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Home My WebLink About2020-01-13 City Council Agenda Packet City Council 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Monday, January 13, 2020 Regular Meeting Council Chambers 6:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 4 days preceding this meeting. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. Public comment may be addressed to the full City Council via email at City.Council@cityofpaloalto.org. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. 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. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Agenda Changes, Additions and Deletions Oral Communications 6:00-6:15 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 6:15-6:20 PM 1. Approval of Action Minutes for the December 9 and 16, 2019 and January 6, 2020 Council Meetings Consent Calendar 6:20-6:25 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 2. Adoption of a Park Improvement Ordinance for Renovations and new Amenities at Rinconada Park as Recommended by the Parks and Recreation Commission 2 January 13, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 3.Approval of an Exemption From Competitive Solicitation and Approval of Amendment Number 1 to Contract Number C20176003 With Universal Semiconductor Inc. d/b/a Universal Security Company for Security Guard Services, Increasing Maximum Compensation by $425,062 to add These Services at the Regional Water Quality Control Plant, for a Total Not-to-Exceed Amount of $897,344 4.Policy and Services Committee Recommends the City Council Approve the 2020 Legislative Guidelines and Updated Advocacy Manual 5.Adoption of a Park Improvement Ordinance for Installation of Electric Utility Equipment at Peers Park as Recommended by the Parks and Recreation Commission 6.Authorize and Approve an Additional $10.5 Million Loan From the Housing In-lieu and Impact Fee Funds for a Total City Contribution of $20.5 Million for the Development of the 100 Percent Affordable Housing Project at 3705 El Camino Real (Wilton Court); and Approve Budget Amendments in the Residential Housing In-lieu Fund, the Commercial Housing Fund, and the Residential Impact Fee Fund City Manager Comments 6:25-6:35 PM Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 6:35-6:50 PM 7.PUBLIC HEARING: Objections to Weed Abatement and Adoption of Resolution Ordering Weed Nuisance Abated 6:50-8:00 PM 8.PUBLIC HEARING: Adoption of an Interim Urgency Ordinance to Implement State Legislation Effective January 2020 Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units Amending Palo Alto Municipal Code Title 18 (Zoning) Section 18.04.030 of Chapter 18.04 (Definitions), and Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42 (Standards for Special Uses). Environmental Assessment: Exempt From Review Under the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Sections 15061(b)(3), 15282(h), 15301, 15302, and 15305 8:00-9:00 PM 9.PUBLIC HEARING: Adoption of Resolutions Establishing a new Priority Development Area (PDA) in Downtown/University Avenue and new Priority Conservation Areas (PCA) in Baylands and Foothills With At Places Memo 3 January 13, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Proposed or Modified Boundaries; and Consideration of Planning and Transportation Commission's Recommendation for a PDA Designation Along El Camino Real and Other Eligible Areas Citywide. The Application for PDAs and PCAs and the Accompanying Resolution(s) are not a ‘Project’ as Defined by the California Environmental Quality Act (CEQA) and is Exempted From CEQA Review 9:00-10:00 PM 10. PUBLIC HEARING: Adoption of an Interim Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Temporarily Allow Overnight Safe Parking on Sites in all Zoning Districts With a Church or Religious Institution, Establishing Related Regulations, and Finding the Ordinance Exempt From the California Environmental Quality Act (CEQA) Under Guidelines Section 15301 State/Federal Legislation Update/Action Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. 4 January 13, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Report to the City Council on Accessory Dwelling Unit/Junior Accessory Dwelling Unit Development Activity for Second and Third Quarters 2019 Public Letters to Council Set 1 CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 13, 2020 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the December 9 and 16, 2019 and January 6, 2020 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 12-09-19 DRAFT Action Minutes (DOCX) • Attachment B: 12-16-19 DRAFT Action Minutes (PDF) • Attachment C: 01-06-20 DRAFT Action Minutes (PDF) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting December 9, 2019 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:06 P.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Absent: Special Orders of the Day 1. Proclamation Honoring Donatus "Dee" Okhomina. 2. Proclamation Honoring Project Safety Net's 10 Year Anniversary. Rail Communications Update 3. Rail Grade Separation Updates: Report and Possible Direction on Communications and Community Engagement and Previously Proposed Rail Blue Ribbon Commission, and Verbal Update From the Expanded Community Advisory Panel (XCAP). Council took a break at 5:58 P.M. and returned at 6:03 P.M. AT THIS TIME COUNCIL TOOK UP AGENDA ITEM NUMBER 4. Study Session 4. Study Session With Santa Clara County Supervisor Joe Simitian. AT THIS TIME COUNCIL RESUMED DISCUSSION ON AGENDA ITEM NUMBER 3. Rail Communications Update 3. Rail Grade Separation Updates: Report and Possible Direction on Communications and Community Engagement and Previously Proposed Rail Blue Ribbon Commission, and Verbal Update From the Expanded Community Advisory Panel (XCAP). DRAFT ACTION MINUTES Page 2 of 5 City Council Meeting Draft Action Minutes: 12/09/2019 MOTION: Vice Mayor Fine moved, seconded by Council Member Cormack to eliminate consideration of the Rail Blue Ribbon Commission (RBRC). MOTION PASSED: 7-0 Council took a break at 7:40 P.M. and returned at 7:48 P.M. Consent Calendar Council Member Kniss advised she would not be participating in Agenda Item Number 8A due to owning an apartment property. Council Member Tanaka registered a no vote on Agenda Item Number 6. MOTION: Council Member DuBois moved, seconded by Council Member Kou to approve Agenda Item Numbers 4-8A. 5. Approval of a License Agreement With PTI US Towers II, LLC for Continued Operation of Telecommunications Facilities on a City-owned Property Located at 2675 Hanover Street. 6. Approval of Amendment Number 2 to Contract Number S16161854 With Tandem Creative Inc. for Graphic Design and Public Outreach Services to Extend the Contract Term With no Increase in Maximum Compensation. 7. Approval of Amendment Number 2 to the Agreement With Palo Alto Unified School District (PAUSD) for PAUSD Athletic Field Brokering and Maintenance Cost-sharing to Extend the Term to December 2021 With an Optional Mutual Extension for an Additional Two Years. 8. Approval of an Agreement With the Peninsula Corridor Joint Powers Board in the Amount of $112,176 for the 2020 Caltrain Go Pass Program. 8A. Colleagues’ Memo From Council Members DuBois and Kou Regarding Potential Adoption of an Urgency Ordinance to Provide Just Cause Eviction Protections to Tenants Until California State Assembly Bill 1482 Takes Effect on January 1, 2020 (Continued From December 2, 2019). MOTION PASSED FOR AGENDA ITEM NUMBER 5, 7, and 8: 7-0 MOTION PASSED FOR AGENDA ITEM NUMBERS 6: 6-1 Tanaka no MOTION PASSED FOR AGENDA ITEM NUMBER 8A: 6-0 Kniss recused DRAFT ACTION MINUTES Page 3 of 5 City Council Meeting Draft Action Minutes: 12/09/2019 Action Items 9. Council Direction on Scope of Review for Procedures and Protocols Related to Boards and Commissions. MOTION: Council Member DuBois moved, seconded by Mayor Filseth to direct the ad-hoc committee to work with Staff on the issues listed in the Staff Report, including additional items raised by Council, for processes from recruitment through serving and working with Council. MOTION PASSED: 5-2 Kniss, Tanaka no 10. Colleagues’ Memo From Council Members Cormack, Fine, and Tanaka Regarding Anti-vaping Measures. MOTION: Council Member Tanaka moved, seconded by Council Member Cormack to direct Staff to return to Council with the following: A. An ordinance prohibiting the sale and distribution of all electronic cigarettes, in alignment with the County of Santa Clara’s recent approach, with as few exemptions as possible; B. Avenues identified to support legislation making it harder for minors to successfully order electronic cigarette products online (e.g. needing a signature of a 21-year-old at delivery); C. An update on the County’s recent enforcement activities of the existing Tobacco Retail Permit Ordinance; and D. Suggested funding as needed after the Community Meeting in January 2020. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion a new Part E to state, “investigate possible disincentives and/or fines for vaping in public”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to change Motion Part C to state, “provide a yearly update on the enforcement activities of the existing Tobacco Retail Permit Ordinance”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to change the language in the Motion Part A to state, “electronic cigarettes and flavored tobacco products…”. DRAFT ACTION MINUTES Page 4 of 5 City Council Meeting Draft Action Minutes: 12/09/2019 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion a new Part F to state, “work with PAUSD through the City/School Liaison Committee to reduce youth vaping”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion a new Part G to state, “recommend appropriate disposal methods and education for electronic cigarettes”. MOTION AS AMENDED RESTATED: Council Member Tanaka moved, seconded by Council Member Cormack to direct Staff return to Council with the following: A. An ordinance prohibiting the sale and distribution of all electronic cigarettes and flavored tobacco products, in alignment with the County of Santa Clara’s recent approach, with as few exemptions as possible; B. Avenues identified to support legislation making it harder for minors to successfully order electronic cigarette products online (e.g. needing a signature of a 21-year-old at delivery); C. A yearly update on the enforcement activities of the existing Tobacco Retail Permit Ordinance; D. Suggested funding as needed after a Community Meeting in January 2020; E. Investigative results of disincentives and/or fines for vaping in public; F. Work done with PAUSD through the City/School Liaison Committee to reduce youth vaping; and G. Recommendation of appropriate disposal methods and education for electronic cigarettes. MOTION AS AMENDED PASSED: 7-0 DRAFT ACTION MINUTES Page 5 of 5 City Council Meeting Draft Action Minutes: 12/09/2019 Closed Session 11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Properties: (1) 2416-2460 Park Boulevard (APN 124-29-002); and (2) 249-251 California Avenue (APN 124-29-007); Negotiating Parties: City of Palo Alto; and (1) Marthe Raymann, as Successor Trustee of The Alois and Marthe Raymann Trust Dated July 17,1991; and (2) Duca and Hanley Properties, Inc., a Corporation; City Negotiators: Ed Shikada, Monique le Conge Ziesenhenne, Brad Eggleston, Kiely Nose, and Sunny Tong Subject of Potential Negotiations: Price and Terms of Payment for Subsurface Easements Related to Construction of the Public Safety Building at 250 Sherman Avenue. MOTION: Council Member Cormack moved, seconded by Vice Mayor Fine to go into Closed Session. MOTION PASSED: 6-0 Kou absent Council went into Closed Session at 10:49 P.M. Council returned from Closed Session at 11:00 P.M. Mayor Filseth announced no reportable action. Adjournment: The meeting was adjourned at 11:01 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 8 Special Meeting December 16, 2019 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:01 P.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Absent: Closed Session 1. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Subject: California Department of Labor Standards and Enforcement Complaint Filed by Yuki Matsuura (DLSE Case No. RCI-CM-609984) Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2) (One Potential Case, as Defendant). MOTION: Council Member Cormack moved, seconded by Vice Mayor Fine to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:03 P.M. Council returned from Closed Session at 6:27 P.M. MOTION: Vice Mayor Fine moved, seconded by Council Member Cormack to continue Agenda Item Number 2, “Appointment of Three Candidates to the Historic Resources …” to the next meeting. MOTION PASSED: 5-0 Kniss, Kou absent Special Orders of the Day 2. Appointment of Three Candidates to the Historic Resources Board and Four Candidates to the Parks and Recreation Commission for Three-year Terms Ending December 15, 2022; and one Candidate to the Planning and Transportation Commission for a Four-year Term Ending December 15, 2023. AT THIS TIME COUNCIL WILL CONVENE TO A REGULAR MEETING DRAFT ACTION MINUTES Page 2 of 8 City Council Meeting Draft Action Minutes: 12/16/2019 MONDAY, DECEMBER 16, 2019 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:29 P.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Library Advisory Commission: Chang, Hagan, Moss, Vice Chair Murphy, Chair Wilson Absent: Special Orders of the Day A. Appointment of Three Candidates to the Historic Resources Board and Four Candidates to the Parks and Recreation Commission for Three-year Terms Ending December 15, 2022; and one Candidate to the Planning and Transportation Commission for a Four-year Term Ending December 15, 2023. First Round of voting for three positions on the Historic Resources Board with terms ending December 15, 2022. Voting For: David Bower Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Voting For: Valerie Driscoll Tanaka Voting For: Christian Pease Cormack, DuBois, Filseth, Fine, Kniss, Kou, Voting For: Deborah Shepherd Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Beth Minor, City Clerk announced that David Bower with 7 votes, Deborah Shephard with 7 votes, and Christian Pease with 6 votes were appointed to the Historic Resources Board. First Round of voting for four positions on the Parks and Recreation Commission with terms ending December 15, 2022. Voting For: Adrianne Chang Voting For: Jeff LaMere Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka DRAFT ACTION MINUTES Page 3 of 8 City Council Meeting Draft Action Minutes: 12/16/2019 Voting For: Ryan McCauley Cormack, Fine, Kniss, Tanaka Voting For: Jackie Olsen Cormack, DuBois, Filseth, Fine, Kniss, Kou, Voting For: Keith Reckdahl Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Voting For: Mark Robinson Voting For: Curtis Smolar Tanaka Voting For: Brent Yamashita DuBois, Filseth, Kou Beth Minor, City Clerk announced that Jeff LaMere with 7 votes, Keith Reckdahl with 7 votes, Jackie Olson with 6 votes, and Ryan McCauley with 4 votes were appointed to the Parks and Recreation Commission. First Round of voting for one position on the Planning and Transportation Commission with a term ending December 15, 2023. Voting For: Doug Burns Voting For: Rebecca Eisenberg Voting For: Angela Evans Kniss Voting For: Barton Hechtman Cormack, Fine, Tanaka Voting For: Karl Matzke Voting For: Randolph Tsien Voting For: Asher Waldfogel DuBois, Filseth, Kou Voting For: Christopher Kan Second Round of voting for one position on the Planning and Transportation Commission with a term ending December 15, 2023. Voting For: Doug Burns Voting For: Rebecca Eisenberg Voting For: Angela Evans Voting For: Barton Hechtman Cormack, Fine, Kniss, Tanaka DRAFT ACTION MINUTES Page 4 of 8 City Council Meeting Draft Action Minutes: 12/16/2019 Voting For: Karl Matzke Voting For: Randolph Tsien Voting For: Asher Waldfogel DuBois, Filseth, Tanaka Voting For: Christopher Kan Beth Minor, City Clerk announced that Barton Hechtman with 4 votes was appointed to the Planning and Transportation Commission. Study Session 3. Library Advisory Commission Study Session. NO ACTION TAKEN Agenda Changes, Additions and Deletions Mayor Filseth announced City Manager Comments will be heard after the Consent Calendar. Minutes Approval 4. Approval of Action Minutes for the December 2, 2019 Council Meeting. MOTION: Mayor Filseth moved, seconded by Council Member Cormack to approve the Action Minutes for the December 2, 2019 Council Meeting. MOTION PASSED: 7-0 Consent Calendar Council Member Kou registered a no vote on Agenda Item Number 13A. Council Member Tanaka registered a no vote on Agenda Item Numbers 5 and 9. MOTION: Council Member Cormack moved, seconded by Mayor Filseth to approve Agenda Item Numbers 5-13A. 5. Approval of Amendment Number 3 to Contract Number C17166284 With Forsys, Inc. for On-call SAP Project Support Services; and Amendment Number 2 to Contract Number C17166285 With Forsys, Inc. for On-call IT Project Support Services, Each to Extend the Term Through March 31, 2020 With an Optional Extension to June 30, 2020. DRAFT ACTION MINUTES Page 5 of 8 City Council Meeting Draft Action Minutes: 12/16/2019 6. Approval of Amendment Number 1 to Contract Number S19174467 With Buildingeye to add $179,250 for a Not-to-Exceed Amount of $229,250 and Extend the Contract for Three-years to Provide Visualization of Data for Building Permits, Planning Entitlements, and Code Enforcement Activities; and Approval of an Exemption From Solicitation. 7. Approval of a Three-year Contract With North American Youth Athletics, LLC in the Amount of $285,000 for Soccer Classes and Camps. 8. Approval of Contract Number C20174897 With Transmetro for the Operation of the Existing Palo Alto Crosstown Shuttle Service With Total Compensation Not-to-Exceed $1,139,347.50 Over a Three-year Term. 9. Approval of the Following Contract Amendments for the City's Fair Value Commuting Project in Cooperation With the Federal Transit Administration: 1) Amendment Number 2 to Contract Number C19173096 With Prospect Silicon Valley to Extend the Term Through April 30, 2020 and Increase the Contract Limit by $26,000 to an Amount Not-to-Exceed $251,000; 2) Amendment Number 3 to Contract Number S17166237 With Hillary M. Rupert to Extend the Term Through May 31, 2020 and Increase the Contract Limit by $55,000 to an Amount Not-to- Exceed $327,200; and 3) Amendment Number 1 to Contract Number C19173099 With RideAmigos to Extend the Term Through March 31, 2020 and Increase the Contract Limit by $10,500 to an Amount Not-to- Exceed $160,850. 10. Approval of Amendment Number 4 to Contract Number C12142180 Between the City of Palo Alto (on Behalf of the Joint Powers Board) and Midpeninsula Community Media Center, Inc. for Public, Education, and Government (PEG) Access Channel Support Services to Extend the Term to June 30, 2020. 11. Resolution 9872 Entitled, “Resolution of the Council of the City of Palo Alto to Update the Municipal Penalty Schedule to Reflect the Re- numbered Fire Code.” 12. Approval of the City/School Liaison Committee Purpose Statement. 13. Approval of Amendment Number 2 to Contract Number C16161182 With Freytag & Associates to Extend the Term of the Agreement to October 31, 2020 With no Additional Cost to the City for Professional Services Related to Airplane Noise Assessment and Mitigation. 13A. Approval of the Letter to Senator Hill and Assemblymember Berman Regarding the FASTER Program Proposal. DRAFT ACTION MINUTES Page 6 of 8 City Council Meeting Draft Action Minutes: 12/16/2019 MOTION PASSED FOR AGENDA ITEM NUMBERS 5, 9: 6-1 Tanaka no MOTION PASSED FOR AGENDA ITEM NUMBERS 6-8, 10-13: 7-0 MOTION PASSED FOR AGENDA ITEM NUMBER 13A: 6-1 Kou no Council took a break at 8:02 P.M. and returned at 8:11 P.M. Action Items 14. PUBLIC HEARING: Adoption of a Resolution 9873 Entitled, “Resolution of the Council of the City of Palo Alto Amending Objective Standards for Wireless Communication Facilities (WCF) in the Public Rights of Way to Clarify Existing Standards and add new Standards Regarding the Prioritization, Placement, Location, and Design Criteria.” Public Hearing opened at 8:24 P.M. Public Hearing closed at 9:06 P.M. MOTION: Council Member Kniss moved, seconded by Council Member DuBois to adopt a Resolution amending the objective standards for Wireless Communication Facilities (WCF) attached to streetlight poles and wood utility poles in the public rights of way. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion “direct Staff to consider noise as a potential addition to future revisions of the Ordinance.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion “direct Staff to study the option for underground design to be mandated in residential districts with exceptions, and return to Council with findings.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion “direct Staff to obtain information regarding the State of Oregon’s SB 283 and return to Council for further discussion.” MOTION AS AMENDED: Council Member Kniss moved, seconded by Council Member DuBois to: A. Adopt a Resolution amending the objective standards for Wireless Communication Facilities (WCF) attached to streetlight poles and wood utility poles in the public rights of way; DRAFT ACTION MINUTES Page 7 of 8 City Council Meeting Draft Action Minutes: 12/16/2019 B. Direct Staff to consider noise as a potential addition to future revisions of the Ordinance; C. Direct Staff to study the option for underground design to be mandated in residential districts with exceptions, and return to Council with findings; and D. Direct Staff to obtain information regarding the State of Oregon’s SB 283 and return to Council for further discussion. SUBSTITUTE MOTION: Vice Mayor Fine moved, seconded by Council Member Cormack to adopt a Resolution amending the objective standards for Wireless Communication Facilities (WCF) attached to streetlight poles and wood utility poles in the public rights of way. SUBSTITUTE MOTION FAILED: 2-5 Cormack, Fine yes MOTION AS AMENDED PASSED: 6-1 Fine no 15. PUBLIC HEARING / QUASI-JUDICIAL: 4115 El Camino Real [18PLN- 00238]: Approval of a one lot Tentative Map to Divide an Existing 0.36 Acre Parcel Into Seven Residential Condominiums, and two Commercial, and two Office Condominiums. Environmental Assessment: Mitigated Negative Declaration Adopted by the Director of Planning and Development Services on January 7, 2019. Zoning District: CN (Neighborhood Commercial). Public Hearing opened and closed without public hearing at 10:10 P.M. MOTION: Council Member Cormack moved, seconded by Council Member Kniss to approve the Tentative Map for nine condominium units and adopt the Record of Land Use Action. MOTION PASSED: 7-0 16. Approval of a Contract With the OIR Group in the Amount of $75,000 for Independent Police Auditing Services for a Three-year Period. MOTION: Vice Mayor Fine moved, seconded by Council Member Kniss to: A. Approve and authorize the City Clerk to execute a contract with the OIR Group in the amount of $75,000 for independent police auditing services for a three-year period; and B. Direct the City Manager to work with Police Chief on supplemental reporting by February 2020 on personnel matters not reviewed by DRAFT ACTION MINUTES Page 8 of 8 City Council Meeting Draft Action Minutes: 12/16/2019 contractor and enhanced public awareness and clarity on how complaints can be made and are handled. MOTION PASSED: 7-0 17. Approval of Annual Amendments to the Employment Agreements Between the City of Palo Alto and Council Appointed Officers and Authorization to Purchase Real Property in Accordance with City Manager Employment Agreement. MOTION: Council Member DuBois moved, seconded by Council Member Kniss to approve and authorize the Mayor to execute the following contract amendments for Council Approved Officers: A. Amendment Number Seven to Employment Agreement between the City of Palo Alto and Molly S. Stump; B. Amendment Number Five to Employment Agreement between the City of Palo Alto and Beth D. Minor; C. Amendment Number One to Employment Agreement between the City of Palo Alto and Ed Shikada; and D. Authorize the Chief Financial Officer to take all action necessary to execute the purchase of property in accordance with Section 7 of the employment agreement with Ed Shikada. MOTION PASSED: 6-1 Tanaka no State/Federal Legislation Update/Action None. Adjournment: The meeting was adjourned at 11:41 P.M. CITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 1 Regular Meeting January 6, 2020 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:10 P.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Absent: Special Orders of the Day 1. Election of the 2020 Mayor. NOMINATION: Council Member Tanaka nominated Vice Mayor Fine for Mayor for 2020. NOMINATION PASSED: 6-0-1 Kou abstain 2. Election of the 2020 Vice Mayor. NOMINATION: Council Member Kniss nominated Council Member Alison Cormack for Vice Mayor for 2020. NOMINATION: Council Member Filseth nominated Council Member Tom DuBois for Vice Mayor for 2020. NOMINATION FOR COUNCIL MEMBER CORMACK FAILED: 3-3-1 DuBois, Filseth, Kou no, Tanaka abstain NOMINATION FOR COUNCIL MEMBER DUBOIS PASSED: 4-2-1 Fine, Kniss no, Tanaka abstain 3. Adoption of a Resolution of the Council of the City of Palo Alto Expressing Appreciation for Outstanding Public Service to Eric Filseth as 2019 Mayor. MOTION: Vice Mayor DuBois moved, seconded by Mayor Fine to adopt a Resolution expressing appreciation for outstanding public service to Eric Filseth as 2019 Mayor. MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 7:19 P.M. City of Palo Alto (ID # 10576) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Park Improvement Ordinance Adoption for Rinconada Park Improvements Title: Adoption of a Park Improvement Ordinance for Renovations and new Amenities at Rinconada Park as Recommended by the Parks and Recreation Commission From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council adopt a Park Improvement Ordinance (Attachment A) for the Rinconada Park Improvements project, Capital Improvement Program (CIP) project PE-08001. Background Council approved $1.7 million in funding for fiscal year 2020 to address improvement needs at Rinconada Park. The improvements include infrastructure, accessibility, and maintenance needs of the park. The proposed improvements were identified and supported by the community as part of the Rinconada Park Long Range Plan, which was adopted by Council in summer 2017. The major improvement items being addressed by the project scope include replacement of two existing playgrounds and replacement of the existing asphalt walkways. While the addition of a new restroom facility is not included in the approved CIP scope, it is part of the Rinconada Long Range Plan and was included in the Park Improvement Ordinance so that it may be built in the future. Park improvements are anticipated to begin in spring 2020 in coordination with the construction of the new Junior Museum and Zoo. A Park Improvement Ordinance is required when new facilities or changes of use are proposed in park projects. In the case of Rinconada Park, the addition of a new picnic area, restroom, and fire pit along with the removal of the tot lot playground and the expansion of the main playground prompted the need for the ordinance. For more information regarding the current Rinconada Park Improvements project: https://www.cityofpaloalto.org/gov/depts/pwd/projects/rinconadaproject.asp For more information regarding the Rinconada Park Long Range Plan: https://www.cityofpaloalto.org/gov/depts/pwd/rinconadaplan.asp CITY OF PALO ALTO City of Palo Alto Page 2 Renovation Items Proposed for Rinconada Park • Playground & Tot Lot Renovation • Relocate Tot Lot Closer to Main Playground • All New Playground Equipment, Fencing, Rubber surfacing • New Pathways • 12’ wide main pathway • 8’ wide connection pathways • Site Furnishing Replacement • Picnic Tables, Benches, Water Fountain, BBQs, Trash/Recycle Receptacles • Picnic Areas • Renovate existing group picnic area • Create new picnic area at rear of JMZ at Playground • Expansion of main turf area • New irrigation • Install drainage • Renovate planting areas • Reduce small turf areas • Native/Habitat Planting • Pollinator Garden • Restroom • Girl Scout fire pit area Discussion Two community meetings were held to review the proposed park improvements. The first community meeting, held on February 21, 2019, discussed the overview of the Rinconada Long Range Plan (adopted in 2017) from which the proposed park improvements were derived. The proposed improvements are included in the scope of work in this phase of the project. Input from the community included suggestions on playground equipment, request for additional picnic areas, and review of the restroom location. The second community meeting, held on April 4, 2019, reviewed comments from the prior meeting and how they were addressed in the plan, including an expanded picnic area next to the playground and a variety of play equipment that the community selected. Most of the community members in attendance supported the proposed improvements. A Parks and Recreation Commission (PRC) meeting was held on February 26, 2019 to discuss the proposed park improvements and to provide an update on the community meeting process. The PRC was supportive of the plan but wanted more youth input and review. The proposed park improvements were presented to the Youth Activity Board on March 6, 2019 and to the Youth Council on March 20, 2019. Each group provided feedback on youth activities, including providing shaded seating areas and places for groups to gather along with providing a better connection to the rear of Walter Hays Elementary School. City of Palo Alto Page 3 On May 28, 2019, the proposed park improvement plan was reviewed by the PRC, leading to the unanimous vote to recommend that Council adopt the Park Improvement Ordinance (staff report). The project returned to the PRC on September 24, 2019 to request an amendment to the Park Improvement Ordinance to add a fire pit to the project scope, which was supported with a unanimous vote (staff report). A fire pit and restroom were adopted park elements in the Rinconada Long Range Plan but were not included in the scope of the current project due to budget constraints. The Girl Scouts have committed to donating $15,000 towards the installation of the fire pit in this current phase of Rinconada improvements. Staff is currently working with the Girl Scouts to secure the funds and to determine the details of the fire pit, which will be similar to the Boy Scout fire ring. Funding for the restroom will be considered during the development of the proposed FY 2021 budget. Next Steps • Bid Document Preparation & Project Bidding: early 2020 • Council Approval of Construction Contract: Spring 2020 • Construction Begins: Spring 2020 Resource Impact There are no financial impacts associated with the adoption of this ordinance. Any additional funding that may be necessary for the Rinconada Park Improvements project (PE-08001) will be subject to review and approval by Council. Policy Implications This project is consistent with the City’s Comprehensive Plan: POLICY L-7: Evaluate changes in land use in the context of regional needs, overall City welfare and objectives, as well as the desires of surrounding neighborhoods. POLICY L-61: Promote the use of community and cultural centers, libraries, local schools, parks, and other community facilities as gathering places. Ensure that they are inviting and safe places that can deliver a variety of community services during both daytime and evening hours. PROGRAM L-70: Study the potential for landscaping or park furniture that would promote neighborhood parks as outdoor gathering places and centers of neighborhood