HomeMy WebLinkAbout2018-10-01 City Council Action Minutes CITY OF PALO ALTO CITY COUNCIL
ACTION MINUTES
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Regular Meeting
October 1, 2018
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:07 P.M.
Present: DuBois, Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach
Absent:
Closed Session
1. CONFERENCE WITH LABOR NEGOTIATIONS.
THIS ITEM HAS BEEN REMOVED.
Special Orders of the Day
2. Proclamation Honoring Cybersecurity Awareness Month
Study Session
3. 980 Middlefield Road [18PLN-00129]: Request for Prescreening of a
Proposal to Amend the Existing Planned Community (PC) 2152 Zoning
in Order to Change the Allowed Use From Mortuary to a Private Club or
Similar use With Collaborative Office Workspaces and Areas for
Workshops and Special Events. The Study Session Will Give the
Council and the Community an Opportunity to Comment on the
Applicant’s Proposal Prior to Submittal of a Formal Application.
Environmental Assessment: Not a Project; any Subsequent Formal
Application Would be Subject to the California Environmental Quality
Act (CEQA). Zoning District: PC 2152 (Continued From September 10,
2018).
NO ACTION TAKEN.
Agenda Changes, Additions and Deletions
None.
Minutes Approval
ACTION MINUTES
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City Council Meeting
Action Minutes: 10/01/18
4. Approval of Action Minutes for the September 10 and 17, 2018 Council
Meetings.
MOTION: Council Member Scharff moved, seconded by Council Member
Wolbach to approve the Action Minutes for the September 10 and 17, 2018
Council Meetings.
MOTION PASSED: 9-0
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Numbers 7, 9,
11, 12a.
Council Member DuBois registered a no vote on Agenda Item Number 7.
Council Member Kou registered a no vote on Agenda Item Number 7.
MOTION: Council Member Scharff moved, seconded by Council Member
Wolbach to approve Agenda Item Numbers 5-12A.
5. Approval of an Extension of the Pilot Phase of the Southgate Residential Preferential Parking Program (RPP) for a Period of six
Months.
6. Approval of Contract Number C19171565 With Brown and Caldwell in
the Total Amount Not-to-Exceed $2,923,357 to Provide Design
Services for Secondary Treatment Process Upgrades (WQ-19001) at
the Regional Water Quality Control Plant.
7. Approval of Contract Amendment Number 2 With Verizon Wireless
Through June 30, 2019, Utilizing the Western State Contracting
Alliance (WSCA), California Participating Addendum for Wireless, Voice
and Broadband Services, Accessories, and Equipment.
8. Resolution 9792 Entitled “Resolution of the Council of the City of Palo
Alto Approving and Attesting to the Veracity of the 2017 Annual Power
Source Disclosure Report.”
9. Resolution 9793 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 ClimeCo Corporation
Under Specified Terms and Conditions During Calendar Years 2018
Through 2027, Inclusive.”
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Action Minutes: 10/01/18
10. Approval of Contract Number C19173445 With Charles Sowers Studio,
LLC in the Not-to-Exceed Amount of $175,000 for the Fabrication and
Delivery of Artwork Associated With the Junior Museum and Zoo
(JMZ); Acceptance of Fund Contributions From the Friends of JMZ; and
Approval of a Budget Amendment in the Art in Public Places Capital
Project (AC-86017) in the Capital Improvement Fund.
11. Adoption of a new Memorandum of Agreement With the Palo Alto
Police Management Association (PAPMA), International Association of
Fire Fighters (IAFF), Local 1319, and Palo Alto Fire Chiefs' Association
(PAFCA); and Approval of a Budget Amendment in the General Fund.
12. Ordinance 5450 Entitled “Ordinance of the Council of the City of Palo
Alto Adding Sections 2.30.620 Through 2.30.690 to Title 2 of the
Administrative Code to Establish Criteria and Procedures for Protecting
Personal Privacy When Considering the Acquisition and use of Surveillance Technologies, and Provide for Ongoing Monitoring and
Reporting (FIRST READING: September 10, 2018 PASSED: 8-1,
Holman no).”
12A. Ordinance 5451 Entitled “Ordinance of the Council of the City of Palo
Alto Amending Chapter 9.68 (Rental Housing Stabilization) of Title 9
(Public Peace, Morals, and Safety) of the Palo Alto Municipal Code to
Require Relocation Assistance for No-fault Eviction for Multifamily
Housing Developments Containing 50 or More Rental Units (Adopted
on FIRST READING on September 17, 2018 (PASSED 8-1 Tanaka
no)).”
