HomeMy WebLinkAbout2013-09-09 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL
ACTION MINUTES
Page 1 of 7
Special Meeting
September 9, 2013
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:35 P.M.
Present: Burt, Holman, Klein, Price arrived at 5:40 P.M., Scharff, Schmid,
Shepherd
Absent: Berman, Kniss
CLOSED SESSION
1. CONFERENCE WITH CITY ATTORNEY/LEGAL COUNSEL
Potential Litigation – One Matter
Subject: Construction of the Mitchell Park Library and Community
Center
Authority: Government Code Section 54956.9
2. CONFERENCE WITH CITY ATTORNEY-Potential Litigation (1 Case)
Relating to State Water Project Property Tax Levy
Govt Code Section Section 54956.9(d)(4)
The City Council adjourned from Closed Session at 7:00 P.M. and Mayor
Scharff announced there was no reportable action.
SPECIAL ORDERS OF THE DAY
3. Proclamation Expressing Appreciation for the Volunteer Efforts of
Manao and Peter Keegan in Establishing a Student Exchange To
Yangpu District, Shanghai, China.
MINUTES APPROVAL
MOTION: Council Member Klein moved, seconded by Council Member Price
to approve the minutes of August 5 and August 8, 2013.
MOTION PASSED: 7-0 Berman, Kniss Absent
ACTION MINUTES
Page 2 of 7
City Council Meeting
FINAL ACTION MINUTES: 9/9/13
CONSENT CALENDAR
Staff recommended that Agenda Item Number 14 be continued to
September 16, 2013.
MOTION: Mayor Scharff moved, seconded by Council Members Burt and
Klein to move Agenda Item Number 7 from the Consent Calendar to a date
uncertain.
MOTION: Council Member Klein moved, seconded by Vice Mayor Shepherd
to approve Agenda Item Numbers 4-6 and 8-13.
Council Member Holman registered a no vote on Agenda Item Number 10.
4. Approval of Three Contracts with: 1) Navigant Consulting Inc. for
Electric Regulatory and Technical Consulting Services for a Total
Amount Not to Exceed $117,500 Over Three Years; 2) Flynn Resources
Consulting Inc. for Electric Regulatory and Technical Consulting
Services for a Total Amount Not to Exceed $225,000 Over Three
Years; and 3) Navigant Consulting Inc. for Gas Regulatory and
Technical Consulting Services for a Total Amount Not to Exceed
$225,000 Over Three Years.
5. Approval to Increase the Existing Sole Source Purchase Authority with
National Meter and Automation, Inc. in the Amount of $150,000 a Year
for Two Years for a Total Not to Exceed Amount of $900,000 to
Purchase Additional Meters for the Large Water Meter
Replacement/Repair Project.
6. Approval to Utilize the Renewal of The Western State Contracting
Alliance (WSCA) Contract for Wireless and Cellular Services with
Verizon Wireless.
7. Council Review of an Appeal of the Director's Architectural Review
Approval of a 15,000 square foot, Four-story, 50 foot, Mixed Use
Building in the CD-C-GF-P Zone District located at 240 Hamilton
Avenue and a Mitigated Negative Declaration.
8. Ordinance 5207 entitled “Ordinance of the Council of the City of Palo
Alto Amending Chapter 9.14 (Smoking And Tobacco Regulations) of
the Palo Alto Municipal Code to Establish New Smoking Restrictions for
All Parks; Increase No-Smoking Buffer Zones from 20 to 25 feet for
Consistency with LEED Standards; and Make Findings Regarding the
ACTION MINUTES
Page 3 of 7
City Council Meeting
FINAL ACTION MINUTES: 9/9/13
Purpose of No-Smoking Regulations (1st Reading August 12, 2013
PASSED: 8-1 Burt no)”.
9. Ordinance 5208 entitled “Ordinance of the Council of the City of Palo
Alto Revising the Municipal Code Pertaining to Boards and
Commissions Recruitment Process (1st Reading August 12, 2013
PASSED: 9-0)”.
