HomeMy WebLinkAboutStaff Report 14888 (2)
City of Palo Alto (ID # 14888)
Office of the City Clerk
City Council CAO Report
Meeting Date: 11/28/2022 Report Type: Consent Calendar
Title: Approve Minutes from the November 7 and November 14, 2022 City
Council Meetings
From: Lesley Milton, City Clerk
Staff recommends Council to review and approve the minutes as presented.
ATTACHMENTS:
• Attachment A: 20221024amCCsm (PDF)
• Attachment B: 20221114amCCsm (PDF)
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 6
Special Meeting
October 24, 2022
The City Council of the City of Palo Alto met on this date in the Council
Chambers and by virtual teleconference at 5:00 P.M.
Present In Person: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka
Present Remotely: None
Absent: None
Special Orders of the Day
1. Appreciation for Joe Simitian, Santa Clara County Supervisor, for Advocacy on Behalf of the Palo Alto Community for affordable housing
and support for mental health, and services to unhoused Palo Altans
(including the $4 Million Challenge Grant in Support of Palo Alto
Homekey)
Action: No action was taken
2. The Great California Shakeout
Action: No action was taken
Study Session
3. Crime Mitigation Strategies through the Use of Automated License Plate
Recognition (ALPR) Technology
Action: No action was taken
Agenda Changes, Additions and Deletions
None.
Public Comment
DRAFT ACTION MINUTES
Page 2 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 10/24/2022
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 6.
MOTION: Council Member Cormack moved, seconded by Mayor Burt to
approve Agenda Item Numbers 4-8.
4. Approval of Contract Amendment No. Two with GovernmentJobs.com,
Inc. dba Neogov for Recruiting and Onboarding Services, to Extend the
Term through June 30, 2025, Add Services, and Increase
Compensation by an Amount Not-To-Exceed $249,883 for a New
Contract Total Not-To-Exceed Amount of $411,323
5. Adoption of Resolution 10080 Authorizing a City Application for the
State Permanent Local Housing Allocation (PLHA) Funds and
Authorization of City Manager or Designee to Manage the Allocation
6. Approval of Fiscal Year 2022 Reappropriation Requests to be Carried
Forward Into Fiscal Year 2023 and Budget Amendments in Various
Funds
7. Approval of a Professional Services Agreement Contract Number
C23185658 With BKF Engineers for the Amount of $900,000 Over a 3-
year Term for On-Call Surveying and Design Support Services
8. Approve the Parks and Recreation Commission Recommendation for a
New Skate Park; Authorize the Friends of Palo Alto Parks to begin
Fundraising; and Direct Staff to Support Outreach
MOTION PASSED Items 4, 5, 7, 8: 7-0
MOTION PASSED Item 6: 6-1 Tanaka no
City Manager Comments
Ed Shikada, City Manager
DRAFT ACTION MINUTES
Page 3 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 10/24/2022
Action Items
9. PUBLIC HEARING: Staff Recommend the City Council Review the North Ventura Coordinated Area Plan (NVCAP) Refined Preferred Alternative,
Take Public Comment, and Endorse the Refined Preferred Alternative
Plan.
MOTION: Council Member Filseth moved, seconded by Mayor Burt to
Continue the item to November 14th
MOTION PASSED: 6-1, Cormack no
10. Review and Provide Direction to Staff on the Draft Permanent Parklet
Program Standards and Policies; Adopt an Interim Ordinance and
Resolution to Continue the Pilot Parklet Program and Other On-Street
Uses During Transition Period; and Direct Staff to Return with Legislation
Implementing a Permanent Parklet Program
ORIGINAL MOTION: Council Member Cormack moved, seconded by Council
Member Filseth to:
Adopt Interim Ordinance and draft resolution currently set to expire on
December 31, 2022, to extend the temporary parklet program to June
30, 2023, and allow the other on-street and parking lot dining and
retail programs to December 31, 2023. Direct staff to continue allowing
dining at street grade until June 30, 2023
a) Direct staff to implement Option 2 of the Neighbor consent letter
through administrative regulations to begin on January 1, 2023.
