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HomeMy WebLinkAbout2018-08-13 City Council Summary MinutesCITY OF PALO ALTO CITY COUNCIL MINUTES Page 1 of 11 Special Meeting August 13, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:00 P.M. Present: DuBois; Filseth arrived at 5:03 P.M., Fine; Holman arrived at 6:20 P.M., 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, Kiely Nose, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, Terence Howzell, and Michelle Flaherty) Employee Organizations: 1) Service Employees International Union, (SEIU) Local 521; 2) Palo Alto Fire Chiefs’ Association (FCA); 3) International Association of Fire Fighters (IAFF), Local 1319; 4) Palo Alto Police Managers’ Association (PAPMA); and 5) Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a) (HR). 2. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Significant Exposure to Litigation Under Section 54956.9(d)(2) (One Potential Case, as Defendant)–Palo Alto-Stanford Fire Protection Agreement Authority: Government Code Section 54956.9(d)(2). MOTION: Council Member Wolbach moved, seconded by Council Member Fine to go into Closed Session. MOTION PASSED: 5-0 Filseth, Holman, Kou, Scharff absent Council went into Closed Session at 5:01 P.M. Council returned from Closed Session at 7:43 P.M. MINUTES Page 2 of 11 City Council Meeting Minutes: 08/13/18 Mayor Kniss announced no reportable action. Agenda Changes, Additions and Deletions Mayor Kniss reported Agenda Item Number 16 was continued to a date uncertain in order to evaluate the implications of Council action taken on July 30, 2018 to revise the office and research and development (R&D) cap. Molly Stump, City Attorney, asked Mayor Kniss to delay action until Staff could determine a date. Council Member Kou requested an informational report of Staff's meeting with residents regarding airplane noise. James Keene, City Manager, indicated Deputy City Manager Flaherty would report on matters pertaining to airplane noise. City Manager Comments James Keene, City Manager, announced that a Colleagues' Memo regarding renter protections would be agendized for a Council discussion in September. Staff was preparing an Ordinance related to mitigating impacts from no-fault evictions of large, multifamily rental units. A discussion of the proposed Ordinance could be agendized as soon as August 27. The Palo Alto Fire Department earned accredited agency status on August 9. Only ten of 874 fire departments in California had achieved accreditation. To remain accredited, the Fire Department must report annual progress in addressing recommendations. Eric Nickel, Fire Chief, stated the Fire Department had been working on accreditation for five years. Thirty-five of the Fire Department's 100 members assisted with the accreditation process in some form. The accreditation process was a model for achieving excellence. Mayor Kniss expressed appreciation for an exemplary Fire Department. Mr. Keene reminded Council Members that the Public Works Department and Development Services had also obtained accreditation. A community meeting regarding grade separations was scheduled for August 23, 2018 from 6:00 to 8:00 P.M. at Mitchell Park. Meetings of the City Council Rail Committee and the Community Advisory Panel were planned for August 15. An emergency repair of a water pipeline located near the Alta Mesa Cemetery would begin on August 20. The utilities undergrounding project along Charleston- Arastradero would resume on August 15. Staff was installing user-activated flashing pedestrian beacons at the east crosswalk of the Churchill-Castilleja MINUTES Page 3 of 11 City Council Meeting Minutes: 08/13/18 intersection. In response to requests from Ohlone Elementary parents, the City will widen the sidewalk path on Amarillo from Louis Road to the school's driveway. Staff continued to work with stakeholders and lobbyists on legislative bills concerning wildfire mitigation, inverse condemnation and electric utilities, renewable energy, accessory dwelling units, terminating residential water service, pension liabilities, and more. Staff would provide a legislative update to the Council in September and hoped to have the City's lobbyists present for the discussion. The Palo Alto Police Department hosted a National Night Out block party on August 7. Police personnel also visited twelve neighborhood block parties for National Night Out. The San Francisco Public Utilities Commission (SFPUC) accepted the City's individual water supply guarantee with the City of East Palo Alto. Molly Stump, City Attorney, requested the Council continue Agenda Item Number 16 to October 1, 2018. Council Member Holman inquired about Council letters to Fire personnel serving on wildfire strike teams. Mr. Keene advised that Staff was preparing the letters and identifying a date for Council recognition of Fire personnel. All personnel had returned to Palo Alto. Council Member Kou thanked the Police Department for increased enforcement and patrols during back to school days. Oral Communications Mayor Kniss apologized to residents for her previous comments in which she misjudged the intensity and complexity of traffic in Palo Alto. A Town Hall meeting pertaining to traffic was scheduled for October 22 in Council Chambers. Dennis Backlund shared