10. Ordinance 5209 entitled “Ordinance of the Council of the City of Palo
Alto amending the PAMC to add section 9.61.020 to establish
Community Facilities Hours, including Cubberley, Stern and Mitchell
Community Centers (1st Reading August 19, 2013 PASSED: 7-1
Berman absent, Holman no)”.
11. Vote to Endorse the Slate of Candidates for the Division’s Executive
Committee for 2013-14 and Direct the City Clerk to Forward to Jessica
Stanfill Mullin, the Regional Public Affairs Manager for the Peninsula
Division, League of California Cities the Completed Ballot for the City
of Palo Alto.
12. Budget Amendment Ordinance 5210 entitled “Ordinance of the Council
of the City of Palo Alto in the Amount of $585,000 to Fund the
November 2013 Election Costs for Measure D”.
13. Approval of Walk and Roll to School Maps for the Safe Routes to
School Program for Public Schools.
14. Approval of Utilities Enterprise Fund Construction Contract No.
C14141174 with DN Tanks, Inc. In a Not to Exceed Amount of
$340,000 for Repairs at Mayfield Reservoir.
MOTION PASSED to approve Agenda Item Numbers 4-6 and 8, 9, 11-
13 PASSED: 7-0 Berman, Kniss absent
MOTION PASSED to approve Agenda Item Number 10 PASSED: 6-1
Holman no, Berman, Kniss absent
ACTION ITEMS
15. Policy and Services Committee Recommends Approval of the Allocation
of the Stanford University Medical Center Funds.
MOTION: Council Member Price moved, seconded by Council Member
Holman to approve the Policy and Services Committee recommendations:
ACTION MINUTES
Page 4 of 7
City Council Meeting
FINAL ACTION MINUTES: 9/9/13
1) Once the City Council is in receipt of the Infrastructure Committee report,
the Council will develop a ranked master list of projects to use for the
Stanford University Medical Center funds (excluding the Community Health
and Safety Category), and each year thereafter as part of the budget
process; the Finance Committee and Council shall review the status of
Stanford University Medical Center funds and projects on the master list for
possible revision, until such time that the funds are exhausted, and 2) in a
parallel process, the Policy and Services Committee will review the allocation
of restricted funds under the category of Community Health and Safety of
the Stanford University Medical Center funds and make recommendations to
the Council until such time that the funds are exhausted.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND THE SECONDER TO delete “use for” and add “guide the
allocation of the use of”
MOTION PASSED: 7-0 Berman, Kniss absent
16. Adoption of a Resolution of the Council of the City of Palo Alto
Renaming the Main Library as the Rinconada Library.
MOTION: Vice Mayor Shepherd moved, seconded by Council Member
Schmid to approve the recommendation of the Library Advisory Commission
and approve the Resolution to change the name of the Main Library to
“Rinconada Library” as recommended by the Library Advisory Commission
and supported by the Palo Alto Historical Association.
SUBSTITUTE MOTION: Council Member Klein moved, seconded by Council
Member Price to refer this item to the Policy and Services Committee with
directions that they work with Palo Alto Historical Association to bring a
recommendation to the City Council to rename the Main Library for a
deceased, distinguished Palo Altan.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to include that the Policy and
Services Committee can recommend the continued use of the name Main
Library if an appropriate individual cannot be determined.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to remove the words
“deceased, distinguished Palo Altan.” and add “distinguished person in Palo
Alto history.”
ACTION MINUTES
Page 5 of 7
City Council Meeting
FINAL ACTION MINUTES: 9/9/13
SUBSTITUTE MOTION PASSED: 4-3 Scharff, Schmid, Shepherd no,
Berman, Kniss Absent
17. Finance Committee Recommendation that the City Council Adopt a
Resolution 9372 entitled “Resolution of the Council of the City of Palo
Alto Suspending PaloAltoGreen's Full Needs Program for All Electric
Customers and Reducing PaloAltoGreen's Commercial Electric Block
Rate by Repealing Rate Schedule E-1-G and Amending Rate Schedules
E-2-G, E-4-G, E-7-G and E-18-G, and Directing Staff to Develop a
PaloAltoGreen Gas Program and a Plan for Accumulated PaloAltoGreen
Revenues”.
