HomeMy WebLinkAboutStaff Report 2303-10543.Approve Minutes from February 6, 2023 and February 27, 2023 Meetings
City Council
Staff Report
From: City Clerk
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: March 13, 2023
Report #: 2303-1054
TITLE
Approve Minutes from February 6, 2023 and February 27, 2023 Meetings
RECOMMENDATION
That the minutes be reviewed and approved as attached.
ATTACHMENTS
Attachment A: February 6, 2023 Draft Minutes
Attachment B: February 27, 2023 Draft Minutes
APPROVED BY:
Lesley Milton
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 5
Special Meeting
February 6, 2023
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, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker
Present Remotely: None
Absent: None
Study Session
1. Study Session on Palo Alto Link, the City’s New On-Demand Transit Service
Council Member Burt arrived at 5:17 PM
Agenda Changes, Additions and Deletions
MOTION: Council Member Burt moved, seconded by Mayor Kou to postpone Item 8 to the
February 13th, 2023 meeting.
MOTION PASSED: 7-0
MOTION: Mayor Kou moved, seconded by Council Member Veenker to move “Council Member
Comments, Questions and Announcements” to take place after “City Manager Comments” for
this agenda only.
MOTION PASSED: 7-0
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 5.
Council Member Burt, Kou, Stone requested to pull Item 4 from the Consent Agenda.
DRAFT ACTION MINUTES
Page 2 of 5
(Sp.) City Council Meeting
Draft ACTION Minutes: 2/6/2023
MOTION: Council Member Burt moved, seconded by Council Member Lauing to approve Agenda
Items 2, 3 and 5 and to pull Item 4 from the Consent Agenda.
2. Approval of Minutes from the January 23, 2023 City Council Meeting
3. Adopt Revised Retiree Benefit Funding Policy (Formerly ‘Pension Funding Policy’) for the
Financial Planning of Employee Pension and Other Post-Employment Benefits (OPEB)/Retiree
Healthcare Plans Consent Questions
4. Approval of Professional Services Agreement with Townsend Public Affairs, Inc. (C23183770)
in the Amount Not-to-Exceed $558,000 for State and Federal Legislative Advocacy Services
and Grant Consulting and Compliance Services for a Period of Three Years with the Option to
Renew for Two Periods of One Year Each; CEQA status—not a project Supplemental Report,
Consent Questions – Removed From The Agenda
5. Adoption of Memorandum of Agreements with International Association of Firefighters, Local
1319 and Service Employees International Union, Local 521; CEQA status—not a project
MOTION PASSED FOR ITEM 2, 3: 7-0
MOTION PASSED FOR ITEM 5: 6-1 Tanaka No
City Manager Comments
Council Member Questions, Comments and Announcements
RECESS CITY COUNCIL MEETING AND CONVENE PUBLIC IMPROVEMENT CORPORATION
MEETING
ACTION ITEM
6. Approval of Fiscal Year 2022 Palo Alto Public Improvement Corporation's
Annual Financial Statement
MOTION: Chair Kou, seconded by Board Member Lythcott-Haims to approve the Fiscal
Year (FY) 2022 Annual Financial Report for the Palo Alto Public Improvement
Corporation.
MOTION PASSED: 7-0
DRAFT ACTION MINUTES
Page 3 of 5
(Sp.) City Council Meeting
Draft ACTION Minutes: 2/6/2023
RECONVENE CITY COUNCIL MEETING
Action Items
7. Discussion Regarding Gas Powered Leaf Blower Enforcement and Possible Direction to
Prepare an Amendment to the Noise Ordinance (PAMC 9.10) and Resolution to Adjust
Financial Penalties for Violations in Residential Neighborhoods to Facilitate Compliance.