MOTION PASSED FOR AGENDA ITEM NUMBERS 5-6, 8, 10, 12: 9-0
MOTION PASSED FOR AGENDA ITEM NUMBER 7: 6-3 DuBois, Kou,
Tanaka no
MOTION PASSED FOR AGENDA ITEM NUMBERS 9, 11, and 12A: 8-1
Tanaka no
MOTION TO RECONSIDER THE CONSENT CALENDAR: Council Member
Scharff moved, seconded by Council Member Wolbach to reconsider approval
of the Consent Calendar.
MOTION TO RECONSIDER PASSED: 9-0
Consent Calendar
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MOTION: Council Member Scharff moved, seconded by Council Member
Wolbach to approve Agenda Item Numbers 5-12A.
5. Approval of an Extension of the Pilot Phase of the Southgate
Residential Preferential Parking Program (RPP) for a Period of six
Months.
6. Approval of Contract Number C19171565 With Brown and Caldwell in
the Total Amount Not-to-Exceed $2,923,357 to Provide Design
Services for Secondary Treatment Process Upgrades (WQ-19001) at
the Regional Water Quality Control Plant.
7. Approval of Contract Amendment Number 2 With Verizon Wireless
Through June 30, 2019, Utilizing the Western State Contracting
Alliance (WSCA), California Participating Addendum for Wireless, Voice
and Broadband Services, Accessories, and Equipment.
8. Resolution 9792 Entitled “Resolution of the Council of the City of Palo
Alto Approving and Attesting to the Veracity of the 2017 Annual Power
Source Disclosure Report.”
9. Resolution 9793 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 ClimeCo Corporation
Under Specified Terms and Conditions During Calendar Years 2018
Through 2027, Inclusive.”
10. Approval of Contract Number C19173445 With Charles Sowers Studio,
LLC in the Not-to-Exceed Amount of $175,000 for the Fabrication and
Delivery of Artwork Associated With the Junior Museum and Zoo
(JMZ); Acceptance of Fund Contributions From the Friends of JMZ; and
Approval of a Budget Amendment in the Art in Public Places Capital
Project (AC-86017) in the Capital Improvement Fund.
11. Adoption of a new Memorandum of Agreement With the Palo Alto
Police Management Association (PAPMA), International Association of
Fire Fighters (IAFF), Local 1319, and Palo Alto Fire Chiefs' Association
(PAFCA); and Approval of a Budget Amendment in the General Fund.
12. Ordinance 5450 Entitled “Ordinance of the Council of the City of Palo
Alto Adding Sections 2.30.620 Through 2.30.690 to Title 2 of the Administrative Code to Establish Criteria and Procedures for Protecting
Personal Privacy When Considering the Acquisition and use of
Surveillance Technologies, and Provide for Ongoing Monitoring and
ACTION MINUTES
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City Council Meeting
Action Minutes: 10/01/18
Reporting (FIRST READING: September 10, 2018 PASSED: 8-1,
Holman no).”
12A. Ordinance 5451 Entitled “Ordinance of the Council of the City of Palo
Alto Amending Chapter 9.68 (Rental Housing Stabilization) of Title 9
(Public Peace, Morals, and Safety) of the Palo Alto Municipal Code to
Require Relocation Assistance for No-fault Eviction for Multifamily
Housing Developments Containing 50 or More Rental Units (Adopted
on FIRST READING on September 17, 2018 (PASSED 8-1 Tanaka
no)).”
MOTION: Council Member Scharff, moved seconded by Vice Mayor Filseth,
third by Council Member Holman to remove Agenda Item Number 7 to be
heard as Agenda Item Number 12B on Action.
Council Member Tanaka registered a no vote on Agenda Item Numbers 9,
11, 12A.
MOTION PASSED FOR AGENDA ITEM NUMBERS 5-6, 8, 10, 12: 9-0
MOTION PASSED FOR AGENDA ITEM NUMBERS 9, 11, 12A: 8-1
Tanaka no
Action Items
12B. (Former Agenda Item Number 7) Approval of Contract Amendment
Number 2 With Verizon Wireless Through June 30, 2019, Utilizing the
Western State Contracting Alliance (WSCA), California Participating
Addendum for Wireless, Voice and Broadband Services, Accessories,
and Equipment.
