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HomeMy WebLinkAbout2023-08-07 City Council Summary MinutesCITY COUNCIL SUMMARY MINUTES Page 1 of 17 Regular Meeting August 7, 2023 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: Absent: SPECIAL ORDERS OF THE DAY 1. Neighbors Abroad and Chris Cummings Presentation on Recent Activities with Palo Alto Sister City Tsuchiura, Japan CLOSED SESSION 2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Tori Anthony, and Molly Stump) Employee Organization: Service Employees International Union, (SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’ Association (FCA); Authority: Government Code Section 54957.6 (a) 3. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Swinerton Builders; Pacific Structures, Inc.; Commercial Controls Corporation; Walters & Wolf; WSA Compliance, LLC; Helix Construction Company; Broadway Mechanical Contractors, Inc. (BMC); Sandis; and Northern Services, Inc. Authority: Government Code Section 54956.9(d)(3) MOTION: Vice Mayor Stone moved, seconded by Council Member Burt, to go into Closed Session. SUMMARY MINUTES Page 2 of 17 City Council Meeting Summary Minutes: 08/07/2023 MOTION PASSED: 7-0 Council went into Closed Session at 6:00 P.M. Council returned from Closed Session at 7:20 P.M. Mayor Kou announced nothing to report. STUDY SESSION 4. 4075 El Camino Real (23PLN-00391): Request for Prescreening of a Proposal to Modify an Existing Planned Community (PC) to Allow 14 Additional Senior Convalescent Units, Including an Increase in the FAR, Lot Coverage, Density, and Height Within the Daylight Plane. Environmental Assessment: Not a Project. The Formal Application Will be Subject to California Environmental Quality Act (CEQA) Review. Emily Kallas, Project Planner, described the Council prescreening process. This prescreening proposes to add 14 additional units to an existing 121-unit assisted living and memory care facility. Assisted living is considered a commercial use. The units do not have kitchens and do not qualify as housing units. She showed conceptual plans demonstrating the daylight plane encroachment, which varies from 6 to 12 feet. PC projects are required to have a public benefit, and this would provide additional housing for seniors. The project deviates from development standards in that it encroaches into the daylight plane adjacent to single-family houses, increases the density by 14 units, and reduces the parking ratio, though parking on site is sufficient. Staff recommended that Council conduct a prescreening to provide informal comments, which are not considered binding. Steve Sandholtz, CEO of WellQuest Living, believed this was an important project that would help maintain the viability of Palo Alto Commons for a long time. He reviewed the project information and showed the zoning map, landscape plans, and effects on the daylight plane. There is a renovation in progress currently to modify some of the common areas. The next phase would be this unit expansion, followed by exterior improvements. Council Member Burt stated his biggest concern was the impact on the daylight plane. He stated the project was originally designed with the step-downs at the rear specifically to respect the daylight planes. He asked if the applicant had looked at adding the additional square footage to the three-story units in the front or to the surface parking area. He also questioned the current staff-to-resident ratio and the impacts on parking for additional staff. Mr. Sandholtz stated they had not looked at those alternatives. It would be difficult to cover the parking lot because of the flow of traffic to the front door. It was felt the proposed option had minimal impact and was the most viable to create the least disruption to residents through SUMMARY MINUTES Page 3 of 17 City Council Meeting Summary Minutes: 08/07/2023 construction. The added units would be staffed at 1:8 to 1:10, so another 1 to 2 staff would be added. Most of the employees use public transportation, and the parking is underutilized. Council Member Lythcott-Haims noted this does not have an affordable component and PC zones require 20% affordable. Jonathan Lait, Planning Director, explained the distinction between this prescreening idea and a planned home zoning application. The PC is not subject to the PHZ additional threshold standards of 20% inclusionary and more housing units than jobs generated. Vice Mayor Stone had concern around the daylight plane. He felt it would be better to move the units to the front if possible but that there was an important benefit to 14 additional units. He asked if there would be displacement of residents during the time of construction. Mr. Sandholtz hoped displacement would be minimal. The current construction of the common areas is significantly more disruptive. The second phase will be done from the outside in and not disrupt services in the building. The plan was to retain vacant units leading