HomeMy WebLinkAbout2014-12-08 City Council Summary Minutes
12/08/2014 116- 191
Special Meeting
December 8, 2014
Study Session ........................................................................................193
1. Study Session on Sustainability Initiatives and the Sustainability and
Climate Action Plan (S/CAP). ...........................................................193
Agenda Changes, Additions and Deletions ..................................................202
City Manager Comments .........................................................................202
Oral Communications ..............................................................................202
Consent Calendar ...................................................................................203
2. Resolution 9474 entitled “Resolution of the Council of the City of Palo
Alto Declaring Results of the Consolidated Special Municipal Election
Held on November 4, 2014.” ............................................................204
3. Approval of Amendment No. 2 to Contract S14153842 with Comment
Ground, LLC to Extend the Term from June 30, 2015 to February 28,
2016 for a Total to Not to Exceed of $160,000 for Social Media
Support, Development and Maintenance of City’s Social Media Network
and Internal Training of Social Media Administrators. ...........................205
4. Approval of Facility Naming Plan for Avenidas Bryant Street Center, a
City-owned Facility Located at 450 Bryant Street. ...............................205
5. Approval of Amendment No. One to Contract C13148958 with RMC
Water and Environment, Inc. To Extend the Contract Term 12 Months
to December 31, 2015, With No Additional Costs. ...............................205
6. Approval of a $600,000 Loan Request from Palo Alto Housing
Corporation for 2811 Alma Street and Budget Amendment Ordinance
5288. ...........................................................................................205
7. Approval of the First Amendment to the Contract with Questica Inc. to
Implement a Performance Management Module, Streamline the Annual
Performance Report, and Provide for Long-Term Financial
Infrastructure Replacement Planning by Increasing Total Compensation
by $160,400 from $499,068 to $659,468, Including a 10 Percent
Contingency in the Amount of $29,968 Based on the First Year
Contract Cost. ................................................................................205
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12/08/2014 116- 192
8. Approval of Amendment No. Four To Employment Agreement between
the City of Palo Alto and City Manager James R. Keene, Jr., to Increase
Annual Salary by 5 Percent, From $262,241 to $275,353. ....................205
9. Approval of Amendment No. Two To Employment Agreement between
the City of Palo Alto and City Attorney Molly S. Stump, to Increase
Annual Compensation by 5 Percent, from $234,936 to $246,688. ..........205
10. Resolution 9475 entitled “Resolution of the Council of the City of Palo
Alto Extending the Time Period for Commencement of Construction
for the College Terrace Market Located at 2180 El Camino Real.” .......205
11. Approval of the Submission of an Institute of Museum and Library
Services Grant Application in the Amount of $25,000 for the Palo Alto
Art Center. ....................................................................................205
12. Request to Bring Proposed Changes in Development Impact Fees
Directly Back to Council on December 15, 2014. .................................205
Action Items ..........................................................................................206
13. Comprehensive Plan Update: Discussion and Direction to Staff
Regarding the Scope and Schedule of the Planning Process, Including
Concurrent Zoning Changes. (Note: This is the continuation of a
discussion that began on November 3, 2014.) ....................................206
14. Approval of Staff Recommendations Concerning Responses to Palo Alto
Compost Facility Request for Proposals for Yard Trimmings and
Residential Food Scraps at the Measure E Site. Staff Recommends
that Council Direct Staff to Pursue One of the Two Following Options: 218
15. Resolution 9476 entitled “Resolution of the Council of the City of Palo
Alto Adopting the 2014-2016 Management & Professional
Compensation Plan” and Ordinance 5289 entitled “Ordinance of the
Council of the City of Palo Alto Amending the Table of Organization.” ..224
Council Member Questions, Comments and Announcements ........................225
Adjournment: The meeting was adjourned at 11:34 P.M. ...........................225
MINUTES
12/08/2014 116- 193
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:39 P.M.
Present: Berman, Burt, Holman, Klein, Kniss, Price, Scharff, Schmid,
Shepherd
Absent:
Study Session
1. Study Session on Sustainability Initiatives and the Sustainability and
Climate Action Plan (S/CAP).
Gil Friend, Chief Sustainability Officer, viewed sustainability as a way to build
quality of life and prosperity and to enhance resiliency. Sustainability
initiatives were opportunities for the City to build on its tradition of
leadership in innovation. Palo Alto could not solve the many issues of
sustainability, but could generate unique responses and pioneer beyond the
expected. Staff had surveyed and collected 154 sustainability initiatives
currently under way with more in the pipeline. He wanted to explore the
Council's appetite for change, leadership, and criteria to make changes. The
Sustainability and Climate Action Plan (S/CAP) was the centerpiece for many
sustainability efforts as it was a means to integrate sustainability initiatives
into the Comprehensive Plan Update. Goals of the S/CAP were to explain
clearly challenges; to tie sustainability initiatives with the Comprehensive
Plan and other City initiatives; to propose cohesive strategies,
implementation plans, and metrics for evaluation; and to support a
grounded community conversation to choose methods to move forward.
With respect to best practices, cities around the world were setting fairly
aggressive goals. The City's carbon footprint was decreasing, most notably
through carbon-neutral electricity. Whether the City chose the State's target
of 80 percent reduction of greenhouse gases by 2050 or the California
Moonshot target of carbon neutral in ten years or less or the Sustainable
Silicon Valley Net Positive target of achieving better than neutral, each
would require transformation of transportation and elimination of the use or
the impact of natural gas. To assess feasibility, Staff built some scenario
planning tools to view the comparative impacts of different measures. The
primary question was whether the City should become a carbon-neutral city.
Another question was the role of Palo Alto utilities in a distributed generation
and distributed storage energy future.
Mayor Shepherd requested Mr. Friend explain how his work would integrate
with the Comprehensive Plan Update.
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12/08/2014 116- 194
Mr. Friend was working with the Director of Planning and Community
Environment, Hillary Gitelman regarding the Comprehensive Plan Update.
The goal was to synchronize both efforts in order to conduct a single
Environmental Impact Report (EIR) and to ensure issues were addressed in
a coordinated way.
James Keene, City Manager, noted Mr. Friend posed questions for Council
comment. The questions and issues the Council discussed with respect to
designing the Comprehensive Plan would feed into sustainability efforts.
Integration of the two initiatives would depend on Council direction.
Vice Mayor Kniss felt reducing or eliminating 60-plus percent of the City's
carbon footprint resulting from transportation would be the most difficult or
easiest issue, depending on whether the City could persuade people to use
alternative transportation. She requested Mr. Friend comment further
regarding transportation.
Mr. Friend agreed that transportation was a major challenge. Much of the
City's carbon footprint resulted from commutes all along the Peninsula;
therefore, the City had to work with its neighbors to solve the problem. The
key lesson taken from Copenhagen's efforts were to make alternative
transportation more convenient, economical, safe, and fun. In Copenhagen,
physical curbs or parking separated bike lanes from vehicle lanes. Finland
integrated a car share service with a minivan shuttle bus service and utilized
sophisticated technology to reduce vehicle miles and increase convenience.
The City was in the early stages of collecting and analyzing data in order to
determine which ideas would be appropriate.
Vice Mayor Kniss recalled discussions regarding Lyft and Uber at the National
League of Cities conference. Many lessons were being learned around the
globe.
Mr. Friend wanted to distinguish between technology and business
approaches offered by Uber and other companies and their business
practices. The City should utilize only those aspects that it liked.
Council Member Burt viewed a sustainability conversation as an opportunity
to engage the community broadly regarding a positive vision for the City's
future. The community should have a vision for the Comprehensive Plan
around a sustainable model so that future generations could have a
comparable quality of life. He was interested in discussing whether such a
view should be the overriding template for the Comprehensive Plan and
whether sustainability should permeate all aspects of the Comprehensive
Plan.
MINUTES
12/08/2014 116- 195
The community should discuss sustainable development, quantity and
quality of development, and impact of development. A 10 percent shift to
alternative modes of transportation could have a significant impact on traffic
and parking. He inquired whether other colleagues were interested in this
type of discussion. Once biking and walking were more convenient and
attractive, health benefits would follow. He was anxious to review surveys
specific to Palo Alto that provided the anticipated adoption rate of zero
emission vehicles in the coming years and decade. The graph on natural gas
appeared to show a 3 percent per year annualized increase in natural gas;
however, he did not believe natural gas consumption was increasing year
over year.