activity. Stakeholder Engagement Two community meetings, one PRC meeting, and presentations to the Youth Activity Board and Youth Council were completed in Spring 2019, prior to the PRC’s recommendation of Council approval of the Park Improvement Ordinance. City of Palo Alto Page 4 Environmental Review The adoption of the ordinance is not a project and is not subject to environmental review under provisions of the California Environmental Quality Act (CEQA). Attachments: Park Improvement Ordinance - Rinconada Park NOT YET ADOPTED 1 ORDINANCE NO. ____ Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for the Renovation Project at Rinconada Park The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings. The City Council finds and declares that: (a)Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of the Palo Alto Municipal Code require that, before any substantial building, construction, reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor. (b)Rinconada Park (the “Park”) is dedicated to park purposes. (See Palo Alto Municipal Code sections 22.08.210-212.) (c)The City intends to authorize the construction of pathways, picnic area, playground, restroom, site furnishing, planting, signage, and irrigation; as well as renovation of the existing picnic area. (d) The plan of renovations (the “Project”) shall generally be comprised, as follows: (1) The removal and replacement of the children’s playground and “tot lot” playground; (2) The renovation of the existing group picnic area including new paving and site furnishing; (3) The replacement of existing asphalt pathways with concrete pathways in the west portion of the park; (4) The addition of a new group picnic area at the rear of the new zoo; (5) The installation of a new restroom building along Hopkins Avenue; (6) The installation of new way finding signage; (7) The installation of native and habitat gardens; (8) The installation of a fire pit; and (9) The installation of new site furnishings, including picnic tables, recycling/composting receptacles, benches, bike racks and drinking fountains. (di) The Project described above and as otherwise depicted in the attached exhibit, is consistent with park, playground, recreation, and conservation purposes. (f) The Council desires to approve the plan for the Project described above. SECTION 2. The Council hereby approves the plan for the construction of improvements in the Park described in this Ordinance. Attachment A NOT YET ADOPTED 2 SECTION 3. The City Council finds that this ordinance falls under the California Environmental Quality Act (CEQA) exemptions found in Title 14 California Code of Regulations Section: 15301 (Existing Facilities), and 15304 (Minor Alterations of Land). SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Community Services ____________________________ Director of Administrative Services Attachment A City of Palo Alto (ID # 10735) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Water Quality Control Plant Security Guard Services Title: Approval of an Exemption from Competitive Solicitation and Approval of Amendment Number 1 to Contract Number C20176003 With Universal Semiconductor Inc. d/b/a Universal Security Company for Security Guard Services, Increasing Maximum Compensation by $425,062 to Add These Services at the Regional Water Quality Control Plant, for a Total Contract Amount Not to Exceed $897,344 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve an exemption from competitive solicitation, and authorize the City Manager or his designee to execute Amendment No. 1 (Attachment A) to Contract No. C20176003 with Universal Semiconductor Inc. d/b/a Universal Security Company (Universal Security Company) for security guard services at the Regional Water Quality Control Plant (RWQCP) for an additional amount of $425,062. This amendment results in a revised total contract not-to-exceed amount of $897,344, including $874,854 for Basic Services and $22,490 for Additional Services. Background The City currently contracts with Universal Security Company to provide security guards at the main vehicle and pedestrian entrance during operating hours at the Municipal Service Center (MSC) to prevent unauthorized entry. A Request for Quotes for MSC security guard services was posted on the City’s eProcurement system on July 11, 2019. The lowest responsive and responsible bidder was Universal Security Company. Security guard services under a five-year contract at the MSC were approved by Council on October 7, 2019 (Staff Report 10574). Discussion Adding a secuity guard at the main gate of the RWQCP had been under consideration for some time due to the high value of the equipment at the Plant, the presence of many hazardous materials, and concerns for worker and visitor safety. A number of issues needed to be resolved, including complications from a major construction project at the Plant. Those issues City of Palo Alto Page 2 were resolved and security guard services through Universal Security Company began on July 24, 2019 via short term purchase orders. Since that time, Public Works department staff worked with Universal Security Company’s management to establish hours of operation and detailed work requirements for the guards at the RWQCP, which are substantially similar to those at MSC. To provide security guard services over a longer term at the RWQCP, staff recommends amending the existing Universal Security Company contract for MSC security guard services. Universal Security Company offered the same hourly billing rates for services at the RWQCP as provided for the MSC, which are valid until the end of contract term on October 7, 2024 (Attachment A, Exhibit C - Compensation and Schedule of Fees). Given that a competitive solicitation for security guard services for the MSC occurred only a few months ago, a new solicitation for security guard services explicitly for the RWQCP would not be expected to result in rates lower than those in the existing contract for the MSC. Stakeholder Engagement RWQCP operating costs are distributed among the RWQCP Partner organizations in proportion to the volume and strength of their sewage contribution to the RWQCP. The Partners were briefed on the new security measures and associated costs and did not object to them. RWQCP staff support the security guard services. Timeline The current Security Guard Services contract expires October 7, 2024. Pending Council approval of this recommended Amendment No. 1 with Universal Security Company, the contract term will remain unchanged. Resource Impact The approved five-year contract C20176003 with Universal Security Company has a total not- to-exceed amount of $472,282, including $449,792 for Basic Services and $22,490 for Additional Services. With the approval of this amendment, the total not-to-exceed amount will be revised to $897,344, including $874,854 for Basic Services and $22,490 for Additional Services. The additional funding associated with this amendment only impacts the Wastewater Treatment Fund. Funding for the first year of this amendment to the contract, $65,228.80, is available in the FY 2020 Operating Budget of the Wastewater Treatment Fund. Funding for future years is subject to the annual budget appropriation and contingent upon Council approval. Contract expenses are distributed in proportion to the anticipated usage of the security guard services by the following departments at MSC and the RWQCP: Utilities, Public Works, and Administrative Services. City of Palo Alto Page 3 Funding Allocations Fund Department Annual Amount for year 1 Annual Amount for year 2-5 Vehicle Replacement and Maintenance Public Works $18,891.28 $18,891.28 Utilities Administration Utilities $34,004.30 $34,004.30 General Fund Public Works $34,948.87 $34,948.87 General Fund Administrative Services $6,611.95 $6,611.95 Current Annual Amount $94,456.40 $94,456.40 Wastewater Treatment (new) Public Works $65,228.80 $89,958.40 Amended Annual Amount $159,685.00 $184,414.80 Amended Contract Total (5 years) $897,344.00 Environmental Review This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 15301 and 15302 of the CEQA Guidelines as operation, repair, maintenance, and alteration of an existing facility and no further environmental review is necessary. Attachments:  Attachment A: Amendment #1 Contract S20176003 Universal Security Vers.: Aug. 5, 2019 Page 1 of 10 AMENDMENT NO. 1 TO CONTRACT NO. C20176003 BETWEEN THE CITY OF PALO ALTO AND UNIVERSAL SEMICONDUCTOR, INC., DBA UNIVERSAL SECURITY COMPANY This Amendment No. 1 (this “Amendment”) to Contract No. C20176003 (the “Contract” as defined below) is entered into as of January 13, 2020 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and UNIVERSAL SEMICONDUCTOR, INC., DBA UNIVERSAL SECURITY COMPANY, a California Corporation located at 1925 Zanker Road, San Jose, CA 95112 (“CONTRACTOR”). CITY and CONTRACTOR are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of October 8, 2019 for a five-year term for security guard services at the Municipal Services Center, as detailed therein. B. The Parties now wish to amend the Contract in order to add the equivalent security guard services to the Water Quality Control Plant, with an increase in compensation, as authorized by City Council approval including its approval of an exemption from competitive solicitation for the additional scope of work. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C20176003 between CONSULTANT and CITY, dated October 8, 2019. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 1, SERVICES, of the Contract is hereby amended to read as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibits A and A-2. Optional Additional Services (This provision only applies if checked and an amount for Additional Services is provided under Section 5.) Additional Services (as defined in Section 5, “Compensation for Original Term”) will be authorized by CITY, as needed, with a Task Order assigned and approved by DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Vers.: Aug. 5, 2019 Page 2 of 10 CITY’s Project Manager, as identified in Section 8 (“Invoicing”). Each Task Order shall be in substantially the same form as Exhibit A-1 (“General Services Task Order”). Each Task Order shall contain a specific proposed scope of services, schedule of performance and compensation amount, in accordance with the provisions of this Agreement. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to the Project Manager within the time specified by the Project Manager, and upon acceptance by CITY, the signed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth for Additional Services in Section 5 of this Agreement. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and CITY may elect to, but is not required to, authorize Additional Services work up to the maximum compensation amount set forth for such services in Section 5. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. SECTION 3. Section 5, COMPENSATION FOR ORIGINAL TERM, of the Contract is hereby amended to read as follows: 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Eight Hundred Ninety- Seven Thousand Three Hundred Forty-Four dollars ($897,344). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of Twenty-Two Thousand Four Hundred Ninety dollars ($22,490) for Additional Services (as defined below). CONTRACTOR shall provide Additional Services only by CITY-approved Task Order as detailed in Section 1 (“Services”) of this Agreement. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. “Additional Services” shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Vers.: Aug. 5, 2019 Page 3 of 10 which is not included within the Scope of Services described at Exhibits “A” and “A- 2”. Additional Services may only be added as provided for in Section 1 (“Services”) of this Agreement. SECTION 4. Section 4, SCHEDULE OF PERFORMANCE, of the Contract is hereby amended to read as follows: 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibits B and B-1. Time is of the essence in this Agreement. SECTION 5. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A-2” entitled “Scope of Services”, AMENDMENT NO. 1 (ADDED). b. Exhibit “B-1” entitled “Schedule of Performance”, AMENDMENT NO. 1 (ADDED). c. Exhibit “C” entitled “Compensation and Schedule of Fees” (REPLACES PREVIOUS). SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Vers.: Aug. 5, 2019 Page 4 of 10 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager or Designee APPROVED AS TO FORM: City Attorney or designee (Contract over $25k) UNIVERSAL SEMICONDUCTOR INC., dba UNIVERSAL SECURITY COMPANY Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: Exhibit “A-2” entitled “SCOPE OF SERVICES”, ADDED Exhibit “B-1” entitled “SCHEDULE OF PERFORMANCE, ADDED Exhibit “C” entitled “COMPENSATION AND SCHEDULE OF FEES” AMENDED REPLACES PREVIOUS DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Tim Gorsulowsky President George Yan CFO Vers.: Aug. 5, 2019 Page 5 of 10 EXHIBIT A-2 SCOPE OF SERVICES AMENDMENT NO. 1 CONTRACTOR shall supply all labor, materials, equipment and incidentals necessary to provide unarmed security guard services at the Regional Water Quality Control Plant (WQCP) facility at the City of Palo Alto located at 2501 Embarcadero Way, Palo Alto. CONTRACTOR shall perform unarmed security guard services including, but not limited to, the following services and activities: • Control vehicle and pedestrian access to the WQCP during the business hours specified below. • Perform inspections, detection, and investigation of all security-related incidents, violations of City regulations and City employee safety, and report to appropriate authorities and the CITY’s Project Manager. • Respond promptly and appropriately to all security-related emergencies. • On a quarterly basis, CONTRACTOR shall send CITY a proposed schedule of the guards on duty, which will include the name of each security personnel, working hours, and emergency contact number for each employee. CITY understands that the staffing schedule submitted may be subject to change. • Patrol the entire facility to provide a visible presence to discourage vandalism or unauthorized entry throughout the day. • Notify the appropriate law enforcement agency and project manager of any unlawful activity. • All non-City vehicles will be stopped at the gate before entry subject to Post Orders. • All visitors, except as noted herein, must have an appointment with staff on site. CITY Staff will notify security guards of their visitors with contacts to call when a visitor is onsite. No one will be allowed on-site without authorization from an authorizing WQCP employee. If no City employee is onsite to accept the visitor, the visitor will not be allowed on the premises. • Valid ID (Driver’s license/City ID badge) is required on all entries from both City employees and non-City employees who are not driving City marked vehicles. Sign in records are required for all visitors. Security officer shall be logging visitor’s name, driver license number, company name, date, and time. • Commercial deliveries (with routine deliveries) will not be treated as visitors, and will be allowed to deliver to the stores warehouse located inside the WQCP. • Shipping and receiving hours are 6 am to 2 pm Monday through Friday excluding Holidays. No deliveries will be admitted outside these hours unless approved by plant employees in advance or over the plant radio, for example. • CITY has an authorized vendor and visitor list that will be provided to the Security Officer by the City’s Project Manager with periodic updates. These visitors and vendors DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Vers.: Aug. 5, 2019 Page 6 of 10 will be checked at the gate and allowed entrance without requiring contact with a plant employee by the security guard. • Check ID (Valid Driver’s License) and keep copious written record (who they are visiting, date, & time) of visitors who enters the premises during normal working hours for daily reporting. Turn in visitor log no less than weekly to WQCP administrative staff in the administration building. • All security officers must be prompt and on time wearing a security uniform with a name badge. High visibility apparel is recommended due to the requirement of working in vehicle traffic situations. • WQCP employee and visitor parking lots are within the facility. Employees will enter the front main vehicle gate via the security service or through the key-code entry back vehicle gate. • Visitors to the WQCP with a legitimate business purpose are authorized to park inside the WQCP. City employees are allowed to park their personal vehicles inside the WQCP. • Issue and receive tickets to recycled water trucks filling up at the recycled water standpipe; turn away recycled water trucks without a legitimate permit to use the standpipe. Reports: In the event of an unusual occurrence, the CONTRACTOR shall submit an Incident Report to the CITY’s Project Manager. Immediate threats at WQCP must be reported immediately to public safety officials, as necessary, and in person or by phone to the onsite Operations Supervisor/Senior Operator, Assistant Manager of WQCP, and/or Plant Manager. CONTRACTOR may use their own forms, subject to prior approval from the CITY’s Project Manager. All reports should be submitted via email. Any and all reports prepared during the term of this CONTRACT shall become the property of the CITY. Personnel: Security officers assigned to perform work under this AGREEMENT shall wear uniforms at all times. These uniforms must clearly identify the name of the security CONTRACTOR and the name of the individual security guard, in conformance with the California State Requirements. This identification may be accomplished through the use of shoulder patches, silk screening or stitched company emblems, insignias or logos. Security officer shall come equipped with proper clothing and footwear suited for outdoor conditions. All uniform (collar shirts and pants) shall be cleaned and pressed regularly. All collar shirts shall be tucked in neatly while on shift with dark color slacks and shoes. All uniforms shall be approved by the CITY’s Project Manager prior to wearing them onsite. Security officers assigned to perform work under this AGREEMENT shall: DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Vers.: Aug. 5, 2019 Page 7 of 10 • Be able to communicate effectively in both written and oral English. • Possess a valid California Driver’s License or Identification. • Be a legal resident of the United States of America. • Have successfully completed the educational requirements and successfully passed the examinations required by the State of California, Department of Consumer Affairs. • Be capable of performing the assigned tasks. • Passed background check and have no disqualifying criminal conviction record as determined by City. • Must ensure that at least one person every day has a working knowledge of the WQCP. • Possess a current security guard card. Code of Conduct • Staff shall always stand and greet every vehicle (even CITY marked vehicles) as it arrives to make their presence known to arriving visitors. • Communications should be firm but polite with all visitors and staff • Violators of the security Standard Operating Procedure shall be identified to the Project Manager immediately • No security staff is allowed on the premises outside of the assigned hours of this AGREEMENT unless authorized by the CITY’s Project Manager. • The City Guard shack will be properly maintained at all times. • Computer, phone, and radio issued by the CITY shall be kept in good condition. • Security staff shall only park in assigned parking spaces. • Security staff is not allowed to have visitors while on duty. Equipment: CONTRACTOR shall furnish all equipment necessary to perform the work as described herein. All equipment shall be kept in good condition. Required equipment shall include but not be limited to: • Flashlights and two-way radios/smart phones. • Appropriate winter and summer wear for staff meeting guidelines in the “Personnel” section above. Wages: CONTRACTOR must follow the federal, state, and local minimum wage law each year of the contract. DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Vers.: Aug. 5, 2019 Page 8 of 10 EXHIBIT B-1 SCHEDULE OF PERFORMANCE AMENDMENT NO. 1 Required Duties: CITY requires two unarmed security officers for the Water Quality Control Plant with operation hours from 5:30 am to 4:00 pm, Monday through Friday, excluding holidays. The morning shift shall be from 5:30 am to 1:30 pm and the later (mid-morning) shift shall be from 8:00 am to 4:00 pm. A security sweep and inspection of the entire WQCP facility shall occur as required in post orders, including perimeter fence lines, building exterior doors, storage containers, employee parking lots, and all vehicle and pedestrian gates. A security officer shall be on post at the main entrance gate from 5:30 am to 4:00 pm at all times. The different time shifts will allow for coverage at the guard station during lunch and regularly scheduled breaks, as well as restroom breaks. If for any reason the security officers cannot meet the required schedule, CONTRACTOR shall notify the CITY’s designated Project Manager at least 24 hours in advance. Holidays There are 11 City holidays. DATE January 1 - New Years Day 3rd Monday in January - Martin Luther King Jr. 3rd Monday in February - Lincoln’s Birthday Last Monday in May – Memorial Day 4th of July 1st Monday of September - Labor Day 2nd Monday of October – Columbus Day November 11 - Veteran’s Day Thanksgiving Day (2) December 25 - Christmas Day DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Vers.: Aug. 5, 2019 Page 9 of 10 EXHIBIT C COMPENSATION AND SCHEDULE OF FEES (AMENDED, REPLACES PREVIOUS) CITY shall pay CONTRACTOR according to the following rate schedule. A. Maximum Compensation The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided for hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. The maximum compensation on an annual basis are as follows: Year 1: Basic Services $155,187.20 Additional Services $4,497.92 Year 2: Basic Services $179,916.80 Additional Services $4,497.92 Year 3: Basic Services $179,916.80 Additional Services $4,497.92 Year 4: Basic Services $179,916.80 Additional Services $4,497.92 Year 5: Basic Services $179,916.80 Additional Services $4,497.92 B. Additional Services Additional Services, as defined in Section 5 of this Agreement shall be compensated at the following hourly rates: Year 1 (October 8, 2019 – October 7, 2020) Job Class/Title Rate Type Base Labor Rate Direct & Indirect Overhead Rate Mark Up Total Hourly Rate Security Officer Straight $ 18.00 $ 3.42 $ .98 $ 22.40 Security Officer Overtime $ 27.00 $ 4.60 $ 2.00 $ 33.60 DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 Vers.: Aug. 5, 2019 Page 10 of 10 Year 2 (October 8, 2020 – October 7, 2021) Job Class/Title Rate Type Base Labor Rate Direct & Indirect Overhead Rate Mark Up Total Hourly Rate Security Officer Straight $ 18.00 $ 3.42 $ .98 $ 22.40 Security Officer Overtime $ 27.00 $ 4.60 $ 2.00 $ 33.60 Year 3 (October 8, 2021 – October 7, 2022) Job Class/Title Rate Type Base Labor Rate Direct & Indirect Overhead Rate Mark Up Total Hourly Rate Security Officer Straight $ 18.50 $ 3.42 $ .48 $ 22.40 Security Officer Overtime $ 27.75 $ 4.80 $ 1.05 $ 33.60 Year 4 (October 8, 2022 – October 7, 2023) Job Class/Title Rate Type Base Labor Rate Direct & Indirect Overhead Rate Mark Up Total Hourly Rate Security Officer Straight $ 18.50 $ 3.42 $ .48 $ 22.40 Security Officer Overtime $ 27.75 $ 4.80 $ 1.05 $ 33.60 Year 5 (October 8, 2023 – October 7, 2024) Job Class/Title Rate Type Base Labor Rate Direct & Indirect Overhead Rate Mark Up Total Hourly Rate Security Officer Straight $ 18.50 $ 3.42 $ .48 $ 22.40 Security Officer Overtime $ 27.75 $ 4.80 $ 1.05 $ 33.60 DocuSign Envelope ID: B22EB480-5E5D-495A-B88D-4335E6AE89F0 City of Palo Alto (ID # 10772) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Approval of 2020 legislative guidelines and updated advocacy manual Title: Policy and Services Committee Recommends the City Council Approve the 2020 Legislative Guidelines and Updated Advocacy Manual From: City Manager Lead Department: City Manager Recommendation Pursuant to recommendations by the Policy & Services Committee and the Utilities Advisory Commission, staff recommends that Council approve the City’s draft 2020 Federal and State Legislative Guidelines, the Utilities Department’s draft 2020 Legislative Guidelines, and the City’s revised draft Advocacy Process Manual. Background On November 12, 2019, the Policy & Services Committee received a presentation from staff and the City’s state legislative advocate regarding (a) 2019 state legislation and potential 2020 legislation, and (b) the draft federal and state Legislative Guidelines and the Associated Process Manual (ID #10640). The draft guidelines presented to the Committee are included in Attachment A. After discussion, the Policy & Services Committee accepted staff’s suggested changes and unanimously recommended to Council some of its own changes, shown in Attachment B. The Committee also unanimously recommended changes to pages 2, 3, and 4 of the Advocacy Process Manual, as noted in Attachment C. On December 4, 2019, the Utilities Advisory Commission (UAC) discussed and approved the 2020 Utilities Legislative Guidelines, found in Attachment D. Discussion The City has a long-standing legislative program to ensure that potentially impactful state and federal legislation is identified and analyzed by staff, and that the City’s public advocacy positions are made known to legislators and the public. The program is guided by the Advocacy Process Manual, formally called the Legislative Program Manual. In addition to this manual, the City maintains a Council-approved set of City of Palo Alto Page 2 legislative guidelines for the City and for the Utilities Department, as noted below. Legislative Guidelines The Legislative Guidelines enhance and add content to the City Council’s overarching priorities; they do not supplant them. The guidelines work to guide staff and our legislative advocates on issues that are both (a) important to the Council, and (b) fairly likely to become a legislative issue in 2020. The guidelines are not rank ordered and are intentionally reasonably broad, rather than specifically narrow or tailored, to allow for a flexible and quick response. The guidelines are not proactive instructions; they act as a means by which staff and our advocates can respond to federal and state government action, without returning to Council each time a bill is introduced or amended. The guidelines were last approved by Council on January 22, 2018 (ID 8750). Process Manual The Advocacy Process Manual is for internal use only, to inform City staff, Council, City contractors, and Commission members how to proceed regarding legislative advocacy. The manual was last approved by City Council on January 9, 2017 (ID 7507). Once approved, the manual, along with the City’s legislative guidelines, will be made public through the City’s Intergovernmental Affairs web portal. Utilities Department Legislative Guidelines Additionally, because of the unique and heavily regulated nature of the Utilities Department, specific utilities legislative guidelines are reviewed and approved by the UAC for Council’s adoption. The City Manager’s Office works closely with staff in the Utilities Department to coordinate the City’s entire legislative portfolio. Council last approved the Utilities Department’s legislative guidelines on January 22, 2018 (ID 8750). Resource Impact There is no direct resource impact associated with adopting legislative guidelines and a process manual. However, actions taken that support the efficient use of the City’s assets and resources will help control costs, implement the Council’s policies and goals, and protect the interests of our residents. Stakeholder Engagement The City’s and the Utilities Department’s Guidelines were informed through an internal and external stakeholder process involving gaining information from internal departments, federal and state adovcates, various trade associations, and the Northern California Power Agency joint action agency. Additionally, both sets of draft guidelines were reviewed and discussed at noticed, public hearings. Environmental Review City of Palo Alto Page 3 This report is not a project for the purposes of the California Environmental Quality Act; an environmental review is not required. Attachments: • Attachment A: Draft 2020 City Legislative Priorities as Initially Brought by Staff to P&S • Attachment B: Draft Legislative Guidelines with Staff Changes Accepted and Committee's Recommended Changes Shown • Attachment C: Draft Advocacy Process Manual with Committee's Recommended Changes Shown • Attachment D: Draft 2020 Utilities Legislative Guidelines as Approved by the UAC The City of Palo Alto’s 2018 2020 Federal and State Legislative Guidelines Page 1 of 3 The below Foundational Principles represent the ideals that form the core of the City’s policy agenda. The legislative guidelines all rise from and strengthen our four foundational principles: 1. Protect local revenue sources and prevent unfunded mandates 2. Protect, seek, and increase funding for programs, projects, and services 3. Protect and increase local government discretion. Oppose items that preempt or reduce the authority or ability of local government to determine how to effectively operate local programs, services, and activities 4. Protecting the health and safety of the community The below Legislative Guidelines create the framework for organizing the City’s policy interests, while guiding staff and contracted lobbyists in their advocacy efforts on behalf of the City. Transportation • Deterring single occupancy drivers and alleviating local traffic congestion • Supporting local and regional public transportation • Seeking funding for rail grade separations and other means of reducing the local impacts of regional transportation systems • Promoting the ability of Cities to enforce a default speed limit for locally-controlled streets and arterials Environmental • Reducing GHG emissions • Reducing airplane noise and emissions and actively supporting such efforts • Studying the efficacy and cost of residential electrification; Ppromoting such reasonable residential and vehicle electrification programs if reasonable; promoting reasonable vehicle electrification programs • Promoting the use of renewable resources, water conservation, and the flexible use of existing resources to support a healthy watershed and urban canopy • Supporting a statewide ban on polystyrene containers and packaging materials • Supporting advanced low emission vehicle technology and vehicle electrification • Working with the Improving San Francisquito Creek Joint Powers Authority in its efforts to improve the creek’s watershed and floodplain, including seeking grant funding • Expanding Supporting federal, state, and regional efforts to protect local communities from sea level rise and other impacts of climate change and funding for such efforts The City of Palo Alto’s 2018 2020 Federal and State Legislative Guidelines Page 2 of 3 Financial • Supporting the long-term stability of CalPERS and the ability of local governments to mitigate and manage with flexibility its pension obligations • As needed, seek to pProtecting the funding of ambulance, paramedic, and other emergency services • Supporting the continued deductibility of tax-exempt municipal bonds while monitoring tax reform efforts • Promoting the ability of states to capture sales tax revenue on Internet purchases Public Employment • Preserving local government’s ability to manage its own employment issues, including, but not limited to: employee hiring, evaluating, disciplining, and/or terminating and negotiating collective bargaining agreements with employees’ representatives Technology • On a pilot basis, authorizing Palo Alto, and surrounding areas as needed, as a place for autonomous vehicle testing • Supporting reasonable state and federal efforts surrounding policies such as strengthening cybersecurity, regulating drones and shared mobility services, preserving returning to Obama-era net neutrality regulations, and pursuing smart city initiatives Housing • Supporting reasonable housing and land use policies that recognize local accountability; opposing attempts to remove from localities the ability to determine their own land use policies or stymie the local political process • Supporting the development and implementation of efficient and sustainable land use and building practices Health • Encouraging reasonable action to prevent minors from purchasing or using tobacco and/or vaping products, and reducing or eliminating the negative health and environmental impacts of such products Other • Supporting reasonable state action to update, implement, and refine processes, services, and programs affecting the City • Protecting individual privacy and the equal treatment of all individuals The City of Palo Alto’s 2018 2020 Federal and State Legislative Guidelines Page 3 of 3 • Supporting the collaborative work of regional partners and, trade associations, and Joint Powers Authorities of which the City is a member The City of Palo Alto’s 2020 Federal and State Legislative Guidelines Page 1 of 2 The below Foundational Principles represent the ideals that form the core of the City’s policy agenda. The legislative guidelines all rise from and strengthen our four foundational principles: 1. Protect local revenue sources and prevent unfunded mandates 2. Protect, seek, and increase funding for programs, projects, and services 3. Protect and increase local government discretion. Oppose items that preempt or reduce the authority or ability of local government to determine how to effectively operate local programs, services, and activities, and governance. 