HomeMy WebLinkAbout2011-10-03 City Council Action Minutes
10/03/2011
ACTION MINUTES
Special Meeting
October 03, 2011
The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 5:05 P.M.
Present: Burt, Espinosa, Holman, Klein, Scharff, Schmid, Shepherd,
Absent: Price, Yeh
CLOSED SESSION
1. CONFERENCE WITH CITY ATTORNEY- EXISITNG LITIGATION
Subject: Citizens for Upholding Zoning Regulations v. City of Palo Alto
Santa Clara County Superior Court Case No. 1-07-CV-07836
Authority: Government Code section 54956.9(a)
The City Council reconvened from the Closed Session at 6:10 p.m. and
Mayor Espinosa advised no reportable action.
STUDY SESSION
2. Potential Topics of Discussion for the Joint Study Session Special Meeting
With the Historic Resources Board.
The discussion included an overview of the role of the Historic Resources
Board; highlights of successfully completed projects reviewed by the Historic
Resources Board; a progress report of the development of the Professorville
Design Guidelines, and items of future Historic Resources Board focus,
including incentives for historic preservation, streamlining the historic review
process and compatible design for historic structures. The Council
encouraged the completion of the Professorville Design Guidelines in order to
provide more certainty to homeowners, an update to the Historic Resources
Board website to provide more relevant information, early review of projects
by the Historic Resources Board to provide guidance on development
projects, and educational opportunities for Council Members, including topics
on incentives, the Secretary Standards, and sustainability as it relates to
historic preservation.
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3. Study Session and Presentation from Valley Transportation Authority
(VTA) Staff Regarding the Proposed One Bay Area Grant Program.
The Santa Clara Valley Transportation Authority (VTA) provided an update
on Metropolitan Transportation Commission (MTC) plans to implement a new
One Bay Area Grant (OBAG) program for the region. OBAG would distribute
more funds directly to the local congestion management agencies for each
county but propose restrictions on a portion of those funds to housing
elements and areas surrounding future housing growth areas. The VTA
serves as the local congestion management agency for Santa Clara County.
VTA noted their support for OBAG as it would provide an additional $54M in
funds to the county but did have concerns regarding restrictions on the use
of funds to housing elements and programs. Comment letters to MTC on the
program are due in November so that they can be taken into consideration
by MTC in December.
SPECIAL ORDERS OF THE DAY
4. Community Partnership Presentation by the Palo Alto Menlo Park Parents
Club.
5. Selection of Candidates to be Interviewed for the Parks and Recreation
Commission for Three Terms Ending on December 31, 2014.
MOTION: Council Member Klein moved, seconded by Council Member
Holman to interview all candidates for the Parks and Recreation Commission
for three terms ending on December 31, 2014.
MOTION PASSED: 7-0 Price, Yeh absent
6. Selection of Candidates to be Interviewed for the Storm Drain Oversight
Committee for Two Terms Ending on December 31, 2015.
MOTION: Council Member Klein moved, seconded by Council Member
Shepherd to instruct the City Clerk to return on October 17, 2011 with a
recommendation for Council to appoint the two incumbent applicants to
serve on the Storm Drain Oversight Committee for two terms ending on
December 31, 2015.
AMENDMENT: Council Member Schmid moved, seconded by Council
Member XXX for the City Council to meet with each incumbent to discuss
their experience prior to reappointing them.
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AMENDMENT FAILED DUE TO LACK OF A SECOND
MOTION PASSED: 7-0 Price, Yeh absent
7. Selection of Candidates to be Interviewed for the Public Art Commission
for One Unexpired Term Ending April 30, 2012.
MOTION: Council Member Holman moved, seconded by Council Member
Scharff to interview all candidates for the Public Art Commission for one
unexpired term ending April 30, 2012.
MOTION PASSED: 7-0 Price, Yeh absent
APPROVAL OF MINUTES
8. Council Meetings of July 25, 2011, August 1, 2011, September 6, 2011
MOTION: Council Member Shepherd moved, seconded by Council Member
Schmid to approve the minutes of July 25, 2011, August 1, 2011, and
September 6, 2011.
MOTION PASSED: 7-0 Price, Yeh absent
CONSENT CALENDAR
MOTION: Council Member Schmid moved, seconded by Council Member
Scharff to pull Agenda Item No. 11, to become Agenda Item No. 12a.
MOTION: Council Member Klein moved, seconded by Council Member
Scharff to approve Agenda Item Nos. 9, 10, and 12.
9. Budget Amendment Ordinance 5130 in the amount of $205,400 to
Capital Improvement Program Project PE-00104 and Approval of
Contract with Del Conte's Landscaping, Inc. in the total amount of
$754,977 for San Antonio Landscaping Improvement Project – Phase II.
10. Transmittal of Final Energy/Compost Feasibility Study and
Recommendation to Return to Council with Further
Recommendations in November, 2011.
11. Approval of a Amendment No. 1 to Contract C11136602 with Alternative
Resources, Inc. in the amount of $17,500 for a Total Not to Exceed
Amount of $215,258 for the Energy/Compost Feasibility Study.
