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HomeMy WebLinkAbout2017-08-28 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 8 Special Meeting August 28, 2017 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:10 P.M. Present: DuBois, Filseth, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Fine Historic Resources Board: Present: Bernstein, Bower, Bunnenberg, Corey, Kohler, Makinen, Wimmer Absent: Study Session 1. Joint Meeting of the City Council and the Historic Resources Board. Council took a break from 5:56 P.M. to 6:01 P.M. 2. 3709 El Camino Real [17PLN-00189]: Request by Palo Alto Housing Corporation for a Prescreening to Construct a Four-story Building With 61 Affordable Housing Units Including a Building Manager Unit; 2,412 Square Feet of Commercial Space; and Additional Amenity Space for use by the Tenants. The Proposal Would Require at Least one of the Following: Comprehensive Plan Amendment, Rezoning, and/or Zoning Text Amendment. Environmental Assessment: Prescreening is not a Project. The Formal Application Will be Subject to California Environmental Quality Act (CEQA) Review. Zoning District: CN (Neighborhood Commercial). Council took a break from 8:47 P.M. to 9:00 P.M. Agenda Changes, Additions and Deletions Council will hear Agenda Item Number 18- Colleagues’ Memo … an Anti- idling Ordinance (AIO)… after Agenda Item Number 15- Ordinance 5416 Entitled, “Ordinance of the Council of the City of Palo Alto Authorizing an Amendment to the Contract Between the City of Palo Alto and the Board of… ACTION MINUTES Page 2 of 8 City Council Meeting Action Minutes: 8/28/17 MOTION: Vice Mayor Kniss moved, seconded by Council Member Filseth to hear public comment on Agenda Item Number 17- PUBLIC HEARING / QUASI-JUDICIAL: 3877 El Camino Real [14PLN-00464]… and then continue the Item to September 18, 2017. MOTION PASSED: 7-0 Wolbach not participating, Fine absent Minutes Approval 3. Approval of Action Minutes for the August 14, 2017 Council Meeting. MOTION: Vice Mayor Kniss moved, seconded by Mayor Scharff to approve the Action Minutes for the August 14, 2017 Council Meeting. MOTION PASSED: 8-0 Fine absent Consent Calendar Council Member Tanaka registered a no vote on Agenda Item Number 13- Approval of a Contract With York Risk Services Group Inc… MOTION: Vice Mayor Kniss moved, seconded by Mayor Scharff to approve Agenda Item Numbers 4-15. 4. Resolution 9706 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing the Submittal of a Financial Assistance Application to the United States Bureau of Reclamation for the WaterSMART: Title XVI Water Recycling Projects Under the WIIN Act and to Enter Into a Financing Agreement Under the Program.” 5. Approval of a Multi-year Contract With Abbe and Associates in the Amount of $499,016 for Technical Support for the Zero Waste Program That Includes: a Waste Characterization Study, an Update to the Zero Waste Operational Plan, and Refuse Management Contracting Assistance. 6. Acceptance of the Hewlett Foundation Grant, National Endowment for the Arts Grant, and Code:ART Private Contributions; and Approval a of Budget Amendment in the General Fund and Public Art Fund. ACTION MINUTES Page 3 of 8 City Council Meeting Action Minutes: 8/28/17 7. Adoption of Three Resolutions Approving the Submission and Management of Three Grants: Resolution 9707 Entitled, “Resolution of the Council of the City of Palo Alto Approving the Submission of an Application for Outdoor Environmental Education Facilities Grant Funds;” Resolution 9708 Entitled, “Resolution Approving the Submission of an Application for Habitat Conservations Grant Funds;” and Resolution 9709 Entitled, “Resolution Approving the Submission of an Application for California Cultural and Historical Endowment’s Museum Grant Funds.” 8. Resolution 9710 Entitled, “Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedules G-1 (Residential Gas Service), G-2 (Residential Master-metered and Commercial Gas Service), G-3 (Large Commercial Gas Service), and G-10 (Compressed Natural Gas Service) to Reflect the Carbon Offset Charge, as Adopted by City Council in the Carbon Neutral Gas Plan, and Terminate PaloAltoGreen Gas Schedules G-1-G, G-2-G, G-3-G, and G-10-G.” 9. Approval of an Agreement With the County of Santa Clara Providing $3.2 Million in Transportation Impact Fees for the Design, Review, and Construction of Improvements at the Intersections of Page Mill Road/ Hanover Street and Page Mill Road/El Camino Real; and Approval of an Associated Budget Amendment in the Stanford Research Park/ El Camino CS Zone Traffic Impact Fund. 10. Approval of Amendment Number 3 to Contract Number C15156501 With SP Plus in the Amount of $16,335 for Additional Services for Parking Permits and On-site Customer Service; Approval of Amendment Number 3 to Contract Number C15156763 With Serco, Inc. in the Amount of $115,140 for Enforcement of Southgate Residential Preferential Parking (RPP) District; and Approval of Amendment Number 5 to Contract Number C15157271 With McGuire Pacific Constructors in the Amount of $142,155 for Construction Services for Southgate Residential Preferential Parking (RPP) District. 