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HomeMy WebLinkAbout2018-06-11 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 13 Special Meeting June 11, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:02 P.M. Present: DuBois, Filseth, 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, Michelle Flaherty, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, Terence Howzell, Charles Sakai, Lalo Perez, and Kiely Nose) Employee Organizations: 1) Utilities Management and Professional Association of Palo Alto (UMPAPA); 2) Service Employees International Union, (SEIU) Local 521; 3) Service Employees International Union, (SEIU) Local 521, Hourly Unit; 4) Palo Alto Police Officers’ Association (PAPOA); 5) Palo Alto Fire Chiefs’ Association (FCA) and Employee Organization; 6) International Association of Fire Fighters (IAFF), Local 1319; and 7) Palo Alto Police Managers’ Association (PAPMA) Authority: Government Code Section 54957.6(a). 2. CONFERENCE WITH CITY ATTORNEY- POTENTIAL LITIGATION Significant Exposure to Litigation (One Potential Case, as Petitioner) – Initiative Measure Palo Alto Accountable and Affordable Health Care Initiative Authority: Government Code Section 54956.9(d)(2). 2A. PUBLIC EMPLOYMENT Title: City Manager Authority: Government Code Section 54957(b). MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to go into Closed Session. ACTION MINUTES Page 2 of 13 City Council Meeting Action Minutes: 06/11/18 MOTION PASSED: 8-0 Tanaka not participating Council went into Closed Session at 5:03 P.M. Council returned from Closed Session at 7:25 P.M. Mayor Kniss announced no reportable action. Agenda Changes, Additions and Deletions Staff requests Agenda Item Number 7- Approval of a 1.5 Year Contract With the Empowerment Institute… be continued to August 13, 2018. MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to continue Agenda Item Number 7- Approval of a 1.5 Year Contract With the Empowerment Institute… to August 13, 2018. MOTION PASSED: 9-0 MOTION: Council Member Scharff moved, seconded by Council Member Fine to hear Agenda Item Number 13- Accept the City Clerk’s Report Certifying the Sufficiency of an Initiative Petition to Limit Health Care Costs… before Agenda Item Number 12- Accept the City Clerk’s Report Certifying the Sufficiency of the Initiative Petition to Amend the Comprehensive Plan and Zoning Code… MOTION PASSED: 7-2 Holman, Kou no Minutes Approval 3. Approval of Action Minutes for the May 29, 2018 Council Meeting. MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to approve the Action Minutes for the May 29, 2018 Council Meeting with the addition of, “pending receipt of an opinion from the Fair Political Practices Commission” to Page 5 after “Council Member DuBois advised he will not participate in this Agenda Item.” MOTION PASSED: 9-0 Consent Calendar Council Member Tanaka registered a no vote on Agenda Item Number 8- PUBLIC HEARING: Approval of a Finding That the California Avenue Parking Garage Project (CIP PE-18000)… ACTION MINUTES Page 3 of 13 City Council Meeting Action Minutes: 06/11/18 MOTION: Council Member DuBois moved, seconded by Council Member Wolbach to approve Agenda Item Numbers 4-6, 8. 4.Accept the Stanford University Medical Center (SUMC) Annual Report for Fiscal Year 2016-2017 and Find the SUMC Parties in Compliance With the Development Agreement. 5.Approval of Amendment Number One to Contract Number S16163447 With Brad Horak Consulting to Provide Public Safety CommunicationsServices, Extending the Period of Performance by Two-years, and Increasing the Total Contract Amount by $40,000 to a Not-to-Exceed Amount of $100,000. 6.Approval of Contract Number C18171028A With SCS Field Services for a Not-to-Exceed Amount of $373,362 for Landfill Gas and Leachate Control Systems Monitoring and Reporting Services at the Palo Alto Landfill for a Term of Three Years. 7.Approval of a 1.5 Year Contract With the Empowerment Institute for $25,000 for Community Engagement Block Program (Continued From April 2, 2018). 