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Home My WebLink About2017-08-21 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 6 Regular Meeting August 21, 2017 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:00 P.M. Present: DuBois, Filseth arrived at 6:02 P.M., Fine, Holman, Kniss, Kou, Tanaka, Wolbach arrived at 6:15 P.M. Absent: Scharff Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Lalo Perez, Eric Nickel, Rumi Portillo, Molly Stump) Employee Organization: International Association of Fire Fighters (IAFF), Local 1319 Authority: Government Code Section 54957.6(a). CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATION Significant Exposure to Litigation Under Section 54956.9(d)(2) (One Potential Case, as Defendant) – Palo Alto-Stanford Fire Protection Agreement. MOTION: Council Member Holman moved, seconded by Council Member DuBois to go into Closed Session. MOTION PASSED: 6-0 Filseth, Scharff, Wolbach absent Council went into Closed Session at 6:02 P.M. Council returned from Closed Session at 7:52 P.M. Agenda Changes, Additions and Deletions None. ACTION MINUTES Page 2 of 6 City Council Meeting Action Minutes: 8/21/17 Consent Calendar MOTION: Council Member Filseth moved, seconded by Council Member DuBois to approve Agenda Item Numbers 1-8. 1. Resolution 9702 Entitled, “Resolution of the Council of the City of Palo Alto Determining That a Target for the City of Palo Alto Utilities to Procure Energy Storage Systems is not Appropriate due to the Lack of Cost-effective Options.” 2. Approval of a Professional Services Agreement With Electrical Consultants, Inc. in the Amount of $196,330 for the Maybell Electric Substation Protection/Control Upgrade Project Design, and Authorization for the City Manager to Negotiate and Approve Additional Related Services in a Not-to-Exceed Amount of $39,266. 3. Resolution 9703 Entitled, “Resolution of the Council of the City of Palo Alto Approving the Standard Form Verified Emission Reduction (VER) (Carbon Offset) Purchase and Sale Agreement;” and Resolution 9704 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Approve VER Master Agreements With 3Degrees Group, Inc. and Element Markets, LLC.; and Authorizing the City Manager to Purchase VERs From 3Degrees Group, Inc. and Element Markets, LLC. Under Specified Terms and Conditions During Calendar Years 2017 Through 2026, Inclusive, Subject to Limitations.” 4. Accept the Stanford University Medical Center (SUMC) Annual Report for Fiscal Year 2015-2016 and Find the SUMC Parties in Compliance With the Development Agreement. 5. Approval to Name the new Printmaking Studio at Cubberley Community Center as the Paula Kirkeby Press. 6. 3972, 3980, and 3990 El Camino Real [17PLN-00265]: Approval of a Final Map for a 6.19-acre Site That Includes the Buena Vista Mobile Home Park Site (3980 El Camino Real) and two Adjacent Commercial Properties (3972 and 3990 El Camino Real), for Lot Reconfiguration and Lot Line Removals to Reduce Five Parcels to Three Parcels and Provide Access and Utilities Easements, Subject to Conditions of a Tentative Map Considered by the City Council on August 14, 2017. 7. Approval of a Professional Services Agreement With The Shalleck Collaborative, Inc. for Design Services to Upgrade the City of Palo Alto Council Chambers for a Total Not-to-Exceed Amount of $123,708. ACTION MINUTES Page 3 of 6 City Council Meeting Action Minutes: 8/21/17 8. Resolution 9705 Entitled, “Resolution of the Council of the City of Palo Alto to Establish a Sister City Relationship Between Heidelberg, Germany and Palo Alto, California, United States.” MOTION PASSED: 8-0 Scharff absent Action Items 9. PUBLIC HEARING / QUASI-JUDICIAL: 3877 El Camino Real [14PLN-00464]: Adoption of a Mitigation Monitoring and Reporting Plan and Approval of a Site and Design Review for the Demolition of the Vacant 5,860 Square-foot Commercial Building and Construction of a new Mixed-use Project. The Project Includes a 4,027 Square-foot Commercial Building and 17 Dwelling Units (Flats and Townhouses). Parking for the Project is Provided in a Basement. The Applicant Also Requests Approval of a Design Enhancement Exception to Allow the Basement to Encroach Into the Required Rear Yard Setback Below Grade. Environmental Assessment: A Mitigated Negative Declaration was Circulated Between March 6, 2017 and April 7, 2017. Both the Planning & Transportation Commission (March 8, 2017) and Architectural Review Board (May 18, 2017) Have Recommended Approval of the Project. Zoning Districts: CS and RM-30 (STAFF REQUESTS THIS ITEM BE CONTINUED TO AUGUST 28, 2017). 10. Approval of a Letter of Intent With Pets In Need to Develop a Financing Study Including Public and Private Financing for a new Animal Shelter Facility and Commit up to $60,000 for the Study, and Outline a Process and Timeline for Negotiating an Operating Agreement and Interim Improvements for the Current Animal Shelter. MOTION: Council Member Filseth moved, seconded by Council Member Kou to authorize the City Manager or his designee to sign a Letter of Intent to Pets In Need to commit up to $60,000 for a Capital Campaign Planning Study for a new Animal Shelter and outline a process and timeline, subject to subsequent Council approval, for making interim improvements to the current Animal Shelter, negotiating an operating agreement for the new shelter, and planning for construction and operation of a new shelter. AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “direct Staff to prioritize as conditions of an agreement, not limiting animal intake and make spay and neuter services free or at a low cost.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND ACTION MINUTES Page 4 of 6 City Council Meeting Action Minutes: 8/21/17 AMENDMENT: Vice Mayor Kniss moved, seconded by Council Member XX to add to the Motion, “consider asking the Mayor to appoint a City Council ad hoc committee to oversee this effort and potentially be involved in possible fundraising efforts.