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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 Page 5 of 6 (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.