HomeMy WebLinkAbout2013-05-20 City Council Summary MinutesCITY OF PALO ALTO CITY COUNCIL
MINUTES
Page 1 of 20
Special Meeting
May 20, 2013
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 4:05 P.M.
Present: Berman, Holman, Klein, Kniss arrived at 4:30 P.M., Scharff,
Schmid, Shepherd
Absent: Burt, Price
Commissioners Present: Alcheck, Keller, King, Martinez, Michael
Commissioners Absent: Panelli, Tanaka
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene,
Pamela Antil, Lalo Perez, Joe Saccio, Kathryn Shen, Sandra Blanch,
Marcie Scott, Darrell Murray, Val Fong)
Employee Organization: Utilities Management and Professional
Association of Palo Alto (UMPAPA)
Authority: Government Code Section 54957.6(a)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, CALIFORNIA
GOVERNMENT CODE SECTION 54956.8
Properties:
Cubberley Community Center, 4000 Middlefield Road, Palo Alto 94306
(including 8 acres owned by the City of Palo Alto and remaining acres
owned by the Palo Alto Unified School District); and Ventura School
site, 3990 Ventura Court, Palo Alto 94306
MINUTES
Page 2 of 20
Special City Council Meeting
Minutes: 5/20/13
Agency Negotiators:
James Keene, Pam Antil, Lalo Perez, Joe Saccio, Hamid
Ghaemmaghami, Greg Betts, Rob De Geus, Thomas Fehrenbach,
Aaron Aknin, Molly Stump
Negotiating Parties:
City of Palo Alto and Palo Alto Unified School District
Under Negotiation:
Lease and/or Purchase/Sale*
Price and Terms of Payment
The City Council reconvened from the Closed Sessions at 6:16 P.M. and
Mayor Scharff announced there was no reportable action.
STUDY SESSION
3. Potential List of Topics for Joint Meeting with the City Council and
Planning and Transportation Commission.
The Planning and Transportation Commission presented an overview of their
efforts to amend the 1998-2010 City of Palo Alto Comprehensive Plan, most
recently directed by the City Council in 2010. Each PTC member presented
draft revised vision statements, goal structures and highlights of proposed
changes for each of the seven elements in the Comprehensive Plan. Some
Council Members had questions with regard to the draft vision statements
and goal language. The Council appreciated the update and the work of the
PTC, but commented that only a high level overview was possible for this
meeting. The PTC and City staff will develop a process by which the Council
or a Council sub-committee can review each revised Comprehensive plan
element in detail.
AGENDA CHANGES, ADDITIONS, AND DELETIONS
Mayor Scharff announced Staff recommended Council adoption of the
Housing Element be continued to June 10, 2013.
James Keene, City Manager, reported Staff needed additional time to finalize
alternative sites and to confer with the California Department of Housing and
Community Development (HCD).
Mayor Scharff understood the Regional Housing Mandate Committee
recommended Staff find 30 additional housing units if possible. Staff
MINUTES
Page 3 of 20
Special City Council Meeting
Minutes: 5/20/13
believed they could do so without utilizing the Maybell-Clemo project, but
needed to confirm with HCD that alternative sites were feasible.
MOTION: Council Member Klein moved, seconded by Council Member
Berman to continue Agenda Item Number 13, “Adoption of a Resolution
Adopting the 2007-2014 Housing Element of the Comprehensive Plan and
Approving a Negative Declaration,” to June 10, 2013 per Staff’s
recommendation.
Council Member Klein requested Staff comment on efforts to notify the
community about continuation of the Agenda Item.
Mr. Keene stated the Planning Department attempted to contact
neighborhood leaders.