SUBSTITUTE MOTION: Council Member Stone moved, seconded by Mayor
Burt to substitute as follows as sub-bullets to the above motion:
a) that parklets be allowed without coverings or obstructions above 38” for a fee, to be determined, in front of neighboring businesses
b) Allow for a first right of refusal for renting a parklet space, with the
first right to go to the business immediately behind the parklet
space
SUBSTITUTE MOTION FAILED: 2-5, Tanaka, Kou, Cormack, Filseth,
DuBois no
DRAFT ACTION MINUTES
Page 4 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 10/24/2022
MOTION SPLIT FOR PURPOSE OF VOTING
MOTION: Council Member Cormack moved, seconded by Council Member Filseth to adopt Interim Ordinance 5572 and Resolution 10081 currently
set to expire on December 31, 2022, to extend the temporary parklet program
to June 30, 2023, and allow the other on-street and parking lot dining and
retail programs to December 31, 2023. Direct staff to continue allowing
dining at street grade until June 30, 2023.
MOTION PASSED: 7-0
MOTION: Council Member Cormack moved, seconded by Council Member
Filseth to add as a sub-bullet to the above motion:
a) Direct staff to implement Option 2 of the Neighbor consent letter
through administrative regulations to begin on January 1, 2023.
MOTION PASSED: 4-3, Burt, Tanaka, Stone no
MOTION: Council Member Dubois moved, seconded by Vice Mayor Kou to:
1. Direct staff to implement proposed permanent standards upon adopting
of a permanent parklet ordinance
2. As to the permanent parklet program, direct staff to:
a. Return to Council establishing an application fee, cleaning fee and
security deposit based on cost recovery.
b. Return to Council establishing and annual license fees as soon as
possible, set to 70% of ground retail rate for "downtown" and
"not downtown" in Table 2
c. Require Consent letter from both neighboring tenant and owner
d. Limit Amplified sound to come only from buildings
AMENDMENT: Council Member Tanaka, seconded by Mayor Burt to direct staff to return with a recommendation for continuing propane use pending a
phase out based on practical feasibility for restaurants
AMENDMENT PASSED: 4-3, Cormack, Kou, DuBois no
DRAFT ACTION MINUTES
Page 5 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 10/24/2022
MOTION INCORPORATING AMENDMENT: Council Member Dubois moved,
seconded by Vice Mayor Kou to:
1. Direct staff to implement proposed permanent standards upon adopting of
a permanent parklet ordinance
a. Direct staff to return with a recommendation for continuing propane
use pending a phase out based on practical feasibility for restaurants
2. As to the permanent parklet program, direct staff to:
a. Return to Council establishing an application fee, cleaning fee and
security deposit based on cost recovery.
b. Return to Council establishing an annual license fees as soon as
possible.
c. Require Consent letter from both neighboring tenant and owner. Upon
revocation, owner has a minimum of six months before they are
required to remove the parklet.
d. Limit Amplified sound to come only from buildings.
MOTION PASSED: 6-1 Tanaka no
Council Member Questions, Comments and Announcements
None
Adjournment: The meeting was adjourned at 12:31 A.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
DRAFT ACTION MINUTES
Page 6 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 10/24/2022
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 6
Special Meeting
November 14, 2022
The City Council of the City of Palo Alto met on this date in the Council
Chambers and by virtual teleconference at 5:00 P.M.
Present In Person: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka
Present Remotely: None
Absent: None
Closed Session
1. CONFERENCE WITH CITY ATTORNEY Subject: Written Liability Claim
Against the City of Palo Alto By Steven and Catherine Popell (Claim No. C23-0007) Authority: Government Code Section 54956.9(e)(3)
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, Nicholas Raisch, Molly Stump, and Terence
Howzell)
Employee Organization: Service Employees International Union, (SEIU)
Local 521, Utilities Management and Professional Association of Palo Alto
(UMPAPA)Palo Alto Peace Officer’s 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)
MOTION: Council Member Cormack moved, seconded by Council Member
Burt to go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:00 P.M.
