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HomeMy WebLinkAbout2023-12-11 City Council Agenda PacketCITY COUNCIL Regular Meeting Monday, December 11, 2023 Council Chambers & Hybrid 5:30 PM Amended Agenda Amended agenda items in RED below Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org. VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)    Meeting ID: 362 027 238    Phone:1(669)900‐6833 PUBLIC COMMENTS Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received, the  Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. CALL TO ORDER AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (5:30 ‐ 5:45 PM) Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s). CONSENT CALENDAR (5:50 ‐ 5:55 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 1.Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added 2.Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities) 3.Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project. 4.Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt. 5.Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3). 6.SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no, Veenker recused and PASSED 6‐1, Kou no) CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM) BREAK (5‐10 MINUTES) ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10: 9:30 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 7.LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901‐ 2905 Middlefield Road and Establishing a Separate Planned Community Zoning Designation for 702 Ellsworth Place to Enable the Development of a new Single‐Story, Single‐Family Residence. CEQA Status ‐‐ Categorically Exempt Under CEQA Guidelines Sections 15061(b)(3), 15301, and 15303 (Continued from September 18 and November 6, 2023) Public Comment (Nov 6, 2023) 8.Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project. 9.Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024. 10.Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project Supplemental Memo Added ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda. 11.Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION Standing Committee Meetings this week     Policy & Services Committee December 12, 2023     Policy & Services Committee December 13, 2023     City Schools Liaison Committee December 14, 2023 Public Comment Letters Schedule of Meetings AMENDED AGENDA ITEMS 1.Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting 10.Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project 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. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  1 Regular Meeting December 11, 2023 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 11, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items in RED belowPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)   Meeting ID: 362 027 238    Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the  Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. CALL TO ORDER AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (5:30 ‐ 5:45 PM) Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s). CONSENT CALENDAR (5:50 ‐ 5:55 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 1.Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added 2.Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities) 3.Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project. 4.Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt. 5.Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3). 6.SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no, Veenker recused and PASSED 6‐1, Kou no) CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM) BREAK (5‐10 MINUTES) ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10: 9:30 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 7.LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901‐ 2905 Middlefield Road and Establishing a Separate Planned Community Zoning Designation for 702 Ellsworth Place to Enable the Development of a new Single‐Story, Single‐Family Residence. CEQA Status ‐‐ Categorically Exempt Under CEQA Guidelines Sections 15061(b)(3), 15301, and 15303 (Continued from September 18 and November 6, 2023) Public Comment (Nov 6, 2023) 8.Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project. 9.Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024. 10.Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project Supplemental Memo Added ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda. 11.Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION Standing Committee Meetings this week     Policy & Services Committee December 12, 2023     Policy & Services Committee December 13, 2023     City Schools Liaison Committee December 14, 2023 Public Comment Letters Schedule of Meetings AMENDED AGENDA ITEMS 1.Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting 10.Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project 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. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  2 Regular Meeting December 11, 2023 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 11, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items in RED belowPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)   Meeting ID: 362 027 238    Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the  Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:30 ‐ 5:45 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (5:50 ‐ 5:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.1.Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added2.Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation ProjectPhase 1: Approval of Construction Contract, Construction Management ContractAmendment, and Addendum 12 to the Mountain View, Los Altos, and Palo AltoAgreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section15301 (Repairs to Existing Facilities)3.Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum forHealth to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise theNot‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language,Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not aProject.4.Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application toChief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information forCommercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses andRegulations) of the Palo Alto Municipal Code to Comply With Updates to the Law,Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.5.Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director ofPlanning and Development Services to Extend Planning Entitlements for HousingDevelopment Projects up to an Additional 18 Months. Environmental Review: Exemptfrom CEQA in Accordance with CEQA Guidelines 15061(b)(3).6.SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no, Veenker recused and PASSED 6‐1, Kou no) CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM) BREAK (5‐10 MINUTES) ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10: 9:30 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 7.LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901‐ 2905 Middlefield Road and Establishing a Separate Planned Community Zoning Designation for 702 Ellsworth Place to Enable the Development of a new Single‐Story, Single‐Family Residence. CEQA Status ‐‐ Categorically Exempt Under CEQA Guidelines Sections 15061(b)(3), 15301, and 15303 (Continued from September 18 and November 6, 2023) Public Comment (Nov 6, 2023) 8.Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project. 9.Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024. 10.Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project Supplemental Memo Added ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda. 11.Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION Standing Committee Meetings this week     Policy & Services Committee December 12, 2023     Policy & Services Committee December 13, 2023     City Schools Liaison Committee December 14, 2023 Public Comment Letters Schedule of Meetings AMENDED AGENDA ITEMS 1.Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting 10.Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project 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. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  3 Regular Meeting December 11, 2023 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 11, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items in RED belowPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)   Meeting ID: 362 027 238    Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the  Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:30 ‐ 5:45 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (5:50 ‐ 5:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.1.Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added2.Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation ProjectPhase 1: Approval of Construction Contract, Construction Management ContractAmendment, and Addendum 12 to the Mountain View, Los Altos, and Palo AltoAgreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section15301 (Repairs to Existing Facilities)3.Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum forHealth to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise theNot‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language,Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not aProject.4.Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application toChief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information forCommercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses andRegulations) of the Palo Alto Municipal Code to Comply With Updates to the Law,Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.5.Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director ofPlanning and Development Services to Extend Planning Entitlements for HousingDevelopment Projects up to an Additional 18 Months. Environmental Review: Exemptfrom CEQA in Accordance with CEQA Guidelines 15061(b)(3).6.SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B ofthe Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2)Modifications to Base Zoning Districts Throughout Title 18. Adoption of a ResolutionMaking Corresponding Changes to the Land Use and Design Element of theComprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no,Veenker recused and PASSED 6‐1, Kou no)CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)BREAK (5‐10 MINUTES)ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10:9:30 ‐ 9:45 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.7.LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901‐2905 Middlefield Road and Establishing a Separate Planned Community ZoningDesignation for 702 Ellsworth Place to Enable the Development of a new Single‐Story,Single‐Family Residence. CEQA Status ‐‐ Categorically Exempt Under CEQA GuidelinesSections 15061(b)(3), 15301, and 15303 (Continued from September 18 and November 6,2023) Public Comment (Nov 6, 2023)8.Direction to Pursue Development of New Parking and Refined Proposals for Housing inthe University Avenue Downtown and Development Goals for Housing Investment. CEQAStatus – Not a Project.9.Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks andCouncil Events for the Calendar Year 2024.10.Approval of Amendments to the Employment Agreements between the City of Palo Altoand Council Appointed Officers, specifically the City Manager, and City Attorney andAdoption of Amended Resolution Amending Appointment Term for Interim City Clerkthrough March 31, 2024 and salary adjustment. CEQA Status ‐ Not aProject Supplemental Memo AddedADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.11.Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION Standing Committee Meetings this week     Policy & Services Committee December 12, 2023     Policy & Services Committee December 13, 2023     City Schools Liaison Committee December 14, 2023 Public Comment Letters Schedule of Meetings AMENDED AGENDA ITEMS 1.Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting 10.Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project 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. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  4 Regular Meeting December 11, 2023 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 11, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items in RED belowPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)   Meeting ID: 362 027 238    Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the  Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:30 ‐ 5:45 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (5:50 ‐ 5:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.1.Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added2.Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation ProjectPhase 1: Approval of Construction Contract, Construction Management ContractAmendment, and Addendum 12 to the Mountain View, Los Altos, and Palo AltoAgreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section15301 (Repairs to Existing Facilities)3.Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum forHealth to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise theNot‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language,Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not aProject.4.Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application toChief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information forCommercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses andRegulations) of the Palo Alto Municipal Code to Comply With Updates to the Law,Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.5.Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director ofPlanning and Development Services to Extend Planning Entitlements for HousingDevelopment Projects up to an Additional 18 Months. Environmental Review: Exemptfrom CEQA in Accordance with CEQA Guidelines 15061(b)(3).6.SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B ofthe Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2)Modifications to Base Zoning Districts Throughout Title 18. Adoption of a ResolutionMaking Corresponding Changes to the Land Use and Design Element of theComprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no,Veenker recused and PASSED 6‐1, Kou no)CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)BREAK (5‐10 MINUTES)ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10:9:30 ‐ 9:45 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.7.LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901‐2905 Middlefield Road and Establishing a Separate Planned Community ZoningDesignation for 702 Ellsworth Place to Enable the Development of a new Single‐Story,Single‐Family Residence. CEQA Status ‐‐ Categorically Exempt Under CEQA GuidelinesSections 15061(b)(3), 15301, and 15303 (Continued from September 18 and November 6,2023) Public Comment (Nov 6, 2023)8.Direction to Pursue Development of New Parking and Refined Proposals for Housing inthe University Avenue Downtown and Development Goals for Housing Investment. CEQAStatus – Not a Project.9.Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks andCouncil Events for the Calendar Year 2024.10.Approval of Amendments to the Employment Agreements between the City of Palo Altoand Council Appointed Officers, specifically the City Manager, and City Attorney andAdoption of Amended Resolution Amending Appointment Term for Interim City Clerkthrough March 31, 2024 and salary adjustment. CEQA Status ‐ Not aProject Supplemental Memo AddedADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.11.Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a ProjectOTHER INFORMATIONStanding Committee Meetings this week    Policy & Services Committee December 12, 2023    Policy & Services Committee December 13, 2023    City Schools Liaison Committee December 14, 2023Public Comment LettersSchedule of MeetingsAMENDED AGENDA ITEMS1.Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting10.Supplemental Memo ‐ Approval of Amendments to the Employment Agreementsbetween the City of Palo Alto and Council Appointed Officers, specifically the CityManager, and City Attorney and Adoption of Amended Resolution AmendingAppointment Term for Interim City Clerk through March 31, 2024 and salary adjustment.CEQA Status ‐ Not a Project 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. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  5 Regular Meeting December 11, 2023 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: December 11, 2023 Report #:2311-2290 TITLE Approval of Minutes from November 27, 2023 Meeting RECOMMENDATION That the minutes be reviewed and approved. ATTACHMENTS Attachment A: November 27, 2023 Draft Action Minutes APPROVED BY: Mahealani Ah Yun Item 1 Item 1 Staff Report        Item 1: Staff Report Pg. 1  Packet Pg. 6 of 368  CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting November 27, 2023 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: Absent: Special Orders of the Day 1. Presentation on 2023 Palo Alto Community Health Fair Gratitude & Better Health 2. Proclamation Honoring iSing’s Performance at the 2023 World Choir Games Closed Session 3. CONFERENCE WITH LABOR NEGOTIATORS Authority: Cal. Gov. Code section 54957.6; Agency representative: Jeremy Dennis, MRG; Unrepresented Employees: City Manager and City Attorney MOTION: Vice Mayor Stone moved, seconded by Mayor Kou to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:54 P.M. Council returned from Closed Session at 7:15 P.M. Mayor Kou announced no reportable action. Consent Calendar Mayor Kou registered a no vote on Agenda Item Number 14. Item 1 Attachment A - November 27, 2023 Draft Action Minutes        Item 1: Staff Report Pg. 2  Packet Pg. 7 of 368  DRAFT ACTION MINUTES Page 2 of 5 Sp. City Council Meeting Draft Action Minutes: 11/27/2023 Council Member Tanaka registered a no vote on Agenda Item Number 7, 8, 9, 13. Council Member Burt registered a no vote on Agenda Item Number 6. MOTION: Council Member Lythcott-Haims moved, seconded by Mayor Kou to approve Agenda Item Numbers 4-15. MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION PASSED ITEMS 4-5, 10-12, 15: 7-0 MOTION PASSED ITEM 6: 6-1, Burt no MOTION PASSED ITEMS 7, 8, 9, 13: 6-1, Tanaka no MOTION PASSED ITEM 14: 6-1, Kou no 4. Approval of Minutes from November 6, 2023 Meeting 5. Approval of Professional Services Contract Number C24185875 With Woodard & Curran in an Amount Not to Exceed $498,866 for the Sewer Master Plan Study Services for a Period of two Years 6. Adoption of a Resolution Approving a Consent and Direct Agreement With HA RNG 1 Lender LLC and Ameresco Half Moon Bay LLC Consenting to Ameresco Half Moon Bay LLC’s Assignment of its Rights in its 2005 Power Purchase Agreement With the City to HA RNG 1 Lender LLC , and Authorizing the City Manager or Designee to Execute any Documents Necessary to Administer Six Renewable Energy Power Purchase Agreements Approved From 2004-2010 in a Manner Consistent with the City Council‘s Prior Funding Authorization, the Palo Alto Municipal Code and City Council Approved Policies. CEQA Status – Not a Project under Public Resources Code 21065 7. Approval of Budget Amendments in the Residential Housing In-Lieu Fund and the General Fund to Reflect Prior City Council Funding Commitments for the Development of 525 East Charleston Road/Mitchell Park Place and Authorization of 525 East Charleston Road/Mitchell Park Place Loan Preparation and Execution 8. Approval of Amendment No. 5 to Contract No. C12142825 with NV5, Inc. to add $295,083, increasing the not-to-exceed amount to $2,176,406, for Right-of-Way Appraisal and Acquisition Support for the Newell Road/San Francisquito Creek Bridge Replacement Project, Capital Improvement Program Project PE-12011. CEQA: Environmental Impact Report for Newell Road/San Francisquito Creek Bridge (Resolution No.9889). Item 1 Attachment A - November 27, 2023 Draft Action Minutes        Item 1: Staff Report Pg. 3  Packet Pg. 8 of 368  DRAFT ACTION MINUTES Page 3 of 5 Sp. City Council Meeting Draft Action Minutes: 11/27/2023 9. Approval of a License Agreement with Equinix, LLC for a Three-Year Term in an Amount Not-to-Exceed $536,528, and Authorization of a Contingency Amount Not-To-Exceed $106,900 for Related, Additional but Unforeseen Services Which may Develop During the Project; CEQA Status - Not a Project 10. Approval of Amendment Number 2 of Six Development Services On-Call Consulting Contracts to Increase the Not-to-Exceed amount by $3.40 million for a Total Not to Exceed $9.75 Million Through December 2024 to Provide Expertise for Plan Review and Inspection Services With all Work Subject to Assigned Task Order and Availability of Funds; Environmental Assessment: Exempt in Accordance with CEQA Guidelines Section 15061(b)(3). 11. Approval of Two Sublease Agreements with Palo Alto Community Child Care and Kids Choice for an Initial 12-Month Term 12. Approval of Purchase Orders with WESCO (Representative of EATON/COOPER) and Anixter (Representative of S&C) to Purchase Dielectric Switches for Electric Grid Modernization in an Annual amount of $2,000,000 for Five Years for a Total-Not-to- Exceed Amount of $10,000,000 13. SECOND READING: Adoption of an Ordinance Amending the Stanford University Medical Center (SUMC) Development Agreement Adjusting the Timeline for Achieving the SUMC Alternative Mode Share Targets. Zoning District: HD (Hospital District). Environmental Review: Project is Consistent with the 2011 Certified Environmental Impact Report (EIR) for the SUMC Facilities Renewal and Replacement Project. (FIRST READING: October 23, 2023 PASSED 4-2-1, Lythcott-Haims and Tanaka No, Veenker Recused) 14. SECOND READING: Interim Ordinance Temporarily Continuing Expansion of Outdoor Dining Retail and Other Activities until December 31, 2024 (FIRST READING: November 7, 2023 PASSED 5-2, Kou, Veenker no) 15. SECOND READING: Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481 (FIRST READING: November 13, 2023 PASSED 7-0) Action Items 16. PUBLIC HEARING: Adoption of an Ordinance Amending the Palo Alto Municipal Code to Add Chapter 9.65 and Amend Chapter 9.72 to Establish a Mandatory Registry Program of Residential Rental Units in the City of Palo Alto; Provide Direction to Staff on the Rental Registry Program Implementation. CEQA Status – Exempt under CEQA Guidelines Section 15061(b)(3). MOTION: Vice Mayor Stone moved, seconded by Council Member Veenker to: Item 1 Attachment A - November 27, 2023 Draft Action Minutes        Item 1: Staff Report Pg. 4  Packet Pg. 9 of 368  DRAFT ACTION MINUTES Page 4 of 5 Sp. City Council Meeting Draft Action Minutes: 11/27/2023 1. Adopt an Ordinance (Attachment A) establishing a mandatory rental registry program that collects rental unit information for multifamily units and single-family rental units, enables cost recovery fees, and allows for enforcement. 2. Direct staff to commence with a phased implementation initially with multifamily housing (3-units and above), and return to Council to evaluate the potential expansion to all rental properties including single family homes at the end of year two. 3. Return to Council with a contract for professional services, authorization for one new full- time position in FY 2024-2025, and resolutions as detailed in the staff report. 4. Direct staff to survey existing enforcement mechanisms and Ghost House (extended vacancy) data collection in other jurisdictions and return to Council by end of calendar year 2024. 5. Amend Attachment A to include an event-based registration on unlawful detainers and rent increases. MOTION PASSED: 6-1, Tanaka no 17. Policy and Services Committee Recommendations for Changes to the City Council Procedures and Protocols Handbook based on Prior City Council Referrals Agenda Item 17 was deferred to a date to be determined. Adjournment: The meeting was adjourned at 10:57 P.M. Item 1 Attachment A - November 27, 2023 Draft Action Minutes        Item 1: Staff Report Pg. 5  Packet Pg. 10 of 368  DRAFT ACTION MINUTES Page 5 of 5 Sp. City Council Meeting Draft Action Minutes: 11/27/2023 ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Item 1 Attachment A - November 27, 2023 Draft Action Minutes        Item 1: Staff Report Pg. 6  Packet Pg. 11 of 368  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: December 11, 2023 Report #:2308-1879 TITLE Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities) RECOMMENDATION Staff recommends that Council: 1) Approve and authorize the City Manager or their designee to execute the contract with SAK Construction, LLC in the amount of $7,347,700 for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project, funded in Wastewater Treatment Enterprise Fund Capital Improvement Program, Project WQ-24000, at the Regional Water Quality Control Plant; 2) Authorize the City Manager or their designee to execute one or more change orders to the contract with SAK Construction, LLC for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $734,770 or 10% of the contract amount, for a total not-to-exceed amount of $8,082,470; 3) Approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. C21176592E with Tanner Pacific, Inc. to increase the contract amount by $852,499 to provide construction management and inspection services during construction of the Joint Intercepting Sewer Rehabilitation (Phase 1) Project (CIP WQ- 24000). The revised total contract amount is not to exceed $852,500 including $775,000 for basic services and $77,500 for additional services; and 4) Approve and authorize the City Manager or their designee to execute Addendum No. 12 to the basic agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos. EXECUTIVE SUMMARY The Joint Intercepting Sewer Rehabilitation (Phase 1) Project will install a structural liner onto the interior surfaces of severely corroded concrete pipe, measuring 2,364 linear feet in length and 72 inches in diameter, near the Regional Water Quality Control Plant. The new liner will extend the life of the sewer pipe and prevent a future collapse of the concrete pipe in the Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 1  Packet Pg. 12 of 368  absence of rehabilitation such as liner installation. Council approval is needed for a construction contract with a specialty contractor, a construction management contract amendment to oversee the contractor’s work, and an Addendum No. 12 to the Basic Agreement with Palo Alto, Mountain View, and Los Altos to repay costs for the construction work in Fiscal Year 2024 and 2025. BACKGROUND 1, which was accepted by the Council in July 20122. The need for rehabilitation was confirmed in 2020 via a condition assessment, which included closed circuit television (CCTV) inspection, sonar inspection, and visual inspections of the entire pipe length. Based on the findings, the downstream sections (approximately 2,364 feet) closest to the Plant exhibited the greatest deterioration. The lower section of pipeline has exposed and corroded structural rebar, spalling and cracked concrete, and noticeable offset and separation at some pipe joints and manholes. This Joint Intercepting Sewer Rehabilitation Phase 1 Project will rehabilitate the deteriorated 2,364-feet section of pipeline and manholes. A design contract was awarded to Jacobs Engineering Group, Inc. by Council on May 16, 20223. The design was completed in August 2023. 1 Long Range Facilities Plan for the Regional Water Quality Control Plant, 2012; https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/lrfp-final-report-08- 2012.pdf 2 City Council, July 2, 2012; Consent Item #1; SR #2914, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2012/id-2914.pdf 3 City Council, May 16, 2022; Consent Item #7; SR #14164, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/2022/id.-14164.pdf Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 2  Packet Pg. 13 of 368  Based on the 2020 sewer inspection, the upstream sections (approximately 6,600 feet to the metering station) show less severe deterioration and will be reassessed in the next five to ten years to establish the timing and need for the Phase 2 rehabilitation work. Attachment A is a figure showing the project phases. Table 1: Maximum Flow Capacity Allocation and Fixed Cost Share Item Mountain View Palo Alto Los Altos Los Altos Hills Total Maximum Allocated Flow Capacity (million gallons per day) 50.00 14.59 12.00 3.41 80.0 Allocated Share (percent)62.50%18.24%15.00%4.26%100% ANALYSIS Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 3  Packet Pg. 14 of 368  Byxbee Park. Temporary fencing will be set up along the boundary of the project site. Construction fences will have six to eight inches of openings at the bottom to allow wildlife to pass through the area. Screening will be attached to project fencing to reduce noise and light outside the construction area. An informational site map showing the URL to the project’s website and detour signs will be set up on trails at appropriate locations. Construction activities lasting up to five months will occur during daytime only and traffic will be limited to material and fuel deliveries. When construction vehicles travel outside of fenced work area, traffic control flaggers will walk ahead and behind each truck to ensure public safety. The contractor’s personnel will be onsite 24/7 to monitor the temporary bypass pumping system, which is expected to last two to four months. The temporary bypass pumps will be enclosed to comply with noise ordinances while pumps and piping will be sealed to contain odors. Illumination, as needed to meet OSHA safety requirements at the bypass pumps, will be soft lights with directional shields and with on/off switches. City staff will coordinate with other projects in the Baylands (e.g., the Horizontal Levee Project) to minimize schedule and parking impacts. Table 2: Summary of Invitation for Bids Project Bid Name/Number Joint Intercepting Sewer Rehabilitation (Phase 1) Project, IFB #189237 Proposed Length of Project 9 months after Notice to Proceed Total Days to Respond to Bid 49 Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 4  Packet Pg. 15 of 368  Table 2: Summary of Invitation for Bids Mandatory Pre-Bid Meeting Yes Number of Company Attended Pre-Bid Meeting 9 Number of Bids Received:3 Base Bid and Additive Alternate Price Range $7,347,700 to $11,051,740 Public Link to Solicitation https://procurement.opengov.com/portal/palo-alto- ca/projects/58535/document Staff has reviewed all bids submitted and recommends the bid of $7,347,700 submitted by SAK Construction, LLC be accepted and SAK Construction, LLC be declared the lowest responsible bidder. The base bid is 7.3% above the engineer's estimate of $6,850,287 and is within the expected level of estimating accuracy. A contingency amount of $734,770 (10% of the bid price) is requested for related, additional but unforeseen work that may develop during the project. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. It is recommended that Council approve and authorize the City Manager or their designee to execute the contract with SAK Construction, LLC4. Construction Management Contract Amendment The RWQCP capital program requires specialized consultant services to manage the construction and inspection of construction contract work. These services are an extension of staff and essential for providing quality assurance to ensure that: 1) the construction contractor is adhering to the project-specific specifications and contract requirements; and 2) the City is receiving the as-designed infrastructure in an efficient, timely, and coordinated manner. On June 21, 2021, Council approved five separate five-and-a-half-year contracts (Contract Nos. C21179265A through C21179265A E) with MNS Engineers, Inc.; CDM Smith; Carollo Engineers, Inc.; MCK Americas, Inc. and Tanner Pacific, Inc. for RWQCP On-Call Construction Management and Inspection Services with a total not-to-exceed amount of $1 for each contract5. On September 8, 2023, staff requested proposals from all five construction management consultants for Task 4 Services for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project. No proposals were received initially on October 6, 2023. To ensure timely construction completion, staff reached out to all five consultants to request a proposal by November 7, 2023. The five consultants are experiencing resource constraints due to multiple, ongoing, Bay 4 SAK Construction, LLC., Construction Contract for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project, C24189237; https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/water-quality-control-plant/files- for-staff-reports/joint-intercepting-sewer/c24189237_sak-construction-contract-for-sr1879.pdf 5 City Council, June 21, 2021; Agenda Item #21; SR #12324, https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12324.pdf Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 5  Packet Pg. 16 of 368  Area construction projects. Furthermore, specialty inspectors are limited for the key tasks of CIPP lining and fusion of high density polyethylene bypass piping. On November 7, 2023, staff received a proposal from Tanner Pacific, Inc. who previously provided construction management and inspection services to the City of Mountain View for their large diameter sewer pipe rehabilitation project, which utilized CIPP technology similar to this project. Mountain View staff provided positive feedback regarding Tanner Pacific’s construction management services in Mountain View. •agreement by all partners to construct the Phase 1 Project by rehabilitating the 72-inch- diameter Joint Intercepting Sewer from Manhole No. 4 to the Influent Junction Box JB-0; •the maximum amount of funding authorized by all partners for the construction of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, including design engineering, construction management, program management, and construction costs; and •agreement by all partners to provide for the sharing of costs associated with this project. Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 6  Packet Pg. 17 of 368  FISCAL/RESOURCE IMPACT Table 3: Cost Share Item Unit Mountain View Palo Alto Los Altos Los Altos Hills Total Trunk Line Cost Share %62.50%18.24%15.00%4.26%100% Table 4: Not-to-Exceed Construction Expense by Partner Agencies Partner Agency Cost Sharing Mountain View $5,159,619 Palo Alto $1,947,106 Los Altos $1,262,089 Los Altos Hills $338,516 East Palo Alto Sanitary District $104,904 Stanford University $122,736 Total Not-to-Exceed Construction Expense including 10% contingency $8,934,970 Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 7  Packet Pg. 18 of 368  STAKEHOLDER ENGAGEMENT This project is part of the RWQCP’s major capital improvement program funded by the City of Palo Alto and its five partner agencies who use the RWQCP for wastewater treatment. The five partner agencies are regularly updated on both the need for and the progress of wastewater treatment capital work. Updates are provided each year at an annual meeting and at other periodic meetings established to inform partner agency staff about the major capital improvement program. With respect to Palo Alto itself, the open meetings on the budget process serve as the main vehicle for engaging the community on both new projects such as this and associated rate impacts. Staff reached out to Mountain View, Los Altos, and Los Altos Hills staff to explain the project and cost allocation. Mountain View completed CIPP relining work on a 42-inch diameter sanitary sewer near Shoreline Park in March 2022. Given Mountain View’s experience, staff conducted outreach with Mountain View’s engineering and operational staff to understand key issues associated with CIPP installation in a public park. In addition, staff has coordinated with the Community Services Department and other Public Works Department staff to coordinate construction activities, bypass pumping, access, and trail detours in parkland and at the closed landfill. On February 28, 2023, staff presented the project to the City’s Parks and Recreation Commission6. Recommendations received from the commissioners were incorporated into the project’s contract documents. ENVIRONMENTAL REVIEW The construction of this project has been determined to be exempt from CEQA under CEQA Guidelines Section 15301, subsection (b) as it involves the repair and maintenance of an existing publicly-owned utility used to provide sewerage treatment services with no expansion on the existing facility. A Notice of Exemption was submitted to and recorded by the State Clearing House and Santa Clara County Clerk-Recorder’s Office on August 7, 2023 (File No. ENV24700). 6 Parks and Recreation Commission, February 28, 2023; Agenda Item #4; https://www.cityofpaloalto.org/Departments/Community-Services/Other-Services/Commissions/Parks-and- Recreation-Commission/PRC-Current-Year-Agendas-and-Minutes Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 8  Packet Pg. 19 of 368  ATTACHMENTS APPROVED BY: Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 9  Packet Pg. 20 of 368  Le g e n d ±Condition Assessment Figu r e E x p o r t e d : 7 / 2 9 / 2 0 2 0 B y : k b r a d l e y U s i n g : \ \ w o o d a r d c u r r a n . n e t \ s h a r e d \ P r o j e c t s \ R M C \ S J \ 0 3 8 - 0 1 4 P a l o A l t o R W Q C P P r o g r a m M a n a g e m e n t \ B . P r o g r a m M a n a g e m e n t \ 7 . O t h e r P r o j e c t s \ 7 2 I n c h C o n d A s s e m t \ C A \ M a p s \ P a l o A l t o _ 7 2 I n c h . m x d Project #: 0038014.01Map Created: July 2020 0 0.1 0.20.05 Miles Third Party GIS Disclaim er: This m ap is for reference and graphical purposes only and should not be relied upon by third parties for any legal decisions. Any reliance upon the m ap or data contained herein shall be at the users’ sole risk . Data Sources: !Manholes and Structures Future Phase 1 REGIONAL WATER QUALITY CONTROL PLANT REGIONAL WATER QUALITY CONTROL PLANT FLOWFLOW FIGURE 7: RECOMMENDED PROJECT PRIORITIZATION 21 Palo Alto Trunk Sewer Trunk Sewer Interceptor Attachment A: SITE MAP This Projec t Item 2 Attachment A - Site Map showing Project Phases        Item 2: Staff Report Pg. 10  Packet Pg. 21 of 368  ATTACHMENT B: BID SUMMARY $6,850,287 $7,347,700 $10,365,324 $11,051,740 LOWEST RESPONSIVE BID ENGINEER'S ESTIMATE Item 2 Attachment B - Bid Summary        Item 2: Staff Report Pg. 11  Packet Pg. 22 of 368  Page 1 of 27 Vers.: Aug. 5, 2019 AMENDMENT NO. 1 TO CONTRACT NO. C21179265E BETWEEN THE CITY OF PALO ALTO AND TANNER PACIFIC, INC. This Amendment No. 1 (this “Amendment”) to Contract No. C21179265E (the “Contract” as defined below) is entered into as of December 11, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TANNER PACIFIC, INC., a corporation, located at 274 Redwood Shores Parkway, Suite 607, Redwood City, CA 94065 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties to provide construction management and inspection services on an on-call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein. B. The Parties now wish to amend the Contract in order to add Task Order No. 1 services (referred to as Work Order No. 4) for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, and to increase compensation by Eight Hundred Fifty-Two Thousand Four Hundred Ninety-Nine Dollars ($852,499.00), from One Dollar ($1.00) to Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C21179265E between CONSULTANT and CITY, dated June 21, 2021. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project-specific Task Orders under the process described in Exhibit A. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 12  Packet Pg. 23 of 368  Page 2 of 27 Vers.: Aug. 5, 2019 expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under a Task Order not to exceed Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500) over the term of the Agreement. No pre-qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY. The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. A. The City has selected CONSULTANT to perform Work Order #4, for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, in the amount not to exceed Seven Hundred Seventy-Five Thousand Dollars ($775,000.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00). Optional Additional Services Provision (This provision applies only if checked and a not-to- exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to- exceed compensation amount of Seventy-Seven Thousand Five Hundred Dollars ($77,500.00) for the performance of Additional Services (as defined below). The total compensation for performance of the Basic Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Eighty Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00) as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in a Task Order issued under Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 13  Packet Pg. 24 of 368  Page 3 of 27 Vers.: Aug. 5, 2019 whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.” SECTION 3. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A-2” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 1” (ADDED). b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS) c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1,” (AMENDED, REPLACES PREVIOUS). d. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS). SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 14  Packet Pg. 25 of 368  Page 4 of 27 Vers.: Aug. 5, 2019 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO ______________________________ City Manager or Designee APPROVED AS TO FORM: ______________________________ City Attorney or Designee TANNER PACIFIC, INC. Officer 1 By:______________________________ Name:___________________________ Title:____________________________ Officer 2 By:______________________________ Name:___________________________ Attachments: Exhibit “A-2”: PROFESSIONAL SERVICES TASK ORDER NO. 1 Exhibit “B”: SCHEDULE OF PERFORMANCE Exhibit “C”: COMPENSATION Exhibit “C-1”: SCHEDULE OF RATES DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 President/CEO William Tanner Board Secretary Kathryn Tanner Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 15  Packet Pg. 26 of 368  Page 5 of 27 Vers.: Aug. 5, 2019 EXHIBIT “A-2” PROFESSIONAL SERVICES TASK ORDER NO. 1 CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C21179265E 1A. MASTER AGREEMENT NO.: C21179265E 1B. TASK ORDER NO 1: Work Order No. 4 for Construction Management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project 2. CONSULTANT NAME: Tanner, Pacific, Inc.. 3. PERIOD OF PERFORMANCE: START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: On or before December 31, 2024 4 TOTAL TASK ORDER NO. 1 PRICE: $775,000 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0 5. WBS/CIP: WQ-24000-080 6. CITY PROJECT MANAGER: Siew Ching Chin, Public Works Department, Environmental Services Division, RWQCP 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE:  Services and Deliverables to Be Provided  Schedule of Performance  Maximum Compensation Amount and Rate Schedule (As Applicable)  Reimbursable Expenses, If Any (With “Not to Exceed” Amount) 8. ATTACHMENTS: Task Order No. 1 Scope of Services, including Schedule of Performance and Compensation Schedule TASK ORDER NO.1 SCOPE OF SERVICES WORK ORDER NO. 4: CONSTRUCTION MANAGEMENT OF THE JOINT INTERCEPTING SEWER REHABILITATION PHASE 1 PROJECT Task 1: General Requirements/ Project Management 1. For any work which requires licensing, the CONSULTANT shall be appropriately licensed in accordance with the laws of the State of California. The cost for any required licenses or training shall be the responsibility of the CONSULTANT and shall not be expensed as part of this contract. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 16  Packet Pg. 27 of 368  Page 6 of 27 Vers.: Aug. 5, 2019 2. Special requirements: a. Project Manager shall have a minimum of 15 years of relevant construction management experience. b. Resident Engineer shall have a minimum of 5 years of construction management, cured-in-place pipe (CIPP), and confined space entry experience. c. Staff’s related construction experience (years and projects) shall include: i. Minimum 5 years of demonstrated experience in large diameter pipeline rehabilitation projects using CIPP lining, coordinating wastewater treatment facility process shutdowns, and overseeing high- volume bypass operations. NASSCO CIPP lining inspector certification is required. Municipal wastewater treatment operations experience is a bonus. ii. Minimum 5 years of demonstrated experience in inspection of concrete repairs, surface preparations and coating applications. iii. Minimum 5 years of demonstrated experience in inspection of high- density polyethylene (HDPE) pipe fusion and installation. d. During construction when there is a need to replace the proposed personnel, CONSULTANT shall submit the associated resume and minimum two references (names, agencies, email addresses, and phone numbers) for each of their proposed Project Manager, Resident Engineer, and specialty inspectors for HDPE pipe fusion and CIPP lining for City Project Manager’s review and approval. 3. CONSULTANT shall prepare and submit to the City a Project Management Plan to include schedule; budget; spending projection and staffing level for each month for the duration of the contract term; personnel roles and construction management procedures. CONSULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight to ensure that: a. the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. b. the construction project is progressing per construction contract’s requirements. 4. At the beginning of each month, CONSULTANT shall prepare and submit to the City Project Manager a monthly invoice package. The City prefers processing CONSULTANT pay requests that cover one calendar month. Invoices of two different fiscal years (e.g., June 2024 and July 2024) shall not be combined. Monthly invoice packages shall include the cost incurred during previous month including subconsultant cost and expenses, and a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 17  Packet Pg. 28 of 368  Page 7 of 27 Vers.: Aug. 5, 2019 schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY Project Manager as soon as the potential overrun is identified. Task 2: Preconstruction Phase 1. Administration a. CONSULTANT shall propose a project administration procedure, including an online document management/ tracking system, for CITY approval. The administration procedure will detail how the CONSULTANT will track, store, distribute, and manage digital and hardcopy correspondence and project documentation and strategy for managing project communications. b. CONSULTANT shall establish and maintain a health and safety plan specific for CONSULTANT’s staff and subconsultants. Include confined space training certificates, as applicable. Submit a copy for City’s record. During construction activities, CONSULTANT shall follow CONTRACTOR(S)’s health and safety plan(s), if it is more stringent. 2. Field Office Setup a. CONSULTANT shall organize the hardcopy and digital files for the project prior to commencement of construction and coordinate with the CITY and CONTRACTOR for office space set-up. b. CITY will designate a location for the office space and provide utility connection points. 3. Preconstruction Activities a. Site Walk Observations and Documentation i. CONSULTANT shall conduct preconstruction inspections, documenting conditions in a log and providing digital photographs and video(s). b. Preconstruction Submittals i. CONSULTANT shall develop a list of CONTRACTOR pre- construction submittals. ii. CONSULTANT shall review CONTRACTOR’s pre-construction submittals, schedule of values, request for substitution (if any), and preliminary schedule. Task 3: Construction Phase 1. Construction Administration a. Project Coordination i. CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The CONSULTANT shall coordinate construction activities with the DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 18  Packet Pg. 29 of 368  Page 8 of 27 Vers.: Aug. 5, 2019 CITY, ENGINEER, and CONTRACTOR. CONSULTANT’s responsibilities include conduct meetings with the ENGINEER to review progress, coordinate evaluations and identify information needs; disseminate information to the design team; manage the project budget; manage the project schedule; manage sub- consultants; manage QA / QC team; Coordinate communications with other ongoing projects’ construction managers to facilitate the construction of ongoing projects and continuous Plant operations. ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week. b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants. c. Construction Administration Services: CONSULTANT shall provide administrative and management services. The CONSULTANT shall receive all correspondence from the CONTRACTOR and address all inquiries from the CONTRACTOR and construction related correspondence. The ENGINEER will be responsible for providing design input. 2. Meetings: a. CONSULTANT shall prepare agenda for kick-off meeting, weekly progress meetings and other construction/technical meetings required during the term of the Project. CONSULTANT shall preside the meetings, address administrative and non-design issues, and prepare meeting minutes for distribution. CITY, ENGINEER and CONTRACTOR’s team will attend the meeting. The ENGINEER will address design issues. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule updates, risks as identified by risk register, percent of project complete, near-term milestones, etc.). b. Anticipated Meetings i. Construction kick-off meeting ii. Weekly progress meetings iii. As-needed technical meetings with CITY, ENGINEER, CONTRACTOR and manufacturer’s representative(s) to discuss manufacturers’ requirements and resolve equipment and/or installation issues. iv. Project punch list and close-out Meeting v. As-needed coordination meetings with other ongoing projects’ construction managers and the City (as part of a separate subtask) DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 19  Packet Pg. 30 of 368  Page 9 of 27 Vers.: Aug. 5, 2019 3. Submittals a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process. b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red- line drawings, from the CONTRACTOR and check the submittals for completeness and general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT shall reject and send the submittal back to the CONTRACTOR for correction prior to sending the submittal to the ENGINEER. c. Once deemed acceptable, CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow-up with the CONTRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and track the status of shop drawing resubmittals with the CONTRACTOR. e. CONSULTANT shall review the submittals for progress schedule, health and safety plan, temporary facilities, construction sequencing, conduit/pipe layout plan, manufacturer/ applicator/ installer’s certificates, and other non-technical submittals. f. CONSULTANT shall review temporary facilities submittals for operability as well as conflicts with other ongoing projects’ active and/or proposed construction. 4. Request for Information/Clarification Process a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications. b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR. ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications. c. CONSULTANT shall provide a response within 10 working days to the CONTRACTOR for any administrative, field condition specific and general RFI. d. ENGINEER shall prepare Design Clarifications where design issues are identified by the CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the ENGINEER’s Design Clarification and other clarifications. e. CONSULTANT shall work with the CITY Project Manager to maintain an Error DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 20  Packet Pg. 31 of 368  Page 10 of 27 Vers.: Aug. 5, 2019 and Omission Log to document change orders, RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction. CONSULTANT shall identify potential error & omission and notify ENGINEER to track their hours when responding to RFIs and/or preparing design change document. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR. 5. Change Order Preparation, Negotiation & Processing a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR). i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes. ii. CONSULTANT shall maintain Change Event files. These files shall compile all data related to specific items that arise that may have cost or time impacts or neither. b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents shall be returned to CONTRACTOR unapproved with an explanation. c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. Consultant shall calculate and determine a reasonable cost for each additive or deductive change order based on City’s guidelines set forth in the Construction Contract’s General Conditions. Inform City of all potential cost and schedule changes. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each change order request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs. e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR. i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact. ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details. iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 21  Packet Pg. 32 of 368  Page 11 of 27 Vers.: Aug. 5, 2019 documents as directed by the CITY. f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order in accordance with the City’s procedures. i. All work done under a field order shall be completed on a time and material basis. CONSULTANT shall track actual time and material expended for the field order work. Document all allowable costs (labor, equipment, material, etc.) daily. CONTRACTOR shall field- verify quantity and document CONTRACTOR’s extra work activities on an hourly basis, as applicable, so that change order requests can be verified accordingly. ii. Field orders shall be reviewed and approved with the CITY prior to issuance. 6. Documentation of Environmental Compliance a. CONSULTANT shall bring to the attention of the City’s environmental monitor and concerns with the compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits. Note that this project is CEQA exempt. 7. Progress Payment a. CONSULTANT shall review the initial schedule of values (cost breakdown) prepared by the CONTRACTOR. b. CONSULTANT shall review the final version of the Schedule of Values (SOV) with the CITY and receive confirmation that the SOV is acceptable to the CITY, prior to responding to the CONTRACTOR. c. CONSULTANT shall review CONTRACTOR’s progress payment requests and determine whether the amount requested reflects the actual status of the CONTRACTOR’s work in place, materials on site and other contract requirements. If the payment request is deemed acceptable, transmit the invoice to the CITY for payment within the time periods set forth in the Public Contract Code. d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY. e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office. 8. CONTRACTOR’s Certified Payroll a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 22  Packet Pg. 33 of 368  Page 12 of 27 Vers.: Aug. 5, 2019 payrolls from the CONTRACTOR. Apart from the regular, bi-weekly collection, the CONSULTANT shall obtain payroll records within 10 days of the CITY’s request. b. CONSULTANT shall only store these records on the project site. c. CONSULTANT is not responsible for reviewing these records for compliance at any time. d. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations. 9. Schedule a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide written comments to the CONTRACTOR. c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract time extension and/or monetary claim, and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request. CONSULTANT shall evaluate and negotiate schedule adjustments with the CONTRACTOR. 10. Field Quality Control (Inspection Services) a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents. i. CONSULTANT staff shall have sufficient training and experience regarding the specific construction activities being performed by CONTRACTOR. 1) CONSULTANT shall provide staffing at a level that match construction load and as required to observe CONTRACTOR’s activities. 2) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work and/or conduct specialty tests (see Special Inspections). b. Reporting i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and field problems. Field activities shall be logged hourly, if applicable. CONSULTANT shall collect CONTRACTOR daily reports on a weekly basis. Such information shall be accessible by the City. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 23  Packet Pg. 34 of 368  Page 13 of 27 Vers.: Aug. 5, 2019 ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project. iii. CONSULTANT shall monitor record documents (redline drawings) on a bi-weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the CONSULTANT’s information/observations. iv. CONSULTANT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues. This report shall also be part of CONSULTANT’s monthly progress payment report. c. Special Inspections i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing include, but are not limited to: 1) Soils testing for HazMat compliance 2) Soils compaction and relevant testing 3) Asphalt compaction and relevant testing 4) Concrete sampling and testing 5) Coating surface preparation (including cleaning) and application inspection 6) CIPP surface preparation (including cleaning), materials, and installation inspection 7) Special inspections as listed in the project specific design 8) drawings and specs. 9) HDPE pipe fusion inspection ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services. 11. System Outages a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least two weeks ahead of the actual outage/shutdown. c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER. i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, implementing the outage, and bringing services back online after the outage. 12. Means and Methods of Construction DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 24  Packet Pg. 35 of 368  Page 14 of 27 Vers.: Aug. 5, 2019 a. CONSULTANT shall not direct the means and methods of construction. CONTRACTOR shall be solely responsible for the means and methods of construction. In the event when the CONTRACTOR’s means and methods and/or work sequence are perceived to have negative impacts on the final work quality or may damage existing City’s property, the CONSULTANT shall communicate with the CONTRACTOR and inform the CITY and ENGINEER. 