MOTION PASSED: 7-0 Burt, Price absent
4. Presentation of the City of Palo Alto 3-Year IT Strategy.
Jonathan Reichental, Chief Information Officer presented the 3-Year IT
strategy. The strategy covered technology trends, the current IT landscape,
vision, mission and goals. The four strategic goals were: 1) deploy digital
city capabilities, 2) implement IT governance, 3) standardize and enhance
service delivery, and 4) upgrade technology infrastructure and formalize
information security. Accomplishments and future initiatives that align to the
strategic plan were also shared. Staff responded to Council questions
regarding security in the cloud by indicating that going to the cloud entails
moving technology services from our data center to selected vendors’ data
center. The cloud vendors that we select are required to go through a
rigorous evaluation process to ensure that they meet our security
requirements. There are several large public agencies and states that have
moved technology services to the cloud. When asked whether City systems
have ever been hacked, Staff responded by saying that it was not about
when, but if the City would know that systems have been hacked - this is a
key reason for hiring a Security Manager in 2012. Staff recently
implemented an extra layer of security (firewall) and is currently underway
with implementing measures to further prepare for security incidents. If
more funding were made available Staff would propose a dedicated
procurement resource to help expedite the purchasing process for
technology solutions. Last year Staff deployed an open data platform which
was the basis for sharing all the data of the City with the community. A data
strategy should be developed for how data would be leveraged for decision-
making. Many cities look to Palo Alto for innovation. At the same time Palo
Alto looks at other cities in California as well as large cities like Chicago, New
MINUTES
Page 4 of 20
Special City Council Meeting
Minutes: 5/20/13
York and Boston for leveraging ideas for innovation. Regarding the City
Website updates Staff said the top two functionalities were: improve search
functionality and increase compatibility for mobile access. Staff expected the
upgrade to be no earlier than one year from now.
CITY MANAGERS COMMENTS
James Keene, City Manager, reported Staff developed a Request for Proposal
(RFP) to solicit consultant bids for the Matadero Creek Trail Phase 1 Mid-
town Project. A majority of community input was included in the RFP. Staff
anticipated returning to the Council by September 2013 to award a
consultant contract.
MINUTES APPROVAL
MOTION: Council Member Schmid moved, seconded by Council Member
Kniss to approve the minutes of April 1, 2013.
MOTION PASSED: 7-0 Burt, Price absent
CONSENT CALENDAR
Council Member Kniss inquired about the circumstances regarding the
Mitchell Park Library and Community Center Project that resulted in
additional costs to the City and increased inconvenience to the public.
James Keene, City Manager, reported Staff provided a bimonthly report to
the Council on the Mitchell Park Library and Community Center Project.
Staff could provide more detailed information. Correspondence to the
Project contractor related the City's concerns regarding the schedule and
cost of the Project.
Council Member Kniss stated the Project was months behind schedule.
Mr. Keene agreed the contractor was months behind schedule.
Council Member Kniss asked who was responsible for the delays and added
costs.
Molly Stump, City Attorney, noted Council Member Kniss joined the Council
after Staff provided a number of briefings on the Project. The contractor
requested approval of numerous changes and increased costs. Staff
evaluated the requests and paid those determined to be reasonable under
the contract. A dispute could result at the conclusion of the Project
MINUTES
Page 5 of 20
Special City Council Meeting
Minutes: 5/20/13
regarding the unapproved requests. The construction contract included a
liquidated damages provision, a pre-negotiated amount paid to the City if
delays were the contractor's fault. The City informed the construction
contractor that the City would implement that contract provision. The City
put the architect and the construction manager on notice that the City had
concerns with respect to their work as well.
Council Member Kniss would like further discussion outside the Council
meeting.
MOTION: Vice Mayor Shepherd moved, seconded by Council Member Kniss
to approve Agenda Item Numbers 5-10.
5. Approval of Amendment No. 5 to Contract C10131631 with Turner
Construction, Inc., to Decrease Compensation by $135,000; Approval
of Contract C13149552 with Turner Construction, Inc., for $700,000
for Construction Management Services for the Mitchell Park Library &
Community Center Project; and Approval of Amendment No. 7 to
Contract C09130744 with Group 4 Architecture, Inc., to Add $260,000
for a Total Contract Amount Not to Exceed $8,855,231.
6. Budget Amendment Ordinance 5195, Approval of a Construction
Contract with S.J. Amoroso In the Amount of $17,707,000, and
Approval of a Professional Services Contract for $1,130,969 with
Group 4 Architecture, Research + Planning Inc. for the Main Library
Expansion and Renovation Project PE-11000.”
7. Resolution 9338 entitled, “City of Palo Alto Resolution Authorizing the
City Manager to File an Application for 2013/2014 Transportation
Development Act Article 3 (TDA3) in the Amount of $82,712;
Charleston Road Corridor Pathway Improvement Project.”
8. El Camino Park / Mayfield Pump Station - CDM Amendment #2
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, as amended).
9. Parks and Recreation Commission and Staff Recommend That Council
Approve an Amendment to the Park and Open Space Rules and
Regulations R1-39 (Attachment A) in Order to Help Reduce the Waiting
MINUTES
Page 6 of 20
Special City Council Meeting
Minutes: 5/20/13
List for Persons Wishing to Obtain a Plot at one of the Three City
Gardens.
