HomeMy WebLinkAboutStaff Report 10155
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
March 18, 2019
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the February 25 and March 4, 2019
Council Meetings
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
• Attachment A: 02-25-19 DRAFT Action Minutes (DOCX)
• Attachment B: 03-04-19 DRAFT Action Minutes (DOCX)
Department Head: Beth Minor, City Clerk
Page 2
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 7
Special Meeting
February 25, 2019
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:03 P.M.
Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka
Absent:
Closed Session
1. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Michelle
Flaherty, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump,
Terence Howzell, and Kiely Nose)
Employee Organization: Service Employees International Union, (SEIU)
Local 521
Authority: Government Code Section 54957.6 (a).
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8
Property: Vacant Land, 3350 Birch Street, Palo Alto, CA
Assessor’s Parcel No. 132-33-050
Agency Negotiators: Ed Shikada, Kiely Nose, and Sunny Tong
Negotiating Parties: Pacific Bell Telephone Co.
Under Negotiation: Purchase Price and Terms of Payment.
MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to go
into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:22 P.M.
Council returned from Closed Session at 7:31 P.M.
Mayor Filseth announced no reportable action.
DRAFT ACTION MINUTES
Page 2 of 7
City Council Meeting
Draft Action Minutes: 02/25/2019
Special Orders of the Day
3. Resolution 9819 Entitled “Resolution of the Council of the City of Palo
Alto Expressing Gratitude and Appreciation to Robert de Geus for two
Decades of Exceptional Public Service to the Palo Alto Community.”
MOTION: Council Member Kniss moved, seconded by Council Member Kou to
adopt a Resolution Expressing Gratitude and Appreciation to Robert de Geus
for two Decades of Exceptional Public Service to the Palo Alto Community.
MOTION PASSED: 7-0
Agenda Changes, Additions and Deletions
None.
Minutes Approval
4. Approval of Action Minutes for the February 2, 4, and 11, 2019 Council
Meetings.
MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to
approve the Action Minutes for the February 2, 4 and 11, 2019 Council
Meetings.
MOTION PASSED: 7-0
Consent Calendar
MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to
approve Agenda Item Numbers 5-11A.
Council Member DuBois registered a no vote on Agenda Item Number 10.
Mayor Filseth registered a no vote on Agenda Item Number 10.
Council Member Kou registered a no vote on Agenda Item Numbers 8, 9, 10.
Council Member Tanaka registered a no vote on Agenda Item Number 11A.
5. Approval of Amendment Number 1 to Contract Number C16166822 With
ARC Document Solutions for Copiers/Printers to Increase the Annual
Amount by $41,000 to add Utilities Bill Printing and Other Departments
for a new Annual Not-to-Exceed Amount of $408,068.
DRAFT ACTION MINUTES
Page 3 of 7
City Council Meeting
Draft Action Minutes: 02/25/2019
6. Approval of the Second Extension of the Pilot Phase of the Southgate
Residential Preferential Parking Program for a Period of Six Months .
7. Resolution 9820 Entitled, “Resolution of the Council of the City of Palo
Alto Declaring Intention to Reimburse Expenditures Related to the Four
Capital Improvement Projects From the Proceeds of the Bonds to be
Issued by the City for Wastewater Treatment Fund for a Not-to-Exceed
Amount of $85 million.”
8. Issuance of a Request for Proposals (RFP) for an Evaluation of
Organizational and Resource Options for the City Auditor's Office and
Refer to the Council Appointed Officers Committee Evaluation of the RFP
Results and Development of Recommendations to the Council.
9. Appointment of Council Member Alison Cormack to the Board of
Directors of the Bay Area Water Supply & Conservation Agency and the
Bay Area Regional Water System Financing Authority.
10. Ordinance 5459 Entitled, “Ordinance of the Council of the City of Palo
Alto Amending Chapter 18.18 (Downtown Commercial District) of Title
18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Repeal Section
18.18.040 Relating to a Nonresidential Square Footage Cap in the CD
Downtown Commercial Zoning District to Implement and Conform to the
Updated Comprehensive Plan 2030 (FIRST READING: February 11, 2019
PASSED: 4-3 DuBois, Filseth, Kou no).”