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “consider asking the Mayor to appoint a City Council ad hoc committee to support this effort and potentially be involved in possible fundraising efforts.” MOTION AS AMENDED RESTATED: Council Member Filseth moved, seconded by Council Member Kou to authorize the City Manager or designee to sign a Letter of Intent to Pets In Need to commit up to $60,000 for a Capital Campaign Planning Study for a new Animal Shelter and outline a process and timeline, subject to subsequent Council approval, for making interim improvements to the current Animal Shelter, negotiating an operating agreement for the new shelter, and planning for construction and operation of a new shelter and consider asking the Mayor to appoint a City Council ad hoc committee to support this effort and potentially be involved in possible fundraising efforts. MOTION AS AMENDED PASSED: 7-1 Wolbach no, Scharff absent 11. Staff, Utilities Advisory Commission, and Policy and Services Committee Recommendation That Council Direct Staff to: (1) Pursue a Municipal Fiber-to-the-Node Network (FTTN) for Fiber and Broadband Expansion; and (2) Expand Wi-Fi to Unserved City Facilities and Discontinue Consideration of City-Provided Wi-Fi in Commercial Areas. MOTION: Council Member DuBois moved, seconded by Council Member Fine to direct Staff to: A. Develop a business case for a municipal-provided Fiber-to-the-Node (FTTN) network for fiber and broadband expansion (“Option 2”); engage a management consultant to develop the business case, funding plans, identify potential partners and/or service providers, and high level network design; and engage an engineering firm to design a FTTN network including an expansion option to build a citywide Fiber- to-the-Premises (FTTP) network; and B. Expand Wi-Fi to unserved City facilities and discontinue consideration of City provided Wi-Fi in commercial areas; and ACTION MINUTES Page 5 of 6 City Council Meeting Action Minutes: 8/21/17 C. Expediently return to Council with Ordinances that will lower the City’s FTTN construction costs such as a Dig Once, String Once Ordinance; a Multi-unit housing Ordinance; and a Microtrenching Ordinance. AMENDMENT: Council Member Tanaka moved, seconded by Council Member XX to add to the Motion Part A, “and develop a business case including subsidies for Internet Service Providers (ISPs), requiring open access” after “expansion (“Option 2”).” AMENDMENT FAILED DUE TO THE LACK OF A SECOND SUBSTITUTE MOTION: Council Member Tanaka moved, seconded by Council Member Holman to direct Staff to: A. Develop a business case using the Fiber Fund and existing fiber to subsidize Internet Service Providers (ISPs) to provide “last mile” connections providing open access, engage a management consultant to develop the business case, funding plans, identify potential partners and/or service providers, and high level network design; and engage an engineering firm to design a Fiber-to-the-Node (FTTN) network including an expansion option to build a citywide Fiber-to-the-Premises (FTTP) network; and B. Expand Wi-Fi to unserved City facilities and discontinue consideration of City provided Wi-Fi in commercial areas; and C. Expediently return to Council with Ordinances that will lower the City’s FTTN construction costs such as a Dig Once, String Once Ordinance; a Multi-unit housing Ordinance; and a Microtrenching Ordinance. INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion Part A, “Fiber-to-the-Node (FTTN)” and remove from the Motion Part C, “the City’s FTTN.” SUBSTITUTE MOTION AS AMENDED RESTATED: Council Member Tanaka moved, seconded by Council Member Holman to direct Staff to: A. Develop a business case using the Fiber Fund and existing Fiber to subsidize Internet Service Providers (ISPs) to provide “last mile” connections providing open access, engage a management consultant to develop the business case, funding plans, identify potential partners and/or service providers, and high level network design; and engage an engineering firm to design a network including an expansion option to build a citywide Fiber-to-the-Premises (FTTP) network; and ACTION MINUTES Page 6 of 6 City Council Meeting Action Minutes: 8/21/17 B. Expand Wi-Fi to unserved City facilities and discontinue consideration of City provided Wi-Fi in commercial areas; and C. Expediently return to Council with Ordinances that will lower construction costs such as a Dig Once, String Once Ordinance; a Multi- unit housing Ordinance; and a Microtrenching Ordinance. SUBSTITUTE MOTION AS AMENDED FAILED: 2-6 Holman, Tanaka yes, Scharff absent MOTION PASSED: 6-2 Holman, Tanaka no, Scharff absent Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Vice Mayor Kniss reported recent changes to cap and trade greenhouse gas reduction regulations were not favorable to air boards, such as the Bay Area Air Quality Management District (BAAQMD). She is the chairperson of BAAQMD. Council Member Wolbach requested Staff return with additional information regarding transportation funding options including a potential tax. He requested this take place with sufficient time to allow for a potential measure on the November 2018 ballot. He requested Staff schedule additional Town Hall meetings with greater notice and community outreach. Council Member DuBois reported his attendance along with Council Members Kou, Tanaka, and Assembly Member Marc Berman at a multi-denominational assembly for peace potluck on Sunday evening at the Jewish Community Center. Vice Mayor Kniss reported the Mitchell Park Library held a solar eclipse viewing party Monday morning. Council Member Holman reported watching the solar eclipse at the Baylands. Adjournment: The meeting was adjourned at 11:13 P.M.