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HomeMy WebLinkAboutStaff Report 7423 CITY OF PALO ALTO OFFICE OF THE CITY CLERK November 7, 2016 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the October 17 and 24, 2016 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS:  Attachment A: 10-17-16 DRAFT Action Minutes (DOC)  Attachment B: 10-24-16 DRAFT Action Minutes (PDF) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 8 Regular Meeting October 17, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:07 P.M. Present: Berman, Burt, DuBois arrived at 6:11 P.M., Filseth arrived at 6:09 P.M., Holman, Kniss arrived at 6:09 P.M., Scharff, Schmid, Wolbach Absent: Special Orders of the Day 1. Life Saving Recognition Ceremony to Recognize Police and Fire First Responders for Saving a Young Man. Agenda Changes, Additions and Deletions None. Minutes Approval 2. Approval of Action Minutes for the September 26 and October 4, 2016 Council Meetings. MOTION: Vice Mayor Scharff moved, seconded by Council Member Berman to approve the Action Minutes for the September 26 and October 4, 2016 Council Meetings. MOTION PASSED: 9-0 Consent Calendar MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to approve Agenda Item Numbers 3-10. DRAFT ACTION MINUTES Page 2 of 8 City Council Meeting Draft Action Minutes: 10/17/16 3. Resolution 9629 Entitled, “Resolution of the Council of the City of Palo Alto Amending Utility Gas Rate Schedules G-1, G-1-G, G-2, G-2-G, G-3, G-3-G, G-10, and G-10-G, to Include a Separate Transportation Charge as a Discrete Pass-Through Component and to Reduce the Distribution Charge by the Initial Transportation Charge Amount of $1.1088 per Therm Effective November 1, 2016.” 4. Approval of Contract No. C17164199 With Kennedy/Jenks Consultants in the Total Not-to-Exceed Amount of $466,318 to Provide Design Services for the new Primary Outfall Line at the Regional Water Quality Control Plant - Wastewater Treatment Fund Capital Improvement Program Project WQ-80021. 5. Annual Review of Williamson Act Contract Renewals, Approval of Non-Renewal for APN 351-05-050 and Approval of Exemption Under Section 15317 of the California Environmental Quality Act. 6. Three Resolutions: Resolution 9630 Entitled, “Resolution of the Council of the City of Palo Alto to Execute State Revolving Fund (SRF) Financial Assistance Applications, Designate the Amount of Project Expenditures to be Reimbursed by SRF Proceeds, and Pledge Revenue for Repayment of SRF Loans;” Resolution 9631 Entitled, “Resolution of the Council of the City of Palo Alto Amend the 2009 SRF Assistance Agreement;” and Resolution 9632 Entitled, “Resolution of the Council of the City of Palo Alto Authorize Contract Amendments With RWQCP Partners Cities of Mountain View and Los Altos, East Palo Alto Sanitary District, and the Board of Trustees of the Leland Stanford Junior University for the Funding of the Sludge Dewatering and Load Out Facility, the Primary Sedimentation Tank Rehabilitation, the Fixed Film Reactor Rehabilitation, and the Laboratory Environmental Services Building for the Wastewater Treatment Enterprise Fund Facilities at the Palo Alto Regional Water Quality Control Plant (RWQCP).” 7. Policy and Services Committee Recommendation to Accept the Disability Rates and Workers' Compensation Audit. 8. Policy and Services Committee Recommendation to Accept the City Auditor's Office Fiscal Year 2017 Proposed Work Plan. 9. Policy and Services Committee Recommendation to Accept the City Auditor's Office Quarterly Report as of June 30, 2016. DRAFT ACTION MINUTES Page 3 of 8 City Council Meeting Draft Action Minutes: 10/17/16 10. Ordinance 5388 Entitled, “Ordinance of the Council of the City of Palo Alto Amending the City’s Minimum Wage Ordinance to Align With the Santa Clara Cities Association Recommendation to Increase the Minimum Wage to $15.00 per Hour in Three Steps: $12.00 on 1/1/2017; $13.50 on 1/1/2018; $15.00 on 1/1/2019; and a CPI Increase After 2019 Indexed to the Bay Area CPI With a 5 Percent Cap and no Exemption (FIRST READING: Sept. 26, 2016 PASSED: 9-0).” MOTION PASSED: 9-0 Action Items 11. Approval of 2000 Geng Road as the Temporary Location for Fire Station No. 3 During Construction of the Replacement Fire Station No. 3. MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to: A. Direct Staff to locate Temporary Fire Station No. 3 at 2000 Geng Road while the permanent replacement Fire Station No. 3 facility is under construction; and B. Amend the Fiscal Year 2017 Budget Appropriation Ordinance for the General Fund by decreasing the revenue estimate for rental of the Geng Road site by $55,922. MOTION PASSED: 8-1 Wolbach no Council took a break from 8:39 P.M. to 8:46 P.M. 12. Discussion and Direction Regarding Parameters of an Ordinance Strengthening Retail Protections in Downtown and the South of Forest Area (SOFA II). MOTION: Vice Mayor Scharff moved, seconded by Council Member Kniss to approve the draft framework for an Ordinance strengthening retail protections in the Downtown and South of Forest Area (SOFA II) with the following changes: A. Remove Number 1, Bullet 2 and Number 1, Bullet 3; and DRAFT ACTION MINUTES Page 4 of 8 City Council Meeting Draft Action Minutes: 10/17/16 B. Protect all current retail in the Downtown Business District. AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “eliminate 17 foot first floor height standards.