HomeMy WebLinkAboutStaff Report 13424
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
August 9, 2021
The Honorable City Council
Palo Alto, California
Approval of Action Minutes for the June 14, 21 and 22, 2021 City
Council Meetings
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
• Attachment A: 06-14-21 CCM DRAFT Action Minutes (PDF)
• Attachment B: 06-21-21 CCM DRAFT Action Minutes (PDF)
• Attachment C: 06-22-21 CCM DRAFT Action Minutes (PDF)
Department Head: Lesley Milton, City Clerk
CITY OF
PALO
ALTO
Page 2
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 4
Special Meeting
June 14, 2021
The City Council of the City of Palo Alto met on this date in virtual
teleconference at 5:02 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 June 1, 2021 City Council Meeting.
MOTION: Council Member Kou moved, seconded by Vice Mayor Burt to
approve the Action Minutes for the June 1, 2021 City Council Meeting.
MOTION PASSED: 7-0
Consent Calendar
MOTION: Council Member Cormack moved, seconded by Council Member
Filseth to approve Agenda Item Numbers 2-6.
2. Approval of: 1) Construction Contract With Azulworks, Inc., in the
Amount of $2,667,054 for the Palo Alto Fiscal Year 2021 Street
Resurfacing Project (Capital Improvement Program Projects PE-86070,
PE-09003, PE-21004, PO-12001, PO-89003, PL-04010, PL-05030, and
OS-09001); 2) Authorization for the City Manager or his Designee to
Negotiate and Execute Related Change Orders to the Contract With
Azulworks, Inc. for Additional but Unforeseen Work That may Develop
During the Project, Not-to-Exceed $266,706; and 3) Budget
Amendments in the Capital Improvement Fund.
3. Approval of Contract Amendments to Extend Three Public-private
Partnership Agreements Between the City of Palo Alto and
TheatreWorks, Palo Alto Players, and West Bay Opera for the use of
the Lucie Stern Community Theatre for an Additional Year.
CITY OF
PALO
ALTO
DRAFT ACTION MINUTES
Page 2 of 4
Sp. City Council Meeting
Draft Action Minutes: 06/14/2021
4. Resolution 9966 Entitled, “Resolution of the Council of the City of Palo
Alto to Enter Into a Cooperative Implementation Agreement With the
California Department of Transportation for the Embarcadero Trash
Capture Device Project.”
5. Approval of Amendment Number 1 to Contract Number C19173445
With Charles Sowers Studios, LLC to Extend the Term of the Contract
Through December 31, 2021 for the Fabrication and Installation of
Artwork at the Junior Museum and Zoo.
6. Accept the Fiscal Year (FY) 2021 Third Quarter Financial Status Report
and Approve the FY 2021 Budget Amendment in the General Fund.
MOTION PASSED: 7-0
Council took a break at 5:24 P.M. and returned at 5:36 P.M.
Action Items
7. Approval of Amendment Number One to Contract Number S20178065
With the OIR Group for Independent Police Auditing Services to
Expand the Scope of Services and Increase the Contract Amount by
$32,500 for a Total Not-to-Exceed Amount of $107,500.
MOTION: Mayor DuBois moved, seconded by Council Member Kou to
approve and authorize the Clerk to execute Amendment Number One to the
contract with the Office of Independent Review (OIR Group) for independent
police auditing (IPA) services to expand the Scope of Services and increase
the contract amount by $32,500 for a total not-to-exceed amount of
$107,500; including the following changes to the Scope of Services:
A. Add to Section 2 - Taser Deployment and Other Reviews: “The
Department will promptly notify the CONSULTANT of all administrative
use of force reports where a baton, chemical agent, TASER, less-lethal
projectile, canine, or firearm is used. In addition, The Department will
promptly notify the CONSULTANT of all other cases where a subject’s
injuries require treatment beyond minor medical care in the field;”
B. Add “point a gun,” in addition to using a gun, to an action that is
reported to the Auditor; and
C. Add to Section 3 that published reports will note items that are pulled
from the report for further work and provide a short description of the
item(s).
