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HomeMy WebLinkAboutStaff Report 2509-5207CITY OF PALO ALTO CITY COUNCIL Monday, September 29, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     4.Approval of Minutes from September 8 and September 15, 2025 Meetings City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: September 29, 2025 Report #:2509-5207 TITLE Approval of Minutes from September 8 and September 15, 2025 Meetings RECOMMENDATION Staff recommends that the City Council review and approve the minutes. ATTACHMENTS Attachment A: September 8, 2025 Draft Action Minutes Attachment B: September 15, 2025 Draft Action Minutes APPROVED BY: Mahealani Ah Yun, City Clerk CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 6 Regular Meeting September 8, 2025 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Present Remotely: Absent: Agenda Changes, Additions and Deletions Public Comment Council Member Questions, Comments and Announcements Study Session 1. 414 California Avenue [25PLN-00140]. Request for Council Prescreening to Rezone the Subject Property from Community Commercial (2) (CC[2]) to Planned Community/Planned Home Zoning and to Allow Construction of a Mixed-Use Building with 37 Units in a Six-Story Structure on a 16,231-Square-Foot (0.37 Acre) Site. CEQA Status: Not a Project. Item Removed Off Agenda (Rescheduled for September 15, 2025 City Council Meeting) 2. San Francisquito Creek Joint Powers Authority Update on Reach 2 Flood Control Project NO ACTION DRAFT ACTION MINUTES Page 2 of 6 City Council Meeting Draft Action Minutes: 09/08/2025 Consent Calendar MOTION: Councilmember Reckdahl moved, seconded by Councilmember Lu to approve Agenda Item Numbers 3-17. MOTION PASSED: 7-0 3. Approval of Minutes from August 11 and August 18, 2025 Meetings 4. Adoption of an Ordinance Amending the Fiscal Year 2026 Municipal Fee Schedule to Reflect Council-Directed Changes to Existing Fees and Add a New Subsidized Fee for Stand-Alone Residential Gas, Water and Space Heating Equipment Permits. CEQA Status: Not a Project 5. Approval of Construction Contract No. C26195620 with Public Restroom Company in the Amount Not-to-Exceed $412,940 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders Up to a Not-to-Exceed Amount of $41,294 to Provide and Install a Modular Restroom Building at Mitchell Park for the Park Restroom Installation Capital Improvement Program Project (PG-19000); CEQA status – exempt under CEQA Guidelines Section 15303 6. Approve Amendment #1 of the Memorandum of Agreement (MOA) with the California Alternate Energy and Advanced Transportation Financing Authority (CAEATFA), to Extend the Term of the Agreement from Two Years to Five Years, to Continue to Enable the Residents of Palo Alto to Participate in the GoGreen Home Energy Financing Program. 7. Authorization to Execute Amendment to Legal Services Contract S26195198 with Colantuono Highsmith & Whatley PC to Increase Amount by $205,000 for Total Not-to- Exceed Amount of $255,000; CEQA Status – Not a Project. 8. Adoption of an Emergency Ordinance Amending Palo Alto Municipal Code Chapters 16.04 (California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 & 2), 16.05 (California Mechanical Code, California Code of Regulations, Title 24, Part 4), and 16.14 (California Green Building Standards Code, California Code of Regulations, Title 24, Part 11) to Make Non-Substantive Changes Addressing Comments from the California Building Standards Commission. CEQA Status: Exempt Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308. 9. Approval of the Purchasing Card Audit and Extension Deadline for Two FY2024 Audit Project Task Orders and Amendment of the FY2024 and FY2025 Task Order Budgets to Realign the Authorized Budgets with a Net Zero Impact, as Recommended by the Policy & Services Committee; CEQA – Not a Project DRAFT ACTION MINUTES Page 3 of 6 City Council Meeting Draft Action Minutes: 09/08/2025 10. Approve Purchase Order S26195255 with Dasher Technologies, Utilizing a State of California Blanket Purchase Agreement, to Procure Rubrik Data Backup and Security Solution for a 3-Year Term for a Not-To-Exceed Amount of $106,933; CEQA Status - Not a Project. 