The URL can be used to link to this page

Home My WebLink About2021-01-19 City Council Agenda PacketCity 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 ON THE CITY’S WEBSITE. Tuesday, January 19, 2021 Special Meeting 5:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available on the City’s website. ***BY VIRTUAL TELECONFERENCE ONLY*** CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833 Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast on Cable TV Channel 26, live on YouTube at https://www.youtube.com/c/cityofpaloalto, and Midpen Media Center at https://midpenmedia.org. Members of the public who wish to participate by computer or phone can find the instructions at the end of this agenda. To ensure participation in a particular item, we suggest calling in or connecting online 15 minutes before the item you wish to speak on. 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. 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 Closed Session 5:00-6:00 PM 1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 445 Bryant Street, Assessor’s Parcel Number 120-15-107 Negotiating Party: Tesla, Inc., a Delaware corporation City Negotiators: Ed Shikada, Kiely Nose Subject of Potential Negotiations: Lease Price and Terms of Payment REVISED Public Comment 2 January 19, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY’S WEBSITE. Study Session 6:00-7:00 PM 2.2951 El Camino Real [20PLN-00158]: Prescreening of a Proposal to Rezone the Subject Property From CS (Service Commercial) and R-1 (Single-family Residential) to Planned Home Zoning (PHZ) and Redevelop the Site With a Mixed-use Development That Includes Approximately 113 new Residential Units, 5,000 Square Feet of Office Space, 1,000 Square Feet of Retail Space, and Provides Parking within a Below-grade Garage. Environmental Assessment: Not a Project; Any Subsequent Formal Application Would be Subject to the California Environmental Quality Act (CEQA). Zoning District: CS and R-1 7:00-8:00 PM 3.Discuss and Accept the Human Relations Commission's Report "Black and Brown Palo Alto - History and Current Experience" and Provide Feedback and Direction on Their Action Plan to Address Equity and Inclusion Agenda Changes, Additions and Deletions Oral Communications 8:00-8:15 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the durat ion of Oral Communications period to 30 minutes. City Manager Comments 8:15-8:25 PM Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 8:25-9:30 PM 6.Adoption of an Ordinance to Amend the Municipal Fee Schedule to add Vehicle Entrance Fees for Foothills Park, and to Amend Palo Alto Municipal Code (PAMC) Section 22.04.150(k) to Adjust Attendance Limits at Foothills Park 9:30-10:15 PM 4.Provide Feedback and Direction on the Community and Economic Recovery Workplan and Approve Budget Amendments in Various Funds 10:15-11:00 PM 5.Formation of a Working Group and Council Subcommittee for the 2023-2031 Housing Element Update Process 11:00-11:15 PM 7.SECOND READING: Adoption of a Temporary Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Broaden Permissible Uses and Raise Thresholds for Conditional Use Permits for Some Land Uses Throughout the City. Environmental Review: California Environmental Quality Act (CEQA) Exemption 15061(b)(3) At-Places Memo At-Places Memo Presentation Public Comment Presentation Public Comment Presentation Presentation At-Places Memo Public Comment 3 January 19, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY’S WEBSITE. (FIRST READING: December 14, 2020 PASSED: 7-0) (Continued From January 11, 2021) 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. Additional Information Public Letters to Council Set 1 Set 2 Set 3 4 January 19, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY’S WEBSITE. Public Comment Instructions Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B-E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833 City of Palo Alto (ID # 11758) City Council Staff Report Report Type: Study Session Meeting Date: 1/19/2021 City of Palo Alto Page 1 Summary Title: 2951 El Camino Real: PHZ Prescreening Title: 2951 El Camino Real [20PLN -00158]: Prescreening of a Proposal to Rezone the Subject Property From CS (Service Commercial) and R -1 (Single - Family Residential) to Planned Home Zoning (PHZ) and Redev elop the Site With a Mixed -use Development That Includes Approximately 113 new Residential Units, 5,000 Square Feet of Office Space, 1,000 Square Feet of Retail Space, and Provides Parking within a Below -Grade Garage. Environmental Assessment: Not a Projec t; Any Subsequent Formal Application Would be Subject to the California Environmental Quality Act (CEQA). Zoning District: CS (Service Commercial) and R -1 (Single-Family) From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that Council conduct a prescreening review and provide informal comments regarding the applicant’s request to rezone the subject CS - and R1-zoned properties to “Planned Home Zoning (PHZ)”.1 Comments provided during the prescreening process are not binding on the City or the applicant. Executive Summary On October 5, 2020, the City Council conducted the first prescreening for this proposal to rezone the subject properties.2 The contemplated development includes five parcels fronting and near El Camino Real, between Pepper and Olive Avenues. Three El Camino Real parcels are 1 Referred to in this report as "Planned Home Zone" to emphasize the focus on housing as the benefit to the community. Still, PAMC Section 18.38, which outlines the requirement and process for Planned Comm unity (PC) Zoning, remains the underlying code supporting application of this policy. 2 Link to 10-5-2020 Prescreening Staff Report: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=53762.81&BlobID=78539 Link to 10-5-2020 Prescreening Minutes: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=42759.83&BlobID=79414 City of Palo Alto Page 2 zoned service commercial (CS) and two parcels fronting on Olive Avenue are zoned single - family residential (R1). The subject prescreening application responds to the City Council’s expressed interest in learning from home builders what it takes to create more housing opportunities in Palo Alto. Adapting the planned community zoning process, a PHZ application must meet two initial qualifying criteria established by the City Council: 1) provide 20% of the total units as income- restricted inclusionary housing, and 2) provide enough housing units to meet the housing demand created by any net new jobs created. The location of this project presents unique policy considerations. The project continues to require a text amendment to PAMC 18.38 to allow for increased height, a Comprehensive Plan Land Use Map change, and a zoning map change for the R-1 parcels. The prescreening request is a study session discussion only and no for mal action will be taken by the City Council. Further detail regarding these considerations is discussed below and available in the October 5, 2020 report. A prescreening is required for major policy changes. While this procedural requirement for the subject project was satisfied in October, the applicant chose to file a second prescreening request, principally to assess whether proposed plan refinements sufficiently address prior Council concerns. The carrying costs to hold the properties not owned by the developer are significant and sunset at the end of this month, unless extended. City staff has not requested or encouraged the filing of a second prescreening application but is obligated to process the request in accordance with the municipal code. Background The project plans were revised after the October 5, 2020, prescreening. The changes are described in the discussion section of this report. Links to the October 5th meeting minutes and staff report are provided in the footnotes below; the earlier report provides background and setting information. The applicant has modified the project designs in response to Council feedback. In accordance with Palo Alto Municipal Code (PAMC) Section 18.79.030(A), a prescreening review is required for legislative changes, including rezoning, prior to the submittal of a formal application. Prescreening applications are intended to solicit early feedback on proposed projects and, like all study sessions, cannot result in any formal action. Because this proposal may return to the City Council as a quasi-judicial application, Councilmembers should refrain from forming firm opinions supporting or opposing the project. Project plans for both projects can be found on the project webpage3; the current set is viewable via Attachment E. 3 Project Webpage: https://bit.ly/PS2951ECR City of Palo Alto Page 3 Project Description In addition to the description below, the applicant’s project description and project plans are found as Attachments B and E, respectively. The applicant has reduced the number of units from 119 dwelling units (including 24 affordable units) prescreening to 113 units (including 23 affordable units). The amount of office and retail area remained unchanged, with 5,000 square feet (sf) of office space and 1,000 sf of retail/commercial area. The project is designed to have a below-grade garage that meets required parking requirements (162 spaces, reduced from 176 spaces) with the incorporation of mechanical lifts as authorized in the municipal code. The total project floor area was reduced by nearly 9,900 square feet, with the plans now showing 122,258 sf for a floor area ratio (FAR) of 2.55 (reduced from 2.8 FAR in October). The building height dropped from 56 feet to 53 feet 8 inches in height next to El Camino Real with stair/elevator enclosures up to 58 feet (dropped from 65 feet in October as shown on Plan Sheets A2.1, A3.0, A3.1). The height transitions to 34 feet adjacent to (within 50 feet of) the R -1 zoned properties to the rear and along Olive and Pepper Avenues. The building also now adheres to the standard R-1 zoning side daylight plane (10-foot height at 45 degrees) and rear daylight plane (16-foot height offset by a 20-foot setback at 60 degrees), whereas the October proposal included R-1 zone daylight plane encroachments. The project continues to meet the City’s retail preservation requirements by replacing the retail space at 2999 El Camino Real (approximately 1,000sf). Additionally, the residential units include a mix of studios (24), one-bedroom (65), and two-bedroom (24) units. This is a change from 21 studios, 66 one-bedroom units, and 32 two-bedroom units in the October proposal. The project would need to demonstrate compliance with one of the four 20% inclusionary housing requirement options recently endorsed by the City Council. At present it appears the applicant would disburse the affordable units among low er, moderate and workforce housing units, or Option 1 as shown in the September 21, 2020, City Council staff report. 4 The project would not increase the number of jobs onsite and therefore would satisfy the second qualification needed to be eligible for a PHZ application. Discussion 4 9-21-2020 City Council Staff Report “PHZ Affordability Requirements”: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=43675.41&BlobID=78363 9-21-2020 City Council Action Minutes: https://www.cityofpaloalto.org/civicax/filebank/documents/78702 City of Palo Alto Page 4 This report analyzes the revisions made since the previous PHZ prescreening request. The transitions between the single-family home R-1 areas and the commercial areas were a concern in the previous Council discussion of this project. While this second iteration of the applicant's PHZ request continues to include the two R-1 zoned properties (470 & 456 Olive), revisions have been made to lessen the impact to adjacent R1 zoned properties. The City’s zoning regulations include requirements addressing the interface of larger commercial developments with nearby residential uses. These regulations offer protections for R-1 zoned properties. The revised project meets the R-1 zoning primary daylight planes (interior yard and rear yard). The R-1 zone daylight planes are the most restrictive in the Municipal Code; they are intended to preclude buildings from encroaching in the calculated area (daylight plane) intended to preserve access to light and some level of privacy for residents. Diagrams of the R-1 zones' daylight planes are provided in Attachment D. The Municipal Code5 restricts the maximum height of a PC district (PHZ) building to 50 feet overall and 35 feet when located within 150 feet of any low-density residential zone, such as R- 1. This conceptual project as redesigned still does not comply with these requirements, but has been reduced in height to 34 feet within 50 feet of the adjacent R-1 zoned properties, increasing beyond that distance to 45 feet and ultimately to about 54 feet in height on the CS portion of the development site. At these heights, the project would require a zoning text amendment to the PC District regulations in addition to a request to rezone the subject properties. The stair and elevator enclosure extend to 58 feet and potentially qualify for a Design Enhancement Exception. The proposed floor area exceeds the basic zoning regulations but may be permissible through Council approval of the PHZ. Current zoning development standards for housing projects (housing/mixed-use) enables a building having and FAR of up to 1.5:1 along El Camino Real. The City Council also has authorized qualifying affordable housing projects to reach a FAR of up to 2.4:1 as is the case with the Wilton Court development. Comparatively, another prescreening for a building at 3300 El Camino Real involved a FAR of 1.8:1 (mixed -use).6 The previous (October prescreening) iteration of the subject site PHZ proposal had 2.8 FAR. Modifications to the previous design, including height reduction, decrease in the total number of dwelling units, change in the dwelling unit mixture, and dwelling unit sizes, resulted in a project FAR of 2.55:1 (a 0.25 reduction, approximately 9,900 square feet). 5 PAMC 18.38.150 (b) and (c). 6 3300 El Camino Real (20PLN-00101), Zoning: RP, Mixed-use Development that Includes 52,500 Square Feet of Office; 4,400 sf of Ground Floor Retail, and 187 Residential Units. Link to 6-22-2020 Staff Report: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=73113.28&BlobID=77258 City of Palo Alto Page 5 Other development standards, such as site coverage, would also exceed the base zoning regulations. The project has a site coverage of 63% where 50% is allowed by in the CS zone.7 The City has previously allowed lot coverage waivers for housing incentive program (HIP) projects and the workforce housing project at El Camino Real and Page Mill Road. In its current form, the project's open space has been expanded to include more balconies around the street- facing portions of the building. Compliance with the open space requirements for CS zoned properties includes a combination of private and common open space for a minimum equivalency of 150 square feet per unit.8 Attachment C includes a table comparing the current proposal’s compliance with the CS zoning regulations and the previous site design. As noted in October, the development site is located within the California Olive Emerson regional plume of volatile organic compounds, which has affected groundwater, due to off -site contamination. A vapor barrier is therefore likely to be required with this project. This adds cost and may influence the design. Policy Implications When the City Council endorsed using PHZ to encourage more housing, it was known that this process would result in builders seeking adjustments to certain development standards. Such standards include floor area, parking reductions, adjustments to retail preservation requirements, lot coverage, and height. Thus, each PHZ presented to the City Council represents the unique challenges presented by specific lot constraints and a developer’s ability to bring a project to market. The subject proposal is no exception and illustrates the challe nge of providing more housing within the existing development standards. For example, the revised design made many adjustments that reduced the FAR, lowered transitional heights, and lowered the overall height. The applicant also proposes to meet the City’s parking and retail preservation requirements and continues not to request any increases in the office floor area. Yet, even with these changes, the project seeks adjustments to zoning districts (re-zoning), zoning text amendments for height, and development standards (FAR and site coverage) in excess of current zoning. Re-zoning: If formally filed, the project would include an amendment to the City’s Comprehensive Plan to change the underlying land use designation and it would rezone existing CS and R-1 zoned properties to PC/PHZ. During the October 5, 2020, Prescreening, the Council 7 CS zone development standards for mixed-use development, PAMC 18.16.060(b) Mixed Use and Residential Table 4 8 CS zone development standard for mixed -use development, required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on the ground (but rooftop gardens are not included as open space except as provided below); (3) minimum private open space dimension six feet; and (4) minimum common open space dimension twelve feet. City of Palo Alto Page 6 had reservations about including the R-1 zoned properties in the project and rezoning them. The concerns related not only to the size and proximity of the conceptual project to the adjacent R1 zoned neighborhoods, but the potential erosion of the R1 neighborhood. While there are intact residential properties in this area, some properties have commercial uses , particularly along Olive Avenue. Text Amendments for Height: There are two aspects to this request, one exceeds the 50 foot height limit and the other is an encroachment into the transitional height limit near lower density housing. Councilmembers expressed varying comments regarding height, but the overall expressed sentiment was the earlier iteration was too tall and did not provide a sufficient transition to adjacent R1 properties. The applicant has made some refinements, but maintains that some encroachments are necessary to achieve a housing development at this site. The applicant requests feedback or comments from the Council on the revised design with lower height and reduced, but not eliminated, encroachment into the transitional height zone. The residential/commercial transitional height restrictions for properties along El Camino Real that abut R-1 zoning will continue to be a limiting factor for some P HZ applications. The overall 50-foot height limit for Planned Community Zones, or PHZ projects, will similarly be a concern for other projects throughout the City regardless of the zoning of adjacent properties. Staff anticipates a future text amendment will be required if the City Council is supportive of allowing at least certain housing or mixed-use projects to exceed this 50-foot height limit.9 Floor Area & Lot Coverage: The revised design has less floor area (FAR) and smaller, fewer units than previously presented to Council. There is a corresponding reduction of one affordable housing unit. At some point, fewer units may adversely affect project feasibility to a level where the project is no longer pursued. However, allowing for increases in floor area and height, in this instance, also enables the applicant to forego adding office floor area to offset development costs. This illustrates the tradeoffs home builders make when designing their projects. Lot coverage did not change from the previous proposal as the changes to floor area were done via reductions in upper floor square footage rather than building footprint changes. Zoning Code Compliant Project for Comparison: In response to some of the comments from the Council and the public, the applicant has prepared a high-level study illustrating a zoning- complaint project that excluded the R-1 zoned lots. This is intended to provide information about the trade offs between increased density and changes needed in the code to accommodate more housing units. A conceptual analysis prepared by the applicant is shown in 9 Prior planned community, or PC applications, have been allowed to exceed 50 feet for certain architectural design elements or features and not for an additional level of floor area. The design enhancement exception is not - -necessarily an appropriate mechanism to allow for an additional level or two of residential floor area and a text amendment to the zoning or other ordinance would be required to allow PHZ projects to exceed 50 feet. City of Palo Alto Page 7 the table below using the Housing Incentive Program on the CS zoned properties only. To be clear, the applicant is not proposing the code compliant project and has informed staff that the cost to assemble the required parcels, construction costs and expected return on cost makes the code compliant project financially infeasible. Table 1: Code Compliant Project Compared to Proposed Project Currently Proposed PHZ Code Compliant (CS HIP Zoning Compliant) Height Requires PHZ: 5 stories Max 53’ 8” on ECR (with a tower element of 58’) 35’ Along Olive and within 150’ of a residential district (other than an RM- 40 or PC zone). The applicant is proposing 35’ height within 50’ of the R-1 zone 3 stories Max 35’ and within 150’ of a residential district (other than an RM-40 or PC zone). Floor Area Ratio Requires PHZ: ~2.55:1 (122,258 sf) 1.13 (40,752 sf) Directors FAR Waiver Per PAMC 18.16.060(k)(1) allows up to 1.5 FAR in the CN or CS zone Lot Coverage Requires PHZ: 63% (30,216 sf), 50% lot coverage is standard in the CS zone 48% (17,340 sf) Residential Density 113 DU on 1.1 acres (108 DU/acres) 24 DU on 35,895 sf (30 DU/0.82 acres) Total Dwelling Units 113 Unit 24 Units Total Affordable Units (20%) 24 Units (15%) 4 Units Parking Parking Proposed (Fully Parked) 5 spaces @ 1/200 sf (Intensive Retail) 20 spaces @ 1/250 sf (General Business Office) 89 spaces/Studio & 1 BD 48 spaces/2 BD (24 studios, 65 1-BED, 24 2-BED) Proposed Total Parking 137 Residential, 25 Commercial Parking Proposed (Fully Parked) 5 spaces @ 1/200 sf (Intensive Retail) 20 spaces @ 1/250 sf (General Business Office) 11 spaces/Studio & 1 BD 26 spaces/2 BD (11 studios & 1-BED, 13 2-BED) Proposed Total Parking 37 Residential, 25 Commercial City of Palo Alto Page 8 Loading Area Proposed Not Required, None Proposed Loading Area Proposed Not Required, None Proposed The zoning compliant project would comply with the 35 feet height limit within 150 feet of the R-1 zoned properties. This would effectively limit the project to three floors, 24 apartments (30 Dwelling Units/acre), 5,000 sf of office, 1,000 sf retail, and an underground parking garage with 62 parking spaces (25 commercial, 37 residential). This also includes two new single-family homes on each of the R-1 parcels along Olive Ave (470 & 456 Olive Ave). Considering that each R-1 zoned parcel could develop a maximum dwelling unit yield of three units (single-family home, JADU, and ADU), these two parcels would add six additional units to the project. Being that the 456 Olive Ave parcel has an existing home, the net dwelling unit gain would be five units. Though the high-level alternative study appears to be one possibility of a zoning compliant project, it should be noted that there are likely some other configurations (designs) that could yield additional dwelling units on the CS zoned parcels. However, additional units require additional parking, open space, as well as other development standard consideration, which can run in conflict with the additional site area (lot coverage) needed to provide more FAR for additional units. Balancing those factors along with the zoning height limit of 35 feet due to the adjacent R-1 parcels and limited FAR presents additional challenges for increasing total dwelling units a project can produce. A more detailed analysis of the zoning comparison of these concepts can be viewed within Attachment C. Coordinated Area Plan: The project is located within the North Ventura Coordinated Area Plan area (NVCAP).10 Three NVCAP Draft Alternatives were presented to the Planning & Transportation Commission (PTC) on December 9, 2020.11 The discussion was continued to January 13, 2021. Due to the timing of this staff report, the results of that hearing are not included in this discussion relative to the proposed project. Staff will provide the Council with an update during the prescreening regarding the PTC review. A development moratorium is not in place within the NVCAP. Additionally, due to state law, only a moratorium on commercial projects—not housing projects—could be put in place within 10 More information on the NVCAP effort is online: https://www.paloaltonvcap.org/ 11 Staff Report Planning & Transportation Commission December 9, 2020: https://www.cityofpaloalto.org/civicax/filebank/documents/79522 City of Palo Alto Page 9 the plan area. The project site is located within Block 1 of the NVCAP area map shown below. Figure 1 NVCAP Index Area/Block Map The plans and compliance review in this report are preliminary. The purpose of the prescreening process is not to exhaustively review a project for code compliance nor require significantly detailed plans. Plans may change before a formal application is filed. However, staff analyzed compliance with several key development standards for the purposes of this prescreening application. If a formal application is filed, staff will perform a comprehensive review and analysis. The Planning and Transportation Commission and the Architectural Review Board will have opportunities to hold public hearings and make recommendations to the City Council. Council makes final decisions on any PHZ application. Stakeholder Engagement This item was published in the Daily Post on January 8, 2021, which is 11 days in advance of the meeting. Postcard mailing occurred on January 5, 2021, which is 14 days in advance of the meeting. It should be noted that the property owners (developers) have been attending the most recent NVCAP meetings and have hosted a community meeting via zoom to engage with the neighbors. Staff attended to observe the zoom meeting hosted by the applicant team which was held shortly before the October Council Prescreening for this site. Staff noted that the community concerns included traffic impacts, daylight plane, and construction noise. City of Palo Alto Page 10 Environmental Review The prescreening application involves no discretionary action and is therefore not a project and not subject to review pursuant to the California Environmental Quali ty Act (CEQA). Subsequent projects will require project-specific environmental analysis. Attachments: Attachment A: Location Map (PDF) Attachment B: Project Description (DOCX) Attachment C: Zoning Comparison Table (DOCX) Attachment D: R-1 Daylight Plane Diagrams (DOCX) Attachment E: Project Plans (DOCX) 119.7' 119.7' 50.0' 119.7' 115.7' 1 50.0' 200.0' 50.0' 134.7' 50 134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 134.7' 50.0' 134.7' 0.0' 50.0' 50.0' 150.0' 150.0' 65.7' 119.7'119.7' 50.0' 119.7' 5 119.7' 50.0' 119.7' 50.0' 50.0' 119.7' 50.0' 119.7' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 119.7' 50.0' 47.9' 150.0' 47.9' 150.0' 95.7' 150.0' 95.7' 150.0' 95.7' 150.0' 95.7' 150.0' 200.0' 72.6' 200.0' 50.0' 150.0' 430 440 450 460 470 2875 420 430 440 450 451 441 431 421 411 456 470 471 461 2999 2951 2905 461 3001 473 OLIVE AVE N U P E P P E R A V E N U E C A MI N O R EA L N O R EAL This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Propsoed Project Site Assessment Parcel Current Features abc Known Structures Tree (TR) Zone Districts Curb Edge Sidewalk 0'63' 2591 El Camino Real Planned Housing Zoning (PHZ) CITY O F PALO A L T O I N C O R P O R A T E D C ALI FO R N I A P a l o A l t o T h e C i t y o f A P R I L 1 6 1 8 9 4 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto sgutier, 2020-08-24 13:13:01 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Applicant’s Project Description 2951 El Camino Real This new mixed-use development will provide 113 New Residences while retaining the existing small office and retail uses on site. An underground parking garage preserves the street level for active uses and landscaping. The existing properties include approximately 1,000 sf retail and 5,000 sf office which will be retained along El Camino Real, increasing their visibility while buffering the new residences from busy traffic and street noise. The residential unit are terraced in 2-5 stories oriented around a courtyard and along quieter side streets. To respect the massing and zoning of adjacent single-family homes, the building the height varies from two stories directly adjacent to R-1 to five stories along El Camino Real. The 5th floor along El Camino Real extends above the 50’ height limit with varying roof heights to comply with 53’-8” height limit. The majority of the 5th floor is setback an additional 6’ along the street frontages to minimize the visual impact and accentuate the lower 4 story height. The proposal complies with CS setback requirements with a 12’ minimum sidewalk with at El Camino Real and minimum 5’ side setback along Olive and Pepper Avenues. At 470 and 456 Olive, the setback is increased along Olive create a townhouse scale to reflect the adjacent single-family homes. In addition to complying with the setback described above, the proposal will comply with the parking and open space requirements. The project sponsor would like the City Council to consider the following adjustments to current zoning: • ADDITIONAL HEIGHT ON CS PARCELS (50' MODIFIED TO 53'-8") • ADDITIONAL HEIGHT ON R-1 PARCELS (30' MODIFIED TO 34') • INCREASED FAR (1.5 MODIFIED TO 2.55) • INCREASED RESIDENTIAL DENSITY (MODIFIED TO 103 DU/AC) This zoning modification will contribute to a vibrant, mixed-use community by preserving existing ground floor retail and adding up to 23 affordable residential units. Zoning Comparison Table 2951 El Camino Real Parcel Data Address Zoning & Comp LU Parcel Area (approximate sf) APN 2905 El Camino Real CS & CS 14,361 132-37-033 2951 El Camino Real CS & CS 14,358 132-37-052 2999 El Camino Real CS & CS 7,179 