in
the Amount of $40,000 for Palo Alto Baylands Sailing Station
Accessibility Improvements and Adoption of a Budget Amendment
Ordinance 5315 entitled “Budget Amendment Ordinance of the Council
of the City of Palo Alto in the Capital Project Fund in Amount of
$40,000.”
6. Policy and Services Committee Recommendation to Accept the
Auditor's Office Quarterly Report as of December 31, 2014.
7. Resolution 9502 entitled “Resolution of the Council of the City of Palo
Alto Amending the Structure of the Palo Alto/Stanford Citizen Corps
Council / Palo Alto Emergency Services Council.”
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ACTION MINUTES
8. Approval of Letter of Agreement with the City of Sunnyvale for
Emergency Operations Plan.
9. Approval of Contract with Traffic Data Services, Inc. for a Total of
$100,000 to Provide On-Call Traffic Data Collection Services and
Approval of a Budget Amendment Ordinance 5316 entitled “Budget
Amendment Ordinance of the Council of the City of Palo Alto in the
University Avenue Parking Permit Fund and the General Fund.”
10. Approval of Contract Number C15155597 with Biggs Cardosa &
Associates, Inc. in an Amount Not to Exceed $149,250 for Consulting Engineering Services for the Citywide Bridge Assessment Project – CIP
PE-13012.
11. Approval of a Record of Land Use Action and a Site and Design
Application for a New Single-Story, Single-Family Residence and
Associated Site Improvements on a 3.5-Acre Parcel of Land in the
Open Space (OS) Zoning District Located at 805 Los Trancos Road.
12. Adoption of Corrected Resolution 9499 entitled “Resolution of the
Council of the City of Palo Alto of the Council Ordering Weed Nuisance
Abated.”
13. Confirmation of Appointment of Suzanne Mason as Assistant City
Manager and Approval of Employment Agreement.
14. Adoption of a Contract Amendment with Val Security and a Budget
Amendment Ordinance in the Amount of $175,000 to Increase the
Project Safety Net Fund and Decrease the Stanford Medical Center
Development Agreement Fund.
15. Appeal of the Planning and Community Environment Director's
Architectural Review Approval of a 31,407 s.f., Four Story, Mixed Use
Building With Parking Facilities on Two Subterranean Levels Requested
by Ken Hayes Architects, Inc. on Behalf of Kipling Post LP to Replace
Two One-story Commercial/Retail Buildings on an 11,000 s.f. Site in
the Downtown Commercial (CD-C (GF)(P)) Zone District Located at
429 University Avenue.
16. Approval of a Contract Amendment with Genuent USA, LLC, Intratek
Computer, Inc., Digital Intelligence Systems, LLC, GTC Systems, Inc.,
Modis, Inc., Bodhtree Solutions, Inc. and Signature Technology Group,
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ACTION MINUTES
Inc. For IT Temporary Staffing Support Services in a Total Amount Not
to Exceed $650,000 Per Fiscal Year for All Seven Contracts.
MOTION FOR AGENDA ITEM NUMBERS 4-14 AND 16 PASSED: 8-0
DuBois absent
Action Items
17. TEFRA HEARING: Regarding Conduit Financing for the Stevenson
House Project, Located at 455 East Charleston Road, Palo Alto, and
Adoption of a Resolution 9502, and Approving the Issuance of Revenue
Bonds by the California Municipal Finance Authority for the Purpose of Financing the Acquisition and Rehabilitation of a Multifamily Rental
Housing Facility.
Public Hearing opened at: 8:06 P.M.
Public Hearing closed at 8:09 P.M.
MOTION: Council Member Scharff moved, seconded by Council Member
Kniss to adopt the Resolution approving the issuance of the bonds by the
California Municipal Finance Authority (CMFA) for the benefit of Palo Alto
Senior Housing Project, Inc. Stevenson House LP (Borrower).
MOTION PASSED: 8-0 DuBois absent
18. City Council Direction Regarding: (1) Parameters of an Interim
Ordinance to Prohibit Conversion of Ground Floor Retail and Services
to Other Uses, and (2) Subsequent Steps to Establish Zoning Regulations to Preserve and Promote Active Ground Floor Uses in the
City's Commercial Areas.
