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HomeMy WebLinkAboutStaff Report 2301-08101.Approval of Minutes from December 12, 2022, December 19, 2022 and January 9, 2023 CITY COUNCIL STAFF REPORT From: City Clerk Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: January 30, 2023 TITLE Approval of Minutes from December 12, 2022, December 19, 2022 and January 9, 2023 RECOMMENDATION It is recommended that the minutes be reviewed and approved. ATTACHMENTS Attachment A: Minutes from December 12, 2022 Attachment B: Minutes from December 19, 2022 Attachment C: Minutes from January 9, 2023 APPROVED BY: Lesley Milton Report #: 2301-0810 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting December 12, 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: DuBois Absent: None Special Order of the Day AA1. Sobrato Philanthropies Action: No action 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 XX moved, seconded by Council Member XX to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:20 P.M. Council returned from Closed Session at 6:11 P.M. Mayor Burt announced there were no reportable actions. Agenda Changes, Additions and Deletions None DRAFT ACTION MINUTES Page 2 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/12/2022 Public Comment Consent Calendar Council Member Cormack registered a no vote on Agenda Item Number 2. Council Member Tanaka registered a no vote on Agenda Item Number 4,6 7. MOTION: Council Member Cormack moved, seconded by Mayor Burt to approve Agenda Item Numbers 2-8. Motion split for the purpose of voting Motion Passes for Item 2: 6-1 Cormack no Motion Passes for Item 4,6,7: 6-1 Tanaka no Motion Passes for items 3,5,8: 7-0 2. SECOND READING: Adoption of 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 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) (FIRST READING: November 28, 2022 PASSED 6-1, Cormack No) 3. Utilities Advisory Commission Recommend the City Council Affirm the Continuation of the REC Exchange Program 4. Approval of Amendment No. 1 to Contract C09124501 with GreenWaste of Palo Alto for Collection and Processing Services to Implement Domestic Recycling of Mixed Paper and Mixed Rigid Plastics with Program Annual Costs Not to Exceed $1.2M; and Approval of Budget Amendment in the Refuse Fund Supplemental Report Added 5. Approval of Contract S20178749 Amendment No. 3 with LCT SOFTWARE, LLC in the Amount of $72,924 for a New Not to Exceed Amount of $247,254 for Electronic Document Review Software related to the City’s Land Use and Permitting System Through December 31, 2023 6. Approval of Lease and License of 300 Homer Ave. Roth Building between the City of Palo Alto and the Palo Alto Museum 7. Appointment of Kiely Nose as Assistant City Manager DRAFT ACTION MINUTES Page 3 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/12/2022 8. Approval of a Contract with Nomad Transit, LLC (Via) for City of Palo Alto On-Demand Transit Service in a total contract amount not to exceed $2,500,000 for up to two years and Approval of a Budget Amendment in the General Fund (Late Packet Report Added) City Manager Comments Action Items 1. Approval of Amendment No. 1 to Contract # C21180078 with Blue Rhino Studios, Inc. in the Amount of $234,748 for Design and Fabrication of Additional Dinosaur Sculptures and Exhibits for the Palo Alto Junior Museum & Zoo for a total not-to-exceed amount of $449,464. Environmental Review: CEQA Exemption 15301. MOTION: Council Member Cormack moved, seconded by Council Member Stone to approve an amendment (Attachment A) to the professional services agreement (C21180078) with Blue Rhino Studios, Inc. to increase the contract in the amount of $234,758 for a total not to exceed amount of $449,464 for fabrication of dinosaur sculptures and exhibits for the Palo Alto Junior Museum & Zoo (JMZ) “California Dinosaur Garden” Exhibition Project, Capital Improvement Program Project AC-18001. MOTION PASSED: 7-0 10. PUBLIC HEARING/LEGISLATIVE: Adoption of Amendments to Palo Alto Municipal Code Chapter 18.09, Accessory and Junior Accessory Dwelling Units due to State Law Changes and Direction from the California Department of Housing and Community Development. Environmental