HomeMy WebLinkAbout2021-06-22 City Council Action MinutesCITY COUNCIL
ACTION MINUTES
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Special Meeting
June 22, 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
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Numbers 2
and 5.
MOTION: Vice Mayor Burt moved, seconded by Council Member Cormack
to approve Agenda Item Numbers 1-5.
1. Approval of Construction Contract Number C21178601A With
Azulworks, Inc. in the Amount of $1,954,900; Authorization for the
City Manager to Negotiate and Execute Change Orders up to a Not-to-
Exceed Amount of $195,490 for the Rinconada Park Improvement
Project, Capital Improvement Program Project PE-08001; and Approval
of Budget Amendments in the Stormwater Management Fund and the
Capital Improvement Fund.
2. Approval of a Lease Agreement With BioScience Properties for the
Regional Water Quality Control Plant Workspace at 1900 Embarcadero
Road in the Estimated Total Amount of $1.73 Million for a Period of
Five-years; and Approval of a Fiscal Year 2022 Budget Amendment in
the Wastewater Treatment Fund.
3. Approval of: 1) Construction Contract With O'Grady Paving, Inc. in the
Amount of $6,688,253 and Authorization for the City Manager to
Negotiate and Execute Change Orders up to a Not-to-Exceed Amount
of $668,825; 2) Contract Amendment Number 4 to Contract
C14150694 With Mark Thomas and Company in the Amount of
$27,136; and 3) Resolution 9977 Entitled, “Resolution of the Council of
the City of Palo Alto for Senate Bill 1, the Road Repair and
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Accountability Act for Fiscal Year 2022, Providing the Project List for
the Charleston-Arastradero Corridor Project – Phase 3, Capital
Improvement Program Project (CIP) PE-13011.”
4. Approval of Contract Number C21181431 With Palo Alto Housing
Corporation (PAHC) Housing Services, LLC for a Not-to-Exceed Amount
of $316,236 to Provide Administration and Consulting Services for the
City’s Below Market Rate Housing Program for a Term of Two-years
Through June 2023; and Approve a Fiscal Year 2022 Budget
Amendment in the Residential Housing Fund.
5. Approval of: 1) Contract Amendment Number Four to Contract Number
C12142825 With NV5, Inc in an Amount Not-to-Exceed $527,146 to
Incorporate the Approved California Department of Transportation
(Caltrans) Additional Budget Request for the Newell Road/San
Francisquito Creek Bridge Replacement Project, Capital Improvement
Program (CIP) Project PE-12011, and to Extend the Contract Through
December 31, 2024; 2) a Cooperation Agreement With the City of East
Palo Alto; and 3) a Budget Amendment in the Capital Improvement
Fund
MOTION PASSED FOR AGENDA ITEMS 2 AND 5: 6-1 Tanaka no
MOTION PASSED FOR AGENDA ITEM 1, 3, 4: 7-0
City Manager Comments
None
Action Items
6. Consideration of Rescinding the City’s Local Emergency Proclamation;
Adopt Emergency Ordinance 5527 Entitled, “Ordinance of the Council
of the City of Palo Alto to Continue the Uplift Local Encroachment
Permit Program, Including Temporary Parklets;” and Discuss and
Provide Direction on Street Closures Under the Uplift Local Streets
Program.
MOTION: Mayor DuBois moved, seconded by Council Member XX to:
A. End the City’s Local Emergency on July 1, 2021;
B. Pass the Emergency Ordinance to continue the Permit Encroachment
Program;
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C. Support the City Manager’s suggestion to open the downtown area on
July 6, 2021, and California Avenue on September 7, 2021; and
D. Allocate $50,000 to the Chamber of Commerce to engage with all
businesses for cross-promotional activities and small events from
current year COVID funds.