Mr. Friend explained that the graph should be considered a schematic of the
shape of an analysis.
Karl Van Orsdal, DNV-GL Consulting Firm, added that increased usage of
natural gas resulted from lower prices and higher use in the commercial
sector.
Mr. Friend advised that Staff would utilize precise numbers in evaluating
variables.
Council Member Burt believed the City's baseline was lower than shown;
therefore, the opportunity to reduce was even better. He looked forward to
hearing from Colleagues regarding integrating sustainability with the
Comprehensive Plan more deeply than previously discussed.
Council Member Holman recalled that when the Comprehensive Plan Update
began, it was decided to integrate sustainability into the chapters. If
sustainability was better integrated into the Comprehensive Plan, then
complaints of competing goals and policies would decrease. With respect to
transportation issues, Staff should consider the Palo Alto Unified School
District (PAUSD) along with other jurisdictions. She suggested more police
officers utilize bicycles to meet sustainability goals and to increase
interaction with the community.
Mr. Friend indicated sustainability efforts often improved other things. More
police officers on bicycles could result in better policing, better community
relations, arguably less crime, fewer emissions, and healthier police officers.
The Safe Routes to School Program was working to build a cultural shift from
driving to biking and walking.
MINUTES
12/08/2014 116- 196
Council Member Holman remarked that PAUSD could participate in
expanding the City's shuttle system, especially for students from other
communities. Trees and canopy should be a prominent topic in the Staff
Report.
Mr. Friend advised that trees would be more prominent as the Urban Forest
Master Plan was certainly a component of sustainability.
Council Member Holman advocated for more edible gardens and more open
space as a part of development projects, local purchasing, manufacturer
take-back of packaging, elimination of Styrofoam packaging, reuse of
buildings and salvage as opposed to recycling, and less use of concrete in
construction projects.
Mr. Friend wanted to integrate S/CAP work and Comprehensive Plan work
more effectively. Sustainability elements were woven through many issues.
The Council should consider how to plan effectively in an economy that could
change rapidly. Trees, open space, and biological resources were key
issues. The City established environmentally preferable purchasing some
years ago; however, programs were not consistent. He was working with
the purchasing team to improve processes.
Council Member Holman stated in the past, that the City's values were being
compromised by development, because buildings were encroaching on trees.
The City needed to ensure development considered the canopy and worked
within that framework.
Mr. Keene reported that the Council's consideration of S/CAP in relation to
the Comprehensive Plan could raise policy choices that would be relatively
easy to implement. The Council should consider the ease of effecting
change and the impact of changes.
Mayor Shepherd noted Council comments had not addressed the Council's
willingness to continue to be the innovation leader.
Council Member Scharff agreed with Council Member Burt that switching to
electric vehicles (EV) and bicycles would have a huge impact on
transportation. He was fascinated by Mr. Friend's discussion of Helsinki, and
felt it would best fit Palo Alto. He requested Mr. Friend comment on
development patterns in the City.
Mr. Friend explained that development patterns created the template that
affected many actions. Development was a live issue in the community.
MINUTES
12/08/2014 116- 197
Council Member Scharff questioned whether Mr. Friend meant traditional
sustainability issues when talking about integrating the Comprehensive Plan
and sustainability. Many sustainable community strategies were the same
as New Urbanism.
Mr. Friend wanted residents to state clearly the type of community they
wanted, parameters to measure that, and development patterns based on
performance. A performance-based approach to growth suggested that
impacts from growth could be controlled directly. Staff had not analyzed
that and did not know the impacts from a sustainability perspective. That
kind of fresh thinking could assist Staff.
Council Member Scharff wished to take action that would enhance the
quality of life. The Council should consider cost-benefits, who paid, and how
that functioned. He wanted to see more concrete ideas. He asked if the
Council and community should ignore the numbers in the graph regarding
natural gas.
Mr. Friend answered yes.
Council Member Scharff believed that was a dangerous precedent, in that
anyone could use the information in public statements.
Mr. Friend reiterated that Staff was in the early stages of complex research.
Staff wanted to be open and communicative, but that meant Staff would
show the Council work in progress. He requested Council guidance
regarding ways for Staff to support the Council while working through these
complex issues.
Council Member Scharff suggested he simply delete the numbers from the
graph.
Mr. Friend reported the graph was not wildly inaccurate; it was just one
possible scenario. He requested a session with the Council in the spring to
demonstrate a live tool that could demonstrate the effects of changes.
Council Member Scharff did not feel Mr. Friend was attempting to partner
with the Utilities Department. Some of Mr. Friend's statements did not
appear to be technically correct. Mr. Friend seemed to suggest no new gas
hookups, but Council Member Scharff doubted that was legal.
Mayor Shepherd requested Council Members limit their comments in the
interest of time.
MINUTES
12/08/2014 116- 198
Council Member Scharff remarked that eliminating the Gas Utility had to be
a community decision.
Mr. Keene noted a dynamic tension between the status quo and possibilities.
Sustainability Staff had not drawn any conclusions on actions to be taken.
Mr. Friend shared the Council's commitment to the community process.
Staff's role was to support a grounded conversation in the community and to
resolve questions. If the City wanted to be climate neutral, then it would
have to reduce natural gas emissions substantially. Staff was gathering and
researching methods to become climate neutral and would evaluate those
methods to determine if they were cost effective, legal, and desirable.
Council Member Klein felt S/CAP should be the driver of the Comprehensive
Plan. The City needed to act on fuel switching, before the Comprehensive
Plan Update was complete. He inquired whether the rising bar of urban
sustainability leadership meant a goal of being among the leaders of
sustainability programs.
Mr. Friend commented that Palo Alto liked to be innovative; however, other
cities also liked to innovate. The bar for leadership and innovation with
respect to sustainability rose each year.
Council Member Klein hoped the City would be 1 of 1,000 community
leaders, because that was the only way to achieve sustainability.
Mr. Keene remarked that a rising bar meant new pathways were being
forged.
Mr. Friend reported that Staff was involved in learning exchanges with other
cities to share best practices. Palo Alto would achieve sustainability with
other communities in the region.
Council Member Klein believed sustainability was the right thing to do. More
action was needed regarding adaptation than was mentioned in the Staff
Report. The City needed to plan for sea level rise, because it endangered
the Golf Course, Airport, and Water Quality Control Plant. Replacing lawns
with native plants was a way to increase the quantity of available water.
The jobs/housing imbalance would require a great deal of thought.
Sufficient attention was not given to the existing built environment as it
utilized 25-30 percent of energy.
Mr. Friend clarified that nationally the built environment utilized 25-30
percent. Locally, the percentage was closer to 40 percent.
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12/08/2014 116- 199
Council Member Klein wanted to make the existing built environment more
efficient and to create programs that incentivized people to participate. He
requested a status update regarding the Georgetown Prize.
Mr. Friend explained that the Georgetown University Energy Prize was a two-
year competition to reward the city that was most successful at reducing its
energy use and greenhouse gas emissions with a $5 million prize. Palo Alto
was one of approximately 50 cities entered in the competition. Staff was
using the competition to extend outreach to the community and to involve
more people in energy reduction and greenhouse gas reduction in addition to
the Utilities Department's existing programs.
Council Member Klein asked when the two-year period began.
Mr. Friend believed the start date was January 2015.
Council Member Klein stated the City had to increase public awareness of all
initiatives.
Mr. Friend hoped to involve a broader spectrum of the community in
conversations.
Council Member Price suggested appropriate Staff Reports contain a section
that addressed sustainability, future scenarios, climate adaptation, or
resiliency. In this manner, the Council could discuss sustainability issues
within topics on its Agenda. Younger generations were shifting to bicycling
as a mode of transportation; however, bicycling needed to be more
attractive for older generations.
Mr. Friend clarified that transportation contributed 20 percent of greenhouse
gas emissions nationally, and 60 percent locally. Transportation was an
essential component of any greenhouse gas strategy.