10. Approval of Change to Purchase Order for One Workplace to Add
$89,000 of Storage Costs for a Total Amount Not to Exceed $792,794
for Standard Furniture and Associated Storage Costs for the Mitchell
Park Library and Community Center.
MOTION PASSED: 7-0 Burt, Price absent
ORAL COMMUNICATIONS
Corey Summers urged the Council to ask the developer of Alma Village to
delay signing a lease with Grocery Outlet until the Council could perform due
diligence on the impact of Grocery Outlet to the community. A potential
Grocery Outlet tenancy would violate the term grocery store and the health,
safety and welfare of the community, as stated in the Ordinance. In
addition, Grocery Outlet was a destination retail store which would attract
shoppers to an area with limited access and parking.
Council Member Holman requested the Director of Planning and Community
Environment respond to Mr. Summers' comments.
ACTION ITEMS
11. Consideration of City of Palo Alto Offer to Purchase U.S. Post Office
Building at 380 Hamilton Avenue and Agreement to Assume
Enforcement of Historic Covenant (Continued from May 13, 2013).
Curtis Williams, Director of Planning and Community Environment, provided
an update regarding the process for evaluating the potential for the City of
Palo Alto to purchase the United States Postal Service (USPS) building
located at 380 Hamilton Avenue. The building was a valuable community
asset, and purchase of it provided the City with the opportunity to preserve
the building and to consolidate City services. Staff attempted to obtain
USPS sale criteria for the building, and expected USPS to list the building for
sale with a price based on its appraisal of the building. The building could be
listed for sale in the next two to four weeks, assuming USPS received
approval from the California Historic Preservation Office. A number of
historic restrictions applied to the structure, and a historic covenant would
be associated with the sale whether the City or a private entity purchased
the building. Staff worked with structural engineers and historic architects
to ascertain the longevity and feasibility of maintaining the structure, and
obtained an appraisal to determine an overall cost the City could be willing
MINUTES
Page 7 of 20
Special City Council Meeting
Minutes: 5/20/13
to pay for the building. Staff considered relocating the Development Center
or other City functions to the building, thereby saving lease costs for other
facilities. USPS indicated it needed to remain in Downtown Palo Alto with
approximately 3,500 square feet of space; therefore, Staff considered the
possibility of leasing space in the building to USPS. Purchase of the building
would require an initial outlay of cash reserves from the City. Staff
anticipated some funding mechanism, such as Certificates of Participation
(COPs), to repay the cash outlay over time. Financial analyses indicated
COPs and savings of lease costs would be profitable for the City over 10-20
years depending on the purchase price. USPS solicited interest from
agencies or non-profit entities to enforce the historic covenant, and needed
those details before the California Historic Preservation Office would approve
the sale. Staff suggested the Council authorize Staff to notify USPS that the
City was willing to take on that responsibility. The sale listing for the
building could occur in June at the earliest, at which time Staff would return
to the Council for authorization of a potential offer for the building. If the
City was selected as a preferred bidder, then Staff would return to the
Council for discussion with details for the purchase. Staff's recommendation
was for the Council 1) to authorize Staff to notify USPS that the City was
willing to undertake the responsibility for enforcing the historic covenant;
and 2) to direct Staff to return to the Council with specific details for a
potential purchase offer.
Beth Bunnenberg urged the Council to place a purchase bid for the Hamilton
Avenue building, because it was an architectural gem in the heart of
Downtown and a good business deal.
Douglas Graham also urged the Council to bid on the building. He was
delighted the City had the opportunity to use the building and to save
money.
Robert Moss agreed with Staff's recommendation as the building was iconic.
Staff underestimated the savings from relocating City services to the
Hamilton Avenue building. Retaining public use of the building was also
important.
Faith Bell encouraged the City to purchase the building.
Stephanie Munoz felt few people were present, because they expected the
City to place a bid for the building. The community loved the Post Office
Building.
MOTION: Vice Mayor Shepherd moved, seconded by Council Member Kniss
to: 1) authorize Staff to submit and negotiate an offer to purchase the U.S.
MINUTES
Page 8 of 20
Special City Council Meeting
Minutes: 5/20/13
Post Office building at 380 Hamilton Avenue, as soon as the Post Office lists
the U.S. Post Office Building for sale, and according to the parameters
discussed in the Closed Session; and 2) direct Staff to represent to USPS the
City’s willingness to accept the responsibility to hold the historic covenant to
assure the historic integrity of the structure is protected.