MOTION: Council Member Scharff moved, seconded by Council Member
Holman to direct Staff to bring this item to the Finance Committee for
consideration.
MOTION PASSED: 9-0
13. Recommendations From the Human Relations Commission (HRC) in
Response to Council Resolution Number 9653 Reaffirming Palo Alto’s
Commitment to a Diverse, Supportive, Inclusive, and Protective
Community (Continued From August 27, 2018).
MOTION: Council Member Wolbach moved, seconded by Council Member
Holman to:
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A. Direct the City Manager to review the City’s policies, procedures and
programs, make any adjustments that may be appropriate, and report
to Council on the City’s alignment with SB54;
B. Direct the City Manager to review the City’s policies, procedures and
programs, make any adjustments that may be appropriate, and report
to Council on the City’s alignment with SB31;
C. Send a letter of endorsement to California State Senator Kevin de Leon
in recognition of the City’s commitment to the values expressed in
SB54;
D. Send a letter of endorsement to California State Senator Ricardo Lara
in recognition of City’s commitment to the values expressed in the
SB31;
E. Adopt Amnesty International’s resolution in support of Refugee
Resettlement in Santa Clara County; and
F. Direct Staff to study and return to Policy and Services Committee with
options for a City ordinance endorsing the United Nations’ Convention
on the Elimination of all forms of Discrimination Against Women
(CEDAW). Staff’s work should include:
i. Affirming the City’s commitment to the principals of the United
Nations convention of the elimination of all forms of
discrimination against women, and
ii. Discussion of the potential for a gender analysis, including
potential focus, scope, and phasing of an analysis, and roles of
City Staff, the HRC, and Council.
AMENDMENT: Council Member Scharff moved, seconded by Mayor Kniss to
add to the Motion Part F:
iii. Policy and Services Committee should return to Council with a
recommendation of one to two areas to focus on;
iv. Priorities should be given to areas where the City can make the
greatest positive impact on the lives of the women and girls in
Palo Alto; and
v. Work generally within existing budgets, and City resources, and
can accomplish goals within one to two years.
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INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to change the Motion Part F. iii to state “a
recommendation with a prioritization of one or two areas of focus.”
AMENDMENT AS AMENDED PASSED: 6-3 Kou, Tanaka, Wolbach no
MOTION AS AMENDED RESTATED: Council Member Wolbach moved,
seconded by Council Member Holman to:
A. Direct the City Manager to review the City’s policies, procedures and
programs, make any adjustments that may be appropriate, and report
to Council on the City’s alignment with SB54;
B. Direct the City Manager to review the City’s policies, procedures and
programs, make any adjustments that may be appropriate, and report
to Council on the City’s alignment with SB31;
C. Send a letter of endorsement to California State Senator Kevin de Leon
in recognition of the City’s commitment to the values expressed in SB54;
D. Send a letter of endorsement to California State Senator Ricardo Lara
in recognition of City’s commitment to the values expressed in the
SB31;
E. Adopt Amnesty International’s resolution in support of Refugee
Resettlement in Santa Clara County; and
F. Direct Staff to study and return to Policy and Services Committee with
options for a City ordinance endorsing the United Nations’ Convention
on the Elimination of all forms of Discrimination Against Women
(CEDAW). Staff’s work should include:
i. Affirming the City’s commitment to the principals of the United
Nations convention of the elimination of all forms of
discrimination against women;
ii. Discussion of the potential for a gender analysis, including
potential focus, scope, and phasing of an analysis, and roles of
City staff, the HRC, and Council;
iii. Policy and Services Committee should return to Council with a
prioritization of one or two areas of focus;
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iv. Priorities should be given to areas where the City can make the
greatest positive impact on the lives of the women and girls in
Palo Alto; and
v. Work generally within existing budgets, and City resources, and
can accomplish goals within one to two years.
MOTION AS AMENDED PASSED: 9-0
Council took a break at 9:39 P.M. and returned at 9:52 P.M.