Council Member Price stated density, Floor Area Ratio (FAR), building
performance, building height, smart growth, and New Urbanism were
directly aligned with sustainability issues. The critical connection and
alignment should inform policy makers and the public. She inquired about
ways to determine feasible action items and when Staff would implement
programs that were feasible and would lead to measureable outcomes.
Mr. Friend advised that Staff would begin that work in the next phase.
Mr. Van Orsdal was reviewing various behaviors, policies, and other issues
that would support programs and attempting to identify programs with a
quantitative relationship that could be included in an analysis.
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Staff was considering the risks and costs of each component to determine
which were important, which were impactful, and which provided the highest
costs and risks. Lastly Staff would develop an implementation chronology
that recommended implementation of actions that were low cost and offered
a high possibility of success. Other actions could be phased in over time to
assist with implementation.
Council Member Price referred to other cities' Capital Improvement Programs
(CIP) that contained climate adaptation elements for all capital projects.
The community was attempting to determine whether it would be urban or
suburban over the next 10 or 20 years.
Council Member Schmid felt the tremendous transformation in the number of
people in the world would allow cities to deal with greenhouse gases and
other demands on the environment. Increased job growth without sufficient
housing would lead to increased commuter traffic and increased greenhouse
gas emissions. He asked if the City should slow job growth and/or change
the ratio between jobs and employed residents to facilitate sustainability.
Mr. Friend indicated that was one strategic path to consider. He wanted to
broaden the options for review as much as possible. One challenge was
determining which options were within the City's purview and which were
within the region's purview. Pressure from population and job growth
occurred within the region.
Council Member Schmid advised that Palo Alto was leading the region in job
growth. The Council needed data to discuss the Comprehensive Plan.
Mr. Keene added that shifting transportation around the region would not
necessarily result in a change in greenhouse gas emissions. The Council
should consider that as it considered ways to ensure that Palo Alto achieved
other goals.
Council Member Schmid stated that one component of smart growth was to
move jobs to where people were located. Vehicle miles traveled had been
identified as a critical transportation issue that accounted for 80 percent of
greenhouse gas emissions.
Mr. Friend wanted to hear Council Member Schmid's ideas about the issue.
Council Member Berman suggested the City lower carbon emissions as much
as possible and 10 percent faster than projected.
Mr. Friend reported consultants learned that the most logical action would be
to focus on methods that would attain carbon neutrality.
MINUTES
12/08/2014 116- 201
That concept simplified Staff's task, because it allowed Staff to identify a tool
kit that could answer questions and determine the community's appetite for
decreasing emissions.
Council Member Berman felt the Council was determined to reduce emissions
as quickly as possible. There would always be challenges. Staff should
clearly describe all the reasons it was important to reduce the City's carbon
footprint.
Mr. Friend advised that Staff's job was to reduce emissions economically and
conveniently.
Council Member Berman inquired whether the City could encourage or
require sub-meters for multi-unit buildings so that individual units would
know their water usage.
Mr. Friend stated he would research the question and provide an answer at a
later time.
Council Member Berman remarked that commuting did have environmental
ramifications; therefore, the Council had to consider carbon emissions of the
region. The lack of housing in Palo Alto had negative environmental
impacts. Replacing lawns with native plants not only reduced water
consumption, but also increased animal activity.
Mayor Shepherd noted some residents continued to ignore recycling efforts.
If Palo Alto was to continue to be a leader, then residents needed to own
efforts to reduce carbon emissions. Staff should consider methods to
provide performance reporting to everyone. The City should push the
boundaries of sustainability, as long as the community supported the City's
efforts. Sustainability efforts should move in incremental steps, so that they
became part of residents' behavior.
Walt Hays strongly supported Mr. Friend's vision. He liked the idea of Palo
Alto continuing to be a leader. Concepts should be made concrete as soon
as possible. The City should encourage residents to switch from gas to
electricity.
Craig Lewis, Clean Coalition Executive Director, indicated leadership and role
models were paramount to implementing sustainability initiatives.
Considering environmental issues in combination with economic issues was
intelligent.
Vanessa Warheit supported Council Member Klein's suggestion that the City
make sustainability the driver of the Comprehensive Plan.
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12/08/2014 116- 202
Alliances with other cities could make a difference. She encouraged the
Council to include public transit in any sustainability plan and to embrace a
zero carbon Moonshot as soon as possible.
Stephanie Munoz felt other cities were following Palo Alto's example of job
growth without housing growth. The City should slow development. The
City should assist residents with installing solar power.
Agenda Changes, Additions and Deletions
Mayor Shepherd reviewed Agenda items for the December 15, 2014
meeting.
City Manager Comments
James Keene, City Manager, recommended the public review winter storm
and flood information on the City's website in light of the storm forecast for
later in the week. The grand opening celebration of the Mitchell Park Library
and Community Center was a success. The Palo Alto Library Foundation
hosted a fundraising brunch at Rinconada Library. Formal opening of
Rinconada Library was scheduled for February 14, 2015. The City would
accept applications for the Midtown Connector Project Citizens' Advisory
Committee through January 13, 2015. Staff was planning a comprehensive
status report on implementation of the Bicycle and Pedestrian Master Plan at
the beginning of 2015. On December 6, 2014, residents of Buena Vista
Mobile Home Park celebrated their third annual Community Christmas
Posada. Caltrain released the Final Environmental Impact Report for the
Electrification Project on December 4, 2014. Staff was reviewing Caltrain's
responses to determine if they adequately addressed the City's comments.
The Council was invited to attend a retirement celebration for Greg Betts.
The City was hosting a Water Reuse Forum on December 11, 2014.
Oral Communications
Herb Borock noted the Caltrain Joint Powers Board would meet on January
8, 2015 regarding the Final Environmental Impact Report (FEIR) for the
Peninsula Corridor Electrification Project. The Council should direct Staff to
review the FEIR and to schedule an Agenda Item for the Council to respond
to the FEIR.
Stephanie Munoz was disappointed by the Council's decision not to approve
the proposed operator of the grocery store at College Terrace Centre. The
Council should have reduced the amount of development that was allowed at
the project.
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12/08/2014 116- 203
Consent Calendar
Mayor Shepherd advised that the Council received an at-places
memorandum that indicated Item Number 12: Request to Bring Proposed
Changes in Development Impact Fees Directly Back to Council on December
15, 2014, would be presented on the Consent Calendar on December 15,
2014.
Council Member Schmid asked if that change required a Council vote.
Molly Stump, City Attorney, reported a separate vote was not necessary to
move Item Number 12. The Council should vote to take the item back.
James Keene, City Manager, indicated the Council could vote to remove Item
Number 12 from the Consent Calendar on December 15, 2014.
Council Member Holman noted the Finance Committee's Motion was not
included in the Staff Report. The Finance Committee recommended
approval of Development Impact Fees. In 2015, the Finance Committee
could consider Development Impact Fees again.
Mayor Shepherd asked if discussion of the item was appropriate.
Ms. Stump advised that the proposed action was to place the item on the
Council's Agenda for December 15. The Council previously directed the
Finance Committee to address the issue. The Council would hear the
substantive item the following week.
Mr. Keene indicated he would include the Finance Committee's Motion in the
Staff Report for December 15.
Mayor Shepherd clarified that the topic before the Council was whether to
include Item Number 12 on the Consent Calendar.
Brian Spiers, Brian Spiers Development, spoke regarding Agenda Item
Number 10. Developers of College Terrace Centre decided to assign James
Smailey's lease to Miki Werness. A proposal and information would be
presented to the Council the following week. A Restrictive Covenant
between College Terrace LLC and the City would allow the City to levy a
penalty of $2,000 per day.
William Ross spoke regarding Agenda Item Number 10. Staff
Recommendation Numbers 2 and 4 were substantive amendments to the
underlying Planned Community (PC) Ordinance. A fine was not a public
benefit; the Council should require a letter of credit or a performance bond.
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12/08/2014 116- 204
A new environmental analysis should be performed based on new
information and changed circumstances.
Fred Balin spoke regarding Agenda Item Number 10. Council action on
December 1, 2014 would result in a proposal that was conceptually no
different from the earlier proposal. He outlined actions the Council should
require of the Applicant. A grocery store operator team must be
independent of the ownership, the Applicant, and their agents, and the
grocer must have controlling interest in the grocery store.