11. Adoption of the Urban Forest Master Plan Second Edition.
11A. Approval of an Exemption from Competitive Solicitation, Approval of a
Contract With Swatt Miers Architects Inc. in an Amount Not-to-Exceed
$397,725 for Design Services for the Animal Shelter, and Authorization
for the City Manager to Purchase a Modular Building from vendor Design
Space Modular in an Amount Not-to-Exceed $300,000 for the Animal
Shelter Renovation, Capital Improvement Program Project, PE-19002.
MOTION PASSED FOR AGENDA ITEM NUMBERS 5-7, 11: 7-0
MOTION PASSED FOR AGENDA ITEM NUMBER 8: 6-1 Kou no
MOTION PASSED FOR AGENDA ITEM NUMBER 9: 6-1 Kou no
DRAFT ACTION MINUTES
Page 4 of 7
City Council Meeting
Draft Action Minutes: 02/25/2019
MOTION PASSED FOR AGENDA ITEM NUMBER 10: 4-3 DuBois, Filseth,
Kou no
MOTION PASSED FOR AGENDA ITEM NUMBER 11A: 6-1 Tanaka no
Action Items
12. PUBLIC HEARING/QUASI-JUDICIAL: 285 Hamilton Avenue [18PLN-
00006]: Recommendation on Applicant’s Request for a Text Amendment
to Title 18 of the Palo Alto Municipal Code to Allow for Minor Increases
in Height and Floor Area to Provide Access to Roof-top Decks on Existing
Structures in the Commercial Downtown (Community) CD-C Subdistrict,
as well as a Conditional Use Permit and Architectural Review for a
2,600 Square Foot Roof-top Deck on the Roof of the Existing Commercial
Building at 285 Hamilton Avenue. The Planning and Transportation
Commission Reviewed and Recommended Approval (4-2) of the Text
Amendment and Conditional Use Permit at a Public Hearing on October
10, 2018. Environmental Assessment: Exempt per Sections 15301 and
15305 of the California Environmental Quality Act (CEQA) Guidelines.
Zone District: CD-C(GF)(P) (Continued From November 19, 2018).
Public Hearing opened and closed without public comment at 8:35 P.M.
MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to:
A. Find the proposed text amendment and architectural review and
conditional use permit applications exempt from the California
Environmental Quality Act (CEQA) per Guidelines Sections 15301 and
15305; and
B. Introduce for first reading and adopt an Ordinance and approve the
proposed Record of Land Use Action approving architectural review and
conditional use permit applications.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to amend the Ordinance to state “buildings located
in the CD-C subdistrict that are noncomplying for height or gross floor area…”;
and
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to amend the Ordinance to provide the Director
discretion to initiate a Director’s review of any CUP that is the subject of
multiple complaints regarding noise.
DRAFT ACTION MINUTES
Page 5 of 7
City Council Meeting
Draft Action Minutes: 02/25/2019
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to amend the Ordinance to state “For the height
limit exceptions, all fixtures and structures shall not intersect a plane
measured at a forty-five-degree angle from the edge of the building starting
at the rooftop deck surface sloping upward and inward toward the center of
the property.”
AMENDMENT: Council Member DuBois moved, seconded by Council Member
Kou to amend the Record of Land Use Action Section 5. 3. to state “…This use
shall be limited to use only by the building occupants and their employees and
shall be subject to conditions herein.”
AMENDMENT FAILED 3-4 DuBois, Filseth, Kou yes
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to amend the Record of Land Use Action Section 5.
4. to state “…8:00 A.M. to 9:00 P.M. daily.”
AMENDMENT: Council Member DuBois moved, seconded by Council Member
Cormack to amend the Record of Land Use Action Section 5. 5., Amplified
Music, to state “the use of sound amplifying equipment shall be prohibited.”