11. Approval of Professional Service Contract Number C26195633 with H.T. Harvey & Associates in an Amount Not to Exceed $195,004 for Services to Manage a Wetland Remedial Mitigation Plan for a Period of 2 Years. CEQA Status – Categorically Exempt. 12. FIRST READ: Adopt an Ordinance Amending PAMC Chapter 10.56 (Special Speed Zones) to Update Speed Limit Studies for 22 Streets and Decrease the Speed Limit for a Portion of Deer Creek Road; and Approve the 2024 Traffic Survey; CEQA status – categorically exempt. 13. FIRST READING: Adoption of an Ordinance Amending Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code to Reflect Changes in Law. CEQA Status – Exempt under CEQA Guidelines Section 15061(b)(3). 14. SECOND READING: Ordinance Adopting the 2025 Fire Hazard Severity Zone Map Issued by the State Fire Marshal (FIRST READING: August 11, 2025 PASSED 6-0-1, Lythcott- Haims Absent) 15. SECOND READING: Ordinance Adding Use of Council Chambers Fees to the FY 2026 Municipal Fee Schedule (FIRST READING: August 11, 2025 PASSED 6-0-1, Lythcott-Haims absent) 16. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 2.21 (Architectural Review Board) and Chapter 2.25 (Parks and Recreation Commission) of the Palo Alto Municipal Code to Amend Procedures for Electing a Chair and Vice Chair (FIRST READING: August 11, 2025, PASSED 6-0-1, Lythcott-Haims Absent) 17. SECOND READING: Ordinance of the Council of the City of Palo Alto Restating Procedures for Expedited Permitting Processing for Electric Vehicle Charging Systems (FIRST READING: August 11, 2025 PASSED 6-0-1, Lythcott-Haims Absent) City Manager Comments Ed Shikada, City Manager DRAFT ACTION MINUTES Page 4 of 6 City Council Meeting Draft Action Minutes: 09/08/2025 Action Items 18. Discuss the FY 2026 budget amendments to reduce General Fund appropriations by approximately $6.2 million as Recommended by the Finance Committee and Approve the FY 2026 Budget Amendments in Various Funds. CEQA Status - Not a Project. MOTION: Councilmember Burt moved, seconded by Councilmember Reckdahl to approve amendments to the Fiscal Year 2026 Budget Appropriation for various funds and various capital projects, as identified in Attachment A, Exhibit 1 and 2 with the following changes: A. Restore Reserve Officer (0.12 FTE) position in the Police Department ($15k) B. Restore Program Assistant I (1.00) position in the Community Services Department at the JMZ ($126k) C. Refer the Foothills Nature Preserve Improvements capital project (PE-21000) to the Parks and Recreation Commission and staff will return with potential adjustments as part of the FY 2026 Mid-Year Budget Review D. Apply Measure B funding towards Churchill Avenue Enhanced Bikeway capital project (PL-14000) ($2.5M) E. Retain $50k in the Baylands Levee Repair for Public Safety Access capital project (OS- 09002) F. Refer Staff to review the Railroad Grade Separation and Safety Improvements capital project (PL-17001) and return with potential adjustments as part of the FY 2026 Mid- Year Budget Review AMENDMENT SPLIT FOR THE PURPOSE OF VOTING AMENDMENT: Councilmember Stone moved, seconded by Councilmember Lythcott-Haims to restore Senior Management Analyst (1.00 FTE) position in the City Manager’s Office ($176k) AMENDMENT PASSED: 7-0 AMENDMENT: Councilmember Stone moved, seconded by Councilmember Lythcott-Haims to restore Staff Specialist (0.48 FTE) position in the Community Services Department at the JMZ ($42k) AMENDMENT PASSED: 5-2, Burt, Reckdahl no AMENDMENTS INCORPORATED INTO THE FINAL MOTION FINAL MOTION: Councilmember Burt moved, seconded by Councilmember Reckdahl to approve amendments to the Fiscal Year 2026 Budget Appropriation for various funds and DRAFT ACTION MINUTES Page 