MOTION FAILED DUE TO THE LACK OF A SECOND
MOTION: Council Member Kou moved, seconded by Council Member
Tanaka to:
A. End the City’s Local Emergency on July 1, 2021;
B. Pass the Emergency Ordinance to continue the Permit Encroachment
Program;
C. Support the City Manager’s suggestion to maintain the closure of the
downtown area and California Avenue until September 30, 2021, and
to open Ramona Street for one-way traffic while keeping the
encroachments of the cafes;
D. Allocate $50,000 to the Chamber of Commerce to engage with all
businesses for cross-promotional activities and small events from
current year COVID funds; and
E. Direct Staff to collect sales data of willing businesses.
AMENDMENT: Vice Mayor Burt moved, seconded by Council Member
Tanaka to continue with the current closure for Ramona Street as a half-
closed configuration.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to remove the beginning of the Motion Part C,
“Support the City Manager’s suggestion to maintain…”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add onto Motion Part C, “...and review the next
actions of the closures of California Avenue and University Avenue after
Council Summer break.”
AMENDMENT PASSED: 5-2 DuBois, Kou no
AMENDMENT: Vice Mayor Burt moved, seconded by Council Member
Cormack to add to the Motion as a proposed Part F:
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F. Direct Staff to include in its workplan a streetscape design to pursue
design expertise from the local AIA Chapter or others, and to include
an evaluation of potential sites for permanent performance stages in
downtown.
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the end the Amendment,
“…performance stages on California Avenue and other potential areas such
as downtown...”
MOTION: Mayor DuBois moved, seconded by Vice Mayor Burt to continue
this item to the end of the meeting.
MOTION PASSED: 4-3 Cormack, Filseth, Tanaka no
COUNCIL CONTINUED THIS ITEM AND RETURNED TO IT AT 11:50
P.M.
INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE
MAKER AND SECONDER to change the Amendment to read, “…for
streetscape design on California Avenue to pursue design expertise...”
AMENDMENT AS AMENDED: Vice Mayor Burt moved, seconded by Council
Member Cormack to add onto the Motion as a proposed Part F:
F. Direct Staff to include in its workplan a streetscape design on
California Avenue to pursue design expertise from the local AIA
Chapter or others, and to include an evaluation of potential sites for
permanent performance stages in other potential areas such as
downtown.
AMENDMENT AS AMENDED PASSED: 4-2 Filseth, Kou no, DuBois absent,
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion Part C, “…direct Staff to
reroute pedestrians onto the sidewalk of University Avenue…”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion Part F, “…have Staff return
with a process recommendation to pursue a pro-bono design expertise such
as AIA, ARB or others…”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER: to restate Motion Part E as, “Direct Staff to
provide available data attempting to distinguish impacts on closed streets
versus non-closed streets of willing businesses;”
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INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER: to add to the end of Motion Part E, “…to the
extent allowed legally;”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER: to update the beginning of Motion Part E as,
“Direct Staff to provide an analysis—to the extent the available data allows—
…”
MOTION AS AMENDED: Council Member Kou moved, seconded by Council
Member Tanaka to:
A. End the City’s Local Emergency on July 1, 2021;
B. Pass the Emergency Ordinance to continue the Permit Encroachment
Program;
C. Continue with the closure of the downtown area and California Avenue
until September 30, 2021, continue with the current closure for
Ramona Street as a half-closed configuration, direct Staff to reroute
pedestrians onto the sidewalk of University Avenue, and review the
next actions of the closures of California Avenue and University
Avenue after Council Summer break;
D. Allocate $50,000 to Chamber of Commerce to engage with all
businesses for cross-promotional activities and small events from
current year COVID funds;
E. Direct Staff to provide an analysis—to the extent the available data
allows—in order to distinguish impacts on closed streets versus non-
closed streets of willing businesses to the extent allowed legally; and
F. Direct Staff to include in its workplan for streetscape design on
California Avenue, have Staff return with a process recommendation to
pursue a pro-bono design expertise such as AIA, ARB or others, and to
include an evaluation of potential sites for permanent performance
stages in other potential areas such as downtown.