AMENDMENT PASSED: 4-3 Kniss, Fine, Tanaka no
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to amend the Motion, new Part E., to state “…all
fixtures and structures…”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to direct Staff to return to Council in 2019 and
outline options for the Ordinance to be extended to other areas in the City.
MOTION AS AMENDED PASSED: 5-2 DuBois, Kou no
MOTION AS AMENDED RESTATED: Council Member Kniss moved, seconded
by Vice Mayor Fine to:
A. Find the proposed text amendment and architectural review and
conditional use permit applications exempt from the California
Environmental Quality Act (CEQA) per Guidelines Sections 15301 and
15305;
DRAFT ACTION MINUTES
Page 6 of 7
City Council Meeting
Draft Action Minutes: 02/25/2019
B. Introduce for first reading and adopt an Ordinance and approve the
proposed Record of Land Use Action approving architectural review and
conditional use permit applications;
C. Amend the Ordinance to state “buildings located in the CD-C subdistrict
that are noncomplying for height or gross floor area…”;
D. Amend the Ordinance to provide the Director discretion to initiate a
Director’s review of any CUP that is the subject of multiple complaints
regarding noise;
E. Amend the Ordinance to state “For the height limit exceptions, all
fixtures and structures shall not intersect a plane measured at a forty-
five-degree angle from the edge of the building starting at the rooftop
deck surface sloping upward and inward toward the center of the
property;”
F. Amend the Record of Land Use Action Section 5. 4. to state “…8:00 A.M.
to 9:00 P.M. daily;”
G. Amend the Record of Land Use Action Section 5. 5., Amplified Music, to
state “the use of sound amplifying equipment shall be prohibited;” and
H. Direct Staff to return to Council in 2019 and outline options for the
Ordinance to be extended to other areas in the City.
MOTION AS AMENDED PASSED: 5-2 DuBois, Kou no
Council took a break from 9:47 P.M. to 9:53 P.M.
13. Authorize the City Manager to Explore, Negotiate and Potentially Submit
an Offer to Purchase Property at 3350 Birch Street (Assessor’s Parcel
No. 132-33-050).
MOTION: Mayor Filseth moved, seconded by Council Member Kou to
authorize the City Manager or designee to explore, negotiate and potentially
submit an offer to purchase property located at 3350 Birch Street (Assessor’s
Parcel No. 132-33-050).
MOTION PASSED: 7-0
State/Federal Legislation Update/Action
None.
DRAFT ACTION MINUTES
Page 7 of 7
City Council Meeting
Draft Action Minutes: 02/25/2019
Adjournment: The meeting was adjourned at 10:19 P.M.
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 4
Special Meeting
March 4, 2019
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:05 P.M.
Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou
Absent: Tanaka
Special Orders of the Day
1. Recognition of the Palo Alto Student Winners From the 2018 Synopsis
Science Fair.
2. Recognition of the Winners of the 2019 Palo Alto City Library Kids and
Teens Writing Contest.
Closed Session
3. CONFERENCE WITH CITY ATTORNEY
Subject: Written Liability Claim Against the City of Palo Alto
by Komuna Capital, LLC; Komuna Palo Alto, LLC; and Komuna
Energy, LLC (Claim No. C18-0043)
Authority: Government Code Section 54956.9 (e)(3).
4. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION
Santa Clara County Superior Court, Case No. 16CV300760
(One Case, as Defendant) – Miriam Green v. City of Palo Alto
Authority: Government Code Section 54956.9(d)(1).
MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to go
into Closed Session.
MOTION PASSED: 6-0 Tanaka absent
Council went into Closed Session at 5:20 P.M.
Council returned from Closed Session at 7:00 P.M.
Mayor Filseth announced no reportable action.
DRAFT ACTION MINUTES
Page 2 of 4
City Council Meeting
Draft Action Minutes: 3/4/2019
Agenda Changes, Additions and Deletions
Mayor Filseth announced that Council will hear Oral Communications after
Agenda Item Number 12- Acceptance of the Fiscal Year 2020-2029…
because the Council is ahead of the tentative time listed on the meeting
agenda for Oral Communications.