a Palo Alto Weekly article regarding near-term actions aimed at assisting residents of the Hotel President. Karen Kao urged the City Council to stand firm against the new owner of the Hotel President and requested the City Council enact an urgency Ordinance to halt the eviction of Hotel President tenants. Nick Selby stated the Planning Department should busy itself with matters other than the application of AJ Capital until AJ Capital demonstrated a far higher level of concern for the residents of the Hotel President. MINUTES Page 4 of 11 City Council Meeting Minutes: 08/13/18 Carol Kipasky remarked that AJ Capital should not be allowed to alter the composition of the current Hotel President. Carol Scott suggested Staff consult with neighbors of the new Public Safety Building and California Avenue parking structure prior to finalizing construction plans for the structures; explore all possible options for parking displaced by construction; allocate parking among all neighborhoods; and reduce parking permits in Residential Preferential Parking Permit (RPP) districts following construction. Rachel Kellerman invited the City Council, Staff, and the community to celebrate Palo Alto High School's centennial by attending events planned throughout the school year. John Vermes indicated AJ Capital would oppose any effort to protect the current residents of the Hotel President. Stephanie Munoz did not believe the City should cooperate with AJ Capital's efforts to redevelop the Hotel President. Iqbal Serang understood San Francisco recently enacted renter protections. Palo Alto Municipal Code Section 9.68.02 referred to a contractual relationship between landlords and tenants that minimized displacement of tenants. Chris Kellogg requested the City Council enforce Municipal Code Sections 9.68.030 and 9.68.040 with respect to tenants of the Hotel President and enact an urgency Ordinance. Andrew Boone concurred with prior comments urging the Council to enact an urgency Ordinance. The City should not construct two new parking structures. Council Member Wolbach requested the City Manager respond to the public comment that the City Council and City Manager allowed the sale of the Hotel President to proceed. James Keene, City Manager, reported the City had no interest in the sale of the Hotel President. Negotiation of the sale was complete prior to the City becoming aware of a potential development project for the site. The Council had expressed a willingness to act quickly and directly within the bounds of its authority and powers. Council Member Wolbach noted the City sent a letter to AJ Capital advising that conversion of the Hotel President to a guest hotel would not comply with existing zoning. MINUTES Page 5 of 11 City Council Meeting Minutes: 08/13/18 Mr. Keene indicated Staff continued to review all rules and regulations in an effort to advise the Council of its position and authority. Council Member Holman asked if any aspect of the proposed Ordinance would be a moratorium on conversions. Molly Stump, City Attorney, reiterated that a private individual or entity owned the Hotel President and sold it to another private individual or entity. The City had no ownership interest or regulatory role in the purchase or sale of private property. State and Federal laws imposed significant limitations on the City's ability to act with respect to tenancy arrangements. The Ellis Act gave owners the right to remove rental units from the rental market, and the City could not override the right. The City could enact reasonable mitigation rules around that. Staff did not believe the current Municipal Code allowed conversion of the Hotel President to a tourist hotel at the current time without a legislative change. AJ Capital took a different position. MOTION: Council Member Wolbach moved, seconded by Council Member DuBois to continue Agenda Item Number 16- PUBLIC HEARING: Adoption of an Ordinance Amending Title 16 of the Palo Alto Municipal Code to Modify and Increase the Citywide Transportation Impact Fee (Chapter 16.59); Indefinitely Suspend Application of the Existing Area-specific Transportation Impact Fees for the Stanford Research Park/El Camino Real CS Zone (Chapter 16.45)… to October 1, 2018. MOTION PASSED: 9-0 Minutes Approval 3. Approval of Action Minutes for the July 30, 2018 Council Meeting. MOTION: Vice Mayor Filseth moved, seconded by Council Member Wolbach to approve the Action Minutes MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member Wolbach moved, seconded by Council Member Scharff to approve Agenda Item Numbers 4-15. 4. Approval of an Agreement Between the City of Palo Alto and the Palo Alto Unified School District for School Resource Officer Services and Shared Funding of the Positions in the Form of Reimbursable Payment (Revenue) to the City, up to $200,000 in Fiscal Year (FY) 2019 and $250,000 in FY2020. MINUTES Page 6 of 11 City Council Meeting Minutes: 08/13/18 5. Approval of a Construction Contract With Waterproofing Associates, Inc. in an Amount Not-to-Exceed $250,298 and Authorization of a Contract Contingency in an Amount Not-to-Exceed $25,030 to Replace the Existing Pavilion Wing Roof at Cubberley Community Center. 