HomeMy WebLinkAbout2018-12-17 City Council Summary Minutes (2)CITY OF PALO ALTO CITY COUNCIL
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Special Meeting
December 17, 2018
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 4:42 P.M.
Present: DuBois arrived at 5:15 P.M., Filseth, Fine, Holman, Kniss; Kou
arrived at 5:00 P.M., Scharff, Tanaka, Wolbach
Absent:
Special Orders of the Day
1. Proclamation Expressing Appreciation and Honoring City Manager James
R. Keene on his Retirement.
Members of the Executive Leadership Team and Mayor Kniss read the
Proclamation into the record.
Assemblymember Marc Berman remarked that Mr. Keene had managed well
the many personalities of the Council, Staff, and the community to achieve
positive outcomes. He appreciated Mr. Keene serving as his personal advisor
while he served on the City Council. The City had been lucky to have Mr.
Keene as City Manager.
Ed Shikada, Assistant City Manager, presented Mr. Keene with certificates and Proclamations from Congresswoman Anna Eshoo, Senator Kamala Harris, and
Senator Dianne Feinstein.
Sean Carpentier, City of East Palo Alto Interim City Manager, thanked Mr.
Keene for his leadership. Mr. Keene embodied the highest level of public
leadership. The two cities had worked well together to achieve success.
Elizabeth Alexis appreciated Mr. Keene's willingness to engage in conversation
with residents and his understanding of the community.
Bob Moss thanked Mr. Keene for his service and dedication to Palo Alto. Mr.
Keene had responded capably and responsibly to unexpected issues and had
successfully resolved them.
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Arthur Lieberman remarked that Mr. Keene had led the City through many
problems. He hoped Mr. Keene could say that his time in Palo Alto had been
his personal best.
Council Member Wolbach could not imagine Palo Alto without Mr. Keene as
City Manager. Mr. Keene had managed the many opinions of residents well.
He appreciated Mr. Keene encouraging the Council to consider and to prepare
for long-term problems.
Council Member Scharff acknowledged Mr. Keene's intelligence and vision for
the City. Mr. Keene had improved every City department and City government
overall. He had enjoyed working with Mr. Keene.
Council Member Fine noted the City's accomplishments in the prior eight years
under Mr. Keene's leadership. Mr. Keene had spent his life studying
government and leadership and being a leader. Working with Mr. Keene had
been a true pleasure.
Council Member Holman shared a Richard Bach poem regarding friends and
farewells.
Vice Mayor Filseth thanked Mr. Keene for his many tangible and intangible
contributions to the City, his wisdom, and his leadership.
Mayor Kniss advised that Mr. Keene and she had worked closely and
successfully when she served on the Santa Clara County Board of Supervisors.
When campaigning for the City Council in 2012, she looked forward to working
with Mr. Keene again. Meeting Mr. Keene's family had underscored Mr.
Keene's ability to guide others.
James Keene, City Manager, remarked that he had served as Palo Alto's City
Manager longer than he had served in any other role. He admired the Council
for setting Priorities each year. He had fulfilled the commitment he made when the Council hired him. The Council, City Staff, and the community had
accomplished a great deal over the past ten years. He acknowledged Staff's
running of the City day in and day out, even though they were often taken for
granted and criticized. The City could not operate without its Staff. The
organization and the community would get better with Mr. Shikada serving as
City Manager. He thanked the Council for providing him the opportunity and
honor of serving the Council, community, and Staff. His work on behalf of
cities would continue as Citizen Jim Keene in the future.
Agenda Changes, Additions and Deletions
None.
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City Manager Comments
James Keene, City Manager, reported the signing ceremony for agreements related to the Highway 101 Bicycle/Pedestrian Bridge was held the morning of
the meeting. Completion of the first phase of the flood protection project was
a major milestone and an improvement in life safety. Natural gas rates for
the month were higher than usual, and Staff expected the higher rates to
continue throughout the winter. The State Water Resources Control Board
approved the original Bay-Delta Water Quality Control Plan and Final
Environmental Impact Report (FEIR) and directed staff to develop and
evaluate the proposed voluntary settlement agreement for the Tuolumne
River and to consider it as a part of the comprehensive analysis of the Delta
Watershed in 2019.
Mayor Kniss understood the bike bridge groundbreaking could occur in the
spring of 2019.