11. Approval of a Memorandum of Understanding With the Santa Clara Valley Water District to Assess the Feasibility of Developing Water Reuse Alternatives, and an Amendment to the Recycled Water Supply Agreement With the City of Mountain View. 12. Approval of Contract Number C18167808C With DeSilva Gates Construction LP in the Amount of $9,243,797, Amendment Number 2 With Mead & Hunt, Inc. Contract Number C15155208B, and Amendment Number 4 With C&S Engineers, Inc. Contract Number ACTION MINUTES Page 4 of 8 City Council Meeting Action Minutes: 8/28/17 C15155208A for the Airport Apron Reconstruction Capital Improvements Program Project AP-16000; Resolution 9711 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Execute Future Grant Agreements Offered by the California Department of Transportation for Airport Improvement Program Matching Grant Funds for Apron Reconstruction at the Palo Alto Airport, and Authorizing the City Manager to Execute Supporting Documents Associated With the Application and Acceptance of Said Grant Funds;” Approval of a Budget Amendment in the General and Airport Enterprise Funds; and Approval of Findings That the Proposed Project is Exempt From Environmental Review Under California Environmental Quality Act (CEQA) Guidelines 15301 and 15302 and Federal Aviation Administration (FAA) Order 1050.1F11. 13. Approval of a Contract With York Risk Services Group Inc. for up to Five Years in a Total Not-to-Exceed Amount of $1,206,015 for Workers’ Compensation Claims Administration Services. 14. Vote to Endorse the Slate of Candidates for the Peninsula Division, League of California Cities Executive Committee for 2017-18 and Direct the City Clerk to Forward to Seth Miller, the Regional Public Affairs Manager for the Peninsula Division, League of California Cities the Completed Ballot for the City of Palo Alto. 15. Ordinance 5416 Entitled, “Ordinance of the Council of the City of Palo Alto Authorizing an Amendment to the Contract Between the City of Palo Alto and the Board of Administration of the California Public Employees’ Retirement System (PERS) to add Cost-sharing Pursuant to Government Code Section 20516 (FIRST READING: August 14, 2017 PASSED: 8-0 Fine absent).” MOTION FOR AGENDA ITEM NUMBERS 4-12, 14-15 PASSED: 8-0 Fine absent MOTION FOR AGENDA ITEM NUMBER 13 PASSED: 7-1 Tanaka no, Fine absent Action Items At this time Council heard Agenda Item Number 18. 18. Colleagues’ Memo From Council Members Dubois, Filseth, Holman, and Vice Mayor Kniss Regarding an Anti-Idling Ordinance (AIO). ACTION MINUTES Page 5 of 8 City Council Meeting Action Minutes: 8/28/17 MOTION: Vice Mayor Kniss moved, seconded by Council Member Holman to direct Staff to return with an Ordinance to implement Programs N5.2.1 and N5.2.2 in the Draft Comprehensive Plan and to support the Healthy Cities, Healthy Communities Council Priority by requiring drivers to shut off their engines after two or three minutes of stationary idling if not in an active traffic path, noting exceptions. The Ordinance would be patterned after city ordinances adopted in Minneapolis, MN; Salt Lake City, UT; and Ann Arbor, MI. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “to the Policy and Services Committee” after “Staff to return.” MOTION AS AMENDED RESTATED: Vice Mayor Kniss moved, seconded by Council Member Holman to direct Staff to return to the Policy and Services Committee with an Ordinance to implement Programs N5.2.1 and N5.2.2 in the Draft Comprehensive Plan and to support the Healthy Cities, Healthy Communities Council Priority by requiring drivers to shut off their engines after two or three minutes of stationary idling if not in an active traffic path, noting exceptions. The Ordinance would be patterned after city ordinances adopted in Minneapolis, MN; Salt Lake City, UT; and Ann Arbor, MI. MOTION AS AMENDED PASSED: 8-0 Fine absent 16. PUBLIC HEARING: Adoption of a Finding That the Fire Station No. 3 Replacement Project (CIP PE-15003) is "Substantially Complex" Under Public Contract Code Section 7201 and Direction to Increase the Retention Schedule From 5 Percent to 10 Percent. Public Hearing opened at 10:05 P.M. Public Hearing closed at 10:06 P.M. MOTION: Mayor Scharff moved, seconded by Council Member Holman to: A. Find the proposed Fire Station No. 3 Replacement Project “substantially complex” under Public Contract Code Section 7201 based on the reasons set forth in the Staff Report; and B. Allow the Project to be advertised for bid with a retention amount of ten percent. MOTION PASSED: 8-0 Fine absent 17. PUBLIC HEARING / QUASI-JUDICIAL: 3877 El Camino Real [14PLN-00464]: Adoption of a Mitigation Monitoring and Reporting ACTION MINUTES Page 6 of 8 City