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HomeMy WebLinkAbout2011-12-12 City Council Action Minutes 12/12/2011 ACTION MINUTES Special Meeting December 12, 2011 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:05 P.M. Present: Burt, Espinosa, Holman, Klein, Price, Scharff, Schmid, Yeh arrived @ 7:43 P.M. Absent: Shepherd STUDY SESSION 1. Joint Study Session with the San Francisquito Creek JPA. San Francisquito Creek Joint Powers Authority (JPA) Executive Director Len Materman made a PowerPoint presentation that provided updated information regarding the JPA’s purpose and mission, the fluvial and tidal flood risks affecting Palo Alto and surrounding communities, various flood protection projects that the JPA is pursuing, and potential funding sources for flood protection projects. Council Member Burt, who serves as the City of Palo Alto representative on the JPA Board of Directors, thanked Mr. Materman for his presentation and asked Council to focus on two primary issues: 1) whether the JPA should strive to provide 50-year or 100-year protection from San Francisquito Creek flooding, and 2) whether the JPA should take a lead role in providing protection from tidal flooding. He explained that there are two primary sources of flooding – fluvial flooding caused by the overtopping of San Francisquito Creek, and tidal flooding caused by overtopping or failure of Bayfront levees. He described the number of parcels at risk of flooding from one or both of the flood sources in Palo Alto and surrounding communities. He described the efforts by the JPA and the Santa Clara Valley Water District (District) to plan and design flood protection projects to address both fluvial and tidal flooding. Mr. Materman also gave status updates on federal funding from the Army Corps of Engineers and pending applications from the JPA and the District for a State of California grant for evaluation, planning, and design of Bayfront levee improvements. Lastly, he reported on the District’s tentative plans for a special tax measure (Clean, Safe Water) on the November 2012 ballot and the JPA’s consideration of a future assessment or special tax to fund flood 2 12/12/2011 protection measures upstream of Highway 101. District staff representative Liang Lee provided clarifying comments regarding the scope and funding amounts for the District’s Clean, Safe Water ballot measure. Mr. Materman answered questions from Council Members regarding the presentation and about the scope and funding of the potential capital flood protection projects. Council Members asked about project funding, the relative risks of fluvial vs. tidal flooding, and the timetable for the proposed flood protection projects. Members of the public addressed the Council to advocate for mutual cooperation on the District’s proposed ballot measure, and to express concern about the potential private property impacts of floodwalls along the creek and the slow pace of progress towards project implementation. SPECIAL ORDERS OF THE DAY 2. Community Presentation: Palo Alto Housing Corporation Community Partnership. Candice Gonzales, Executive Director of the Palo Alto Housing Corporation, provided an overview of the services and facilities that the PAHC administers throughout Palo Alto. The mission of the PAHC is to foster, develop, acquire, build and manage low- and moderate- income housing in Palo Alto and the San Francisco Bay Area. It was established in 1970 and has served as the City’s administrator for the Below Market Rate (BMR) program since 1975. PAHC owns and operates more than 700 rental units serving over 1,500 residents. The PAHC receives funding from the City, County of Santa Clara, the Housing Trust of Santa Clara County and other State, Federal and private organizations. PAHC also provide services to residents such as on- site educational workshops and classes, referrals to social services and events that build community and strengthen community ties. Council Members expressed their support for the PAHC, the facilities PAHC runs and their programs to acquire additional housing for the people they serve. 3. Resolution 9218 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Sandra C. Brown Upon Her Retirement.” MOTION: Council Member Holman moved, seconded by Vice Mayor Yeh to adopt the Resolution expressing appreciation to Sandra C. Brown Upon her Retirement. MOTION PASSED: 8-0 Shepherd absent CONSENT CALENDAR 3 12/12/2011 MOTION: Council Member Holman moved, seconded by Council Member Klein to approve Agenda Item Nos. 4-13. 4. Resolution 9212 entitled “Resolution of the Council of the City of Palo Alto Approving and Authorizing the City Manager’s Execution of the Northern California Power Agency Meter Maintenance Program Agreement and Metering Equipment Transfer Letter of Agreement and Bill of Sale.” 5. Approval of the Acceptance of Citizens Options For Public Safety (COPS) Funds In The Amount Of $104,944 For the Police Chief’s Request to Purchase Property and Evidence Room Storage Improvements, Traffic Accident Reconstruction Equipment and Software, Replacement Two-Way Crisis Communication System, Replacement Less Lethal Launchers, Infrared Radar Binoculars, and Portable Radio Transmitter. 