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HomeMy WebLinkAboutStaff Report 10065 CITY OF PALO ALTO OFFICE OF THE CITY CLERK February 25, 2019 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the February 2, 4, and 11, 2019 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 02-02-19 DRAFT Action Minutes (DOCX) • Attachment B: 02-04-19 DRAFT Action Minutes (DOCX) • Attachment C: 02-11-19 DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 1 Special Meeting February 2, 2019 The City Council of the City of Palo Alto met on this date in the Community Meeting Room at 9:05 A.M. Present: Cormack, Filseth, Fine, Kniss, Kou, Tanaka Absent: DuBois Mayor’s Welcome, Overview of the Day, and Retreat Orientation 1. Fiscal Year (FY) 2018 National Citizen Survey™. NO ACTION TAKEN Council took a break at 10:10 A.M. to 10:26 A.M 2. Discussion of 2018 Council Priorities (Transportation, Housing, Budget and Finance, and Grade Separation) and Selection of 2019 Council Priorities and Discussion and Definition of the 2019 Priorities With Greater Specificity e.g. Sub-bullets, Outcomes, Milestones, Key Performance Indicators. MOTION: Council Member Kniss moved, seconded by Council Member Cormack to approve the following as 2019 Council Priorities: 1. Climate/Sustainability and Climate Action Plan; 2. Grade Separations; 3. Transportation and Traffic; and 4. Fiscal Sustainability. MOTION PASSED: 6-0 DuBois absent Council took a break at 12:30 P.M. to 12:48 P.M. 3. Discussion of Council Procedures and Protocols as They Pertain to Meeting Management and Participation in Local and Regional Boards Including Council Member Responsibilities. NO ACTION TAKEN Wrap-up and Next Steps Adjournment: The meeting was adjourned at 2:13 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 9 Special Meeting February 4, 2019 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:08 P.M. Present: Cormack, DuBois, Filseth, Fine; Kniss arrived at 6:10 P.M., Kou, Tanaka Participating remotely: DuBois participating from 4-1 Kamikotoen 3-chome Nishinomiya, Hyogo, 662-1813, Japan Absent: Study Session 1. Study Session With the City's State Lobbyist Related to the 2019 Legislative Session. At this time Council heard the Consent Calendar. Consent Calendar MOTION: Vice Mayor Fine moved, seconded by Mayor Filseth to approve Agenda Item Numbers 3-5. 3. Approval of Amendment Number 2 to Contract Number S16163051 With Grassroots Ecology to Increase the Contract by $13,440 for a Total Amount Not-to-Exceed $26,400, to Increase Services and Extend the Term for San Francisquito Creek Pump Station Riparian Mitigation Maintenance and Monitoring. 4. Review of the Fiscal Year (FY) 2019 Mid-year Budget Status and Approval of Budget Amendments in Various Funds. 5. 3703-3709 El Camino Real [18PLN-00136]: Ordinance 5458 Entitled, “Ordinance of the Council of the City of Palo Alto to Apply the Affordable Housing (AH) Combining District to the Subject Site. Environmental Assessment: Exempt From the Provisions of the California Environmental Equality Act (CEQA) per Guideline Section 15194 (Affordable Housing). Zoning District: CN (Neighborhood Commercial) (FIRST READING: January 14, 2019 PASSED 6 -0 Kniss absent).” DRAFT ACTION MINUTES Page 2 of 9 City Council Meeting Draft Action Minutes: 2/4/2019 MOTION PASSED: 7-0 At this time Council heard Minutes Approval. Minutes Approval 2. Approval of Action Minutes for the January 22, 2019 Council Meeting. MOTION: Mayor Filseth moved, seconded by Vice Mayor Fine to approve the Action Minutes for the January 22, 2019 Council Meeting. MOTION PASSED: 7-0 Council Member Tanaka left the meeting at 6:30 P.M. Action Items 6. Provide Direction to Staff on a Letter to the Santa Clara County Planning Department Regarding Requested Terms for Inclusion in a Possible Development Agreement Between the County and Stanford University Related to the General Use Permit Application . MOTION: Mayor Filseth moved, seconded by Council Member Kniss to direct Staff to prepare a letter, signed by the Mayor, to the County Board of Supervisors that reflects Council’s direction regarding Stanford University’s General Use Permit Application, addressing the following topics: A. Downtown Area Plan, including the Transit Center; B. Fair-Share Implementation of Area Plan; C. Fair-Share Grade Separation at Charleston; D. Contribution to the City’s Affordable Housing Fund; E. Long Term Preservation of the Foothills; and F. Upstream Flood Water Detention. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “issues of Residential Preferential Parking (RPP) districts, existing grade separated rail crossings, and potentially expanding the no-net new trips project.” (New Part G) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “mitigation of housing DRAFT ACTION MINUTES Page 3 of 9 City Council Meeting Draft Action Minutes: 2/4/2019 development impacts within the Academic Growth Boundary (AGB) and roadway impacts.” (New Part H) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “continue the requirement that Santa Clara County affordable housing funds be used within six miles of the AGB.” (New Part I) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “contribute to the on-going maintenance of the College Terrace Library and four parks located in the College Terrace neighborhood.” (New Part J) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “request the opportunity to replace the City’s shuttle service with enhanced Marguerite shuttle service.” (New Part K) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “request an easement to connect Bol Park Path via Hanover Street between California Avenue and Page Mill Road and a $250,000 contribution towards signal modification and other physical improvements for the pathway.” (New Part L) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part G, “and two existing train stations” after “existing grade separated rail crossings.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “consider funding for the City’s Bike and Pedestrian Transportation Plan and crossing guards for areas directly impacted by Stanford University traffic and used frequently by Stanford Affiliates and their families.” (New Part M) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part M, “including exploring pathway options connecting Stanford Research Park to Bol Park and a pathway behind Creekside Inn along Chimalus Drive” after “Transportation Plan.” AMENDMENT: Council Member Kou moved, seconded by Council Member XX to add to the Motion, “request the Santa Clara County Historic Board review historic buildings on the campus to see if they have historic value.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND DRAFT ACTION MINUTES Page 4 of 9 City Council Meeting Draft Action Minutes: 2/4/2019 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “ensure the Tri-Party protocol (City of Palo Alto, Santa Clara County, and Leland Stanford Junior University) is updated.” (New Part N) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “contribute to the on-going maintenance of Peers Park.” (New Part O) AMENDMENT: Council Member DuBois moved, seconded by Council Member Kou to add to the Motion, “return to Council with an Action Item to review a draft letter including mitigations for all impacts.” AMENDMENT WITHDRAWN BY THE MAKER INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “support Palo Alto Unified School District’s (PAUSD) concerns regarding full mitigations for all generated impacts.” (New Part P) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “expanding the list of impacted intersections.” (New Part Q) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part C, “Separation at Charleston” with “Separations.” MOTION AS AMENDED RESTATED: Mayor Filseth moved, seconded by Council Member Kniss to direct Staff to prepare a letter, signed by the Mayor, to the County Board of Supervisors that reflects Council’s direction regarding Stanford University’s General Use Permit Application, addressing the following topics: A. Downtown Area Plan, including the Transit Center; B. Fair-Share Implementation of Area Plan; C. Fair-Share Grade Separations; D. Contribution to the City’s Affordable Housing Fund; E. Long Term Preservation of the Foothills; F. Upstream Flood Water Detention; DRAFT ACTION MINUTES Page 5 of 9 City Council Meeting Draft Action Minutes: 2/4/2019 G. Issues of Residential Preferential Parking (RPP) districts, existing grade separated rail crossings and two existing train stations, and potentially expanding the no-net new trips project; H. Mitigation of