up to that so any residents displaced by the construction could be kept in the community. Council Member Veenker asked about the need in the community for additional assisted living space. Mr. Sandholtz explained that most residents are admitted after they have had a change in condition and need to move in quickly. It is not common to have a long waitlist for these units because it is need based, but this facility stays full and the units are filled quickly. Council Member Veenker was also concerned about the daylight plane. She wondered if some areas of the building that would impact the daylight plane could stay at two stories. She noted she would be receptive to adding a fourth floor toward El Camino if feasible even though it would exceed the height limit. She was interested in hearing more about options and impacts on the residents and neighbors. She noted adding bicycle parking for visitors would be nice. PUBLIC COMMENT: 1. Aram James (Zoom) related his experience with his mother in assisted living. He was interested in whether the applicant would be receptive to offering a few affordable units even though it is not required. 2. Mona He, property owner at the corner of the new proposal, stated the current property already casts a huge shadow in her backyard. She was concerned about the effect of the loss of daylight if another one to two stories were added. She felt it was unfair to Wilkie residents. SUMMARY MINUTES Page 4 of 17 City Council Meeting Summary Minutes: 08/07/2023 3. Shashank Divekar, 405 Wilkie Way, behind Palo Alto Commons, echoed Ms. He's remarks and concerns, including the loss of property values and privacy. He strongly opposed this expansion. 4. Burt Davies, resident on Wilkie Way, agreed with the previous two commenters and felt the building was already a huge tower behind where he lives. He remarked on the loss of privacy and property value. Council Member Tanaka suggested that the developer speak to the neighbors and hear the impacts. He asked about the feasibility of adding a fourth story. Mr. Sandholtz stated they were happy to host an open house for people to come and talk about their concerns and to communicate further to find a win-win solution. He stated adding a fourth story had not been explored due to the height limitation, but it was also significantly more expensive due to the infrastructure required. He doubted it would be financially feasible but it would be explored. Council Member Lauing described his experience with a family member in the Commons and the difficulty with visitor parking. He felt it would help to have more visitor parking available. He noted concern with the daylight plane and that that was the reason for the step-downs. He also agreed that, while affordable housing units are not required, the City would like that and encouraged flexibility with the numbers of units. He stated the exterior renovation was a plus for the neighborhood. Council Member Veenker also felt that affordable housing would be very well received as assisted living can be very expensive. Council Member Lythcott-Haims supported the idea of four stories on the El Camino side She felt this part of the City needed a facelift and was excited about the exterior remodel. Council Member Burt questioned if there was discretion as a PC amendment to put a condition that there be some level of affordable units. Director Lait responded that his previous comments were focused more on the application process but that having affordable housing units would qualify as a public benefit for the Council's consideration. Mayor Kou was interested in a TDM for this as a commercial property. She was also interested in a town hall or community meeting and felt that it was important to involve all the neighbors and residents. NO ACTION AGENDA CHANGES, ADDITIONS AND DELETIONS SUMMARY MINUTES Page 5 of 17 City Council Meeting Summary Minutes: 08/07/2023 City Manager Ed Shikada stated that Staff had modified and then subsequently reverted to the original recommendation on Item 10. NO ACTION PUBLIC COMMENT: 1. Katie Rueff speaking on behalf of Larry Klein (in-person), Andrea Gara (in-person), Hilary Glann (in-person), Willa Bednarz (online), Kristy Rueff (online), of 350 Silicon Valley and the Palo Alto Student Climate Coalition, stated there have been record-high temperatures, flooding, and wildfires this summer. She felt that everyone needed to be active in the community to make sure the policies support all citizens. She noted some key things to work toward, including reaching the 80x30 goal with room to spare, equitably electrifying, approving dense housing, and fostering a city that encourages youth climate advocates. 2. Leland Francois, Ravenswood Industrial Park and KI6AWN, stated he has been attempting to incorporate Bay Area radio operators to help meet some of the local municipalities' demands in the areas of residential transitional response. He hoped to mobilize some local radio operators in this cause. 