HomeMy WebLinkAbout2021-02-01 City Council Action MinutesCITY COUNCIL
ACTION MINUTES
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Special Meeting
February 01, 2021
The City Council of the City of Palo Alto met on this date in virtual
teleconference at 5:03 P.M.
Participating Remotely: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka
Absent:
Agenda Changes, Additions and Deletions
NONE
Minutes Approval
1. Approval of Action Minutes for the January 19, 2021 City Council
Meeting.
MOTION: Council Member Cormack moved, seconded by Mayor DuBois to
approve the Action Minutes for the January 19, 2021 City Council Meeting.
MOTION PASSED: 7-0
Consent Calendar
MOTION: Council Member Cormack moved, seconded by Vice Mayor Burt,
third by Council Member XX, fourth by Council Member XX to pull Agenda Item
Number 3 to be heard on a date uncertain.
MOTION FAILED DUE TO THE LACK OF A THIRD AND FOURTH
Council Member Cormack registered a no vote on Agenda Item Number 3.
MOTION: Mayor DuBois moved, seconded by Council Member Cormack to
approve Agenda Item Numbers 2-3.
2. Finance Committee Recommends the City Council Adopt Resolution
9946 Entitled, “Resolution of the Council of the City of Palo Alto
Approving the Execution of Contract 20-SNR-02365 United States
Department Of Energy Western Area Power Administration, Sierra
Nevada Region, Contract For Electric Service Base Resource With City
Of Palo Alto to Preserve the City’s Options to Maintain, Terminate, or
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Reduce its Allocation Until June 30, 2024.”; and Approve the 2025 Base
Resource Power Supply Contract for the Central Valley Project With the Western Area Power Administration to Preserve the City's Options to
Maintain, Reduce, or Terminate the City's Allocation Until June 30, 2024.
3. Ordinance 5514 Entitled, “Ordinance of the Council of the City of Palo
Alto Amending the Municipal Fee Schedule to add Vehicle Entrance Fees
for Foothills Park, and Amending the Palo Alto Municipal Code (PAMC)
Section 22.04.150(k) to Adjust Attendance Limits at Foothills Park”
(FIRST READING: January 19, 2021 PASSED: 6-1 Cormack no);
Adoption of Emergency Ordinance 5515 Entitled, “Ordinance of the
Council of the City of Palo Alto Amending the Municipal Fee Schedule to
add Vehicle Entrance Fees for Foothills Park, and Amending PAMC
Section 22.04.150(k) to Adjust Attendance Limits at Foothills Park”; and
Adoption of Resolution 9940 Entitled, “Resolution of the Council of the
City of Palo Alto Adding a Penalty for Nonpayment of Foothills Park Entry
Fee to the Administrative Penalty Schedule.”
MOTION PASSED FOR AGENDA ITEM 2: 7-0
MOTION PASSED FOR AGENDA ITEM 3: 6-1 Cormack no
Action Items
4. Approval of: 1) Construction Contract Number C21178123B With
Swinerton Builders in the Amount of $83,953,000; 2) Authorization for
the City Manager to Negotiate and Execute Related Change Orders With
Swinerton Builders for a Not-to-Exceed Amount of $8,395,300 for a
Total Not-to-Exceed Contract Amount of $92,348,300; 3) Amendment
Number 4 to Contract C16163034 With Nova Partners, Inc. in the
Amount of $3,071,978 for Construction Management Services; 4) Amendment Number 1 to Contract C17165953 With
RossDrulisCusenbery Architecture, Inc. in the Amount of $1,746,206;
5) Waterproofing Inspection Services Contract Number C2118074 With
Consolidated Engineering Laboratories in the Amount of $106,317; 6)
Authorization to Execute a Short-term Lease for a Portion of the
Courthouse Parking lot From the County of Santa Clara; 7) Authorization
to Negotiate and Execute a Month-to-Month Lease of Parking Stalls From
Caltrain; and 8) Approve the Surveillance Policy and use of a
Construction Video Camera for the Public Safety Building Project (PE-
15001).
5. Resolution 9941 Entitled, “Resolution of the Council of the City of Palo
Alto Authorizing the Delivery and Sale of Certificates of Participation
(COPs) in a Principal Amount Not-to-Exceed $120 Million to Finance the
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Construction of the Public Safety Building; Declaring the Intention to
Reimburse Expenditures Related to the Public Safety Building From Proceeds of the COPs; Approving, Authorizing, and Directing the
Execution of Certain Lease Financing Documents; Approving a
Preliminary Official Statement; and Authorizing and Directing Certain
Related Actions.”
Mayor DuBois advised that Agenda Item Numbers 4 and 5 would be heard
together.
Council took a break at 8:14 P.M. and returned at 8:24 P.M.
