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HomeMy WebLinkAbout2018-03-19 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL FINAL ACTION MINUTES Page 1 of 10 Special Meeting March 19, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:06 P.M. Present: DuBois, Filseth, Fine, Holman, Scharff Absent: Kniss, Kou, Tanaka, Wolbach 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, Michelle Flaherty, Terence Howzell, Rumi Portillo, Sandra Blanch, Molly Stump, Nicholas Raisch, Lalo Perez, Kiely Nose) Employee Organizations: Utilities Management and Professional Association of Palo Alto (UMPAPA); and Unrepresented Limited Hourly Employees Authority: Government Code Section 54957.6(a). MOTION: Council Member DuBois moved, seconded by Council Member Fine to go into Closed Session. MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent Council went into Closed Session at 5:07 P.M. Council returned from Closed Session at 6:18 P.M. Vice Mayor Filseth announced no reportable action. Special Orders of the Day 2. Proclamation Welcoming Exchange Students and Chaperones From Tsuchiura, Ibaraki, Japan. 3. Mayor's Green Business Leader Award. FINAL ACTION MINUTES Page 2 of 10 City Council Meeting Final Action Minutes: 3/19/18 Agenda Changes, Additions and Deletions None. Minutes Approval 4. Approval of Action Minutes for the February 26 and March 5, 2018 Council Meetings. MOTION: Council Member Scharff moved, seconded by Council Member Fine to approve the Action Minutes for the February 26 and March 5, 2018 Council Meetings. MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent Consent Calendar MOTION: Council Member Scharff moved, seconded by Council Member Holman to approve Agenda Item Numbers 5-11. 5. Approve and Authorize the City Manager or his Designee to Execute a Contract With U.S. Digital Designs in an Amount Not-to-Exceed $303,023 for the Acquisition of a Fire Station Alerting System as Part of the Fire Ringdown System Capital Improvement Program Project FD-14002. 6. Approval of Amendment Number 2 to Contract Number S17166237 With Hillary Rupert for Sustainability Implementation Services to Extend the Term Through December 31, 2019 and Increase the Contract Limit by $187,200 to an Amount Not-to-Exceed $272,200. 7. Approval of a Construction Contract With Waterproofing Associates, Inc. in an Amount Not-to-Exceed $280,356 to Provide Construction Services to Replace the Existing J Wing Roof at Cubberley Community Center. 8. Approval of a 5-year Contract With Manesco Corporation to Conduct Annual Walking and Mobile Gas Leak Surveys, Including Resurveys of Existing Leaks, for a Total Not-to-Exceed Amount of $437,710. 9. Approval and Authorization for the City Manager to: 1) Execute an Electric Fund Construction Contract With K. J. Woods Construction Inc., in the Amount of $1,475,540 for Trenching and Installation of Utility Substructures for Underground Utility District No. 46 (Project EL-12001) in the Area of West Charleston Crossing El Camino Real to Arastradero Road up to Alta Mesa Avenue; 2) Execute the Specific FINAL ACTION MINUTES Page 3 of 10 City Council Meeting Final Action Minutes: 3/19/18 Supplementary Agreement for Joint Participation in the Installation of the Underground Facilities Between the City of Palo Alto, AT&T, and Comcast Corporation of CAIX, Inc.; and 3) Approve Budget Amendments in the Electric Fund. 10. Approval of a Donation of $25,000 From the City Council Contingency Fund to Support North Bay Fire Relief, Resilience, and Recovery. 11. Ordinance 5431 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Chapter 2.22 (Human Relations Commission) and Chapter 2.25 (Parks and Recreation Commission) of the Palo Alto Municipal Code to use Gender-neutral Language and add Gender Identity to the Human Relations Commission’s Jurisdiction, and to Reflect the Community Services Department’s Current Divisions (FIRST READING: March 5, 2018 PASSED 6-0 Kniss, Tanaka, Wolbach absent).” MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent Action Items 12. Approval of the City of Palo Alto Utilities 2018 Strategic Plan (Continued From February 26, 2018). MOTION: Council Member DuBois moved, seconded by Council Member Scharff to approve the 2018 Utilities Strategic Plan including the following changes: A. Add a Key Performance Measure, “100 percent of personnel would have appropriate certification and training;” and B. Replace in the third Financial Efficiency and Resource Optimization Key Performance Measure, “average (e.g. median) or below” with “below average.