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Home My WebLink About2018-04-16 City Council Action Minutes (2)CITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 7 Special Meeting April 16, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:08 P.M. Present: DuBois, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Filseth Study Session 1. Earth Day Report 2018. Special Orders of the Day 2. Junior Girl Scout Troop 60016 “Bronze Award” Project Declaring May as “Plastic Straw Awareness Month.” Agenda Changes, Additions and Deletions None. Minutes Approval 3. Approval of Action Minutes for the March 19 and April 2, 2018 Council Meetings. MOTION: Council Member Scharff moved, seconded by Council Member Wolbach to approve the Action Minutes for the March 19 and April 2, 2018 Council Meetings. MOTION PASSED: 7-0-1 Kou abstain, Filseth absent Consent Calendar MOTION: Council Member Holman moved, seconded by Council Member Kou, third by Council Member Tanaka to pull Agenda Item Number 6- Approve and Authorize the City Manager or his Designee to Execute a Contract With AECOM… to be heard as Agenda Item Number 8A. ACTION MINUTES Page 2 of 7 City Council Meeting Action Minutes: 4/16/18 MOTION: Council Member Tanaka moved, seconded by Council Member Kou, third by Council Member XX to pull Agenda Item Number 8- Adoption of a Resolution Opposing a Potential November 2018 Ballot Measure… MOTION FAILED DUE TO THE LACK OF A THIRD Council Members Kou and Tanaka registered no votes on Agenda Item Number 8- Adoption of a Resolution Opposing a Potential November 2018 Ballot Measure… MOTION: Council Member Scharff moved, seconded by Council Member Wolbach to approve Agenda Item Numbers 4-5, 7-8. 4. Two Resolutions: Resolution 9750 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing the City Manager or his Designee to Sign Related Agreements for Transportation Projects;” and Resolution 9751 Entitled, “Resolution of the Council of the City of Palo Alto for SB 1 Fiscal Year 2019 Project List for Capital Improvement Program Project PE-13011, Charleston-Arastradero Corridor Project.” 5. Approval of Three Contracts With: 1) Delta Dental for Dental Claim Administration; 2) Vision Service Plan for Vision Claim Administration and Fully Insured Vision Plan; and 3) Life Insurance Company of North America (CIGNA) for Underwriting of the City of Palo Alto’s Group Life, Accidental Death and Dismemberment (AD&D), and Long Term Disability Insurance (LTD) Plans for Three Years for Each Contract. 6. Approve and Authorize the City Manager or his Designee to Execute a Contract With AECOM in the Railroad Grade Separation and Safety Improvements Project (PL-17001) in an Amount Not-to-Exceed $1,278,660 for Planning, Community Engagement, Engineering, and Environmental Analysis Services Related to Railroad Grade Separations (the "Connecting Palo Alto" Program), Subject to Authorization of Individual Task Orders When Funding is Available. 7. Park Improvement Ordinance 5434 Entitled, “Ordinance of the Council of the City of Palo Alto for Replacement of the Baylands Boardwalk (PE-14018) (FIRST READING: April 2, 2018 PASSED: 8-0 DuBois Absent).” 8. Resolution 9752 Entitled, “Resolution of the Council of the City of Palo Alto Opposing a Potential November 2018 Ballot Measure: The Tax Fairness, Transparency, and Accountability Act of 2018.” ACTION MINUTES Page 3 of 7 City Council Meeting Action Minutes: 4/16/18 MOTION FOR AGENDA ITEM NUMBERS 4-5, 7 PASSED: 8-0 Filseth absent MOTION FOR AGENDA ITEM NUMBER 8 PASSED: 6-2 Kou, Tanaka no, Filseth absent Action Items 8A. (Former Agenda Item Number 6) Approve and Authorize the City Manager or his Designee to Execute a Contract With AECOM in the Railroad Grade Separation and Safety Improvements Project (PL- 17001) in an Amount Not-to-Exceed $1,278,660 for Planning, Community Engagement, Engineering, and Environmental Analysis Services Related to Railroad Grade Separations (the "Connecting Palo