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Home My WebLink About2018-10-29 City Council Action MinutesCITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 5 Special Meeting October 29, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:05 P.M. Present: DuBois, Filseth, Fine, Holman, Kniss; Kou arrived at 5:06 P.M., Scharff, Tanaka, Wolbach Absent: Closed Session 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2) and (e)(1) Five Potential Cases. MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to go into Closed Session. MOTION PASSED: 8-0 Kou absent Council went into Closed Session at 5:05 P.M. Council returned from Closed Session at 7:08 P.M. Mayor Kniss announced no reportable action. Minutes Approval 2. Approval of Action Minutes for the October 1 and 15, 2018 Council Meetings. MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to approve the Action Minutes for the October 1 and 15, 2018 Council Meetings. MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member DuBois moved, seconded by Council Member Holman, third by Council Member Wolbach to pull Agenda Item Number 6- QUASI-JUDICIAL: 3743 Redwood Circle [17PLN-00272]: Consideration of an ACTION MINUTES Page 2 of 5 City Council Meeting Action Minutes: 10/29/18 Appeal of the Director's Individual Review Approval of a new Two-story, Single Family Home to be heard at a date uncertain. MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to approve Items 3-5. 3. Approval of the Sale of Transferable Development Rights From City Owned Avenidas and College Terrace Buildings to Selected Qualified Buyers; Disbursement of the Sale Proceeds; and Approval of a Budget Amendment in the Community Center Impact Fund. 4. Approval of the Fiscal Year 2018 Re-appropriation Requests to be Carried Forward Into Fiscal Year 2019 and Approve Budget Amendments in Various Funds. 5. Ordinance 5452 Entitled “Ordinance of the Council of the City of Palo Alto Amending Chapter 4.62 (Citywide Minimum Wage) of the Palo Alto Municipal Code to Correct and Clarify That the First Consumer Price Index (CPI) Adjustment to the Minimum Wage Will Occur in 2020 (FIRST READING: October 15, 2018 PASSED: 8-0 Kniss Absent).” 6. QUASI-JUDICIAL: 3743 Redwood Circle [17PLN-00272]: Consideration of an Appeal of the Director's Individual Review Approval of a new Two- story, Single Family Home. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) in Accordance With Guideline Section 15303 (New Construction). Zoning District: R-1 (Single Family Residential). 7. Approval of the Acceptance and Appropriation of State of California Citizens Options for Public Safety (COPS) Funds and Approval of a Budget Amendment in the Supplemental Law Enforcement Services Fund. STAFF REQUESTS THIS ITEM BE PULLED. 8. Approval of the Agreement Between the City of Palo Alto and Racing Hearts, a Nonprofit Corporation, for the Purchase of Automatic External Defibrillators (AEDs) for the Palo Alto Police Department. STAFF REQUESTS THIS ITEM BE PULLED. MOTION PASSED: 9-0 Action Items 9. TEFRA HEARING: Resolution 9797 Entitled “Resolution of the Council of the City of Palo Alto Regarding Conduit Financing for the Lytton Gardens Apartments Project Located at 656 Lytton Avenue, Palo Alto, and ACTION MINUTES Page 3 of 5 City Council Meeting Action Minutes: 10/29/18 Approving the Issuance of Revenue Bonds by the California Municipal Finance Authority for the Purpose of the Acquisition, Rehabilitation, Improvement, and Equipping of Lytton Gardens Apartments.” Public Hearing opened and closed without public comment at 8:14 P.M. MOTION: Council Member Fine moved, seconded by Council Member Scharff to adopt a Resolution approving the issuance of the bonds by the California Municipal Finance Authority (CMFA) for the benefit of Lytton Gardens 1 LP (Borrower). MOTION PASSED: 9-0 10. Direct Staff to Amend Budget Assumptions for Pension Benefit Costs and Complete the Workplans to Address the City Council Fiscal Year (FY) 2019 Adopted Budget Referral to Identify $4 Million in General Fund Savings. MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to: A. Direct Staff, when they develop the next budget, to include the full normal cost for pension benefits in the budget assuming an equivalent of 6.2 percent discount rate, and transfer additional funding beyond CalPERS actuarial determined contribution levels to the 115 Trust Fund; B. Direct Staff to begin work and return with a strategic action plan according to Staff’s recommended Strategic Action workplan; and C. Direct Staff to return to the Finance Committee in November or December 2018 with short term suggestions on reductions in the amount of $4 million that are not detrimental to the organization, CIP, or infrastructure plan and including what it would look like if the remaining gap was funded by the Budget Stabilization Reserve rather than an across the board cut to close the gap. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDED to add to the Motion Part C, “…from the 2019 Fiscal Year Budget in the amount of…” AMENDMENT: Council Member Tanaka moved, seconded by Council Member Holman to remove from the Motion, Part C, “and including what it would look like if the remaining gap was funded by the Budget Stabilization Reserve rather than an across the board cut to close the gap.” AMENDMENT FAILED: 4-5 DuBois, Holman, Kou, Tanaka yes ACTION MINUTES Page 4 of 5 City Council Meeting Action Minutes: 10/29/18 AMENDMENT: Council Member Tanaka moved, seconded by Council Member XX to produce a net reduction of $4 million, which would include approved increases. AMENDMENT FAILED DUE TO THE LACK OF A SECOND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion a new Part D, “Direct Staff to send to the Finance Committee the exploration of the concept of when Staff proposes something above the budget plan, offsets would also be suggested.” AMENDMENT: Council Member Holman moved, seconded by Council Member Tanaka to direct Staff to return to the Finance Committee with options for prioritization of infrastructure projects related to the budget savings. AMENDMENT FAILED: 3-6 Holman, Kou, Tanaka yes MOTION AS AMENDED RESTATED: Council Member Scharff moved, seconded by Vice Mayor Filseth to: A. Direct Staff, when they develop the next budget, to include the full normal cost for pension benefits in the budget assuming an equivalent of 6.2 percent discount rate and transfer additional funding beyond CalPERS actuarial determined contribution levels to the 115 Trust Fund; B. Direct Staff to begin work and return with a strategic action plan according to staff’s recommended Strategic Action workplan; C. Direct Staff to return to Finance Committee in November or December 2018 with short term suggestions on reductions from the 2019 Fiscal Year Budget in the amount of $4 million that are not detrimental to the organization, or our CIP or infrastructure plan, and including what it would look like if the remaining gap was funded by the Budget Stabilization Reserve rather than an across the board cut to close the gap; and D. Direct Staff to send to the Finance Committee the exploration of the concept of when Staff proposes something above the budget plan, offsets would also be suggested. MOTION AS AMENDED PASSED: 8-1 Tanaka no 11. Adoption of an Ordinance Amending the Municipal Code and Adoption of Amendments to Council Procedures and Protocols to Conform to a Seven-member Council; Discussion and Direction to Staff or Referral to ACTION MINUTES Page 5 of 5 City Council Meeting Action Minutes: 10/29/18 the Policy and Services Committee of Additional Discretionary Changes to the Code and/or Council Procedures and Protocols. MOTION: Council Member Scharff moved, seconded by Mayor Kniss to: A. Amend the Municipal Code and Council Procedures and Protocols to conform to a seven-member Council: i. Adopt on first reading an Ordinance amending Municipal Code section 2.04.190 to reduce number of Council Members on Finance and Policy and Services from four to three and Section 12.10.060 to change the votes required to resolve a certain type of appeal from five to a majority; ii. Amend the Council Procedures and Protocols to reduce four to three the number of Council Members who may sign a Colleagues’ Memo and who may serve on an Ad Hoc Committee; and B. Refer to Policy and Services additional discretionary changes to the Municipal Code and/or Procedures and Protocols. AMENDMENT: Council Member Holman moved, seconded by Council Member Kou to require two City Council members to remove an item from the Consent Calendar. AMENDMENT FAILED: 4-4-1 Dubois, Holman, Kou, Tanaka yes, Fine abstain MOTION PASSED: 9-0 Adjournment: The meeting was adjourned in remembrance of those who lost their lives and the families left behind in the senseless shooting at Tree of Life Synagogue in Pittsburgh, Pennsylvania on October 27, 2018 at 10:54 P.M.