Oral Communications
Dennis Backlund believed the various activities of Hotel President residents
contributed to the cultural life of Palo Alto. The eviction of residents was
scheduled for January 31, 2019, which was the height of the rainy season. He
requested the Council recommend AJ Capital allow residents of the Hotel
President to remain in their homes until the Council approved AJ Capital's
development project.
Arthur Keller encouraged the Council to include a tunnel with a surface freight
line in South Palo Alto as an option for the Rail Corridor. This option would
avoid the problem of the creek and the trench. The next meeting appeared
to be a Regular Meeting of the Council; therefore, all reports for agenda items
should have been available 11 days prior to the meeting. City Manager Reports should be available 11 days prior to a Special Meeting when the
Special Meeting was held on a regularly scheduled date.
Iqbal Serang noted Hotel President residents would be evicted on January 31.
Many residents hoped the owner would grant a short extension if the Council
requested it. Perhaps the Council could make some sort of gesture on behalf
of the residents.
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Minutes Approval
2. Approval of Action Minutes for the December 3 and December 10, 2018
Council Meetings.
MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to
approve the Action Minutes for the December 3 and December 20, 2018
Council Meetings.
MOTION PASSED: 9-0
Consent Calendar
Molly Stump, City Attorney, reported Sections 16.58.030(g), 16.59.040(g),
and 16.60.040(g) of the Ordinance for Agenda Item Number 18 should be
revised to delete both instances of "detached" and to change both instances
of "garage" to ""garage or carport."
Council Member Holman registered a no vote on Agenda Item Number 18.
MOTION: Council Member Holman moved, seconded by Council Member Kou,
third by Council Member DuBois to pull Agenda Item Number 3, “Adoption of
the Urban Forest Master Plan Second Edition”, to a date uncertain and Agenda
Item Number 19, “Finance Committee Recommends the City Council Approve
the $4 Million in General Fund Savings…” to the next City Council Meeting.
James Keene, City Manager, indicated Staff responded to Council Member
questions regarding Agenda Item Number 15 late in the afternoon of the
meeting.
Council Member Scharff remarked that removing Agenda Item Number 15 and
continuing it to a date in 2019 would result in Caltrain proceeding without the
City's input. Removing Agenda Item Number 15 would be unfortunate.
Council Member Holman related that she notified the City Manager of her wish
to pull Agenda Items from the Consent Calendar and anticipated hearing Agenda Item Number 15 during the meeting. She had not seen Staff's
responses to questions.
Mayor Kniss believed Agenda Item Number 15 would require a lengthy
discussion.
Council Member Holman proposed Council Members submit their comments
regarding Agenda Item Number 15 to Staff so that Staff could incorporate
them into a City response to Caltrain.
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Council Member Scharff concurred.
Council Member Holman recalled a previous instance of Council Members providing their comments to the City Manager, who incorporated them into
the City's response.
Ms. Stump advised that the Council could pass Agenda Item Number 15 during
the meeting and then submit comments as individual Council Members to be
passed on to Caltrain. Under the Brown Act and Council Procedures, Council Members could not make individual comments that were aggregated and
incorporated by Staff into a final action. The Caltrain action was the subject
of at least one Rail Committee meeting and dozens of meetings between Staff
and Caltrain. The chances of Caltrain adopting additional significant changes
were extremely low.
Mr. Keene recommended the Council approve Agenda Item Number 15, and
individual Council Members submit their comments to Staff, who would relay
Council comments to Caltrain. The likelihood of changing the agreement was
highly unlikely.
Council Member Holman expressed frustration that the Rail Committee was
not reporting often to the Council and that the full Council could not voice its
opinions.
Council Member DuBois asked if Staff provided an at-places memorandum for
Agenda Item Number 15.
Mayor Kniss indicated the responses were provided via email.
Mr. Keene stated the real issue related to Agenda Item Number 19 was the
ongoing adjustment that would be included in the preparation of the Fiscal
Year 2020 Budget. Staff's ability to accomplish the recommendation could
occur if the Council discussed Agenda Item Number 19 in January.
Council Member Scharff requested the Council hear Agenda Item Number 19
during the meeting.
Council Member Kou had indicated she did not oppose Agenda Item Number
19; she opposed it being presented on the Consent Calendar.
