HomeMy WebLinkAbout2016-09-26 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL
ACTION MINUTES
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Special Meeting
September 26, 2016
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:34 P.M.
Present: Berman, Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid,
Wolbach
Absent:
Special Orders of the Day
1. Proclamation Honoring Cybersecurity Awareness Month.
2. Proclamation Honoring The Christmas Bureau's 60th Anniversary.
Agenda Changes, Additions and Deletions
MOTION: Council Member Kniss moved, seconded by Council Member
DuBois to hear Agenda Item Number 9- Review and Direction Regarding
Interpretation of Planned Community (PC) Ordinances… as the last Action
Item tonight.
MOTION PASSED: 5-4 Berman, Burt, Filseth, Wolbach, no
Minutes Approval
3. Approval of Action Minutes for the September 12, 2016 Council
Meeting.
MOTION: Council Member Schmid moved, seconded by Council Member
Wolbach to approve the Action Minutes for the September 12, 2016 Council
Meeting.
MOTION PASSED: 9-0
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Consent Calendar
Council Member Filseth registered a no vote on Agenda Item Number 5-
Approval and Authorization for the City Manager or his Designee to Execute
two Energy Efficiency Program Contract Amendments…
MOTION: Council Member Kniss moved, seconded by Council Member
Berman to approve Agenda Item Numbers 4-7.
4. Approval of the Termination of a Funding Agreement With the City of
East Palo Alto for the East Palo Alto Shuttle Route at the Request of
the City of East Palo Alto; Approval of an Exemption Under Section
15301 of the California Environmental Quality Act Guidelines; and
Approval of a Budget Amendment to the General Fund.
5. Approval and Authorization for the City Manager or his Designee to
Execute two Energy Efficiency Program Contract Amendments:
(1) Amendment Number 3 to a Contract With BASE Energy, Inc. for
the Administration of the Third-Party Non-residential new Construction
Program Contract Number C11141002 Extending the Term for two
Additional Years; and (2) Amendment Number 1 to Eagle Systems
International, Inc. DBA Synergy Companies Contract Number
C15159125 for the Multifamily Residence Plus Program Increasing
Compensation by $500,000 From $450,000 for a Total Not-to-Exceed
Amount of $950,000.
6. Approval of Change Order Number One to Contract Number
S16159273 With Penhall Company for Concrete Saw Cutting Services
to Extend the Contract Time to Three Years (2015-2018) and to
Increase the Total Not-to-Exceed Amount From $168,705 to $506,115
Over Three Years; and Finding That Approval of the Contract’s Change Order is Categorically Exempt From California Environmental Quality
Act Review Under Section 15301(c) of the CEQA Guidelines.
7. Approval of a Contract Amendment With Global Learning Solution Inc.
to Extend the Term Through June 30, 2017 and add $125,000 for a
Total Not-to-Exceed Amount of $375,000 for the Support of Human
Resources SAP Modules and Business Processes Improvements.
MOTION FOR AGENDA ITEM NUMBER 5 PASSED: 8-1 Filseth, no
MOTION FOR AGENDA ITEM NUMBERS 4, 6-7 PASSED: 9-0
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Action Items
8. Direction to Expand Community Use of Upcoming Space at Cubberley
Community Center Following Foothill College's Planned Move and
Approval of Exemption Under California Environmental Quality Act.
MOTION: Council Member Holman moved, seconded by Council Member
Schmid to:
A. Authorize Staff to amend the 1991 Cubberley Master Plan to provide
for additional uses in Buildings A, B, C, D, I, J, K, and P currently
occupied by Foothill Community College (educational use) and apply
for necessary planning entitlements to allow additional community
oriented uses; and
B. Adopt a finding that these actions are exempt from the California
Environmental Quality Act (CEQA) under Section 15301 of the CEQA
Guidelines.
SECOND WITHDRAWN BY THE SECONDER
MOTION FAILED DUE TO THE LACK OF A SECOND
MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff
to:
A. Authorize Staff to amend the 1991 Cubberley Master Plan to provide
for additional uses in Buildings A, B, C, D, I, J, K, and P currently
occupied by Foothill Community College (educational use) and apply
for necessary planning entitlements to allow additional community
oriented uses; and
B. Authorize the City Manager to accept a lease rate of $1.00 per square
foot for Avenidas to occupy up to 10,000 square feet at the Cubberley
Community Center to operate a temporary senior center during the renovations at 450 Bryant Street; and
C. Adopt a finding that these actions are exempt from the California
Environmental Quality Act (CEQA) under Section 15301 of the CEQA
Guidelines.