MOTION PASSED: 7-0
DRAFT ACTION MINUTES
Page 3 of 4
Sp. City Council Meeting
Draft Action Minutes: 06/14/2021
8. Request for City Council Interpretation Pursuant to Palo Alto Municipal
Code Section 18.01.025 Related to Nonconforming Uses at the 340
Portage/3200 Park Site. Environmental Analysis: City Council Direction
Regarding Interpretation of the Existing Code is not a Project, as
Defined in Public Resources Code 21065.
MOTION: Vice Mayor Burt moved, seconded by Council Member Kou to
extend by 1 year from now the period of non-occupancy of retail without a
violation of the terms of the balance of the commercial use agreement for
the greater Fry’s site area.
Council took a break at 7:58 P.M. and returned at 8:19 P.M.
MOTION WITHDRAWN BY THE MAKER
MOTION: Vice Mayor Burt moved, seconded by Council Member Cormack to
end this Public Hearing, take no action, and direct Staff to bring back a new
item in August.
MOTION PASSED: 6-1 Kou no
9. PUBLIC HEARING: Recommendation on the Preferred Plan Alternative
for the North Ventura Coordinated Area Plan (NVCAP). The Planning
and Transportation Commission and Staff Recommend the City Council
Review the NVCAP Alternatives and Select Alternative Number 3B as
the Preferred Alternative.
Public Hearing opened at 8:56 P.M.
Public Hearing closed at 9:45 P.M.
MOTION: Mayor DuBois moved, seconded by Vice Mayor Burt to end this
Agenda Item, take no action, and direct Staff to bring back a new item in
early Fall based on the input and discussion with Council this evening.
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 11:27 P.M. in honor of Penny
Nelson.
DRAFT ACTION MINUTES
Page 4 of 4
Sp. City Council Meeting
Draft Action Minutes: 06/14/2021
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.
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 10
Special Meeting
June 21, 2021
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:
Special Orders of the Day
1. Presentation by the Palo Alto Art Foundation.
NO ACTION TAKEN
2. Resolution 9967 Entitled, “Resolution of the Council of the City of Palo
Alto Expressing Appreciation to Beth Minor Upon her Retirement.”
Mayor DuBois read the resolution into the record.
MOTION: Mayor DuBois moved, seconded by Vice Mayor Burt to adopt a
Resolution Expressing Appreciation to Beth Minor Upon her Retirement.
MOTION PASSED: 7-0
Agenda Changes, Additions and Deletions
None.
Minutes Approval
3. Approval of Action Minutes for the June 7, 2021 City Council Meeting.
MOTION: Council Member Cormack moved, seconded Mayor DuBois to
approve the Action Minutes for the June 7, 2021 City Council Meeting.
MOTION PASSED: 7-0
Council took a break at 5:48 P.M. and returned at 6:00 P.M.
AT THIS TIME THE COUNCIL WILL CONVENE TO A REGULAR MEETING
CITY OF
PALO
ALTO
DRAFT ACTION MINUTES
Page 2 of 10
Sp. City Council Meeting
Draft Action Minutes: 06/21/2021
Consent Calendar
Council Member Cormack registered a no vote on Agenda Item Number 18.
Council Member Kou registered a no vote on Agenda Item Number 19.
Council Member Tanaka registered a no vote on Agenda Item Number 16.
MOTION: Mayor DuBois moved, seconded by Council Member Stone to
approve Agenda Item Numbers 4-21.
4. Adoption of the Fiscal Year 2022 Investment Policy.
5. Approval to Utilize California Department of Technology CALNET
Cellular Voice and Data Services Contract (C4-CVD-19-001-03) With
Cellco Partnership D/B/A Verizon Wireless Through May 22, 2023 and
Including Possible Extension Through May 22, 2027, With an
Anticipated Cost of $350,000 Annually; CALNET Data Networks and
Communications Services Contract (C4 -DNCS-19-001-40) With AT&T
Corporation Through June 30, 2025 and Including Possible Extension
Through June 30, 2028; CALNET Legacy Telecommunications Voice
and Data Services Contract (C4-LEG-12-10-TS-01) With AT&T
Corporation Through January 2, 2026 and Including Possible Extension
Through January 2, 2029; and CALNET Cellular Voice and Data
Services Contract (C4-CVD-19-001-04) With AT&T Mobility Through
June 30, 2023 and Including Possible Extension Through June 30,
2027, With an Anticipated Cost of $300,000 Annually.