MOTION: Mayor DuBois moved, seconded by Council Member Cormack to:
A. Approve and authorize the City Manager or his designee to execute the
attached Construction Contract C21178123B with Swinerton Builders in
an amount not to exceed $83,953,000;
B. Authorize the City Manager or his designee to negotiate and execute
one or more change orders to the contract with Swinerton Builders for
related, additional but unforeseen work which may develop during the
project, the total value of which shall not exceed $8,395,300;
C. Approve and authorize the City Manager or his designee to execute
Amendment Number 4 to Contract C16163034 with Nova Partners, Inc.
to add construction management services for the new Public Safety
Building to the scope of services and increase compensation by
$3,071,978 for a total contract amount of $8,880,906;
D. Approve and authorize the City Manager or his designee to execute
Amendment Number 1 to Contract C17165953 with RossDrulis
Cusenbery Architecture, Inc. to increase compensation by $1,746,206
for a total contract amount of $8,754,198;
E. Approve and authorize the City Manager or his designee to execute
Contract C21180741 with Consolidated Engineering Laboratories for
waterproofing inspection services in an amount not to exceed $106,317;
F. Authorize the City Manager or his designee to execute a short-term
lease for a portion of the Courthouse parking lot from the County of
Santa Clara;
G. Authorize the City Manager or his designee to negotiate and execute a
month-to-month lease agreement for up to 44 parking stalls at the
California Avenue Caltrain Station parking lot; and
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H. Approve the surveillance policy and use of a construction video camera
for the Public Safety Building project, which will be used to visually record and share progress on the construction with Staff and residents
and create a time-lapse video at the end of the project;
I. Adopt a Resolution Approving, Authorizing, and Directing Execution of
Certain Lease Financing Documents, Approving a Preliminary Official
Statement, Declaring the Intention to Reimburse Expenditures, and
Authorizing and Directing Certain Actions with Respect Thereto; and
J. Authorize execution and delivery of one series of Certificates of
Participation (COPs) in an amount not to exceed $120 million to finance
the Public Safety Building construction.
SUBSTITUTE MOTION: Council Member Tanaka moved, seconded by Vice
Mayor Burt to delay decision on the Public Safety Building until there is a
chance to review all Capital Improvement Projects.
SUBSTITUTE MOTION FAILED: 3-4 Cormack, DuBois, Filseth, Kou no
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER, “Direct Staff to examine the fixtures, furniture,
and equipment (FFE) budget and remove all that are not necessary at time of
completion.” (New Part J)
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion, Part H, “Approve the
surveillance policy and use of a construction video camera for the Public Safety
Building project, which will be used to visually record and share progress on
the construction with Staff and residents and create a time-lapse video at the
end of the project.”
MOTION AS AMENDED: Mayor DuBois moved, seconded by Council Member
Cormack to:
A. Approve and authorize the City Manager or his designee to execute the
attached Construction Contract C21178123B with Swinerton Builders in
an amount not to exceed $83,928,000;
B. Authorize the City Manager or his designee to negotiate and execute
one or more change orders to the contract with Swinerton Builders for
related, additional but unforeseen work which may develop during the
project, the total value of which shall not exceed $8,392,800;
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C. Approve and authorize the City Manager or his designee to execute
Amendment Number 4 to Contract C16163034 with Nova Partners, Inc. to add construction management services for the new Public Safety
Building to the scope of services and increase compensation by
$3,071,978 for a total contract amount of $8,880,906;
D. Approve and authorize the City Manager or his designee to execute
Amendment Number 1 to Contract C17165953 with RossDrulis Cusenbery Architecture, Inc. to increase compensation by $1,746,206
for a total contract amount of $8,754,198;
E. Approve and authorize the City Manager or his designee to execute
Contract C21180741 with Consolidated Engineering Laboratories for
waterproofing inspection services in an amount not to exceed $106,317;
F. Authorize the City Manager or his designee to execute a short-term
lease for a portion of the Courthouse parking lot from the County of
Santa Clara;
G. Authorize the City Manager or his designee to negotiate and execute a
month-to-month lease agreement for up to 44 parking stalls at the
California Avenue Caltrain Station parking lot;
H. Adopt a Resolution Approving, Authorizing, and Directing Execution of
Certain Lease Financing Documents, Approving a Preliminary Official
Statement, Declaring the Intention to Reimburse Expenditures, and
Authorizing and Directing Certain Actions with Respect Thereto;
I. Authorize execution and delivery of one series of Certificates of
Participation (COPs) in an amount not to exceed $120 million to finance
the Public Safety Building construction; and
J. Direct Staff to examine the fixtures, furniture, and equipment (FFE)
budget and remove all that are not necessary at time of completion.
MOTION AS AMENDED PASSED: 5-2 Burt, Tanaka no
The meeting was temporarily adjourned at 9:57 P.M. and reconvened at
10:05 P.M.