Doria Summa spoke regarding Agenda Item Number 10. The Applicant had
not proposed a viable grocery store operator. Staff needed more time to vet
the Applicant's proposal.
Margaret Heath spoke regarding Agenda Item Number 10. The Council
should delete "team" from its requirement and insist that the grocery store
be independently owned and operated.
Herb Borock spoke regarding Agenda Item Number 10. Extension of the
lease violated the California Environmental Quality Act (CEQA), Municipal
Code Sections 18.38.130 and 18.38.140, and Ordinance Numbers 5069 and
5061. The latest proposed tenant was not a good choice to operate a
grocery store.
Council Member Holman requested the City Attorney respond to Mr. Borock's
comments.
Ms. Stump reported Staff reviewed procedural issues and had no concerns
regarding the proposed procedures. The Council was asked to approve a
limited time extension which was appropriate under the Zoning Code and the
Extension Ordinance. In the prior meeting, the Council did not amend the
PC Ordinance, but provided general guidance to the Applicant. Should these
issues be needed, they were appropriate.
Council Member Schmid registered a no vote on Agenda Item Number 12.
MOTION: Vice Mayor Kniss moved, seconded by Council Member Berman
to approve Agenda Item Numbers 2-12, to include Agenda Item Number 12
- Request to Bring Proposed Changes in Development Impact Fees Directly
Back to Council on December 15, 2014, to be brought back on the Consent
Calendar.
2. Resolution 9474 entitled “Resolution of the Council of the City of Palo
Alto Declaring Results of the Consolidated Special Municipal Election
Held on November 4, 2014.”
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12/08/2014 116- 205
3. Approval of Amendment No. 2 to Contract S14153842 with Comment
Ground, LLC to Extend the Term from June 30, 2015 to February 28,
2016 for a Total to Not to Exceed of $160,000 for Social Media
Support, Development and Maintenance of City’s Social Media Network
and Internal Training of Social Media Administrators.
4. Approval of Facility Naming Plan for Avenidas Bryant Street Center, a
City-owned Facility Located at 450 Bryant Street.
5. Approval of Amendment No. One to Contract C13148958 with RMC
Water and Environment, Inc. To Extend the Contract Term 12 Months
to December 31, 2015, With No Additional Costs.
6. Approval of a $600,000 Loan Request from Palo Alto Housing
Corporation for 2811 Alma Street and Budget Amendment Ordinance
5288.
7. Approval of the First Amendment to the Contract with Questica Inc. to
Implement a Performance Management Module, Streamline the Annual
Performance Report, and Provide for Long-Term Financial
Infrastructure Replacement Planning by Increasing Total Compensation
by $160,400 from $499,068 to $659,468, Including a 10 Percent
Contingency in the Amount of $29,968 Based on the First Year
Contract Cost.
8. Approval of Amendment No. Four To Employment Agreement between
the City of Palo Alto and City Manager James R. Keene, Jr., to Increase
Annual Salary by 5 Percent, From $262,241 to $275,353.
9. Approval of Amendment No. Two To Employment Agreement between
the City of Palo Alto and City Attorney Molly S. Stump, to Increase
Annual Compensation by 5 Percent, from $234,936 to $246,688.
10. Resolution 9475 entitled “Resolution of the Council of the City of Palo
Alto Extending the Time Period for Commencement of Construction
for the College Terrace Market Located at 2180 El Camino Real.”
11. Approval of the Submission of an Institute of Museum and Library
Services Grant Application in the Amount of $25,000 for the Palo Alto
Art Center.
12. Request to Bring Proposed Changes in Development Impact Fees
Directly Back to Council on December 15, 2014.
MOTION PASSED for Agenda Item Numbers 2-11: 9-0
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12/08/2014 116- 206
MOTION PASSED for Agenda Item Number 12: 8-1 Schmid no
Council Member Schmid understood a report was not available the evening
of the Finance Committee meeting. The Finance Committee recommended
the Council discuss the report. The at-places memorandum indicated the
Finance Committee discussed the question rather than the report. He was
prepared to vote that the Council would discuss the report.
Action Items
13. Comprehensive Plan Update: Discussion and Direction to Staff
Regarding the Scope and Schedule of the Planning Process, Including
Concurrent Zoning Changes. (Note: This is the continuation of a
discussion that began on November 3, 2014.)
Mayor Shepherd advised that the Council supported a framework to re-
engage the community with respect to the Comprehensive Plan Update and
to keep the Comprehensive Plan Update on a timeline for completion by late
2015. On August 6, 2014, the Council paused the timeline for Staff to revise
the scope and breadth of the Comprehensive Plan Update; to propose
changes to the City Zoning Code and Zoning Map for commercial areas; and
to conduct a Study Session regarding commercial zoning changes.
Hillary Gitelman, Planning and Community Environment Director, reviewed
the Council's discussions of the Comprehensive Plan Update in August,
September, and November 2014. Staff identified four reasons for updating
the City's Comprehensive Plan expeditiously. Since adoption of the current
Comprehensive Plan, some objectives contained in the Comprehensive Plan
had been met and new challenges had arisen. General Plans were a function
of State law. An updated Comprehensive Plan would provide a legal
foundation for sound decision making. The existing Comprehensive Plan and
zoning had enabled some growth; an updated Comprehensive Plan could
help manage growth and address community concerns. Updating the
Comprehensive Plan provided an opportunity for the community to discuss a
vision for the future of the community. On September 8, 2014, the Council
discussed commercial zoning changes that could be studied in advance of or
concurrent with the Comprehensive Plan Update. Staff grouped changes
into four categories: changes in use and density; retail preservation;
parking-related changes; and other. The Staff Report contained analyses of
all suggestions presented by individual Council Members. Staff grouped
suggestions into categories of implementation prior to the Comprehensive
Plan Update, in conjunction with the Comprehensive Plan Update, and after
the Comprehensive Plan Update.
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The Staff Report contained the existing regulatory regime related to ground-
floor retail and zoning standards. Community meetings raised the concept
of metering the pace of non-residential development in the City. Rather
than having an overall cap, the City would have an annual limit or some
other mechanism to meter the pace of growth over time. The Staff Report
provided information on three jurisdictions that metered growth. Staff's first
recommendation was to proceed immediately with Zoning Ordinances that
addressed retail preservation and parking exemptions. The second
recommendation was to schedule a work session in January 2015 to discuss
parameters of an annual office growth management program. The third
recommendation was to schedule a series of work sessions with the Council,
the Planning and Transportation Commission (P&TC), and the community to
discuss planning issues and policy choices in the spring of 2015. The fourth
recommendation was to utilize work sessions to begin discussing goals,
policies, and programs and reconciling the existing Comprehensive Plan with
the P&TC's recommendations. The leadership group would be instrumental
in designing a summit meeting to begin work sessions. A summit meeting
would be informed by data and analysis. All work sessions would discuss
issues and policy choices facing the City. The Sustainability and Climate
Action Plan could be included in these work sessions. Work sessions would
be designed to build confidence in the community's ability to design the
future. Staff's fifth recommendation was to begin the Draft Environmental
Impact Report (DEIR) and to use a series of simplified scenarios to assess
potential cumulative impacts over the next 15 years and to balance and
weigh the advantages and disadvantages of various choices. Critical issues
for policy decisions were pace of growth, housing affordability and access,
location and adjustment of housing, traffic and parking, climate change, and
the aging demographic. Scenarios would be designed with components so
that the Council could mix and match components. Delaying work on the
DEIR would increase time and cost impacts. The sixth recommendation was
to consider commercial zoning changes concurrently with the Comprehensive
Plan Update. A discussion of growth management systems could occur in
January 2015. A summit and work sessions could begin in May 2015. Late
in 2015, Staff could prepare a draft Comprehensive Plan Update. In early
2016, the Council could adopt a Comprehensive Plan following certification of
an Environmental Impact Report (EIR).
Bob Moss suggested including an enforcement mechanism in the
Comprehensive Plan and limiting variants that a Planned Community (PC)
could impose on a zone. Affordable housing was another major concern.