Assessment: Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305. Planning and Transportation Commission Recommended Approval of the Ordinance. MOTION: Council Member Cormack moved, seconded by Mayor Burt to adopt Ordinance 5574 amending Palo Alto Municipal Code Title18 (Zoning) regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to reflect changes in state law and direction from the California Department of Housing and Community Development (HCD). MOTION PASSED 7-0 11. Approval of Response to the Grand Jury Report "If You Only Read the Ballot, You're Being Duped" MOTION: Council Member Cormack moved, seconded by Mayor Burt to approve the proposed DRAFT ACTION MINUTES Page 4 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/12/2022 response to the Santa Clara County Civil Grand Jury Report entitled, “If You Only Read the Ballot, You’re Being Duped,” dated October 7, 2022. MOTION PASSED: 7-0 12. Colleagues Memo From Council Members Dubois, Kou, And Stone Regarding: Whole Home Short Term Rentals MOTION: Council Member DuBois moved, seconded by Council Member Stone that Council refers discussion to Policy and Services to evaluate specific recommendations regarding Short Term Rentals (STR) including: 1) Recommend an Option: a) Enforce current ban on STR and update penalties OR b) Update ordinance to allow owner occupied STR and establish registration and enforcement requirements 2) With consideration of the following: a) Consider including STR in current rental registry efforts b) For multi-listing professional hosts consider requiring business registration in updated business registry process c) Evaluate means of enforcement and opportunities to minimize costs by Considering technology opportunities. (automated capture, address determination, enforcement letters, etc.) d) Determine if we can get RHNA credit for more long-term housing e) Ordinance update if needed f) Implement enforcement as required MOTION PASSES: 5-2, Cormack, Tanaka no Council Member Questions, Comments and Announcements Adjournment: The meeting was adjourned at 9:08 P.M. DRAFT ACTION MINUTES Page 5 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/12/2022 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. CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting December 19, 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 CALL TO ORDER SPECIAL ORDERS OF THE DAY 1. Resolution Expressing Appreciation to Michael Nafziger Upon his Retirement 2. Resolution Expressing Appreciation to Dinaa Alcocer Upon her Retirement 3. Resolution Expressing Appreciation to Kim Roderick Upon her Retirement 4. Resolution Expressing Appreciation to Brian Baggot Upon his Retirement Agenda Changes, Additions and Deletions Item 17 was removed from the agenda. Public Comment Consent Calendar Council Member Kou, Burt, Tanaka requested to pull Agenda Item Number 8, AA1 and they were removed from consideration. Council Member Tanaka registered a no vote on Agenda Item Number 7, 9, 14, 15. MOTION: Council Member Dubois moved, seconded by Council Member Cormack to approve Consent Agenda Item Numbers 5-7, 9-18. MOTION SPLIT FOR THE PURPOSE OF VOTING DRAFT ACTION MINUTES Page 2 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/19/2022 MOTION PASSED ITEMS 7, 9, 14, 15: 6-1 Tanaka no MOTION PASSED ITEMS 5, 6, 10-13,16-18: 7-0 5. Approve Minutes from the November 28 and December 5, 2022 City Council Meetings 6. Approval of Construction Contract With Adams Pool Solutions (C23185733), in the Total not to Exceed Amount of $534,838 for the Rinconada Lap Pool and Children’s Pool Re-plaster Project ($486,217) and Authorization of Contract Contingency ($48,621); Funded in the Building Systems Improvements Capital Improvement Project (PF-01003) 7. Adoption of a revised Management and Professional Employees Compensation Plan and salary schedule, effective December 31, 2022 through June 30, 2025 8. Finance Committee Recommends the City Council Adopt a Resolution Amending the E- HRA (Electric Hydro Rate Adjuster) Rate Schedule, Increasing the Current E-HRA Rate to $0.048/kWh Effective January 1, 2023 (pulled from consideration) 9. Approval of a Professional Services Agreement with Woodard & Curran (C23185763) for the Amount of $486,000 Over a 5-year Term