5 of 6 City Council Meeting Draft Action Minutes: 09/08/2025 various capital projects, as identified in Attachment A, Exhibit 1 and 2 with the following changes: G. Restore Reserve Officer (0.12 FTE) position in the Police Department ($15k) H. Restore Program Assistant I (1.00) position in the Community Services Department at the JMZ ($126k) I. Refer the Foothills Nature Preserve Improvements capital project (PE-21000) to the Parks and Recreation Commission and staff will return with potential adjustments as part of the FY 2026 Mid-Year Budget Review J. Apply Measure B funding towards Churchill Avenue Enhanced Bikeway capital project (PL-14000) ($2.5M) K. Retain $50k in the Baylands Levee Repair for Public Safety Access capital project (OS- 09002) L. Refer Staff to review the Railroad Grade Separation and Safety Improvements capital project (PL-17001) and return with potential adjustments as part of the FY 2026 Mid- Year Budget Review M. Restore Senior Management Analyst (1.00 FTE) position in the City Manager’s Office ($176k) N. Restore Staff Specialist (0.48 FTE) position in the Community Services Department at the JMZ ($42k) FINAL MOTION PASSED: 7-0 19. Adoption of an Emergency Ordinance Amending Palo Alto Municipal Code (PAMC) Chapter 16.04 to Add Local Administrative Amendments Related to Certificates of Occupancy and Definitions to the 2022 California Building Code, and an Emergency Ordinance Amending PAMC Chapter 16.17 to Adopt the 2025 California Energy Code and Local Amendments Thereto. CEQA Status – Exempt Under CEQA Guidelines Section 15061(b)(3) and 15308. MOTION: Vice Mayor Veenker moved, seconded by Mayor Lauing to: 1. Adopt, by a four-fifths majority, the attached emergency ordinance (Attachment E) to incorporate administrative amendments into Palo Alto Municipal Code 16.04, which implements the California Building Code, and DRAFT ACTION MINUTES Page 6 of 6 City Council Meeting Draft Action Minutes: 09/08/2025 2. Adopt, by a four-fifths majority, the attached emergency ordinance (Attachment F) amending PAMC Chapter 16.17 to incorporate the 2025 Edition of the California Energy Code with local amendments related to energy efficiency. MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 10:29 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 Regular Meeting September 15, 2025 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Councilmember Stone arrived at 5:49 P.M. Present Remotely: Absent: Agenda Changes, Additions and Deletions Public Comment Council Member Questions, Comments and Announcements Study Session 1. 414 California Avenue [25PLN-00140]. Request for Council Prescreening to Rezone the Subject Property from Community Commercial (2) (CC[2]) to Planned Community/Planned Home Zoning and to Allow Construction of a Mixed-Use Building with 37 Units in a Six-Story Structure on a 16,231-Square-Foot (0.37 Acre) Site. CEQA Status: Not a Project. NO ACTION Consent Calendar Councilmembers Reckdahl, Burt requested to pull Agenda Item Number 9. DRAFT ACTION MINUTES Page 2 of 6 City Council Meeting Draft Action Minutes: 09/15/2025 Councilmembers Reckdahl, Burt registered a no vote on Agenda Item Number 9. Vice Mayor Veenker recused from Agenda Item Number 9. MOTION: Councilmember Stone moved, seconded by Mayor Lauing to approve Agenda Item Numbers 2-9. MOTION PASSED ITEMS 2-8: 7-0 MOTION PASSED ITEM 9: 4-2-1, Burt, Reckdahl No, Veenker Recused 2. PUBLIC HEARING: Adoption of Voluntary Residential Electric Service Time-of-Use Rates (E-1 TOU) as Recommended by the Finance Committee; CEQA Status: Not a Project 3. Finance Committee Recommendation for City Council to Direct Staff to Follow the Reasonable-Cost Analysis Required by Proposition 26 for the Gas Cost of Service Analysis and Collaborate with the Utilities Advisory Commission to Develop Revised Gas Rate Schedules Effective January 2026, Based on Five Design Principles; CEQA – Not a Project 4. Authorization to Execute Amendment to Legal Services Agreement S25193131 with Diepenbrock Elkin Dauer McCandless to Increase Amount by $1,086,000 for Total Not- to-Exceed Amount of $1,171,000; CEQA Status – Not a Project. 