HomeMy WebLinkAbout2019-04-22 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL
FINAL ACTION MINUTES
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Special Meeting
April 22, 2019
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:01 P.M.
Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka
Absent:
Closed Session
1. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION
Santa Clara County Superior Court, Case No. 16CV300760
(One Case, as Defendant) –Miriam Green v. City of Palo Alto
Authority: Government Code Section 54956.9(d)(1).
MOTION: Council Member Cormack moved, seconded by Vice Mayor Fine
to go into Closed Session.
MOTION PASSED: 6-0 Kniss absent
Council went into Closed Session at 5:02 P.M.
Council returned from Closed Session at 6:00 P.M.
Mayor Filseth announced no reportable action.
Special Orders of the Day
2. Resolution 9826 Entitled “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Stacey Henderson Upon her
Retirement.”
MOTION: Council Member Kniss moved, seconded by Council Member
Cormack to approve a Resolution expressing appreciation to Stacey
Henderson upon her retirement.
MOTION PASSED: 7-0
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Study Session
3. Presentation of the City Manager's Proposed Fiscal Year (FY) 2019/20
Budget
NO ACTION TAKEN
Agenda Changes, Additions and Deletions
MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to
move “State/Federal Legislation Update/Action” forward, to be heard at this
time.
MOTION PASSED: 7-0
State/Federal Legislation Update/Action
NO ACTION TAKEN
Minutes Approval
4. Approval of Action Minutes for the April 8, 2019 Council Meeting.
MOTION: Vice Mayor Fine moved, seconded by Mayor Filseth to approve
the Action Minutes for the April 8, 2019 Council Meeting.
MOTION PASSED: 7-0
Consent Calendar
Council Member Kou registered a no vote on Agenda Item Number 11.
MOTION: Council Member Kniss moved, seconded by Mayor Filseth to
approve Agenda Item Numbers 5-11.
5. Resolution 9827 Entitled, “Resolution of the Council of the City of Palo
Alto Amending the City of Palo Alto's Deferred Compensation Plan for
Regular Employees, and Incorporating an Employer Contribution
Provision and Loan Provision by Adoption of the Amended Deferred
Compensation Plan and Trust Document.”
6. Approval of Amendment Number 3 to Contract Number C16158064
With BKF Engineers to Extend the Term to June 30, 2019 and Increase
Compensation by $44,885 for a Maximum Not-to-Exceed Amount of
$583,432 for Additional Design Services Related to the Embarcadero
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Road at El Camino Real Intersection Improvements Project (PL-
15001).
7. Approval of Amendment Number 2 to Contract Number S17167994
With MuniServices, LLC for Sales Tax Consulting Services to Increase
the Amount by $40,000 for a new Not-to-Exceed Amount of $125,000
and to Extend the Term Through August 31, 2019.
8. Adoption of a Memorandum of Agreement Between the City of Palo
Alto and Service Employees International Union (SEIU) Local 521.
9. Finance Committee Recommends the City Council Approve the 2019
Workplan to Address the City Council Priority, “Fiscal Sustainability”;
and Review an Update Regarding the Fiscal Year (FY) 2019 Adopted
Budget Referral to Identify $4 Million in General Fund Savings.
10. Ordinance 5461 Entitled “Ordinance of the Council of the City of Palo
Alto Amending the Setback Map of the City of Palo Alto to Eliminate
the 50-foot Special Setback Along Hansen Way for 3200 El Camino
Real.” (FIRST READING: April 1, 2019 PASSED: 7-0).”
11. Ordinance 5462 Entitled “Ordinance of the Council of the City of Palo
Alto Amending Section 18.18.120 (Grandfathered Uses and Facilities)
of the Palo Alto Municipal Code to Adjust Regulations Pertaining to
Noncomplying Facilities. 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 No. 9720; the Ordinance is
Also Exempt From Environmental Review Under CEQA Guidelines
Sections 15061(b)(3) and 15305.” (FIRST READING: April 1, 2019
PASSED: 6-1 Kou no).”
MOTION PASSED FOR AGENDA ITEM NUMBERS 5-10: 7-0
MOTION PASSED FOR AGENDA ITEM NUMBER 11: 6-1 Kou no
Council took at break at 7:22 P.M. and returned at 7:33 P.M.