Council Member Tanaka registered no votes on Agenda Item Numbers 17 and
18.
Ms. Stump reported she had revised the Ordinance in Agenda Item Number
18, and the Council's vote would include the corrections.
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Council Member Kou registered no votes on Agenda Item Numbers 13, 15, 18,
and 20.
MOTION: Council Member Scharff moved, seconded by Council Member Fine
to approve Agenda Item Numbers 4-17, 18 as amended by Staff, and 20.
Elizabeth Alexis, speaking regarding Agenda Item Numbers 15 and 18,
enumerated the items in the Caltrain agreement that would affect the City.
Most of the accessory dwelling unit (ADU) projects did not fall within one of
the four ADU categories. The fee process should be simplified.
Apurb Kumar, speaking regarding Agenda Item Number 18, inquired whether
the revisions to the proposed Ordinance would result in no distinction between
attached and detached ADUs.
Ms. Stump advised that that was the general rule; however, Mr. Kumar should
discuss a specific project with the Planning Department.
Arthur Keller, speaking regarding Agenda Item Numbers 15, 17, and 19,
objected to the Council registering no votes and pulling items prior to public
comment. The broadcast of KZSU did not appear to be included in Phase IV
of Agenda Item Number 17, and the broadcast should continue. Most of the
$4 million savings were one-time savings; therefore, the same structural
problems would arise the following year. Agenda Item Number 15 should be
pulled so that the Rail Committee's comments could be endorsed by the
remaining members of the Council.
Nielson Buchanan, speaking regarding Agenda Item Number 15, trusted
comments from Californians Advocating Responsible Rail Design (CARRD),
and CARRD had suggested Agenda Item Number 15 deserved attention. He
supported developing a coordinated area plan for the north part of the Rail
Corridor. Agenda Item Number 15 was more complicated than the Staff
Report presented.
Michelle Flaherty, Deputy City Manager, reported the radio broadcast of
meetings would continue with the approval of Agenda Item Number 17, it was
not a part that being cut.
Council Member DuBois registered a no vote on Agenda Item Number 15.
3. Adoption of the Urban Forest Master Plan Second Edition.
4. Approval of Amendment Number 4 to Contract Number S16159017 With
SZS Consulting Group in the Amount of $85,880 for the Americans With
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Disability Act (ADA) Transition Plan Update Project (Capital
Improvement Project PF-93009).
5. Approval of Amendment Number 1 to Contract Number C18168154 With
SWA Services to Provide Janitorial Services in the Police Department for
the Amount of $377,150 over the Contract's Five-year Term, Including
$335,025 for Basic Services and $42,125 for Additional Services, for a
Total Five-year Contract to Provide Citywide Janitorial Services Not-to-
Exceed Amount of $11,029,765.
6. Resolution 9807 Entitled “Resolution of the Council of the City of Palo
Alto Declaring the Results of the Consolidated Municipal Election Held
on November 6, 2018.”
7. QUASI-JUDICIAL: 2515-2585 El Camino Real [18PLN-00187]: Request
Approval of a Final Map for a 0.96 Acre Site at 2515 and 2585 El Camino
Real [18PLN-00187] for Condominium Purposes for 13 Residential Units
and up to 13 Retail Commercial Units With Access and Utility Easements.
Environmental Assessment: Previously Adopted Initial Study/Mitigated
Negative Declaration Prepared for the Associated Development
Application (15PLN-00170), Zoning District: CN and CC(2).
8. Resolution 9808 Entitled “Resolution of the Council of the City of Palo
Alto Approving Revisions to the City of Palo Alto Energy Risk
Management Policy.”
9. Approval of an Amendment to Contract Number C14151181 With SAP
America to Extend the Term for Two-years for Maintenance and Support
of the ERP System in the Not-to-Exceed Amount of $495,168.
10. Approval of Amendment Number 3 to Contract Number C17156080 With
Lexington Planning to Extend the Term for One-year for $32,000 to
Provide Long-range Planning Support.
