HomeMy WebLinkAbout2021-10-18 City Council Action MinutesACTION MINUTES
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City Council
Special Meeting
October 18, 2021
Virtual Only
The City Council of the City of Palo Alto met on this date in virtual
teleconference at 5:01 P.M.
Participating Remotely: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka
Absent:
Closed Session
2. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION Subject:
Hamilton and High, LLC, The Keenan Family Trust, et al. v. City of
Palo Alto, et al. Santa Clara County Superior Court Case No.
20CV366967 Authority: Government Code Section 54956.9(d)(1).
MOTION: Council Member Cormack moved, seconded by Council
Member Filseth to go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:03 P.M.
Council returned from Closed Session at 6:01 P.M.
Mayor DuBois announced no reportable action.
Special Orders of the Day
1. The Great California Shake Out.
NO ACTION TAKEN
Agenda Changes, Additions and Deletions
None
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Action Minutes: 10/18/2021
Consent Calendar
Council Member Kou registered a no vote on Agenda Item Number 4.
Mayor DuBois registered a no vote on Agenda Item Number 4.
Council Member Tanaka registered a no vote on Agenda Item Numbers 5-7.
MOTION: Mayor DuBois moved, seconded by Vice Mayor Burt to approve
Agenda Item Numbers 3-11.
3. Approval of Minutes from October 4, 2021.
4. Adoption of an Ordinance and Resolution 9992 to Extend the
Temporary Outdoor Encroachment Permit Program for Dining, Retail,
and Other Uses, Including the Parklet Pilot Program, until June 30,
2022.
5. Approval of Funding Allocations for the Second Round of Human
Services Resource Allocation Process Funding for FY 2022 in the
Amount of $200,000 and Authorize the City Manager to Execute
Contracts with the Nine Recipient Organizations.
6. Review and Approve a Fire Department Ambulance Subscription
Program: 1) Adopt Ordinance to Establish Program and Fees, and 2)
Approval of a Budget Amendment in the General Fund.
7. Approval of Facility Interior Finishes Replacement Purchase as
Approved in the CIF With Pivot Interiors in the Amount of $349,545
Project PF-02022.
8. Adoption of a Park Improvement Ordinance for Renovations, Expansion
and New Amenities at John Boulware Park as Recommended by the
Parks and Recreation Commission.
9. Review and Approval of the Annual Williamson Act Contract Renewals
Within Palo Alto City Limits (2021).
10. Approval of Fiscal Year 2021 Reappropriation Requests to be Carried
Forward Into Fiscal Year 2022 and Budget Amendments in Various
Funds.
11. Approval of Contract Number C21181420 with West Coast Arborists,
Inc. for a Total Not-to-Exceed Amount of $3,765,380 Over a Three-
Year Term for Tree Pruning and Removal Services.
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ITEM 4 OF MOTION PASSED: 5-2, DuBois, Kou no
ITEMS 5-7 OF MOTION PASSED: 6-1, Tanaka no
ITEMS 3, 8-11 OF MOTION PASSED: 7-0
Action Items
12. Approval of Advanced Metering Infrastructure (AMI) Contract with
Sensus USA Inc. in the Amount of $15,283,218; and Authorization for
the City Manager to Negotiate and Execute Change Orders up to a Not-
to-Exceed Amount of $1,484,000, for a Total Contract Amount Not-to-
Exceed $16,767,218; Approval of Amendment No. 2 with E Source in
an Amount Not-to-Exceed $1,339,947 for Phase 3 AMI Consulting; and
3) Adoption of a Resolution to Transfer up to $18,900,000 from the
Electric Special Project Reserves to the Smart Grid Technology
Installation Project EL-11014.
MOTION: Council Member Cormack moved, seconded by Mayor DuBois to:
A. Approve and authorize the City Manager or their designee to execute
Contract C22177782 (Attachment A) with Sensus USA Inc. (Sensus),
for advanced metering infrastructure (AMI) system and installation
services, in an amount not to exceed $15,283,218 through 12/31/31;
i. Authorize the City Manager or their designee to negotiate and
execute one or more task orders for additional services under
the contract with Sensus for related additional, but unforeseen
work which may develop during the project; the total of which
shall not exceed $1,484,000 or 10% of the implementation cost,
for a total contract amount not to exceed of $16,767,218;
ii. Authorize the City Manager or their designee to determine
whether executing the optional Network Performance Assurance
Services (Contract Exhibit N) for post deployment support of the
AMI network and extension of performance warranty for two
years, in an amount not to exceed $338,531 (included in the
total Sensus contract amount above) is in the City’s best
interests, and approve and authorize the City Manager or their
designee to execute Contract Exhibit N if it is determined to be
in the City’s best interests, not later than six months from the
anticipated completion of AMI deployment;
B. Approve and authorize the City Manager or their designee to execute
Amendment No. 2 to Contract C17165774A (Attachment B) with E
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Source Companies, LLC, for phase 3 AMI consulting services including
project management, system integration, change management, and
field installation oversight, in an amount not to exceed $1,339,947
through 12/31/2025;
C. Approve the adoption of Resolution 9993 (Attachment C), in which
Council:
i. Authorizes the transfer of up to $18.9M from the Electric Special
Project (ESP) reserves to the Smart Grid Technology Installation
Project (EL-11014), as follows:
i. Transfer up to $8.4 million from the ESP reserves to the
Smart Grid Technology Installation Project (EL-11014) for
Electric Advanced Metering Infrastructure (AMI) and smart
grid-related expenditures;
ii. Transfer up to $6.5 million from the ESP reserves to the
Smart Grid Technology Installation Project (EL-11014) for
Water AMI and smart grid-related expenditures as an
inter-fund loan with a repayment term of 5-years with
appropriate interest, upon completion of the project;
iii. Transfer up to $4.0 million from the ESP reserves to the
Smart Grid Technology Installation Project (EL-11014) for
Gas AMI and smart grid-related expenditures as an inter-
fund loan with a repayment term of 5-years with
appropriate interest, upon completion of the project; and
iv. Individual fiscal year transfer amounts up to the totals
listed in the subsections above will be determined based
on annual CIP budgets, and are currently estimated to be
$7 million in FY 2022, $7 million in FY 2023, and $4.9
million in FY 2024.