5. Approval of Contract Amendment Number 1 to Contract C21177635B with Ingram Library Services in the amount of $255,000 for Print Materials and Services for a new not-to-exceed (NTE) of $455,000; and Contract Amendment Number 1 to Contract C21177635C with Midwest Tape in the amount of $53,000 for Media and Digital Materials and Services for a new not-to-exceed (NTE) of $753,000; CEQA Status – Not a Project. 6. Approval of 1) Amendment No. 8 to Contract No. C16163034A with Cumming Management Group, Inc. to Add $208,528, Increasing the Not-to-Exceed Amount to $10,683,771, for Additional Construction Management Services; 2) Professional Services Contract No. S26195542 with 4Leaf, Inc. in the Amount of $150,579 to Provide Inspector of Record Services; and 3) Amendment to the Fiscal Year 2026 Budget Appropriation for the Capital Improvement Fund to Support the New Public Safety Building Capital Improvement Program Project (PE-15001); CEQA Status - Environmental Impact Report for the New Public Safety Building and New California Avenue Area Parking Garage (Resolution No. 9772) 7. Approval of the Third Amended and Restated Purchase Order Number 4521000199 with Altec Industries, Inc., to Increase the Purchase Order Amount by $365,983 to a New Not-to-Exceed Amount of $1,073,075, including a Contingency Amount of $51,099, for the Purchase of Two 2025 Peterbilt 548 Hydraulic Digger Derricks; and Amend the FY DRAFT ACTION MINUTES Page 3 of 6 City Council Meeting Draft Action Minutes: 09/15/2025 2026 Budget in the Vehicle Replacement and Maintenance Fund and the Electric Fund; CEQA Status – Exempt, Not a Project 8. FIRST READING: Adoption of Four Ordinances, as Recommended by the Retail Committee, to Amend and Reorganize Stormwater and Wastewater Management Requirements by Amending PAMC Chapter 16.09 (Sewer Use Ordinance), Amending Chapter 16.11 (Stormwater Pollution Prevention), Adding New Chapter 16.13 (Requirements for Food Facilities Related to Water Pollution Prevention and Management of Fats, Oils, and Grease), and Adding New Chapter 16.66 (Hauled Liquid Waste); Adoption of Two Resolutions Establishing Regulations to Implement PAMC Chapters 16.11 and 16.13; Adoption of a Resolution Amending and Restating the Administrative Penalty Schedule and Civil Penalty Schedules for Certain Violations of the PAMC; CEQA Status – Exempt under CEQA Guidelines Section 15308 9. QUASI-JUDICIAL. 400 Mitchell Lane [25PLN-00006]: Recommendation From the Planning and Transportation Commission to Uphold the Director’s Decision to Approve a Conditional Use Permit Allowing a Private University Educational Use Within an Existing Building. CEQA Status: Exempt in accordance with CEQA Guidelines Section 15301 (Existing Facilities). Zone District: PF. City Manager Comments Ed Shikada, City Manager Action Items 10. Approval of a Director’s Interpretation Pursuant to PAMC Section 18.01.025 Concluding That Noncomplying Residential Gross Floor Area may not be Relocated Within a Structure; Denial of the Associated Appeal; Direction to Prepare a Future Code Amendment for Administrative De Minimis Exceptions to the Zoning Code; CEQA: Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) ORGINAL MOTION: Councilmember Lu moved, seconded by Councilmember Burt to: 1. Do not uphold the Director of Planning and Development Services’ formal interpretation dated May 8, 2025, concluding that noncomplying residential gross floor area may not be removed and restored elsewhere on the property pursuant to Palo Alto Municipal Code (PAMC) Chapter 18.70, approving the associated appeal; and, 2. Direct staff to not to prepare a text amendment authorizing the Director of Planning and Development Services to consider or approve de minimis exceptions from noncomplying DRAFT