13. Construction Staging and laydown Area CONSULTANT shall periodically observe the construction staging and laydown areas to check if: a. Equipment and materials are being stored in accordance with the manufacturers’ procedure (e.g., protection from weathering elements). b. Exiting plant equipment (e.g., electrical switchgear) are being protected. c. Heavy loads are not concentrated at or adjacent to locations were underground utility (s) is present. d. CONTRACTOR is maintaining any necessary access. e. Site is cleaned up each day. f. Site is isolated and general public and wildlife are protected. 14. Safety a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub-consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions required by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions. 15. Corrective Work Item List a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER. b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC). a. CONSULTANT shall prepare the SCC for execution by the CITY and the DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 25  Packet Pg. 36 of 368  Page 15 of 27 Vers.: Aug. 5, 2019 CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction. Task 4: Project Closeout Phase 1. Punch List and Final Inspection a. Punch List i. CONSULTANT shall identify work with outstanding deficiencies and generate Punch List in Excel. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed. ii. CONSULTANT shall have primary responsibility for verifying that the Punch List work is complete. b. Final Inspection i. CONSULTANT shall have primary responsibility for conducting the final inspection. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed. 1) CITY will participate and provide input on the final inspection. 2) ENGINEER will provide design input on final inspection items if determined necessary by the CITY. 2. Warranty Coordination a. CONSULTANT shall maintain a warranty file in the online document tracking system. All warranty documentation shall be handed off to the CITY at conclusion of the contract. 3. Project Closeout a. CONTRACTOR shall furnish record documents, which the CONSULTANT shall review and transmit to ENGINEER for preparation of record drawings. b. CONSULTANT shall prepare necessary CITY documentation recommending acceptance of the completed work by the CITY. c. CONSULTANT shall turn over project documentation to the CITY in an orderly manner and in a timely manner after completion of the project and all punch list activities. The CONSULTANT shall retain all change event files at the end of the project. The CITY shall have the right to request review and/or copies of the change events files. d. CONSULTANT shall download all the files from the on-line document management system, save them on an external hard drive, and mail it to the City Project Manager for City’s record. Task 5: Allowance for Non-Regular Hour Work 1. CITY may set an allowance for inspection services during non-regular work hours such as night time and weekends. CONSULTANT shall estimate sufficient hours to cover all inspectional services. Authorization by City Project Manager is required prior to scheduling overtime work. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 26  Packet Pg. 37 of 368  Page 16 of 27 Vers.: Aug. 5, 2019 Work Order No. 4: Milestone Schedule of Performance TASK # MILESTONES COMPLETION FROM WORK ORDER #4 NOTICE 1 NO LATER THAN DATE Task 1 12/31/2024 Task 5 12/31/2024 Note 1. Assume NTP issuance on 1/8/2024 Work Order No. 4: Milestone Compensation Schedule TASK # MILESTONES Task 1 General Requirements/ Project Management $44,460 Task 2 Pre-Construction $85,510 Task 3 Construction Phase $494,410 Task 4 Project Closeout $35,250 Task 5 Allowance for Non-Regular Hour Work $103,270 Reimbursable Expenses $12,100 Additional Services (per Section 4) (Not to Exceed) $77,500 DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 27  Packet Pg. 38 of 368  Page 17 of 27 Vers.: Aug. 5, 2019 EXHIBIT “B” SCHEDULE OF PERFORMANCE Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. TASK ORDER #1/WORK ORDER #4 Tasks 1-4 of Work Order #4 will be completed within 51 Weeks from the Notice to Proceed for Work Order #4 or by December 31, 2024, as detailed in the Milestone Schedule of Performance attached to Work Order #4 (Amendment No.1). DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 28  Packet Pg. 39 of 368  Vers.: Aug. 5, 2019 Page 18 of 27 EXHIBIT “C” COMPENSATION CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: up to the not-to-exceed amount of $12,100. WORK ORDER #4 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #4, Not to Exceed: Total Basic Services and Reimbursable Expenses $775,000 Maximum Total Compensation $852,500 DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 29  Packet Pg. 40 of 368  Vers.: Aug. 5, 2019 Page 19 of 27 EXHIBIT “C-1” SCHEDULE OF RATES The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement and its Task Order(s), if any, is set forth below as Exhibit “C-1”, entitled “SCHEDULE OF RATES”. The fee schedules attached hereto in Exhibit C-1 shall apply during the first year of the term for Work Order #4. Thereafter, CONTRACTOR’s compensation rates shall be adjusted annually effective on the commencement of the second year, as follows: Each unit price, hourly rates, and fee, as set forth the attached fee schedule, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco- Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI), published most immediately preceding the commencement of the applicable contract year, compared with the CPI published for the prior year. Notwithstanding the foregoing, in no event shall CONSULTANT’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding contract year. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. CONSULTANT’s markup on work performed by any authorized subconsultant shall not exceed five percent (5%). CONSULTANT’s schedule of rates is as follows: Consultant Labor Categories Tanner Pacific, Inc. Subconsultant Labor Categories Bay Area Coating Consultants, Inc. Note: Inspector shall be scheduled 24-hour in advance. Charges are four hours minimum. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 30  Packet Pg. 41 of 368  Vers.: Aug. 5, 2019 Page 20 of 27 Subconsultant: Consolidated Engineering Laboratories Principal/Principal Engineer $ 266.00 hour Geotechnical Engineer $ 210.00 hour Senior Engineer $ 210.00 hour Metallurgical Engineer $ 210.00 hour Project Engineer/Geologist $ 175.00 hour Staff Engineer $ 180.00 hour Assistant Engineer $ 134.00 hour Field Supervisor $ 130.00 hour Lab Technician $ 95.00 hour ICC/AWS Inspector with NDT Equipment $ 115.00 hour ICC/AWS Inspector (Visual Only) $ 109.00 hour ICC Certified Inspector $ 109.00 hour Proofload Testing/Anchor Installation Inspector $ 109.00 hour Mechanical Inspector $ 129.00 hour Electrical Inspector $ 129.00 hour Plumbing Inspector $ 129.00 hour OSHPD IFC Premier Certified Firestop Inspector $ 115.00 hour DSA Masonry/Shotcrete Inspector $ 115.00 hour Waterproofing Technician $ 115.00 hour Soils Inspector with Nuclear Gauge (Portal-to-Portal Charges Apply) $ 109.00 hour Pachometer $ 181.00 hour In-Place Brick Shear Tests (Masonry) - Two-Person Crew (4-hour minimum) CORING SERVICES UNIT RATE UNIT DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 31  Packet Pg. 42 of 368  Vers.: Aug. 5, 2019 Page 21 of 27 CONCRETE UNIT RATE* UNIT SOIL MECHANICS UNIT RATE* UNIT Moisture/Density Curve Sieve Analysis Soil Mechanics DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 32  Packet Pg. 43 of 368  Vers.: Aug. 5, 2019 Page 22 of 27 AGGREGATES UNIT RATE* UNIT HOT MIX ASPHALT (HMA) UNIT RATE* UNIT DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 33  Packet Pg. 44 of 368  Vers.: Aug. 5, 2019 Page 23 of 27 ASPHALTIC CEMENT UNIT RATE* UNIT MASONRY UNIT RATE* UNIT Concrete Blocks Bricks Grout DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 34  Packet Pg. 45 of 368  Vers.: Aug. 5, 2019 Page 24 of 27 REINFORCING STEEL - ASTM A 615/A706 UNIT RATE* UNIT PRESTRESSING STEEL - ASTM A 416 UNIT RATE* UNIT Vinyl Coated Strands, add $ 45.00 per test; for Modulus of STRUCTURAL STEEL (mild steel not over one inch thick) UNIT RATE* UNIT WELDMENT TESTING (mild steel not over one inch thick) UNIT RATE* UNIT NONDESTRUCTIVE TESTING UNIT RATE UNIT Radiography DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 35  Packet Pg. 46 of 368  Vers.: Aug. 5, 2019 Page 25 of 27 ROOFING UNIT RATE* UNIT FIREPROOFING UNIT RATE* UNIT FIRE/LIFE SAFETY SYSTEMS UNIT RATE* UNIT GEOTEXTILE FABRIC UNIT RATE* UNIT CEMENT UNIT RATE* UNIT GFRC PANEL TEST UNIT RATE* UNIT SPECIALTY GEOTECHNICAL TESTING UNIT RATE UNIT DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 36  Packet Pg. 47 of 368  Vers.: Aug. 5, 2019 Page 26 of 27 MISCELLANEOUS GEOTECHNICAL CHARGES UNIT RATE UNIT backhoe services, special equipment rental, commercial travel, MISCELLANEOUS TESTS & INSPECTIONS UNIT RATE UNIT BASIS OF CHARGES UNIT RATE UNIT DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 37  Packet Pg. 48 of 368  Vers.: Aug. 5, 2019 Page 27 of 27 Note: * Based on standard turnaround times. Rush tests are an additional 50%. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2 Attachment C - Amendment No.1 Contract with Tanner Pacific, Inc.; C21179265E        Item 2: Staff Report Pg. 38  Packet Pg. 49 of 368  2 4 2 1 ADDENDUM NO. TWELVE TO THE BASIC AGREEMENT BETWEEN THE CITY OF PALO ALTO, THE CITY OF MOUNTAIN VIEW, AND THE CITY OF LOS ALTOS FOR THE ACQUISITION, CONSTRUCTION AND MAINTENANCE OF A JOINT SEWER SYSTEM This Addendum No. Twelve (12) to the Basic Agreement for the Acquisition, Construction and Maintenance of a Joint Sewer System is made and entered into on TBD, 2023, by and among the CITY OF PALO ALTO (“Palo Alto”), the CITY OF MOUNTAIN VIEW (“Mountain View”), and the CITY OF LOS ALTOS (“Los Altos”) (individually, a “Party”, collectively, the “Parties”), all municipal corporations under the laws of the State of California. A. The Parties have entered into that certain Basic Agreement Between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System, executed on October 10, 1968, as amended by the Addenda described below (collectively, the “Basic Agreement”). The Basic Agreement has been amended eleven times by addenda, as follows: 1. Addendum No. One (1) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of December 5, 1977; 2. Addendum No. Two (2) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of January 14, 1980; 3. Addendum No. Three (3) to an Agreement By and Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of April 9, 1985; 4. Addendum No. Four (4) to the Agreement By and Between the Cities of Mountain View, Los Altos, and Palo Alto as further amended and dated May 30, 1991; 5. Addendum No. Five (5) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of July 31, 1992; 6. Addendum No. Six (6) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of March 16, 1998; 7. Addendum No. Seven (7) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of April 15, 2009; 8. Addendum No. Eight (8) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System dated as of October 17, 2016; 9. Addendum No. Nine (9) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated March 4, 2019; Item 2 Attachment D - Addendum No.12 to Agreement between PA, MV, LA        Item 2: Staff Report Pg. 39  Packet Pg. 50 of 368  2 4 2 1 10. Addendum No. Ten (10) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated May 17, 2021; 11. Addendum No. Eleven (11) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated December 5, 2022 (collectively, the “Addenda”). B. Palo Alto owns and operates the sanitary sewage treatment and disposal works and system (the “Joint System”) pursuant to the Basic Agreement and is responsible for making capital additions to the Joint System. Under the Basic Agreement, any major capital additions for the replacement of obsolete or worn-out units require an agreement by the Parties amending the Basic Agreement. C. The Parties now desire to construct the Joint Interceptor Sewer Rehabilitation Phase 1 Project and agree upon their respective shares of the project costs, as defined herein. D. The project will install new liner on the joint sewer, improving its useful life and restoring its integrity, to ensure the Plant continues to safely convey raw sewage to the treatment plant. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Addendum No. Twelve (12), the Basic Agreement is hereby amended, as follows: Section 1. Paragraph 43 is hereby added to the Basic Agreement to read, as follows: “43.CONSTRUCTION AND IMPLEMENTATION OF THE 2023 JOINT INTERCEPTOR SEWER REHABILITATION PHASE 1 PROJECT. Palo Alto and Mountain View and Los Altos hereby approve the construction of joint interceptor sewer rehabilitation – Phase 1 Project, or “Project”, which rehabilitates the lower section of the existing joint interceptor sewer, approximately 2,364 linear feet, from Manhole No. 4 to Influent Junction Box No. 0. The Project includes the cleaning of the pipeline, installation of new liner in the pipeline, and recoating manholes and junction boxes. The installation of liner in the pipeline will decrease the pipeline diameter, however, the new liner provides a smoother surface profile for a slightly higher capacity. Flow capacity of the lined pipeline from Manhole No. 4 to the Influent Junction Box No. 0 is unchanged and will remain as listed at the peak wet weather capacity of 80 million gallons per day. The term “Project Costs”, as used in this Paragraph means all costs incurred in the design and construction of the 2023 Joint Interceptor Sewer Rehabilitation – Phase 1 Project. Without limiting the generality of the foregoing, Project Costs shall include, but not be limited to: design, engineering, and other consultants’ fees and costs, including fees incurred pursuant to agreements with engineers, contractors and other consulting, design Item 2 Attachment D - Addendum No.12 to Agreement between PA, MV, LA        Item 2: Staff Report Pg. 40  Packet Pg. 51 of 368  2 4 2 1 and construction professionals; environmental analysis and approval costs, including cost of compliance with the California Environmental Quality Act; deposits, applicable permit fees; all costs to apply for and secure necessary permits from all required regional, state, and federal agencies; plan check fees, and inspection fees; construction costs; attorneys’ fees and costs; and costs of insurance. The maximum amount of the Project Costs is $8.9 million. The Parties shall remain responsible for Project Costs incurred, whether before or after completion of the Project, in connection with the performance of the Project planning/design/construction contract(s), in the same proportion to each organization’s share. Each Party shall pay its share, as listed below, of the Project Costs for the Project, excluding bypass pumping costs inside the Plant, in the proportion to the capacity rights in the Joint System presented herein with a not-to-exceed amount of $7,037,975. •Mountain View 62.50% •Palo Alto 18.24% •Los Altos 15.00% •Los Altos Hills 4.26% Each Party shall pay its share of the Project Costs for bypass pumping inside the Plant, and the share will be based on using the annual flow share calculated at the end of each fiscal year. Mountain View and Los Altos shall pay their respective shares of any Project Costs within thirty (30) business days of receipt of the quarterly billing statement sent by Palo Alto. Palo Alto shall not send more than one invoice in any thirty-day period. If a Party disputes the correctness of an invoice, it shall pay the invoice in full and the dispute shall be resolved after payment in accordance with Section 19 of the Basic Agreement, and shall not offset against any payment due. Section 2. Except as modified herein, the Basic Agreement shall remain unchanged, and is hereby ratified and confirmed. [SIGNATURE PAGE FOLLOWS] Item 2 Attachment D - Addendum No.12 to Agreement between PA, MV, LA        Item 2: Staff Report Pg. 41  Packet Pg. 52 of 368  2 4 2 1 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Addendum as of the date first written above. Item 2 Attachment D - Addendum No.12 to Agreement between PA, MV, LA        Item 2: Staff Report Pg. 42  Packet Pg. 53 of 368  2 4 2 1 // // CITY OF LOS ALTOS BY: ____________________________ City Manager Gabriel Engeland ____________________________ Date ATTEST: __________________________ City Clerk Melissa Thurman, MMC ____________________________ Date APPROVED AS TO FORM: ____________________________ City Attorney Jolie Houston ____________________________ Date Item 2 Attachment D - Addendum No.12 to Agreement between PA, MV, LA        Item 2: Staff Report Pg. 43  Packet Pg. 54 of 368  ATTACHMENT E $8,082,470 $1,716,000 $852,500 $180,995 Agency Fixed Cost Share %Fixed Cost City of Mountain View 62.50%$4,398,734 City of Palo Alto 18.24%$1,283,727 City of Los Altos 15.00%$1,055,696 Town of Los Altos Hills 4.26%$299,818 Subtotal: 100.00%$7,037,975 Agency Estimated Cost Share %*Estimated Cost City of Mountain View 40.11%$760,885 City of Palo Alto 34.97%$663,379 City of Los Altos 10.88%$206,393 Town of Los Altos Hills 2.04%$38,699 East Palo Alto Sanitary District 5.53%$104,904 Stanford University 6.47%$122,736 Subtotal: 100.00%$1,896,995 Agency Estimated Total Cost City of Mountain View $5,159,619 City of Palo Alto $1,947,106 City of Los Altos $1,262,089 Town of Los Altos Hills $338,516 East Palo Alto Sanitary District $104,904 Stanford University $122,736 Total, Not‐to‐Exceed:$8,934,970 * Estimate only (actual cost share will be determined after project completion based on wastewater flows and strength contributed by each partner for 2024). Table E‐3. Not‐to‐Exceed Cost for Partners (Sum of Table E‐1 and E‐2) Table E‐1. Construction and Construction Management Cost (Less Bypass Pumping inside the Plant) Table E‐2. Construction and Construction Management Cost for Bypass Pumping inside the Plant Total construction cost, including additive alternates and 10% contingency  (based on the lowest responsive bid price of $7,347,700 as shown in the  proposed construction Contract No. C24189237). Inside the plant bypass cost including 10% contingency (based on Bid Item No. 6  in the Bid Table submitted by the lowest responsive bid). Cost split between all  partners is based on percentages shown in Table E‐2 below. Total construction management (CM) cost with 10% contingency (based on  Tanner Pacific's fee schedule of $775,000 [not‐to‐exceed value] in Amendment  No.1 to Contract No. 21179265E) CM cost for inside plant bypass pumping  (cost split between all partners based  on percentages shown in Table E‐2 below) Item 2 Attachment E - Partner Agencies Cost Share Summary        Item 2: Staff Report Pg. 44  Packet Pg. 55 of 368  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: City Manager Meeting Date: December 11, 2023 Report #:2310-2162 TITLE Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not-to- Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project. RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Amendment Number 1 to Contract C23187506 with Momentum for Health to extend term by eight (8) months through September 30, 2024, revise the not to exceed amount by lowering $1,931,706 and compensation language to match grant terminology, provide for quarterly invoicing and revise the schedule of rates (Attachment A). BACKGROUND In the wake of national conversation on policing, the City launched its Race and Equity framework which included many action items related to citywide diversity, equity, and inclusion as well as specific changes within the Police Department, as summarized in the April 3, 20231 Council report. While setting up its Psychiatric Emergency Response Team (PERT) program in 2020, the City Council expressed a desire to see additional investments in alternative response programs to divert lower acuity calls from law enforcement to mental health professionals or those with lived experience.2 A program in Oregon, known as CAHOOTS (Crisis Assistance 1 April 3, 2023, Council Consent Report. https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=1852&meetingTemplateType=2 2 Council Minutes October 26, 2020, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2020/october-26-2020-city-council-meeting-sense- minutes.pdf; Council Action Minutes November 16, 2020, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2020/november-16-2020-city-council-meeting-action-minutes.pdf Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 1  Packet Pg. 56 of 368  Helping Out on the Streets)3, was generally seen as the best practice model for this work. Staff researched options related to alternative response programs for Palo Alto. 4 The City then applied to the related Notice of Funding Opportunity from the Substance Abuse and Mental Health Services Administration (SAMHSA) when it became available and received notice of award, totaling $2 million, in September 2022. 5 and consists of a call center team and three location-based, onsite field teams. 6 The pilot program provides outreach and engages with the community to inform and educate about the new alternative response services, provides needed ongoing support to individuals in crisis, and trains individuals in mental health first aid to make referrals to behavioral health services and alternative response program/community mobile response. Ongoing support activities will include necessary follow-up after initial interactions, case management, and assistance in system navigation. ANALYSIS 3 https://www.eugene-or.gov/4508/CAHOOTS 4 July 16, 2021, U.S. Rep. Eshoo, press release. https://eshoo.house.gov/media/press-releases/rep-eshoo-secures- funding-local-projects-expand-education-mitigate-traffic- and?utm_source=Coronavirus+Updates&utm_campaign=bf8b72539a- EMAIL_CAMPAIGN_2021_07_22_11_39&utm_medium=email&utm_term=0_d8eda03e5f-bf8b72539a- ; August 8, 2021, Council Info Report. https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2021/id-13474.pdf 5 The contract duration is four years but is authorized for one annual renewal. 6 April 3, 2023, Council Consent Report. https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=1852&meetingTemplateType=2 Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 2  Packet Pg. 57 of 368  increased time and opportunities for outreach encounters and education, case management, and mental health first aid trainings. 7 The original eight promotores proposed was ambitious and is being adjusted to six, particularly given the nationwide hiring challenges for mental health personnel. Staff believes these changes can be absorbed while still ensuring this work is within budget and meets the earmark goals and objectives. Additionally, when a program manager left Momentum, a program director stepped in and took up that work to ensure no gaps in service delivery. To account for this type of situation, the program director position has also been added to the schedule of rates. FISCAL/RESOURCE IMPACT 7 Per SAMHSA, any changes less than 25 percent of the authorized funded amount do not require prior approval. Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 3  Packet Pg. 58 of 368  the City Manager and represents approximately 0.10 full time equivalent (FTE) level of effort. This does not change with this contract amendment. STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 4  Packet Pg. 59 of 368  Vers.: Aug. 5, 2019 Page 1 of 5 AMENDMENT NO. 1 TO CONTRACT NO. C23187506 BETWEEN THE CITY OF PALO ALTO AND MOMENTUM FOR HEALTH This Amendment No. 1 (this “Amendment”) to Contract No. C23187506 (the “Contract” as defined below) is entered into as of December 11, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MOMENTUM FOR HEALTH, a California non-profit, located at 1922 The Alameda, San José, CA 95126. (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties to provide outreach and engage with the community to inform and educate residents about new alternative response services (Community Mobile Response Call Center and Onsite Field Teams) and provide case management to clients of those services in the Cities of Palo Alto, Mountain View, and Los Altos, the “Project”, as detailed therein. B. The Parties now wish to amend the Contract in order to extend the term for eight months through September 30, 2024, at no additional cost to the City, to provide for quarterly invoicing, and to lower the not-to-exceed amount to $1,931,706 to comport with grant funding, as detailed herein. C. The Parties now wish to amend the Contract in order to improve detail and clarity in Exhibit C and increase the schedule of rates as detailed in Exhibit C-1. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C23187506 between CONSULTANT and CITY, dated April 3, 2023. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. “TERM” of the Contract is hereby amended to read as follows: “The term of this Agreement shall be from the date of its full execution through September 30, 2024, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.” SECTION 3. Section 4. “NOT TO EXCEED COMPENSATION” of the contract is hereby DocuSign Envelope ID: 92BC4C1A-6302-4741-86F4-155DBCAC9371 Item 3 Attachment A - Amendment No. 1 to Contract C23187506        Item 3: Staff Report Pg. 5  Packet Pg. 60 of 368  Vers.: Aug. 5, 2019 Page 2 of 5 amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Million, Nine Hundred Thirty-One Thousand, Seven Hundred and Six Dollars ($1,931,706). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.” SECTION 4. Section 5. “INVOICES” of the Contract is hereby amended to read as follows: “In order to request payment, CONSULTANT shall submit quarterly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.” SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: 92BC4C1A-6302-4741-86F4-155DBCAC9371 Item 3 Attachment A - Amendment No. 1 to Contract C23187506        Item 3: Staff Report Pg. 6  Packet Pg. 61 of 368  Vers.: Aug. 5, 2019 Page 3 of 5 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee MOMENTUM FOR HEALTH Officer 1 By: Name: Title: Officer 2 By: Name: Title: Attachments: EXHIBIT C, COMPENSATION, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) EXHIBIT C-1 SCHEDULE OF RATES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) DocuSign Envelope ID: 92BC4C1A-6302-4741-86F4-155DBCAC9371 President and CEO David K Mineta Theresa A Matacia CFO Item 3 Attachment A - Amendment No. 1 to Contract C23187506        Item 3: Staff Report Pg. 7  Packet Pg. 62 of 368  Vers.: Aug. 5, 2019 Page 4 of 5 EXHIBIT C COMPENSATION, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. Where there is a question as to reimbursable expenses not otherwise addressed within this contract, the SAMHSA guidelines and regulations will govern. All reimbursable expenses shall be consistent with SAMHSA guidelines, the City’s grant from SAMHSA Application/Award Number H79FG000738 and accompanying SAMHSA Detailed Budget and Narrative Justification. In accordance with the SAMHSA award listed above, the expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: • Contractual travel costs (local travel/mileage), • Contractual supplies costs (laptops, monitors, docking stations, mice and keyboards, cellphones, software licenses for Zoom and 8x8, copier rental and training materials), • Contractual other costs (office space rental, mental health first aid [MHFA] certification training, contract MHFA instructors), and • Contractual indirect charges (costs incurred for common or joint objectives which cannot be readily identified with an individual project or program but are necessary for the operations of the organization) calculated at a rate of 15 percent. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. DocuSign Envelope ID: 92BC4C1A-6302-4741-86F4-155DBCAC9371 Item 3 Attachment A - Amendment No. 1 to Contract C23187506        Item 3: Staff Report Pg. 8  Packet Pg. 63 of 368  Vers.: Aug. 5, 2019 Page 5 of 5 EXHIBIT C-1 SCHEDULE OF RATES,AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) CONSULTANT’s schedule of rates is as follows: Position Rate Effective April 3, 2023 Effective June 12, 2023 Effective October 30, Benefits Rate Promotore/as $26.72 $32.00 $33.21 25% In addition to the above rates, the CONSULTANT shall also be compensated for fringe benefits (i.e., medical, health, dental, and other) at a rate of 25 percent and, when applicable, bilingual pay differential up to $125 per pay period. DocuSign Envelope ID: 92BC4C1A-6302-4741-86F4-155DBCAC9371 Item 3 Attachment A - Amendment No. 1 to Contract C23187506        Item 3: Staff Report Pg. 9  Packet Pg. 64 of 368  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Police Meeting Date: December 11, 2023 Report #:2308-1963 TITLE Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt. RECOMMENDATION Staff recommends that the City Council approve the attached Ordinance amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) to comply with various updates to state and federal laws. The ordinance will implement a sidewalk vending program, eliminate licenses for solicitors and peddlers, and amend outdated laws related secondhand dealers. EXECUTIVE SUMMARY This ordinance will bring the City into compliance with the Safe Sidewalk Vending Act, Senate Bill (SB) 946, which provides specific provisions for how local governments may regulate sidewalk vendors, and it is intended that local governments will adopt local rules that meet those provisions. Staff recommends regulation around the definition, location and operations of sidewalk vendors for community health, safety, and welfare. The absence of an updated code that meets the provisions of SB 946 currently prohibits the City from enforcing certain behaviors that impact these conditions. Should City Council adopt this ordinance, staff recommends an education-before-enforcement approach and anticipates that will resolve most, if not all, compliance issues. The Police Department would be responsible for education and enforcement. In addition, this ordinance will also update other aspects of Title 4 (Business Licenses and Regulations) in order to comply with changes to the law and practices in the past several years. Licenses will no longer be required for solicitors and peddlers, as well as certain types of Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 1  Packet Pg. 65 of 368  mechanical amusements. Local law on secondhand dealers will now reference state law, which has largely taken over regulation of such businesses. BACKGROUND et seq. 1 ANALYSIS 1 SB-946 Sidewalk vendors 08/21/18- Senate Floor Analyses https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml# Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 2  Packet Pg. 66 of 368  Department could issue an administrative citation as a last resort. Police Department response to these calls would be on a complaint basis only. •Restrict the location of sidewalk vendors from being within 100 feet of: ▪Community markets such as swap meets and certified farmer’s markets ▪Locations with a temporary special event permit ▪Schools during instructional time ▪City-owned parks with concession contracts •Restrict placement of operations where it would: ▪Impeded normal City business such as inspections ▪Block loading zones ▪Impede pedestrian access from curbside vehicles ▪Impeded ADA assistance features ▪Block access to crosswalks ▪Impede access to or the public’s enjoyment of City parks 2 POLICY IMPACT 2 See Parks and Recreation Commission packet https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9916&compileOutputType= 1 Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 3  Packet Pg. 67 of 368  FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT 3. On September 28, 2021, the Commission approved the proposed regulations and recommended the City Manager approve the updated Open Space and Park Regulations to add new Regulation R1-41 (“Sidewalk Vendors”) (Attachment B) upon the City Council’s adoption of a sidewalk vendor ordinance.4 3 Parks and Recreation Commission, May 25, 2021, Item #4 https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9944&compileOutputType= 1 4 Parks and Recreation Commission, September 28, 2021, Item #5 https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9916&compileOutputType= 1 Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 4  Packet Pg. 68 of 368  ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 5  Packet Pg. 69 of 368  *NOT YET APPROVED* 1 101_20231128_ts_24 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes), and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Regulate Sidewalk Vendors, Remove License Requirements for Solicitors and Peddlers, and Update Requirements for Secondhand Dealers 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 currently regulates various types of mobile and stationary vendors in Chapter 4.10 (Licenses Obtained by Application to Chief of Police), including solicitors, peddlers, and pushcart vendors; B. In 2018, the State of California enacted SB 946, which regulates sidewalk vendors under state law (See Gov. Code section 51036 et seq.); C. SB 946 permits local authorities, including charter cities like the City of Palo Alto, to regulate specific aspects of sidewalk vendors in accordance with the provisions of SB 946 (See Gov. Code section 51038(a)); D. SB 946 requires the City to allow sidewalk vendors to vend in City owned or operated parks unless the City has an exclusive concession agreement in that park (See Gov. Code section 51038(b)(2)); E. In order to protect the health, safety, and welfare of the City, the Council intends to regulate sidewalk vendors as detailed in this Ordinance. F. In order to protect the health, safety, and welfare of the City, the Council intends to limit the operation of sidewalk vendors near schools during instructional hours to prevent distraction or interference with school instruction. G. In addition, in order to comply with various other updates to the law, the City now intends to amend its requirements for solicitors, peddlers, and secondhand dealers. SECTION 2. Chapter 4.10 (Licenses Obtained by Application to the Chief of Police) of Title 4 (Business Licenses and Regulations) is hereby amended as follows (additions are underlined, deletions are in strikethrough): Chapter 4.10 Licenses Obtained by Application to Chief of Police Solicitors, Peddlers, Pawnbrokers, Secondhand Dealers, and Other Businesses Regulated by Police 4.10.010 Application to chief of police. (a) Applications for licenses for businesses described in this chapter shall be made to the chief of police and shall be sworn and in writing and shall contain be on a form designated by the Police Department. the following information: (1) Name and description of the applicant; Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 6  Packet Pg. 70 of 368  *NOT YET APPROVED* 2 101_20231128_ts_24 (2) Address (legal and local); (3) A brief description of the nature of the business and the goods to be sold, and, in case of products of farm or orchard, whether produced or grown by the applicant; (4) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (5) The length of time for which the right to do business is desired; (6) If a vehicle is to be used, a description of the same, together with California state vehicle license number or other means of identification; (7) Applicants for solicitors' and peddlers' permits shall be fingerprinted and shall supply the chief of police with two photographs of the applicant within sixty days prior to the date of the filing of the applications, which pictures shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; (8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; (9) Such other information as the chief of police may deem necessary for the proper police protection of the city. 4.10.020 Solicitor defined. A "solicitor" is any person, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever, for future delivery, or for services, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not. 4.10.025 Peddler defined. A "peddler" is a person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" includes the words "hawker" and "huckster." 4.10.030 Pushcart defined. Reserved. A "pushcart" is a wagon, cart or mobile stand, entitled under this chapter to a stationary location on a public sidewalk, and intended for the sale of flowers or food. 4.10.035 Pushcart vendor defined. Reserved. A "pushcart vendor" is a person licensed pursuant to this chapter, who offers food intended for immediate consumption or flowers for sale from a wagon, cart or mobile stand from a stationary location on a public sidewalk. 4.10.040 License fees for solicitors and peddlers. Reserved. A daily, quarterly, or annual fee for soliciting or peddling shall be levied. Additional licenses may be issued to employees of a license holder on the payment of an annual fee for each Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 7  Packet Pg. 71 of 368  *NOT YET APPROVED* 3 101_20231128_ts_24 employee after approval and investigation by the chief of police. All fees shall be as set forth in the municipal fee schedule. 4.10.045 License fees for pushcart vendors. Reserved. A daily or quarterly fee shall be levied upon the owner of a pushcart. The owner of multiple pushcarts shall pay a fee and obtain a license for each pushcart. Additional licenses shall be issued to employees or lessees of a pushcart owner on the payment of an annual fee for each employee, after approval and investigation by the chief of police, or designee. All fees shall be as set forth in the municipal fee schedule. 4.10.050 Regulations for solicitors Solicitors and peddlers - regulations. (a) No peddler or solicitor, nor any person in his behalf, shall shout, make an outcry, blow a horn, ring a bell or use any sound device or musical instrument, including any loud-speaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposed to sell. (b) No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall he be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this title, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (c) No person shall sell or offer for sale goods, wares or merchandise from vehicles upon any of the public streets of the city; provided, however, that the prohibition contained in this section does not include the peddling from door to door from vehicles of fresh food products of farm or garden, nor bona fide deliveries of goods, wares, merchandise or food made on a regular route to regular customers. (d) No person shall solicit or peddle from six p.m. to nine a.m., or at any time when a sign has been posted on a building stating: "No solicitors or peddlers," except that a licensed solicitor or peddler may call upon the occupant of a residence at other times when he has received express prior permission from such occupant to do so. (e) While soliciting or peddling, no person shall represent that all or a portion of the proceeds from such solicitation or peddling will be used for charitable, religious, educational, community, recreational, political or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose unless such person is licensed under Chapter 4.30 of this code. 4.10.051 Reserved. 4.10.052 Reserved. 4.10.055 Identification cards for solicitors and peddlers. Reserved. (a) Contents. The holder of any peddler or solicitor license shall furnish each person engaged in the licensed activity with a suitable identification card or badge. The cards or badges shall contain such information as the chief of police deems necessary, but shall include at least the following: Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 8  Packet Pg. 72 of 368  *NOT YET APPROVED* 4 101_20231128_ts_24 (1) The name of the licensee; (2) The name of the main license holder, if different; (3) The nature of the licensed activity; (4) The product or service being peddled or solicited. (b) Acts Required. Such cards or badges shall be produced on demand of the chief of police or any member of the police department. Immediately prior to each peddling or solicitation activity, every person licensed as a peddler or solicitor shall do all of the following in the order prescribed: (1) Present his identification card or badge to the potential customer; (2) Request that the potential customer read the identification card or badge; (3) Inform the potential customer in clear language of the nature and purpose of the visit. 4.10.057 Regulations for pushcart vendors. Reserved. Subject also to the regulations and procedures contained in Chapter 4.04, licenses may be granted to pushcart vendors in accordance with the following criteria and procedures: (a) Use. Pushcart vendors shall be restricted to the sale of food intended for immediate consumption or flowers. (b) Location and Clearance. (1) Pushcart vendors shall be permitted on public sidewalks except: (A) Within residentially zoned districts; (B) Within one hundred feet of school sites; (C) At locations adjacent to city libraries, community centers, the Cultural Center, public safety facilities and city-owned utility facilities; (D) At locations adjacent to dedicated parks, other than sidewalks adjacent to Lytton Plaza and Cogswell Plaza; and (E) On designated bicycle paths. (2) Pushcart vendors shall be permitted in the area on the west side of Embarcadero Road adjacent to the Palo Alto Airport. (3) No pushcart vendor shall be located in a manner that: (A) Impedes access to any city inspection, maintenance and operational devices or controls; (B) Blocks curbside access to a loading zone, as defined in Section 10.40.010; (C) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk. (4) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of the downtown zoned public facility (PF), no pushcart vendor shall be permitted within a minimum sidewalk clearance width of eight feet between fixed objects, planter wells and/or curbs. Other than in the above locations, the minimum sidewalk clearance width for a pushcart shall be at least half of the sidewalk but not less than three feet. (5) No pushcart vendor shall be permitted on a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks. (6) No pushcart vendor shall be permitted to locate: (A) Less than five feet from the nearest display window; or (B) Less than twenty-five feet from another pushcart vendor. (7) Except on sidewalks adjacent to Lytton Plaza, no food pushcart vendor shall be permitted to locate within one hundred feet of a restaurant or food market and no flower pushcart vendor shall be permitted to locate within one hundred feet of a flower or plant shop. On sidewalks adjacent to Lytton Plaza, a food pushcart vendor shall be located at least fifty feet Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 9  Packet Pg. 73 of 368  *NOT YET APPROVED* 5 101_20231128_ts_24 from a restaurant or food market and a flower pushcart vendor shall be located at least fifty feet from a flower or plant shop. (8) In nonpublic sidewalk locations, a pushcart vendor shall be situated in a manner that does not obstruct traffic and that assures safe vehicular and customer access. (c) Size and Signage. (1) A pushcart structure shall not exceed five feet in height and eight feet in length. (2) Soft umbrellas or canopies which are open on four sides shall be permitted but shall not exceed eight feet in height, measured from ground level. (3) All signs shall be placed on the pushcart structure; no signs shall be permitted on ancillary umbrellas or canopies. Freestanding signs, illuminated signs or flashing lights shall be prohibited. (d) Operations. (1) No pushcart vendor shall sell food or flowers from eight p.m. to seven a.m. The pushcart shall be removed from its assigned location by eight p.m. (2) No fires and open flame heating equipment, incidental to the operations of the pushcart, shall be permitted. (3) No pushcart vendor shall shout, blow a horn, ring a bell or use any sound device or musical instrument, including any loud-speaking radio or sound-amplifying system, for the purpose of attracting attention to any goods or merchandise on sale from the pushcart. (4) No pushcart vendor shall represent that all or a portion of the proceeds from the pushcart sales will be used for charitable, religious, educational, community, recreational, political or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose unless such vendor is licensed under Chapter 4.30 of this code. (5) A pushcart vendor shall comply with all applicable federal, state or local laws including the regulations of the Santa Clara County health department. (e) License Application Issuance and Revocation. Procedures for the application for issuance of and revocation of a pushcart vendor license shall be in accord with the provisions of Chapter 4.04; provided, that the following additional regulations shall apply: (1) The application shall contain a statement of intended use, a map showing location and clearance distances, and a sketch of the proposed pushcart showing dimensions and intended colors. (2) The application shall include a certificate of insurance in an amount and form satisfactory to the city loss-control manager and a hold harmless and indemnity agreement in favor of the city. (3) A complete application for a pushcart vendor license shall be reviewed by the city staff for a determination as to whether such application complies with the regulations contained in this chapter. Such review shall include a referral to the design staff of the department of planning and development services for review and comment. The design of the pushcart shall be evaluated on its own merits rather than for its compatibility with the character of nearby building facades. (4) Conditions of approval may be imposed on pushcart vendor licenses where they are required for the maintenance of the public health, safety and welfare. (5) The chief of police, or designee, may revoke the pushcart vendor license if he or she determines that the conditions of the license or any provisions of this chapter are being violated, or if municipal use of the sidewalk is required for reasons of public safety or convenience. In the case of a revocation, the licensee shall be notified. Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 10  Packet Pg. 74 of 368  *NOT YET APPROVED* 6 101_20231128_ts_24 (f) Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by law. (g) Effect of Section. Pushcart vendors who have valid licenses on the effective date of this section, pursuant to prior regulations or guidelines applicable to peddlers, but whose pushcart structures exceed the size requirements contained in Section 4.10.057(c), shall be allowed to process license renewals and continue the use of the pushcart for a period not to exceed five years from the effective date of this section. 4.10.058 Reserved. 4.10.060 Reserved. 4.10.070 Circuses, carnivals and traveling shows– Fees. (a) Every person conducting a circus, carnival, traveling show, rodeo, or any other like or similar exhibition or amusement shall obtain a special event permit and pay a fee as set forth in the municipal fee schedule. (b) The proprietor or manager of any circus, carnival or of any traveling show or device shall, in addition to the payment of the license fees required, deposit with the treasurer of the city either five thousand dollars in cash, lawful money of the United States, or a surety bond in the sum of five thousand dollars, issued by a surety company acceptable to the treasurer, to insure the payment to the city for any damage to city property occasioned by the operation of such circus, carnival or traveling show within the limits of the city, including damages occasioned by the entrance into or exit from the city by said circus, carnival or traveling show, and to insure the removal, within forty-eight hours after leaving the city, of any signs, placards or advertising matter placed upon any property within the city limits by the authority of any such persons. 4.10.080 Reserved. 4.10.090 License exemptions. Reserved. (a) No license shall be required of the following: (1) Any person who peddles to, or solicits orders from, a regularly established business in the city; provided, however, that the product or service sold must be for resale or use in the business; (2) Any person who peddles or solicits orders for fresh food products of farm or garden grown by himself; (3) Any person who solicits orders for newspapers to be delivered personally by himself on a regular route to customers or subscribers; (4) Any person entitled to a license exemption under Chapter 4.04 of this title. 4.10.100 Fee exemptions under Business and Professions Code section 16001. In order to claim a license fee exemption as a veteran, as specified in Sections 16001 and 16001.5 of the Business and Professions Code of the state, or any license fee exemption required by state or federal law, the applicant shall file with the city treasurer an affidavit or a declaration under penalty of perjury, on the form provided by him, establishing the facts entitling the applicant to such fee exemption. The treasurer City may require proof of such facts. The denial of the application and any appeal from such denial shall be governed by the procedures in Chapter 4.04 of this title. Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 11  Packet Pg. 75 of 368  *NOT YET APPROVED* 7 101_20231128_ts_24 4.10.110 Mechanical amusement devices - Definitions. Reserved. The following words and phrases, whenever used in this chapter, shall have the following definitions: (a) "Arcade" means any establishment open to the public in which six or more mechanical amusement devices are located, or similar devices for which a consideration or admission fee is charged to play or operate, whether in conjunction with sales of goods, wares, merchandise, or services or otherwise, regardless of whether the use of such devices constitutes the principal or only business operated upon the premises involved. (b) "Mechanical amusement device" means any machine or device which, upon the insertion of a coin, slug, or token in any slot or receptacle attached to said machine or connected therewith, operates or may be operated for use as a game, contest, or amusement, or which may be used for any such game, contest, or amusement. This term includes any similar device for which a fee or any consideration is charged to play, whether in conjunction with sales of other merchandise, goods, wares, or services, or otherwise. Machines which only play recorded music, provide a ride or dispense a uniform quantity of merchandise are not included under this definition. 4.10.120 Arcade prohibited - License required for mechanical amusement devices. Reserved. No arcade shall be permitted in the city, except that any licensee may continue to install, operate or maintain the number of mechanical amusement devices located in such licensee's premises on May 8, 1977. The licensee or applicant therefor shall have the burden of establishing the precise number of mechanical amusement devices located in any premises on May 8, 1977, and any such license may be denied by the chief of police for failure to sustain such burden. No person shall install, operate, or maintain any mechanical amusement device, including those in existence or operation prior to May 8, 1977, without obtaining a license to do so on or before July 1, 1977, for the ensuing year. The provisions of Chapter 4.04 shall apply to all licenses required by this chapter and to the renewal, suspension, or revocation of licenses, and in all other respects, except as expressly provided herein to the contrary. 4.10.130 License application fee. Reserved. Any application for any mechanical amusement device license required in this chapter, new or renewal, shall be accompanied by a nonrefundable fee as set in the municipal fee schedule. The application fee shall be used to defray, in part, the costs of investigation and report, and is not in lieu of any other fees or taxes required under this code. No fee shall be prorated for any reason. 4.10.140 License term - Nontransferability. Reserved. Mechanical amusement device licenses required by this chapter shall be issued for one year, commencing July 1st of each year, and shall not be transferable. 4.10.150 Increased closing hours. Reserved. In addition to any other remedy provided herein or by Chapter 4.04, the chief of police shall have the power, after hearing, for any violation of the duties of a licensee, to impose closing hours longer than otherwise provided for the business premises in which mechanical amusement devices are located. Such closing hours shall not constitute a penalty, and may be in addition to, or in whole or partial suspension of, any penalty provided elsewhere in this code. Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 12  Packet Pg. 76 of 368  *NOT YET APPROVED* 8 101_20231128_ts_24 4.10.160 Reserved. 4.10.170 Reserved. 4.10.180 Reserved. 4.10.190 Reserved. 4.10.200 Pawnbrokers prohibited. It is unlawful for anyone to carry on the business of pawnbroker within the city. For the purpose of this section, a pawnbroker shall have the same meaning as defined in California Financial Code section 21000. 4.10.210 Secondhand dealer defined. "Secondhand dealer" means any person principally engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares and merchandise as defined in this chapter. shall have the same meaning as defined in California Business and Professions Code section 21625 et seq. 4.10.220 Secondhand goods, wares and merchandise tangible personal property defined. "Secondhand goods, wares and merchandise tangible personal property" shall not include rags, bottles other than milk or cream bottles, sacks other than cement sacks, barrels, cans, shoes, books, lamps, stoves or household or office furniture, with the exception of sewing machines, musical instruments, typewriters, portable radios and televisions or any motor vehicle, trailer, or semitrailer which has been registered in California, as required by law. shall have the same meaning as defined in California Business and Professions Code section 21625 et seq. 4.10.225 Secondhand dealer – license required. A license is required to operate as a secondhand dealer. Applications must be made the Chief of Police and are subject to all requirements in state and local law, including Business and Professions Code section 21625 et seq. and the provisions of this Chapter. Any fee authorized by the Municipal Fee Schedule and/or state law must be paid prior to issuance of the license. 4.10.230 Daily report of purchases by secondhand dealer Secondhand dealers - regulations. Secondhand dealers must follow all applicable laws, including Business and Professions Code section 21625 et seq. (a) Every secondhand dealer shall, on each day, except Sundays and legal holidays, before the hour of ten a.m., make and deliver to the chief of police in writing a full, true and complete report, in chronological order, of all dealings in secondhand goods, wares and merchandise by such secondhand dealer within the city during the twenty-four hours next preceding said report, together with the time of day when purchased or received, a complete description of each article purchased or received, and a description of the person or persons from whom purchased or received or with whom dealt, and also the true name of such person or persons as nearly as the same is known to or can be ascertained by the person making such report. If any such article purchased or received has engraved or stamped thereon any number, word or Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 13  Packet Pg. 77 of 368  *NOT YET APPROVED* 9 101_20231128_ts_24 initial, or contains any setting of any kind, the description of such article shall contain such number, word or initial, and shall show the kind of setting or settings and the number of each kind. (b) The report required in this section shall be made upon a form to be furnished free of charge by the chief of police. The chief of police shall cause blank forms to be printed containing spaces with the proper captions for the furnishing of the information required by this chapter. (c) The chief of police, upon receipt of said report, shall file the same in some secure place in his office, and the reports shall be open to inspection only to members of the police department, or any other law enforcement agency, or by others upon an order of a court of competent jurisdiction made for that purpose. 4.10.240 Copies of report kept by dealer. Reserved. Every secondhand dealer shall keep at his place of business a copy of every report required by Section 4.10.230 hereof, and such copy shall be open at all times during business hours to the inspection of the chief of police or any member of the police department or any officer authorized by law. The report shall be in book form, and each transaction shall be kept in chronological order. 4.10.250 Reports and records in English language. Reserved. Every report and record required by the provisions of this chapter to be filed, kept or made shall be written or printed entirely in the English language in a clear and legible manner and shall be made out at the time the transaction is made. 4.10.260 Failure to make report. Reserved. It is unlawful for any secondhand dealer or for any agent or employee of such secondhand dealer to fail, refuse, or neglect to file a report, as required herein, in the manner, form, at the time and in all respects in accordance with the requirements of this chapter, or to fail, refuse, or neglect to exhibit to the chief of police, or to any member of the police department, or to any officer authorized by law, immediately upon demand, any such record or report, or any goods, wares, and merchandise so purchased or received by such secondhand dealer, or by any agent or employee of such secondhand dealer. 4.10.270 Goods held for inspection. Reserved. All goods, wares and merchandise purchased or received by any secondhand dealer shall be held for a period of at least twenty days after purchase or receipt before the same shall be sold or otherwise disposed of, and during such twenty-day period all such property shall be kept separate and apart from all other goods, wares and merchandise upon the premises in the possession of such secondhand dealer, and all such property shall, during said twenty-day period, be kept and exposed for police inspection during business hours. 