MOTION AS AMENDED PASSED: 6-0 DuBois absent
7. Review of the Policy & Services Committee's Recommendation on
State Legislative Advocacy; Discussion and Direction on Potential
Alterations to the City's State Legislative Advocacy Program and
Related Actions.
MOTION: Mayor DuBois moved, seconded by Council Member Stone to:
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A. Continue with Strategy Option Number 3 (Strategic Weighing in on
Issues of Interest to the City);
B. Support the 4 police bills (SB2, SB 16, AB 26, AB 718) as
recommended by Staff; and
C. Ask Staff to evaluate whether we should support Energy Innovation
and Carbon Dividend Act under existing legislative guidelines and if so
prepare a letter of support.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER: to add onto the Motion as Part D:
D. Direct Staff and Lobbyist to provide a forensic memorandum of a
limited number (less than 25) of bills as legislative updates with the
consultation of different City departments.
MOTION AS AMENDED: Mayor DuBois moved, seconded by Council
Member Stone to:
A. Continue with Strategy Option #3 (Strategic Weighing in on Issues of
Interest to the City);
B. Support the 4 police bills (SB2, SB 16, AB 26, AB 718) as
recommended by Staff;
C. Ask Staff to evaluate whether we should support Energy Innovation
and Carbon Dividend Act under existing legislative guidelines and if so
prepare a letter of support; and
D. Direct Staff and Lobbyist to provide a forensic memorandum of a
limited number (less than 25) of bills as legislative updates with the
consultation of different City departments.
MOTION AS AMENDED PASSED: 7-0
8. PUBLIC HEARING / QUASI-JUDICIAL. 250 Hamilton Avenue [20PLN-
00118]: Appeal of Director's Approval of Three Wireless
Communication Facilities (Verizon Cluster 4) by Verizon to be Placed
Adjacent to 853 and 1221 Middlefield Road and 850 Webster Street.
Environmental Assessment: Exempt From the Provisions of California
Environmental Quality Act (CEQA) per Section 15303 (New
Construction and Conversion of Small Structures) and 15311
(Accessory Structures).
Public Hearing opened at 9:13 P.M.
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Public Hearing closed at 9:53 P.M.
MOTION: Council Member Kou moved, seconded by Council Member Stone
to uphold the appeal denying the WCF Nodes based on:
A. Procedural noticing requirements due to misleading notices to
residents and the omission of notices to certain residents; and
B. Compliance Grounds due to not meeting the City’s objective and
design standards, specifically the single shroud and an inadequate
screening.
SUBSTITUTE MOTION: Council Member Cormack moved, seconded by
Council Member Filseth to deny the appeal and uphold the initial Director’s
Determination and that the screening is provided by trees that have foliage
throughout the year, and the applicant is to conduct additional outreach to
residents of Channing House including participation exception.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER: to remove, ”…and the
screening is provided by trees that have foliage throughout the year…”
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE
CONSENT OF THE MAKER AND SECONDER: to add “…on Nodes 061 and
205, extend the shot clock through a tolling agreement for 45 days on Node
204, and require…”
SUBSTITUTE MOTION AS AMENDED: Council Member Cormack moved,
seconded by Council Member Filseth to:
A. Deny the appeal and uphold the initial Director’s Determination on
Nodes 061 and 205;
B. Extend the shot clock through a tolling agreement for 45 days on Node
204; and
C. Require that the applicant conducts additional outreach to residents of
Channing House including participation.
SUBSTITUTE MOTION PASSED: 4-2 DuBois absent, Kou, Stone no
Council took a break at 11:41 P.M. and returned at 11:50 P.M.
Adjournment: The meeting was adjourned at 12:23 A.M. in honor of
Talanoa Tuifua, or “Ms. Noa” as most knew her by, who passed last week, an
Administrative Services Department employee for over 20 years.
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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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