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MOTION PASSED: 9-0
Council took a break from 7:21 P.M. to 7:32 P.M.
MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois
to hear Agenda Item Number 9- Review and Direction Regarding
Interpretation of Planned Community (PC) Ordinances… at this time.
MOTION PASSED: 9-0
9. Review and Direction Regarding Interpretation of Planned Community (PC) Ordinances Governing Three of the Four City Parking Garages
Proposed for Rooftop Solar Installations at 445 Bryant Street,
520 Webster Street, and 275 Cambridge Avenue and Regarding the
Architectural Review Procedure for the Three PC Zoned Garages and
the Fourth Parking Garage at 475 Cambridge Which is Zoned Public
Facilities (PF), Including a Finding That the Project is Exempt From
Review Under the California Environmental Quality Act (CEQA).
Vice Mayor Scharff advised he will not participate in this Agenda Item
because he owns real property near the subject properties.
Council Member Kniss advised she will not participate in this Agenda Item
because she owns real property near the subject properties.
Council Member Kniss and Vice Mayor Scharff left the meeting at 7:37 P.M.
MOTION: Council Member Berman moved, seconded by Council Member
Wolbach to make the following determinations:
A. The installation of structural canopies to support solar panels will be
consistent with the Planned Community (PC) Ordinances and approved
development plans for three City garages located at 445 Bryant Street,
520 Webster Street, and 275 Cambridge Avenue, such that no
amendments are needed to these PC ordinances; and
B. The PC Ordinances for 445 Bryant Street and 520 Webster Street do
not need to be modified to allow structural canopies to exceed the
50 foot high limit; and
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C. The proposed support structures for the photovoltaic panels at all four
sites are considered “minor” projects subject to Staff Level
Architectural Review in accordance with Palo Alto Municipal Code
(PAMC) Section 18.76.020; and
D. The recommended actions are exempt from review under the
California Environmental Quality Act (CEQA) Sections 21080.35,
15303, and 15301 (existing facilities).
MOTION PASSED: 7-0 Kniss, Scharff not participating
10. Policy and Services Committee Recommends Adoption of an Ordinance
Amending the City’s Minimum Wage Ordinance to Align With the Santa
Clara Cities Association Recommendation to Increase the Minimum
Wage to $15 per Hour in Three Steps: $12 on 1/1/2017; $13.50 on
1/1/2018, $15.00 on 1/1/2019, and a Consumer Price Increase (CPI)
Increase After 2019 Indexed to the Bay Area CPI With a 5 Percent Cap
and no Exemption.
Vice Mayor Scharff and Council Member Kniss returned to the meeting at
8:56 P.M.
MOTION: Council Member DuBois moved, seconded by Council Member
Kniss to adopt an Ordinance amending the City’s Minimum Wage Ordinance
to align with the Cities Association recommendation to increase the
minimum wage to $15.00 per hour in three steps: $12.00 on January 1,
2017; $13.50 on January 1, 2018, $15.00 on January 1, 2019, and a
Consumer Price Index (CPI) increase after 2019 indexed to the Bay Area CPI
with a 5 percent cap and no exemptions and commit to updating the City’s
Ordinance to exclude tipped employees if Labor Code Section 351 is updated
to allow this exemption and the City will support advocating for this exemption at the state level.
SUBSTITUTE MOTION: Council Member Wolbach moved, seconded by
Council Member Berman to adopt an Ordinance amending the City’s
Minimum Wage Ordinance to increase the minimum wage to $15.00 per
hour in three steps: $12.00 on April 1, 2017; $13.50 on January 1, 2018,
$15.00 on July 1, 2018, and a Consumer Price Index (CPI) increase after
2019 indexed to the Bay Area CPI with a 5 percent cap and no exemptions.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER to add to the Substitute
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Motion, “and direct the Policy and Services Committee to evaluate the
concept of a tipped worker exemption and the impacts of advocating for this
concept in Sacramento.”