4.10.280 Exemptions. Reserved. (a) The provisions of this chapter shall not apply to secondhand goods, wares and merchandise: (1) Purchased at a public sale or auction; (2) Purchased from any person holding a State Board of Equalization permit number as a seller; Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 14  Packet Pg. 78 of 368  *NOT YET APPROVED* 10 101_20231128_ts_24 (3) Accepted in trade on the purchase of new merchandise; (4) Received or purchased by any religious, charitable, civic or fraternal organization for purposes of resale. SECTION 3. Title 4 (Business Licenses and Regulations) is hereby amended to add a new Chapter 4.12 (Sidewalk Vendors) to read as follows: 4.12.010 Purpose This Chapter 4.12 implements a sidewalk vendor program as permitted by Government Code Section 51306 et seq. 4.12.020 Definitions (a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other City-owned pedestrian path. (b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. (c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. 4.12.030 General Sidewalk vendors are permitted except: (a) Within 100 feet of the outer perimeter of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (b) Within 100 feet of the outer perimeter of an area designated for a temporary special permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this subsection, a temporary special permit is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this subsection shall only be effective for the limited duration of the temporary special permit. (c) Within 100 feet of the outer perimeter of a school during in-person instructional time. (d) Within zones that are exclusively residential as defined in Chapter 18 (Zoning) of the Palo Alto Municipal Code. This subsection (d) shall only apply to stationary sidewalk vendors. (e) In City owned or operated parks in which the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 15  Packet Pg. 79 of 368  *NOT YET APPROVED* 11 101_20231128_ts_24 4.12.040 Placement and Operation Requirements (a) No sidewalk vendor shall be located in a manner that: (1) Impedes access to any city inspection, maintenance and operational devices or controls; (2) Blocks curbside access to a loading zone, as defined in Section 10.40.010; (3) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk; (4) Impedes the use of sidewalk bumps or other tactile paving by use of the visually impaired; (5) Impedes access to a driveway; (6) Is situated between a duly permitted parklet or other on-street use and the adjacent storefront (b) No sidewalk vendor shall be permitted on a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks. (c) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of the downtown zoned public facility (PF), no sidewalk vendor shall be permitted within a minimum sidewalk clearance width of eight feet between fixed objects, planter wells and/or curbs. Other than in the above locations, the minimum sidewalk clearance width for a sidewalk vendor shall be at least half of the sidewalk but not less than three feet. (d) Sidewalk vendors shall be considered “retail” businesses for the purpose of Section 18.23.040 (Late Night Uses and Activities) and shall be subject to its provisions. Sidewalk vendors in violation of Section 18.23.040 shall be subject to the penalties in Section 4.12.060. (e) Sidewalk vendors shall possess a valid California Department of Tax and Fee Administration seller’s permit and any other permit or license required by law, including a permit from the County of Santa Clara for mobile food facilities, if applicable. (f) Sidewalk vendors shall follow all other generally applicable laws. (g) The City Manager or designee may promulgate regulations regarding the size, placement, safety, and operational requirements or restrictions of sidewalk vendors. 4.12.050 Sidewalk Vendors in Parks (a) Notwithstanding Section 22.04.160 (Commercial activities and solicitation), a sidewalk vendor may operate in City parks, including those dedicated in Chapter 22.08 (Park Dedications), unless specifically restricted pursuant to statute or regulation. (b) Following the procedure in Section 22.04.030 (Compliance Required), the City Manager may promulgate regulations regulating the time, place, and manner of sidewalk vending in parks owned or operated by the City if the requirements are any of the following: (1) Directly related to objective health, safety, or welfare concerns; (2) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or (3) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (c) It shall be a violation for any person to violate any provision in the regulations authorized by subsection (b) of this section. Violators will be subject to the penalties in Section 4.12.060. Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 16  Packet Pg. 80 of 368  *NOT YET APPROVED* 12 101_20231128_ts_24 4.12.060 Violations and Penalties (a) A person found to be in violation of any of the provisions of this Chapter 4.12 or any regulations authorized by this Chapter shall be subject to the following penalties: (1) An administrative fine of one hundred dollars ($100) for a first violation. (2) An administrative fine of two hundred dollars ($200) for a second violation within one year of the first violation. (3) An administrative fine of five hundred dollars ($500) for each additional violation within one year of the first violation. (4) The City may prohibit a sidewalk vendor from operating in the City for one year upon the fourth violation or subsequent violations within one year of the first violation in addition to an administrative fine of five hundred dollars ($500). (b) Failure to pay an administrative fine pursuant to subdivision (a) or (b) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) and (b) shall not be assessed. (c) When assessing an administrative fine pursuant to subdivision (a) and (b), the hearing officer shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (d) If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivisions (a) and (b). (e) The hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. SECTION 4. Chapter 4.30 (Soliciting Funds) of Title 4 (Business Licenses and Regulations) is hereby amended as follows (additions are underlined, deletions are in strikethrough): 4.30.010 Permit required. Reserved. No person shall solicit within the city for a contribution of funds for a charitable, political, religious, educational, community, recreational or similar nonprofit purpose by means of calling upon places of residence or business, or by means of direct personal contact in public places or upon public property without obtaining a permit as provided in this chapter. Any peddling or soliciting as defined in Chapter 4.10, by means of representation that all or a portion of the proceeds thereof are to be used for a charitable or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose is unlawful unless a permit has been first obtained as provided in this chapter. 4.30.020 Exceptions to permit requirements. Reserved. (a) The provisions of this chapter, except for Section 4.30.100, shall not be applicable to: (1) Solicitations by one member of an organization to another when the solicitation is conducted for that same organization; (2) Political committees for which the Secretary of State has assigned an identification number pursuant to the Political Reform Act (California Government Code Section 84101). Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 17  Packet Pg. 81 of 368  *NOT YET APPROVED* 13 101_20231128_ts_24 4.30.030 Application. Reserved. (a) Application for a permit to solicit shall be made to the chief of police at least ten business days prior to the time of the proposed effective date of the permit; provided, however, that the chief of police, for good cause shown, may allow the filing of an application less than ten business days before such date. The application shall contain the following information or, in lieu thereof, a detailed statement of the reason why such information cannot be furnished: (1) The name and address or headquarters of the person applying for the permit, and of the organization on whose behalf the solicitation is conducted; (2) If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation; (3) The purpose for which the solicitation is to be made; (4) The names, addresses and phone numbers of the persons who will be in direct charge of conducting the solicitation; (5) The time when such solicitation shall be made, giving the preferred dates for the beginning and ending of such solicitation; (6) A copy of the Franchise Tax Board determination exempting the organization from tax under California Revenue and Taxation Code Section 23701, or a statement indicating that the organization does not have tax-exempt status; (7) A statement indicating whether any of the solicitors are salaried or commissioned. (b) If, while any application is pending or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the chief of police in writing thereof within twenty-four hours after such change. 4.30.040 Issuance of permits. Reserved. Prior to the date on which the solicitation is to begin, the chief of police or a designee shall issue the permit unless the information required by Section 4.30.030 has not been provided. If the permit is denied for failure to comply with Section 4.30.030, the applicant shall be granted a permit immediately upon compliance with its requirements. 4.30.050 Suspension and revocation of permits. Reserved. (a) Definitions. (1) "Suspension" means that the permit is temporarily withdrawn and is reinstated when the suspension period ends. (2) "Revocation" means that the permit is terminated and that a new permit may not be obtained until the original permit period ends. (b) Grounds for Suspension or Revocation. The permit may be suspended or revoked in accordance with the procedures specified in Section 4.30.060 for a violation of this chapter or for any one of the following reasons: (1) Failure to comply with the requirements of California Business and Professions Code Section 17510.3 during the solicitation; (2) The permit holder or any of the persons involved in the solicitation is found by a court to have engaged, during the solicitation, in fraudulent activity, violation of trespass statutes, or crimes of violence; (3) The applicant has intentionally misrepresented a material fact on the application; Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 18  Packet Pg. 82 of 368  *NOT YET APPROVED* 14 101_20231128_ts_24 (4) The solicitation is not authorized by the organization or its officers and managers as listed on the application. 4.30.060 Procedures for suspension or revocation of permit. Reserved. (a) Notice of Hearing. A notice of the hearing shall be given to the permittee by the city manager in writing, setting forth the time and place of the hearing, the ground or grounds upon which the hearing is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the permittee at the address listed on the permit application, or it shall be delivered to the permittee personally, at least ten days prior to the hearing date. (b) Hearing Rules. All parties involved shall have the right to other testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine any witnesses against them. Any hearing under this title may be continued for a reasonable time for the convenience of a party or a witness. (c) Disposition of the Case. (1) Disciplinary Action. If the city manager, after the hearing, finds that cause exists for disciplinary action, either a warning, or a suspension or revocation of the permit may be imposed. (2) Transmittal of Decision. Within ten days of the hearing the city manager shall render an opinion in writing, stating findings and the action taken, if any. This opinion shall be mailed, postage prepaid, to the permittee or delivered to the permittee personally. (d) No Appeal. The decision of the city manager shall be final. 4.30.070 Permit time limit - Renewal. Reserved. Permits issued pursuant to this chapter shall be valid a maximum of ninety days only, and no person shall solicit with an expired permit. The chief of police shall prescribe procedures and standards for the renewal of such permits, except that such standards and procedures shall not be stricter than those required for the original issuance of the permit. Each renewal period shall be for a maximum of ninety days. 4.30.080 Identification cards. Reserved. (a) The permittee shall furnish each person engaged in the solicitation activity in question with a suitable identification card or badge. The cards or badges shall contain the following: (1) The name of the individual solicitor; (2) The name of the permittee, if different; (3) The purpose of the solicitation activity. 4.30.090 Identification cards to be carried and produced. Reserved. Any identification card or badge issued hereunder shall be kept on the person to whom it is issued at all times during such solicitation. Such card or badge shall be presented when any solicitation is made and shall be produced upon demand of the chief of police or any member of the police department. 4.30.100 Conduct of solicitations. (a) No person shall solicit funds at any time at any building where there is a posted sign stating "No solicitors," or words to that effect, except that a licensed solicitor may call upon an Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 19  Packet Pg. 83 of 368  *NOT YET APPROVED* 15 101_20231128_ts_24 occupant of a building when he has received express prior permission from such occupant to do so. (b) No person shall solicit funds in any congested area where the solicitation activity impedes the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded. 4.30.110 Severability. If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions, and clauses of this chapter are declared to be severable. SECTION 5. Chapter 4.32 (Soliciting Information for Commercial Purposes) of Title 4 (Business Licenses and Regulations) is hereby amended as follows (additions are underlined, deletions are in strikethrough): 4.32.010 Definitions. (a) For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows: (1) "Interviewee" means a person from whom information is requested by a solicitor as defined in this chapter. (2) "Soliciting" means requesting information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings, or the like of another person for the purpose of compiling such information as raw data or refined data into a document, record, book, or directory to be sold, or to be used wholly or in part for a commercial purpose. (3) "Solicitor" means the person soliciting as defined in this chapter. 4.32.020 Permit required for solicitors. Reserved. A permit is required for every person or organization which engages in soliciting information by means of calling upon places of residence or by means of direct personal contact in public places or upon public property. One permit may be obtained by an organization to cover the individual solicitors for the organization. Any peddling or soliciting, as defined in Chapter 4.10, which is carried on in connection with said solicitation of information is unlawful unless a permit also has been obtained as provided in Chapter 4.10. 4.32.030 Exceptions. Reserved. (a) The provisions of this chapter shall not apply to the following: (1) Any news-gathering activity for a bona fide news medium; (2) Any solicitation of information for a telephone book by a telephone company. 4.32.040 Application. Reserved. (a) Application for a permit to solicit information shall be made to the chief of police at least fifteen days prior to the time of the proposed effective date of the permit; provided, however, that the chief of police, for good cause shown, may allow the filing of an application less than fifteen days before such date. The application shall contain the following information or, in lieu thereof, a detailed statement of reasons why such information cannot be furnished: Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 20  Packet Pg. 84 of 368  *NOT YET APPROVED* 16 101_20231128_ts_24 (1) The name, address, or headquarters of the person applying for the permit; (2) If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of the applicant's record; (3) The purpose for which the solicitation is to be made and the use or disposition to be made of any information therefrom; (4) The names and addresses of the persons to whom the information solicited will be sent; (5) The names and addresses of the persons who will be in direct charge of conducting this solicitation and the names of all promoters connected, or to be connected, with the proposed solicitation; (6) An outline of the methods to be used in conducting the solicitation; (7) The time when such solicitation shall be made, giving the preferred dates for the beginning and ending of such solicitation; (8) A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city or by any department or officer thereof; (9) Such other information as may be reasonably required by the chief of police in order for him to determine the kind and character of the proposed solicitation and whether such solicitation is not inimical to the public welfare. If, while any application is pending or during the term of any permit grained thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the chief of police in writing thereof within twenty-four hours after such change. 4.32.050 Permit fees. Reserved. A fee for a permit to solicit information shall be levied as set forth in the municipal fee schedule. 4.32.060 Investigation of books and records. Reserved. Upon the request of the chief of police or his designee at any time before the permit is issued, during the time the permit is in effect, or after the permit has expired, the applicant shall make available at the Civic Center or at any other reasonable location specified by the chief of police or his designee such nonprivileged books, records, and papers as may be required to investigate the matters relevant to the permit. 4.32.070 Standards for issuance of permits. Reserved. The chief of police or his designee shall issue the permit unless he has cause for denying the permit application or issuing a probationary permit as specified in Chapter 4.04. 4.32.080 Identification cards. Reserved. (a) The permittee shall furnish each person engaged in the soliciting activity in question with a suitable identification card or badge. The cards or badges shall contain such information as the chief of police deems necessary, but shall include at least the following: (1) The name of the individual solicitor; (2) The name of the permittee, if different; (3) The purpose of the solicitation activity; (4) A statement that the interviewee is not required to provide any or all of the information solicited. Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 21  Packet Pg. 85 of 368  *NOT YET APPROVED* 17 101_20231128_ts_24 Such cards or badges shall be produced on demand of the chief of police or any member of the police department. 4.32.090 Acts required during each solicitation. Reserved. (a) Immediately prior to any request for information, each solicitor shall do all of the following in the order prescribed: (1) Present his identification card or badge to the interviewee; (2) Request the interviewee to read the identification card or badge; (3) Inform the interviewee in clear language of the nature and purpose of the solicitation and whether he is representing a governmental entity or whether he is representing a private person or organization; (4) Inform the interviewee that the interviewee need not provide any or all of the information the solicitor requests. 4.32.100 Restrictions on methods of solicitation. (a) It shall be unlawful for a solicitor to do any of the following: (1) Falsely represent, directly or by implication, that the information is being solicited on behalf of a governmental organization; (2) Threaten, directly or by implication, that the information requested will be solicited from sources other than the interviewee if the interviewee does not provide the information; (3) Without the express prior permission of an occupant, solicit at any residence address or apartment complex where there is posted a sign stating: "No solicitors or peddlers." 4.32.110 Hours of solicitation. No person shall solicit information from six p.m. to nine a.m.; provided, however, a solicitor may call upon the occupant of a residence during such hours when he has received express prior permission from such occupant to do so. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. The Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings). // // // // Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 22  Packet Pg. 86 of 368  *NOT YET APPROVED* 18 101_20231128_ts_24 SECTION 8. This Ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Chief of Police ____________________________ Director of Community Services Item 4 Attachment A - Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code        Item 4: Staff Report Pg. 23  Packet Pg. 87 of 368  Attachment B City of Palo Alto PARK AND OPEN SPACE REGULATIONS (Last Updated February 2021) Contents R1-1. DEFINITIONS..................................................................................................................12 R1-2. APPLICABILITY ..............................................................................................................12 R1-3. CLOSURE OF FACILITIES - AUTHORITY ......................................................................12 R1-4. CONTENTS OF PERMIT APPLICATION; SUBMISSION ................................................13 R1-5. ACTION ON PERMIT APPLICATION ..............................................................................13 R1-6. FOOTHILLS PARK – RESERVATIONS AND VEHICLE ENTRY .....................................14 R1-7. PERMIT – EXHIBITION ...................................................................................................14 R1-8. HOURS OF PARK CLOSURE .........................................................................................14 R1-9. HAZARDOUS GAMES OR ACTIVITIES ..........................................................................15 R1-9A. USE OF METAL DETECTORS IN PARKS ...................................................................15 R1-10. PICNIC SITE USAGE ....................................................................................................15 R1-10A. LYTTON, COGSWELL AND KING PLAZA..................................................................15 R1-10B. LYTTON PLAZA NOISE REGULATION ......................................................................16 R1-11. RACQUET COURT (TENNIS AND PICKLEBALL) USAGE ...........................................17 R1-12. ATHLETIC FIELD USE ..................................................................................................17 R1-13. PEERS PARK AND JOHNSON PARK VOLLEYBALL USE ...........................................18 R1-14. SKATEBOARD FACILITY .............................................................................................18 R1-15. GOLF COURSE ............................................................................................................18 R1-16. SWIMMING ...................................................................................................................19 R1-17. BOAT USE ....................................................................................................................20 R1-18. BICYCLES, SKATEBOARDS AND ROLLER SKATES ..................................................21 R1-19. HUMAN FLIGHT ...........................................................................................................21 R1-20. TRAIL USE SPEED LIMITS ..........................................................................................21 R1-20A. USE OF DESIGNATED TRAILS, PATHS AND RECREATIONAL LAWN AREAS IN OPEN SPACE LANDS ..............................................................................................................21 R1-21. COMMERCIAL ACTIVITIES AND SOLICITATION ........................................................21 R1-21A. COMMERCIAL PHOTOGRAPHY AND FILMING .......................................................22 R1-22. RESTROOMS ...............................................................................................................22 R1-23. UNAUTHORIZED USE OF KEYS OR LOCKS ..............................................................22 R1-24. WATER POLLUTION ....................................................................................................23 Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 24  Packet Pg. 88 of 368  R1-25. HARMFUL SUBSTANCES ............................................................................................23 R1-26. LITTERING ...................................................................................................................23 R1-27. DISPOSAL OF EFFLUENT ...........................................................................................23 R1-28. SMOKING .....................................................................................................................23 R1-29. FIREWORKS.................................................................................................................24 R1-30. ANIMALS ......................................................................................................................24 R1-31. NUISANCE DOGS ........................................................................................................25 R1-32. DOG EXERCISE AREA ................................................................................................25 R1-33. UNAUTHORIZED CONSTRUCTION ACTIVITIES ........................................................25 R1-34. USE OF UTILITIES .......................................................................................................25 R1-35. GATHERING WOOD IN OPEN SPACE AREAS ...........................................................26 R1-36. PARKING RESTRICTIONS ...........................................................................................26 R1-37. OPERATION OF MOTOR VEHICLES ...........................................................................26 R1-37A. VEHICLE WEIGHT LIMIT ON BAYLANDS ROADS AND PARKING LOTS ................27 R1-38. VIOLATION – PENALTY ...............................................................................................27 R1-39. PLAYGROUNDS ...........................................................................................................27 R1-40. COMMUNITY GARDENS ..............................................................................................27 R1-41. SIDEWALK VENDORS .................................................................................................27 R1-1. DEFINITIONS The following words and phrases, whenever used in these regulations, shall be construed as defined in these regulations. A. "City" means the City of Palo Alto. B. "department" means the Community Services Department of the City. C. "facility" or "park facility" means any body of water, land, campsite, garden, trail, levee, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the Community Services Department. D. “director” means the Director of Community Services of the City. R1-2. APPLICABILITY The provisions of these regulations apply to all facilities under the jurisdiction of the Community Services Department. R1-3. CLOSURE OF FACILITIES - AUTHORITY The director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when he or she determines that conditions exist in said facility or portion thereof which presents a hazard to the facility or to public safety. No person shall use, enter or remain in any facility, Park or Open Space which has been posted as being closed under this authority. A. The Open Space, Parks and Golf Division Manager shall have the authority Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 25  Packet Pg. 89 of 368  to close Open Space trails which have been designated as “seasonal trails” when weather conditions predispose the trail or surrounding habitat to damage or erosion. Such trail closures will be posted on park bulletin boards and at the affected trail junctions. B. The Open Space, Parks and Golf Division Manager shall have the authority to temporarily close Open Space trails or facilities when the damage of flora or fauna are threatened by humans or their pets. Such facility closures will be posted on park bulletin boards and at affected trail junctions or facilities. R1-4. CONTENTS OF PERMIT APPLICATION; SUBMISSION Whenever a permit is required by provision in these regulations, an application shall be filed with the director stating: A. The name of each applicant, sponsoring organization and the person(s) who is in charge of or responsible for the proposed activity; B. The address and telephone numbers of each person and/or entity named in subsection (A); C. The name of the Park, Open Space land, building, field or tennis courts requested for the activity, specifically identifying the location of the activity within the park or room within the building; D. The date and starting time of the proposed activity, together with the anticipated arrival time of guests; The finish time of the proposed activity, including cleanup; E. The number of persons expected to attend the activity; F. Additional City facilities requested, such as personnel, tables, chairs, etc; G. The nature of the proposed activity or activities, including equipment and vehicles to be brought into the Park or Open Space lands; nature and duration of the use of such equipment; nature and duration of the use of any amplified sound; whether fees or donations for service will be solicited or collected; and whether alcohol will be served. H. Proof of Palo Alto residency may be required for the permit application. I. The necessity for street closure in order to hold an event. J. The permit application shall be filed with the director by no later than seven (7) days prior to the date of the special event. R1-5. ACTION ON PERMIT APPLICATION The director shall issue a permit within five (5) business days after submission of a completed application if: A. The proposed activity or use of the facility will not unreasonably interfere with or detract from the general public enjoyment of the facility; B. A facility with the required occupancy load capacity is available; C. All conditions, including, where applicable, the payment of fees, approval of the Director of Community Services and insurance coverage, security deposits and/or requirements are met; D. The proposed activity or use will not entail unusual, extraordinary or burdensome expense or security operation by the department; E. If the proposed special event will have more than twenty-five (25) individuals in attendance, involve road closures, traffic control, or the need for inter- Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 26  Packet Pg. 90 of 368  departmental review (for example, for a “fun run” or a “live music” event), an additional City-wide special event application from the Police Department may be required for the event. City-wide special event permit applications are not generally required for standard picnic reservations. Completed City-wide special event permit applications may be filed as early as one year before the event but must be received no later than 30 days before the actual event date, and no later than 90 days before the actual date of the event if the event requires a street closure. F. The facilities desired have not been reserved for other use; G. Special conditions requested in applications are reasonable and feasible. H. The proposed activity will not negatively impact habitat, wildlife, or vegetation in the Park or Open Space area. I. Residency requirements, if any, have been satisfied. R1-6. FOOTHILLS PARK – RESERVATIONS AND VEHICLE ENTRY A. Resident Reservation Preference. The Towle Campground, Oak Grove Group Picnic Area, and the Interpretive Center meeting room at Foothills Park shall have Resident Reservation Preference in making reservations. No other facility existing as of December 2020 shall have Resident Reservation Preference. Resident Reservation Preference shall be one that permits residents to have access to reservations for no longer than the first 25% of the time period during which reservations for the subject facility may be made. Thus, if the facility in question is made available for reservation by residents for 4 weeks’ time prior to the date of the reservation, the facility must be made available for reservation by non-residents for at least 3 weeks’ time before the date of reservation. (Note: This rule is governed by the 2020 settlement agreement regarding Foothills Park). B. Vehicle Entry Fee. All motor vehicles entering Foothills Park shall be subject to a vehicle entry fee as listed in the City’s Municipal Fee Schedule. Violators shall be subject to administrative citation for failure to comply with park regulations per PAMC 22.04.030. This regulation does not apply to City councilmembers, staff, contractors, or volunteers while conducting official City business/operations in Foothills Park. R1-7. PERMIT – EXHIBITION No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee, contracted park ranger or any public or peace officer who desires to inspect the permit for the purpose of enforcing compliance with any regulations of this chapter. R1-8. HOURS OF PARK CLOSURE For purposes of enforcement of the Park and Open Space closure restrictions promulgated in Chapter 22.04 of the Palo Alto Municipal Code, the terms “sunset” and “sunrise” are defined with reference to a table of times that is determined annually and posted at Open Space facilities. Closure times specified in Chapter 22.04 as Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 27  Packet Pg. 91 of 368  implemented by this regulation shall be posted prominently at each Park or Open Space facility and shall be posted on the City’s web site. R1-9. HAZARDOUS GAMES OR ACTIVITIES The playing of games and/or activities involving propelled or thrown objects which are sharp or heavy (such as stones, shot puts, arrows or javelins) are prohibited except when a permit is issued by the director in areas compatible for such use. Except in designated areas of Mitchell Park where inflatable structures can be used by City staff or designated contractors as part of a City-sponsored program, inflatable structures, miniature trains designed or used for passengers, pony rides, and dunking tank attractions are prohibited in Parks or Open Space areas. R1-9A. USE OF METAL DETECTORS IN PARKS Metal detectors for the purpose of scavenging can only be used within park facilities in such a fashion where turf or landscaped areas are not disturbed, cut or dug into. R1-10. PICNIC SITE USAGE Group picnic site reservations at Mitchell Park Arbor, East Meadow, Pine Grove and Redwood areas; and Rinconada Park Sequoia area are available to Palo Alto residents only. No more than 60 individuals shall occupy a group picnic site at Mitchell Park Arbor, East Meadow and Redwood areas; 100 individuals at the Pine Grove picnic area; 75 individuals at Rinconada Park Sequoia picnic area; or 150 individuals at Foothills Park Oak Grove. No more than 15 individuals shall occupy any table in an individual picnic site at Mitchell Park and Rinconada Park. With the exception of the two table/one barbecue at individual picnic sites of Mitchell Park, each group of participants shall not occupy more than one individual site. R1-10A. LYTTON, COGSWELL AND KING PLAZA A. Use of tables: For permitted events and activities, no more than four six-foot tables are permitted at one time at Cogswell Plaza; no more than ten six-foot tables are permitted at Lytton Plaza; and no more than twenty six-foot tables are permitted at King Plaza. Tables shall not be arranged in a configuration longer than twelve-foot wide span and there must be a minimum of three-feet between sets. B. The City shall be compensated the full cost of replacement of any chair, tables or other furnishings damaged by the event or special use. C. Special event organizers must cover existing trash receptacles and provide their own waste stations (compost/recycle/trash) that they will then be responsible for removing after the event. D. Damage deposits may be required for any special event or use at the discretion of City staff. E. No tables, tents or other structures shall be set up closer than ten (10) feet from the nearest structure. F. Shade canopies may be authorized in a permit so long as the shade structure measures ten-foot by ten-foot, or less. Canopies shall be weighted or anchored to prevent blowing over. Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 28  Packet Pg. 92 of 368  G. Stage platforms shall be no higher than twenty-four inches tall and ten-feet by twelve-feet in maximum area. H. As per the Chapter 22.04 of the Palo Alto Municipal Code, no alcoholic beverages may be served or consumed at these plaza parks. I. No barricades or cordoning off areas of the plaza. J. No jump/bounce houses are permitted on plaza. K. Special event organizers must supply a layout of all items to be placed within plaza and be approved by City staff before the event. L. As per Palo Alto Municipal Code Section 22.04.160, no commercial solicitation or business transactions other than those associated with and supportive of City programs or City-sponsored activities for which a permit has been issued by the director is permitted in parks or plazas. M. As per Palo Alto Municipal Code section 22.04.300, open flames, including candles, are not allowed without a permit from the Director in these Plazas. R1-10B. LYTTON PLAZA NOISE REGULATION A. A permit under Palo Alto Municipal Code Section 22.04.040 is not required of any person in order to engage in the playing of an amplified musical instrument at Lytton Plaza, which otherwise meets the requirements of sections 9.10.050 and 22.04.180 and subject to the following: the playing of an amplified musical instrument occurs on a first-come, first-served basis during the following days and times of day: (a) Monday through Thursday, 5:00 PM to 10:00 PM; (b) Friday, 5:00 PM to 11:00 PM; (c) Saturday, noon to 11:00 PM; and Sunday, noon to 10:00 PM. The term “first-come, first-served” means the first person or group of persons to commence playing an amplified musical instrument at Lytton Plaza shall be entitled to play to the exclusion of all others for a period not exceeding three (3) consecutive hours. B. A City-wide special event permit application is required of any person seeking to engage in the playing of an amplified musical instrument at Lytton Plaza outside of the days and times of day specified in paragraph A above. No unpermitted amplified musical instrument may be played during the period of time for which a person holds a permit to play an amplified musical instrument. C. Paragraph A notwithstanding, a person may file a City-wide special event permit application to play an amplified musical instrument within the time period specified in R1-4. If a City-wide special event permit is issued, the permit holder’s right to play any musical instrument at Lytton Plaza will take precedence over any person claiming the right to play under the first-come, first-served basis condition set forth in paragraph A of this Rule. D. The director will post or caused to be posted to the department’s web site the days and times of days for which reservations to play musical instruments have been secured. E. The preceding paragraphs notwithstanding, the playing of any acoustic musical instrument at Lytton Plaza is permitted during posted park use hour or, if no hours are posted, during the regular park use hours. F. A City-wide special event permit application shall be filed whenever a group of more than twenty-five (25) persons attends the playing of any musical instrument Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 29  Packet Pg. 93 of 368  or musical instruments regardless of whether any instrument is amplified or acoustic. G. The noise ordinances set forth in Palo Alto Municipal Code chapters 9.10 and 22.04 shall apply to all persons playing amplified and acoustic musical instruments at Lytton Plaza. R1-11. RACQUET COURT (TENNIS AND PICKLEBALL) USAGE Any person or group using a City racquet court shall do so according to the following rules: A. No person shall operate, drive or ride a bicycle, unicycle, roller skates, roller blades, skateboard or other coasting device on City-owned tennis courts. B. No person shall provide or offer lessons for compensation on City-owned tennis courts except as part of a City-sponsored program, class or camps. C. City-owned racquet courts may be reserved for City programs and tournament play only. D. All players must use the court control board to determine which court they shall play on and their playing position. E. No individual person can occupy a court by him or herself if other persons are waiting to play. F. Unleashed dogs are not permitted within courts. G. No person shall play a sport other than tennis or pickleball on City-owned courts unless expressly allowed via permit issued by the Community Services Department. H. Mitchell Park racquet courts 6 and 7 are dual-use courts with designated pickleball and tennis times. Pickleball has priority from 8:00 AM to 2:30 PM seven days a week. Tennis has priority from 3:00 PM to 10:00 PM seven days a week. If courts are not in use, anyone can use the court but must vacate the space if the priority sport arrives and needs the space. R1-12. ATHLETIC FIELD USE Any person or group using a City athletic field shall do so according to the following rules: A. No activity other than softball (or Little League baseball) is permitted at El Camino Park softball field unless expressly allowed by permit. B. No activity other than baseball is permitted at Baylands Athletic Center Baseball Field unless expressly allowed by permit. C. No activity other than softball is permitted at Baylands Athletic Center Softball Field unless expressly allowed by permit. D. No person shall use an athletic field which is posted (on-site, on-line, or by voice message) as being closed, whether the closure is for excess rainfall or for field maintenance or other reason. E. Field markings applied to athletic fields shall be allowed by permit only and must follow City of Palo Alto Open Space, Parks and Golf Division guidelines. F. Soccer goals must be anchored at all times when located on the playing fields. When goals are not being utilized for play, they must be secured off the playing fields in a manner which will not permit tipping or any hazardous condition that Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 30  Packet Pg. 94 of 368  might cause injury to any person. When a field is being utilized for multiple purposes, goals that interfere with the intended use of the field shall be provided by the user groups that require the use of a soccer goal. These goals must be assembled and disassembled before and after each event. The storage of these goals can be coordinated with the Recreation Division. Any goal left on site will be removed and stored until a removal/storage fee of $75.00 is paid. R1-13. PEERS PARK AND JOHNSON PARK VOLLEYBALL USE Any person or group playing volleyball or related game at Peers or Johnson Parks shall do so according to the following rules: A. Drop-in volleyball or related game play is permitted only in the posted area at Johnson Park or on the north end of Peers Park. B. The volleyball area may be reserved for volleyball play, by permit, only on the first Saturday and first Thursday of each month. The director may make additional weekend days available for reservation during the months of June, July and August. R1-14. SKATEBOARD FACILITY The Skateboard Facility, located in John Lucas Greer Park, is for skateboard use only. Use of roller blades, scooters, bicycles, or any other equipment other than skateboards is prohibited. Any person using or playing upon the skateboard facility shall do so according to the following rules: A. Each person skateboarding in the Skateboard Facility must wear a helmet, elbow pads and knee pads. B. Use of roller blades, scooters, bicycles, or any other equipment, other than skateboards is prohibited. C. No more than seven persons shall skate in the bowl at any given time. D. No person shall do a body flip while riding a skateboard. E. No person shall ride a skateboard facing entirely backwards. F. Two or more persons may not ride on the same skateboard. G. No person shall ride a skateboard on their knees. H. No person shall cause a skateboard to shoot out away from their feet or body. I. No persons shall skateboard in tandem within three (3) feet in front or behind another rider. J. No glass containers are allowed in the facility. K. No skateboarding is allowed when the facility is wet or while it is raining. L. Trash receptacles are to be used to dispose of waste or any other unwanted items. No person shall use, remain in or enter the Skateboard Facility outside of regular park hours between 10:30 PM and sunrise (PAMC 22.04.320). No person shall enter or remain in the Skateboard Facility when that facility is posted as being closed, whether such closure is because of excess moisture or hazard or for any other reason. R1-15. GOLF COURSE Any person or group using or playing upon the golf course shall do so according to the following rules: Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 31  Packet Pg. 95 of 368  A. No person shall use the golf course, or any portion thereof, without first having obtained a receipt or other written authorization in due form so to do. B. No golf player shall cut in on, or double back over, any portion of the course, or to play upon the course without a receipt duly issued for the round being played. C. No golf player shall refuse to or fail to show such golf receipt or other written authorization to any employee connected with the municipal golf course, when requested to do so. D. No person shall willfully or maliciously injure any turf on the golf course or in any way destroy or injure property thereon or remove property or equipment from the golf course. E. Privately owned power golf carts are not allowed to be used on the municipal golf course. R1-16. SWIMMING No person shall swim, bathe or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the director. No person shall use, remain in or enter the Rinconada Pool facility between the hours listed as follows: January 1 through June 15 9:00 PM – 6:00 AM. June 16 through December 31 10:00 PM – 6:00 AM. Rules for the safe use of the Rinconada Swimming complex: A. Children 7 years of age and younger must be directly supervised by a chaperone 16 years of age or older. Chaperones must wear a swimsuit, accompany the child in the water and be within arm’s length at all times. Children may not be left unattended in the facility at any time. B. All swimmers must wear swimsuits. Clothing including undergarments is not permitted. Clean overshirts are permitted for modesty or sun protection as long as they are worn over swimsuits. Infants and toddlers who are not yet toilet trained must wear swim diapers. C. Flotation devices including water wings, padded swimsuits and inner tubes are not permitted except US Coast Guard approved lifejackets. D. Flippers, snorkel masks, and hard balls are not permitted. E. All persons entering the facility must pay, including those not intending to swim, except children 2 years of age and younger. F. Patrons must pay again to re-enter the facility after leaving. G. Walk at all times on the pool deck. H. Bicycles, rollerblades, scooters, and skateboards are not permitted on the pool deck. I. Dogs, cats and other animals are not permitted on the pool deck (does not apply to service animals as defined by state and federal law). J. Fighting, roughhousing, chicken fighting, screaming, profane language, and pretending to drown is not permitted in the facility. K. Patrons are not permitted to sit on guard chairs, lane lines, starting blocks or railings. L. Barbecues, alcohol and glass/breakable containers are not permitted in the Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 32  Packet Pg. 96 of 368  facility. M. Food and drinks must be consumed at picnic tables, on grass and farther than 10 feet from poolside. N. Heed instructions from Lifeguards and overhead announcements at all times. O. Aquatics staff reserves the right to ask anyone who violates these rules to leave the facility. P. To maintain a safe environment, pool rules are subject to change at any time. Lap Pool: A. Swimmers must be able to swim competently for at least one lap to enter the deep end and/or use the diving boards. Lifeguards have sole discretion. Please ask for a swim test. B. Lap swimmers using lap lanes during recreation swim may use flippers, kickboards and snorkels as needed. Flippers, kickboards and snorkels are not permitted outside of the lap swim lanes. Non-lap swimmers are not permitted to swim across lap lanes. Diving boards: A. One person on the board and ladder at a time. B. Wait to dive until area is clear. C. Walk or perform a proper diving approach. Do not run on the diving board. D. Bounce only once and jump/dive off the end of the board facing forward. E. Divers may not jump to anyone in the pool and must swim to the wall unassisted. After diving, swim out toward the closest ladder. Do not swim under, between or in front of the diving boards. Wading Pool: A. Swimmers must be able to reach the foot pedals to use the “Aquaducks.” Pedaling with hands is not permitted. B. Swimmers may not sit on or otherwise block the water pressure of the fountains. Slide: A. Swimmers must be no taller than the slide to use it. B. One person is permitted on the slide and ladder at a time. Form line on the ground. C. Do not stand, jump or push other swimmers off the top of the slide. D. Swimmers must go down slide sitting, feet first. R1-17. BOAT USE The dock at Foothills Park and the sailing platform at the Baylands Nature Preserve is intended for the hand launching of canoes, kayaks, small inflatable boats and boats less than sixteen feet in length. The launching of any larger vessel is prohibited. While hand carts may be used to carry boats from the parking lot to the dock or sailing platform, hand carts or other personal equipment may not be used on the docks or left unattended in the immediate vicinity of the dock or sailing platform. Items left unattended will be impounded by a park ranger or police officer. A. Sail boards, sail craft and motorized boats are prohibited on Boronda Lake in Foothills Park. Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 33  Packet Pg. 97 of 368  R1-18. BICYCLES, SKATEBOARDS AND ROLLER SKATES A. Bicycles are prohibited on unpaved trails of Foothills Park. Skateboards, roller skates or blades, scooters, and other coasting devices are prohibited in Foothills Park. B. Bicycles are prohibited on unpaved trails of Open Space parks and preserves, unless designated for bike access within the Pearson-Arastradero and Baylands Preserves. Skateboards, roller skates or blades, or other coasting devices are prohibited in Open Space parks and preserves, except on paved, multi-use bike paths. C. Helmets: No person shall operate a bicycle or similar device on Parks or Open Space preserves without wearing an A.N.S.I. or Snell-approved bicycle helmet for head protection. No parent or guardian shall allow any child under the age of 18 to ride a bicycle without a helmet. D. Unsafe operation: No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall ride in or upon a portion of a bicycle not intended for passengers. No person shall operate a bicycle while wearing earphones that interfere with hearing ambient noise. E. No person shall leave a bicycle, scooter or skateboard in any place or position where other persons may trip over or be injured by it. R1-19. HUMAN FLIGHT No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into park or Open Space, except by written permit in designated areas. R1-20. TRAIL USE SPEED LIMITS The maximum speed for all trail uses is 15 miles per hour, unless a lesser maximum speed is posted, and no person shall exceed the maximum speed on any trail; however, no person shall operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. R1-20A. USE OF DESIGNATED TRAILS, PATHS AND RECREATIONAL LAWN AREAS IN OPEN SPACE LANDS No person other than authorized City staff or other persons specifically authorized by City staff shall walk, run or tread in any Open Space lands except on designated trails, paths, recreational lawn areas or roads, unless expressly permitted to do so pursuant to park regulations or a special use permit. “Designated trails” is defined as those trails which appear on current City of Palo Alto park maps, planning documents, trail guides and/or those trails marked with City directional signs. R1-21. COMMERCIAL ACTIVITIES AND SOLICITATION Commercial activities are prohibited in Parks and Open Space lands unless they are associated with and supportive of City programs or City-sponsored activities for which a permit has been issued by the Director. Persons soliciting for donations or engaging in Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 34  Packet Pg. 98 of 368  commercial activities approved by the Director shall comply with all applicable laws, including those requirements for permits issued under Title 4 of the Palo Alto Municipal Code as applicable. R1-21A. COMMERCIAL PHOTOGRAPHY AND FILMING No person shall photograph or film for commercial purposes in City Parks or Open Space except pursuant to a permit authorizing such activity or except for those activities associated with and supportive of City programs or City-sponsored events. For the purpose of this section, “photograph or film for commercial purposes” means the recording, on any medium, of still or motion images that involves the use of professional models or commercial articles filmed or photographed for the purpose of commercial advertising, or the use professional casts, settings, or crews in any motion picture, television, or similar production. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news, or for small photo or film events, consisting of a single photographer or videographer with a total group size of no more than 24 persons (permit is required for exclusive use of any area of park land), as long as all other rules and regulations are followed. A. Applications shall be submitted not less than ten (10) working days before the proposed use. B. No sound amplification equipment, which will disturb the peace, may be used in connection with any photo shoot, except when used by City employees or safety officers for purposes of crowd control. C. No permit shall be granted for any event between the hours of 8:00 PM and 9:00 AM without the prior approval of the Director. D. No permit shall be granted when the closure would result in hampering prompt access to an area or location by emergency vehicles. E. Wherever appropriate, the City will require the applicant to provide and erect barricades according to City specifications for public safety. The person or persons making the application shall be responsible for placing and dismantling all barricades. All barricades shall be removed within one-half (1/2) hour of the ending time of the event. Barricades shall also be immediately removed upon request of any authorized officer or employee of the City. In some situations, the Permittee may be required by the City to provide traffic control and a qualified flag person if City streets or parking lots are involved. R1-22. RESTROOMS Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males; except, this shall not apply to persons with special needs or their accompanying attendants or children under the age of six years old who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for such person. R1-23. UNAUTHORIZED USE OF KEYS OR LOCKS No person other than one acting under the direction of the Director shall duplicate or cause to be duplicated a key used by the department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 35  Packet Pg. 99 of 368  to any unauthorized person. No person, other than the one acting under the direction of the director, shall use a key to access any Park and/or Open Space facilities. The director may issue keys to user groups. Said user groups must use the keys for permitted activity only and return issued keys to the City upon completion of the activity. No person shall place a lock upon any gate or fence in any Park or Open Space area without prior permission from the Director. R1-24. WATER POLLUTION While within the boundaries of any park facility, no person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water or in any tributary, stream or drain flowing into such waters any substance, matter or thing, liquid or solid, including but without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, plant material, food matter, fiber and plastics. R1-25. HARMFUL SUBSTANCES No person shall possess, place, or apply any substance harmful to any person, property, wildlife, or vegetation on Park or Open Space lands. R1-26. LITTERING No person within any City Park, Open Space lands, and City operated community garden shall leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor. Disposing of garbage, trash, cans, bottles, papers or other refuse not generated within City Park or Open Space lands is prohibited. PAMC 22.04.230. R1-27. DISPOSAL OF EFFLUENT No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. R1-28. SMOKING No person shall smoke any substance in any public places or any area that is within twenty feet of bleachers, backstops, or play structures or any area designated as a playground, nature trail or nature area or in or on any park facility where smoking is posted as being prohibited. Pursuant to Palo Alto Municipal Ordinance 9.14.010 (i), public places are defined as: "Public places" means enclosed areas within publicly and privately-owned buildings, structures, facilities, or complexes that are open to, used by, or accessible to the general public. Public places include, but are not limited to, stores, banks, eating establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums, enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy facilities), automotive service centers, general business offices, nonprofit entity offices and libraries. Public places further include, but are not limited to, hallways, restrooms, stairways, escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture rooms, buses, or other enclosed places that are open to, used by, or accessible to the general public. Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 36  Packet Pg. 100 of 368  R1-29. FIREWORKS No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of Park or Open Space lands any firecrackers, missiles, rockets, fireworks, or explosives. R1-30. ANIMALS No person other than public or peace officers, rangers, city naturalists, animal control officers in the discharge of their duties shall: A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal within the boundaries of any park facility, nor remove nor have in his possession the young, eggs or nest of any such creature; B. Abandon any animal, dead or alive, within any park facility; C. Remove any animal not his own from within any park facility; exception is made to the foregoing in that proper season, fish may by fished and removed from areas designated for fishing by licensed persons, in accordance with the California Fish and Game Code and other related laws, and boarded horses may be removed from a park facility, upon proper notification to the department; D. Bring into or maintain in or upon any park facility any dog, cat or other animal unless such animal at all times is kept on a leash (extended no further than six (6) feet while in Open Space lands) and under full control of its owner or custodian; provided, however, the Director may designate areas and times within which persons may exercise, show, demonstrate or train unleashed animals under full control or their owners or custodians. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on Parks or Open Space land. PAMC 22.04.155 E. Permit cattle, sheep, goats, pigs, or other animals owned by him/her or in his/her possession to graze within the boundaries of any park facility without express approval of the director; F. No person shall keep or raise cattle, horses, sheep, or other livestock on Park or Open Space land, unless pursuant to a lease, license, or other entitlement of use granted by the City of Palo Alto. G. Ride or lead a horse, pony, mule, burro or other animal onto or over any park facility, other than at times and upon roads or trails designated for riding of animals; except with approval of the Director. H. No person owning or having custody or control of any dog shall permit such dog to defecate on any public street, sidewalk, park or parkway without immediately removing the resulting excrement at the time of occurrence. The excrement so removed shall not be disposed of on any property listed in this chapter except in public refuse receptacles. Persons using service animals are exempt from this section. I. No person owning or harboring any dog or other animal shall allow or permit such dog or animal to swim, bathe or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the Director. Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 37  Packet Pg. 101 of 368  R1-31. NUISANCE DOGS No person shall allow or have on Park or Open Space land a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, bearing of teeth, or challenging in any manner, people, animals, or property. PAMC 6.20.040 Care should be taken with leashed pets in playgrounds to ensure that their presence does not impact children’s use and they should be removed upon request from other playground users. R1-32. DOG EXERCISE AREA A. Dogs may be allowed off leash only within the designated dog exercise areas in Hoover Park, Greer Park, Mitchell Park, and Peers Park. B. Dogs must be licensed, vaccinated, and wearing a collar with ID and license tag. C. Dogs must be leashed until safely inside the dog park and returned to a leash prior to exiting. D. Dog owners must remain in the fenced area and monitor and manage their dogs at all times. E. Dogs behaving aggressively must be removed from the dog park immediately. F. Dog waste must be picked up. G. Children accompanying dog owners must be closely supervised. H. No more than three dogs per person. I. No food or alcohol. J. The small dog section is for dogs 25lb and less. The mixed size dog section is for both large and small dogs. (Applicable at dog parks with this option.) K. Dog Park Hours are 7:00 AM to 9:00 PM. L. The City of Palo Alto assumes no liability for the users of this area. Use these facilities at your own risk. R1-33. UNAUTHORIZED CONSTRUCTION ACTIVITIES No person shall deposit any earth, sand, rock, stone or other substance within any park facility, nor shall he/she dig or remove any such material from within any park facility, nor shall he/she erect or attempt to erect any building, wharf or structure of any kind by driving or setting up posts or piles, nor in any manner appropriate or encumber any portion of the real property owned by, operated, controlled or managed by the department without a permit from the director. R1-34. USE OF UTILITIES A. Electrical, phone, data communication, and cable receptacles in Parks and Open Space may only be used or accessed for private use within the terms of a special use permit granted by the Community Services Department. B. Gas fixtures, water faucet spigots and irrigation water outlets that require a key or opening device in Parks and Open Space may only be used or accessed for private use within the terms of a special use permit granted by the Community Services Department. C. Sanitary sewers or storm drains in Parks or Open Space areas may not be used for the clean-out of personal septic systems under any circumstances. Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 38  Packet Pg. 102 of 368  R1-35. GATHERING WOOD IN OPEN SPACE AREAS Gathering wood from or possessing wood that has been gathered from Open Space areas is not permitted. R1-36. PARKING RESTRICTIONS No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or City employee, in any of the following places: A. In areas where prohibited by "NO PARKING" or “FIRE LANE - DO NOT BLOCK” signs. B. On any fire trail. C. On any equestrian or hiking trail. D. In such a place or manner as would block or obstruct any gate, entrance, or exit. E. In such a place or manner as to take up more than one marked parking space in any authorized parking area. F. In such a place or manner as to block or obstruct the free flow of traffic. G. Within 15 feet of a fire hydrant. H. Adjacent to any curb painted red. I. In any Park or Open Space land after sunset except pursuant to a written permit. J. In areas signed for permit parking on Park or Open Space land without a written permit. K. In any other place on Park or Open Space land not designated by the City as an authorized area. The gravel parking lot at the Towle Campground at Foothills Park may only be used for parking by persons with camping reservations. There is a limit of 2 vehicles for the eight person campsites and 4 vehicles for sixteen-person campsites. The parking area is restricted to passenger vehicles and small trucks. Recreational vehicles, trailers or other self-contained vehicles (regardless of size, weight or number of axles) are not allowed in the Towle Campground parking lot or beyond the gate at the edge of Orchard Glen Picnic Area. Recreation vehicles or other self-contained vehicles may not be parked in Foothills Park over-night. Non-camping guests should park in the available day-use parking lots. R1-37. OPERATION OF MOTOR VEHICLES No person shall operate, propel, or leave standing any motor vehicle on Park or Open Space land, except: A. Emergency vehicles operated within the scope of official use. B. Upon roads, trails, or paths, which may from time to time be set aside and posted by the City for the use of specifically designated vehicles. C. Upon roads and parking areas open to the public during regular open hours. D. Motor vehicle includes, but is not limited to, any vehicle as defined by section 415 and/or 670 of the California Vehicle Code, motorcycles, off-road vehicles, "dirt bikes", and similar vehicles. This section shall apply to all motorized bicycles, carts, scooters, hoverboards, skateboards, and electric personal assistive mobility devices (Segway or similar device) Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 39  Packet Pg. 103 of 368  except those devices used by disabled persons. R1-37A. VEHICLE WEIGHT LIMIT ON BAYLANDS ROADS AND PARKING LOTS No person shall operate or park any vehicle in excess of 6,000 pounds weight on any roads or within any parking lot of the City-owned Baylands or John Fletcher Byxbee Recreational Areas. R1-38. VIOLATION – PENALTY A. The Director shall have authority to revoke a permit upon a finding of violation by the permittee or persons acting under the permit of any regulation contained in this chapter or upon a finding of violation of other City ordinance or law of this state in the exercise of the permit. B. The Director or designee shall have the authority to eject from any park facility any person acting in violation of regulations contained in this chapter. R1-39. PLAYGROUNDS No person shall use personal exercise equipment, including dumbbells and exercise straps, at any playground if it inhibits children from using the playground, or if the exercise equipment negatively impacts the playground surfacing or equipment. R1-40. COMMUNITY GARDENS The City of Palo Alto provides, subject to availability and a license agreement, space for Palo Alto residents to enjoy organic gardening. All persons visiting the Community Gardens must comply with the following rules: A. No dogs are allowed within the fenced area of any garden location except service dogs. PAMC 6.16.100 B. No smoking inside the Community Garden area or on pathways around the garden. PAMC 9.14.050 C. Garden visitors must stay on designated paths, and refrain from picking any produce or flowers subject to PAMC 22.04.270. D. Wood chips at the garden are supplied only for the plot renters at the Community Garden for use within the Community Garden and shall not be removed by unauthorized persons. E. Compost bins are for Community Gardeners use only subject to PAMC 5.20.030. The Director may promulgate guidelines for the registration and use of the community gardens that do not conflict with these rules. R1-41. SIDEWALK VENDORS A. These regulations related to sidewalk vendors implement SB 946 (2018) as codified at Govt. Code 51036 et seq. “Sidewalk vendor” in this regulation shall have the same meaning as that in Govt. Code section 51036. B. Sidewalk vendors shall not operate in the following areas in Palo Alto parks: 1. Maintenance or storage yards; 2. Parking lots, parking stalls or designated parking areas; 3. Trails less than 8 feet wide; Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 40  Packet Pg. 104 of 368  4. Grass, synthetic turf, synthetic track and vegetated areas. (Vendors may only be on hardscape areas such as asphalt, concrete, decomposed granite, and dirt trails that are at least 8-feet wide); 5. Recreation areas designated for specific sports or activities (playing fields, courts, skateparks, etc.); 6. In any location that interferes in any way with anyone engaged in a physical activity or entering onto any playing field, sport, or similar facility for use by participants or approaching spectators who are watching a sporting activity; 7. Within 100 feet of any building, recreation center, senior center, bathroom, structure, or playground. Sidewalk vendors must not in any way impact the use and operation of these facilities; 8. Anywhere in the Baylands Athletic Center and Stanford Palo Alto Playing Fields when snack shacks are open for business and are designated by the City as an exclusive concession; 9. Within 5 feet of park benches; 10. Within 25 feet of picnic tables; 11. Within 25 feet of any fountain, monument, or art installation; 12. Any park or open space area that has an exclusive permitted food provider (e.g. the Baylands Golf Links); and 13. Any portion of a park or open space within 250-feet of any school site during instructional hours; C. Sidewalk vendors operating in the following open space areas are permitted only in the areas specifically designated as follows: 1. Baylands Nature Preserve In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors. Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 41  Packet Pg. 105 of 368  In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors. Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 42  Packet Pg. 106 of 368  In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors. 2. Esther Clark Park There are no locations for sidewalk vendors at Esther Clark Park. Esther Clark Park has no areas that allow for sidewalk vending due the fact it has no sidewalk or paved areas, as well as its location in a single-family residential neighborhood. The park is undeveloped and has no parking lots. 3. Foothills Nature Preserve In the following area of the Foothills Nature Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors. 4. Pearson Arastradero Preserve Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 43  Packet Pg. 107 of 368  In the following area of the Pearson Arastradero Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors and reduce available parking. D. Sidewalk vendors in all park and open space areas shall comply with the following: 1. Sidewalk vending (including set-up and clean-up) is permitted only between 9:00 A.M. and 30 minutes prior to sunset and must vacate the park by sunset. 2. No vending conveyance, stand, or pushcart shall touch, lean against, or be affixed to any lamp post, parking meter, mailbox, traffic signal, picnic table, fire hydrant, tree, plant, planter box, rock formation, bench, bus shelter, or trash can. 3. Nothing in these regulations authorizes vending of personal services including but not limited to boot camps, massage services, yoga, dog training, animal rides, petting zoos, or sports/fitness classes. 4. Cannot sell products whose use is prohibited in the park, including tobacco and cannabis. 5. Cannot sell unsanitary or unsafe, dangerous, or harmful food, beverage, or merchandise. Including archery equipment, knives, sling shots, or any objects that appear to be weapons, such as squirt guns, toy guns, or toy knives. 6. Are responsible for clean-up, storage, and subsequent removal from the park or preserve of any waste, food items, package, litter, or materials occurring because of or related to their vending activity. 7. Are prohibited from placing any liquid or solid waste in park trash cans, including dumping ice on park property. Vendors must pack out their garbage and waste, including grease. 8. Are prohibited from hooking up to or using any water, electrical, or gas outlets for the sale of their food or merchandise. 9. Are prohibited from using park benches and picnic tables. 10. For parks, the number of vendors per park are limited (a) to two (2) vendors per acre and not within 25 feet of another vendor, and (b) not to exceed eight (8) at any one time. For open space areas, only one vendor at a time is Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 44  Packet Pg. 108 of 368  allowed in the designated area (see maps) 11. Vending in park shall be on a first come first available basis. 12. Vending is prohibited during any City sponsored or permitted special event (e.g., festival, concert, movie night, class, carnival, parade, running event, class, or other permitted activity). 13. In open space areas, sidewalk vendors shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instruments for the purpose of attracting the attention of potential patrons. APPROVED: City Manager Date: Director, Community Services Adopted by City Council June 24, 2002; Revised June 28, 2004; Revised January 24, 2005. Revised February 3, 2006. Revised April 14, 2008. Revised March 14, 2011. Revised November 19, 2012 Revised May 20, 2013, Revised March 5, 2018, Revised February 2, 2021. Item 4 Attachment B - Adopted Park regulations- September-28-2021        Item 4: Staff Report Pg. 45  Packet Pg. 109 of 368  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: December 11, 2023 Report #:2311-2283 TITLE Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3). RECOMMENDATION Staff recommends that the City Council: 1. Adopt an urgency ordinance (Attachment A) that would be effective immediately and allow the director of planning and development services to extend expiring housing- related planning entitlements up to 18 months. 2. Adopt an interim ordinance (Attachment B) that would replace the urgency ordinance after 45 days, granting this authority through calendar year 2024. BACKGROUND The director of planning and development services requests Council authorization to extend housing development planning entitlements up to an additional 18 months. This request is made to address two known projects representing 105 housing units that are set to expire in December 2023 and January 2024. The City is relying on these projects in part to meet its regional housing needs assessment and they are identified as qualifying pipeline projects in the Housing Element. While expiration of the planning entitlements would not foreclose the opportunity for the City to continue to apply these sites in the Housing Element, the need to re- entitle the projects may delay housing production. The authority granted by these ordinances would expire on December 31, 2024. Staff presented the subject recommendation to the Policy and Services Committee on November 14, 2023.1 The Committee endorsed the recommendation 3-0, with a slight 1 Staff Report, dated November 14, 2023: https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3386&meetingTemplateType=2&comp iledMeetingDocumentId=8402. Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 1  Packet Pg. 110 of 368  adjustment to eliminate a reference that the authorization would sunset when the state housing and community development department certified the City's housing element. This reference was found to be unnecessary and removed from the ordinance. Because the Committee was unanimous in its recommendation and due to the time constraints associated with the pending entitlements, staff is placing the first reading ordinance on the Consent Calendar. Three members of the City Council may choose to pull the matter from the agenda in accordance with the City Council’s procedures and protocols handbook, if found to be necessary. ANALYSIS FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 2  Packet Pg. 111 of 368  ENVIRONMENTAL REVIEW The recommendation in this report is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen with certainty that the proposed action would not have the potential for causing an impact on the environment. ATTACHMENTS Attachment A: Urgency Ordinance Authorizing Extensions for Housing Attachment B: Ordinance Authorizing Extensions for Housing Projects Attachment C: Property Owner Representative Letter Regarding 788 San Antonio Road APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 3  Packet Pg. 112 of 368  *NOT YET ADOPTED* Attachment A 1 0160129_20231128_ay16 Ordinance No. _____ Emergency Ordinance of the Council of the City of Palo Alto Temporarily Authorizing the Director of Planning and Development Services to Extend the Validity of Planning Entitlements for Housing Development Projects 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. Pursuant to state law, the City of Palo Alto (City) was assigned a regional housing need allocation (RHNA) of 6,086 housing units for the 2023-2031 planning period, comprised of 1,556 very-low income units, 896 low-income units, 1,013 moderate-income units, and 2,621 above moderate-income units; and B. In accordance with state law and to further the City’s goals of producing housing, the City Council adopted the City of Palo Alto 2023-2031 Housing Element on May 8, 2023. C. Construction of housing units that have been previously approved is an essential factor in meeting the City’s RHNA and Housing Element goals. D. Changes in economic conditions and other factors may result in a delay in construction of housing units following approval by the City. E. Pursuant to Palo Alto Municipal Code section 18.77.090, planning permits and approvals shall expire within 12 months, or within the time provided in the permit or approval, unless the proposed use of the site or construction of buildings has commenced. In addition, the Planning Director is authorized to extend this time for up to 12 additional months. F. In order to permit maximum flexibility for property owners who obtain or have obtained planning permits or approvals for Housing Development Projects, as defined in Government Code Section 65589.5, the City Council desires to authorize the Planning Director to issue further extensions of time before a planning permit or approval will expire. G. The City Council declares that this emergency ordinance is necessary as an emergency measure to preserve the public peace, health or safety by promoting the development of much-needed housing in Palo Alto, in particular because one or more planning permits or approvals for Housing Development Projects may expire in the near future. SECTION 2. Notwithstanding Section 18.77.090 of the Palo Alto Municipal Code or the provisions of any planning permit or approval, the Director of Planning and Development Services Item 5 Attachment A - Urgency Ordinance Authorizing Extensions for Housing        Item 5: Staff Report Pg. 4  Packet Pg. 113 of 368  *NOT YET ADOPTED* Attachment A 2 0160129_20231128_ay16 is authorized, in his or her sole discretion, to extend the duration of a planning permit or approval for a Housing Development Project, as defined in Government Code Section 65589.5, by an additional eighteen (18) months beyond the expiration date that would otherwise apply. The authority granted herein shall be effective until December 31, 2024. SECTION 3. 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 with certainty that that the extension of a planning entitlement will not have a significant impact on the environment. SECTION 4. This Ordinance shall be effective immediately upon adoption and, unless repealed or extended by the City Council, shall remain in effect for 45 days, or until a replacement ordinance becomes effective, whichever comes first. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services Item 5 Attachment A - Urgency Ordinance Authorizing Extensions for Housing        Item 5: Staff Report Pg. 5  Packet Pg. 114 of 368  NOT YET ADOPTED Attachment B 1 0160130_20231128_ay16 Ordinance No. _____ Interim Ordinance of the Council of the City of Palo Alto Temporarily Authorizing the Director of Planning and Development Services to Extend the Validity of Planning Entitlements for Housing Development Projects 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. Pursuant to state law, the City of Palo Alto (City) was assigned a regional housing need allocation (RHNA) of 6,086 housing units for the 2023-2031 planning period, comprised of 1,556 very-low income units, 896 low-income units, 1,013 moderate-income units, and 2,621 above moderate-income units; and B. In accordance with state law and to further the City’s goals of producing housing, the City Council adopted the City of Palo Alto 2023-2031 Housing Element on May 8, 2023. C. Construction of housing units that have been previously approved is an essential factor in meeting the City’s RHNA and Housing Element goals. D. Changes in economic conditions and other factors may result in a delay in construction of housing units following approval by the City. E. Pursuant to Palo Alto Municipal Code section 18.77.090, planning permits and approvals shall expire within 12 months, or within the time provided in the permit or approval, unless the proposed use of the site or construction of buildings has commenced. In addition, the Planning Director is authorized to extend this time for up to 12 additional months. F. In order to permit maximum flexibility for property owners who obtain or have obtained planning approvals that are in danger of expiration, the City Council desires to authorize the Planning Director to issue further extensions of time before a planning permit or approval will expire. SECTION 2. Notwithstanding Section 18.77.090 of the Palo Alto Municipal Code or the provisions of any planning permit or approval, the Director of Planning and Development Services is authorized, in his or her sole discretion, to extend the duration of a planning permit or approval for a Housing Development Project, as defined in Government Code Section 65589.5, by an additional eighteen (18) months beyond the expiration date that would otherwise apply. The authority granted herein shall be effective only until December 31, 2024. Item 5 Attachment B - Ordinance Authorizing Extensions for Housing Projects        Item 5: Staff Report Pg. 6  Packet Pg. 115 of 368  NOT YET ADOPTED Attachment B 2 0160130_20231128_ay16 SECTION 3. 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 with certainty that that the extension of a planning entitlement will not have a significant impact on the environment. SECTION 4. This ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire on December 31, 2024. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services Item 5 Attachment B - Ordinance Authorizing Extensions for Housing Projects        Item 5: Staff Report Pg. 7  Packet Pg. 116 of 368  4601 Park Road, Charlotte, NC 28209 T. 704 372 5616 F. 704 372 9882 117 Edinburgh S Drive, Cary, NC 27511 T. 919 461 3950 F. 919 461 3939 500 W 5th Street, Winston-Salem, NC 27101 T. 336 923 7650 F. 336 777 0624 47 Perimeter Center East, Atlanta, GA 30346 T. 770 604 3387 F. 770 604 3959 grubbproperties.com Grubb Properties, LLC 4601 Park Road, Suite 450 Charlotte, NC 28209 October 18, 2023 Jonathan Lait, Director of Planning Planning and Community Environment Department 250 Hamilton Avenue Palo Alto, CA 94301 jonathan.lait@cityofpaloalto.org RE: Entitlement Extension Request for 788 San Antonio Road Project Dear Mr. Lait, On July 27, 2022, Grubb Properties acquired the property located at 788 San Antonio Road with an existing entitlement in place for that certain 102-unit housing project that was approved by City Council on 11/16/2020. Since that acquisition, Grubb made a good faith effort to see that project through as entitled and submitted the building permit application that December 2022. Amid worsening economic conditions in the construction financing sector unfolding across the country, Grubb subsequently made the decision to put the building permit application process on hold in April 2023 and sought to work with your Planning Department to find comprehensive solutions to maintain the economic viability of this housing project. As that process continues, the entitlement expiration of January 06, 2024 is approaching and we respectfully submit this request for an 18-month extension to July 06, 2025. Approval of this request allows our respective parties to continue coordination efforts on the feasibility of this housing project at 788 San Antonio Road. We appreciate your prompt consideration of this request. Sincerely, Megan Watson Director, Development Grubb Properties, LLC mwatson@grubbproperties.com CC: Ted O’Hanlon, Consulting Project Manager Item 5 Attachment C - Property Owner Representative Letter Regarding 788 San Antonio Road        Item 5: Staff Report Pg. 8  Packet Pg. 117 of 368  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: December 11, 2023 Report #:2311-2265 TITLE SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5-1-1, Kou no, Veenker recused and PASSED 6-1, Kou no) RECOMMENDATION Staff recommends that Council adopt an ordinance amending Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) (Attachment B) to implement Program 1.1A and 1.1B of the Housing Element regarding the Adequate Sites Inventory. Staff also recommends that Council adopt a resolution (Attachment A) making corresponding changes to the Land Use and Design Element of the Comprehensive Plan. ANALYSIS This item was heard by the City Council on November 13, 2023 for a first reading. The portion of the ordinance pertaining to Stanford University lands was approved 5-1-1, Kou no, Veenker recuse, with the modifications specified below. The remainder of the ordinance and was approved 6-1, Kou no. The table below identifies additional actions taken by Council related to the Housing Focus Area and Pasteur Drive site, and how it is addressed in the ordinance (Attachment B). 11/13/23 Council Motion and Subsequent Modifications to Ordinance Council Motion Revision to Ordinance 1. Refer expansion of the El Camino Real Housing focus area to staff for further analysis and return to Council with a recommendation. None. This assignment will be prioritized during the Council’s objectives priority setting session in Q1 2024. Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 1  Packet Pg. 118 of 368  2. Exempt parapets and guardrails from height limits in the El Camino Real Housing Focus Area and Pasteur Drive. Added exemption. 3. Remove the 18.14.020(c)(5)(C) regarding Stanford affiliation, and refer to staff and the Stanford Ad Hoc for further dialogue. Removed affiliation requirement. 4. Amend 18.14.020 Table 3, upper story stepback to state a 20-foot average stepback from the property line, with a minimum stepback of 15-feet, and any additional requirements identified by staff to meet this intent contingent on meeting fire safety standards and as an alternative to the 15- foot stepback direct staff evaluate for inclusion of a standard that would require an appropriate stepback from the front façade. Revised El Camino Real frontage stepback standard above 55 feet to require: •20-foot average setback from the property line; and •6-foot minimum stepback from the lower façade, for at least 70% of the façade (similar to the existing objective design standard to regulate contextual height, to have consistency across regulations) Added illustrative graphic. The City Council also directed staff to review proposed amendments to PAMC 18.16.040(b) and 18.16.060 regarding Redwood residences as described in the November 7, 2023 from Kristi Bascom. This too will be considered for prioritization relative to other Council interests in Q1 2024. The staff report for the November 13, 2023 hearing showed the proposed changes to the Land Use and Design Element of the Comprehensive Plan, but inadvertently omitted the actual resolution adopting those changes. Accordingly, the resolution is included here as Attachment A for Council adoption. FISCAL/RESOURCE IMPACT This action has no fiscal impact as it can be performed with current adopted staffing levels. ATTACHMENTS Attachment A: Resolution Amending the Land Use and Design Element of the Comprehensive Plan Attachment B: Ordinance Adopting Amendments to Title 18 to Implement Housing Element Program 1.1 APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 2  Packet Pg. 119 of 368  *NOT YET APPROVED* Attachment A 1 0160128_20231117_ay16 Resolution No. ____ Resolution of the Council of the City of Palo Alto Amending the Land Use and Design Element of the City of Palo Alto Comprehensive Plan to Reflect Policies and Programs adopted in the 2023-2031 Housing Element and Related Updates to the Zoning Code. R E C I T A L S A. On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Section 65585. B. Program 1.1A of the Housing Element provides for amendments to the zoning ordinance that are necessary to accommodate the City’s Regional Housing Needs Allocation (“RHNA”) on the inventory of housing opportunity sites provided in Appendix D to the Housing Element. C. Program 1.1B of the Housing Element provides for additional amendments to the zoning ordinance for ROLM and GM zoned properties that exceed those required under Program 1.1A. D. On December XX, 2023, the City Council adopted an ordinance amending Title 18 (Zoning) of the Palo Alto Municipal Code to implement Programs 1.1A and 1.1B of the Housing Element. E. The updates contemplated in Programs 1.1A and 1.1B of the Housing Element also require related changes to the Land Use and Design Element of the Comprehensive Plan. F. In order to maintain consistency with the between the Land Use and Design and Housing Elements of the Comprehensive Plan, and between the Comprehensive Plan and the Palo Alto Municipal Code, the City Council desires to amend the Land Use and Design Element of the Comprehensive Plan. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City Council finds that the public interest, health, safety and welfare of Palo Alto and the surrounding region would be furthered by Text Amendments to the Land Use and Community Design Element. Item 6 Attachment A - Resolution Amending Land Use and Design Element to Reflect Policies and Programs in 2023-2031 Housing Element and Related Updates to Zoning Code        Item 6: Staff Report Pg. 3  Packet Pg. 120 of 368  *NOT YET APPROVED* Attachment A 2 0160128_20231117_ay16 SECTION 2. The proposed Land Use and Community Design Text Amendments are consistent with the following goals and policies of the Comprehensive Plan: Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. programs and policies of the Housing Element, which promote the production of much-needed housing in strategic locations throughout the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a production of housing in accordance with the Housing Element, which envisions urban infill development throughout the City. inventory of below market rate housing for purchase and rental. Work with neighbors, neighborhood associations, property owners and developers to identify barriers to infill development of below market rate and more affordable market rate housing and to remove these barriers, as appropriate. Work with these same stakeholders to identify sites and facilitate opportunities for below market rate housing and housing that is Housing Element, including provision that promote the production of below market rate housing. Alto according to the land use definitions in this Element and Map L-6 with this policy and modify the land use definitions to align with past, current, and future address the needs of the community and manage change and development to production of housing, which is a local, regional, and statewide need. diverse, inclusive community, allow and encourage a mix of housing types and sizes, integrated into neighborhoods and designed for greater affordability, particularly smaller housing types, such as studios, co-housing, cottages, clustered housing, accessory dwelling Housing Element, which encourages the development of all types of housing. Item 6 Attachment A - Resolution Amending Land Use and Design Element to Reflect Policies and Programs in 2023-2031 Housing Element and Related Updates to Zoning Code        Item 6: Staff Report Pg. 4  Packet Pg. 121 of 368  *NOT YET APPROVED* Attachment A 3 0160128_20231117_ay16 mixed-use development consisting of production of housing in commercial land use SECTION 3. The City Council hereby amends Single-Family Residential land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined and deletions struck through): Single-Family Residential: This designation applies to residential neighborhoods primarily characterized by detached single-family homes, typically with one dwelling unit on each lot. Private and public schools and churches are conditional uses requiring permits. Accessory dwelling units or duplexes are allowed subject to certain size limitations and other development standards and duplexes may be allowed in select, limited areas where they would be compatible with neighborhood character and do not create traffic and parking problems. Multiple- Family uses may be permitted on Housing Element opportunity sites. The net density in single family areas will range from 1 to 7 units per acre, but rises to a maximum of 14 units per acre on parcels where second units or duplexes occur, except on Housing Element opportunity sites, for which higher density standards may be specified in the Zoning Ordinance. Population densities will range from 1 to 30 persons per acre. SECTION 4. The City Council hereby amends Multiple-Family Residential land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Multiple-Family Residential: The permitted number of housing units will vary by area, depending on existing land use, proximity to major streets and public transit, distance to shopping and environmental problems. Net densities will range from 8 to 40 units and 8 to 90 persons per acre, except on Housing Element opportunity sites, for which higher density standards may be specified in the Zoning Ordinance. Density should be on the lower end of the scale next to single-family residential areas. Densities higher than what is permitted may be allowed where measurable community benefits will be derived, services and facilities are available, and the net effect will be consistent with the Comprehensive Plan. Population densities will range up to 2.25 persons per unit by 2030. SECTION 5. The City Council hereby amends Neighborhood Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Item 6 Attachment A - Resolution Amending Land Use and Design Element to Reflect Policies and Programs in 2023-2031 Housing Element and Related Updates to Zoning Code        Item 6: Staff Report Pg. 5  Packet Pg. 122 of 368  *NOT YET APPROVED* Attachment A 4 0160128_20231117_ay16 Neighborhood Commercial: Includes shopping centers with offstreet parking or a cluster of street-front stores that serve the immediate neighborhood. Examples include Charleston Center, Edgewood Center and Midtown. Typical uses include supermarkets, bakeries, drugstores, variety stores, barber shops, restaurants, self- service laundries, dry cleaners and hardware stores. In locations along El Camino Real and Alma Street, residential and mixed use projects may also locate in this category. Non-residential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 6. The City Council hereby amends Regional/Community Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Regional/Community Commercial: Larger shopping centers and districts that have a wider variety of goods and services than the neighborhood shopping areas. They rely on larger trade areas and include such uses as department stores, bookstores, furniture stores, toy stores, apparel shops, restaurants, theaters and nonretail services such as offices and banks. Examples include Stanford Shopping Center, Town and Country Village and University Avenue/Downtown. Non-retail uses such as medical and dental offices may also locate in this designation; software development may also locate Downtown. In some locations, residential and mixed use projects may also locate in this category. Non-residential FARs range from 0.35 to 2.0. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 7. The City Council hereby amends Service Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Service Commercial: Facilities providing citywide and regional services and relying on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locations, residential and mixed-use projects may be appropriate in this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast Item 6 Attachment A - Resolution Amending Land Use and Design Element to Reflect Policies and Programs in 2023-2031 Housing Element and Related Updates to Zoning Code        Item 6: Staff Report Pg. 6  Packet Pg. 123 of 368  *NOT YET APPROVED* Attachment A 5 0160128_20231117_ay16 of the Bayshore Freeway. Nonresidential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 8. The City Council hereby amends Service Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Service Commercial: Facilities providing citywide and regional services and relying on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locations, residential and mixed-use projects may be appropriate in this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast of the Bayshore Freeway. Nonresidential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 9. The City Council hereby amends Mixed Use land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Mixed Use: The Mixed Use designation is intended to promote pedestrian- oriented places that layer compatible land uses, public amenities and utilities together at various scales and intensities. The designation allows for multiple functions within the same building or adjacent to one another in the same general vicinity to foster a mix of uses that encourages people to live, work, play and shop in close proximity. Most typically, mixed-use developments have retail on the ground floor and residences above. This category includes Live/Work, Retail/Office, Residential/Retail and Residential/Office development. FARs will range up to 1.15, although development located along transit corridors or near multi-modal centers will range up to 2.0 FAR with up to 3.0 FAR possible where higher FAR would be an incentive to meet community goals such as providing affordable housing. The FAR above 1.15 must be used for residential purposes. Up to 100% of FAR may be used for residential purposes in a Planned Community zone. Consistent with the Comprehensive Plan’s encouragement of housing near Item 6 Attachment A - Resolution Amending Land Use and Design Element to Reflect Policies and Programs in 2023-2031 Housing Element and Related Updates to Zoning Code        Item 6: Staff Report Pg. 7  Packet Pg. 124 of 368  *NOT YET APPROVED* Attachment A 6 0160128_20231117_ay16 transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 10. The City Council hereby amends Research/Office Park land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Research/Office Park: Office, research and manufacturing establishments whose operations are buffered from adjacent residential uses. Stanford Research Park is an example. Other uses that may be included are educational institutions and child care facilities. Compatible commercial service uses such as banks and restaurants and residential or mixed-uses that would benefit from the proximity to employment centers, will also be allowed. Additional uses, including retail services, commercial recreation, churches and private clubs may also be located in Research/Office Park areas, but only if they are found to be compatible with the surrounding area through the conditional use permit process. In some locations, residential and mixed-use projects may also locate in this category. Maximum allowable FAR ranges from 0.3 to 0.5, depending on site conditions. Consistent with the Comprehensive Plan, multi-family housing may be allowed in specific locations. On Housing Element opportunity sites, FAR will typically range from 1.25 to 2.5, as specified in the Zoning Ordinance. Higher FARs may be feasible within one-half mile of high quality transit, as specified in the Zoning Ordinance. SECTION 11. The City Council hereby amends Light Industrial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Light Industrial: Wholesale and storage warehouses and the manufacturing, processing, repairing and packaging of goods. Emission of fumes, noise, smoke, or other pollutants is strictly controlled. Examples include portions of the area south of Oregon Avenue between El Camino Real and Alma Street that historically have included these land uses, and the San Antonio Road industrial area. Compatible residential and mixed use projects may also be located in this category. FAR will range up to 0.5. On Housing Element opportunity sites, FAR will typically range from 1.5 to 2.5, as specified in the Zoning Ordinance. Higher FARs may be feasible within one-half mile of high quality transit. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. Item 6 Attachment A - Resolution Amending Land Use and Design Element to Reflect Policies and Programs in 2023-2031 Housing Element and Related Updates to Zoning Code        Item 6: Staff Report Pg. 8  Packet Pg. 125 of 368  *NOT YET APPROVED* Attachment A 7 0160128_20231117_ay16 SECTION 12. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the potential environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolution 10107, finding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Programs 1.1A and 1.1B of the Housing Element, which this resolution implements. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM APPROVED __________________________ __________________________ Assistant City Attorney City Manager __________________________ Director of Planning and Development Services Item 6 Attachment A - Resolution Amending Land Use and Design Element to Reflect Policies and Programs in 2023-2031 Housing Element and Related Updates to Zoning Code        Item 6: Staff Report Pg. 9  Packet Pg. 126 of 368  *NOT YET APPROVED* Attachment A 8 0160128_20231117_ay16 Exhibit A: Existing and Proposed Comprehensive Plan Land Use Designations Item 6 Attachment A - Resolution Amending Land Use and Design Element to Reflect Policies and Programs in 2023-2031 Housing Element and Related Updates to Zoning Code        Item 6: Staff Report Pg. 10  Packet Pg. 127 of 368  *NOT YET APPROVED* Atachment B 1 0160131_20231128_ay16 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Adopting Chapter 18.14 (Housing Incentives) and Amending Various Chapters of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.1A and 1.1B of the City of Palo Alto 2023-2031 Housing Element The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declara�ons. (a) On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Sec�on 65585. (b) Program 1.1A of the Housing Element provides for amendments to the zoning ordinance that are necessary to accommodate the City’s Regional Housing Needs Alloca�on (“RHNA”) on the inventory of housing opportunity sites provided in Appendix D to the Housing Element. (c) Program 1.1B of the Housing Element provides for addi�onal amendments to the zoning ordinance for ROLM and GM zoned proper�es that exceed those required under Program 1.1A. (d) Government Code Sec�ons 65583 and 65588 require that the City complete its rezoning of sites under Program 1.1A by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element. (e) This ordinance implements Programs 1.1A and 1.1B of the Housing Element, resul�ng in an inventory of sites suitable and available for development that is sufficient to meet the City’s RHNA during the Housing Element planning period. SECTION 2. Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: CHAPTER 18.14: HOUSING INCENTIVES 18.14.010 Purpose This chapter implements the regional housing needs strategy (RHNA) of the City’s Comprehensive Plan Housing Element to rezone opportunity sites; facilitates housing produc�on; affirma�vely furthers fair housing; and provides incen�ves for housing development, especially below-market rate housing. 18.14.020 Housing Element Opportunity Sites This subsec�on implements the rezoning required to meet the RHNA in the 2023-2031 Housing Element, pursuant to Appendix D. Regula�ons iden�fied in Table 1 and Table 2 modify and replace development standards provided in base zoning district and applicable combining district regula�ons. a) Applicability: This subsec�on applies to Housing Development Projects, as defined in Government Code Sec�on 65589.5, on Housing Element opportunity sites listed in Appendix D Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 11  Packet Pg. 128 of 368  *NOT YET APPROVED* Atachment B 2 0160131_20231128_ay16 and on sites within the GM/ROLM and El Camino Real Focus Areas depicted in Figure 1 and Figure 3. b) Permited Uses: Refer to the base zoning district and applicable combining districts for allowed uses, except: (1) Exclusively residen�al uses are permited on all Housing Element opportunity sites. (2) Combining district use regula�ons shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households. (3) Sites zoned to allow mixed use development and are iden�fied in Appendix D of the Housing Element as suitable for lower income households, must be developed with a minimum of two-thirds residen�al floor area. c) Development Standards: Refer to base zoning district and applicable combining districts for development standards except: (1) Residen�al uses on R-1 zoned sites (faith-based ins�tu�ons) shall be subject to the development standards for the RM-30 zoning district, pursuant to Chapter 18.13.040, except that Maximum FAR shall be 1.25 and minimum density shall be 20 units per acre. (2) RM-20, RM-30, RM-40, CN, CS, CC, CC(2), CD-C, and CD-N zoned sites as modified by Table 1 (3) GM, ROLM, and RP zoned sites as modified by Table 2 (4) PF zoned sites shall meet the following development standards: (A) Downtown sites: CD-C standards, pursuant to Table 1 below (B) California Avenue sites: CC(2) standards, pursuant to Table 1 below (5) Specific Stanford University-owned sites and El Camino Real Focus Area sites may, as an alterna�ve to State Density Bonus Law, meet base district regula�ons as modified by Table 3. Housing Development Projects that u�lize State Density Bonus Law shall be subject to base district standards or standards provided in Tables 1 and 2, as applicable. Addi�onally, El Camino Real Focus Area sites shall: (A) Complete Major Architectural Review pursuant to Sec�on 18.77.020 (B) Provide 20% of total units as on-site below-market rate housing affordable to households earning up to 80% of AMI. This requirement shall apply in place of the basic requirements set forth in Sec�ons 16.65.030 and 16.65.040. (6) Combining district design and development standards shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households. // // // // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 12  Packet Pg. 129 of 368  *NOT YET APPROVED* Atachment B 3 0160131_20231128_ay16 Table 1 Housing Element Opportunity Site Development Standards (Residen�al and Commercial Mixed Use Districts) Base Zoning Maximum FAR (1) Minimum Landscape Residen�al Density (du/ac)(4) Other Development StandardsResiden�al Total Minimum Maximum CC(2)1.5 2.0 (3) 20 See base district regula�ons: 18.16.060 See base district regula�ons: 18.16.060 CC 1.25 1.25 20 CS (El Camino Real) 1.25 1.25 (3) 20 CS (Other)1.25 1.25 (3)See HE Appendix D CN (El Camino 1.25 1.25 30% (3) 20 See base district regula�ons: 18.16.060 CN (Other) 1.25 1.25 30% (3) 20 See HE Appendix D CD-C 2.0 2.0 (2) 20 See base district regula�ons: 18.18.060 See base district regula�ons: 18.18.060 CD 1.5 1.5 (3)See HE Appendix D RP 1.25 1.25 25 None; 40 du/ac an�cipated See base district regula�ons: 18.20.040 RM 40 1.5 1.5 (3) See HE Appendix D See base district regula�ons: 18.13.040 RM 1.25 1.25 (3) RM 1.25 1.25 See 18.13.040 (1) Nothing in this table increases the non-residen�al floor area permited in any district. (2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details. (3) Landscape coverage may be provided above the ground-floor. If standard is not specified, refer to base district regula�ons. (4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory for specified densi�es. // // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 13  Packet Pg. 130 of 368  *NOT YET APPROVED* Atachment B 4 0160131_20231128_ay16 Table 2 GM/ROLM Focus Area Development Standards for Housing Development Projects Only Base Zoning District Maximum FAR Minimum Landscape Coverage Coverage 2 Height Minimum Residen�al Parking Ra�os Other Development Standards Residen�al (3) Minimum Maximum GM (Focus Area, 1 (1 None; 90 du/ac 60 -bed; 2- GM (Other Opportunity Sites)1.5 1.5 30% )70%25 None; See HE Appendix D for an�cipated (Focus Area, 1) 2.5 2.5 20% (1) 70% 40 None; 90 du/ac an�cipated 60 1 space per studio/1-bed; 2-bed+ ROLM (Other Opportunity Sites)1.5 1.5 )70%25 None; 50 du/ac (1) Landscape coverage may be provided above the ground-floor. If standard is not specified, refer to base district regula�ons. (2) These sites do not provide a maximum density in terms of du/ac; however, an�cipated densi�es have been determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where referenced, the densi�es specified in Housing Element Appendix D: Sites Inventory represent an�cipated densi�es based on realis�c development capaci�es. (3) Nothing in this table increases the non-residen�al floor area permited in any district. // // // // // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 14  Packet Pg. 131 of 368  *NOT YET APPROVED* Atachment B 5 0160131_20231128_ay16 Figure 1: GM/ROLM Housing Element Focus Area Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 15  Packet Pg. 132 of 368  *NOT YET APPROVED* Atachment B 6 0160131_20231128_ay16 Table 3 Site-Specific Development Standards (Stanford-Owned Sites & El Camino Real Focus Area) Loca�on Pasteur Dr. & 1100 Welch Rd. (1)(3) (Figure 2) El Camino Real Focus Area (1) (Figure 3) Minimum Front Setback 15 feet See base district regula�ons Minimum Setback See base district regula�ons: 18.13.040 See base district regula�ons, except: For sites with a property line abu�ng a low density residen�al (RE, R2, or RMD) or R1 single family residen�al height 60 feet above grade at the Sand Hill Rd. setback line and a - standards for daylight planes Height Transi�ons n/a Within � of low density residen�al (RE, R2, or RMD) or R1 single family zone district property line: 35 �. Between 100 and 150 � of low density or R1 zone district 55 feet in height: minimum 6 foot step-back from lower façade, for a minimum 70% of the façade length; and average setback from the property line for the en�re façade shall be 20 feet(7) See Figure 4. Open Space 100 sq. �/unit (any combina�on of common and/or private) 100 sq. �/unit (any combina�on of common and/or private) Minimum Residen�al Parking (5) 0.5 spaces/unit space/unit (Per AB2097: 0 space/unit within Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 16  Packet Pg. 133 of 368  *NOT YET APPROVED* Atachment B 7 0160131_20231128_ay16 Design Criteria/Standards Compliance with Objec�ve Design Standards pursuant to Chapter 18.24 (4) Architectural Review and compliance with either Objec�ve Design Standards pursuant to Chapter 18.24 or Context-Based Design Criteria pursuant to base district (4) (1) Site locations as defined in the 2023-2031 Housing Element (2) Permitted above the ground-floor. If standard is not specified, refer to base district regulations. (3) Housing may be developed in phases and individual phases may not meet all standards. However, upon completion the project as a whole must conform to these standards. Individual parcels shall be deed restricted to address standards that are met in aggregate, but not on a parcel-by-parcel basis. In addition, for each phase, the applicant shall demonstrate, to the satisfaction of the Director, that the overall site is capable of meeting all standards upon completion of the project as a whole. (4) Except, the following objective design standards shall be modified to meet the realistic capacity identified in the Housing Element: (a.) 18.24.050(b)(5): Diversity of Housing Types, shall be replaced with the following standard: Maximum façade length shall be less than or equal to 250 feet. (b.) 18.24.060(b)(7): Parking/Loading/Utilities, shall be replaced with the following standard: Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path with the exception of vehicular alleys, shall compose no more than 50% of any public frontage. Garage façades fronting on public right-of-way shall be screened with decorative architectural screening (e.g. perforated metal panels, murals), lined with habitable uses, or screened with landscaping (e.g., green wall, climbing vines). (5) Projects providing fewer than 50% of the parking spaces that would be required under Section 18.52.040 shall develop and implement a transportation demand management plan containing, at a minimum: free transit passes for residents; and provision of outlets appropriately spaced for e-bike charging at 20% of bicycle parking spaces. (6) Railings and parapets shall be excluded from height calculations in this Table 3 only to the extent they are required for health and safety standards in Titles 15 and 16 of this code. (7) Average setback from the property line may be calculated by taking the area between the property line and the upper façade. This area, in square feet, shall be greater than or equal to the façade length multiplied by 20. Example: 200-foot façade length x 20-foot average setback = minimum 4,000 sq. ft. area of setback per floor. For purposes of this calculation, portions of the upper façade with a setback greater than 40 feet shall be treated as if the façade is located at 40 feet from the property line. For purposes of this calculation, roof projections and eaves up to four feet in depth shall be excluded. // // // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 17  Packet Pg. 134 of 368  *NOT YET APPROVED* Atachment B 8 0160131_20231128_ay16 Figure 2: Pasteur Drive Focus Area Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 18  Packet Pg. 135 of 368  *NOT YET APPROVED* Atachment B 9 0160131_20231128_ay16 Figure 3: El Camino Real Focus Area Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 19  Packet Pg. 136 of 368  above 55’ 85’ maximum height minimum sidewalk width12’ pr o p e r t y l i n e fa c e o f c u r b 15’ pr o p e r t y l i n e 20’ average stepback av e r a g e s t e p b a c k c a l c u l a t i o n us e s b u i l d i n g a r e a s w i t h i n a 40 ’ s t e p b a c k portions of buildings more than 40 feet from the property line shall be counted as 40 feet average stepback20’ Yx20 feet averagebuilding stepback above 55 feet BUILDING AREA Y (not pictured) 6' minimum stepback from façade for ≥70% of façade below ≥ Figure 4: Upper Story Step Back (El Camino Real Focus Area) Figure 4b Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 20  Packet Pg. 137 of 368  *NOT YET APPROVED* Atachment B 11 0160131_20231128_ay16 18.14.030 Housing Incen�ve Program (Reserved) 18.14.040 Affordable Housing Incen�ve Program (Reserved) // // // // // // // // // // // // // // // // // // // // // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 21  Packet Pg. 138 of 368  *NOT YET APPROVED* Atachment B 12 0160131_20231128_ay16 SECTION 3. Sec�on 18.12.030 (Land Uses) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (CHANGES SHOWN IN UNDERLINE STRIKEOUT): 18.12.030 Land Uses The permited and condi�onally permited uses for the single family residen�al districts are shown in Table 1: Table 1 PERMITTED AND CONDITIONAL R-1 RESIDENTIAL USES R-1 and all R-1 Subdistricts Subject to Regula�ons in: [. . .] RESIDENTIAL USES Single-Family P Two-Family use, under one ownership P 18.42.180 Mobile Homes P 18.42.180 Mul�ple-Family P(2) 18.14.020 Residen�al Care Homes P [. . .] (1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single-family residence on a lot is permited, subject to the provisions of Chapter 18.09. (2) Housing Element opportunity sites (faith-based ins�tu�ons) only. SECTION 4. Sec�on 18.12.040 (Development Standards) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: 18.12.040 Development Standards (a) Site Specifica�ons, Building Size, Height and Bulk, and Residen�al Density The development standards for the R-1 district and the R-1 subdistricts are shown in Table 2, except: (1) To the extent such standards may be modified by Sec�on 18.42.180 for two-family uses pursuant to California Government Code Sec�on 65852.21 (SB 9, 2021; (2) On Housing Element opportunity sites (faith-based ins�tu�ons): development standards for Mul�ple-Family uses are iden�fied in Sec�on 18.14.020, which states that sites shall meet the development standards for the RM-30 zoning district, except that Maximum FAR shall be 1.25. [. . .] // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 22  Packet Pg. 139 of 368  *NOT YET APPROVED* Atachment B 13 0160131_20231128_ay16 SECTION 5. Chapter 18.13: MULTIPLE FAMILY RESIDENTIAL (RM-20, RM-30 AND RM-40) DISTRICTS [. . .] 