132-37-030 470 Olive Street R-1 & SF 5,983 132-37-029 456 Olive Street R-1 & SF 5,983 132-37-028 Total Parcel Area 47,864 sf* Zoning Information CS Zoning Mixed Use & Residential CS HIP Zoning Previous PHZ design (10/5/2020) Currently Proposed PHZ Required Setbacks Front 0 - 10' to create an 8' - 12' effective sidewalk width 12' effective sidewalk width 12' effective sidewalk width Side 10’ Required Adjacent to R-1 10’ Required Adjacent to R-1 10’ at Olive, 13’ at Pepper 11’ 6” at Olive, 14’ at Pepper Rear None Required Adjacent to Commercial, 10’ Adjacent to Residential None Required Adjacent to Commercial, 10’ Adjacent to Residential 29’ Adjacent to R-1 properties 29’ Adjacent to R-1 properties Street Side 5’ 5’ 5’ min, 20’ along Olive 5’ min, 20’ at 2 stories along Olive Height 50’ (35’ Within 150’ of a residential district (other than an RM-40 or PC 50’ (35’ Within 150’ of a residential district (other than an RM-40 or PC Max 65’ on ECR, 37’ Along Olive (35’ maximum height within 150 ‘ of any Max 53’ 8” on ECR (with a tower element of 58’), 35’ Along Olive (35’ maximum height within 150 ‘ of any zone) abutting or located within 50 feet of the site) zone) abutting or located within 50 feet of the site) RE, R-1, R-2, RM, or applicable PC district.) RE, R-1, R-2, RM, or applicable PC district.) Build to Lines 50% of frontage built to setback (1) 33% of side street built to setback (1) 50% of frontage built to setback (1) 33% of side street built to setback (1) 100 frontage built to setback, ~40% of street side Olive, 100% 100 frontage built to setback, ~40% of street side Olive, 100% Floor Area Ratio 0.9:1 (47,864 sf); 0.5:1 residential, 0.4:1 Nonresidential 1.5:1 (71,798 sf); 2.0:1 Max ~2.8:1 (132,098 sf) ~2.55:1 (122,258 sf) Lot Coverage 50% (23,931 sf) 50% (23,931 sf) 63% (30,216 sf) 63% (30,216 sf) Residential Density No Maximum No Maximum 119 DU on 1.1 acres (108 DU/acres) 113 DU on 1.1 acres (108 DU/acres) Open Space (Common & Private Open Space) 150 sf/unit Common 13,412 sf Private 4,450 sf 150.1 sf/unit (119 units) Common 13,296 sf Private 3,700 sf 150.38 sf/unit (113 units) Parking Previous PHZ design (10/5/2020) Currently Proposed PHZ Retail 1 space/200 sf (Intensive Retail) 5 spaces @ 1/200 sf 1 space/200 sf (Intensive Retail) 5 spaces @ 1/200 sf Office 1 space/250 sf (General Business Office) 20 spaces @ 1/250 sf 1 space/250 sf (General Business Office) 20 spaces @ 1/250 sf Housing 1 per micro unit 1 per studio unit 1 per 1-bedroom unit 2 per 2-bedroom or larger unit At least one space per unit must be covered 87 spaces/Studio & 1BD, 64 spaces/2BD (21 studio units, 66 1-BED, 32 2-BED) 1 per micro unit 1 per studio unit 1 per 1-bedroom unit 2 per 2-bedroom or larger unit At least one space per unit must be covered 89 spaces/Studio & 1 BD 48 spaces/2 BD (24 studio units, 65 1-BED, 24 2-BED) Tandem parking allowed for any unit requiring two spaces (one tandem space per unit, associated directly with another parking space for the same unit, up to a maximum of 25% of total required spaces for any project with more than four (4) units) Tandem parking allowed for any unit requiring two spaces (one tandem space per unit, associated directly with another parking space for the same unit, up to a maximum of 25% of total required spaces for any project with more than four (4) units) Total Parking Required: Residential 151, Commercial 25 Proposed: 151 Residential, 26 Commercial Required: 137 Residential, 25 Commercial Proposed: 137 Residential, 25 Commercial Loading Area Office 1 space @ 10,000- 99,000 sf None Proposed None Proposed Retail 1 space @ 5,000- 29,999 sf None Proposed None Proposed Housing No Requirement for Multiple Family Residential Uses None Proposed None Proposed Daylight Plane Diagrams Project Plans Hardcopies of project plans are provided to ARB Members. These plans are available to the public online and by visiting the Planning and Community Environmental Department on the 5 th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: bit.ly/PApendingprojects 2. Scroll to find “2951 El Camino Real” and click the address link 3. On this project specific webpage you will find a link to the Project Plans and other important information Direct Link to Project Webpage: https://bit.ly/PS2951ECR City of Palo Alto (ID # 11911) City Council Staff Report Report Type: Study Session Meeting Date: 1/19/2021 City of Palo Alto Page 1 Summary Title: HRC Report "Black & Brown Palo Alto - History and Current Experience" Title: Discuss and Accept the Human Relations Commission's Report "Black and Brown Palo Alto - History and Current Experience" and Provide Feedback and Direction on Their Action Plan to Address Equity and Inclusion From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council accept the Human Relations Commission’s report on Black and Brown Lives in Palo Alto – History and Current Experience and provide feedback and direction as to their action plan. Background In response to a June 15, 2020 staff report on an initial framework and workplan to address systemic racism (Staff Report 11441), the Council passed a multi-part motion for next steps (Minutes from June 15, 2020). The Human Relations Commission (HRC) was directed to address the following: Direct the Human Relations Commission to lead the “8 Can’t Wait” campaign and to produce a report on the Black and Brown History and Current community in Palo Alto, within 60 days. The HRC reported back on 8 Can’t Wait at the August 24, 2020 Council meeting. To develop the report on Black and Brown Lives (Report), an ad hoc subcommittee comprised of HRC Chair Kaloma Smith and Vice Chair Valerie Stinger was convened to research and write the report. A draft report was presented to the HRC at their December 17, 2020 meeting, and members of the public and HRC Commissioners provided feedback. The HRC voted 5-0 to present the report to City Council along with the action plan below. Discussion The HRC is presenting their final report (Attachments A and B) to the Council for their feedback and direction on their action plan. Their report includes national and local historical markers City of Palo Alto Page 2 and numerous accounts of the lived experience of individuals who live, work or worship in Palo Alto. The HRC believes that the Commission could play a vital role in addressing issues related to equity and inclusion in the community and has identified the following action plan for the commission to pursue in the next year: • The HRC will equip the community for grassroots change and leveraging community connections for exponential reach • The HRC will partner with 100 community leaders to lead community circles in the next 12 months • The HRC will facilitate the formation of 100 community groups to meet and discuss issues of race and belonging over the next 24 months • The HRC will compile a report and findings from community conversations over the next 26 months • The HRC asks the City Council and Community to commit to make this moment a pivot point and commit to be a model for diversity, inclusion, equity, and belonging Stakeholder Engagement The draft HRC report on Black and Brown Lives was presented at their December 17, 2020 meeting where public and Commissioner comments were received and considered. Environmental Review This action as recommended is not considered a “Project” under the California Environmental Quality Act (CEQA). Attachments: • Attachment A: Memo to City Council from Human Relations Commission • Attachment B: HRC Report - Black and Brown Palo Alto - History and Current Experience To: City of Palo Alto City Council From: Human Relations Commission Date: January 6, 2021 Subject: Black and Brown Palo Alto, History and Current Experience, A Response to the City Council Referral to the Human Relations Commission I. Background In early June 2020, the City Council adopted a Resolution affirming that Black Lives Matter and committed to address systemic racism and bias, and honor the lives of George Floyd, Breonna Taylor, Ahmaud Arbery, and others that have fallen victim to violence at the hands of authorities. These events served as catalysts for leaders at every level of government to see the need for action to confront systemic racism and bias. The City Council further directed the Human Relations Commission (HRC) to produce a report on the Black and Brown history and current community in Palo Alto. The attached presentation is the HRC’s response to that referral. II. Sources Published and online sources were the basis for many of the historical markers reported. (See Presentation Appendices I and II). Much of that material came from the Palo Alto Museum and Stanford University Archives and Office of Community Engagement. We are grateful for their assistance. Public and online forums were the basis for much of the lived experiences. These included @Palo Alto Speaks, an online forum initiated by the City Communication Office; June 2020 Black Lives Matter protests and demonstrations; and Youth Rising Up: Can Gen Z Lead on Social Change, a student panel sponsored by Youth Community Service and Embarcadero Media. We thank the organizers and acknowledge with gratitude the individuals who shared their experience. The HRC held two public forums specific to Council referrals. The first, on July 9th, addressed Police Reform-8 Can’t Wait with community input and an expert panel. The second, on August 13th, Bearing Witness to Black and Brown Experiences in Palo Alto, complemented @Palo Alto Speaks. The scope of the history and experience presented is not assumed to be complete. The HRC acknowledges that it could be expanded. With more time, for example, criminal legislation passed in the 1990’s could be added. Additional foundational work, while desirable, is unlikely to change the direction of the conclusions reached in this work. III. Discussion From the written and spoken retelling of personal lived experiences, four themes evolved. These are: • Persistent • We have been doing this a long time and we still don’t get it done. • Consistent aggressions • It’s the DAILY microaggressions that hurt. • Positive role models absent • Young people don’t have positive role models in their curriculum or around town. • Housing denied • Awareness of de jure discrimination limiting access to housing as well as evidence of de facto discrimination IV. Recommendations for Further Work • The HRC will equip the community for grass root change and leveraging community connections for exponential reach • The HRC will partner with 100 community leaders to lead community circles in the next 12 months • The HRC will facilitate the formation of 100 community groups to meet and discuss issues of race and belonging over the next 24 months • The HRC will compile report and findings from community conversations over the next 26 months • The HRC asks the Council and Community to commit to make this moment a pivot point and commit to be a model for diversity, inclusion, equity, and belonging BLACK AND BROW N PALO ALTO HISTORY AND CURRENT EXPERIENCE A Response to the City Council Referral to the Human Relations Commission Januar y 2021 TA BLE OF CONTENTS •Background •Contemporar y Lived Experience •Themes Obser ved •Recommendations 2 BACKGROUND •City Council •Affirmed that Black Lives Matter (June 8,2020) •Committed to address systemic racism and bias (June 8,2020) •Directed the Human Relations Commission to produce a report on the black and brown histor y and current community in Palo Alto (June 15,2020) 3 SOURCES •The history and current experience of local racism was sourced from: •Literature,news reports •PERSONAL LIVED EXPERIENCES shared on: •@Palo Alto Speaks (a City online forum) •June 2020 protests and demonstrations •Yo uth Rising Up:Can Gen Z Lead on Social Change? (Panel presented by Embarcadero Media and Yo uth Community Ser vice) •HRC Public Forums •Police Reform-8 Can’t Wait,with community input and expert panel (July 9,2020) •Bearing Witness to Black and Brown Experiences in Palo Alto (August 13,2020) 4 PERSONAL LIVED EXPERIENCE SPOKEN AT JUNETEENTH-2020 EVENT (FULL TEXT IN APPENDIX IV) •Good afternoon,everybody. •Let’s not fool ourselves.There’s not only inequality. There is inequity within our system,and it’s systemic, a nd many of you have never really even thought about that. I thank you for the fact that you are here today.It’s a great first step, b ut the reality is that’s it’s not enough.It’s only the beginning. •The fact is that starting back in the 70’s as a kid here in these schools,I experienced many of those same things,and it’s angering and frustrating to hear …that all that crap still happens today.We say that this place is special.…,and in many ways it is,but everybody needs to actually, a ctively acknowledge and understand the abuse that black people have withstood for years and years,including today. •Yo u need to be mindful and aw are and obser vant of microaggressions and flat out overt discrimination that you witness. You need to be willing to step in and inter vene and say something, 5 THEMES •Persistent •We have been doing this a long time and we still don’t get it done. •Consistent aggressions •It’s the DAILY microaggressions that hur t. •Po sitive role models absent •Yo ung people don’t have positive role models in their curriculum or around town. •Housing denied •Awareness of de jure discrimination limiting access to housing as well as evidence of de facto discrimination 6 PERSISTENT: WE HAVE BEEN AT THIS FOR SOME TIME AND WE STILL DON’T GET IT DONE. •There was one Black student in the freshman class in 1891 at Stanford.Jane Stanford advocated for that student. •In 1960,there were two in the entr y class. •Campus activism in the 1960’s changed the status quo on campus and in town. •In 2019,the entr y class was 8% Black or African American and 17% Hispanic or Latino.. 7 % of population Pa lo Alto July 1,2019 est. % of population California July 1,2019 est. % of population U.S. July 1,2019 est. Black or African American 1.8 6.5 13.4 Hispanic or Latino 5.6 39.4 18.5 Note:% includes only people reporting one race PERSISTENT: CONTINUED. 8 U.S. Palo Alto0 0.5 1 1600 1865 1890 1960 2020 Lessons from History U.S.Palo Alto II U.S. 1600:Concept of race created to justify slavery 1865:Slavery abolished 1890:Plessy vs. Ferguson upholds segregation and discrimination with ‘separate but equal’ 1960:MLK,Civil and Vo ting Rights Passed 2020:After George Floyd’s death, demonstrations protest police abuse and systemic racism I Palo ALto 1890:Mayfield residents urged to buy property to prevent Negro influx; 1920:African Americans excluded from housing market KKK chapters exist; 1950:Joseph Eichler objects to racial discrimination,sells homes in his developments to ‘minorities’. 1960:Stanford comes through Civil Rights Era with increased support for Black students and faculty; 2020:Escalation of vandalism and/or hate crimes Consistent Aggressions: It’s the daily microaggressions that hurt. •‘I go to the grocer y store. When I get to the checkout lane, I tr y to perform the part of a white person so they don’t ask me for my ID. They didn’t ask the white persons in front of me for their ID.’(5) •I’m a lawyer. I went to Stanford Law School.I’m doing ever ything I’m supposed to do to be successful and move forward and at the time it didn’t matter. All they saw were three Black people.’Tw o or three cops ordered me, a t gun point,to stand against a wall.The assumption of guilt:‘This is how you’re seen before they find out who you are.’(1) 9 CONSISTENT AGGRESSIONS, CONTINUED •‘Going to HBCU to be a part of something ‘ (4) •‘I’m different/It hurts’ (4) •I was followed around stores at the Stanford mall and racially profiled around church grounds,being looked at suspiciously whenever I walked around by my self.When I got into college, I felt I had to wear my school's sweatshirt all the time in the Menlo Park/Palo Alto area so as to pre-emptively defy any negative stereotype people would have of me as I moved through a predominantly white space as a Latina woman.(6) •Me, t oo. I spend a lot of money in that store. And they follow me around. That’s not right.It’s the sum of a lot of macro microaggressions.(6) 10 CONSISTENT AGGRESSIONS, CONTINUED •It was a pretextual stop. H e (my friend) felt deflated,embarrassed,unwelcome, a nd I want to know where in that officer’s time sheet that pretextual stop of this person of color was recorded.Does he have a string of this? Is this a pattern? Because unless we start recording this kind of thing,unless we start using it in evaluations,it just isn’t going to quit.That’s one of the questions I would like to understand.(6) •"Our boys especially were stopped all the time. The first question was always,‘Get out of the car, w here’d you steal the car?” (1) •”The (police) told them their rule was to stop people who look like they don’t belong, s o I guess we look like we don’t belong.”(1) •My family has property in this city for almost 100 years but has always felt that Palo Alto police treat us like invaders who don’t belong. Routinely, P alo Alto police see us driving and immediately make a U-turn to pull us over. T hey have searched our vehicles and detained us for extended periods of time, a ll without cause. (6) 11 CONSISTENT AGGRESSIONS, CONTINUED •Repeated assumptions of guilt –‘it just piles up and piles up’ (1) •‘It’s harder if you’re Black and you live in a city that counts itself as being liberal,mostly white, w here people don’t get it,or are in denial or don’t understand.’ (1) •‘The police officer was so hostile to him.The assumption is that all Black people carr y guns,especially Black men.’ (1) •When I see "Black Lives Matter” signs in people's yards and in their windows in Palo Alto, it seems like a total contradiction if people do a double take and act as though they are afraid when they see a man,woman or child of African American descent.(6) 12 CONSISTENT AGGRESSIONS, CONTINUED •Somehow the image I had of American was of an open minded,liberal people -"the land of immigrants and opportunities".Then I was faced with an attitude of exclusiveness and prejudice…I just hope that other new- comers who are joining this community, w ill not assume that they are excluded because of their personality, b ut this is the culture of the society here.Assuming otherwise is damaging their self-esteem,causing depression.If parents would know of the prejudice and exclusiveness of the American culture,it would avoid all the disappointments,heart broken and humiliation.(6) •I wave hello and smile...and folks look directly at me and either keep walking with a blank stare,check their phones,pretend they can't hear me through their earphones or (even worse, v ery painful and insulting) cross the street.I've gotten a lot of suspicious looks,tugging on purse strings in coffee shops,screwed up faces,turned up noses and shopping carts pushed into the back of my legs.I have been followed when walking or jogging my neighborhood here in Paly and it has been very scary and unsettling.I notice that this kind of behavior isn't directed toward certain racial groups but only towards Blacks.(6) 13 CONSISTENT AGGRESSIONS, CONTINUED •I also hope that when we finish "social distancing" that people figure out how to stop self-isolating, stop judging people negatively and learn how to show more love and kindness overall.I've met a few folks who have been kind but the experience of being Black in Palo Alto has been cloaked in a blanket of racial tension that feels oppressive as though being Black,quietly isn't really accepted or valued in this town.I have never felt so marginalized in my entire life(6) •Feel I am alone in this…feel criminalized,when I go outside, when I leave my house, I am just a black man…no matter how educated I am,no matter I am a senior in college…(3) •I worked tirelessly to assimilate into the dominant culture and downplay my status as a minority, g oing into debt to "look the part" and speaking and acting in a way that minimized the likelihood that people would scrutinize me for "not belonging.”(6) •I consider myself a proud brown woman and mother of a wonderful child.Like everywhere, implicit bias exist in Palo Alto. I remember going to …parks,and to drop off my daughter at a friend's house …where some people, …thought I was the help. I always brushed it off to ignorance. S ince the #BlackLivesMatter movement,it made me realize how my whole entire life I felt insignificant and was never enough (6) 14 POSITIVE ROLE MODELS ABSENT: YO UNG PEOPLE DON’T HAVE POSITIVE ROLE MODELS IN THEIR CURRICULUM OR IN THE COMMUNITY. •Like ever ywhere, i mplicit bias exist in Palo Alto. I remember going to a local school parent party, p arks,and to drop off my daughter at a friend's house for a play date where some people, i ncluding their children,thought I was the help. I always brushed it off to ignorance. S ince the #BlackLivesMatter movement,it made me realize how my whole entire life I felt insignificant and was never enough due to people's implicit bias and the constant barrage of white-washing in beauty advertisements and magazines.(6) •As a Latina woman,…I really do feel like growing up in an area such as MP/PA where most ever yone around me was white and far wealthier than my family will ever be led me to have a complex about being Latina in a predominantly white society. I worked tirelessly to assimilate into the dominant culture and downplay my status as a minority, g oing into debt to "look the part" and speaking and acting in a way that minimized the likelihood that people would scrutinize me for "not belonging." It is still something I struggle with (6) 15 POSITIVE ROLE MODELS ABSENT, CONTINUED •(Parent) asked where/how would POCs be included on his list of “American” artists.The teacher responded with anger. (6) •Representation matters. •Mentorship programs,like The Big Homie Project,let kids see someone like them.’ Mentors push them and make their dreams come true •In school only thing I’m being taught about myself is slavery, n othing positive about myself (4) 16 HOUSING DENIED: HISTORY OF INTENTIONAL DISCRIMINAT ION IN HOUSING SANCTIONED BY LEGISLATION •Palo Alto Real Estate Board President:‘Most of the minority groups do not want to live in sections where they are not wanted…’ 1942 in response to U.S.Supreme Court ruling against housing covenants •Ronald Reagan:“If an individual wants to discriminate against Negroes or others in selling or renting his home, i t is his right to do so,”1964 •President Lyndon B.Johnson,signing the Vo ting Rights Act of 1965 said,‘Today, w hat is perhaps the last of the legal barriers is tumbling.There will be many actions,and many difficulties,before the rights woven into law are also woven into the fabric of our Nation, b ut the struggle for equality must now move toward a different battlefield.’ • 17 HOUSING DENIED, C ONTINUED •Exclusionar y zoning is unconstitutional. •Why not start right here in Palo Alto? And go big with ADUs while we are at it? Plus change the stor y of housing segregation in high school textbooks. (6) 18 HOUSING DENIED, CONTINUED FHA financing and VA loans discriminated against African Americans.Blocked Peninsula Housing Assoc.of PA development of 260 acres, 1948 Supreme Court rules against racial restrictions in real estate CA Fair Housing Law passed,1963. Ballot initiative overturned,1964. Federal Fair Housing Act,1968. 1948/49 Joseph Eichler, 1 st local builder to market homes with anti-discrimination policy, 1 949 1920s Although the 1968 Federal Fair Housing Act ended most racial discrimination in housing,it was too late. Palo Alto Chamber of Commerce proposed ‘a segregated district’, 1920.Colored Citizens Club of Palo Alto argued against,1920 Deed restrictions written in Southgate and Crescent Park subdivisions,1923 19 RECOMMENDAT ION REIMAGINE COMMUNITY, BASED ON DIVERSITY, E QUITY INCLUSIVE BELONGING •The HRC will equip the community for grass root change and leveraging community connections for exponential reach •The HRC will partner with 100 community leaders to lead community circles in the next 12 months •The HRC will facilitate the formation of 100 community groups to meet and discuss issues of race and belonging over the next 24 months •The HRC will compile report and findings from community conversations over the next 26 months •The HRC asks the Council and Community to commit to make this moment a pivot point and commit to be a model for diversity, i nclusion,equity, a nd belonging 20 CLOSING Slavery I Abolition II Civil Rights 1900s III Reconstruction 21 APPENDICES 22 APPENDIX 1 Timelines Markers of Black and Brown Historical Experience 23 24 I.MARKERS OF BLACK AND BROWN HISTORICAL EXPERIENCE A.NATIONAL PERSPECTIVE SELECTIVE TIMELINE Concept of white people first appears in colonial U.K.to distinguish English society from East Indians Concept of race created by colonists,uniting white colonists,marginalizing native people,and justifying slavery U.S.outlawed transatlantic slave trade ended segregation in public places and banned employment discrimination 13th Amendment to U.S.Constitution ratified,Abolished slavery in the U.S. 14th Amendment to U.S.Constitution ratified,Granted citizenship to all persons 15th Amendment to U.S.Constitution ratified,Voting Rights given to Black males Federal Housing Administration financing requires that deeds prohibit sale,resale,and rental to African Americans.At same time VA loans biased against African Americans WWII veterans. Brown vs.Board of Education U.S.Supreme Court strikes down racial restrictions in real estate. Rosa Parks refused to ride in the back of a bus in Montgomery,Alabama. 1613 1660’s 1808 1870 1865 1868 1956 1956 1954 1950’s 25 March on Washington,Martin Luther King,Jr.,‘I Have a Dream’speech California Fair Housing Law passed;Overturned by ballot initiative,Prop.14,in 1964. Freedom Summer,Voter registration drive in Mississippi Civil Rights Act of 1964 Voting Rights Act of 1965 Federal Fair Housing Act of 1968 Black Lives Matter founded July 13,2013 to protest police brutality and racially motivated violence against Black people. George Floyd died after he was handcuffed and brutally pinned to the ground by a police officer in Minneapolis. Demonstrations and marches,across the U.S.,protested police abuse and systemic racism. 1965 1964 1964 1963 1963 1968 2013 2020 26 Sources: https://blacklivesmatter.com/herstory/ Cutler,Kim-Mai.East of Palo Alto’s Eden:Race and the Formation of Silicon Valley.Tech Crunch,January 10,2015. https://techcrunch.com/2015/01/10/east-of-palo-altos-eden/ Freedom Summer.History.com Editors.History,https://www.history.com/topics/black-history/freedom-summer Russo,Charles.Un-forgetting the segregationist history of Palo Alto.TheSixFifty.com.June 28,2020. www.paloaltoonline.com/news/2020/06/28unforgetting-the- STANFORD /SPARQ.WHERE DO WE GO FROM HERE?INSIGHTS FROM SOCIAL SCIENCE https://sparq.stanford.edu/products/sparq-insights-race-and-policing Historical Foundations of Race.https://nmaahc.si.edu/learn/talking-about-race/topics/historical-foundations-race 27 I.MARKERS OF BLACK AND BROWN HISTORICAL EXPERIENCE B.PALO ALTO Pop Harris,one of a few Black residents operated a shoeshine stand by the Stanford campus trolley. Channing School photographs show two or three Black children attending.More Black families arrive by 1925.First major Migration during World War II.A Palo Altan ‘urged fellow Mayfield residents …to ‘come forward and buy property…in order to prevent the Negro influx’’(May,1923,Palo Alto Times editorial) Early example of citizen petition.One hundred people protested “the disgraceful act of shooting down a man [identified as ’the Negro Johnson’]on the streets”at midday and they demanded,unsuccessfully,the Constable’s resignation. The Palo Alto Chamber of Commerce advocated creating ‘a segregated district for the oriental and colored people of the city.’ The Colored Citizens Club of Palo Alto was repulsed by the proposal,stating ’agitation for such an ordinance will only create race prejudice and cause race friction and strife and discord.’Their response referenced ’more than 80 colored people’;and 10 Black residents who owned property. Southgate subdivided into 200 residential lots with deed restrictions stating that no persons of African,Japanese,Chinese or Mongolian descent were to use or occupy the houses.Restrictions also were written for Crescent Park KKK chapters in city and University.A women’s branch formed in 1924.Klan paraded in town and burned crosses,but faced resistance and left. AME Zion Church built on Ramona Street. Defense jobs,for WWII,nearly double the Black population.In a housing crunch,few houses,10,become available.Racial covenants persist for ’person(s)not wholly of the white Caucasian race’.U.S.Supreme Court ruled against housing covenants.Palo Alto Real Estate Board President responded,‘Most of the minority groups do not want to live in sections where they are not wanted…’ Klan presence returns.KKK insignia painted at intersection of Homer and Ramona,near AME Zion Church.Klan also responsible for burning down a house of a ‘black man who had moved into an all-white …neighborhood 1897 1942 1923 1920 1892 1897 1925 1924 1946 28 Wallace Stegner,with 150 families,formed the Peninsula Housing Association of Palo Alto.Three families were African American.The cooperative purchased a 260-acre ranch to develop for housing,recreation,retail and services.The Federal Housing Authority did not approve the loan for the development,which included the three African American professionals. Palo Alto Fair Play Council bought 6 acres in South Palo Alto to establish a ‘laboratory for interracial living’.Black,White, Asian families bought homes in the area near Greer Road and Colorado Avenue Joseph Eichler began building homes in Barron Park and South Palo Alto.He was the first local builder who favored selling houses to ‘minorities’,and he was the first national home builder to market homes with an anti-discrimination policy.Eichler homes were available to buyers of any race,color,or creed.In 1958,he resigned from the Associated Home Builders.He objected to their racial discrimination policies. KKK painted by Black Jerusalem Baptist Church.One year later,Palo Alto Fair Play Council report survey results.Nearly 80%of Palo Altans surveyed would rent only to Caucasians. Roy Clay first Black elected to City Council. PAUSD and seven San Mateo County districts were charged with racial discrimination.Settlement of the Tinsley case allows minority students to transfer to PAUSD schools June Fleming appointed first Black City Manager Escalation of vandalism and/or hate crimes;University AME Zion Church defiled with hate signs,Black Lives Matter lawn signs defaced,Black City Council candidate’s lawn sign defaced,and City installation of Black Lives Matter mural defaced. 