Consent Calendar
Council Member Kou registered no votes on Agenda Item Numbers
6- Authorize Transmittal of the 2018 Annual Comprehensive Plan and
Housing Element Progress Report… and 8- Approval of a License Agreement
With Crown Castle Towers 06-2, LLC…
MOTION: Council Member Kniss moved, seconded by Council Member
DuBois to approve Agenda Item Numbers 5-11, including updated
attachments for Agenda Item Number 6- Authorize Transmittal of the 2018
Annual Comprehensive Plan and Housing Element Progress Report… as
outlined in the at place Staff Memorandum.
5. Approval of Construction Contract Number C19173793 With
Waterproofing Associates, Inc. in an Amount Not-to-Exceed $282,840
and Authorization of Contract Contingency in an Amount Not-to-
Exceed $28,284 to Replace the Existing K Wing Roof at Cubberley
Community Center.
6. Authorize Transmittal of the 2018 Annual Comprehensive Plan and
Housing Element Progress Report for the Period of January 1, 2018 to
December 31, 2018 to the State of California's Office of Planning and
Research and the Department of Housing and Community
Development (HCD).
7. Resolution 9821 Entitled, “Resolution of the City of Palo Alto Approving
the November 2018 Amended and Restated Water Supply Agreement
Between the City and County of San Francisco Wholesale Customers in
Alameda County, San Mateo County, and Santa Clara County; and
Authorize the City Manager to Execute the Amended and Restated
Water Supply Agreement.”
8. Approval of a License Agreement With Crown Castle T owers 06-2, LLC
for Placement of Telecommunications Facilities on City -Owned Property
Located at 799 Embarcadero Road.
9. Approval of Addendum Number 9 to the Basic Agreement With the
Cities of Mountain View and Los Altos; and Amendment Number 6 to
DRAFT ACTION MINUTES
Page 3 of 4
City Council Meeting
Draft Action Minutes: 3/4/2019
Contract Number C869 With the Board of Trustees of the Leland
Stanford Junior University Related to the Regional Water Quality
Control Plant's Near-term Capital Improvement Program Funding.
10. Approval of Amendment Number 2 to Contract Number S16164688 to
add $100,000 for a Total Not-to Exceed Amount of $400,000 With
Municipal Resources Group for Professional Human Resources
Consulting Services.
11. Approval of Four Professional Services Agreements With: (1) BluePoint
Planning; (2) Bovo Tighe; (3) Management Partners; and (4) Municipal
Resource Group for Organizational Development Over a Three -year
Term, all Subject to an Aggregate Not-to-Exceed Amount of $450,000.
MOTION FOR AGENDA ITEM NUMBERS 5, 7, 9-11: 6-0 Tanaka absent
MOTION FOR AGENDA ITEM NUMBERS 6 AND 8: 5-1 Kou no, Tanaka
absent
Action Items
12. Acceptance of the Fiscal Year 2020-2029 Long Range Financial
Forecast.
MOTION: Mayor Filseth moved, seconded by Council Member Cormack to
accept the Fiscal Year 2020 – Fiscal Year 2029 Long Range Financial
Forecast (LRFF) and include deltas in the assumptions from the Long Range
Financial Forecast when the budget is presented.
AMENDMENT: Council Member DuBois moved, seconded by Council
Member XX to add to the Motion, “that the LRFF include a scenario for the
General Fund and enterprise funds using a rolling average of recent
increases with an explanation of assumptions included.”
AMENDMENT AS AMENDED RESTATED: Council Member DuBois moved,
seconded by Council Member XX to add to the Motion, “that the LRFF include
an alternative scenario for the General Fund and enterprise funds using
consideration of recent salary and benefit changes with an explanation of
assumptions included.”
AMENDMENT WITHDRAWN BY THE MAKER
MOTION PASSED: 6-0 Tanaka absent
DRAFT ACTION MINUTES
Page 4 of 4
City Council Meeting
Draft Action Minutes: 3/4/2019
State/Federal Legislation Update/Action
None.
Adjournment: The meeting was adjourned at 8:24 P.M.