Vice Mayor Shepherd agreed with public comment. The positive financial
analysis made the purchase an interesting proposition.
Council Member Kniss stated the Council's intent was to own the building;
however, the challenge was other entities' interest in the building. The
Council could not guarantee the City would own the building.
Council Member Schmid assumed the post office would be located in the
lobby, and inquired whether that would allow public access to the remainder
of the building.
Mr. Williams reported the lobby area alone was not large enough for USPS
requirements. However, Staff was working to accommodate both the post
office and City departments in the building.
James Keene, City Manager, believed providing space for a post office would
be part of a competitive bid package.
Council Member Schmid noted one of the possibilities was vacating some
space in City Hall and having other private parties in City Hall. He asked if
remodeling the first floor of City Hall was consistent with needed options.
Mr. Keene stated the City had a range of options. One consideration was
moving City offices back into City Hall so that lease costs could be reduced.
Council Member Schmid indicated remodeling the first floor of City Hall
would turn office space into public space, and inquired whether Staff could
be moved to make needed changes.
Mr. Keene reported Staff continued to work on the possibility of the Post
Office Building housing the Development Center, other City offices, and the
Post Office. Staff would report to the Council regarding the best use of
space in order to realize savings.
Council Member Holman inquired about the lack of the Historic Structures
Report (HSR).
MINUTES
Page 9 of 20
Special City Council Meeting
Minutes: 5/20/13
Mr. Williams indicated the HSR was available as a public document;
however, it contained some information concerning the valuation of the
structure.
Council Member Holman felt the public was concerned with the integrity and
features of the building.
Mr. Williams suggested Staff could excise financial information from the
HSR.
Council Member Holman inquired about the process for seeking
reimbursement from USPS for enforcement costs of the historic covenant.
Mr. Williams did not believe the City would seek reimbursement for
enforcement costs from USPS. The City would seek reimbursement from the
purchaser. That statement was not correct.
Council Member Holman indicated the City typically did not engage in
purchasing property from the open market.
AMENDMENT: Council Member Holman moved, seconded by Council
Member XXXXXX to direct Staff to identify local commercial real estate
agents, negotiate terms, and engage an agent to assist with the purchase of
the Post Office.
MOTION FAILED DUE TO THE LACK OF A SECOND
MOTION PASSED: 7-0 Burt, Price absent
12. Update of and Direction for Downtown Parking Garage and Attendant
Parking Study and Implementation of Trial Attendant Parking at Lot R.
Jaime Rodriguez, Chief Transportation Official, reviewed the Downtown
Parking Garage and Attendant Parking Study which focused on the options of
building additional parking structures within Downtown and on better
management of the current structures. Staff studied five sites: Lot E,
Gilman Street (West); Lot G, Gilman Street (East); Lot O, Emerson/High;
Lot P, High/Hamilton; and Lot UL, Urban Lane. In evaluating the sites, Staff
considered constructability factors, impacts to adjacent properties, access
points, existing utilities, parking gain, overall costs, and possible alternative
uses for the sites. Lot D, with 86 existing spaces, would yield a total of 300
parking spaces with a five-story parking structure. Lot E, with 34 existing
parking spaces, would yield the smallest return of 75 total parking spaces.
Lot G would yield a positive parking supply of 113 spaces for a total of 166
MINUTES
Page 10 of 20
Special City Council Meeting
Minutes: 5/20/13
spaces. Lots E and G combined would yield 181 parking spaces for a total of
268 parking spaces. Lot O would yield an additional 145 spaces for a total
of 223 spaces. Lot P would yield an additional 89 spaces for a total of 140
spaces. Lot UL would yield an additional 314 spaces for a total of 478
spaces. The consultant suggested providing preferential parking spaces for
low-emission fuel-efficient vehicles, and Staff would consider that suggestion
in future construction of parking garages. The Urban Lane lot was the only
site technically outside the Downtown core, and further work at the site
would require discussions with University Staff because it could change the
lease agreements between Samtrans and the University. The ground floor
of the Urban Lane site would be an extension of the existing transit mall and
would provide an additional 15 transit bays. Stacked parking was an
attendant parking program for permit parking spaces. The attendant would
guide a motorist to an aisle parking space, and take the keys from the
motorist once the vehicle was parked. As permitted spaces became
available, the attendant would move the vehicle to a permitted space. At
the end of the day, the motorist would take the keys from the attendant and
drive his vehicle away. Staff considered stacked parking for the Civic Center
Parking Garage, Lot R, Lot S, and the Cowper/Webster Street Garage,
because those sites could provide an average of 50 additional permit parking
spaces each with stacked parking. The study was not complete in that it did
not contain cost details for construction of parking structures. Staff could
provide a final report by the end of the summer for the overall project. Staff
recommended they return in June 2013 with details of a proposal for a
public-private partnership to build a parking structure at Lot P; and the
Council direct Staff to develop a Request for Proposals (RFP) to implement
stacked parking as a trial program at Lot R. Costs for the trial program
would be borne by the Parking Permit Program.