1949 1949 1993 1985 1951 1948 1970 2020 29 Sources: Gullard,Pamela and Lund,Nancy.History of Palo Alto,The Early Years.San Francisco:Scottwall Associates,1989 Palo Alto Historical Association.Heritage Sharing Our Lives:Black Neighbors of Palo Alto.Video.2002 https://www.youtube.com/watch?v=2XACxt5JVXA http://www.paloaltohistory.org/kkk-in-palo-alto.php Rothstein,Richard.The Color of Law.Recorded Books.2017. Wachhorst,Wyn.Draft Chapter for Forthcoming Book.06/2020 Winslow,Ward and the Palo Alto Historical Association.Palo Alto A Centennial History.Palo Alto:1993 30 I.MARKERS OF BLACK AND BROWN HISTORICAL EXPERIENCE C.STANFORD UNIVERSITY The Stanford experience of Black,Latino,and Native Americans is highlighted in the following.Inclusion begins in 1891.Campus activism continues to force change even now,130 years later.(Note:Activism in support of national/international concerns is not reported here.) Inclusion Milestones:Black and Latino,Students and Faculty at Stanford University “Stanford,Black Since 1891.”The first Black student at Stanford was Ernest Johnson who graduated in the pioneer class of 1895.Jane Stanford,of an abolitionist family,may have been a factor in his acceptance to the class.She contacted University President David Starr Jordan about Ernest. The first graduate of Native heritage was John Milton Oskison (Cherokee,class of 1898). The first Latino graduate was Carlos Eliseoe Cortes in 1905. The first Mexican American student,Helen Gertrude Dominguez,graduated in 1920. Dr.James Gibbs,Jr.was the first tenured Black professor at Stanford.He led the faculty committee that designed the Undergraduate Program in African and Afro-American Studies,the first of such programs at a private university.[Note:today advocates are calling for Stanford to follow its peers and make African and African American Studies,now 50 years old,a department.] 70-80 Latino students were admitted and studied at Stanford in the early 1970s. Stanford had nine Mexican American faculty. Arturo Islas became Stanford’s first tenured Chicano faculty member.El Centro Chicano y Latino was established in 1977. 52 Hispanic faculty at Stanford. 477 students identified as Black or African American,non-Hispanic. 1891 1920 1966 1969 1975 1976 2009 2019 1898 1905 31 Rainbow Coalition formed by the Asian American Student Association,Black Student Union,Movimiento Estudiantil Chicano de Aztlán (MEChA),and the Stanford American Indian Association.The “Rainbow Agenda”highlighted shared needs, including increased recruitment of students and faculty of color,improved curriculum and ethnic studies,a permanent ban on grapes,and a renewed commitment to discourage Indian mascot fanatics.In 1988,they protested the ethnocentric Western Culture requirement,and in 1989 took over of the President’s Office. The use of racial epithets or their equivalent became a violation of the Stanford student code of conduct after residents of Stanford’s Ujamaa ethnic theme dorm experienced racial attacks by their fellow students.Ujamaa celebrates Black culture and heritage. Rainbow Coalition pressured the administration to investigate racial bias,discrimination,and quality of life for students of color in greater depth.The final report of the University Committee on Minority Issues documented the need for more minority faculty and staff,and support for minority students. In May,the night that a jury acquitted the police officers of assault in the beating of Rodney King in Los Angeles,more than 300 Stanford students,led by the Black Student Union,and joined by AASA,MEChA,and SAIO,march from campus to the Palo Alto police station and protest the verdict. Students of Color Coalition,made up of AASA,BSU,MEChA,and SAIO,launch a campaign against threatened cuts to the ethnic community centers’budgets.A town hall meeting is held,“Fulfilling Stanford’s mission:the gap between Rhetoric and Reality;”an extensive report is prepared by the four ethnic community centers.Administration allocates fixed-term funding for two years to support academic and cultural programs,and graduate student recruitment and retention. The Chicano Hunger Strike witnessed the frustration of students on many fronts:a Chicanx studies program,a ban on grapes (as field workers were disproportionately exposed to pesticides),the establishment of a community center in East Palo Alto, and the rehiring of Cecilia Burciaga,former Provost for Chicano affairs and the highest ranking Latina administrator,who was laid off that March.The Hunger Strike,along with the disruption of a Faculty Senate meeting by the Concerned Students for Asian American Studies demanding an Asian American Studies program,led to the founding of the Center for Comparative Studies in Race and Ethnicity. Concerned Students for the Community Centers,a coalition including AASA,BSU,MEChA,and SAIO,campaigned for increased funding and facilities for ethnic community centers.Soft funding was approved by the President and Provost. 1987 1988 1989 1992 1994 1994 2001 32 The Diversity and First-Gen Office (DGen)was created to respond to concerns about the experiences of first-generation (first- gen)college students,to highlight social class as a part of the diversity equation and to innovate diversity programs in general and social class in particular.Stanford University was originally founded as a tuition-free institution and has a history of supporting the education of first-generation and low-income students.The Office of Financial Aid continues need-based financial aid packages. The Who’s Teaching Us movement campaigned for faculty diversity and in support of ethnic studies and community centers. Following pressure by Native students,the Administration formed an advisory group to study the renaming of features of the university,including buildings,streets,monuments,endowed positions,and prizes,that are “inconsistent with the University’s integrity or...harmful to its research and teaching missions and inclusiveness.”Among other changes,Serra Mall,named for Father Junipero Serra,the 18th century founder of the California mission system,was renamed Jane Stanford Way for one of the University founders. Source: Contributed by Stanford University Archives and Office of Community Engagement.August 2020 Cohn,Bob.Who Gets in?Stanford Magazine.September/October 1996.https://stanfordmag.org/contents/who-gets-in 2011 2016 2018 APPENDIX 1I Additional Sources 33 34 (1) Black in Palo Alto. P alo Alto We ekly. L iving Well.July 3,2020.P.21-22 (2) City of Palo Alto Human Relations Commission Public Forum.Bearing Witness to Black and Brown Experiences in Palo Alto. August 13,2020. (3) City of Palo Alto Human Relations Commission Public Forum and Expert Panel.Police Reform-8 Can’t Wait,July 9,2020. (4) Embarcadero Media and Yo uth Community Ser vice Panel.Yo uth Rising Up:Can Gen Z Lead on Social Change? August 6, 2020. (5) Ly thcott-Haims, J ulie.Real American a memoir. New York:Henr y Holt and Company. 2 017. (6) Palo Alto Speaks:Share Your Stor y. www.cityofpaloalto.org/RaceandEquity (7) Smithsonian.National Museum of African American Histor y and Culture.Ta lking About Race. HTTPS://NMAAHC.SI.EDU/LEARN/TA LKING-ABOUT-RACE (8) Stanford Facts 2020.Stanford University To day. https://facts.stanford.edu/wp-content/uploads/sites/20/2020/02/StanfordFactBook-2020.pdf (9) U.S.Bureau of the Census.https://www.census.gov/quickfacts/fact/table/paloaltocitycalifornia,US/PST045219 APPENDIX III Representative Public Fo rums Summer 2020 35 PA LO ALTO SPEAKS 36 YO UTH RISING UP 37 APPENDIX IV Tr anscripts—Lived Experience Ju neteenth 2020 Palo Alto 39 Good afternoon,everybody. I am Palo Alto High School Class of 1987,born in Columbus,Ohio. M y family moved here in 1972.My father was born in Columbus,Ohio, a nd left there when he earned his PhD in Education Administration.That was also with a little bit of a push from my mom,who was raised in We st Virginia,a coal miner’s daughter with a third-grade education. Now, I will also tell you that I am a reluctant public speaker here today.My mom’s grandmother, w hom I loved ver y much and whose father was my hero,my grandmother was quite a believer in God and felt that if you did not believe in Him,you would not make it to heaven.My grandfather did not attend church all that much,but he never yelled,and he never swore. I can’t say that I am the same, s o today I don’t know if you’re going to get a little bit of a sermon,or if you’re going to get a little bit of Richard Pr yor. But in all seriousness,one of the reasons why it was important for my mom to leave the state of We st Virginia was because of the deep-rooted,systemic racism that she experienced there. S he does not swim.She has a fear of water, b ut she was never given the opportunity to overcome that,because where she lived,blacks were only permitted to swim in the pool the day before it was closed for the season. 40 It’s things like that that many of you have never experienced or never thought about.We have moved here, a nd many of us have lived here in Silicon Va lley because of the opportunities in front of us related to education and jobs and innovation and entrepreneurialism,but let’s not fool ourselves.There’s not only inequality. There is inequity within our system,and it’s systemic, a nd many of you have never really even thought about that. I thank you for the fact that you are here today.It’s a great first step, b ut the reality is that’s it’s not enough.It’s only the beginning. I could give you a long list of things,such as my paternal great,great grandmother being the product of a rape of her mother at the hands of her master and the fact that she was given to her white sister as a wedding gift.So my existence is ver y checkered in and of itself.But when we talk about the perception of opportunity in a place like this,we cannot we fooled.Makayla already ver y eloquently spoke about what she has experienced,and the fact is that starting back in the 70’s as a kid here in these schools,I experienced many of those same things,and it’s angering and frustrating to hear and to know wholeheartedly that all that crap still happens today.We say that this place is special.I’ve said that this place is special,and in many ways it is,but everybody needs to actually, a ctively acknowledge and understand the abuse that black people have withstood for years and years, including today.It’s unfortunate that it’s taken so many deaths for some people to actually wake up, b ut I’m happy that many of you finally have . D o not let a day like today be your only method 41 or action when it comes to truly fighting for our countr y.We are in true crisis,true crisis. Register to vote. G et out your vote. Talk to people, a nd get this started.[Applause] My challenge to you is to do more. Vo ting is just the beginning,but what are you going to do after today and tomorrow and the next day with your money, a nd with your opportunity. You need to be mindful and aw are and obser vant of microaggressions and flat out overt discrimination that you witness. Yo u need to be willing to step in and inter vene and say something, e ven if it means that you have a sacrifice, b ecause ultimately our goal when I talk about equality and true equity is the fact that those of you who have privilege –and some of you have privilege that’s so far and above that you don’t recognize it –that you’re going to have to share more of the pie. Your piece of the pie is actually going to get smaller, b ut the reason that you need to be willing to give up that piece of the pie is on principle alone. O therwise, y ou’re full of it.Just straight up. S o,even with your internal conversations that you have with yourself today,make a decision. Are you part of the change? Are you friend,or are you foe? That’s what I want to know. A re you friend? [Applause] When George Floyd was killed –murdered,thank you –I did not have a strong emotional reaction.I had an expletive in my head.Oh,here we go again.But the reason that I did not have a strong emotional reaction is because my people have been through this time and time and time again,not just a hundred years ago, n ot just fifty years ago. L ast week.Ye sterday.Those that we see, b ecause of these devices that are –I’ll going on a tangent ,messing with our kids’ mind, 42 because kids are too involved on those things.Yo u’ve got to get off of that a little bit.Read a book –the exposure that people have gotten because of the videos is helpful,but why? I’ve asked myself,why now? Why is it different now than it was last week,last month,last year, l ast decade? People have been getting killed for forever, a nd nobody has said anything.This is the time to stand up and step forward.[Applause] Thank you.At first I was frustrated when people would say,“Well,it’s because of COVID, a nd I finally saw it,” and whatever. T hat pissed me off.But in the end, if that’s the case, I accept it,as long as there is a positive result.Is it because it was so nonchalant and so methodical and so protracted,even with private citizens ver y respectfully coming in,in order to inter vene, y et they were rebuffed? Ask yourself these questions,because there’s a long list of people that you could name off,even in the last number of weeks who have been killed. Ultimately, f or those of you have privilege and those of you who have not experienced racism and have actually been able to take advantage of it,I’m not here to shame you today.I appreciate the fact that you are here, t he fact that there is acknowledgment,but my challenge to you once again is to make sure that this is not just a moment,but that it is,in fact,a movement and that you,when you get to your final day,can say to your family you actually did something and helped create positive change, n ot just here in Palo Alto, b ut within the world.[Applause] APPENDIX V Lythcott-Haims, J ulie. R eal American a memoir. New York:Henry Holt and Company.2017. 43 44 White people. We win some small victories but America behaves as America does, and we experience small slights and enormous tragedies committed by you. My nephew is a forty-one-year-old Black man and he was at your house the other day because he and your husband are old friends and he was in town for a meeting so he stayed with us but came over to your place to hang out for a long, long while and he left his shoes behind. (How does a man leave a house without his shoes is the kind of question often left in the wake of my nephew –my nephew who from the airport as he waits for his flight to New York texted me Can u get my shoes from my friend’s house and mail them to me?) So I drive over to your house, which is in my neighborhood, and it is evening and it is dark and I park my car at the curb and make my way along the stepping-stones of your manicured walk and I ring the doorbell and to the left of the large door is a picture window with drapes only partly drawn against the dark night and from a warm living room your little blonde girl peers out at me and then turns around and tells you something. Then you answer the door and say quite sternly, “How can I help you,” and I just want to pick up some fxxx shoes left by my nephew at the home of his close friend and his wife but instead I perform. 45 “Hi, I’m Michael Ly thcott ’s Aunt Julie, I’m here-“ “What?” “Yes, sorry to bother you, but I’m here to pick up my nephew Michael’s shoes-“ “Your-?“ “Yes, my –Michael, he apparently left his shoes?” I gesture to the pile of shoes visible in the foyer behind you. “He texted you, told you I’d be coming by to pick up his shoes. Or he called you?” Yo u hear the name of your close friend, my nephew, now for the third time. Your foreboding facial façade gradually falls away into a relaxed smile. “Oh yes of course,” you say, stepping back, sweeping your hand across the vestibule of your doorway as if to invite me in, relief visibly slaking off your once-rigid body, and you point at a pile of shoes, where my nephew’s lie indistinguishable in the heap of the shoes belonging to your family. And you make some statement about how you love my nephew and I plaster a false smile on my face, which you know is false, and my nephew’s shoes are a size twelve and when you hand them to me they leave behind their absence, an absence you will stare at after I leave and even when you take your toe to the corner of your husband’s shoe and kick it so it fills the space left by my nephew’s you will remember my nephew’s shoes. TO: HONORABLE CITY COUNCIL FROM: ED SHIKADA, CITY MANAGER DATE: JANUARY 14, 2021 SUBJECT: AGENDA ITEM # 3 - DISCUSS AND ACCEPT THE HUMAN RELATIONS COMMISSION’S REPORT “BLACK AND BROWN PALO ALTO – HISTORY AND CURRENT EXPERIENCE” AND PROVIDE FEEDBACK AND DIRECTION ON THEIR ACTION PLAN TO ADDRESS EQUITY AND INCLUSION Attached is an additional addendum (Addendum IV) to the report submitted by the Human Relations Commission on "Black and Brown Palo Alto - History and Current Experience" submitted as part of staff report #11911. It includes the transcript of speeches given on King Plaza on Friday, June 19, 2020 as part of the Juneteenth Event. Please note that the transcript does include uses of strong language which the Human Relations Commission has made a choice to leave in this appendix in order to accurately document the speeches as they occurred. __________________________________ _______________________________ Kristen O’Kane, Ed Shikada Community Services Director City Manager 3 DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA APPENDIX IV Transcripts—Lived Experience Juneteenth 2020 Palo Alto DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 2 The Human Relations Commission has made a choice to leave uses of strong language in this appendix in order to accurately document the speeches as they occurred. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 3 #1 Good afternoon, everybody. Good afternoon, everybody. My name is Brian Chancellor. I am Palo Alto High School Class of 1987, born in Columbus, Ohio. My family moved here in 1972. My father was born in Columbus, Ohio, and left there when he earned his PhD in Education Administration. That was also with a little bit of a push from my mom, who was raised in West Virginia, a coal miner’s daughter with a third-grade education. Now, I will also tell you that I am a reluctant public speaker here today. My mom’s grandmother, whom I loved very much and whose father was my hero, my grandmother was quite a believer in God and felt that if you did not believe in Him, you would not make it to heaven. My grandfather did not attend church all that much, but he never yelled, and he never swore. I can’t say that I am the same, so today I don’t know if you’re going to get a little bit of a sermon, or if you’re going to get a little bit of Richard Pryor. But in all seriousness, one of the reasons why it was important for my mom to leave the state of West Virginia was because of the deep-rooted, systemic racism that she experienced there. She does not swim. She has a fear of water, but she was never given the opportunity to overcome that, because where she lived, blacks were only permitted to swim in the pool the day before it was closed for the season. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 4 It’s things like that that many of you have never experienced or never thought about. We have moved here, and many of us have lived here in Silicon Valley because of the opportunities in front of us related to education and jobs and innovation and entrepreneurialism, but let’s not fool ourselves. There’s not only inequality. There is inequity within our system, and it’s systemic, and many of you have never really even thought about that. I thank you for the fact that you are here today. It’s a great first step, but the reality is that’s it’s not enough. It’s only the beginning. I could give you a long list of things, such as my paternal great, great grandmother being the product of a rape of her mother at the hands of her master and the fact that she was given to her white sister as a wedding gift. So my existence is very checkered in and of itself. But when we talk about the perception of opportunity in a place like this, we cannot we fooled. Makayla already very eloquently spoke about what she has experienced, and the fact is that starting back in the 70’s as a kid here in these schools, I experienced many of those same things, and it’s angering and frustrating to hear and to know wholeheartedly that all that crap still happens today. We say that this place is special. I’ve said that this place is special, and in many ways it is, but everybody needs to actually, actively acknowledge and understand the abuse that black people have withstood for years and years, including today.It’s unfortunate that it’s taken so many deaths for some people to actually wake up, but I’m happy that many of you finally have. Do not let a day like today be your only method DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 5 or action when it comes to truly fighting for our country. We are in true crisis, true crisis. Register to vote. Get out your vote. Talk to people, and get this started. [Applause] My challenge to you is to do more. Voting is just the beginning, but what are you going to do after today and tomorrow and the next day with your money, and with your opportunity. You need to be mindful and aware and observant of microaggressions and flat out overt discrimination that you witness. You need to be willing to step in and intervene and say something, even if it means that you have a sacrifice, because ultimately our goal when I talk about equality and true equity is the fact that those of you who have privilege –and some of you have privilege that’s so far and above that you don’t recognize it –that you’re going to have to share more of the pie. Your piece of the pie is actually going to get smaller, but the reason that you need to be willing to give up that piece of the pie is on principle alone. Otherwise, you’re full of it. Just straight up. So, even with your internal conversations that you have with yourself today, make a decision. Are you part of the change? Are you friend, or are you foe? That’s what I want to know. Are you friend? [Applause] When George Floyd was killed –murdered, thank you –I did not have a strong emotional reaction. I had an expletive in my head. Oh, here we go again. But the reason that I did not have a strong emotional reaction is because my people have been through this time and time and time again, not just a hundred years ago, not just fifty years ago. Last week. Yesterday. Those that we see, because of these devices that are –I’ll going on a tangent ,messing with our kids’ mind, DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 6 because kids are too involved on those things. You’ve got to get off of that a little bit. Read a book –the exposure that people have gotten because of the videos is helpful, but why? I’ve asked myself, why now? Why is it different now than it was last week, last month, last year, last decade? People have been getting killed for forever, and nobody has said anything. This is the time to stand up and step forward. [Applause] Thank you. At first I was frustrated when people would say, “Well, it’s because of COVID, and I finally saw it,” and whatever. That pissed me off. But in the end, if that’s the case, I accept it, as long as there is a positive result. Is it because it was so nonchalant and so methodical and so protracted, even with private citizens very respectfully coming in, in order to intervene, yet they were rebuffed? Ask yourself these questions, because there’s a long list of people that you could name off, even in the last number of weeks who have been killed. Ultimately, for those of you have privilege and those of you who have not experienced racism and have actually been able to take advantage of it, I’m not here to shame you today. I appreciate the fact that you are here, the fact that there is acknowledgment, but my challenge to you once again is to make sure that this is not just a moment, but that it is, in fact, a movement and that you, when you get to your final day, can say to your family you actually did something and helped create positive change, not just here in Palo Alto, but within the world. [Applause] DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 7 #2 Thank you. Good evening, everyone. My name is Makayla Miller I’m a part of the graduating class of Palo Alto High School and former President of the Paly Black Scholars United Club, or BSU. Being a part of and running BSU was both the best and worst thing for me during my time at Paly. BSU was my home on campus. It was where I found my voice and my culture, and where I learned to love myself and my beautiful black features. BSU taught me how to be unapologetically me, and that I am capable of doing so much more than the bare minimum. But unfortunately, BSU also highlighted the prejudiced acts, discrimination and blatant racism that I had been sweeping under the rug. These were things like teachers assuming that I need extra support without checking in first. Staff being extra watchful around me and a group of my friends, or making us relocate for seemingly no reason. Students side-eyeing us and drawing up when we passed them in the halls. Sports directors who only care if their minority students are passing their classes in order to play and not helping them excel to further their education. Administrators who doubt we can get into more rigorous schools and making us apply to way more than we actually need to. Oftentimes, I let these things slide without a second glance, but today I stand here using my voice and understanding that it’s not unfortunate that BSU taught me all of these things. It’s unfortunate that I didn’t recognize them sooner. For too long I thought this was the norm. I always thought that being black in a school full of white was the problem, but it’s deeper than that. It’s the disproportionate amount of privilege that allows for those with it to follow the straight path that was paved for them by those without it. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 8 Racism stems from stereotypes and prejudice that gets carried into our schools, governments, medical care and policing systems, the very systems that we, as a society and as a community, rely on to serve all of us in the best way possible, but unfortunately a virus of racism has taken over, and the community, the black community, my community, is being affected in the most heart-wrenching, debilitating way you could possibly imagine. For some of you, this may seem new, but for us this is just life. As a collective, we need to start paying more attention to the little things and speak up about them. For too long we’ve been preaching how to be an upstander and not practicing. Today, we leave here as upstanders. We won’t stay silent any longer. Thank you. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 9 #3 Hello, everybody. Thank you guys for coming out, first and foremost. My name is Koby Johnson, Palo Alto High School Class of 2020. I was born in New Jersey. My parents moved here when I was really young, about three years old, because they heard great things about the schools in the area. Palo Alto school was supposed to be the pride, the number one district in the state, according to our leader of the district. Yet, there’s so much wrong in our school system. So, today I want to talk to you more about that. This country likes to see itself as a meritocracy. As a result, we view school as the great equalizer, where anybody who works hard enough and pulls hard enough can raise themselves up, get an education, and get further in the world. However, for us black people that couldn’t be further from the truth. Here, in Palo Alto Unified, we pride ourselves on being one of the best –the best of the best for public school. Our superintendent constantly refers to this district as number one. Yet, our black students only have about a coin flip odds of graduating, so that they can apply to a California state university. Our students can’t breath. I can’t breath. [Applause] Parents choose to move here, Palo Alto, because of the schools. Many black families move from all over. They choose to come here and pay taxes for kids to attend these public schools, and yet they watch as their kids are told, both directly and indirectly, that they aren’t smart enough for higher level classes, they can’t challenge themselves, they shouldn’t challenge themselves. They came to Palo Alto because of the schools, and they end up leaving the district because of the schools. Because in these schools, black students can’t breathe . I can’t breathe. [Applause] My parents made sure to surround me with many black friends growing up, and I watched as my black friends ended up leaving this school district, one at a time, due to various incidents.. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 10 I still remember when one of my best friends told me that his math teacher said that he was a slow learner. He should lane down. He couldn’t do it. He couldn’t compete in the math, despite the fact that he could clearly do well, and he ended up doing very well. He left that district the following year. He couldn’t breathe. I can’t breathe. [Applause] Out of all of those friends, going into high school, I was the only one left. Every class I walked into, I felt an intense pressure to prove assumptions about my race wrong. I worked twice as hard in class, just so that everybody knew I was capable of doing well, that I deserved to be there, and that I could do it. But in the process of proving people wrong, I was a victim to my own stereotype threat. I became isolated from what little black community there was in our schools. It’s my biggest regret that I wasn’t involved more in our community, even when I succeeded. Even when I graduated, I still failed. I still couldn’t breathe. I can’t breathe. [Applause] School determines the rest of our lives. It can set us up for success or lead us to fail. This Juneteenth we need to make sure that our voices are heard, and when we do, we need to declare that we want to fix our schools. We want black students to go on to four-year colleges. We do not have institutional, multi-generational wealth to get tutoring to do well in schools, when we might not be otherwise able to. We need to call out, we need to demand that education works for us. We need to breathe. I need to breathe. [Applause Thank you guys for coming out. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 11 #4 Thank you for having me. I am a Harrison. Our family was from the first blacks to move here to Palo Alto. Class of 1991, Paly. My brother and I grew up in a house right across the street from Uforia –828 Ramona. I brought a report that I wrote in fifth grade at Addison Elementary School, “My Heritage in Slavery.” I want to share a little bit of it for you [reading]: My name is Michael Allen Harrison, Jr. I was born November 24, 1973, at Stanford Hospital in Stanford, California. In this report I will be telling you about my heritage as I have been told. Years ago, we were treated really by the Indians. Was it because we dressed different? Was it because they had problems with our language, or was it because we came to their land? Spaniards came for gold and silver. Dutch and Swedes came for furs and trade. The English came for freedom and for a better life. Disease and famine took its toll in Ireland, and since this happened, many Irish came to America. For a while, Orientals came to work on the railroads. During these years, more people came to America than any other place. My heritage as far back as I was able to learn, went back to slavery times in the United States. Although slavery ended about 120 years ago, that is where names were changed, and some families were lost. In my grandmother’s house, there is a picture of my great, great, great grandmother. Her name was Ann. She was brought here from Africa to South Carolina at the age of 13, at which time she was auctioned off as a slave. Because she lost her identity, she was re-named Ann and given the last name of her slave master, Mason. The Mason family moved from South Carolina to Tennessee shortly after Ann became pregnant by her white slave master. After she gave birth to a son named Tom, she took her child and hid in a cave for six months. Ann did this because she was afraid the slave master would separate her from her son, and she would never see him again. In 1865, when slavery would have been abolished, my grandmother, Ann, was freed. She only bore one child, and that became my grandmother’s grandfather. My ancestors on the Harrison side of the family followed the same pattern on the Mason side. Both go back to slavery and are full of questions about their slave masters. My great, great, great grandfather’s name was not passed on down through the family. All that was known about him is he was a cook for General Harrison, his slave master, in Petersburg, Virginia. Working in the household for slave masters was a privilege, and it is not known why he was so fortunate. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 12 My great, great grandfather, Edward, was raised by my great, great grandmother, Amy, and his brother Isaac. Isaac was a sharecropper in Walscow [phonetic] County, North Carolina, where he mostly grew cotton, corn and molasses. My great, great grandfather, Jerry, was one of Edward’s kids –I skipped that part. On January 12, 1993 [sic], he was born in Monroe, North Carolina. Except for the time in fighting in World War I, he only stayed in North Carolina until he moved here in 1923, where he brought my grandfather. My grandfather, Owen [phonetic], was four years old at this time and was part of the first class at Addison Elementary. In conclusion, there have been a lot of changes for people who have either immigrated or shipped to the United Sates. Some people are able to follow their heritage easier than others, because they weren’t forced to change their names and leave their country. Applause] Those were kind of the cliff notes of that report. When I got up here, I wasn’t sure what I was going to say, what to talk about during this time, but I decided that I would share some of my experiences for you here in Palo Alto. Like I said, our grandfather was in the first class at Addison Elementary School. We went there, I remember, as most black people do, I remember the first time that I was called a nigger. I was on my way to the Santa Cruz Beach Boardwalk with my family, and we got out of the back of the truck. We were crossing –there’s a train bridge, if you’ve been there, there’s a bridge that you could walk across –and as we were walking over to the steps, somebody yelled out from the back of a pickup truck, nigger. I didn’t know the weight, I didn’t know the meaning, but I could tell that it was coming from a place of hate. Growing up here was challenging. It was different. There are fewer black kids here now, black families, than there were when we were here. I remember the first time really feeling different, when I was at a party. It was probably my sophomore year, and I realized this is where we stood out, and we weren’t accepted. We were going to a party, me and four other of my black friends. We got to the door, and DC[phonetic] was from South Africa. She was white, didn’t understand the global context, but as we went to go into the party, she stopped us. All four of us, we sat there in the middle of the walkway. It was like a stream going around a rock. I watched as my white friends walked into the party. Some of them looked at me from inside, didn’t vouch for us, didn’t say a word. At that point, I realized, you know what? That I was, indeed, different and that I was not the friend that I thought that I was to them. It hurt. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 13 A couple years ago, my son [Applause] and his friend went trick-or-treating. We were in Old Palo Alto. Mr. Jobs was doing the party thing, so all the residents were there. I decided to take them around the rest, the periphery, because that’s where all the candy was going to be, right? Everybody was there, doing that. The neighbors were going to pass out their candy. I took Drew [phonetic] and Ryder [phonetic] up to a house, and I looked up, and it all came back. I recognized that the house that they were trick-or-treating at was the house that I wasn’t let in. I remember I was late teens or early 20’s, I was driving my mother’s car. I had grown out my beard a little bit. I was going to through like a Rasta phase, where I had my little hat, my little John Lennon Rasta glasses on. My mother had a really nice BMW at the time. I remember driving down Middlefield, right where Greene is. I was going to pass over into midtown Palo Alto. As I was passing Greene, going up there, I got pulled over from behind. Not from the front, obviously. I got pulled over. As you know, there is no parking along Middlefield, so I had to pull in to the residential area. I knew that I didn’t do anything wrong. It just felt wrong. I pulled over there, and I was upset. It’s not the first time that I had been followed. It certainly didn’t feel fair. As I looked in my driver side rearview mirror, I saw the cop get out and put his hand on his gun. He crept out and was slowly approaching me. I’ve never been more scared in my life. I thought that was it. At that point, I panicked. My mother had a car phone. It was one of those big old ones, if you [inaudible], like the military phone. Half the time they wouldn’t get through. I picked it up to call my mom and say, “This is what’s happening.” Fortunately, there was a white wom an that was watching it, and she came out of her house to ask me if everything was okay. Reflecting upon it, and seeing what I do today, I’m wondering if I would have been one of those statistics, somebody else murdered just for the color of my skin. I remember coaching basketball at Greene. I left from it, turned left on California, and I watched an officer pass by me and looke d up into my rearview mirror, because at this time I assumed when I passed a cop that I was going to get pulled over, it had happened so many times. I watched him pull a U-turn, follow me all the way over onto Fife Avenue. For those of you who know, it’s a block street. He followed me all the way in until I parked, and kept going. I’ve been pulled out of my car, literally because I fit the description of a hit-and-run, pulled up against the tree, hands behind my head, as people stared. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 14 What people don’t understand, it’s not just about the beating, it’s not the brutality, it’s the indignity that you suffer as this cop was there, when everybody drives by and sees you and then fills that stereotype. “Of course he’s black. He must have done something wrong.” Every time that it happens, you know the next person isn’t going to get the same treatment. It doesn’t go away. Those scars are still here. You can ask Brian. You can ask Jamal. They’ll tell you many stories of when this has happened to us. It doesn’t go away. I have mixed feelings about being here today. Honestly, I don’t know what to think about it, and these times right now. I’m encouraged to see everyone here, but like Brian, I cannot say that I’m hopeful, because history has shown me something different. We’ve had a Civil Rights Movement. Like Brian said, where was everybody a few weeks backs? Then everybody started to claim their white privilege , and it felt to me like it was trending, it was vogue. Honestly, it’s hard for me to trust the sincerity of it, because, like I said, this is just the beginning. If you’re not in it for the long haul…I know you don’t know what it is, but please step away now. All right [Applause] I know it’s hard to change. It’s hard to change, especially when you don’t have any skin in the game, when you’re privileged, but I’m hoping that you will. I’m hoping that you’ll learn more. I’ve seen a bunch of different ways of how you can help and step up and be part, help the black community, because we matter now, apparently. To me, if you want to help, the way to do it is through education.It’s not just learning yourself. It’s getting it into the schools, right? [Applause] High school is too late. High school is too late. My kids know about it. My daughter is six- and-a-half. She has to know about it. She’s afraid for me. She has to. So do yours. We have to demand it in schools. You can’t sit back and worry about your test scores and everything is okay. You have to demand a change. We need to teach a real history. That starts with the genocide of the indigenous people. [ DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 15 With that being said, you’re here. You’re here. One last thing about the education. This isn’t just about including black studies or ethnic studies. This is about studying your whiteness. [Applause] It is about knowing your own history. This is about knowing how you affect us, how everybody is affected by it. Let’s talk about what the United States is and what it’s done to people. The narrative about…Tell me how, at this point, people are still afraid of black people. We’re the one that’s been suffering for the last 400 years. It’s the narrative. How do you do that? You make us less than human. You make us the violent people, people that you’re afraid of. How? When has there been a mob of blacks that have gone out and killed whites? Anybody? Anybody? So, understand where it’s coming from. Learn your history. Change the narrative. You don’t have the excuse anymore of not knowing. The information is there. Go out and get it and force it. Force it in the school districts. That’s the only way that this is going to change. You can paint the school. You can change the flags, but if you don’t change the curriculum, if you don’t change the teachers and the books, it’s the same. [Applause] More black teachers. More black everything. Like I said, I want to finish on a positive note. I feel like that’s something I do, but I guess I can’t. You know what I mean? I can’t get my hope up. I can’t. Because it will hurt too much to see it all washed away. So I’m counting on you.Help. Do better. Thank you. [Applause]. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 16 #5 Hello, everyone. I’m Elijah Steiner. I’m in the graduating Class of 2020. [Applause] I am the Vice President for the BSU, the same BSU as Makayla. I’m part of a very large family, and we all centered our stories of how we’ve experienced racism and how we want to bring about race unity to my little cousin. She compiled all of that and made a poem about racism and the stories of race unity in all my family. So, I’d like to share that with you. [Reading]: Racism is everywhere.A conversation for some .A threatening reality for others.Racism is the heel that holds humanity down.It affects the whole world,every country,city and town.Sun and rain fall everywhere,but invisible greenhouse structures divert it to only some flowers .Let’s make the structures visible,so we can tear them down.With every step forward,a breath.Unity of the races seems so logical,because it means that the color of our skins doesn’t differentiate us; yet our ego and history as a human race have made it more complicated.The vast majority of us sincerely desire justice and must be unifying rather than divisive .With every step forward,a breath.May the sun of reality shine forth with the rays of conciliation.This intense plume of racial discord be dispelled and the resplendent light of peace shed its radiance among this American nation.With every step forward,a breath .Race unity means with loving hearts,we must join together in one universal family.Race unity is advancing our discourse with peers and knowing them well enough to ask for their experience . Unity demands much more than mere tolerance .It requires love and is built by it.With every step forward,a breath.Our hearts are woven together in God’s tapestry.Peace and unity are good for the soul.Peace and love to everyone that you meet.It doesn’t matter if you are black or white .We all used to be black at one point.With every step forward,a breath. Love does not care what color we are .I may be surrounded by the white,but the light of the spirit shines through me,and even in the midst of sadness and the contingent world do I see,the whole,the entire human race,as one soul and one body. With every step forward,a breath .Race unity is a state of being,where the illusion of our bodies is removed,and we no longer see or feel or think of people as separate or others.Race unity is true empathy and social awakening.Race unity is a way of life .We are one .We are one .We are one .So powerful is this light.The earth is but one country,and mankind its citizens. Thank you. [Applause] DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 17 #6 Hi, my name is Jamal Harrison.I’ve been here in Palo Alto for 42 years. I have a very different perspective of Palo Alto. To me, I’m going to be more blunt. The reason why I’m going to sit down instead of standing up, I have too much rage inside of me.I am beyond frustrated and fed up with trying to bite my tongue and be politically correct. I’m done with that shit. [Applause] What we have right now is an opportunity to do some internal reflecting on why are you really here? You can hold the signs. Silicon Valley is very hollow. I will work with all the white privileged, entitled kids. They come to my house and my backyard. I am a success story. I’m a survivor. Why? Because I’m not mentally enslaved anymore. The school system has failed us, all the way through, and they continue to. And it’s comfortable, because it’s not you guys getting squeezed. Gentrification is real. Now, if I were to act upon my rage, it would be a whole different story. During this pandemic, I got, what? Six phone calls from the cops, from my racist neighbor, saying I was doing something wrong. It’d be nothing for me to snap his neck, but for what? I have to be there for my kids. Every time my daughter goes out, I’m scared as shit. Why? Because it’s behind me. I fit the description for everything wrong with this country, based upon somebody’s perspective. That’s bullshit. [Applause] The worst part about it, for me, is the majority of people here, you’re indoctrinated. You’re brainwashed. You really don’t get it. I might be intimidating because I’m bigger than a lot of people that are here, but you don’t know me. I’m a soft soul. I am literally a mentor to so many people here. I’m a life coach. I’m teaching you guys what real life is all about, at least your kids. So what I’ve experienced is a lot of secrets behind your doors and how you guys talk and how you allow your kids to say the n-word. What are you guys doing? Real shit? What are you doing? The CEOs, the CFOs, the venture capitalists, all the people who are on their high and mighty…fuck that. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 18 No. It’s you guys. You guys have the opportunity to speak truth to everything in this corrupt-ass system. It’s working just how it’s supposed to be. That’s the problem. This school district has failed everybody nonstop. I, like the rest of the black people that have been here, we’re great in sports. We entertain the shit out of you guys. We really are . I’m good enough to get scholarships, but I don’t have the college credentials. Why? Because the teachers failed me. I have a 3.7 GPA. I will run anybody over in sports. But I can barely read, and I can barely write. You don’t give a shit about that, as long as I’m making everybody happy that we got these wins. Right? I’m going to bring up something specific right now because it’s to my heart. I’m not trying to put it out to be exposed, but we have an athlete that just graduated from Paly that had a 0.5 credit short to be able to go to college for a full scholarship. Who is being held accountable? Who? Nobody worries about it. You guys cheer him on, “Good job, you did great.” You don’t give a shit about him besides that. No mom. No dad. No grandma. Great grandma is taking care of him. But, nobody’s going to bat for him when it really counts. That’s how hollow you guys are. Real shit. That’s how hollow you are. And I am pointing fingers, because if you’re not teaching your kids about not to say the n-word, you’re doing it wrong. You’re keeping the system exactly the way that it is. [Applause] So at the end of the day, you guys have a truth, and the mirror is going to tell you what it is. Give yourself a moment to look around. See everybody that’s here. Think about it. If they have a mask on, they look familiar to you, to some extent. See what they do after this. Not about this march. What do they do with their kids? What are they going to do differently? Are they going to do the same shit that they’ve always been doing? From what I’ve seen through all of my years, it’s going to be the same. What I’m not going to do is bite my tongue anymore, so when your kids come to my house, I’m going to tell them the truth, and I’m going to ask them, “What are your parents saying differently?” And if not, I’m going to bring it a way that you don’t want me to. I’m not threatening you. I’m just promising you, I’m going to give them the real. I’m going to be authentic as hell and give them truth. [Applause] DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 19 #7 Hello, everybody. My name is Cleo Goodwin, Gunn High School, Class of 2019. [Applause] I was a freshman in high school when I learned what Juneteenth was, and it is always back with me that in the U.S. this still isn’t considered a federal holiday. No history lessons, no days off, just another day on the calendar that people may or may not know about. To celebrate the independence of this country and not the souls who built this country makes no sense to me.[Applause] A country that constantly repeats justice and liberty for all, but ignores the continuous racism brought into an entire nation of people and being told to get over slavery, yet slavery is why we’re in the mess that we’re in now. Without stealing, genocide and kidnapping, this country wouldn’t be half of what it is today. Police have killed approximately 120 people since the murder of George Floyd, and at least five black people have been found dead by hanging in predominantly white neighborhoods. Now it just feels like a never-ending cycle and a waiting game between blacks and racists. In my last speech I asked, why are we still fighting a fight that shouldn’t have started in the first place? Now, I take it a step further and ask, why are still fighting a fight that we never started? Because last time I checked, we didn’t stuff ourselves in boats to do somebody else’s dirty work. We didn’t make our existence illegal. We didn’t throw ourselves in prison for no reason. We didn’t shoot ourselves in the back 12 times with our hands in the air, or face down, already handcuffed at the BART station or walking home from the store. We didn’t kill ourselves in police custody. [Applause] We didn’t shoot ourselves while jogging or asleep in our car, or in our own home, and we sure didn’t hang ourselves from trees. We bend over backwards for this country, and yet we are still ignored and we’re still treated like dirt. [Applause] Juneteenth will forever and always be my independence day, and until my people get the treatment and the respect that they deserve, I’m here to tell you that all black lives will forever and always matter. Thank you. [Applause] DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 20 #8 Thank you. My name is Letitia Burton, and I am a retired teacher from Palo Alto Unified. I was with Palo Alto Unified for about 28 years. [Applause] But I didn’t come to talk to you about being a teacher at Paly. I came to sing for you. Before I do that, though, I do want to say that these are my students from BSU. This is a song that was written by Ysaye Barnwell, who was a singer with Sweet Honey in the Rock. It’s called, “We Are.” [Singing]: For each child that’s born,a morning star rises and sings to the universe who we are . For each child that’s born,a morning star rises and sings to the universe who we are . We are our grandmother’s prayers,and we are our grandfather’s dreamings. We are the breath of the ancestors. We are the children of God. We are mothers of courage and fathers of time . We’re daughters of dust and sons of great vision. We’re sisters of mercy and brothers of love . We’re lovers of life and healers of nations. We’re sisters of truth and keepers of faith. We’re makers of peace and the wisdom of ages. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 21 We are our grandmother’s prayers,and we are our grandfather’s dreamings. We are the breath of the ancestors. We are the spirit of God. We’re mothers of courage and fathers of time . We’re daughters of dust and sons of great vision. We’re sisters of mercy and brothers of love . We’re lovers of life and healers of nations. We’re keepers of truth and we’re seekers of faith. We’re makers of peace and the wisdom of ages We are our grandmother’s prayers,and we are our grandfather’s dreamings. We are the breath of the ancestors. We are the spirit of God. For each child that’s born,a morning star rises and sings to the universe who we are . For each child that’s born,a morning star rises and sings to the universe who we are . For each child that’s born,a morning star rises and sings to the universe who we are . For each child that’s born,a morning star rises and sings to the universe who we are . We are one.[Applause] DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA APPENDIX V Transcript Palo Alto Protest June 6, 2020 22 DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 23 The Human Relations Commission has made a choice to leave uses of strong language in this appendix in order to accurately document the speech as it occurred. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 24 Hello, everybody. My name is Frederick Hudson Alexander. . I’m a junior at Morehouse College, an historically black college [inaudible, crowd cheering] Martin Luther King. I want to dedicate this speech to my aunt, that we laid to rest this morning. She passed from cancer. God rest her soul. Firstly, I want to acknowledge that we are standing here today on the Puichon Ohlone land, land that was stolen [inaudible, crowd cheering] This is the very foundation of America – genocide. Growing up in Palo Alto, I remember in second grade, I had a take-home project centered around your ancestral coming to America, and the first question was, “Where are your ancestors from?” I remember thinking to myself, after discussing it with my parents, well, we go to Louisiana every summer, so obviously we’re from Louisiana. It was then that they told me that we are from Africa. The second question read, “How did your ancestors get to America?” and in parentheses it suggested by plane, by car, by train, by boat. This was when my parents told me to say, “In the hull of a slave ship.” So, a third question read, “How did they feel when they got to America?” Unhappy, I’m sure, right? I say all of this to say, America is deeply rooted in the gross atrocities, barbaric nature and savagery that the seeds of white supremacy have sown into the fabric of America. [Inaudible, crowd noise] I want to make it painstakingly clear that if the United States of America witnessed what the United States of America is doing to black people, the United States of America would invade that country and try to implement change and democracy. I’m talking about the roots of the problems and the seeds, and it’s grown into this tree with many branches. Some of the branches my people have been lynched from. I don’t have time to talk about the tree because I know we’re running short on time. [Inaudible] to talk about housing, education and mass incarceration. Recently, a Trump National Security Advisor, Robert O’Brien, said that he doesn’t believe in systemic racism in policing. If you don’t believe in systemic racism in policing, DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 25 it’s not a far leap to think that you don’t believe it in anything else. So, I’m going to go over these branches in terms that America may understand from a capitalistic framework. Capitalism is the economic systems in which private actors own and control property in accord with their interests. So let’s start with the housing system called redlining. Redlining is the unethical practices implemented by banks that have put services and goods out of reach for residents of a certain area based on race and ethnicity. This practice devalues the home of the Black American. Speaking about education, if you know anything about our education system, it is largely funded through property taxes. When you devalue the home of the Black American, then your schools will never be equal, much less equitable. [Inaudible] a business that is a product of the over-policing and police brutality. It refers to the unique way that the United States has locked up a vast population of the blacks through laws that disproportionately affect us.So these are all systems that beget one another and trigger the other. So, through Robert O’Brien’s willful ignorance, I must say that it is hard to believe the plight of the oppressed when you are the oppressor. There may be people in this crowd that want to debate some of the things I have said, and there are others that may watch this and totally disagree, because they listen to fake news. Which is why I’m going to end with this scenario. Say you are driving down El Camino as a black man or a white man, and you have a magic button in your car that can make you a black man or a white man. I know the answer. I think you know the answer, which tells me that you see the problem. You wouldn’t want it for yourself, so why are you so okay with it for others? DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA APPENDIX VI Lythcott-Haims, Julie. Real American a memoir. New York: Henry Holt and Company. 2017. 26 DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 27 The Human Relations Commission has made a choice to leave uses of strong language in this appendix in order to accurately document the text as it was written. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 28 White people. We win some small victories but America behaves as America does, and we experience small slights and enormous tragedies committed by you. My nephew is a forty-one-year-old Black man and he was at your house the other day because he and your husband are old friends and he was in town for a meeting so he stayed with us but came over to your place to hang out for a long, long while and he left his shoes behind. (How does a man leave a house without his shoes is the kind of question often left in the wake of my nephew –my nephew who from the airport as he waits for his flight to New York texted me Can u get my shoes from my friend’s house and mail them to me?) So I drive over to your house, which is in my neighborhood, and it is evening and it is dark and I park my car at the curb and make my way along the stepping-stones of your manicured walk and I ring the doorbell and to the left of the large door is a picture window with drapes only partly drawn against the dark night and from a warm living room your little blonde girl peers out at me and then turns around and tells you something. Then you answer the door and say quite sternly, “How can I help you,” and I just want to pick up some fucking shoes left by my nephew at the home of his close friend and his wife but instead I perform. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA 29 “Hi, I’m Michael Lythcott’s Aunt Julie, I’m here-“ “What?” “Yes, sorry to bother you, but I’m here to pick up my nephew Michael’s shoes-“ “Your -?