4. Protect the health and safety of the community The below Legislative Guidelines create the framework for organizing the City’s policy interests, while guiding staff and contracted lobbyists in their advocacy efforts on behalf of the City. Transportation • Deterring single occupancy drivers and alleviating local traffic congestion • Supporting local and regional public transportation • Regulating technology that diverts traffic into residential neighborhoods • Seeking funding for rail grade separations and other means of reducing the local impacts of regional transportation systems Environmental • Reducing GHG emissions • Reducing airplane noise, health impacts, and emissions and actively supporting such efforts • Promoting reasonable residential and vehicle electrification programs • Promoting the use of renewable resources, water conservation, and the flexible use of existing resources • Supporting a statewide ban on polystyrene containers and packaging materials • Working with the San Francisquito Creek Joint Powers Authority in its efforts to improve the creek’s watershed and floodplain • Supporting efforts to protect local communities from sea level rise and other impacts of climate change The City of Palo Alto’s 2020 Federal and State Legislative Guidelines Page 2 of 2 Financial • Supporting the long-term stability of CalPERS and the ability of local governments to mitigate and manage with flexibility its pension obligations • As needed, seek to protect the funding of ambulance, paramedic, and other emergency services • Supporting the continued deductibility of tax-exempt municipal bonds while monitoring tax reform efforts Public Employment • Preserving local government’s ability to manage its own employment issues, including, but not limited to hiring, evaluating, disciplining, and/or terminating and negotiating collective bargaining agreements with employees’ representatives Technology • Supporting reasonable regulatory efforts surrounding policies such as strengtheningregarding cybersecurity, regulating drones and, shared mobility services, returning to Obama-era net neutrality regulations, and pursuing smart city initiatives Housing • Supporting reasonable housing and land use policies that recognize local accountabilityautonomy and create reasonable ratios between jobs and housing; opposing attempts to remove from localities the ability to determine their own land use policies or stymie the local political process • Supporting the development and implementation of efficient and sustainable land use and building practices Health • Encouraging reasonable action to prevent minors from purchasing or using tobacco and/or vaping products, and reducing or eliminating the negative health and environmental impacts of such products Other • Supporting reasonable state action to update, implement, and refine processes, services, and programs affecting the City • Protecting individual privacy and the equal treatment of all individuals • Supporting the collaborative work of regional partners, trade associations, and Joint Powers Authorities DRAFT City of Palo Alto Advocacy Process Manual 2020 update TABLE OF CONTENTS PAGE 2 PURPOSE LEGISLATIVE GUIDELINES COORDINATION OF THE LEGISLATIVE PROGRAM PAGE 3 THE ROLE OF THE CITY COUNCIL THE ROLE OF THE CMO PAGE 4 THE ROLE OF CITY DEPARTMENTS CITY ADVISORY COMMISSIONS AND COMMITTEES UTILITIES DEPARTMENT PAGE 5 LEGISLATIVE ADVOCACY IN SPECIAL CIRCUMSTANCES SIGNATURES ON LEGISLATIVE COMMUNICATION LOBBYING BY CITY PERSONNEL PAGE 6 ADVOCACY METHODS CITY COUNCIL MEETINGS WITH OTHER ELECTED OFFICIALS STATE LEGISLATIVE TIMELINE CITY-SPONSORED STATE LEGISLATION Advocacy Process Manual 2020 update Page 2 PURPOSE The goals of the City of Palo Alto’s Legislative Program (Program) are to: 1. Set outDescribe the internal procedures related to state and federal advocacy, and 2. Ensure potentially impactful state and federal legislation is identified, analyzed, tracked, and possibly, communicated to policymakers LEGISLATIVE GUIDELINES Each year1 staff will suggest specific legislative priorities for Council approval, first at a Policy and Services Committee meeting, and then once approved, before the full Council. Ideally, the priorities will be fully approved by Council in December or January in advance of the upcoming state legislative session. As the priorities will have been discussed and approved by the Policy and Services Committee, they will be placed on the Council’s consent agenda, unless requested otherwise. The Legislative Guidelines provide direction to the City Council, City staff, and the City’s state and federal legislative advocates. Each update is drafted after discussion with lobbyists and consideration of policy issues that are current and/or will most likely appear the following year. COORDINATION OF THE LEGISLATIVE PROGRAM Immediately after a department or the City Manager’s Office (CMO) learns of governmental action potentially affecting the City, internal communication and coordination to analyze the action begins. If warranted, a formal City position and advocacy actions are developed for recommendation to the City Council or City Manager. Departments are urged to proactively identify legislation of importance to the City, and to communicate with the CMO. At this point, action can proceed in either of two ways: 1. If the Council has previously adopted a legislative guideline relevant to the legislation, the CMO may act by engaging in the advocacy methods noted on page 6. 2. If there is no relevant legislative guideline or Council direction related to a potentially impactful bill, if the issue is politically controversial, or if there is significant local 1 1 If staff recommends no guideline changes - after a review of the current year’s approved guidelines, Council’s adopted Citywide priorities, and a discussion with lobbyists - the priorities from one year will carry over to the next year with no need to return to Council for a re-affirmation of previously approved guidelines. Advocacy Process Manual 2020 update Page 3 interest in the issue, the proposed legislation is referred to Council for direction. (See Legislative Advocacy, on page 5) THE ROLE OF THE CITY COUNCIL The City Council has ultimate responsibility for determining the City’s position on legislative issues. The Council's specific responsibilities include: • Through a review process and staff suggestions, establish state and federal legislative priorities • Meet with the City's State and Federal legislative advocates as needed or desired to best represent the interests of Palo Alto • Work with external entities on issues of shared regional policy concern • Determine positions on resolutions proposed for adoption by the League of California Cities, the National League of Cities, the Santa Clara County Cities Association, and similar regional entities, as requested • Assume an active advocacy role with legislators on behalf of the City. This may include travel to Washington, DC and/or to Sacramento. Any such travel will be consistent with current City travel policies. THE ROLE OF THE CMO The CMO, through the City’s Intergovernmental Affairs Officer, is the central coordinator of the City's legislative program. The responsibilities and activities of the office include: • Ensuring the consistency of legislative action throughout the City • Serving as a clearinghouse and record keeper for all legislation of interest and monitoring bills of interest to the City • Coordinating contacts and communications with legislators and their staff • With departmental assistance, evaluating proposed legislation that may affect the City • Disseminating information on public policy items of interest to City departments • Directing and overseeing the City’s lobbyists, including setting priorities for action that are consistent with Council direction • Preparing advocacy letters for the Mayor’s signature • Maintaining the City’s Intergovernmental Affairs web portal Advocacy Process Manual 2020 update Page 4 • Serving, as needed, as the liaison to stakeholder groups, legislative offices, and local jurisdictions concerning legislative activities • Coordinating the regular review of Legislative Guidelines and presenting them at the Policy and Services Committee • Coordinating, briefing, and providing support to Council members for visits with State and/or Federal legislators, as requested THE ROLE OF CITY DEPARTMENTS Active departmental participation is essential to the success of the Legislative Program. Departmental employees are the subject matter experts who can provide technical assistance and unique insight into issues potentially impacting the City. Responsibilities of the departments include, but are not limited to: • Informing the CMO of policy issues of importance to the City and any specific bills they become aware of that may impact the department • Designating key contacts within the department or division who are responsible for evaluating legislation and/or assisting the Intergovernmental Affairs Officer with legislative analysis and advocacy letters • Suggesting organizations, individuals, publications, and/or legislators who may be allies in advocating the City's position on certain legislation CITY ADVISORY COMMISSIONS AND COMMITTEES City employees who are staff or liaison to Council appointed advisory commissions and committees should encourage those bodies to bring to the CMO’s attention any proposed legislation for which they recommend a position or wish the CMO to track. Any advisory commission or committee, or member of any such body, that wishes to represent the City in meetings or communications engage with a legislator or legislative staff member while under the auspicious of the commission or committee must first coordinate with the CMO. Any engagement while in an official City capacity No requires engagement will occur prior to approval from the City Manager, to ensure adherence to the City’s guidelines, process, and current Council priorities. City Manager approval is not necessary for commission or committee members engaging legislators in a personal capacity, when not representing the City. UTILITIES DEPARTMENT The Utilities Department maintains its own set of legislative guidelines, due to the heavily and separately regulated nature of the City’s utilities lines. These guidelines are reviewed, discussed, and approved by the Utilities Advisory Commission, then approved by the City Council. The Utilities legislative guidelines shall not conflict with, but will compliment, the City’s guidelines. Advocacy actions that squarely and solely affect the Utilities Advocacy Process Manual 2020 update Page 5 Department (ie: an increase in utility rates, a change in departmental operations or policies, or additional work for staff of only the Utilities Department) and that conform with approved legislative guidelines, may be approved by the Director of the Utilities Department. LEGISLATIVE ADVOCACY IN SPECIAL CIRCUMSTANCES The Council is the official voice of the City of Palo Alto and the final authority for determining legislative positions. The processes outlined below reflect instances when staff has no prior Council authority, or the issue is controversial, or is a current item of significant community interest. 1. Staff will place the item on a City Council agenda, including a specific bill number, if any, an analysis of the item, and a recommendation if warranted, for Council deliberation 2. Staff will follow the direction from Council related to the specific item. If the direction is to oppose or support a bill, the CMO will relay the position to the City’s lobbyist, who will take any of the advocacy methods noted below Importantly, due to the ever evolving and often fast pace of legislative amendments, it is rarely possible for staff to first appear before the Policy and Services Committee seeking direction. Timing is also a reason why staff receives Council approval on legislative priorities in advance of the next state legislative session. SIGNATURES ON LEGISLATIVE COMMUNICATION Letters and other communications expressing the City's position will customarily bear the signature of the Mayor. However, if the legislation's principal impact is on the City’s operating procedures, the communication may be signed by the City Manager. In order to keep the Council and others informed of all City communication on legislation, copies of the letters will either be distributed to the Council, or placed on the City’s Intergovernmental Affairs web portal, or both. LOBBYING BY CITY PERSONNEL Any meetings or communication with State of Federal elected officials must be done in a coordinated way to ensure consistency of messaging, accurate information and record keeping, and sharing of resources. Therefore, any departmental staff, including department heads, or City contractors, wishing to directly engage with a state legislator, member of Congress, legislative staff, or wishing to testify at a committee hearing shall first work with the CMO’s office. Advocacy Process Manual 2020 update Page 6 ADVOCACY METHODS Drafting position letters is one advocacy tool, best used in conjunction with others. The City Council, City Manager, Intergovernmental Affairs Officer, and lobbyists may use any, or a combination of the below additional advocacy methods: • Calls to policymakers, their staff, or legislative committee staff • Meeting with legislators and their staff, stakeholders, and other groups active on the same issue or bill • Testifying at a committee hearings regarding the City’s position and/or concerns • Building coalitions with like-minded entities CITY COUNCIL MEETINGS WITH OTHER ELECTED OFFICIALS From time to time, Council meets with the City’s County, State, and/or Federal representatives, whether in Palo Alto or in other towns. These meetings are an important component of building legislative relationships and sharing issues of significance to Palo Alto. These meetings should be scheduled at the appropriate times during the respective legislative calendars; City staff will work with the City’s lobbyists, as needed, to facilitate any such meeting. STATE LEGISLATIVE TIMELINE Generally, the State legislature is in session from December to August or September; bills must be introduced by February of each year. The Governor has 30 days after the end of session to sign passed bills, depending on when the bill passed. The CMO will convey specific legislative deadlines to the City Council as requested. CITY-SPONSORED STATE LEGISLATION If a department or Council member would like the City to sponsor a state bill, meaning the City asks a legislator to introduce a bill making changes to state law at our request, it’s important to note the timing. The general ideal timeline, and the process for such action, is noted below: October: The bill idea is discussed internally, with the CMO, the affected department(s), the City’s lobbyist, and possibly, the City Attorney’s Office. Potential allies are also discussed. November: A fully vetted bill idea, including a summary document and amendments to the affected code section(s), is brought to a meeting with the potential author. If needed, more than one meeting with more than one legislator takes place until an author is secured. December-February: City staff and lobbyist work with the author’s office on the specific language, as needed. The bill is sent to the State’s Legislative Council’s Office for official Advocacy Process Manual 2020 update Page 7 drafting, and the bill is formally introduced. February to October: City staff and lobbyist work on advancing the bill, to include testifying at committee hearings, meeting with proponents and opponents, discussing amendments and strategy, meeting with the author’s staff and the Governor’s staff crafting letters and advocacy pieces, and the like. Due to the potential workload of bill sponsorship and technical specificity required to craft bill language, it is very important that the affected department(s) designate one or two staffers who can actively assist the CMO throughout the life of the bill. For specifics about the timeline and actions required, please contact the Intergovernmental Affairs Officer. Attachment A Approved by the Utilities Advisory Commission on December 4, 2019 Approved by City Council on XX, 2020 Utilities Legislative Policy Guidelines: 2020 Update City of Palo Alto Utilities Department (CPAU) staff will use the below guidelines as well as the City’s guidelines to help determine any advocacy position or action on Utilities-related issues. Formal advocacy, such as submitting written letters or comments and meeting with policymakers and/or staff, requires the approval of the Utilities Director or his designee. 1. Seek to preserve local government flexibility, discretion, accountability, and oversight of matters impacting utility programs, services, activities, and rates. Oppose action that could hamper or minimize this flexibility or discretion. 2. Where possible, seek funding and program incentives. 3. Advocate for reasonable government action with minimal customer impact that allows for flexibility and implementation feasibility. 4. Advocate for locally-designed conservation or efficiency programs. Support reasonable State conservation or efficiency requirements that consider local populations, environment, and resources. 5. Inform state and federal policymakers about CPAU’s current programs, services, goals, and reporting requirements. 6. Oppose unnecessary, unreasonable, impractical, or costly rates or mandates. 7. Collaborate with and support the efforts of regional agencies and associations whose goals align with ours. 8. Advocate for fair cost allocation and support the principle of beneficiary pays. 9. Support efforts to maintain or improve the security and reliability of our infrastructure. 10. Support government action that cost effectively reduces greenhouse gas emissions. 11. Promote locally-designed residential and commercial electrification programs. 12. Support government action allowing CPAU to maintain customer confidentiality. City of Palo Alto (ID # 10824) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Peers Park Improvement Ordinance Title: Adoption of a Park Improvement Ordinance for Installation of Electric Utility Equipment at Peers Park as Recommended by the Parks and Recreation Commission From: City Manager Lead Department: Utilities RECOMMENDATION Staff and the Parks and Recreation Commission recommend that the City Council adopt a Park Improvement Ordinance for the installation of above and below-ground electric utility equipment at the existing Peers Park water pump station (Attachment A). BACKGROUND Caltrain is electrifying its trains to improve air quality, reduce noise, and increase ridership. In order for Caltrain to complete its electrification project, overhead utilities currently crossing the railroad must be either a minimum height of 40 feet or placed underground. City of Palo Alto Utilities (CPAU) has two overhead electric lines above the railroad crossings near Peers Park (between Rinconada and Tennyson). By combining the two overhead lines into one and placing the new line underground (“the Project”), CPAU can meet Caltrain’s requirement and improve the aesthetics of the area simultaneously. On November 12, 2019, Staff presented the scope and impact of the Project, both during and after the completion, to the Park and Recreation Commission (PRC). At the end of the presentation, the PRC recommended that the Council approve the Park Improvement Ordinance (Attachment B). DISCUSSION Two CPAU overhead electric lines cross the railroad near Peers Park, both of which are connected to wooden utility poles on each end. Neither pole meets Caltrain’s 40 feet height requirement. As part of the Project, the poles and overhead cables will be removed and replaced with 1 new pad-mounted switch (53” tall x 63” wide x 62” deep), 5 new underground vaults (1 that is 5’ x 10’, 2 that are 4’6”x 8’6” and 2 that are 30” x 48”), and new underground conduits connecting these vaults. These new facilities are shown in detail in Exhibit A to the City of Palo Alto Page 2 Park Improvement Ordinance (Attachment A). The only visible addition will be the pad- mounted switch, which will be placed within the paved area at the park where the existing CPAU water pump station is located. The remainder of the equipment, vaults and conduits, will be beneath the surface. Park Impacts During Construction CPAU will use a horizontal drilling method, also known as the “bore method,” to minimize construction impacts at the park. The bore method will require three bore pits (two 5’x 5’ pits for conduit that will run underground in the park, and one 6’x 12’ pit for the conduit that will cross beneath the railroad) connected by a channel and conduit casing. After the channel is established, the casing will be assembled and pulled into the channel simultaneously, to prevent the channel from collapsing. In the early portion of this deployment, which is estimated to take 1 to 2 days, the casing will sit above ground. This process will be repeated for the installation of the conduits into the installed casing. Utilities will fence off the area surrounding the bore pits, leaving the rest of the park open for use. Timeline and length of Construction Pending permit issuance, CPAU plans to start construction in February 2020. The Project will take approximately 4-6 weeks. Traffic and Parking Impacts No street closures will be needed in the Peers Park area. Construction worker vehicles will utilize street parking during the day. Park Impacts After Construction Other than the pad-mounted switch, everything else installed as part of this Project will be placed underground. The pad-mounted switch will be located directly in front of the existing CPAU water pump station near the train tracks, which is about 200 feet from the dog park. Once the Project is in place, CPAU will access the pad-mounted switch for maintenance approximately once per year. The cables that will be installed in the underground conduits are designed to last approximately 40 years. Thus, no CPAU access to these conduits will be required under normal operating conditions. The two underground vaults which will be inside the dog park do not require ventilation and will have mulch placed on top of their covers, which will permit full access to the area by park goers. The other three vaults will be placed beneath the paved area and will not limit park access. Impact to CPAU’s Electric System By reducing the number of overhead electric line crossings from two to zero, CPAU will eliminate the risk of overhead faults and increase system reliability. Installing the pad-mounted switch will also increase the resiliency, security and flexibility of CPAU’s electric distribution system. City of Palo Alto Page 3 RESOURCE IMPACT The estimated cost of this Project is approximately $620,000. Funding is available in the FY 2020 capital improvement Project (EL-17007), Facility Relocation for Caltrain Modernization Project. This is only a portion of the overall work necessary for relocation of electric facilities to meet Caltrain’s requirements. Most of the construction work will be performed by contractors and staff will seek Council’s approval for these contracts in Summer 2020. POLICY IMPLICATIONS Since 1965, the City of Palo Alto Utilities (CPAU) has administered an ongoing program to convert overhead utility lines, including electric, telephone and cable TV facilities to underground. This Project is consistent with this policy. This Project is also consistent with the existing, Council-approved, 2018 Utilities Strategic Plan, under the strategic objective for establishing a proactive infrastructure replacement program to support reliability and resiliency. STAKEHOLDER ENGAGEMENT Staff presented the scope and impact of the Project to the PRC on November 12, 2019. The Commission unanimously recommended the Council approve the Park Improvement Ordinance. Two weeks prior to Project start, CPAU will post signs at Peers Park, informing the park goers about the timing of this Project. ENVIRONMENTAL REVIEW Council’s adoption of this Park Improvement Ordinance is exempt from California Environmental Quality Act (CEQA) review under California CEQA Guidelines, Section 15301 (minor alteration of existing facilities) and Section 15061(b)(3) (no potential for significant environmental impacts). Attachments: •Attachment A: Draft Park Improvement Ordinance •Attachment B: Linked to conserve paper: Excerpt PRC Minutes Attachment A *NOT YET ADOPTED* 1 6055291 ORDINANCE NO. ____ Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Utilities Improvements at Peers Park The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings. The City Council finds and declares that: (a) Article VIII of the Charter of the City of Palo Alto and section 22.08.005 of the Palo Alto Municipal Code require that, before any substantial building, construction, reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor. (b) Peers Park (the “Park”) is dedicated to park purposes. (See Municipal Code section 22.08.200). (c) The City intends to authorize installation of a pad-mount utility switch in front of the existing water pump station, as well as underground conduits and vaults at Peers Park. (“the Project”). (d) The construction of the underground conduits, boxes, vaults and pad-mount switch will take up 4-6 weeks. (e) The plan of improvements shall generally include the following, and are more fully described in Exhibit A: (1) 1 pad-mounted switch (53” tall x 63” wide x 62” deep); (2) 5 new underground vaults: i.1: 5’ x 10’; ii.2: 4’6”x 8’6”; iii.2: 30” x 48”; (3) Underground conduits connecting the vaults, which will be installed by a horizontal drilling method, also called the bore method, to minimize the impacts to the park during construction. (4) Once construction is complete, the only visible change at the park will be the pad- mounted switch, which will sit on top of a paved area near the train tracks, where the existing CPAU water pump station is located. The footprint of the paved area will not change. The pad-mounted switch will be located directly in front of the existing CPAU water pump station, which is about 200 feet from the dog park. Attachment A *NOT YET ADOPTED* 2 6055291 (5) Since all the vaults and boxes will be buried underground, the only visible parts will be the lids. The 2 underground vaults which will be inside the dog park do not require ventilation and will have mulch placed on top of their covers, which will permit full access to the area by park goers. The other 3 vaults will be placed beneath the paved area and will not limit park access. (6) No tree removal is required for this Project. (7) During construction, workers will utilize street parking during the day. All temporary pits will be covered by construction plywood, fenced off and surrounded by safety cones. (f) The Council desires to approve the plan for improvements for the Project described above. SECTION 2. The Council hereby approves the plan for the construction of improvements in the Park described in this Ordinance. SECTION 3. The City Council finds that this ordinance falls under the California Environmental Quality Act (CEQA) exemptions found in Title 14 California Code of Regulations Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction). // // // // // // // // // // // // Attachment A *NOT YET ADOPTED* 3 6055291 SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Community Services ____________________________ Director of Public Works ____________________________ Director of Administrative Services Attachment A *NOT YET ADOPTED* 4 6055291 Exhibit A Plan Drawings and Specifications (See following pages) Exhibit A 1. Install an above ground (pad-mount) utility switch (53”x63”x62”) in front of an existing water pump station at Peers Park. 2. Install 5 underground vaults and boxes. 3. Beside the open trench method, conduits shall be installed by the bore method to minimize the disruption to the park. Existing underground box New vaults(4’6”x8’6” and 30”x48”) New pad-mounted switch (53”x63”x62”) Above a 5’x10’ underground vault And a 30”x48” underground box Underground conduits Existing Overhead electric crossing to be eliminated Existing Overhead electric/comm crossing to be eliminated Underground conduits Underground conduits Underground conduits New vaults(4’6”x8’6” New padmount switch (52”x62”x63”) in front of existing pump station Above a 5’x10’ underground vault City of Palo Alto (ID # 10928) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Approve Additional City Funds for Wilton Court Title: Authorize and Approve an Additional $10.5 Million Loan From the Housing In Lieu and Impact Fee Funds for a Total City Contribution of $20.5 Million for the Development of the 100 Percent Affordable Housing Project at 3705 El Camino Real (Wilton Court); and Approve Budget Amendments in the Residential Housing In-Lieu Fund, the Commercial Housing Fund, and the Residential Impact Fee Funds From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that the City Council approve an additional $10,518,971 million loan to Palo Alto Housing Corporation for the development of an 100% affordable housing project at 3705 El Camino Real (Wilton Court), for a total contribution from the City of $20.5 million. Staff recommends realizing the contribution by: 1) Reallocating existing funding reserved for the Potential Teacher Housing Project at 231 Grant Ave in the amount of $2,638,993 and replenishing this amount with additional fee revenues as they become available. 2) Establishing the Residential Impact Fund (Fund 293) for the collection and accounting of residential impact fees established in FY2017. 