Adina Levin, Friends of Caltrain, requested sustainability concepts for
transportation be included in the Comprehensive Plan process.
MINUTES
12/08/2014 116- 208
Vice Mayor Kniss requested Staff address current retail versus 10 years ago
and 5 years ago; locations for retail; whether the Council could prescribe
locations for retail; and a definition of retail.
Ms. Gitelman explained that the topic was not the content of Zoning
Ordinances. Staff needed to have that discussion with the Council, P&TC,
and community. The topic was whether Staff could implement zoning
changes in advance of the Comprehensive Plan Update. Staff believed they
could hold that community conversation in advance of the Comprehensive
Plan Update.
Vice Mayor Kniss referred to the recommendation which stated to proceed
immediately; however, Ms. Gitelman indicated Staff would return to the
Council.
Ms. Gitelman recommended the Council direct Staff to proceed immediately
with a community conversation, leaving aside the exact content of any
Zoning Ordinance.
James Keene, City Manager, added that the Council would have latitude in
making decisions related to retail after working through the implications of
changes.
Vice Mayor Kniss commented that retail was a concern of the community.
She would support beginning a conversation regarding retail.
Council Member Klein inquired about the likelihood of the County of Santa
Clara (County) having the resources and to make improvements to the
expressway system.
Ms. Gitelman understood the County did not have funding for improvements.
The County was preparing plans in order to pursue funding. One of the
advantages of including that scenario was that the City could provide
feedback to the County about whether the City supported capacity increases.
Council Member Klein asked if the same rationale applied to the scenario of
trenching Caltrain tracks.
Ms. Gitelman explained that including the scenario would facilitate a public
dialog about whether operational benefits would warrant the cost and
whether the City wanted to pursue it with other agencies.
Council Member Klein inquired about the impact to the City's studies if
neither scenario was financially feasible over any reasonable timeframe.
Ms. Gitelman requested clarification.
MINUTES
12/08/2014 116- 209
Council Member Klein asked if learning that neither scenario was financially
feasible would it undermine the usefulness of scenarios.
Ms. Gitelman advised that a Comprehensive Plan was supposed to be
visionary. Scenarios would allow the community to analyze possible futures
with and without choices.
Council Member Klein suggested Staff guard against creating unrealistic
expectations when discussing scenarios.
Council Member Price reported the County was attempting to place a
transportation measure on the 2016 ballot. The Federal government was
attempting to provide funding for rail corridors related to grade separation.
Staff should include the broader grade separation issue when discussing
scenarios. Planning scenarios were commonly used and provided an
understanding of possibilities. Reducing Staff's ability to interpret scenarios
would not serve the intent of the Comprehensive Plan. She cautioned
against putting a great deal of effort into zoning changes without the full
context of the Comprehensive Plan, because changes could result in
economic development consequences. The Staff Report lacked any
discussion of economic vitality and fiscal impacts from zoning changes. She
inquired whether Staff's analysis and scope of services included an economic
or fiscal impact component.
Ms. Gitelman answered no. Financial analysis or fiscal matters were not
typically considered in an EIR. Staff was aware of the Council's desire for a
financial analysis; however, it was not part of the consultant's contract.
Council Member Price felt the Council would be irresponsible if it did not
consider an economic impact analysis or an assessment of economic
consequences.
Council Member Schmid agreed an analysis of fiscal matters was important
and essential. Sustainability data spoke directly to job growth. The existing
conditions report identified population growth and job growth numbers as
City of Palo Alto and Association of Bay Area Governments (ABAG). The
existing conditions report seemed to imply that the City accepted ABAG
numbers as base data. He inquired whether that was correct or whether
there would be a discussion of base job and housing numbers.
Ms. Gitelman asked if Council Member Schmid was referring to existing jobs
and population or projections for 2030.
MINUTES
12/08/2014 116- 210
Council Member Schmid noted tables concerning population and job
forecasts were identified as City of Palo Alto/ABAG. He assumed the Council
would discuss that.
Ms. Gitelman would review those tables again. The City often relied on
ABAG projections for jobs, but disputed ABAG's projection for population and
households. ABAG's projection was higher than the City's historic average in
terms of unit creation. A policy issue for discussion was whether a future
Comprehensive Plan would allow the City's non-residential development to
grow to the extent assumed by ABAG. Another issue was whether relocating
housing sites would enable additional housing units and additional
households such that the City's population and housing numbers would more
closely align with ABAG's projections.
Council Member Schmid asked if ABAG mandated a job number.
Ms. Gitelman clarified that the numbers were projections, not requirements
or mandates. Much of the projected job growth resulted from the number of
workers placed in existing building space.
Council Member Schmid asked if the January working session would be a
Study Session or an Action Item.
Ms. Gitelman advised that Staff wanted to obtain some Council direction for
next steps; therefore, it would be an Action Item.
Council Member Schmid inquired whether the January meeting would be the
Council's only opportunity to discuss the Comprehensive Plan before the
summit meeting.
Ms. Gitelman did not know. The Action Item in January regarding metering
the pace of non-residential growth would likely have follow-up discussions.
There would be quite a bit of Council activity as Staff prepared for the
summit meeting.
Council Member Schmid indicated the Council should be aware that the
January meeting could be its only opportunity to provide guidance before
community meetings began. The most recent annual report regarding the
parking deficit disclosed 800 underparked jobs in the Downtown area.
Parking discussions over the prior few weeks seemed to indicate the number
was 1,600. He asked how the Council should consider that gap heading into
the January meeting.
MINUTES
12/08/2014 116- 211
Ms. Gitelman reported the Council could discuss in January whether there
was a geographic component to an annual limit and implications of that for
Downtown versus other geographic areas. The numbers Council Member
Schmid referred to were specific to the Downtown area. Staff intended the
January discussion to pertain to the entire City.
Council Member Schmid felt Staff should establish a method for monitoring
whatever came from the Comprehensive Plan. Reviewing the quality of
monitoring efforts in the past would be an important activity during the
course of the year.
Ms. Gitelman remarked that legacies from the Downtown CAP Study, the
current Comprehensive Plan, and the land-use study created district
boundaries and terminology that might not be sufficient for the new
Comprehensive Plan.
Council Member Schmid indicated another monitoring question came from
the Development CAP Study where the difference between base zoning Floor
Area Ratio (FAR) and FAR with bonuses and incentives was quite dramatic.
Bonuses and incentives were originally established to create a vital retail
center. He asked why bonuses and incentives were only used in the retail
overlay rather than throughout the Downtown.
Ms. Gitelman deferred a substantive response until issues could be
discussed. Staff was asking if the Council wanted them to proceed in the
manner described.
Council Member Schmid commented that retail was identified as an issue
that might be tied to zoning in some way. He was in favor of relatively
simple and straightforward scenarios with elements that could be applied to
all scenarios.
Council Member Berman inquired whether the Council could provide
additional topics for the series of working sessions.
Ms. Gitelman was open to suggestions. The list of topics could not be
unlimited if Staff was to prepare for substantive discussions.
Council Member Berman asked if the Council should provide suggestions in
the current meeting or early in the new year.
Ms. Gitelman replied early in the new year.
MOTION: Council Member Berman moved, seconded by Vice Mayor Kniss
to direct Staff to:
MINUTES
12/08/2014 116- 212
1. Proceed immediately (i.e. in advance of the Comp Plan Update) with
zoning Ordinances to address retail preservation & parking
exemptions; and
2. Schedule a Council work session in January 2015 to discuss
parameters of an annual office/R&D growth management program;
and
3. Schedule a series of Community/Commission/Council work sessions
about “big picture” planning issues in Spring 2015 utilizing simplified
planning scenarios to test the growth management program as well as
a) the potential elimination of housing sites on San Antonio and South
El Camino in exchange for increased densities or new sites closer to
transit and jobs/services, b) the potential for major transportation
investments in the Caltrain corridor and the County Expressway
system, and new public transit, c) the potential use of sustainability-
based performance measures and programs, and d) potential
commercial zoning changes discussed at the City Council Study
Session on September 8, 2014.