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “maintain our historical differential for electric utility rates compared to Pacific Gas and Electric.” (New Part C) MOTION AS AMENDED RESTATED: Council Member DuBois moved, seconded by Council Member Scharff to approve the 2018 Utilities Strategic Plan including the following changes: A. Add a Key Performance Measure, “100 percent of personnel would have appropriate certification and training;” FINAL ACTION MINUTES Page 4 of 10 City Council Meeting Final Action Minutes: 3/19/18 B. Replace in the third Financial Efficiency and Resource Optimization Key Performance Measure, “average (e.g. median) or below” with “below average;” and C. Maintain our historical differential for electric utility rates compared to Pacific Gas and Electric. MOTION AS AMENDED PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent Council took a break from 7:57 P.M. to 8:07 P.M. 13. Resolution 9744 Entitled, “Resolution of the Council of the City of Palo Alto Adopting a Hydroelectric Rate Adjustment Mechanism (Electric Rate Schedule E-HRA) and Amending the Electric Utility Reserves Management Practices, as Part of a Comprehensive Hydroelectric Generation Variability Management Strategy.” MOTION: Council Member Scharff moved, seconded by Council Member Fine to adopt a Resolution to: 1. Adopt Electric Utility Rate Schedule E-HRA (Electric Hydro Rate Adjuster), which shall become effective July 1, 2018; and 2. Amend the Electric Utility Reserves Management Practices, which shall update previously adopted Reserves Practices for the Electric Utility. MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent 14. PUBLIC HEARING: Annual Code Update via Adoption of two Ordinances; the First Amending Palo Alto Municipal Code (PAMC) Chapter 2.20 (Planning and Transportation Commission) of Title 2, Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10, and Chapters 18.04 (Definitions), 18.10 (Low-Density Residential (RE, R-2 and RMD)), 18.12 (R-1 Single-Family Residential District), 18.15 (Residential Density Bonus), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.28 (Special Purpose (PF, OS and AC) Districts), 18.30(G) (Combining Districts), 18.40 (General Standards and Exceptions), 18.42 (Standards for Special Uses), 18.52 (Parking and Loading Requirements), 18.54 (Parking Facility Design Standards), 18.76 (Permits and Approvals), 18.77 (Processing of Permits and Approvals), and 18.80 (Amendments to Zoning Map And Zoning Regulations) of Title 18, and Chapters 21.12 (Tentative Maps and Preliminary Parcel Maps) and 21.32 (Conditional Exceptions) of Title 21; and the Second Amending PAMC Chapter 10.04 (Definitions) and Chapter 10.64 (Bicycles, Roller Skates FINAL ACTION MINUTES Page 5 of 10 City Council Meeting Final Action Minutes: 3/19/18 and Coasters) of Title 10 (Vehicles and Traffic) to Prohibit use of Bicycles and Similar Vehicles on Certain Sidewalks and Undercrossings and Establish Speed Limits on Shared-use Paths. The First Ordinance was Recommended for Approval by the Planning and Transportation Commission. Exempt Under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (Continued From March 5, 2018). Public Hearing opened at 8:17 P.M. Public Hearing closed at 8:24 P.M. MOTION: Council Member Scharff moved, seconded by Council Member Fine to: 1. Find the draft Ordinances exempt from the provision of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3); 2. Adopt an Ordinance, including corrections presented by Staff, to amend various sections of the Palo Alto Municipal Code with clarifications, corrections, and adjustments, excluding the following: a. Proposed Municipal Code Modification 23, allow Director referral to the Architectural Review Board or Planning and Transportation Commission and specify that Appeals are heard by the City Council for the Wireless