Curtis Williams, Director of Planning and Community Environment, added
that none of the parking garages were proposed at a height over 50 feet.
The uppermost height included the elevator shaft.
Stephanie Munoz suggested new parking structures be utilized to house
refugees from an earthquake; have street-level shop windows; and be
utilized for homeless people living in their vehicles.
Faith Bell noted the majority of parking spaces in the garages for which the
Parking Assessment District paid were utilized for permit parking. Members
of the Parking Assessment District reasonably assumed that parking
structures would be worth the financial outlay because customers would
park there. The number of spaces for customers was being eroded. Lot P,
with the alley surrounding it, was not wide enough to handle delivery trucks.
MINUTES
Page 11 of 20
Special City Council Meeting
Minutes: 5/20/13
Council Member Klein inquired about the ownership of the various parking
lots and about financing of projects.
Mr. Rodriguez reported that the Parking Assessment District was formed
such that funds generated through leases were used to repay the
construction bonds and to provide overall management of all surface lots
and garages. The ownership of the surface lots remained with the City.
Once the construction bonds were repaid, a business interest in the
partnership between the City and the Downtown Parking Committee would
ensure that the parking supply remained equitably available for businesses
and visitors.
James Keene, City Manager, requested Mr. Rodriguez identify the surface
parking lots within the Parking Assessment District.
Mr. Rodriguez stated the lot at 800 High Street was outside the Parking
Assessment District, and the Ramona/University Garage was a public-private
partnership. Every other garage and lot was owned by the City.
Mr. Keene understood that parking garage floors above the surface lot could
be owned and operated in a different fashion from the existing Parking
Assessment District.
Council Member Klein asked if the Parking Assessment District paid for the
two Alma/High lots, the Bryant Street lot, and the Cowper/Webster lot, but
not the Civic Center lot.
Mr. Rodriguez did not know.
Council Member Klein requested that information be provided at a later time.
The Ramona/University and 800 High Street lots were public-private
partnerships. He inquired whether the City had a contractual requirement to
retain the sites as parking lots, even though they were owned by the City.
Mr. Rodriguez understood the requirement was for the City to provide the
community with the same number of parking spaces if the use for the sites
changed.
Council Member Klein inquired about financing for the proposed parking
garages.
Mr. Rodriguez reported the City collected in-lieu fees from private sector
development within the Downtown core, and the Downtown In-Lieu Fee
MINUTES
Page 12 of 20
Special City Council Meeting
Minutes: 5/20/13
Fund contained approximately $2.5 million. Those funds along with local
funds could be utilized to build an additional parking structure.
Mr. Keene noted Staff discussed the possibility of a different type of revenue
stream to allow the use of Certificates of Participation (COP) or a revenue
bond for construction of parking structures. The Parking Assessment District
would not be involved in this manner of financing. He favored exploring
those kinds of options. The difficulty with utilizing the in-lieu fee program
was that the accumulation of funds lagged behind parking demand.
Council Member Klein felt merchants were reluctant to agree to further
activities through the Parking Assessment District. He asked about financing
models used by other cities.
Mr. Keene indicated some portion of the parking problem could be solved
through a new model and pricing used by other jurisdictions. Staff would
have to perform further analysis to determine whether the entire parking
problem could be handled that way. Staff planned to consider different
financing alternatives for the Council.
Council Member Klein asked when those alternatives could be presented to
the Council.
Mr. Rodriguez stated Staff could include that assessment in the final report
and present it by mid-summer.
Council Member Klein inquired whether Staff had considered alternatives for
low-income workers who could not afford permit parking.