4. Also use the work sessions to review goals, policies, and programs
from the existing Comp Plan & the recommendations forwarded by the
P&TC in early 2014; and
5. Prepare a impacts analysis (Draft EIR) to inform the
Community/Commission/Council work sessions in the Spring of 2015,
presenting the impacts of simplified scenarios (and the policy choices
they represent) as well as potential cumulative impacts over the next
15 years; and
6. Concurrent with the Comp Plan Update, prepare a draft zoning
ordinance(s) for consideration that would implement aspects of the
plan, including many of the zoning ideas discussed at the City Council
Study Session on September 8, 2014.
Council Member Berman believed Staff recommended a good process and
beginning framework. The process would be good for engaging and
educating the community. Broad scenarios that would gather as much
information as possible were important.
Council Member Holman advised that the block of Emerson between Homer
and Forest was added to Downtown, but it was not shown on the map on
packet page 215. She requested Staff add to the map the South of Forest
Avenue (SOFA) 2 retail district, zoning until December 2009, areas that were
also retail, and which properties converted from retail/service to office.
MINUTES
12/08/2014 116- 213
Recommendation Number 1 did not state when Zoning Ordinances would be
presented to the Council or to the P&TC.
Ms. Gitelman intended to work with interested stakeholders immediately to
craft an Ordinance, present it first to the P&TC and then the Council. She
hoped to keep the process for discrete items as streamlined as possible.
Council Member Holman inquired about timing for Recommendation Number
1.
Ms. Gitelman would attempt to present something to the Council before the
work sessions began in May.
Council Member Holman requested Staff comment on the need for an interim
Ordinance to protect existing retail from converting to office.
Ms. Gitelman reported Staff would move quickly such that an interim
Ordinance would not be necessary. She would consider an Ordinance or an
interim Ordinance, but not both.
Council Member Holman understood Staff would interpret Design
Enhancement Exceptions (DEE) more closely to the language in the Code.
On packet page 186, DEE was listed as a topic requiring further definition
and discussion.
Ms. Gitelman included DEE on the list for further discussion, because Staff
did not believe a Code revision was needed. The Code provided for DEEs as
minor items. The Council raised DEEs as needing an Ordinance.
Council Member Holman noted Staff formed an outreach group, but not a
working group. She did not understand how work sessions would operate
with a large number of people or different people could attend different
sessions. She asked why Staff did not form a working group.
Ms. Gitelman reported the summit would cover the big issues. In the course
of that discussion, hopefully Staff would obtain clarity regarding choices,
policy decisions, and vision, which would initiate subsequent sessions on
goals, policies, and programs. At that point, a working group could be
formed to translate comments from the summit into a draft Comprehensive
Plan.
Council Member Scharff referred to the process of Staff developing a Zoning
Ordinance with stakeholder groups and presenting it to the P&TC and then to
the Council.
MINUTES
12/08/2014 116- 214
He inquired whether a proposed Zoning Ordinance would return to the P&TC
or to the Council if the Council directed Staff to make significant changes.
Ms. Gitelman advised that substantial revisions would need a P&TC
recommendation.
Council Member Scharff suggested Staff return to the Council with major
attributes they intended to include in Zoning Ordinances and a Staff Report
stating their rationale.
Ms. Gitelman could return directly to the Council if so directed.
Council Member Scharff remarked that a proposed Zoning Ordinance would
need to be an Action Item.
Ms. Gitelman concurred with adding language to Recommendation Number
1.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to include in Number 1 of the Motion that Staff is
to return to Council with a report on potential topics of the Ordinance prior
to going to Planning and Transportation Commission with a possible
Ordinance.
Council Member Scharff shared Council Member Holman's concerns
regarding retail and requested Staff update the map to incorporate the SOFA
area with Downtown. He wanted to find a way to prevent existing retail
from converting to office before the Comprehensive Plan was finalized. He
would support the Motion.
Council Member Burt recalled a previous City Council instituted a moratorium
on retail conversions while it reexamined Zoning Ordinances. The Council
should consider a moratorium when the item returned in January. In all
discussions of the commercial development cap, retail was defined as
commercial development; however, the Council did not intend for the
development cap to include retail. That point needed clarification.
Ms. Gitelman explained that an annual limit for office/research and
development (R&D) would not apply to retail. Monitoring did include retail
as well as office/R&D. Hopefully Staff would have better data sets that
separated retail from office/R&D prior to the January working session.
Council Member Burt inquired whether it was unnecessary to provide a
clarification at the current time.
MINUTES
12/08/2014 116- 215
Ms. Gitelman indicated that Recommendation Number 2 clearly stated that
the annual program was specific to office and R&D.
Council Member Burt noted the Council did not abandon consideration of
other interim zoning changes; however, it was not included in Staff's
recommendations. He wanted the Council to have the option to discuss
other interim changes at the January meeting.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to include in Number 2 of the Motion that Council
may identify interim zoning changes for future consideration.
Mr. Keene advised that Staff was conducting some analysis of potential
interim zoning changes. The addition to the Motion indicated the Council
would identify interim zoning changes at the January meeting.
Ms. Stump explained that at the January meeting the Council would need to
direct Staff to return with changes, so that notice could be given to the
public. The Council could not take action on any new item in the same
meeting.
Council Member Berman expressed concern that the scope of zoning
changes would delay the timing of all other work.
Council Member Burt stated the Council could have that debate in January.
Mr. Keene added that the January discussion would include Staff's
assessment of the impact on the timeline, scheduling, and other directives.
Vice Mayor Kniss inquired whether Council Member Burt also meant not
considering any interim zoning changes.
Council Member Burt replied no. Interim zoning changes would be a second
topic for that meeting. He was skeptical of the process outlined in
Recommendation Number 4. The Council should consider whether it wanted
to create some form of an advisory committee. That discussion could also
occur in January. The proposed process did not educate the community
regarding a vision for the Comprehensive Plan before diving into data,
scenarios, and alternatives. Two summits were needed; one to establish
and educate for a vision and a second to grapple with what was learned. He
did not believe that should be included in the Motion provided Staff was not
precluding that discussion.
MINUTES
12/08/2014 116- 216
Ms. Gitelman was willing to hold continuing discussions about structure of
the work sessions and summit. Planning and preparing for a summit as
early as May would be a great deal of work for Staff.
Council Member Burt was concerned that a summit meeting would fail if it
was not preceded by a vision meeting as he described.
Ms. Gitelman wanted a summit meeting to succeed. A summit could begin
with a plenary session regarding big-picture issues before participants
discussed critical issues.
Council Member Burt did not believe a plenary session could occur the same
day.
Ms. Gitelman would accept the Council's input regarding structure of
meetings. Having two summit meetings would greatly increase Staff's
workload.
Council Member Burt appreciated the amount of work needed. He wished to
ensure that Staff had not precluded an alternative. In January, the Council
could make a decision on the structure of work sessions.
Mr. Keene suggested the Council read Recommendation Numbers 3 and 4
together. Participants could discuss policy issues as problems and deficits
that they wanted to remedy and the concepts that needed consideration.
Council Member Burt preferred to begin a community discussion by
envisioning the type of community residents wanted in 20 years. After that,
participants could discuss methods to integrate other components. He
requested the Council hold a discussion of this issue in January.
Mr. Keene indicated the Council would need to give Staff direction regarding
its wishes.
Council Member Burt asked if the Council would have that discussion in
January.
Ms. Gitelman was not planning to return to the Council for a discussion of
how to structure the summit. Staff was planning a series of inspirational
sessions that began with the big picture, appealed to a wide range of people,
and then moved to issues and choices. Staff could not prepare for
discussions of annual growth management program, retail and parking
Ordinances, and structure of a summit in time for a meeting in January.
MINUTES
12/08/2014 116- 217
Council Member Burt advised that Staff could proceed with planning the
work sessions; however, they would have time to incorporate changes as
directed by the Council in January.
AMENDMENT: Council Member Burt moved, seconded by Council Member
Holman to include in Number 2 of the Motion to direct Staff to provide
Council input on the draft summit and work sessions in January.
Ms. Gitelman would accept Council direction. At some point work on other
initiatives would be delayed.
Council Member Holman interpreted the Amendment as seeking clarity from
Staff regarding the structure of work sessions.