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “no alterations to Design Criteria in SOFA II.” (New Part C) AMENDMENT: Council Member Holman moved, seconded by Mayor Burt to add to the Motion, “direct Staff to return with potential limits on hair and nail salons, gyms, and other similar personal service uses on University Avenue.” AMENDMENT FAILED: 3-6 Burt, Holman, Wolbach yes AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “require a Conditional Use Permit (CUP) for private schools in SOFA II. AMENDMENT WITHDRAWN BY THE MAKER INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the end of the Motion Part B, “and SOFA II.” AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “require a Conditional Use Permit (CUP) for private schools in the RT-35 District.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND INCORPORTATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “prohibit window treatments made of reflective glass.” (New Part D) INCORPORTATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return with a recommendation on lobby size.” (New Part E) DRAFT ACTION MINUTES Page 5 of 8 City Council Meeting Draft Action Minutes: 10/17/16 AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “require the hours of operation be a minimum of 6 hours a day and 5 days per week for Retail Use.” AMENDMENT WITHDRAWN BY THE MAKER AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “direct Staff to return with a recommendation on medical office size.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return with a recommendation on medical office size in SOFA II.” (New Part F) AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “direct Staff to return with clarification of Office Use definition that differentiates between general office and research and development.” AMENDMENT WITHDRAWN BY THE MAKER Council Member DuBois left the meeting at 11:11 P.M. INCORPORTATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return with recommendations on how to treat existing retail basement use in the University Avenue core area.” (New Part G) INCORPORTATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to conduct informal outreach to stakeholders including both small and independent retailers.” (New Part H) AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to remove, “and Number 1, Bullet 3” from the Motion Part A. AMENDMENT RESTATED AND INCORPORTATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “outside of University Avenue, within the Ground Floor District allow DRAFT ACTION MINUTES Page 6 of 8 City Council Meeting Draft Action Minutes: 10/17/16 yoga studios, dance studios, martial arts studios, and similar uses.” (New Part I) INCORPORTATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to evaluate aligning existing Planned Community Zone (PC) requirements with District requirements.” (New Part J) MOTION RESTATED: Vice Mayor Scharff moved, seconded by Council Member Kniss to approve the draft framework for an Ordinance strengthening retail protections in the Downtown and South of Forest Area (SOFA II) with the following changes: A. Remove Number 1, Bullet 2 and Number 1, Bullet 3; and B. Protect all current retail in the Downtown Business District and SOFA II; and C. No alterations to Design Criteria in SOFA II; and D. Prohibit window treatments made of reflective glass; and E. Direct Staff to return with a recommendation on lobby size; and F. Direct Staff to return with a recommendation on medical office size in SOFA II; and G. Direct Staff to return with recommendations on how to treat existing retail basement use in the University Avenue core area; and H. Direct Staff to conduct informal outreach to stakeholders including both small and independent retailers; and I. Outside of University Avenue, within the Ground Floor district allow yoga studios, dance studios, martial arts studios, and similar uses; and J. Direct Staff to evaluate aligning existing Planned Community Zone (PC) requirements with district requirements. MOTION AS AMENDED PASSED: 