SUBSTITUTE MOTION RESTATED: Council Member Wolbach moved,
seconded by Council Member Berman to adopt an Ordinance amending the
City’s Minimum Wage Ordinance to increase the minimum wage to $15.00
per hour in three steps: $12.00 on April 1, 2017; $13.50 on January 1, 2018, $15.00 on July 1, 2018, and a Consumer Price Index (CPI) increase
after 2019 indexed to the Bay Area CPI with a 5 percent cap and no
exemptions and direct the Policy and Services Committee to evaluate the
concept of a tipped worker exemption and the impacts of advocating for this
concept in Sacramento.
SUBSTITUTE MOTION AS AMENDED FAILED: 2-7 Berman, Wolbach, yes
MOTION RESTATED: Council Member DuBois moved, seconded by Council
Member Kniss to adopt an Ordinance amending the City’s Minimum Wage
Ordinance to align with the Cities Association recommendation to increase
the minimum wage to $15.00 per hour in three steps: $12.00 on January 1,
2017; $13.50 on January 1, 2018, $15.00 on January 1, 2019, and a
Consumer Price Index (CPI) increase after 2019 indexed to the Bay Area CPI
with a 5 percent cap and no exemptions and commit to updating the City’s
Ordinance to exclude tipped employees if Labor Code Section 351 is updated
to allow this exemption and the City will support advocating for this
exemption at the state level.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to replace in the Motion, “commit to” with
“evaluate.”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to replace in the Motion, “the City will support
advocating for this exemption at the state level” with “add this to the list of
topics for the Policy and Services Committee to consider when reviewing the
Legislative Policy Program.”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to replace in the Motion, “exclude” with “best
address the issue of.”
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MOTION RESTATED: Council Member DuBois moved, seconded by Council
Member Kniss to adopt an Ordinance amending the City’s Minimum Wage
ordinance to align with the Cities Association recommendation to increase
the minimum wage to $15.00 per hour in three steps: $12.00 on January 1,
2017; $13.50 on January 1, 2018, $15.00 on January 1, 2019, and a
Consumer Price Index (CPI) increase after 2019 indexed to the Bay Area CPI
with a 5 percent cap and no exemptions and evaluate updating the City’s Ordinance to best address the issue of tipped employees if Labor Code
Section 351 is updated to allow this exemption and add this to the list of
topics for the Policy and Services Committee to consider when reviewing the
Legislative Policy Program.
MOTION AS AMENDED PASSED: 9-0
11. PUBLIC HEARING: Resolution 9626 Entitled, “Resolution of the Council
of the City of Palo Alto Confirming the Code Enforcement Abatement
Report and Ordering Cost of Abatement to be a Special Assessment on
the Properties Located at 220 Matadero Avenue and 18 Roosevelt
Circle.”
Public Hearing opened and closed without public comment at 10:50 P.M.
MOTION: Council Member Holman moved, seconded by Council Member
Filseth to adopt a Resolution confirming the Code Enforcement Abatement
Report and ordering abatement costs to be a special assessment on the
properties specified in the Report.
MOTION PASSED: 9-0
Inter-Governmental Legislative Affairs
None.
Council Member Questions, Comments and Announcements
Council Member Kniss reported her attendance at the League of California
Cities, Peninsula Division Quarterly Meeting last Thursday. At this meeting,
a presentation was given that included information on two projects that
provide housing for teachers; Cañada Vista in San Mateo County and Casa
de Maestro in Santa Clara. Both projects were funded by and built by local
school districts without the assistance of tax credits.
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Council Member DuBois reported his attendance at the NTD Health Expo at
the Mitchell Park Community Center. He suggested that this event be
coordinated with the annual health fair.
Mayor Burt reported his attendance at the recent San Francisquito Creek
Joint Powers Authority (JPA) meeting. The JPA Received an update on
efforts with Pacific Gas and Electric (PG&E) to align PG&E’s gas line work
along the Palo Alto Golf Course with JPA projects. City of Palo Alto Staff and Santa Clara Valley Water District Staff are engaged with this effort. He
reported that the Peninsula Corridor Joint Powers Board’s (Caltrain) Local
Policy Maker Group is seeking a Metropolitan Transit Commission (MTC)
grant to fund a system-wide grade separation study.
Adjournment: The meeting was adjourned at 11:00 P.M.