11. Approval of Amendment Number 1 to Contract Number C18170335 With
Concordia, LLC for Professional Services for Cubberley Community
Center Master Plan and Visioning to Increase the Not-to-Exceed Amount
by $43,720 and to Include Greendell School and 525 San Antonio Road
Sites to the Scope of Services; and Authorize the City Manager to
Execute Amendment Number 1 to the Mutual Cooperation and Cost
Share Agreement Between the City of Palo Alto and the Palo Alto Unified
School District Related to Cubberley Community Center Master Plan
Consultants to add the Additional Scope and Costs to the Agreement for
up to $21,860; and Approve a Budget Amendment in the Cubberley
Property Infrastructure Fund.
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12. Resolution 9809 Entitled “Resolution of the Council of the City of Palo
Alto Amending and Restating the Administrative Penalty Schedule for Violations of Chapter 4.42 (Taxicabs and Other For-Hire Vehicles) of the
Palo Alto Municipal Code.”
13. Authorization for the City Manager to Extend the Existing Pilot Program
to Allow the use of Autonomous Robots, Also Known as Personal Delivery
Devices (PDDs).
14. Approval of Amendment Number 2 to Contract Number S16163031 With
Triple HS Inc., dba H.T. Harvey & Associates, to Increase the Contract
by $31,150 to Extend the Term Through December 31, 2021 and add
Additional Services, for a Total Not-to-Exceed Amount of $54,029 for
the San Francisquito Creek Pump Station Riparian Mitigation Monitoring.
15. Authorization for the City Manager to Enter Into a Comprehensive
Agreement With the Peninsula Joint Powers Board on the Caltrain
Peninsula Corridor Electrification Project.
16. Policy and Services Committee Recommends the City Council Accept the
Auditor’s Office Quarterly Report as of September 30, 2018.
17. Finance Committee Recommends Council Approve an Audio-Visual
Project for Legislative Meeting Management and Improved Community
Engagement.
18. Ordinance 5456 Entitled “Ordinance of the Council of the City of Palo
Alto Amending Palo Alto Municipal Code (PAMC) Title 16, Chapters 16.58
(Development Impact Fees), 16.59 (Citywide Transportation Impact
Fees), and 16.60 (Charleston Arastradero Corridor Pedestrian and
Bicyclist Safety Impact Fee) to add Development Impact Fee
Exemptions for Junior Accessory Dwelling Units and Certain Accessory Dwelling Units Established by Garage Conversion (FIRST READING:
December 3, 2018 PASSED: 6-3 Holman, Kou, Tanaka No).”
19. Finance Committee Recommends the City Council Approve the $4 Million
in General Fund Savings and Approve Corresponding Budget
Amendments in Various Funds and the Table of Organization.
20. Approval of the Appointment of Council Member Fine as the Alternate to
the Santa Clara Valley Transportation Authority (VTA) Group 2 Cities
Working Group.
MOTION PASSED FOR AGENDA ITEM NUMBERS 4-12, 14, 16: 9-0
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MOTION PASSED FOR AGENDA ITEM NUMBER 13: 8-1 Kou no
MOTION PASSED FOR AGENDA ITEM NUMBER 15: 7-2 DuBois, Kou no
MOTION PASSED FOR AGENDA ITEM NUMBER 17: 8-1 Tanaka no
MOTION PASSED FOR AGENDA ITEM NUMBER 18: 6-3 Holman, Kou,
Tanaka no
MOTION PASSED FOR AGENDA ITEM NUMBER 20: 8-1 Kou no
Council Member Tanaka felt technology other than proprietary technology would be less costly. People were switching from television to live streams.
The proposal was not a good use of City funds. Development projects should
provide full cost recovery. Eliminating the fee for ADUs was unfair to prior
applicants who had paid ADU fees.
Council Member Kou opposed Agenda Item Number 13 because the Council
would not receive a report regarding the pilot program. She concurred with
Ms. Alexis' comments regarding Agenda Item Number 15. She expressed
concerns regarding impacts to the El Palo Alto historic area. She had
requested a report of trees proposed for removal. She opposed Agenda Item
Number 18 because fees should provide full cost recovery and fees were not
linked to affordability. Placing Agenda Item Number 20 on the Consent
Calendar assumed that all Council Members would support the item. She
preferred a public vote.
Council Member Holman indicated her vote for Agenda Item Number 18 was
consistent with prior votes.
Council Member DuBois believed Caltrain could address his concerns regarding
the impact of staging areas on trees and attachments to the historic bridge
and his interest in single poles and the details for pole placement.
Adjournment: The meeting was adjourned at 6:31 P.M.