8-0 DuBois absent DRAFT ACTION MINUTES Page 7 of 8 City Council Meeting Draft Action Minutes: 10/17/16 Inter-Governmental Legislative Affairs 13. Request for City Council Endorsement of Santa Clara County Measure A, an Affordable Housing Bond Measure. MOTION: Council Member Berman moved, seconded by Vice Mayor Scharff to endorse Santa Clara County Measure A, an Affordable Housing Bond Measure on the November 8, 2016 ballot. MOTION PASSED: 8-0 DuBois absent Council Member Questions, Comments and Announcements Council Member Holman requested that an Agenda Item allowing the Council to support or oppose the various State Propositions and Measure B, the Valley Transportation Authority sales tax, on the November 8, 2016 ballot be agendized. Council Member Kniss suggested the City’s State Lobbyist could provide a summary of the Propositions for Council’s consideration. She also suggested that the Council limit consideration to Measure B. Mayor Burt reported that the supporters of Measure B preferred to receive individual Council Member support rather than City Council support. He inquired whether the League of California Cities or similar organization had taken positions on the various Propositions. He noted that the City Council does not take a position on all Propositions. Vice Mayor Scharff stated that reviewing all Propositions would be time consuming. Council Member Holman highlighted her interest in supporting Proposition 62, which would repeal the death penalty in California. She reported that the Council supported a similar Proposition in the past. Vice Mayor Scharff highlighted his interest in discussing Proposition 53, which would require voter approval for projects costing more than $2 billion. Mayor Burt reported that these topics will be discussed with Staff for potential inclusion on a future Council agenda. DRAFT ACTION MINUTES Page 8 of 8 City Council Meeting Draft Action Minutes: 10/17/16 Ed Shikada, Assistant City Manager reported that two Council meetings are scheduled prior to the November 8, 2016 Election, on October 24 and November 7, 2016. He advised that there is minimal time left for a discussion of Propositions and additional Measures on the November 8, 2016 ballot. Council Member Berman reported his attendance and that of several other Council Members at the Palo Alto Chamber of Commerce Athena Awards this past Tuesday. He noted that Karen Kienzle, Art Center Director received the Athena Award at the event. He felt this was a well-deserved award. Vice Mayor Scharff reported his appointment as Chair of the Bay Area Conservation and Development Commission (BCDC) Enforcement Committee. Council Member Holman reported that she received the Project WeHOPE Civic Award this past Friday. Adjournment: The meeting was adjourned at 11:40 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 13 Special Meeting October 24, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:37 P.M. Present: Berman, Burt, Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: DuBois Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS. This Item removed from the Agenda. Study Session 2. Partner Presentation and Discussion With Palo Alto Housing Corporation. Agenda Changes, Additions and Deletions MOTION: Vice Mayor Scharff moved, seconded by Council Member Holman to continue Agenda Item Number 14- PUBLIC HEARING: Adoption of an Ordinance Approving Revisions to the Architectural Review Findings… to a date uncertain. MOTION PASSED: 7-0 Berman not participating, DuBois absent Consent Calendar MOTION: Vice Mayor Scharff moved, seconded by Council Member Berman to approve Agenda Item Numbers 3-8. DRAFT ACTION MINUTES Page 2 of 13 City Council Meeting Draft Action Minutes: 10/24/16 3. Finance Committee Recommendation That the City Council Approve the Proposed Low Carbon Fuel Standard Credit Program, Including the use of Revenues From the Sale of Low Carbon Fuel Standard Credits. 4. Approval of a Contract With Anderson Pacific Engineering Construction, Inc. (APEC) in the Total Amount of $2,746,563 for the Old Pumping Plant (OPP) Rehabilitation Project at the Regional Water Quality Control Plant - Capital Improvement Program Project WQ-80021. 5. Resolution 9633 Entitled, “Resolution of the Council of the City of Palo Alto Amending Utilities Rate Schedule E-15 (Electric Service Connection Fees) and Utilities Rule and Regulations 2 (Definitions and Abbreviations) and 18 (Utility Service Connections and Facilities on Customer Premises) to Implement the Low Carbon Fuel Standard Program.” 