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Home My WebLink About2017-09-18 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 6 Special Meeting September 18, 2017 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:04 P.M. Present: DuBois arrived at 5:40 P.M., Filseth arrived at 5:10 P.M.; Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Ed Shikada, Molly Stump, Rumi Portillo, Lalo Perez) Employee Organization: Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a). MOTION: Vice Mayor Kniss moved, seconded by Council Member Holman to go into Closed Session. MOTION PASSED: 7-0 DuBois, Filseth absent Council went into Closed Session at 5:05 P.M. Council Member Kou left the meeting at 6:25 P.M. Council returned from Closed Session at 6:31 P.M. Mayor Scharff announced no reportable action. Special Orders of the Day 2. Proclamation of the Council of the City of Palo Alto Honoring Daryl Savage for her Service to the Human Relations Commission. Mayor Scharff read the proclamation into the record. ACTION MINUTES Page 2 of 6 City Council Meeting Action Minutes: 09/18/17 3. Proclamation of the Council of the City of Palo Alto Honoring Greer Stone for his Service to the Human Relations Commission. Council Member Holman read the proclamation into the record. 4. Proclamation Honoring Cybersecurity Awareness Month. Council Member Wolbach read the proclamation into the record. 5. Proclamation Declaring the Month of September as Emergency Preparedness Month. Council Member Filseth read the proclamation into the record. Agenda Changes, Additions and Deletions None. Consent Calendar Council Member Wolbach registered a no vote on Agenda Item Number 7. MOTION: Mayor Scharff moved, seconded by Vice Mayor Kniss to approve Agenda Item Numbers 6-9. 6. 4157 El Camino Way, Unit C-3 & C-4 [17PLN-00051]: Request for a Hearing on the Director's Tentative Approval of a Conditional Use Permit (CUP) to Allow Medical Office Use (Dentist). Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) per Guidelines Section 15301. Zoning District: Neighborhood Commercial (CN). 7. Adoption of an Ordinance Establishing a Permitting Program for Tobacco Retailers to be Administered by Santa Clara County. 8. Request for Authorization to Increase Existing Contract for Legal Services With the Law Firm of Renne Sloan Holtzman & Sakai by an Additional $15,000 for a Total Not-to-Exceed Amount of $210,000 for Litigation Services. 9. Ordinance 5417 Entitled “Ordinance of the Council of the City of Palo Alto of the Council of the City of Palo Alto Extending Interim Ordinance No. 5357 That Added Sections 18.85.200 Through 18.85.208 to Chapter 18.85 of Title 18 Imposing an Office Annual Limit of 50,000 Square Feet in Designated Areas of the City (FIRST READING: September 5, 2017 PASSED: 9-0). ACTION MINUTES Page 3 of 6 City Council Meeting Action Minutes: 09/18/17 MOTION PASSED FOR AGENDA ITEM NUMBERS 6, 8-9: 8-0 Kou absent MOTION PASSED FOR AGENDA ITEM NUMBER 7: 7-1 Wolbach no, Kou absent Action Items 10. PUBLIC HEARING / QUASI-JUDICIAL 3877 El Camino Real [14PLN- 00464]: Adoption of a Mitigated Negative Declaration and 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 (Continued From August 28, 2017). Public Hearing opened at 7:37 P.M. Public Hearing closed at 8:05 P.M. MOTION: Council Member Fine moved, seconded by Vice Mayor Kniss to: A. Adopt the attached Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as set forth in the Record of Land Use Action; and B. Adopt the Record of Land Use Action approving Site and Design and Design Enhancement Exception applications, based on findings and subject to conditions of approval as recommended by the Planning & Transportation Commission (March 8, 2017) and Architectural Review Board (May 18, 2017) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B, “Change number of units on Condition Number 6 to 2.55, add a reference on Condition Number 22 to the walking bicycle route on Curtner, strike Condition Number 25 in its entirety, and add a red-curb on either side of the ramp along Curtner Avenue to ensure adequate sight-distance.” ACTION MINUTES Page 4 of 6 City Council Meeting Action Minutes: 09/18/17 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B, “Correct Condition Number 1 to indicate May 4, 2017, change language in Condition Number 6 to ‘actual sale price of fair market value of each market rate unit in accordance…’, change language in Condition Number 44 to state ‘…project shall use bird-safe…’, and add a condition to allow historical photography taken of interior and exterior of the adobe building.