3) Amending the Fiscal Year 2020 Budget Appropriation Ordinance for: a. The Residential Housing In-Lieu Fund by: i. Increasing Grants and Subsidies in the amount of $7,249,601; and ii. Decreasing the Ending Fund Balance in the amount of $7,249,601; b. The Commercial Housing In-Lieu Fund by: i. Increasing Grants and Subsidies in the amount of $2,669,330; and ii. Decreasing the Ending Fund Balance in the amount of $2,669,330; c. The Residential Housing Impact Fund by: i. Increasing Residential Housing Impact Fees in the amount of $600,040 ii. Increasing Grants and Subsidies in the amount of $600,040 City of Palo Alto Page 2 4) Authorizing the City Manager or designee to negotiate and execute a Loan Agreement, Regulatory Agreement, and related documents necessary to implement Council direction. Executive Summary On January 14, 2019, the City Council unanimously approved Palo Alto Housing (PAH) proposal to construct 59 units of affordable rental housing units, of which one unit would be exempt for an on-site manager’s unit (CMR 9917).1 Rents for the 58 restricted units would be affordable to those with incomes between 30% and 60% of Area Median Income (AMI). As of May 2019, for a family of two earning 60% AMI, the household’s income cannot exceed $70,260. Of the total 59 units, 21 of the units are reserved for adults with developmental disabilities. Given the deep affordability of the project, PAH is requesting financial assistance from local, State, and Federal governments. Local contributions to date include $10 million from the City of Palo Alto’s Residential Housing and Commercial In-Lieu funds, which was unanimously approved by Council on June 3, 2019 (CMR 10143).2 The City also agreed to allow PAH to use $2.6 million in reserve funds that were no longer needed for Section 8 housing at the Sheridan apartments to apply toward the Wilton Court project. Palo Alto Housing applied for Intellectual and Developmental Disabilities Housing Funds for the 21 units reserved for adults with developmental disabilities in the amount of $4 million. Since then, the County awarded the project $2.8 million, short by $1.2 million of what the project expected. In addition, a $10 million contribution that was projected from a State competitive grant was also unsuccessful. The cost to develop the Wilton Court project was previously estimated to be $46,127,456. Development costs have increased by $168,971 for a total projected cost of $46,296,427. To close this funding gap, Palo Alto Housing is requesting an additional $10.5 million in City funds to construct the 100% affordable housing project. This City’s contribution at this time will narrow the gap and allow Palo Alto Housing to apply for additional state grants. Background In April 2018, the City Council created the Affordable Housing Combining District (AHCD) (CMR 8966) which enabled 100% affordable, multi-family housing projects located within half-mile of major transit stops or quarter-mile from a transit corridor to utilize the relaxed development standards.3 On January 14, 2019, the City Council approved PAH’s application to combine parcels, 3703-3705 and 3703-3709 El Camino Real, zone changes to apply the Affordable Housing Combining District to the site, and a waiver from the retail preservation requirement (CMR 9917). 1 https://www.cityofpaloalto.org/civicax/filebank/documents/68435 2 https://www.cityofpaloalto.org/civicax/filebank/documents/71434 3 https://www.cityofpaloalto.org/civicax/filebank/documents/64347 City of Palo Alto Page 3 The maximum rent for each household will be based on 30% of the household’s income, not to exceed 60% AMI of California Tax Credit Allocation Committee’s income limits. For a household of two in a 1-bedroom unit at 60% AMI, the maximum household income as of May 2019, would be $70,260. Given the project will be subject to tax credit rent limits, the rent will not exceed 30% of income or $1,647. PAH proposed rents comply with affordability requirements as shown below in Table 1 and in detail in Attachment A. The mix of unit types and expected rents is shown in Table 1 below. Given the mission of PAH to provide affordable housing rentals, the project relies entirely on public funds to be developed. One major funding source that will help the construction of the project is the federal Low-Income Housing Tax Credit (LIHTC) administered by the California Tax Credit Allocation Committee (CTCAC). Table 1: Unit Mix and Rent for Wilton Court Apartments Affordability Household Size Number of Units Type Rental Amount with Utility Allowance 30% AMI 1 14 Studio $659 50% AMI 1 19 Studio $1,124 60% AMI 1 23 Studio $1,357 60% AMI 2 2 1 bedroom $1,442 Exempt 2 1 1 bedroom Exempt Total 59 On June 3, 2019, the City Council approved a $10 million contribution from the City’s Affordable Housing Funds in the form of an affordable housing loan for development and construction of the project (CMR 10143). Discussion PAH is seeking an additional $10.5 million funding from the City, for a total contribution of $20.5 million, to bridge the funding gap resulting from the unsuccessful bid for a competitive state housing grant and unanticipated increases in construction costs. According to the applicant’s most recent estimates, the project will cost approximately $46,296,427 to be developed. Attachment B is the project’s development proposed financing, which lays out the updated uses, sources, and the total gap financing needed for the project. The table below assumes that $16,646,642 in tax credits will be awarded to the project. Permanent Sources of Funds for Construction City of Palo Alto $ 20,518,971 Low Income Housing Tax Credits $ 16,646,642 County of Santa Clara – Developmental Disabled Funding $ 2,800,000 Permanent Construction Loan $ 2,480,814 City of Palo Alto Page 4 Sheridan Affordability Reserve Account4 $ 2,350,000 State of California Enhanced Tax Credit $ 1,500,000 TOTAL PROJECT FUNDING $ 46,296,427 TOTAL COST PER UNIT: $ 784,685 City’s Contribution Commercial and Residential Funds $ 20,518,971 (Commercial $11.7M) (Residential In-lieu $7.7M*) (Residential Impact $0.6M) *$2.6M of $7.7M is allocated from money presently reserved for a Potential Teacher Housing Project. The Teacher Housing Project reserve is expected to be restored by the end of the first quarter 2020 due to an anticipated contribution to the housing fund from the Maybell Project. TOTAL CITY FUNDING PER UNIT $ 347,779 The following is a revised estimate of the project’s funding timeline: City's Funding Commitment January 2020 Apply for State Funds Fall/Winter Start Construction Summer 2020 Completion of project Winter 2021/2022 Loan Agreement and related documentation The City’s contribution will take the form of an affordable housing loan, which will be supported by a Promissory Note and Deed of Trust secured by the property. In addition, the parties will execute a Regulatory Agreement ensuring the continued affordability of the rental units once they are developed. The parties were in the midst of negotiating the terms of these documents when the need for additional funding arose and have delayed finalizing these documents pending the City Council’s decision. Consistent with prior affordable housing loans, staff anticipates that the Note will bear simple interest at 3% per annum and payments will be made from any residual receipts beyond the project’s net operating income expenses. Payments will be divided among funding agencies with the City receiving its proportionate share based on its funding to total development costs. No interest will accrue, and no payments will be required until after the project is constructed and occupied. 4 Council passed CMR 8105 that amended the Promissory Note Amendment No. 1, to Amendment No. 2, which revised the use of the Affordability Reserve Account (ARA). The revision enabled PAHC to use ARA funds on new construction or rehabilitation of affordable housing by 2030. Details of the Sheridan ARA are included in the Informational Report dated June 3, 2019 City of Palo Alto Page 5 Additionally, the loan agreement will include language that will reduce the City’s loan contribution if PAH finds additional funding sources to help fund the project. Policy Implications The actions recommended in this report implements the City’s adopted 2015-2023 Housing Element policies and programs supporting the development of low-income housing, which are set forth in detail in CMR 10143. Resource Impact The City has approximately $4.6 million in the Residential Housing In-Lieu Fund; approximately $2.7 million in the Commercial Housing Fund ($1.7M of which is permitted by the Stanford University Medical Center Development Agreement); and approximately $0.6 million in the Residential Housing Impact Fund once Fund 293 is established for the collection and accounting of residential impact fees established in FY2017. If the loan is approved by City Council, staff will amend the budget to allocate $4.6 million from the Residential Fund, $2.7 million from the Commercial Fund, $0.6 million from the Residential Housing Impact Fees Fund. Additionally, staff will reallocate existing funds in the amount of $2.6M from the $3.0M set aside for the Potential Teacher Housing Project at 231 Grant Avenue (CMR 9371) to fund the 3705 El Camino Real (Wilton Court) Project; this amount will be replenished with fee revenues as they become available. One potential source of the additional fee revenues is the $4.7 million the City is expecting from the 567 Maybell project (Resolution 9794). The recommended budget amendments with the appropriation of the $10.5 million in additional funding requires an supermajority, or 2/3 vote approval by the City Council in accordance with the City’s Charter and Municipal Code. If approved, the project will receive $20.5 million from the City. Sources of the funds include the City’s Commercial Housing Fund ($11.7 million), Residential Housing In- Lieu Fund ($8.2 million) and Residential Housing Impact Fees Fund ($0.6M). The remaining balances of the Commercial Housing Fund, Residential In-Lieu Fund and the Residential Impact Fees Fund will be $0. Timeline Staff will work with PAH to execute loan documents and release funds, if approved by City Council. Environmental Review Review and submittal of the attached report and the approval of the loan and related financing regulatory documents are exempt from the California Environmental Quality Act (CEQA). The affordable housing project itself is exempt from the CEQA per CEQA Guidelines Section 15194 (Affordable Housing). Attachments: • Attachment A: December 2019 Update on Wilton Court • Attachment B: Sources and Uses of Funds for Wilton Court Update December 2019 Update on Wilton Court We are requesting the City’s assistance with our current funding gap for Wilton Court, a 59 unit 100% affordable housing project. After receiving County funds and identifying State funding that is available and for which we will be competitive, our gap remains $10,350,000. Since the project was entitled in January 2019, we have been investigating/exploring various State funding programs to help close this gap. Due to the housing shortage and the strong demand for more affordable housing, these funding sources are oversubscribed by two and three times. So, in order to even be considered, each proposed affordable housing development project must meet a hundred percent of the criteria within the applicable notices of funding. Earlier this year, our original strategy was to apply for State funding through the Housing and Community Development Department’s MHP program for $10 million. MHP program funding was replenished in the 2018 election after being dormant for seven years. However, based on the projected results from MHP’s first round of funding this fall, the number of competitively scoring projects significantly outstripped the available funding. Unfortunately, a Wilton Court would not likely receive enough of a competitive score under the MHP program so this is no longer considered a viable source of funding. We have also investigated applying for a State IIG (Infill Infrastructure Grant) which could potentially be eligible for use to pay for approximately half of Wilton Court’s $4.5 million, 41 space, underground parking garage. However, primarily due to the building’s lack of proximity to public transit with enough service frequency, Wilton Court will not be competitive for the grant. In 2016, Santa Clara County set aside $10 million of Measure A funding to help underwrite affordable housing for adults with developmental disabilities. We applied for the maximum allowed eligible amount of $4 million which could underwrite the 21 units that will set aside for this population. The County approved Wilton Court for $2.8 million. With a commitment from the City to fill the projected gap, we have identified one State funding source that Wilton Court could potentially be competitive to receive, thereby leveraging the City’s additional gap funding commitment. In January 2020, we intend to apply to TCAC for “enhanced” tax credits which could bring in an additional $1.5 million. Enhanced tax credits are a new funding source from the State to help fund “shovel ready” projects (projects that will be able to break ground in 180 days). Along with the challenges of being a competitive financing source, the requirement to break ground within 180 days of funding approval (for a successful Wilton Court application, this would be September 2020) is challenging. However, our architect’s construction drawings will be submitted for building permits in Spring 2020. We will also receive a concurrent confirmation of construction cost estimates pricing as an update to the estimates we have received in 2019. Thus, with the City’s financial assistance and efficient building permit approval process after our building, we believe that Wilton Court could be under construction in Fall 2020. Finally, as we have discussed with City staff, PAHC remains committed to following through on other leads for potential funding sources, including Silicon Valley corporate philanthropy, a loan from the Federal Home Loan Bank, and other viable sources. While these sources of funding would not be available in time in order to leverage the enhanced tax credits, all future successful financing received by Wilton Court that is not needed to pay for development project costs would be used to directly pay-down the City’s additional gap loan committed to Wilton Court. 12/20/2019 DEVELOPMENT COSTS PERMANENT FUNDING SOURCES ACQUISITION Permanent Loan - A Tranche 2,480,814 Total Acquisition Costs 4,450,689 Tax Credit Investor Proceeds 16,646,642 State of CA Enhanced Tax Credits - to be secured Spring 2020 1,500,000 HARD COSTS City of Palo Alto - secured Spring 2019 10,000,000 Total Hard Costs 33,131,108 City of Palo Alto - Sheridan Funds Repurposing 2,350,000 County 2019 Funding for Developmentally Disabled 2,800,000 SOFT COSTS Total Soft Costs 8,714,630 Gap Sources - City of Palo Alto Additional Funds/Grant Funding 10,518,971 TOTAL DEVELOPMENT COSTS 46,296,427 TOTAL DEVELOPMENT SOURCES 46,296,427 DEVELOPMENT SCHEDULE 2019 April Summer Summer Winter NOTE: All below steps/dates are contingent upon securing CA State Tax Credits funding and filling entire remaining funding gap. 2020 January Spring Summer/Fall September September Summer 2022 Complete Construction/Tenants Move-in Wilton Court, Palo Alto - 4% Tax Credits/Bond Development Submit Application for City of Palo Alto funding Submit Application for Santa Clara County Obtain Building Permit Close all Construction Financing Design Development Drawings Construction Drawings Submit Applications for TCAC and CDLAC Submit for Building Permits Commence Construction City of Palo Alto (ID # 10742) City Council Staff Report Report Type: Action Items Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Public Hearing on Objections to Weed Abatement and Adoption Title: PUBLIC HEARING: Objections to Weed Abatement and Adoption of Resolution Ordering Weed Nuisance Abated From: City Manager Lead Department: Fire Recommendation Staff recommends that Council hold a Public Hearing to hear and consider any objections to the proposed destruction and removal of weeds, and adopt the attached Resolution (Attachment A) ordering the abatement of weed nuisances in the City of Palo Alto. Executive Summary The City of Palo Alto contracts with Santa Clara County Agriculture and Resource Management to remove and destroy weeds, as defined in Palo Alto Municipal Code Chapter 8.08. This hearing allows all those affected and listed on the County’s 2020 Weed Abatement Program Commencement Report (Attachment B) to be heard and have their objections and comments considered by Council before the Council adopts a Resolution ordering the abatement of weed nuisances in the City. Background The Council adopted Resolution 9869 on November 18, 2019 and declared weeds to be a nuisance and ordered the abatement of that nuisance as called for in Palo Alto Municipal Code Chapter 8.08. Resolution 9869 provided for a public hearing date of January 13, 2020 and required notice to interested property owners and the public. Discussion The Santa Clara County Department of Agriculture and Resource Management maintain the contract for abatement of weeds within the City of Palo Alto. Upon notification of the City Council’s November 18, 2019 action declaring weeds to be a nuisance and ordering abatement thereof, the Department of Agriculture and Resource Management took steps to notify each property owner by mail of the proposed weed abatement action on respective properties and posted, on the public notice bulletin board, a list of the properties affected. The Department of City of Palo Alto Page 2 Agriculture and Resource Management has furnished copies of the property listing to the City Clerk and the City Fire Marshal. The City Clerk also posted and published notice of the hearing as required. At this public hearing, property owners may appear and object to the proposed weed destruction or removal. After the hearing and consideration of any objections, the Council may sustain or overrule any or all objections. If objections are sustained, the Council may remove properties from the weed abatement commencement report. Upon adoption of the Resolution confirming the weed abatement commencement report and ordering weed nuisances abated, the County will be asked to perform the abatement work to destroy and remove any weeds. Resource Impact All Charges for the weed abatement services are included as a special assessment on bills for property taxes levied against the respective lots and parcels of land, which are considered liens on these properties. Policy Implications This procedure is consistent with existing City policies and Municipal Code Chapter 8.08. Stakeholder Engagement The Council adopted Resolution 9869 on November 18, 2019; declaring weeds to be a nuisance and ordering the abatement of that nuisance as called for in Palo Alto Municipal Code Chapter 8.08. The Commencement Report was posted publicly in Palo Alto on 12/11/19. The ads for the January 13th, 2020 public hearing ran in the newspaper on 12/27/19 and 1/3/20, and the SCCDEH weed abatement program mailed out notice of the public hearing, to all addresses on the commencement list on 12/13. Environmental Review Santa Clara County has determined the Weed Abatement Program to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Sections 15308. Attachments:  Attachment A: Resolution 2 - Ordering Weed Nuisance Abated  Attachment B: 2020 Palo Alto Commencment Report Not Yet Adopted 1 Resolution No. ___ Resolution of the Council of the City of Palo Alto Ordering Weed Nuisance Abated R E C I T A L S A.On November 18, 2019 the Palo Alto City Council adopted Resolution No. 9869 declaring weeds to be a nuisance and setting January 13, 2020 at 6:00 p.m. or as soon thereafter as the matter may be heard, in the Civic Center as the time and place for a hearing of objections to the proposed destruction and removal of weeds; and B.In accordance with said Resolution, notice of such hearing was given in the manner provided by law, as appears from the affidavits on file in the Office of the City Clerk; and C.All persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said weed abatement were fully heard and considered by this Council. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Any and all objections to the proposed destruction and removal of such weeds are overruled. SECTION 2. The Fire Chief hereby is ordered to do all things necessary and authorized in Chapter 8.08 of the Palo Alto Municipal Code to abate such nuisance, or cause the same to be abated by contract with the County of Santa Clara. // // // // // // // // Attachment A Not Yet Adopted 2 SECTION 3. The County of Santa Clara as lead agency has determined that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15308 as an action by regulatory agencies authorized by state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Sr. Deputy City Attorney City Manager _____________________________ Fire Chief _____________________________ Director of Administrative Services 2020 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF PALO ALTO Situs APN CITY/STATE 1605 EDGEWOOD DR 003-12-002 MIAO, NINA YANTI 931 CLARADR PALOALTO CA 94303-4002 1576 HAMILTON AV 003-24-010 1576 HAMILTON AVENUE LLC 0 PO BOX 1179 PALOALTO CA 94304 136 LOIS LN 003-38-044 HOBSON ELEANOR M TRUSTEE POBOX60452 PALOALTO CA 94306 170 IRIS WY 003-41-008 XIA, FAN AND ZHOU, YUAN 170 IRIS WY PALOALTO CA 94303-3036 782 GREER LN 003-41-065 DENG, JINGJING AND JIANG, LIJUN 782 GREERLN PALOALTO CA 94303-3022 999 EMBARCADER RD 003-41-068 GE, RUIFANG AND WANG, PEIYU 999 EMBARCADERO RD PALOALTO CA 94303-3050 1938 CHANNING AV 003-42-039 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TRUSTEE 3533 RAMONA ST PALOALTO CA 94306-3549 3541 BRYANT ST 132-23-033 KAPOSHILIN, NICHOLAS TRUSTEE 936 CALIFORNIA AV N PALOALTO CA 94303-3405 76 ROOSEVELT CL 132-23-059 LIU, JENKUEI TRUSTEE & ET AL 4039 SCRIPPS AV PALOALTO CA 94306-4535 149 ELDORADO AV 132-25-022 QUAN, STEVEN Y AND LILLIAN M 3143 GREER RD PALOALTO CA 94303-4027 2876 EMERSON ST 132-26-006 HSU, YEN-FEN 2876 EMERSON ST PALOALTO CA 94306-2350 2886 EMERSON ST 132-26-007 WANG,DIANA 0 PO BOX 60201 PALOALTO CA 94306-0201 23 records of 90 Santa Clara County Weed Abatement Program Page 1 Attachment B 2020 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF PALO ALTO Situs APN CITY/STATE 22 ROOSEVELT CL 132-29-067 CHIOU, REN-KANG AND TENG, su;. 22 ROOSEVELT CL PALOALTO CA 94306-4216 18 ROOSEVELT CL 132-29-069 BERNSTEIN, AMIR D TRUSTEE 18 ROOSEVELT CL PALOALTO CA 94306 LAMBERT 132-33-060 Linda Allen 1700 Space Park Dr. SANTA CLARA CA 95054 LAMBERT 132-33-061 Linda Allen 1700 Space Park Dr. SANTA CLARA CA 95054 LAMBERT 132-33-062 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Cupertino CA 95014 MAYBELL Av 137-25-135 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-136 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-137 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-138 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-139 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-140 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-141 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-142 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-143 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-144 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-145 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-146 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-147 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 MAYBELL Av 137-25-148 Golden Gate Homes LLC 19925 Stevens Creek Blvd., Ste. Cupertino CA 95014 69 records of 90 Santa Clara County Weed Abatement Program Pagel Attachment B Situs I 4158 4179 ' 4139 I 3460 ! 1059 ' I 349p I 3509 1009 ' 144, I 4388 I 633 i ! 6391 ! 4179 4169 ' 8491 I 4158 I 4246 I 4103 931 2020 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF PALO ALTO APN MAYBELL Av 137-25-149 Golden Gate Homes LLC AMARANTA AV 137-26-027 EDMONDS, BRIAN WAND PARSA COULOMBE DR 137-26-112 TANA, CHININ TRUSTEE & ET~L DONALD DR 137-27-086 HSI, HSING-HUI HILLVIEW RD 142-16-059 ARASTRADER RD 142-16-060 DEER CREEK RD 142-16-062 I LELAND STANFORD JR UNIV 11HE BD I LELAND STANFORD JR UNIV BD LELAND STANFORD JR UNIV BOARD CITY/STATE 19925 Stevens Creek Blvd., Ste. Cupertino 4158AMARANTAAV PALO ALTO 4170 COULOMBE DR PALO ALTO 4130 DONALD DR PALO ALTO 101 CALIFORNIAAV STE 1800 SAN FRANCISCO 300 PASTEUR DR 150 PORTOLA RD STANFORD PORTOLA VALLEY CA 95014 CA 94306-3905 CA 94306-3801 CA 94306-3822 CA CA CA 94111 94305-5132 94025 DEER CREEK RD 142-16-066 LELAND STANFORD JR UNIVERSITY 3500 DEER CREEK RD PALO ALTO CA 94304 PAGE MILL RD 142-20-091 LELAND STANFORD JR UNIVERSITY 965 PAGE MILL RD MONROE DR 148-06-001 PALOALTOCA14LLC 2316WAHSATCHAVN#631 SILVA CT 148-12-028 ARASTRADER RD 167-06-016 ARASTRADER RD 167-06-063 OAKHILL OAKHILL MESA OAKHILL MANUELA OLD TRACE OLDADOBE AV 175-01-025 AV 175-01-026 AV 175-01-037 AV 175-01-051 CT 175-02-053 RD 175-20-078 RD 175-20-092 ' YIN, JUN AND DUANMU, LAN ! 4388 SILVA CT I STONE, VIRGINIA A AND BRADLEY K 3516 BAJAMONT WY I FIRM GROUND REAL ESTATE i O PO BOX 51871 I BACHRACH, VIRGINIA R TRUSTEE 12 STARR WY I BACHRACH, VIRGINIA R TRUSrrEE TLTLLC I i KAMATH,SWATIPTRUSTEE I WEAKLAND, ALAN TRUSTEE ~ ET SMITHWICK, ALTON D AND Ul}-SULA GROVE, EVA K TRUSTEE 12 STARR WY OPOBOX 1667 4158 OAKHILL AV 515 FLOWER ST S FLOOR 25 0 PO BOX 60065 171 MAIN ST 278 LAUREL GLEN DR 182-54-012 SHETH, BEERUD TRCSTEE & ET AL 93 I LAUREL GLE:'11 DR PALO ALTO CA 94304 COLORADO SPRINGS CO 80907 PALOALTO CARMICHAEL PALOALTO MOCNTAIN VIEW MOCNTAIN VIEW PALOALTO PALOALTO LOSA:'IIGELES PALOALTO LOS ALTOS PALOALTO CA 94306-4422 CA 95608 CA 94303 CA 94040 CA CA CA CA CA CA 94040 94302 94306-3720 90071 94306 94022 CA 94304-1323 90 records of 90 Santa Clara County Weed Abatement Program Page4 Attachment B City of Palo Alto (ID # 10953) City Council Staff Report Report Type: Action Items Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Interim Urgency Ordinance Implementing State ADU Regulations Title: PUBLIC HEARING: Adoption of an Interim Urgency Ordinance to Implement State Legislation Effective January 2020 Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units Amending Palo Alto Municipal Code Title 18 (Zoning) Section 18.04.030 of Chapter 18.04 (Definitions) and Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42 (Standards for Special Uses). Environmental Assessment: Exempt From Review Under the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Sections 15061(b)(3), 15282(h), 15301, 15302 and 15305 From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that Council adopt the attached Interim Urgency Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), to be effective upon adoption. Background Governor Newsom signed a number of bills related to ADUs and JADUs. These new laws became effective on January 1st and invalidate local ordinances that do not comply with the new standards. The City of Palo Alto’s ADU regulations require an amendment to comply with state law. To minimize the time local regulations are invalidated, staff is recommending the City Council adopt an urgency ordinance. An urgency ordinance requires approval from four-fifths of the Councilmembers present and becomes effective immediately. The urgency ordinance only amends local ADU/JADU standards needed to comply with state law and will be valid for one year. In the following months, staff intends to prepare another ordinance that will further refine the City’s ADU regulations in the context of these new state mandates and other staff City of Palo Alto Page 2 recommended changes. The permanent ordinance will incorporate public outreach and hearings before the Planning and Transportation Commission (PTC). Below is a summary of the state-mandated changes and links to the state legislation: • AB 68 (Ting) / AB 881 (Bloom) / SB 13 (Wieckowski): Together these three bills amend existing ADU law as follows: o One ADU and one JADU permitted by right on a single-family lot, subject to certain constraints. o ADUs allowed by right in multi-family and mixed-use zones. Up to two detached ADUs, plus conversion of uninhabited spaces for multiple ADUs (up to 25% of units in multifamily buildings). o No minimum lot size for ADUs. o Zero setback if conversion of an existing structure at property line. o Maximum 4’ side and rear setbacks for newly constructed ADUs. o Lot coverage, floor ratios or open space requirements must allow at least an 800 sf ADU o Minimum 16 ft. height allowed. o Cannot set maximum square footage less than 850 for one-bedroom ADU, or 1,000 sf for two+ bedrooms o JADUs are no longer limited to smaller kitchen appliances and sewer connections. o 60-day permit processing timeline. o No replacement parking for garage conversions. o Proximity to transit must be “walkable” to qualify for parking waiver. o No impact fees on ADUs less than 750 sf, if larger, impact fees to be proportional to main house. o 5-year moratorium on local owner-occupancy restrictions until 1/1/25. o 5-year stay of building code enforcement available on unpermitted ADUs if they meet health and safety standards. o ADUs count for RHNA o No short-term rentals of ADUs or JADUs. o HCD & Attorney General can enforce compliance if new local ordinance is out of compliance, but 30-day right to cure or state findings to support ordinance. • AB 670 (Friedman): Homeowners associations must allow ADUs and JADUs. • AB 671 (Friedman): Housing Elements will need to incentivize and promote the creation of ADUs at all income levels. HCD will develop, and post, a list of existing state grants and financial incentives for ADUs. • AB 587 (Friedman): Allows a non-profit to separately convey title to ADUs. Discussion While the PTC reviews all changes to Title 18 ordinances, the adoption of an interim ordinance is not subject to PTC review. During the term of the interim ordinance, staff will bring forward a City of Palo Alto Page 3 permanent ordinance to address items not specifically spelled out in the State legislation, and unique to Palo Alto’s code. These items may include codes related to the protection of community character and incentives to promote zoning code compliance. Overview of Urgency Ordinance The proposed Interim Urgency Ordinance (Attachment A) includes only those modifications to the Palo Alto Municipal Code Title 18 necessary to comply with state law. Key modifications are as follows: • Deletes Section 18.42.040(a)(3), regarding minimum lot sizes • Modifies existing setback regulations throughout the ordinance that exceed the 4-foot setbacks authorized by state law. • Updates FAR, Lot Coverage, and Maximum House Size regulations in Section 18.42.040(a)(4) [formerly (a)(5)] to permit a minimum 800sf ADU. • Adds new categories of ADUs that must be ministerially approved: including one JADU + one detached ADU; non-livable space in multifamily buildings; detached ADUs on multifamily lots. • Updates privacy regulations in Section 18.42.040(a)(6) [formerly (a)(7)] to permit them to be ministerially applied. • Updates specific regulations in Sections 18.42.040(a)(7) and (a)(8) [formerly (a)(8) and (a)(9)] for both Attached and Detached ADUs conform to state law requirements for minimum and maximum sizes, height, and setback regulations. • Removes owner-occupancy requirements • Removes discretionary processes from street access regulations • Removes the requirement to replace parking eliminated by conversion of a garage. Timeline This Urgency Ordinance will go into effect immediately upon adoption. Resource Impact There are no significant fiscal or budgetary impacts associated with this action. All costs will be borne through existing city department budgets. Policy Implications This ordinance will apply to ADU and JADU applications that have been submitted, but have yet to receive a building permit when the ordinance becomes effective. Stakeholder Engagement Each time the State Legislature/Governor adopts legislation regarding ADUs, the Planning and Development Services Director is tasked to modify the City’s Zoning Ordinance. For Urgency Ordinance, outreach is difficult to accomplished. Nevertheless, the Chief Planning Official attended a local gathering on November 19, 2019 regarding the State’s legislation, entitled “Much Ado About ADUs: Planning and Pitfalls” to learn about any community concerns with the City of Palo Alto Page 4 new regulations. Outreach with the community is ongoing; focus group meetings will take place prior to and in conjunction with PTC hearings on a permanent ordinance. Environmental Review Adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.17, which exempts local ordinances implementing Government Code sections 65852.1 and 65852.2, and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305 because it constitutes minor adjustments to the City’s zoning ordinance to implement State law requirements related to accessory dwelling units as established in Government Code Sections 65852.2 and 65852.22, and these changes are also likely to result in few additional dwelling units dispersed throughout the City. As such, it can be seen with certainty that the proposed action will not have the potential for causing a significant effect on the environment. Attachments: • Attachment A: Interim Urgency Ordinance Updating ADU Regulations - Jan 2020 NOT YET ADOPTED 1 ORD 2019-12-18 ADU Amendment Jan 2020 Ordinance No.