6. Nine Ordinances to Adopt 2016 California Building Codes, Local Amendments, and Related Updates: Ordinance 5389 Entitled, “Ordinance of the Council of the City of Palo Alto (1) Repealing Chapter 16.04 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a new Chapter 16.04, California Building Code, California Historical Building Code, and California Existing Building Code, 2016 Editions, and Local Amendments and Related Findings;” Ordinance 5390 Entitled, “Ordinance of the Council of the City of Palo Alto (2) Repealing Chapter 16.05 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a new Chapter 16.05, California Mechanical Code, 2016 Edition, and Local Amendments and Related Findings;” Ordinance 5391 Entitled, “Ordinance of the Council of the City of Palo Alto (3) Repealing Chapter 16.06 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a new Chapter 16.06, California Residential Code, 2016 Edition, and Local Amendments and Related Findings;” Ordinance 5392 Entitled, “Ordinance of the Council of the City of Palo Alto (4) Repealing Chapter 16.08 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a new Chapter 16.08, California Plumbing Code, 2016 Edition, and Local Amendments and Related Findings;” Ordinance 5393 Entitled, “Ordinance of the Council of the City of Palo Alto (5) Repealing Chapter 16.14 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a new Chapter 16.14, California Green Building Standards Code, 2016 Edition, and Local Amendments and Related Findings;” Ordinance 9394 Entitled, “Ordinance of the Council of the City of Palo Alto (6) Repealing Chapter 16.16 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a new Chapter 16.16, California Electrical Code, 2016 Edition, and Local Amendments DRAFT ACTION MINUTES Page 3 of 13 City Council Meeting Draft Action Minutes: 10/24/16 and Related Findings;” Ordinance 5395 Entitled, “Ordinance of the Council of the City of Palo Alto (7) Repealing Chapter 15.04 of the Palo Alto Municipal Code and Amending Title 15 to Adopt a new Chapter 15.04, California Fire Code, 2016 Edition, and Local Amendments and Related Findings;” and Ordinance 5396 Entitled, “Ordinance of the Council of the City of Palo Alto (8) Adopt a new Title 16, Chapter 16.18 Private Swimming Pool and Spa Code, 2016 Edition and Local Amendments and Related Findings;” and Ordinance 5397 Entitled, “Ordinance of the Council of the City of Palo Alto (9) Amending Title 16, Chapters 16.36 House Numbering and 16.40 Unsafe Buildings for Local Amendments and Related Findings (FIRST READING: October 4, 2016 PASSED: 9-0).” 7. Policy and Services Committee Recommends That the City Council Approve its Motions Regarding the Cable Franchise and Public, Education, and Government (PEG) Fees Audit. 8. Resolution 9634 Entitled, “Resolution of the Council of the City of Palo Alto to Amend and Correct Salary Schedules for: Managers and Professional Employees, Service Employees International Union, Local 521 (SEIU); Service Employees International Union Hourly, Local 521 (SEIU - H); Limited Hourly, Local 521 (HRLY); International Association of Fire Fighters, Local 1319; and Utilities Managers of Palo Alto Professional Association (UMPAPA); and Amend the Table of Organization in the City Manager's Office General Fund and Utilities Department Enterprise Funds.” MOTION PASSED: 7-0 Wolbach not participating, DuBois absent Action Items 9. PUBLIC HEARING: Proposition 218 Storm Water Management Fee Protest Hearing; Resolution 9635 Entitled, “Resolution of the Council of the City of Palo Alto Calling a Mail Ballot Election for April 11, 2017 to Submit a Storm Water Management Fee to Owners of Parcels of Real Property Subject to the Fee;” and Resolution 9636 Entitled, “Resolution of the Council of the City of Palo Alto Amending Utility Rule and Regulation 25.” Public Hearing opened at 7:54 P.M. Public Hearing closed at 8:02 P.M. DRAFT ACTION MINUTES Page 4 of 13 City Council Meeting Draft Action Minutes: 10/24/16 MOTION: Council Member Schmid moved, seconded by Council Member Filseth to adopt: A. A Resolution calling a mail ballot election for Tuesday, April 11, 2017 to allow owners of parcels subject to the Storm Water Management Fee to vote on whether the Fee should be imposed; and B. A Resolution modifying Section 8(C) of Utility Rule and Regulation 25 (Special Storm and Surface Water Drainage Utility Regulations) to exempt certain developed parcels which do not impact City storm drainage facilities, and to clarify how the Fee applies to parcels which only partially drain to the City’s storm drain system. MOTION PASSED: 8-0 DuBois absent Council took a break from 8:19 P.M. to 8:26 P.M. 10. PUBLIC HEARING: Resolution 9637 Entitled, “Resolution of the Council of the City of Palo Alto Adopting the Professorville Historic District Design Guidelines. The Project is Exempt From the Provisions of CEQA per Class 8 Categorical