Action Items
12. PUBLIC HEARING: Adoption of an Ordinance Amending Title 16 of the
Palo Alto Municipal Code to Modify and Increase the Citywide
Transportation Impact Fee (Chapter 16.59) and Suspend Application of the Existing Area-specific Transportation Impact Fees for the Stanford
Research Park/El Camino Real CS Zone (Chapter 16.45) and the San
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Antonio/West Bayshore Area (Chapter 16.46), and Amending the
Municipal Fee Schedule to Update the City’s Transportation Impact
Fees in Accordance With These Changes, all in Furtherance of
Implementation of the Comprehensive Plan. The Citywide
Transportation Impact Fee is a One-time fee on new Development and
Redevelopment Throughout Palo Alto to Fund Transportation
Improvements to Accommodate and Mitigate the Impacts of Future
Development in the City. This Ordinance is Within the Scope of the
Comprehensive Plan Environmental Impact Report (EIR) Certified and
Adopted on November 13, 2017 by Council Resolution No. 9720.
Public Hearing opened and closed without public comment at 7:42 P.M.
MOTION: Council Member DuBois moved, seconded by Council Member Kou
to:
A. Find the Ordinance to be within the scope of the Comprehensive Plan Environmental Impact Report (EIR) certified and adopted on November
13, 2017 by Council Resolution Number 9720;
B. Accept the Transportation Impact Fee (TIF) Nexus Study and adopt the
Ordinance modifying and increasing the Citywide Transportation
Impact Fee, clarifying the updated TIF exemptions, suspending
collection of two area-specific transportation impact fees, and
amending the Fiscal Year 2019 Municipal Fee Schedule; and
C. Direct Staff to evaluate changing the metric for the fee assessment to
be charged based on square footage, add back exemption for City and
Public buildings, and bring this back to Council.
SUBSTITUTE MOTION: Vice Mayor Fine moved, seconded by Council
Member Kniss to:
A. Find the Ordinance to be within the scope of the Comprehensive Plan
Environmental Impact Report (EIR) certified and adopted on November
13, 2017 by Council Resolution Number 9720;
B. Accept the Transportation Impact Fee (TIF) Nexus Study and adopt the
Ordinance modifying and increasing the Citywide Transportation
Impact Fee, clarifying the updated TIF exemptions, including the
addition of an exemption for public buildings, suspending collection of two area-specific transportation impact fees, and amending the Fiscal
Year 2019 Municipal Fee Schedule.
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INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Motion, Part B.
“…schools and all ADUs…”
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Amend
the Ordinance Section 16.59.020 (h) to state ‘…gross floor area, or involves
a change in use that requires a Use and Occupancy Permit.’”
SUBSTITUTE MOTION AS AMENDED: Vice Mayor Fine moved, seconded by
Council Member Kniss to:
A. Find the Ordinance to be within the scope of the Comprehensive Plan
Environmental Impact Report (EIR) certified and adopted on November
13, 2017 by Council Resolution Number 9720;
B. Accept the Transportation Impact Fee (TIF) Nexus Study and adopt the
Ordinance modifying and increasing the Citywide Transportation Impact Fee, clarifying the updated TIF exemptions, including the
addition of an exemption for public buildings, schools and all ADUs,
suspending collection of two area-specific transportation impact fees,
and amending the Fiscal Year 2019 Municipal Fee Schedule; and
C. Amend the Ordinance Section 16.59.020 (h) to state “…gross floor
area, or involves a change in use that requires a Use and Occupancy
Permit.”
SUBSTITUTE MOTION AS AMENDED PASSED: 5-2 DuBois, Kou no
13. Approval of a Workplan for Potential Revenue Generating Proposals,
Including Consideration of a Ballot Measure, in Support of the 2019
Fiscal Sustainability Council Priority.
MOTION: Mayor Filseth moved, seconded by Vice Mayor Fine to approve the
draft workplan for addressing elements M and N of the 2019 Fiscal
Sustainability Workplan.
AMENDMENT: Council Member Tanaka moved, seconded by Council
Member XX to add to the Motion “The money from the business tax would go
to solving transportation and parking issues.”
AMENDMENT FAILED DUE TO THE LACK OF A SECOND
AMENDMENT: Council Member Tanaka moved, seconded by Council Member XX to add to the Motion “Create a stakeholder group to be made up
of primarily business owners.”