Communication Facilities Review Process; b. Proposed Municipal Code Modification 25, delay the Individual Review Process for replacement homes when a Historic Inventory Property has been demolished; 3. Adopt an Ordinance to amend Chapter 10.04 (Definitions) and Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10 (Vehicles and Traffic) excluding Sections: a. Proposed Municipal Code Modification 27, clarifications to rules for bike riding in undercrossings; and b. Proposed Municipal Code Modification 28, add Speed Limits on Shared-use Bikeways. FINAL ACTION MINUTES Page 6 of 10 City Council Meeting Final Action Minutes: 3/19/18 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part 2: c. “Proposed Municipal Code Modification 6, clarify that the Contextual Garage Placement applies to Carports; d. Proposed Municipal Code Modification 7, clarification of Carport and Garage Definitions; e. Proposed Municipal Code Modification 20, clarify Setbacks for Outdoor Fireplaces and barbecues (BBQs); and f. Proposed Municipal Code Modification 22a, reduce request for hearing timeline to seven days and limit hearing request to adjacent property owners and tenants (Minor Architectural Review).” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part 2: g. “Proposed Municipal Code Modification 22b, continue to rely on mailed notices, removing requirements for publishing and e-mailing Director’s Decisions; and h. Proposed Municipal Code Modification 24, update Residential Density Bonus per State requirements.” MOTION AS AMENDED RESTATED: Council Member Scharff moved, seconded by Council Member Fine to: 1. Find the draft Ordinances exempt from the provision of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3); 2. Adopt an Ordinance, including corrections presented by Staff, to amend various sections of the Palo Alto Municipal Code with clarifications, corrections, and adjustments, excluding the following: a. Proposed Municipal Code Modification 23, allow Director referral to the Architectural Review Board or Planning and Transportation Commission and specify that Appeals are heard by the City Council for the Wireless Communication Facilities Review Process; FINAL ACTION MINUTES Page 7 of 10 City Council Meeting Final Action Minutes: 3/19/18 b. Proposed Municipal Code Modification 25, delay the Individual Review Process for replacement homes when a Historic Inventory Property has been demolished; c. Proposed Municipal Code Modification 6, clarify that the Contextual Garage Placement applies to Carports; d. Proposed Municipal Code Modification 7, clarification of Carport and Garage Definitions; e. Proposed Municipal Code Modification 20, clarify Setbacks for Outdoor Fireplaces and barbecues (BBQs); f. Proposed Municipal Code Modification 22a, reduce request for hearing timeline to seven days and limit hearing request to adjacent property owners and tenants (Minor Architectural Review).” g. Proposed Municipal Code Modification 22b, continue to rely on mailed notices, removing requirements for publishing and e-mailing Director’s Decisions; h. Proposed Municipal Code Modification 24, update Residential Density Bonus per State requirements;” 3. Adopt an Ordinance to amend Chapter 10.04 (Definitions) and Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10 (Vehicles and Traffic) excluding Sections: a. Proposed Municipal Code Modification 27, clarifications to rules for bike riding in undercrossings; and b. Proposed Municipal Code Modification 28, add Speed Limits on Shared-use Bikeways. MOTION AS AMENDED PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member Fine moved, seconded by Council Member Scharff to include in the Ordinance, Proposed Municipal Code Modification 6, clarify that the Contextual Garage Placement applies to carports. AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “existing carports that are located in a manner that was inconsistent with the current contextual garage placement rule shall not be enclosed into a garage.” FINAL ACTION MINUTES Page 8 of 10 City Council Meeting Final Action Minutes: 3/19/18 AMENDMENT WITHDRAWN BY THE MAKER MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member DuBois moved, seconded by Council Member Holman to include in the Ordinance, “replace in Municipal Code Section 18.04.030(24.5) replace, ‘50 percent’ with ‘80 percent.’” AMENDMENT: Council Member Holman moved, seconded by Council Member XX to replace in the Motion, “80 percent” with “100 percent.