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HomeMy WebLinkAboutStaff Report 7291 CITY OF PALO ALTO OFFICE OF THE CITY CLERK September 19, 2016 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the August 29 and September 6, 2016 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS:  Attachment A: 08-29-16 DRAFT Action Minutes (DOC)  Attachment B: 09-06-16 DRAFT Action Minutes (DOC) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 10 Special Meeting August 29, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:05 P.M. Present: Berman, Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Special Orders of the Day 1. Resolutions 9620 Entitled, “Resolution of the Council of the City of Palo Alto Expressing Appreciation to Steve Eglash,” Resolution 9621 Entitled, “Resolution of the Council of the City of Palo Alto to Jonathan Foster” and Resolution 9622 Entitled, “Resolution of the Council of the City of Palo Alto to Garth Hall Upon Completion of Their Terms as Utilities Advisory Commissioners.” MOTION: Council Member Kniss moved, seconded by Council Member Filseth to adopt the Resolutions of Appreciation for Steve Eglash, Jonathan Foster and Garth Hall. MOTION PASSED: 9-0 Agenda Changes, Additions and Deletions None. Minutes Approval 2. Approval of Action Minutes for the August 15, 2016 Council Meeting. MOTION: Vice Mayor Scharff moved, seconded by Council Member Berman to approve the Action Minutes for the August 15, 2016 Council Meeting. DRAFT ACTION MINUTES Page 2 of 10 City Council Meeting Draft Action Minutes: 8/29/16 MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member DuBois moved, seconded by Council Member Kniss to approve Agenda Item Numbers 3-8. 3. Resolution 9623 Entitled, “Resolution of the Council of the City of Palo Alto Approving an Assignment, Assumption and Consent Agreement With Mercuria Energy America Inc. and EDF North America LLC, and Finding That the Agreement's Approval is not a Project Requiring California Environmental Quality Act Review.” 4. Approve and Authorize the City Manager to Execute a Contract With Advanced Design Consultants, Inc., in an Amount Not-to-Exceed $160,701 for Design Services for the Ventura Building, Capital Improvements Program Project PE-15011. 5. Acceptance of the Palo Alto Fire Department Quarterly Performance Report for the Fourth Quarter of Fiscal Year 2016. 6. Approval of a Contract With Golden Bay Fence Plus Iron Works, Inc. in the Amount of $1,755,510 for the Palo Alto Airport Perimeter Fence and Gate Upgrades, CIP Project AP-16003; Approval of Amendment Number 2 With C&S Engineers, Inc. Contract Number C15155208A to Increase the Contract by $208,329 for a Total Not-to-Exceed Amount of $1,108,329 for Engineering and Design Services; Approval of a Budget Amendment in the Airport Enterprise Fund; and Adoption of Findings That the Project Satisfies the Requirements of the National Environmental Protection Act (NEPA) and California Environmental Quality Act (CEQA). 7. Approval of a Contract With Engineering/Remediation Resources Group, Inc. in the Amount Not-to-Exceed $180,007 for the Municipal Services Center Fuel Station Demolition and Excavation Capital Improvements Program Project VR-14002 and Approval of a Budget Amendment in the Vehicle Replacement and Maintenance Fund. 8. Ordinance 5387 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Chapter 2.30 [Contracts and Purchasing Procedures] of the Palo Alto Municipal Code to Establish Contracting and Purchasing DRAFT ACTION MINUTES Page 3 of 10 City Council Meeting Draft Action Minutes: 8/29/16 Procedures and to Define the Contracting Authority of City Officers and Employees (FIRST READING: August 15, 2016 PASSED: 9-0).” MOTION PASSED: 9-0 Action Items 9. Resolution 9624 Entitled, “Resolution of the Council of the City of Palo Alto Proposing a Storm Water Management Fee of $13.65 per Equivalent Residential Unit (ERU) to Replace the Existing Storm Drainage Fee, Calling a Public Hearing for October 24, 2016 With Respect to Such Fee, and Adopting Procedures Relating to the Conduct of a Protest Hearing and Mail Ballot Election.” MOTION: Vice Mayor Scharff moved, seconded by Council Member Berman to adopt a Resolution: A. Proposing a