Exemption (Actions Taken by Regulatory Agencies to Protect the Environment) (Continued From September 12, 2016).” Public Hearing opened at 8:30 P.M. Public Hearing closed at 8:42 P.M. MOTION: Vice Mayor Scharff moved, seconded by Council Member Kniss to adopt: A. A Resolution adopting the Professorville Historic District Design Guidelines (Guidelines) with the list of corrections and edits provided in the Staff Report; and B. A finding that this action is exempt from review under the California Environmental Quality Act (CEQA) per Section 15308 (Actions By Regulatory Agencies for the Protection of the Environment). INCORPROTATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to add DRAFT ACTION MINUTES Page 5 of 13 City Council Meeting Draft Action Minutes: 10/24/16 references to incentives to the Guidelines and reference to the State of California Historic Building Code.” (New Part C) MOTION RESTATED: Vice Mayor Scharff moved, seconded by Council Member Kniss to adopt: A. A Resolution adopting the Professorville Historic District Design Guidelines (Guidelines) with the list of corrections and edits provided in the Staff Report; and B. A finding that this action is exempt from review under the California Environmental Quality Act (CEQA) per Section 15308 (Actions By Regulatory Agencies for the Protection of the Environment); and C. Direct Staff to add references to incentives to the Guidelines and reference to the State of California Historic Building Code. MOTION AS AMENDED PASSED: 7-1 Holman no, DuBois absent MOTION: Council Member Holman moved, seconded by Mayor Burt to direct Staff to return with: A. A Zoning Code change to apply Individual Review (IR) to single-story homes in Professorville; and B. A definition of demolition. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “draft language for Council consideration regarding” after “direct Staff to return with.” MOTION RESTATED: Council Member Holman moved, seconded by Mayor Burt to direct Staff to return with draft language for Council consideration regarding: A. A Zoning Code change to apply Individual Review (IR) to single-story homes in Professorville; and B. A definition of demolition. MOTION AS AMENDED PASSED: 7-1 Wolbach no, DuBois absent DRAFT ACTION MINUTES Page 6 of 13 City Council Meeting Draft Action Minutes: 10/24/16 At this time Council heard Agenda Item Numbers 11 and 12. 11. Adoption of an Emergency Ordinance of the Council of the City of Palo Alto Adding Chapter 9.17 (Personal Cultivation of Marijuana) to Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code to Prohibit Outdoor Cultivation of Marijuana and Informational Update on Proposition 64 and Finding the Amendment Exempt From Review Under the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15061(b)(3). 12. Ordinance 5398 Entitled, “Ordinance of the Council of the City of Palo Alto Adding Chapter 9.17 (Personal Cultivation of Marijuana) to Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code to Prohibit Outdoor Cultivation of Marijuana and Informational Update on Proposition 64 and Finding the Amendment Exempt From Review Under the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15061(b)(3).” MOTION: Vice Mayor Scharff moved, seconded by Council Member Kniss to adopt: A. An Ordinance adding Chapter 9.17 (Personal Cultivation of Marijuana) to Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code to prohibit outdoor marijuana cultivation in Palo Alto; and B. A finding that this amendment is exempt from review under the California Environmental Quality Act; and C. Direct Staff to return within twelve months to Council following public outreach for potential changes to this Ordinance. SUBSTITUTE MOTION: Mayor Burt moved, seconded by Council Member XX, if Proposition 64, Marijuana Legalization is adopted, to direct Staff to schedule a Council discussion of a regular Ordinance to provide restrictions of outdoor cultivation of marijuana. SUBSTITUTE MOTION 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, “the second reading will take place after the November 8, 2016 election.” (New Part D) DRAFT ACTION MINUTES Page 7 of 13 City Council Meeting Draft Action Minutes: 10/24/16 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “incorporate a twelve month sunset into the Ordinance.” (New Part E) MOTION RESTATED: Vice Mayor Scharff moved, seconded by Council Member Kniss to adopt: A. An Ordinance adding Chapter 9.17 (Personal Cultivation of Marijuana) to Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code to prohibit outdoor marijuana cultivation in Palo Alto; and B. A finding that this amendment is exempt from review under the California Environmental Quality Act; and C. Direct Staff to return