The URL can be used to link to this page

Home My WebLink About2021-04-14 Planning & transportation commission Agenda Packet_______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: April 14, 2021 Virtual Meeting 6:00 PM https://zoom.us/join Meeting ID: 958 9263 6758 Phone number: 1 669 900 6833 ****BY VIRTUAL TELECONFERENCE ONLY*** Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of COVID-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast live on Cable TV and through Channel 26 of the Midpen Media Center at https://midpenmedia.org/local-tv/watch-now/. Members of the public may comment by sending an email to planning.commission@cityofpaloalto.org or by attending the Zoom virtual meeting to give live comments. Instructions for the Zoom meeting can be found on the last page of this agenda. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Commission 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 / Roll Call Oral Communications The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2 Agenda Changes, Additions, and Deletions The Chair or Commission majority may modify the agenda order to improve meeting management. _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. City Official Reports 6:00 PM-6:15 PM 1. Directors Report, Meeting Schedule and Assignments Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Up to five (5) minutes per speaker.1,3 6:15 PM-8:15 PM 2. Renter Protection Policy Recommendations 8:15 PM-8:45 PM 3. Review the City Boards, Commissions, and Committees Handbook and Recommend Adjustments to Implement the Handbook’s Directions. Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 8:45 PM-8:50 PM 4. March 10, 2021 Draft PTC Meeting Minutes Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Palo Alto Planning & Transportation Commission Commissioner Biographies, Present and Archived Agendas and Reports are available online: http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are: Chair Bart Hechtman Vice Chair Giselle Roohparvar Commissioner Michael Alcheck Commissioner Bryna Chang Commissioner Ed Lauing Commissioner Doria Summa Commissioner Carolyn Templeton Get Informed and Be Engaged! View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel 26. Public comment is encouraged. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Material related to an item on this agenda submitted to the PTC after distribution of the agenda packet is available for public inspection at the address above. 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. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 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 planning.commission@CityofPaloAlto.org 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Board, click on the link below for the appropriate meeting to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in-browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You will be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an agenda item, click on “raise hand”. The moderator will activate and unmute attendees in turn. Speakers will be notified shortly before they are called to speak. The Zoom application will prompt you to unmute your microphone when it is your turn to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow instructions B-E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Board. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. https://zoom.us/join Meeting ID: 958 9263 6758 Phone number: 1 669 900 6833 (you may need to exclude the initial “1” depending on your phone service) Planning & Transportation Commission Staff Report (ID # 12200) Report Type: City Official Reports Meeting Date: 4/14/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: City Official Report Title: Directors Report, Meeting Schedule and Assignments From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) review and comment as appropriate. Background This document includes the following items: x PTC Meeting Schedule x PTC Representative to City Council (Rotational Assignments) x Tentative Future Agenda Commissioners are encouraged to contact Vinh Nguyen (Vinhloc.Nguyen@CityofPaloAlto.org) of any planned absences one month in advance, if possible, to ensure availability of a PTC quorum. PTC Representative to City Council is a rotational assignment where the designated commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi- judicial and legislative matters. Representatives are encouraged to review the City Council agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards- and-commissions/planning-and-transportation-commission. The Tentative Future Agenda provides a summary of upcoming projects or discussion items. Attachments: x Attachment A: March 31, 2021 PTC Meeting Schedule and Assignments (DOCX) 1 Packet Pg. 5 Planning & Transportation Commission 2021 Meeting Schedule & Assignments 2021 Schedule Meeting Dates Time Location Status Absences/Notes 1/13/2021 6:00 PM Virtual Meeting Regular 1/27/2021 6:00 PM Virtual Meeting Regular 2/10/2021 6:00 PM Virtual Meeting Regular Roohparvar 2/24/2021 6:00 PM Virtual