monthly Storm Water Management Fee of $13.65 per Equivalent Residential Unit (ERU) to replace the existing storm drainage fee of $13.03 per ERU; and B. Calling a public hearing for October 24, 2016 with respect to such fee; and C. Adopting procedures relating to the conduct of a protest hearing and a mail ballot election in conformance with Proposition 218; and D. Adopting a categorical exemption under Section 15061(b)(3) of the California Environmental Quality Act Guidelines. MOTION PASSED: 9-0 10. Policy Discussion on Comprehensive Plan Update Environmental Impact Report Scenarios 5 & 6 (Continued From August 22, 2016). MOTION: Vice Mayor Scharff moved, seconded by Council Member Kniss to direct Staff to move forward with Scenarios 5 and 6 as outlined in Tables 2- 5. AMENDMENT: Council Member DuBois moved, seconded by Council Member XX to add to the Motion, “with the following changes to Scenario 5: DRAFT ACTION MINUTES Page 4 of 10 City Council Meeting Draft Action Minutes: 8/29/16 A. Add: i. County Expressway implementation; and ii. In the Community Commercial 2 (CC-2) district, the allowable 2.0 FAR would be reduced to an FAR of 1.5 near California Avenue; and B. Subtract: i. Remove ‘Mitigation and sustainability measures would be adopted to minimize impacts…’ Remove performance-based zoning – retain density-based zoning; and ii. Remove ‘Remove constraints on the addition of ADUs;’ and iii. Remove ‘development by right” language in Table 3.” AMENDMENT SEPARATED FOR THE PURPOSE OF VOTING AMENDMENT A: Council Member DuBois moved, seconded by Council Member XX to add to the Motion, “with the following changes to: A. Scenario 5: i. Add to Table 4 Row 8, ‘County Expressway implementation.’” AMENDMENT A RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “with the following changes to: A. Scenario 5: i. Add to Table 4 Row 8, ‘with or without the addition of a High- Occupancy Vehicle (HOV) lane (the opposite of Scenario 2).’” AMENDMENT B: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “add to Proposed Zoning Code Amendments Row 8, ‘in the Community Commercial 2 (CC-2) district, the DRAFT ACTION MINUTES Page 5 of 10 City Council Meeting Draft Action Minutes: 8/29/16 allowable 2.0 FAR would be reduced to an FAR of 1.5 near California Avenue.’” (New Part A.ii.) AMENDMENT C: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “remove from Table 4 Row 13, ‘performance-based zoning’ and retain density-based zoning.” (New Part A.iii.) AMENDMENT D: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “remove from Table 2 Row 7 ‘remove constraints on the addition of ADUs.’” (New Part A.iv.) AMENDMENT D RESTATED: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “replace in Table 2 Row 7, ‘remove constraints on the addition of Accessory Dwelling Units (ADUs)’ with ‘reduce constraints on the addition of ADUs.’” (New Part A.iv.) AMENDMENT E: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “remove ‘development by right’ language in Table 3.” (New Part A.v.) AMENDMENT E RESTATED: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “replace in Table 3 Row 8 ‘development by right’ with ‘modified regulations.’” (New Part A.v.) AMENDMENT F: Council Member Wolbach moved, seconded by Council Member DuBois to add to the Motion, “ B. Scenario 6: i. Add to Table 2 Scenario 6, ‘reduce parking requirements for residential developments when in conjunction with Transportation Demand Management (TDM) and Residential Preferential Parking (RPP).’” AMENDMENT F RESTATED: Council Member Wolbach moved, seconded by Council Member DuBois to add to the Motion, “ B. Scenario 6: DRAFT ACTION MINUTES Page 6 of 10 City Council Meeting Draft Action Minutes: 8/29/16 i. Add to Table 2 Scenario 6, ‘reduce parking requirements for residential developments when in conjunction with Transportation Demand Management (TDM) and adjacent to on street parking restrictions.’” AMENDMENT G: Council Member Wolbach moved, seconded by Vice Mayor Scharff to add to the Motion, “ C. Scenarios 5 and 6: i. Add to Table 3, ‘Coordinated Area Plans, (Precise Plans) would be usable and a normal planning tool in Palo Alto.’” AMENDMENT G RESTATED: Council Member Wolbach moved, seconded by Vice Mayor Scharff to add to