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Home My WebLink AboutStaff Report 15039 City of Palo Alto (ID # 15039) Office of the City Clerk City Council CAO Report Meeting Date: 12/19/2022 Report Type: Consent Calendar Title: Approve Minutes from the November 28 and December 5, 2022 City Council Meetings From: Lesley Milton, City Clerk Staff recommends Council to review and approve the minutes as presented. ATTACHMENTS: x Attachment5.a: Attachment A: 20221128amCCsm (PDF) x Attachment5.b: Attachment B: 20221205amCCsm (PDF) 5 Packet Pg. 15 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting November 28, 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, Filseth, Kou, Stone, Tanaka Present Remotely: DuBois Absent: None Agenda Changes, Additions and Deletions Public Comment Consent Calendar Vice Mayor Kou register a no vote on Agenda item Number 2. Council Member Cormack registered a no vote on Agenda Item Number 3. Council Member Tanaka registered a no vote on Agenda Item Number 8. MOTION: Council Member Cormack moved, seconded by Mayor Burt to approve Agenda Item Numbers 1-8. Motion Passed Items 1, 4-7: 7-0 Motion Passed Item 2: 6-1 Kou no Motion Passed Item 3: 6-1 Cormack no Motion Passed Item 8: 6-1 Tanaka no 1. Approve Minutes from the November 7 and November 14, 2022 City Council Meetings 2. SECOND READING: Adopted Ordinance 5572 to Continue the Pilot Parklet Program and Other On-Street Uses During Transition Period (FIRST READING: October 24, 2022 PASSED 7-0) 3. Adopted Ordinance 5573 extending the Term of Ordinance No. 5517 by an Additional 18 Months to Expire on June 16, 2024. Ordinance 5517 Amends Title 18 (Zoning) of the Palo Alto Municipal Code to 5.a Packet Pg. 16 DRAFT ACTION MINUTES Page 2 of 5 Sp. City Council Meeting Draft Action Minutes: 11/28/2022 Update Definitions, Broaden Permitted Uses and Provide Limits on Certain Uses through Updates to the Conditional Use Permit Thresholds. Environmental Review: CEQA Exemption 15061(b)(3) 4. Approve an Amendment to the Legal Service Agreement with Colantuono, Highsmith & Whatley, PC (Contract S17167696) to Increase the Contract Amount by an Additional $120,000 for a new Not-to-Exceed Amount of $575,000 and Extend the Term to October 1, 2027 5. Policy And Services Recommendation Regarding New Council Member Orientation & Onboarding Program 6. QUASI-JUDICIAL. 419 Palm (14PLN-00410): Consideration to Approve a Building Permit Extension in Accordance With Palo Alto Municipal Code Section 16.04.090. Environmental Analysis: A Mitigated Negative Declaration was Approved on September 2, 2016. 7. Approval of a Purchase Order With National Auto Fleet Group in an Amount Not to Exceed $377,826 for the Purchase of a 2023 Chevrolet G4500 Type III Ambulance, Utilizing a Cooperative Purchase Agreement 8. Approval of a Purchase Order with Golden State Fire Apparatus in an Amount Not to Exceed $1,168,875 for the Purchase of a 2022 Pierce Enforcer Heavy Duty Rescue, Utilizing a Cooperative Purchase Agreement City Manager Comments Action Items 9. Review of, and Direction to Staff to Submit, the Draft 2023-31 Housing Element, as Modified, to the State Department of Housing and Community Development for its 90-Day Review. The Planning and Transportation Commission Will Participate in a Joint Meeting with the City Council to Discuss the Draft Housing Element. Environmental Review: This Action is not a Project in Accordance with the CEQA Guidelines. ORIGINAL MOTION: Council Member DuBois moved, seconded by Mayor Burt to: A. Direct staff to incorporate changes into the public review draft Housing Element as specified in Attachment A, including: a. Revise program 1.4 Implementing Objective A. to 100% affordable housing, capped at 80% AMI, 5.a Packet Pg. 17 DRAFT ACTION MINUTES Page 3 of 5 Sp. City Council Meeting Draft Action Minutes: 11/28/2022 b. Revise program 1.5 to add Implementing Objective F to remove the Conditional Use Permit at the Stanford Research Park for residential uses at appropriate locations, c. Add an Implementation Objective to Program 6 to study and research what other jurisdictions have done to provide affordable housing preferences for historically disadvantaged populations and report back to the Council. B. Direct staff to submit a revised draft Housing Element to the California Department of Housing and Community Development. SUBSTITUTE MOTION Council Member Stone, seconded by Mayor Burt to add to item A (a) the statement “and PAUSD Employees” MOTION PASSED: 4-2-1, DuBois, Filseth no, Cormack Recused MOTION SPLIT FOR THE PURPOSE OF VOTING REVISED MOTION: Council Member DuBois moved, seconded by Mayor Burt to: A. Direct staff to incorporate changes into the public review draft Housing Element as specified in Attachment A, including: a. Revise program 1.4 Implementing Objective A to 100% affordable housing, capped at 80% AMI, or for workforce housing for City employees and PAUSD employees b. Revise program 1.5 to add Implementing Objective F to remove the Conditional Use Permit at the Stanford Research Park for residential uses at appropriate locations, c. Add an Implementation Objective to Program 6 to study and research what other jurisdictions have done to provide affordable housing preferences for historically disadvantaged populations and report back to the Council. MOTION PASSED: 5-1-1, Tanaka no, Cormack recused MOTION: Council Member DuBois moved, seconded by Mayor Burt to: B. Direct staff to submit a revised draft Housing Element to the California Department of Housing and Community Development. MOTION PASSED: 6-0-1, Cormack recused 5.a Packet Pg. 18 DRAFT ACTION MINUTES Page 4 of 5 Sp. City Council Meeting Draft Action Minutes: 11/28/2022 10. Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, City Attorney and City Clerk MOTION: Council Member Cormack moved, seconded by Council Member Filseth to approve the amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, City Attorney and City Clerk as presented. MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION: Council Member Cormack moved, seconded by Council Member Filseth to approve the amendments to the Employment Agreements between the City of Palo Alto Council Appointed Officers City Attorney and City Clerk. MOTION PASSED: 7-0 MOTION: Council Member Cormack moved, seconded by Council Member Filseth to approve the amendment to the Employment Agreement for the City of Palo Alto Council Appointed Officer the City Manager. MOTION PASSED: 6-1, Tanaka no 11. Potential Nomination of a Council Member to Serve on the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) for a Two-Year Term Beginning January 2023 MOTION: Vice Mayor Kou moved, seconded by Council Member DuBois to nominate Mayor Burt to the Board of Directors of the Santa Clara County Valley Transportation Authority (VTA) for a two-year term from 2023-2025. SUBSTITUTE MOTION: Council Member Tanaka moved, seconded by Council Member Cormack to delay voting on this item until the new council members are seated MOTION FAILED: 3-4, Burt, DuBois, Kou, Stone no MOTION: Vice Mayor Kou moved, seconded by Council Member DuBois to nominate Mayor Burt to the Board of Directors of the Santa Clara County Valley Transportation Authority (VTA) for a two-year term from 2023-2025. MOTION PASSED: 5-2, Cormack, Tanaka no Council Member Questions, Comments and Announcements Council Member Cormack Adjournment: The meeting was adjourned at 9:57 P.M. 5.a Packet Pg. 19 DRAFT ACTION MINUTES Page 5 of 5 Sp. City Council Meeting Draft Action Minutes: 11/28/2022 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. 5.a Packet Pg. 20 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting December 5, 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, Filseth, Kou, Stone, Tanaka Present Remotely: DuBois Absent: None SPECIAL ORDER OF THE DAY AA1. Neighbors Abroad Presentation: Sister City Mayor Ando of Tsuchiura, Japan Action: No action was taken. STUDY SESSION AA2. Study Session to Receive an Update on the Santa Clara County’s Effort to Update the Stanford Community Plan. Action: No action was taken. Closed Session 1. 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 Filseth moved, seconded by Mayor Burt to go into Closed Session. MOTION PASSED: 7-0 5.b Packet Pg. 21 DRAFT ACTION MINUTES Page 2 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/05/2022 Council went into Closed Session at 6:42 P.M. Council returned from Closed Session at 9:00 P.M. Mayor Burt announced there were no reportable items. Agenda Changes, Additions and Deletions Public Comment Consent Calendar Council Member Cormack, DuBois registered a no vote on Item Number 2. Council Member Tanaka registered a no vote on Agenda Item Number 3, 5. MOTION: Council Member Cormack moved, seconded by Council Member Burt to approve Agenda Item Numbers 2-6. MOTION SPLIT FOR PURPOSE OF VOTING: ITEMS 2 OF MOTION PASSED: 5-2, Cormack, DuBois no ITEMS 3, 5 OF MOTION PASSED: 6-1 Tanaka No ITEMS 4,6 OF MOTION PASSED: 7-0 2. Adoption of Resolution 10085 Authorizing Use of Teleconferencing for Council Meetings During Covid-19 State of Emergency 3. Approval of a Professional Services Agreement With CLEAResult, Inc., for Residential Energy Efficiency and Electrification Advising, Rebate Processing and Optional Heat Pump Water Heater Pilot Program Administration for a Total Not-to-Exceed Amount of $2,940,400 for a 4-Year Term Through December 2026 4. Approve Contract C23185850 With Thomas Sarsfield for a Not-To- Exceed Amount of $395,000 for a Term of Three Years to Provide a Tennis Recreation Program 5. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $172,000 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) 6. Approval of the Office of the City Auditor's Fiscal Year (FY) 2023 Task Orders 5.b Packet Pg. 22 DRAFT ACTION MINUTES Page 3 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/05/2022 7. Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting February 27, 2023 for a Public Hearing for Objections to the Proposed Weed Abatement Action: Continued to 12/19/22 City Manager Comments Action Items 8. Approval of a Construction Contract With Anderson Pacific Engineering Construction (APEC) in the Total Amount of $161,846,500; Approval of Three Amendments to Existing Agreements with: 1) Stanford University, 2) East Palo Alto Sanitary District, and 3) Mountain View and Los Altos; Approval of Amendment #2 to Contract Number C19171565 with Brown & Caldwell to Add Services, to Increase Compensation by $1,484,689 for a New Maximum Compensation Not- to-Exceed $5,908,791, and to Extend the Contract Term through March 31, 2028; Approval of Amendment #2 to Contract Number C21176592C with Carollo Engineers to Add Construction Management Services, to Increase Compensation by $8,237,021; approval of a resolution to increase Clean Water State Revolving Fund financing to $193,000,000; approval of a budget appropriation increasing revenue and expenses; and approval of an exception to Debt Policy 1-65 for the Secondary Treatment Upgrades Project (WQ-19001) at the Regional Water Quality Control Plant. MOTION: Mayor Burt moved, seconded by Council Member Cormack to: 1. Approve and authorize the City Manager or their designee to execute the construction contract with Anderson Pacific Engineering Construction, Inc., in the amount of $161,846,500 for the Secondary Treatment Upgrades project, funded in Wastewater Treatment Enterprise Fund Capital Improvement Program project WQ-19001, at the Regional Water Quality Control Plant; 2. Authorize the City Manager or their designee to execute one or more change orders to the contract with APEC for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $16,184,650 or 10% of the contract amount, for a total not-to-exceed amount of $178,031,150; 3. Approve Amendment No. 8 to the agreement between Palo Alto and Stanford University; Addendum No. 1 to the Agreement between Palo Alto and the East Palo Alto Sanitary District; and Addendum No. 11 to the agreement among Palo Alto, Mountain View, and Los Altos; 4. Approve and authorize the City Manager or their designee to execute Amendment No. 2 to Contract No. C19171565 with Brown and Caldwell to increase the contract amount by $1,484,689 to provide design engineering services beyond the original scope of the contract for the design of the STU Project (CIP WQ-19001), and to extend the term through March 31, 2028. The revised total contract amount is not to exceed $5,908,791 including $5,371,628 for basic services and $537,163 for additional services; 5.b Packet Pg. 23 DRAFT ACTION MINUTES Page 4 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/05/2022 5. Approve and authorize the City Manager or their designee to execute Amendment No. 2 to Contract No. C21176592C with Carollo Engineers to increase the contract amount by $8,237,021 to provide construction management and inspection services during construction for the STU Project (CIP WQ-19001). The revised total contract amount is not to exceed $8,841,268 including $8,037,516 for basic services and $803,752 for additional services; 6. Approve Resolution 10086 amending Resolution 9945 to increase the reasonably expected maximum principal amount of funding to $193,000,000 for design and construction of the Secondary Treatment Upgrades (CIP WQ-19001) and authorizing reimbursement of such funding from the Clean Water State Revolving Fund (SRF); 7. Approve an amendment to the Fiscal Year 2023 Budget Appropriation for the Wastewater Treatment Fund (requires a 2/3 majority vote) by: a) Increasing revenue from Other Agencies estimate from a State Revolving Fund Loan by $44,200,400 b) Increasing the Secondary Treatment Upgrades Capital Improvement Program project (WQ- 19001) appropriation by $44,200,400; and 8. Authorize an exception to City Policy and Procedures Debt Policy 1-65 Guideline V.A.6 to allow the Wastewater Treatment Enterprise Fund to use a debt limit exceeding 15 percent of annual Wastewater Treatment Enterprise Fund operating expenses. MOTION PASSED: 6-1, Tanaka No 9. PUBLIC HEARING / QUASI-JUDICIAL. 1700 Embarcadero Road [21PLN-00191]: Consideration of a Site and Design Review, Design Enhance Exception, Variance and Off-Street Loading Space Modification to Allow the Demolition of a Vacant Restaurant and the Construction of a new two-Story 31,000 Square Foot Automobile Dealership. The PTC and the ARB Recommend Approval of the Project. Environmental Assessment: Addendum to a Mitigated Negative Declaration. Zoning District: CS(D)(AD) Service Commercial (Site & Design Review / Automobile Dealership Combining Districts). (9:30 – 10:30 PM) MOTION: Council Member Tanaka moved, seconded by Council Member Cormack to Adopt the Record of Land Use Action approving a new car dealership and requests for a Site and Design, Variance, and Design Enhancement Exception based on findings and subject to the conditions of approval contained in Attachment B. MOTION PASSED: 7-0 10. Staff and the Council Sustainability and Climate Action (S/CAP) Ad Hoc Committee Recommend That Council Review and Provide Feedback to Staff on the Draft 2023-2025 S/CAP Work Plan and Direction on Governance of the Work Plan 5.b Packet Pg. 24 DRAFT ACTION MINUTES Page 5 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/05/2022 ACTION: This item was continued to a future meeting. Council Member Questions, Comments and Announcements Adjournment: The meeting was adjourned at 11:08 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. 5.b Packet Pg. 25