Mr. Keene understood the intent of the Amendment as well as Staff's
position. Staff would proceed with preparing for a summit with the caveat
that the Council could make changes in January. Making changes could
impact the timeframe for other initiatives to be presented to the Council.
Council Member Holman did not view the Amendment as putting off work.
In January, Staff would advise the Council of the plan for moving forward.
Council Member Klein opposed the Amendment, because it proposed
micromanaging Staff.
Council Member Berman stated that realistically the Council could change all
of Staff's preparations. He supported the Amendment as well as Staff
should they report that other initiatives would be delayed because of Council
changes imposed in January.
Council Member Price did not support the Amendment.
MOTION TO CALL THE QUESTION: Council Member Price called the
question.
CALL THE QUESTION PASSED: 9-0
AMENDMENT FAILED: 4-5 Berman, Burt, Holman, Scharff yes
Mayor Shepherd felt Staff outlined issues of concern to the community.
Working sessions were the correct approach. She hoped complementary
zoning changes occurred after adoption of the Comprehensive Plan.
MOTION AS AMENDED PASSED: 9-0
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12/08/2014 116- 218
14. Approval of Staff Recommendations Concerning Responses to Palo Alto
Compost Facility Request for Proposals for Yard Trimmings and
Residential Food Scraps at the Measure E Site. Staff Recommends
that Council Direct Staff to Pursue One of the Two Following Options:
Option #1 (Lower-Cost Option): Reject all Proposals Received in
Response to the “Compost Facility for Yard Trimmings and Residential
Food Scraps”.
Option #2 (Local Facility Option): Begin Negotiations with Synergy to
Develop a Contract for Design, Construction and Operations of a
Composting Facility on a 3.8-acre Section of the Measure E Site.
If Staff is Unable to Negotiate a Contract with Synergy then Staff
is Directed to Initiate Negotiations with a second company.
Council took a break at 10:03 P.M. and returned at 10:10 P.M.
Mayor Shepherd recalled that earlier in 2014 the Council rejected the
Request for Proposals (RFP) to develop an anaerobic digester and issued a
new RFP for a digester to exclude yard trimmings. The Council directed Staff
to include composting of yard trimmings and household food scraps and to
return with proposal results prior to year end.
Mike Sartor, Director of Public Works, reported in May 2014 the Council
directed Staff to issue an RFP for composting of yard trimmings and
residential food scraps at the Measure E site. Staff received four proposals in
September 2014 and asked clarifying questions in October.
Phil Bobel, Assistant Director of Public Works, advised that Proposal Number
1 would compost materials outside Palo Alto. The anaerobic digester at the
sewage treatment plant was the main component of the Organics Facility
Plan. Preliminary design of the digester was complete, and a contract would
be presented to the Council in the next few weeks. The RFP requested
proposals for a design, build, operate, and maintenance contract and would
include an Environmental Impact Report (EIR). The City would finance and
own the facility and equipment. Primary environmental requirements were
odor and noise control. Staff structured the RFP to require an enclosed
facility around all compost operations. Staff eliminated BioMRFs proposal,
because they did not feel its guarantor was strong enough. Remaining
proposals were submitted by Synergy, Harvest Power, and GreenWaste.
Staff ranked proposals based on qualitative and cost measures. Synergy
ranked Number 1, Harvest Power Number 2, and GreenWaste Number 3.
Synergy proposed use of an enclosed system. Option Number 1 would ship
material to a compost facility located outside Palo Alto and would cost
substantially less than the three proposals.
MINUTES
12/08/2014 116- 219
Option Number 2 would construct a facility on the Measure E site. Palo Alto
Green Energy proponents would support shipping materials to an outside
composting facility. Currently, yard trimmings were shipped to Z-Best for
composting. Other composting facilities were Zero Waste Energy
Development (ZWED), Newby Island, and Harvest-Lathrop. GreenWaste had
constructed a dry anaerobic digester that could accept material from Palo
Alto. Option Number 1 provided the lowest cost for the City. Option Number
2 would provide a local facility. With either option, Staff needed to collect
residential food scraps differently. Currently, residential food scraps were
mixed with garbage, while commercial food scraps were collected separately.
Under Option Number 1, Staff would select the best location outside Palo Alto
and return in March 2015 with information. Under Option Number 2,
construction of a new facility in Palo Alto would be complete in 2018.
Andy Benedetti, BioMRF Technologies, requested Staff explain their reasons
for excluding BioMRF's proposal. Staff submitted ten questions to BioMRF;
however, none of the questions addressed reasons for excluding BioMRF's
proposal. BioMRF could offer the best technology at the best price.
Tom Jordan advised that the State claimed title to the landfill site, and the
City had not requested permission from the State to build a compost facility
on the site. The State Lands Commission suggested the City would not
receive permission. The City signed a lease that obligated it to build a
passive park on the site.
Karen Sundback supported postponing construction of a local composting
facility. The Newby Island facility would close in either 5 or 15 years
depending on the outcome of pending litigation. The Zero Waste facility was
too small to handle all material from Newby Island. Construction of a local
facility would be the responsible solution at some point in the future.
Carol B. Muller remarked that Byxbee Park offered unprecedented views of
both the Bay and mountains; was a Mecca for bird watching; offered more
than 5 miles of trails; and contained educational art pieces. She urged the
Council to fulfill the promise of Byxbee Park.
Peter Drekmeier, Palo Altans for Green Energy, was disappointed by the RFP
requirement for an enclosed building. A local facility could be less expensive
in the long run. He requested the Council table a composting facility on the
Measure E site and encourage Staff to proceed with an anaerobic digester.
Emily Renzel supported Option Number 1. Zero waste and sustainability
goals could be achieved through either option. Local aerobic composting of
yard trimmings would produce no energy and offered no significant
advantages.
MINUTES
12/08/2014 116- 220
Option Number 1 was considerably less expensive than Option Number 2 for
the City and ratepayers. Option Number 1 was the most cost-effective and
environmentally sound option.
Scott Scholz, GreenWaste of Palo Alto, worked with Staff to determine new
approaches for transportation vehicles and options for transporting materials
to the ZWED facility. Option Number 1 was the logical choice. GreenWaste
was willing to negotiate a long-term, 15-year contract for processing of
material at the ZWED facility; provide free compost to residents; and
continue education efforts.
Greg Ryan, GreenWaste of Palo Alto/Zero Waste Energy Development,
supported Option Number 1. GreenWaste's technical proposal for a local
facility scored highest of the three proposals. Prices contained in
GreenWaste's proposal were estimates based on incomplete information.
Stephanie Munoz requested the Council consider the cost of Option Number
2, enclosing a local facility within a building, and current facilities for
composting yard trimmings.
David Bubenic suggested the Council plan for the future. Over time, waste
treatment sites would move further away from Palo Alto. The most efficient
and least carbon option for transportation was rail, and the City should
consider building a loading station for transportation by rail.
Shani Kleinhaus advised that the building would be located in a critically
important wildlife corridor. Mitigation measures would likely be located
outside Palo Alto. She requested the Council support Option Number 1.
Craig Lewis encouraged the Council to consider economic and environmental
factors in making its decision. He supported Option Number 1.
MOTION: Council Member Klein moved, seconded by Vice Mayor Kniss to
reject all proposals received in response to the “Compost Facility for Yard
Trimmings and Residential Food Scraps” RFP and continue composting
outside of Palo Alto, and:
1. Table decision on how the Measure E site should be used until:
a. The City has a better understanding of our needs for the
anaerobic digester, including processing of digestate and
preprocessing of food waste; or
b. An advanced technology for processing organic waste is
available; or
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12/08/2014 116- 221
c. Best management practices are sufficient and could be
affordable without requiring a fully-enclosed building; or
d. Composting outside Palo Alto is no longer the lower cost option.
2. If none of the conditions described above in Paragraph 1 of this
Motion have occurred by June 30, 2019, the City Council shall decide
by December 31, 2019 which action including the extension of this
Resolution that the City shall take with respect to the Measure E site.
Additionally, a yearly informational report will be submitted to the
City Council regarding the status of the Measure E site and the
conditions described in Paragraph 1 of this motion.