“ “Yes, my –Michael, he apparently left his shoes?” I gesture to the pile of shoes visible in the foyer behind you. “He texted you, told you I’d be coming by to pick up his shoes. Or he called you?” You hear the name of your close friend, my nephew, now for the third time. Your foreboding facial façade gradually falls away into a relaxed smile. “Oh yes of course,” you say, stepping back, sweeping your hand across the vestibule of your doorway as if to invite me in, relief visibly slaking off your once-rigid body, and you point at a pile of shoes, where my nephew’s lie indistinguishable in the heap of the shoes belonging to your family. And you make some statement about how you love my nephew and I plaster a false smile on my face, which you know is false, and my nephew’s shoes are a size twelve and when you hand them to me they leave behind their absence, an absence you will stare at after I leave and even when you take your toe to the corner of your husband’s shoe and kick it so it fills the space left by my nephew’s you will remember my nephew’s shoes. DocuSign Envelope ID: 3AD83B03-8363-44C2-B649-8E9CE81A47BA Certificate Of Completion Envelope Id: 3AD83B03836344C2B6498E9CE81A47BA Status: Completed Subject: Please DocuSign: Staff Report # 11911 Addendum IV -AT PLACES MEMO.pdf Source Envelope: Document Pages: 30 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Constantino, Mary AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 mary.constantino@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 1/14/2021 12:53:50 PM Holder: Constantino, Mary mary.constantino@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Kristen O'Kane Kristen.OKane@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 1/14/2021 12:57:44 PM Resent: 1/14/2021 1:01:17 PM Resent: 1/14/2021 1:03:46 PM Resent: 1/14/2021 1:06:06 PM Viewed: 1/14/2021 1:42:23 PM Signed: 1/14/2021 1:42:50 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@cityofpaloalto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 98.42.3.200 Sent: 1/14/2021 12:57:44 PM Resent: 1/14/2021 1:01:17 PM Resent: 1/14/2021 1:42:52 PM Viewed: 1/15/2021 6:59:29 AM Signed: 1/15/2021 7:00:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/14/2021 12:57:44 PM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 1/15/2021 6:59:29 AM Signing Complete Security Checked 1/15/2021 7:00:49 AM Completed Security Checked 1/15/2021 7:00:49 AM Payment Events Status Timestamps City of Palo Alto (ID # 11917) City Council Staff Report Report Type: Action Items Meeting Date: 1/19/2021 City of Palo Alto Page 1 Summary Title: Foothills Park Entrance Fee and Visitor Capacity Limit Title: Adoption of an Ordinance to Amend the Municipal Fee Schedule to Add Vehicle Entrance Fees for Foothills Park, and to Amend PAMC Section 22.04.150(k) to Adjust Attendance Limits at Foothills Park From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council adopt an ordinance to: (1) amend the Municipal Fee Schedule to add a vehicle entrance fee for Foothills Park, and (2) amend PAMC Section 22.04.150(k) to authorize the City Manager to adjust the attendance limits at Foothills Park, not to exceed 750 people. Background On November 2, 2020, Council passed the following Motion (Motion Parts A, B, and C passed 5:2 and Motion Parts D and E passed 7:0): A. Open Foothills Park to the general public by removing limits on non-residents, while maintaining the maximum capacity of 1,000 persons and providing residents first access to reservations for all facilities. B. Amend or delete outdated and duplicative code language. C. For the first 90 days, temporarily limit the capacity to 750 people at any one time. D. Return to Council and the Parks and Recreation Commission with proposals for fee, capacity, and park management/environmental integrity studies; and E. Direct staff to use the renaming process to consider renaming Foothills Park to Foothills Nature Preserve. Discussion On December 17, 2020 Foothills Park opened to the general public. Since the opening, the number of visitors coming to the park has been significantly higher than in previous years. On weekends, holidays (Christmas and New Year’s Day), and several weekdays, the park reached capacity (750 people) multiple times each day. The visitation during the weekend before City of Palo Alto Page 2 Christmas 2020 (4,081 visitors) was almost six times higher than the same weekend in 2019 (688 visitors). On the days the park reached capacity, an average of about 400 vehicles were turned away per day. Staff have analyzed the impacts to the park during this brief period of very high visitation. The challenges with having 750 people (approximately 280 vehicles) in the park at one time include: • Potentially unsafe conditions for pedestrians and bicyclists using the park roads, which are too narrow to safely accommodate them when many vehicles are traveling in both directions, and • The majority of visitors try to park near the park entrance area, Boronda Lake, Orchard Glen Picnic Area, and Vista Hill, which results in people parking and walking in inappropriate locations causing damage to natural areas and creating potentially unsafe conditions for pedestrians and bicyclists. Staff estimate that with current activity levels at different portions of Foothills Park, approximately 500 people/185 vehicles at one time seems to be manageable. This figure of 500 people/185 vehicles are in addition to those persons/vehicles entering with facility reservations. The reservable areas of Foothills Park (Towle Camp, Oak Grove Picnic Area, and the Interpretive Center Classroom) are areas where parking spaces are generally underutilized compared to those closer to the park entrance. If the City Manager is authorized to adjust the attendance limits at Foothills Park below the maximum, minor adjustments to the number of visitors can be made quickly and efficiently to protect the health, safety, and welfare of park users; to protect the wildlife and natural resources in the park; and/or due to limits in parking, facilities, or staff availability. Staff recommend an entry fee as a revenue source to help offset park maintenance costs and a way to keep visitation at a manageable level. Santa Clara County Parks charge a $6 vehicle entry fee and have a $95 annual pass option. San Mateo County Parks charge a $6 vehicle entrance fee and have a $60 annual pass option. California State Parks charge a $10 vehicle entrance fee and have a range of different annual pass options. Staff looked at a range of pricing options for a daily vehicle entry fee and annual pass for Foothills Park: • $6 to $10 daily vehicle entrance fee (applies to Palo Alto residents and non-residents) • $65 to $80 annual pass for non-Palo Alto residents with a 25% discount for either seniors or low-income • $50 to $60 annual pass for Palo Alto residents with a 25% discount for either seniors or low-income • Free entry for pedestrians and bikes • Free entry for people coming to volunteer in the park that day (City supported volunteer programs: Grassroots Ecology, Friends of Foothills Park, Environmental Volunteers, etc.) Please note that whatever fees are selected, the resident rate cannot be more than 25% less than the corresponding non-Palo Alto resident rate. City of Palo Alto Page 3 The attached Ordinance (Attachment A) represents these proposed amendments to the Municipal Code and assumes the lower end of this price range ($6 daily, $50 resident annual pass and $65 non-resident annual pass). If City Council chooses a different fee structure, the Ordinance will be revised to reflect that decision. Due to the recent high volume of people trying to enter Foothills Park, staff will explore the possibility of using a reservation system for weekend and holiday access. The City’s existing recreation software, CivicRec, can be used for this purpose at no additional cost. Timeline On January 26, 2021, the PRC will review and provide a recommendation to City Council on the name change from Foothills Park to Foothills Nature Preserve. If City Council directs staff to implement an entrance fee, the fee can be implemented 31 days after the second reading of the ordinance. Resource Impact If Council directs staff to charge an entrance fee at Foothills Park, staff can collect payment on weekends and holidays while at the entrance booth. During weekdays, when staff is not at the entrance, park visitors would deposit their fee (cash only) using envelopes at a fee collection box at the entrance. Staff is researching automated payment machine options, which would replace the fee collection box and allow visitors to pay with credit card. The cost for an automated machine is approximately $20,000. Other costs include a contract with a security company to collect cash deposits and additional staff assistance may be needed to help manage the fee collection process. This could be accomplished through redeployment of staff until the City's financial situation is stable. The revenue from a vehicle entrance fee is challenging to predict due to uncertainty about future visitation trends, the number of free pedestrian entries, and how many people would opt for a discounted annual pass. Based on a cursury assesment of a $6, $8, or $10 vehicle entry fee and a 500 person at any one time capacity limit, the apporixate annual revenue would be $350,000, $433,000, $500,000 respectively. Cost recovery levels would align with a Low (0 to 30%) to Medium (30.1 to 70%) cost recovery level group per the City’s User Fee Cost Recovery Level Policy (Policy 1-57). The approximate cost to maintain Foothills Park (staff, vehicles, equipment, supplies and materials, utilities, and maintenance contracts) is $1,530,000. Staff will evaluate the revenue collected in FY 2021, if the fees are implemented, and return at year-end to recognize the revenue and appropriate funding as needed for additional expenses. Once more data is available, additional revenue and expense appropriation recommendations City of Palo Alto Page 4 will be brought forward to Council as part of future budget cycles. Stakeholder Engagement The PRC discussed the Foothills Park Pilot Program at the July, September, and November 2019 Parks and Recreation Commission meetings. A panel discussion on the various perspectives of opening Foothills Park to nonresidents was held at the July 28, 2020 PRC meeting. Council discussed this opening Foothills Park at the November 2, 2020 meeting. Staff met with the Parks and Recreation Commission (PRC) Ad Hoc Committee to discuss an entry fee and the park capacity limit. The Ad Hoc Committee supports the proposal for the entry fee and visitor limit. The Ad Hoc Committee highlighted the importance of providing underserved communities access to the preserve. On January 26, 2021, the PRC will discuss the Foothills Park name change and the policy issues as directed by Council on November 2, 2020. Environmental Review The City, acting as the lead agency, finds this project (as recommended above) exempt from CEQA in accordance with CEQA Guidelines Sections 15301 (Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings). There are no physical improvements to Foothills Park proposed as part of this project (as recommended). Attachments: • Attachment A – Ordinance Adding a Foothills Park Fee to the FY21 Municipal Fee Schedule and Amending Section 22.04.150(k) to Limit Maximum Park Attendance *NOT YET APPROVED* 1 0216_20210107_ts24 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2021 Municipal Fee Schedule to Add New Entry Fees for Foothills Park and Amending PAMC Section 22.04.150(k) to Give the City Manager Authority to Adjust Attendance Limits at Foothills Park. 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 City’s Foothills Park is reserved for park, playground, recreation, or conservation purposes by Palo Alto Municipal Code (PAMC) 22.08.090 et seq.; B. Since December 2020, Foothills Park has reached the current capacity limit of 750 persons multiple times per day on several days. On days when the park reached capacity, an average of about 400 vehicles were turned away per day; C. The majority of visitors try to park near the park entrance area, Boronda Lake, Orchard Glen Picnic Area, and Vista Hill, which results in people parking and walking in inappropriate locations causing damage to natural areas and potentially creating unsafe conditions for pedestrians and bicyclists; D. The City desires to add new fees to its Fiscal Year 2021 Municipal Fee Schedule to charge a daily and annual entrance fee to Foothills Park. The fees will offset some of the City’s expenses to staff and maintain Foothills Park, as well as encourage carpooling and alternative means of accessing the park; and E. The City also desires to give the City Manager or his designee the authority to limit attendance at Foothills Park to less than 1,000 persons in certain circumstances. SECTION 2. The Council of the City of Palo Alto amends the Fiscal Year 2021 Municipal Fee Schedule by adopting the new fees for Foothills Park as set forth in Exhibit “A” and incorporated here by reference. SECTION 3. Subsection (k) of Palo Alto Municipal Code section 22.04.150 (Foothills Park) is hereby amended as follows (new text underlined): (k) No more than one thousand people shall be permitted in Foothills Park at any one time. The City Manager or designee may limit attendance at Foothills Park to less than one thousand people in order to protect the health, safety, and welfare of park users; to protect the natural resources in the park; and/or due to limits in parking, facilities, or staff availability. The City shall not distinguish between residents and non-residents in setting any limits under this subsection. SECTION 4. The fee in this Ordinance is for voluntary entrance and/or use of government property. Pursuant to Art. XIII C, Section I(e)(4) of the California Constitution, this fee is not a tax. *NOT YET APPROVED* 2 0216_20210107_ts24 SECTION 5. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”) sections 15301 (Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings). SECTION 6. This ordinance shall be effective thirty-one days after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Community Services ____________________________ Director of Administrative Services *NOT YET APPROVED* 3 0216_20210107_ts24 Attachment A Fiscal Year 2021 Municipal Fee Schedule Community Services Fees Open Space, Parks, & Golf Park Activities – Foothills Park Foothills Park – daily entry for vehicles $6 per vehicle per day Foothills Park – annual pass for vehicles $65 per year for non-residents $50 per year for Palo Alto residents (25% discount applies for seniors and low- income persons for both rates). 1 of 2 TO: HONORABLE CITY COUNCIL FROM: ED SHIKADA, CITY MANAGER DATE: JANUARY 15, 2021 SUBJECT: AGENDA ITEM NUMBER 6- TITLE: ADOPTION OF AN ORDINANCE TO AMEND THE MUNICIPAL FEE SCHEDULE TO ADD VEHICLE ENTRANCE FEES FOR FOOTHILLS PARK, AND TO AMEND PAMC SECTION 22.04.150(K) TO ADJUST ATTENDANCE LIMITS AT FOOTHILLS PARK Requirements and Process for an Emergency Ordinance The proposed ordinance is a regular ordinance, which means it requires two readings and would take effect 31 days after second reading. The effective date would likely be in the beginning of March 2021. If Council believes that an urgency exists that warrants an earlier effective date, and concludes that the necessary findings can be made, it may direct staff to return with an emergency ordinance for adoption at the February 1, 2021 Council Meeting. An emergency ordinance may be used when necessary to preserve the public peace, health or safety. It must contain a statement of the reasons for its urgency and requires a 4/5th vote of Council Members present. The substantive text of the emergency ordinance would be identical in all other respects to the proposed regular ordinance. An emergency ordinance would take effect immediately upon adoption. If Council directs staff to return with an emergency ordinance, staff recommends that Council also adopt the regular version of the ordinance beginning with a first reading on January 19th. Council should be aware that even if an emergency ordinance is adopted on February 1, the full rollout of the vehicle entry fee and its enforcement will not be implemented by that date. The timeline for rollout is estimated as follows, depending on delivery of equipment: • Begin fee collection on weekends based on Cash Handling Policy (Policy 1- 03/ASD) – February 20, 2021 • Install automated fee collection machine – March 17, 2021 6 DocuSign Envelope ID: 104FD594-8382-4DCE-ABD1-3A798862FE59DocuSign Envelope ID: 4B9C3E8B-29DF-4804-9B08-27DB6939A53B 2 of 2 • Begin fee collection on weekdays – March 24, 2021 Enforcement and Administrative Penalty Provisions This proposed ordinance does not include a new code section establishing a penalty for non- payment of the vehicle entry fee. The requirement to pay the vehicle entrance fee will be incorporated into the Park Regulations promulgated by the City Manager. A penalty for failure to do so will be added to the Administrative Penalty Schedule. Staff recommends an administrative civil penalty of $46 for nonpayment, which is the same penalty as the City’s other basic parking violations, such as parking without a permit in most City permit lots. With Council concurrence, staff will return with a resolution to update the Administrative Penalty Schedule to add the penalty. _______________________ _________________________ Ed Shikada Kristen O’Kane City Manager Director, Community Services DocuSign Envelope ID: 104FD594-8382-4DCE-ABD1-3A798862FE59DocuSign Envelope ID: 4B9C3E8B-29DF-4804-9B08-27DB6939A53B City of Palo Alto (ID # 11877) City Council Staff Report Report Type: Action Items Meeting Date: 1/19/2021 City of Palo Alto Page 1 Summary Title: Community & Economic Recovery Title: Provide Feedback and Direction on the Community & Economic Recovery Workplan and Approve Budget Amendments in Various Funds From: City Manager Lead Department: Administrative Services RECOMMENDATION Direction on the City of Palo Alto’s Community and Economic Recovery efforts including feedback and direction to either continue to prioritize or to begin work on recommended prioritized projects, community engagement strategies, and governance framework for future work. Should the City Council agree with the recommended prioritization, initial appropriation actions are recommended in order to facilitate continued work through amending the Fiscal Year 2021 Appropriation ordinance for: a) The Stanford University Medical Center Fund by: a. Increasing the transfer to the General Capital Fund from Expansion Cost Mitigation by $150,000; and b. Increasing the transfer to the General Capital Fund from Community Health and Safety by $500,000; and c. Decreasing the Ending Fund Balance by $650,000. b) The General Capital Fund by: a. Increasing the transfer from the Stanford University Medical Center by $650,000; and b. Establishing the University Avenue Streetscape Update project in the amount of $150,000 to support work on University Avenue; and c. Increasing the Building Systems Improvements project (PF-01003) by $500,000 to support work on City Facilities related to COVID-19 mitigation. c) The Fiber Optics Fund by: a. Increasing the expense appropriation by $200,000; and b. Decreasing the rate stabilization reserve by $200,000. City of Palo Alto Page 2 Per the City of Palo Alto's municipal code, approval of the above budget amendments requires a two-thirds vote by the City Council. EXECUTIVE SUMMARY The City’s work to help the community and local economy recover remains a para mount concern in 2021. Although COVID-19 vaccines are now being distributed at the national, state, and local levels, it remains unclear how long it will take to fully administer them. Accordingly, the timeline and phases through which the City will reach the “next normal” remains unclear, and the rapidly evolving circumstances (including revised guidance from Santa Clara County through refreshed local health orders) continue to constrain the City of Palo Alto’s resources and ability to provide services to the community. Throughout Fall 2020, the City Council examined strategies for community and economic recovery. The City Council discussed it over multiple weeks, including looking at existing efforts such as “Uplift Local,” convening a panel of experts to discuss national and local trends, local revenue levels, what the future of work may look like, and providing initial reactions to staff’s organization of the ongoing workplan for Community and Economic Recovery. This report further details the potential workplan across four focus areas: “Manage through the Pandemic,” “Community Wellness and Welfare,” “Focused Business Support,” and “City Priority Initiatives,” through individual work items and seeks feedback from the City Council regarding the prioritization and resource provisioning necessary to accomplish these items. Included in this report is a recommendation to appropriate funding for three specific projects: Fiber to the Home, work on University Avenue and retrofits to City Facilities to ensure they can mitigate the spread of COVID-19 to the greatest extent possible. As this work continues, staff anticipates providing updates on the various work items to the full City Council and meeting with ad hoc groups and standing committees, as appropriate, to ensure progress can continue to be made. The chart below provides a summary of the four focus areas and specific priorities within each area, discussed with the City Council in December 2020. Staff has developed these priorities based on the City Council discussions and feedback with the assumption that this is the highest and most critical priority for 2021. In order to accomplish the work, kicking off these key work items and continuing to focus on these areas requires these remain the priority. Should the Council wish to identify additional priorities in 2021, this plan will need to be adjusted based on resource needs and availability. City of Palo Alto Page 3 Ma n a g e t h r o u g h t h e Pa n d e m i c a) Maintaining services while managing daily pandemic needs such as testing, contact tracing, exposures, and other tasks necessitated by COVID-19 is currently the highest need of the City. b) Continue high-volume public communications and enhanced community engagement on managing through the COVID-19 pandemic to the City and the Community c) Ensure the continued safety of employees and visitors in various City facilities and workspaces Co m m u n i t y We l l n e s s & We l l b e i n g d) Support Community Welfare and Wellbeing through development of a series of community events, presentations, and engagement opportunities Support and promote childcare programs Provide school-aged youth programs Promote adult and senior wellness programs Build community emergency resilience Fo c u s e d B u s i n e s s Su p p o r t e) Continue, and further promote, Uplift Local and other retail supportive strategies f) Provide technical support for workplace environmental upgrades to mitigate risks for local businesses g) Advance sustainability and electrification goals (i.e. expand electric vehicle (EV) infrastructure) h) Refine the scope and breadth of the City’s economic support activities Ci t y P r i o r i t y I n i t i a t i v e s i) Further accelerate Fiber to the Home (FTTH) and pursue expanded community engagement j) Support experiences at Downtown and California Ave and redesign these corridors for cars, pedestrians, and bicycle travelers and visitors k) Develop remote work staffing models for delivery of services l) Continue progress on the Housing Workplan, with a focus on renter protection and affordable housing construction In addition to the priorities identified in the recovery plan, other key staff work continues to be underway, which requires continued, significant staff resources including, but not limited to: − financial monitoring, reporting, and budget development through the Long-Range Financial Report, Proposed Operating and Capital Budgets, and financial and investment reporting; − serving the community through the Development Center and permitting requests; − continuing to provide public safety and emergency response 24/7; − managing community facing programing in parks community services and library services; − managing labor relations and contracts; − design and construction of capital projects such as the 101 Highway Bike and Pedestrian Bridge; − upgrading the City’s website and other technology infrastructure; and − maintaining and providing for safe bike and pedestrian corridors and parking programs. Based on the January 19, 2021, Council discussion, staff will incorporate Council input on this framework to prioritize and develop additional scoping of the individual work items shown City of Palo Alto Page 4 above, including goals, objectives, and timelines for each. In addition, the purpose of the meeting is to discuss the resources necessary to accomplish each item that the City Council wishes to further pursue. BACKGROUND Several recent Council conversations on the City’s budget and fiscal forecast, economic status, and COVID-19 pandemic have informed the staff work presented as part of this Council report. The City’s FY 2021 Adopted Budget reflected a reduction in General Fund revenues of $34.6 million which was anticipated due to financial impacts of the COVID-19 pandemic and economic challenges. The Adopted Budget projected a nearly 40-50 percent reduction in major revenue categories such as Transient Occupancy Taxes and Sales Taxes. A balanced budget was adopted with expenses of $197 million, down from $230.8 million in the prior adopted budget, representing a nearly 15 percent reduction in costs and services. This included over a 50 percent reduction in funding for capital investment while freezing 76.5 full-time equivalent (FTE) staffing resources across the City (65 FTE in the General Fund), dropping authorized staffing levels from 1,035 to 958 FTE. In addition, 26.2 FTE in part-time/hourly positions were also frozen, approximately 25 percent of the authorized workforce. The City has reduced service capacity in all areas, ranging from police, fire, and code enforcement to community services and libraries, public works, transportation, and utilities, as well as the administrative services needed to support these functions. On October 19, 2020, the City Council reviewed and discussed the preliminary Q1 FY 2021 financial status report (City Manager’s Report #11596). This update provided a snapshot in time and projected that revenues citywide were approximately in line with adopted budgeted levels. With the information available at the time and persistent uncertainty as a result of the pandemic, no action was taken. Staff has continued monitoring developments since then. At the time, staff shared a series of upcoming Council actions on the budget, long range financial forecast, and reviewed the preliminary development of a community and economic recovery plan which was expected to be discussed in further detail over upcoming months. Subsequently, on November 9, 2020 (City Manager’s Report #11702), the City Council reviewed community and economic recovery strategies, such as “Uplift Local,” and other business support activities and testing. Council also discussed options designed to help bolster the local economy, and, in response to the significant impact this pandemic has placed on all communities, including Palo Alto, began discussion of a more comprehensive Community and Economic Recovery framework. Staff presented and Council discussed key elements of Community and Economic Recovery including: a) Assemble and facilitate discussion of major economic forces and trends b) Develop analytical tools to evaluate fiscal scenarios c) Identify potential City actions to support and accelerate (where possible) local community and economic recovery City of Palo Alto Page 5 PRELIMINARY The November 30, 2020 and December 7, 2020 study sessions provided a continuation of the City Council’s discussions on community and economic recovery, with a look at major economic forces and trends. An expert panel discussed current economic trends, the City’s Sales Tax revenues and impacts, as well as the work from home culture and future. The video from these sessions can be found here: November 30, 2020 and December 7, 2020. This information packed discussion, questions and answer session, and detailed analysis on the City’s major tax revenues and current trends. The presentations also provided valuable insights about emerging trends during this uncertain time to assist in informing and shaping future work as part of this overall strategy. The purpose of the January 19, 2021 Council discussion is to review the feedback provided by the City Council at these study sessions and provide direction to staff on the priority projects, governance, and engagement strategies to focus the organization’s limited resources during the coming year and beyond. The preliminary framework organized an initial set of priority projects into four focus areas: These priority areas reflect the work done by other Bay Area institutions, while recognizing the unique characteristics and need in Palo Alto as well as the City’s ability to have positive impacts in the midst of the global forces at hand. The City remains nimble in the current environment where change and uncertainty continue to dominate the evolving circumstances. DISCUSSION In order to continue the work on the community and economic recovery plan, staff is bringing forward the following items in order to gain Council input and further direction: • A distillation of the City Council’s discussion and feedback from the November 30 and December 7 study sessions • Refined framework of focus areas to identify a comprehensive list of projects, including recommended prioritization of those projects • Options for Community / stakeholder engagement and governance for the community and economic recovery plan City of Palo Alto Page 6 As the Council reviews these next steps and priorities, staff is seeking discussion and either confirmation of recommended priorities or further direction on the projects identified within the focus areas. Current recommended projects have been prioritized based on both project readiness and short- and long-term impacts. As the Council reviews these projects, resource