Meeting Regular Roohparvar 3/10/2021 6:00 PM Virtual Meeting Regular 3/31/2021 6:00 PM Virtual Meeting Regular 4/14/2021 6:00 PM Virtual Meeting Regular 4/28/2021 6:00 PM Virtual Meeting Regular 5/12/2021 6:00 PM Virtual Meeting Regular 5/26/2021 6:00 PM Virtual Meeting Regular 6/9/2021 6:00 PM TBD Regular 6/30/2021 6:00 PM TBD Regular 7/14/2021 6:00 PM TBD Regular 7/28/2021 6:00 PM TBD Regular 8/11/2021 6:00 PM TBD Regular PAUSD Start Week 8/25/2021 6:00 PM TBD Regular 9/8/2021 6:00 PM TBD Regular 9/29/2021 6:00 PM TBD Regular 10/13/2021 6:00 PM TBD Regular 10/27/2021 6:00 PM TBD Regular 11/10/2021 6:00 PM TBD Regular 11/24/2021 6:00 PM Cancelled Cancelled Day Before Thanksgiving 12/8/2021 6:00 PM TBD Regular 12/29/2021 6:00 PM Cancelled Cancelled 2 Days Before NYE 2021 Assignments - Council Representation (primary/backup) January February March April May June Doria Summa Giselle Roohparvar Michael Alcheck Ed Lauing Cari Templeton Giselle Roohparvar Michael Alcheck Cari Templeton Bart Hechtman Giselle Roohparvar Doria Summa Bart Hechtman July August September October November December Bryna Chang Doria Summa Bart Hechtman Michael Alcheck Cari Templeton Ed Lauing Ed Lauing Michael Alcheck Bryna Chang Ed Lauing Bryna Chang Giselle Roohparvar 1.a Packet Pg. 6 x Review and Recommendation on Proposed 2022-2026 Capital Improvement Plan and Comprehensive Plan Compliance x University Avenue In-Lieu Parking Program x ADU Code Changes - Affordability Regulations Topics Packet Pg. 7 Planning & Transportation Commission 2021 Tentative Future Agenda The Following Items are Tentative and Subject to Change: Meeting Dates Topics April 28, 2021 x PTC Review of Objective Standards x Retail Recovery x 855 El Camino Real: Review of Zoning Code Text Amendment to Add a Health Retail Definition Upcoming items: 1.a Planning & Transportation Commission Staff Report (ID # 12157) Report Type: Action Items Meeting Date: 4/14/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Renter Protections Title: Renter Protection Policy Recommendations From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action: 1. Review and recommend to Council development and implementation of the following renter protection policies. Report Summary Staff has prepared a summary of existing and proposed renter protection policies for review and consideration, including recommendations for pursuit of select policies here in Palo Alto. The report also reviews existing local and state protections, both temporary and permanent, to offer a full picture of the current policy landscape. This picture allows the PTC to consider how the City can expand renter protections that best support the needs of Palo Altans. Following the PTC review, the recommendations and discussion will be forwarded to Council for consideration. Upon Council action, and pending Council direction, staff will draft ordinance(s) to codify any policies. These ordinances would return to the PTC for consideration and recommendation before being presented to the City Council. Background The City Council directed staff to research and propose policies and programs to protect and stabilize Palo Alto renters. In 2017, a Colleagues Memo1 highlighted the importance of protecting renters and continuing to update renter protections that would keep renters housed. The subsequent eviction of many renters when a downtown building converted to a hotel use, further heightened the need for renter protections, and led to Council action. Subsequent discussions and Colleagues Memo2 followed in 2018, emphasizing City Council’s 1 2017 Colleagues Memorandum: https://www.cityofpaloalto.org/civicax/filebank/documents/61406 2 2018 Colleagues Memorandum: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=65189.46&BlobID=66602 2 Packet Pg. 8 City of Palo Alto Planning & Development Services Department Page 2 desire to work on the issues of housing affordability and socio-economic diversity through renter protections. With the award of the Challenge Grant from the Partnership for the Bay’s Future, the City has been able to research who Palo Alto renters are and what renter protection policies would benefit all Palo Altans. Staff introduced some of these concepts to the PTC in September 2020 in a Study Session3 and the Human Relations Commission in February 2021. This report reflects the continuation of these discussions with specific policies proposed for consideration. Renter Profile This section provides a review of the renter profile. For more detail, please see the September PTC study session report. Palo Alto Renters and the Rental Housing Stock This section provides a profile of Palo Alto renters and rental housing inventory. The City aims to center the policy discussion around the community directly impacted by the proposed policies. According to American Community Survey data4 there are 11,764 rental units in Palo Alto, which comprises 46% of the existing housing stock in Palo Alto. Table 1 and Figure 1 provide graphic interpretation of the data. Table 1: Palo Alto Rental Housing Stock by Type Single