6. Resolution 9784 Entitled, “Resolution of the Council of the City of Palo Alto Establishing the Fiscal Year 2018-19 Secured and Unsecured Property Tax Levy for the City of Palo Alto’s General Obligation Bond Indebtedness (Measure N).” 7. Approval of a Blanket Purchase Order With Hill Brothers Chemical Company for a One-year Period in an Amount Not-to-Exceed $464,405 for Bulk Magnesium Hydroxide Slurry for the Regional Water Quality Control Plant, With the Option to Renew for two Additional One-year Periods Not-to-Exceed $464,405 per Year Subject to Consumer Price Index (CPI) Increases. 8. Approval of the Response to the Grand Jury Report on Law Enforcement Mental Health Training. 9. Resolution 9785 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Purchase a Portion of the City’s Natural Gas Requirements From the City of Redding, CA Under Specified Terms and Conditions During Calendar Years 2018 Through 2030, Inclusive.” 10. Resolution 9786 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 Reclamation and Reuse Projects.” 11. Approval of Amendment No. 5 to Contract No. C869 Between the City of Palo Alto and the Board of Trustees of the Leland Stanford Junior University Related to the Regional Water Quality Control Plant's Pretreatment Program as Applied to Stanford. 12. Approval of Amendment No. 1 to Contract No. C17163750 With Biggs Cardosa Associates, Inc. in an Amount Not-to-Exceed $198,514 to Provide Construction Administration Services for the Baylands Boardwalk Improvement Project (PE-14018), for a new Total Not-to- Exceed Amount of $638,506, and to Extend the Term Through June 30, 2019. 13. Approval of an Agreement With Prospect Silicon Valley, for a Not-to- Exceed Amount of $225,000, for a Term of 18 Months, to be Principal MINUTES Page 7 of 11 City Council Meeting Minutes: 08/13/18 Investigator for the City's Fair Value Commuting Project in Cooperation With the Federal Transit Administration. 14. Resolution 9787 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Purchase a Portion of the City’s Verified Emission Reductions Requirements From Carbonfund.org Foundation Under Specified Terms and Conditions During Calendar Years 2018 Through 2027, Inclusive.” 15. Approval to Submit a National Endowment for the Arts Art Works Grant Request for $40,000 to Support Code:ART2 in Downtown Palo Alto in October 2019. MOTION PASSED: 9-0 Action Items 16. PUBLIC HEARING: Adoption of an Ordinance Amending Title 16 of the Palo Alto Municipal Code to Modify and Increase the Citywide Transportation Impact Fee (Chapter 16.59); Indefinitely Suspend Application of the Existing Area-specific Transportation Impact Fees for the Stanford Research Park/El Camino Real CS Zone (Chapter 16.45) and the San Antonio/West Bayshore Area (Chapter 16.46); and Amend the Municipal Fee Schedule to Update the City’s Transportation Impact Fees in Accordance With These Changes, all in Furtherance of Implementation of the Comprehensive Plan. The Citywide Transportation Impact Fee is a One-time fee on new Development and Redevelopment Throughout Palo Alto to Fund Transportation Improvements to Accommodate and Mitigate the Impacts of Future Development in the City. 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 (Continued From May 7, 2018). 17. Resolution 9788 Entitled, “Resolution of the Council of the City of Palo Alto to Join the Santa Clara/Santa Cruz Airport/Community Roundtable.” Michelle Flaherty, Deputy City Manager, reported the Cities Association of Santa Clara County (CASCC) had contacted all city and county governments in Santa Clara and Santa Cruz Counties to invite them to join the Santa Clara/Santa Cruz Airport/Community Roundtable (Roundtable) and to ask them not to amend the materials. The cost estimate for joining the Roundtable was approximately $33,466 per year. The cost could be less and depended on membership, staffing levels, and activities. Staff was planning a detailed update regarding airplane noise issues for the Council in September. MINUTES Page 8 of 11 City Council Meeting Minutes: 08/13/18 Council Member Kou requested an oral report regarding actions taken and planned with respect to airplane noise. Molly Stump, City Attorney, explained that the agendized item was focused on the Roundtable. A full and detailed discussion of airplane noise issues was not agendized. Council Member Kou wanted a brief oral report of the written report for the public's benefit. Ms. Stump added that a more detailed discussion would be scheduled in September. Ms. Flaherty advised that San Francisco International Airport (SFO) was prepared to partner with the City of Palo Alto on temporary noise monitoring in the area. Staff and stakeholders were clarifying details in anticipation of coordinating noise monitoring with SFO. Staff had contacted other cities to determine their interest in and efforts toward noise monitoring. The City's federal lobbyist firm was monitoring progress of the Federal Aviation Administration (FAA) reauthorization bill and stressing the importance of noise control and noise metrics as part of the bill. Staff was committed to responding to each report issued by the FAA. Council Member Kou inquired whether coordination of noise monitoring with other cities would delay the City's implementation of noise monitoring. Ms. Flaherty replied no. The first step was temporary noise monitoring provided by