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Home My WebLink About2019-02-11 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 6 Special Meeting February 11, 2019 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:08 P.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Absent: Special Orders of the Day 1. Fire Safety Month Poster Award Recognition to Palo Alto Unified School District Students for Excellence in Art Creativity and Messaging. 2. Celebrating the City’s Achievement in Dramatically Improving Palo Alto Street Conditions. Study Session 3. Study Session Regarding the Cubberley Master Plan. Agenda Changes, Additions and Deletions Council will hear City Manager Comments after the Consent Calendar. Minutes Approval 4. Approval of Action Minutes for the January 28, 2019 Council Meeting. MOTION: Vice Mayor Fine moved, seconded by Council Member DuBois to approve the Action Minutes for the January 28, 2019 Council Meeting. MOTION PASSED: 7-0 Consent Calendar Council Member Kniss registered a no vote on Agenda Item Number 5- Appointment of the 2019 Emergency Standby Council. MOTION: Vice Mayor Fine moved, seconded by Council Member Kniss to approve Agenda Item Numbers 5-8. 5. Appointment of the 2019 Emergency Standby Council. ACTION MINUTES Page 2 of 6 City Council Meeting Action Minutes: 02/08/2019 6. Authorize the City Manager to Execute Agreements for Additional Severance Payment to Employees Impacted by Service Delivery Changes at the Palo Alto Animal Shelter. 7. Adoption of an Amended Salary Schedule for the 2016-2019 Management and Professional Employees Compensation Plan to Increase the Salary Range to $136,593-$204,880 for the Chief Transportation Official Position. 8. Approval of the Appointment of Jonathan Lait as the Planning and Community Environment Director and Approval of an Employment Agreement. MOTION FOR AGENDA ITEM NUMBER 5 PASSED: 5-2 Kniss, Tanaka no MOTION FOR AGENDA ITEM NUMBERS 6-8 PASSED: 6-1 Tanaka no Action Items 9. PUBLIC HEARING / QUASI-JUDICIAL, 375 Hamilton Avenue, Downtown Garage [17PLN-00360]: (1) Resolution 9818 Entitled, “Resolution of the Council of the City of Palo Alto Certifying the Final Environmental Impact Report, Adopting Findings, and a Mitigation Monitoring and Reporting Program Pursuant to the California Environmental Quality Act (CEQA) for the Project;” (2) Approval of a Record of Land Use Action Approving Architectural Review Application [File 17PLN-00360] for a new Five-story, Nearly 50-foot Tall Parking Structure With Height Exceptions for Elevator and Photovoltaic Structures, With one Below Grade Parking Level Providing 324 Public Parking Spaces and Retail Space on the City's Surface Parking lot Zoned Public Facilities; and (3) Approval of Contract Amendment Number 1 to Contract Number C17166279 With Watry Design, Inc. in the Amount of $352,977 and Authorization for the City Manager or his Designee to Execute the Contract. Public Hearing opened at 7:29 P.M. Public Hearing closed at 7:51 P.M. MOTION: Council Member DuBois moved, seconded by Council Member XX to: A. Adopt a Resolution certifying the Downtown Garage Project Final Environmental Impact Report (EIR) and making required findings under the California Environmental Quality Act (CEQA), including ACTION MINUTES Page 3 of 6 City Council Meeting Action Minutes: 02/08/2019 findings related to environmental impacts, mitigation measures and alternatives, and adopting a Mitigation Monitoring and Reporting Program (MMRP); B. Approve a Record of Land Use Action approving Architectural Review Application [File 17PLN-00360] for a new five-level parking structure, with one below-grade parking level, providing 324 public parking spaces and 2,026 square feet of ground floor retail space on the City's surface parking lot zoned Public Facilities, as recommended by the Architectural Review Board (ARB); and C. Approve and authorize the City Manager or his designee to execute Amendment Number. 1 to Contract C17166279 with Watry Design, Inc. for basic design services including $352,977 and $35,298 for additional services for the New Downtown Parking Garage capital project (PE15007). This amendment results in a revised total contract amount of $2,287,866. MOTION FAILED DUE TO THE LACK OF A SECOND MOTION: Vice Mayor Fine moved, seconded by Council Member Kniss to: A. Adopt a Resolution certifying the Downtown Garage Project Final Environmental Impact Report (EIR) and making required findings under the California Environmental Quality Act (CEQA), including findings related to environmental impacts, mitigation measures and alternatives, and adopting a Mitigation Monitoring and Reporting Program (MMRP); B. Approve a Record of Land Use Action approving Architectural Review Application [File 17PLN-00360] for a new five-level parking structure, with one below-grade parking level, providing 324 public parking spaces and 2,026 square feet of ground floor retail space on the City's surface parking lot zoned Public Facilities, as recommended by the Architectural Review Board (ARB), for a three year period; and C. Direct Staff to return to the Policy and Services Committee with a parking management strategy and options to address Downtown parking needs. AMENDMENT: Council Member DuBois moved, seconded by Council Member XX to add to the Motion Part C, “returning to Council before Summer Break with a proposal on the design contract.