the Motion, “ C. Scenarios 5 and 6: i. Add to Table 3, ‘Coordinated Area Plans, (Precise Plans) would become a routine planning tool in Palo Alto.’” AMENDMENT H: Council Member Wolbach moved, seconded by Mayor Burt to add to the Motion, “replace in Table 4 Row 9, ‘in a trench’ with ‘at least.’” (New Part C.ii.) AMENDMENT H RESTATED: Council Member Wolbach moved, seconded by Mayor Burt to add to the Motion, “replace in Table 4 Row 9, ‘grade separation of Caltrain in a trench below Charleston and Meadow’ with ‘infrastructure investments to look at grade separations at all grade crossings and.’” (New Part C.ii.) AMENDMENT I: Mayor Burt moved, seconded by Vice Mayor Scharff to add to the Motion, “ D. For Scenarios 5 and 6: i. Provide unbundled impacts of policies and programs to the degree that such information is used in the analysis.” AMENDMENT I RESTATED: Mayor Burt moved, seconded by Vice Mayor Scharff to add to the Motion, “ DRAFT ACTION MINUTES Page 7 of 10 City Council Meeting Draft Action Minutes: 8/29/16 D. For Scenarios 5 and 6, direct Staff to: i. Provide unbundled impacts of policies and programs to the degree that such information can be gleaned from the analysis.” AMENDMENT J: Council Member Schmid moved, seconded by Mayor Burt to add to the Motion, “where applicable, identify lead or responsible party for a given program.” (New Part D.ii.) AMENDMENT K: Council Member Holman moved, seconded by Mayor Burt to add to the Motion, “add to Table 2 Row 9, ‘potential’ after ‘regulations and.’” (New Part C.iii.) AMENDMENT L: Council Member Holman moved, seconded by Mayor Burt to add to the Motion, “add Urban Forest as infrastructure.” (New Part C.iv.) AMENDMENT L RESTATED: Council Member Holman moved, seconded by Mayor Burt to add to the Motion, “add to Table 5, ‘protecting and enhancing the urban forest as natural infrastructure.’” (New Part C.iv.) AMENDMENT M: Council Member Holman moved, seconded by Council Member Schmid to add to the Motion, “replace in Table 1 Column 2, ‘2.7 million’ with ‘2.4 million.’” (New Part C.v.) AMENDMENT N: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “add to Table 2 Row 5, ‘Scenario 5.’” AMENDMENT N WITHDRAWN BY THE MAKER AMENDMENT I RESTATED: Mayor Burt moved, seconded by Vice Mayor Scharff to add to the Motion, “in the Final Environmental Impact Report (FEIR) direct Staff to: i. Provide unbundled impacts of policies and programs to the degree that such information can be gleaned from the analysis.’” AMENDMENT D RESTATED: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “replace in Table 2 Row 7, ‘remove constraints on the addition of Accessory Dwelling Units (ADUs)’ with ‘reduce constraints on the addition of ADUs.’” (New Part C.vi.) DRAFT ACTION MINUTES Page 8 of 10 City Council Meeting Draft Action Minutes: 8/29/16 AMENDMENT K RESTATED: Council Member Holman moved, seconded by Mayor Burt to add to the Motion, “add to Table 2 Row 9, ‘potentially’ after ‘regulations and.’” (New Part C.iii.) AMENDMENT B RESTATED: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “add to Proposed Zoning Code Amendments Row 8 ‘in the Community Commercial 2 (CC-2) district, the allowable 2.0 FAR would be reduced to an FAR of 1.5 near California Avenue.’” (New Part A.ii.) AMENDMENT B PASSED: 5-4 Berman, Kniss, Scharff, Wolbach no AMENDMENT C RESTATED: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “remove from Table 3 Row 13 ‘performance-based zoning.’” (New Part A.iii.) AMENDMENT C PASSED: 5-4 Berman, Kniss, Scharff, Wolbach no AMENDMENT E RESTATED: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “in Table 3 Row 8, replace ‘development by right’ with ‘with modified regulations.’” (New Part C.vii.) AMENDMENT E AS AMENDED PASSED: 7-2 Berman, Wolbach no MOTION RESTATED: Vice Mayor Scharff moved, seconded by Council Member Kniss to direct Staff to move forward with Scenarios 5 and 6 as outlined in Tables 2-5 with the following changes to: A. Scenario 5: i. Add to Table 4 Row 8, ‘‘with or without the addition of a High- Occupancy Vehicle (HOV) lane (the opposite of Scenario 2);” and ii. Add to Proposed Zoning Code Amendments Row 8, “in the Community Commercial 2 (CC-2) district, the allowable 2.0 FAR would be reduced to an FAR of 