Family Detached Single Family Attached Duplex Triplex and Fourplex Small Apartment (5 to 9 units) Medium Size Apartment (10 to 19 units) Medium Size Apartment (20 to 49 units) Large Apartment Complex (50+ units) Total Number of Units 3,234 489 294 1,002 1,362 1,228 1,579 2,576 11,764 % of Total Units 27.49% 4.16% 2.50% 8.52% 11.58% 10.44% 13.42% 21.90% 100.00% Source: American Community Survey 3 PTC Staff Report, 09/30/2020: https://www.cityofpaloalto.org/civicax/filebank/documents/78563 4 ACS Data: https://data.census.gov/cedsci/table?q=tenure%20by%20income%20palo%20alto,%20ca&t=Income%20%28Hous eholds,%20Families,%20Individuals%29%3AOwner%2FRenter%20%28Tenure%29&g=0400000US06_1600000US06 55282&tid=ACSST5Y2018.S2503 2 Packet Pg. 9 City of Palo Alto Planning & Development Services Department Page 3 Figure 1: Rental Housing Units in Palo Alto by Building Type Of the 11,764 rental units in Palo Alto, approximately 1,696 are deed restricted affordable housing units. This is equivalent to 14% of the rental units, which means that 86% of the rental units are market rate units. According to RentCafe.com5, the average rent across all unit types in Palo Alto was down 11% from 2020 and is currently $2,940 when averaged across all unit types. Household incomes for renter households span a large range and can be seen in Figure 2. Of note, is that 27% of renter households are making less than $50,000 a year. 5 https://www.rentcafe.com/average-rent-market-trends/us/ca/santa-clara-county/palo-alto/ 2 Packet Pg. 10 City of Palo Alto Planning & Development Services Department Page 4 27% 19% 13% 39% 01020304050 LESS THAN $50,000 $50,000 - $100,000 $100,000- $150,000 $150,000+ % of Renter Households Source: American Community Survey Figure 2: Renter Households by Income Tier The more rent burdened a household is the more financially insecure, and therefore at risk for evictions. Table 2 shows the percentage of renter households that are rent burdened in Palo Alto. Rent burdened is defined as a household paying more than 30% of its gross income on housing. As shown in Table 2, a greater proportion of low-income households are cost burdened. While overall only about 37% of renter households are cost burdened, a super majority of each income group below $74,999 is cost burdened. Table 2: Renter Household Units Within Income Tiers6 Income Level Number of Units Percent of Total Renter Units Cost Burdened Units Percent of Cost Burdened Units in Income Tier Less than $20,000 1,344 11.4% 1,135 84.45% $20,000 to $34,999 752 6.4% 672 89.36% $35,000 to $49,999 600 5.1% 449 74.83% $50,000 to $74,999 1,319 11.2% 968 73.39% $75,000 or more 6,958 59.1% 1,185 17.03% Zero or Negative Income 369 3.1% No Cash Rent 422 3.8% TOTAL UNITS 11,764 100% 4,409 37.48% 6 Source: American Community Survey Denotes More than 50% of Units are Cost Burdened Denotes Less than 50% of Units are Cost Burdened 2 Packet Pg. 11 City of Palo Alto Planning & Development Services Department Page 5 Discussion This section describes the protections currently applicable to Palo Alto renters and outlines a variety of different policy opportunities that Palo Alto can pursue to create greater stability for its renters. Palo Alto seeks to be a community of opportunity for all. Council and the community are especially seeking ways to support low-income households that are essential to the community. The Partnership for the Bay’s Future, of which Palo Alto is a part of through the Challenge Grant program, recommends a three-prong approach to ensuring that all can thrive in the Bay Area. Producing more affordable housing is one prong; developing more deed-restricted units that are available to lower-income families. Preserving existing affordable housing is the second prong. This can be done by ensuring covenants do not expire, keeping the homes in good repair, and ensuring households have needed subsidies. The final prong is providing protection for renters so that they are not displaced from the communities in which they live. Over the last few decades, lower-income households have been priced out of core Bay Area communities. Moving farther away, these persons can face long commutes, are disconnected from community networks and resources. Likewise, local communities suffer from lack of diversity; local businesses cannot find and retain workers. A significant percentage of Palo Alto lower-income households are rent-burdened; they are more likely to have to choose between paying rent over food or medical needs. When tenants consistently make these choices, the community suffers. In this context, cities can pursue public policies that increase renter stability. By increasing tenant protections for the most vulnerable households, those battling financial instability, the City creates greater opportunity for community stability. Existing Renter Protections Some local and state renter protections currently exist and serve as the foundation for proposed enhancements. The following are permanent protections currently in place in Palo Alto. x One-Year Lease Requirement - The