Mr. Williams reported Staff considered pricing tiers in garages or as part of a
permit parking program. The City Attorney's Office needed to review the
matter to ensure the distinctions were legal.
Council Member Holman was interested in the criteria for choosing the five
parking lots.
Mr. Rodriguez indicated Staff recommended the five sites, because they
were located in the area where the community requested the largest amount
of parking, and because Staff felt the sites would yield the greatest amount
of parking spaces. Staff chose one site outside the Downtown area to allow
permit sales for more than just the Parking Assessment District if there was
interest in constructing a garage outside of Downtown.
MINUTES
Page 13 of 20
Special City Council Meeting
Minutes: 5/20/13
Council Member Holman felt some of the other locations could yield more
parking. The methodology addressed post-construction impacts, but not
physical compatibility. The structures appeared to be at least 50 feet tall.
Mr. Williams stated the height was generally 45 feet to the rail, with the
height to the floor itself being 41 or 42 feet. The elevator shaft would be
higher than that. If a covering was utilized, then the height would be
somewhat greater. The structure itself would not be over 50 feet.
Council Member Holman believed the scoring methodology did not consider
compatibility.
Mr. Williams agreed. There were a number of qualitative factors that needed
to be included in the study. The study was strictly an engineering analysis.
Council Member Holman did not see any rankings for garage locations that
would impact office more than retail or that would not affect retail sales and
business as much as office. She was unclear as to the factors that were or
were not considered as part of the scoring methodology.
Mr. Rodriguez stated the constructability factors were engineering focused.
Staff needed to add factors that would rank the sites differently. Staff
performed an existing conditions assessment to determine site constraints
and land uses.
Council Member Holman asked if Staff considered that construction could
impact those buildings without seismic retrofits. With regard to Lot P, she
inquired whether the additional 89 parking spaces included the spaces
reserved for the developer's use.
Mr. Williams reported the analysis was separate from the developer's
proposal. Staff would present the details of the developer's proposal in June
2013.
Council Member Holman inquired whether Staff sought more information
rather than approval of the developer's proposal.
Mr. Williams answered yes.
Council Member Holman hoped Staff would consider constructing garages
partially or completely below grade, and wanted to see uses on the sides of
the garages to improve their appearances. The logical approach to the
parking problem was to phase in a parking permit program to determine the
MINUTES
Page 14 of 20
Special City Council Meeting
Minutes: 5/20/13
parking deficit, and then attempt to change the parking intrusion into the
neighborhoods.
Mr. Williams stated the community needed additional parking supply, and
Staff wished to consider these parking structure solutions. Staff did not
expect to determine a total number of spaces needed until they matched the
parking structure study with the Development Cap Study. Performing the
study at the present time was timely. There could be an opportunity to
proceed with one or two sites knowing that additional parking supply was
needed.
Council Member Holman inquired whether the City Attorney had reviewed
the shared permit use.
Mr. Rodriguez indicated Staff was considering technology solutions that
could allow shared permits. Staff would consult with bond counsel to
determine if shared permits could be implemented along with technology
solutions within garages.
Molly Stump, City Attorney, reported the issue arose from the use of tax
exempt public bonds to build facilities. The use of tax exempt bonds
required public use of the resulting facility, and placed some limits on
allocating resources to private businesses. The City had to honor the IRS
limitations on the use of facilities built with tax exempt bonds.
Council Member Holman was not satisfied with Staff's previous responses
regarding the use of private parking garages.
Council Member Kniss inquired whether Staff had talked with other cities
about their parking solutions.
Mr. Rodriguez stated Staff discussed management of the existing permit
parking supply and technology with cities in the Bay area.
Council Member Kniss noted many cities had parking lots that indicated the
number and location of open spaces, and suggested that Staff consider the
technology for parking garages in Palo Alto.
Council Member Schmid felt the starting point was the parking deficit. Other
sites in the Downtown area should be considered, and Staff should provide a
supplemental list of other options. The Development Cap Study would
determine today's parking needs as well as thinking for the future. Inclusion
of the Urban Lane Lot opened the wider issue of parking studies for other
areas. Staff should examine alternate means for funding parking structures.
MINUTES
Page 15 of 20
Special City Council Meeting
Minutes: 5/20/13
The Council needed to know funding options before considering a public-
private partnership at Lot P.
Vice Mayor Shepherd wholeheartedly supported the trial program for
attendant parking. She asked who would be eligible for the trial program,
and why Staff chose to implement the program at Lot R.