needs must remain at the forefront and staff recommends approaching each project with a framework to ensure it is measurable and the outcome is defined and achievable. Staffing resources citywide have contracted over 7 percent, and more than 11 percent in the General Fund. This corresponds to an equivalent level of service reductions already implemented throughout the organization and the community. As outlined in the City’s FY 2022 Preliminary General Fund Forecast, the City will continue to face extreme fiscal pressures in the near term, further constraining resources. These pressures emphasize the importance of clearly defining the goals and objectives of each of the work items detailed in this report. One common framework to assist in ensuring we are prioritizing with deliverables and action in mind is the SMART criteria (Specific, Measurable, Actionable, Relevant, and Time-bound). Based on contemporary evolution of such efforts, staff recommends that two more criteria be added to that list: Inclusive and Equitable, which would yield SMARTIE criteria as a template to apply to further discussions. As the City continues its ongoing work on Race and Equity, it is important to ensure that the lenses of inclusivity and equity be applied throughout city processes. This framework is expected to be included as part of the discussion at the City Council’s January 30, 2020 annual retreat and priority setting. November and December 2020 Council Discussion and Feedback – Summary As discussed above, the City Council heard from a panel of experts on Monday, November 30, 2020, consisting of Dr. Jerry Nicklesburg, Professor Nicholas Bloom, and the City’s Sales Tax consultant, AvenuInsights. Through the panel discussion, the City Council heard not only about the impacts of efforts to contain COVID-19’s spread on the larger economy, but also about specific impacts to the City of Palo Alto’s sales tax base. Although vaccine distribution is now underway, the uncertainty associated with further efforts to contain COVID-19 parallel to that distribution remains. This is evidenced by the most recent Santa Clara County health guidance provided between the November 30th and December 7th City Council meetings, highlighting the rapidly changing nature of efforts to contain the spread of COVID-19. The City Council offered feedback on the preliminary framework and projects identified in the four elements of the City’s Community and Economic Recovery efforts as well as the governance and community engagement strategies. Overall, the feedback from the City Council offered: − Managing through the pandemic is the top and core priority the four focus areas identified, − Additional items to be included in the different elements, − Consensus that this topic should remain with the City Council, and − Reinforced the importance of engagement with stakeholders throughout the process. City of Palo Alto Page 7 Individual items and actions are discussed below in the workplan prioritization section below. The City’s ongoing work on this topic will continue to return to the City Council for further feedback and direction, and will include engagement with ad hoc bodies as well as standing committees, e.g. Parks and Recreation Commission (PRC), Architectural Review Board (ARB), the Planning and Transportation Commission (PTC), the Finance Committee (FC), and Policy and Services (P&S) and Utility Advisory Commission (UAC). Recommended Community and Economic Recovery Plan Focus Areas and Priority Tasks Through the four focus areas, staff has recommended several work items to focus resources on pursuing concurrently. For each focus area, the work items are organized to identify recommended priorities and briefly described in scope, anticipated resources necessary to bring them to completion, timeline, and the relative priority. These are followed by additi onal ideas and work items discussed or included in the preliminary review with the City Council, however, at this time they will be considered for further action at a later date or emphasis provided in the normal course of current business. Given the unprecedented resource constraints the City is facing, it will be necessary to focus resources to ensure measurable identified outcomes are attained and some of the proposed items that surfaced during the conversation with the City Council may not be able to be pursued immediately. Manage through the Pandemic As the focus area that the City Council voiced the strongest and most significant support and key area for 2021 priorities, staff has recommended most of all work items in this element continue to be prioritized. The workplan for this focus area includes the following items: a) Maintaining services while managing daily pandemic needs such as testing, contact tracing, exposures, and other tasks necessitated by COVID-19 is currently the highest need of the City This work requires close communication and coordination among the City Manager’s Office, the Office of Emergency Services, Human Resources, and the entirety of the organization. The volume of work required to maintain services and ensure employee and community safety by remaining in alignment with rapidly shifting health orders cannot be overstated. Even though vaccines are now being distributed throughout the country, state, and county, it remains unclear when they will be widely available and administered. As such, the highest priority of the City, as an organization and community, remains the provision and recalibration of services in the face of COVID-19. The City will continue coordination, to the extent practicable and possible, with other levels of government and elected officials. b) Continue high-volume public communications and enhanced community engagement on managing through the COVID-19 pandemic to the City and the Community This work has required a fully staffed communications team in the City Manager’s Office and the repurposing of staff resources (on average equivalent to approximately one position) from the Library and other departments in order to support the communication and community engagement needed to inform, engage and support the community through these difficult times. This volume of communication has been especially important City of Palo Alto Page 8 given the rapidly changing circumstances that the community, businesses and community partners have encountered. Guidance from the County evolves constantly, and quickly, and the frequency of the City’s communications has enabled it to convey that revised guidance to the community in a consistent, clear, and timely manner. Some focus areas include generating electronic newsletters, additional blogs on key issues and events, new webpages and websites, flyers, signage and printed materials, newspaper ads, news alerts and news releases, FAQs, and other timely communication to the City Council, community, businesses, and community partners. Other efforts include staffing the Community Support Call Center with redeployed resources. c) Ensure the continued safety of employees and visitors in various City facilities and workspaces The City will continue to examine its options for techniques, interventions, and retrofitting of equipment to mitigate risk to employees and visitors. It is worth noting that, at the moment, City facilities such as Council Chambers, libraries, and other public-facing operations remain closed in compliance with the latest County guidance. The City is actively managing HVAC systems in facilities serving essential functions to comply with CDC and other guidance and is examining retrofitting facilities to provide ongoing improvements in indoor air quality. Staff will pursue any investments necessary during this time to ensure the City is adapting to the evolving County guidance and, once reopening is authorized, facilities are aligned with community needs and safety considerations. In order to provide initial resources for this project and reflect its high prioritization, this CMR recommends appropriating funding of ($500,000) in the Capital Fund from the Stanford University Medical Center (SUMC) Community Health and Wellness Fund to establish a project for City facility environmental upgrades. Community Welfare and Wellbeing d) Support Community Welfare and Wellbeing through development of a series of community events, presentations, and engagement opportunities This work item would direct staff to develop a series to discuss many of the adapted services available throughout the community providing forums for community engagement and presentations on topics related to health, wellness, and resiliency. This could include presentations by staff, guest speakers, or a panel of experts. Building on past practices of highlighting non-profits throughout the community at a Council meeting and the Library department speaker series, it is expected that this series would provide a reliable frequency of events that enriches the wellness and resilience of the community and highlights the services and its providers that they may avail themselves of. Specific work items staff will prioritize and include in this series include: City of Palo Alto Page 9 o Support and promote childcare programs Staff and the Palo Alto Advisory Committee on Early Care and Education Committee, which is an advisory committee to the City, on issues related to childcare and early learning, have been meeting bi-weekly with local childcare provider since the pandemic began. These meetings have given local providers a much-needed opportunity to get crucial information on County and State guidelines, share their operational struggles and successes, seek advice from other providers, and form a sense of community during these challenging times. Details discussed will then be shared with the community through the City’s communications channels. This work will continue through the short-term as the situation continues to evolve. o Provide school-aged youth programs Both the Community Services and Library Departments continue to provide programming and leadership growth opportunities for school-aged youth and teens. While the format of these program offerings has shifted to a virtual model, the range of programs continues to represent academic, creative, social and athletic interests of Palo Alto youth. Staff continues to develop innovative programs for youth, such as a mindfulness program and opportunities for safe outdoor activities. o Promote adult and senior wellness programs Similar to youth programs, the City continues to provide programming for adults. The Library will continue to develop and provide community read events (Palo Alto Reads, Book to Action, and Silicon Valley Reads) and ESL programming for English language learners. These types of events allow the community to virtually meet, connect together, and discuss important topics as well as learn and interact with each other. Staff will continue to explore ways to promote the City’s programming/services to adults, looking closely at opportunities of forming collaborations/outreach with other local groups. o Build community emergency resilience The Office of Emergency Services (OES) continues to coordinate with other agencies and City departments during this ongoing public health emergency. At the same time, the City is preparing for a wide range of other possible threats and hazards; more information on those efforts can be found at www.cityofpaloalto.org/thira. Additionally, the City’s Emergency Services Volunteer (ESV) program continues to grow, providing training to residents, businesses, and other community members. See www.cityofpaloalto.org/emergencyvolunteers for more information on these efforts. Finally, the City is evaluating new technologies to address our evolving budget and personnel constraints, to increase efficiency of identification of, response to, and recovery from various critical incident scenarios. Part of this focus area includes developing a community engagement opportunity for the community to learn and gain tools to be ready for future emergencies and build resiliency, specifically focused on the first few days of an emergency. City of Palo Alto Page 10 Focused Business Support e) Continue, and further promote, Uplift Local and other retail supportive strategies The City will continue to pursue opportunities to promote local businesses through the “Uplift Local” initiative and facilitate communication among key stakeholders to ensure that concerns can be addressed. This may include things like changes to physical infrastructure (i.e. repurposing University and California Avenues) or encouraging support of local businesses. Actions already attributed to this program include fast-tracked permitting processes, opening of car-free streets in both University and California Avenue business cores, and roundtable meetings with the businesses in these areas to have a continuous dialogue on needs, challenges, and adaptations in alignment with changing health order regulations. These actions include permitted outdoor business activities such as restaurants, retail shops, salons, and fitness and a parklet program. Frequent communication, education and support regarding health order requirements and mandates of local businesses. Staff established a dedicated website to market and promote local businesses to the community and visitors, developed holiday related campaigns to connect the community to business offerings, and has hosted ongoing monthly check-ins with the community to raise concerns, share input and gain updates on this program and other related City initiatives. f) Provide technical support for workplace environmental upgrades to mitigate risks for local businesses The Utilities Department is currently exploring options for partnering with a contractor that can provide an evaluative service to audit workplace safety of local businesses. This would include examining airflow, air filtration, and other mitigation options for businesses to ensure that they are able to operate while minimizing risk to employees, customers, and visitors. g) Advance sustainability and electrification goals (i.e. expand electric vehicle (EV) infrastructure) Through the Sustainability Climate Action Plan (S/CAP) conversations with City Council (currently scheduled for a study session in February/March and action later in the year) the City will further refine its goals and strategies to encourage widespread adoption of electric vehicles, including the necessary charger infrastructure to meet the City’s goals. Work to install 27 additional electric vehicle chargers at the Bryant, Cowper, and City Hall Garages has just been completed, and the new California Avenue Garage includes 33 chargers – these installations are part of a goal to install more than 600 ports and chargers throughout the City within three years. The City is actively working to identify and pursue potential grant funding from the state of California for additional chargers – most recently, $290,000 in CALeVIP (California Electric Vehicle Infrastructure Project) grant funding was approved to support installation of Level 3 DC fast chargers in three City garage locations that will support charging by residents living in multifamily residential units. City of Palo Alto Page 11 h) Further refine the scope of the City’s economic support activities Throughout the conversations in the fall of 2020, the City Council expressed interest in revisiting the economic support function of the City of Palo Alto. As the City Council provides greater direction on what this function could entail staff will be able to respond with options for addressing those concerns. A potential first step in this process could be conducting an economic scan of the City to assess the current economic landscape of the City and options to expedite the economic recovery while also addressing community needs. Accomplishing that task will require additional funding for consulting services. City Priority Initiatives i) Further accelerate Fiber to the Home (FTTH) and pursue expanded community engagement The COVID-19 Pandemic has emphasized the need for a comprehensive Fiber to the Home (FTTH) initiative. Already, staff has accelerated the FTTH business case and fiber expansion plan through a contract amendment with Magellan Advisors (City Manager's Report #11580). The amendment includes development of a business case and high‐level design for FTTH, a local broadband market assessment, exploration of public private partnership business models, and community surveys. Preliminary findings and recommendations are scheduled to be completed by Q2 2021. Should Council confirm authorizing this project and the appropriation of $200,000 in additional funding, staff will be developing a new customer engagement platform for community outreach and enhanced communications for FTTH initiative. In addition to providing project updates, the platform will enable community stakeholders and members to provide input on key topics under consideration and enable the City to gauge public sentiment for decision making. Communications resources will be needed to further this work; requiring use of authorized budgeted resources including personnel and contracts. In addition, public-private partnership models and partners and/or service providers that the City could engage with to build-out a citywide FTTH. The City is also considering offering a cost-share bundle package of services to residential neighborhoods which includes FTTH, electric undergrounding, and electrification. Project management resources are being explored and additional resources may be needed to ensure successful execution of this major City effort and would be brought back during one of the City’s budget actions. j) Support experiences at Downtown and California Ave and redesign these corridors for cars, pedestrians, and bicycle travelers and visitors The City continues to look at options for supporting the two retail cores on University and California avenue through strategies such as the installation of bollards and other means for car-free streets. Initial work involves examining how the City can redefine and narrow vehicular lanes and provide flexible opening and closing of streets on a trial basis in the short term. Additionally, with Council’s direction to prioritize this, staff would begin a full redesign of the University Avenue streetscape to increase vibrancy by expanding pedestrian and outdoor spaces available for use by visitors and businesses while allowing for flexible opening and closing of reduced vehicular lanes. In order to continue work on this project City of Palo Alto Page 12 and reflect its high prioritization, this CMR recommends appropriating funding of $150,000 in the Capital Fund from the Stanford University Medical Center (SUMC) Expansion Cost Mitigation Fund to establish/augment a project and begin design of options for parklets and other reconfigurable spaces in the retail cores to facilitate car-free streets. k) Develop remote work staffing models for delivery of services The City continues to work on its re-occupancy plans and will maintain alignment of those plan with evolving direction from the County. At the moment, this includes planning through three phases: the current Shelter-In-Place (SIP), the medium-term (including phased reopening), and the longer-term “next normal.” Although the natural inclination might be to return to the pre-pandemic status quo, staff is taking this opportunity to thoughtfully consider what alternatives could look like. This work includes prioritizing the reopening of activities and facilities to align with community expectations and safety needs. Departments will work on individual re-occupancy plans coordinated through an oversight committee consisting of representatives from the City Manager’s Office, Human Resources, Administrative Services, and Public Works. Through this work, the City will identify the sequencing of reopening and re-occupancy and return to the City Council to provide updates as those plans solidify. l) Continue progress on the Housing Workplan, with a focus on renter protection and affordable housing construction Progress continues on a number of housing initiatives and staff plans to prioritize this new work that is about to begin. The Planning and Transportation Commission is scheduled to offer comments on three draft alternative plan scenarios for the North Venture Coordinated Area Plan (NVCAP) that will be presented to the City Council in the first quarter of 2021. Based on Council direction, environmental and more detailed land use analysis will be prepared. Additionally, work has begun to assemble of team of community stakeholders and consultants to assist staff with the preparation of a new 2023 – 2030 Housing Element for the City’s Comprehensive Plan. This housing cycle will require the City to plan for significantly more housing than in previous housing cycles to meet statewide housing production objectives. Following up on Council direction, staff will be meeting with local housing advocates and scheduling meetings with the Planning and Transportation Commission to explore the possibility of additional amendments that would facilitate more accessory dwelling unit production in Palo Alto. Work is also expected to begin during the first quarter of 2021 to re-evaluate the housing development impact fee imposed on commercial development. With the assistance of a consultant, the Architectural Review Board and Planning and Transportation Commission, staff work continues to update subjective development standards into clear objective standards. This effort will enable the City to continue to advance high quality urban design principles on development applications that may be subject to streamlined application review processes. City of Palo Alto Page 13 Other work items for consideration for inclusion in the Community and Economic Recovery Plan The staff and Council identified other areas of interest for consideration as part of this focused Community and Economic Recovery workplan. Many of these items have been transmitted to staff to work to address through the normal course of business, however, overall, it is expected that these areas will be addressed later. As discussed above, given limited resources, a prioritization of efforts is necessary to ensure we can accomplish the goals outlined. Other areas of interest include: − Completing the Caltrain Grade Separation community planning process; − studying the generation of sales and use taxes and refining estimates for new “base” level of tax revenues which staff expects to continue to review as part of its financial work; − pursuing feedback on City Services through Net Promoter Score (NPS) or a similar mechanism; − expanding the City’s partnership with the Chamber of Commerce; − examining options for Palo Alto scrip or a similar merchant gift card; − exploring the creation of an ombudsperson role within the City organization to help businesses (specifically retail) navigate regulations; − expansion of bicycling and pedestrian friendly streets citywide; − support for the arts which staff expects to highlight as part of work item d, the series of events for community wellness and wellbeing; − providing resources for community events through grants; − modifying community programming through car-based activities (i.e. drive-in) which staff expects to work on as part of work item d, the series of events for community wellness and wellbeing; − increasing mental health support for the community which staff expects to highlight as part of work item d, the series of events for community wellness and wellbeing; and − repurposing of existing spaces, such as parking garages, for fitness and dispersing community and commercial activities which staff expects to continue through its work on “Uplift Local” and other retail and business support adaptions these concepts of the repurposing of spaces and adjusting with the changing health orders will continue. City of Palo Alto Page 14 Governance Given the breadth and scope of this work and its critical role in shaping Palo Alto over the coming months, Council directed staff to return to the full Council with updates and additional direction as needed as work on these elements continue. As resource needs solidify, necessary appropriation actions will also be brought forward for City Council approval to ensure that progress towards completing the tasks described above can be achieved. Updates on various work items will be provided as often as practicable and feasible and may be through a variety of channels such as verbal comments during the City Manager’s Updates, information memoranda to City Council, or study sessions and action items at City Council when necessary. In addition to returning to the City Council as a committee of the whole for updates, engagement with various ad hoc groups and standing committees (e.g. Parks and Recreation Commission (PRC), Architectural Review Board (ARB), Planning and Transportation Commission (PTC), Finance Committee (FC), and the Policy and Services (P&S) Committee) is also anticipated. Staff will also work to keep the community informed of progress on these work items, as described in greater detail in the Stakeholder Engagement section of this report. STAKEHOLDER ENGAGEMENT In various discussions the Council identified several areas for specific stakeholder engagement and enhanced community engagement for specific work items outlined above. A desire to cultivate community leaders including emergency volunteers, and neighborhood leaders to support these recovery efforts is a key priority across all elements of the Community and Economic Recovery Strategy. There is also a separate but related County ambassador program underway and staff will continue to connect into this effort as appropriate to support community engagement during the pandemic. Currently, each prioritized work item is expected to include engagement. For example, Community Welfare and Wellbeing work items will include connecting with our local non-profits and arts organizations, building on community resiliency and other management through the pandemic would engage emergency volunteers, and more. Staff is planning roundtable forums for specific interest areas to allow for two-way communication and feedback on initiatives. Similar to the Race and Equity work, a common hub of information through a central website, regular updates to the City Council and the community, and online and virtual engagement platforms will be used to engage and inform. In addition, staff is exploring a community leadership council concept or other venue to engage and tap into the City’s existing neighborhood associations and other engaged groups like Cool Block neighborhood blocks, emergency services volunteers. Not only would this provide an opportunity to maximize already established groups and networks and further community welfare and wellness. A broader group such as this is both resource intensive and would require increased responsibility on our community networks but may provide a singular place for engaged citizens and community leaders to tap into for information-sharing and an opportunity for those engaged to share with their networks as a way to connect together during this challenging time. City of Palo Alto Page 15 RESOURCE IMPACT The City continues to face unprecedent financial constraints. The prudent measures to contain costs in the adoption of the FY 2021 Budget have resulted in significant impacts on service delivery as well as position eliminations, reductions, and freezes. Additionally, the evolving nature of the pandemic has resulted in persistent uncertainty for economic and revenue forecasting, and the City will likely face continued adversity and resource scarcity over the coming years. As a result of these circumstances, it is imperative that the City prioritize its ongoing work to ensure that the needs of the community remain met to the extent practicable and possible. This Community and Economic recovery workplan will serve as the template for the periodization of services across the different elements for the foreseeable future, from managing through the pandemic in the short- and medium-terms to focusing the City’s efforts on priority initiatives even through the long-term. This report includes recommendations to appropriate funding for specific projects in three funds, the Fiber Optics Fund for Fiber to the Home and in the General Capital Fund for work on University Avenue ($150,000) and City Facilities ($500,000) through transfers from the Stanford University Medical Center (SUMC) fund. A transfer from the Stanford University Center Medical Fund of $150,000 would come from the expansion cost mitigation funding to establish the University Avenue Streetscape Update capital project to cover the costs of work on University Avenue while $500,000 of funding from the Community Health and Safety funding would increase the Building Systems Improvements capital project (PF-01003) for COVID-19 mitigation at City Facilities. These actions would leave approximately $2 million in each of these allocations in the SUMC fund. To the extent additional resource are identified and need to be appropriated for other work items, they will be brought forward to City Council for approval. Through the remainder of FY 2021 and the development of the FY 2022 Budget, staff will continue to look for opportunities to reduce costs to align with available resources while minimizing impacts to the community. However, at this stage of resource scarcity it must be noted that every further reduction will constrain service delivery and limit options for meeting community expectations. ENVIRONMENTAL IMPACT The action recommended is not a project for the purposes of the California Environmental Quality Act. City of Palo Alto (ID # 11871) City Council Staff Report Report Type: Action Items Meeting Date: 1/19/2021 City of Palo Alto Page 1 Summary Title: Housing Element Working Group Title: Formation of Working Group and Council Subcommittee for the 2023 - 31 Housing Element Update Process From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that the City Council take the following actions: 1. Establish and provide direction to staff regarding recruitment