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AMENDMENT FAILED DUE TO THE LACK OF A SECOND
MOTION PASSED: 6-1 Tanaka no
Council took a break at 9:35 P.M. and returned at 9:44 P.M.
14. Connecting Palo Alto Work Plan for Selection of Preferred Solutions to
Rail Grade Separation Needs: Approval of Structure and Membership
of an Expanded Community Working Group, Work Plan, and Revisions
to Alternatives for Further Study; and Direction to Staff to Return to
Council With Associated AECOM Contract Amendment.
Mayor Filseth advised he will not participate in this Agenda Item because he
lives within 500 feet of the Caltrain right of way. He left the meeting at 9:35
P.M.
Council Member Kniss advised she will not participate in this Agenda Item
because she has a real property interest within 500 feet of Caltrain right of
way. She left the meeting at 9:35 P.M.
MOTION: Vice Mayor Fine moved, seconded by Council Member Cormack
to:
A. Approve the Rail Grade Separation Work Plan as a follow up to the
March 18th Committee of the Whole recommendation including a
timeline and process by which the City Council would select a preferred
solution to begin environmental review;
B. Approve Alternatives to be studied by the Community Working Group;
and
C. Direct Staff to return to Council with an amendment to contract
C18171057 with AECOM to reflect scope changes and extension to
October 2019 for Council selection of a preferred solution.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKOR AND SECONDER to add to the Motion:
A. Add more check-ins with Council. Redefine the Working Group (WG)
meetings to cover more ground;
B. Alternatives:
i. Allow the WG to brainstorm some alternatives such as
Embarcadero, Palo Alto Avenue, Meadow and Charleston;
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ii. Remove city-wide tunnel;
iii. Minimize viaducts/elevated trains located behind people’s
homes; and
iv. Consider the trench alternative minimizes construction impacts
MOTION AS AMENDED RESTATED: Vice Mayor Fine moved, seconded by
Council Member Cormack to:
A. Approve the Rail Grade Separation Work Plan as a follow up to the
March 18th Committee of the Whole recommendation including a
timeline and process by which the City Council would select a preferred
solution to begin environmental review;
B. Add more check-ins with Council. Redefine the Working Group (WG)
meetings to cover more ground;
C. Approve Alternatives to be studied by the Community Working Group
including:
i. Allow the WG to brainstorm some alternatives such as
Embarcadero, Palo Alto Avenue, Meadow and Charleston;
ii. Remove city-wide tunnel;
iii. Minimize viaducts/elevated trains located behind people’s
homes; and
iv. Consider the trench alternative minimizes construction impacts
D. Direct Staff to return to Council with an amendment to contract
C18171057 with AECOM to reflect scope changes and extension to
October 2019 for Council selection of a preferred solution.
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to delete Part C. iii. from the Motion.
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to remove from the Motion Part C. i. “Palo Alto
Avenue.”
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to remove from the Motion Part C. “…by the
Community Working Group…”
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AMENDMENT: Council Member Tanaka moved, seconded by Council
Member Kou to remove Part C. ii. from the Motion.
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to minimize viaducts/elevated trains located
behind people’s homes.
AMENDMENT WITHDRAWN BY THE MAKER
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to remove from the Motion Part C. ii and add to
the Motion “Direct Staff to return to Council with an update on the city-wide
tunnel.”
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER to amend the Motion Part C. ii. to change the
word “consider” to “ensure.”
MOTION AS AMENDED: Vice Mayor Fine moved, seconded by Council Member Cormack to:
A. Approve the Rail Grade Separation Work Plan as a follow up to the
March 18th Committee of the Whole recommendation including a
timeline and process by which the City Council would select a preferred
solution to begin environmental review;
B. Add more check-ins with Council. Redefine the Community Working
Group (WG) meetings to cover more ground;
C. Approve Additional Alternatives to be studied including:
i. Allow WG to brainstorm some alternatives such as Embarcadero,
Meadow and Charleston;
ii. Ensure the trench alternative minimizes construction impacts;
D. Direct Staff to return to Council with an amendment to contract
C18171057 with AECOM to reflect scope changes and extension to
October 2019 for Council selection of a preferred solution; and
E. Direct Staff to return to Council with an update on the citywide tunnel.
MOTION PASSED: 5-0 Filseth, Kniss recused
Adjournment: The meeting was adjourned at 11:51 P.M.
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