18.13.040 Development Standards (a) Site Specifica�ons, Building Size and Bulk, and Residen�al Density The site development regula�ons in Table 2 shall apply in the mul�ple-family residence districts, provided that more restric�ve regula�ons may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regula�ons set forth in Chapter 18.76, and the objec�ve design standards set forth in Chapter 18.24. Except that sites designated as Housing Element Opportunity Sites shall meet the development standards specified in Chapter 18.14.020. Table 2 Mul�ple Family Residen�al Development Table RM-20 RM-30 RM-40 Subject to regula�ons in: [. . .] Maximum Site Coverage: Base 35%40%45% Addi�onal area permited to be covered by covered pa�os or overhangs otherwise in 5% 5% 5% Maximum Floor Area Ra�o (FAR)(4)0.5:1 0.6:1 1.0:1 Residen�al Density (units) Maximum number of units per acre(3) 20 30 40 18.13.040(g) 18.14.020 Minimum number of units per acre(8)18.14.020 Minimum Site Open Space(5) (percent) 35 30 20 18.13.040(e) 18.14.020 Minimum Usable Open Space (sf per unit)(5)150 150 150 Minimum common open space (sf per unit)75 75 75 18.13.040(e) Minimum private open space (sf per unit)50 50 50 Performance Criteria See provisions of Chapter 18.23 Ch. 18.23 Landscape Requirements 18.40.130 Parking(6)See provisions of Chapter 18.52 Ch. 18.52 [. . .] Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 23  Packet Pg. 140 of 368  *NOT YET APPROVED* Atachment B 14 0160131_20231128_ay16 SECTION 6. Chapter 18.20: OFFICE, RESEARCH, AND MANUFACTURING (MOR, ROLM, RP, AND GM) [. . .] 18.20.030 Land Uses (a) Permited and Condi�onally Permited Land Uses Table 1 lists the land uses permited or condi�onally permited in the industrial and manufacturing districts. Table 1 Industrial/Manufacturing District Land Uses [P = Permited Use CUP = Condi�onal Use Permit Required] MOR ROLM ROLM(E)RP(5) GM Subject to Regula�ons in Chapter: [. . .] RESIDENTIAL USES Single Family Not permited 18.20.040(b) Two Family Not permited Mul�ple Family (Housing Element Opportunity Site) 18.14.020 Mul�ple Family (Other Sites)CUP CUP(1)CUP CUP(1) 18.14.020 Residen�al Care Homes CUP CUP CUP 18.23.100(B) [. . .] (1) Adjacent to Bayshore Freeway and generally bounded by East Charleston Road and Loma Verde Avenue (see Figure 1), subject to CUP [. . .] // // // // // // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 24  Packet Pg. 141 of 368  *NOT YET APPROVED* Atachment B 15 0160131_20231128_ay16 Figure 1: GM/ROLM Housing Element Focus Area Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 25  Packet Pg. 142 of 368  *NOT YET APPROVED* Atachment B 16 0160131_20231128_ay16 18.20.040 Site Development Standards [. . .] (b) Development Standards for Exclusively Residen�al Uses Residen�al uses shall be permited in the MOR, RP, RP(5), ROLM, ROLM(E), and GM zoning districts, subject to the following criteria. (1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al or non-residen�al zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest flexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) No new single-family or two-family residen�al development is permited in any of the office, research and manufacturing districts, and no new residen�al development is permited within 300 feet of an exis�ng Hazardous Materials Tier 2 use. Exis�ng single-family and two-family uses and exis�ng residen�al development within 300 feet of an exis�ng Hazardous Materials Tier 2 use shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es). (3) MOR District. All mul�-family development in the MOR zoning district shall be permited subject to approval of a condi�onal use permit and compliance with the development standards prescribed for the RM-30 zoning district. (4) RP and RP(5) Districts. All mul�-family development in the RP, and RP(5) zoning districts that is located within 150 feet of an R-E, R-1, R-2, RMD, or similar density residen�al PC zone shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district, including Village Residen�al development types. Mul�-family development in the MOR, RP, and RP(5) zoning districts that is located greater than 150 feet from an R-E, R-1, R-2, RMD, or low density residen�al PC shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (5) ROLM (E) District. All mul�-family development in the ROLM(E) zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district. (6) ROLM District. All mul�-family development in the ROLM zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (7) GM District. All residen�al development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 26  Packet Pg. 143 of 368  *NOT YET APPROVED* Atachment B 17 0160131_20231128_ay16 (8) Combining Districts. Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (c) Development Standards for Mixed (Residen�al and Nonresiden�al) Uses in the MOR, ROLM, ROLM(E), RP, and RP(5) zoning Districts Mixed (residen�al and nonresiden�al) uses shall be permited in the MOR, ROLM, ROLM(E), RP, and RP(5) zoning districts, subject to the following criteria: (1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al, non-residen�al, or mixed use zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest flexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) New sensi�ve receptor land uses shall not be permited within 300 feet of a Hazardous Materials Tier 2 or Tier 3 use. Exis�ng sensi�ve receptors shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es). (3) ROLM(E) District. Mixed (residen�al and nonresiden�al) development in the ROLM(E) zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-20 zoning district. The maximum floor area ra�o (FAR) for mixed use development is 0.3 to 1. (4) ROLM District. Mixed (residen�al and nonresiden�al) development in the ROLM zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-30 zoning district. The maximum floor area ra�o (FAR) for mixed use development is 0.4 to 1. Except that sites designated as Housing Element Opportunity Sites or Focus Areas shall meet the development standards specified in Chapter 18.14.020. (5) GM District. Mixed use (residen�al and nonresiden�al) development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. In compu�ng residen�al densi�es for mixed (residen�al and nonresiden�al) uses, the density calcula�on for the residen�al use shall be based on the en�re site, including the nonresiden�al por�on of the site. [. . .] // // // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 27  Packet Pg. 144 of 368  *NOT YET APPROVED* Atachment B 18 0160131_20231128_ay16 SECTION 7. Chapter 18.16: NEIGHBORHOOD, COMMUNITY, AND SERVICE COMMERCIAL (CN, CC AND CS) DISTRICTS [. . .] 18.16.060 Development Standards [. . .] (b) Mixed Use and Residen�al Table 4 specifies the development standards for new residen�al mixed use developments and residen�al developments. These developments shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24,except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modified in Chapter 18.14.020. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet the context-based design criteria outlined in Sec�on 18.16.090, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020. Table 4 Mixed Use and Residen�al Development Standards CN CC CC(2) CS Subject to regula�ons in: [. . .] Maximum Site Coverage 50%50%100%50% Minimum Landscape/Open Space Coverage 35% 30% 20% 30% 18.14.020 Usable Open Space (Private and/or Common) 150 sq � per unit (2) 18.16.090 Maximum Height (�) Standard 35' (4)50'37'50' Por�ons of a site within 150 �. of an abu�ng residen�al district (other than an RM-40 or PC zone) (5) 35' 35' 35' 35' 18.08.030 Daylight Plane for lot lines abu�ng one or more residen�al zoning Daylight plane height and slope shall be iden�cal to those of the most restric�ve residen�al zoning district abu�ng the lot line Residen�al Density (net) (3) 15 or 20 (9) See sub- sec�on (e) below No maximum 18.16.060(i) 18.14.020 Sites on El Camino Real No maximum No maximum Maximum Residen�al Floor Area Ra�o (FAR) 0.5:1 (4) 0.6:1 0.6:1 18.16.065 18.14.020 Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 28  Packet Pg. 145 of 368  *NOT YET APPROVED* Atachment B 19 0160131_20231128_ay16 CN CC CC(2) CS Subject to regula�ons in: [. . .] Maximum Nonresiden�al Floor Area Ra�o (FAR)0.4:1 2.0:1 0.4:1 Total Mixed Use Floor Area Ra�o (FAR) (4) 2.0:1 1.0:1 18.16.065 18.14.020 Minimum Mixed Use Ground Floor Commercial FAR (6) 0.15:1(10) 0.15:1(10) 0.25:1 (7) (10) 0.15:1 (10) Parking See Chapters 18.52 and 18.54 (Parking)18.52, 18.54 [. . .] (c) Exclusively Residen�al Uses Exclusively residen�al uses are generally prohibited in the CN, CS, CC(2) and CC zone districts, except on housing inventory sites iden�fied in the Housing Element, subject to the standards in Sec�on 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the following. (1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping (R) combining district or the retail preserva�on provisions of Sec�on 18.40.180 do not apply, exclusively residen�al uses are allowed subject to the standards in Sec�on 18.16.060(b) and the following addi�onal requirements: (A) Residen�al units shall not be permited on the ground-floor of development fron�ng on El Camino Real unless set back a minimum of 15 feet from the property line or the 12-foot effec�ve sidewalk setback along the El Camino Real frontage, whichever is greater. Common areas, such as lobbies, stoops, community rooms, and work-out spaces with windows and architectural detail are permited on the ground-floor El Camino Real frontage. (B) Parking shall be located behind buildings or below grade, or, if infeasible, screened by landscaping, low walls, or garage structures with architectural detail. (C) Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. SECTION 8. Chapter 18.18: DOWNTOWN COMMERCIAL (CD) DISTRICT 18.18.060 Development Standards [. . .] (b) Mixed Use and Residen�al Table 3 specifies the development standards for new residen�al mixed use developments and residen�al developments. Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24. Non- Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 29  Packet Pg. 146 of 368  *NOT YET APPROVED* Atachment B 20 0160131_20231128_ay16 Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet context-based design criteria outlines in Sec�on 18.18.110, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020: TABLE 3 MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS CD-C CD-S CD-N Subject to regula�ons in Sec�on: [. . .] Maximum Site Coverage No requirement 50%50% Minimum Landscape Open Space Coverage 20% 30% 35% 18.14.020 Usable Open Space (Private and/or Common)150 sq � per unit (1) 18.18.110 Maximum Height (�) Standard 50'50'35'18.08.030 Por�ons of a site within 150 �. of an abu�ng residen�al district (other than an RM 40 or PC zone)(4) 40' 40' 35' 18.08.030 Daylight Plane for lot lines abu�ng one or more residen�al zoning districts or a residen�al PC district Daylight plane height and slope iden�cal to those of the most restric�ve residen�al zone abu�ng 30 30 (5) 1,500 sq � per unit No maximum No maximum Maximum Residen�al Floor Area Ra�o (FAR)1.0:1(3) 0.6:1(3) 0.5:1(3) 18.14.020, 18.18.065,18.18.070 Maximum Nonresiden�al Floor Area Ra�o (FAR) 1.0:1(3) 0.4:1 0.4:1 Total Floor Area Ra�o (FAR)(3) 2.0:1(3) 1.0:1(3) 0.9:1(3) 18.14.020, 18.18.065,18.18.070 Parking Requirement See Chapters 18.52 and 18.54 Chs. 18.52, 18.54 [. . .] (c) Exclusively Residen�al Uses (1) Exclusively residen�al uses are allowed in the CD-C subdistrict, except in the ground floor (GF) combining district. However, GF combining district use regula�ons and design and development Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 30  Packet Pg. 147 of 368  *NOT YET APPROVED* Atachment B 21 0160131_20231128_ay16 standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (2) Exclusively residen�al uses are generally prohibited in the CD-N and CD-S subdistricts. Such uses are allowed, however, where a site is designated as a housing inventory site in the Housing Element of the Comprehensive Plan. Such sites shall be developed pursuant to the regula�ons for the mul�-family zone designa�on (RM-20, RM-30, or RM-40) iden�fied for the site in the Housing Element. SECTION 9. Chapter 18.28 SPECIAL PURPOSE (PF, OS and AC) DISTRICTS [. . .] 18.28.040 Land Uses Table 1 shows the permited (P) and condi�onally permited (CUP) land uses for the Special Purpose Districts. Table 1 Land Uses PF OS AC Subject to Regula�ons in Chapter: [. . .] Single-family dwellings P Manufactured housing (including mobile homes on permanent founda�ons) P 18.40. Mul�ple-Family (Housing Element Opportunity Site) P 18.14.020 Guest ranches CUP Residen�al care facili�es, when u�lizing exis�ng structures on the site CUP(1) Residen�al Care Homes P Residen�al use, and accessory buildings and uses customarily incidental to permited dwellings; provided, however, that such permited dwellings shall be for the exclusive use of the owner or owners, or lessee or lessor of land upon which the permited agricultural use is conducted, and the residence of other members of the same family and P [. . .] 18.28.050 Site Development Standards (a) Development Standards. On Housing Element opportunity sites (City-owned parking lots): development standards are iden�fied in Sec�on 18.14.020 Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 31  Packet Pg. 148 of 368  *NOT YET APPROVED* Atachment B 22 0160131_20231128_ay16 Table 2 Special Purpose District Site Development Standards [. . .] (b) Open Space Impervious Coverage and Floor Area (1) Residen�al Use The impervious coverage and floor area ra�os shall be determined based on a sliding scale calcula�on. Table 3 provides the range of allowable percentages for the calcula�on. Allowable development for other site sizes between 1 and 10 acres shall be calculated on a prorated basis between the acreages shown in Table 3. Except that on Housing Element opportunity sites (City-owned parking lots), development standards are iden�fied in Sec�on 18.14.020. Table 3 Open Space Residen�al Impervious Coverage and Floor Area Ra�o Scale [. . .] SECTION 10. If any sec�on, subsec�on, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision shall not affect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal. SECTION 11. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the poten�al environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolu�on No. 10107, finding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Program 1.1A and 1.1B of the Housing Element, which this ordinance implements. // // // // // // // Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 32  Packet Pg. 149 of 368  *NOT YET APPROVED* Atachment B 23 0160131_20231128_ay16 SECTION 12. This ordinance shall be effec�ve on the thirty-first date a�er the date of its adop�on. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Atorney City Manager ____________________________ Director of Planning and Development Services Item 6 Attachment B - Ordinance Adopting Ch 18.14 Housing Incentives Amending Title 18 to Implement Programs 1.1A and 1.1B of CPA 2023- 2031 Housing Element        Item 6: Staff Report Pg. 33  Packet Pg. 150 of 368  City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: December 11, 2023 Report #:2311-2248 TITLE LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901-2905 Middlefield Road and Establishing a Separate Planned Community Zoning Designation for 702 Ellsworth Place to Enable the Development of a new Single-Story, Single-Family Residence. CEQA Status -- Categorically Exempt Under CEQA Guidelines Sections 15061(b)(3), 15301, and 15303 (Continued from September 18 and November 6, 2023) RECOMMENDATION Staff recommends conduct a public hearing for this item. This is a cover memo to go with the staff report previously published for the Council agenda of November 6, 2023. ATTACHMENTS Attachment A: November 6, 2023 Staff Report and Attachments APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 7 Item 7 Staff Report        Item 7: Staff Report Pg. 1  Packet Pg. 151 of 368  City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: November 6, 2023 Report #:2309-2070 TITLE LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901-2905 Middlefield Road and Establishing a Separate Planned Community Zoning Designation for 702 Ellsworth Place to Enable the Development of a new Single-Story, Single-Family Residence. CEQA Status -- Categorically Exempt Under CEQA Guidelines Sections 15061(b)(3), 15301, and 15303 (Continued from September 18, 2023) RECOMMENDATION Staff recommends that City Council adopt two ordinances amending Planned Community Ordinance 2343 for 2901-2905 Middlefield Road to establish separate Planned Community zoning designations for the existing 12-unit apartment building at 2901-2905 Middlefield Road (Attachment A) and the undeveloped lot at 702 Ellsworth Place to enable the development of a single-family residence (Attachment B). BACKGROUND The City Council held a public hearing on September 18, 2023 to consider the subject request. Project background information is available online in the staff report prepared for that meeting.1 The City Council, on a 5-2 vote, continued the hearing with the main motion on the table and with direction to staff to attempt to resolve the issue of package deliveries on Ellsworth Place. Some Councilmembers expressed interest to support the request with the following adjustments: •Extend the access easement to Ellsworth Place from 24-feet to 26-feet in width; •Prohibit additional landscaping within the sight triangle at 2901 Middlefield Road; •Delete the word ‘perceived’ from the ordinance that establishes the easement; •Verify the accuracy of lot sizes identified in the ordinances; 1 September 18, 2023, City Council Staff Report: https://cityofpaloalto.primegov.com/meeting/document/2722.pdf?name=Item%207%20Staff%20Report Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 2  Packet Pg. 152 of 368  •Provide for package delivery on 2901 Middlefield Road and coordinate with package delivery vendors to provide drop off lockers for residents on Ellsworth Place; and, •Extend the sight triangle at 702 Ellsworth to the southernmost corner of the property. Staff revised the proposed ordinance based on this direction, as discussed in the Analysis section below. Staff additionally asked the applicant to investigate if it would be beneficial to lower a raised portion of the access drive that occurs near the property line boundary adjacent to Middlefield Road. The applicant contacted a grading contractor and the project traffic consultant, and both agree that the existing condition is suitable and appropriate for the site. The raised bump condition near the sidewalk causes motorists to slow down when entering or exiting the property. Slower traffic lessens the chance of collision or injury. Moreover, the raised bump does not impede visual access exiting onto Middlefield Road. The City’s Office of Transportation has similarly reviewed the condition and concurs with these findings, conditioned upon the maintenance of vegetation in the planting strips next to the sidewalk to ensure visibility; this requirement has been incorporated into the Site Development Regulations (Section 5(a)) contained in both of the proposed ordinances. Additionally, there may also be drainage-related concerns if the raised portion were lowered but staff did not pursue that further given the safety findings above. ANALYSIS Responses to the City Council’s direction are provided below. 26-Foot-Wide Easement to Provide Access to Ellsworth Place The City Council expressed preference for a 26-foot-wide easement to provide access from Middlefield Road to Ellsworth Place. Both PC ordinances have been revised to require additional asphalt paved sections along both sides of Ellsworth Place, that, when combined with the existing paved area, would result in a 26-foot wide easement over the first 37 feet of Ellsworth Place. The ordinances also require the property owners to record easements designating the additional paved sections for ingress and egress to the other properties on Ellsworth Place. At the time this report was prepared, the owner of 2901-2905 Middlefield Road has not indicated agreement or support for the additional easement width request. The owner of 702 Ellsworth Place supports the request in combination with a taller front yard fence within the sight triangle (see heading further below and Attachment C). Landscaping Within Sight Triangles The proposed ordinance for 702 Ellsworth Place PC already limits new impediments to a height of one foot within the sight triangle. The City Council expressed a preference for similar restrictions for the sight triangle on the 2901-2905 Middlefield Road. The proposed ordinance for 2901-2905 Middlefield Road PC has been updated accordingly. Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 3  Packet Pg. 153 of 368  Verify the Accuracy of Lot Sizes Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 4  Packet Pg. 154 of 368  reach the southernmost corner of 702 Ellsworth Place. The PC ordinance retains the restriction on new impediments taller than one foot within the sight triangle. Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 5  Packet Pg. 155 of 368  Moreover, to offset city enforcement costs, staff recommends including a $5,000 deposit to respond to construction-related complaints that may arise from this project. The deposit would be replenished after reaching a certain amount specified in the ordinance, and unspent portions refunded upon issuance of the certificate of occupancy. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 6  Packet Pg. 156 of 368  Not Yet Adopted 1 0160121_20230906_ay16 ORDINANCE NO. _____ Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Rezone the Property at 702 Ellsworth Place from Planned Community Ordinance 2343 (PC-2343) to Planned Community Ordinance XXXX (PC-XXXX). The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. (a) On February 2, 2023, Dewey Land Company LLC (“Dewey”) and Handa Developer’s Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC-2343”) to apply solely to the property at 2901-2905 Middlefield Road, APN 127-35-194, (“Middlefield Parcel”) and rezone the property at 702 Ellsworth Place, APN 127-35-152, (“Ellsworth Parcel”) from Planned Community to Single Family Residential (R-1). (b) At a March 13, 2023 study session, the City Council considered the prescreening application and indicated the project applicants should proceed with a formal PC rezoning application to the Planning and Transportation Commission for a recommendation. (c) On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and Transportation Commission (“PTC”) held a series of public hearings to consider the application. The PTC recommended that PC-2343 be amended to remove the Ellsworth Parcel and to adopt two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along with a corresponding amendment to Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map). (d) The amendment recommended by the PTC would remove the approximately 6,493 square foot parcel currently owned by Handa at 702 Ellsworth from PC-2343 and redesignate it as a separate PC, for the purpose of constructing a single-story, single-family residence. The PTC recommended the following conditions: (i) the development plan shall include a 2’6”-wide swath of pavement alongside Ellsworth Place beginning at the Middlefield Road curb line and extending to the proposed walkway to the single-family residence to increase the width of Ellsworth Place, (ii) the 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by new plants, fences, or other objects taller than 1 foot, (iii) the 24-foot special setback from Middlefield Road shall be observed, (iv) the setback from the creek shall be determined by a slope stability analysis, (v) and a 6-foot setback shall apply to the rear property line, except with respect to a detached garage. Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 7  Packet Pg. 157 of 368  Not Yet Adopted 2 0160121_20230906_ay16 (e) The PTC recommended concurrent adoption of a companion ordinance (Ordinance No. XXXX) to reduce the area of the Planned Community PC-2343 from approximately 26,386 sf to approximately 19,893 square feet to encompass 2901-2905 Middlefield Road, a 12-unit apartment building currently owned by Dewey. (f) The City Council held public hearings on September 18, 2023 and November 6, 2023 to consider the PTC’s recommendation and additional public input, and made further amendments to those recommendations regarding the width of Ellsworth Place and the sight triangle at the southeast corner of the intersection of Ellsworth Place and Middlefield Road, as set forth below. (g) The Council, after due consideration of the PTC’s recommendations, finds: (i) The site is so situated and the uses proposed for the site are of such characteristics that the application of general districts or combining zoning districts will not provide sufficient flexibility to allow the proposed development; the City's conventional zoning district RM20 would not permit the existing 12 unit structure on the proposed 0.46 acre site (ii) Amendment to the existing Planned Community PC-2343 will provide public benefits expected to result from the Project, including expanded ingress and egress for the existing residences on Ellsworth Place through additional easements, that, when combined, would result in a 26-foot wide easement over the first 37 feet of Ellsworth Place, an additional 5-foot long by 30-inch wide easement on 702 Ellsworth Place, and the construction of an additional dwelling unit. (iii) The Council further finds that the Project provides public benefits, as described above, that are of sufficient importance to make the Project, as a whole, one with reasonable public benefit. (iv) The proposed single-family residence is compatible with existing and potential uses on adjoining sites or within the general vicinity, which are typically single- family residences and one 12-unit apartment complex. (v) The use permitted and the site development regulations are consistent with the following Palo Alto Comprehensive Plan policies and are, on balance consistent with the goals and purposes of the Comprehensive Plan: surro maintain Palo Alto’s livability and achieve the highest quality development Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 8  Packet Pg. 158 of 368  Not Yet Adopted 3 0160121_20230906_ay16 personal safety, public health and well- from the street. SECTION 2. Amendment of Zoning Map. Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended to rezone the certain property known as 702 Ellsworth Place from PC-2343 to “PC-XXXX.” The subject property and revised zoning designation is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. Development Plan Those certain plans entitled Proposed Development Plan 702 Ellsworth, a copy of which is attached hereto as Exhibit “B” and incorporated herein, are hereby approved as the Development Plan for the subject property. SECTION 4. Uses. (a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a single- family residence. SECTION 5. Site Development Regulations. (a) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan, except as modified herein. (i) Any exterior changes to the single-family residence or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if eligible, Architectural Review approval under Section 18.76 of the Palo Alto Municipal Code, as it is amended from time to time. (ii) The development plan shall include a 2-foot, 6-inch-wide swath of asphalt pavement alongside the southern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 42 feet to the proposed walkway to the single-family residence, to increase the perceived width of Ellsworth Place. (iii) This additional paved area shall remain clear of obstructions. (iv) Prior to final inspections for any structure on the site, Handa shall offer prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place. Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 9  Packet Pg. 159 of 368  Not Yet Adopted 4 0160121_20230906_ay16 (v) The sight triangle at the southeast corner of the intersection of Ellsworth Place and Middlefield Road shall extend to the southernmost corner of the property along Middlefield Road and shall not be obstructed by new impediments taller than 1 foot, except for the installation of an additional sign stating “No Delivery Trucks Over 24’ long” below or above the existing ‘No Outlet’ sign located within the Middlefield Road right of way between the sidewalk and Handa’s property. (vi) The property owner shall maintain the vegetation in the Middlefield right of way planting strip between the curb and sidewalk at a height no taller than 1 foot. (vii) The 24-foot special setback from Middlefield Road shall be observed, (viii) The setback from the creek shall be determined by a slope stability analysis, but no less than 6 feet. (ix) A 6-foot setback shall apply to the rear property line, except with respect to a detached garage (b) Logistics Plan. A logistics plan shall be submitted for City approval prior to the issuance of a building permit for the construction of the new residence at 702 Ellsworth. The logistics plan shall address construction staging, construction worker parking, and material deliveries during site preparation and construction. It shall also include best practices for dust mitigation, stipulate permitted construction activities, hours and noise requirements, and include contact information for construction-related complaints. The property owner shall provide a $5,000 deposit to offset City’s enforcement costs reasonably incurred in responding to construction-related complaints that may arise from this project. If the deposit account balance falls to $1,000 or lower, the deposit account balance shall be replenished to $5,000. Any funds remaining in the deposit account shall be refunded to property owner upon issuance of the certificate of occupancy for the residence. (c) Development Schedule. Construction of the improvements to Ellsworth Place shall be completed within twelve (12) months of the effective date of this ordinance. Construction of other improvements shall be completed within twenty-four (24) months of the effective date of this ordinance. (d) Minor Variations in Project. Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. “Minor” changes do not include changes in land use. SECTION 6. The City Council finds that this ordinance is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it can be seen with certainty that construction of a single-family home pursuant to will not result in a significant impact on the environment. The City Council finds that this ordinance is additionally categorically exempt under Section 15303 of the CEQA Guidelines, as it approves construction of a new single-family residence. SECTION 7. This ordinance shall be effective on the thirty-first day after the date of its adoption. Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 10  Packet Pg. 160 of 368  Not Yet Adopted 5 0160121_20230906_ay16 INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 11  Packet Pg. 161 of 368  1 French, Amy From:Nitin Handa <nitinhanda2001@gmail.com> Sent:Thursday, October 19, 2023 8:35 AM To:Stone, Greer Cc:Lait, Jonathan; Sauls, Garrett; French, Amy; Hayes, Ken Subject:702 Ellsworth - Alternate Proposal Attachments:Attachment 2.pdf; Attachment 1[1].pdf; attachment 3.pdf; Letter to Council from Nitin Handa re Fence Proposal.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Hello Honorable Vice Chair Stone,  Me and My wife are the owners of property at 702 Ellsworth Pl.   As you know, the council members were contemplating a few options on how to resolve the issue we all face with this  property. We thought about those options and have drafted the attached proposal with 2 options to help things move  forward.   See attached letter containing these 2 options along with Pictures supporting the same.  We are agreeable to either of  these 2 options.     PS ‐ This letter is being sent to all council members   Some people who received this message don't often get email from nitinhanda2001@gmail.com. Learn why this is important Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 12  Packet Pg. 162 of 368  1 October 19, 2023 Mayor Kou and Members of the City Council City of Palo Alto city.council@cityofpaloalto.org Via Email Re: 702 Ellsworth Place - November 6, 2023, Council Agenda Dear Mayor Kou and Members of the City Council: My family and I plan to build our home on 702 Ellsworth Place. After five public hearings over eight months, including a City Council hearing on September 18, 2023, the City Council continued the matter to November 6th with a motion on the table that included reducing my front fence along Middlefield to just twelve inches high. A twelve-inch high front yard fence on Middlefield Road is not really a fence that provides any security or privacy, especially given that the existing sidewalk is 6 inches higher than the proposed top of a 12 inch fence (set four feet back from sidewalk). I have a 4 year old son who can easily step out to Middlefield road from this short fence. Requiring a twelve inch fence also differs from other fences along Middlefield that are 36 inches. The stated purpose of a twelve inch height limit was to avoid obstruction of sight lines exiting Ellsworth Place onto Middlefield. However, as shown in the enclosed photos (Attachment 1), a 36-inch high fence set four feet back from the edge of the sidewalk does not obstruct line of sight. This is supported by the Hexagon Transportation Consultants, Inc. memos dated April 14, 2023 and July 12, 2023 respectively, and was recommended by City staff, including Transportation Planning Manager Slyvia Star-Lack who elaborated on this recommendation at the July 12, 2023 Planning Commission meeting : Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 13  Packet Pg. 163 of 368  2 Despite this, there was some discussion about line of sight issues at the September 18 Council meeting. In attempt to further address this while preserving some version of a 36 inch high fence, please consider the following two alternate proposals: Alternate Proposal A: Allow for a 36 inch high wrought iron fence with minimum 3 inch gapping (Picture Given Below) within the 35-foot site triangle along the Middlefield frontage, set back 4 feet from the back of sidewalk, in exchange for increasing the offered swath of pavement and easement offered to the neighbors fronting Ellsworth by one foot (from 18 inches wide to 30 inches wide) alongside Ellsworth Place beginning at the Middlefield Road curb line and extending approximately 42 feet to the proposed walkway to the single - family residence Or Alternate Proposal B: Allow for a 36-inch high wrought iron fence with minimum 3 inch gapping (Picture Given Below) within the 35-foot site triangle along the Middlefield frontage, set back 4 feet from the back of sidewalk, with the requirement that this fence be angled as shown in Attachment 2. Photos of this mocked up fence design are included in Attachment 3. Thank you for your consideration. Should you have any questions or wish to discuss I am more than happy to meet with any of you individually either in person at the site, or by zoom. Sincerely, Nitin Handa and Priyanka Handa Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 14  Packet Pg. 164 of 368  3 Cc: Jonathan Lait, Planning Director Amy French, Chief Planning Official Garret Saul, Project Planner Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 15  Packet Pg. 165 of 368  Views approaching stop sign: Man walking. Views approaching stop sign: Woman on bike. ATTACHMENT 1 Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 16  Packet Pg. 166 of 368  Photo showing angled 36” tall fence up close Photo showing angled 36” tall fence from across drive ATTACHMENT 2 Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 17  Packet Pg. 167 of 368  PP S38°00'00"W 100.00' S47°12'00"W 101.30' S52°00'00"E 117.11'(T) 44.50' 100.00' 44.50' 56.42' 72.61' 42'-0" 10'-0" SB 37'-9" 18" LOT B 127-35-152 702 ELLSWORTH REAR YARD (E) 4 COVERED PARKING SPACES ELLSWORTH PLACE BLDG. 10' X 30' SU-30 DELIVERY SPACE 16 (E) AC PAVING EXISTING LANDSCAPING RELOCATE CABLE BOX FOR UTILITY PURPOSES B.O. SIDEWALK (E) FIRE HYDRANT 20'-0" (E) EASEMENT 30" 37'-0" 24'-0" EASEMENT OPTION 4'-0" 16'-0" 24'-0" SSB 6'-0"SB 14'-2" 8'-6"3'-0" 4'-0" PAVERS ZONE 10'-0" 6'-0" 4'-0" RETURN MIDDLE FIELD AVENUE 3' TALL WROUGHT IRON FENCE 35' SITE TRIANGLE TYP. (N) DRIVEWAY APRON PER CITY STANDARD (E) GROUND BRACE TO BE RELOCATED OR REMOVED BY CPA UTILITIES. GAS METERS CL TO FIRST WIRE ANCHOR (N) BOLLARDS AS NEEDED B.O. SIDEWALK FUTURE SINGLE FAMILY HOME FUTURE DETACHED GARAGE ATTACHMENT 3 N Item 7 Attachment A - November 6, 2023 Staff Report and Attachments        Item 7: Staff Report Pg. 18  Packet Pg. 168 of 368  1 0 4 4 1 0 4 4 CITY COUNCIL STAFF REPORT From: City Manager Report Type: Action Lead Department: Administrative Services Meeting Date: December 11, 2023 Report # 2309-2043 TITLE Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project. RECOMMENDATION Staff recommends that the City Council direct staff to: 1. Resume work on a new parking structure in the downtown core on a City surface parking lot (previously designed for on Hamilton / Waverley Lot D at 375 Hamilton Avenue) and 2. Pursue refined proposals for potential housing development on City surface parking lot on Lytton / Kipling Lot T at 450 Lytton Avenue with direction on key development goals such as, a. 100% affordable housing or alternative such as workforce housing b. Height allowance and/or density c. Parking availability on site for housing. EXECUTIVE SUMMARY At the direction of the City Council, staff issued a request for information for the development of affordable or workforce housing and new parking in the University Downtown Core and received two submittals from affordable housing developers. Proposals outlined concepts for housing on the City’s downtown surface parking lots. Staff seeks Council direction on next steps to further pursue both new parking and housing development in the University Avenue downtown core based on these responses including 1) direction to resume pursuit of new parking facility (previously designed for Lot D at Hamilton and Waverly) and 2) to seek further information and refinement on a housing development with guidance on development goals with a recommendation to pursue this further work first on Lot T at Lytton and Kipling. The resumption of pursuit of new parking facility is in alignment with the Council objective ”f” under the Council 2023 priority, Economic Recovery and Business Transition, evaluate Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 1  Packet Pg. 169 of 368  1 0 4 4 1 0 4 4 opportunities for new parking facilities in the University Avenue downtown and direct next steps. BACKGROUND Lots Address Approximate Lot Area (Sq. Ft.) Number of Stalls 1 However the Council declined to approve a contract for final design and instead directed staff to suspend work on the Downtown Garage Project and return to the Policy and Services Committee with a broader parking management strategy and options to address downtown parking needs. The Downtown Parking Garage Project has been paused since that time and a placeholder remains in the City’s five-year Capital Improvement Program pending further action. 2, the Council voted 6 – 1 to direct staff to: 1 https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Engineering- Projects/Downtown-Parking-Garage-Project 2 See Item 10 (ID # 13633) starting on Packet Page 285 of the 12/6/2021 City Council Meeting Packet: https://www.cityofpaloalto.org/files/assets/public/v/8/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2021/12-december/20211206/20211206pccsm-amended-linked.pdf Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 2  Packet Pg. 170 of 368  1 0 4 4 1 0 4 4 A. Initiate a RFI to examine feasibility of partnering with a private entity (for-profit or non- profit) on development of new parking using Downtown In-Lieu Parking Fees, in conjunction with housing or other uses, including the use of City surface lots or privately held parcels; and B. Council supports a preference for pursuing affordable housing as the preferred housing component, a preference for lot D as the preferred location, and limits the use of general funds to subsidize parking construction. On December 28, 2022, the City released an RFI for Downtown New Parking & Housing or Other Uses3 with a due date of March 7, 2023. The City received responses from Alta Housing (Attachment A) and MidPen Housing (Attachment B). In May 2023, each firm presented and discussed their submittals to the City’s project team, consisting of staff from Administrative Services – Real Estate Division, Planning, Public Works, Transportation, and the Office of the City Attorney. Both submittals suggest that it may be feasible to partner with a developer to construct new parking and affordable housing on the City-owned downtown surface parking lots. Housing Element Program 1.4 City-Owned Land Lots Program 1.4 of the City’s Housing Element, as revised and adopted in November 2022 and May 2023, identifies City-owned lots in the University Avenue Downtown Area as potential sites for affordable housing development. The Implementing Objective A states that projects on City- owned surface parking lots shall provide 100% affordable housing, capped at 80% AMI, or for workforce housing for City and PAUSD employees.4 Alta Housing Submittal Summary Alta Housing is a 501c3 nonprofit organization based in Palo Alto and was incorporated in California in 1970. They are focused exclusively on providing affordable housing and resident services in Santa Clara and San Mateo counties. Recent examples of 100% affordable housing projects completed by the firm include: 1. Luna Vista: 71 units (70 studios and 1 two-bedroom unit) with 32 automobile parking spaces situated on a 0.61-acre site in downtown Mountain View completed in November 2021 2. Fair Oaks Commons: 67 units (61 studios, 5 one-bedroom units, and 1 two-bedroom unit) with 50 automobile parking spaces developed on 0.59 acres in the North Fair Oaks neighborhood of Redwood City in November 2020 3. Wilton Court: 59 units (55 studios and 4 one-bedroom units) with 41 automobile parking spaces constructed on 0.46 acres in Palo Alto’s Ventura neighborhood in October 2022. 3 https://pbsystem.planetbids.com/portal/25569/bo/bo-detail/100949 4 See motion passed on Page 3: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=42953&dbid=0&repo=PaloAlto Item 8 Item 8 Staff Report Item 8: Staff Report Pg. 3 Packet Pg. 171 of 368  1 0 4 4 1 0 4 4 Alta Housing’s response identified Lots A, C, and T for 206 affordable housing units. The residential units could serve families between 30% and 60% AMI (area median income), seniors, and City or Palo Alto Unified School District employees (workforce housing). Various onsite amenities include community rooms and kitchens, laundry room, bike parking, and outdoor recreation areas. Residential site selection considered integrating Alta Housing’s Barker Hotel and proximity to the Avenidas Senior Center. The proposed projects would rise five stories over a one level podium with the roof line reaching 60 feet and the top of the parapet extending 70 feet. Residential buildings would range from approximately 56,050 to 76,397 square feet. Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 4  Packet Pg. 172 of 368  1 0 4 4 1 0 4 4 The majority of the new homes would serve families with 30% to 80% AMI. An example of a project would be to resume the City’s previous proposal to replace the existing 84 parking spaces in Lot D with a new 324 stall parking structure and then develop Lots G, N, and T for affordable housing, resulting in a parking surplus of 25 stalls. MidPen’s proposed housing projects would stay under the City’s 50-foot height allowance at four stories tall. This is intended to mainly leverage the Low-Income Housing Tax Credit (LIHTC) program. Details on the approximate financial implications can be found below in the Resource Impact Section. ANALYSIS Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 5  Packet Pg. 173 of 368  1 0 4 4 1 0 4 4 Second, the COVID-19 pandemic has obscured the parking supply and demand scenario downtown. The table below is provided by the City’s Office of Transportation and shows the parking supply and demand as of October 5, 2023 for the City’s downtown surface and garage parking facilities. In October 2019, the City's Office of Transportation conducted occupancy counts, and we have now compared those findings to our recent data from 2023. At noon in 2019, 92% of permit parking spaces in the Downtown Garages and Lots were occupied, while in 2023, only 45% were occupied. However, by 3 pm, both 2019 and 2023 showed similar occupancy rates for permit spaces. This is because these garages offer three hours of free parking, and after 5 pm, there is no parking enforcement, making these spaces free and accessible to all. This data along with historic data show that demand for parking in the downtown has increased since the COVID-19 pandemic, although demand is still below pre-pandemic levels. Even though there is arguably adequate parking supply to serve the current demand and there are alternative solutions to relieve parking congestion, building additional parking spaces may be warranted to serve future development (commercial and residential) in downtown, particularly in light of AB 2097. The planned University Streetscape Project could also likely result in a decrease to the downtown street parking supply. In addition to considering the construction of new parking facilities, it remains important to explore policy measures that can optimize the use of existing parking spaces. Implementing strategic parking policies can direct vehicles to the most appropriate parking locations based on their duration of stay. For instance, encouraging longer-term parking to occur in off-street garages could help in reserving valuable on-street parking for customers and visitors making shorter trips. This approach not only maximizes the efficiency of parking infrastructure but also aligns with broader urban mobility and sustainability goals. As we deliberate on the addition of new parking spaces, a parallel review of parking policies could be instrumental in ensuring a holistic and effective parking management strategy for downtown. I N S T P D T P D T P D A E 6 6 2 3 6 B R 1 3 5 3 C R 5 3 7 3 6 5 C C 7 3 2 6 2 1 1 5 4 3 D H 8 6 5 7 E G 3 1 1 1 1 1 1 F F 4 2 2 2 G G 5 2 2 2 2 8 8 H C 9 6 5 5 K L 9 1 1 1 1 9 7 N E 4 4 1 4 4 O E 7 6 2 5 7 P H 5 4 3 4 Q H 1 7 7 5 5 2 2 R H 2 2 1 4 1 9 7 1 3 S B 6 3 1 1 3 1 5 2 4 6 T L 5 1 9 2 9 1 4 W W 5 1 7 7 1 7 1 8 3 2 N 3 6 Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 6  Packet Pg. 174 of 368  1 0 4 4 1 0 4 4 Third, potential future changes to the University Avenue Streetscape provide an additional wrinkle to consider as that project will affect both the number and availability of on-street parking spaces. Summary of RFI Responses ALTA HOUSING MIDPEN HOUSING Affordability 30% - 60%30% - 80% AMI Density 123 – 165 du/ac (family) 195 du/ac (senior) 93 – 112 du/ac (family) 131 – 197 du/ac (senior) Average Unit Size 535 – 780 square feet 825 square feet Building Height Up to 70 feet Under 50 feet Family Housing Unit Mix Studios: 5% - 7% (400 SF) 1 BR: 43% - 37% (550 SF) 2 BR/TH: 27% (825 – 1,100 SF) 3 BR: 25% - 29% (1,100 SF) 1 BR: 24% 2 BR: 25% minimum 3 BR: 25% minimum Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 7  Packet Pg. 175 of 368  1 0 4 4 1 0 4 4 ALTA HOUSING MIDPEN HOUSING Senior Housing Mix Studio: 12% (400 SF) 1 BR: 87% (550 SF) 2 BR: 1% (950 SF) Primarily 1 BR Since the RFI was issued, the City Council has significantly revised the City’s housing policies to encourage housing production through the Housing Element update and corresponding zoning code amendments. These revisions include substantial increases to building height limits (up to 85 feet) and floor area ratio (4.0:1) within the El Camino Real Focus Area. Staff anticipates additional housing policy updates when the Council considers a Downtown Housing Plan and comprehensive economic development strategies in both Downtown and California Avenue areas. And while formal policy discussions on those items are several months away, staff is seeking the Council’s input on its initial development goals. Based on this input, staff will request more refined proposals for a housing development. Housing Affordability: The initial proposals considered a range of income restricted units, including family, senior housing and supportive housing but all generally at 80% of the area medium income level. Council direction on the desired affordability level has an impact on funding and who the units would serve. For instance, adding workforce housing (greater than 120% AMI but less than 150% AMI) is not expected to qualify for tax credits potentially requiring greater City subsidy. Supportive housing for individuals with special needs may require on-site supportive care facilities or programing. Clarity from Council on housing populations served by this project would enable the prospective developers to provide more focused proposals. Housing Unit Mix and Size: Smaller units yield a greater housing density and may be appropriate in a downtown setting. However, the City also needs family-sized units of three or four bedrooms. Units of this size will result in fewer units but serves a need in Palo Alto. Staff requests Council’s direction on how best to balance these objectives. Building Height and Floor Area: The base height limit downtown is 50 feet and the highest achievable FAR is 3.0 using the City’s Housing Incentive Program, this program however, is not eligible for additional state density bonus incentives. While more study is expected on appropriate housing development standards through the Downtown Housing Plan effort, staff seeks Council’s input on increased height and FAR allowances. By way of reference, multi-family home builders tend to prefer seven or eight story buildings that extend 75 – 85 feet in height. This type of construction utilizes a two or three-story concrete podium structure with five stories of wood framed construction above. Adding height also adds costs especially for the podium construction so the respondents would need to consider associated cost implications. Staff is also sensitive to the concern that taller buildings in Palo Alto would result in privacy or shading impacts and may disrupt the suburban scale. Actual achievable FAR would depend on other building design features and components and may not be something that requires Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 8  Packet Pg. 176 of 368  1 0 4 4 1 0 4 4 specific guidance at this time if there is general support to increase FAR beyond the current, housing incentive program 3.0 standard. On-site Parking: The initial project concepts contemplate off-site parking for the new housing developments. However, on-site parking may be provided, albeit with at an increased cost and reduced density. In addition to new parking to be provided at a separate facility, understanding that recent state law allows developments within 0.5 miles of the transit center to be construct with any on-site parking, Council direction on whether to provide parking onsite for the housing development will better inform these refined proposals and assist in planning for the separate new parking discussed previously. Other Considerations. Staff welcomes additional feedback or expectations on other design components, such as: o Ground Floor Retail. There is no retail currently located at Lot T and the property is not located in the ground floor protection overlay. Staff does not recommend requiring ground floor retail. o Open Space. The affordable housing incentive program identifies a minimum of 50 square feet per unit of useable open space that can be achieved through balconies, terraces, at ground level, and rooftop gardens. o Transitional Height. Portions of Lot T are located within 150 of residential uses that may otherwise limit maximum achievable heights unless the Council were willing to consider adjustments to applicable standards. o Other Code Provisions. Development proposals may require other modifications or adjustments to base district zoning, staff will evaluate and identify these when a refined concept plan is presented to Council for consideration. FISCAL/RESOURCE IMPACT Request for Information Alta Housing and Mid Pen Housing Proposed Project Financials Based on project proformas provided by Alta Housing and MidPen Housing, their estimated average total cost is approximately $900,000 to $1,100,000 per housing unit. Similar to other affordable housing public-private partnership arrangements, there is expected to be a variety of funding and contribution from state and local agencies, as well as tax credits and loans. Financing is expected to significantly improve if the housing units are 60% AMI or lower. Conversely, financing the development of workforce housing would be more difficult and require significantly more financial support. Based on the responses, the City is expected to contribute the sites to the developer at a nominal cost via a long-term ground lease, and approximately $100,000 per housing unit to be developed and pay for the majority of the parking portion of the project. Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 9  Packet Pg. 177 of 368  1 0 4 4 1 0 4 4 New Parking Garage Financials 5, the estimated cost to construct the previously proposed 324- stall Lot D parking structure was approximately $30 million in March 2019. This includes four levels of above grade and one level of below grade parking, along with a 2,026 square foot retail unit. Using Engineering News-Record’s Construction Cost Index, the cost escalated to November 2023 would be roughly $36 million. Therefore, a rough order of magnitude cost estimate to develop a garage of similar size and footprint would be between $35 and $40 million. Construction costs of below grade parking are expected to be more expensive than above grade parking. Cost of constructing the parking component will likely be similar whether the City takes on the project or if it was built by a private firm, as prevailing wage is required and the permitting process will likely be the same, although private firms could potentially complete the project quicker as they usually have dedicated staff for these types of projects. Housing Projects Project Name Status Year # of Units Total Development Costs Cost Per Unit Parkmoor Community Apartments, San Jose Preconstruction Dec-23 81 $77,880,350 $961,486 Dry Creek Crossing, San Jose Preconstruction Dec-23 64 $61,630,513 $962,977 777 W San Carlos, San Jose Under construction Jul-23 154 $138,030,091 $896,299 5 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2019/9263.pdf Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 10  Packet Pg. 178 of 368  1 0 4 4 1 0 4 4 Project Name Status Year # of Units Total Development Costs Cost Per Unit 1860 Alum Rock Multifamily, San Jose Under construction Jul-23 60 $58,879,963 $981,333 Tamien Station, San Jose Under construction Jul-23 135 $133,192,614 $986,612 The Charles (551 Keyes), San Jose Under construction Jul-23 99 $88,453,887 $893,474 797 Almaden, San Jose Preconstruction Jun-24 99 $110,380,539 $1,114,955 353 Main St., Redwood City Complete 2023 125 $87,500,000 $700,000 1304 El Camino Real, Redwood City Under construction 2022 38 $28,880,000 $760,000 3500 E. 12th Street, Oakland Complete 2023 181 $144,568,335 $798,720 Parking Projects Project Name Status Year Type Building Area in Sq. Ft. # of Parking Stalls Total Cost of Parking Cost per Stall 400 Middlefield Road, Redwood City CA Complete Sep-21 Below grade 345,100 1,022 $52,122,000 $51,000 2300 Airport Blvd, San Jose, CA 95110 Complete Jun-21 Above grade 341,600 1,156 $43,028,337 $37,222 Livermore Village Parking Garage Construction Under construction 2021 - 2023 Unlisted Unlisted 550 $38,781,564 $70,512 175 N I Street, Livermore, CA 94551 Under construction 2021 - 2023 Unlisted Unlisted 274 $13,500,000 $49,270 STAKEHOLDER ENGAGEMENT The RFI that was issued gives the City the latitude to work with the firms directly and dictate the desired development standards. Staff is seeking policy direction from the City Council so that staff can address what the process might be and what process changes might be need in order to arrive at those policy outcomes. Staff will conduct additional stakeholder engagement as the projects progress. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) in that staff is seeking general policy direction for a future project. CEQA Guidelines Section 15378(b)(2). ATTACHMENTS Attachment A: Alta Housing RFI Response Attachment B: MidPen Housing RFI Response Attachment C: MidPen Presentation APPROVED BY: Kiely Nose, Administrative Services Director Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 11  Packet Pg. 179 of 368  AL TAHOUSING MARCH 2023 REQUEST FOR — PALO ALTO Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 12  Packet Pg. 180 of 368  TABLE OF CONTENTS SECTION ONE PROPOSER’S INFORMATIONFORM & COST PROPOSAL PAGE 03 SECTION TWO STATEMENT OF INTEREST SECTION THREE STATEMENT OF EXPERIENCE SECTION FOUR PROJECT CONCEPT SECTION FIVE PROJECT PROFORMA SECTION SIX PROJECT TEAM Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 13  Packet Pg. 181 of 368  SECTION ONE PROPOSER’SINFORMATIONFORM AND COST 3 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 14  Packet Pg. 182 of 368  Attachment A Proposer’s Information Form PROPOSER (please type/ print): Name:___A__lt_a__H_o__u_s_i n_ _g___________________________________________ 3__4_6_0__W__e_s_t_B__a_y_s_h_o__re_ _R__o_a_d_,__S_u_i_te__1_0_ _4___________________Address: ____6_5_0_-_3_2__1_-9__7_0_9_______ Email: ___i n_f_o_@__a__lt_a_h_o_u__s_i n_g__.o_r_g________ Ava Kuo Senior Project ManagerContact Person: _______________________________________Title: _______________ eMail (Required ): ___a__k_u_o_@_ _a__lt_a_h_o_u_s_ _i n_g_._o_r_g________________________________ Telephone (Required ): ___6_5_0_ _- 4_ _1_6_-_4_3_4_0_________________ Proposer, if selected, intends to carry on the business as (check one): Individual Joint Venture Partnership x When incorporated?