for Regulatory Compliance Assistance to the Regional Water Quality Control Plant 10. Approval of Professional Services Contract Amendment Number 2 with Buildingeye (S19174467) to add $123,410 for a Not-to-Exceed Amount of $353,410 and Extend the Contract for Two Years to Provide Visualization of Data for Building Permits, Planning Entitlements and Code Enforcement Activities 11. Approval of Contract with Urban Rock Design (C23186954) not-to-exceed $99,000 for Public Art Associated with the Boulware Park Renovation and Expansion 12. Adoption of Updated Salary Schedules for Limited Hourly (HRLY) and Service Employee International Union Hourly (SEIU-H) Employee Groups in Accordance with the City of Palo Alto Minimum Wage Ordinance 13. Adoption of Resolution 10087 of Weeds to be a Public Nuisance and Setting February 27, 2023 for a Public Hearing for Objections to the Proposed Weed Abatement 14. Approval of Amendment No. 3 with SWA Services Group, Inc. (SWA) Contract No. C18168154 to Increase Compensation by $1,339,900 for a New Total Not to Exceed Amount of $13,612,443, and to Extend the Contract Term by Six Months, for Janitorial Services. 15. Approval of Contract With Woodard & Curran, Inc. (C23186176) in a Total Amount Not to Exceed $3,151,500 for Program Management Services for Projects Under the Long-Range Facilities Plan of the Regional Water Quality Control Plant – Capital Improvement Program Project WQ- 10001 DRAFT ACTION MINUTES Page 3 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/19/2022 16. Approve and Authorize the City Manager to Execute a 5-year General Services Agreement With Bosco Oil, Inc. in an Amount Not-to-Exceed $4,801,445 for the Purchase of Unleaded and Diesel Fuels to Supply the City's Fleet and approve a budget amendment in the Vehicle Replacement and Maintenance Fund 17. Approval of Contract C23186719 (Attachment A) with CivicPlus, LLC for CivicRec Recreation Management Software for a Period of Six Years in an Amount of $735,065 (Including a 5% Contingency for Additional Services Amount of $29,229). Late Packet Report 18. Adoption of Resolution 10088 Declaring the Results of the Consolidated Municipal Election Held on November 8, 2022 AA1. Adoption of a Resolution Increasing the Gas Monthly Market-Based Commodity Rate Cap From $2.00 Per Therm to $4.00 Per Therm by Amending Utility Rate Schedules G-1 (Residential Gas Service), G-2 (Residential Master-Metered and Commercial Gas Service), G-3 (Large Commercial Gas Service), and G 10 (Compressed Natural Gas Service) (pulled from Consideration) City Manager Shikada reported that staff will address the pulled items, preceding Item 19 City Manager Comments Mayor’s End of Year Comments Action Items 8. Finance Committee Recommends the City Council Adopt a Resolution Amending the E- HRA (Electric Hydro Rate Adjuster) Rate Schedule, Increasing the Current E-HRA Rate to $0.048/kWh Effective January 1, 2023 MOTION: Council Member Cormack moved, seconded by Council Member Filseth to adopt Resolution 10089 Amending the Electric Hydro Rate Adjuster rate schedule (EHRA), Increasing the Current E-HRA Rate to $0.048/kWh Effective January 1, 2023, to reflect current hydrological conditions and market purchase costs. This would replace the existing EHRA surcharges and discounts across all levels and increase the current E-HRA rate from $0.013/kWh to $0.048/kWh. MOTION PASSED: 6-1 Tanaka No AA1. Adoption of a Resolution Increasing the Gas Monthly Market-Based Commodity Rate Cap From $2.00 Per Therm to $4.00 Per Therm by Amending Utility Rate Schedules G-1 (Residential Gas Service), G-2 (Residential Master-Metered and Commercial Gas Service), G-3 (Large Commercial Gas Service), and G 10 (Compressed Natural Gas Service) DRAFT ACTION MINUTES Page 4 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/19/2022 MOTION: Council Member DuBois moved, seconded by Vice Mayor Kou to adopt Resolution 10090 (Attachment A) amending utility rate schedules G-1, G-2, G-3, and G-10 to raise the upper limit on the monthly market-based commodity component from $2.00 per therm to $4.00 per therm effective January 1, 2023. MOTION PASSED: 6-1 Tanaka No 19. 