HomeMy WebLinkAboutStaff Report 9837
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
November 19, 2018
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the October 29 and November 5, 2018
Council Meetings
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
• Attachment A: 10-29-18 DRAFT Action Minutes (DOCX)
• Attachment B: 11-05-18 DRAFT Action Minutes (DOCX)
Department Head: Beth Minor, City Clerk
Page 2
CITY OF PALO ALTO CITY COUNCIL
DRAFT 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
DRAFT ACTION MINUTES
Page 2 of 5
City Council Meeting
Draft 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
DRAFT ACTION MINUTES
Page 3 of 5
City Council Meeting
Draft 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
DRAFT ACTION MINUTES
Page 4 of 5
City Council Meeting
Draft 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
DRAFT ACTION MINUTES
Page 5 of 5
City Council Meeting
Draft 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.
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 4
Special Meeting
November 5, 2018
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:09 P.M.
Present: DuBois, Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka,
Wolbach
Absent:
Special Orders of the Day
1. Recognition of the Palo Alto Firefighters who Responded to the
Wildland Fires.
Study Session
2. Study Session With Senator Hill.
Closed Session
3. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION
Subject: A R Automotive LLC dba Anderson Honda v. City of Palo Alto
Santa Clara County Superior Court Case No. 17CV320173
Authority: Government Code Section 54956.9(d) (1).
Subject: James Judge Luckey v. City of Palo Alto
Santa Clara County Superior Court Case No. 16CV303728
Authority: Government Code Section 54956.9(d) (1).
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2) and (e)(1) Four Potential
Cases.
4. 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,
Tori Anthony, Molly Stump, Terence Howzell, and Michelle Flaherty)
Employee Organizations: 1) Service Employees International Union,
(SEIU), Local 521; 2) Hourly Unit Service Employees International
DRAFT ACTION MINUTES
Page 2 of 4
City Council Meeting
Draft Action Minutes: 11/05/18
Union (SEIU-H), Local 521; 3) Palo Alto Fire Chiefs’ Association (FCA);
4) International Association of Fire Fighters (IAFF), Local 1319;
5) Palo Alto Peace Officers’ Association (PAPOA); 6) Palo Alto Police
Management Association (PAPMA); and 7) Utility Management
Professional Association of Palo Alto (UMPAPA)
Authority: Government Code Section 54957.6(a).
MOTION: Vice Mayor Filseth moved, seconded by Council Member Wolbach
to go into Closed Session.
MOTION PASSED: 9-0
Council went into Closed Session at 6:35 P.M.
Council returned from Closed Session at 8:57 P.M.
Mayor Kniss announced no reportable action.
James Keene, City Manager advised that Agenda Item Number 4-
CONFERENCE WITH LABOR NEGOTIATORS… was not heard and will be heard
on November 19, 2018.
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 6-
Adoption of a Resolution Authorizing the City Manager to Purchase a Portion
of the City’s Verified Emission Reductions…
MOTION: Council Member Scharff moved, seconded by Council Member
Wolbach to approve Agenda Item Numbers 5-15.
5. Selection of Applicants to Interview on November 27, 2018 for the
Architectural Review Board, the Parks & Recreation Commission, and
the Planning & Transportation Commission.
6. Resolution 9798 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 (VER) Requirements From ACT
Commodities, Inc. Under Specified Terms and Conditions During
Calendar Years 2018-2027, Inclusive.”
7. Approval of Amendment Number 3 to Contract Number C15155378
With Carollo Engineers for Engineering Services During Construction of
the Plant Repair, Retrofit, and Equipment Replacement Project
(WQ-19002) at the Regional Water Quality Control Plant to Increase
DRAFT ACTION MINUTES
Page 3 of 4
City Council Meeting
Draft Action Minutes: 11/05/18
Compensation by $67,000 for a Total Not-to-Exceed Amount of
$358,335 and to Extend the Contract Term Through March 31, 2019.
8. Ordinance 5453 Entitled, “Ordinance of the Council of the City of Palo
Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code to
Amend Requirements Relating to Accessory Dwelling Units and Junior
Accessory Dwelling Units (FIRST READING: October 1, 2018
PASSED: 8-1 Kou no).”
9. Approval of new Three-year Operating Agreements With
TheatreWorks, Palo Alto Players, and West Bay Opera; and authorize
the City to Hold new Revenues Paid by the City’s Resident Theatre
Companies in Reserve to Help Fund Facility Improvements at the Lucie
Stern Community Theatre.
10. Approval of Amendment Number 1 to Contract Number C18170810C
Between the City of Palo Alto and Grassroots Ecology for Habitat
Restoration at Foothills Park, Which Approves Assignment of Contract
and use of Volunteers.
11. Approval of Amendment Number 1 to the Amended and Restated
Stewardship Agreement Between the City of Palo Alto and Grassroots
Ecology for the Preservation, Protection, and Enhancement of the Enid
W. Pearson Arastradero Nature Preserve Through June 30, 2022.
12. Resolution 9799 Entitled, “Resolution of the Council of the City of Palo
Alto Summarily Vacating a Public Utility Easement at 3001 El Camino
Real.”
13. Adoption of the Fiscal Year 2019 Investment Policy.
14. Approval of a Joint Use Agreement With Santa Clara Valley Water
District Regarding the Highway 101 Pedestrian/Bicycle Overpass
Capital Improvement Project (CIP PE-11011).
15. Approval of Contract Amendment Number 2 With Verizon Wireless
Through June 30, 2019, Utilizing the Western State Contracting
Alliance (WSCA) Contract, California Participating Addendum, for
Wireless, Voice and Broadband Services, Accessories and Equipment.
MOTION FOR AGENDA ITEM NUMBERS 5, 7-15 PASSED: 9-0
MOTION FOR AGENDA ITEM NUMBER 6 PASSED: 8-1 Tanaka no
DRAFT ACTION MINUTES
Page 4 of 4
City Council Meeting
Draft Action Minutes: 11/05/18
Action Items
16. PUBLIC HEARING: QUASI-JUDICIAL: 250 Sherman Avenue, Public
Safety Building [17PLN-00256]: Approval of an Application for
Architectural Review for a new Public Safety Building, Three Stories
Above Grade With 45,400 to 48,000 Square Feet of Floor Area Above
Grade, two Basement Levels With Usable Floor Area Within the First
Basement Level, Five Surface Parking Spaces Within a Fenced Area
and 143 Below Grade Parking Spaces (Including 12 Stalls in Tandem
Arrangement), two Operational Site Buildings Accessory to the Public
Safety Building, and Site Improvements, With Approval of Adjusted
Setbacks and Height per Ordinance Number 5445, and Adoption of a
Record of Land Use Action. City Council Certified the Environmental
Impact Report and Adopted the Public Facilities Amendment Ordinance
on June 11, 2018. Zone District: PF (Public Facilities).
Public Hearing opened at 9:42 P.M.
Public Hearing closed at 9:46 P.M.
MOTION: Council Member Fine moved, seconded by Vice Mayor Filseth to
approve the Architectural Review application for a new public safety building
and related facilities that includes modifications to development standards
related to setbacks and height and adopt an associated Record of Land Use
Action.
MOTION PASSED: 9-0
State/Federal Legislation Update/Action
None.
Adjournment: The meeting was adjourned at 10:45 P.M.