12. Approval of Annual Report of Williamson Act Contracts Within the City of
Palo Alto.
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MOTION PASSED for 9, 10, and 12: 7-0 Price, Yeh absent
AGENDA CHANGES, ADDITIONS, AND DELETIONS
12a. (Former No. 11) Approval of a Amendment No. 1 to Contract
C11136602 with Alternative Resources, Inc. in the amount of $17,500
for a Total Not to Exceed Amount of $215,258 for the Energy/Compost
Feasibility Study.
MOTION: Council Member Klein moved, seconded by Council Member Burt
to hear Agenda Item No. 12a after Item 13, to become Agenda Item No.
13a.
MOTION PASSED: 7-0 Price, Yeh absent
ACTION ITEMS
13. Public Hearing: Consideration of an Appeal of an Architectural Review
Approval, a tentative Map for Condominium Purposes, and a Record of
Land Use Action (1) Approving a Mitigated Negative Declaration, (2)
Upholding the Director’s Architectural Review Approval of a Three
Story Development Consisting of 84 Residential Units within the
Upper Floors, 50,467 s.f. Ground Floor Research and Development
area, Subterranean and Surface Parking Facilities, and Offsite
Improvements, with Two Concessions requested under State
Government Code 65915 and (3) Approving a Tentative Map for
Condominium Purposes on a 2.5 Acre Parcel at 195 Page Mill Road and
2865 Park Boulevard (Continued from September 19, 2011).
Public Hearing opened at 9:29 p.m.
Public Hearing closed at 10:09 p.m.
MOTION: Council Member Holman moved, seconded by Council Member
Burt to direct the applicant to pursue the project as a Pedestrian Transit
Oriented Development (PTOD) rezoning project and return to the Planning
and Transportation Commission for review of the rezone, prior to final
Council action.
AMENDMENT: Council Member Scharff moved, seconded by Council
Member XXX to request no more than a 15 percent parking reduction.
AMENDMENT FAILED DUE TO LACK OF A SECOND.
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INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to allow Retail and Development use with
minimum levels of hazardous materials with thresholds established by Staff
to return to Council for approval.
MOTION PASSED: 7-0 Price, Yeh absent
13a. (Former No. 11) Approval of a Amendment No. 1 to Contract
C11136602 with Alternative Resources, Inc. in the amount of $17,500
for a Total Not to Exceed Amount of $215,258 for the Energy/Compost
Feasibility Study.
MOTION: Council Member Scharff moved, seconded by Council Member
XXX to not authorize the execution of the contract amendment with
Alternative Resources Incorporated in the amount of $17,500 for the
Energy/Compost Feasibility Study.
MOTION FAILED DUE TO LACK OF A SECOND
NO ACTION TAKEN
14. City Clerk's Report Certifying Sufficiency of the Petition for Three
Medical Marijuana Dispensaries in Palo Alto and Direction to Staff to
Prepare Resolution Calling Election in November 2012.
MOTION: Council Member Klein moved, seconded by Council Member
Scharff to accept the City Clerk’s Certificate of Sufficiency of the Initiative
petition to permit three medical marijuana dispensaries in Palo Alto and to
direct Staff to return at a later meeting with a Resolution calling a special
election for November 6, 2012 on the Initiative measure.
AMENDMENT: Council Member Holman moved, seconded by Council
Member Schmid to request Staff conduct additional research and return to
Council in the spring of 2012.
AMENDMENT FAILED: 2-5 Holman, Schmid yes, Price, Yeh absent
MOTION PASSED: 7-0 Price, Yeh absent
The Closed Session under Agenda Item No. 15 regarding the case of Beck v.
Lindsey will be continued to a date uncertain.
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CLOSED SESSION
15. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION
Subject: M. Beck v. D. Lindsey, et al.
Santa Clara County Superior Court Case No. 1-09-CV-157305
Authority: Government Code section 54956.9(a)
CONFERENCE WITH CITY ATTORNEY-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9 (one potential case).
COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Council Member Shepherd updated Council regarding the most recent
City/School Committee Meeting. She stated enrollment was continuing to
increase. Their budget deficit was running on reserves which will run out in
the 2013-2014 school year.
Council Member Burt reported on the success of the Palo Alto International
Film Festival.
Council Member Holman reported on the League of California Cities meeting
she recently attended. She said Project Safety Net was an award winner.
She discussed the prescription discount card that was available to League
Cities.
MOTION: Council Member Scharff moved, seconded by Council Member
Burt to agendize the Palo Alto Municipal Golf Course Reconfiguration Project
including options to create playing fields out of any freed up acreage.
Council Member Klein requested Staff provide the Council and Public the
proposed Fire Fighters Union contract.
Mayor Espinosa reported on the votes taken at the League of California
Cities Meeting. He said everything the City of Palo Alto requested was
approved, and he would send out additional details later.
ADJOURNMENT: The meeting was adjourned at 1:13 A.M.