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HomeMy WebLinkAboutStaff Report 14909 (2) City of Palo Alto (ID # 14909) Office of the City Clerk City Council CAO Report Meeting Date: 11/7/2022 Report Type: Consent Calendar Title: Approve Minutes from the October 17, 2022 and October 24, 2022 City Council Meetings From: Lesley Milton, City Clerk Staff recommends Council to review and approve the minutes as presented. ATTACHMENTS: • Attachment A: 20221017amCCsm (PDF) • Attachment B: 20221024amCCsm (PDF) CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Special Meeting October 17, 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, DuBois, Filseth, Kou, Stone, Tanaka Present Remotely: Cormack Absent: None Special Orders of the Day 1. Cybersecurity Awareness Month Proclamation ACTION: Proclamation Issued Study Session 2. 3400 El CAMINO REAL [22PLN-00227]: Request for Prescreening of the Applicant's Proposal to Rezone the Subject Site From Various Zoning Districts to Planned Housing Zone (PHZ) to Allow Construction of 382 Residential Rental Units (44 studios, 243 one- bedroom, 86 two-bedroom and 9 three-bedroom units) in two Buildings. Environmental Assessment: Not a Project. Zoning District: CS, CS(H), RM-20 (Service Commercial, Hotel, Multi-Family Residential). ACTION: None taken, comments provided Agenda Changes, Additions and Deletions None. Public Comment DRAFT ACTION MINUTES Page 2 of 4 (Sp.) City Council Meeting Draft Action Minutes 10/17/2022 Consent Calendar MOTION: Council Member DuBois moved, seconded by Vice Mayor Kou to approve Agenda Item Numbers 3-5. 3. Approve Minutes from the September 29, 2022 and October 3, 2022 City Council Meetings 4. Approval of Construction Contract Number C23183908 With GSW Construction, Inc., in the Amount of $995,556 for the Two Turnouts Upgrade Project (WS-07000) on California Avenue and Page Mill Road; Authorization for the City Manager to Negotiate and Execute Related Change Orders Not-to-Exceed $99,556; and Approval of Budget Amendment in the Water Fund 5. Approval of Implementation of the U.S. Environmental Protection Agency-Funded (U.S. EPA) Greening Parking Facilities for a Sustainable Community Project and Approval of Agreement Between City of Palo Alto and City of Santa Clara to Partner on Project, and Approval of a Budget Amendment in the Stormwater Management Fund MOTION PASSED: 7-0 City Manager Comments Ed Shikada, City Manager Action Items 6. TEFRA Hearing Regarding Conduit Financing for the Kehillah Jewish High School's for the Partial or Full Refinancing of the 2014 Loan and Financing the Development, Construction, Renovation, Improvement and Equipping of the Corporation's Campus at 3900 Fabian Way, Palo Alto; and Approving the issuance of a Tax-exempt Loan by the California Municipal Finance Authority for this Purpose and Other Matters Relating Thereto MOTION: Vice Mayor Kou moved, seconded by Mayor Burt to adopt Resolution 10079 approving the issuance of the loan by the California Municipal finance Authority for the benefit of the Kehillah Jewish high School. MOTION PASSED: 7-0 7. PUBLIC HEARING: Adoption of Ten 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 (1) Chapter 15.04 Incorporating the 2022 CA Fire Code With Local Amendments; (2) Chapter 16.04 Incorporating the 2022 CA Building Code With Local Amendments; DRAFT ACTION MINUTES Page 3 of 4 (Sp.) City Council Meeting Draft Action Minutes 10/17/2022 (3) Chapter 16.05 Incorporating the 2022 CA Mechanical Code With Local Amendments; (4) Chapter 16.06 Incorporating the 2022 CA Residential Code With Local Amendments and Amending Chapter 16.52 to Align Federal, State, and Local Flood Hazard Regulations; (5) Chapter 16.08 Incorporating the 2022 CA Plumbing Code With Local Amendments; (6) Chapter 16.16 Incorporating the 2022 CA Electrical Code With Local Amendments; (7) Chapter 16.18 Incorporating the 2021 International Swimming Pool and Spa Code With Local Amendments; (8) Chapter 16.14 Incorporating the 2022 CA Green Building Standards Code with Local Amendments; (9) Chapter 16.17 Incorporating the 2022 CA Energy Code Without Local Amendments. (10) Chapter 16.19 Incorporating the 2022 CA Energy Code With Local Amendments. MOTION: Mayor Burt moved, seconded by Council Member Filseth to adopt the proposed ordinances that repeal and adopt various sections of the Palo Alto Municipal Code (PAMC) related to the 2022 California Building Codes (Cal. Code of Regulations Title 24) and proposed local amendments: (1) Ordinance 5563 repealing PAMC Chapter 15.04 and adopting a new Chapter 15.04 incorporating the 2022 Cal. Fire Code with local amendments; (2) Ordinance 5564 repealing PAMC Chapter 16.04 and adopting a new Chapter 16.04 incorporating the 2022 Cal. Building Codes and local amendments and a new Chapter 16.19 incorporating the 2022 Cal. Historical Building Code and Existing Building Code with local amendments; (3) Ordinance 5565 repealing PAMC Chapter 16.05 and adopting a new Chapter 16.05 incorporating the 2022 Cal. Mechanical Code with local amendments; (4) Ordinance 5566 repealing PAMC Chapter 16.06 and adopting a new Chapter 16.06 incorporating the 2022 Cal. Residential Code with local amendments and amending PAMC Chapter 16.52 to align federal, state, and local regulations regarding flood hazards; (5) Ordinance 5567 repealing PAMC Chapter 16.08 and adopting a new Chapter 16.08 incorporating the 2022 Cal. Plumbing Code with local amendments; (6) Ordinance 5568 repealing PAMC Chapter 16.16 and adopting a new Chapter 16.16 incorporating the 2022 Cal. Electrical Code with local amendments; (7) Ordinance 5568 repealing PAMC Chapter 16.18 and adopting a new Chapter 16.18 incorporating the 2021 International Swimming Pool and Spa Code with local amendments; (8) Ordinance 5570 repealing PAMC Chapter 16.14 and adopting a new Chapter 16.14 incorporating the 2022 Cal. Green Building Standards Code with local amendments; (9) Ordinance 5571 repealing PAMC Chapter 16.17 and adopting a new Chapter 16.17 incorporating the 2022 Cal. Energy Code without local amendments; DRAFT ACTION MINUTES Page 4 of 4 (Sp.) City Council Meeting Draft Action Minutes 10/17/2022 MOTION PASSED: 7-0 MOTION: Mayor Burt moved, seconded by Council Member Stone to direct staff return to the Council as soon as feasible with recommendations on strategies to increase our electrification workforce to be able to ensure electric reliability and expand electrification programs in the next year that would incorporate two-way, heat pump, HVAC systems upon replacement upon existing gas systems when a new system is installed in residential and commercial (roof pack) systems. MOTION FAILED: 3-4, Tanaka, Cormack, Filseth, DuBois voting no Council Member Questions, Comments and Announcements Adjournment: The meeting was adjourned at 10:49 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. 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.