1.5 near California Avenue;” and iii. Remove from Table 4 Row 13, “performance-based zoning”; and B. Scenario 6: DRAFT ACTION MINUTES Page 9 of 10 City Council Meeting Draft Action Minutes: 8/29/16 ii. Add to Table 2 Scenario 6, ‘reduce parking requirements for residential developments when in conjunction with Transportation Demand Management (TDM) and adjacent to on street parking restrictions;” and C. Scenarios 5 and 6: i. Add to Table 3, “Coordinated Area Plans, (Precise Plans) would become a routine planning tool in Palo Alto;” and ii. Replace in Table 4 Row 9, “grade separation of Caltrain in a trench below Charleston and Meadow” with “infrastructure investments to look at grade separations at all grade crossings and;” and iii. Add to Table 2 Row 9, “potentially” after “regulations and;” and iv. Add to Table 5, “protecting and enhancing the urban forest as natural infrastructure;” and v. Replace in Table 1 Column 2, “2.7 million” with “2.4 million;” and vi. Replace in Table 2 Row 7, “remove constraints on the addition of Accessory Dwelling Units (ADUs)” with “reduce constraints on the addition of ADUs;” and vii. Replace in Table 3 Row 8 “development by right” with “modified regulations;” and D. In the Final Environmental Impact Report (FEIR) direct Staff to: i. Provide unbundled impacts of policies and programs to the degree that such information can be gleaned from the analysis; and ii. Where applicable, identify lead or responsible party for a given program. MOTION AS AMENDED PASSED: 9-0 DRAFT ACTION MINUTES Page 10 of 10 City Council Meeting Draft Action Minutes: 8/29/16 Inter-Governmental Legislative Affairs Mayor Burt reported that the Caltrain Local Policy Maker Group (LPMG) is considering requesting a grant of close to $1 million from the Metropolitan Transit Commission to study grade separations along the Caltrain corridor with the goal of ensuring collaboration between cities and to share lessons learned during past grade separation projects. He intends to support this project unless any Council Members request this topic be agendized for future Council discussion. Council Member Questions, Comments and Announcements Vice Mayor Scharff reported his attendance at the Santa Clara County Airport Land Use Commission meeting. He learned that more than 2 million square feet of office space are planned in Sunnyvale near Moffett Federal Airfield. Council Member Kniss reported the passing of Gladys “Laddie” Hughes. Laddie was very involved in local politics for a number of years. Council Member Holman reported the passing of former Mayor Kirke Comstock. He was an advocate for preserving open space and played a role in the City’s efforts to preserve the Baylands and the acquisition of Foothills Park. Adjournment: The meeting was adjourned in honor of Laddie Hughes and former Mayor Kirke Comstock at 11:39 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 7 Special Meeting September 6, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:07 P.M. Present: Berman, Burt, DuBois arrived at 5:30 P.M., Filseth, Holman, Kniss, Scharff, Schmid, Wolbach arrived at 5:26 P.M. Absent: Study Session 1.Study Session on the Parks, Trails, Natural Open Space and Recreation Master Plan. Agenda Changes, Additions and Deletions None. Minutes Approval 2.Approval of Action Minutes for the August 22, 2016 Council Meeting. MOTION: Council Member Berman moved, seconded by Mayor Burt to approve the Action Minutes for the August 22, 2016 Council Meeting. MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member DuBois moved, seconded by Vice Mayor Scharff to approve Agenda Item Number 3. DRAFT ACTION MINUTES Page 2 of 7 City Council Meeting Draft Action Minutes: 09/06/16 3.Vote to Endorse the Slate of Candidates for the Division’s Executive Committee for 2016-17 and Direct the City Clerk to Forward to Seth Miller, the Regional Public Affairs Manager for the Peninsula Division, League of California Cities the Completed Ballot for the City of Palo Alto. MOTION PASSED: 9-0 Action Items 5.Direct Staff to Proceed With Discussions With Pets In Need Regarding Animal Care Services and the Construction or Rehabilitation of the Animal Shelter Facility. MOTION: Vice Mayor Scharff moved, seconded by Council Member Holman to direct Staff to proceed with exclusive negotiations with Pets In Need, a 501(c)3 nonprofit organization, to provide animal care services and develop a plan for animal shelter facility construction or rehabilitation, and to return to City Council by December 2016 with a recommended agreement. AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “including the space that is currently used for other uses and the space rented for vehicle storage be used for animal services.” 