3. Direct Staff to focus on advancing the RFP process for the anaerobic
digester that will convert biosolids and food waste into biogas as laid
out in the City’s Organics Facility Plan.
Council Member Klein felt Staff made a compelling case for Option Number
1, but did not mention next steps. The Motion was consistent with the
proposal of Palo Altans for Green Energy with a few modifications.
Vice Mayor Kniss expressed concerns about composting facilities after Newby
Island closed and about trucking garbage. The Motion would provide the
Council with an environmentally acceptable and stable position. She
inquired whether the Motion included check-ins other than in 2019.
Mayor Shepherd explained that use of the Measure E site would be tabled
until one of the conditions listed in a), b), or c) was met.
Vice Mayor Kniss inquired whether Council Member Klein would agree to
include language for periodic check-ins.
Council Member Klein did not see a need for periodic check-ins.
Vice Mayor Kniss preferred periodic check-ins over "a better understanding
of our needs."
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add a paragraph under section d): Staff shall
annually report to the City Council on the status of the Measure E site and
the potential conditions described above.
Vice Mayor Kniss inquired whether Staff would provide an informational
report.
MINUTES
12/08/2014 116- 222
Council Member Klein clarified that Council Members could place an item on
the Agenda if they wished.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER that in section b) change "processing yard waste"
to "processing organic waste."
Council Member Schmid felt the Motion provided the Council with time to
assess new technologies. The 2007 Zero Waste Policy stated an anaerobic
digester was an interim step to achieving zero waste with new technologies.
Conversion technologies continued to be a major option and should be a
component of the annual update. Identifying technology that could achieve
the goals of the 2007 Zero Waste Policy was essential.
Council Member Holman requested the City Attorney address public
comment regarding the State Lands Commission.
Molly Stump, City Attorney, reported the City acknowledged that a lease
amendment would be needed if the facility was going to be used as
proposed in Option Number 2. Staff had been conferring with State Lands
Commission officials. The City's position was that a lease agreement was
not strictly required; however, the City would amend the lease if needed.
Council Member Holman suggested some of the propositions in the Motion
would require agreement of the State Lands Commission.
Ms. Stump clarified that a lease agreement would be required at the point
where the City decided to proceed with substantial construction at the site.
Mr. Bobel advised that a lease agreement would be needed later in the
process under Option Number 2, and later yet under the Motion. State
Lands Commission officials indicated they would be amenable to a lease
agreement.
Council Member Holman asked if the Motion provided an option for
construction on the Measure E site.
Council Member Klein stated the intent of the Motion was to provide an
option for construction if any of the conditions were met.
Council Member Holman asked if Staff had information regarding closure of
the Newby Island facility.
Mr. Bobel indicated Newby Island would close; however, it was one of four
alternatives. He preferred the ZWED facility which was owned and operated
by GreenWaste.
MINUTES
12/08/2014 116- 223
Council Member Holman inquired whether Staff had talked with GreenWaste
about a contract term of more than 15 years.
Mr. Bobel had not held any detailed conversations with GreenWaste. Until
recently, GreenWaste was not sure it could accept any material from Palo
Alto, because ZWED was a new facility that committed to taking San Jose's
waste. Now that GreenWaste knew it could accept material from Palo Alto,
Staff would hold detailed discussions with GreenWaste. If the Council
approved the Motion, a long-term contract might not be practical.
Council Member Holman asked if Staff had made any progress with respect
to home composting.
Mr. Bobel continued to educate the public about home composting. Home
composting could never replace a composting facility, because many
residents lived in apartments and condominiums.
Council Member Burt asked if Item 2a should be "The City has a better
understanding of our needs from the anaerobic digester."
Mr. Bobel suggested the Motion state digestate.
Council Member Burt clarified that digestate was the byproduct.
Mr. Bobel indicated that "needs for an anaerobic digester" could be deleted.
Council Member Burt asked if preprocessing was performed in the digester.
Mr. Bobel explained that preprocessing was a grinding and screening step
done prior to anaerobic digestion.
Council Member Burt felt the Council should know as soon as possible if the
State Lands Commission would not agree to a lease, so that Staff could
pursue an alternative site.
Mr. Bobel met with State Lands Commission officials a few weeks previously
and did not believe there would be a problem.
Council Member Burt inquired about the cost effectiveness of making the
home composting container give away a permanent program.
Mr. Bobel reported more residents were taking containers. The cost of each
container was approximately $50.
MOTION AS AMENDED PASSED: 8-1 Holman no
MINUTES
12/08/2014 116- 224
15. Resolution 9476 entitled “Resolution of the Council of the City of Palo
Alto Adopting the 2014-2016 Management & Professional
Compensation Plan” and Ordinance 5289 entitled “Ordinance of the
Council of the City of Palo Alto Amending the Table of Organization.”
James Keene, City Manager, reported the Council provided direction to Staff
in a Closed Session. The Management and Professional Compensation Plan
(Plan) was designed to track the agreement with the Service Employees
International Union (SEIU). Staff recommended adjustments to under
market salary ranges, approval of a 2 percent general salary increase
effective July 1, 2014, approval of 2.5 percent general salary increase
effective July 1, 2015, implementation of a flat rate employer contribution to
medical premiums, and approval of small language changes.
MOTION: Council Member Price moved, seconded by Vice Mayor Kniss to
adopt the attached Resolution adopting the Compensation Plan for
Management and Professional Personnel and Council Appointees effective
July 1, 2014 through June 30, 2016 (the “Plan”), to:
1) Make adjustments to certain under-market salary ranges for market
competitiveness;
2) Approve a 2% general salary increase effective the pay period
including July 1, 2014;
3) Approve a 2.5% general salary increase effective the pay period
including July 1, 2015;
4) Implement flat rate employer contributions to medical premiums;
and
5) Make additional changes as outlined in the attached Management &
Professional Compensation Plan attached as Exhibit 1 and to adopt
the attached Ordinance making related amendments to the Table of
Organization.
Council Member Price indicated the Plan would align compensation for
Management and Professional personnel with SEIU personnel. The Plan
would assist with recruiting and retaining employees.
Council Member Schmid felt the important provision of the Plan was the flat
rate employer contribution to medical premiums.
MINUTES
12/08/2014 116- 225
Council Member Scharff asked why the Plan included additional
compensation for the Mayor and Vice Mayor. They were not Management
and Professional Employees.
Sandra Blanch, People Strategy and Operations Assistant Director, explained
that the Plan outlined benefits for Council Members and stipends for the
Mayor and Vice Mayor.
Council Member Scharff asked if the Plan stated the benefits for which
Council Members were eligible.
Ms. Blanch would provide the information at a later time.
Molly Stump, City Attorney, advised that Staff would present an item in
January 2015 regarding the Council's salary. At that time, Staff would also
present a clean-up amendment to an Ordinance stating that the Council set
the Mayor and Vice Mayor stipend annually by Resolution.
MOTION PASSED: 9-0
Vice Mayor Kniss left the meeting at 11:25 P.M.
Council Member Questions, Comments and Announcements
Council Member Price attended many workshops at the Congress of Cities
Conference in Austin. At the Innovation and Entrepreneurship workshop,
Open Government and Code of America referred to their work with the City
of Palo Alto. She requested Staff provide a brief update regarding work with
Open Government and Code of America.
Council Member Klein advised that several meetings during the Congress of
Cities Conference were applicable to Palo Alto. Airbnb and Aspects of the
Sharing Economy would be the subject of a Colleague's Memo. He toured
affordable housing in Austin, which had passed two bond measures for
affordable housing in five years. He also attended sessions on cities with too
much water and cities with too little water; both were applicable to Palo Alto.
Council Member Holman toured affordable housing and the animal shelter
during the Congress of Cities Conference. Austin's animal shelter was also
supported by a bond measure. She requested the meeting be adjourned in
memory of Betsy Allen, who passed away the previous week. Ms. Allen was
a community advocate and political activist.
Adjournment: The meeting was adjourned at 11:34 P.M.
MINUTES
12/08/2014 116- 226
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto
Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing
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meeting tapes are recycled 90 days from the date of the meeting. The tapes are
available for members of the public to listen to during regular office hours.