14. PUBLIC HEARING: Adoption of an Ordinance Amending Palo Alto
Municipal Code (PAMC) Section 18.42.040 Related to Accessory and
Junior Accessory Dwelling (ADU/JADU) Units to Clarify or Modify
Various Provisions Including Setback Requirements for Detached ADU
Basements, Allowance for Setback and Daylight Plane Encroachments
for Detached ADUs, Bonus Lot Coverage and Floor Area Eligibility,
Bonus Floor Area Amount to Match Minimum Unit Size as Established by Building Code, Reduced Height Limit for Detached ADUs Located
Within Identified Eichler Tracts, Replacement Parking Provisions as
Applicable to JADUs, Allowance for Replacement Parking to be Located
Within Driveways Located in Street-side Setbacks, Allowance for
Existing Driveways to be Expanded to Accommodate Replacement
Parking, Allowance for Noncomplying Structures to be Rebuilt as Part
of Conversion to ADU, and Applicable Zoning Districts That Allow ADU
Development; Finding the Ordinance Exempt From Review Under the
California Environmental Quality Act (CEQA) Pursuant to CEQA
Guidelines Section 15061(b)(3); and Discussion of Other Potential
ADU-related Regulations. The Planning & Transportation Commission
Recommended Approval of the Ordinance (Continued from August 27,
2018).
Public Hearing was opened at 10:03 P.M.
Public Hearing was closed at 10:17 P.M.
MOTION: Council Member Fine moved, seconded by Council Member
Scharff to:
A. Find the proposed Ordinance exempt from the provisions of CEQA
pursuant to CEQA Guidelines Section 15061(b)(3); and
B. Adopt an Ordinance amending Palo Alto Municipal Code Section
18.42.040, Accessory and Junior Accessory Dwelling Units.
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AMENDMENT 1: Council Member Scharff moved, seconded by Council
Member Fine to remove “the minimum lot size for the establishment of an
accessory dwelling unit of 5,000 feet” from the Ordinance.
AMENDMENT 2: Council Member Scharff moved, seconded by Council
Member Fine to remove the Owner Occupancy provision from the Ordinance,
Section 18.42.040 a.10.E.
MOTION SPLIT FOR THE PURPOSE OF VOTING
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to direct Staff to investigate private ADU financing
that would provide financing in exchange for deed restricted affordable
ADUs.
AMENDMENT 3: Council Member Tanaka moved, seconded by Council
Member Fine to add to the Motion, “clarify that basements are permitted in
the 20-foot rear yard setbacks for detached ADUs”.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion “eliminate the development
fees for JADUs or for garage conversions.”
AMENDMENT 4: Council Member Wolbach moved, seconded by Council
Member Fine to refer to Staff and the Planning and Transportation
Commission to study the following:
A. Perform additional financial analysis to understand the impacts of
waiving fees;
B. Establish a few ADU template plans that provide an “off the shelf”
approvable project;
C. Create a partnership program that identifies architects who specialize
in ADUs who can be engaged by home owners to streamline the permit
review process;
D. Allow an opt-out provision for homeowners that no longer want to
continue to provide their unit as affordable and require payment of
fees that were waived; and
E. Utilize a third party (e.g. Palo Alto Housing) to administer the
program.
AMENDMENT 4 PASSED: 8-1 Kou no
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AMENDMENT 3 FAILED: 3-6 Fine, Scharff, Tanaka yes
AMENDMENT 2 FAILED: 4-5 Fine, Kniss, Scharff, Tanaka yes
AMENDMENT 1 PASSED: 5-4 Filseth, Holman, Kniss, Kou no
MOTION AS AMENDED RESTATED: Council Member Fine moved,
seconded by Council Member Scharff to:
A. Find the proposed Ordinance exempt from the provisions of CEQA
pursuant to CEQA Guidelines Section 15061(b)(3);
B. Adopt an Ordinance amending Palo Alto Municipal Code Section
18.42.040, Accessory and Junior Accessory Dwelling Units;
C. Direct Staff to investigate private ADU financing that would provide
financing in exchange for deed restricted affordable ADUs;
D. Eliminate the development fees for JADUs or for garage conversions;
E. Remove “the minimum lot size for the establishment of an accessory
dwelling unit of 5,000 feet” from the Ordinance; and
F. Refer to Staff and the Planning and Transportation Commission to
study the following:
i. Perform additional financial analysis to understand the impacts
of waiving fees;
ii. Establish a few ADU template plans that provide an “off the
shelf” approvable project;
iii. Create partnership program that identifies architects who
specialize in ADUs who can be engaged by home owners to
streamline the permit review process;
iv. Allow an opt-out provision for homeowners that no longer want
to continue to provide their unit as affordable and require
payment of fees that were waived; and
v. Utilize a third party (e.g. Palo Alto Housing) to administer the
program.
MOTION AS AMENDED PASSED: 8-1 Kou no
Adjournment: The meeting was adjourned at 11:55 P.M.
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