6. Finance Committee Recommendation to: 1) Approve Amendment No. 1 to Contract No. C11140925 with Ecology Action for up to $300,000 for Additional Business Energy Efficiency Rebates for a Total Not to Exceed Amount of $1,817,397 through FY 2014; 2) Approve Amendment No. 1 to Contract No. C10134341 with OPOWER, Inc. for up to $250,000 for Additional Home Energy Reports For a Total Not to Exceed Amount of $843,083 through FY 2013; and 3) Ordinance 5135 entitled “Ordinance of the Council of the City of Palo Alto Amending the Budget for FY 2012 to Provide an Additional Appropriation of $425,000 Within the Electric Fund for Two Demand- Side Management Programs.” 7. Resolution 9213 entitled “Resolution of the Council of the City of Palo Alto Declaring Weeds to be a Public Nuisance” and Setting January 9, 2012 for a Public Hearing for Objections to Proposed Weed Abatement. 8. Resolution 9214 entitled “Resolution of the Council of the City of Palo Alto Adopting a Program for Enforcement of the City’s Renewable Portfolio Standards Program” and Resolution 9215 entitled “Resolution of the Council of the City of Palo Alto Renewable Energy Resources Procurement Plan.” 9. Approval of a Transfer in the Amount of $65,000 From the Stanford University Medical Center Development Agreement into the Community Services Department’s Operating Budget for Project Safety Net. 10. Resolution 9216 entitled “Resolution of the Council of the City of Palo Alto Declaring Results of the Consolidated Special Municipal Election Held on November 8, 2011.” 4 12/12/2011 11. Finance Committee Recommendation on Plan for Elimination of the Recycling Center and Retaining the Household Hazardous Waste Dropoff Facility; Resolution 9217 entitled “Resolution of the Council of the City of Palo Alto mending the Comprehensive Plan to Eliminate Program N-55” and Ordinance 5136 entitled “Ordinance of the Council of the City of Palo Alto Amending Municipal Code to Eliminate Local Recycling Center Requirement.” 12. Approval of Three Year Sublease Agreement with Surveymonkey.com, LLC for office space at 285 Hamilton Avenue. 13. Confirmation of Appointment of Kenneth Dueker as Director of the Office of Emergency Services and Approval of At-Will Employment Contract. MOTION PASSED: 8-0 Shepherd absent AGENDA CHANGES, ADDITIONS, AND DELETIONS 13a. (Former Agenda Item Nos. 15 and 16) MOTION: Council Member Scharff moved, seconded by Vice Mayor Yeh to continue: 1) Agenda Item No. 15- Public Hearing: Appeal of an Architectural Review Approval and a Record of Land Use Action Regarding the Director’s Architectural Review Approval of A Three Story Development Consisting of 84 Rental Residential Units In 104,971 Square Feet 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 Under State Housing Density Bonus Law (GC65915) On A 2.5 Acre Parcel at 195 Page Mill Road And 2865 Park Boulevard to January 30, 2012; and 2) Agenda Item No. 16- Finance Committee Recommendation to Approve Two Resolutions Adopting Utility Rate Schedule, Approving Changes to Utilities Rule and Regulation, and Approving Agreements for a Local Renewable Energy Feed-in Tariff Program and to Approve an Ordinance Amending Two Sections of Chapter 2.30 of the Municipal Code Relating to Facilitation of a Feed-in Tariff Program to a date uncertain. MOTION PASSED: 7-0 Klein, Shepherd absent ACTION ITEMS 5 12/12/2011 14. Consideration of an Acquisition Loan in the Amount of $1.29 Million with Palo Alto Housing Corporation for the Purchase of 2811-2825 Alma St. MOTION: Council Member Klein moved, seconded by Council Member Scharff to accept Staff recommendation to: 1. Approve the Loan Agreement, in substantial form, with the Palo Alto Housing Corporation (PAHC) with its attached form of promissory note and deed of trust, which authorizes a residual receipts loan of $1.29 million for acquisition costs; 2. Authorize the City Manager or designee to execute the Loan Agreement and the Regulatory Agreement in substantially identical form; 3. Authorize the City Manager or designee to execute all other documents required to implement the Agreements, including escrow instructions, and to approve all necessary subordination agreements, and direct the City Manager or designee to administer the provisions of the Agreements. MOTION PASSED: 8-0 Shepherd absent 15. Public Hearing: Appeal of an Architectural Review Approval and a Record of Land Use Action Regarding the Director’s Architectural Review Approval of A Three Story Development Consisting of 84 Rental Residential Units In 104,971 Square Feet 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 Under State Housing Density Bonus Law (GC65915) On A 2.5 Acre Parcel at 195 Page Mill Road And 2865 Park Boulevard. 16. Finance Committee Recommendation to Approve Two Resolutions Adopting Utility Rate Schedule, Approving Changes to Utilities Rule and Regulation, and Approving Agreements for a Local Renewable Energy Feed-in Tariff Program and to Approve an Ordinance Amending Two Sections of Chapter 2.30 of the Municipal Code Relating to Facilitation of a Feed-in Tariff Program. COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS 6 12/12/2011 Council Member Price spoke about action taken by the Santa Clara Valley Transportation Agency (VTA) Board of Directors in awarding a design build contract for the BART/Silicon Valley/ Berryessa Extension Project. Mayor Espinosa reminded the Council and public about the Palo Alto Police Department Ride Along Program that they can participate in. He also spoke about the incredible officers that the City is fortunate to have on staff. ADJOURNMENT: The meeting was adjourned at 9:11 P.M.