within twelve months to Council following public outreach for potential changes to this Ordinance; and D. The second reading will take place after the November 8, 2016 election; and E. Incorporate a twelve month sunset into the Ordinance. MOTION AS AMENDED PASSED: 7-1 Burt no, DuBois absent 13. Review and Direction on Formation of a Stakeholder Committee to Advise the Council Regarding a Potential Local Tax to Raise Funds for Transportation Programs and Projects. MOTION: Mayor Burt moved, seconded by Council Member Kniss to form a stakeholder advisory committee, appointed by the Council, to advise the Council regarding a potential future ballot measure; the Committee will be comprised of the following: A. Membership criteria: i. Stanford Research Park Transportation Management Association (organization selection); and ii. Palo Alto Downtown Transportation Management Association (organization selection); and DRAFT ACTION MINUTES Page 8 of 13 City Council Meeting Draft Action Minutes: 10/24/16 iii. Stanford Healthcare and Stanford Shopping Center (organization selection); and iv. Commercial Property Owner; and v. Small Business Owner from elsewhere; and vi. Medium or Large Sized Business Owner from elsewhere; and vii. Transit advocate or Expert (preferably a Palo Alto Resident); and viii. Bicycling advocate or Expert (preferably a Palo Alto Resident); and ix. Non-Profit (preferably a Palo Alto Resident); and x. Affordable Housing (preferably a Palo Alto Resident); and xi. Palo Alto Unified School District (organization selection); and xii. North or South Downtown Resident; and xiii. Resident One (not representing other criteria groups); and xiv. Resident Two (not representing other criteria groups); and B. Ex Officio Membership criteria: i. Planning and Transportation Commission; and ii. City of East Palo Alto. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “(including at least one representative be a Member of the Chamber of Commerce)” after “Membership criteria.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part A.iii. with: DRAFT ACTION MINUTES Page 9 of 13 City Council Meeting Draft Action Minutes: 10/24/16 iii. Stanford Healthcare (organization selection); and iv. Stanford Shopping Center (organization selection); and INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “all applicants to be committed to the outcome of determining a funding plan that will achieve significant reductions in congestion and single occupancy vehicle trips in the community and that an anticipation that the total funding for these outcomes will come from a local tax measure and other sources including paid parking revenue, grants, the Valley Transportation Authority (VTA) sales tax.” (New Part C) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part C, “(with a particular focus on business license tax)” after “from local funding measures.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct the Committee to look at trip reductions both from measures that would support alternatives for employees and measures that would reduce overall car trips in the community.” (New Part D) INCORPORATED INTO THE MOTIONW WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part A.vi. and Part A.vii., “from elsewhere” with “from other than the organizations listed above.” AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion Part A.vi. “two” before “Small Business.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part A.vi. with, “ vi. Small Business Owner from other than the organizations listed above; and vii. Small Business Owner from Downtown.” DRAFT ACTION MINUTES Page 10 of 13 City Council Meeting Draft Action Minutes: 10/24/16 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part C, “and improve mobility for residents and workers” after “in the community.” AMENDMENT: Council Member Schmid moved, seconded by Council Member XX to add to the Motion, “that all members will get a full description of the annual Stanford Medical Center Traffic Mitigation Program.” 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 Part D, “the Committee will look at best TMA practices from within the Palo Alto/Stanford community and elsewhere” after “trips in the community.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct the Committee to return to Council by November 2017.” (New Part E) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part C, “a local tax measure” with “local funding measures.