HomeMy WebLinkAbout2013-04-08 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL
ACTION MINUTES
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Special Meeting
April 8, 2013
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:00 P.M.
Present: Council Members: Berman, Burt, Holman, Klein, Kniss, Price,
Scharff, Schmid, and Shepherd
CLOSED SESSION
1. CONFERENCE WITH CITY ATTORNEY/LEGAL COUNSEL
Potential Litigation Relating to Water Service Charges,
Palo Alto Hills Golf Country and Club
Section 54956.9(c) - Potential Initiation of Litigation - 1 Case
Council Member Holman did not participate due to a conflict with her
membership in the Palo Alto Hills Golf Country and Club.
Council returned from Closed Session at 6:45 p.m. and took a 10 minute
break.
At 6:55 p.m. Mayor Scharff reported that there was no reportable action
from the Closed Session.
SPECIAL ORDERS OF THE DAY
2. Resolution of the Council Expressing Appreciation to Stephen A. Emslie
Upon his Retirement.
MOTION: Vice Mayor Shepherd moved, seconded by Council Member Price
to adopt the Resolution Expressing Appreciation to Stephen A. Emslie upon
his retirement.
MOTION PASSED: 9-0
ACTION MINUTES
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City Council Meeting
Action Minutes: 4/8/13
AGENDA CHANGES, ADDITIONS, AND DELETIONS
MOTION: Mayor Scharff moved, seconded by Council Member Burt, to
move Agenda Item 12, “Approval of Amendment Number 2 to Contract
#C10131396 in the Amount of $1,173,000 with CDM Smith Inc. to Provide
Additional Services Associated With the Reservoir, Pump Station, and Well at
El Camino Park and Mayfield Pump Station Augmentation Project WS-08002,
for a Total Not to Exceed Amount of $6,300,802 (Continued From April 1,
2013)” to a date uncertain.
MOTION PASSED: 9-0
MINUTES APPROVAL
MOTION: Council Member Kniss moved, seconded by Vice Mayor Shepherd
to approve the minutes of March 4 and March 11, 2013.
MOTION PASSED: 9-0
CONSENT CALENDAR
Council Member Schmid noted he would be voting no on Agenda Item
Number 3.
MOTION: Council Member Holman moved, seconded by Mayor Scharff to
approve Agenda Item Numbers 3-10 with revisions on Agenda Item Number
7 indicating that the Budget Amendment Ordinance would reference the
agreement being approved and Section Three would indicate the foundation
contribution would fund temporary salaries in the Children’s Program area.
3. Recommendation that City Council Approve Amendment No. 1 to a
Contract with BASE Energy, Inc. for the Administration of a Third-Party
Non-Residential New Construction Efficiency Program.
4. Approval of Record of Land Use Action Approving a Request for
Extension of a 2010 Site and Design Review Approval to May 2014 for
the Hotel Project at 1700 Embarcadero Road (Mings Site).
5. Submittal of Mitchell Park Library and Community Center Bi-Monthly
Construction Contract Report.
6. Approval of Amendment to the Agreement Between Moldaw Family
Housing and City of Palo Alto for the Below Market Rate (BMR) Units at
899 Charleston Avenue to Restructure the Repayment Options.
ACTION MINUTES
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City Council Meeting
Action Minutes: 4/8/13
7. Letter of Agreement Between Palo Alto Art Center Foundation and City
of Palo Alto Memorializing Ongoing Financial Support of Children's
Programs at the Palo Alto Art Center.
8. Approval of Letter to Association of Bay Area Governments (ABAG) to
Transfer 200 Housing Units of Regional Housing Allocation (RHNA)
from City of Palo Alto to Santa Clara County for the 2014-2022
Planning Period.
9. Appointment of Sandra Hirsh, John Melton, Dena Mossar, James
Schmidt, and Alice Smith to the Library Bond Oversight Committee for
Five Terms Ending on May 31, 2017.
10. Appointment of David Bower, Beth Bunnenberg, and Patricia DiCicco to
the Historic Resources Board for Three Terms Ending on May 31, 2016.
MOTION PASSED AGENDA ITEM NUMBER 3: 8-1 Schmid no
MOTION PASSED AGENDA ITEM NUMBERS 4-10: 9-0
ACTION ITEMS
11. Public Hearing: Adoption of an Ordinance Amending the Zoning Map to
Add the Ground Floor Combining District to the CD-C-P(and CD-S-P)
Zoned Properties Fronting the 600 Block of Emerson Street.
Public Hearing Opened at 7:41 p.m.