(Environmental review: not a project)
ORIGINAL MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to:
1) Direct staff to prepare an amendment to the Noise Ordinance (PAMC 9.10) to:
a) Clarify that citations may be issued to the leaf blower operator, leaf blower operator’s
employer, the property owner, manager, renter or other person authorizing or
employing the use of gas-powered leaf blower on their property, or all for violations of
the ban; and,
b) Remove the existing requirement to provide a five-day notice of violation warning the
operator of a gas-powered leaf blower and/or property owner in advance of issuing a
citation for violating the ban;
c) Include “Constructive knowledge” of property owner or property manager to section
9.10.060(f)
2) Direct staff to prepare a resolution updating the municipal penalty schedule for violation of
the gas-powered leaf blower ban to $250 for the first offense, $500 for the second offense
and $1,000 for the third and subsequent offenses within a three-year period; and direct
staff to update the municipal penalty schedule effective September 1, 2023
3) Endorse the leaf blower enforcement public engagement strategy presented in this report
4) Refer to Policy & Services Committee discussion considering ban on gas powered leaf blower
city-wide and evaluate replacement of internal combustion engines for residences and
commercial properties maintenance based on available replacement technologies;
evaluation of decibel levels for equipment
MOTION SPLIT FOR THE PURPOSE OF VOTING:
1 (b) Remove the existing requirement to provide a five-day notice of violation warning
the operator of a gas-powered leaf blower and/or property owner in advance of issuing
a citation for violating the ban;
2 Direct staff to prepare a resolution updating the municipal penalty schedule for violation
of the gas-powered leaf blower ban to $250 for the first offense, $500 for the second
offense and $1,000 for the third and subsequent offenses within a three-year period;
and direct staff to update the municipal penalty schedule effective September 1, 2023
MOTION PASSED: 5-2 Tanaka, Veenker No
DRAFT ACTION MINUTES
Page 4 of 5
(Sp.) City Council Meeting
Draft ACTION Minutes: 2/6/2023
FINAL MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to:
5) Direct staff to prepare an amendment to the Noise Ordinance (PAMC 9.10) to:
a) Clarify that citations may be issued to the leaf blower operator, leaf blower operator’s
employer, the property owner, manager, renter or other person authorizing or
employing the use of gas-powered leaf blower on their property, or all for violations of
the ban; and,
b) Remove the existing requirement to provide a five-day notice of violation warning the
operator of a gas-powered leaf blower and/or property owner in advance of issuing a
citation for violating the ban;
c) Include “Constructive knowledge” of property owner or property manager to section
9.10.060(f)
6) Direct staff to prepare a resolution updating the municipal penalty schedule for violation of
the gas-powered leaf blower ban to $250 for the first offense, $500 for the second offense
and $1,000 for the third and subsequent offenses within a three-year period; and direct
staff to update the municipal penalty schedule effective September 1, 2023
7) Endorse the leaf blower enforcement public engagement strategy presented in this report
8) Refer to Policy & Services Committee discussion considering ban on gas powered leaf blower
city-wide and evaluate replacement of internal combustion engines for residences and
commercial properties maintenance based on available replacement technologies;
evaluation of decibel levels for equipment
MOTION PASSED: 7-0
8. Review and Accept the FY 2024 - FY 2033 Long Range Financial Forecast (LRFF) and FY
2024 Budget Development Guidelines (8:30 – 10:30 PM)
ACTION: Item Continued
AA1. Approval of the 2023 City Council Priority Focus Areas, and Objectives Areas, Objectives,
and Respective Major Projects for Calendar Year 2023
ACTION: Item Continued
Adjournment: The meeting was adjourned at 10:28 P.M. in memory of Melissa Baten-Caswell.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
DRAFT ACTION MINUTES
Page 5 of 5
(Sp.) City Council Meeting
Draft ACTION Minutes: 2/6/2023
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
February 27, 2023
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: Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker
Present Remotely: Burt
Absent: None
Special Orders of the Day
1. Proclamations to Community Leaders in Honor of Black History Month
Agenda Changes, Additions and Deletions
Public Comment
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 3.
MOTION: Vice Mayor Stone moved, seconded by Council Member Veenker to approve Agenda
Item Numbers 2-5.
2. Approval of Minutes from the February 13, 2023 City Council Meeting
3. Adoption of a Memorandum of Agreement with the Fire Chiefs Association; CEQA
Status - Not a project
4. Approval of Construction Contract with O’Grady Paving, Inc. (#C23186898) in the
Amount of $2,509,460 and Authorization for the City Manager to Negotiate and
Execute Change Orders up to a Not-to-Exceed Amount of $250,946 for the Fiscal Year
2023 Street Resurfacing Project, Capital Improvement Program Projects Street
DRAFT ACTION MINUTES
Page 2 of 5
(Sp.) City Council Meeting
Draft Action Minutes: 02/27/2023
Maintenance PE-86070 and Storm Drainage System Replacement and Rehabilitation
SD-06101; CEQA status—exempt under CEQA Guidelines section 15301(c)
5. Appointments of 2023 Emergency Standby Council
MOTION PASSED ITEM 3: 6-1, Tanaka no
MOTION PASSES ITEMS 2, 4, 5: 7-0
City Manager Comments
Action Items
6. PUBLIC HEARING: Objections to Weed Abatement and Adoption of a Resolution Ordering
Weed Nuisance Abated; CEQA status – exempt (Class 8, 14 CCR section 15308) (6:00 –
6:20 PM)
MOTION: Council Member Lythcott-Haims moved, seconded by Vice Mayor Stone to approve
the final list of affected properties for weed abatement in 2023 following the public hearing, and
direct weed abatement activities to commence at those properties in accordance with Resolution
10087.