_ _1_9_7_0_________ ___C_A___________ When authorized to do business in California? __1_9_7_0__ Other (explain):____________________________________________________ ADDENDA To assure that all Proposers have received each addendum, check the appropriate box(s) below. Failure Addendum number(s) received: Or, _____ _____No Addendum/Addenda Were Received (check and initial). PROPOSER’S SIGNATURE x 1;x 2; x 3;4;5;6; No proposal shall be accepted which has not been signed in ink in the appropriate space below: By signing below, the submission of a proposal shall be deemed a representation and City of Palo Alto 1 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 15  Packet Pg. 183 of 368  5 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 16  Packet Pg. 184 of 368  6 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 17  Packet Pg. 185 of 368  SECTION TWO STATEMENT OFINTEREST 7 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 18  Packet Pg. 186 of 368  STATEMENT OF INTEREST Alta Housing (formerly Palo Alto Housing) is a community-based nonprofit organization located in Palo affordable housing and resident services in Santa Clara and affordable housing where Downtown Palo Alto is the hub of the community and is an ideal location for affordable housing with affordable housing. The City’s strategy of using City-owned parking affordable housing is laudable, and a vital technique public agencies can use to facilitate much- affordable housing. Alta’s response identifies three parking lots that are most feasible for affordable housing and pinpoints two lots where new parking structures can be built. Our preliminary affordable/workforce housing, replace the parking spaces lost through the redevelopment of the 3 housing sites, accommodate the residential This response is Alta’s assessment of the most feasible sites for affordable housing and parking. Clearly, benefit of the City’s input, advice, and guidance. We see the City’s role as critical nonprofit sectors. We would 8 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 19  Packet Pg. 187 of 368  SECTION THREE STATEMENT OFEXPERIENCE Alta Housing is a private, nonprofit organization that builds, develops, acquires, and affordable and mixed-use developments, and have the full financially secure, vibrant projects. We take pride in the high-quality, safe housing The following 3 project profiles are examples of recent Alta Housing developments similar in 9 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 20  Packet Pg. 188 of 368  PROPERTY PROFILE LUNA VISTA Mountain View Development Profile Development Type: New Construction Type: 4 Story Construction Type-IIIA above 1 story Type -1Developer / Owner: Alta Housing Site Size: 0.61 Acre City of Mountain View Reference: Vera Gil (former Project Manager - Affordable Housing at City of Mountain View), vera_gil@yahoo. com Property Management: PAHC Density: 117 dwelling units/acre Target Population: 30-70% AMI Unit Count: 71 Architect: Van Meter Williams Pollack LLP Contractor: Nibbi Brothers 10 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 21  Packet Pg. 189 of 368  DEVELOPMENT DESCRIPTION Luna Vista is a new construction 71-unit 100% affordable housing community located a few blocks north Households will be well served by the site’s proximity to amenities, transit, shopping. Adults with intellectual or developmental disabilities who are seeking an independent living environment PAHC Management & Services and Housing Choices are providing resident services which includes case The site is within walking distance of City Hall, the public library, parks, small grocery shops, the The project consists of 70 studio units for residents and 1 two-bedroom apartment for the on-site first floor effect A roof top deck on the sixth floor includes resident seating areas floors, giving residents DEVELOPMENT TIMELINE OCT 2017 JUNE 2020 NOV 2021 EARLY 2022 -- Site Acquisition Commenced Completed Construction Full Occupancy 11 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 22  Packet Pg. 190 of 368  PROPERTY FEATURES LUNA VISTA GRAND OPENING Mountain View Mayor Lucas RamirezCongresswoman Eshoo 12 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 23  Packet Pg. 191 of 368  PROPERTY AMENITIES Residential Amenities • On-Site Parking • Community Room • Laundry Room Environmental Features • LEED Platinum Certified • Rooftop PV Panels • EV Charging Stations • Community Learning • Computer Lab • Roof Deck TRANSPORTATION STRATEGIES Automobile: 32 Spaces Bicycle: 71 Spaces Bus: Santa Clara Valley Transportation Authority FUNDING SOURCES City of Mountain View $22.7 Million Wells Fargo Community Development 4% LIHTC $17.5 Million California Community Reinvestment Corporation TOTAL $49.4 MILLION UNIT MIX TYPE UNIT COUNT SQFT Studio 70 391-403 2 Bedroom Luna Vista’s Art work was designed by clients from the 13 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 24  Packet Pg. 192 of 368  PROPERTY PROFILE FAIR OAKSCOMMONS Redwood City Development Profile Development Type: New Unit Count: 67 ConstructionDeveloper / Owner: Alta Housing Construction Type: 3-story Type V Site Size: 0.59 Acre over Type IA podium garageProperty Management: John Stewart Company Density: 114 dwelling units/acre Target Population: 30-70% AMI Redwood City Reference: Alin Lancaster, ALancaster@ redwoodcity.orgArchitect: Dahlin Group 14 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 25  Packet Pg. 193 of 368  DEVELOPMENT DESCRIPTION Fair Oaks Commons is a 67-unit 100% affordable housing community that provides independent The North Fair Oaks neighborhood is heavily rent-burdened and this infill development was an affordable housing. To ff. This project was the first in San Mateo County to utilize SB 35 to streamline The property is centrally located on El Camino Real, 1/3 mile away from the Woodside Central Alta Housing has partnered with the local Veterans Affairs office and Mental Health Association The North Fair Oaks neighborhood underwent a phased rezoning to revitalize the community. Of the 67 total units at Fair Oaks Commons, 47 units are set-aside for extremely low-income FUNDING SOURCES Wells Fargo Community Development 9% LIHTC $27 Million $7.1 Million $6.8 Million Federal Home Loan Bank-SF TOTAL $41.9 MILLION UNIT MIX TYPE UNIT COUNT SQFT Studio 61 5 370-410 5751 Bedroom 794 15 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 26  Packet Pg. 194 of 368  PROPERTY AMENITIES Residential Amenities • Community Room • Laundry Room • Community Kitchen • Outdoor Exercise Equipment • Computer Lounge • Multiple Work / Study Lounges • Outdoor Electric BBQ Grill Environmental Features • LEED Platinum • Solar Photovoltaic Panels • Drought Tolerant Landscaping • Occupancy Sensors on All Common TRANSPORTATION STRATEGIES Automobile: 50 Spaces; 0.75 Parking Ratio Bicycle: 45 Spaces Bus: San Mateo County Transit District Train: Redwood City Caltrain Station is GreenTRIP Certified Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 27  Packet Pg. 195 of 368  DEVELOPMENT TIMELINE MARCH 2021MAY 2016 FEB 2019 NOV 2020 ----Full OccupancySite Acquisition Commenced Completed Construction SITE PLAN - GROUND FLOOR SITE PLAN - SECOND FLOOR 17 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 28  Packet Pg. 196 of 368  PROPERTY PROFILE WILTONCOURT Palo Alto Development Profile Contractor: L&D Construction Unit Count: 59 Developer / Owner: Alta Housing Development Type: New Construction Site Size: 20,191 SF (0.46 acres) Density: 128 dwelling units/acre Target Population: 30-60% AMI Construction Type: 3-story Type VA garage and basement)Property Management: PAHC Architect: PYATOK architecture + urban design 18 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 29  Packet Pg. 197 of 368  DEVELOPMENT DESCRIPTION DEVELOPMENT TIMELINEWilton Court is a new construction, 59-unit, 100% affordable housing community located in Palo Alto’s Ventura neighborhood. Households are well served by the site’s proximity to amenities, transit, shopping, parks, and location first all-electric apartment building.2012-2013 - Site Acquisition Twenty-one (21) apartments are set aside for adults with non-profits, Housing Choices Coalition 2017 - Initial Study Session 2018 - Affordable Housing 2019 - Entitlements Approved PAHC Management & Services and Housing Choices management, activities to promote resident engagement, 2020 - Final Design Review ApprovalThe project consists of 55 studio and 4 one-bedroom NOV 2020 - Commenced NOV 2022 - Occupancy 19 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 30  Packet Pg. 198 of 368  RESIDENTIAL AMENITIES • On-site parking • Community room with kitchen • Laundry room • Activity room with computer lab • Podium deck with landscaping and social seating areas • Heating/air conditioning in common areas and units • Small lounge on fourth floor ENVIRONMENTAL FEATURES Meets California Green Building Code, Tier 2, and TRANSPORTATION STRATEGIES GreenPoint Rated Gold minimum anticipated Automobile: 41 spaces with 8 EV chargers for 16 spaces Bicycle: 70 spaces in secured room and 8 spaces on-street • 100% electric • Rooftop PV and Solar Hot Water panels • EV Charging on-site Bus: Santa Clara Valley Transportation Authority (VTA) bus • Drought tolerant landscaping Bio-retention stormwater management FUNDING SOURCES• Recycled water for landscape irrigation and irrigation metering • Large Oak tree saved on site Total Project Cost: $46.3 million • Low-flow and water-efficient plumbing fixtures • Energy efficient appliances Construction Financing: • $24 Million Wells Fargo Construction Loan • $20.5 Million City of Palo Alto Loan • $2.8 Million Santa Clara County Loan Permanent Funding: • Reduced cement content concrete Low VOC paints and finishes • Resilient and durable flooring throughout • $4.5 Million from Conventional Perm Loan- A Tranche (estimated) • $20 Million from City of Palo Alto • $2.8 Million From County of Santa Clara Supportive Housing Loan • $16.5 Million 4% tax credits 20 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 31  Packet Pg. 199 of 368  Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 32  Packet Pg. 200 of 368  DESIGN NOTES Wilton Court is PYATOK’s third community built with Alta Housing in Palo Alto: the first being Oak Court, affordable housing serving families in downtown, completed in 2005, and Tree House Apartments, affordable studios on West Charleston Road, completed in 2011. Organized as a simple L-shape atop a garage, the building steps down toward the neighborhood and shapes a traffic and matching the pattern of neighborhood floor also contains a community kitchen, activity room, common offices. Secured bicycle parking is entered from El Camino Real as well The building’s simple massing is clad primarily with a terra cotta rain-screen in a stacked bond pattern, and two floor materials are a mix of board-formed concrete and a capless aluminum storefront offset mullions that bend away from the sidewalk to allow additional sidewalk landscaping. Residential Wilton Court’s interior design is built around a concept of dignity: wayfinding through subtle color and texture changes, consistency in locating commonly used resources and appliances, and ease of reaching and grasping FLUSH WALL CAP, PAINTED NEACERA TERRACOTTA TILE, STACKED BREAK METAL SUNSHADE, KYNAR SILVER SATIN FINISH PROJECTING ALUMINUM WALL STUCCO, PAINT COLOR STUCCO, PAINT COLOR VINYL WINDOWS,NEW CONCRETE SIDEWALK CAPLESS DARK BRONZE ALUMINUM STOREFRONT, OFFSET MULLIONS COLORED ALUMINUM PANEL BETWEEN WINDOWS, PAINTED CLAY POT (DE5174) VERTICAL BOARD- FORMED CONCRETE, CLEAR GRAFITTI COATING 22 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 33  Packet Pg. 201 of 368  SECTION FOUR PROJECT CONCEPT 23 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 34  Packet Pg. 202 of 368  DEVELOPMENT CONCEPT The Alta Housing team evaluated the 12 City-owned parcels identified in the RFI. We determined affordable housing from a financing and operational affordable units. More Developing these Downtown parking sites would be an exciting opportunity, since Alta Housing has an affordable communities. The RFI lists workforce housing for City or Palo Alto Unified School District (PAUSD) employees as a Below, we have also identified two City-owned parcels with the potential for new above-grade parking 24 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 35  Packet Pg. 203 of 368  LOT A - 431 EMERSON STREET The large and rectangular parking lot at the corner of Emerson Street and Lytton Avenue provides affordable housing. Providing affordable housing for young families in the benefit the Palo Alto Unified School District, which has seen its enrollment shrink Alta Housing is particularly interested in this site because we own and operate the adjacent property at benefit from shared community For this project, we envision an L-shaped, four story building with active frontages including townhomes roofline is at 60 feet and the top of the parapet efficient above grade parking structure, across the street at Lot O The building’s on-site amenities would include laundry facilities, a large community room with an ample offices for supportive services and property management and an at-grade 6000 benefit tremendously from having access to the On the ground level, along Emerson Avenue, there would be six two-bedroom townhomes with offices would be on the ground level on the Lytton side of the offices across the street. We propose to finance the development with a combination of City, County, State, and Low Income affordable rental homes for residents between 30% and affordability at 44% AMI. In Santa Clara County, a 4-person household at 30% We foresee the land being nominally ground leased (i.e., $1/year) for an extended period of 55 or more affordable lender and investor financing and obtaining entitlements would make us eligible for financing that would be crucial to applying for Tax Credits. The County, State, and Tax Credits financing timing risks. The lot is currently zoned 1. Palo Alto Housing Element, page xx.25 2. Avenidas 2022 Community Assessment Survey for Older Adults, page 8 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 36  Packet Pg. 204 of 368  Lot A 431 Emerson Street 1611 TELEGRAPH AVE. ALTA HOUSINGMass Floor Schedule25' - 0"6' - 0"25' - 0"137' - 0" Mass: Family LEVEL 1 Floor Area Utility 1117 SF WASTE Circulation Amenity LEVEL 2 485 SF Circulation 2525 SF 3BR 2BR LEVEL 3 275 SF Circulation 2525 SF 6' - 0" 22' - 0"22' - 0"33' - 0"44' - 0"10' - 0" LEVEL 4 275 SF Circulation 2525 SF STUDIO LEVEL 5 1BR 1BR 2BR 3BR 275 SF 2525 SF TOTAL: Total Unit Mix: JC IDF Total Units - 57 (750 gsf avg) Studios (400 SF)03 (05%) 2 BR TH (1,100 SF) 06 (11%)3BR 3BR 1BR 1BR 1BR 1BR 1BR 3 BR (1,100 SF)14 (25%) 25' - 0"26' - 0"22' - 0"22' - 0"22' - 0"22' - 0"22' - 0"22' - 0"10' - 0" Level 03-05 3/32" = 1'-0"3 ALLEY 193' - 0" 5' - 0"20' - 0"31' - 0"137' - 0" ELECT. RM WASTE STAMP: COURTYARD PLUMB. RMOFFICE 3D Axon East REVISION SCHEDULEE DATE BIKE RM 6' - 0"22' - 0"22' - 0"33' - 0"44' - 0"10' - 0" 1BR 1BR 2BR 3BRLAUNDRY MAIL 2 BR 2 BR 2 BR 2 BR 2 BR 2 BR JOB NUMBER:0000 COMMUNITY ROOM Author CheckerCHECKED BY: xx/xx/xxxx SCALE:As indicated TITLE: PALO ALTO LOT A 5' - 0"46' - 0"22' - 0"22' - 0"22' - 0"22' - 0"22' - 0"22' - 0"10' - 0"SHEET: LOT AEMERSON ST Level 01 3/32" = 1'-0" 3D Axon West W1 PRELIMINARY - Not for Construction ©2019 PYATOK ARCHITECTURE & URBAN DESIGN 26 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 37  Packet Pg. 205 of 368  LOT C - 264 LYTTON AVENUE Parking Lot C on Ramona Street would be an ideal location for creating vibrant, affordable senior benefit from being steps away from the flower Over the last ten years, Palo Alto’s senior population has grown by 19%1. Avenidas’ Bryant street location fitness and health programs to technology classes. It is In Avenidas’ 2022 Community Assessment Survey of Older Adults, participants rated the overall quality 2 Similar to Lot A, we would provide 40 reserved parking spaces in the new parking garage at Lot O. The Alta Housing proposed development would be a rectangular double loaded building with five stories. The ground level would be concrete, with four floors of Type V (wood frame) or five floors of Type III (fire-treated wood frame) over the podium. This 60,000 square foot building would be a welcoming home for seniors with 76 apartments including The ground floor design would support an active pedestrian experience with plentiful storefront offices, a large community room 27 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 38  Packet Pg. 206 of 368  Lot C 264 Lyton Avenue 1611 TELEGRAPH AVE. Site Area: +/-12,951 SF T. 510.465.7010 | F. 510.465.8575www.pyatok.com Alta Housing Sobrato Center for Mass Floor Schedule Mass: Type Floor Area LEVEL 1 3755 SF LEVEL 2 162 SF Circulation 1927 SF 10400 SF LEVEL 3 162 SF Circulation 1927 SF 10399 SF LEVEL 4 162 SF Circulation 1927 SF 10399 SF LEVEL 5 162 SF Circulation 1927 SF 10399 SF LEVEL 6 162 SF Circulation 1927 SF 8684 SF TOTAL:8' - 6"211' - 0" 26' - 0"17' - 6"26' - 0"26' - 0"26' - 0"26' - 0"10' - 0"27' - 6"Total Unit Mix: Total Units - 76 (535 gsf avg) STUDIO (400 SF)9 (11.8%) 66 (86.9%) (1.3%) 1 BR (550 SF) 1 S 1BR 2BR TOTAL 1BR S 1BR 1BR 1BR 1BR 1BR 1 BR 3D Axon East L1 0 5 0 5 E 13 15 (no unit L6)2BR MANAGERS' WASTE JC TOTAL 66 1BR 1BR 1BR 1BR S 1BR (no unit L6) 1BR (no unit L6) 9' - 0"26' - 0"28' - 6"147' - 6" STAMP: Level 02-06 3 = 1'-0"1/16" SENIOR CENTER REVISION SCHEDULE DATE 219' - 6" 104' - 0"8' - 6"43' - 6"62' - 0"1' - 6" MECH. / ELEC.COMMUNITY 1BR 1BR 1BR 1BR 1BR WASTE MAIL RESTROOMS LAUNDRYOFFICES LOBBY OFFICES BIKES MECH. / ELEC. 26' - 0" 1' - 6" &LOUNGE PORCH JOB NUMBER:0000 Author CheckerCHECKED BY: 8' - 6"17' - 6"26' - 0"63' - 6"26' - 0"50' - 6"xx/xx/xxxx 219' - 6"SCALE:As indicated Pal Alto Lot C - Seniors RAMONA ST SHEET: LOT CLevel 01 1/16" 3D Axon West1 = 1'-0" PRELIMINARY - Not for Constructio ©2019 PYATOK ARCHITECTURE & URBAN DESIGN 28 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 39  Packet Pg. 207 of 368  LOT T - 450 LYTTON AVENUE Lot T with its rectangular shape, size, and location on a corner lot is ideal for an affordable large family roofline would be at 60 feet and the top of the parapet would reach 70 feet. Our unit mix would include Because of its location in the Downtown, we propose walk-up townhome units along Kipling Street offices that face Lytton Avenue complement the commercial/office To minimize construction costs, the building would be at grade with no underground parking. Parking offsite in a highly efficient above grade parking structure. This would allow us to floor along both street frontages and interior at-grade residential courtyard. The building’s on-site amenities would include laundry facilities, a large community room with kitchen offices for supportive services and property management and an at-grade We intend to finance the development with a combination of City, County, State, and Low Income affordable rental homes for residents between 30% We foresee the land being nominally ground leased (i.e., $1/year) for an extended period of 55 or affordable lender financing and obtaining entitlements would make financing that would be crucial to applying for Tax Credits. The County, State, financing timing risks. The 29 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 40  Packet Pg. 208 of 368  Parcel T T.O. PARAPET 450 Lytton Avenue 1611 TELEGRAPH AVE. ROOF +60' - 0" LEVEL 6 Alta Housing GROSS BUILDING AREA (GSF)LEVEL 5 Name LEVEL 1 Floor Area Palo Alto, CA LEVEL 4 Amenity 2,947 SF 1,822 SF 600 SF 6,105 SF 1,575 SF 13,049 SF Circulation - Horiz. LEVEL 3 Service LEVEL 2 LEVEL 2 Circulation - Vertical 600 SF 8,580 SF 9,180 SF LEVEL 1 LEVEL 3 Amenity 200 SF 1,622 SF 600 SF 10,690 SF 280 SF 4 Circulation - Horiz.T0.01 WASTE Kipling Street (North) 41/16" = 1'-0" 44' - 0"22' - 0"22' - 0"22' - 0"22' - 0"22' - 0"10' - 0"4' - 0"Service 13,392 SF LEVEL 4 Amenity 200 SF 1,622 SF 600 SF 10,690 SF 280 SF Circulation - Horiz. 3BR 1BR 1BR 1BR 1BR S Service 13,392 SF LEVEL 5 Amenity 200 SF 1,622 SF 600 SF 10,690 SF 280 SF Circulation - Horiz. 3' - 0" 2 BR 3BR 1BR Service 3BR 13,392 SF MECH.LEVEL 6 200 SF 1,622 SF 600 SF 10,690 SF 280 SF 5' - 0"32' - 0"44' - 0" Service STAIR 13,392 SFLAUNDRYROOF3BR600 SF 600 SF 76,397 SFTotal Building Area: 1BR Open Space (Courtyard):4,400 GSF 25' - 0"6' - 0"25' - 0"UNIT MIX: Total Units - 73 (780 gsf average) 56' - 0"81' - 0"25' - 0"6' - 0"Studio (400 GSF)05 (07%) 3 BR (1,100 GSF) 21 (29%) UPPER FLOOR PLAN (L3-L5)21/16" = 1'-0" 4 T0.01 3D Axon - Courtyard 5 STAMP: 168' - 0" 22' - 0"22' - 0"22' - 0"22' - 0"22' - 0"22' - 0"22' - 0"10' - 0" 4' - 0" STUDIO (LEVEL 2) WASTE REVISION SCHEDULELOBBY 2BR 2BR 2BR 2BR 2BR DATE OFFICE 2BR 3BR 1BRMECH. OFFICE 3' - 0"3BR SERVICE /JOB NUMBER:0000 Author CheckerBIKESCHECKED BY: xx/xx/xxxx SCALE:1/16" = 1'-0" TITLE: 25' - 0"6' - 0"25' - 0"81' - 0"25' - 0"Parcel T Site Study 56' - 0"6' - 0" SHEET:T0.01 GROUND FLOOR PLAN (L1)3D VIEW 31 PRELIMINARY - Not for Construction1/16" = 1'-0" ©2019 PYATOK ARCHITECTURE & URBAN DESIGN 30 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 41  Packet Pg. 209 of 368  LOT O - 460 EMERSON STREET We chose this location to redevelop the current lot into a 6-story parking structure with approximately affordable LOT D - 375 HAMILTON The City has an existing set of plans for a parking structure on this lot. We would recommend that the affordable housing development on Lot T. The remaining 326 spaces would be The 606 spaces in Lots O and D would cover the removal of existing surface spaces in Lots A, C, T, O & PARKING STRUCTURE FINANCING We would start by having conversations with the City staff on how to best finance the parking structures, financing sources are suggestions. We anticipate the identified gap could be filled We have consulted Douglas Parking, which owns, manages, or leases approximately 150 parking facilities across the country serve a variety of uses, including mixed-use properties, hospitals, commercial offices, universities, and residential communities. Housing development on Lots A, C, and T would provide development in-lieu fees of $23.8 million Infill Infrastructure Grant funding from firm to work with, in applying for HCD IIG funding, and in figuring out the timing of affordable 31 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 42  Packet Pg. 210 of 368  SECTION FIVE PROJECT PROFORMA 32 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 43  Packet Pg. 211 of 368  LOT A - 431 EMERSON STREET Assumptions Number of Units: 57 Housing Type: Large family Parking: 100% offsite, 45 spaces in Lot O across the street (0.75 ratio + 2 staff spaces) Parking In-Lieu Fee: $5,193,180 which can be included in Lot O financing Interest Rate: 8.25% Tax-exempt construction loan 8.50% Taxable construction loan 7.25% Permanent loan Timing: 2 years for City to select developer and enter into an ENA 2 years for predevelopment Construction start Early 2027 Unit Mix Schedule UNIT %#GROSS UTILITY TOTAL NET ANNUAL RRH S8 PBV TOTAL MEDIAN UNITS RENTS ALLOWANCES MONTHLY RENT UNITS ELI ANNUAL INCOME RENT UNITS SUBSIDY Studio 30% 30% 30% 30% 60% 60% 60% 60% MNGR 2 13 8 885 948 36 0 849 20,376 141,180 103,680 104,160 20,808 266,832 186,228 183,888 0 2 8 3 - 0 5 5 5 - 0 95,160 2 bd 3 bd Studio 1 bd 1,138 1,314 1,770 1,896 2,275 2,628 0 1,080 1,240 1,734 1,853 2,217 2,554 0 114,180 7 155,640 1 0 12 7 --0 2 bd 3 bd 3 bd Total --0 6 --0 1 -- 57 1,027,152 15 15 364,980 Total Gross Rental Income from Units 1,392,132 Permanent Sources of Financing SOURCE AMOUNT PER UNIT INTEREST TERM Bank Loan Santa Clara County Funding Bay Area HFA 4,736,877 8,550,000 5,061,552 83,103 150,000 88,799 7.25%35 3% CA HCD Funding City of Palo Alto Funding Tax Credit Equity 10,000,000 6,000,000 23,539,580 57,888,009 175,439 105,263 412,975 1,015,579 4% 3% Total Sources 33 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 44  Packet Pg. 212 of 368  Development Budget USES AMOUNT PER UNIT Acquisition & Holding Cost 0 0 Hard Costs - 70% Construction Contract 36,837,824 646,278 Soft Costs - 30% Architecture & Engineering 2,373,472 41,640 Construction Loan Financing Permanent Loan Financing 81,632 1,432 Other Soft Costs 2,060,404 36,147 Total 57,888,009 1,015,579 Tax Credit Calculation Total Development Cost 57,888,009 x DDA/QCT Boost 130% Adjusted Eligible Basis Qualified Basis 63,966,250 x Tax Credit Rate Annual Tax Credits 2,558,650 25,586,500 23,539,580 Total Tax Credits (10 years) Total Tax Credit Equity 0.92 23,539,580 34 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 45  Packet Pg. 213 of 368  Cash Flow Projection ESCALATION YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 YR 7 YR 8 YR 9 YR 10 YR 11 YR 12 YR 13 YR 14 YR 15 Rental Income from Rents 2.50%1,027,152 1,052,831 1,079,152 1,106,130 1,133784 1,162,128 1,191,181 1,220,961 1,251,485 1,282,772 1,314,841 1,347,712 1,381,405 1,415,940 1,451,339 Rental Subsidy 364,980 370,455 376,012 381,652 387,376 393,187 399,085 405,071 411,147 417,314 423,574 429,928 436,377 442,922 449,566 Less Vacancy (69,607) (71,164)(72,758) (74,389) (76,058) (77,766) (79,513) (81,302) (83,132) (85,004) (86,921) (88,882) (90,889) (92,943) (95,045) Effective Gross 1,322,525 1,352,121 1,382,405 1,413,393 1,445,102 1,477,550 1,510,753 1,544,731 1,579,501 1,615,082 1,651,495 1,688,758 1,726,893 1,765,920 1,805,860 Less Operating 3.50%(798,000) (825,930) (854,838) (884,757) (915,723) (947,774) (908,946) (1,015,279) (1,050,814)(1,087,592) (1,125,658) (1,165,056) (1,205,833) (1,248,037) (1,291,718) 434,376 434,407 434,052 433,287 432,090 430,437 428,302 425,660 422,483 418,742 Less Mandatory Net Operating Less Debt Service (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) Debt Service Coverage Ratio 1.15 1.15 1.16 1.16 1.16 1.16 1.16 1.16 1.16 1.16 1.15 1.15 1.14 1.13 1.12 Net Cash Flow 55,973 57,639 59,015 60,084 60,826 61,223 61,255 60,899 60,134 58,938 57,284 55,150 52,508 49,330 45,589 LP Asset Management Fee 3%(7,500)(7,725)(7,957)(8,195)(8,441)(8,865)(8,955)(9,224)(9,501)(9,786)(10,079) (10,382)(10,693)(11,014)(11,344) Partnership Management Fee (17,500) (18,025) (18,566)(19,123)(19,696) (20,287) (20,896) (21,523) (22,168) (22,834) (23,519) (24,224)(24,951) (25,699) (26,470) 32,688 32,242 31,403 30,152 28,465 26,318 23,687 20,544 16,864 12,617 7,774 Deferred Developer Fee 50%(15,486) (15,944) (16,246) (16,383) (16,344)(16,121)(15,702) (15,076) (14,233)(13,159)(11,843)(10,272)(8,432)(6,308)(3,887) Distribution to 35 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 46  Packet Pg. 214 of 368  LOT C - 264 LYTTON AVENUE Assumptions Number of Units: 76 Housing Type: Seniors Parking: 100% offsite, 40 spaces in Lot O 1 block away (0.5 ratio + 2 staff spaces) if residents can cut through mid-block financing Lot O garage will be under construction when Lot C begins and will residents a place to park Unit Mix Schedule UNIT %#GROSS UTILITY TOTAL NET ANNUAL RRH S8 PBV TOTAL MEDIAN UNITS RENTS ALLOWANCES MONTHLY RENT UNITS ELI ANNUAL INCOME RENT UNITS SUBSIDY Studio 30%9 10 0 885 948 1,770 1,896 0 36 0 849 905 1,734 1,853 0 91,692 108,600 0 -9 10 - 146,880 190,320 Studio 50%0 50%56 1 1,245,216 -0 2 bd MNGR - Total 76 1,445,508 19 337,200 Total Gross Rental Income from Units 1,782,708 Permanent Sources of Financing SOURCE AMOUNT PER UNIT INTEREST TERM Bank Loan 5,854,488 11,400,000 6,000,000 11,291,292 77,033 150,000 78,947 7.25%35 Santa Clara County Funding 3% 148,570 3% CA HCD Funding Total Sources 14,000,000 81,815,053 4% 437,754 1,076,514 36 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 47  Packet Pg. 215 of 368  Development Budget USES AMOUNT PER UNIT Acquisition & Holding Cost 0 0 Hard Costs - 70% Construction Contract 52,064,124 685,054 Soft Costs - 30% Architecture & Engineering 3,124,174 41,147 2,500 60,739 131,714 4,616,160 10,010,286Construction Loan Financing Permanent Loan Financing 108,843 1,432 Other Soft Costs 6,492,053 85,422 Total 81,815,053 1,076,514 Tax Credit Calculation Total Development Cost 81,815,053 69,542,795 x DDA/QCT Boost 130% Adjusted Eligible Basis Qualified Basis 90,405,633 x Tax Credit Rate Annual Tax Credits 3,616,225 36,162,253 33,269,273 Total Tax Credits (10 years) Total Tax Credit Equity 0.92 33,269,273 37 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 48  Packet Pg. 216 of 368  Cash Flow Projection ESCALATION YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 YR 7 YR 8 YR 9 YR 10 YR 11 YR 12 YR 13 YR 14 YR 15 Rental Income from Rents 2.50%1,445,508 1,481,646 1,518,687 1,556,654 1,595,570 1,635,460 1,676,346 1,718,255 1,761,211 1,805,241 1,850,372 1,896,632 1,944,048 1,992,649 2,042,465 Rental Subsidy 337,200 342,258 347,392 352,603 357,892 363,260 368,709 374,240 379,853 385,551 391,334 397,204 403,162 409,210 415,348 Less Vacancy (89,135)(91,195) (93,304) (95,463)(97,673)(99,936) (102,253) (104,625) (107,053) (109,540) (112,085) (114,692)(117,361) (120,093) (122,891) Effective Gross 1,693,573 1,732,709 1,772,775 1,813,794 1,855,789 1,898,784 1,942,802 1,987,870 2,034,011 2,081,253 2,129,621 2,179,144 2,229,850 2,281,766 2,334,922 (1,064,000) (1,101,240) (1,139,783) (1,179,676) (1,220,964) (1,263,698) (1,307,928)(1,353,705)(1,401,085) (1,450,123) (1,500,877) (1,553,408) (1,607,777) (1,664,049) (1,722,291)Less Operating 3.50% Less Mandatory (99,200) (99,200) (99,200) (99,200) (99,200)(99,200) (99,200) (99,200) (99,200) (99,200) (99,200) (99,200) (99,200) (99,200) (99,200) Net Operating 535,886 535,675 534,965 533,726 531,930 529,544 526,537 522,872 518,516 513,431 Less Debt Service (461,194) (461,194) (461,194) (461,194) (461,194)(461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) Debt Service Coverage Ratio 1.15 1.15 1.16 1.16 1.16 1.16 1.16 1.16 1.16 1.15 1.15 1.14 1.13 1.12 1.11 Net Cash Flow 69,179 71,075 72,598 73,725 74,431 74,692 74,481 73,771 72,533 70,737 68,351 65,343 61,679 57,323 52,238 LP Asset Management Fee 3%(7,500)(7,725)(7,957)(8,195)(8,441)(8,695)(8,955)(9,224)(9,501)(9,786)(10,079)(10,382)(10,693)(11,014)(11,344) Partnership Management Fee (17,500)(18,025) (18,566)(19,123)(19,696)(20,287) (20,896) (21,523) (22,168) (22,834) (23,519)(24,224)(24,951) (25,699) (26,470) 45,710 44,630 43,024 40,864 38,117 34,753 26,035 20,610 14,423 Deferred Developer Fee 50%(22,090) (22,662) (23,038) (23,203)(23,147)(22,855)(22,315) (21,512) (20,432) (19,059) (17,376)(15,369)(13,017)(10,305)(7,212) Distribution to 38 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 49  Packet Pg. 217 of 368  LOT T - 450 LYTTON AVENUE Assumptions Number of Units: 73 Housing Type: Large Family Parking: 100% offsite, 58 spaces in Lot D 2 blocks away (0.75 ratio + 2 staff spaces) Parking In-Lieu Fee: $6,693,432 which can be included in Lot D financing Interest Rate: 8.25% Tax-exempt construction loan 8.50% Taxable construction loan 7.25% Permanent loan Timing: After Lot A is completed 3rd housing project, at 1 construction start per year Unit Mix Schedule UNIT %#GROSS UTILITY TOTAL NET ANNUAL RRH S8 PBV TOTAL MEDIAN UNITS RENTS ALLOWANCES MONTHLY RENT UNITS ELI ANNUAL INCOME RENT UNITS SUBSIDY Studio 30% 30% 30% 30% 60% 60% 60% 60% MNGR 3 14 11 885 948 36 0 849 30,564 152,040 142,560 148,800 41,616 3 14 2 0 - 0 0 9 10 - 0 0 2 bd 3 bd Studio 1 bd 1,138 1,314 1,770 1,896 2,275 2,628 0 1,080 1,240 1,734 1,853 2,217 2,554 0 205,524 10 311,280 0 13 289,068 --0 2 bd 3 bd 3 bd Total --0 10 --0 -- 73 1,350,564 19 19 516,804 Total Gross Rental Income from Units 1,867,368 Permanent Sources of Financing SOURCE AMOUNT PER UNIT INTEREST TERM Bank Loan 6,954,854 95,272 150,000 82,192 7.25%35 Santa Clara County Funding 10,950,000 3% 157,841 3% CA HCD Funding 14,000,000 33,873,373 83,300,641 4% Tax Credit Equity 464,019 1,141,105Total Sources 39 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 50  Packet Pg. 218 of 368  Development Budget USES AMOUNT PER UNIT Acquisition & Holding Cost 0 0 Hard Costs - 70% Construction Contract 53,009,499 726,158 Soft Costs - 30% Architecture & Engineering 3,173,970 43,479 6,693,432 Construction Loan Financing Permanent Loan Financing 104,546 1,432 Other Soft Costs 5,213,101 71,412 Total 83,300,641 1,0141,105 Tax Credit Calculation Total Development Cost 83,300,641 70,805,545 x DDA/QCT Boost 130% Adjusted Eligible Basis Qualified Basis 92,047,209 x Tax Credit Rate Annual Tax Credits 3,681,888 36,818,884 33,873,373 Total Tax Credits (10 years) Total Tax Credit Equity 0.92 33,873,373 40 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 51  Packet Pg. 219 of 368  Cash Flow Projection ESCALATION YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 YR 7 YR 8 YR 9 YR 10 YR 11 YR 12 YR 13 YR 14 YR 15 Rental Income from Rents 2.50%1,350,564 1,384,328 1,418,936 1,454,410 1,490,770 1,528,039 1,566,240 1,605,396 1,645,531 1,686,669 1,728,836 1,772,057 1,816,358 1,861,767 1,908,312 Rental Subsidy 516,804 524,556 532,424 540,411 548,517 556,745 565,096 573,572 582,176 590,909 599,772 608,769 617,900 627,169 636,576 Less Vacancy (116,711)(119,305) (121,960) (124,676) (127,455) (130,299) (133,209) (136,816) (139,232) (142,349) (145,538) (148,802) (152,141) (155,559) (159,055) Effective Gross 1,750,658 1,789,579 1,829,401 1,870,144 1,911,831 1,954,485 1,998,128 2,042,783 2,088,475 2,135,229 2,183,070 2,232,024 2,282,118 2,333,378 2,385,832 (1,022,000) (1,057,770) (1,094,792) (1,133,110) (1,172,769) (1,213,815) (1,256,299) (1,300,269) (1,345,779) (1,392,881) (1,441,632) (1,492,089) (1,544,312) (1,598,363) (1,654,306)Less Operating 3.50% Less Mandatory (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600)(98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600)(98,600) Net Operating 630,058 633,209 636,009 638,435 640,463 642,069 643,229 643,914 644,096 643,748 642,838 641,335 639,205 636,415 Less Debt Service (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) Debt Service Coverage Ratio 1.15 1.16 1.16 1.17 1.17 1.17 1.17 1.18 1.18 1.17 1.17 1.17 1.17 1.16 1.16 Net Cash Flow 82,181 85,333 88,133 90,558 92,587 94,193 95,353 96,037 96,220 95,872 94,962 93,459 91,329 88,538 85,050 LP Asset Management Fee 3%(7,500)(7,725)(7,957)(8,195)(8,441)(8,695)(8,955)(9,224)(9,501)(9,786)(10,079)(10,382)(10,693)(11,014)(11,344) Partnership Management Fee (17,500)(18,025) (18,566)(19,123)(19,696) (20,287) (20,896)(21,523)(22,168) (22,834) (23,519)(24,224)(24,951) (25,699)(26,470) 64,449 65,212 65,501 58,853 55,685 51,825 Deferred Developer Fee 50%(28,591)(29,791) (30,805) (31,620) (32,225) (32,606)(32,751)(32,645) (32,276) (31,626) (30,682) (29,427)(27,843)(25,913)(23,618) Distribution to 41 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 52  Packet Pg. 220 of 368  CONSTRUCTION COSTS DESCRIPTION ACTUAL COST LOT A LOT C LOT T 57 UNITS 76 UNITS 73 UNITS PROJECT WITH JOINT SEALANTS 57,179 508,103 957,986 2,050,242 333,939 19,132 45,904 61,206 543,885 1,025,450 2,194,625 357,456 20,479 58,790 522,416 94,972 DOORS, FRAMES & HARDWARE 769,087 1,645,969 268,092 15,359 2,107,995 343,346 CERAMIC TILE ACOUSTICAL CEILINGS / ALLOWANCES 499,251 400,807 534,410 513,314 457,092 439,049 284,770 793,509 CODE SIGNAGE 35,556 PASSENGER ELEVATOR 304,041 2,564,063 509,741 244,089 2,058,473 409,229 1,043,139 2,594,553 22,920,354 325,452 2,744,631 545,638 1,390,851 3,459,404 30,560,471 312,606 2,636,290 524,100 1,335,949 3,322,849 29,354,137 FIRE PROTECTION HVAC 1,299,348 3,231,812 28,549,914 ELECTRICAL SUBTOTAL PROPERTY LIABILITY & DAMAGE 114,200 1,146,565 208,479 (73,538) 91,682 920,482 167,370 (59,038) 122,242 1,227,309 223,161 117,417 1,178,863 214,352 (75,609) GC PAYMENT & PERFORMANCE BOND SUBCONTRACTOR OCIP DEDUCT (78,717) CONSTRUCTION CONTINGENCY 570,998 458,407 611,209 587,082 ESCALATION TO START OF 12,338,567 19,398,449 21,633,258 CONSTRUCTION (6% per year) TOTAL CONSTRUCTION COST 30,516,618 36,837,824 52,064,124 53,009,499 NUMBER OF UNITS 71 57 76 73 CONSTRUCTION COST PER UNIT 429,812 646,278 685,054 726,158 42 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 53  Packet Pg. 221 of 368  LOT O PARKING LOT - 460 EMERSON STREET Assumptions Number of Stalls: 222 Reserved Stalls: 45 Lot A Housing 40 Lot C housing 25 Avenidas 110 Total Reserved 112 Total General Public Timing: 2 years for City to select developer and enter into an ENA 2 years for predevelopment Construction start Early 2027 Development Cost Estimated all-in cost to build in 2023 25,619,688 28,835,185 @ $115,404 per space for 4 years Total cost to build 222-space garage at Lot O PotentialSources of Financing SOURCE AMOUNT PER UNIT Bank Loan Lot A In-Lieu Fee Lot C In-Lieu Fee City of Palo Alto CA HCD IIG Funding GAP 359,584 5,193,180 1,620 23,393 20,794 31,532 20,270 32,280 129,888 4,616,160 7,000,000 4,500,000 7,166,260 28,835,185Total Operations Income from Permits or Parking Revenue 100,800* Net Operating Income Less Debt Service DSCR 1.25 (34,105) *equivalent to: 112 annual permits or $2.47 per “General Public” space per day (likely to be a combination)43 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 54  Packet Pg. 222 of 368  LOT D PARKING LOT - 375 HAMILTON AVENUE Assumptions Number of Stalls: 384 Reserved Stalls: 58 Lot T Housing 326 Total General Public Timing: Construction start 2028-2029 Timing of garage construction is important because it needs Lot T in-lieu fees. It also needs to be Development Cost Estimated all-in cost to build in 2023 44,315,136 51,373,388 51,373,388 @ $115,404 per space for 5 years Total cost to build 384-space garage at Lot D PotentialSources of Financing SOURCE AMOUNT PER UNIT Bank Loan Lot T In-Lieu Fee City of Palo Alto CA HCD IIG Funds Gap 1,891,871 6,693,432 8,000,000 25,500,000 9,288,085 51,373,388 4,927 20,833 66,406 24,188 133,785Total Operations Income from Permits or Parking Revenue 293,400* Net Operating Income Less Debt Service DSCR 1.25 (179,435) *equivalent to: 326 annual permits or $2.47 per “General Public” space per day (likely to be a combination)44 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 55  Packet Pg. 223 of 368  SECTION SIX PROJECT TEAM 45 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 56  Packet Pg. 224 of 368  DEVELOPMENT TEAM: ALTA HOUSING Main Contact:Telephone: Randy Tsuda, CEO and President 650-321-9709 Email:Website: rtsuda@altahousing.org Phone: 650-321-9709 altahousing.org Street & Mailing Address: Sobrato Center for Nonprofits 3460 West Bayshore Road, Suite 104 Palo Alto, CA 94303 Size of Firm: 62 Employees FIRM DESCRIPTION Alta Housing (formerly Palo Alto Housing) is a community-based nonprofit organization (501c3) focused affordable housing and resident services in Santa Clara and San Mateo affordable housing where We pride ourselves as a community-based organization. Our diverse staff and Board members live in ORGANIZATION & ROLES Randy has been the CEO and President of Alta Housing since 2018. Prior to joining nonprofit, private, and public sectors, and spans real affordable housing, and economic development. He has worked affordable housing in Silicon Valley. Under Randy’s leadership, Alta Housing has staff headcount by 20%. CARLOS CASTELLANOS As Vice President of Real Estate Development, Carlos is responsible for affordable housing. Before joining Alta Housing, he led affordable housing the cornerstone to achieving 46 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 57  Packet Pg. 225 of 368  MARC GARCIA Marc is Alta Housing’s CFO and would be responsible for managing our financial participation for this project. Marc has over 20 years of financial and accounting experience in both affordable and commercial real estate. Prior to joining Alta, Mark was Director of Accounting at MidPen Housing Corporation, where he progressively assumed increasing responsibility in accounting, corporate finance and financial planning and analysis (budgeting, modeling and forecasting). AVA KUO Ava Kuo is a Senior Project Manager at Alta Housing and will be the project manager affordable housing projects in this RFI. Ava SHERYL KLEIN Sheryl Klein will lead Alta’s community engagement and outreach. Sheryl was is an active member of the Palo Alto community and her community involvement The Alta Housing Development 47 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 58  Packet Pg. 226 of 368  DESIGN TEAM: PYATOK ARCHITECTURE + URBAN DESIGN Main Contact:Telephone: Adrianne Steichen, Principal 510-465-7010 Email:Website: asteichen@pyatok.com pyatok.com Street & Mailing Address: 1611 Telegraph Avenue, Suite 200 Oakland, CA 94612 Size of Firm: 50 Employees FIRM DESCRIPTION PYATOK architecture + urban design is a mission-driven, full-service architectural firm with a focus on affordable housing of all types as well as market-rate, workforce, and student staff includes 50 professionals who are dedicated to the belief that the best urban communities ff, and an open-minded Garnering local and national design awards, our projects have always been built to conform to the critical efficiencies of construction typologies including wood frame, energy-efficient living spaces and communities that contribute to their neighborhoods’ vitality. ORGANIZATION & ROLES ADRIANNE STEICHEN, AIA, NCARB, LEED AP Adrianne brings 20 years of experience and leadership to multifamily residential design is for everyone and chose a path in housing as an opportunity to improve dignified office, through firm policies and procedures as well as her mission-focused design 48 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 59  Packet Pg. 227 of 368  THERESA BALLARD, AIA, LEED AP PYATOK principal Theresa Ballard has over 20 years of experience designing and affordable multifamily, student, and permanent supportive housing. specific needs, priorities, and nonprofit housing developer. She has recently participated in conference (Non-Profit Housing Association of Northern California, 2022) and Gold Nugget fic Coast Builders Conference, 2022). Theresa has KEVIN RILEY, AIA, LEED AP Passionate about making cities better places to live, Associate Kevin Riley views the design of multifamily housing as an opportunity to contribute to the vitality and gentrification, the housing crisis, 49 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 60  Packet Pg. 228 of 368  PARTNERSHIP PYATOK ARCHITECTURE + URBAN DESIGN & ALTA HOUSING Alta Housing and PYATOK have partnered to create high-quality housing communities for the past 20 firms first worked together twenty years ago on Oak Court, a 53-unit family apartment Oak Court Alta Housing and PYATOK continued to work together on two subsequent projects, Tree House and Wilton Tree House Apartments was carefully designed on the former site of the Recording Center for the Blind offices to fit within a highly sensitive Palo Alto neighborhood. It is a compact community of 35 studio units. buffering from neighboring homes. The 50 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 61  Packet Pg. 229 of 368  Tree House Apartments Wilton Court Wilton Court is Alta Housing’s first all-electric project. The 20,000 sqft site has 59 studio and one- efficient L-shape, the four-story building steps traffic. The ground floor contains a community kitchen, activity room, common laundry, package offices. 51 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 62  Packet Pg. 230 of 368  53 UNITS FLATS, TOWNHOMES UNIT TYPES 44 D.U.A. $9.5M CONSTR. COST OAK COURT APARTMENTS Aꢀordable Family Housing Client: Alta Housing This project lies at the edge of downtown Palo Alto in a affluent residential flats, above a partial subterranean garage.CONSTRUCTION TYPE Type V over Type I (podium) PYATOK facilitated several community meetings to help generateUNIT MIX 1 BR = 17% | 2 BR = 34% | 3 BR = 49% AMENITIES Tot Lot, Community Center, Bicycle Storage A historic boarding house was moved to the corner and is now office and a community center. All units have patios or balconies, and several have private porches on AWARDS Grand Award Gold Nugget Awards, 2005 Merit Award Builder Magazine, 2005 PYATOK architecture + urban design 52 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 63  Packet Pg. 231 of 368  35 UNITS FLATS UNIT TYPES $5M CONSTR. COST TREE HOUSE Aꢀordable Senior & Special Needs Housing Client: Alta Housing Carefully designed to fit within a highly sensitive Palo Alto neighborhood, this compact community of 35 studio units serves single adults ranging from seniors to youth recently released to encourage interaction among the diverse residents and to support the long term goal of transitioning residents to economic CONSTRUCTION TYPE Type V-A UNIT MIX Studios = 94% | 1 BR = 6% AMENITIES Support Services, Community Room, Central Laundry, Computer Room, BBQ Patio, Bicycle Parking The sense of shared community is enhanced by visual connections heritage trees to be retained, creating a shaded refuge and buffering from neighboring homes. TheAWARDS Grand Boulevard Initiative Award Grand Boulevard Initiative, 2013 Growing Together Award Associated Bay Area Government, 2012 PYATOK architecture + urban design 53 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 64  Packet Pg. 232 of 368  59 UNITS FLATS UNIT TYPES EST. $30M CONSTR. COST WILTON COURT APARTMENTS Aꢀordable, Supportive Housing Client: Alta Housing, Contractor: L&D Construction Co., Inc. Wilton Court sits at the edge of Palo Alto’s Ventura neighborhood – a first approved affordable housing Affordable nonprofit developmental disabilities, creating further opportunities for Palo Altans to The project’s interior design pays special attention to wayfinding through subtle color and texture changes, consistency in locating commonly-used incorporates landscaping, lounge seating, a trellised gathering area, and At the ground floor, offices, a publicly-reservable community room offset CONSTRUCTION TYPE V-A over I-A UNIT MIX Studios = 93% | 1 BR = 7% BICYCLE PARKING RATIO 1.46 AMENITIES Community Room, Community Kitchen, Common Laundry, Package All-electric energy, 100% EV-compatible parking, solar hot water and Storage, Management Offices, Secured Bicycle Parking power, droughttolerant plantings, and greywater irrigation contribute to PYATOK architecture + urban design 54 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 65  Packet Pg. 233 of 368  Thank You LEARN MORE AT ALTAHOUSING.ORG 3460 West Bayshore Road, Suite 104, Palo Alto, CA 94303 55 Item 8 ​​Attachment A - Alta Housing Response        Item 8: Staff Report Pg. 66  Packet Pg. 234 of 368  March 7, 2023 Offer for: Palo Alto Downtown new parking & housing RFI 185418 City of Palo Alto Midway - Phase 1, Daly City Primary Contact: Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 67  Packet Pg. 235 of 368  Section 1 Statement of Interest Appendix Attachment A – Proposer’s Information Form Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 68  Packet Pg. 236 of 368  DocuSign Envelope ID: 028935AF-5B62-4FD6-8DBF-A1BE3A714406 STATEMENT OF INTEREST Thank you for the opportunity to participate in the Request for Interest (RFI) for the Palo Alto City- MidPen brings deep experience in developing and operating affordable housing throughout the Bay In addition to developing housing, MidPen Property Management Corporation provides professional We very much look forward to working with the City and the community to explore our development Sincerely, Felix AuYeung Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 69  Packet Pg. 237 of 368  STATEMENT OF EXPERIENCE MidPen Housing Corporation (“MidPen”) is one of the nation’s leading non-profit developers, owners, and Below we provide information on 3 similar projects: Kiku Crossing (large downtown development with Kiku Crossing, San Mateo, County of San Mateo Project Description In 2018, MidPen Housing was selected by The City of San Project Size Residential Parking Spaces: 164 Project Financing PERMANENT SOURCES Amortizing Perm Loan, Tranche A Amortizing Perm Loan, Tranche B Tax Credit Investor Proceeds City Housing Funds PER UNIT $189,802 $78,287 $89,192 $27,439 $36,609 $30,488 $41,567 $31,127,500 County AHF Infill Infrastructure Grant Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 70  Packet Pg. 238 of 368  GP Equity (from MidPen)$5,000,000 $101,414,953 $30,488 $618,384 Lease Payment Proceeds Total Development Cost Construction Timeline Construction Start: January 2022 (projected): April 2024 Project Team Project Owner: MidPen Housing Corporation Architect: BAR Architects Reference Public Agency Contact Information: City of San Mateo, City Manager’s Office Email: kkleinbaum@cityofsanmateo.org Brooklyn Basin, Oakland, County of Alameda (Phase I, II, III and IV) Project Description In June 2015, MidPen was selected by Signature Development to be its affordable housing partner at within the downtown. Project Size Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 71  Packet Pg. 239 of 368  Phase I: Paseo Estero 4% (hybrid) Phase II: Vista Estero Phase III: Foon Lok West Phase IV: Foon Lok East Project Financing Brooklyn Basin, Paseo Estero 9%, Phase I PERMANENT SOURCES Tax Credit Equity Amortizing Perm Loan, Tranche A Total Development Cost PER UNIT $608,452 $38,561 $24,946,520 $26,527,529 $647,013 Brooklyn Basin, Paseo Estero 4%, Phase I PERMANENT SOURCES Tax Credit Equity Amortizing Perm Loan, Tranche A Amortizing Perm Loan, Tranche B City of Oakland PER UNIT $281,758 $62,734 $195,200 $89,167 $10,000 $574 $16,905,414 AHP $34,428 Deferred Fee Total Development Cost $3,844,979 $42,210,821 $64,084 $703,514 Brooklyn Basin, Vista Estero, Phase II PERMANENT SOURCES Tax Credit Equity Amortizing Perm Loan, Tranche A Amortizing Perm Loan, Tranche B City of Oakland PER UNIT $246,525 $47,418 $113,819 $112,000 $9,909 $27,117,644 AHP $3,645 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 72  Packet Pg. 240 of 368  Deferred Fee $5,343,150 $48,575 Total Development Cost $63,647,690 $578,615 Brooklyn Basin, Foon Lok West, Phase III PERMANENT SOURCES Tax Credit Equity Amortizing Perm Loan, Tranche B City of Oakland HCD - NPLH Deferred Interest PER UNIT $362,884 $138,254 $171,157 $42,308 $47,174,859 $2,117 Deferred Fee $9,141,634 $70,321 Total Development Cost $102,314,862 $787,037 Brooklyn Basin, Foon Lok East, Phase IV PERMANENT SOURCES Amortizing Perm Loan, Tranche B City of Oakland CA Housing Accelerator Total Development Cost PER UNIT $98,888 $145,100 $531.798 $12,262,000 $87,688,912 Construction Timeline Construction Start (Phase I): December 2018 (Phase I): December 2020 Construction Start (Phase II): December 2018 (Phase II): December 2020 Construction Start (Phase III): July 2020 (Phase III): April 2022 Construction Start (Phase IV): June 2022 (Phase IV): February 2024 Project Team Project Owner: MidPen Housing Corporation Architect: HKIT Architects Reference Public Agency Contact Information: City of Oakland Email: cmulvey@oaklandca.gov Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 73  Packet Pg. 241 of 368  Station Center, Union City, County of Alameda (Phase I and II) Project Description Station Center, a LEED Platinum-certified community, is pedestrian- friendly and located across the street from the Union City BART station. Project Size Project Financing Station Center Phase I PERMANENT SOURCES PER UNIT $126,754 $35,271 $18,594 $204,622 $9,900 Tax Credit Equity $12,675,335 Amortizing Perm Loan, Tranche A $3,527,008 AHP Loan Environmental Green Grant $65,147 $652 $100,000 $1,000 Total Development Cost $39,679,061 $396,791 Station Center Phase II PERMANENT SOURCES PER UNIT Tax Credit Equity $13,489,115 $236,652 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 74  Packet Pg. 242 of 368  Amortizing Perm Loan, Tranche A $2,063,985 $36,211 AHP Deferred Fee $600,000 $10,527 $402,321Total Development Cost $22,932,298 Construction Timeline Construction Start (Phase I): April 2010 (Phase I): October 2011 Construction Start (Phase II): March 2011 (Phase II): April 2012 Project Team Project Owner: MidPen Housing Corporation Architect: David Baker + Partners Reference Public Agency Contact Information: City of Union City Email: carmelac@unioncity.org Attachments Property Profiles MidPen Community Outreach Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 75  Packet Pg. 243 of 368  KIKU CROSSING FAMILY HOUSING San Mateo, CA Developer MidPen Housing Corp. Property Management MidPen Property Management Corp. and Resident Services MidPen Services Development Type Multi-story, transit-oriented development; Construction Type Residential - Type IIIA over Type IA Site Area:1.16 acres; 2.41 acres total with garage Density: Parking Ratio: file .73 : 1 – 164 spaces (residential) Type No.Size (sf) Rent Range Studio 66 380 $635-1801 1 BR 41 TOTAL 225 Amenities Community room with kitchen; afterKiku Crossing is the result of close partnership between MidPen Services Offered •Academically-based after school and •Vocational development •Health and wellness programs 225 units began in January Resident Profile Households earning between 30%-80% 2022 and will complete in spring 2024.•City of San Mateo •Housing Authority of the County MidPen and the City added 61 Architect BAR Architects Contractor Devcon Construction, Inc. at transit-oriented properties when all units are below-market-rate. Construction of the affordable housing community five-story public parking garage on the next block which will open in Spring 2023. Residents will enjoy several amenities, including a community room with kitchen, an outdoor courtyard and rooftop Kiku Crossing | 480 E. 4th Avenue, San Mateo, CA 94401 For more information contact: MidPen Housing | www.midpen-housing.org Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 76  Packet Pg. 244 of 368  PASEO ESTERO HIGH-DENSITY FAMILY HOUSING Oakland, CA Developer MidPen Housing Corp. Property Management MidPen Property Management Corp. Resident Services MidPen Services 4-story wood frame over 2-story podium Site Area:.98 acre Density:103 units / acre Parking Ratio: file Type 1 BR 2 BR 3 BR TOTAL No. 36 Unit Size (sf) 550 15 850 50 1,100 101 Amenities Community room; computer lab; fitness center; courtyard with outdoor seating; secured bicycle storage; playground; learning center; Brooklyn Basin parks and open spaces Brooklyn Basin is a new mixed-use, mixed-income district Paseo Estero, which provides 101 deeply affordable Services Offered Adult Services Programming: •Leadership skills to benefit generations to Connection to Community Resources come. The City of Oakland Resident Profile Families earning up to 60% of the Area and Signature Development •City of Oakland Group, Brooklyn Basin’s •Oakland Housing Authority master developer, selected •California Municipal Finance AgencyMidPen to be the district’s affordable housing partner in 2015. Architect HKIT Architects Contractor Nibbi Brothers General ContractorsPaseo Estero demonstrates the vision and commitment of one of California’s largest and most diverse cities to build more affordable housing for MidPen is committed to sustainable development, including the use of advanced green building methods: recycled ficient appliances; photovoltaic and solar thermal systems; and drought- certification. Paseo Estero | 255 8th Avenue, Oakland, CA 94606 For more information contact: MidPen Housing | www.midpen-housing.org Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 77  Packet Pg. 245 of 368  VISTA ESTERO HIGH-DENSITY SENIOR HOUSING Oakland, CA Developer MidPen Housing Corp. Property Management MidPen Property Management Corp. Development Type New construction 4-story wood frame over 2-story podium base Density:148 units / acre Parking Ratio:.75 : 1 – 83 spaces Development Profile Type 1 BR No. 106 4 Size Units (sf) 596 2 BR TOTAL 110 Amenities Community room; computer lab; balance Services Offered Health & Wellness Programming: Brooklyn Basin is a new mixed-use, mixed-income district along Oakland’s Vista Estero, which provides 110 deeply •Health fairs/health screens •“Brown Bag” food assistance programs • Independent living classes • Safety education Quality of Life Social Programming: •Holiday celebrations •Field trips •Other social events Connection to Community Resourcesto benefit generations to come. In 2015, the City of Oakland and Brooklyn Resident Profile Seniors earning up to 60% of the Area Median Basin’s master developer, Signature Funders •City of OaklandDevelopment Group, selected MidPen •Oakland Housing Authority Housing to be the district’s affordable housing partner. •Wells FargoVista Estero demonstrates the vision Architect HKIT Architects Contractor Nibbi Brothers General Contractors build more affordable housing for its residents. Vista Estero began construction in December 2018 and completed in December 2020. The community has employed several green building features, and received LEED Silver certification. Vista Estero’s design supports the goal of healthy living, allowing seniors to age in place and continue to live active and enriched lives. Through a Vista Estero | 285 8th Avenue, Oakland, CA 94606 For more information contact: MidPen Housing Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 78  Packet Pg. 246 of 368  FOON LOK WEST FAMILY HOUSING Oakland, CA Developer MidPen Housing Corp. Property Management MidPen Property Management Corp. Resident Services MidPen Services 6-Story New Construction Density:112 units / acre Parking Ratio: file 1.28 : 1 – 167 spaces Type 1 BR 2 BR 3 BR TOTAL No. 48 Unit Size (sf) 630 35 870 47 1,075 130 Amenities Community room; learning center; computer lab; meeting rooms and offices; landscaped courtyard with play area and BBQ; bicycle parking; laundry facilities Services Offered Adult Services Programming:Foon Lok West is a part of Brooklyn Basin, a master-planned Case Management and Supportive Resident Profile Families and individuals earning up to 60%income working families and individuals experiencing • City of Oakland • California Department of Housing and Foon Lok West is the third •California Community Reinvestment Architect HKIT Architects Contractor Nibbi Brothers General Contractors phases, the communities will operate as one property when both phases are completed. It is located across from Brooklyn Residents of Foon Lok West will enjoy community amenities including a multi-purpose community room, computer lab, Foon Lok West | 311 9th Avenue, Oakland, CA 94606 For more information contact: MidPen Housing | www.midpen-housing.org Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 79  Packet Pg. 247 of 368  FOON LOK EAST FAMILY HOUSING Oakland, CA Developer MidPen Housing Corp. Property Management MidPen Property Management Corp. Resident Services MidPen Services 6-Story New Construction Construction Type Type III Wood over Type I Concrete Density:108 units / acre Parking Ratio: file 1.16 : 1 – 144 spaces Type 1 BR 2 BR 3 BR TOTAL No. 41 Unit Size (sf) 620 39 830 44 1,120 124 Amenities Community room; learning center; computer lab; meeting rooms and offices; landscaped courtyard with play area and BBQ; bicycle parking; laundry facilities Services Offered Adult Services Programming:Foon Lok East is a part of Brooklyn Basin, a master-planned Case Management and Supportive homelessness.Resident Profile Families and individuals earning up to 60% • City of Oakland Foon Lok East is the fourth final phase of affordable • Oakland Housing Authority • Wells Fargo Architect HKIT Architects Contractor Nibbi Brothers General Contractors operate as one property once Foon Lok East is completed. It is located across from Brooklyn Basin’s renovated and Residents of Foon Lok West will enjoy community amenities including a multi-purpose community room, computer lab, Foon Lok East | 389 9th Avenue, Oakland, CA 94606 For more information contact: MidPen Housing | www.midpen-housing.org Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 80  Packet Pg. 248 of 368  STATION CENTER MIXED-USE, TRANSIT-ORIENTED FAMILY HOUSING Union City, CA Developer MidPen Housing Corp. Property Management MidPen Property Management Corp. Development Type New, transit-oriented, high density, 4-story and Construction Type Phase I: Types I & III, wood over concrete podium Garage: Type I, concrete Site Area:2.18 acres 72 units / acre Parking Ratio:1 : 1 – 157 spaces (plus 117 shared spaces, 10 retail spaces) Development Profile Type 1 BR No. 33 Size Units (sf) 625 2 BR 74*875 3 BR 1,125 TOTAL 157 Station Center is at the heart of the City of Union City’s vision to create the *Includes two 2-bedroom manager units Station District, a vibrant city center bustling with attractive store fronts, Amenities community parks and high-quality housing. In the Station District people of all income levels live, work, shop and play near public transportation and jobs. Community room; computer center and services meeting room; fitness center; tot lot/ This is smart growth at its best.Services Offered Youth after school & summer programs Designed by award-winning architect David Baker + Partners, Station Center Computer training Resident Profile Families earning between 30% and 50% of the areas to create an open feel. The Funders •Redevelopment Agency of the City of Union City Housing Authority of the County of Alameda Chase main entrance, a towering open- arch, reveals a series of unique spaces where neighbors gather both indoors and outdoors. There •Union Bank are gardens, playgrounds, a fitness •California Community Reinvestment Corporation California Tax Credit Allocation Committee Federal Home Loan Bank of San Francisco facility, a pool and a community room for programs and services Architect David Baker + Partnersfor youth residents and adults. ContractorStation Center also includes 8,600 square feet of commercial space on the ground level. Sustainability and green design is a top priority with Station Center, which has achieved LEED Platinum Certification; and with stores, restaurants, BART and bus lines in close proximity, residents are able to walk and take public transportation. Station District is a model for infill development. Station Center | 348888 Eleventh Street, Union City, CA 94587 For more information contact: MidPen Housing Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 81  Packet Pg. 249 of 368  PROJECT CONCEPT The 12 city-owned parking lots in downtown Palo Alto present an incredible opportunity to provide and vibrant downtown. MidPen’s approach would be to work collaboratively with the City to conduct Site Selection Given the relatively small size of the parking lot sites, MidPen envisions building a series of In evaluating the 12 parking lots, we believe Lots A, D, E, G, N, P, and T have housing development home senior development, Lot G may displace a farmer’s market, and Lot P g structure. When the first parking structure’s capacity is fully used up, the Housing There is tremendous unmet need for affordable rental homes serving the Peninsula workforce. MidPen’s concept plans to leverage the full power of the 9% LIHTC program to finance the proposed Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 82  Packet Pg. 250 of 368  one-bedroom in size, serving incomes from 30% to 50% AMI. With this approach, we believe we can Parking We believe parking needs have shifted since the onset of COVID-19. The continuation of remote or Our concept proposes to consolidate parking on key lots through efficient, cost-effective, above- term, “white-curb” parking stalls to allow This concept has some inherent flexibility and future adaptability. For example, if the City n Lot D and provide a “surplus” of 240 stalls. We could then develop Lots “surplus” stalls to for the next group of garage and Building Type We are anticipating the housing to be built as efficient Type V, wood-frame, 4-story buildings, which would be under the 50’ height allowance. By locating parking in off-site, structured, stand-alone, The parking objectives of the City require balancing cost-effective design with creating a pedestrian- Financing Approach MidPen brings extensive LIHTC affordable housing experience and real-time knowledge of financing Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 83  Packet Pg. 251 of 368  significant coordination and navigating through competitive funding processes. MidPen has deep MidPen would seek to compete for 9% tax credits for each housing parcel as separate projects, under Our team stays up to date on all funding regulations and changes, and works nimbly to constantly when, external circumstances change. Our team’s outstanding development track record during . Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 84  Packet Pg. 252 of 368  PROJECT PROFORMA Proposed Financing Approach: Palo Alto Sites Given the scale and development capacity of the sites, MidPen’s approach is to structure the 100% affordable housing concept to be competitive for 9% tax credits. This scenario would minimize gap subsidy required. Due to the $2.5 million federal credit cap, which functions to limit the size of a feasible project, each proposed phase is sized at 41 family homes. Low Income Housing Tax Credits One of MidPen’s core areas of expertise is the ability to successfully compete for 9% and 4% Tax Credits, allocated by California Tax Credit Allocation Committee (CTCAC). Generally, and because 4% tax credits are now competitive due to shortage of state tax-exempt bonds that must be coupled with 4% tax credits, we prefer 9% tax credits since it raises more equity than 4% tax credits, and allows us to proceed with fewer soft sources. The drawback has been a severe limitation in project size, because of the $2.5 million federal credit cap and the limited geographical region allocation. However, this project size constraint works in favor of Palo Alto because it aligns with the small sizes of the available sites. With the downtown sites being in a High Resource Area, we are well-positioned to structure the of the State’s first 9%/4% hybrid projects at Brooklyn Basin in Oakland, demonstrating our Beyond Tax Credits In addition to 9% tax credit equity, which would efficiently finance over 60% of the total development In terms of State sources, MidPen has been at the forefront of structuring and accessing these Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 85  Packet Pg. 253 of 368  The City contribution request is $100,000 per home. The proforma numbers reflect current Preliminary Sources and Uses ASSUMPTIONS Units 41 Acres 0.33 ─ 0.5 Density 82+ Project Type Family - 1-3 bedrooms 30-60% AMI 21 SOURCES Sources Total Per Unit Amortizing Perm Loan $3,830,093 $22,567,285 $600,000 $93,417 $550,422 $14,634 Tax Credit Investor Proceeds State Funding City Contribution Total $5,711,379 $4,100,000 $36,808,757 $139,302 $100,000 $897,775 USES Uses Total Per Unit Acquisition $140,001 Hard Cost $26,432,334 $644,691 Architecture and Engineering $185,000 $4,512 Reserves $380,445 $9,279 Other Soft Cost Developer Fee Total $2,614,493 $2,200,000 $36,808,757 $63,768 $53,659 $897,775 Please see more details in the attached proforma sheets. Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 86  Packet Pg. 254 of 368  Financial Wherewithal MidPen’s commitment to serving low-income residents is supported by our operational and financial and accelerating draws waiting for reimbursements, when needed. MidPen’s team of more than 50 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 87  Packet Pg. 255 of 368  PALO ALTO HOUSING SITE 41 UNITS PROJECT SUMMARY SITE, BUILDING AND UNIT DETAILS LAND SOURCES CASH FLOW Yr 5CONSTRUCTION SOURCES total per unit 649,344 82,563 14,634 100,000 Yr 1 Yr 10 Yr 15 Yr 30 Acreage 0.50 acres Construction Loan $26,623,124 34,708,202 $ $ 2023 2027 2032 2037 2052 Effective Gross Income $ $ $ 834,959 (369,000) (61,500) (20,500) 383,959 (333,877) $ $ $ 921,638 (423,436) (70,573) (20,500) 407,130 (333,877) $ $ $ 1,042,749 (502,909) (83,818) $ $ $ 1,179,775 (597,298) (99,550) $ $ $ 1,708,666 (1,000,683) (166,780) (20,500) 520,702 # of Stories City of Palo Alto BUILDING total $ Residential (Leasable) Circulation & Common Garage 33,825 sf 10,965 sf 6,300 sf PERMANENT SOURCES total per unit (309,889) Amortizing Perm Loan, Tranche A $ $ 3,830,093 22,567,285 600,000 4,100,000 5,711,379 36,808,757 $ $ 93,417 550,422 14,634 100,000 139,302 897,775 Net Cash Flow $50,082 $73,252 $101,645 $128,550 $210,813 AHP OPERATING & SERVICES EXPENSEPARKING # of residential spaces 21 0.51 total Operating Expenses $9,000 per unit UNIT MIX USES Resident Services Fee $1,500 per unit Unit Type # Units Average Rent ACQUISITION Acquisition Hard Cost total per unit Studios/SRO 0 10 20 $140,001 26,432,334 $ $ 3,415 644,691 46,207 69,602 2,641 4,512 9,279 63,768 53,659 897,775 $1,531 Architecture and Engineering $1,894,500 3-Bedroom 4-Bedroom Manager's Units Total Unit Count 10 Construction Financing 41 Average Affordability 50%2,614,493 Developer Fee TOTAL DEVELOPMENT COSTS $ $ 2,200,000 36,808,757FINANCING ASSUMPTIONS Debt Coverage Ratio 1.15 Construction Rate 7.50% Permanent Rate 7.50% 35 yrs. TAX CREDIT ASSUMPTIONS Credit & Equity $22,567,185 Basis Boost Yes Tax Credit Eligible 100% Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 88  Packet Pg. 256 of 368  PALO ALTO HOUSING SITE 41 UNITS SOURCES AND USES Construction Period Sources Lender Rate Loan Term Amount 26,623,107Construction Loan 7.50%23 months $ $ $ $ 15% during construction 3,385,093 600,000 4,100,000 34,708,200 34,708,200 - City of Palo Alto Total Sources Total Development Costs Amortization Permanent Sources Amortizing Perm Loan, Tranche A Tax Credit Investor Proceeds AHP Lender Rate 7.50% n/a Period 35 yrs. n/a Amount $3,830,093 22,567,285 600,000 n/a City of Palo Alto 4,100,000 5,711,378 36,808,756 36,808,756 - HCD Total Sources $ Total Development Costs $ $ 897,775 Tiebreaker 56.76% Uses of Funds Residential Commercial Eligible Basis Construction Period Direct Land Cost $ $ 1 $ $ -$-$ $ 1 15,000 25,000 100,000 140,001 Title & Escrow -- Land Closing 15,000 25,000 100,000 140,001 n/a -$- Hard Costs Residential Commercial Eligible Basis Construction Period Off-Site Improvements $ $ 500,000 1,000,000 17,916,000 882,000 $ $ -$ $ 500,000 1,000,000 17,916,000 882,000 $ $ 500,000 1,000,000 17,916,000 882,000 Photovoltaic System 223,950 223,950 223,950 Construction Cost Escalation 2,062,195 22,584,145 680,524 2,062,195 22,584,145 680,524 2,062,195 22,584,145 680,524 - - 721,968 721,968 721,968 1,263,444 26,432,334 1,263,444 26,432,334 1,263,444 26,432,334 Architecture and Engineering Residential Commercial Eligible Basis Construction Period Architecture Design $ $ $ 1,100,000 $ $ $ -$ $ $ 1,100,000 $ $ $ 1,100,000 TOTAL ARCHITECTURE - - 61,000 61,000 61,000 175,000 544,500 1,894,500 175,000 544,500 1,894,500 175,000 544,500 1,894,500 TOTAL ENGINEERING TOTAL ARCHITECTURE AND ENGINEERING - - Construction Interest & Fees Residential Commercial Eligible Basis Construction Period Construction Loan Interest $2,229,685 $-$1,064,924 $2,229,685 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 89  Packet Pg. 257 of 368  PALO ALTO HOUSING SITE 41 UNITS SOURCES AND USES Lender Expenses (incl site visits, not legal) Permanent Financing $ $ 65,000 20,000 264,323 75,000 $ $ -$ $ 65,000 20,000 264,323 75,000 $ $ 65,000 20,000 264,323 75,000 - 2,853,682 -1,688,921 2,853,682 Residential Commercial Eligible Basis Construction Period $ $ 38,301 25,000 20,000 25,000 108,301 $ $ -$ $ -$ $ - - -- -- Legal Fees Residential Commercial Eligible Basis Construction Period Const. Lender Legal Paid by Applicant $ $ 75,000 15,000 45,000 15,000 35,000 185,000 $ $ -$ $ 75,000 $ $ 75,000 15,000 45,000 - 35,000 170,000 - TOTAL LEGAL -135,000 Reserves Residential Commercial Eligible Basis Construction Period Operating Reserve (3-6 mos debt and op)$ $ 380,445 380,445 $ $ - - $ $ - - $ $ - - Other Project Costs Residential Commercial Eligible Basis Construction Period Appraisal Cost SUBTOTAL PROJECT COSTS $ $ 5,000 118,810 1,146,248 479,600 200,000 150,000 20,000 $ $ -$ $ 5,000 - 1,146,248 479,600 $ $ 5,000 202,000 1,146,248 479,600 200,000 150,000 20,000 - - - 150,000 - 50,000 50,000 50,000 -- 90,000 5,000 100,000 219,835 2,667,683 34,158,200 5,000 100,000 219,835 2,614,493 34,608,756 - - - 219,835 2,055,683 32,206,438 Developer Costs Residential Commercial Eligible Basis Construction Period Developer Overhead/Profit TOTAL PROJECT COSTS $ $ $ 2,200,000 2,200,000 36,808,756 $ $ $ - - - $ $ 2,200,000 2,200,000 34,406,438 $ $ 550,000 550,000 34,708,200 36,808,756 - Total Sources Gap: Surplus/(Deficit) Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 90  Packet Pg. 258 of 368  PROJECT TEAM MidPen Housing Corporation MidPen Housing Corporation’s mission is to provide safe, affordable housing of high quality to those in need; to establish stability and opportunity in the lives of residents; and to foster diverse communities that allow people from all ethnic, social, and economic backgrounds to live in dignity, harmony, and mutual respect. MidPen consists of three distinct corporations working closely together to promote and achieve this mission: MidPen Housing Corporation drives all of the development efforts including property MidPen Property Management Corporation provides extensive experience in all aspects MidPen Resident Services Corporation provides and coordinates onsite support programs Development Team MidPen’s dedicated Development Team, consisting of 50 professionals, expertly manages the interconnected stages of the complete development process: community engagement, design and entitlements, assemblage of financing, construction, and lease‐up. MidPen’s developments are award-winning and nationally recognized. We are proud to have received the following awards for our communities: Gold Nugget Award of Merit from the Pacific Coast Builders Conference for Paseo Estero & Vista Estero (Brooklyn Basin, Oakland), All-Electric Showcase Award from Silicon Valley Clean Energy for Edwina Benner Plaza (Sunnyvale), and a Structures Award from the Silicon Valley Business Journal for Sequoia Belle Haven (Menlo Park). Since 2020, MidPen has successfully financed 18 projects, representing over 1,000 homes. All As one of the largest and most trusted non-profit developers in the Bay Area, MidPen has the Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 91  Packet Pg. 259 of 368  Through experience, we find that consistent and timely community outreach with clear channels of Development Team: •Shwetha Subramanian, Chief Real Estate Development Officer Felix AuYeung, Vice President of Business Development (Primary Contact) o 510-426-5667 Roles & Responsibilities: •MidPen Housing Corporation will serve as both Developer and long-term Owner of the proposed affordable housing developments. •A Bay Team Director will administer all day-to-day development and construction aspects of •Alice Talcott and Felix AuYeung have invaluable experience navigating the complex and directions of MidPen’s Board of Directors. Resumes for MidPen staff are included at the end of this section. MidPen Property Management MidPen is committed to our role not only as an affordable housing developer but also as the long- operations, training, facility maintenance, and community relations. MidPen’s approach to property management is based on four core values: be good neighbors; enhance residents’ lives; sustainable More information about MidPen Property Management is included in the Appendix. MidPen Resident Services MidPen Resident Services works from a unique housing-based service platform, with over 300 like- Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 92  Packet Pg. 260 of 368  age. Residents struggling with homelessness and mental, physical, and intellectual disabilities work More information about MidPen Resident Services is included in the Appendix. Property Management and MidPen Resident Services staff work side-by-side at our properties to Design and Engineering Team At this RFI stage, MidPen has not selected our Architect or Engineering teams. We generally prefer possible during the development of the project’s design and programming. Through Attachments MidPen Background MidPen Property Management Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 93  Packet Pg. 261 of 368  MidPen Development Team Resumes SHWETHA SUBRAMANIAN, CHIEF REAL ESTATE Shwetha has a deep passion for leading teams and supporting individuals in Officer, Shwetha leads MidPen’s 50+ member development team, currently property operations and budgeting across Forest City’s residential properties ABIGAIL GOLDWARE POTLURI, VICE PRESIDENT OF Abby will provide strategic guidance regarding project phasing, resident Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 94  Packet Pg. 262 of 368  ALICE TALCOTT, VICE PRESIDENT OF HOUSING FINANCE Alice provides strategic direction on the funding of MidPen’s development and portfolio projects. She has over 20 years of experience in affordable housing development and is an expert in the financing and structuring of rental housing projects. Prior to MidPen, Alice worked for 14 years at Community Economics, where she assisted non-profit developers in the financing and structuring of over 9,000 units of affordable housing in California and Hawaii, including negotiating over $825 million in investor Office of Housing in San Francisco. She has been an active advocate on statewide housing issues, and has served on the board of the Non Profit Housing Association of Northern California (NPH). She is a frequent presenter at the Housing California and NPH conferences on housing finance issues. Alice received a B.A. in Political Science from Washington University in St. Louis and a Masters of City Planning from University of California, Berkeley. FELIX AUYEUNG, VICE PRESIDENT OF BUSINESS Felix is responsible for launching new developments at MidPen Housing, Rosa’s Department of Economic Development and Housing. Felix holds a Pittsburgh’s Technology’s Department of Mechanical Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 95  Packet Pg. 263 of 368  APPENDIX I MidPen Community Outreach II III MidPen Awards MidPen Background MidPen Property Management Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 96  Packet Pg. 264 of 368  APPENDIX I: MidPen Community Outreach Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 97  Packet Pg. 265 of 368  COMMUNITY OUTREACH overview Collaboration to build communities Authentic community outreach is foundational to MidPen’s development . Communication WITH THE CITY MidPen works with our local partners to arrive at a shared strategy for community outreach. TARGETED STAKEHOLDER OUTREACH MidPen conducts broad outreach Town hall neighborhood meetings MidPen often conducts initial Design charrettes Rather than arriving with a questions and concerns to inform Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 98  Packet Pg. 266 of 368  COMMUNITY OUTREACH Case studies Collaboration to build communities (alameda, ca) MidPen Housing is working with Alameda Point Collaborative, Building Futures for Women and Children, and Operation the Development Plan is (half moon b ay, ca) San Mateo County Housing Authority selected MidPen to redevelop the Housing Authority’s existing 60-unit senior housing complex, known as Half Moon Village, into a new integrated Senior “Campus” in Half Moon Bay that would include the existing 64-unit Lesley Gardens senior apartments, a new Senior Center and Adult Day Health Center with 40 units of affordable senior apartments recently completed by Lesley Senior Communities and Mercy Housing, and the 6 acre site that MidPen was selected to redevelop. In 2011, MidPen worked on outreaching to three groups of partners. One group was the campus partners, which was made up of developers and service providers. MidPen worked with the group to hold quarterly meetings where they would discuss and coordinate the sites’ design, circulation and safety. The second group was the existing Half Moon Village residents who were living on the site when MidPen acquired the land. The MidPen project team held community meetings (where translation was provided), tenant question & answer sessions and individual interviews to best understand the needs of the residents that would be living in the new community. Lastly, MidPen reached out to the neighbors that were near the site through individual and community meetings. All feedback collected was used to inform the site layout and buildings’ design and shared with local partners. The outreach approach is reflected in the recognition Half Moon Village has received since being completed in the summer of 2015. Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 99  Packet Pg. 267 of 368  APPENDIX II: MidPen Public Art Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 100  Packet Pg. 268 of 368  Art at MidPen Housing PUBLIC AND PARTICIPATORY ARTWORK Intenꢀonal Placement of Art in Our Communiꢀes MidPen values public art for its ability to build a connecꢀon between residents and their communiꢀes. Art strengthens the sense of place beauꢀficaꢀon of the public realm while also engaging residents with the neighborhood. At MidPen we are mindful of the communiꢀes that will invoke a sense of connecꢀvity for our residents and surrounding neighbors. We seek to build deeper connecꢀons with our communiꢀes, reflected in the artwork. Residents help add finishing touches to Mona Caron’s Taking Root | Staꢀon Center, Union City Process Overview Our approach to selecꢀng an arꢀst is unique to every project, but every selecꢀon process involves research, context analysis, and robust communiꢀes. Our arꢀst selecꢀon process can vary from open calls, direct selecꢀon, or partnering with a local arts organiza- ꢀon to support our outreach and community involvement. A number of our projects have included artwork collaboraꢀons with local high ꢀve and creaꢀve ways to implement artwork across a variety of mediums. Kineꢀc Wall Art and Concrete Inlay Designs by Civic Design Studio | Paseo Estero & Vista Estero, Oakland Diverse Art Types •Arꢀsan Bike Racks & Gates •Kineꢀc Wall Installaꢀons Concrete Inlay Designs Arꢁul Play Set Equipment •Historical & Cultural Exhibits Art for Interior Common Areas Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 101  Packet Pg. 269 of 368  COMMUNITY-BASED ARTWORK MidPen recognizes that the art in many housing communiꢀes oꢂen consist of space-fillers with liꢃle conꢀnuity or purpose. In striving to make each community an interesꢀng home for its residents, MidPen instead displays the work of local arꢀsts and art students. For example, at our Paseo Estero and Vista Estero properꢀes in Oakland, MidPen partnered with a local arts organizaꢀon called Civic Design collaboraꢀon we worked with Oakland Unified School District art instructors and high school students from five schools arꢀsꢀc voices through 3-D design, illustraꢀon, painꢀng fabricaꢀon, and photography. Interior Wall Art by Oakland Unified High School Students | Paseo Estero & Vista Estero, Oakland At our Moon Gate Plaza property in the Chinatown neighborhood of Salinas, we commissioned a local arꢀst, Nada Abdelshahid, to create arꢀsan gate designs to adorn two of our property entrances. The sculptural gates incorporated elements of Chinese and Filipino history. idenꢀty of Chinatown as a place not only for Asian migrant workers but for all laborers. Addiꢀonally, we installed a large-scale art panel on the building’s façade which will rotate yearly to highlight the work of local arꢀsts. (leꢂ and middle) Moon Gate & Sun Gate by Nada Abdelshahid, (right) Temporary mural by JC Gonzalez | Moon Gate Plaza, Salinas MidPen aims to engage local arꢀsts with affordable housing, support the local art economy and display place-relevant artwork in our communiꢀes. We recognize the value that sꢀmulaꢀng and thought-provoking art brings to our residents and visitors. Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 102  Packet Pg. 270 of 368  APPENDIX III: MidPen Awards Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 103  Packet Pg. 271 of 368  MIDPEN AWARD LIST: 2000 – PRESENT 2020 2019 Shirley Chisholm Village Celestina Garden Apartments Top Projects 2019, North Bay Business Journal Gold Nugget Grand Award – Best On-the- Edwina Benner Plaza Paseo Estero & Vista Estero Readers’ Choice Award Winner – Editors’ Outstanding Projects and Leaders Award – Structures Award – Green Residential Edwina Benner Plaza Planet Positive Award – Multifamily Readers’ Choice Award Finalist – Green Paseo Estero & Vista Estero All-Electric Showcase Award, Silicon ValleyReal Estate Deal of the Year – Best 2020 Edwina Benner Plaza Gold Nugget Grand Award -Best Innovative Gold Nugget Grand Award – Best Affordable Edwina Benner Plaza, Sunnyvale Kottinger Gardens Fetters Apartments/Celestina Gardens Gold Nugget Grand Award – Best Affordable Housing Community under 30 units per acre, Pacific Coast Builders Conference LEED Homes Awards – Outstanding Multi- MidPen Housing Golden Acorn Award – Professional Midway Village Gold Nugget Award of Merit – Best On-the- 2018 Kottinger GardensKottinger Gardens Best in American Living Award, Silver –Multifamily Pillars of the Industry Awards – Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 104  Packet Pg. 272 of 368  (Over 100 Units), National Association of Global Award for Excellence, The Urban Gold Nugget Award of Merit, Pacific Coast Onizuka Crossing Structures Award – Best Affordable Readers’ Choice Award Finalist – Family Sequoia Belle Haven Structures Award – Best Affordable Gold Nugget Award of Merit, Pacific Coast Onizuka Crossing, Sunnyvale Donner LoftsSerenity Senior Apartments Readers’ Choice Award Finalist – UrbanStructures Award – Best Affordable MidPen HousingSequoia Belle Haven NPH Affordable Housing Leadership AwardsReaders’ Choice Award Finalist – Green Real Estate Deal of the Year: Best #12 Non-Profit Nationally Top 50 Affordable Housing Owners, Arroyo Green (Bradford Street) Gold Nugget Award of Merit, Pacific Coast Builders Conference #5 Non-Profit Nationally Top 50 Affordable Housing Developers, #9 Non-Profit Nationally Top 50 Affordable Housing Owners, Affordable Housing Finance 2016 Sweeney Lane Apartments #4 Non-Profit Nationally Grand Boulevard Honorable Mention – Top 50 Affordable Housing Developers, Fetters Apartments Top Real Estate Projects in the North Bay:2017 Half Moon Village Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 105  Packet Pg. 273 of 368  Donner Lofts Structures Award – Best Residential Finalist, Metropolitan Transportation Commission Award – Excellence in Motion Award of Station Center Charter Awards Grand Prize, Congress for St. Stephen’s Senior Housing Structures Award – Best Affordable Residential Project Winner, Silicon Valley Business Journal Charter Awards Best Building – Housing, 636 El CaminoHalf Moon Village Gold Nugget Award of Merit, Pacific CoastGold Nugget Grand Award, Pacific Coast Real Estate Deal of the Year: Best Green Building Award, Sustainable San 2015 Donner Lofts Structures Award – Best Affordable Station Center, Union City Station Center 2013 Station Center Growing Smarter Together Public-Private Award for Excellence, The Urban Land Institute#3 Non-Profit Nationally Top 50 Affordable Housing Owners, Affordable Housing Finance 636 El Camino Grand Boulevard Award – Private Project, Grand Boulevard Initiative#11 Non-Profit Nationally Top 50 Affordable Housing Developers, Affordable Housing Finance Real Estate Deal of the Year: Best 2014 Green Building Award, Sustainable SanRedwood Court 26th Annual Mayor’s Beautification Peninsula Station Grand Boulevard Award – Private Project,Half Moon Village Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 106  Packet Pg. 274 of 368  2012 Green Building Award, fMateo County City of San MateoMain Street Village Mayor’s Choice AwardStructures Award – Best Green Project (Public) Winner, Silicon Valley Business 2009 DeVries Place Senior Apartments Award for Excellence, The Urban Land Institute EcoHome Design Awards: Merit Award – Gold Nugget Grand Award, Pacific Coast Builder’s Choice Award of Merit, Builder Design for Aging Review 10 Award, Paulson Park Senior Apartments Readers’ Choice Finalist, Affordable Housing Finance 2008 #7 Non-Profit Nationally Top 50 Affordable Housing Owners, Affordable Housing Finance Fetters Apartments, Sonoma Station Center Structures Award – Community Impact #9 Non-Profit Nationally Top 50 Affordable Housing Developers,Real Estate Deal of the Year: Affordable Parkhurst Terrace Readers’ Choice Finalist, Affordable HousingSchapiro Knolls Structures Award – Best Residential Project 2007 Fair Oaks Plaza # 6 Non-Profit Nationally Top 50 Affordable Housing Owners, Affordable Housing Finance Readers’ Choice Award Winner – Senior #10 Non-Profit Nationally Top 50 Affordable Housing Developers, Affordable Housing Finance 2011 Peninsula Station Readers’ Choice Finalist, Affordable Housing Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 107  Packet Pg. 275 of 368  Rotary Floritas 2003 Sustainability Award, San Mateo County Main Street Park2006Project of the Year, Merritt Community Certificate of Commendation, Board of Oroysom VillageSupervisors of San Mateo County California Housing Hall of Fame, California Housing Consortium Award for Excellence – Semifinalist, MetLife Rotary Floritas 2002 Main Street Park Certificate of Recognition, Senator Jackie Gold Nugget Grand Award, Pacific Coast 2005 El Camino VillageItalian Gardens Gold Nugget Award of Merit, Pacific CoastGold Nugget Award of Merit, Pacific Coast MoonridgeWillow Gardens Award for Excellence – Honorable Mention,Beautification Award Winner, City of South Villas del Paraiso 2001 Oroysom Village Certificate of Recognition, Gold Nugget Grand Award, Pacific Coast MidPen Housing Outstanding Partnership Award, Citibank Maxwell Awards of Excellence – Honorable Certificate of Recognition, Union Bank of 2004 Italian Gardens Builder’s Choice Award of Merit, Builder Riverwood Place Builder’s Choice Award of Merit, Builder Gold Nugget Award of Merit, Pacific Coast Main Street Park, Half Moon Bay Mention, Fannie Mae Foundation Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 108  Packet Pg. 276 of 368  Moonridge Gold Nugget Award of Merit, Pacific Coast Maxwell Awards of Excellence – Honorable 2000 City Center Plaza Sustainability Award, San Mateo County Merit Design Award, California Council of Moonridge National Tax Credit Excellence Award, Secretary’s Commendation, U.S. Secretary’s Commendation, U.S. Redwood Court Certificate of Special Congressional Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 109  Packet Pg. 277 of 368  APPENDIX IV: MidPen Background Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 110  Packet Pg. 278 of 368  Backgrounder/Fact Sheet MidPen Housing was founded in 1970 by a small but influential coalition of Silicon Valley non-profit Mission To provide safe, affordable housing of high quality to those in need; to establish stability and Organization MidPen consists of several distinct corporations working closely together to promote and MidPen Housing Corporation drives all of the development efforts including property MidPen Property Management Corporation provides professional property management MidPen Services Corporation provides an innovative delivery model that brings high quality financial capabilities classes, health and wellness programs and community referrals. Key Facts > Developed or rehabbed over 9,300 affordable homes > An additional 3,500 affordable homes are in construction, entitlements or pre-development > Manage 121 properties with over 8,000 units providing homes for more than 22,000 Northern California residents > Manage assets, primarily of real estate, worth over $1.5 billion > Invest $10 million annually in resident services and partner with over 90 service providers > 64% of our units house families; 25% house seniors; 3% house single adults (in SRO housing) and 8% serve people with supportive housing needs > Work in 11 counties: Alameda, Contra Costa, Monterey, Napa, San Benito, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Yuba > Have received over 150 industry awards and honors for our work > Employ over 500 people Building Communities. Changing Lives. REV. 2/21 Building quality, affordable housing and revitalizing communities for 50 years. Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 111  Packet Pg. 279 of 368  APPENDIX V: MidPen Property Management Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 112  Packet Pg. 280 of 368  MidPen Property Management Corporation Providing professional property management since 1981 To maintain the award-winning quality of our developments, MidPen Housing established an affiliated management company in 1981. Today, MidPen Property Management Corporation manages 7,501 units at 106 properties from Fairfield to Monterey. We manage our own communities. Our seasoned leadership team provides extensive experience in all aspects critical to exceptional property management including compliance, operations, training, facility maintenance and community relations. Being Good Neighbors MidPen Management strives to ensure that every community we manage benefits both our Enhancing Residents’ Lives The property management staff at each of our communities knows and cares about the Committed to Sustainability MidPen Management is committed to sustainable operations and maintenance practices. This retrofitting buildings to improve performance, energy efficiencies, water conservation Managing a Diverse Portfolio We have expertise in managing a wide variety of Population Families % of Units 63%property types – from large, multi-family properties Seniors 26% SRO 4% Special Needs 7% “￿ey are good neighbors. ￿ey keep the building fit because the families spend money – Peter Cuschieri, owner of Angelica’s Bistro, across the street from City Center Plaza, a community owned and managed by MidPen. Professional Property Management REV. 6/19 Building quality, affordable housing and revitalizing communities for over 45 years. Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 113  Packet Pg. 281 of 368  APPENDIX VI: MidPen Resident Services Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 114  Packet Pg. 282 of 368  MidPen Resident Services Corporation Helping residents succeed With an annual investment of $7.3 million, an in-house staff of over 90 and over Services that Work We measure our services by their impact. Our goal is to deliver services that help people measurably advance in all areas of their lives. We provide services specifically designed learn how to use computers, improve English-language fluency, > An educationally-based After School Program to increase academic performance > Financial capabilities courses > Quality of life, physical activity, and wellness programs > Referrals to social services, benefits and resources > Volunteer opportunities and training Powerful Partnerships and Volunteers We deliver these services onsite in partnership with an extensive network of award- winning “I participate in several healthy aging — Ping Yu, senior resident at Monte Vista TerraceBuilding Communities. Changing Lives. REV. 6/19 Building quality, affordable housing and revitalizing communities for over 45 years. Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 115  Packet Pg. 283 of 368  ATTACHMENT A: Proposer’s Information Form Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 116  Packet Pg. 284 of 368  Attachment A Proposer’s Information Form PROPOSER (please type/ print): MidPen Housing CorporationName:__________________________________________________________ 303 Vintage Park Drive, Suite 250, Foster City, CA 94404Address:__________________________________________________________ 650.356.2900 fauyeung@midpen-housing.org_______________________ Email: ______________________________ Felix AuYeung Contact Person: ____________________Title: _________________________________ Vice President of Business Development fauyeung@midpen-housing.org eMail (Required ): ________________________________________________________Telephone (Requir ed ): _5_1_0_. 9_0_8_._0_6_4_4_____________________ Proposer, if selected, intends to carry on the business as (check one): ￿Individual ￿Joint Venture ￿Partnership ￿x Corporation When incorporated? 1_1_._1_9_7_0________ When authorized to do business in California? 1_1_.1__9_7_0_ ￿Other (explain):____________________________________________________ ADDENDA To assure that all Proposers have received each addendum, check the appropriate box(s) below. Failure x x x 3;Addendum number(s) received:1;2;4;5;6; No proposal shall be accepted which has not been signed in ink in the appropriate space below: By signing below, the submission of a proposal shall be deemed a representation and City of Palo Alto 1 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 117  Packet Pg. 285 of 368  Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 118  Packet Pg. 286 of 368  Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 119  Packet Pg. 287 of 368  AMENDED AND RESTATED BYLAWS MIDPEN HOUSING CORPORATION A California Nonprofit Public Benefit Corporation Effective September 9, 2021 ARTICLE I NAME AND OFFICES Section 1.1 Name. “Corporation”).” Section 1.2 Principal Office. The principal office of the Corporation shall be located in Foster City, County of San Mateo, State of California. The Board of Directors of the Corporation (the “Board”) may change the principal office from one location to another at any time by resolution. Section 1.3 Other Offices. Branch or subordinate offices may at any time be established by the Board at any place or places. Section 1.4 Fiscal Year. The fiscal year of the Corporation shall begin on January 1 and end on December 31 of each calendar year. Section 1.5 Purpose. The Corporation has been organized for the purposes set forth in the Articles of Incorporation. The Corporation shall take no action that is inconsistent with the Articles of Incorporation. Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 120  Packet Pg. 288 of 368  ARTICLE II Section 2.1 No Statutory Members. The Corporation shall have no “members” as defined in Section 5056 of the California Nonprofit Public Benefit Corporation Law, as amended (the “Nonprofit Corporation Law”). ARTICLE III DIRECTORS Section 3.1 Powers. Subject to the provisions and limitations of the Nonprofit Corporation Law, the Articles of Incorporation and any other applicable laws, all powers and activities of the Corporation shall be exercised directly by or under the ultimate direction of the Board. Directors shall have no power as individual Directors and shall act only as members of the Board. Section 3.2 Number of Directors. The authorized number of Directors shall be not less than nine (9) but no more than nineteen (19) Directors, until changed by amendment to these Bylaws. The exact number of authorized Directors shall be fixed within those limits by the Board from time to time. Section 3.3 Election and Term of Office. (a)The Directors shall be elected by action of the Board at the annual (b)Each Term for Directors elected pursuant to these Bylaws shall be for (c)The Term of Office for Directors shall be subject to the following term i. A Director shall not serve more than nine consecutive years. ii. A Director who reaches the term limitations but then leaves the Board for three or more consecutive years, may be re-elected to the Board 2 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 121  Packet Pg. 289 of 368  subject to these term limitations applicable to that re-election to the Board. iii. These term limitations may be suspended for a specific Director by a vote of 2/3’s of the Board of Directors. Such suspension of the term limitations shall only apply to the length of one full term (3 years). Section 3.4 Resignation. Any Director may resign at any time by giving written notice of such resignation to the Chairperson, the Secretary or the Board. Such resignation shall take effect upon receipt of notice or at any later time specified in the notice. Unless otherwise specified in the notice of resignation, affirmative acceptance of the resignation shall not be necessary to make it effective. Except upon notice to the Attorney General, no Director may resign where the Corporation would then be left without any duly elected Directors in charge of its affairs. If the resignation is effective at a future time, a successor may be elected to take office when the resignation becomes effective. Section 3.5 Removal. Any Director may be removed by the Board, with or without cause, by a majority of Directors then in office. Cause for removal includes, but is not limited to, the unexcused absence of any Director from three (3) or more consecutive Board meetings. Section 3.6 No Removal on Reduction of Number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director prior to the expiration of such Director’s term of office. Section 3.7 Vacancies and Filling Vacancies. (a)A vacancy in the Board shall be deemed to exist in the event that the Vacancies on the Board may be filled by a majority of the Directors then in 3 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 122  Packet Pg. 290 of 368  Section 3.8 Inspection Rights. Every Director shall have the absolute right at any reasonable time to inspect, copy and make extracts of, in person or by agent or attorney, all books, records and documents of every kind and to inspect the physical properties of the Corporation. Section 3.9 Fees and Compensation. The Directors shall serve without compensation for their services as Directors. Directors may be reimbursed for reasonable expenses incurred in attending meetings of the Board or for expenses incurred in carrying out his or her duties as a Director. Section 3.10 Standard of Care – General. Each Director shall perform the duties of a Director in accordance with Section 5231 of the Nonprofit Corporation Law. The Corporation shall exercise its rights and obligations in accordance with the provisions of the Nonprofit Corporation Law (California Corporation’s Code Sections 5000 et seq.). Section 3.11 Conflict of Interest Policy. The Board shall also adopt a Conflict of Interest Policy. The Board shall monitor compliance with the Conflict of Interest Policy. ARTICLE IV Section 4.1 Annual Meeting. The Corporation’s annual meeting shall take place on a date to be specified by the Board and shall coincide with one of the Board’s regular meetings. The Board shall elect Directors and officers and transact other business at the annual meeting. Notice of this meeting is not required. Section 4.2 Regular Meetings. The Board may provide by resolution the time and place for holding regular meetings of the Board; provided, however, that if the date so designated falls upon a legal holiday, then a different date shall be specified by the Board. Section 4.3 Special Meetings. Special meetings of the Board may be called by the Chairperson, the President/Chief Executive Officer or any two (2) Directors. The meeting shall be held at a place within or without the State of California as designated by the person or persons 4 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 123  Packet Pg. 291 of 368  calling the meeting, and in the absence of such designation, at the principal office of the Section 4.4 Notice and Location of Meetings. Regular meetings may be held without notice if the date, time and place of the regular meetings are fixed by action of the Board. Notice of the date, time and place within the State of California of a special meeting, or of a regular meeting if the date, time and/or place of regular meetings are not designated by the Board, shall be given to each Director four (4) days before the meeting if given by first-class mail or forty-eight (48) hours before the meeting if given personally, by telephone, including a voice- messaging system or by e-mail. These notices shall be addressed to each Director at his or her address as shown on the books of the Corporation. Section 4.5 Telephonic and Electronic Meetings. Directors may participate in a regular or special meeting through the use of conference telephone, electronic video screen communication or similar communications equipment so long as all members participating in such meeting can hear one another. Participation in a meeting pursuant to this Section 4.5 constitutes presence in person at such meeting. Section 4.6 Waiver of Notice. Notice of a meeting need not be given to any Director who signs a waiver of notice, or a written consent to holding the meeting or an approval of the minutes of the meeting, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to such Director. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. The waiver of notice or consent need not specify the purpose of the meeting. Section 4.7 Action Without Meeting. Any action required or permitted to be taken by the Board may be taken without a meeting, if all Directors consent in writing or electronic responses to the action. All such written consents and printed electronic responses shall be filed with the minutes of the proceedings of the Board. For the purposes of this Section 4.7 only, "all Directors" shall not include any "interested director" as defined in Section 5233 of the Nonprofit Corporation Law. Such action by written consent or electronic response shall have the same force and effect as a unanimous vote of the Directors. Section 4.8 Ratification. Any action required or permitted to be taken by the Board that is taken without a meeting may be ratified by a vote of the Board at a subsequent duly held meeting of the Board. Such action by ratification shall have the same force and effect as any other action of the Board. 5 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 124  Packet Pg. 292 of 368  Section 4.9 Quorum. (2) Directors, shall constitute a quorum for the transaction of business, except to Section 4.10 Adjournment. Any meeting of the Board, whether or not a quorum is present, may be adjourned to another time and place by the vote of a majority of the Directors present. Notice of the time and place of the adjourned meeting need not be given to absent Directors if said time and place are fixed at the meeting adjourned. If the meeting is adjourned for more than twenty-four (24) hours, notice of the time and place must be given before the time when the meeting is to resume to any Directors who were not present when the meeting was adjourned. ARTICLE V COMMITTEES Section 5.1 Board Committees. The Board may, by resolution adopted by a majority of the Directors then in office, provided a quorum is present, designate one (1) or more committees (“Board Committees”), each consisting of two (2) or more Directors and only of Directors, to serve at the pleasure of the Board. Appointments to such committees shall be by majority vote of the Directors then in office. Board Committees may be given all the authority of the Board, subject to the limitations specified in Section 5212 of the Nonprofit Corporation Law. The Board may, at any time, revoke or modify any or all of the authority delegated to the Board Committees. The Board may adopt rules for the governance of any committee not inconsistent with these Bylaws. Section 5.2 Executive Committee. The Board shall create a Board Committee called the “Executive Committee” to oversee key strategy, management and compensation. The Executive Committee will have a minimum of five (5) Directors and a maximum of seven (7) Directors. 6 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 125  Packet Pg. 293 of 368  Section 5.3 Audit Committee. The Board shall create an Audit Committee if required by the California Nonprofit Integrity Act of 2004 (the “Nonprofit Integrity Act”). Section 5.4 Advisory Committees. The Board may create one (1) or more advisory committees (“Advisory Committees”), each consisting of two (2) or more Directors, non-Directors or a combination of Directors and non-Directors. Advisory Committees may not exercise the authority of the Board to make decisions on behalf of the Corporation. Advisory Committees shall be restricted to making recommendations to the Board or Board Committees and implementing Board or Board Committee decisions and policies under the supervision and control of the Board or Board Committee. The Board may, at any time, revoke or modify any or all of the authority delegated to the Advisory Committee. ARTICLE VI Section 6.1 Officers. The officers of the Corporation shall be a Chairperson, a President/Chief Executive Officer, a Vice Chairperson, a Secretary, a Treasurer and a Chief Financial Officer (“CFO”). The Corporation may also have, at the discretion of the Board, one (1) or more additional officers, including Co-Vice-Chairpersons, Secretaries and Treasurers, as may be appointed in accordance with the provisions of Section 6.2. One (1) person may hold two (2) or more offices, except that no person holding the office of Secretary, Treasurer or CFO may concurrently hold the office of Chairperson or President/Chief Executive Officer. Section 6.2 Election and Term. The officers of the Corporation shall be elected annually by a majority of the Directors present at the annual meeting and shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract of employment. Officers need not be chosen from among the Directors. The term of each officer shall be for one (1) year. Section 6.3 Subordinate Officers, etc. The Board or the President/Chief Executive Officer may appoint such other subordinate officers of the Corporation as the business of the Corporation may require, each of which shall hold office for such period, have such authority and perform such duties as the Board or the President/Chief Executive Officer may determine from time to time. The Board or the President/Chief Executive Officer may fill a vacancy in any such subordinate office. 7 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 126  Packet Pg. 294 of 368  Section 6.4 Resignation. Section 6.5 Removal. An officer may be removed from office with or without cause by the Board or by an officer on whom such power of removal may be conferred by the Board. Section 6.6 Vacancies. A vacancy in any office (other than subordinate offices) because of death, resignation, removal, disqualification or any other cause shall be filled by the Board. A vacancy in a subordinate office for any reason shall be filled in accordance with Section 6.3. Section 6.7 Chairperson of the Board. The Chairperson shall preside at all meetings of the Board and shall have the power to sign contracts, agreements or any other instruments in connection with projects authorized by the Board, and exercise and perform such other powers and duties as may from time to time be assigned to the Chairperson by the Board or prescribed by these Bylaws. Section 6.8 President/Chief Executive Officer. The President/Chief Executive Officer shall be the general manager and chief executive officer of the Corporation and shall have the general supervision, direction and control of the business of the Corporation, including the power to sign contracts, agreements or any other instruments in conjunction with projects authorized by the Board. The President/Chief Executive Officer shall see that all orders and resolutions of the Board are carried into effect, and shall exercise and perform such other powers and duties as may be prescribed by these Bylaws or by the Board. Section 6.9 Vice Chairperson. The Vice Chairperson shall have powers and perform such duties, including the performance of the duties of the Chairperson in the absence or disability of the Chairperson, as from time to time may be prescribed by the Board or these Bylaws. Section 6.10 Secretary. The Secretary shall keep, or cause to be kept, a full and complete record of the proceedings of the Board and of committees established by these Bylaws. The record shall include all waivers of notices, consents to the holding of meetings or approvals of 8 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 127  Packet Pg. 295 of 368  the minutes of meetings executed pursuant to these Bylaws or the Nonprofit Section 6.11 Treasurer. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and records of account in written form or any other form capable of being converted into written form. The Treasurer shall render to the Chairperson and the Directors, upon request, an account of the Treasurer’s transactions as Treasurer and of the financial condition of the Corporation, and shall exercise and perform such other powers and duties as may be prescribed by these Bylaws or by the Board. Section 6.12 Chief Financial Officer. Together with the Treasurer, the Chief Financial Officer (the “CFO”) of the Corporation shall create, execute, sign keep and maintain, or cause to be created, executed, signed, kept and maintained, adequate and correct books and records of account in written form or any other form capable of being converted into written form. The CFO shall also create, execute, sign authenticate, keep and maintain cause to be created, executed signed, authenticated, kept and maintained financial/tax records, documents and agreements including but not limited to IRS and state related tax documents and forms. The CFO shall also (i) give, or cause to be given, to the Directors such financial statements and reports as are required to be given by law, prescribed by these Bylaws or requested by the Directors; (ii) ensure that the Corporation’s books and records of account are open to inspection by any Director upon request at all reasonable times; (iii) deposit, or cause to be deposited, all money and other valuables in the name and to the credit of the Corporation with such depositories as designated by the Board; (iv) disburse, or cause to be disbursed, the Corporation’s funds as ordered by the Board; (v) render to the President/Chief Executive Officer, the Chairperson and the Directors, upon request, an account of the financial condition of the Corporation; and (vi) exercise and perform such other powers and duties as may be prescribed by these Bylaws or by the Board. Section 6.13 Compensation. The Board or a Board Committee shall review any compensation packages (including benefits) of the President/Chief Executive Officer and the CFO, and shall approve such compensation only after determining that the compensation is just and reasonable. This review and approval shall occur annually, as well as when such officer is hired, when the term of employment of such officer is renewed or extended and when the compensation of such officer is modified, unless the modification applies to substantially all of the Corporation’s employees. No officers shall be prevented from receiving such compensation by reason of the fact that the officer is also a Director of the Corporation. 9 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 128  Packet Pg. 296 of 368  ARTICLE VII BOOKS AND RECORDS Section 7.1 Books and Records. The Corporation shall keep adequate and correct books and records of account and minutes of the proceedings of the Board and committees of the Board. Section 7.2 Form of Records. Minutes, books and records shall be kept in written form or in any form capable of being converted into written form. If any record subject to inspection pursuant to the Nonprofit Corporation Law is not maintained in written form or in any form capable of being converted into written form, a request for inspection is not complied with unless and until the Corporation at its expense makes such record available in such forms. Section 7.3 Financial Reporting. The Corporation shall produce and distribute the financial and other reports required by the Nonprofit Corporation Law, including, without limitation, the annual report required by Section 6321 of the Nonprofit Corporation Law and the statement of transactions or indemnification required by Section 6322 of the Nonprofit Corporation Law, and if required, produce and make publicly available the financial statements required by the Nonprofit Integrity Act. ARTICLE VIII GRANTS, INVESTMENTS, CONTRACTS, LOANS, ETC. Section 8.1 Investment Policy. The Board shall, by resolution, create an Investment Policy that complies with the investment standards of Section 5240 of the Nonprofit Corporation Law. Section 8.2 Grants. The making of grants and contributions, and otherwise rendering financial assistance for the purposes of this Corporation, may be authorized by the Board. The Board may authorize any officer or officers, agent or agents, in the name of and on behalf of the Corporation to make any such grants, contributions or assistance. Section 8.3 Execution of Contracts. The Board may authorize any officer, employee, agent or committee, in the name and on behalf of the Corporation, to enter into any contract or execute and satisfy any instrument, and any such authority may be general or confined to specific instances, or otherwise limited. In the absence of any action by the Board to the contrary, the Chairperson and President/Chief Executive Officer are authorized to execute such instruments on behalf of the Corporation. 