Agenda packet — Palo Alto City Council, October 7, 2024 (part 1 of 3)

CITY COUNCIL
Regular Meeting
Monday, October 07, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Vice Mayor Ed Lauing Remote Call In Location: 376 Apple Avenue, Sedona, Arizona 86336
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 ‐ 5:35 PM)

1. Signing of a Friendship City Agreement between the City of Palo Alto and Narok, Kenya in Celebration of Palo Alto‘s First Friendship City Item Removed Off Agenda

2. Resolution Expressing Appreciation to Amy French Upon Her Retirement CLOSED SESSION (5:35 ‐ 7:35 PM)

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Clerk

4. CONFERENCE WITH LABOR NEGOTIATORS
Authority: Cal. Gov. Code section 54957.6;
Agency representative: Dan Rich, MRG;
Unrepresented Employees: City Attorney, City Clerk and City Manager

5. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION
Subject: Potential litigation regarding 10 pending development applications that are inconsistent with the City's zoning code and/or Comprehensive Plan land use designations, which the
applicants have asserted the City cannot disapprove under Government Code 65589.5(d) (5)
Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2) 10 cases, as Defendant. Item Removed Off Agenda
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (7:35 ‐ 8:05 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.

Council reserves the right to limit the duration of Oral Communications period to 30 minutes.

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (8:05 ‐ 8:10 PM) Members of the public may not speak to the item(s).

CONSENT CALENDAR (8:10 ‐ 8:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

6. Approval of Minutes from September 16, 2024 and September 23, 2024 Meetings

7. Approval of Dark Fiber License Agreement No. S24189080 with Adobe Creek Networks to Build and License Dark Fiber in the Foothills, and Approval of a Fiscal Year 2025 Budget Amendment in the Fiber Fund; CEQA Status – Exempt under CEQA Guidelines Section 15301 and 15303.

8. Adopt a Resolution Amending 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) to Raise the Upper Limit on the Monthly Transportation Charge; CEQA Status: Exempt Under Public Resources Code 15273(a)

9. Authorize the City Manager or their Designee to Exercise the Option to Renew the Lease Between the City of Palo Alto and Steve Nash and Dennis Ryan for 4 Months at 975 Terra Bella Ave in Mountain View at a Monthly Rent of $35,587.95 for a Total Not‐to‐Exceed of $213,527.70 through February 28, 2025; Direct Staff to Explore Purchase of Property to Meet the Future Needs of Grid Modernization and Other Capital Projects; and Approval of an Amendment to Fiscal Year 2025 Budget Appropriation in the Electric Fund; CEQA Status – Categorically Exempt; Sec. 15301.

10. Approval of Two Purchase Orders, 4525000111 and S25192604 with ePlus Technology Inc. to procure Data Center Equipment and Implementation for Fiber‐to‐the‐Premises for a Three‐Year Term with an Amount Not‐To‐Exceed $543,134; CEQA Status – Mitigated Negative Declaration Approved June 2024.

11. Adoption of a Resolution to Authorize the Acceptance of Electronic Government Claims

12. Approval of Contract Amendment Number 1 to Contract Number S24191026 with the Palo Alto Chamber of Commerce to Increase the not‐to‐exceed Amount by $40,000 to Provide Support for the 3rdThursday California Avenue Events (to a new total NTE of $95,000); CEQA status ‐ Not a Project

13. Adopt a Resolution to Amend Palo Alto's Baylands Priority Conservation Area to Conform to New Planning Criteria. CEQA: Not a ‘Project’ and is Exempt from CEQA Review.

14. Adopt a Resolution Approving a Local Hazard Mitigation Plan Volume I and II and Adopt the LHMP into the City‘s 2030 Comprehensive Plan Safety Element; CEQA status ‐ Resolution 9720, no additional environmental review required.

15. Approval of Amendment via Change Order to Contract Number C22183580 with MP Nexlevel of California, Inc. in the Amount of $1,650,000 for the Fiber‐to‐the‐Premise (FTTP) Pilot Project inclusive of $150,000 in contingency funding for a Revised Total Not‐to‐Exceed Amount of $11,347,390 From March 21, 2022 Through April 30, 2025; Authorize the City Manager to Execute Change Orders Not‐to‐Exceed $150,000 for FTTP ; CEQA Status – Council action on this item is within the scope of the Final Initial Study and Mitigated Negative Declaration (IS/MND) for the Fiber‐to‐the‐Premises Project, adopted on June 17, 2024.

16. Approve Task Order 4.28 Dispatch Center Assessment as Recommended by the Policy & Services Committee; Direct Additional Dispatch Center Work Discussed by Policy & Services Committee Members be Considered When Reviewing the Proposed FY25 Audit Plan; and Grant Authority to the City Manager to Execute any Necessary Privacy‐Related Agreements to Implement this Audit; CEQA status – not a project.

CITY MANAGER COMMENTS (8:15 ‐ 8:30 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 17: 8:45 ‐ 9:30 PM, Item AA1: 9:30 ‐ 10:00 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.

17. Approval of FY 2025 Parks and Recreation Commission and Public Art Commission Workplans; CEQA status – not a project
AA1. Authorize Execution of a Memorandum of Understanding with the Palo Alto Unified School District for the Purchase and Lease of Land at 4000 Middlefield Road, Informally Known as the Cubberley Site; CEQA Status– Not a Project New Item Added

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.

18. Fiscal Year 2024 Significant Gifts and Donations to the City of Palo Alto

19. City of Palo Alto Monthly Investment Activity Report August 2024 (Unaudited) OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee October 8, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS

1. Signing of a Friendship City Agreement between the City of Palo Alto and Narok, Kenya in Celebration of Palo Alto‘s First Friendship City Item Removed Off Agenda

5. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION
Subject: Potential litigation regarding 10 pending development applications that are inconsistent with the City's zoning code and/or Comprehensive Plan land use designations, which the
applicants have asserted the City cannot disapprove under Government Code 65589.5(d) (5)
Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2) 10 cases, as Defendant. Item Removed Off Agenda
AA1. Authorize Execution of a Memorandum of Understanding with the Palo Alto Unified School District for the Purchase and Lease of Land at 4000 Middlefield Road, Informally Known as the Cubberley Site; CEQA Status– Not a Project 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.

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.

1 October 07, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.