housing development impacts within the Academic Growth Boundary (AGB) and roadway impacts; I. Continue the requirement that Santa Clara County affordable housing funds be used within six miles of the AGB; J. Contribute to the on-going maintenance of the College Terrace Library and four parks located in the College Terrace neighborhood; K. Request the opportunity to replace the City’s shuttle service with enhanced Marguerite shuttle service; L. Request an easement to connect Bol Park Path via Hanover Street between California Avenue and Page Mill Road and a $250,000 contribution towards signal modification and other physical improvements for the pathway; M. Consider funding for the City’s Bike and Pedestrian Transportation Plan including exploring pathway options connecting Stanford Research Park to Bol Park and a pathway behind Creekside Inn along Chimalus Drive and crossing guards for areas directly impacted by Stanford University traffic and used frequently by Stanford Affiliates and their families; N. Ensure the Tri-Party protocol (City of Palo Alto, Santa Clara County, and Leland Stanford Junior University) is updated; O. Contribute to the on-going maintenance of Peers Park; P. Support Palo Alto Unified School District’s (PAUSD) concerns regarding full mitigations for all generated impacts; and Q. Expanding the list of impacted intersections. MOTION AS AMENDED PASSED: 6-0 Tanaka absent MOTION: Council Member DuBois moved, seconded by Council Member Kou to direct Staff to return to Council with an Action item to review a draft of letter that includes a list of all impacts of the General Use Permit on Palo Alto and City Services, incorporating feedback from Council with the goal of fully mitigating all impacts.” DRAFT ACTION MINUTES Page 6 of 9 City Council Meeting Draft Action Minutes: 2/4/2019 MOTION FAILED: 3-3 DuBois, Kniss, Kou yes, Tanaka absent Council took a break from 8:12 P.M. to 8:22 P.M. Council Member Tanaka returned to the meeting at 8:22 P.M. 7. PUBLIC HEARING / QUASI-JUDICIAL: Consideration of Appeals of the Planning and Community Environment Director’s Decisions on Seven Crown Castle Tier 3 Wireless Communication Facilities (WCF) Small Cell Nodes (Cluster 2, University South, File 17PLN -00433) to Conditionally Approve Five Nodes and Deny two Nodes; Appealed by Crown Castle and United Neighbors. The Seven Appealed Tier 3 WCF Permits are in the Public Right of Way Utilizing six Replacement Streetlights and one new Pole Adjacent to the Public Facilities Zone: City Hall Police Station, 275 Forest; Commercial Downtown CD-C (P) Zone: 345 Forest; Residential Transition (SOFA) RT -35 Zone: 248 Homer, 190 Channing; and the DHS (SOFA) Zone: 385 Homer, 905 Waverley (Formerly 400 Channing), 845 Ramona. Environmental Assessment: Exempt Under California Environmental Equality Act (CEQA) Guidelines Section 15303 and Public Resources Code 21080. Public Hearing opened at 8:40 P.M. Public Hearing closed at 9:27 P.M. MOTION: Council Member Kniss moved, seconded by Mayor Filseth to uphold the January 4, 2019 decisions made by the Director of Planning and Community Environment, by approving a Record of Land Use Action for: A. Conditional approval of five Wireless Communication Facilities (WCF) nodes on these replacement streetlights: i. Node 25, CPAU Streetlight # 23 (near 275 Forest Avenue); ii. Node 27, CPAU Streetlight # 82 (near 248 Homer Avenue); iii. Node 29, CPAU Streetlight # 76 (near 385 Homer Avenue); iv. Node 30, CPAU Streetlight # 86 (near 845 Ramona Street); v. Node 31, CPAU Streetlight # 16 (near 190 Channing Avenue); B. Denial of two WCF nodes on: i. One replacement streetlight, Node 26, CPAU Streetlight # 32 (near 345 Forest Avenue); and DRAFT ACTION MINUTES Page 7 of 9 City Council Meeting Draft Action Minutes: 2/4/2019 ii. One new pole structure, Node 28 (near 905 Waverley Street (also known as 400 Channing Avenue)). SUBSTITUTE MOTION: Council Member Kou moved, seconded by Council Member XX to: A. Deny the record of Land Use Action; B. Enact a moratorium on approval of installation of Wireless Communication Facilities (WCF) until lawsuits and legislation (H.R. 530 Eshoo) are finalized; and C. Join the cities of Burlingame, San Bruno, San Francisco, and San Jose in their lawsuit against the recent Federal