Council returned from Closed Session at 7:05 P.M.
Mayor Burt announced there was no reportable action.
DRAFT ACTION MINUTES
Page 2 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 11/14/2022
Study Session
3. Bi-Annual Discussion with the Independent Police Auditor
ACTION: None
Agenda Changes, Additions and Deletions
Public Comment
Consent Calendar
MOTION: Council Member Cormack moved, seconded by mayor Burt to
approve Agenda Item Numbers 4-7.
4. Approval of Contract Amendment Number 3 to Contract Number
C16166822 with ARC Document Solutions for Copiers/Printers to Extend
the Term of the Contract for Three Additional Years and to Decrease the
Annual Amount by $102,068 to $306,000 Per Year and a Total Contract
Not to Exceed amount of $2,835,340
5. Approval of a Construction Contract with Anderson Pacific Engineering
Construction in the Amount of $6,070,000; Authorization for the City
Manager or Their Designee to Negotiate and Execute Change Orders up
to a Not-to-Exceed Amount of $607,000; Approval of Amendment #1 to
Contract Number C21176592C with Carollo Engineers to Add Services,
to Increase Compensation by $604,246 for a New Maximum
Compensation Not-to-Exceed $604,247 for the Wastewater Treatment
Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid
Package 1 Project funded by the Plant Repair, Retrofit, and Equipment
Replacement Project (WQ-19002) at the Regional Water Quality Control
Plant
6. SECOND READING: Adoption of Nine Ordinances That Repeal and
Adopt Various Sections of the Palo Alto Municipal Code (PAMC) Related to the 2022 CA Building Codes (CA Code of Regulations Title 24)
Update and Proposed Local Amendments; including:
(1) Ordinance 5563 Chapter 15.04 Incorporating the 2022 CA Fire
Code With Local Amendments;
(2) Ordinance 5564 Chapter Chapter 16.04 Incorporating the 2022
CA Building Code With Local Amendments;
(3) Ordinance 5565 Chapter Chapter 16.05 Incorporating the 2022
CA Mechanical Code With Local Amendments;
(4) Ordinance 5566 Chapter Chapter 16.06 Incorporating the 2022
CA Residential Code With Local Amendments and Amending Chapter
DRAFT ACTION MINUTES
Page 3 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 11/14/2022
16.52 to Align Federal, State, and Local Flood Hazard Regulations;
(5) Ordinance 5567 Chapter Chapter 16.08 Incorporating the 2022 CA Plumbing Code With Local Amendments;
(6) Ordinance 5568 Chapter Chapter 16.16 Incorporating the 2022
CA Electrical Code With Local Amendments;
(7) Ordinance 5569 Chapter Chapter 16.18 Incorporating the 2021
International Swimming Pool and Spa Code With Local Amendments; (8) Ordinance 5570 Chapter Chapter 16.14 Incorporating the 2022
CA Green Building Standards Code with Local Amendments;
(9) Ordinance 5571 Chapter Chapter 16.17 Incorporating the 2022
CA Energy Code Without Local Amendments.
Environmental Assessment: Project is Exempt Under CA
Environmental Quality Act CEQA Guidelines Sections 15061(b)(3) and
15308
(FIRST READING: October 17, 2022 PASSED: 7-0).
7. Adoption of Resolution 10084 for the Santa Clara County Historical
Heritage Grant Program Authorizing the Application and Receipt of Grant
Funds by the City of Palo Alto for the Roth Building (300 Homer Ave)
Windows Rehabilitation & Restoration
MOTION PASSED: 7-0
City Manager Comments
Action Items
8. PUBLIC HEARING: Staff Recommend the City Council Review the North
Ventura Coordinated Area Plan (NVCAP) Refined Preferred Alternative
and Endorse the Refined Preferred Alternative Plan.