3. Annette Glanckopf (Zoom) noted Midtown's need to keep Mike's Diner Bar open, stating the key problems not adequately addressed in the Economic Strategy Report were the demand for increased rent, increasing operating costs, and inability to get adequate staff. She felt the City needed to be more aggressive in its actions to preserve and revitalize retail. 4. Justin Harper spoke on behalf of the homeless community. He stated each person living on the street has a unique story and extending a helping hand can empower them to rebuild their lives. Homelessness is not a reflection of personal failure but a symptom of systemic shortcomings. A challenge faced by the homeless community is the issue of proper trash disposal. He wanted local authorities, organizations, and individuals to work together to explore innovative ways to address this challenge. 5. Angelina Rosh, member of PASCC, asked the City Council to declare a climate emergency to show the community that the City recognizes the imminent threat to climate change and will further its pledges to commit to mitigating the impacts of this emergency. She believed Palo Alto was capable of surpassing the benchmarks established in previous years to fulfill the ambitious goals set long ago. 6. Maya Perkash, member of PASCC, stated she has researched how different states have handled the transition from gas to electric appliances and learned that aggressive action, with proper incentives and measures, was necessary to see any significant change in electrification. She felt it was crucial that Palo Alto prioritize the gas sunset date and asked the Council to recognize this opportunity and urgency in consideration of the 2030 SUMMARY MINUTES Page 6 of 17 City Council Meeting Summary Minutes: 08/07/2023 goal as any action not taken now will have an exponentially larger impact in the years to come. 7. Julia Zeitlin, co-founder of PASCC, asked the Council to reinforce prioritization and support of bold climate action for the remainder of 2023 and beyond. She and her colleagues supported the expansion and investment in the City's Office of Sustainability and the declaration of a climate emergency by the Council. PASCC supported further investment in green jobs training such that the City can train more contractors to become experts in electric installations. She asked the Council to set a date to phase out the use of natural gas in Palo Alto. 8. Talya Schube, member of PASCC, expressed support for Palo Alto's sustainability and climate action plan. She stated the most important step was to electrify and eventually shut off natural gas. In order to electrify on the necessary scale, installations must be accessible and equitable. She urged the Council to consider working with organizations like JobTrain and increase the number of contractors trained in electric installations. 9. Phoebe Mota-Judges, member of PASCC, urged the Council to invest more resources, staff, and time into the Office of Sustainability to ensure the City has the capacity to meet its goals. She felt sustainability must be prioritized and coordinated through departments across the City. 10. Sophia Lee, member of PASCC, wanted to ensure the future is bright for all residents of Palo Alto regardless of economic status. She believed the SCAP was a huge step toward progress in regard to sustainability and implementing key action. She stated it was surprising there were few staff members leading the office of sustainability and asked for a drastic change in those numbers. She felt more staff, resources, and money needed to be dedicated solely to sustainability efforts. 11. Antonia Minion, member of PASCC, felt it was urgent that Palo Alto adopt an official climate emergency declaration as an important step in making sure the City becomes truly sustainable. She gave the example of a Public Works Department choosing to use asphalt that would minimize the urban heat effect and help with flood prevention rather than the cheapest option. 12. Caitlin Hopkins, member of PASCC, noted that Palo Alto has, through the Green Building reach codes, committed to heighten the efficiency of local construction. The need for workers trained to make electric installations is bound to increase, and she asked that the Council establish a partnership with a job training organization to prepare contractors. 13. Emily Linder, member of PASCC, noted that only a few of the intended 1000 gas-powered water heaters in Palo Alto homes have been electrified. To sooner reach Palo Alto's goal, PASCC urged investment in public awareness campaigns to inform the community of the importance of electrification. SUMMARY MINUTES Page 7 of 17 City Council Meeting Summary Minutes: 08/07/2023 14. Jeannette Cosby planned to complete an electrification project but noted the approval for this project was rescinded due to a code change in Palo Alto. The panels conforming to the new code do not exist and will not be available until 2024. She stated this project was being held hostage to a code change that no manufacturer can yet meet, and there has been considerable time and financial resources invested. 