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND MOTION FAILED: 4-1 Scharff no, Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member Holman moved, seconded by Council Member XX to include in the Ordinance, “replace in Section 18.04.030 (24.5) replace, ‘50 percent’ with ‘65 percent.’” MOTION FAILED DUE TO THE LACK OF A SECOND MOTION: Council Member Scharff moved, seconded by Council Member Fine to include in the Ordinance, Proposed Municipal Code Modification 7, clarification of carport and garage definitions. MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member DuBois moved, seconded by Council Member Holman to include in the Ordinance, “replace in Municipal Code Section 18.10.080(b)(3)(A), ‘four feet’ with ‘eight feet.’” SUBSTITUTE MOTION: Council Member Scharff moved, seconded by Council Member Fine to include in the Ordinance, Proposed Municipal Code Modification 20, clarify setbacks for outdoor fireplaces and barbecues (BBQs). SUBSTITUTE MOTION FAILED: 3-2 DuBois, Holman no, Kniss, Kou, Tanaka, Wolbach absent MOTION RESTATED: Council Member DuBois moved, seconded by Council Member Holman to include in the Ordinance, “replace in Municipal Code Section 18.10.080(b)(3)(A), ‘four feet’ with ‘six feet.’” MOTION AS AMENDED FAILED: 4-1 Scharff no, Kniss, Kou, Tanaka, Wolbach absent FINAL ACTION MINUTES Page 9 of 10 City Council Meeting Final Action Minutes: 3/19/18 MOTION: Council Member Holman moved, seconded by Council Member DuBois to retain in Municipal Code Section 18.77.070(b)(3), “14 days.” MOTION RESTATED: Council Member Holman moved, seconded by Council Member DuBois to include in the Ordinance, “replace in Municipal Code Section 18.77.070(b)(3), ‘7 days’ with ‘10 days.’” MOTION AS AMENDED PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member DuBois moved, seconded by Council Member Scharff to include in the Ordinance, Proposed Municipal Code Modification 22b, continue to rely on mailed notices, removing requirements for publishing and e-mailing Director’s Decisions. MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to include in the Ordinance, Proposed Municipal Code Modification 23, allow Director referral to the Architectural Review Board or Planning and Transportation Commission and specify that Appeals are heard by the City Council for the Wireless Communication Facilities Review Process. MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member DuBois moved, seconded by Council Member Holman to include in the Ordinance, Proposed Municipal Code Modification 24, update Residential Density Bonus per State requirements. MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member Holman moved, seconded by Council Member DuBois to include in the Ordinance, Proposed Municipal Code Modification 25, delay the Individual Review Process for replacement homes when a Historic Inventory Property has been demolished. SUBSTITUTE MOTION: Council Member Scharff moved, seconded by Council Member Fine to add to the Ordinance, “add to Municipal Code Section 18.12.110, ‘as a Category 1 or 2’ after ‘Historic Inventory’ and replace ‘five (5) years’ with ‘three (3) years.’” SUBSTITUTE MOTION FAILED: 2-3 DuBois, Scharff yes, Kniss, Kou, Tanaka, Wolbach absent MOTION FAILED: 3-2 Fine, Scharff no, Kniss, Kou, Tanaka, Wolbach absent FINAL ACTION MINUTES Page 10 of 10 City Council Meeting Final Action Minutes: 3/19/18 MOTION: Council Member Scharff moved, seconded by Council Member Fine to include in the Ordinance, “update Municipal Code Section 10.64.130 to require dismounting when others are present.” MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent MOTION: Council Member Fine moved, seconded by Vice Mayor Filseth to include in the Ordinance, “update Municipal Code Section 10.64.220 to set the speed limit when pedestrians are present.” MOTION PASSED: 5-0 Kniss, Kou, Tanaka, Wolbach absent Adjournment: The meeting was adjourned at 10:59 P.M.