Meeting
CITY COUNCIL
Regular Meeting

Monday, September 09, 2024
Council Chambers & Hybrid
5:30 PM
 
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.

VIRTUAL PARTICIPATION  CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)   
Meeting ID: 362 027 238    Phone:1(669)900-6833

 
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.


PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the  Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.

Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.

TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
 
CALL TO ORDER
 
SPECIAL ORDERS OF THE DAY (5:30 - 5:40 PM)
 
1.
Proclamation Honoring SMART Week - August 26-30, 2024
AGENDA CHANGES, ADDITIONS AND DELETIONS
 
PUBLIC COMMENT (5:40 - 6:10 PM)
Members of the public may speak in-person ONLY to any item NOT on the agenda. 1-3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.

 
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 - 6:15 PM)
Members of the public may not speak to the item(s).

 
CONSENT CALENDAR (6:15 - 6:20 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

 
3.
Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount of Greenhouse Gas Allowances in the California Cap-and-Trade Auction to Satisfy the City's Gas Utility Compliance Obligations to an Amount Not-to-Exceed of $6,000,000 per Year; CEQA Status: Not a Project Consent Questions
4.
CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 431-433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the Local Historic Inventory.
5.
Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for a Total Not-to-Exceed Amount of $478,041 to Purchase two (2) Portable Power Generators for Water Pump Stations in the Amount of $458,031; and Authorize the City Manager or Their Designee to Negotiate and Execute Change Orders in the Amount of $20,000 for Related Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA Guidelines Section 15301 (Minor Alteration of Existing Facilities) Consent Questions
6.
Approval of Professional Services Contract C25192226 with Magical Bridge Foundation in an Amount Not-to Exceed $150,000 to Provide Recreational Programming (“Magical Services”) for a Term of One Year; CEQA Status – Not a project.
7.
Approval of Professional Services Contract Number C25191297 with Kittelson & Associates for a Not-to-Exceed Amount of $499,491 for the Bicycle and Pedestrian Railroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two-Years; CEQA Status – categorically exempt. Consent Questions, Public Comment
8.
Approval of the Updated City Council Procedures and Protocols Handbook Amendments as Directed by City Council on May 13 and May 20, 2024
9.
Approval of Contract Amendment No. 4 to Contract Number C19170648 with Salas O'Brien Engineers, Inc., for Professional Design Services, to Add Services and Increase Compensation by $99,200 for a New Not-to-Exceed Amount of $659,597, and to Extend the Schedule for Performance Through December 31, 2026, for the 12kV Electrical Distribution Network Rehabilitation Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital Improvement Program Project (WQ-19002); CEQA Status – Exempt Under Section 15301
10.
Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLC in the Amount of $499,530 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not-to-Exceed Amount of $49,953 for Site Work for the Cubberley Field Restroom (CB-17002) and Cubberley Repairs (CB-17001) Projects; CEQA status – Exempt Under CEQA Guidelines Section 15303 Consent Questions
11.
Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizing an OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature software for a One-Year Term Not-To-Exceed Amount of $125,965. CEQA: Not a project
12.
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRST READING: August 12, 2024 PASSED 7-0)
13.
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED 7-0)
CITY MANAGER COMMENTS (6:20 - 6:35 PM)
 
BREAK (15 MINUTES)
 
CLOSED SESSION (6:50 - 10:30 PM)
 
14.
CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION
In the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina)
Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, as Appellant)
Authority: Government Code Section 54956.9(d)(1)

 
15.
CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Potential litigation regarding refund of parking in-lieu fees paid by Hamilton Real, LLC in connection with development of 240-248 Hamilton Avenue, as set forth in letter dated
May 15, 2024 from David Lanferman, Esq.
Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)
One Case, as Defendant

 
16.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8.
Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)
Negotiating Party: Palo Alto Unified School District
City Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai)
Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment

 
17.
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, Nick Raisch, Tori
Post, Molly Stump, and Jennifer Fine) Employee Organization: International Association of
Fire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Association of Palo Alto (POPOA), Police Management Association (PMA); Authority: Government Code
Section 54957.6 (a)

 
ADJOURNMENT
 
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

 
19.
City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited)
OTHER INFORMATION

Standing Committee Meetings this week
       
    Policy & Services Committee September 10, 2024


    
Public Comment Letters

Schedule of Meetings


 
 
 
PUBLIC COMMENT INSTRUCTIONS

Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
  1. Written public comments may be submitted by email to [email protected].
  2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
  3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom-based meeting. Please read the following instructions carefully.
    • You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
    • You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
    • When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
    • When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
  4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN    Meeting ID: 362-027-238   Phone: 1-669-900-6833

Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.

California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.