15. Aram James (Zoom) stated he did not want police to have canines or tasers. He did not want racial profiling by police and did not want police to maintain a military arsenal. He encouraged members of the community to observe what they see regarding how the police treat people of color. 16. Albert Lustre, Carpenter's Union Local 405, wanted to see labor standards in future projects in the city of Palo Alto, such as apprenticeship, local hire, healthcare, and a livable wage. He listed the benefits of these items. 17. Tim Lynch noted the City did a good job of quickly patching up the recent water leak on Byron. He discussed unlicensed and uncontracted work being done on the weekend and asked to have code enforcement out during that time. He also mentioned dumping at 3087 Alexis and the property below 2838 Story Hill Lane and wanted to ensure it was being dealt with correctly. 18. Cedric (Zoom), in response to Mr. Harper's comments, described a group in Los Angeles called Hope Vibes that offers a mobile hygiene service to provide access to showers and laundry to the homeless population. He felt it would be helpful if local cities would cooperate to offer such a service. He also noted the difficulty of loss of possessions that homeless individuals may experience if they are arrested or hospitalized. He suggested police and code enforcement coordinate with each other and the jails to locate and hold belongings for people to retrieve. CONSENT CALENDAR 5. Approval of Minutes from June 12, 2023, and June 19, 2023, Meetings 6. PUBLIC HEARING: Adoption of an Ordinance Amending Section 9.68.010 (Purpose) and Section 9.68.040 (Just Cause Evictions Required) in Palo Alto Municipal Code Chapter 9.68, Rental Housing Stabilization, to Reduce the Minimum Time Period Required for Renters to Qualify for Just Cause Eviction Protections. CEQA status—exempt under CEQA Guidelines Section 15061(b)(3). 7. Adoption of a Resolution Establishing Fiscal Year 2024 Property Tax Levy for General Obligation Bonds (Measure N Libraries) SUMMARY MINUTES Page 8 of 17 City Council Meeting Summary Minutes: 08/07/2023 8. Approval of Contract Number C23187501 With Palo Alto Housing Corp (PAHC) Housing Services, LLC for a Not-to Exceed Amount of $356,556 to Provide Administration and Consulting Services for the City’s Below Market Rate Housing Program for a Term of Two-years through June 2025 and Approve an FY 2024 Budget Amendment in the Residential Housing In-Lieu Fund. CEQA Action: Agreements are not subject to CEQA. 9. Approve Amendment No. 1 to Contract C21181034 with Rincon Consultants, Inc. for the Continued Work on the Housing Element Update, and Approval of a FY 2024 Budget Amendment in the General Fund for the Reappropriation of funds from FY 2023 to FY2024. Environmental Review: Agreements are not subject to CEQA. 10. Approval and Authorization of the City Manager to Execute a Contract with Allied Universal Technology Services (AUTS) (C24187696) in an Amount Not-to-Exceed $778,275 over 5 years and one month period ending June 30, 2028 to provide Intrusion Detection System (IDS) monitoring and notification services. CEQA status - not a project. 11. Direction to Evaluate with Caltrain the Viaduct Alternative and Defer Review of the Trench Alternative at the Meadow Drive and Charleston Road Crossing as Recommended by the Rail Committee; CEQA status – categorically exempt per Regulation 15262. 12. Approval of FY 2024 Budget Amendment in the Residential Housing In-Lieu Fund for the Reappropriation of $3.0 million from FY 2023 to FY 2024 for 231 Grant Avenue Loan Agreement; CEQA – Not a Project 13. SECOND READING: Adopt an Ordinance Amending Palo Alto Municipal Code (PAMC) Section 9.10.060 (f) and Adoption of a Resolution to Modify the Administrative Penalty Schedule Related to Enforcement of the City’s Gas-Powered Leaf Blower Ban. Environmental Analysis: Not Subject to CEQA Review in Accordance with CEQA Guidelines 15061(b)(3). (FIRST READING: June 19, 2023 PASSED 7-0) 14. Approval of a General Services Contract with All City Management Services in an Amount not to Exceed $3,920,865 Over a Five Year Term, for Crossing Guard Services; and Approval of a FY 2024 Budget Amendment in the General Fund (2/3 vote required); CEQA status - not a project. PUBLIC COMMENT: 1. Ben Cintz was concerned about Item 6 and felt that for the City to impose a requirement greater than the State, there should be an established need. He felt this ordinance imposed a burden on property owners that did not need to exist. 