10 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 129  Packet Pg. 297 of 368  Section 8.4 Loans. employee or agent authorized by the Bylaws or by the Board may effect loans and Section 8.7 Checks, Drafts, Etc. All checks, drafts and other orders for the payment of money out of the funds of the Corporation and all notes or other evidences of the indebtedness of the Corporation shall be signed on behalf of the Corporation by the President/Chief Executive Officer, the CFO or such persons as shall from time to time be determined by resolution of the Board. Section 8.8 Deposits. The funds of the Corporation not otherwise employed shall be deposited from time to time to the order of the Corporation in such banks, trust companies or other depositaries as the Board may select or as may be selected by the President/Chief Executive Officer, the CFO or such other officer, employee or agent of the Corporation to whom such power may from time to time be delegated by the Board. ARTICLE IX INDEMNIFICATION OF DIRECTORS AND OFFICERS Section 9.1 Definitions. For purposes of this Article, “Agent” means any person who is or was a Director, officer, employee or other agent of the Corporation, or is or was serving at the request of the Corporation as a Director, officer, employee or other agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, or was a Director, officer, employee or agent of a predecessor corporation of the Corporation or another enterprise at the request of such predecessor corporation; “Proceeding” means any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative; and “Expenses” includes, without limitation, attorneys’ fees and any expenses incurred in establishing a right to indemnification under Section 9.2 of this Article. 11 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 130  Packet Pg. 298 of 368  Section 9.2 Right to Indemnity. The Corporation may, to the fullest extent permitted by law, indemnify any person who was or is a party or is threatened to be made a party to any Proceeding by reason of the fact that such person is or was an Agent of the Corporation, against Expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with the Proceeding. Section 9.3 Approval of Indemnity. (a)On written request to the Board by any Agent seeking indemnification, to Section 5238(d) of the Nonprofit Corporation Law. Otherwise, the Board (b)Where the action or proceeding is brought on behalf of the Corporation or Section 9.4 Advancing Expenses. The Board may authorize the advance of Expenses incurred by or on behalf of an Agent of the Corporation in defending any Proceeding before the final disposition of such Proceeding, if the Board finds that (i) the requested advances are reasonable in amount under the circumstances and (ii) before any advance is made, the Agent submits a written undertaking satisfactory to the Board, in its sole discretion, to repay the advance unless it ultimately is determined that the Agent is entitled to indemnification for the Expenses under this Article. Section 9.5 Insurance. The Board shall have the power to purchase and maintain insurance on behalf of any Agent against any liability asserted against or incurred by the Agent in such capacity or arising out of the Agent’s status as such, whether or not the Corporation would have the power to indemnify the Agent against such liability under this Article; provided, however, that the Corporation shall not have the power to purchase and 12 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 131  Packet Pg. 299 of 368  maintain such insurance to indemnify any Agent of the Corporation for a violation of ARTICLE X OTHER PROVISIONS Section 10.1 Electronic Transmissions. Unless otherwise provided in these Bylaws, and subject to any guidelines and procedures that the Board may adopt from time to time, the terms “written” and “in writing” as used in these Bylaws include any form of recorded message in the English language capable of comprehension by ordinary visual means, and may include electronic transmissions, such as facsimile or e-mail, provided (i) for electronic transmissions from the Corporation, the Corporation has obtained an unrevoked written consent from the recipient to the use of such means of communication; (ii) for electronic transmissions to the Corporation, the Corporation has in effect reasonable measures to verify that the sender is the individual purporting to have sent such transmission; and (iii) the transmission creates a record that can be retained, retrieved, reviewed and rendered into clearly legible tangible form. ARTICLE XI AMENDMENTS Section 11.1 Amendment of Bylaws. New bylaws may be adopted or these Bylaws may be amended or repealed by the vote of a majority of the authorized Directors at a duly held meeting at which a quorum is present. 13 Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 132  Packet Pg. 300 of 368  Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 133  Packet Pg. 301 of 368  (This page is intentionally blank) Item 8 ​Attachment B - MidPen Housing Response        Item 8: Staff Report Pg. 134  Packet Pg. 302 of 368  Palo Alto Downtown New Parking & Housing Midway –Phase I, Daly City Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 135  Packet Pg. 303 of 368  Our Team MidPen Housing has delivered well-designed affordable housing communities that allow people from all ethnic, social and economic backgrounds to live in dignity, harmony and mutual respect. Felix AuYeung Vice President of Business Development Abby Goldware Potluri Vice President of Housing Development Mollie Naber Associate Director of Housing Development Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 136  Packet Pg. 304 of 368  A Mission Driven Organization Centering Equity in All We Do •Deeply rooted in Santa Clara County: 48 MidPen communities totaling over 4,000 homes •We believe inclusive and responsive Community Engagement is what builds strong communities. •Consistent track record of securing financing: 18 developments fully financed since 2020 •Stewards of our communities. We are invested for the long-term. •Strong Property Management •Exceptional Resident Services that improve residents' lives Edwina Benner, Sunnyvale Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 137  Packet Pg. 305 of 368  Our Experience Professional Development Team 50+ professionals 60 communities (5,342 homes) in pipeline 1,411 homes under construction Presence in Santa Clara County 48 communities, totaling 4270 homes Presence in San Mateo County 50 communities, totaling 3580 homes Presence in Palo Alto 2 communities, totaling 180 homes Alma Point, Foster City City Center Plaza, Redwood City Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 138  Packet Pg. 306 of 368  Property Management Long Term Stewards of Community Assets.Manage 8,500 units at 110 properties serving over 17,500 residents. Commitment to being good neighbors. Ensure our communities are safe, beautiful, and well-maintained. Intentional approach to ensure our residents can retain their homes. Focus on Resident Satisfaction. Commitment to listening to and supporting our residents.Supporting a 99%+ occupancy rate Palo Alto Gardens, Palo Alto Page Mill Court, Palo Alto Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 139  Packet Pg. 307 of 368  Resident Services Invest $10M annually in on-site resident services Three distinct programs to serve: •Families –working adults and youth •Seniors •Special needs individuals (supportive housing) In-house staff of 100 and leverage close to 2,000 volunteer hours annually; 300 third-party partners to deepen impact Intentional Support to help residents advance in all areas of their lives through: •Academically-based after school programs •Workforce Development •Financial capability programs for adults •Health programs to help seniors age in place Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 140  Packet Pg. 308 of 368  Proposal Concept •Partner with City of Palo Alto on development approach and sites to target development •Consider consolidated parking structures and shared parking arrangements •Use off-site parking solutions to free up on-site parking on small sites •Avoid podiums for residential buildings, save cost and space •Park new housing at 0.5:1 ratio given excellent amenities and transportation options •Target roughly 41 homes for families or 51 homes for seniors, to fit in 9% LIHTC competition •Plan for at least two housing developments, operate together as scattered-site communities •Include some on-site stalls for accessible parking and white-curb parking for convenience •Family affordability range: 30%-80% AMI •Senior affordability range: 30%-50% AMI •Permanent Supportive Housing: 30% AMI Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 141  Packet Pg. 309 of 368  1.Build replacement parking first 2.Build housing developments clustered near new parking 3.Evaluate and reassess next phase •Lot D = 84 existing stalls •Lot G = 53 existing stalls •Lot E = 35 existing stalls •Family Housing on Lot G = 21 new stalls •Senior Housing on Lot E = 21 new stalls •Net New Public Parking = 25 new stalls •Total Garage Size = 239 stalls Step Lot Parking Housing Cost 1 D to garage Build 239-stall garage $12M 2 G to family Pays for 21 stalls 41 family du Pays $1M 3 E to senior Pays for 21 stalls 51 senior du Pays $1M 4 Reassess 197 net public stalls $10M net Development Approach 1 Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 142  Packet Pg. 310 of 368  Approach 1 1. Garage 2.Family Housing3Senior Housing Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 143  Packet Pg. 311 of 368  1.Build housing developments and use existing garage parking 2.Assess then current parking needs 3.Build more housing or build garage •Lot F = 47 existing stalls •Lot P = 51 existing stalls •Family Housing on Lot F = 21 exclusive use •Family Housing on Lot P = 21 exclusive use •Net Loss on public parking = 140 stalls •Lot A = 68 existing stalls •Add new public parking = 25 stalls •Total Garage Size = 233 stalls Development Approach 2 Step Lot Parking Housing Cost 1 F to family Park in S/L Garage 41 family du Pays $1M 2 P to family Park in R Garage 41 family du Pays $1M 3 Parking Study Short 145 stalls 4 A to garage 233 stalls $12M Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 144  Packet Pg. 312 of 368  Approach 2 1.Family Housing Park S/L 2.Family Housing 3. Garage Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 145  Packet Pg. 313 of 368  1.Build housing developments with some on-site parking 2.Assess then current parking needs 3.Build more housing or build garage •Lot T = 51 existing stalls •Lot C = 52 existing stalls •Family Housing on Lot T = 21 stalls on site •Senior Housing on Lot C = 21 stalls on site •Net Loss on public parking = 103 stalls •Lot A = 68 existing stalls •Add new public parking = 25 stalls •Add extra future housing parking = 42 stalls •Total Garage Size = 238 stalls Development Approach 3 Step Lot Parking Housing Cost 1 T to family 21 stalls on site 41 family du 2 C to senior 21 stalls on site 51 family du 3 Parking Study Short 103 stalls 4 A to garage 238 stalls $12M Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 146  Packet Pg. 314 of 368  Approach 3 1.Family Housing w/21 stalls 2.Senior Housing w/21 stalls 3. Garage Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 147  Packet Pg. 315 of 368  Some Considerations •Parking locations not equal: Coral and Purple Zones appear more utilized than Blue and Lime Zones •Strategies to increase utilization of existing parking structures •Smart technologies to direct parking to available spaces •Transportation alternatives, secured bicycle parking, designated ride-share drop areas •Evaluation of peak utilization by location, for possible addition or subtraction of spaces •Understanding of zero-lot conditions, façade setbacks, and alley widths for access •Financing structure and funding sources for potential commercial spaces along key corridors •Partner with City to determine best strategies forward Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 148  Packet Pg. 316 of 368  Financing Experience In the current extremely competitive financing environment, MidPen has demonstrated unparalleled success in securing funding. In the last 3 years: •Financed nine 9% tax credit developments •Financed six tax-exempt bond developments with 4% tax credit •Financed three additional developments using new CA Housing Accelerator Given the scale and development capacity of the small parking lot sites, MidPen’s approach is to structure the 100% affordable housing concept into phases competitive for 9% tax credits. This scenario would minimize gap subsidy required. MidPen would seek to compete for 9% tax credits for each housing parcel as separate projects, under different rounds, due to the limited allocation of credits available in the South and West Bay Region in any particular round. We have deep experience with scattered site developments, public parking structures, and phased developments. Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 149  Packet Pg. 317 of 368  Public Parking Experience Kiku Crossing, San Mateo Homes: 225 Public Parking Stalls:524 Residential Parking Stalls: 164 Fair Oaks Plaza, Sunnyvale Homes: 124 Public Parking Stalls: 210 Residential Parking Stalls: 84 Station Center, Union City Homes: 157 Public Parking Stalls: 127 Residential Parking Stalls: 157 Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 150  Packet Pg. 318 of 368  Phased Project Experience Brooklyn Basin, Oakland Total Homes: 465 Total Phases: 4 Midway Village, Daly City Total Homes: 555 Total Phases: 4 Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 151  Packet Pg. 319 of 368  Placemaking Firehouse Square, Belmont Shorebreeze, Mountain View Penn Station, San Mateo Foon Lok West, Oakland Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 152  Packet Pg. 320 of 368  Community Outreach & Engagement Transparent, Inclusive, and Responsive Community Engagement One on One Conversations Series of intentional conversations with potential residents, immediate neighbors, key stakeholders, and neighborhood groups like the Evergreen Park Neighborhood Association Neighborhood Open House Presentation of proposal followed by information stations covering MidPen’s mission and history, onsite services, property management, and lease-up process Design Focused Community Meetings Sharing project design and listening to feedback from community stakeholders Communication List Website and email list for ongoing updates; prospective resident interest list Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 153  Packet Pg. 321 of 368  Q&A Item 8 ​Attachment C - MidPen Presentation        Item 8: Staff Report Pg. 154  Packet Pg. 322 of 368  City Council Staff Report Report Type: ACTION ITEMS Lead Department: City Clerk Meeting Date: December 11, 2023 Report #:2311-2272 TITLE Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024. RECOMMENDATION Adopt a resolution establishing the Annual Summer and Winter Breaks, Council Regular and alternate meeting dates and Council event schedule from January to December 2024. BACKGROUND Staff is requesting consideration of adopting a Council schedule for 2024 to allow the Council to more efficiently conduct the City’s business and offer the Council, staff, and community stakeholders the opportunity to better plan for meetings as well as other obligations. Under Municipal Code Section 2.04.010(b), each year, no later than the third meeting in February, the Council shall, by Resolution, schedule its vacation for that year. During the vacation period, the Code states that there shall be no regular meetings of the Council or its standing committees. Under the Code, the Mayor or a majority of the Council may call a special meeting during the scheduled vacation, if necessary. This calendar-setting process occurs annually. Municipal Code Section 2.04.010(a) sets regular City Council meetings on the first three Mondays of each month. However, the Council has significant business to conduct, and at times there is a need for additional meetings to finish that business. Additionally, regular meeting dates may land on a holiday or other day of significance, thus announcing in advance which meeting dates may be modified maximizes public participation in the public process and creates operational efficiencies. ANALYSIS Attachment A outlines the proposed 2024 Council calendar. The attachment also includes a list of holidays and heritage, awareness, and recognition months. As this is an iterative process, this list is not exhaustive and will continue to evolve over time. The goal of sharing holidays and Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 1  Packet Pg. 323 of 368  heritage and awareness months in Attachment A is to increase awareness as part of the City’s diversity, equity, and inclusion efforts. st. Dates of Significance FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 2  Packet Pg. 324 of 368  ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 3  Packet Pg. 325 of 368  2024 City Council & Committee Calendar City Council Finance Policy & Services Rail City School Liaison Holidays January 8, 2024 ** No Council Committee Meetings in January 1.1 New Year January 16, 2024 1.15 MLK Jr. Day January 22, 2024 January 29, 2024 (Annual Priority Setting Meeting) February 5, 2024 February 6, 2024 February 13, 2024 February 20, 2024 February 15, 2024 2.19 President's Day February 12, 2024 February 20, 2024 February 26, 2024 March 4, 2024 March 5, 2024 March 12, 2024 March 19, 2024 March 21, 2024 March 11, 2024 March 19, 2024 March 18, 2024 March 25, 2024 April 1, 2024 April 2, 2024 April 9, 2024 April 16, 2024 April 18, 2024 April 8, 2024 April 16, 2024 April 15, 2024 April 22, 2024 May 6, 2024 May 7, 2024 May 14, 2024 May 21, 2024 May 16, 2024 5.27 Memorial Day May 13, 2024 May 21, 2024 May 20, 2024 June 3, 2024 June 4, 2024 June 11, 2024 June 18, 2024 June 20, 2024 June 10, 2024 June 18, 2024 June 17, 2024 June 24, 2024 June 25 - Aug 4 Summer Break August 5, 2024 August 6, 2024 August 13, 2024 August 20, 2024 August 15, 2024 August 12, 2024 August 20, 2024 August 19, 2024 August 26, 2024 September 9, 2024 September 3, 2024 September 10, 2024 September 17, 2024 September 19, 2024 9.2 Labor Day September 16, 2024 September 17, 2024 September 23, 2024 October 7, 2024 October 1, 2024 October 8, 2024 October 15, 2024 October 17, 2024 10.14 Indigenous People's Day October 21, 2024 October 15, 2024 October 28, 2024 November 4, 2024 November 12, 2024 November 19, 2024 November 21, 2024 11.5 Election Day 11.11 Veterans Day 11.28 Thanksgiving November 18, 2024 November 19, 2024 Item 9 Attachment A - 2024 City Council Calendar        Item 9: Staff Report Pg. 4  Packet Pg. 326 of 368  November 25, 2024 December 2, 2024 December 3, 2024 December 10, 2024 December 17, 2024 December 19, 2024 December 9, 2024 December 17, 2024 December 16, 2024 December 20 - January 5, 2025 Winter Break ** ** Meetings in italics are alternative meeting dates Summer & Winter Break Schedule 2024 Tuesday June 25 – Sunday August 4 Summer Break Friday December 20 – Sunday January 5, 2025 Winter Break City Council Events 2024 Monday, January 8, 2024 Council Reorganization Event Monday, January 29, 2024 Annual Priority Setting Meeting TBD State of the City Thursday, September 26, 2024 BCC Recognition Event Heritage, Awareness, & Recognition Months by Month (This is not intended to be an exhaustive list. As an iterative process, this list will continue to evolve over time as needed). January January 27 - Holocaust Remembrance Day January 11 - Orthodox Christmas Day January 14 - Orthodox New Year Black History Month February 10 – March 1 Lunar New Year February 20 - World Day of Social Justice National Women’s History Month Irish American Heritage Month Item 9 Attachment A - 2024 City Council Calendar        Item 9: Staff Report Pg. 5  Packet Pg. 327 of 368  March 8 - International Women’s Day April May June August Item 9 Attachment A - 2024 City Council Calendar        Item 9: Staff Report Pg. 6  Packet Pg. 328 of 368  September Hispanic Heritage Month September 27 California Native American Heritage Day October National Italian American Heritage Month Filipino American Heritage Month Breast Cancer Awareness Month October 2 – 4 Rosh Hashanah October 11 – 12 Yom Kippur October 31 – November 4 Diwali November National Native American Heritage Month November 1 – Diwali December Item 9 Attachment A - 2024 City Council Calendar        Item 9: Staff Report Pg. 7  Packet Pg. 329 of 368  3 1 1 4 JAN 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 31 1 2 3 4 5 6 New Year's Day Finance 7 8 9 10 11 12 13 CC (Reorg)Policy & Services 14 15 16 17 18 19 20 MLK Day Finance Rail CC (alternate) City/Schools 21 22 23 24 25 26 27 CC (alternate) 28 29 30 31 1 2 3 Annual Priority Setting Meeting Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 8  Packet Pg. 330 of 368  3 1 1 4 FEB 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 28 29 30 31 1 2 3 4 5 6 7 8 9 10 CC Finance 11 12 13 14 15 16 17 CC Policy & Services City/Schools 18 19 20 21 22 23 24 Presidents' Day Finance Rail 25 26 27 28 29 1 2 CC (alternate) Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 9  Packet Pg. 331 of 368  3 1 1 4 MAR 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 25 26 27 28 29 1 2 3 4 5 6 7 8 9 CC Finance 10 11 12 13 14 15 16 CC Policy & Services 17 18 19 20 21 22 23 CC Finance Rail City/Schools 24 25 26 27 28 29 30 CC (optional additional date) 31 1 2 3 4 5 6 Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 10  Packet Pg. 332 of 368  3 1 1 4 APRIL 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 31 1 2 3 4 5 6 CC Finance 7 8 9 10 11 12 13 CC Policy & Services 14 15 16 17 18 19 20 CC Finance Rail City/Schools 21 22 23 24 25 26 27 CC (optional additional date) 28 29 30 1 2 3 4 Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 11  Packet Pg. 333 of 368  3 1 1 4 MAY 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 28 29 30 1 2 3 4 5 6 7 8 9 10 11 CC Finance 12 13 14 15 16 17 18 CC Policy & Services City/Schools 19 20 21 22 23 24 25 CC Finance Rail 26 27 28 29 30 31 1 Memorial Day Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 12  Packet Pg. 334 of 368  3 1 1 4 JUNE 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 26 27 28 29 30 31 1 2 3 4 5 6 7 8 CC Finance 9 10 11 12 13 14 15 CC Policy & Services 16 17 18 19 20 21 22 CC Finance Rail Juneteenth City/Schools 23 24 25 26 27 28 29 CC (optional additional date) Start of Summer Break 30 1 2 3 4 5 6 Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 13  Packet Pg. 335 of 368  3 1 1 4 JULY 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 30 1 2 3 4 5 6 Independence Day 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 14  Packet Pg. 336 of 368  3 1 1 4 AUG 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 28 29 30 31 1 2 3 4 5 CC 6 7 8 9 10 End of Summer Break CC Finance 11 12 13 14 15 16 17 CC Policy & Services City/Schools 18 19 20 21 22 23 24 CC Finance Rail 25 26 27 28 29 30 31 CC (optional additional date) Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 15  Packet Pg. 337 of 368  3 1 1 4 SEPT 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7 Labor Day Finance 8 9 10 11 12 13 14 CC Policy & Services 15 16 17 18 19 20 21 CC Finance Rail City/Schools 22 23 24 25 26 27 28 CC (alternate) BCC Recognition Event 29 30 1 2 3 4 5 Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 16  Packet Pg. 338 of 368  3 1 1 4 OCT 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 29 30 1 2 3 4 5 Finance 6 7 8 9 10 11 12 CC Policy & Services 13 14 15 16 17 18 19 Indigenous Peoples Day Finance Rail City/Schools 20 21 22 23 24 25 26 CC 27 28 29 30 31 1 2 CC (alternate) Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 17  Packet Pg. 339 of 368  3 1 1 4 NOV 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 27 28 29 30 31 1 2 3 4 5 Election 6 7 8 9 CC Finance 10 11 12 13 14 15 16 Veterans Day Policy & Services 17 18 19 20 21 22 23 CC Finance Rail City/Schools 24 25 26 27 28 29 30 CC (alternate) Thanksgiving Day Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 18  Packet Pg. 340 of 368  3 1 1 4 DEC 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7 CC Finance 8 9 10 11 12 13 14 CC Policy & Services 15 16 17 18 19 20 21 CC Finance Rail City/Schools Start of Winter Break 22 23 24 25 26 27 28 Christmas 29 30 31 1 2 3 4 Item 9 Attachment A - 2024 City Council Calendar (Alt Format)        Item 9: Staff Report Pg. 19  Packet Pg. 341 of 368  NOT YET APPROVED 20231115 th 0140223 Resolution No. ________ Resolution of the Council of the City of Palo Alto Establishing the Council Calendar of Meetings, Summer and Winter Breaks, and Schedule of Events for Calendar Year 2024 R E C I T A L S A. Pursuant to Section 2.04.010 of the Municipal Code, the City Council must schedule its annual summer and winter breaks for each calendar year no later than the third meeting in February. B. The Council also wishes to establish a calendar of meetings and schedule of events for 2024. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City Council’s summer break for calendar year 2024 is scheduled for Tuesday, June 25, 2024 through Sunday, August 4, 2024 and its winter break is scheduled for Friday, December 20, 2024 through Sunday, January 5, 2025. SECTION 2. The City Council adopts a regular calendar of meetings of the Council, the Finance Committee, the Policy & Services Committee, and the Rail Committee (including holidays and days of significance); a schedule of Council events; and a calendar of Heritage and Awareness Months, as set forth in Attachment A, which is incorporated into the resolution by reference. Council and committee meetings dates are subject to change as directed by the Mayor or committee chair in consultation with the City Manager or designee. / / / / / / / / / / / / / / / / Item 9 Attachment B - Resolution setting 2024 Council Summer and Winter Breaks and Calendar of Meetings        Item 9: Staff Report Pg. 20  Packet Pg. 342 of 368  NOT YET APPROVED 20231115 th 0140223 SECTION 3. The Council finds that the adoption of this resolution not a project under the California Environmental Quality Act (CEQA) Guidelines 15378(b)(5) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and thus, an environmental assessment under CEQA is not required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: ___________________________________ ____________________________________ City Clerk Mayor APPROVED AS TO FORM: ______________________________ ____________________________________ City Attorney City Manager Item 9 Attachment B - Resolution setting 2024 Council Summer and Winter Breaks and Calendar of Meetings        Item 9: Staff Report Pg. 21  Packet Pg. 343 of 368  3 4 7 8 City Council Staff Report From: COUNCIL APPOINTED OFFICERS COMMITTEE Report Type: ACTION ITEMS Lead Department: Human Resources Meeting Date: December 11, 2023 Report #:2311-2213 TITLE Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status - Not a Project RECOMMENDATION Staff recommends that the City Council approve and authorize the Mayor to execute the following contract amendments for Council Approved Officers and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk: 1. Amendment No. 11 to Employment Agreement between the City of Palo Alto and Molly S. Stump (Attachment A); 2. Amendment No. 5 to Employment Agreement between the City of Palo Alto and Ed Shikada (Attachment B); and 3. Amendment to Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024, and salary adjustment in alignment with increase for all unrepresented Management and Professional employees (Attachment C) BACKGROUND / DISCUSSION The City Council has completed annual merit reviews for Council Appointed Officers (CAOs): City Attorney Molly S. Stump and City Manager Ed Shikada for the prior fiscal year’s performance (FY 2023). Staff has been directed by City Council to forward amendments to employment agreements to implement merit- based increases to the CAO’s annual salaries, effective July 1, 2022, as follows: •City Attorney Molly S. Stump, merit increase of 7% from $335,750 to $359,258 (Attachment A); •City Manager Ed Shikada, merit increase of 7% from $381,372 to $408,096 (Attachment B). Item 10 Item 10 Staff Report        Item 10: Staff Report Pg. 1  Packet Pg. 344 of 368  3 4 7 8 As appointed officers of the Council, the City Attorney and City Manager1 are employed under employment agreements specifying that performance and salary are evaluated annually. Salary Adjustments. Not less than once each year, the City Council shall meet for the express purpose of evaluating the performance of Shikada and determining whether to grant him an increase in annual base salary based on performance. The City Council will act in good faith in determining whether to provide an increase based on performance, but the ultimate decision in this regard is within the sole discretion of the City Council. The Council may also adjust Shikada’s annual base salary due to labor market and/or internal equity conditions. Resolution Amending Appointment Term for City Clerk and Salary Adjustment 1 Previous Employment Agreements of the City Attorney and the City Manager (Pg. 109) Item 10 Item 10 Staff Report        Item 10: Staff Report Pg. 2  Packet Pg. 345 of 368  3 4 7 8 appointment term and extend the interim appointment through March 31, 2024 or until the formal executive recruitment is completed, whichever is sooner. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 10 Item 10 Staff Report        Item 10: Staff Report Pg. 3  Packet Pg. 346 of 368  1 AMENDMENT NO. ELEVENTEN TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MOLLY S. STUMP This AMENDMENT NO. ELEVENTEN to the EMPLOYMENT AGREEMENT(“Agreement”) is entered into on December 11, 2023 November 28, 2022 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“City”), and MOLLY S. STUMP (“Stump”), an individual, located at 250 Hamilton Avenue 8th Floor, Palo Alto, CA. R E C I T A L S: WHEREAS, the original EMPLOYMENT AGREEMENT between the City of Palo Alto and Molly S. Stump, attached hereto and incorporated herein as Exhibit “A” was entered into between the parties for the services of City Attorney on or about April 18, 2011; and WHEREAS, AMENDMENT NO. ONE to the Agreement, attached hereto and incorporated herein as Exhibit “B” was entered into between the parties on or about March 24, 2014; and WHEREAS, AMENDMENT NO. TWO to the Agreement, attached hereto and incorporated herein as Exhibit “C” was entered into between the parties on or about December 8, 2014; and WHEREAS, AMENDMENT NO. THREE to the Agreement, attached hereto and incorporated herein as Exhibit “D” was entered into between the parties on or about February 1, 2016; and WHEREAS, AMENDMENT NO. FOUR to the Agreement, attached hereto and incorporated herein as Exhibit “E” was entered into between the parties on or about December 12, 2016; and WHEREAS, AMENDMENT NO. FIVE to the Agreement, attached hereto and incorporated herein as Exhibit “F” was entered into between the parties on or about November 6, 2017; and WHEREAS, AMENDMENT NO. SIX to the Agreement, attached hereto and incorporated herein as Exhibit “G” was entered into between the parties on or about December 17, 2018; and WHEREAS, AMENDMENT NO. SEVEN to the Agreement, attached hereto and incorporated herein as Exhibit “H” was entered into between the parties on or about December 17, 2019; and WHEREAS, AMENDMENT NO. EIGHT to the Agreement, attached hereto and incorporated herein as Exhibit “I” was entered into between the parties on or about June 22, 2020; and Item 10 Attachment A - Amendment No. 11 to the Employment Agreement between the City of Palo Alto and Molly Stump        Item 10: Staff Report Pg. 4  Packet Pg. 347 of 368  2 WHEREAS, AMENDMENT NO. NINE to the Agreement, attached hereto and incorporated herein as Exhibit “J” was entered into between the parties on or about December 13, 2021; and WHEREAS, AMENDMENT NO. TEN to the Agreement, attached hereto and incorporated herein as Exhibit “K” was entered into between the parties on or about November 28, 2022; and WHEREAS, the parties wish to amend the Agreement; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1: Section 3.1 of the Agreement, Compensation, is hereby amended to read as follows: At the recommendation of the Palo Alto City Council Appointed Officers Committee (CAO) and consistent with annual merit practices, effective the first full pay period following July 1, 20232, Stump will receive a base annual salary of Three Hundred Fifty Nine Thousand Two Hundred and Fifty EightThirty-Five Thousand Seven- Hundred Fifty dollars ($359,25835,750), paid on City’s normal paydays. Stump shall be an exempt employee under applicable wage and hour law and her base salary shall be compensation for all hours worked. City agrees that the amount of Stump's base annual salary shall not decrease, except as part of a permanent decrease that is consistent with the Fair Labor Standards Act and that is applicable to either all Council Appointed Officers or all City Executive Staff (which includes all Council Appointed Officers). SECTION 2. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. Attest: City of Palo Alto Approved as to form: Molly S. Stump Attachments: Item 10 Attachment A - Amendment No. 11 to the Employment Agreement between the City of Palo Alto and Molly Stump        Item 10: Staff Report Pg. 5  Packet Pg. 348 of 368  3 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MOLLY S. STUMP AMENDMENTS NO. ONE THROUGH NO. TENNINE. Item 10 Attachment A - Amendment No. 11 to the Employment Agreement between the City of Palo Alto and Molly Stump        Item 10: Staff Report Pg. 6  Packet Pg. 349 of 368  1 AMENDMENT NO. FIVEFOUR TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND EDWARD SHIKADA This AMENDMENT NO. FIVEFour to the EMPLOYMENT AGREEMENT (“Agreement”) is entered into on, December 11, 2023November 28, 2022 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“City”), and Edward Shikada (“Shikada”), an individual, located at 250 Hamilton Avenue 7th Floor, Palo Alto, CA. R E C I T A L S: WHEREAS, the original EMPLOYMENT AGREEMENT between the City and Shikada, attached hereto and incorporated herein as Exhibit “A” was entered between the parties for the services of City Manager on or about September 18, 2018; and WHEREAS, AMENDMENT NO. ONE to the Agreement, attached hereto and incorporated herein as Exhibit “B” was entered between the parties on or about December 16, 2019; and WHEREAS, AMENDMENT NO. TWO to the Agreement, attached hereto and incorporated herein as Exhibit “C” was entered between the parties on or about June 22, 2020; and WHEREAS, AMENDMENT NO. THREE to the Agreement, attached hereto and incorporated herein as Exhibit “D” was entered between the parties on or about December 13, 2021; and WHEREAS, AMENDMENT NO. Four to the Agreement, attached hereto and incorporated herein as Exhibit “E” was entered between the parties on or about November 28, 2022; and WHEREAS, the parties wish to amend the Agreement; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 4.1 of the Agreement, Initial Compensation, is hereby amended to read as follows: Item 10 Attachment B - Amendment No. 5 to the Employment Agreement between the City of Palo Alto and Edward Shikada        Item 10: Staff Report Pg. 7  Packet Pg. 350 of 368  2 4.1. Compensation. At the recommendation of the Palo Alto City Council Appointed Officers Committee (CAO) and consistent with annual merit practices, effective the first full pay period following July 1, 20232, Shikada will receive a base annual salary of Four Hundred Eight Thousand and Ninety SixThree Hundred eighty-one thousand three hundred and seventy-two dollars ($408,096381,372). This amount is subject to authorized or required deductions and withholding, prorated and paid on City’s regular paydays. Shikada is an exempt employee under applicable wage and hour law and his base salary shall be compensation for all hours worked. The City agrees that the amount of Shikada’s base annual salary will not decrease, except as part of the permanent decrease that is consistent with the Fair Labor Standards Act. SECTION 2. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST: CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: EDWARD SHIKADA City Attorney Attachments: EXHIBIT A: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND EDWARD SHIKADA EXHIBIT B: AMENDMENTS NO. ONE THROUGH NO. FOURTHREE TO SHIKADA EMPLOYMENT AGREEMENT Item 10 Attachment B - Amendment No. 5 to the Employment Agreement between the City of Palo Alto and Edward Shikada        Item 10: Staff Report Pg. 8  Packet Pg. 351 of 368  NOT YET APPROVED Resolution No. A Resolution of the City Council for the City of Palo Alto Amending Appointing Appointment Term for Mahealani Ah Yun as the Palo Alto Interim City Clerk. R E C I T A L S A. The Palo Alto City Charter specifies the duties and functions of the City Clerk for the City of Palo Alto; B. The Charter further specifies that the City Council shall appoint the City Clerk; C. The Council received notification that City Clerk Lesley Milton was resigning effective May 19, 2023; D. The Council approved the Council Appointed Officers Committee recommendation to direct staff to initiate an internal recruitment for interim City Clerk by posting position; E.The Council, on June 5, 2023, appointed Mahealani Ah Yun, as interim City Clerk for the City of Palo Alto for a term ending December 1, 2023 or upon completion of the formal executive recruitment; E.F.The executive recruitment is in progress, however not complete requiring an extension of the appointment term through March 31, 2023 or upon completion of the executive recruitment process. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Council hereby extends the appointment of Mahealani Ah Yun, as interim City Clerk for the City of Palo Alto; SECTION 2. Mahealani Ah Yun shall serve as interim City Clerk at the will of the Council as provided by the Charter, and shall further serve according to all of the terms and provisions of the Charter and the Municipal Code; and SECTION 3. This resolution shall be effective immediately. The appointment of Mahealani Ah Yun as interim City Clerk shall end on December March 31, 2023 2024 or on the completion of the formal executive recruitment, including any amendment, extension or termination approved by the Council, whichever is sooner. INTRODUCED AND PASSED: June 5, 2023 AYES:BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER Item 10 Attachment C - Amendment to Resolution Amending Appointment Term for Mahealani Ah Yun as the Palo Alto Interim City Clerk        Item 10: Staff Report Pg. 9  Packet Pg. 352 of 368  NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Assistant City Attorney City Manager Item 10 Attachment C - Amendment to Resolution Amending Appointment Term for Mahealani Ah Yun as the Palo Alto Interim City Clerk        Item 10: Staff Report Pg. 10  Packet Pg. 353 of 368  3 4 0 1 City Council Staff Report From: City Manager Report Type: INFORMATION REPORTS Lead Department: City Manager Meeting Date: December 11, 2023 Report #:2311-2276 TITLE Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project. RECOMMENDATION This is an informational report about the City’s use of surveillance technology in Palo Alto during the Fiscal Year 2023, and no City Council action is required. BACKGROUND In September 2019, Council adopted the Surveillance and Privacy Protection Ordinance establishing criteria and procedures for protection of personal privacy when considering the acquisition and use of surveillance technologies by the City.1 Codified in the Municipal Code at Chapter 2.30, Part 6A, the ordinance also outlines ongoing monitoring and annual reporting of such technologies. Annual reporting must include the following information pursuant to PAMC section 2.30.680(a): 1. A description of how each Council-approved surveillance technology was used, including whether it captured images, sound, or information regarding members of the public who are not suspected of engaging in unlawful conduct; 2. Whether and how often data acquired through the use of the surveillance technology was shared with outside entities, the name of any recipient entity, the types of data disclosed, and the reason for the disclosure; 3. A summary of any community complaints or concerns about the surveillance technology; 4. Non-privileged and non- confidential information regarding the results of any internal audits, information about violations of the surveillance use policy, and any actions taken in response; 1 City Council 9/10/2018, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2018/8834.pdf?t=63216.52 Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 1  Packet Pg. 354 of 368  3 4 0 1 5. Whether the surveillance technology has been effective at achieving its identified purpose; ANALYSIS eCitation Devices. On March 14, 2022, Council approved the acquisition of handheld electronic citation devices with Optical Character Recognition (OCR) technology for the purposes of traffic violation enforcement by police officers2. When in use, the cameras capture license plate images that are processed through OCR analysis to call up the vehicle make, and model information used to issue citation violations. The technology improves accuracy of information as well as eliminating the need for manual entry into the Records Management System (RMS). In FY 2023, the total contract and maintenance costs to the General Fund was $23,714. Fixed Automated License Plate Recognition (ALPR). On April 3, 2023, Council approved the contract with Flock Safety to implement fixed ALPR surveillance technology as well as approved a use policy for the new camera equipment3. ALPR technology uses a combination of cameras and computer software to scan the license plates of passing vehicles and other vehicle characteristics such as make, model, type, and color. The technology has the ability to provide real-time alerts when stolen or wanted vehicles enter an area and provides enhanced 2 City Council Meeting 3/14/2022, Agenda Item #9, PDF Page 113, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220314/20220314pccsm-amended-final-revised-ppt.pdf 3 City Council Meeting 4/3/2023, https://www.cityofpaloalto.org/files/assets/public/v/1/police- department/public-information-portal/alpr-staff-report-4-3-2023.pdf Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 2  Packet Pg. 355 of 368  3 4 0 1 investigative capabilities when a crime has already occurred. The contract cost in FY 2023 was $61,900 and was paid using General Fund money. 4, the information provided included: Automatic License Plate Recognition (ALPR) Parking Enforcement. In February 2021, Council approved the use of license plate recognition technology to be used for parking enforcement and permit management.5 ALPR technology captures images of license plates to identify vehicle information and track parking time. Traffic Data Collection Cameras. In April 2021, Council approved the use of video technology for traffic data collection6. The low-resolution video is used to collect bicycle, pedestrian, parking 4 Public Records Request for ALPR Data 11/6/2022 https://www.cityofpaloalto.org/files/assets/public/v/1/city- manager/misc/public-records-act-request-and-response-for-alpr-data.pdf 5 City Council Meeting 2/22/2021, https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2021/id-11492.pdf 6 City Council Meeting 4/5/2021, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2021/id-11985.pdf Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 3  Packet Pg. 356 of 368  3 4 0 1 occupancy and vehicular turning movement counts. Data collected is used to inform appropriate traffic control measures or roadway improvements, signal timings, pedestrian, and bicycle roadway improvements. It does not collect or retain audio, visual, location, nor other personally identifiable information of people or vehicles. •Any technology that collects information exclusively on or regarding City employees or contractors; •Any technology used as part of the Foothills Fire Early Warning System to detect fires within the following area: o West Side: Skyline Blvd (Hwy 35) from Route 84 (Woodside Rd/La Honda Rd.) to Hwy 9 o North Side: Route 84 from Skyline to Alameda de las Pulgas o East Side: Alameda de las Pulgas to Santa Cruz Ave to Junipero Serra Rd. to Foothill Expwy. o South Side: Draw a line from the intersection of Hwy 9 at Hwy 35 to the intersection of Foothill Expwy at Magdalena. Foothills Fire Safety Cameras. As part of the improvements to the Foothills Management Plan the Office of Emergency Services deployed several AlertWildfire cameras in the Foothills for early detection of wildfires as part of an interagency and countywide effort. Electric Station Perimeter Security Cameras. Following the recommendations of a commissioned security risk assessment of all the City’s electric substations, and supported by Federal regulation, the City installed perimeter lighting and cameras upgrades. The completed system consists of lighting poles installed at specific perimeter locations at the nine electric substations, with downward facing pendant light fixtures that have prismatic glass to reduce LED glare, intelligent foot-candle control for accurate lighting distribution where directed, dimming features to keep the foot candle level low unless a trespasser is sensed, and visors to limit light Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 4  Packet Pg. 357 of 368  3 4 0 1 pollution. Video cameras were also be mounted on the poles, with analytics added at the Utility Control Center that will allow for alarming, detection, and quick review of camera footage. Because the location of the substations and its cameras are only accessible to City employees and its contractors, it is considered exempt. STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS: APPROVED BY: Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 5  Packet Pg. 358 of 368  ATTACHMENT A ALPR data is shared with the below entities, pursuant to MOU, on an on-going basis. Data is shared for legitimate law enforcement investigative purposes if responsive to a specific query made by an entity relating to a specific criminal investigation. Campbell Police Department Capitola Police Department Carmel Police Department City of Dixon Police Department Colma Police Department East Palo Alto Police Department El Cerrito Police Department Fairfield Police Department Folsom Police Department Fremont Police Department Hillsborough Police Department Livermore Police Department Los Gatos Monte Sereno Police Department Menlo Park Police Department Milpitas Police Department Mountain View Police Department Oakley Police Department Pleasanton Police Department Redwood City Police Department San Jose Police Department San Mateo County Sheriff’s Office Santa Clara Police Department Seaside Police Department Solano County Sheriff’s Office Suisun City Police Department Union City Police Department Walnut Creek Police Department Watsonville Police Department Item 11 Attachment A - List of Agencies sharing Police ALPR data within MOU terms        Item 11: Staff Report Pg. 6  Packet Pg. 359 of 368  City Council Supplemental Report From: Mahealani Ah Yun, Interim City Clerk Meeting Date: December 11, 2023 Item Number: 1 Report #:2312-2323 TITLE Supplemental Memo - Approval of Minutes from November 27, 2023 Meeting RECOMMENDATION That the amended minutes be reviewed and approved. BACKGROUND The November 27, 2023 minutes were amended to reflect Council Member Veenker’s intention to recuse herself from the second reading of the Stanford University Medical Center (SUMC) Development Agreement (agenda item number 13). ATTACHMENTS Supplemental Attachment A: Amended November 27, 2023 Draft Action Minutes APPROVED BY: Mahealani Ah Yun, Interim City Clerk Item 1 Item 1 Supplemental Report        Item 1: Staff Report Pg. 1  Packet Pg. 360 of 368  CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting November 27, 2023 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: Absent: Special Orders of the Day 1. Presentation on 2023 Palo Alto Community Health Fair Gratitude & Better Health 2. Proclamation Honoring iSing’s Performance at the 2023 World Choir Games Closed Session 3. CONFERENCE WITH LABOR NEGOTIATORS Authority: Cal. Gov. Code section 54957.6; Agency representative: Jeremy Dennis, MRG; Unrepresented Employees: City Manager and City Attorney MOTION: Vice Mayor Stone moved, seconded by Mayor Kou to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:54 P.M. Council returned from Closed Session at 7:15 P.M. Mayor Kou announced no reportable action. Consent Calendar Mayor Kou registered a no vote on Agenda Item Number 14. Item 1 ​​Supplemental Attachment A - Amended November 27, 2023 Draft Action Minutes​        Item 1: Staff Report Pg. 2  Packet Pg. 361 of 368  DRAFT ACTION MINUTES Page 2 of 5 Sp. City Council Meeting Draft Action Minutes: 11/27/2023 Council Member Tanaka registered a no vote on Agenda Item Number 7, 8, 9, 13. Council Member Burt registered a no vote on Agenda Item Number 6. MOTION: Council Member Lythcott-Haims moved, seconded by Mayor Kou to approve Agenda Item Numbers 4-15. MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION PASSED ITEMS 4-5, 10-12, 15: 7-0 MOTION PASSED ITEM 6: 6-1, Burt no MOTION PASSED ITEMS 7, 8, 9: 6-1, Tanaka no MOTION PASSED ITEM 13: 6-1-1, Tanaka no, Veenker recused MOTION PASSED ITEM 14: 6-1, Kou no 4. Approval of Minutes from November 6, 2023 Meeting 5. Approval of Professional Services Contract Number C24185875 With Woodard & Curran in an Amount Not to Exceed $498,866 for the Sewer Master Plan Study Services for a Period of two Years 6. Adoption of a Resolution Approving a Consent and Direct Agreement With HA RNG 1 Lender LLC and Ameresco Half Moon Bay LLC Consenting to Ameresco Half Moon Bay LLC’s Assignment of its Rights in its 2005 Power Purchase Agreement With the City to HA RNG 1 Lender LLC , and Authorizing the City Manager or Designee to Execute any Documents Necessary to Administer Six Renewable Energy Power Purchase Agreements Approved From 2004-2010 in a Manner Consistent with the City Council‘s Prior Funding Authorization, the Palo Alto Municipal Code and City Council Approved Policies. CEQA Status – Not a Project under Public Resources Code 21065 7. Approval of Budget Amendments in the Residential Housing In-Lieu Fund and the General Fund to Reflect Prior City Council Funding Commitments for the Development of 525 East Charleston Road/Mitchell Park Place and Authorization of 525 East Charleston Road/Mitchell Park Place Loan Preparation and Execution 8. Approval of Amendment No. 5 to Contract No. C12142825 with NV5, Inc. to add $295,083, increasing the not-to-exceed amount to $2,176,406, for Right-of-Way Appraisal and Acquisition Support for the Newell Road/San Francisquito Creek Bridge Replacement Project, Capital Improvement Program Project PE-12011. CEQA: Environmental Impact Report for Newell Road/San Francisquito Creek Bridge (Resolution No.9889). Item 1 ​​Supplemental Attachment A - Amended November 27, 2023 Draft Action Minutes​        Item 1: Staff Report Pg. 3  Packet Pg. 362 of 368  DRAFT ACTION MINUTES Page 3 of 5 Sp. City Council Meeting Draft Action Minutes: 11/27/2023 9. Approval of a License Agreement with Equinix, LLC for a Three-Year Term in an Amount Not-to-Exceed $536,528, and Authorization of a Contingency Amount Not-To-Exceed $106,900 for Related, Additional but Unforeseen Services Which may Develop During the Project; CEQA Status - Not a Project 10. Approval of Amendment Number 2 of Six Development Services On-Call Consulting Contracts to Increase the Not-to-Exceed amount by $3.40 million for a Total Not to Exceed $9.75 Million Through December 2024 to Provide Expertise for Plan Review and Inspection Services With all Work Subject to Assigned Task Order and Availability of Funds; Environmental Assessment: Exempt in Accordance with CEQA Guidelines Section 15061(b)(3). 11. Approval of Two Sublease Agreements with Palo Alto Community Child Care and Kids Choice for an Initial 12-Month Term 12. Approval of Purchase Orders with WESCO (Representative of EATON/COOPER) and Anixter (Representative of S&C) to Purchase Dielectric Switches for Electric Grid Modernization in an Annual amount of $2,000,000 for Five Years for a Total-Not-to- Exceed Amount of $10,000,000 13. SECOND READING: Adoption of an Ordinance Amending the Stanford University Medical Center (SUMC) Development Agreement Adjusting the Timeline for Achieving the SUMC Alternative Mode Share Targets. Zoning District: HD (Hospital District). Environmental Review: Project is Consistent with the 2011 Certified Environmental Impact Report (EIR) for the SUMC Facilities Renewal and Replacement Project. (FIRST READING: October 23, 2023 PASSED 4-2-1, Lythcott-Haims and Tanaka No, Veenker Recused) 14. SECOND READING: Interim Ordinance Temporarily Continuing Expansion of Outdoor Dining Retail and Other Activities until December 31, 2024 (FIRST READING: November 7, 2023 PASSED 5-2, Kou, Veenker no) 15. SECOND READING: Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481 (FIRST READING: November 13, 2023 PASSED 7-0) Action Items 16. PUBLIC HEARING: Adoption of an Ordinance Amending the Palo Alto Municipal Code to Add Chapter 9.65 and Amend Chapter 9.72 to Establish a Mandatory Registry Program of Residential Rental Units in the City of Palo Alto; Provide Direction to Staff on the Rental Registry Program Implementation. CEQA Status – Exempt under CEQA Guidelines Section 15061(b)(3). MOTION: Vice Mayor Stone moved, seconded by Council Member Veenker to: Item 1 ​​Supplemental Attachment A - Amended November 27, 2023 Draft Action Minutes​        Item 1: Staff Report Pg. 4  Packet Pg. 363 of 368  DRAFT ACTION MINUTES Page 4 of 5 Sp. City Council Meeting Draft Action Minutes: 11/27/2023 1. Adopt an Ordinance (Attachment A) establishing a mandatory rental registry program that collects rental unit information for multifamily units and single-family rental units, enables cost recovery fees, and allows for enforcement. 2. Direct staff to commence with a phased implementation initially with multifamily housing (3-units and above), and return to Council to evaluate the potential expansion to all rental properties including single family homes at the end of year two. 3. Return to Council with a contract for professional services, authorization for one new full- time position in FY 2024-2025, and resolutions as detailed in the staff report. 4. Direct staff to survey existing enforcement mechanisms and Ghost House (extended vacancy) data collection in other jurisdictions and return to Council by end of calendar year 2024. 5. Amend Attachment A to include an event-based registration on unlawful detainers and rent increases. MOTION PASSED: 6-1, Tanaka no 17. Policy and Services Committee Recommendations for Changes to the City Council Procedures and Protocols Handbook based on Prior City Council Referrals Agenda Item 17 was deferred to a date to be determined. Adjournment: The meeting was adjourned at 10:57 P.M. Item 1 ​​Supplemental Attachment A - Amended November 27, 2023 Draft Action Minutes​        Item 1: Staff Report Pg. 5  Packet Pg. 364 of 368  DRAFT ACTION MINUTES Page 5 of 5 Sp. City Council Meeting Draft Action Minutes: 11/27/2023 ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Item 1 ​​Supplemental Attachment A - Amended November 27, 2023 Draft Action Minutes​        Item 1: Staff Report Pg. 6  Packet Pg. 365 of 368  City Council Supplemental Report From: Sandra Blanch, Human Resources Director Meeting Date: December 11, 2023 Item Number: 10 Report #:2312-2310 TITLE Supplemental Memo - Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status - Not a Project RECOMMENDATION This report provides supplemental information including a corrected Attachment C. No change to the staff recommendation in the agenda item staff report is included. DISCUSSION The posted staff report or Item 101 on the December 11, 2024 City Council agenda contained two typographical errors and this supplemental report corrects for those errors: •The effective date of the merit-based increases to the CAO annual salaries is effective July 1, 2023 (not 2022 as stated in the posted Staff Report.) •Attachment C also contained a typographical error. In F. the extension of the appointment term is through March 31, 2024 (not 2023 as previously stated.) A revision is attached with correction and supersedes the posted report. ATTACHMENTS Attachment C: Revised Amendment to Resolution Amending Appointment Term for Mahealani Ah Yun as the Palo Alto Interim City Clerk APPROVED BY: Sandra Blanch, Human Resources Director 1 City Council, December 11, 2024 Agenda Item #10, https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3568&meetingTemplateType=2&comp iledMeetingDocumentId=8578 Item 10 Item 10 Supplemental Report        Item 10: Staff Report Pg. 1  Packet Pg. 366 of 368  NOT YET APPROVED Resolution No. A Resolution of the City Council for the City of Palo Alto Amending Appointing Appointment Term for Mahealani Ah Yun as the Palo Alto Interim City Clerk. R E C I T A L S A. The Palo Alto City Charter specifies the duties and functions of the City Clerk for the City of Palo Alto; B. The Charter further specifies that the City Council shall appoint the City Clerk; C. The Council received notification that City Clerk Lesley Milton was resigning effective May 19, 2023; D. The Council approved the Council Appointed Officers Committee recommendation to direct staff to initiate an internal recruitment for interim City Clerk by posting position; E.The Council, on June 5, 2023, appointed Mahealani Ah Yun, as interim City Clerk for the City of Palo Alto for a term ending December 1, 2023 or upon completion of the formal executive recruitment; E.F.The executive recruitment is in progress, however not complete requiring an extension of the appointment term through March 31, 2024 or upon completion of the executive recruitment process. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Council hereby extends the appointment of Mahealani Ah Yun, as interim City Clerk for the City of Palo Alto; SECTION 2. Mahealani Ah Yun shall serve as interim City Clerk at the will of the Council as provided by the Charter, and shall further serve according to all of the terms and provisions of the Charter and the Municipal Code; and SECTION 3. This resolution shall be effective immediately. The appointment of Mahealani Ah Yun as interim City Clerk shall end on December March 31, 2023 2024 or on the completion of the formal executive recruitment, including any amendment, extension or termination approved by the Council, whichever is sooner. INTRODUCED AND PASSED: June 5, 2023 AYES:BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER Item 10 Supplemental Attachment C - Revised Amendment to Resolution Amending Appointment Term for Mahealani Ah Yun as the Palo Alto Interim City Clerk        Item 10: Staff Report Pg. 2  Packet Pg. 367 of 368  NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Assistant City Attorney City Manager Item 10 Supplemental Attachment C - Revised Amendment to Resolution Amending Appointment Term for Mahealani Ah Yun as the Palo Alto Interim City Clerk        Item 10: Staff Report Pg. 3  Packet Pg. 368 of 368