ORIGINAL MOTION: Council Member DuBois moved, seconded by Mayor
Burt to endorse the refined preferred alternative plan with the following
changes:
A. Allow 45 feet height transition on El Camino
B. 55 feet for 100% affordable site at 340 Portage without retail
C. Define strict TDM and evaluate a city initiated RPP district to protect
residential parking
D. Evaluate removing the woonerf to decrease congestion as an option in
the EIR
DRAFT ACTION MINUTES
Page 4 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 11/14/2022
E. No parking maximums
F. Raise the height limit along Park Blvd to 55 feet
SUBSTITUTE MOTION: Mayor Burt moved, seconded by Council Member
Stone to add:
G. Request Staff to evaluate zoning changes that would increase FAR for
housing on commercial sites along Park Blvd and Page Mill Rd.
MOTION PASSED: 5-2, Dubois, Kou no
SUBSTITUTE MOTION: Council Member Stone moved, seconded by Council
Member Cormack to amend item B to 65 feet for parking.
MOTION PASSED: 5-2, Filseth, DuBois no
MOTION SPLIT FOR THE PURPOSE OF VOTING: Council Member DuBois
moved, seconded by Mayor Burt to endorse the refined preferred
alternative plan with the following changes:
A. Allow 45 feet height transition on El Camino
MOTION PASSED: 5- 2 Filseth, Kou No
MOTION SPLIT FOR THE PURPOSE OF VOTING: Council Member DuBois
moved, seconded by Mayor Burt to endorse the refined preferred
alternative plan with the following changes:
B. 65 feet for 100% affordable site at 340 Portage without retail,
(to include 5 stories of residential, with one level for parking)
E. No parking maximums
MOTION PASSED: 5-2, Tanaka Filseth no
BALANCE OF THE MOTION: Council Member DuBois moved, seconded by
Mayor Burt to endorse the refined preferred alternative plan with the following
changes:
A. Allow 45 feet height transition on El Camino
B. 65 feet for 100% affordable site at 340 Portage without retail, (to
include 5 stories of residential, with one level for parking)
C. Define strict TDM and evaluate a city initiated RPP district to protect
residential parking
DRAFT ACTION MINUTES
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(Sp.) City Council Meeting
Draft Action Minutes: 11/14/2022
D. Evaluate removing the woonerf to decrease congestion as an option in
the EIR
E. No parking maximums
F. Raise the height limit along Park Blvd to 55 feet, for residential or
residential mix use without increasing commercial FAR
G. Request Staff to evaluate zoning changes that would increase FAR for
housing on commercial sites along Park Blvd and Page Mill Rd
H. Staff will review and return with recommendation about designation of
340 Portage Rd as a historical resource
MOTION PASSED: 6-1 Cormack No
FINAL APPROVED MOTION
MOTION: Council Member DuBois moved, seconded by Mayor Burt to endorse
the refined preferred alternative plan with the following changes:
A. Allow 45 feet height transition on El Camino
B. 65 feet for 100% affordable site at 340 Portage without retail, (to
include 5 stories of residential, with one level for parking)
C. Define strict TDM and evaluate a city initiated RPP district to protect
residential parking
D. Evaluate removing the woonerf to decrease congestion as an option in
the EIR
E. No parking maximums
F. Raise the height limit along Park Blvd to 55 feet, for residential or
residential mix use without increasing commercial FAR
G. Request Staff to evaluate zoning changes that would increase FAR for
housing on commercial sites along Park Blvd and Page Mill Rd
H. Staff will review and return with recommendation about designation of
340 Portage Rd as a historical resource
9. City Council discussion and direction regarding wage requirements for the
contract for next Janitorial services
DRAFT ACTION MINUTES
Page 6 of 6
(Sp.) City Council Meeting
Draft Action Minutes: 11/14/2022
A. Review and Provide Direction on Wage and Benefits Requirements for
Inclusion in a New Janitorial Services Request for Proposal (RFP)
B. Responsible Contracting Standards Colleague's Memo (Stone & Burt)
ACTION: Continued to a future meeting
Council Member Questions, Comments and Announcements
Adjournment: The meeting was adjourned at 10:58 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.