Council Meeting Action Minutes: 8/28/17 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. (Continued From August 21, 2017). Inter-Governmental Legislative Affairs 19. Support for SB 797 (Hill), a Senate Bill Allowing Regional Entities and Residents of Santa Clara, San Francisco, and San Mateo Counties to Vote to Increase the Sales Tax by 1/8 Cent for Caltrain Operations and Capital Purposes. MOTION: Council Member Wolbach moved, seconded by Mayor Scharff to declare its support for SB 797 (Hill), a bill allowing the Peninsula Corridor Joint Powers Board (Caltrain) to petition regional entities and the voters of Santa Clara, San Francisco, and San Mateo Counties, to increase the sales tax by 1/8 cent to fund Caltrain operations and capital expenditures, and direct the City Manager to advocate for its adoption, including submitting letters of support to the legislature, contacting the author to offer support, and directing the City’s State lobbyist to testify on behalf of the Bill in committee hearings and meet with the legislative offices to advocate for the bill on behalf of the City. SUBSTITUTE MOTION: Council Member Wolbach moved, seconded by Vice Mayor Kniss to continue this Item to September 5, 2017. SUBSTITUTE MOTION PASSED: 6-2 DuBois, Kou no, Fine absent Council Member Questions, Comments and Announcements Council Member Wolbach requested Council return to Sense Minutes for City Council and Standing Committee meetings. He shared his appreciation of the community, Council, and media discussion of Code Enforcement issues relating to church tenants and he looks forward to a Council policy discussion of these issues. ACTION MINUTES Page 7 of 8 City Council Meeting Action Minutes: 8/28/17 Council Member Holman supported bringing the discussion of church tenants and related Code Enforcement issues to the Council or the Policy and Services Committee. She requested the Council receive the Animal Services Facility Study and a letter from the Director of Pets In Need. Vice Mayor Kniss reported that the California Supreme Court ruled earlier today, on a case pertaining to the 2/3 requirement for passage of taxes in California elections. Molly Stump, City Attorney reported that the case decided by the Court is narrowly focused and requested time to analyze the decision before advising the Council regarding the potential ramifications of the decision. Vice Mayor Kniss looked forward to hearing from the City Attorney on this topic. Ms. Stump reported that the case pertains more closely to the municipality driven initiative timelines specified in the California Elections Code and whether these timelines apply to citizen driven initiatives. Vice Mayor Kniss requested Staff reach out to the Valley Transportation Authority (VTA) regarding the status of Measure B funding, which may be on hold due to litigation. James Keene, City Manager reported that Staff is talking with First Baptist Church regarding its tenants and will continue these talks in parallel with any broader discussion of church tenants. Vice Mayor Kniss requested Council Members keep a copy of Agenda Item Number 17- PUBLIC HEARING / QUASI-JUDICIAL: 3877 El Camino Real [14PLN-00464]… which was continued to September 18, 2017 to save paper. Mayor Scharff announced that he will draft a letter in opposition to Senate Bill (SB) 35 (Weiner), which would reduce the City’s ability to control parking requirements, particularly near transit. Council Member Holman requested Council Members have an opportunity to weigh in on the drafting of this letter. Ms. Stump advised that this could be challenging due to public noticing requirements. Mayor Scharff hopes Council Members are supportive of this letter as it aligns with the City’s value of local control. ACTION MINUTES Page 8 of 8 City Council Meeting Action Minutes: 8/28/17 Council Member Holman shared her support of the letter. Council Member Kou requested the City opposes SB 649 (Hueso) which would reduce local control regarding cellular antennas. Mr. Keene reported the City has opposed SB 649, will likely send letter requesting veto if the Bill makes it to the Governor. Council Member Wolbach reported the League of California Cities, Peninsula Division’s Legislative Action Committee met with numerous local officials and their staff and confirmed the officials are aware of the League’s opposition to SB 35 and SB 649. Council Member Tanaka reported that a tenant of the First Baptist Church received contradictory information from the City regarding Code Enforcement issues and has expended significant personal funds in support of their community serving business. He looks forward to future discussions of this topic. Mr. Keene reported Staff is working with iSing to find a way forward regarding iSing’s tenancy at the First Baptist Church. Council Member Tanaka hopes the City can similarly work with other tenants. Adjournment: The meeting was adjourned at 11:04 P.M.