HomeMy WebLinkAbout2020-08-17 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL
ACTION MINUTES
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Special Meeting
August 17, 2020
The City Council of the City of Palo Alto met on this date in Virtual
Teleconference at 5:02 P.M.
Participating Remotely: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka
Absent:
Closed Session
1. PUBLIC EMPLOYEE APPOINTMENT
Title: City Auditor
Authority: Government Code Section 54957 (b)
MOTION: Mayor Fine moved, seconded by Council Member Kniss to go into
Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:05 P.M.
Council returned from Closed Session at 7:28 P.M.
Mayor Fine announced no reportable action.
Minutes Approval
1. Approval of Action Minutes for the August 03, 2020 City Council Meeting.
MOTION: Mayor Fine moved, seconded by Council Member Cormack to
approve the Action Minutes for the August 03, 2020 City Council Meeting.
MOTION PASSED: 7-0
Consent Calendar
MOTION: Vice Mayor DuBois moved, seconded by Council Member Cormack
to approve Agenda Item Number 2.
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Sp. City Council Meeting
Action Minutes: 08/17/2020
2. Resolution 9912 Entitled, “Resolution of the Council of the City of Palo
Alto Amending Utility Rate Schedule E-15 (Electric Service Connection
Charges), and Utilities Rules and Regulations 2, 15, 20, 27 and 29.”
MOTION PASSED: 7-0
Action Items
2A. PUBLIC HEARING / QUASI-JUDICIAL. 2353 Webster Street
[18PLN00339]: Appeal of Director’s Approval of an Individual Review
Application to Demolish an Existing One-story 1,593 Square Foot (SF)
Home and Construct a Two-story Home (Approximately 2,935 SF) With
a Basement and an Attached Garage. Zoning District: Single-family
Residential (R-1) (Continued From August 10, 2020).
Public Hearing opened at 8:08 P.M.
Public Hearing closed at 9:30 P.M.
Council took a break at 9:30 P.M. and returned at 9:42 P.M.
MOTION: Council Member Kniss moved, seconded by Council Member Kou
to add to the conditions of approval:
A. Reduce the basement depth to 8 feet in total dimension, which includes
the exterior wall;
B. Add Catherine Martineau’s recommendations:
i. Reporting tree protection compliance during construction. In
addition to daily inspection reporting during demolition phase, a
mandatory Contractor and Arborist Monthly Tree Activity Report
shall be sent monthly to the City Urban Forester beginning with
issuance of building permit, using the template in the Tree
Technical Manual, Addendum 11. The Contractor and Owner
shall implement any corrective actions as directed by project
arborist or Urban Forester;
ii. Basement and light well excavation should utilize vertical cut,
I-beam and lagging or other minimal-cut method that leaves
rooting soil intact, if approved by the Urban Forester; and
iii. The building permit shall include a comprehensive landscape
plan prepared by a landscape architect, approved by both the
Project Arborist and Urban Forester. The plan shall include
plantings required by Condition Number 13, and in the rear yard
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Sp. City Council Meeting
Action Minutes: 08/17/2020
specify Valley Oak compatible plant species comparable to Tree
Technical Manual, Addendum 5, Landscaping Under Native Oaks;
and
C. Allow the plans to go up an additional 2 feet from the ground.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to change the Motion to read, “…to approve the
project with the following conditions:”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER “…Modify conditions of approval to:
i. Direct Staff to add all recommendations from the Arborist Report
as additional conditions of approval;
ii. Change Condition Number 30 to read, “For the duration of hand
demolition within the Tree Protection Zone, the project Arborist
shall be on site to ensure that tree protection measures, materials
and best practices are being employed by the contractor and on-
site foreman overseeing the work”; and
iii. Change Condition Number 32 to read, “The tree appraisal duration
period shall be ten years from the date of final occupancy…”. (New
Part D)
SUBSTITUTE MOTION: Council Member Cormack moved, seconded by
Council Member Filseth to uphold the Planning and Development Services
Director’s approval of the Individual Review (IR) application. (File No. 18PLN-
00339).
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT
OF THE MAKER AND SECONDER, “… and change Condition Number 32 to
read, “The tree appraisal duration period shall be ten years from the date of
final occupancy…”.
AMENDMENT TO THE SUBSTITUTE MOTION: Vice Mayor DuBois moved,
seconded by Council Member Kou to add to the Substitute Motion:
A. Direct Staff to add all recommendations from the Arborist Report as
additional conditions of approval; and
B. Change Condition Number 30 to read, “For the duration of hand
demolition within the Tree Protection Zone, the project Arborist shall be
on site to ensure that tree protection measures, materials and best
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Action Minutes: 08/17/2020
practices are being employed by the contractor and on-site foreman
overseeing the work.”