6. Approval of Contract Amendment Number 3 to Contract Number
C15159248 With Geodesy, to Extend the Term for Three-years Ending
June 30, 2024, and add $535,000 for a new Not-to-Exceed Amount of
$1,930,000, for Geographic Information Systems (GIS) Maintenance,
Support, Consulting and Department-specific GIS Data Support
Services.
7. Approval of Contract Amendment Number 1 to Contract Number
C19174715 With Swatt Miers Architects, Inc in the Amount of $89,000
for the Animal Shelter Renovation, Capital Improvement Program
Project, PE-19002.
8. Approve and Authorize the City Manager or Designee to Execute
Amendment Number 9 With McCandless Limited LLC for a Three-year
Lease Renewal at 1005 and 1007 Elwell Court Ending August 2024.
DRAFT ACTION MINUTES
Page 3 of 10
Sp. City Council Meeting
Draft Action Minutes: 06/21/2021
9. Approval of Amendment Number 1 to Contract Number C19173980
With Rincon Consultants, Inc. in the Amount of $27,045 for a Total
Not-to-Exceed Amount of $170,497 and Extend the Term to January
31, 2022, for Preparation of an Initial Study of the Mitigated Negative
Declaration for the Cubberley Concept Plan.
10. Approval of two Blanket Purchase Orders With Bound Tree Medical,
LLC and Life-Assist for the Purchase of Medical Supplies and Services
Not-to-Exceed $132,000 per Year, for a Total Not-to-Exceed Amount
of $660,000 for up to Five years.
11. Resolution 9968 Entitled, “Resolution of the Council of the City of Palo
Alto Making Required Findings to Continue Palo Alto's Participation in
the Santa Clara County Abandoned Vehicle Abatement Service
Authority (AVASA) Program for a Fourth 10-year Term and Continue
Collection of a $1 Fee to Fund the Authority.”
12. Approval of Amendment Number 2 to Contract Number C20176363
With Magellan Advisors, LLC, for: 1) a Detailed Engineering Design of
the new Fiber Backbone Expansion and Fiber-to-the-Home; 2) to
Increase Compensation for a Total Not-to-Exceed Amount of
$2,914,331; and 3) Approval of a Budget Amendment in Fiscal Year
2021 for the Fiber Optics Fund.
13. Approval of Contract Number C21181223A With Integrated Design
360, LLC and Approval of Contract Number C21181223B With Integral
Group Holdings, LLC for a Shared Not-to-Exceed Amount of $750,000,
to Provide Sustainability Services for Green Building, Energy Reach
Code, and the Sustainability Climate Action Plan for a Term of Three -
years Through June 2024.
14. Approval of Construction Contract Number C21181691 With Best
Contracting Services, Inc in the Amount of $1,710,000; and
Authorization for the City Manager to Negotiate and Execute Change
Orders up to a Not-to-Exceed Amount of $171,000 for the Municipal
Service Center A, B, & C Roof Replacement Project, Capital
Improvement Program Project PF-17000.
15. Approval of a Lease Amendment Between 285 Hamilton LLC and the
City of Palo Alto for the Premises Located at 285 Hamilton Avenue for
a 48-month Term at a Starting Base Rent of $43,890 per Month and
Increasing 3 Percent Annually.
16. Approval of Contract Amendment Number 1 to Contract Number
C18169712 With OB Sports Golf Management (Baylands) LLC for a
DRAFT ACTION MINUTES
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Sp. City Council Meeting
Draft Action Minutes: 06/21/2021
Period of Three-years for a Not-to-Exceed Increase Amount of
$8,878,721 for the Management of Golf Course Operations at the
Baylands Golf Links; and Approval of Contract Amendment Number 1
to Contract Number C18171872 With OB Sports Golf Management
(Baylands), LLC for a Period of Three-years for Restaurant Licensing to
Provide Food and Beverage Services.