of a Working Group to assist with the development of the 2023-2031 Housing Element Update; and 2. Designate the Policy and Services Committee, an ad hoc committee or other direction on Council participation in the update process. Executive Summary In order to meet existing and future housing needs for all in the community, the State requires that all local jurisdictions adopt a Housing Element as part of their General Plan. A Housing Element is a strategic housing plan outlining how the City will meet its housing needs, including identifying sites to accommodate new housing and programs to facilitate new housing construction. State law requires that jurisdictions update their Housing Element and have it certified by the State Housing and Community Development (HCD) department every eight years. The City’s current Housing Element is for the 2015-2023 period. By December 2022, the City must prepare and submit for certification its Housing Element covering 2023 – 2031. Due to the extensive work needed to prepare the Housing Element, the City has already initiated the update process by issuing a Request for Proposal for a HE consultant . In conjunction with the selection of a consultant, staff recommends the formation of a Working Group (Working Group) to help advise the City Council, staff, and consultant team throughout the update process. The group would represent a cross section of the Palo Alto community and housing stakeholders. The group, in an advisory role, would be tasked with providing City of Palo Alto Page 2 comments and feedback, proposing programs and policies, and making recommendations to the Council. As a body created by action of the City Council, the Working Group would be subject to the Brown Act. In addition, staff requests that the Council consider designating the Policy and Services Committee to receive regular briefings regarding progress of the update, and to provide direction and input. If the Council chooses not to designate the Policy and Services Committee, some alternatives include forming a Housing Element subcommittee or Council ad hoc committee to maintain Council engagement with the Working Group. Council could also consider designating the Planning and Transportation Commission as an option. Background Since 1969, the State has required all local jurisdictions adequately plan to meet the housing needs of everyone in the community. Local jurisdictions meet this requirement by adopting housing elements as part of their “general plan” or in the Palo Alto’s case, the Palo Alto Comprehensive Plan. The Comprehensive Plan serves as the City’s "blueprint" for how the City will grow and develop. State law mandates inclusion of eight elements in general plans: land use, transportation, conservation, noise, open space, safety, housing, and most recently, environmental justice. Jurisdictions may elect to include additional elements. The Housing Element is one of the eight mandated elements in the Com prehensive Plan and the only element that requires certification by the State. The Housing Element covers a period of eight years. For reference, please click here for a copy of the 2015-23 Housing Element. The City’s current Housing Element lasts through the year 2023. California’s housing-element law acknowledges that, in order for the private market to adequately address the housing needs of Californians, local governments must adopt plans and regulatory systems that provide opportunities for housing development. As a result , housing policy in California rests largely on the effective implementation of local general plans and in particular, local housing elements. As noted, staff issued a Request for Proposal (RFP) seeking a Housing Element consultant to assist the City in its update. Firms submitted proposals on December 23, 2020. Staff is in the process of evaluating the proposals. Housing Element Requirements There are a number of requirements that must be met in order for a Housing Element to be certified by the State. A more detailed description of each of the Housing Element requirements is included as Attachment A. The main requirements of the Housing Element include the following items: • Housing Needs City of Palo Alto Page 3 Housing-element law requires local governments to adequately plan to meet their existing and projected housing needs, including their share of the regional housing needs allocation (RHNA). Analysis of the City’s housing need should include a review of Assisted Housing Developments at Risk of Conversion, Extremely Low -Income Housing Needs, Overpayment and Overcrowding, and Population, Employment, and Household Characteristics. • Site Inventory and Analysis Government Code Section 65583(a)(3) requires local governments to prepare an inventory of land suitable for residential development to accommodate its RHNA. The City‘s RHNA for the planning period has not been finalized. Based on the draft methodology, the City’s RHNA is expected to be approximately 6,000 housing units. The inventory includes vacant sites and non-vacant sites having the potential for redevelopment. An analysis of the relationship between zoning and public facilities and services to these sites is also required. Since the previous Housing Element update, the State has passed additional site selection requirements to allow sites to be included in a jurisdiction’s site inventory. Additional information about RHNA and recent site inventory and analysis requirements are included as Attachment B. • Constraints The housing element must identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing for all income levels. The analysis should identify the specific standards and processes of these constraints and evaluate their impact on the supply and affordability of housing. • Program Requirements Each jurisdiction must identify specific programs in its housing element that will allow it to implement the stated policies and achieve the stated goals and objectives. Programs must include specific action steps the locality will take as part of this implementation. • Affirmatively Furthering Fair Housing As of January 1, 2019, all housing elements must include a program that promotes and affirmatively furthers fair housing opportunities throughout the communit y. Under state law, affirmatively furthering fair housing means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” • Other Requirements In addition to the above listed requirements, other requirements include: Analysis of Consistency with the Comprehensive Plan, and Priority for Water and Sewer (in which sewer and water providers must grant service allocations for affordable housing project. City of Palo Alto Page 4 Consequences of Non-Certification The potential consequences for failing to adopt a compliant Housing Element are severe. Litigation may be brought by any interested party (Gov. Code 65587(b)) or the office of the Attorney General (Gov. Code 65585). If a court finds that the jurisdiction’s Housing Element is inadequate, it must include one or more of the following remedies in its order: • Suspension of the jurisdiction’s authority to issue building permits or related permits prior to the issuance of such permits for housing projects; • Suspension of the jurisdiction’s authority to grant zoning changes, variances, and map approvals; • Mandated approval of residential housing projects. (Gov. Code 65755). In other words, until the jurisdiction adopts a compliant Housing Element, a court is empowered – and to some extend required – to halt all development activity in the jurisdiction other than permits for housing projects that would be consistent w ith a compliant Housing Element. In addition, recent legislation expanded the authority of the office of the Attorney General to enforce housing element law. In suits brought by the office of the Attorney General, a court is required to impose fines on jurisdictions that consistently refuse to adopt a compliant Housing Element. The fines ranges from a minimum of $10,000 per month, up to $600,000 per month. If a jurisdiction has not adopted a compliant Housing Element within 18 months following a court order, the court may appoint a receiver to take all governmental actions necessary to bring the jurisdiction’s Housing Element into compliance. (Gov. Code 65585). Previous Housing Community Panel and Regional Housing Mandate Committee In the previous Housing Element update process in 2014, a Housing Community Panel (Panel) was established to work with City staff and the consultant. The City Council assigned the City Manager the responsibility to select members of the Panel. Meeting on a monthly basis, the Panel started with reviewing programs and policies of the 2007-2014 Housing Element for continuation in the next cycle, making Housing Inventory Site selections, and proposing additional or new housing programs and policies. Below is the list of the stakeholder organizations/categories that participated in the Community Panel. City of Palo Alto Page 5 Table 1: Stakeholders Serving on Panel for 2015 -2023 Update Planning and Transportation Commission Realtors Human Relations Commission Renters Palo Alto Unified School District Persons with Disabilities Palo Alto parents Seniors Neighborhood Associations Market Rate Housing Developer Housing Advocates Affordable Housing Developer Staff also worked with a Mayor-appointed Regional Housing Mandate Subcommittee (RHMC). The RHMC was initially established to review the RHNA process but then was assigned to review the 2015-2023 Housing Element update process. The RHMC met on a monthly basis and provided feedback to staff. Discussion Government Code 65583(c)(7) requires: "The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort." Staff propose the establishment of a Working Group to be one facet of the City’s public participation effort. Additional opportunities would be provided for public engagement and participation, such as workshops and other engagement options. Staff also proposes to provide a monthly summary of the update process as well as providing a quarterly report to Council so that the public may track the progress of the update. Role of Working Group The role of the Working Group would be as an advisory group to the City Council. It would provide recommendations to the Council on a variety of areas including housing program and policy, housing inventory site selection, and community participation and outreach. The Working Group would be subject to the Brown Act, California’s Open Meeting Law, and would hold regular, noticed, and agendized public meetings. The Working Group is expected to meet monthly, starting shortly after the selection of the consultant . Overall, the commitment would begin in April 2021 and extend through October 2022. Group Makeup The Working Group would be comprised of a cross section of the Palo Alto community and those interested in housing in the City. Staff recommends a working group size of 13-17 members to keep the group manageable and productive. Two alternates should also be selected by the City Council in case a member resigns or fails to attend at least 75% of the meetings. Table 2 includes a proposed list of stakeholder groups to be included in the Working Group. City of Palo Alto Page 6 Table 2: Potential Working Group Membership Recommended for Inclusion Additional Stakeholders Affordable housing developer Architect and/or design professional Affordable housing resident Business community Interest groups (such as Palo Altans for Sensible Zoning, Palo Alto Forward, League of Women Voters) Faith community Market rate housing developer Human Relations Commission Neighborhood Associations/Groups Planning and Transportation Commission Persons with disabilities Realtors Renters School District Seniors Special Needs Stanford University Unhoused or formerly unhoused (including those living in vehicles Underrepresented Populations (Limited English Proficiency, youth, persons of color.) If the current proposed RHNA methodology is approved, more than half of the City’s expected RHNA requirement will be very-low, low, and moderate income units. Therefore, staff proposes that an affordable housing resident be included as part of the Working Group. This would also be consistent with the new AFFH requirements to provide outreach and representation of those groups previously underrepresented in past processes. Qualifications The City should select candidates needed to ensure a diversity of interests and expertise, including homeowners and renters, people of different ages, economic levels, and cultural backgrounds. Successful candidates must have energy, a drive to steward the future of the City, and a willingness to meet on a monthly basis. A demonstrated ability to work collaboratively and effectively in a diverse group environment is recommended. Application Process An application process indicating the required and desired criteria can allow the City to identify individuals for the Working Group. Some of the proposed representatives are unique or specific and may require an invitation to participate instead of a voluntary submittal of an application. Applicants who are not appointed to the Working Group are nonetheless welcome to attend the regular meetings and provide their input. Based on direction this evening, staff would initiate the application and recruitment process with a goal to return to Council in April for appointment of the members. Council Subcommittee City of Palo Alto Page 7 In addition to the formation of the Working Group, staff requests the formation of a two or three-member Council subcommittee to participate in the Housing Element update process. The subcommittee could be established by assigning the responsibility to the existing Policy and Services Committee. Similar to the previous Housing Element update process, the subcommittee would receive updates on the efforts of the Working Group and review and provide input on Working Group proposals or recommendations. Staff envisions that updates would be provided to this subcommittee every other month. If the Council chooses not to assign the members of the Policy and Services Committee to the Housing Element update, Council can establish a new subcommittee and appoint members. Selection of the members to serve on the Housing Element update subcommittee could occur in April, at the same time the Working Group members are proposed to be selected. Next Steps If approved, City staff will conduct a comprehensive two -week outreach and recruitment process for potential applicants to ensure a diverse pool of applicants for each of the selected categories of representatives. A draft of the application form is included as Attachment C. Applications would be due by the end of February. The City Council would review and select applicants in April. Summary of Key Issues Council is asked to provide direction on the formation of the Working Group and Council subcommittee to establish a wide range of stakeholder representation to facilitate the H ousing Element update process. Policy Implications The establishment of working groups and subcommittees is a consistent practice with major Planning efforts the City has previously undertaken. There are no anticipated policy conflicts related to the requested action. Resource Impact The active preparation and participation of staff and consultants with the sele cted Working Group and designated Council subcommittee meetings will require dedicated time on a monthly basis for approximately 18 months. Additional costs for the consultant’s time will be included in the Housing Element update project budget. At this time, funding from State Local Early Action Planning (LEAP), SB2 Planning grants, and the General Fund is available to pay for a significant portion of the Housing Element. Staff is also tracking other funding sources if expenses exceed budgeted estimates. Timeline Below is a tentative timeline of the Housing Element update process if the Council chooses to establish a Working Group and a Council subcommittee. As mentioned above, staff expects to City of Palo Alto Page 8 meet monthly with the Working Group and every two months with the Council subcommittee starting in late Spring 2021. Table 3: Timeline Action Projected Date Consultant Selected April 2021 Community Meetings May 2021 Working Group Meets May 2021 Council Subcommittee Meets June 2021 PTC Housing Element Update November 2021 Council Housing Element Update January 2022 Council Housing Element Update June 2022 Release of Administrative Draft July 2022 PTC Review September 2022 City Council Housing Element adoption November 2022 HCD certification January 2023 Environmental Review The current action requested does not represent a project under the California Environmental Quality Act (CEQA). The City anticipates that a Supplemental Environmental Impact Report to the Comprehensive Plan Final Environmental Impact Report (2017) will be the appropriate level of environmental review for the Housing Element update and associated tasks. Attachments: • Attachment - Summary of HE Requirements • Attachment B - RHNA and Site Requirements • HE Working Group Application ATTACHMENT A HOUSING ELEMENT REQUIREMENTS a. Housing Needs An effective housing element provides the necessary conditions for developing and preserving an adequate supply of housing. Housing-element law requires local governments to adequately plan to meet their existing and projected housing needs, including their share of the regional housing needs allocation (RHNA). The City‘s RHNA for the planning period is approximately 10,000 housing units but this number has not yet been finalized. Per the ABAG RHNA timeline, the City’s final RHNA number should be determined in June 2021. A complete housing analysis should include a quantification and a descriptive analysis of the specific needs and resources available to address these needs. b. Site Inventory and Analysis Government Code Section 65583(a)(3) requires local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, to accommodate its RHNA requirement. An analysis of the relationship of zoning and public facilities and services to these sites is also required. The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period. Since the previous HE update, the State has passed additional requirements for site selection which involve greater analysis. Housing elements previously required land inventories that identify sites that could accommodate housing development. Now, the site inventory must include the "realistic and demonstrated potential" for identified sites to accommodate housing development. As part of the analysis of realistic and demonstrated potential, it must show if the site has access to utilities. In additi on, the State requires greater justification of the number of units on the site, including a review of the density of projects on similar sized sites. Also, the State put additional requirements on vacant and non-vacant sites. For example, if a non-vacant site is selected for the sites inventory, the analysis for the site must consider the jurisdiction’s past experience in converting existing uses to higher density residential development, current market demand for the existing use and any contract or lease that could prevent the redevelopment of the site. c. Constraints The housing element must identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing for all income levels. The analysis should identify the specific standards and processes of these constraints and evaluate their impact on the supply and affordability of housing. The analysis should determine whether local, regulatory standards pose an actual constraint and must also demonstrate local efforts to remove constraints that hinder a jurisdiction from meeting its housing needs. d. Program Requirements Each jurisdiction must identify specific programs in its housing element that will allow it to implement the stated policies and achieve the stated goals and objectives. Programs must include specific action steps the locality will take to implement its policies and achieve its goals and objectives. Programs must also include a specific timeframe for implementation, identify the agencies or officials responsible for implementation, describe the jurisdiction’s specific role in implementation, and (whenever possible) identify specific, measurable outcomes. e. Affirmatively Furthering Fair Housing As of January 1, 2019, all housing elements must now include a program that promotes and affirmatively furthers fair housing opportunities throughout the community. Additionally, all housing elements due on or after January 1, 2021, must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under state law, affirmatively further fair housing means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” The housing element land inventory and identification of sites must be consistent with a jurisdiction’s duty to AFFH and the findings of its AFH. e. Other Requirements In addition to the above listed requirements, other requirements include: Analysis of Consistency with the Comprehensive Plan and Priority for Water and Sewer. RHNA Process and Recently Enacted Housing Element Site Selection Requirements Regional Housing Needs Allocation (RHNA) RHNA represents the number of housing units a jurisdiction must planned for and is derived from a process involving state and regional organizations. Because housing is an area of statewide concern, the legislature over several decades has taken steps to promote the production of fair housing opportunities for all. Each jurisdiction in the state must prepare a housing element, which is a component of the comprehensive plan. Housing elements are typically updated every eight years and include housing production goals at various income levels. Jurisdictions must demonstrate in their housing element that they already have capacity to accommodate the new housing growth or they need to amend their local zoning laws to do so within a specified period of time. City staff has been working with the Association of Bay Area Governments in determining the City’s RHNA for the 2023-2031 period. While the City’s RHNA has yet to be finalized, per the Final Subregional Shares, dated December 18, 2020, the City’s draft RHNA is as follows: Draft 2023-2031 RHNA Very Low Income Low Income Moderate Income Above Moderate Income TOTAL 1,556 896 1,013 2,621 6,086 The final RHNA determination for the subregions will be considered by the ABAG Executive Committee on January 21, 2021. RHNA Site Selection Requirements As the City commences its site selection process to accommodate its RHNA, since the last Housing Element update, the State has approved a number of additional requirements as part of the site selection process. Below is a summary of the new requirements and its potential impacts to the City. SB 166 (2017) - No Net Loss SB 166 adds a “no net loss” provision for Housing Opportunity site inventories. If an approved project on a Housing Opportunity site has fewer units by income category than what was identified in the City’s housing element, the remaining sites in the housing element must be adequate to meet the unmet RHNA requirements, or the local government is required to identify and rezone additional sites to fully accommodate the unmet need within 180 days. City Impact: In general, when selecting Housing Opportunity sites to accommodate RHNA, additional sites are selected to create a “surplus” of units in anticipation to such “no net loss” scenarios. A general rule of thumb is to create a surplus of approximately 10% over the RHNA. In the City’s case, with the anticipated RHNA of 6,000 units, adequate sites to accommodate up to 6,600 units would be recommended. The City will need to closely monitor future developments to track the “no net loss” requirement. AB 1397 (2017) – Revised Housing Opportunity Sites Eligibility Standards AB 1397 increases eligibility requirements for Housing Opportunity sites. Some significant requirements were introduced in AB 1397. Sites in the inventory must now be both suitable and available. Sites smaller than half-acre or larger than 10 acres are not considered suitable for lower income housing unless the jurisdiction provides examples of “realistic capacity” in which it can demonstrate sites of equivalent size that were successfully developed during the prior planning period for an equivalent number of lower income housing units or other supporting evidence. For non-vacant sites, they must have a realistic and demonstrated potential for redevelopment. To demonstrate availability, if a local government uses non-vacant sites to accommodate most of its lower income housing need, as it is in the City’s case, existing uses are presumed impediments absent substantial findings that the use is likely to be discontinued during the planning period to show that the site is available. Also, vacant sites cannot be used for more than two consecutive planning periods, and non-vacant sites for consecutive planning periods, unless the site is rezoned to allow at least 30 units per acre and by-right development if at least 20% of the units are affordable to lower income households City Impact: Changes in the State Housing Element Law compound the difficulty presented by a higher RHNA. The current site inventory illustrates the impact of these tightened standards. Of the current 1,680 units of lower income housing capacity identified on 176 sites in the City’s 15-23 Housing Element: • 1,559 units (92.7%) are planned on non-vacant sites, triggering the requirement for findings that existing uses in non-vacant parcels are likely to be discontinued. • 885 units (52.6%) are planned on sites smaller than half-acre or larger than 10 acres and require evidence of equivalent sites being developed. This constitutes 138 of the 176 Housing Opportunity sites (78.4%). • A substantial number of non-vacant sites have been included in previous housing elements. These sites will now be subject the AB 1397 requirements for inclusion in the HE update. AB 686 (2018) – Affirmatively Furthering Fair Housing AB 686 adds an affirmatively furthering fair housing (AFFH) requirement for housing elements that includes: • A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity. • An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk. • An identification of the jurisdiction’s fair housing priorities and goals and identifying the metrics and milestones for determining what fair housing results will be achieved. • Strategies and actions to implement those priorities and goals, which may include enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, including preservation of existing affordable housing, and protecting existing residents from displacement. City Impact: AB 686’s requirement to approach the site inventory with an AFFH lens will add more complexity to the work for the sixth cycle. Once again, the current site inventory illustrates the challenge the City faces in achieving compliance in the upcoming cycle. While the City is mostly areas of high opportunity, site selection must ensure that the selected sites do not lead to further segregation or greater disparity in fair housing opportunities. High opportunity/resource areas are defined by HCD and the California Tax Credit Allocation Committee, which uses them in evaluating financing for affordable housing projects. AB 725 (2020) – Medium-Density Housing Required AB 725 addresses the deficit of medium -density housing by requiring cities designate at least 25 percent of a jurisdiction's share of the regional housing needs allocation as moderate- and above moderate-income housing. For these housing opportunity sites, zoning that allows at least four units of housing, but not more than 100 u nits per acre of housing, is required. City Impact: This new legislation, which was signed by the Governor in September 2020, is still being analyzed on how to implement this requirement and to understand what impact this legislation may have on site selection. December 18, 2020 Invitation to Apply to the Palo Alto Housing Element Update Working Group Applications are due by close of business on February 26, 2021 The City of Palo Alto is seeking applications from community members interested in being on a working group that will assist the City in its 2023-31 Housing Element update. If you would like to be considered as a participant on this group, please review the information below and submit a completed application form by the close of business on February 26, 2021. Background In order to meet existing and future housing needs for all in the community, the State requires that all local jurisdictions adopt a Housing Element (HE), a strategic housing plan outlining how the City will implement programs and identify sites to meet its housing needs. State law requires that jurisdictions update their HE and have it certified by the State Housing and Community Development (HCD) department every eight years. The City’s current HE is for the 2015-2023 period. Because of the extensive work needed in the preparation of a HE, the City has already initiated the update process for the 2023-2031 Housing Element update. The anticipated deadline for Housing and Community Development (HCD) certification deadline for the 2023-2031 planning period is sometime between December 2022 - January 2023. Public participation is a significant component of the update process. In addition to extensive community outreach, the City Council wishes to establish a HE Working Group (Working Group) to help advise the consultant and staff as part of the update process. The group would be representative of a cross section of the Palo Alto community and interested housing stakeholders in the City. The group, in an advisory role, would be tasked with providing comments and feedback, proposing programs and policies, and making recommendations to the Council. Working Group Purpose and Role The Working Group will consist of up to 15 community members appointed by the City Council to represent a diversity of interests and serve as an advisory body to City staff and City Council. Two alternates will also be selected in the event that a member resigns or fails to attend at least 75% of the meetings. Some of the responsibilities the Working Group may be tasked with include: 1. Review of existing Housing Element programs and policies. 