ACTION MINUTES Page 4 of 6 City Council Meeting Draft Action Minutes: 09/15/2025 facility regulations and similar minor adjustments that are not impactful to adjacent properties or public realm for residential properties. COUNCILMEMBER BURT WITHDREW HIS SECOND TO THE ORGINAL MOTION MOTION: Councilmember Lu moved, seconded by Councilmember Burt to: 1. Do not uphold the Director of Planning and Development Services’ formal interpretation dated May 8, 2025, concluding that noncomplying residential gross floor area may not be removed and restored elsewhere on the property pursuant to Palo Alto Municipal Code (PAMC) Chapter 18.70, approving the associated appeal; and, 2. Direct staff to prepare a text amendment authorizing the Director of Planning and Development Services to consider or approve de minimis exceptions from noncomplying facility regulations and similar minor adjustments that are not impactful to adjacent properties or public realm for residential properties. MOTION FAILED: 3-4, Lauing, Stone, Veenker, Reckdahl no MOTION: Mayor Lauing moved, seconded by Vice Mayor Veenker to 1. Uphold the Director of Planning and Development Services’ formal interpretation dated May 8, 2025, concluding that noncomplying residential gross floor area may not be removed and restored elsewhere on the property pursuant to Palo Alto Municipal Code (PAMC) Chapter 18.70, denying the associated appeal; and, 2. Direct staff to prepare a text amendment within 6-months authorizing the Director of Planning and Development Services to consider or approve de minimis exceptions from noncomplying facility regulations and similar minor adjustments that are not impactful to adjacent properties or public realm for residential properties. AMENDMENTS INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER MOTION PASSED: 6-0-1, Lu abstained 11. Approval of a Third Phase Agreement with Northern California Power Agency for the Purchase of Battery Energy Storage Capacity from Trolley Pass Project LLC, over a Term of up to 20 Years for a Total Not to Exceed Amount of $161.7 Million; CEQA status: not a project under CEQA Guidelines sections 15378(a), (b)(5) DRAFT ACTION MINUTES Page 5 of 6 City Council Meeting Draft Action Minutes: 09/15/2025 MOTION: Vice Mayor Veenker moved, seconded by Councilmember Burt to: 1. Authorize the City Manager, or their designee, to execute a Third Phase Agreement (Attachment A) with the Northern California Power Agency (NCPA) to purchase the output of a 50-megawatt (MW) share of a grid-connected battery energy storage system (BESS) owned by Trolley Pass Project LLC, a subsidiary of Aypa Power Development (Aypa), over a period of 20 years, at a total cost not to exceed $161.7 million; 2. Authorize the City Manager, or their designee, to execute on behalf of the City all related documents or agreements necessary to administer the Third Phase Agreement that are consistent with the Palo Alto Municipal Code and City Council-approved policies, including, but not limited to, collateral assignment agreements; and take any and all actions as are necessary or advisable to implement and administer the Third Phase Agreement; and, 3. Authorize the City Manager, or their designee, to approve and execute amendments to the Third Phase Agreement, as may be required from time to time, so long as the contract price and length of the agreement remain unchanged. MOTION PASSED: 7-0 12. Designation of Voting Delegate and Alternate for the League of California Cities Annual 2025 Conference, to be held October 8-10, 2025, in Long Beach, California MOTION: Mayor Lauing moved, seconded by Councilmember Lythcott-Haims to designate Vice Mayor Veenker as the voting delegate for the 2025 League of California Cities Annual Conference. MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 9:49 P.M. DRAFT ACTION MINUTES Page 6 of 6 City Council Meeting Draft Action Minutes: 09/15/2025 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.