HomeMy WebLinkAboutStaff Report 7269
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 6, 2016
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the August 22, 2016 Council Meeting
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
Attachement A: 08-22-16 DRAFT Action Minutes (DOC)
Department Head: Beth Minor, City Clerk
Page 2
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
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Special Meeting
August 22, 2016
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:36 P.M.
Present: Berman, Burt arrived at 5:45 P.M., DuBois, Holman, Kniss,
Scharff, Schmid, Wolbach
Absent: Filseth
Closed Session
1. CONFERENCE WITH CITY ATTORNEY
Subject: Written Liability Claim Against the City of Palo Alto by Gilles
Boccon-Gibod (Claim No. C16-0026)
Authority: Government Code Section 54956.9.
MOTION: Council Member Wolbach moved, seconded by Council Member
Berman to go into Closed Session.
MOTION PASSED: 5-0 Berman, DuBois, Scharff, Schmid, Wolbach yes,
Holman, Kniss not participating, Burt, Filseth absent
Council went into Closed Session at 5:38 P.M.
Council returned from Closed Session at 5:59 P.M.
Mayor Burt announced the Council voted (7-0 Burt, Filseth absent) to
authorize a settlement in the matter of Claim No. C16-0026, filed by Gilles
Boccon-Gibod. The matter settled for $59,434.42.
Special Orders of the Day
2. Proclamation of the City Council Honoring Robert Kelley.
DRAFT ACTION MINUTES
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City Council Meeting
Draft Action Minutes: 08/22/16
Agenda Changes, Additions and Deletions
None.
Consent Calendar
MOTION: Vice Mayor Scharff moved, seconded by Council Member Kniss to
approve Agenda Item Numbers 3-10, including changes outlined in the At
Place Memorandum for Agenda Item Number 8- Approval of Contract
Amendment Number 4 With Van Scoyoc Associates Inc…
3. Approval and Authorization of the City Manager to Execute a Contract
With Builders Protection, LLC in a Total Not-to-Exceed Amount of
$4,620,000 for Three Years for Water, Gas, Wastewater, Electric,
Storm Drain, and Street Resurfacing Construction Inspection Services;
and Finding That the Contract’s Approval is not a Project Requiring
California Environmental Quality Act Review.
4. Resolution 9618 Entitled, “Resolution of the Council of the City of Palo
Alto Correcting Clerical Errors in two Items Previously Approved as
Part of the Palo Alto Clean Local Energy Accessible Now (CLEAN)
Program.”
5. Approval of Contract Number C16163335 With Sierra Traffic Markings,
Inc. in the Amount of $850,000 to Provide On-call Traffic Safety
Services, Allowing Them to Implement Minor Roadway Improvements
in Response to Community Service Requests.
6. Approval of a Revenue Agreement With the County of Santa Clara in
the Amount of $250,000 Over two Years for Support of Intensive Case
Management in Connection With Housing Subsidies to be Provided by
the County of Santa Clara for Palo Alto’s Homeless.
7. Policy and Services Committee Recommendation to City Council for
Next Steps in the City's Neighborhood Engagement Initiative
Including: Establishing a Yearly Goal of Three Town Hall Meetings;
Updating the Co-Sponsorship Agreement; Adopting a List of
Neighborhood Associations; and Amending the Annual Budget to
DRAFT ACTION MINUTES
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Draft Action Minutes: 08/22/16
Reduce the General Fund and Increase the General Liabilities
Insurance Program Fund by $5,000.
8. Approval of Contract Amendment Number 4 (Contract Number
C12146667) With Van Scoyoc Associates Inc. for Federal Legislative
Representation to Extend the Contract for two Years Through July 31,
2018 and add $202,000 for a Total Not-to-Exceed Amount of
$606,000.
9. Approval of an Amendment to the Existing Joint Powers Authority
Agreement With the Silicon Valley Regional Interoperability Authority
to Include Participation by the Santa Clara Valley Transit Authority.
10. Approval for the Consolidation of the Unscheduled Vacancy on the
Planning and Transportation Commission With the Fall 2016 Board and
Commission Recruitment.
MOTION PASSED: 8-0 Filseth absent
Action Items
11. Resolution 9691 Entitled, “Resolution of the Council of the City of Palo
Alto Adopting a Net Energy Metering Successor Rate E-EEC-1 (Export
Electricity Compensation); Establishing the Net Energy Metering
Transition Policy; and Amending Rule and Regulation 2 (Definitions
and Abbreviations) and 29 (Net Energy Metering and Interconnection)
(Continued From June 27, 2016).”
MOTION: Vice Mayor Scharff moved, seconded by Council Member Holman
to adopt a Resolution adopting a Net Energy Metering (NEM) Successor Rate,
E-EEC-1 (“Export Electricity Compensation”) and amending Utilities Rule and
Regulation 2 (“Definitions and Abbreviations”) and 29 (“Net Energy Metering
and Interconnection”); and direct Staff to return with options and a
recommendation for the NEM Transition Policy.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, “to Council within four
months” after “direct Staff to return.”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add at the end of the Motion, “return to Council
DRAFT ACTION MINUTES
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City Council Meeting
Draft Action Minutes: 08/22/16
within one year of reaching the cap from the expiring NEM program with a
report describing other NEM programs in California with a comparison to the
Palo Alto program including the effectiveness of our program in spurring
local residential solar options.”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, “change the method for
calculating the NEM cap to five percent of the customer class non-coincident
peak.”