1237 San Antonio Road [22PLN-0013], Project Known as Palo Alto Homekey: Recommendation for a Comprehensive Plan Amendment for the Northwest Portion of the Site Changing the Land Use Map Designation from "Public Conservation Land" (CL) to "Major Institution Special Facilities" (MISP) to Create Alignment Between the Existing Use and Its Designation MOTION: Council Member Stone moved, seconded by Vice Mayor Kou to adopt Resolution 10091 amending the Comprehensive Plan land use designation at 1237 San Antonio Road from Public Conservation Land (CL) to Major Institution/Special Facilities (MISP) to create an alignment between the existing use and its designation. MOTION PASSED: 7-0 20. Staff and the Utilities Advisory Commission (UAC) Recommend the City Council Approve Option 2 for Building Fiber-to-the-Premises (FTTP) Under a Phased Approach MOTION: Council Member DuBois moved, seconded by Vice Mayor Kou to: 1. Move Forward with Option 2 to build the First phase of Fiber-to-the premises (FTTP) without a revenue bond 2. Maximize number of homes and businesses passed 3. As part of the marketing plan, consider promotional rates to increase take rate 4. Define leading indicators and metrics to determine success 5. If metrics are positive, recommend that Council accelerate expansion, including a potential bond in order to streamline construction and compress the overall construction time as much as feasible MOTION PASSED:6-1 21. Review and Adoption of the Policy and Services Committee Recommendations on the Revised Council Procedures and Protocols Handbook ACTION: No action taken DRAFT ACTION MINUTES Page 5 of 5 (Sp.) City Council Meeting Draft Action Minutes: 12/19/2022 Council Member Questions, Comments and Announcements Adjournment: The meeting was adjourned at 11:41 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 3 Regular Meeting January 9, 2023 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 6:00P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: None Absent: None OATH OF OFFICE City Clerk Lesley Milton provided the Oath of Office to the three new Council Members Lauing, Lythcott-Haims, Veenker 1. Nomination of Mayor NOMINATION: Council Members Stone and Tanaka nominated Council Member Kou for Mayor for 2023. NOMINATION FOR COUNCIL MEMBER KOU AS MAYOR FOR 2023 PASSED: 7-0 2. Nomination of Vice Mayor NOMINATION: Council Members Veenker, Lauing nominated Council Member Stone for Vice Mayor for 2023. NOMINATION: Council Members Lythcott Haims nominated Council Member Tanaka for Vice Mayor for 2023. DRAFT ACTION MINUTES Page 2 of 3 (Sp.) City Council Meeting Draft Action Minutes: 1/9/2023 First Round of voting for the position of Vice Mayor with term ending December 31, 2023. Voting For: Greer Stone Greg Tanaka Kou, Stone, Burt, Lauing, Veenker Tanaka, Lythcott-Haims NOMINATION FOR COUNCIL MEMBER STONE AS VICE MAYOR FOR 2023 PASSED: 5-2 3. Resolution Expressing Appreciation For Outstanding Public Service To Alison Cormack As Council Member MOTION: Council Member Burt, seconded by Mayor Kou to adopt the resolution recognizing Council Member Cormack for her outstanding public service as Council Member. MOTION PASSES: 7-0 4. Resolution Expressing Appreciation For Outstanding Public Service To Tom DuBois As Council Member MOTION: Council Member Lauing, seconded by Council Member Burt to adopt the resolution recognizing Council Member DuBois for his outstanding public service as Council Member. MOTION PASSES: 7-0 5. Resolution Expressing Appreciation For Outstanding Public Service To Eric Filseth As Council Member MOTION: Vice Mayor Stone, seconded by Council Member Lauing to adopt the resolution recognizing Council Member Filseth for his outstanding public service as Council Member. MOTION PASSES: 7-0 DRAFT ACTION MINUTES Page 3 of 3 (Sp.) City Council Meeting Draft Action Minutes: 1/9/2023 6. Resolution Expressing Appreciation For Outstanding Public Service To Pat Burt as 2022 Mayor MOTION: Vice Mayor Stone, seconded by Council Member Veenker to adopt the resolution recognizing Council Member Burt for his outstanding public service as Mayor in 2022 MOTION PASSES: 7-0 AA1. Discussion of the City’s Response to Recent Storms Public Comment Adjournment: The meeting was adjourned at 9:46 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.