____ Interim Urgency Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations A. Assembly Bills (“ABs”) 68, 587, 671, and 881 and Senate Bill (“SB”) 13 pertain to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) and were approved by the California Legislature on September 13, 2019 and signed by the Governor on October 9, 2019; B. These bills, codified primarily in California Government Code sections 65952.2 and 65952.22 will become effective January 1, 2020, and provide that local ordinances that do not comply with state law are null and void; C. The City Council, pursuant to its police powers, has broad authority to maintain public peace, health, and safety of its community and preserving the quality of life for its residents; D. Palo Alto Municipal Code Section 2.04.270 authorizes the adoption of an urgency ordinance to protect the public peace, health or safety, where there is a declaration of the facts constituting the urgency and the ordinance is adopted by four-fifths of Council Members present; E. Palo Alto Municipal Code Section 18.80.090 reserves the authority of the City Council to temporarily change any provision of Title 18 upon a determination that the change is necessary for the public health, safety or welfare. F. This urgency ordinance would update the City’s ADU regulations to unambiguously comply with new state requirements contained in ABs 68, 587, 671, and 881 and SB 13; G. An urgency ordinance that is effective immediately is necessary to avoid an immediate threat to public peace, health, and safety as failure to adopt this urgency ordinance could result in nullification of the local values expressed in the City’s ADU regulations and result in development inconsistent with such values. SECTION 2. Section 18.04.030 of Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to add the following definition: (94.7) “Maximum house size” means, for the primary residential structure within a single-family residential zone, the maximum allowable amount of total gross floor area, regardless of lot size. SECTION 3. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows: 18.42.040 Accessory and Junior Accessory Dwelling Units The following regulations apply to zoning districts wherethe establishment of accessory dwelling NOT YET ADOPTED 2 ORD 2019-12-18 ADU Amendment Jan 2020 units and junior accessory dwelling units are permitted. (a) Accessory Dwelling Units (1) Purpose The intent of this section is to provide regulations to accommodate accessory dwelling units, in order to provide for variety to the city's housing stock and additional affordable housing opportunities. Accessory Dwelling Units shall be separate, self- contained living units, with separate entrances from the main residence, whether attached or detached. The standards below are provided to minimize the impacts of accessory dwelling units on nearby residents and throughout the city, and to assure that the size and location of such dwellings is compatible with the existing or proposed residence on the site and with other structures in the area. (2) Applicable Zoning Districts The establishment of an accessory dwelling unit is permitted in the following zoning districts when single family residential is a permitted land use: Single-Family (R-1), including subdistricts; Two Family Residential (R-2); Residential Estate (RE); Two Unit Multiple Family Residential (RMD); Open Space (OS); Multiple Family Residential (RM); and Planned Community (PC).zoning districts when single-family or multifamily residential is a permitted land use. (3) Minimum Lot Sizes A. In the R-1 district and all R-1 subdistricts, RE district, R-2 district, and RMD district, and properties zoned Planned Community (PC) where single-family residential is an allowed use, there is no minimum lot size for the establishment of an accessory dwelling unit. B. In the OS District, the minimum lot size for the establishment of an accessory dwelling unit is 10 acres. (34) Setbacks and Daylight Plane A. Except as otherwise provided in this section, accessory dwelling units shall comply with the underlying zoning district’s setbacks, including daylight plane requirements. B. Notwithstanding subsection (a)(4)(A) above, no setback shall be required for an existing garage structure that is converted to an accessory dwelling unit, except as provided in subsection (a)(65) below. C. In districts permitting second story accessory dwelling units, a setback of at least five four feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above a garage. NOT YET ADOPTED 3 ORD 2019-12-18 ADU Amendment Jan 2020 (54) Lot Coverage/Floor Area Ratio/Maximum House Size A. An accessory dwelling unit shall be included in the lot coverage and floor area ratio requirements applicable to the parcel. In the R-E, R-1, R-2 and RMD districts, and in the OS and PC districts when single-family residential is a permitted land use: (i) any covered parking provided for the accessory dwelling unit shall be included in the total floor area for the site, but shall not be included when determining maximum size of the accessory dwelling unit; and (ii) an attached accessory dwelling unit shall count towards the maximum house size for the primary residence on the parcel. B. Exceptions: i. Lot Coverage. When the establishment of an accessory dwelling unit on a parcel with a proposed or existing single family residence that was legally permitted and existing or proposed with a valid building permit as of January 1, 2017, would result in the parcel exceeding the lot coverage requirement, the accessory dwelling unit shall not be included in the calculation of lot coverage applicable to the property only to the extent necessary to allow establishment of an 800 square foot accessory dwelling unit., so long as the parcel meets the underlying zoning district’s minimum lot size requirement or is substandard by no more than ten percent (10%) of the underlying zoning district’s minimum lot size requirement. ii. Basements. In the R-1 district and all R-1 subdistricts, basement space used as an accessory dwelling unit, or portion thereof, shall not be included in the calculation of floor area for the entire site, providing the measurement from first finished floor to grade around the perimeter of the building is no more than three (3) feet. iii. Additional Floor Area. When the development of ana new one-story accessory dwelling unit on a parcel with a proposed or existing single family residence that was legally permitted and existing or proposed with a valid building permit as of January 1, 2017, would result in the parcel exceeding the maximum floor area ratio, an additional 220 square feet of floor area above the maximum amount otherwise permitted by the underlying zoning district shall be allowed only to the extent necessary to allow establishment of an 800 square foot accessory dwelling unit. This additional floor area shall be permitted only to accommodate the development of the accessory dwelling unit and shall not be applied to the primary residence. iii.iv. Maximum House Size. When the establishment of an attached accessory dwelling unit on a parcel with a proposed or existing single family residence would result in the parcel exceeding the maximum house size, up to 800 square feet of the accessory dwelling unit shall not be included in the NOT YET ADOPTED 4 ORD 2019-12-18 ADU Amendment Jan 2020 calculation of maximum house size applicable to the property only to the extent necessary to allow establishment of an 800 square foot accessory dwelling unit. (56) Conversion of Space in Existing Single Family Residence or Existing Accessory StructureRequired Approval of Certain Accessory Dwelling Units Notwithstanding the provisions of subsections (a)(3), (a)(4), (a)(56), (a)(7), and (a)(8) and (a)(9), in the R-1 district and all R-1 subdistricts, RE, R2, RMD and OS districts, and properties zoned RM or PC where single-family residential is an allowed use, an the following applications for an accessory dwelling unit or junior accessory dwelling unit within a residential or mixed-use zone shall be ministerially approvedpermitted if the unit: A. ADU within Single-Family Residence or Accessory Structure. For a lot with a proposed or existing single-family dwelling, one accessory dwelling unit or junior accessory dwelling unit that is contained within the existing space of a single- family residence or an existing accessory structure, has independent exterior access from the existing residence, and the provides side and rear setbacks are sufficient for fire safety shall be permitted, subject to the following:., and if the accessory dwelling unit conforms with the following: i. A unit proposed in an existing accessory structure under this subsection (a)(5)(A) may include an expansion of not more than 150 square feet beyond the physical dimensions of the existing accessory structure solely for the purposes of accommodating ingress and egress. ii. For the purposes of this subsection (a)(56)(A), the portion of the single-family residence or accessory structure subject to the conversion shall be legally permitted and existing as of January 1, 2017. iii. Conversion of an existing accessory structure to an accessory dwelling unit may require rebuilding or substantial renovation to comply with the California Code of Regulations Title 24, as adopted by the City of Palo Alto. In such instances, and where the existing accessory structure does not comply with applicable accessory dwelling unit development standards in the zoning district, the structure may be renovated or rebuilt, provided that: A.(I) If the existing structure does not comply with the applicable development standards for accessory dwelling units in the zoning district, the renovated or rebuilt structure shall not increase the degree of non-compliance, such as increased height or size, or further intrusion into required setbacks; B.(II) The renovated or rebuilt structure provides a minimum three foot setback from any interior side and rear lot lines, and 16 foot setback from any street side property line, if applicable; and C.(III) The renovated or rebuilt structure shall comply with subsection NOT YET ADOPTED 5 ORD 2019-12-18 ADU Amendment Jan 2020 (a)(67), below, pertaining to privacy requirements. D.(IV) Nothing in this subsection (a)(56)(A)(iii) shall restrict or prevent a renovated or rebuilt structure from being designed to achieve or improve compliance with the development standards applicable to an accessory dwelling unit in the zoning district. ivii. No new or separate utility connection shall be required between the accessory dwelling unit and utility service, such as water, sewer, and power. iv. The accessory dwelling unit shall comply with the provisions of subsections (a)(76), (a)(109), and (a)(1110). vi. New floor area may be added to a space converted in accordance with this subsection (a)(65)(A) and, other than the 150 square feet authorized by subsection (a)(5)(A)(i), shall comply with the all regulations set forth in subsection (a), including but not limited to setbacks, maximum accessory dwelling unit size, and height. B. Single-Family Detached ADU. For a lot with a proposed or existing single-family dwelling, one detached, new construction, accessory dwelling unit that does not exceed 800 square feet, nor 16 feet in height, and that provides at least four- foot side and rear yard setbacks shall be permitted. This detached accessory dwelling unit may be established in addition to a junior accessory dwelling unit established pursuant to subsection (a)(5)(A). C. Multi-Family Attached ADU. For a lot with an existing multifamily dwelling structure, an accessory dwelling unit shall be permitted within the portions of the existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of dwelling units permitted shall be at least one and up to 25 percent of the existing multifamily dwelling units on the lot. D. Multi-Family Detached ADU. For a lot that has an existing multifamily dwelling, not more than two detached accessory dwelling units that do not exceed 16 feet in height and that provide at least four-foot side and rear yard setbacks shall be permitted. E. The establishment of accessory dwelling units and junior accessory dwelling units pursuant to this subsection (a)(5) shall not be conditioned on the correction of non-conforming zoning conditions existing as of January 1, 2020; provided, however, that nothing in this section shall limit the authority of the Chief Building Official to require correction of building standards relating to health and safety. (76) Privacy To the extent second story accessory dwelling units are allowed by this Section, second story doors and decks shall not face a neighboring dwelling unit. New NOT YET ADOPTED 6 ORD 2019-12-18 ADU Amendment Jan 2020 second story windows shall have a minimum five-foot sill height from the second floor level, except when a larger window is required for egress. Any window, door or deck of a second story accessory dwelling unit shall utilize techniques to lessen views onto adjacent properties to preserve the privacy of residents. These techniques may include placement of doors, windows and decks to minimize overview of neighboring dwelling units, use of obscured glazing, window placement above eye level, and screening between the properties. (87) Additional Development Standards for Attached Accessory Dwelling Units A. Attached accessory dwelling units are those attached to the primary dwelling. All attached accessory dwelling units, other than those units established pursuant to subsection (a)(5), shall be subject to the additional development requirements specified below. B. B. Attached unit size counts toward the calculation of maximum house size B. Unit Size: The maximum size of an attached accessory dwelling unit living area, inclusive of a habitable basement, shall not exceed 600 850 square feet for one-bedroom, or 1,000 square feet for more than one bedroom, and shall not exceed 50% of the proposed or existing living area of the primary dwelling unit. The accessory dwelling unit and any covered parking provided for the accessory dwelling unit shall be included in the total floor area for the site, but the covered parking area is not included in the maximum 600 square feet for attached unit. The minimum unit size shall be 150 square feetestablished consistent with the Building Code. C. Maximum height (including property in a special flood hazard zone): One story and 17 feet, or no taller than the primary residence at the area of attachment16 feet if located in an Eichler Tract identified in the adopted Palo Alto Eichler Neighborhood Design Guidelines. However, in the RE District attached accessory dwelling units may be two stories and 30 feet. In the OS District, attached accessory dwelling units may be two stories and 25 feet. D. Separate Entry Required for Attached Units: A separate exterior entry shall be provided to serve an accessory dwelling unit. E. Except on corner lots, the accessory dwelling unit shall not have an entranceway facing the same lot line (property line) as the entranceway to the main dwelling unit unless the second entranceway is located in the rear half of the lot. Exterior staircases to second floor units shall be located toward the interior side or rear yard of the property. F. If covered parking for an accessory dwelling unit is provided in the RE zone, the maximum size of the covered parking area for the accessory dwelling unit is 200 square feet. (98) Additional Development Standards for Detached Accessory Dwelling Units NOT YET ADOPTED 7 ORD 2019-12-18 ADU Amendment Jan 2020 A. Detached accessory dwelling units are those detached from the primary dwelling. All detached accessory dwelling units, other than those units established pursuant to subsection (a)(5), shall be subject to the additional development standards specified below. B. The maximum size of the detached accessory dwelling unit living area, inclusive of a habitable basement, shall be 900 square feet for one-bedroom, or 1,000 square feet for more than one bedroom and the minimum unit size shall be 150 square feet established consistent with the Building Code. The accessory dwelling unit and any covered parking shall be included in the total floor area for the site, but the covered parking area is not included within the maximum 900 square feet for detached unit. C. Maximum height (including property in a special flood hazard zone): one story and 17 feet, or one story and 12 16 feet, if located in an Eichler Tract identified in the adopted Palo Alto Eichler Neighborhood Design Guidelines. D. Setbacks and Daylight Plane: Notwithstanding subsection (a)(43)(A), a detached accessory dwelling unit may be located in a rear yard, but must maintain a minimum setback of six four feet (6’4’) from the interior side and rear property lines and sixteen feet (16’) from a street side yard. No basement shall encroach into a required rear yard setback. No portion of a building may encroach into a daylight plane beginning at a height of eight feet (8’) at the property line and increasing at a slope of one foot (1’) for every one foot (1’) of distance from the property line. a. No projections, such as but not limited to windows, doors, mechanical equipment, venting or exhaust systems, shall be permitted to encroach into the required setbacks and daylight plane, with the exception of a roof eave up to two feet. E. If covered parking is provided for an accessory dwelling unit in the RE District, the maximum size of covered parking area for the detached accessory dwelling unit is 200 square feet. (109) Additional Requirements for All Accessory Dwelling Units A. Sale of Units: The Aaccessory dwelling unit shall not be sold separately from the primary residence. B. Short term rentals. The accessory dwelling unit shall not be rented for periods of less than 30 days. C. Number of Units Allowed: Except as provided in subsection (a)(5), Oonly one accessory dwelling unit or junior accessory dwelling unit may be located on any residentially zoned lot. D. Existing Development: An accessory dwelling unit may only be constructed on a lot with a proposed or existing single-family dwelling or, pursuant to NOT YET ADOPTED 8 ORD 2019-12-18 ADU Amendment Jan 2020 subsection (a)(5)(C) and (D), an existing multi-family dwelling. Where a newA single-family dwelling is proposed, the single-family dwelling shall exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. E. Occupancy: The owner of a parcel proposed for accessory dwelling use shall occupy as a principal primary residence either the primary dwelling or the accessory dwelling, unless both the primary dwelling and the accessory dwelling are rented to the same tenant and such tenant is prohibited from sub- leasing the primary dwelling or the accessory dwelling. F.E. Prior to issuance of a building permit for the accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that: includes a prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence; requires owner-occupancy consistent with subsection (a)(10)(E) above; does not permit short-term rentals; and restricts the size and attributes of the accessory dwelling unit to those that conform with this Section 18.42.040. G.F. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. H.G. Street Address Required: Street addresses shall be assigned to all accessory dwellings to assist in emergency response. I.H. Street Access: When parking is provided, the accessory dwelling unit shall have street access from a driveway in common with the main residence in order to prevent new curb cuts, excessive paving, and elimination of street trees, unless separate driveway access is permitted by the director upon a determination that separate access will result in fewer environmental impacts such as excessive paving, unnecessary grading or unnecessary tree removal., and that such separate access will not create the appearance, from the street, of a lot division or two-family use. J.I. For properties listed in the Palo Alto Historic Inventory, the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation, compliance with the appropriate Secretary of Interior’s Standards for the Treatment of Historic Properties shall be required, as determined by the Planning Director. K.J. No protected tree shall be removed for the purpose of establishing an accessory dwelling unit unless the tree is dead, dangerous or constitutes a nuisance under Section 8.04.050. Any protected tree removed pursuant to this subsection shall be replaced in accordance with the standards in the Tree Technical Manual. NOT YET ADOPTED 9 ORD 2019-12-18 ADU Amendment Jan 2020 L.K. Except as modified by this Section 18.42.040, the accessory dwelling unit shall conform to all requirements of the underlying zoning district, any applicable combining district, and all other applicable provisions of this Title 18. (1110) Parking A. No additional parking shall be required for accessory dwelling units. B. If an accessory dwelling unit replaces existing required covered parking, replacement spaces shall be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit. To comply with this requirement, Replacement parking is not required when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit. C. Optional parking for accessory dwelling units may be provided by means of uncovered or tandem spaces may be provided on existing driveways within the required front and street side yards; and covered parking and mechanical automobile parking lifts may be located in required side and rear yard setbacks in compliance with Section 18.40.050. All new parking spaces and structures shall comply with development standards of the underlying zoning and the applicable parking design standards in Chapter 18.54, except as provided below: i. The Director shall have the authority to modify required replacement parking spaces by up to one foot in width and length upon finding that the reduction is necessary to accommodate parking in a location otherwise allowed under this code and is not detrimental to public health, safety or the general welfare. ii Existing front and street side yard driveways may be enlarged to the minimum extent necessary to comply with the replacement parking requirement above. Existing curb cuts shall not be altered except when necessary to promote public health, safety or the general welfare. (b) Junior Accessory Dwelling Units (1) Purposes: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing single family structure and requires owner occupancy in the single family residence where the unit is located. NOT YET ADOPTED 10 ORD 2019-12-18 ADU Amendment Jan 2020 (2) Development Standards. Junior accessory dwelling units shall comply with the following standards: A. Number of Units Allowed: Except as provided in subsection (a)(5), eitherEither one accessory dwelling unit or one junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or restricted by an adopted Coordinated Area Plan or Specific Plan. A junior accessory dwelling unit shall only be located on a lot which already contains one legal single-family dwelling. B. Size: A junior accessory dwelling unit shall not exceed 500 square feet in size. C. Lot Coverage/Floor Area Ratio: i. A junior accessory dwelling unit shall be included in the calculation of lot coverage and floor area ratio applicable to the property. ii. A primary residence with a junior accessory dwelling unit shall be permitted to develop an additional 50 square feet of floor area above the maximum amount of floor area otherwise permitted by the underlying zoning district. D. Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization. E. Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. F. Short term rentals: The junior accessory dwelling unit shall not be rented for periods of less than 30 days. G. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the existing walls of an existing primary dwelling, and shall include, at a minimum, the conversion of an existing bedroom. H. Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwelling unit, with an interior entry to the main living area. A junior accessory dwelling may include a second interior doorway for sound attenuation. I. Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: i. A sink with a maximum waste line diameter of one-and-a-half (1.5) inches, NOT YET ADOPTED 11 ORD 2019-12-18 ADU Amendment Jan 2020 ii. A cooking facility or appliance which does not require electrical service greater than one hundred and twenty (120) volts, or natural or propane gaswith appliances, and iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. J. Parking. No additional parking is required beyond that required at the time the existing primary dwelling was constructed. Any required parking displaced with the establishment of a junior accessory dwelling unit shall be restored in compliance with Section 18.42.040(a)(11)(B). K. Fire Protection; Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit. L. Deed Restriction. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (b)(2)(D) above, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section. SECTION 4. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Council finds that the adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.17, which exempts local ordinances implementing Government Code sections 65852.1 and 65852.2, and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305 because it constitutes minor adjustments to the City’s zoning ordinance to implement State law requirements related to accessory dwelling units as established in Government Code Sections 65852.2 and 65852.22, and these changes are also likely to result in few additional dwelling units dispersed throughout the City. As such, it can be seen with certainty that the proposed action will not have the potential for causing a significant effect on the environment. SECTION 7. This ordinance is adopted for a temporary period pursuant to Palo Alto Municipal Code Section 18.80.090 and as an urgency measure pursuant to Section 2.04.270(d). It shall be NOT YET ADOPTED 12 ORD 2019-12-18 ADU Amendment Jan 2020 effective upon its adoption by four-fifths of the City Council and shall expire upon adoption of a permanent ordinance or January 31, 2021, whichever is earlier. The provisions of this ordinance shall be applicable to applications for accessory dwelling units and junior accessory dwelling units that have not yet received building permits before its effective date. INTRODUCED: PASSED: AYES: NOES: ABSENT: NOT PARTICIPATING: ATTEST: __________________________________ __________________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________________ __________________________________ Assistant City Attorney City Manager __________________________________ Director of Planning & Development Services City of Palo Alto (ID # 10717) City Council Staff Report Report Type: Action Items Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Consideration of New Priority Development and Conservation Areas Title: PUBLIC HEARING: Adoption of Resolutions to Establish a new Priority Development Area (PDA) in Downtown/University Avenue and new Priority Conservation Areas (PCA) in Baylands and Foothills With Proposed or Modified Boundaries, and Consideration of Planning and Transportation Commission's Recommendation for a PDA Designation Along El Camino Real and Other Eligible Areas Citywide. The Application for PDAs and PCAs and the Accompanying Resolution(s) are not a ‘Project’ as Defined by the California Environmental Quality Act (CEQA) and is Exempted From CEQA Review From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends the City Council: 1. Adopt the attached Resolutions designating: (a) A new Priority Development Area (PDA) in Downtown/University Avenue (Attachment E); and, (b) New Priority Conservation Areas (PCAs) in the Foothills and the Baylands (Attachment F). 2. Consider the Planning and Transportation Commission’s recommendation to expand the PDA to all parcels adjacent to El Camino Real. Executive Summary The purpose of this staff report is to provide information for a policy discussion and decision. The topic is the proposed designation of Palo Alto’s Downtown as a new Priority Development Area (PDA), and establishment of two new Priority Conservation Areas (PCA) on publicly owned lands in the Baylands and the Foothills. City of Palo Alto Page 2 Priority Development Areas (PDAs) are intended to concentrate future growth near transit. In 2007, the City designated its first and only PDA, near the California Avenue Caltrain station. There are approximately 200 PDAs distributed throughout the region. The One Bay Area Grant program funds grant investments in PDAs to help focus housing and/or job growth near transit to reduce greenhouse gas emissions and to achieve other goals. The City received a grant to fund the preparation of a new coordinated area plan for north Ventura (NVCAP); the NVCAP area lies within the boundaries of the existing California Avenue PDA. PDAs also factor into the determination of the Bay Area’s regional housing needs assessment, as most growth is projected to occur within these areas. Priority Conservation Areas (PCAs) are regionally significant open spaces identified for long- term protection. There are approximately 165 PCAs currently in the region. The Metropolitan Transportation Commission administers the One Bay Area Grant Program, which includes funds for investment in PCAs. One Bay Area Grant funds can be used for projects within PCAs for project planning, design and construction. There have been two rounds of the One Bay Area Grant Program funding with the most recent providing funding for projects from 2017-18 through 2021-22. The Coastal Conservancy provided additional funds for PCA projects in the South Bay. A third, full round of funding is anticipated in approximately four years, with a potential for a ‘mini-round’ of funding in the near term. Background In 2008, the State Legislature passed Senate Bill 375 (SB 375), directing the California Air Resources Board to set regional targets for reducing greenhouse gas (GHG) emissions. SB 375 established and required cities and counties to be involved in the development of regional plans to achieve the GHG reduction targets. SB 375 also identified the requirement to link land use planning to transportation planning. Finally, SB 375 connects the regional allocation of housing needs and regional transportation planning to meet the goals of reducing GHG emissions. Sustainable Communities Strategy and Plan Bay Area In response to the State requirements under SB 375, the local Council of Governments (COG) updates a Sustainable Communities Strategy (SCS) every four years. The SCS must be aligned with transportation investments for reducing GHG emissions. The local COGs for the San Francisco Bay Area are the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Government (ABAG). The formal name for the SCS for the region is called Plan Bay Area. More information about Plan Bay Area is available online: http://2040.planbayarea.org/about. City of Palo Alto Page 3 In preparing for Plan Bay Area 2050, MTC/ABAG prepares a regional growth framework. This growth framework integrates planning for land use, transportation and other infrastructure, resiliency, environment, and the economy. The three designations that would implement the priorities in Plan Bay Area’s Regional Growth Framework are Priority Conservation Areas (PCAs), Priority Production Areas (PPAs), and Priority Development Areas (PDAs). The regional growth framework aims to focus housing and jobs in PDAs while preserving PCAs. These designations are further described below. 