one-year lease requirement has been in place since 1981 and requires a landlord to offer a tenant a lease with a minimum term of one year in writing (Palo Alto Municipal Code (PAMC) Chapter 9.68). x Mediation Program - The Palo Alto Mediation Program has been in place since 2002 and requires landlords and tenants to participate in the conciliation and mediation of rental housing disputes (PAMC Chapter 9.72). x Tenant Relocation Assistance - Tenant Relocation Assistance is a more recent protection, passed in 2018, for tenants in properties with 50+ units that are part of a no- 2 Packet Pg. 12 City of Palo Alto Planning & Development Services Department Page 6 fault eviction (PAMC Chapter 9.68). The required assistance includes a flat fee for tenants being evicted, based on the unit size. Due to the COVID-19 pandemic and associated economic disruptions, there are also several temporary protections that apply to renters. The following renter protections apply: x AB14827 (Tenant Protection Act of 2019) - AB1482 requires a landlord to have a “just cause” to terminate a tenancy and caps annual rent increases at 5% plus the local rate of inflation. This legislation will expire on January 1, 2030. x SB3308 (The Housing Crisis Act of 2019) - SB330 predominantly concerns streamlining the housing development process. In addition, there are tenant relocation benefits and right of first refusal tenant protections in the law. This legislation will expire on January 1, 2025. x SB3088ÆÆ SB919 (COVID-19 Relief Act) - SB91, which began as SB3088, became effective in January 2021. It extends the statewide eviction moratorium and includes rental assistance details. Of note is that while the eviction moratorium was extended, tenants must pay at least 25% of rent to be covered. Tenants must also respond to notices to pay rent with a Declaration of COVID-19 Related Financial Distress within 15 days to be covered under the state’s eviction moratorium. This bill will expire on June 30, 2021, unless extended by the legislature. x Palo Alto Eviction Moratorium10 - The eviction moratorium prevents renter households impacted by COVID-19 from being evicted, but any amount of rent owed must be paid to the landlord within an agreed upon timeframe. The state’s eviction moratorium supersedes this local program, which is currently proposed to expire on June 30, 2021 but may be extended. If the state moratorium ends and the City’s state of emergency has not ended, then this will be active and applicable. Potential Renter Protection Policies While protections do exist at both the state and local level, additional protections could give the renter community a greater sense of stability. Staff analyzed nine renter protection policies, listed below. The following analyses explain each policy and its applicability to Palo Alto. Two policies discussed below were determined to be not feasible or not imperative for Palo Alto, but discussed. See Table 3 for a breakdown of the policies staff analyzed, their impacts, and potential next steps. 7 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1482 8 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB330 9 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB91 10 https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=53342.14&BlobID=76045 2 Packet Pg. 13 City of Palo Alto Planning & Development Services Department Page 7 Table 3: Summary of Analyzed Policies and Next Steps Policy Brief Description Impact to Tenants Next Steps to Enact 1 Rental Survey Program Annual survey gathering data on all rental housing units. Would provide data on rental units of all kinds, creating a foundation for future policy and implementing current policy. City would establish a fee to support the cost of administering the survey and analyzing results. A penalty for non-compliance could be levied. 2 Expand Tenant Relocation Assistance Apply existing tenant relocation assistance framework to more rental units. If the policy is expanded to more units, more tenants have assistance if they are forced to leave through a no-fault eviction. City would establish the ordinance and notify all of its existence. If a landlord does not comply, the tenant must pursue the matter civilly. 3 Eviction Reduction Program Expand existing state legislation to include more households protected by rules regarding when tenants can be evicted. If the policy is expanded, more tenants will be covered by a framework that outlines what constitutes a fair eviction. City would establish the ordinance and educate all about their rights and roles. Programmatic design should decide if penalties will apply to those found at fault. 4 Rent Stabilization Expand existing state legislation regarding a rent cap to include more households More tenants will be protected through limitations on rent increases through an expansion of eligibility. City would draft a local ordinance to cover the gap in state law and research how to pursue complaints filed. 