17. Staff Recommends the City Council Approve the Board and
Commission 2021-2022 Work Plans.
18. Adoption of an Ordinance Establishing Board and Commission Term
Limits, Consolidating Appointments to March of Each Year, and
Codifying the Human Relations Commission's Existing Role of
Recommending Grant Funding; and Resolution 9969 Entitled,
“Resolution of the Council of the City of Palo Alto Establishing Term
Limits for the Storm Water Management Oversight Committee.”
19. Interim Ordinance 5526 Entitled, “Ordinance of the Council of the City
of Palo Alto Temporarily Continuing the Expansion of Outdoor Dining,
Retail and Other Activities on Public and Private Property and Relaxing
Regulations Regarding Onsite Parking, On-site Sale of Alcohol,
Design/Architectural Review, Permit Fees, and Alcohol Consumption in
Public Places, All to Facilitate Such Outdoor use (FIRST READING: June
7, 2021 PASSED: 5-2 DuBois, Kou no).”
20. Resolution 9970 Entitled, “Resolution of the Council of the City of Palo
Alto Determining the City's Proposition 4 Appropriations Limit (GANN
Limit) for Fiscal Year 2022.”
21. Approval of Five 5.5 Year Contracts, Number C21179265A-E for
Regional Water Quality Control Plant (RWQCP) On-call Construction
Management and Inspection Services With: 1) MNS Engineers, Inc.; 2)
CDM Smith; 3) Carollo Engineers; 4) Tanner Pacific, Inc.; and 5) MCK
Americas Inc. for a Total Not-to-Exceed Amount of $1 per Contract;
Approval and Authorization of the City Manager or Their Designees to
Select one Consultant for Construction Management Services for the
Primary Sedimentation Tanks Rehabilitation and Equipment Room
Electrical Upgrade Project (WQ-14003) at the Regional Water Quality
Control Plant.
MOTION PASSED FOR AGENDA ITEMS 4-15, 17, AND 20-21: 7-0
MOTION PASSED FOR AGENDA ITEM 16: 6-1 Tanaka no
MOTION PASSED FOR AGENDA ITEM 18: 6-1 Cormack no
DRAFT ACTION MINUTES
Page 5 of 10
Sp. City Council Meeting
Draft Action Minutes: 06/21/2021
MOTION PASSED FOR AGENDA ITEM 19: 6-1 Kou no
Action Items
21A. Approval of an Employment Agreement and Appointment of Lesley
Milton to the Position of City Clerk at an Annual Salary of $175,000.
MOTION: Vice Mayor Burt moved, seconded by Council Member Kou to
approve the Employment Agreement and Appointment of Lesley Milton to
the Position of City Clerk at an Annual Salary of $175,000.
MOTION PASSED: 7-0
Mayor DuBois announced Agenda Items 22 and 23 will be heard together.
22. PUBLIC HEARING: Ordinance 5528 Entitled, “Ordinance of the Council
of the City of Palo Alto for Fiscal Year 2022, Including Operating and
Capital Budgets and Municipal Fee Schedule;” and Adoption of a
Revised Compensation Plan for Management and Professional
Employees.
23. Adoption of six Resolutions: 1) Resolution 9971 Entitled, “Resolution of
the Council of the City of Palo Alto Approving the Fiscal Year (FY) 2022
Electric Utility Financial Plan, Including Proposed Reserve Transfers,
and Amending Utility Rate Schedules E-EEC-1, E-NSE-1, E-2-G, E-4-G
and E-7-G;” 2) Resolution 9972 Entitled, “Resolution of the Council of
the City of Palo Alto Amending Utility Rate Schedule E-HRA;”
3) Resolution 9973 Entitled, “Resolution of the Council of the City of
Palo Alto Approving the FY 2022 Gas Utility Financial Plan, Including
Proposed Transfers, Amending the Gas Utility Reserve Management
Practices, and Adopting a Gas Rate Increase by Amending Utility Rate
Schedules G-1, G-2, G-3 and G-10;” 4) Resolution 9974 Entitled,
“Resolution of the Council of the City of Palo Alto Approving the FY
2022 Water Utility Financial Plan and Reserve Transfer;” 5) Resolution
9975 Entitled, “Resolution of the Council of the City of Palo Alto
Amending Utility Rate Schedule D-1 Increasing the Storm Water
Management Fee by 2.0 Percent per Month per Equivalent Residential
Unit for FY 2022;” and 6) Resolution 9976 Entitled, “Resolution of the
Council of the City of Palo Alto Amending Utility Rate Schedules EDF-1
and EDF-2 to Increase Dark Fiber Rates 2.0 Percent.”
