Agenda packet — Palo Alto City Council, June 17, 2024 (part 1 of 7)

CITY COUNCIL
Special Meeting
Monday, June 17, 2024
Council Chambers & Hybrid
4:00 PM
Amended Agenda
Amended agenda items appear below in RED
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda.

Masks are strongly encouraged if attending in person. 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] g 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 (4:00 ‐ 4:35 PM)

1. Proclamation June 2024 as LGBTQIA+ Pride Month

2. Proclamations Recognizing Departing Boards and Commissions Commissioners

3. Review List of Applications for Historic Resources Board Vacancies and Provide Direction for Interviews
CLOSED SESSION (4:35 ‐ 6:05 PM)

4. CONFERENCE WITH CITY ATTORNEY‐ EXISTING LITIGATION
Subject: Eric Figueroa, et al. v. City of Palo Alto
Santa Clara County Superior Court Case No. 21‐CV‐383740 (One Case, as Defendant) Authority: Government Code Section 54956.9(d)(1)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:05 ‐ 6:35 PM)
Members of the public may speak inperson ONLY to any item NOT on the agenda. 13 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 (6:35 ‐ 6:40 PM) Members of the public may not speak to the item(s).

CONSENT CALENDAR (6:40 ‐ 6:45 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

5. Adoption of Fiscal Year 2025 Investment Policy as Recommended by the Finance Committee

6. Utilities Advisory Commission Recommends Adoption of the 2024 Annual Water Shortage Assessment Report

7. CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 411 Kipling Street From a Category 4 Resource on the Local Historic Inventory to a Category 2 Resource.

8. CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 271 University Avenue From a Category 3 Resource on the Local Historic Inventory to a Category 2 Resource.

9. Approval of Construction Contract C24190748 with Ross Recreation Equipment Company Inc. in the Amount of $305,600 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $30,600 for the Ramos Park Improvements, Capital Improvement Program Project PG‐14000; CEQA Status—Exempt Under CEQA Guidelines Section 15301

10. QUASI‐JUDICIAL. 420 Acacia: Final Map and Street Naming [24PLN‐00027]: Request for a Final Map to Subdivide a 35,573 Square Foot Parcel Having Split Zoning Designations (R‐1 and RM‐30) for Condominium Purposes (16 Residential Units). Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In‐fill Development).

11. Approval of Contract Amendment Number 1 to Contract C24189570 with Downtown Streets Team in the Amount of $548,958 to Combine Contracts to Increase Operational Efficiency for a Revised Total Not‐to‐Exceed Amount of $1.1 Million Over Three Years ; CEQA Status: Not a Project

12. Approval of Construction Contract Number C24190081 with Marina Landscape, Inc. in the Amount Not‐to‐exceed $338,459 for Dog Park Installation and Renovation Project PG‐18001; and Authorization of Contract Contingency in an Amount Not‐to‐Exceed $50,769 for Related, Additional but Unforeseen Work Which May Develop During the Project; and Amend the FY2024 Budget in the Capital Improvement Fund (2/3 vote required); CEQA status – categorically exempt.

13. Approval of Contract Amendment Number 1 to Contract Number S24189598 with Good City Company in the Amount of $18,120 for a Stream Corridor Protection Ordinance Update; the Total not‐to‐exceed Amount of the Contract is $92,293. CEQA Status:

Exempt Pursuant to CEQA Guidelines 15061(b)(3).

14. Authorization for the Mayor to sign a 3‐Year Friendship Cities Agreement with Narok, Kenya

15. Approval of a Funding Agreement with Federal Railroad Administration to Receive $6 Million for the Preliminary Engineering and Environmental Documentation Phase for the Grade Separation Projects at Churchill Avenue, Meadow Drive, and Charleston Road crossings. CEQA status – statutorily exempt per CEQA section 15262; this funding agreement will partially fund CEQA/NEPA review of the grade separation projects. Supplemental Report added

16. Adopt a Resolution to Allow Consumption of Alcohol under PAMC section 9.04.010 on California Avenue in Conjunction with the 3rd Thursday Event