2. Review and respond to baseline data, analysis, recommendations, and presentations by staff and consultants. 3. Develop goals and policies, refine housing options, and address key housing issues. 4. Serve as a conduit and resource for larger community input (i.e., workshops, tours, and online engagement). Working Group members will be asked to review materials provided in advance of monthly meetings and will be primarily engaged in reviewing and commenting on (rather than writing) draft Housing Element language. Term The Working Group will be subject to the Brown Act, California’s Open Meeting Law, and will hold regular, noticed and agendized public meetings. The Working Group is expected to meet approximately monthly, starting in May 2021 and extending through October 2022. December 18, 2020 Composition Members will be selected to ensure the group is representative of a diversity of community members representing the many different interests in housing. The following composition will include (members may address multiple criteria): • Housing Developers (Affordable and Market Rate) • Community/Organization/Association Representatives • Special Needs Population • Seniors • Previously Underrepresented Populations • Renters • School District • Stanford University Qualifications The City Council will select appropriate candidates to ensure a diversity of interests and expertise, including homeowners and renters and people of different ages and cultural backgrounds. Successful candidates must have available time and energy for this important task, good ideas about the future of the City, willingness to meet on a monthly basis and have demonstrated the ability to work collaboratively and effectively in a diverse group environment. Applicants who are not appointed to the Working Group are nonetheless welcome to attend the regular meetings and provide their input. December 18, 2020 Housing Element Update Working Group Application Name: Mailing Address: Phone: Email Address: Are you a Palo Alto resident? ☐ YES ☐ NO Do you work in Palo Alto? ☐ YES ☐ NO If yes, what is the name of your company/business? What is the address of your company/business? Do you own property in Palo Alto? ☐ YES ☐ NO If yes, what is the property address? Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Board Members or Commissioners? ☐ YES ☐ NO If yes, which department/body? Are you generally available and committed to attend approximately monthly meetings between May 2021 and October 2022? ☐ YES ☐ NO Check any that apply to you: ☐ Service Provider ☐ Developer ☐ Advocate ☐ Finance ☐ Community/Organization/Association Representative ☐ Other (please specify: ) Please briefly indicate any education or experience you have in the fields of housing and community development, housing finance or development, social services, urban planning and land use, or other relevant fields: Please describe your involvement/experience in community activities, volunteer work, civic organizations, and how you have connected with others in the community: Why are you interested in serving on the Working Group? How did you learn about the Working Group formation? (check all that apply) Email from the City City Council Meeting Palo Alto Weekly Social Media Other: Submit to: Department of Planning and Community Environment Attention: Tim Wong 250 Hamilton Avenue, 5 th Floor Palo Alto, CA 94301 HEUpdate@cityofpaloalto.org Applications due by February 26, 2021 CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 19, 2021 The Honorable City Council Palo Alto, California SECOND READING: Adoption of a Temporary Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Broaden Permissible Uses and Raise Thresholds for Conditional Use Permits for Some Land Uses Throughout the City. Environmental Review: California Environmental Quality Act (CEQA) Exemption 15061(b)(3) (FIRST READING: December 14, 2020 PASSED: 7-0) (Continued From January 11. 2021) This was continued by Council Motion on January 11, 2021 due to unanswered Council questions. It was first heard by the Council on December 14, 2020 where it was unanimously passed without changes. MOTION: Council Member Filseth moved, seconded by Vice Mayor DuBois to: A. Find the proposed Ordinance exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3); and B. Adopt on first reading the Ordinance amending various land use definitions to broaden permissible uses and adjust conditional use permit thresholds for some land uses throughout the City. MOTION PASSED: 7-0 ATTACHMENTS: • Attachment A: Draft Ordinance Retail (PDF) Department Head: Beth Minor, City Clerk Page 2 *NOT YET APPROVED* 1 0160034_20201203_ay_16 Ordinance No. ___ Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.18 (Downtown Commercial (CD) Districts) and 18.30 (A) and (C) – the Retail and Ground Floor combining districts The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to the threat of Coronavirus Disease 2019 (“COVID-19”). B. As a result of the COVID-19 pandemic and the public health response, restaurant, retail, tourism, and hospitality business has significantly declined and the nation is experiencing a recession. C. The City Council desires to relax certain zoning regulations in the City’s commercial zoning districts to address some of the economic challenges created by the COVID-19 pandemic and to spur economic activity. D. The public health, safety, or welfare require that such changes to the City’s zoning regulations be enacted for a temporary period and as expediently as possible, without review by the Planning and Transportation Commission pursuant to Palo Alto Municipal Code section 18.80.090. SECTION 2. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: 18.04.030 Definitions (a) Throughout this title the following words and phrases shall have the meanings ascribed in this section. [. . .] ;ϰϱͿථ͞ƌŝǀĞ-in/drive-through service” means a feature or characteristic of a use involving sales of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive- through services such as mechanical automobile washing, pharmacy windows, coffee stands, automatic teller machines, etc. [. . .] *NOT YET APPROVED* 2 0160034_20201203_ay_16 ;ϰϳͿථ͞ĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞrvice” means a use providing preparation and retail sale of food and beverages with a full menu and providing indoor seating area. ĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐ service include ƉƌĞƐĞŶĐĞŽĨĂĨƵůůĐŽŵŵĞƌĐŝĂůŬŝƚĐŚĞŶĂŶĚĐŽŵŵĞƌĐŝĂůĚŝƐŚǁĂƐŚĞƌ͘including restaurants, fountains, cafes, coffee shops, sandwich shops, ice cream parlors, ƚĂǀĞƌŶƐ͕ĐŽĐŬƚĂŝů lounges and similar uses. For establishments with incidental sale alcoholic beverages, a ŵŝŶŝŵƵŵŽĨϱϬйŽĨƌĞǀĞŶƵĞƐĨƌŽŵĂŶ͚ĞĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞ͛ŵƵƐƚďĞĚĞƌŝǀĞĚĨƌŽŵƚŚĞ sale of food. Related definitions are provided in subsections (45) (Drive-in/drive-through service), (125)(B) (Intensive retail service) and (136) ;dĂŬĞ-out service). [. . .] (95) “Medical office” means a use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the state of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Medical office use does not include the storage or use of hazardous materials in excess of the permit quantities as defined in Title 15 of the Municipal Code. Medical gas storage or use shall be allowed up to 1,008 cubic feet per gas type and flammable liquids storage and use shall be allowed up to 20 gallons total (including waste). (95.1) (A) “Medical research” means a use related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical Research does not include the storage or use of quantities of hazardous materials above the exempt quantities listed in Title 15 of the Municipal Code nor any toxic gas regulated by Title 15. Additionally, Medical Research may include storage and use of etiological (biological) agents ƵƉƚŽĂŶĚŝŶĐůƵĚŝŶŐZŝƐŬ'ƌŽƵƉϮŽƌŝŽ^ĂĨĞƚǇ>ĞǀĞůϮ;ĞŶƚĞƌĨŽƌŝƐĞĂƐĞŽŶƚƌŽůͿ͘ (95.2) (B) “Medical support retail” means a retail use providing sales, rental, service, or repair of medical products and services to consumers or businesses, and whose location near hospitals or medical offices facilitates the provision of medical care or medical research. Examples of medical retail uses typically include, but are not limited to, pharmacies, sale of prosthetics, and sale of eyeglasses or other eye care products. (95.3) (C) “Medical support service” means a use providing administrative support functions for healthcare providers or facilities, intended to support the operations of hospitals or of medical and dental office uses, and whose location near those medical facilities enhances the interaction between medical providers and/or facilitates the provision of medical care or medical research. Examples of medical support service uses typically include, but are not limited to, administration and billing services, public relations, training, and fundraising. Hospitals and ambulance services are not included in this definition. [. . .] *NOT YET APPROVED* 3 0160034_20201203_ay_16 (114) “Personal service” means a use providing services of a personal convenience nature, and cleaning, repair or sales incidental thereto, including: (A) Beauty shops, nail salons, day spas, and barbershops; (B) Self-ƐĞƌǀŝĐĞůĂƵŶĚƌǇĂŶĚĐůĞĂŶŝŶŐƐĞƌǀŝĐĞƐ͖ůĂƵŶĚƌǇĂŶĚĐůĞĂŶŝŶŐƉŝĐŬ-up stations where all cleaning or servicing for the particular station is done elsewhere; and laundry and cleaning stations where the cleaning or servicing for the particular station is done on site, utilizing equipment meeting any applicable Bay Area Air Quality Management District requirements, so long as no cleaning for any other station is done on the same site, provided that the amount of hazardous materials stored does not at any time exceed the threshold which would require a permit under Title 17 (Hazardous Materials Storage) of this code; (C) Repair and fitting of clothes, shoes, and personal accessories; (D) YƵŝĐŬƉƌŝŶƚŝŶŐĂŶĚĐŽƉǇŝŶŐƐĞƌǀŝĐĞƐ where printing or copying for the particular ƐĞƌǀŝĐĞŝƐĚŽŶĞŽŶƐŝƚĞ͕ƐŽůŽŶŐĂƐŶŽƋƵŝĐŬƉƌŝŶƚŝŶŐŽƌĐŽƉǇŝŶŐĨŽƌĂŶǇŽĨĨ-site printing or copying service is done on the same site; (E) Internet and other consumer electronics services; (F) Film, data and video processing shops, including shops where processing for the particular shop is done on site, so long as no processing for any other shop is done on the same site; (G) Art, dance or music studios intended for an individual or small group of persons in a class (see “commercial recreation” for other activities); and (H) Fitness and exercise studios, or similar uses, in a space having of 1,800 5,000 square feet or fewer of gross floor area (see “commercial recreation” for uses exceeding 5,000 square feet other activities). (I) >ĞĂƌŶŝŶŐĐĞŶƚĞƌƐŝŶƚĞŶĚĞĚĨŽƌŝŶĚŝǀŝĚƵĂůŽƌƐŵĂůůŐƌŽƵƉƐĞƚƚŝŶŐƐ͕ŝŶĐůƵĚŝŶŐƚƵƚŽƌŝŶŐ͕ standardized test preparation, language classes, after-school programs͕ĐŽŽŬŝŶŐĐůĂƐƐĞƐ͕ĂŶĚ similar uses. [. . .] ;ϭϮϱͿථ͞ZĞƚĂŝůƐĞƌǀŝĐĞ͟ŵĞĂŶƐĂƵƐĞŽƉĞŶƚŽƚŚĞƉƵďůŝĐĚƵƌŝŶŐƚǇƉŝĐĂůďƵƐŝŶĞƐƐŚŽƵƌƐĂŶĚ predominantly engaged in providing retail sale, rental, service, processing, or repair of items primarily intended for consumer or household use. ;Ϳ͞ǆƚĞŶƐŝǀĞƌĞƚĂŝůƐĞƌǀŝĐĞ͕͟ĂƐƵƐĞĚǁŝƚŚƌĞƐƉĞĐƚƚŽƉĂƌŬŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐ͕ŵĞĂŶƐĂ retail sales use having more than seventy-five percent of the gross floor area used for display, ƐĂůĞƐ͕ĂŶĚƌĞůĂƚĞĚƐƚŽƌĂŐĞŽĨďƵůŬǇĐŽŵŵŽĚŝƚŝĞƐ, including household furniture and appliances, lumber and building materials, carpeting and floor covering, air conditioning and heating ĞƋƵŝƉŵĞŶƚ͕ĂŶĚƐŝŵŝůĂƌŐŽŽĚƐ͕ǁŚŝĐŚƵƐĞƐŚĂǀĞĚĞŵŽŶƐƚƌĂďůǇůŽǁƉĂƌŬŝŶŐĚĞŵĂŶĚŐĞŶĞƌĂƚŝŽŶ per square foot of gross floor area. *NOT YET APPROVED* 4 0160034_20201203_ay_16 ;Ϳථ ͞/ŶƚĞŶƐŝǀĞƌĞƚĂŝůƐĞƌǀŝĐĞ͟ĂƐƵƐĞĚǁŝƚŚƌĞƐƉĞĐƚƚŽƉĂƌŬŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐ͕ŵĞĂŶƐĂŶǇ retail service use not defined as extensive retail service and including limited food service (i.e. ‘ready-to-eat’ food and/or beverage ƐŚŽƉƐǁŝƚŚŽƵƚĂĨƵůůĐŽŵŵĞƌĐŝĂůŬŝƚĐŚen, where food and/or beverages are ready to consume at the time of sale and any seating area is limited; examples include sandwiches, frozen desserts, non-alcoholic beverages, and ďĂŬĞĚ items). [. . .] ;ϭϯϲͿ͞dĂŬĞ-out service” means a characteristic of ĂŶĞĂƚŝŶŐŽƌĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞǁŚŝĐŚ encourages, on a regular basis, consumption of food or beverages, such as prepared or ƉƌĞƉĂĐŬĂŐĞĚŝƚĞŵƐ͕ŽƵƚƐŝĚĞŽĨĂďƵŝůĚŝŶŐ͕ŝŶŽƵƚĚŽŽƌƐĞĂƚŝŶŐĂƌĞĂƐǁŚĞƌĞƌĞŐƵůĂƌƚĂďůĞƐĞƌǀŝĐĞŝƐ ŶŽƚƉƌŽǀŝĚĞĚ͕ŝŶǀĞŚŝĐůĞƐƉĂƌŬĞĚŽŶthe premises, or off-site. dĂŬĞ-out service does not include intensive retail service uses, as defined in subsection (125)(B). [. . .] SECTION 3. ^ĞĐƚŝŽŶϭϴ͘ϭϲ͘ϬϰϬ;>ĂŶĚhƐĞƐͿŽĨŚĂƉƚĞƌϭϴ͘ϭϲ(Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: The uses of land allowed by this chapter in each commercial zoning district are identified in the ĨŽůůŽǁŝŶŐƚĂďůĞƐ͘>ĂŶĚƵƐĞƐƚŚĂƚĂƌĞŶŽƚůŝƐƚĞĚŽŶƚŚĞƚĂďůĞƐĂƌĞŶŽƚĂůůŽǁĞĚ͕ĞǆĐĞƉƚǁŚĞƌĞ otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. ;ĂͿŽŵŵĞƌĐŝĂůŽŶĞƐĂŶĚ>ĂŶĚhƐĞƐ Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1: TABLE 1 PERMITTED AND CONDITIONALLY PERMITTED 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 *NOT YET APPROVED* 5 0160034_20201203_ay_16 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 MANUFACTURING AND PROCESSING USES Recycling Centers CUP CUP CUP Warehousing and Distribution CUP OFFICE USES Administrative Office Services P 18.16.050 Medical Offices CUP (5) CUP (5)CUP (5)18.16.050 Professional and General Business Offices P P P 18.16.050 PUBLIC/QUASI-PUBLIC USES Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards. CUP CUP CUP RECREATION USES Commercial Recreation CUP (5) CUP (5)CUP (5)18.40.160 Outdoor Recreation Services CUP CUP CUP *NOT YET APPROVED* 6 0160034_20201203_ay_16 RESIDENTIAL USES Multiple-Family P(1) P(1) P(1) 18.16.060(b) and (c) Home Occupations P P P Residential Care Homes P P P RETAIL USES Eating and Drinking Services, excluding drive-in and take-out services P P P 18.40.160 Retail Services, excluding liquor stores P P P 18.40.160 Liquor stores CUP P P 18.40.160 Shopping Centers P 18.16.060(e), 18.40.160 SERVICE USES Ambulance Services CUP CUP CUP Animal Care, excluding boarding and kennels PP P Boarding and Kennels CUP Automobile Service Stations CUP CUP CUP 18.30(G) Automotive Services CUP Convalescent Facilities CUP P P Day Care Centers P P P 18.40.160 Small Family Day Care Homes P P P Large Family Day Care Homes P P P Small Adult Day Care Homes P P P Large Adult Day Care Homes CUP P P Banks and Financial Services V CUP P(2) P(2) General Business Services CUP P Hotels P P 18.16.060(d), 18.40.160 *NOT YET APPROVED* 7 0160034_20201203_ay_16 Mortuaries CUP P P Neighborhood Business Services P 18.16.060(f) Personal Services P P P 18.16.060(f), 18.40.160 Reverse Vending Machines P P P TEMPORARY USES Farmer's Markets CUP CUP CUP Temporary Parking Facilities, provided that such facilities shall remain no more than five years. CUP CUP CUP TRANSPORTATION USES Parking as a principal use CUP CUP Transportation Terminals CUP CUP P = Permitted Use CUP = Conditional Use Permit Required (1) Residential is only permitted: (i) as part of a mixed use development, pursuant to the provisions of Section 18.16.060(b), or (ii) on sites designated as housing inventory sites in the Housing Element of the Comprehensive Plan, (iii) on CN or CS sites on El Camino Real, or (iv) on CC(2) sites, all pursuant to the provisions of Section 18.16.060(b) and (c). (2) Except drive-in services. (3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another. (4) For properties in the CN and CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit. (5) A conditional use permit is not required for medical office or commercial recreation uses up to 5,000 square feet of gross floor area. [. . .] SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: *NOT YET APPROVED* 8 0160034_20201203_ay_16 18.16.060 Development Standards [. . .] (f) Size of Establishments in the CN District In the CN district, permitted commercial uses shall not exceed the floor area per individual use ŽƌďƵƐŝŶĞƐƐĞƐƚĂďůŝƐŚŵĞŶƚƐŚŽǁŶŝŶdĂďůĞϱ͘ථ^ƵĐŚƵƐĞƐŵĂǇďĞĂůůŽǁĞĚƚŽĞǆĐĞĞĚƚŚĞŵĂǆŝŵƵŵ establishment size, subject to issuance of a conditional use permit in accord with Section ϭϴ͘ϳϲ͘ϬϭϬ͘ථdŚĞŵĂǆŝŵƵŵĞƐƚĂďůŝƐŚŵĞŶƚƐŝǌĞĨŽƌĂŶǇĐŽŶĚŝƚŝonal use shall be established by the director and specified in the conditional use permit for such use. TABLE 5 Dy/DhD^/K&^d>/^,DEd Type of Establishment Maximum Size (sq ft) Personal Services 2,500 3,000 Retail services, except grocery stores 15,000 Grocery stores 20,000 ĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ 5,000 Neighborhood business services 2,500 3,000 [. . .] (h) Outdoor Sales and Storage (2) In the CC district and in the CC (2) district, the following regulations shall apply to outdoor sales and storage: (A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) KƵƚĚŽŽƌĞĂƚŝŶŐĂƌĞĂƐŽƉĞƌĂƚĞĚŝŶĐŝĚĞŶƚĂůƚŽƉĞƌŵŝƚƚĞĚĞĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐor intensive retail uses, (iii) &ĂƌŵĞƌƐ͛ŵĂƌŬĞƚƐƚŚat have obtained a conditional use permit, and (iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit. SECTION 5. Sections 18.18.050 (>ĂŶĚhƐĞƐ) of Chapter 18.18 (Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: *NOT YET APPROVED* 9 0160034_20201203_ay_16 18.18.050 Land Uses The uses of land allowed by this chapter in each commercial zoning district are ŝĚĞŶƚŝĨŝĞĚŝŶƚŚĞĨŽůůŽǁŝŶŐƚĂďůĞ͘>ĂŶĚƵƐĞƐƚŚĂƚĂƌĞŶŽƚůŝƐƚĞĚŽŶƚŚĞƚĂďůĞƐĂƌĞŶŽƚĂůůŽǁĞĚ͕ except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. Permitted and conditionally permitted land uses for the CD district are shown in Table 1: 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 USES Accessory facilities and activities associated with or essential to permitted uses, and operated incidental to the principal use PPP 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 MANUFACTURING AND PROCESSING USES *NOT YET APPROVED* 10 0160034_20201203_ay_16 Recycling Centers CUP CUP CUP Warehousing and Distribution CUP OFFICE USES Administrative Office Services P 18.18.060(f) Medical, Professional, and General Business Offices PPP18.18.060(f) PUBLIC/QUASI-PUBLIC FACILITY USES Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards CUP CUP RECREATION USES Commercial Recreation CUP (3) CUP (3) CUP (3) Outdoor Recreation Services CUP CUP CUP RESIDENTIAL USES Multiple-Family P (1)P (1)P (1)18.18.060(b) Home Occupations P P P Residential Care Homes P P P RETAIL USES Eating and Drinking Services, except drive-in or take-out services PPP18.18.060(g) ,1 8.40.160 Retail Services, excluding liquor stores P P P 18.18.060(g) ,1 8.40.160 Shopping Centers P 18.18.060(g) ,1 8.40.160 Liquor Stores P P CUP 18.40.160 SERVICE USES *NOT YET APPROVED* 11 0160034_20201203_ay_16 Animal Care, excluding boarding and kennels P P P Ambulance Services CUP CUP CUP 18.30(G) Automobile Service Stations CUP CUP CUP Automobile Services CUP Convalescent Facilities P P CUP Day Care Centers P P P 18.40.160 Small Family Day Care Homes P P P Large Family Day Care Homes P P P Small Adult Day Care Homes P P P Large Adult Day Care Homes Financial Services, except drive-up services P P CUP General Business Services CUP P P Hotels P P P 18.18.060(d) ,1 8.40.160 Mortuaries P P CUP Personal Services P P P 18.18.060(g) ,1 8.40.160 Reverse Vending Machines P P P TRANSPORTATION USES Parking as a principal use CUP CUP Passenger Transportation Terminals CUP TEMPORARY USES Indoor Farmers’ Markets CUP CUP CUP Temporary Parking Facilities, provided that such facilities shall remain no more than five years CUP CUP CUP *NOT YET APPROVED* 12 0160034_20201203_ay_16 P Permitted Use CUP Conditional Use Permit Required (1) Residential is only permitted as part of a mixed use development, pursuant to the provisions of Section 18.18.060(b), or on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions of Section 18.18.060(c). (2) Drive-up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet and each use shall not be less than 150 ft from one another. (3) A conditional use permit is not required for commercial recreation uses up to 5,000 square feet of gross floor area. SECTION 6. Section 18.18.060 (Development Standards) of Chapter 18.18 (Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: [. . .] (g) Restrictions on Size of Commercial Establishments in CD-N Subdistrict In the CD-N subdistrict, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 4. Such uses may be allowed to exceed the maximum establishment size, subject to the issuance of a conditional use permit in accordance with Chapter 18.76. The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use. TABLE 4 MAXIMUM SIZE OF ESTABLISHMENT Type of Establishment Maximum Size (ft 2 ) Personal Services 2,500 3,000 Retail services, except grocery stores 15,000 Grocery stores 20,000 ĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ 5,000 (h) Outdoor Sales and Storage. The following regulations shall apply to outdoor sales and storage in the CD district: (1) CD-C Subdistrict *NOT YET APPROVED* 13 0160034_20201203_ay_16 In the CD-C subdistrict, the following regulations apply: (A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) KƵƚĚŽŽƌĞĂƚŝŶŐĂƌĞĂƐŽƉĞƌĂƚĞĚŝŶĐŝĚĞŶƚĂůƚŽƉĞƌŵŝƚƚĞĚĞĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ or intensive retail uses, (iii) &ĂƌŵĞƌƐΖŵĂƌŬĞƚƐǁŚŝĐŚŚĂǀĞŽďƚĂŝŶĞĚĂĐŽŶĚŝƚŝŽŶĂůƵƐĞƉĞƌŵŝƚ͕ĂŶĚ (iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit. (C) Exterior storage shall be prohibited, except recycling centers which have obtained a conditional use permit. (2) CD-S Subdistrict In the CD-S subdistrict, outdoor sales and display of merchandise, and outdoor eating areas ŽƉĞƌĂƚĞĚŝŶĐŝĚĞŶƚĂůƚŽƉĞƌŵŝƚƚĞĚĞĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ and intensive retail uses shall be permitted subject to the following regulations: (A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use permit. (B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off-ƐƚƌĞĞƚƉĂƌŬŝŶŐĨĂĐŝůŝƚŝĞƐǁŝƚŚƌĞƐƉĞĐƚƚŽƉĂǀŝŶŐ͕ŐƌĂĚŝŶŐ͕ drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening. (C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between 5 and 8 feet in height. (3) CD-N Subdistrict In the CD-N subdistrict, all permitted office and commercial activities shall be conducted within a building, except for: (A) Incidental sales and display of plant materials and garden supplies occupying not more than 500 square feet of exterior sales and display area, and ;Ϳ&ĂƌŵĞƌƐΖŵĂƌŬĞƚƐƚŚĂƚŚĂǀĞŽďƚĂŝŶĞĚĐŽŶĚŝƚŝŽŶĂl use permits. [. . .] *NOT YET APPROVED* 14 0160034_20201203_ay_16 SECTION 7. ^ĞĐƚŝŽŶϭϴ͘ϯϬ;Ϳ͘ϬϰϬ;WĞƌŵŝƚƚĞĚhƐĞƐͿŽĨŚĂƉƚĞƌϭϴ͘ϯϬ;Ϳ;ZĞƚĂŝů^ŚŽƉƉŝŶŐ (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: Except to the extent a conditional use permit is required pursuant to Section 18.30(A).050, the following uses shall be permitted in an R district: ;ĂͿĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ͕ĞǆĐĞƉƚĚƌŝǀĞ-ŝŶĂŶĚƚĂŬĞ-out services. (b) Personal services, except the following on California Avenue: beauty shops; nail salons; barbershops; and laundry and cleaning services as defined in Section 18.04.030(114)(B). (c) Retail services. (d) All other uses permitted in the underlying commercial district, provided they are not located on a ground floor. SECTION 8. Section 18.30(A).05Ϭ;ŽŶĚŝƚŝŽŶĂůhƐĞƐͿŽĨŚĂƉƚĞƌϭϴ͘ϯϬ;Ϳ;ZĞƚĂŝů^ŚŽƉƉŝŶŐ (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: The following uses may be conditionally permitted in an R district, subject to the issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approval): (a) Financial services, except drive-in services, on a ground floor. (b) All other conditional uses allowed in the underlying commercial district provided they are not located on a ground floor. (c) Formula retail businesses on California Avenue. (d) Beauty shops, nail salons, and barbershops on California Avenue. SECTION 9. Section 18.30(C).020 (CŽŶĚŝƚŝŽŶĂůhƐĞƐͿŽĨŚĂƉƚĞƌϭϴ͘ϯϬ;Ϳ;'ƌŽƵŶĚ&ůŽŽƌ (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: (a) The following uses shall be permitted in the GF combining district, subject to restrictions in Section 18.40.160180: ;ϭͿĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐ͖ (2) Hotels; ;ϯͿWĞƌƐŽŶĂůƐĞƌǀŝĐĞƐ͕ĞǆĐĞƉƚĨŽƌƉĂƌĐĞůƐǁŝƚŚĨƌŽŶƚĂŐĞŽŶhŶŝǀĞƌƐŝƚǇ Avenue, where uses defined in Section 18.04.030(114)(B), (G), and (H) are not permitted; (4) Retail services; (5) Theaters; (6) Travel agencies; (7) Commercial Recreation up to 5,000 square feet in gross floor area, except for ƉĂƌĐĞůƐǁŝƚŚĨƌŽŶƚĂŐĞŽŶhŶŝǀĞƌƐŝƚǇǀĞŶƵĞ͖ (78) All other uses permitted in the underlying district, provided such uses are not on the ground floor. *NOT YET APPROVED* 15 0160034_20201203_ay_16 (b) Elimination or conversion of basement space currently in retail or retail-ůŝŬĞƵƐĞŽƌ related support purposes is prohibited. (c) Entrance, lobby, or reception areas serving non-ground floor uses may be located on the ground floor to the extent reasonably necessary, provided they do not interfere with the gound ground floor use(s), and subject to the approval of the Director. SECTION 10. Section 18.30(C)͘ϬϯϬ;ŽŶĚŝƚŝŽŶĂůhƐĞƐͿ of Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: (a) The following uses may be conditionally allowed on the ground floor in the GF ground floor combining district, subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals) and with the additional finding required by subsection (b), subject to restrictions in Section 18.40.160: (1) Business or trade school; (2) Commercial recreation over 5,000 square feet in gross floor area or with ĨƌŽŶƚĂŐĞŽŶhŶŝǀĞƌƐŝƚǇǀĞŶƵĞ; (3) Day care; (4) Financial services, except drive in services; (5) General business service; (6) All other uses conditionally permitted in the applicable underlying district, provided such uses are not on the ground floor. (b) The director may grant a conditional use permit under this section only if he or ƐŚĞŵĂŬĞƐƚŚĞĨŽůůŽǁŝŶŐĨŝŶĚŝŶŐƐŝŶĂĚĚŝƚŝŽŶƚŽƚŚĞĨŝŶĚŝŶŐƐƌĞƋƵŝƌĞĚďǇŚĂƉƚĞƌϭϴ͘ϳϲ;WĞƌŵŝƚƐ and Approvals): (1) The location, access or design of the ground floor space of the existing building housing the proposed use, creates exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district. (2) The proposed use will not be determined to the retail environment or the pedestrian-oriented design objectives of the GF combining district. (c) Any use conditionally permitted pursuant to this section shall be effective only during the existence of the building that created the exceptional circumstance upon which the finding set forth in subsection (b) was made. SECTION 11. 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 12. 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 *NOT YET APPROVED* 16 0160034_20201203_ay_16 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 13. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen. SECTION 14. This ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire upon the earlier of June 30, 2022 or adoption of replacement ůĞŐŝƐůĂƚŝŽŶďǇƚŚĞŝƚǇŽƵŶĐŝů͘hƉŽŶĞǆƉŝƌĂƚŝŽŶŽĨƚŚŝƐŽƌĚŝŶĂŶĐĞ͕ƚŚĞŝƚǇůĞƌŬƐŚĂůůĚŝƌĞĐƚƚŚĞ City’s codifier to update the Palo Alto Municipal Code as appropriate. /EdZKh͗ PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ ŝƚǇůĞƌŬ Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services TO: HONORABLE CITY COUNCIL FROM: JONATHAN LAIT, DIRECTOR DATE: JANUARY 19, 2021 SUBJECT: SECOND READING: Adoption of a Temporary Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Broaden Permissible Uses and Raise Thresholds for Conditional Use Permits for Some Land Uses Throughout the City. Environmental Review: California Environmental Quality Act (CEQA) Exemption 15061(b)(3) (FIRST READING: December 14, 2020 PASSED: 7-0) (Continued From January 11. 2021) On January 11th, the subject item was pulled from the consent calendar due to some outstanding questions concerning the temporary ordinance. Below are the questions and staff’s response. Question 1: Can "Medical research" under sub-section 95.1 and "Medical support service" under sub-section 95.3 be freestanding permissible uses or would they be required to be within a "Medical office" as defined in section 95? Response: No change is proposed to any medical definitions. The number has changed for administrative purposes. Medical research and medical support services are subsets of medical office and can be freestanding permissible uses. Question 2: If "medical research" and "medical support services" are allowed as freestanding uses under the amended language, how does this support retail protection as I understand is the spirit of this ordinance? Response: As noted above, medical research and medical support services are freestanding uses, but these uses are not permitted to replace any protected retail or retail-like land uses without first receiving a waiver to the retail preservation ordinance. Only the City Council can grant a retail waiver at a noticed public hearing. No changes are proposed in this ordinance that would diminish the requirements of the retail preservation ordinance. 7 2 of 2 Question 3: My understanding is this temporary ordinance ends on June 30, 2022, is there any limitation on the duration of occupancy for these uses? Response: There is no limitation on the duration of occupancy for any land uses associated with this temporary ordinance. Any land use legally established in accordance with the provisions of this ordinance may continue after the ordinance is repealed or expired. Question 4: Are there any limitations on these additional allowed uses that would prohibit the obscuring of windows? Response: The temporary ordinance does not change any existing regulations concerning window transparency requirements or any other design-related requirement. Question 5: Does this ordinance apply to the core retail areas of University Ave. and California Ave.? Response: The temporary ordinance applies to several commercial districts throughout the City, including University and California Avenues. However, these streets also have additional regulations concerning ground floor retail uses (GF and R Overlays). There are no changes to these existing requirements, except to allow beauty shops, nail salons, barbershops, laundromats along California Avenue without a conditional use permit. _______________________ _________________________ Jonathan Lait Ed Shikada Director of Planning & Development Services City Manager