Public Hearing opened at 6:46 P.M.
Public Hearing closed at 6:53 P.M.
DRAFT ACTION MINUTES
Page 6 of 10
Sp. City Council Meeting
Draft Action Minutes: 06/21/2021
MOTION: Vice Mayor Burt moved, seconded by Mayor DuBois to:
A. Adopt the Fiscal Year (FY) 2022 Budget Ordinance, which includes:
a. City Manager’s FY 2022 Proposed Operating and Capital Budgets,
previously released on April 30, 2021 and presented at the May
3rd City Council Meeting;
b. Amendments to the City Manager’s FY 2022 Proposed Operating
Budget;
c. Amendments to the City Manager’s FY 2022 Proposed Capital
Budget;
d. Allocated Charge Amendments to the City Manager’s FY 2022
Proposed Operating and Capital;
e. FY 2022 City Table of Organization;
f. FY 2022 Municipal Fee Changes;
g. In the General Fund budget, amend as follows:
i. Increase the appropriation for the Community Services
Department expenses by $25,000 for the Know Your
Neighbors Grant Program;
ii. Decrease the appropriation for the Non-Departmental
section expenses City Council Recovery Reserve by
$25,000; and
B. Accept the FY 2022 – 2026 Capital Improvement Plan; and
C. Adopt the attached cover letter altering the Management and
Professional Personnel and Council Appointees Compensation Plan for
one Fiscal Year (FY 2022) and extending it to June 30, 2022; and
D. Approve the tentative funding plan for the ROTH building rehabilitation
project and direct Staff to return to Council with refined level of impact
fee fund eligibility based on actual construction cost & facility usage in
consultation with the Palo Alto Museum; and
E. Approve and adopt the following Utility Financial Plans and Rate
Resolutions:
DRAFT ACTION MINUTES
Page 7 of 10
Sp. City Council Meeting
Draft Action Minutes: 06/21/2021
a. Approving the FY 2022 Electric Utility Financial Plan, including
reserve transfers, and amending Utility Rate Schedules E-EEC-1,
E-NSE-1, E-2-G, E-4-G and E-7-G;
b. Amending Utility Rate Schedule E-HRA;
c. Approving the FY 2022 Gas Utility Financial Plan, including
reserve transfers, amending the Gas Utility Reserve Management
Practices, and adopting a Gas Rate Increase by Amending Utility
Rate Schedules G-1, G-2, G-3 and G-10;
d. Approving the FY 2022 Water Utility Financial Plan, and r eserve
transfer;
e. Amending Utility Rate Schedules EDF-1 and EDF-2 to increase
Dark Fiber Rates 2.0 percent;
f. Amending Utility Rate Schedule D-1 increasing the Storm Water
Management Fee by 2.0 percent per month per Equivalent
Residential Unit for FY 2022; and
F. Direct Staff to return after the summer recess with:
a. A systematic communication plan to provide customers with rate
histories, trends, and competitive standing compared to other
jurisdictions and forward to the Utilities Advisory Commission for
review and recommendation;
b. The evaluation of the Electric Bill Utility reliability history and
comparative performance to other jurisdictions to the extent that
is available and forward to the Utilities Advisory Commission for
review and recommendation; and
G. Direct Staff to evaluate debt financing for Fire Station 4 and moving
forward the construction date.