2. Anil Babbar, California Apartment Association, was also concerned with Item 6. He stated AB 1482 was a well-debated and well-researched piece of legislation that went through a lot of deliberation at the state level and that it was decided 12 months was sufficient SUMMARY MINUTES Page 9 of 17 City Council Meeting Summary Minutes: 08/07/2023 before Just Cause comes into place as it provides the tenant and property owner time to determine if it is the right situation. He felt imposing a six-month term would conflict with the minimum lease term requirement. 3. Jennifer L. (Zoom), small housing provider in Palo Alto, was strongly against the strict Just Cause eviction ordinance, Item 6. Housing providers count on rent to pay for their mortgage, property tax, insurance, and maintenance, and changing tenants often means leaving the house vacant for months while painting and doing repairs. She stated there was no reason to evict tenants unless something was seriously wrong, and it was beneficial to both tenants and housing providers if tenants can stay for a long time. Having stricter policies against housing providers will discourage people from building ADUs to rent out. 4. Min (Zoom) also opposed Item 6, which is stricter than what the State already has in place. She questioned the number of renters in Palo Alto and how many were asked by landlords to move out in a very short period of time, asking the reason the City wanted to adopt this restriction. She stated it made her more hesitant about building an ADU. 5. Aram James (Zoom) was in favor of good tenant protections while being cognizant of landlords' concerns. He recommended landlords deal with property managers who know all the current regulations. 6. Peter (Zoom) also spoke about Item 6. He stated people have little incentive to rent their house if they cannot evict tenants or get it back when they need it for themselves. The end result would be to defund housing, create a housing shortage, and inflict great harm to the community. 7. Cedric (Zoom) spoke in favor of Item 11. He felt the viaduct being placed back under consideration as an option was a good thing. He stated the underpass was terrible for bicycle traffic and the trench was too expensive, with permanent impacts to hydrology and ecology. He hoped the Council would support the viaduct. 8. Mac (Zoom) asked if the City Council had the eviction data for last year. He did not want Palo Alto to copy other cities' eviction policies that lead to high rents, increased homeless population, and divided communities. He felt people in Palo Alto deserved better and urged sticking with the existing eviction clauses in AB 1482. MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims, to approve Agenda Item Numbers 5-14. Mayor Kou registered a no vote on Agenda Item Number 11. Council Member Tanaka registered a no vote on Agenda Items Number 6 and Number 12. MOTION PASSED ITEMS 5, 7-10: 7-0 SUMMARY MINUTES Page 10 of 17 City Council Meeting Summary Minutes: 08/07/2023 MOTION PASSED ITEM 6, 12: 6-1, Tanaka no MOTION PASSED ITEM 11: 6-1, Kou no Council Member Tanaka, regarding Item 6, stated the State had debated the topic many times and concluded 12 months was sufficient. He felt the 6-month requirement conflicted with the requirement of a 12-month lease. He noted some landlords were taking properties off the market due to this restriction, so this would actually hurt tenants, leading to less availability and higher rents. On Item 12, he was concerned that the benefits Palo Alto was getting were not proportional to other cities. He felt Palo Alto should be getting more dedicated housing for teachers, as the City is running a budget deficit. Mayor Kou, speaking on Item 11, stated the viaduct had been eliminated by Council for further consideration, and she did not believe there was enough notification or communication with residents living near the railroad tracks. CITY MANAGER COMMENTS Ed Shikada, City Manager, listed some upcoming summer fun activities and events. He noted the Palo Alto Unified School District was back in school this week and referenced a resources for back-to-school safety and wellness tips. He spoke about the prohibition of gas-powered leaf blowers, with fines beginning early 2024. He also listed notable upcoming Council items. The Council took a 10-minute break, returning at 9:47 P.M. ACTION ITEMS 15. PUBLIC HEARING: Adoption of Resolution Confirming the Weed Abatement Report and Ordering Abatement Costs to be a Special Assessment on the Properties Specified in the Report Chris Rocha, Santa Clara County Consumer and Environmental Protection Agency Weed Abatement Inspector, explained that a fee assessment was done in July and August, with all properties being charged the $92 fee and any other contractor fees that were applied. In January and February, there would be an assessment hearing for properties being added onto the program for charge fees. MOTION: Council Member Lauing moved, seconded by Council Member Burt, to adopt a resolution confirming the report and ordering abatement costs to be a special assessment on the properties specified in the report. MOTION PASSED: 7-0