6. Approval of Contract Number C20175026 With JC Decaux San Francisco,
LLC in the Amount of $1,053,924 for a Five-year Term to Provide the
Rental and Servicing of two Automatic Public Toilets; Approval of a Fiscal
Year 2021 Budget Amendment in the General Fund; and Approval to
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Remove the Automatic Public Toilet Located at Hamilton Ave and
Waverley Street (Continued From November 16, 2020).
MOTION: Mayor DuBois moved, seconded by Council Member Kou to:
A. Approve and authorize the City Manager or his designee to execute
contract C20175026 with JCDecaux San Francisco, LLC (“JCDecaux”) for
an amount not to exceed $1,053,924 for the continued rental of two
Automatic Public Toilets (APT) for five years, with two options to extend the term for five (5) additional years each, by mutual agreement of the
parties, to be exercised by future contract amendment(s) that would be
brought back to Council for approval;
B. Amend the Fiscal Year 2021 Budget Appropriation for the General Fund
by 2/3 Council approval by:
i. Increasing the Public Works Department, Public Services Division
operating budget by $100,608;
ii. Decreasing the budget stabilization reserve by $100,608;
C. Discuss directing Staff to initiate the process to remove the Automatic
Public Toilet located at Hamilton Avenue and Waverley Street as soon
as practical. The removal of this APT would save approximately
$105,000 per year and is planned for removal if the proposed parking
garage for this location is approved; and
D. Direct Staff to evaluate alternatives before this contract expires.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER, “Direct Staff to evaluate options to remove the
penalty for a shorter-term contract.” (New Part E)
MOTION AS AMENDED: Mayor Dubois moved, seconded by Council Member
Kou to:
A. Approve and authorize the City Manager or his designee to execute
contract C20175026 with JCDecaux San Francisco, LLC (“JCDecaux”) for
an amount not to exceed $1,053,924 for the continued rental of two
Automatic Public Toilets (APT) for five years, with two options to extend
the term for five (5) additional years each, by mutual agreement of the
parties, to be exercised by future contract amendment(s) that would be
brought back to Council for approval;
B. Amend the Fiscal Year 2021 Budget Appropriation for the General Fund
by 2/3 Council approval by:
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i. Increasing the Public Works Department, Public Services Division
operating budget by $100,608;
ii. Decreasing the budget stabilization reserve by $100,608;
C. Discuss directing Staff to initiate the process to remove the Automatic
Public Toilet located at Hamilton Avenue and Waverley Street as soon
as practical. The removal of this APT would save approximately
$105,000 per year and is planned for removal if the proposed parking
garage for this location is approved;
D. Direct Staff to evaluate alternatives before this contract expires; and
E. Direct Staff to evaluate options to remove the penalty for a shorter-term
contract.
MOTION AS AMENDED PASSED: 6-1 Tanaka no
7. Formation of Working Group and Council Subcommittee for the 2023-
2031 Housing Element Update Process. (Continued From January 19,
2021).
MOTION: Mayor DuBois moved, seconded by Council Member Kou to:
A. Establish and provide direction to Staff regarding recruitment of a
Working Group to assist with the development of the 2023-2031
Housing Element Update with the addition of two more neighborhood
association representatives, a Parent Teacher Association
representative, a PAUSD Board Member, and a senior organization;
B. Direct Staff to solicit recommendations from City Council Members; and
C. Form an ad-hoc committee.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, Part A, “…an additional
Stanford Research Park representative”.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, Part A, “…and an
environmental representative”.
MOTION AS AMENDED: Mayor DuBois moved, seconded by Council Member
Kou to:
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A. Establish and provide direction to Staff regarding recruitment of a
Working Group to assist with the development of the 2023-2031 Housing Element Update with the addition of two more neighborhood
association representatives, a Parent Teacher Association
representative, a PAUSD Board Member, a senior organization, an
additional Stanford Research Park representative, and an environmental
representative;
B. Direct Staff to solicit recommendations from City Council Members; and
C. Form an ad-hoc committee.
MOTION AS AMENDED PASSED: 7-0
Council took a break at 11:25 P.M. and returned at 11:32 P.M.
8. Colleagues’ Memo Proposing Adoption of Resolution 9942 Entitled,
"Resolution of the Council of the City of Palo Alto Expressing Support for
Actions to Further Strengthen Local Democracy, Authority, and Control
as Related to Local Zoning and Housing Issues".
MOTION: Council Member Kou moved, seconded by Council Member Stone
to Adopt a Resolution "Expressing Support for Actions to Further Strengthen
Local Democracy, Authority, and Control as Related to Local Zoning and
Housing Issues".
MOTION PASSED: 6-1 Cormack no
Adjournment: The meeting was adjourned at 11:51 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in
accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in
accordance with Ordinance No. 5423, the City Council found action minutes
and the video/audio recordings of Council proceedings to be the official records
of both Council and committee proceedings. These recordings are available on
the City’s website.
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