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “to explore priority transportation needs, identify funding requirements and explore various funding options and develop a funding plan” after “future ballot measure.” MOTION RESTATED: Mayor Burt moved, seconded by Council Member Kniss to form a stakeholder advisory committee, appointed by the Council to advise the Council regarding a potential future ballot measure to explore priority transportation needs, identify funding requirements and explore various funding options and develop a funding plan; the Committee will be comprised of the following: A. Membership criteria (including at least one representative be a Member of the Chamber of Commerce): i. Stanford Research Park Transportation Management Association (organization selection); and DRAFT ACTION MINUTES Page 11 of 13 City Council Meeting Draft Action Minutes: 10/24/16 ii. Palo Alto Downtown Transportation Management Association (organization selection); and iii. Stanford Healthcare (organization selection); and iv. Stanford Shopping Center (organization selection); and v. Commercial Property Owner; and vi. Small Business Owner from other than the organizations listed above; and vii. Small Business Owner from Downtown; and viii. Medium or Large Sized Business Owner from other than the organizations listed above; and ix. Transit advocate or Expert (preferably a Palo Alto Resident); and x. Bicycling advocate or Expert (preferably a Palo Alto Resident); and xi. Non-Profit (preferably a Palo Alto Resident); and xii. Affordable Housing (preferably a Palo Alto Resident); and xiii. Palo Alto Unified School District (organization selection); and xiv. North or South Downtown Resident; and xv. Resident One (not representing other criteria groups); and xvi. Resident Two (not representing other criteria groups); and B. Ex Officio Membership criteria: v. Planning and Transportation Commission; and vi. City of East Palo Alto; and DRAFT ACTION MINUTES Page 12 of 13 City Council Meeting Draft Action Minutes: 10/24/16 C. All applicants to be committed to the outcome of determining a funding plan that will achieve significant reductions in congestion and single occupancy vehicle trips in the community and improve mobility for residents and workers and that an anticipation that the total funding for these outcomes will come from local funding measures (with a particular focus on business license tax) and other sources including paid parking revenue, grants, the Valley Transportation Authority (VTA) sales tax; and D. Direct the Committee to look at trip reductions both from measures that would support alternatives for employees and measures that would reduce overall car trips in the community. The Committee will look at best TMA practices from within the Palo Alto/Stanford community and elsewhere; and E. Direct the Committee to return to Council by November 2017. MOTION AS AMENDED PASSED: 8-0 DuBois absent 14. PUBLIC HEARING: Adoption of an Ordinance Approving Revisions to the Architectural Review Findings in Palo Alto Municipal Code Chapter 18.76 and Approval of an Exemption Under Sections 15061 and 15305 of the California Environmental Quality Act (CEQA) Guidelines. The Planning and Transportation Commission Recommended Council Approval of the Ordinance (Continued from September 12, 2016) STAFF REQUESTS THIS ITEM BE CONTINUED TO A DATE UNCERTAIN. This Agenda Item continued to a date uncertain. Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Mayor Burt reported on the San Francisquito Creek Joint Powers Authority (JPA) Retreat. The JPA is working on a project to provide protection from “50-year” flooding. This includes work at the Pope-Chaucer Bridge, Newell Road Bridge, and other choke points along the Creek. He reported that protection from a “100-year” flood would require upstream detention, bypass, floodwalls, or a combination of these measures. The JPA is drafting DRAFT ACTION MINUTES Page 13 of 13 City Council Meeting Draft Action Minutes: 10/24/16 an Environmental Impact Report (EIR) to study alternatives. The JPA received a report from the Santa Clara Valley Water District, which stated that the flooding that occurred in 1998 in Palo Alto is thought to be a “60-year” floor. He reported that the JPA is considering prioritizing work on the East Bayshore portion of the Creek. Historically, creek flooding begins at this point. He reported his attendance at the United Nations Association Film Festival. He hopes the Festival can be further promoted so that additional community members are aware of and attend the Festival. Council Member Holman reported on her attendance along with other Council Members at the inauguration of Leland Stanford Junior University’s eleventh President, Marc Tessier-Lavigne this past Friday. Vice Mayor Scharff announced that the Cities Association of Santa Clara County is holding a Holiday Party at LinkedIn in Sunnyvale on December 1, 2016. Adjournment: The meeting was adjourned at 11:29 P.M.