Mr. Rodriguez chose Lot R because it was the highest demand facility in the
Downtown core. Staff proposed releasing and tracking additional permits for
Lot R until the garage was fully occupied in both regular and stacked parking
spaces. If the pilot program was not successful, then Staff would not sell
permits until the pilot program was phased out.
Vice Mayor Shepherd hoped the attendant parking would be successful and
could be extended to other garages and to short-term parking. She inquired
whether the City could apply for a One Bay Area Grant (OBAG) Program
grant for construction of the Urban Lane garage.
Mr. Rodriguez reported the City could apply for an OBAG grant in the next
cycle, which would occur in approximately 2 1/2 years. OBAG funds could
not be utilized for transit facilities.
Vice Mayor Shepherd asked if the height of parking structures could be
increased in the future if the building height limit changed.
Mr. Rodriguez indicated Staff could review that from an engineering
perspective.
Vice Mayor Shepherd inquired about the purpose of directing Staff to report
study findings to the Planning and Transportation Commission (PTC).
Mr. Williams wanted to obtain policy input from the PTC in order to include
as many factors as possible in the analysis.
Vice Mayor Shepherd asked if Staff would then consider funding strategies.
Mr. Williams stated the final report could then include some financing
mechanisms.
MOTION: Vice Mayor Shepherd moved, seconded by Council Member Kniss
to: 1) return to Council in June with a review of the proposal for a private-
public parking garage on Lot P; 2) direct Staff to report the Downtown
Parking Garage and Attendant Parking Feasibility Study findings to the
Planning and Transportation Commission for recommendations for priority
MINUTES
Page 16 of 20
Special City Council Meeting
Minutes: 5/20/13
next steps in pursuing development of other new downtown parking garage
sites; and 3) authorize staff to implement a trial attendant parking study at
Lot R – Alma Street/High Street (South) Parking Garage.
Vice Mayor Shepherd was pleased Staff was proactive and analyzed the
possibilities for parking. The parking demands of the Downtown area
dictated the consideration of parking garages.
Council Member Kniss felt the Motion did not address parking in the entire
Downtown area. She hoped Staff would return with a discussion of
permitted parking in neighborhoods.
Council Member Berman supported the attendant parking program. He
looked forward to a discussion of new parking technology. He requested
Staff consider the feasibility of below-grade parking structures. The study
was one aspect of a long-term solution to the parking problem. He wished
to have a broader discussion of parking strategies.
Mayor Scharff wished to have a broad discussion of funding sources in order
to determine funding options. He wanted to know whether a tax could be
imposed in order to issue COPs for construction of parking garages; whether
below-grade garages were feasible; and whether retail or office space or
housing within the garage could provide a revenue stream for the City. The
concept for the Urban Lane Garage was interesting.
Council Member Holman inquired whether Staff would consider below-grade
parking, and whether Staff would reevaluate the sites with a broader scoring
methodology.
Mr. Rodriguez reported Staff would review underground parking at least for
Lot P. Funds were available for an analysis of underground parking at one
other site if the Council was interested. With respect to constructability
factors, Staff would add factors related to planning interests.
Council Member Holman asked if Staff would do that work without it being
incorporated in the Motion.
Mr. Keene responded yes. Staff would exercise judgment regarding the
depth of analysis for some of the topics. He did not want to give the
impression that Staff would provide a full analysis of every possible angle;
Staff would incorporate comments as guidance for their work.
Council Member Holman requested the Mayor split the Motion, because she
would not support part 1 of the Motion.
MINUTES
Page 17 of 20
Special City Council Meeting
Minutes: 5/20/13
Mayor Scharff did not agree to split the Motion.
AMENDMENT: Council Member Schmid moved, seconded by Council
Member Holman to remove part one in the Motion, “return to Council in June
with a review of the proposal for a private-public parking garage on Lot P,”
and direct Staff to return to Council in June to review a range of financing
options for downtown parking.
Council Member Schmid heard a number of Council Members identify the
need to explore a range of financing options. Rather than returning with one
option, Staff could identify a range of financing possibilities for the Council to
explore.
Mayor Scharff inquired whether Council Member Schmid's Amendment
excluded a review of the public-private partnership for Lot P.
Council Member Schmid indicated a public-private partnership for Lot P could
be one option.
Mayor Scharff suggested a review of financing options could be added as
part 4 of the Motion.