ii. Approves the commitment of ESP funds to support the electric
AMI Project expenses, and the loan of ESP funds to support the
water and gas AMI Project expenses, and finds that the proposed
fund transfers meet Council’s guidelines for managing the
Electric Special Project Reserve.
MOTION PASSED: 6-1, Tanaka no
13. Consideration of Policy and Services Committee Recommendations to
Council on the Updates to Title 8 of Municipal Code (Tree Protection),
Expanding the Role of the Parks & Recreation Commission, and
Elevating the Position of Urban Forester.
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MOTION: Mayor DuBois moved, seconded by Council Member Kou to:
A. Accept the Policy and Services motion and recommendations and
incorporate them into the updated ordinance;
B. Evaluate the redlines regarding tree replacement and the removal of
protected trees, which were sent in today for inclusion from the Ad-
Hoc Resident group;
C. Evaluate and return with an option to modify the definition of
protected trees 8.10.020.j (3) to include any tree at least 15” in
diameter;
D. Return no later than April 2022 with an ordinance for City Council
review and approval;
E. Return with a recommendation on the elevation of Urban Forester as
part of the budget process;
F. Explore #6 on the role of Parks and Recreation Commission as a forum
for Urban Forestry issues and #8 on the incentives for tree planting
and other issues, such as review of appeals process when there is no
construction proposed, review impacts of neighboring trees, outlying
structures and other concerns with further amendments if needed after
April 2022; and
G. Expand the prioritization of native and drought tolerant tree use in the
Tree Technical Manual and ordinance for replacement of trees.
AMENDMENT: Council Member Stone moved, seconded by Council Member
Kou to add onto the Motion as Part H:
H. Direct Staff to formalize a role in the Parks and Recreation Commission
on Urban Forestry issues
AMENDMENT PASSED: 4-3, Cormack, DuBois, Filseth no
AMENDMENT: Council Member Cormack moved, seconded by Council
Member Tanaka to add onto the Motion as Part I:
I. Direct Staff to conduct further public outreach with the appropriate
Boards and Commissions.
AMENDMENT PASSED: 5-2, Kou, Stone no
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MOTION AS AMENDED: Mayor DuBois moved, seconded by Council
Member Kou to:
A. Accept the Policy and Services motion and recommendations and
incorporate them into the updated ordinance;
B. Evaluate the redlines regarding tree replacement and the removal of
protected trees, which were sent in today for inclusion from the Ad-
Hoc Resident group;
C. Evaluate and return with an option to modify the definition of
protected trees 8.10.020.j (3) to include any tree at least 15” in
diameter;
D. Return no later than April 2022 with an ordinance for City Council
review and approval;
E. Return with a recommendation on the elevation of Urban Forester as
part of the budget process;
F. Explore Policy and Services’ recommendation #8 on the incentives for
tree planting and other issues, such as review of appeals process when
there is no construction proposed, review impacts of neighboring
trees, outlying structures and other concerns (e.g., fire protection and
tree watering during a drought) with further amendments if needed
after April 2022;
G. Expand the prioritization of native and drought tolerant tree use in the
Tree Technical Manual and ordinance for replacement of trees;
H. Direct Staff to formalize a role in the Parks and Recreation Commission
on Urban Forestry issues; and
I. Direct Staff to conduct further public outreach with the appropriate
Boards and Commissions.
MOTION SPLIT FOR THE PURPOSE OF VOTING
PARTS A, B, D, F-I OF MOTION PASSED: 7-0
PART C OF MOTION PASSED: 5-2, Cormack, Tanaka no
PART E OF MOTION PASSED: 6-1, Tanaka no
14. PUBLIC HEARING: Discussion of an Updated Commercial Linkage Fee
Feasibility Study and Adoption of an Ordinance Amending the City's
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Fiscal Year (FY) 2022 Municipal Fee Schedule to Adjust the Affordable
Housing Commercial Impact Fee; the Current Fee is $39.50 per Square
Foot ($20.37 / Square Foot for Hotels).
Public Hearing opened at 10:33 P.M.
Public Hearing closed at 10:41 P.M.
MOTION: Council Member Filseth moved, seconded by Council Member Kou
to adopt an ordinance amending the City’s FY 2022 Adopted Municipal Fee
Schedule for commercial/R&D development to $68.50 per square foot.
MOTION PASSED: 5-2, Cormack, Tanaka no
Adjournment: The meeting was adjourned at 11:20 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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