1. Priority Conservation Areas (PCAs) are: • Locations designated for the protection of natural habitats and the preservation of open space for long-term protection; and • Categorized as natural landscapes, agricultural lands, urban green, or regional recreation. 2. Priority Production Areas (PPAs) are: • A new addition to the Plan Bay Area process, piloted this cycle; • Intended to support middle-wage job growth via selected industrial areas close to affordable housing; • Intended to position these areas for future planning and investment; • Areas zoned for industrial use or have high concentration of industrial activities; and • More than a ½ mile away from regional rail station and outside of a PDA. 3. Priority Development Areas (PDAs) are: • Located within an existing community; • Planned areas for future housing and job growth; • Reduce greenhouse gas emissions by offering various transportation options; • Promote greater opportunities for all regardless of race or income; • Within in a ½ mile of frequent transit. Designating PDAs, PPAs and PCAs: Purpose and Participation The purpose of PDAs, PPAs, and PCAs is to help guide growth while achieving preservation of diverse jobs and maintaining conservation areas. The designation of PDAs, PPAs, and PCAs is voluntary. Each city may identify areas for future growth that are near transit, demonstrating that local priorities are consistent with regional goals. By statute, the designations are intended to be incentive-based and local jurisdictions would retain all zoning control. For local jurisdictions that elect to designate PDAs, PPAs, or PCAs, funding is available through competitive grants to conduct planning or implementation activities within the boundaries of the areas. City of Palo Alto Page 4 Discussion Staff proposes the City Council designate one new Priority Development Area and two new Priority Conservation Areas. Proposed Priority Development Area The proposed University Avenue/Downtown PDA is approximately 206 acres, all within a half mile of the existing University Avenue Caltrain Station. Attachment A displays the boundaries of the proposed PDA, which includes parts of Downtown, South of Forest Area (SOFA II), and the Stanford Shopping Center. Designating the Downtown area as a PDA aligns with Council-adopted policies focusing on housing growth in the downtown and improving non-SOV connectivity to and through the Downtown area. The Housing Element and Comprehensive Plan support increased density and focus growth near transit through land use policies, such as the Pedestrian and Transit Oriented Development overlays and Transit-Oriented Residential development, and other policies. Designating this area as a PDA would create opportunities for the City to qualify for potential grant funding to prepare or advance a downtown coordinated area plan, multi-modal transportation planning and investment, or other infrastructure improvements. Since PDAs are intended to concentrate jobs and housing growth, the City can expect an increase in the City’s regional housing needs allocation with designation; however, the amount is not known. Notwithstanding the PDA designation, the state housing and community development (HCD) department has already signaled that significant increases are anticipated for the upcoming housing element cycle as it factors in additional criteria to assess regional housing needs. Plan Bay Area 2040 anticipates better than 75% of the regional housing growth to occur in PDAs and about 60% of the job growth. Planning is currently underway for Plan Bay Area 2050 the state is finalizing its regional housing needs assessment over the next several months. Proposed Priority Conservation Areas Staff proposes two Priority Conservation Areas: (1) the Foothills PCA, and (2) the Baylands PCA. The proposed PCAs are publicly owned, City designated open space lands and dedicated parkland per Chapter 22.08 of the City of Palo Alto Municipal Code. The proposed Foothills PCA is approximately 5,260 acres. The proposed Baylands PCA is approximately 2,629 acres. Attachment B displays the boundaries of the proposed Baylands PCA. The Baylands stretch east of Highway 101 and East Bayshore Road between the southern City boundary and San Francisquito Creek. Attachment C displays the Foothills, located west of Highway 280. These areas have already been identified for preservation as natural open spaces. The 2030 Comprehensive Plan identified each area in Policy N-1.1, which is to “preserve, protect, and City of Palo Alto Page 5 enhance public and private open space and ecosystems of Palo Alto from the Foothills to the Baylands.” Similarly, in Policy N-1.10, Program N1.10.1 recommends using City funds and suggests seeking “additional sources of funding, including State and federal programs, to finance open space acquisition, maintenance, or conservation.” The PCA designation under Plan Bay Area would allow the designated areas in the Baylands and Foothills to become further eligible for conservation funding. The City can use such funding to study and address the impacts of sea level rise and the preservation of open space. Priority Production Area Not Proposed Currently, staff does not recommend designating any areas as Priority Production Areas. For the City Council to designate an area as a PPA, Council would need to identify and zone the area for industrial use. There would need to be a high concentration of industrial activities such as production, advanced manufacturing, distribution, or related activities. The PPA is also intended to link middle-wage job growth close to affordable housing. The areas zoned for industrial use (ROLM) in the City do not have surrounding areas zoned for residential development and do not appear to meet the objectives of a PPA. Planning and Transportation Commission Recommendation Regarding El Camino Real On November 13, 2019, staff presented the proposed PDA and PCAs to the Planning and Transportation Commission (PTC) to receive feedback and recommendation to the City Council.1 The PTC supported staff’s proposal to designate a new PDA in the Downtown/University Avenue and Priority Conservation Areas in the Baylands and the Foothills.2 The PTC also recommended the City Council consider (1) extending the boundaries of the proposed Downtown PDA to include El Camino Real properties where frequent bus services are available (in Attachment A1), and (2) designating additional PDAs in appropriate parts of Palo Alto.3 The Planning and Transportation Commission recommended adding to the new PDA area parcels adjacent to El Camino Real. By extending the PDA along El Camino Real, this would signal the City’s interest to concentrate housing and job growth adjacent to frequent bus transit 1 The video of the meeting can also be found here: https://midpenmedia.org/planning-transportation-commission- 63-11132019/. 2 When this item was presented to the Commission, staff was not aware that a PDA designation would potentially influence the City’s future regional housing needs allocation. It is unknown if individual commissioners would have voted differently had they known this in advance of their vote. Staff has been unable to gain any definitive information from HCD as to the degree a PDA designation would impact the City’s RHNA numbers. 3 Commissioner Summa recused herself from the discussion; Commissioner Waldfogel voted against the establishing a PDA and the PTC’s request to extend it along El Camino Real; he supported the PCA designations. City of Palo Alto Page 6 along the corridor. The Comprehensive Plan and zoning updates identified El Camino Real, California Avenue, and Downtown Palo Alto as key areas for new residential and mixed-used development. The attached resolutions do not reflect the PTC’s recommendation to extend the PDA boundary along El Camino Real. If it is the Council’s interest to approve the PDA designation and change the boundary to incorporate this recommendation, or to include other parts of the City, the resolutions would require an amendment as part of the Council’s motion. Staff is not necessarily opposed to this recommendation and had previously considered making a similar recommendation to the PTC. However, there has not been enough time to understand the potential implications of a large portion of the City being designated as a PDA. Designation The City Council is the required elected body to review and act on the proposed PDA and PCAs before the February 2020 submittal deadline. Council designation of these areas would confirm policies and programs outlined in the 2030 Comprehensive Plan. As explained in Plan Bay Area, PDAs and PCAs are complementary. Promoting compact development in a designated urban area connected to high-quality transportation services allows less development pressure on the region’s natural open space and agricultural lands, enabling preservation of these areas. Regional and State funding was previously allocated to projects demonstrating alignment with regional and/or State priorities. Increasingly, MTC has used Plan Bay Area to inform short-term and long-term transportation investment priorities. The MTC’s previous report of the Plan Bay Area 2040 Investment Strategy provided metrics to identify investment principles. Funding for PDA can be for planning, and for capital projects, such as specific plans and streetscape improvements. Funding for PCAs can be used for street improvements and traffic calming or sea-level rise studies. Over the past six years, the MTC provided over $630 million towards planning and infrastructure projects in PDAs. Commitments PDAs and PCAs are voluntary designations, and as such, do not take precedence over local control. Under Government Code 65080 (b)(2)(K), a sustainable communities’ strategy (Plan Bay Area) does not supersede a city’s land use authority. The city’s land use policies and regulations, including Comprehensive Plan policies, are not required to be consistent with Plan Bay Area. In fact, jurisdictions may ‘un-designate’ these PDAs and PCAs at any point. There are no requirements to amend the City’s policies, codes, or Comprehensive Plan. Staff initiated the PDA and PCAs designation process by sending a Letter of Interest regarding the City’s effort to explore the idea of designating the three areas. A resolution and approval by City Council is required to designate these areas. The deadline for submitting the Resolution and Letter of Confirmation of the nominations to the MTC is the first week of February. City of Palo Alto Page 7 MTC/ABAG staff have advised jurisdictions that the deadline has been extended to late January, with resolutions due the beginning of February. Therefore, staff requests that the City Council discuss and adopt the designation of the new PDA and PCAs; and consider the alternative boundaries as discussed by the Planning and Transportation Commission (PTC). Incentive Based PDAs and PCAs Enable Funding The PTC expressed concerns that designating a site as a PDA or PCA will limit local land use control. Another concern was related to the potential for State actions, such as the state penalizing the city if housing is not realized within the PDA. The State has structured the PDA and PCA program as an incentive-based program, designed to reward jurisdictions for designating areas for conservation and development. While this could change, the City would have advance knowledge of such changes as they would require legislative action. Additionally, the City can undesignated PDAs or PCAs if the program changes significantly. As stated by Government Code 65080, designation of the PDA or PCAs does not supersede local authority. By designating a PDA or PCA, the City would only have this designation in the context of Plan Bay Area and regional funding, including competitive grant applications. The trend of public financing has based eligibility and competitiveness for grants on projects demonstrating a connection between transportation and land use, as well as connection to regional planning. Designation of a PDA is completely voluntary. Designation of this PDA would allow the City to be eligible for future funding necessary to facilitate housing development, planning grants and other capital projects. Policy Implications The proposed Downtown/University PDA and Baylands and Foothills PCAs are consistent with City’s Comprehensive Plan and Housing Element. Housing Element policies direct increased housing density to areas immediately surrounding commercial centers, particularly near transit centers. These policies are consistent with the Plan Bay Area vision for PDAs which supports the development of additional housing around transit facilities and provides opportunities to connect the housing with local jobs and services. While the designation of a PDA in downtown Palo Alto aligns with Council-adopted policies, the designation of a PDA may impact the City’s regional housing needs allocation (RHNA) during the next regional housing needs planning cycle. The methodology for the next RHNA cycle remains under development. Further information regarding the connection between Plan Bay Area 2050—of which the PDAs and PCAs are a part—and the RHNA are described in a memorandum provided by ABAG to local governments considering PCAs and PDAs.4 Because the methodology 4 Memorandum is viewable here: https://cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=61939.27&BlobID=74539 City of Palo Alto Page 8 is still under development, ABAG/MTC staff were reluctant to declare the link between PDAs and a jurisdiction’s RHNA. The RHNA methodology employed for development of the 2015-2023 RHNA Plan (the Plan currently in effect) does provide some insight into how the designation of PDAs may impact Palo Alto’s upcoming RHNA. The 2015-2023 Regional Housing Need Plan for San Francisco Bay Area5 describes, on page 9, that during the development of the 2015-2023 Regional Housing Need Plan, “70 percent of the [San Francisco Bay] region’s housing need is allocated based on growth in PDAs and the remaining 30 percent is allocated based on growth in non-PDA locations.” The 2015-2023 methodology promotes growth in PDAs to support sustainable growth pattern that reduces GHG emissions by increasing use of transit and sustainable transportation options. Assuming the RHNA methodology used for the 2024 RHNA cycle is similar, the designation of a PDA could increase the City’s share of the RHNA. Page 10 of the 2015-2-23 Regional Housing Need Plan illustrates the interplay of multiple factors of the RHNA Methodology. Resource Impact There are no anticipated fiscal or budgetary impacts resulting from the PDA or PCA designation; however, the designation of the PDA and PCA will require staff time to comply with reporting requirements and eventual funding applications. Environmental Review The application for PDAs and PCAs and the accompanying Resolution(s) are not a project as defined by the California Environmental Quality Act (CEQA) and is exempted from CEQA review. Attachments: Attachment A: Proposed Priority Development Area in Downtown/University Ave. Attachment A1: PTC Proposed Priority Development Area Recommendation Attachment B: Proposed Priority Conservation Area in Baylands Attachment C: Proposed Priority Conservation Area in Foothills Attachment D: Draft Resolution of Proposed Priority Development Area Designation of Downtown/University Ave. Attachment E: Draft Resolution of Proposed Priority Conservation Area Designation of Foothills and Baylands 5 Plan is viewable here: https://abag.ca.gov/sites/default/files/2015-23_rhna_plan.pdf. D o w n t o w n P a r k in gA s s e s s m e n tD is t r ic t Downtown/University AvePDA California Ave PDA(Existing) EastPalo Alto Menlo Park Univ e r s i t y AvenueBaysho r e Fr e eway A l m a S t r e e t El C a m i n o R e a l Sand H i l l R o a d Embarca d e r o R o a d San Fra n c i s q u i t o Creek This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Half Mile Radius from Caltrain Stations Proposed Downtown/Univ Ave Priority Dev Area (PDA) Marguerite Stops 22/522 VTA Stops Caltrain Stations City Jurisdictional Limits 0'1335' Pr o p o s e d D o w n t o w n / U n i v e r s i t y A v e PD A CITY O F PALO A L TO IN C O R P O R AT E D C ALIFOR NI A P a l o A l t oT h e C i t y o f A P RIL 16 1 894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto RRivera, 2019-11-12 12:09:30PDA DOWNTOWN 2019NOV (\\cc-maps\Encompass\Admin\Personal\RRivera.mdb) Downtown ParkingAssessmentDistrict Downtown/University AvePDA California Ave PDA(Existing) StanfordUniversity Menlo Park Mountain J u n i p e r o S e r r a B o u le v a r d l Road E l C a m i n o R e a l S a n A nt on i o A v e n u e C h ar l e s to n R o a d O r e g o n Ex p r e s s wa y M i d d l e f i e l d R o a d U niversity 1 0 1 A l m a S t r e e t amino Real F o o t h i E ast B a y s h ore W est B a ys h o r e Fabian S a n d H ill R o a d E m b a r c a d e r o R o a d E m i l y R e n z e l W e t l a n d s n A d o b e C re e k Coast Ca Foreb Matadero Cr eek Matadero Creek A d o b e C r e e k Dry Creek D r y C r e e k Lagunita Lake Creek San F r a nci s q u i to Creek squito Creek This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Half Mile Radius from Caltrain Stations City Jurisdictional Limits Proposed Downtown/Univ Ave Priority Dev Area (PDA) California Avenue PDA (Existing) PTC Proposed El Camino Real Corridor PDA Marguerite Stops 22/522 VTA Stops Caltrain Stations 0' 1900' PT C P D A Re c o m m e n d a t i o n CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto rrivera, 2019-11-18 12:51:30PDA PTOD HOS PCA CALAVE ECR DOWNTOWN 2019NOV (\\cc-maps\Encompass\Admin\Personal\rrivera.mdb) Baylands PCA(Proposed) East Palo Alto O r e g o n E x pr e s s wa y M i d d l e f i e l A v e n u e y s h o r e F r e e w a y 1 0 1 A l m a S t University Av E a st B a y s h o re W e st B a y s h o re E m b a r c a d e r o R o a d San Fra M o u n t a i n V i e w S l o u g h C h a r l e s t o n S l o u g h E m i l y R e n z e l W e t l a n d s H o o k s P o i n t H o o k s I s l a n d S a n d P o i n t H a r r i e t M u n d y M a r s h A d o b e C r e e k S a n F a b e r L a u m e i s t e r T r a c t D u c k P o n d Coast Casey Forebay S h o r e l i n e L a k e W h i s m a n S l o u g h D r y C r e e k Francisquito Creek S a n F r a n c i s This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Half Mile Radius from Caltrain Stations Proposed Priority Conservation Area (PCA) Marguerite Stops City Jurisdictional Limits 0'1500' DR A F T Pr o p o s e d B a y l a n d s P r i o r i t y C o n s e r v a t i o n A r e a ( P C A ) CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto RRivera, 2019-09-14 17:33:41PCA Baylands 2019SEP (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Foothills PCA (Proposed) Los Altos Hills Santa Clara County ateo County Portola Valley 2 B o u l e v a r d P a A r a s t r a d er o R o a d M o n t e B e l l o R o a d Moody Road A l t a m o n t R o a d A l p i n e s s w H i g h w a y 2 8 0 Los Trancos Road Road MillPage Skyline Felt Lake Arastradero Lake Boronda Lake Boronda Lake D ry Cre e kDeer Creek Adobe Creek Adobe QuarryLakes L os Trancos Cree k Arastradero Lake Felt Lake Sobey Pond Foothills Park Los Trancos Open Space Preserve Monte Bello Open Space Preserve Upper Stevens Creek Canyon County Park Skyline Ridge Open Space Preserve Long Ridge Open Space Preserve Russian Ridge Open Space Preserve Coal Creek Open Space Preserve Rancho San Antonio Open Space Preserve Foothill Open Space Preserve Arastradero Preserve Esther Clark Park This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Proposed Priority Conservation Area (PCA) City Jurisdictional Limits 0'2750' DRAFT Proposed Foothills Priority Conservation Area (PCA) CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto RRivera, 2019-09-14 17:43:26PCA Foothills 2019SEP (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) 1 2019111403 NOT YET APPROVED Resolution No. Resolution of the City Council of the City of Palo Alto to Nominate University Avenue/Downtown to the Association of Bay Area Governments and Metropolitan Transportation Commission for Adoption as a Priority Development Area RECITALS WHEREAS, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) are preparing Plan Bay Area 2050 (the Plan), a long-range plan charting the course for the future of the nine-county San Francisco Bay Area; and WHEREAS, the Plan will serve as the Bay Area’s Regional Transportation Plan and Sustainable Communities Strategy, outlining strategies for growth and investment through the year 2050; and WHEREAS, ABAG and the MTC are creating a Regional Growth Framework to be used in the Plan; WHEREAS, this Framework includes locally nominated Priority Development Areas (PDAs) as locations to coordinate local and regional planning for housing, jobs, and future investment; and WHEREAS, the adoption of a PDA does not change the zoning, comprehensive plan, or other land use designation of the geographic area encompassed by the PCA, with local jurisdictions retaining full land use control; WHEREAS, jurisdictions with PDAs have access to regional funding that is dedicated to plans and infrastructure improvements in PDAs; and WHEREAS, the designation of University Avenue/Downtown as a local priority development grant will open funding opportunities for future development and infrastructure improvements. // // // // // // // NOT YET APPROVED 2 2019111403 NOW THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: the Council approves of the designation of University Avenue/Downtown as shown in Attachment A as a Priority Development Area and authorizes the City Manager to submit a nomination to ABAG and MTC to designate this area as a Priority Development Area. INTRODUCED and PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Deputy City Attorney ____________________________ Mayor APPROVED: ____________________________ City Manager ____________________________ Director of Planning & Development Services D o w n t o w nP a r k in gA s s e s s m e n tD is t r ic t Downtown/University AvePDA California Ave PDA(Existing) EastPalo Alto Menlo Park Univ e r s i t y AvenueBaysho r e Fr e eway A l m a S t r e e t El C a m i n o R e a l Sand H i l l R o a d Embarca d e r o R o a d San Fra n c i s q u i t o Creek This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Half Mile Radius from Caltrain Stations Proposed Downtown/Univ Ave Priority Dev Area (PDA) Marguerite Stops 22/522 VTA Stops Caltrain Stations City Jurisdictional Limits 0'1335' Pr e At t a c h m e n t A Pr op o s e d Do w n t o w n / Un i v e r s i t y Av e PD A CITY O F PALO A L TO IN C O R P O R AT E D C ALIFOR NI A P a l o A l t oT h e C i t y o f A P RIL 16 1 894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto RRivera, 2019-11-12 12:09:30PDA DOWNTOWN 2019NOV (\\cc-maps\Encompass\Admin\Personal\RRivera.mdb) NOT YET APPROVED 1 2019111402 Resolution No. Resolution of the City Council of the City of Palo Alto to Nominate the Baylands and Foothills Areas to the Association of Bay Area Governments and Metropolitan Transportation Commission for Adoption as Priority Conservation Areas RECITALS WHEREAS, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) are preparing Plan Bay Area 2050 (the Plan), a long-range plan charting the course for the future of the nine-county San Francisco Bay Area; and WHEREAS, the Plan will serve as the Bay Area’s Regional Transportation Plan and Sustainable Communities Strategy, outlining strategies for growth and investment through the year 2050; and WHEREAS, ABAG and the MTC are creating a Regional Growth Framework to be used in the Plan; and WHEREAS, Priority Conservation Areas (PCAs) are areas of regional and local significance, providing communities and conserving natural wildlife with natural resources in additional to scenic and ecological values for area; and WHEREAS, this Framework includes locally nominated PCAs as locations to coordinate local and regional planning for the conservation of regionally significant open space, farmland, habitat and trails, and to increase public health and active transportation; and WHEREAS, jurisdictions with PCAs have access to regional funding that is dedicated to plans and infrastructure improvements in PCAs; and WHEREAS, the adoption of a PCA does not change the zoning, comprehensive plan, or other land use designation of the geographic area encompassed by the PCA, with local jurisdictions retaining full land use control; and WHEREAS, designation of the Baylands and Foothills areas as regional priority conservation areas will open grant funding opportunities for future conservation, restoration, and recreational projects dedicated to the preservation of both the city and the region. // // // // NOT YET APPROVED 2 2019111402 NOW THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: the Council approves of the designation of the Baylands and Foothills as shown in Attachments A and B as Priority Conservation Areas and authorizes the City Manager to submit a nomination to ABAG and MTC to designate these two areas as Priority Conservation Areas. INTRODUCED and PASSED: AYES: NOES: ABSENT: ABSTENTION: ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Deputy City Attorney ____________________________ Mayor APPROVED: ____________________________ City Manager ____________________________ Director of Planning & Development Services Baylands PCA(Proposed) East Palo Alto O r e g o n E x pr e s s wa y M i d d l e f i e l A v e n u e y s h o r e F r e e w a y 1 0 1 A l m a S t University Av E a st B a y s h o re W e st B a y s h o re E m b a r c a d e r o R o a d San Fra M o u n t a i n V i e w S l o u g h C h a r l e s t o n S l o u g h E m i l y R e n z e l W e t l a n d s H o o k s P o i n t H o o k s I s l a n d S a n d P o i n t H a r r i e t M u n d y M a r s h A d o b e C r e e k S a n F a b e r L a u m e i s t e r T r a c t D u c k P o n d Coast Casey Forebay S h o r e l i n e L a k e W h i s m a n S l o u g h D r y C r e e k Francisquito Creek S a n F r a n c i s This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Half Mile Radius from Caltrain Stations Proposed Priority Conservation Area (PCA) Marguerite Stops City Jurisdictional Limits 0'1500' DR A F T Pr o p o s e d B a y l a n d s P r i o r i t y C o n s e r v a t i o n A r e a ( P C A ) CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto RRivera, 2019-09-14 17:33:41PCA Baylands 2019SEP (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Foothills PCA (Proposed) Los Altos Hills Santa Clara County ateo County Portola Valley 2 B o u l e v a r d P a A r a s t r a d er o R o a d M o n t e B e l l o R o a d Moody Road A l t a m o n t R o a d A l p i n e s s w H i g h w a y 2 8 0 Los Trancos Road Road MillPage Skyline Felt Lake Arastradero Lake Boronda Lake Boronda Lake D ry Cre e kDeer Creek Adobe Creek Adobe QuarryLakes L os Trancos Cree k Arastradero Lake Felt Lake Sobey Pond Foothills Park Los Trancos Open Space Preserve Monte Bello Open Space Preserve Upper Stevens Creek Canyon County Park Skyline Ridge Open Space Preserve Long Ridge Open Space Preserve Russian Ridge Open Space Preserve Coal Creek Open Space Preserve Rancho San Antonio Open Space Preserve Foothill Open Space Preserve Arastradero Preserve Esther Clark Park This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Proposed Priority Conservation Area (PCA) City Jurisdictional Limits 0'2750' DRAFT Proposed Foothills Priority Conservation Area (PCA) CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto RRivera, 2019-09-14 17:43:26PCA Foothills 2019SEP (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) City of Palo Alto (ID # 10789) City Council Staff Report Report Type: Action Items Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: Safe Parking Title: PUBLIC HEARING: Adoption of an Interim Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Temporarily Allow Overnight Safe Parking on Sites in All Zoning Districts With a Church or Religious Institution, Establishing Related Regulations, and Finding the Ordinance Exempt From CEQA Under CEQA Guidelines Section 15301 From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that the City Council: (a) Find the proposed Ordinance exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines; and (b) Adopt an Interim Ordinance (Attachment A) Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Temporarily Allow Overnight Safe Parking as an Ancillary Use to a Churches and Religious Institutions Use in All Zoning Districts Where Churches and Religious Institutions are an Allowed Use, and Establishing Temporary Regulations Related to Safe Parking, Including a Maximum Number of Vehicles Per Night on Each Site. Executive Summary In November 2019, the Policy and Services Committee unanimously recommend that staff draft an ordinance that would enable a Safe Parking pilot program.1 This staff report describes the pilot program, which would be permitted on sites with a legal church or other religious institutions use. The accompanying ordinance, if passed into law, enacts the pilot program. 