8.PUBLIC HEARING: Approval of a Finding That the California Avenue Parking Garage Project (CIP PE-18000) is "Substantially Complex"Under Public Contract Code Section 7201 and Direction to Increase the Contractor Retention Amount From Five Percent to Ten Percent. MOTION FOR AGENDA ITEM NUMBERS 4-6 PASSED: 9-0 MOTION FOR AGENDA ITEM NUMBER 8 PASSED: 8-1 Tanaka no Action Items 9.PUBLIC HEARING: to Hear Objections to the Levy of Proposed Assessments on the Palo Alto Downtown Business Improvement District; and Resolution 9761 Entitled, “Resolution of the Council of the City of Palo Alto Confirming the Report of the Advisory Board and Levying Assessments for Fiscal Year 2019 on the Downtown Palo Alto Business Improvement District.” Public Hearing opened at 8:05 P.M. Public Hearing closed at 8:10 P.M. ACTION MINUTES Page 4 of 13 City Council Meeting Action Minutes: 06/11/18 MOTION: Council Member DuBois moved, seconded by Council Member Holman to adopt a Resolution confirming the report of the Advisory Board and levying an assessment for Fiscal Year 2019 on the Downtown Palo Alto Business Improvement District (BID) and request the Advisory Board conduct a survey of BID membership regarding their satisfaction with the BID. SECOND REMOVED BY THE SECONDER MOTION: Council Member DuBois moved, seconded by Council Member Scharff to adopt a Resolution confirming the report of the Advisory Board and levying an assessment for Fiscal Year 2019 on the Downtown Palo Alto Business Improvement District (BID) and request the Advisory Board conduct a survey of BID membership regarding their satisfaction with the BID. MOTION PASSED: 8-1 Holman no 10.PUBLIC HEARING and PROPOSITION 218 HEARING: Ten Resolutions: Resolution 9762 Entitled, “Resolution of the Council of the City of Palo Alto Approving the Fiscal Year (FY) 2019 Electric Financial Plan;” Resolution 9763 Entitled, “Resolution of the Council of the City of Palo Alto Adopting an Electric Rate Increase of 6 Percent and AmendingUtility Rate Schedules E-1, E-2, E-2-G, E-4, E-4-G, E-4 TOU, E-7, E-7- G, E-7 TOU, and E-14;” Resolution 9764 Entitled, “Resolution of the Council of the City of Palo Alto Approving the FY 2019 Gas Utility Financial Plan;” Resolution 9765 Entitled, “Resolution of the Council of the City of Palo Alto Adopting a Gas Rate Increase of 4 Percent and Amending Utility Rate Schedules G-1, G-2, G-3, and G10;” Resolution 9766 Entitled, “Resolution of the Council of the City of Palo Alto Approving the FY 2019 Wastewater Collection Utility Financial Plan;” Resolution 9767 Entitled, “Resolution of the Council of the City of Palo Alto Adopting a Wastewater Collection Rate Increase of 11 Percent and Amending Utility Rate Schedules S-1, S-2, S-6, and S-7;” Resolution 9768 Entitled, “Resolution of the Council of the City of Palo Alto Approving the FY 2019 Water Utility Financial Plan;” Resolution 9769 Entitled, “Resolution of the Council of the City of Palo Alto Adopting a Water Rate Increase of 3 Percent and Amending Utility Rate Schedules W-1, W-2, W-3, W-4, and W-7;” Resolution 9770 Entitled, “Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedule D-1 to Increase Storm Drain Rates 2.9 Percent per Month per Equivalent Residential Unit for FY 2019;” and Resolution 9771 Entitled, “Resolution of the Council of the City of Palo Alto Adopting a Dark Fiber ACTION MINUTES Page 5 of 13 City Council Meeting Action Minutes: 06/11/18 Rate Increase of 2.9 Percent and Amending Utility Rate Schedules EDF-1 and EDF-2.” Public Hearing opened at 8:33 P.M. Public Hearing closed at 8:39 P.M. MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to adopt Resolutions: A. Approving the FY 2019 Electric Financial Plan; B. Adopting an Electric Rate Increase of 6 Percent and Amending Utility Rate Schedules E-1, E-2, E-2-G, E-4, E-4-G, E-4 TOU, E-7, E-7-G, E-7 TOU, and E-14; C. Approving the FY 2019 Gas Utility Financial Plan; D. Adopting a Gas Rate Increase of 4 Percent and Amending Utility Rate Schedules G-1, G-2, G-3, and G10; E. Approving the FY 2019 Wastewater Collection Utility Financial Plan; F. Adopting a Wastewater Collection Rate Increase of 11 percent and Amending Utility Rate Schedules S-1, S-2, S-6, and S-7; G. Approving the FY 2019 Water Utility Financial Plan; H. Adopting a Water Rate Increase of 3 Percent and Amending Utility Rate Schedules W-1, W-2, W-3, W-4, and W-7; I. Amending Utility Rate Schedule D-1 to Increase Storm Drain Rates 2.9 Percent per Month per Equivalent Residential Unit for FY 2019; and J. Adopting a Dark Fiber Rate Increase of 2.9 Percent and Amending Utility Rate Schedules EDF-1 and EDF-2. MOTION PASSED: 8-1 Tanaka no 11. PUBLIC HEARING LEGISLATIVE AND QUASI-JUDICIAL 250 and 350 Sherman Avenue, Public Safety Building Project: Adoption of: 1) Resolution 9772 Entitled, “Resolution of the Council of the City of Palo Alto Certifying the Final Environmental Impact Report and Adopting Findings and a Mitigation Monitoring and Reporting Program Pursuant to the California Environmental Quality Act for the Project Comprised of a new Public Safety Building at 250 Sherman Avenue ACTION MINUTES Page 6 of 13 