MOTION: Council Member Scharff moved, seconded by Council Member
Burt to direct Staff to prepare and return to Council with an urgency
ordinance, including at a minimum the following:
1. A Citywide prohibition on converting existing ground floor retail uses to
other uses until existing retail protections can be reviewed and revised
as needed. Extend the same protections to eating and drinking uses,
personal services, hotels, theatres, and travel agencies (permitted
ground floor uses in the Downtown GF combining district); and
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ACTION MINUTES
2. Apply the prohibition to those retail services operating as of March 2,
2015 and for which no discretionary application involving a change of
use has been submitted to the City by March 2, 2015; and
3. Include within the ordinance an appeal to the City Council in cases of
financial hardship or showing that the facility is unsuited for successful
retail use; and
4. Allow existing retail service facilities to be demolished and rebuilt
provided that the retail square footage is only reduced by the
minimum amount needed to provide access to any new upper floors and/or lower level parking; and
5. Retail services that are grandfathered in as legal non-conforming shall
not be protected or required to remain; and
6. The Municipal Code’s definition of retail services and the other uses
cited above shall be continued; and
7. The ordinance will be effective for an initial 45 days with an option to
extend if the urgency continues. Staff is also directed to prepare a
traditional ordinance for consideration by the Planning and
Transportation Commission and the City Council as a “backstop” to
extend the interim measures until existing retail protections can be
reviewed and revised as needed; and
8. Nothing in the ordinance shall alter requirements of site-specific
Planned Community zoning ordinances or adopted conditions of
approval. Also, nothing in the ordinance shall affect the need for a
conditional use permit for certain allowed uses where such
requirements currently exist, although use permit requirements and
affected uses could be adjusted in the permanent ordinance that
follows.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER that conditional uses for ground floor retail areas
are not permitted in retail districts while the interim ordinance is in effect.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to delete Number 5- Retail services that are
grandfathered in as legal non-conforming shall not be protected or required
to remain in the Motion.
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INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER modify first sentence of Municipal Code Section
18.04.030 (125) to begin “Retail service” means a use predominantly
engaged in providing…
Council Member Kniss left the meeting at 10:00 PM
MOTION AS AMENDED PASSED: 7-0 DuBois, Kniss absent
MOTION: Council Member Scharff moved, seconded by Mayor Holman to
direct Staff that once the interim Ordinance is in place:
1. To bring forward the interim Ordinance as a regular Ordinance for
Council adoption; and
2. Subsequently, to prioritize consideration of permanent retail
protections starting with retail uses allowed on California Avenue and
boundaries of the Retail (R) combining district. Also prioritize an
analysis of retail trends and desired adjustments to the Ground Floor
(GF) combining district in Downtown, followed by consideration of other commercial zones within the City.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct Staff to prepare an Ordinance to extend
the boundaries of the (R) combining district to Cambridge Avenue.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER that projects in the pipeline that do not have
applications for planning entitlements on file on March 2, 2015 would be
subject to the Ordinance.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that both instances of “interim” in the first
sentence of the Motion be changed to “urgency.”
MOTION AS AMENDED PASSED: 7-0 DuBois, Kniss absent
Inter-Governmental Legislative Affairs
None.
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ACTION MINUTES
Council Member Questions, Comments and Announcements
Council Member Scharff inquired if Council Members should keep the Packet
Books for Agenda Item Number 18- City Council Direction Regarding: (1)
Parameters of an Interim Ordinance to Prohibit Conversion of Ground Floor
Retail and Services to Other Uses, and (2) Subsequent Steps to Establish
Zoning Regulations to Preserve and Promote Active Ground Floor Uses in the
City's Commercial Areas.
Hillary Gitelman, Director of Planning and Community Environment
responded yes.
Closed Session
MOTION: Council Member Filseth moved, seconded by Vice Mayor Schmid
to go into Closed Session.
MOTION PASSED: 6-0 Scharff not participating, DuBois, Kniss absent
Council went into Closed Session at 10:49 P.M.
19. CONFERENCE WITH CITY LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene,
Kathy Shen, Melissa Tronquet, Dania Torres Wong, Sandra Blanch,
David Ramberg, Joe Saccio, Molly Stump, Walter Rossmann)
Employee Organizations: Palo Alto Police Officers Association (PAPOA);
International Association of Fire Fighters (IAFF), Local 1319 Authority: Government Code Section 54957.6(a)
The Council reconvened from the Closed Session at 12:23 A.M., Mayor
Holman reported no reportable action.
Adjournment: The meeting was adjourned at 12:23 A.M.
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