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B, “Add a condition to ensure ground floor is for retail and retail-like uses.” MOTION AS AMENDED RESTATED: Council Member Fine moved, seconded by Vice Mayor Kniss to: A. Adopt the attached Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as set forth in the Record of Land Use Action; and B. Adopt the Record of Land Use Action approving Site and Design and Design Enhancement Exception applications, based on findings and subject to conditions of approval as recommended by the Planning & Transportation Commission (March 8, 2017) and Architectural Review Board (May 18, 2017) with the following changes: i. Correct Condition Number 1 to indicate May 4, 2017; and ii. Change number of units on Condition Number 6 to 2.55; and iii. Change language in Condition Number 6 to “actual sale price of fair market value of each market rate unit in accordance…”; and iv. Add a reference on Condition Number 22 to the walking bicycle route on Curtner; and v. Strike Condition Number 25 in its entirety; and vi. Change language in Condition Number 44 to state “...project shall use bird-safe…”; and vii. Add a red-curb on either side of the ramp along Curtner Avenue to ensure adequate sight-distance; and viii. Add a condition to allow historical photography taken of interior and exterior of the adobe building; and ACTION MINUTES Page 5 of 6 City Council Meeting Action Minutes: 09/18/17 ix. Add a condition to ensure ground floor is for retail and retail-like uses MOTION AS AMENDED PASSED: 7-0 Filseth not present, Kou absent Vice Mayor Kniss left the meeting at 9:00 P.M. 11. Presentation by the Palo Alto Transportation Management Association and Approval of an Amendment to the Funding Agreement Between the City of Palo Alto, the Silicon Valley Community Foundation, and the Palo Alto Transportation Management Association to Provide $480,000 in FY2018. MOTION: Council Member Wolbach moved, seconded by Council Member DuBois to: A. Authorize the City Manager to execute an amended and restated Funding Agreement between the City of Palo Alto, the Silicon Valley Community Foundation (SVCF), and the Palo Alto Transportation Management Association (TMA), to: i. Extend the term of the Agreement from December 31, 2018 to July 1, 2020; and ii. Provide $480,000 in funding in the approved FY2018 City budget for use by the Palo Alto TMA in reducing single-occupant vehicle (SOV) commute trips to and from Downtown Palo Alto; and B. Authorize the City Manager to execute future amendments to the Agreement for the purpose of providing any additional funding approved by Council and included in the City’s FY2019 and FY2020 budgets for the express purpose of supporting the TMA, and to remove the SVCF as a party to the Agreement when the TMA receives formal IRS approval as a Section 501(c)(3) organization. AMENDMENT: Council Member DuBois moved, seconded by Council Member Holman to remove from the Motion, Part B “to the Agreement for the purpose of providing any additional funding approved by Council and included in the City’s FY2019 and FY2020 budgets for the express purpose of supporting the TMA.” AMENDMENT FAILED: 3-4 DuBois, Filseth, Holman yes, Kniss, Kou absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion a new Part C, “To present the TMA Business Plan to Council prior to the FY 2019 Budget.” ACTION MINUTES Page 6 of 6 City Council Meeting Action Minutes: 09/18/17 MOTION AS AMENDED RESTATED: Council Member Wolbach moved, seconded by Council Member DuBois to: A. Authorize the City Manager to execute an amended and restated Funding Agreement between the City of Palo Alto, the Silicon Valley Community Foundation (SVCF), and the Palo Alto Transportation Management Association (TMA), to: i. Extend the term of the Agreement from December 31, 2018 to July 1, 2020; and ii. Provide $480,000 in funding in the approved FY2018 City budget for use by the Palo Alto TMA in reducing single-occupant vehicle (SOV) commute trips to and from Downtown Palo Alto; and B. Authorize the City Manager to execute future amendments to the Agreement for the purpose of providing any additional funding approved by Council and included in the City’s FY2019 and FY2020 budgets for the express purpose of supporting the TMA, and to remove the SVCF as a party to the Agreement when the TMA receives formal IRS approval as a Section 501(c)(3) organization; and C. To present the TMA Business Plan to Council prior to the FY 2019 Budget. MOTION AS AMENDED PASSED: 7-0 Kniss, Kou absent Inter-Governmental Legislative Affairs 12. Review of the Letter From the City of Palo Alto to the Caltrain Board, VTA Board, and County Supervisors Regarding Support for SB 797 and Necessary Board Governance Changes Allowing for Fair City Representation. MOTION: Mayor Scharff moved, seconded by Council Member Wolbach to authorize the Mayor to update and send a letter from the City of Palo Alto to the Caltrain Board, the Santa Clara Valley Transportation Authority (VTA) Board, and the Santa Clara County Supervisors supporting SB 797 (Hill) and requesting governance changes on the Caltrain and VTA boards leading to fair and effective City representation. MOTION PASSED: 7-0 Kniss, Kou absent Adjournment: The meeting was adjourned at 10:46 P.M.