City Council Meeting Action Minutes: 06/11/18 and a new Four-story Parking Structure at 350 Sherman Avenue;” 2) an Ordinance Amending the Public Facilities (PF) Zone Development Standards in Chapter 18.28 of Title 18 of the Palo Alto Municipal Code; and 3) a Record of Land Use Action Approving Architectural Review Application [File 17PLN-00257] for a new Four-story Parking Structure at 350 Sherman Avenue to Provide 636 Public Parking Spaces Above and Below Grade. Planning and Transportation Commission Review Recommended Modification to PF Zoning Development Standards on January 31, 2018 (Continued From June 4, 2018). Public Hearing opened at 9:08 P.M. Public Hearing closed at 9:20 P.M. MOTION: Council Member Scharff moved, seconded by Council Member DuBois to: A. Adopt a Resolution certifying the Public Safety Building Project Final Environmental Impact Report (FEIR) and making required findings under the California Environmental Quality Act (CEQA), including findings related to environmental impacts, mitigation measures and alternatives, and adopting a Mitigation Monitoring and Reporting Program (MMRP); B. Adopt an Ordinance modifying the Public Facilities (PF) Zone Development Standards in Chapter 18.28 of Title 18 of the Palo Alto Municipal Code, as recommended by the Planning and Transportation Commission (PTC); and C. Approve a Record of Land Use Action approving Architectural Review Application [File 17PLN-00257] for a new four-story parking structure at 350 Sherman Avenue to provide 636 public parking spaces above and below grade, as recommended by the Architectural Review Board (ARB). INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to have a goal of minimizing zoning exceptions for future projects.” (New Part D) AMENDMENT: Council Member DuBois moved, seconded by Council Member XX to add to the Motion Part D, “excluding the Public Safety Building.” AMENDMENT WITHDRAWN BY THE MAKER ACTION MINUTES Page 7 of 13 City Council Meeting Action Minutes: 06/11/18 AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “direct Staff to return with an additional exemption to Municipal Code Section 18.28.060(e) for Below Market Rate housing.” AMENDMENT RESTATED: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “direct Staff to work with the PTC to study an additional exemption to Municipal Code Section 18.28.060(e) for Below Market Rate housing.” AMENDMENT RESTATED: Council Member Wolbach moved, seconded by Mayor Kniss to add to the Motion, “direct Staff to work with the PTC to study an additional exemption to Municipal Code Section 18.28.060(e) for Below Market Rate housing, in conjunction with other Zoning amendments.” (New Part E) AMENDMENT AS AMENDED PASSED: 5-4 Filseth, Holman, Scharff, Tanaka no INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D, “and consider car lifts and parking that can be repurposed.” AMENDMENT: Council Member Fine moved, seconded by Council Member XX to add to the Motion, “direct Staff to implement dynamic pricing for the parking garage.” AMENDMENT RESTATED: Council Member Fine moved, seconded by Council Member Wolbach to add to the Motion, “direct Staff to consider pricing for the parking garage.” (New Part F) AMENDMENT PASSED: 5-4 DuBois, Filseth, Kou, Scharff no MOTION AS AMENDED RESTATED: Council Member Scharff moved, seconded by Council Member DuBois to: A. Adopt a Resolution certifying the Public Safety Building Project Final Environmental Impact Report (FEIR) and making required findings under the California Environmental Quality Act (CEQA), including findings related to environmental impacts, mitigation measures and alternatives, and adopting a Mitigation Monitoring and Reporting Program (MMRP); B. Adopt an Ordinance modifying the Public Facilities (PF) Zone Development Standards in Chapter 18.28 of Title 18 of the Palo Alto ACTION MINUTES Page 8 of 13 City Council Meeting Action Minutes: 06/11/18 Municipal Code, as recommended by the Planning and Transportation Commission (PTC); C. Approve a Record of Land Use Action approving Architectural Review Application [File 17PLN-00257] for a new four-story parking structure at 350 Sherman Avenue to provide 636 public parking spaces above and below grade, as recommended by the Architectural Review Board (ARB); D. Direct Staff to have a goal of minimizing zoning exceptions for future projects and consider car lifts and parking that can be repurposed; E. Direct Staff to work with the PTC to study an additional exemption to Municipal Code Section 18.28.060(e) for Below Market Rate housing, in conjunction with other Zoning