17. Approval of 1) Increase of Construction Contingency for Contract No. C21178123B with Swinerton Builders in the Amount of $1,000,000; 2) Contract Amendment No. 4 for Contract No. S20176170 with Romig Engineers, Inc. in the Amount of $21,786 and to Extend the Contract Term; 3) Increase of Contingency for Purchase Order with Pivot Interiors Inc. in the Amount of $23,440; and 4) Authorization for the City Manager to Execute a General Services Contract for Moving Services in an Amount of up to $250,000 for the New Public Safety Building Capital Project (PE‐15001); CEQA ‐ Environmental Impact Report for the New Public Safety Building and New California Avenue Area Parking Garage (Resolution No. 9772)

18. Approval of Contracts with US Bank and its Wholly Owned Subsidiary Elavon for General Banking, Safekeeping (Custodial), and Merchant Services for a Period of Five Years; and Approval of Contract with Wells Fargo for Lockbox Services for a Period of One Year; CEQA Status: Not a Project.

19. Authorization for the City Manager or Designee to Negotiate and Execute a Line of Credit totaling $31 Million to Address Regional Wastewater Treatment Fund Cashflow as Recommended by the Finance Committee; CEQA Status – Not a Project Supplemental Report added

20. Resolution to Vacate Portions of Three Public Service Easements at 1700 Embarcadero Road

21. Approval of an Extension to Building Permit 18000‐00536 for 429 University Ave; CEQA status – Mitigated Negative Declaration (ENV20718).

22. SECOND READING: Adoption of an Ordinance extending the Term of Ordinance No. 5517 by an Additional 12 Months from June 16, 2024 to June 30, 2025. 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: June 3, 2024 PASSED 7‐0)

23. SECOND READING: Ordinance Amending Chapter 16.14 (California Green Building Standards, California Code of Regulations, Title 24, Part 11) of the Palo Alto Municipal Code to Adopt the 2022 Green Building Standards Code, Along With Local Modifications Related to Electrical Vehicle Charging Infrastructure Requirements and Building Electrification Requirements and an Ordinance Amending Chapter 16.17 (California Energy Code, California Code of Regulations, Title 24, Part 6) of the Palo Alto Municipal Code to Adopt the 2022 California Energy Code, Along with Local Modifications to Increase Energy Efficiency Standards for Buildings, Mandate Electric‐Ready Requirements and Incentivize All‐Electric New Construction. CEQA Status: Exempt under CEQA Guidelines Sections 15308 and 15061(b)(3) (FIRST READING: June 3, 2024 PASSED 6‐1, Tanaka no and 7‐0)

24. Adoption of a Resolution Approving an Initial Study/Mitigated Negative Declaration for Citywide Implementation of Fiber‐to‐the‐Premises Project (FTTP), Including the Mitigation, Monitoring and Reporting Program; Approval of Purchase Order No. 4524000496 With Thermo Bond Buildings in an Amount Not to Exceed of $339,076 for the Design, Build and Delivery of a Modular Building “Fiber Hut“; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders in the Amount Not‐to‐Exceed of $31,384 for Related Additional but Unforeseen Work That may Develop During the Project, for a Total Not‐to‐Exceed Amount of $370,460 with Thermo Bond Buildings.

25. Approval of a Professional Services Contract Number C24188127 with Telecommunications Engineering Associates (TEA) in an Amount Not to Exceed $834,882 for Public Safety Radio Network Maintenance and Construction for a Period of Five (5) Years; CEQA Status: Not a Project

26. Approval of Assignment and Assumption Agreement to transfer Baker Tilly US LLP’s contract to Baker Tilly Advisory Group, LP; CEQA – Not a Project

27. Approval of: (1) Contract No. C24187724 with LensLock, Inc (Lenslock) for replacement of the police public contact audio/video system for a five (5) year term in an amount not to exceed $1,128,225; and (2) Police Audio/Video Technology Surveillance Use Policy; CEQA status – categorically exempt. Item Removed Off Agenda and Placed on June 18, 2024 City Council Meeting.

AA1. Adopt an Ordinance and Resolution Extending the Interim Parklet Program to the Car‐ Free Portion of Ramona Street through March 2025; CEQA status ‐ categorically exempt New Item added
CITY MANAGER COMMENTS (6:45 ‐ 7:00 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 28: 7:15 ‐ 8:30 PM, Item 29: 8:30 ‐ 9:15 PM, Item 30: 9:15 ‐ 10:00 PM, Item 31: 10:00 ‐ 11:00 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.