Mr. Keene stated the proposal for Lot P needed to be assessed.
Vice Mayor Shepherd did not believe Council Member Schmid wished to
remove review of the proposal for Lot P.
Council Member Schmid felt the Council needed to review a range of
financing options as part of the parking issue.
Mayor Scharff asked if Council Member Schmid would make the review of
financing options part 4 of the Motion.
Council Member Schmid wished to substitute it for part 1 of the Motion.
Mayor Scharff inquired whether the Amendment precluded Staff from
returning with a review of the proposal for Lot P.
Council Member Schmid suggested Staff include the proposal as an example
of a financing option.
MINUTES
Page 18 of 20
Special City Council Meeting
Minutes: 5/20/13
Council Member Holman was interested in a range of financing options, but
was not interested in reviewing the proposal for Lot P. The Amendment did
not mention Lot P.
Council Member Klein did not understand why part 1 was needed in the
Motion. The developer made a proposal, and the Council was required to
consider it.
Mr. Williams agreed. Part 1 was not an appropriate part of the Motion.
Staff's intent was to discuss the proposal within the context of the overall
study. The developer was not available for the discussion; therefore Staff
scheduled the discussion for June 10, 2013.
Council Member Klein felt part 1 should be omitted as it was unnecessary.
He was interested in discussing a range of financing options; however, Staff
could not provide the information by June 2013. He suggested the Council
consider part 1 as deleted by Staff, and then consider a Motion for parts 2
and 3.
Mayor Scharff agreed with removing part 1 from the Motion as long as Staff
returned with the proposal for Lot P in June 2013.
Council Member Schmid indicated the Amendment was to expand the study
to include a range of financial options.
Council Member Scharff agreed with removing part 1 with the maker's and
seconder's approval.
Mr. Keene indicated Staff's intention was to return with the proposal for Lot
P in June 2013.
Ms. Stump reported the specific proposal for Lot P would be presented to the
Council on June 10, 2013. Staff was not in a position to fully flesh out
alternative financial options and the implications for a similarly sized garage
on Lot P by June 10, 2013.
Council Member Schmid requested Staff suggest a substitute date.
Mr. Keene stated Staff could not return with the information in June 2013.
Staff anticipated financing options would be a fundamental part of any
analysis. He would talk with Staff about the amount of time required to
compile that information.
MINUTES
Page 19 of 20
Special City Council Meeting
Minutes: 5/20/13
Vice Mayor Shepherd assumed Staff would return with scenarios for funding
after the PTC reviewed them. If the Amendment changed Staff's work, then
she would incorporate it into the Motion.
Mr. Williams did not believe the Amendment changed Staff's work. Staff
expected that the analysis would include a review of financial options and
the range of possibilities.
Vice Mayor Shepherd agreed to remove part 1 from the Motion.
Council Member Berman requested Staff provide a list of dates of when Staff
expected to present the various aspects of the parking proposals and the
broader Downtown Cap Study.
Mr. Keene would do so. He anticipated discussion at the scheduled Retreat
would include a review of action items for the three Council Priorities, which
would involve the parking issue.
Council Member Schmid requested the schedule of dates include the financial
options.
AMENDMENT WITHDRAWN BY THE MAKER AND SECONDER
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to remove item one, “return to Council in June
with a review of the proposal for a private-public parking garage on Lot P,”
from the Motion.
MOTION RESTATED: Vice Mayor Shepherd moved, seconded by Council
Member Kniss to: 1) direct Staff to report the Downtown Parking Garage
and Attendant Parking Feasibility Study findings to the Planning and
Transportation Commission for recommendations for priority next steps in
pursuing development of other new downtown parking garage sites; and 2)
authorize Staff to implement a trial attendant parking study at Lot R – Alma
Street/High Street (South) Parking Garage.
MOTION PASSED: 7-0 Burt, Price absent
COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS
City Manager, James Keene, addressing Council Member Holman’s concerns
regarding Agenda Item Number 11, said the City was well positioned to
manage the Post Office negotiations. The Manager of Real Property, Hamid
Ghaemmaghami, had a Commercial Real Estate License and had a Certified
MINUTES
Page 20 of 20
Special City Council Meeting
Minutes: 5/20/13
Commercial Investment Membership. While working as the Real Estate
Director for the City of Oakland, Mr. Ghaemmaghami had purchased over
$100 million in office and commercial space.
ADJOURNMENT: The meeting was adjourned at 10:07 P.M.