AMENDMENT TO THE SUBSTITUTE MOTION PASSED: 4-3 Cormack,
Filseth, Fine no
AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Kou moved,
seconded by Council Member XX to direct the applicant to perform a ground
penetrating radar study.
AMENDMENT TO THE SUBSTITUTE MOTION FAILS DUE TO THE LACK
OF A SECOND
SUBSTITUTE MOTION AS AMENDED: Council Member Cormack moved,
seconded by Council Member Filseth to uphold the Planning and Development
Services Director’s approval of the Individual Review (IR) application (File No.
18PLN-00339) and:
A. Direct Staff to add all recommendations from the Arborist Report as
additional conditions of approval;
B. Change Condition Number 30 to read, “For the duration of hand
demolition within the Tree Protection Zone, the project Arborist shall be
on site to ensure that tree protection measures, materials and best
practices are being employed by the contractor and on-site foreman
overseeing the work.”; and
C. Change Condition Number 32 to read, “The tree appraisal duration
period shall be ten years from the date of final occupancy…”.
SUBSTITUTE MOTION AS AMENDED FAILED: 3-4 DuBois, Kniss, Kou,
Tanaka no
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to change Motion, Part A to read, “Reduce the
basement depth to an 8-foot ceiling height and allow 1-foot above grade;”
MOTION AS AMENDED RESTATED: Council Member Kniss moved,
seconded by Council Member Kou to approve the project with the following
conditions:
A. Reduce the basement depth to 8-foot ceiling height and allow 1 foot
above grade;
B. Add Catherine Martineau’s recommendations:
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Action Minutes: 08/17/2020
i. Reporting tree protection compliance during construction. In
addition to daily inspection reporting during demolition phase, a mandatory Contractor and Arborist Monthly Tree Activity Report
shall be sent monthly to the City Urban Forester beginning with
issuance of building permit, using the template in the Tree
Technical Manual, Addendum 11. The Contractor and Owner shall
implement any corrective actions as directed by project arborist
or Urban Forester;
ii. Basement and light well excavation should utilize vertical cut, i-
beam and lagging or other minimal-cut method that leaves rooting
soil intact, if approved by the Urban Forester; and
iii. The building permit shall include a comprehensive landscape plan
prepared by a landscape architect, approved by both the Project
Arborist and Urban Forester. The plan shall include plantings
required by Condition #13, and in the rear yard specify Valley Oak
compatible plant species comparable to Tree Technical Manual,
Addendum 5, Landscaping Under Native Oaks; and
C. Modify conditions of approval to:
i. Direct Staff to add all recommendations from the Arborist Report
as additional conditions of approval;
ii. Change Condition Number 30 to read, “For the duration of hand
demolition within the Tree Protection Zone, the project Arborist
shall be on site to ensure that tree protection measures, materials
and best practices are being employed by the contractor and on-
site foreman overseeing the work.”; and
iii. Change Condition Number 32 to read, “The tree appraisal duration
period shall be ten years from the date of final occupancy…”.
MOTION AS AMENDED PASSED: 4-3 Cormack, Filseth, Fine no
3. Staff and Utilities Advisory Commission Recommend the City Council
Adopt a Resolution Amending the City's Electric Supply Portfolio Carbon
Neutral Plan and Electric Utility Reserves Management Practices. (THIS
ITEM HAS BEEN CONTINUED TO AUGUST 24, 2020)
4. PUBLIC HEARING/LEGISLATIVE: Adoption of Several Ordinances
Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units
Amending Palo Alto Municipal Code Titles 16 (Building) and 18 (Zoning).
Amendments Include Repealing Section 18.42.040 (Accessory and
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Action Minutes: 08/17/2020
Junior Accessory Dwelling Units); Adding a new Chapter 18.09
(Accessory Dwelling Units and Junior Accessory Dwelling Units); Updating Chapters 18.04 (Definitions); 16.58 (Development Impact
Fees); 16.04 (California Building Code); 16.06 (California Residential
Code); and 16.14 (California Green Building Standards Code).
Environmental Assessment: Exempt From Review Under the California
Environmental Quality Act (CEQA) Pursuant to Q&A 3 August 17, 2020
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE
AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT
PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL
BUSINESS HOURS. Public Resources Code Section 21080.17 and CEQA
Guidelines Sections 15061(b)(3), 15282(h), 15301, 15302 and 15305
(THIS ITEM HAS BEEN CONTINUED TO SEPTEMBER 14, 2020)
Adjournment: The meeting was adjourned at 12:13 A.M.