Communications Commission (FCC) Order. SUBSTITUTE MOTION FAILED DUE TO THE LACK OF A SECOND AMENDMENT: Council Member Kou moved, seconded by Council Member DuBois to add to the Motion, “add a Condition of Approval, ‘if litigation against the FCC Order succeeds, or Congresswoman Anna Eshoo’s legislation passes, all above ground approved Nodes would be located below ground.’” INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Amendment, “but not permitted” after “ground approved” and “in alignment with the City’s existing agreements, to the extent feasible.” AMENDMENT AS AMENDED RESTATED: Council Member Kou moved, seconded by Council Member DuBois to add to the Motion, “add a Condition of Approval, that nodes would be located below ground, if litigation against the FCC Order succeeds, or Congresswoman Anna Eshoo’s legislation passes, and nodes are not yet permitted; or upon replacement or reconstruction to the extent allowed by the City’s existing agreements and to the extent feasible.’” AMENDMENT AS AMENDED PASSED: 4-3 Cormack, Fine, Kniss no MOTION AS AMENDED RESTATED: Council Member Kniss moved, seconded by Mayor Filseth to uphold the January 4, 2019 decisions made by the Director of Planning and Community Environment, by approving a Record of Land Use Action for: A. Conditional approval of five Wireless Communication Facilities (WCF) nodes on these replacement streetlights: DRAFT ACTION MINUTES Page 8 of 9 City Council Meeting Draft Action Minutes: 2/4/2019 i. Node 25, CPAU Streetlight # 23 (near 275 Forest Avenue); ii. Node 27, CPAU Streetlight # 82 (near 248 Homer Avenue); iii. Node 29, CPAU Streetlight # 76 (near 385 Homer Avenue); iv. Node 30, CPAU Streetlight # 86 (near 845 Ramona Street); v. Node 31, CPAU Streetlight # 16 (near 190 Channing Avenue); B. Denial of two WCF nodes on: i. One replacement streetlight, Node 26, CPAU Streetlight # 32 (near 345 Forest Avenue); ii. One new pole structure, Node 28 (near 905 Waverley Street (also known as 400 Channing Avenue)); and C. Add a Condition, that nodes would be located below ground, if litigation against the FCC Order succeeds, or Congresswoman Anna Eshoo’s legislation passes, and nodes are not yet permitted; or upon replacement or reconstruction to the extent allowed by the City’s existing agreements and to the extent feasible. SUBSTITUTE MOTION: Council Member DuBois moved, seconded by Council Member Kou to request to extend tolling on the Shot Clock to explore locating Nodes 25, 27, and 29 on City Hall, with approval of Nodes 30 and 31, and denials of Nodes 26 and 28. SUBSTITUTE MOTION WITHDRAWN BY THE MAKER MOTION AS AMENDED PASSED: 4-3 DuBois, Kou, Tanaka no Council Member DuBois left the meeting at 10:45 P.M. 8. Resolution 9817 Entitled, “Resolution of the Council of the City of Palo Alto Scheduling the City Council Summer Break and Winter Clo sure for 2019.” MOTION: Council Member Kniss moved, seconded by Council Member Cormack to adopt a Resolution scheduling the City Council 2019 Summer Break from Tuesday, June 25, 2019 to Sunday, August 4, 2019, and Winter Closure from Tuesday, December 17, 2019 to Sunday, January 5, 2020. MOTION PASSED: 6-0 DuBois absent DRAFT ACTION MINUTES Page 9 of 9 City Council Meeting Draft Action Minutes: 2/4/2019 State/Federal Legislation Update/Action None. Adjournment: The meeting was adjourned at 10:48 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 6 Special Meeting February 11, 2019 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:08 P.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Absent: Special Orders of the Day 1. Fire Safety Month Poster Award Recognition to Palo Alto Unified School District Students for Excellence in Art Creativity and Messaging. 2. Celebrating the City’s Achievement in Dramatically Improving Palo Alto Street Conditions. Study Session 3. Study Session Regarding the Cubberley Master Plan. Agenda Changes, Additions and Deletions Council will hear City Manager Comments after the Consent Calendar. Minutes Approval 4. Approval of Action Minutes for the January 28, 2019 Council Meeting. MOTION: Vice Mayor Fine moved, seconded by Council Member DuBois to approve the Action Minutes for the January 28, 2019 Council Meeting. MOTION PASSED: 7-0 Consent Calendar Council Member Kniss registered a no vote on Agenda Item Number 5 - Appointment of the 2019 Emergency Standby Council. MOTION: Vice Mayor Fine moved, seconded by Council Member Kniss to approve Agenda Item Numbers 5-8. 