amendments; and F. Direct Staff to consider pricing for the parking garage MOTION AS AMENDED PASSED: 8-0 Tanaka not participating Council took a break from 10:26 P.M. to 10:36 P.M. 13. Accept the City Clerk’s Report Certifying the Sufficiency of an Initiative Petition to Limit Health Care Costs that Hospitals and Medical Clinics May Charge; and Adopt a Resolution Placing the Initiative Petition on the November 2018 Ballot, or Adopt the Petition as an Ordinance Without Alteration, or Provide Other Direction to Staff. MOTION: Mayor Kniss moved, seconded by Council Member Fine to: A. Accept the City Clerk’s Certificate of Sufficiency of the Initiative Petition to Impose Limits on Costs that Hospitals and Clinics May Charge in Palo Alto (“Initiative Measure”); B. Direct Staff to return at a later meeting in June with a Resolution calling for an election to submit the Initiative Measure to the voters at the next General Municipal Election to be held on November 6, 2018; and C. Direct Staff to prepare an objective and fact based analysis of the effects of the Initiative Measure on Palo Alto residents after the City Council Summer Recess. AMENDMENT: Council Member Holman moved, seconded by Council Member XX to remove Part C from the Motion. ACTION MINUTES Page 9 of 13 City Council Meeting Action Minutes: 06/11/18 AMENDMENT FAILED DUE TO THE LACK OF A SECOND MOTION PART C SEPARATED FOR THE PURPOSE OF VOTING MOTION: Mayor Kniss moved, seconded by Council Member Fine to: A. Accept the City Clerk’s Certificate of Sufficiency of the Initiative Petition to Impose Limits on Costs that Hospitals and Clinics May Charge in Palo Alto (“Initiative Measure”); and B. Direct Staff to return at a later meeting in June with a Resolution calling for an election to submit the Initiative Measure to the voters at the next General Municipal Election to be held on November 6, 2018. MOTION: Mayor Kniss moved, seconded by Council Member Fine to: C. Direct Staff to prepare an objective and fact based analysis of the effects of the Initiative Measure on Palo Alto residents after the City Council Summer Recess. SUBSTITUTE MOTION: Council Member Wolbach moved, seconded by Council Member XX to continue this Agenda Item to June 18, 2018. SUBSTITUTE MOTION WITHDRAWN BY THE MAKER AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to replace in the Motion Part B, “direct Staff to return at a later meeting in June” with “direct Staff to poll for a Special Council meeting in July.” AMENDMENT WITHDRAWN BY THE MAKER INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER add to the Motion Part C, “businesses, and City Staff” after “Palo Alto residents.” MOTION AS AMENDED RESTATED: Mayor Kniss moved, seconded by Council Member Fine to: A. Accept the City Clerk’s Certificate of Sufficiency of the Initiative Petition to Impose Limits on Costs that Hospitals and Clinics May Charge in Palo Alto (“Initiative Measure”); and B. Direct Staff to return on June 18, 2018 with a Resolution calling for an election to submit the Initiative Measure to the voters at the next General Municipal Election to be held on November 6, 2018. ACTION MINUTES Page 10 of 13 City Council Meeting Action Minutes: 06/11/18 MOTION: Mayor Kniss moved, seconded by Council Member Fine to: C. Direct Staff to prepare an objective and fact based analysis of the effects of the Initiative Measure on Palo Alto residents, businesses, and City Staff after the City Council Summer Recess. MOTION PARTS A AND B PASSED: 9-0 MOTION PART C PASSED: 6-3 DuBois, Holman, Kou no 12. Accept the City Clerk’s Report Certifying the Sufficiency of the Initiative Petition to Amend the Comprehensive Plan and Zoning Code to Reduce the Maximum Allowable New Office and R&D Development from 1.7 Million Square Feet to 850,000 Square Feet, Subject to Specified Exemptions; and Adopt a Resolution Placing the Initiative Petition on the November 2018 Ballot, or Adopt the Petition as an Ordinance Without Alteration, or Provide Other Direction to Staff. MOTION: Council Member Scharff moved, seconded by Council Member Fine to: A. Accept the City Clerk’s Certificate of Sufficiency of the Initiative Petition to Reduce the Office/R&D Development Cap (“Initiative Measure”); B. Direct Staff to return on July 30, 2018 with a Resolution calling for an election to submit the Initiative Measure to the voters at the next General Municipal Election to be held on November 6, 2018; C. Direct the Mayor to create an ad hoc committee of two or three Council Members to develop a possible measure to amend; D. Direct Staff to hire a consultant to conduct an economic and fiscal impact analysis to the City and the Palo Alto Unified School District including: i. Its effect on the internal consistency of the City’s Comprehensive Plan and coordinated area plans, including the Housing Element, the consistency between planning and zoning, and the limitations on City actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division of Title 7 of the Government Code; ii. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open ACTION MINUTES Page 11 of 13 City Council Meeting Action Minutes: 06/11/18 space. The report may also discuss whether the Initiative Measure would be likely to result in increased infrastructure costs or savings, including costs of infrastructure maintenance, to current residents and businesses; iii. Its impact on the community’s ability to attract and retain business and employment; iv. Its impact on traffic congestion; v. Its impact on Below Market Rate housing; and vi. Its impact on the Stanford Research Park. SUBSTITUTE MOTION: Council Member Kou moved, seconded by Council Member DuBois to: A. Accept the City Clerk’s Certificate of Sufficiency of the Initiative Petition to Reduce the Office/R&D Development Cap (“Initiative Measure”); and B. Direct Staff to return on June 18, 2018 with a Resolution calling for an election to submit the Initiative Measure to the voters at the next General Municipal Election to be held on November 6, 2018. SUBSTITUTE MOTION FAILED: 4-5 DuBois, Filseth, Holman, Kou yes INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D, “but not limited to” after “School District including.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to consider input from Stanford University, non-profits, and the business community.” (New Part D.vii.) AMENDMENT: Council Member DuBois moved, seconded by Council Member Wolbach to replace Part D of the Motion with, “direct Staff to prepare an objective and fact based analysis of the effects of the Initiative Measure on Palo Alto residents, businesses, City Staff after the City Council Summer Recess.” INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Amendment, “and the Palo Alto Unified School District” after “City Staff.” ACTION MINUTES Page 12 of 13 City Council Meeting Action Minutes: 06/11/18 SECOND TO THE AMENDMENT WITHDRAWN BY THE SECONDER AMENDMENT AS AMENDED RESTATED: Council Member DuBois moved, seconded by Council Member Holman to replace Part D of the Motion with, “direct Staff to prepare an objective and fact based analysis of the effects of the Initiative Measure on Palo Alto residents, businesses, and City Staff, and the Palo Alto Unified School District after the City Council Summer Recess.” AMENDMENT AS AMENDED FAILED: 4-5 DuBois, Filseth, Holman, Kou yes MOTION AS AMENDED RESTATED: Council Member Scharff moved, seconded by Council Member Fine to: A. Accept the City Clerk’s Certificate of Sufficiency of the Initiative Petition to Reduce the Office/R&D Development Cap (“Initiative Measure”); B. Direct Staff to return on July 30, 2018 with a Resolution calling for an election to submit the Initiative Measure to the voters at the next General Municipal Election to be held on November 6, 2018; C. Direct the Mayor to create an ad hoc committee of two or three Council Members to develop a possible measure to amend; D. Direct Staff to hire a consultant to conduct an economic and fiscal impact analysis to the City and the Palo Alto Unified School District including but not limited to: i. Its effect on the internal consistency of the City’s Comprehensive Plan and coordinated area plans, including the Housing Element, the consistency between planning and zoning, and the limitations on City actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division of Title 7 of the Government Code; ii. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the Initiative Measure would be likely to result in increased infrastructure costs or savings, including costs of infrastructure maintenance, to current residents and businesses; ACTION MINUTES Page 13 of 13 City Council Meeting Action Minutes: 06/11/18 iii. Its impact on the community’s ability to attract and retain business and employment; iv. Its impact on traffic congestion; v. Its impact on Below Market Rate housing; vi. Its impact on the Stanford Research Park; and vii. Direct Staff to consider input from Stanford University, non- profits, and the business community. MOTION AS AMENDED PASSED: 5-4 DuBois, Filseth, Holman, Kou no State/Federal Legislation Update/Action None. Adjournment: The meeting was adjourned at 1:05 A.M.