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND ACTION MINUTES Page 4 of 6 City Council Meeting Action Minutes: 02/08/2019 AMENDMENT: Council Member DuBois moved, seconded by Council Member Tanaka to add to the Motion Part C, “returning to Council prior to the Council Summer Break.” AMENDMENT FAILED: 3-4 DuBois, Kou, Tanaka yes MOTION PASSED: 7-0 Council took a break from 8:52 P.M. to 9:05 P.M. 10. PUBLIC HEARING: Adoption of an Ordinance Amending Chapter 18.18 (Downtown Commercial District) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Repeal Section 18.18.040 Regarding a Non-residential Square Footage Cap in the (CD) Downtown Commercial Zoning District to Implement and Conform to the Updated Comprehensive Plan; and Section 18.18.040 Implemented Policy L-8 of the Prior 1998 Comprehensive Plan, Which was Removed as Part of the Adoption of the Comprehensive Plan Update. California Environmental Quality Act (CEQA): This Ordinance is Within the Scope of the Comprehensive Plan Environmental Impact Report (EIR) Certified and Adopted on November 13, 2017 by Council Resolution Number 9720 (Continued From December 3, 2018). Public Hearing opened at 9:15 P.M. Public Hearing closed at 9:56 P.M. MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to: A. Find the Ordinance within the scope of the Comprehensive Plan Environmental Impact Report (EIR) certified and adopted on November 13, 2017 by Council Resolution Number 9720; and B. Adopt an Ordinance implementing City Council direction from January 30, 2017 to repeal Palo Alto Municipal Code (PAMC) Section 18.18.040 regarding a non-residential floor area restriction in the CD Downtown Commercial Zoning District. SUBSTITUTE MOTION: Council Member Kou moved, seconded by Council Member XX to retain the Downtown Cap and the moratorium and during the moratorium, direct Staff to return with an update to Phase I and complete the Phase II study. SUBSTITUTE MOTION FAILED DUE TO THE LACK OF A SECOND ACTION MINUTES Page 5 of 6 City Council Meeting Action Minutes: 02/08/2019 SUBSTITUTE MOTION: Mayor Filseth moved, seconded by Council Member DuBois to: A. Find the Ordinance within the scope of the Comprehensive Plan Environmental Impact Report (EIR) certified and adopted on November 13, 2017 by Council Resolution No. 9720; B. Retain the restriction on nonresidential floor area in the CD Downtown Commercial Zoning District, found in PAMC Section 18.18.040, but exempt net new retail uses, and modify Section 18.18.040 to retain all other sections in Chapter 18.18 once the 350,000 square foot nonresidential cap is reached; and C. Direct Staff to complete the Phase II policy analysis and return to Council for discussion and potential further direction. SUBSTITUTE MOTION FAILED: 3-4 DuBois, Filseth, Kou yes INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return with a Phase II study on net new office floor area, including square footage per office staff.” (New Part C) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part C, “and draft policy recommendations to encourage housing production Downtown including possible restrictions to office space Downtown if needed.” MOTION AS AMENDED RESTATED: Council Member Kniss moved, seconded by Vice Mayor Fine to: A. Find the Ordinance within the scope of the Comprehensive Plan Environmental Impact Report (EIR) certified and adopted on November 13, 2017 by Council Resolution No. 9720; B. Adopt an Ordinance implementing City Council direction from January 30, 2017 to repeal Palo Alto Municipal Code (PAMC) Section 18.18.040 regarding a non-residential floor area restriction in the CD Downtown Commercial Zoning District; and C. Direct Staff to return with a Phase II study on net new office floor area, including square footage per office staff and draft policy recommendations to encourage housing production Downtown including possible restrictions to office space Downtown if needed. ACTION MINUTES Page 6 of 6 City Council Meeting Action Minutes: 02/08/2019 MOTION AS AMENDED PASSED: 4-3 DuBois, Filseth, Kou no State/Federal Legislation Update/Action None. Adjournment: The meeting was adjourned at 10:47 P.M.