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, “and direct Staff to consider the long term capital program for the animal shelter and that this consideration includes the surrounding land and related services.” AMENDMENT: Council Member Schmid moved, seconded by Council Member XX to add to the Motion, “inviting comments from the Humane Society regarding the cost structure of the potential agreement.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND MOTION AS AMENDED RESTATED: Vice Mayor Scharff moved, seconded by Council Member Holman to direct Staff to proceed with exclusive negotiations with Pets In Need, a 501(c)3 nonprofit organization, to provide DRAFT ACTION MINUTES Page 3 of 7 City Council Meeting Draft Action Minutes: 09/06/16 animal care services and develop a plan for animal shelter facility construction or rehabilitation, and to return to City Council by December 2016 with a recommended agreement; and direct Staff to consider the long term capital program for the animal shelter and that this consideration includes the surrounding land and related services. MOTION AS AMENDED PASSED: 9-0 Council took a break from 8:50 P.M. to 8:58 P.M. 4.Acceptance of the Downtown Residential Preferential Parking (RPP) Program Phase 2 Status Update and Resolution 9625 Entitled, “Resolution of the Council of the City of Palo Alto Amending the Eligibility Area for the Program as Directed by the City Council (Continued From August 15, 2016).” Vice Mayor Scharff advised he would not participate in this Agenda Item or Agenda Item Number 6- CONFERENCE WITH CITY ATTORNEY… because he owns real property in the Downtown Residential Preferential Parking (RPP) Program Phase 2 district. Vice Mayor Scharff left the meeting at 8:59 P.M. MOTION: Council Member DuBois moved, seconded by Council Member Berman to: A. Accept the status report on the Downtown Residential Preferential Parking (RPP) Program; and B. Adopt a Resolution, expanding the boundary of the Downtown RPP Program Phase 2 eligibility area originally established by Resolution number 9577 to incorporate streets in the Crescent Park neighborhood identified for inclusion by the City Council in response to a neighborhood petition; and C. Immediately freeze the sale of employee permits in Zones 9 and 10 and allow additional streets to petition to be added as resident only parking in Zones 9 and 10; and D. Direct Staff to return to Council by Jan 15, 2017 with proposals for changes to implement at end of Phase 2 that include: DRAFT ACTION MINUTES Page 4 of 7 City Council Meeting Draft Action Minutes: 09/06/16 i. Elimination of 5 day passes; and ii. Propose quantitative objectives to reduce the impact on neighborhoods, to eliminate spillover, and to reduce congestion; and iii. Give priority to lower wage employees; and iv. Require registration in the Business Registry Certificate Program and participation in Downtown Transportation Management Association (TMA) to buy employee permits. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part C, “immediately freeze the” with “direct Staff to return as soon as possible to implement a freeze on the.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D.iv., “if legally permissible” after “Certificate Program and.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part C, “allow” with “direct Staff to return with options to allow.” AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion Part C, “and reduce the total number of available employee permits to 1,465” after “permits in Zones 9 and 10.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part C, “and reduce the total number of available employee permits in all zones by this amount” after “permits in Zones 9 and 10.