5. Appointment of the 2019 Emergency Standby Council. DRAFT ACTION MINUTES Page 2 of 6 City Council Meeting Draft Action Minutes: 02/08/2019 6. Authorize the City Manager to Execute Agreements for Additional Severance Payment to Employees Impacted by Service Delivery Changes at the Palo Alto Animal Shelter . 7. Adoption of an Amended Salary Schedule for the 2016 -2019 Management and Professional Employees Compensation Plan to Increase the Salary Range to $136,593-$204,880 for the Chief Transportation Official Position. 8. Approval of the Appointment of Jonathan Lait as the Planning and Community Environment Director and Approval of an Employment Agreement. MOTION FOR AGENDA ITEM NUMBER 5 PASSED: 5-2 Kniss, Tanaka no MOTION FOR AGENDA ITEM NUMBERS 6-8 PASSED: 6-1 Tanaka no Action Items 9. PUBLIC HEARING / QUASI-JUDICIAL, 375 Hamilton Avenue, Downtown Garage [17PLN-00360]: (1) Resolution 9818 Entitled, “Resolution of the Council of the City of Palo Alto Certifying the Final Environmental Impact Report, Adopting Findings, and a Mitigation Mon itoring and Reporting Program Pursuant to the California Environmental Quality Act (CEQA) for the Project;” (2) Approval of a Record of Land Use Action Approving Architectural Review Application [File 17PLN-00360] for a new Five-story, Nearly 50-foot Tall Parking Structure With Height Exceptions for Elevator and Photovoltaic Structures, With one Below Grade Parking Level Providing 324 Public Parking Spaces and Retail Space on the City's Surface Parking lot Zoned Public Facilities; and (3) Approval of Contract Amendment Number 1 to Contract Number C17166279 With Watry Design, Inc. in the Amount of $352,977 and Authorization for the City Manager or his Designee to Execute the Contract. Public Hearing opened at 7:29 P.M. Public Hearing closed at 7:51 P.M. MOTION: Council Member DuBois moved, seconded by Council Member XX to: A. Adopt a Resolution certifying the Downtown Garage Project Final Environmental Impact Report (EIR) and making required findings under the California Environmental Quality Act (CEQA), including DRAFT ACTION MINUTES Page 3 of 6 City Council Meeting Draft Action Minutes: 02/08/2019 findings related to environmental impacts, mitigation measures and alternatives, and adopting a Mitigation Monitoring and Reporting Program (MMRP); B. Approve a Record of Land Use Action approving Architectural Review Application [File 17PLN-00360] for a new five-level parking structure, with one below-grade parking level, providing 324 public parking spaces and 2,026 square feet of ground floor retail space on the City's surface parking lot zoned Public Facilities, as recommended by the Architectural Review Board (ARB); and C. Approve and authorize the City Manager or his designee to execute Amendment Number. 1 to Contract C17166279 with Watry Design, Inc. for basic design services including $352,977 and $35,298 for additional services for the New Downtown Parking Garage capital project (PE15007). This amendment results in a revised total contract amount of $2,287,866. MOTION FAILED DUE TO THE LACK OF A SECOND MOTION: Vice Mayor Fine moved, seconded by Council Member Kniss to: A. Adopt a Resolution certifying the Downtown Garage Project Final Environmental Impact Report (EIR) and making required findings under the California Environmental Quality Act (CEQA), including findings related to environmental impacts, mitigation measures and alternatives, and adopting a Mitigation Monitoring and Reporting Program (MMRP); B. Approve a Record of Land Use Action approving Architectural Review Application [File 17PLN-00360] for a new five-level parking structure, with one below-grade parking level, providing 324 public parking spaces and 2,026 square feet of ground floor retail space on the City's surface parking lot zoned Public Facilities, as recommended by the Architectural Review Board (ARB), for a three year period; and C. Direct Staff to return to the Policy and Services Committee with a parking management strategy and options to address Downtown parking needs. AMENDMENT: Council Member DuBois moved, seconded by Council Member XX to add to the Motion Part C, “returning to Council before Summer Break with a proposal on the design contract.