MOTION RESTATED: Vice Mayor Scharff moved, seconded by Council
Member Holman to adopt a Resolution adopting a Net Energy Metering
(NEM) Successor Rate, E-EEC-1 (“Export Electricity Compensation”)
amending Utilities Rule and Regulation 2 (“Definitions and Abbreviations”)
and 29 (“Net Energy Metering and Interconnection”); direct Staff to return to
Council within four months with options and a recommendation for the NEM
Transition Policy; return to Council within one year of reaching the cap from
the expiring NEM program with a report describing other NEM programs in
California with a comparison to the Palo Alto program including the
effectiveness of our program in spurring local residential solar options; and
change the method for calculating the NEM cap to five percent of the
customer class non-coincident peak.
MOTION AS AMENDED PASSED: 8-0 Filseth absent
Council took a break from 8:08 P.M. to 8:17 P.M.
12. Interim Retail Preservation Ordinance: Request for a Waiver at 100
Addison, Discussion Regarding Applicability to Retail and "Retail-Like"
Uses Which do not Have Required Entitlements, and Discussion
Regarding Potential Ordinance Improvements and Next Steps.
MOTION: Council Member DuBois moved, seconded by Vice Mayor Scharff
to direct Staff to return to Council with a framework for an Ordinance for the
Downtown Area, including South of Forest Area Coordinated Area Plan Phase
2 (SOFA II) and a more flexible framework for the City as a whole.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, “including:
A. Requiring display windows on properties with non-conforming uses;
and
DRAFT ACTION MINUTES
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Draft Action Minutes: 08/22/16
B. Considering adjustments to the Ground Floor (GF) boundary; and
C. Considering protections outside the GF and for basements; updating
definitions as needed; and
D. Options to amortize out certain non-conforming uses along University
Avenue.”
AMENDMENT: Council Member Holman moved, seconded by Council
Member XX to add to the Motion, “somewhat” after “(SOFA II) and a.”
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, “add to the requirement of
Retail; ‘generally open to the public with a minimum number of hours.’”
(New Part E)
MOTION RESTATED: Council Member DuBois moved, seconded by Vice
Mayor Scharff to direct Staff to return to Council with a framework for an
Ordinance for the Downtown Area, including South of Forest Area
Coordinated Area Plan Phase 2 (SOFA II) and a more flexible framework for
the City as a whole, including:
A. Requiring display windows on properties non-conforming uses; and
B. Considering adjustments to the Ground Floor (GF) boundary; and
C. Considering protections outside the GF and for basements; updating
definitions as needed; and
D. Options to amortize out certain non-conforming uses along University
Avenue; and
E. Add to the requirement of Retail; “generally open to the public with a
minimum number of hours.”
MOTION AS AMENDED PASSED: 8-0 Filseth absent
DRAFT ACTION MINUTES
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Draft Action Minutes: 08/22/16
MOTION: Council Member Holman moved, seconded by Council Member
DuBois to deny the request for a waiver at 100 Addison Avenue from the
Retail Protection Ordinance and uphold the Director’s decision.
AMENDENT: Vice Mayor Scharff moved, seconded by Council Member
DuBois to add to the Motion, “and allow education uses in the Interim
Ordinance.”
AMENDMENT WITHDRAWN BY THE SECONDER
AMENDENT: Vice Mayor Scharff moved, seconded by Council Member Kniss
to add to the Motion, “and allow education uses in the Interim Ordinance.”
AMENDMENT WITHDRAWN BY THE MAKER
AMENDENT: Mayor Burt moved, seconded by Council Member Berman to
add to the Motion, “and allow education and medical office uses in the
Interim Ordinance.”
INCORPORATED INTO THE AMENDENT WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Amendment, “for properties in SOFA
II, Residential Transition-35 Zone (RT-35).”
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Amendment, “on Alma Street.”
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Amendment, “or abutting” after
“(RT-35), on.”
AMENDENT RESTATED: Mayor Burt moved, seconded by Council Member
Berman to add to the Motion, “and allow education and medical office uses
in the Interim Ordinance for properties in SOFA II, Residential Transition-35
Zone (RT-35), on or abutting Alma Street.”
AMENDMENT FAILED: 4-4 DuBois, Holman, Scharff, Schmid no, Filseth
absent
AMENDENT: Vice Mayor Scharff moved, seconded by Council Member Kniss
to add to the Motion, “and allow education uses in the Interim Ordinance for
DRAFT ACTION MINUTES
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Draft Action Minutes: 08/22/16
properties in SOFA II, Residential Transition-35 Zone (RT-35), on or abutting
Alma Street.”
AMENDMENT PASSED: 5-3 DuBois, Holman, Schmid no, Filseth absent
MOTION RESTATED: Council Member Holman moved, seconded by Council
Member DuBois to deny the request for a waiver at 100 Addison Avenue
from the Retail Protection Ordinance and uphold the Director’s decision and
allow education uses in the Interim Ordinance for properties in SOFA II,
Residential Transition-35 Zone (RT-35), on or abutting Alma Street.
MOTION AS AMENDED PASSED: 8-0 Filseth absent
13. Policy Discussion on Comprehensive Plan Update Environmental
Impact Report Scenarios 5 & 6 (Staff requests this item be
continued to August 29, 2016).
This Item was continued to August 29, 2016.
Inter-Governmental Legislative Affairs
14. Status Update and Potential City Responses to the Governor's "By
Right" Housing Bill and Pending Bills Addressing Housing Issues.
NO ACTION TAKEN
Council Member Questions, Comments and Announcements
None.
Adjournment: The meeting was adjourned at 11:40 P.M.