MOTION: Council Member Burt moved, seconded by Council Member
Schmid to: 1) Approve the attached Resolution suspending the
PaloAltoGreen Full Needs Program for all electric customers and reducing
rates for PaloAltoGreen’s Commercial Customer Block Program to $2 per
1,000 kWh block, or 0.2 cents per kilowatt-hour (cent/kWh), 2) direct Staff
to develop a PaloAltoGreen Gas Program to provide an opportunity for
participants to reduce or eliminate greenhouse gas emissions related to their
natural gas usage, to be implemented by July 2014, and 3) Direct Staff to
return with a recommendation on how to allocate accumulated revenues, if
any, associated with the PaloAltoGreen program by June 2014.
MOTION PASSED: 7-0 Berman, Kniss absent
18. Approval of City Positions for the 2013 League of California Cities
Resolutions.
MOTION: Council Member Holman moved, seconded by Council Member
Price to approve Staff recommendation that the Council authorize the City’s
voting delegate to vote on the two (2) resolutions to be considered at the
Annual League of California Cities (LOCC) Conference to be held in
Sacramento, September 18-20, 2013 and approve the general guidance as
provided: 1) Resolution calling upon the Governor and the Legislature to
work with the League of California Cities in providing adequate funding to
prioritize water bonds to assist local government in water conservation,
groundwater recharge and reuse of stormwater and urban runoff programs
(Support), and 2) Resolution calling upon the Governor and Legislature to
enter into discussions with the League and California Police Chiefs’
Association representatives to identify and enact strategies that will ensure
the success of public safety realignment from a local municipal law
enforcement perspective (Support).
MOTION PASSED: 7-0 Berman, Kniss absent
ACTION MINUTES
Page 6 of 7
City Council Meeting
FINAL ACTION MINUTES: 9/9/13
COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS
Council Member Price said she participated in the launch of the Bike Share
Program on August 29, 2013. The City Manager’s Office was working on
how to fill the vacant Project Safety Net Manager position. The Ojakians
received the Jefferson Award for their work with suicide prevention and
mental health advocacy.
Council Member Burt requested two items for future Council Meetings: 1)
Consideration of discontinuation of the Transfer Development Rights (TDR)
of downtown, and 2) a need to review with the Architectural Review Board
the role of the downtown urban guidelines.
Mayor Scharff said that the first item, regarding the TDR, was already being
worked on by Staff.
Council Member Burt asked what the expected timeframe was for Staff to
bring the item to Council.
James Keene, City Manager, said it would be within the next couple of
months.
Council Member Burt said that if it was part of comprehensive program that
would take longer because of other components, he would like to have this
piece move forward more quickly to avoid a compounded problem.
Mayor Scharff said it was coming back within 45 days.
Molly Stump, City Attorney said it was not being delayed due to being part of
a comprehensive program.
Council Member Burt said that 45 days was reasonable. His concern was
founded by the ARB finding that the guidelines were irrelevant to Agenda
Item Number Seven. He reformed his request to indicate that Council
should agendize a review of the downtown urban guidelines and give
direction to ARB on their future use.
MOTION: Council Member Burt moved, seconded by Council Member Price
to agendize for a future City Council meeting the consideration of Transfer
Development Rights in downtown and to review with Architectural Review
Board (ARB) the role of the downtown urban guidelines and provide direction
to the ARB on their future.
ACTION MINUTES
Page 7 of 7
City Council Meeting
FINAL ACTION MINUTES: 9/9/13
Council Member Holman asked that Staff bring to Council a review of the
findings that are required of the Architectural Review Board and a standard
for compatibility.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER for Staff to bring to Council a review of the
findings that are required of the Architectural Review Board and a standard
for compatibility.
Council Member Schmid asked if the report Staff was working on would
include the comprehensive downtown parking study.
Ms. Stump said no. This report would come in advance of that and would,
on an interim basis, suspend the use of certain parking exceptions pending a
larger conversation by Council.
NO VOTE REQUIRED
ADJOURNMENT: The meeting was adjourned at 9:52 P.M.