SFO. The second step was consideration of the City providing noise monitoring. The third step was the relationship between the City's noise monitoring and other cities' noise monitoring in a regional context. Darlene Yaplee supported the City's membership in the Roundtable. SFO's project around the ground-based augmentation system (GBAS) could be an opportunity to reduce noise for many cities in the Bay Area. Kerry Yarkin suggested the City pursue a two-pronged approach to airplane noise, membership in the Roundtable and an aggressive legal strategy. Jennifer Landesman did not believe SFO's GBAS program would benefit efforts to reduce airplane noise. Portions of the proposed Resolution should be explained to the broader community. Andrew Boone remarked that no efforts had been made to address the public health impact of airplane noise. Perhaps the number of flights should be limited. MINUTES Page 9 of 11 City Council Meeting Minutes: 08/13/18 Mark Shul commented on the changes in airplane traffic patterns and the need to act quickly. Council Member DuBois asked if the consultant and the manner of operations for the Roundtable had been identified. Ms. Flaherty answered no. CASCC staff would operate the Roundtable until a consultant was hired, at which the consultant's staff would handle operations. MOTION: Council Member DuBois moved, seconded by Council Member Wolbach to: A. Approve and adopt a Resolution to Join the Santa Clara/Santa Cruz Community Roundtable; B. Approve a Memorandum of Understanding Providing for the Continuing Operation of the Santa Clara/Santa Cruz Counties Airport/Community Roundtable; and C. Approve the Santa Clara/Santa Cruz Counties Airport/Community Roundtable Purpose and By-laws to address community noise concerns and make recommendations to the Regional Airports and FAA on noise related issues. Council Member DuBois commented that the community seemed to support the City's membership in the Roundtable. Council Member Wolbach concurred with utilizing an approach of advocacy, regional cooperation, and legal strategy for airplane noise. Mayor Kniss requested Council Member Scharff address the relationship between Santa Clara County and Santa Cruz County and organizational aspects of the Roundtable. Council Member Scharff stated County of Santa Cruz Supervisors McPherson and Leopold were helpful and encouraging in developing the Roundtable. In order to resolve airplane noise, cities needed to speak as a region and with one voice. Each member city would designate a representative to the Roundtable and would have one vote. The membership would hire a consultant and possibly an executive director for the Roundtable. Representatives Eshoo, Panetta, and Khanna initiated the concept of a Roundtable. Council Member Wolbach requested clarification of Item K in the proposed Resolution. MINUTES Page 10 of 11 City Council Meeting Minutes: 08/13/18 Ms. Flaherty explained that elements of the Resolution did not affirm positions taken by the FAA but acknowledged them as part of the operating environment. Vice Mayor Filseth asked if the left turn on the Bodega west route would be relocated south. Mr. Shul indicated the pattern appeared to be changed. Vice Mayor Filseth inquired whether the new location would be over Mountain View. Mr. Shul explained that all airplane turns were controlled by air traffic controllers. The route would be further west such that planes would join the pattern much earlier. Vice Mayor Filseth asked if the migration of the Bodega west route would cause new noise over Mountain View and Los Altos. Mr. Shul advised that the migration appeared to create new noise for Mountain View and Los Altos. He had no data to support his opinion. Vice Mayor Filseth noted an understanding that traffic would be shifted from the Bodega west route to the Bodega east route. The shift's impact on cities could be a consideration. Council Member Kou suggested Palo Alto not forget its own interests while working regionally. She hoped the FAA and airlines would be invited to participate in Roundtable meetings and discussions. Ms. Flaherty indicated that was part of the proposal. Council Member Kou asked if CASCC prepared the Resolution and its language. Ms. Flaherty replied yes. Council Member Holman felt airplane noise was one of the most important topics before the Council. MOTION PASSED: 9-0 MINUTES Page 11 of 11 City Council Meeting Minutes: 08/13/18 18. Designation of Voting Delegate and Alternate for the League of California Cities Annual 2018 Conference, to be Held September 12-14, 2018 in Long Beach, CA. MOTION: Mayor Kniss moved, seconded by Council Member Scharff to designate Council Member Wolbach as the voting delegate for the 2018 League of California Cities Annual Conference. MOTION PASSED: 9-0 Council Member Kou inquired about the Council's ability to discuss business before the League of California Cities during the conference. James Keene, City Manager, reported the business items would be presented to the Council on September 10. Council Member Holman asked if the Council could discuss and amend Staff's recommendations. Mr. Keene answered yes. State/Federal Legislation Update/Action None. Council Member Questions, Comments and Announcements None. Adjournment: The meeting was adjourned at 9:25 P.M.