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND DRAFT ACTION MINUTES Page 4 of 6 City Council Meeting Draft Action Minutes: 02/08/2019 AMENDMENT: Council Member DuBois moved, seconded by Council Member Tanaka to add to the Motion Part C, “returning to Council prior to the Council Summer Break.” AMENDMENT FAILED: 3-4 DuBois, Kou, Tanaka yes MOTION PASSED: 7-0 Council took a break from 8:52 P.M. to 9:05 P.M. 10. PUBLIC HEARING: Adoption of an Ordinance Amending Chapter 18.18 (Downtown Commercial District) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Repeal Section 18.18.040 Regarding a Non-residential Square Footage Cap in the (CD) Downtown Commercial Zoning District to Implement and Conform to the Updated Comprehensive Plan; and Section 18.18.040 Implemented Policy L-8 of the Prior 1998 Comprehensive Plan, Which was Removed as Part of the Adoption of the Comprehensive Plan Update. California Environmental Quality Act (CEQA): This Ordinance is Within the Scope of the Comprehensive Plan Environmental Impact Report (EIR) Certified and Adopted on November 13, 2017 by Council Resolution Number 9720 (Continued From December 3, 2018). Public Hearing opened at 9:15 P.M. Public Hearing closed at 9:56 P.M. MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to: A. Find the Ordinance within the scope of the Comprehensive Plan Environmental Impact Report (EIR) certified and adopted on November 13, 2017 by Council Resolution Number 9720; and B. Adopt an Ordinance implementing City Council direction from January 30, 2017 to repeal Palo Alto Municipal Code (PAMC) Section 18.18.040 regarding a non-residential floor area restriction in the CD Downtown Commercial Zoning District. SUBSTITUTE MOTION: Council Member Kou moved, seconded by Council Member XX to retain the Downtown Cap and the moratorium and during the moratorium, direct Staff to return with an update to Phase I and complete the Phase II study. SUBSTITUTE MOTION FAILED DUE TO THE LACK OF A SECOND DRAFT ACTION MINUTES Page 5 of 6 City Council Meeting Draft Action Minutes: 02/08/2019 SUBSTITUTE MOTION: Mayor Filseth moved, seconded by Council Member DuBois to: A. Find the Ordinance within the scope of the Comprehensive Plan Environmental Impact Report (EIR) certified and adopted on November 13, 2017 by Council Resolution No. 9720; B. Retain the restriction on nonresidential floor area in the CD Downtown Commercial Zoning District, found in PAMC Section 18.18.040, but exempt net new retail uses, and modify Section 18.18.040 to retain all other sections in Chapter 18.18 once the 350,000 square foot nonresidential cap is reached; and C. Direct Staff to complete the Phase II policy analysis and return to Council for discussion and potential further direction. SUBSTITUTE MOTION FAILED: 3-4 DuBois, Filseth, Kou yes INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return with a Phase II study on net new office floor area, including square footage per office staff.” (New Part C) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part C, “and draft policy recommendations to encourage housing production Downtown including possible restrictions to office space Downtown if needed.” MOTION AS AMENDED RESTATED: Council Member Kniss moved, seconded by Vice Mayor Fine to: A. Find the Ordinance within the scope of the Comprehensive Plan Environmental Impact Report (EIR) certified and adopted on November 13, 2017 by Council Resolution No. 9720; B. Adopt an Ordinance implementing City Council direction from January 30, 2017 to repeal Palo Alto Municipal Code (PAMC) Section 1 8.18.040 regarding a non-residential floor area restriction in the CD Downtown Commercial Zoning District; and C. Direct Staff to return with a Phase II study on net new office floor area, including square footage per office staff and draft policy recommendations to encourage housing production Downtown including possible restrictions to office space Downtown if needed. DRAFT ACTION MINUTES Page 6 of 6 City Council Meeting Draft Action Minutes: 02/08/2019 MOTION AS AMENDED PASSED: 4-3 DuBois, Filseth, Kou no State/Federal Legislation Update/Action None. Adjournment: The meeting was adjourned at 10:47 P.M.