28. PUBLIC HEARING: Adoption of Budget Ordinance for Fiscal Year 2025, Including the Operating and Capital Budgets and Municipal Fee Schedule; Adoption of a Resolution determining the Appropriations Limit for Fiscal Year 2025; Acceptance of Updates to the Retiree Healthcare Actuarial Report; and Approval of Contributions for Retiree Healthcare Benefits

29. PUBLIC HEARING & PROPOSITION 218 HEARING: Finance Committee Recommends Adoption of Six Resolutions: 1) Approving the Fiscal Year 2025 Wastewater Collection Utility Financial Plan, Including Approval of a Short‐Term Loan From the Fiber Optics Fund Reserve to the Wastewater Collection Fund Operations Reserve for Fiscal Year 2024, and Amending Wastewater Collection Rate Schedules S‐1, S‐2, S‐6 and S‐7; 2) Approving the Fiscal Year 2025 Water Utility Financial Plan, and Amending Water Rate Schedules W‐1, W‐2, W‐3, W‐4, and W‐7; 3) Approving the Fiscal Year 2025 Gas Utility Financial Plan, and Amending Gas Rate Schedules G‐1, G‐2, G‐3 and G‐10; 4) Approving the Fiscal Year 2025 Electric Utility Financial Plan and Accepting the 2024 City of Palo Alto Electric Cost of Service and Rate Study, and Amending Electric Rate Schedules E‐1, E‐2, E‐4, E‐4 TOU, E‐7, E‐7 TOU, E‐14, E‐EEC‐1, E‐NSE‐1, E‐2‐G, E‐4‐G and E‐7‐G; 5) Amending Utility Rate Schedules EDF‐1 and EDF‐2 to Increase Dark Fiber Rates 2.6 Percent; 6) Amending Utility Rate Schedule D‐1 Increasing the Storm Water Management Fee by 2.6 Percent per Month per Equivalent Residential Unit for FY 2025; CEQA Status: Not a project under CEQA Guidelines Sections 15378(b)(4) and (5) and Exempt Under Section 15273(a)

30. Approve Retention of the Current Western Area Power Administration (WAPA) Hydroelectricity Base Resource Contract Allocation From 2025‐2030; CEQA Status: Not a Project.

31. Discussion Regarding Caltrans’ Repaving Project on El Camino Real Replacing Existing Parking with Bicycle Lanes, Authority for Staff to Make Adjustments to the Residential Preferential Parking Permit Programs and Return to Council on Consent if Needed, Authority for Staff to Enter into Agreements As Needed to Provide Temporary Safe Parking Along the Corridor in Palo Alto, and Approval of a Resolution Supporting the Removal of On‐Street Parking for this Project; CEQA status – categorically exempt.

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.

32. Informational Report on the Public Art Commission Presentation to Policy & Services Committee May 14, 2024

33. Sales Tax Digest Summary, Calendar Year 2023 Q4 (October 2023‐December 2023)

34. Establishment of Community Advisory Group for Downtown Housing Plan. CEQA Status ‐ ‐ Not a Project.
OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee June 18, 2024  CANCELED
Finance Committee June 18, 2024  CANCELED
Retail Committee June 19, 2024  CANCELED
City/Schools Liaison Committee June 20, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS

15. SUPPLEMENTAL REPORT: Approval of a Funding Agreement with Federal Railroad Administration to Receive $6 Million for the Preliminary Engineering and Environmental Documentation Phase for the Grade Separation Projects at Churchill Avenue, Meadow Drive, and Charleston Road crossings. CEQA status – statutorily exempt per CEQA section 15262; this funding agreement will partially fund CEQA/NEPA review of the grade separation projects. Supplemental Report added

19. SUPPLEMENTAL REPORT: Authorization for the City Manager or Designee to Negotiate and Execute a Line of Credit totaling $31 Million to Address Regional Wastewater Treatment Fund Cashflow as Recommended by the Finance Committee; CEQA Status – Not a Project Supplemental Report added AA1. Adopt an Ordinance and Resolution Extending the Interim Parklet Program to the Car‐Free Portion of Ramona Street through March 2025; CEQA status ‐ categorically exempt New Item added

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.

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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.

1 June 17, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.