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D.iv., “or a Staff approved Transportation Demand Management (TDM) Program” after “Downtown Transportation Management Association (TMA).” DRAFT ACTION MINUTES Page 5 of 7 City Council Meeting Draft Action Minutes: 09/06/16 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D.iv., “under a revised fee structure” after “Management Association (TMA).” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “return with a draft set of overriding RPP goals.” (New Part D.v.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D.ii., “parking” after “and to reduce.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove Part C of the Motion and add to the Motion, “implement a freeze on the sale of employee permits in Zones 9 and 10 and reduce the total number of available employee permits in all zones by this amount and direct Staff to return with options to allow additional streets to petition to be added as resident only parking in Zones 9 and 10.” (New Part C.vi.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the end of the Motion Part C.iv. “or alternately an incentive structure to encourage participation in the TMA.” MOTION PART C.VII. SEPARATED FOR THE PURPOSE OF VOTING MOTION PART C.VII. RESTATED: Implement a freeze on the sale of employee permits in Zones 9 and 10 and reduce the total number of available employee permits in all zones by this amount and direct Staff to return with options to allow additional streets to petition to be added as resident only parking in Zones 9 and 10. MOTION PART C.VII. PASSED: 6-2 Filseth, Kniss no, Scharff absent MOTION AS AMENDED RESTATED: Council Member DuBois moved, seconded by Council Member Berman to: A. Accept the status report on the Downtown Residential Preferential Parking (RPP) Program; and DRAFT ACTION MINUTES Page 6 of 7 City Council Meeting Draft Action Minutes: 09/06/16 B. Adopt a Resolution, expanding the boundary of the Downtown RPP Program Phase 2 eligibility area originally established by Resolution number 9577 to incorporate streets in the Crescent Park neighborhood identified for inclusion by the City Council in response to a neighborhood petition; and C. Direct Staff to return to Council by Jan 15, 2017 with proposals for changes to implement at end of Phase 2 that include: i. Elimination of 5 day passes; and ii. Propose quantitative objectives to reduce the impact on neighborhoods, to eliminate spillover, and to reduce parking congestion; and iii. Give priority to lower wage employees; and iv. Require registration in the Business Registry Certificate Program and if legally permissible participation in Downtown Transportation Management Association (TMA) under a revised fee structure or a Staff approved Transportation Demand Management (TDM) Program to buy employee permits or alternately an incentive structure to encourage participation in the TMA; and v. Return with a draft set of overriding RPP goals; and vi. Implement a freeze on the sale of employee permits in Zones 9 and 10 and reduce the total number of available employee permits in all zones by this amount and direct Staff to return with options to allow additional streets to petition to be added as resident only parking in Zones 9 and 10. MOTION AS AMENDED PASSED: 8-0 Scharff absent Inter-Governmental Legislative Affairs None. DRAFT ACTION MINUTES Page 7 of 7 City Council Meeting Draft Action Minutes: 09/06/16 Council Member Questions, Comments and Announcements Council Member Berman reported his participation with the Palo Alto and University Rotary Clubs as they posted American Flags along University Avenue on Sunday morning. Closed Session 6.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATION Significant Exposure to Litigation Under Section 54956.9(d)(2) (One Potential Case, as Defendant) – Phase 2, Downtown Residential Preferential Parking District. MOTION: Council Member Kniss moved, seconded by Council Member Schmid to go into Closed Session. MOTION PASSED: 8-0 Scharff absent Council went into Closed Session at 11:33 P.M. Council returned from Closed Session at 11:45 P.M. Mayor Burt announced no reportable action. Adjournment: The meeting was adjourned at 11:45 P.M.