Alto" Program), Subject to Authorization of Individual Task Orders When Funding is Available. Mayor Kniss advised she will not participate in this Agenda Item because she owns real property near the Caltrain Rail Corridor. She left the meeting at 7:05 P.M. Council Member DuBois advised he will not participate in this Agenda Item because he lives near the Caltrain Rail Corridor. He left the meeting at 7:05 P.M. MOTION: Council Member Fine moved, seconded by Council Member Wolbach to approve and authorize the City Manager or his designee to execute a contract in the Railroad Grade Separation and Safety Improvements Project (PL-17001) in an amount not to exceed $1,278,660 for planning, community engagement, engineering, and environmental review services associated with the Connecting Palo Alto project to grade- separate Caltrain crossings in Palo Alto subject to authorization of individual task orders when there is funding available. MOTION PASSED: 6-0 DuBois, Filseth, Kniss absent Council took a break from 8:01 P.M. to 8:11 P.M. Council Member DuBois and Mayor Kniss returned to the meeting at 8:11 P.M. 9. PUBLIC HEARING: Adoption of an Ordinance (1) Amending Chapter 4.64 (Permits for Retailers of Tobacco Products) of the Municipal Code to Allow Fees to be set by Ordinance; and (2) Amending the Fiscal Year 2018 Municipal Fee Schedule to add an Application and Permit Fee for the Tobacco Retailer Permit Program. ACTION MINUTES Page 4 of 7 City Council Meeting Action Minutes: 4/16/18 Public Hearing opened at 8:14 P.M. Public Hearing closed at 8:15 P.M. MOTION: Council Member Scharff moved, seconded by Council Member Fine to adopt an Ordinance approving amendments to: A. Chapter 4.64 of the Municipal Code (Permits for Retailers of Tobacco Products) to allow fees for the tobacco retailer program to be set by Ordinance; and B. The Public Works section of the Municipal Fee Schedule for Fiscal Year 2018 to add fees related to the City’s tobacco retailer permit program. MOTION PASSED: 8-0 Filseth absent 10. PUBLIC HEARING: Staff Requests Council: (1) Approve a Golf Management Agreement and Restaurant License Agreement With OB Sports for 39 Months in an Amount Not-to-Exceed $9,008,000; (2) Approve a Budget Amendment in the General Fund; (3) Adopt an Ordinance Amending the Fiscal Year 2018 Municipal Fee Schedule to Amend Golf Fees; (4) Amend the Management Agreement and a Lease With Brad Lozares to Increase the Not-to-Exceed Amount by $40,000 and Amend Both Terms to end April 17, 2018; (5) Amend the Lease With Hee King Bistro to Waive Lease and Utilities Payments of $45,633 and Authorize Buy-back of Inventory/Liquor License Not-to-Exceed $48,311. Public Hearing opened at 8:41 P.M. Public Hearing closed at 8:49 P.M. MOTION: Council Member Scharff moved, seconded by Council Member DuBois to: A. Approve and authorize the City Manager or his designee to execute an Agreement with OB Sports in an amount not to exceed $9,008,000 for golf management services on course, at the driving range, at the Golf Shop, and surrounding areas of the Palo Alto Baylands Golf Links (formerly the Palo Alto Municipal Golf Course) for the term of April 16, 2018 through June 30, 2021; B. Approve and authorize the City Manager or his designee to execute an Agreement with OB Sports for OB Sports to provide food and beverage services under a license arrangement for the term of April 16, 2018 through June 30, 2021 and OB Sports to pay a minimum of $132,013 ACTION MINUTES Page 5 of 7 City Council Meeting Action Minutes: 4/16/18 which is subject to mutual increase based on net revenue expectations, including language that the associated liquor license be transferred to an operator of the City’s choice at no charge to the City, upon contract termination; C. Amend the Fiscal Year 2018 Budget Appropriation Ordinance for the General Fund budget by: i. Decreasing the estimate for revenue from Charges for Service in the Community Services Department by $1,334,642; ii. Decreasing the General Fund Budget Stabilization Reserve by $1,344,642; D. Adopt an Ordinance amending the FY2018 Municipal Fee Schedule to change the Community Services Division’s Fees for golf; E. Amend Professional Services Agreement C3151541A with Brad Lozares Golf Shop for a change in compensation for an additional $40,000 and amend the term to end on April 17, 2018; F. Amend Lease Number 211 with Brad Lozares for the Golf Shop to end on April 17, 2018; and G. Authorize the City Manager to enter into an agreement to purchase the Furniture, Fixtures, and Equipment (FF&E) and operating liquor license from Hee King Bistro in an amount not to exceed $48,311 and absolve Hee King Bistro of past due lease and utilities payments in an amount not to exceed $45,633, including a general release. MOTION PASSED: 8-0 Filseth absent MOTION: Council Member Holman moved, seconded by Council Member Scharff to continue Agenda Item Number 12- PUBLIC HEARING: Adoption of an Ordinance Amending Palo Alto Municipal Code (PAMC) Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) to add a new Section Imposing an Annual Office Limit… to April 30, 2018. MOTION PASSED: 8-0 Filseth absent 11. Resolution 9753 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing the Issuance and Sale of Taxable Certificate of Participation (COP) Bonds Not-to-Exceed $9.8 Million to: (1) Finance the Golf Course Reconstruction; and (2) Refinance the 2002 Downtown Parking Improvement COP Bonds; Approving, Authorizing and Directing the Execution of Certain Lease Financing Documents; ACTION MINUTES Page 6 of 7 City Council Meeting Action Minutes: 4/16/18 Approving a Preliminary Official Statement; and Authorizing and Directing Certain Actions With Respect Thereto.” MOTION: Council Member DuBois moved, seconded by Council Member Scharff to: A. Adopt a Resolution approving, authorizing, and directing execution of certain lease financing documents, approving a preliminary official statement, and authorizing and directing certain actions with respect thereto; and B. Authorize execution and delivery of taxable Certificates of Participation (COPs) in an amount not to exceed $9.8 million to: i. Finance Golf Course Reconstruction; and ii. Provide funds for the refinancing of the City’s lease payment obligation related to the 2002 Downtown Parking Improvements Certificates of Participation (COPs). MOTION PASSED: 8-0 Filseth absent MOTION: Council Member Wolbach moved, seconded by Council Member Scharff to temporarily adjourn the City Council meeting to allow the members of the City Council, in their capacity as the members of the Board of Directors of the Palo Alto Public Improvement Corporation, to consider approval of the proposed financing. MOTION PASSED: 8-0 Filseth absent Council Meeting temporarily adjourned at 10:54 P.M. Palo Alto Public Improvement Corporation meeting convened at 10:54 P.M. Council Meeting reconvened at 10:58 P.M. 12. PUBLIC HEARING: Adoption of an Ordinance Amending Palo Alto Municipal Code (PAMC) Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) to add a new Section Imposing an Annual Office Limit and Setting Forth Related Regulations, and to Repeal the Respective Regulations From Chapter 18.85 (Interim Zoning Ordinances). The Proposed Ordinance Will Perpetuate the Existing Annual Limit of 50,000 Square Feet of new Office/R&D Development per Year With Modifications Regarding; the Review Process, Unallocated Area Rollover Provisions, and Exemptions. The Planning & Transportation Commission Recommended Approval of the ACTION MINUTES Page 7 of 7 City Council Meeting Action Minutes: 4/16/18 Ordinance on February 14, 2018. This Ordinance is Within the Scope of the Comprehensive Plan Environmental Impact Report (EIR) Certified and Adopted on November 13, 2017 by Council Resolution No. 9720. This Item continued to April 30, 2018. State/Federal Legislation Update/Action None. Adjournment: The meeting was adjourned at 11:08 P.M.