MOTION PASSED: 7-0
7. Parks and Recreation Commission Recommendation to Adopt an Ordinance Amending PAMC
Section 22.04.220 to Regulate Electric Bicycles and Electric Coasting Devices in Parks and Open
Spaces
ORIGINAL MOTION: Council Member Lauing moved, seconded by Mayor Kou to:
A. Adopted Ordinance 5575 to adopt an amendment to PAMC 22.04.220 to regulate electric
bicycles and electric coasting devices 1 in City parks and open spaces
B. Support the updated parks and open space regulation R1-18 and R1-37 to regulate
electric bicycles and electric coasting devices
C. Refer to staff for consideration for all bikes in Baylands and Arastradero Preserves:
1. Reduction of speed limit
2. Whether and where to restrict bicycle and horse access
DRAFT ACTION MINUTES
Page 3 of 5
(Sp.) City Council Meeting
Draft Action Minutes: 02/27/2023
3. Add bike racks at trail heads to the open space where lacking
D. Evaluation of a streamlined accessibility waiver for seniors to be able to obtain a permit
to utilize Class-1 electric bikes on unpaved roads that are at least 15 feet wide and
routinely used by motorized service vehicles in the Baylands and Arastradero Preserve
SUBSTITUTE MOTION: Council Member Lythcott-Haims moved, seconded by Council Member
Tanaka to:
A. Adopt an amendment to PAMC 22.04.220 to regulate electric bicycles and electric
coasting devices 1 in City parks and open spaces
B. Direct staff to update the Parks and recreation parks and open space regulations to
allow electric bikes on trails 12 feet or wider at the Baylands And Arastradero Preserve
with a speed limit of 10 MPH
MOTION FAILED: 3-4 Kou, Lauing, Stone, Veenker no
ORIGINAL MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION: Council Member Lauing moved, seconded by Mayor Kou to:
A. Adopt an amendment to PAMC 22.04.220 to regulate electric bicycles and electric
coasting devices 1 in City parks and open spaces
B. Support the updated parks and open space regulation R1-18 and R1-37 to regulate
electric bicycles and electric coasting devices
C. Refer to staff for consideration for all bikes in Baylands and Arastradero Preserves:
2. Whether and where to restrict bicycle and horse access in the Baylands and
Arastradero Open Space Preserve
MOTION PASSED: 5-2 Lythcott-Haims, Tanaka no
MOTION: Council Member Lauing moved, seconded by Mayor Kou to:
C. Refer to staff for consideration for all bikes in Baylands and Arastradero Preserves:
1. Reduction of speed limit
DRAFT ACTION MINUTES
Page 4 of 5
(Sp.) City Council Meeting
Draft Action Minutes: 02/27/2023
3. Add bike racks at trail heads to the open space where lacking
MOTION PASSED: 7-0
MOTION: Council Member Lauing moved, seconded by Mayor Kou to:
D. Evaluation of a streamlined accessibility waiver for seniors to be able to obtain a permit to
utilize Class-1 electric bikes on unpaved roads that are at least 15 feet wide and routinely
used by motorized service vehicles in the Baylands and Arastradero Preserve
MOTION FAILED: 3-4 Veenker, Lauing, Stone, Kou no
The Council took a break from 9:26 to until 9:35 pm and re-ordered the remaining agenda items
hearing item 9, then item 8.
9. Rescheduled Item from February 6, 2023: Professional Services Agreement with Townsend
Public Affairs Contract
MOTION: Mayor Kou moved, seconded by Council Member Burt to:
1. Approve a Professional Services Agreement with Townsend Public Affairs to perform state
and fed leg advocacy services and grant support and compliance services in an amount not
to exceed $186,000 for State and Federal Legislative Advocacy Services and Grant
Consulting for a period of one (1) year period with options to renew for four periods of one
year each
2. Establish an ad hoc committee directed toward legislative matters
3. Develop a scope of services and contract structure for the City’s grant plan and to address
the City’s legislative workplan
a) Explore incentives in year two for achievement of specific milestones if the contract is
renewed
MOTION PASSED: 7-0
DRAFT ACTION MINUTES
Page 5 of 5
(Sp.) City Council Meeting
Draft Action Minutes: 02/27/2023
8. Discussion and Possible Revision to 2023 Standing Committee Topics (Continued from February
13, 2023 agenda)
MOTION: Council Member Lauing moved, seconded by Council Member Veenker to continue
Item 8.
MOTION PASSED: 7-0
Council Member Questions, Comments and Announcements
Adjournment: The meeting was adjourned at 11:06 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.