Public Hearing Closed at 7:54 p.m.
MOTION: Council Member Holman moved, seconded by Council Member
Schmid to adopt an Ordinance amending the Zoning Map to add the Ground
Floor (GF) Combining District (regulated under PAMC Section 18.30(C)) to
properties on the 600 block of Emerson Street zoned CD-C-P (Commercial-
Downtown Community with Pedestrian Combining District) and street
fronting ground floor spaces zoned CD-S-P (Commercial-Downtown Service
with Pedestrian Combining District), as listed on the ordinance’s Exhibits 1
and 2.
SUBSTITUTE MOTION: Council Member Klein moved, seconded by Council
Member Price to continue item and move into the larger downtown study.
SUSTITUTE MOTION FAILED: 3-6, Klein, Shepherd, Price yes
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Action Minutes: 4/8/13
MOTION PASSED: 6-3 Klein, Shepherd, Price, no
13. Approval of a Water Enterprise Fund Contract with RMC Water and
Environment, Inc. for a Total Not to Exceed Amount of $193,914 to
Complete the Environmental Analysis of Expanding the City's Recycled
Water Delivery System (Continued From April 1, 2013).
MOTION: Council Member Kniss moved, seconded by Council Member Price
to approve a contract with RMC Water and Environment, Inc. (RMC) to
complete the environmental analysis of an expanded recycled water project
to serve the Stanford Research Park for $176,286, plus a contingency of
$17,628, for an amount not to exceed $193,914. Staff also recommends
that Council approve this contract as a “sole source” exemption from the
City’s competitive bidding process under its authority in Palo Alto Municipal
Code Section 2.30.360(d).
MOTION PASSED: 6-3, Scharff, Schmid, Holman no
14. Colleague's Memo From Mayor Scharff and Council Members Burt,
Price, and Schmid Regarding Expansion of Percent for Art and Public
Art in Private Developments and Appropriate Maintenance of Our
Existing and Future Public Art Collection.
MOTION: Council Member Schmid moved, seconded by Vice Mayor
Shepherd to A) extend the current One Percent For Art Policy to new and or
remodeled private large commercial developments and housing projects with
the details of the Policy to be developed by Staff and considered by the
Policy and Services Committee. Single-family homes, duplexes, triplexes and
four-plexes and historical preservation sites would be exempt. The Policy at
a minimum should provide that 1) the applicant may choose to pay the 1
percent in-lieu fee to the Public Art Commission rather than commission
artwork at the site; 2) That the care and appropriate maintenance of the
artwork will be the responsibility of the private developer; 3) The care and
maintenance plan will be reviewed and monitored by the City Staff; and 4)
The artwork must not be demolished, removed or destroyed without City
approval, B) direct Staff to develop a robust plan for consideration by the
Policy and Services Committee and then the full Council that evaluates the
current modest General Fund contributions and considers a possible
administrative fee and or set aside of a portion of the funds received under
the current Percent for Art Policy to account for ongoing and future
maintenance of the existing and future artworks commissioned under the
Percent for Art Policy based on a realistic assessment of the maintenance
needs of the Cities Public Art Collection and administration needs of that
ACTION MINUTES
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City Council Meeting
Action Minutes: 4/8/13
collection. The goal should be a transition to a self-sustaining robust
program that does not rely on general fund contributions, and C) welcome
and encourage a variety of art experiences including interactive art,
sculptures, murals, mosaics, innovative spaces or facades that engage the
public and signature architectural features.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to not to include building projects by religious
organizations and also affordable housing projects.
MOTION AS AMENDED PASSED: 9-0
COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS
Council Member Price reported that Caltrain planned signal upgrades at East
Meadow and at Churchill. This will include safety improvements to train
approach warning systems.
Council Member Burt said at the Caltrain Policy Makers Working Group’s last
meeting they discussed the proprietary positive train control system called C
Boss. There was a Federal mandate requiring the installation of this type of
system by 2015, but that will likely be extended.
Council Member Holman said she was in Pasadena for the League of Cities
meeting. Presentations included plastic bag legislation.
Vice Mayor Shepherd said that Council Members Price, Holman, Kniss, and
Berman are participating, along with herself, in the League’s Bocce Ball
Tournament.
Mayor Scharff reported the Ad Hoc Committee on Technology and the
Connected City would be chaired by Council Member Kniss and would include
Mayor Scharff, Vice Mayor Shepherd, and Council Member Klein.
ADJOURNMENT: The meeting was adjourned at 10:00 p.m.