MOTION PASSED: 4-3 Cormack, Filseth, Tanaka no
24. Approve and Authorize the City Manager or Their Designee to Execute
a Seven-year License Agreement With two Five-year Renewal Options
and Monthly Rent Payments of $2,100 Between the City and Tesla,
Inc. for a 19-stall Tesla Supercharging Station in the Bryant/Lytton
Garage at 445 Bryant Street; Review and Provide Direction on a Draft
Administrative Policy on Unsolicited Proposals.
MOTION: Vice Mayor Burt moved, seconded by Council Member Stone to:
DRAFT ACTION MINUTES
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Sp. City Council Meeting
Draft Action Minutes: 06/21/2021
A. Approve and authorize the City Manager, or their designee, to sign a
license agreement, with Tesla, Inc. to install and operate a 19-stall
Tesla Supercharging Station within a portion of the city-owned
Bryant/Lytton Garage located at 445 Bryant Street for an initial term
of seven years, with two options to extend for five years each, and a
monthly rent of $2,100;
B. Delegate authority to the City Manager, or their designe e, to execute
on behalf of the City, any documents necessary to administer the
agreement; and
C. Review the attached framework regarding Unsolicited Proposals for
Use of City Property and provide direction to Staff:
a. Direct Staff to add to Procedure 5 in the Unsolicited Proposals
Attachment, “…or if the proposal raises a policy issue”.
MOTION PASSED: 7-0
Council took a break at 8:39 P.M and returned at 8:50 P.M.
25. Colleagues Memo Regarding the Palo Alto Museum (Roth Building)
From Council Members Kou and Stone, and Vice Mayor Burt.
MOTION: Council Member Kou moved, seconded by Vice Mayor Burt to:
A. Direct Staff to issue a lease between the City and the Palo Alto
Museum (PAM) which would allow for donor and restricted funds for
the rehabilitation pursuant to the Secretary of the Interior's Standards
and County grants to be released for construction of Phase 1 (Phase 1
is the rehabilitation and build out of the facility to make it suitable for
occupancy also known as a “warm shell” estimated at $10.5 million);
B. Release the amended Lease Agreement to the PAM for timely review
and finalization; and
C. Commit to a partnership with the PAM for the rehabilitation of the Roth
Building and for mutual long-term success of the project.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to change Motion, Part A, “Direct Staff to
negotiate a lease” and “for the Roth Building”.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to remove from the Motion, Part A, “…pursuant to
the Secretary of the Interior's Standards and County grants to be released
DRAFT ACTION MINUTES
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Draft Action Minutes: 06/21/2021
for construction of Phase 1 (Phase 1 is the rehabilitation and build out of the
facility to make it suitable for occupancy also known as a “warm shell”
estimated at $10.5 million)”.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to Motion, Part A, “…long-term lease”.
MOTION AS AMENDED: Council Member Kou moved, seconded by Vice
Mayor Burt to:
A. Direct Staff to negotiate a long-term lease between the City and the
Palo Alto Museum (PAM) for the Roth Building, which would allow for
donor and restricted funds for the rehabilitation;
B. Release the amended Lease Agreement to the PAM for timely review
and finalization; and
C. Commit to a partnership with the PAM for the rehabilitation of the Roth
Building and for mutual long-term success of the project.
MOTION AS AMENDED SPLIT FOR THE PURPOSE OF VOTING
MOTION AS AMENDED FOR PARTS A AND B PASSED: 6-1 Tanaka no
MOTION AS AMENDED FOR PART C PASSED: 4-3 Cormack, Filseth,
Tanaka no
26. Colleagues Memo on Affordable Housing Commercial Impact Fees
From Council Members Filseth and Kou.
MOTION: Council Member Filseth moved, seconded by Council Member Kou
to direct Staff to conduct a feasibility study and target returning to Council in
early October.
MOTION PASSED: 6-1 Tanaka no
Adjournment: The meeting was adjourned at 10:19 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
DRAFT ACTION MINUTES
Page 10 of 10
Sp. City Council Meeting
Draft Action Minutes: 06/21/2021
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 offici al
records of both Council and committee proceedings. These recordings are
available on the City’s website.
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 9
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
DRAFT ACTION MINUTES
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Draft Action Minutes: 06/22/2021
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.