1 From draft meeting minutes: “…staff draft accompanying regulations and code changes, to bring the Proposed Code Amendments directly to the City Council, have the Safe Parking Program engage in a 3-month pilot program…” City of Palo Alto Page 2 Safe parking refers to programs and places which allow households dwelling in their vehicles to park vehicles in a designated off-street parking lot overnight. The programs provide a place for the households to park during the evening and nighttime hours, as well as connect the households to services, and a path to stable, permanent housing. The programs aim to address the growing number of households in Palo Alto dwelling in vehicles. Several neighboring communities have launched pilot or permanent safe parking programs (Attachment B). Background On June 10, 2019, the Palo Alto City Council discussed a Colleagues’ Memorandum2 regarding safe parking. The City Council voted 5-1 (Tanaka dissenting, DuBois absent) to refer the item to the Policy and Services Committee. The Council Motion directed the Policy and Services Committee to craft program details to bring back to the City Council.3 The motion tasked the Policy and Services Committee to consider several aspects of the program, including location and nonprofit partnership. On September 10, 2019, the Policy and Services Committee met and considered a staff report and presentation which described general trends and standards of operation for Safe Parking programs.4 The Committee considered this information as well as testimony provided by members of the public, including congregations interested in hosting safe parking and an organization interested in operating safe parking programs at congregations. The Committee unanimously passed a motion that directed staff to “return [to the Committee] with a safe parking program for up to four vehicles on private property containing religious institutions (Tier 1).”5 The Committee expressed a strong interest for a Tier 1 plan to return quickly given the small scale of the program, willingness of property owners to provide space for overnight parking, and the community’s needs. On November 12, 2019, the Policy and Services Committee considered a proposed Tier 1 safe program. The Committee voted unanimously to: “to recommend to the City Council to direct Staff to draft accompanying regulations and code changes, to bring the Proposed Code Amendments directly to the City Council, have the Safe Parking Program engage in a 3 month pilot program, including using the notification system of the Conditional Use Permit of 600 feet to notify neighbors, and to direct Staff to construct a Safe Parking Program table with comparisons that include data from other cities.” 2 Colleagues’ Memorandum: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=41728&BlobID=71688 3 Minutes from 6-10-19 City Council meeting: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=71062.13&BlobID=72707 4 Staff report from 9-10-19: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=53413.28&BlobID=73215 5 Minutes from Policy & Services Committee meeting on 9-10-19: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=48524.18&BlobID=73675 City of Palo Alto Page 3 In accordance with direction provided at the November 12 Policy and Services Committee, the attached Ordinance is before the City Council for consideration (Attachment A). Discussion Safe parking programs operate in a growing number of communities throughout the Bay Area, including the nearby cities of East Palo Alto and Mountain View. Safe parking programs provide households dwelling in their vehicles with a safe place to park their vehicles overnight. While each program has specific parameters, generally safe parking programs provide overnight parking, connect participants to local social service agencies and programs, and seek to help individuals create and execute a path to stable housing. The September 10, 2019 staff report provides a thorough overview of safe parking programs.6 Tier 1 Program The Policy and Services Committee recommended the Palo Alto Tier 1 Safe Parking Program be instituted with the parameters, processes, and conditions that have been included in the proposed ordinance. The ordinance includes the following: 1. The Tier 1 safe parking program would be limited to four or fewer vehicles parked for a limited duration and subject to standards of operation (below). 2. Any approved safe parking program would be valid only for the duration of the pilot program unless Council takes action to extend the program’s duration. Specifically, the ordinance expires in March 2022 (approximately 2 years after adoption). Furthermore, any approved application is valid for 90 days; such permits are eligible for automatic 9- month renewal if the program operates according to the standards and conduct of use and other conditions as imposed by the ordinance. 3. Safe parking programs could only be established on private property that also contains a religious institution. 4. All operations are subject to permit application and approval. Application and Approval Process 1. Application – Applications shall be submitted by a legally permitted church or religious institution proposing to host a safe parking program. The application shall be filed in a format prescribed by the Director of Planning and Development Services (Director). The application will include the contact information for the congregation, a signed contract with a safe parking program provider, evidence of case management services, a site plan which indicates the designated safe parking area, restroom and handwashing facilities, and adherence to all standards of operation. 2. Director’s Decision – Once an application has been completed, it will be reviewed. The Director may approve the permit only after finding that: 6 https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=53413.28&BlobID=73215 City of Palo Alto Page 4 a. The proposed Safe Parking use complies with the standards of operation listed in Section 18.38.160(f); b. The proposed Safe Parking use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area; and c. The proposed site is adequate in size and shape to accommodate the Safe Parking use. 3. Once the Director’s decision has been made, public notice will be mailed to all residents and property owners within 600 feet of the proposed safe parking location. 4. Those who live or own property within the 600-foot radius are eligible to file an appeal within fourteen (14) calendar days after the notice is mailed. 5. Appeals of the Director’s decision shall be made directly to City Council and shall be placed on the consent agenda within 45 calendar days. At that time, the City Council may: a. Adopt the findings and recommendation of the Director; or b. Remove the recommendation from the consent calendar, which shall require three votes, following which the City Council shall adopt findings and act on the application. Staff initially proposed the noticing and appeal radius be limited to immediately adjacent properties, like the individual review notice provided for the construction of new two-story homes. The Committee felt that providing a wider notice radius would allow concerns from neighbors to be addressed in a public forum. Staff initially proposed the pilot program last for 18 months. The Committee felt the time period should be shortened to three months to help assure concerned neighbors that, should a permit holder fail to follow the conditions of approval, the permit could and would be revoked. As a result, the proposed ordinance provides an initial 90-day duration of permits (3 months), followed by a renewal for 270 days (9 months) if all the standards and conduct of use and other conditions as imposed by the ordinance are followed within the first 90 days. Any complaints received regarding violation of the standards would be reviewed and addressed by the City’s Code Enforcement officers. At this time, code enforcement resources are limited to one full- time officer and one part-time officer. Nevertheless, this important program would be a priority for Code Enforcement. Should a safe parking program violate the condition of approval beyond the 90-day period, the ordinance provides a process for revoking the permits for those who do not adhere to the conditions of approval. This duration attempts to balance the need to carefully monitor the potential tension between safe parking and neighbors while also providing permit holders time to successfully begin operations. Renewing a permit every 90 days would pose a barrier to the program operators, City of Palo Alto Page 5 permit holders, and city staff. Program operators and congregations expressed dismay that the permit would be reduced to only 90 days. This proposed duration, however, may still discourage congregations from hosting a safe parking program. The uncertainty may prevent them from entering into contractual agreements with safe parking program operators. Likewise, the uncertainty may deter congregations or program operator may not make necessary investments to begin the program. Finally, donors and grantors may be reluctant to provide support for the operators or congregations. A permit duration of 1 year with an option for administrative renewal for an additional year may provide more assurance for congregations. City Council should carefully consider the appropriate permit duration. Council should note the interim ordinance itself expires in 2 years (March 1, 2022). This 2-year duration allows Council, community, and staff to learn from this pilot project and craft a long- term program. During this two-year time period staff can develop and propose to the Policy and Services Committee and City Council Tier 2 and Tier 3 safe parking programs. Tier 2 programs would allow owners of private parking lots to host safe parking programs with more than 4 vehicles. Tier 3 programs would safe parking programs hosted on city-owned parking lots. Tier 1 Program Standards of Operation The Committee considered and supported the following standards of operation. 1. Hours of Operation - Hours of operation be limited to 6:00 pm – 8:00 am. Hours of operation must occur within that timeframe; specific hours are at the discretion of the applicant. Vehicles may not enter the parking lot prior to the stated opening time (in the evening) nor may vehicles remain after that stated closing time (in the morning). Permit holders shall ensure the safe and orderly arrival in the evening and departure of participants in the morning. 2. Required Facilities – Permit holder must provide program participants with access to restroom facilities that shall include a toilet and handwashing sink. It is highly recommended, though not required, that applicants provide shower facilities. Restroom and/or shower facilities may be internal to the permit holder’s property or mobile facilities provided specifically and exclusively to serve the safe parking program participants. 3. Contact Information – Permit holder shall post emergency contact information on the premises, including 911, the police non-emergency number, and a contact phone number for staff affiliated with the operation of the safe parking program. This contact would be available throughout the night and the first contact for non-emergency matters. 4. Verified Partnership with the Santa Clara County Homeless Management Information System and Coordinated Entry System – Permit holders must provide affirmative proof that the safe parking program operator at their site has entered into a Homeless City of Palo Alto Page 6 Management Information System partner agreement with Santa Clara County. Permit holders must also provide case management services to safe parking program participants. These services can be provided by the permit holder, by the safe parking program operator, or a designated third party. Case management helps facilitate the transition into permanent housing. 5. Safe, Cleanly, Orderly Premises - Permit holders shall maintain their premises in a safe, cleanly, and orderly manner. Premises shall be free of debris, refuse, and waste of any kind. 6. Revocation – A permit to operate a safe parking program may be revoked if the use is found to be detrimental to public health, safety, or the general welfare. Revocation proceedings would require a noticed public hearing. Staff proposed and the Committee also considered and supported the following condition: Quiet Hours – 10:00 pm – 7:00 am shall be quiet hours on the premises. No music or other noise shall emanate from the premises that would exceed the noise ordinance. Additional noise restrictions beyond the noise ordinance may be imposed on generators. On further review, this condition appeared to be redundant as the City’s noise ordinance applies to this site in the same manner it applies throughout the City. This condition also did not specifically address the issue at hand. Instead, staff now proposes that the ordinance provide: “No audio, video, or other amplified or mechanical sound may be played or generated that is audible outside participants’ vehicles.” Policy Implications To arrive at the above recommendations and proposed ordinance, Palo Alto City staff conferred with operators of safe parking programs and cities that support the operation of these programs. During these conversations, participants emphasized that while safe parking programs can and do help participating households find permanent, stable housing, the effect of these programs on vehicle dwelling is limited because the number of households dwelling in vehicles (including recreational vehicles, cars, vans, box trucks, or other vechicles) likely exceeds the number of safe parking spots available. However, if safe parking programs are not available, more households will continue to dwell in vehicles parked on public streets. Finally, and importantly, there are not enough units of affordable housing available to serve the households who participate in safe parking programs. Nor are there enough affordable housing units to serve all households dwelling in vehicles. In other words, vehicle dwelling is a symptom of the regional housing affordability and supply crisis; without solutions to that larger-scale issue, safe parking remains a small but meaningful piece of assisting households who are thrust into homelessness because of the affordability crisis. City of Palo Alto Page 7 An ordinance amending the Zoning Code would typically go to the Planning and Transportation Commission (PTC) for consideration and recommendation before returning to Council. However, the Palo Alto Municipal Code allows Council to streamline procedural requirements for temporary regulations when necessary for the public health, safety or welfare.7 This ordinance is an interim ordinance that would sunset and be repealed in approximately two years. Staff proposed and the Committee supported this course of action. The Committee felt a great sense of urgency to address the human impacts of the housing crisis and provide relief that safe parking offers to marginalized members of the Palo Alto community. In addtion, a safe parking operator in Mountain View testified to the availability of funding to support expansion. In addition, Palo Alto congregations attended the Committee meetings and declared their intent to host safe parking. Given this, the Policy and Services Committee recommended the ordinance come directly to the City Council. Resource Impact The resources required to administer this program can be absorbed into the existing budget of the Planning and Development Services Department. The program requires staff level review of applications; answering questions of applicants and/or potential applicants; consideration by the Director of Planning and Development Services; issuance of a decision; distribution of the decision letter; and tasks related to preparing for City Council if an appeal is filed and an appeal hearing is scheduled; consideration of renewal permits; receipt of and investigations of complaints and/or code violations. At this time, the pilot program does not include any application fees. The imposition of an application fee could be a barrier that discourages congregations from participating. Through this pilot program, the City can ascertain the demand for this permit, the success of the program, and consider appropriate fees in future iterations of the program. Timeline This proposed ordinance requires two readings. After its second reading, the proposed ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire upon adoption of replacement legislation by the City Council or on March 1, 2022, whichever occurs first. Stakeholder Engagement Stakeholder engagement included phone interviews and follow up conversations and participation in public meetings. The conversations included staff interviews to understand more about safe parking operations. In addition, staff discussed proposed parameters of the 7 PAMC Section 18.80.090 (Excerpt) …. Nothing in this section shall prevent the city council from changing or suspending operation of any provision of this title for temporary periods when in the determination of the council such suspension or change is necessary for the public health, safety or welfare. In such case, planning commission review shall not be required City of Palo Alto Page 8 pilot program with a safe parking operator to solicit feedback. Program parameters were also discussed with interested congregations to solicit feedback. The topic of safe parking and the pilot program has been featured before the City Council (June 10, 2019), and two sessions of the Policy and Services Committee (September 10 and November 12). Several congregations and one safe parking program operator attended the Policy and Services Committee meetings, offering public comment. In addition, the Committee members asked several questions of the congregations as well as the program operators. Laslty, staff met with safe parking operators and potential host congregations in the preparation of the ordinance to review the proposed standards of operation. Throughout these interactions, the potential participating congregations and safe parking operator(s) have provided helpful feedback and expressed support for the direction the pilot program is taking. Environmental Review The Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, which applies to minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use. Adopting the Ordinance to allow the use of existing parking lots for temporary overnight safe parking would not constitute any significant expansion of use. CEQA Guidelines Section 15061(b)(3) also applies to the adoption of the Ordinance because it can be seen with certainty that there is no possibility that the activity of limited parking overnight in existing parking lots may have a significant effect on the environment. The potential exceptions to the categorical exemption in CEQA Guidelines Section 15300.2 are not applicable. Use of existing parking lots in the operation of temporary safe parking does not impose a significant cumulative impact over time as the use as a parking lot is generally unchanged and the safe parking use is limited to a short duration; it is not an unusual circumstance to modify the hours of use of existing facilities, and there is nothing unusual about the size or location of the existing parking lots at which temporary overnight safe parking would be allowed; the use of existing parking lots does not adversely impact scenic or historical resources; and the Ordinance does not involve hazardous sites as it relates to existing parking lots and no ground disturbance would result from implementation of the Ordinance. Attachments: Attachment A Ordinance (PDF) Attachment B Safe Parking Comparison Table (DOCX) * NOT YET ADOPTED * 2019122302 1 Ordinance No. ____ Interim Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Adopt Temporary Regulations Relating to Safe Parking The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. The City Council finds and declares as follows: A. The number of households dwelling in vehicles has grown substantially in the past decade. The lack of stable, affordable housing and other life circumstances have contributed to this growth. B. On thoroughfares throughout the city, individuals, families, and households of many kinds can be found dwelling in recreational vehicles, trucks, vans, cars, and other motorized vehicles. C. The City must, for the health, safety, and welfare of the community, identify and implement short-term and long-term solutions that support these households as they pursue and ultimately secure affordable, stable housing. Safe parking programs, which offer off-street, authorized parking spots in parking lots for households dwelling in their vehicles, represent a short-term solution. D. Churches and other religious institutions have expressed a desire and willingness to make their parking areas available for safe parking programs. Allowing such legally operating churches and other religious institutions to host safe parking programs for up to four vehicles in their parking lots overnight provides assistance to homeless households as they seek and follow a path towards stable housing. The provision of such assistance is a use consistent with the mission and purpose of many congregations and religious institutions. E. The presence of four vehicles in such parking lots overnight and the accompanying administration of assistance is a minor additional use that would not conflict with the primary use of the properties nor threaten the health, safety, or welfare of the community or its inhabitants. The administration of such programs serves to enhance the health, safety, and welfare of the community. // // // * NOT YET ADOPTED * 2019122302 2 SECTION 2. The Accessory and Support Uses portion of Table 1 of Section 18.12.030 (Land Uses) of Chapter 18.12 (R-1 Single-Family Residential District) of Title 18 (Zoning) is hereby amended as follows: 18.12.030 Land Uses The permitted and conditionally permitted uses for the single family residential districts are shown in Table 1: TABLE 1 PERMITTED AND CONDITIONALLY PERMITTED LOW-DENSITY RESIDENTIAL USES R-1 and all R-1 Subdistricts Subject to Regulations for: ACCESSORY AND SUPPORT USES Accessory facilities and uses customarily incidental to permitted uses with no more than two plumbing fixtures and no kitchen facility, or of a size less than or equal to 200 square feet P 18.04.030(a)(3) 18.12.080 Accessory facilities and uses customarily incidental to permitted uses with more than two plumbing fixtures (but with no kitchen), and in excess of 200 square feet in size, but excluding second dwelling units CUP 18.12.080 Home occupations, when accessory to permitted residential uses P 18.42.060 Horticulture, gardening, and growing of food products for consumption by occupants of the site P Accessory Dwelling Units P(1) 18.42.040 Junior Accessory Dwelling Unit P(1) 18.42.040 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS AND ASSEMBLY USES Private Educational Facilities CUP Churches and Religious Institutions CUP . . . SECTION 3. The Accessory and Support Uses portion of Table 1 of Section 18.13.030 (Land Uses) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is hereby amended as follows: 18.13.030 Land Uses Table 1 specifies the permitted and conditionally permitted land uses in the multiple-family residence districts. * NOT YET ADOPTED * 2019122302 3 TABLE 1 MULTIPLE FAMILY RESIDENTIAL USES [P = Permitted Use • CUP = Conditional Use Permit Required] RM-20 RM-30 RM-40 Subject to regulations in: ACCESSORY AND SUPPORT USES Accessory Facilities and uses customarily incidental to permitted uses P P P Chapter 18.40 Accessory Dwelling Unit when accessory to permitted single-family residence P(1) & (4) P(1) & (4) P(2) & (4) 18.42.040 Home Occupations, when accessory to permitted residential uses P P P Chapter 18.42 Horticulture, Gardening, and Growing of food products for consumption by occupants of a site P P P Surface Parking Facilities located on abandoned railroad rights-of-way CUP CUP Safe Parking 18.42.160 EDUCATIONAL RELIGIOUS, AND ASSEMBLY USES Churches and Religious Institutions CUP CUP CUP Private Clubs, Lodges, or Fraternal Organizations, excluding any such facility operated as a business for profit CUP Private Educational Facilities CUP CUP CUP . . . SECTION 4. The Accessory and Support Uses portion of Table 1 of subsection (a) of Section 18.16.040 (Land Uses) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts) of Title 18 (Zoning) is hereby amended as follows: 18.16.040 Land Uses . . . (a) Commercial Zones and Land Uses Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1: * NOT YET ADOPTED * 2019122302 4 TABLE 1 MULTIPLE FAMILY RESIDENTIAL USES [P = Permitted Use • CUP = Conditional Use Permit Required] LAND USE CN (4) CC, CC(2) CS (4) Subject to Regulations In: ACCESSORY AND SUPPORT USES Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use. P P P 18.42 Drive-in services or take-out services associated with permitted uses(3) CUP CUP CUP 18.42 Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet. CUP 18.42, 18.40.160 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P P Churches and Religious Institutions P P P Private Educational Facilities CUP P P Private Clubs, Lodges, or Fraternal Organizations CUP P P . . . // // // // // // // // * NOT YET ADOPTED * 2019122302 5 SECTION 5. The Accessory and Support Uses portion of Table 1 of Section 18.18.050 (Land Uses) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is hereby amended as follows: 18.18.050 Land Uses TABLE 1 CD PERMITTED AND CONDITIONALLY PERMITTED USES P = Permitted Use • CUP = Conditional Use Permit Required CD-C CD-S CD-N Subject to Regulations In Chapter: ACCESSORY AND SUPPORT USES Accessory facilities and activities associated with or essential to permitted uses, and operated incidental to the principal use P P P Drive-in or Take-out Services associated with permitted uses (2) CUP CUP CUP Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet CUP 18.40.160 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P P Churches and Religious Institutions P P P Private Educational Facilities P P CUP Private Clubs, Lodges, or Fraternal Organizations P P CUP . . . SECTION 6. The Accessory and Support Uses portion of Table 1 of subsection (a) of Section 18.20.030 (Land Uses) of Chapter 18.20 (Office, Research, and Manufacturing (MOR, ROLM, RP and GM) Districts) of Title 18 (Zoning) is hereby amended as follows: 18.20.030 Land Uses (a) Permitted and Conditionally Permitted Land Uses Table 1 lists the land uses permitted or conditionally permitted in the industrial and manufacturing districts. * NOT YET ADOPTED * 2019122302 6 TABLE 1 Industrial/Manufacturing District Land Uses [P = Permitted Use • CUP = Conditional Use Permit Required] MOR ROLM ROLM(E) RP RP(5) GM Subject to Regulations In Chapter: ACCESSORY AND SUPPORT USES Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use. P P P P Chs.18.40, 18.42 Automatic Teller Machines P P P P 18.20.030(d) Home Occupations, when accessory to permitted residential uses. P P P P Chs. 18.40, 18.42 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P Religious Institutions P P P Colleges and Universities P P P Private Clubs, Lodges, or Fraternal Organizations CUP CUP CUP CUP Private Schools (K-12) CUP CUP CUP CUP . . . SECTION 7. The Accessory and Support Uses portion of Table 1 of Section 18.28.040 (Land Uses) of Chapter 18.28 (Special Purpose (PF, OS and AC) Districts) of Title 18 (Zoning) is hereby amended as follows: 18.28.040 Land Uses Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special Purpose Districts. // // // // * NOT YET ADOPTED * 2019122302 7 TABLE 1 Land Uses PF OS AC Subject to Regulations In Chapter: ACCESSORY AND SUPPORT USES Accessory facilities and accessory uses P Chs. 18.40, 18.42 Eating and drinking services in conjunction with a permitted use CUP(1) Retail services as an accessory use to the administrative offices of a non-profit organization, provided that such retail services do not exceed 25% of the gross floor area of the combined administrative office services and retail service uses CUP(1) Retail services in conjunction with a permitted use CUP(1) Sale of agricultural products produced on the premises; provided, that no permanent commercial structure for the sale or processing of agricultural products shall be permitted. P Accessory dwelling units, subject to regulations in Section 18.42.040 P(2) 18.42.040 Junior accessory dwelling unit P(2) 18.42.040 Safe Parking 18.42.160 AGRICULTURAL AND OPEN SPACE USES Agricultural Uses, including animal husbandry, crops, dairying, horticulture, nurseries, livestock farming, tree farming, viticulture, and similar uses not inconsistent with the intent and purpose of this chapter P P Botanical conservatories, outdoor nature laboratories, and similar facilities P Native wildlife sanctuaries P Park uses and uses incidental to park operation P EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business or trade schools CUP (1) Churches and religious institutions CUP (1) Educational, charitable, research, and philanthropic institutions CUP Private educational facilities CUP (1) Public or private colleges and universities and facilities appurtenant thereto CUP Special education classes CUP(1) . . . * NOT YET ADOPTED * 2019122302 8 SECTION 8. The Accessory and Support Uses portion of Table 1 of Section 18.36.040 (Land Uses) of Chapter 18.36 (Hospital (HD) District) of Title 18 (Zoning) is hereby amended as follows: 18.36.040 Land Uses The uses of land allowed by this chapter in the HD district are identified in the following table. Land uses that are not listed on the table are not allowed, except where otherwise noted. Permitted and conditionally permitted land uses for the HD district are shown in Table 1: TABLE 1 HD Permitted and Conditional Uses LAND USE HD Subject to Regulations in: ACCESSORY AND SUPPORT USES Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use P Ch. 18.40, 18.42 Eating and drinking services in conjunction with a permitted use P Retail services in conjunction with a permitted use P Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Churches and religious institutions P Public or private colleges and universities and facilities appurtenant thereto CUP . . . SECTION 9. Chapter 18.38 (PC Planned Community District Regulations) of Title 18 (Zoning) is hereby amended to add a new Section 18.38.180 (Safe Parking) to read as follows: 18.38.180 Safe Parking Safe Parking in compliance with Section 18.42.160 of this code is allowed on any site in the PC district with a legal Church or Religious Institution use. SECTION 10. Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) is hereby amended to add a new Section 18.42.160 (Safe Parking) to read as follows: 18.42.160 Safe Parking The following regulations apply to zoning districts where safe parking use is permitted. * NOT YET ADOPTED * 2019122302 9 (a) Purpose The intent of this section is to establish regulations to govern the operation of safe parking programs at churches and religious institutions within the city of Palo Alto. The safe parking programs provide interim assistance to households using vehicles as their residence by providing a safe place to park, access to restroom facilities, connection to social service programs, and other support to transition households into permanent, stable housing. (b) Definitions (1) “Safe Parking” means the providing of shelter of homeless persons as an incidental use to an existing, legal Church or Religious Institution use where the shelter is provided in vehicles located in designated paved Safe Parking Areas. (2) “Safe Parking Area” means the paved area where the vehicles are parked for the Safe Parking use. (3) “Safe Parking Program Operator” means an agency or organization that facilitates, administers, oversees, and provides staffing for Safe Parking uses in Safe Parking Areas. (c) Safe Parking Permit Required (1) Permit required. No person shall operate, allow, permit or suffer a Safe Parking use without approval of a valid safe parking permit. (2) Application requirements. All applications pursuant to this Section shall be filed with the Director in a form prescribed by the Director. The application form shall contain a list of information that must be submitted in order for the application to be deemed complete. (3) Receipt of application. No application shall be deemed received until the following have been provided to the Planning and Development Services: (i) An application fee as set forth in the Municipal Fee Schedule; and (ii) All documents specified as part of the application in this Section or on the application form. (d) Decision and Appeal. Notwithstanding the provisions of Chapter 18.77, the procedures of this Section shall apply to all safe parking permits. (1) Authority and Findings. The Director may approve a safe parking permit only after finding that: * NOT YET ADOPTED * 2019122302 10 (i) The proposed Safe Parking use complies with the standards listed in subsection (f) of this Section 18.38.160. (ii) The proposed Safe Parking use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area. (iii) The proposed site is adequate in size and shape to accommodate the Safe Parking use. The application shall be denied where the information which is either submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings. (2) Decision by Director. (i) The Director shall prepare a written decision to approve, approve with conditions, or deny the application. (ii) Notice of the Director’s decision shall be given by mail to owners and residents of property within 600 feet of the subject property. The notice shall include the address of the property, a brief description of the proposed use, a brief description of the Director’s decision, and a description of how to appeal the decision. (iii) The Director’s decision shall become final fourteen (14) days after the date the notice is mailed unless an appeal is filed. The Director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the decision. (3) Filing of Appeal and Withdrawal. Notwithstanding the provisions of Chapter 18.78, the process set forth in this subsection (d)(3) and subsections (d)(4)-(d)(5) below of this Section shall apply to appeals of the Director’s decision on safe parking permits. (i) The applicant or subject property owner, or owners or residents of a property within 600 feet of the subject property, may file an appeal of the Director’s decision by filing a written request with the City Clerk before the date the Director’s decision becomes final. The written request shall be filed in a manner prescribed by the Director and shall be accompanied by a fee, as set forth in the Municipal Fee Schedule. (ii) At any time prior to the hearing, the person requesting the hearing may withdraw the request. If the hearing request is withdrawn and fourteen (14) days have lapsed from the mailing date of the notice under subsection (iii), the proposed Director’s decision shall be final. * NOT YET ADOPTED * 2019122302 11 (4) Decision by the City Council on Appeal. If a timely appeal is received by the City Clerk, and not withdrawn, the Director’s decision shall be placed on the consent calendar of the City Council within 45 days. The City Council may: (i) Adopt the findings and recommendation of the Director; or (ii) Remove the recommendation from the consent calendar, which shall require three votes, following which the City Council shall adopt findings and take action on the application. (5) Decision by the City Council Final. The decision of the City Council on appeal is final. (e) Duration of Permits. (1) Initial term. Permits shall be valid for a period of up to 90 calendar days unless suspended or revoked sooner as set forth in this Section. (2) Extension term. If the Director does not find any violation of the permit conditions or this Section during the initial 90-day period, the permit shall be automatically extended for up to an additional 270 calendar days. (3) Renewal term. If the Director does not find any violation of the permit conditions or this Section during the 270-day extension period, the permit shall be renewed and be valid for a period of up to one year or the expiration of this interim Ordinance No. ___________, whichever is earlier. (4) Expiration of interim ordinance. In no event shall a permit be valid beyond the expiration date of interim Ordinance No. ___________. (f) Standards and Conduct of Use The following standards shall apply to all Safe Parking uses: (1) Qualifying site. Safe Parking may be allowed on a parcel with an existing, legal Church or Religious Institution use. (2) Number of vehicles. At no time shall more than four (4) vehicles be used for Safe Parking. (3) Hours of operation. A Safe Parking use may only occur between the hours of 6:00 p.m. and 8:00 a.m. (4) Noise. Audio, video, generator, or other amplified sound that is audible outside the vehicles parked in the Safe Parking program is prohibited. * NOT YET ADOPTED * 2019122302 12 (5) Shelter in vehicles. All persons receiving Safe Parking shall shelter within the vehicles. No person shall be housed in tents, lean-tos, or other temporary facilities. (6) Required facilities. Accessible restroom facilities, including a toilet and handwashing sink, shall be available to persons utilizing the site for Safe Parking at all times during the hours of operation. These facilities may be the existing onsite facilities or mobile facilities brought onsite on a temporary basis to serve persons utilizing Safe Parking. (7) Contact information. The following emergency contact information shall be posted on site in a place readily visible to persons utilizing Safe Parking: (i) a contact phone number for the Safe Parking Program Operator; (ii) the police non-emergency phone number; and (iii) 911. The Safe Parking Program Operator shall be available at all hours of operation at the posted phone number and shall be the first contact for non-emergency matters. (8) Connection to county case management system. The Safe Parking use shall be managed and operated by a Safe Parking Program Operator that participates in the federal Homeless Management Information System with Santa Clara County or other county. (9) Safe, clean, orderly premises. The Safe Parking Area and other onsite areas accessed by persons utilizing Safe Parking shall be maintained in a safe, clean and orderly condition and manner. (10) Compliance with laws. The Safe Parking use shall be operated in a manner that is fully in conformance with all State and local laws including regulations and permit requirements. (g) No Assignment of Permit. No person shall assign or transfer a safe parking program permit issued under this Section. (h) Suspension, Revocation and Modification (1) Grounds for suspension, revocation or modification. The Director may suspend, revoke or modify a permit, according to the procedures set forth in subsection (h)(2) below, if the Director finds that: (i) Operation of the safe parking program violates any provision of this Section, other applicable provision of this Code, or state law; or (ii) Operation of the safe parking program is detrimental to public health, safety or the general welfare. * NOT YET ADOPTED * 2019122302 13 (2) Procedure for suspension, revocation or modification of approval. (i) Public hearing by Director (a) Notice to permit holder. Whenever the Director believes that grounds for the suspension, revocation, or modification of a permit exist, the Director shall give the permit holder written notice of the date, time and place of a hearing to be held before the Director on whether the permit should be suspended, revoked, or modified. The notice shall state the alleged grounds for the proposed revocation, suspension or modification of the permit, and the notice shall be served on the permit holder by mail at least ten (10) days prior to the hearing at the most recent home or business address on file with the Planning and Development Services. (b) Notice to public. Notice of the hearing shall be given at least ten (10) days prior to the hearing by mailing to all residents and owners of property within 600 feet of the subject property. (ii) Decision of the Director. (a) Within ten (10) days following the hearing, the Director shall prepare a written decision to revoke, suspend, modify, or leave unchanged the permit. (b) Notice of the decision shall be provided by mail to the permit holder, by posting on the Planning and Development Services’ website and by email to other interested persons who requested notice to the Planning and Development Services. (c) The Director’s decision shall become final ten (10) days after the notice is mailed to the permit holder unless a timely appeal is filed. (iii) Request for appeal hearing. The permit holder or subject property owner, or owners or residents of a property within 600 feet of the subject property may file an appeal of the Director’s decision with the City Clerk. The appeal shall be filed in written form in a manner prescribed by the Director. (iv) Decision by the City Council on appeal. If a timely appeal is received by the City Clerk, and not withdrawn, the Director’s decision shall be placed on the consent calendar of the City Council within 45 days. The City Council may: (a) Adopt the findings and recommendation of the Director; or * NOT YET ADOPTED * 2019122302 14 (b) Remove the recommendation from the consent calendar, which shall require three votes, following which the City Council shall adopt findings and take action on the application. (v) Effective date of revocation, suspension or modification. The decision of the City Council is final. The revocation, suspension or modification will be effective five (5) days after mailing of the decision addressed to the permit holder. SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 12. The Council finds that the Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, which applies to minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use. Adopting the Ordinance to allow the use of existing parking lots for temporary overnight safe parking would not constitute any significant expansion of use. CEQA Guidelines Section 15061(b)(3) also applies to the adoption of the Ordinance because it can be seen with certainty that there is no possibility that the activity of limited parking overnight in existing parking lots may have a significant effect on the environment. The Council further finds that the potential exceptions to the categorical exemption in CEQA Guidelines Section 15300.2 are not applicable. Use of existing parking lots in the operation of temporary safe parking does not impose a significant cumulative impact over time as the use as a parking lot is generally unchanged and the safe parking use is limited to a short duration; it is not an unusual circumstance to modify the hours of use of existing facilities, and there is nothing unusual about the size or location of the existing parking lots at which temporary overnight safe parking would be allowed; the use of existing parking lots does not adversely impact scenic or historical resources; and the Ordinance does not involve hazardous sites as it relates to existing parking lots and no ground disturbance would result from implementation of the Ordinance. // // // // // // * NOT YET ADOPTED * 2019122302 15 // SECTION 13. This Ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire upon adoption of replacement legislation by the City Council or on March 1, 2022, whichever occurs first. Upon expiration of this Ordinance, the City Clerk shall direct the City’s codifier to update the Palo Alto Municipal Code as appropriate. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services Attachment B – Safe Parking Comparison Table Table 1: Sample of Nearby Safe Parking Programs East Palo Alto Mountain View San José Safe Parking Program • Known as Recreational Vehicle Safe Parking Pilot Program, “RVS3P”. • Focus on recreational vehicles (RVs). • 1 parking lot on City-owned land. • City has a license and grant agreement with Project WeHOPE (PWH) and has awarded grant funds to PWH. In turn, PWH collaborates with other organizations to provide a full array of support services. • City Council declared a shelter crisis on July 17, 2018. • Allows safe parking at private parking lots, including congregations and city-owned or city-controlled lots. • Some lots focus on passenger vehicles (primarily congregations), while others allow oversized vehicles. • Private lot owners agree to help people in need by allowing use of their lot between 5:00 p.m. and 9:00 a.m. • A Safe Parking Operator (such as MOVE) manages the lot, reviews and interviews applicants, links applicants with social services, and provides limited liability coverage. • Individuals living in their cars or RVs apply through the Community Services Agency (CSA) to be able to stay in the lot overnight. • Social services work with the Safe Parking participants to provide case management services and get them back on the path to more stable housing. • Council declared shelter crisis in March 2019, expires June 30, 2020. • The City created two types of Safe Parking programs. • The first is a City-operated program at two locations. • The second is an ordinance that allows businesses and non-profits to establish Safe Parking Areas in their parking lots. The process for getting started includes a simple and free registration and inspection of the proposed parking lot. • The City supported operation of one (1) safe parking lot that specifically served families with minor children. The lot never reached its full capacity. In Sept. 2019, the Council voted to discontinue the program and transition to a Motel Voucher program for families with children. Permitting • PWH and the City (as property owner) obtained an Interim Use Permit, approved by the Planning Commission Sept. 10, 2018. • The permit lasts up to 1 year. • March/Summer 2018, City Council approved pilot program at two faith-based sites and approved funding for MOVE Mountain View’s “Lots of Love” program. • December 2018, Council approves process for Temporary Use Permit for a Palo Alto Housing Corporation-owned lot; this site ultimately required Conditional Use Permit. • San Jose offers city-run programs and allows private landowners to establish safe parking lots. • The City contracted with Life Moves to provide services and operates the City’s “Safe and Supportive Parking” program at city- owned lots. • The City of San José developed a Safe Parking Attachment B – Safe Parking Comparison Table • September 2019, Council approved amendments to Safe Parking Ordinance; safe parking now requires a Nondiscretionary Conditional Use Permit and operation permit from Police Department. Nondiscretionary Conditional Use Permit not required during declared shelter emergency. Ordinance that allows private property owners to designate their parking areas in places of assembly for safe parking. The ordinance approved by City Council in February 2019 included amendments to the Municipal Code, specifically to Title 20 of the San José Municipal Code (Zoning Code). The property owner does not need to obtain a permit and may design operations from hours, type of vehicles, and target population. Operator • Project WeHOPE, in collaboration with LifeMoves and Abode Services. • MOVE Mountain View’s “Lots of Love” program. • LifeMoves Locations • 1798 Bay Road - 15-20 recreational vehicles. • 5 locations active or planned/approved • St. Timothy’s Episcopal Church, up to 4 passenger vehicles. • Lord’s Grace Christian Church, up to 4 passenger vehicles. • 1020 Terra Bella Avenue, Palo Alto Housing, up to 8 oversized vehicles. • VTA transit lot – Pioneer Way & Evelyn Avenue, City Operated. • Shoreline Amphitheatre Parking Lot B, up to 30 oversized vehicles. • Roosevelt Community Center, avg 8-10 vehicles/night. • Southside Community Center, avg 10-12 vehicles/night. • Seven Trees Community Center and Library (discontinued Sept. 2019). Year Enacted • Discussions began in 2017. • Program concept discussed and advanced by City Council in January 2018. • July 17, 2018 Council authorized City Manager to execute a License and Grant agreement with PWH. • Grand Opening May 14, 2019. • Feasibility discussed in Feb. 2016 • March-Summer 2018 City approves funding for Lots of Love program • Oct. & Dec. 2018 approval for safe parking use at Palo Alto Housing Corp. site; approved funding for lot improvements. • June 2019 City Council approved safe parking operations in city-controlled or city-owned lots. • Sept. 2019 amended safe parking ordinance. • Operation began on November 1, 2018 at Seven Trees Community Center and Library; a program focused on families with minor children; lot discontinued in Sept. 2019. • May 15, 2019, launched safe parking for adults at 2 community centers. City Financial Support • $226,000 for construction and improvements at the city-owned safe parking site. • March 2018, Safe Parking Program Pilot: Support for new Mountain View nonprofit • Oct. 2018, $250,000 to LifeMoves to operate six-month pilot program. Attachment B – Safe Parking Comparison Table • $218,500 to PWH for operations. Lots of Love ($25,000 start-up to June 2018; $30,000 for Fiscal Year 2018-19). • March 2018, RV/Vehicle Repair Funds: One- time contribution to existing Community Services Agency (CSA) fund initiated by concerned community members ($10,000). • Dec. 2018, $82,500 for safe parking site preparation. • Dec. 2018, up to $72,250 for MOVE Mt. View • Sept. 2019 - $100,000 for safe parking from the $200,000 included in the Fiscal Year 2019-20 Adopted Budget originally authorized for Homeless Enforcement Initiatives. • Sept. 2019, Authorized an agreement with the County of Santa Clara for a total not to exceed $285,000, which includes $100,000 to increase the safe parking capacity; $125,000 to continue a case worker for permanent supportive housing; and $60,000 for case management and outreach. • March 26, 2019, $400,000 to expand program to 2 additional city-owned lots until June 2021. Attachment B – Safe Parking Comparison Table Table 2: Oversized Vehicle Regulations City Summary Code Section East Palo Alto • No oversize vehicle parking between the hours for 2:00 am – 5:00 am. • No oversize vehicle parking with in 75 feet of an intersection. • 10.04.1300 Oversized Vehicles and Trailers Unconnected to a Motor Vehicle. 1 Mountain View • 2 code sections address the parking of oversized vehicles on narrow streets (less than 40 feet in width) and next to Class II bikeways. • Goes into effect June 30, 2020 • Bikeway Ordinance2 • Narrow Streets Ordinance3 San Jose • Large Vehicle Parking prohibited in areas of the City that are identified at the director’s discretion. • 11.98 Code Section is Here.4 Palo Alto • Oversized vehicles not permitted to park in residential zones between the hours of two a.m. to six a.m. • No vehicles can park for seventy-two consecutive hours or more. • 10.44.020 No parking overnight in residential zones.5 • 10.36.030 Seventy-two hours6 1 East Palo Alto Oversized Vehicle Ordinance: https://library.municode.com/ca/east_palo_alto/codes/code_of_ordinances?nodeId=TIT10VETR_CH10.04VEPA_10.04.130OVVETRUNMOVERE 2 Mountain View Bikeway Ordinance: https://library.municode.com/ca/mountain_view/ordinances/code_of_ordinances?nodeId=985620 3 Mountain View Narrow Streets Ordinance: https://library.municode.com/ca/mountain_view/ordinances/code_of_ordinances?nodeId=985627 4 San Jose Large Vehicle Parking 11.98: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT11VETR_CH11.98LAVEPA 5 City of Palo Alto 10.44.020 http://library.amlegal.com/nxt/gateway.dll/California/paloalto_ca/title10vehiclesandtraffic*/chapter1044stoppingstandingandparking- pr?f=templates$fn=default.htm$3.0$vid=amlegal:paloalto_ca$anc=JD_10.44.020 6 City of Palo Alto 10.36.030: http://library.amlegal.com/nxt/gateway.dll/California/paloalto_ca/title10vehiclesandtraffic*/chapter1036stoppingstandingandparking- ge?f=templates$fn=default.htm$3.0$vid=amlegal:paloalto_ca$anc=JD_10.36.030 SCHEDULE of MEETINGS THIS IS A COURTESY NOTICE ONLY. MEETING DATES, TIMES, AND LOCATIONS ARE SUBJECT TO CHANGE. PLEASE CHECK THE POSTED AGENDA ON-LINE OR AT KING PLAZA IN FRONT OF CITY HALL FOR THE MOST CURRENT INFORMATION. Almost all Palo Alto Council and some Standing Committee meetings are cablecast live on Channel 26. If there happens to be concurrent meetings, one meeting will be broadcast on Channel 29. Palo Alto will not have live meetings on the 1st and 3rd Tuesdays. The agendas for most meetings can be accessed by clicking on “Agendas/Minutes/Reports” on the home web page. Persons with disabilities who require auxiliary aids or services in using City facilities or programs, or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact: ADA Coordinator, City of Palo Alto, 650-329-2550 (voice) or 329-1199 (TDD), ada@cityofpaloalto.org. Listening assistive devices are available in the Council Chambers. Sign language interpreters will be provided upon request with 72 hours advance notice. Please advise the City Clerk's Office (650-329-2571) of meetings or changes by 3:00 p.m. on Wednesdays for inclusion in the following week’s schedule. 1/8/2020 THURSDAY, JANUARY 9 Human Relations Commission Meeting, CMR, 7:00 PM MONDAY, JANUARY 13 City Council Meeting, Chambers, 6:00 PM THURSDAY, JANUARY 16 Architectural Review Board Meeting, Chambers, 8:30 AM Public Art Commission Meeting, CMR, 7:00 PM TUESDAY, JANUARY 21 Sp. City Council Meeting, Chambers, 6:00 PM THURSDAY, JANUARY 23 Historic Resources Board Meeting, Chambers, 8:30 PM MONDAY, JANUARY 27 Sp. City Council Meeting, Chambers, 6:00 PM TUESDAY, JANUARY 28 Parks & Recreation Commission Meeting, Chambers, 7:00 PM WEDNESDAY, JANUARY 29 Planning & Transportation Commission Meeting, Chambers, 6:00 PM SATURDAY, FEBRUARY 1 Sp. City Council Meeting, Mitchell Park Community Center, 9:00 AM – Council Retreat MONDAY, FEBRUARY 3 City Council Meeting, Chambers, 6:00 PM TUESDAY, FEBRUARY 4 Finance Committee Meeting, CMR, 7:00 PM WEDNESDAY, FEBRUARY 5 Utilities Advisory Commission Meeting, Chambers, 7:00 PM THURSDAY, FEBRUARY 6 Architectural Review Board Meeting, Chambers 8:30 AM MONDAY, FEBRUARY 10 City Council Meeting, Chambers, 6:00 PM JANUARY 9, 2020 OFFICE OF THE CITY CLERK Tentative Agendas 1 TUESDAY, JANUARY 21, 2020 SP. CITY COUNCIL MEETING @ 6:00 PM STUDY SESSION Presentation and Review of Utilities Wildfire Mitigation Plan ACTION ITEMS Rail Grade Separation Updates: Report and Possible Direction on Communications and Community Engagement and Previously Proposed Rail Blue Ribbon Commission, and Verbal Update From the Expanded Community Advisory Panel (XCap) Housing Workplan MONDAY JANUARY 27, 2020 SP. CITY COUNCIL MEETING @ 6:00 PM CLOSED SESSION Potential Litigation ACTION Discuss the Preferred Alternative for Improvements to San Antonio Road and East Charleston Road Intersection and Direct Staff to Complete Final Design Plans, Environmental Analysis, Specifications and Estimates for Construction Staff Update and Council Consideration Regarding Polling Results, Analysis, and Public Outreach Regarding a Possible Tax Measure for 2020 Election Request for Approval of: 1) Agreement Between the City of Palo Alto Representing the Cable Joint Powers and Midpeninsula Community Media Center, Inc. for Public, Education, and Government Access (PEG) Channel Support Services; 2) Memo of Agreement Between the Cable Joint Powers Covering the Use of Public, Education, and Government Support Fees; 3) Authorize the City Manager to Execute a Grant Agreement with Midpeninsula Community Media Center, Inc. in an Amount Not to Exceed $511,536; and 4) Amend the Fiscal Year 2020 Budget Appropriation Ordinance in the Technology Fund to Recognize $511,536 in Revenue and Expense OFFICE OF THE CITY CLERK Tentative Agendas for 2 MONDAY FEBRUARY 3, 2020 CITY COUNCIL MEETING @ 6:00 PM CLOSED SESSION Litigation ACTION Review and Acceptance of the Report on the Palo Alto History Museum (Roth Building, 300 Homer Avenue) Fundraising Goal and Extension of Validation Period and to Complete the Option and Lease Agreements Acceptance of the Fiscal Year 2021 - Fiscal Year 2030 Long Range Financial Forecast and Fiscal Year 2021 Budget Development Guidelines Council Adhoc Committee Discussion of Board and Commissions Adoption of a Resolution Scheduling the City Council Summer Break and Winter Closure for 2020 TUESDAY, FEBRUARY 4, 2020 FINANCE COMM. MEETING MONDAY FEBRUARY 10, 2020 CITY COUNCIL MEETING @ 6:00 PM STUDY SESSION 2020 S/CAP Sustainability ACTION PUBLIC /TEFRA HEARING: Regarding Conduit Financing for the Wilton Court Project Located at 3703-3709 El Camino Real, Palo Alto; and Approving the Issuance of Revenue Obligations by the California Municipal Finance Authority for the Purpose of Financing the acquisition, development, construction and equipping of a 59-unit multifamily rental housing facility for low-income households and Other Matters Relating Thereto Discussion and Direction to Staff Regarding the Establishment of a Pension Funding Policy City of Palo Alto (ID # 10869) City Council Staff Report Report Type: Informational Report Meeting Date: 1/13/2020 City of Palo Alto Page 1 Summary Title: ADU Report 2019 (Quarters 2 & 3) Title: Report to City Council on Accessory Dwelling Unit/Junior Accessory Dwelling Unit Development Activity for Second and Third Quarters 2019 From: City Manager Lead Department: Planning and Development Services Recommendation This is an informational report and no action is requested. Background In June 2017, the City of Palo Alto amended the Zoning Code (Title 18) to adopt Accessory Dwelling Unit (ADU) regulations to comply with State adopted requirements. At adoption, the City Council directed staff to provide quarterly reports on the number of permits filed for the construction of ADUs. The City Council received the last development report for the 1st Quarter 2019 on May 20, 2019 (Report #10235).1 Following adoption of the regulations in 2017, the City experienced a significant increase in the number of ADU permits filed, far exceeding the prior year’s average of four ADU permits. The City has received a total of 133 ADU building permit applications since June 2017. Table 1 below provides a summary of ADU permit activity since June 2017, when the new ADU regulations became effective. Discussion In the second and third quarters of 2019, the City received a total of 37 ADU building permit applications. All ADU applications except one were for ADUs proposed to be located within 1 Staff Report #10235: https://www.cityofpaloalto.org/civicax/filebank/documents/71248 City of Palo Alto Page 2 the R-1 single family zone district. Approximately 51 percent of the applications filed were for ADUs proposed to be located south of Page Mill Rd./Oregon Expressway. Fifteen of the ADU applications were for the construction of new units, while the remaining 22 applications were for conversions of existing spaces, namely detached garages. The majority of the ADU applications filed were for one-bedroom units. The unit sizes ranged from 220 to 900 square feet, with an average unit size of 520 square feet. Only one project utilized the floor area bonus allowed under the City’s ordinance. Additional details about the applications received from April to September 2019 are provided in Attachment A. The City received a total of 133 ADU building permit applications to date. Table 1 provides a status summary of ADU permit activity since June of 2017. Below the table, staff provided notes clarifying the information. Table 1: Summary of ADU Permit Activity since June 2017 Total Number of Building Permit Applications Filed Building Permit Applications Under Review Building Permits Issued (Units Ready to be Built or Under Construction) Building Permits Issued and Finalized (Units Ready for Occupation) Building Permits Expired June - December 2017 23 5 3 13 2 January - December 2018 53 8 25 17 3 January -September 2019 57 26 30 1 0 Total 133 39 58 31 5 Source: Planning Department Accela Data. Includes Building Permit applications filed from June 8, 2017 through September 30, 2019. Building Permits submitted June through December 2017 The data from June through December 2017 is ‘snapshot’ data; that is, the numbers were accurate when staff ran the report to make the January 13 Council report review deadline. Building permit status is dynamic and changes over time; the numbers may be slightly different City of Palo Alto Page 3 when staff runs the same report in early 2020. The 23 permit applications submitted between June and December 2017 for ADU are comprised of four different categories: • five ‘under review’ permits, • three ‘issued and under construction’ permits, • 13 ‘issued, final-ed, and ready for occupancy’ permits, and • two ‘expired’ permits. Building Permits Submitted in 2018 The 53 ADU permit applications submitted in 2018 are comprised of four categories: • eight ‘under review’ permits, • 25 ‘issued and under construction’ permits, • 17 ‘issued, final-ed and ready for occupancy’ permits, and • three ‘expired’ permits. Next Steps A report featuring data from the last quarter of 2019 will be produced in the first quarter of 2020. Attachments: List of ADU Building Permit Applications (April – September) 2019 (PDF) Page 1 of 2 Attached Detached Attached Detached Garage Other Accessory Structure/ Space 1 South Palo Alto R-1 (8000) 04/01/2019 Yes Permit Issued x 1 318 2 North Palo Alto R-2 04/17/2019 Yes Permit Issued x Main House 2 868 3 South Palo Alto R-1 04/17/2019 Yes Finaled x Detached Garage 1 495 4 South Palo Alto R-1 (8000) 04/23/2019 Not Yet In Plan Check x Detached Garage 2 628 5 South Palo Alto R-1 04/24/2019 Yes Permit Issued x 1 449 6 South Palo Alto R-1 05/01/2019 Yes Permit Issued x 2 897 7 South Palo Alto R-1 05/01/2019 Yes Permit Issued x Main House 0 530 8 North Palo Alto R-1 05/09/2019 Not Yet In Plan Check x Detached Garage 0 270 9 North Palo Alto R-1 05/10/2019 Yes Permit Issued x 1 479 10 North Palo Alto R-1 (10000) 05/13/2019 Yes Permit Issued x Detached Garage 2 653 11 North Palo Alto R-1 05/13/2019 Yes Permit Issued x Attached Garage 0 430 12 South Palo Alto R-1 05/21/2019 Not Yet In Plan Check x 2 900 13 North Palo Alto R-1 05/23/2019 Not Yet In Plan Check x Detached Garage 1 566 14 North Palo Alto R-1 05/24/2019 Yes Permit Issued x Main House 1 403 15 North Palo Alto R-1 05/24/2019 Yes Permit Issued x Detached Garage 0 307 16 South Palo Alto R-1 05/31/2019 Yes Permit Issued x 2 880 17 South Palo Alto R-1 05/31/2019 Yes Permit Issued x 1 401 1 South Palo Alto R-1 06/03/2019 Not Yet In Plan Check x Attached Garage 1 372 2 North Palo Alto R-1 (10000) 06/06/2019 Yes Permit Issued x 1 658 3 North Palo Alto R-1 06/07/2019 Not Yet In Plan Check x Detached Garage 1 695 4 South Palo Alto R-1 (20000) 06/07/2019 Yes Permit Issued x 1 600 5 South Palo Alto R-1 (S) 06/13/2019 Yes Permit Issued x Attached Garage 1 370 6 South Palo Alto R-1 (S) 06/17/2019 Yes Permit Issued x Attached Garage 1 494 7 North Palo Alto R-1 07/08/2019 Yes Permit Issued x Detached Garage 1 538 8 North Palo Alto R-1 07/10/2019 Yes Permit Issued x 1 220 9 North Palo Alto R-1 07/11/2019 Not Yet In Plan Check x 0 276 10 North Palo Alto R-1 07/16/2019 Not Yet In Plan Check x 2 930 11 North Palo Alto R-1 (10000) 07/16/2019 Not Yet In Plan Check x Detached Garage 1 318 12 South Palo Alto R-1 07/26/2019 Not Yet In Plan Check x 1 900 13 North Palo Alto R-1 08/28/2019 Not Yet In Plan Check x Detached Garage 1 380 2019 Quarter 2 Building Permits Applied in 2019 (Q2 & Q3) Number of Applications Project Location Zoning Date Filed Building Permit Issued Application Status New Construction Conversion Type of Conversion 2019 Quarter 3 # of Bedrooms ADU Size (SQFT) Page 2 of 2 Attached Detached Attached Detached Garage Other Accessory Structure/ Space Number of Applications Project Location Zoning Date Filed Building Permit Issued Application Status New Construction Conversion Type of Conversion # of Bedrooms ADU Size (SQFT) 14 South Palo Alto R-1 (8000) 08/29/2019 Not Yet In Plan Check x Detached Garage 1 562 15 South Palo Alto R-1 (10000) 09/06/2019 Not Yet In Plan Check x Main House 1 280 16 South Palo Alto R-1 09/13/2019 Not Yet In Plan Check x Attached Garage 0 308 17 South Palo Alto R-1 09/16/2019 Not Yet In Plan Check x 1 292 18 South Palo Alto R-1 09/23/2019 Not Yet In Plan Check x Detached Garage 0 375 19 North Palo Alto R-1 09/24/2019 Yes Permit Issued x 2 857 20 North Palo Alto R-1 09/30/2019 Not Yet In Plan Check x Detached Garage 1 353 Source: Accela Data April 1 through September 30, 2019.