5 Security Deposit Limit Limit amount that can be charged for security deposits. Helps lessen the size of obstacles to entry for low-income households. City would establish the ordinance and notify all its existence. If a landlord does not comply, the tenant must pursue the matter civilly. 6 Fair Chance Ordinance Eliminates ability to ask applicants about criminal history. This ordinance will create more stability for Black and brown households disproportionately impacted by incarceration. Examine successes of other municipalities to decide how to prohibit landlords from asking about criminal history. 7 Support Right to Counsel Provides tenants with legal assistance in housing-related cases. Tenants experiencing housing instability will feel more empowered Identify ways to support the proposed Santa Clara County 2 Packet Pg. 14 City of Palo Alto Planning & Development Services Department Page 8 and potentially stay housed more often. Housing Court and AB1487. 8 Tenant/Community Opportunity to Purchase Act (TOPA/COPA) Notifies tenants of an opportunity to buy a property before selling to other parties. Tenants at risk of being displaced through the sale of a building are provided with another option to stay in their home. None Recommended 9 Proactive Rental Inspection Commits code enforcement officers to routinely inspecting rental housing inventory. Tenants protected from living in substandard housing. None Recommended Policy Implementation & Enforcement All of the policy proposals raise questions of implementation and enforcement. The City must decide how to implement and enforce any proposed ordinances. In its 2018 motion, Council directed staff to review and consider “strengthened enforcement measures to ensure compliance with and penalties for violations of Palo Alto’s existing requirement to offer an annual lease to tenants.” The options for implementation and enforcement can be summarized as follows: Active Implementation and Enforcement – The City could fund staff or consultants to proactively administer programs and ensure compliance with local ordinances; in cases of non- compliance, fines would be levied. An example of this type of implementation and enforcement would be the Rental Survey program. City staff would correspond with all landlords, requesting them to complete the annual survey, and charging the appropriate fees, and levying fines against landlords who did not comply. Active Education and Private Enforcement - In response to other policies, the City may implement the ordinance by noticing passage of the ordinance, conducting pro-active and regular tenant and landlord education, and providing good materials on the City’s website. Alleged violations of the ordinance, however, would be left to private enforcement; this may include referral under the City’s mediation program or the parties may need seek redress from the court system. For example, if the City lowered the amount a landlord can charge for a security deposit, the City would conduct outreach in advance of the ordinance taking effect. If, however, a tenant faced a landlord willfully violating that ordinance, the matter could be addressed during mediation or as a civil matter through the court system. Ideally, through advance education, the landlord would understand the action is unlawful and not pursue it. Of course, that will not always be the case. Build Resources to Support Active Implementation and Enforcement - The City may want to assemble greater resources to respond to complaints of violation of local ordinances. Such resources could be financially supported by fees charged to rental property owners that cover the cost implementing and enforcing the City’s tenant protection ordinances. While the City 2 Packet Pg. 15 City of Palo Alto Planning & Development Services Department Page 9 may wish to pursue this, due to the pandemic, the recession, and budgetary challenges, this enforcement program may need to be built up over time. Staff has explored enforcement models in other cities. Some have staff dedicated to the enforcement of rental ordinances, others have oversight bodies established (such as a board or commission), and some offer both staff and oversight bodies. If the City wants to ensure compliance with laws, this type of program could be developed, funded, and appropriately staffed. For illustrative purposes, the City of Mountain View’s program began with a $115 per unit fee to fund four positions, one of which is focused on their rental survey program. Mountain View’s program, however, includes the survey as well as other enforcement activities related to additional rent stabilization policies. Phasing The proposed policies can and should be phased in over time. While staff recommend development of a series of ordinances, staff also recommend phasing their passage. Each ordinance will require additional research and greater specificity than provided at this time. In addition, adequate time for outreach and for education once passed is needed for each ordinance. At this time, staff seek conceptual feedback and direction on this package of policies. This package then forms part of the work plan for the City’s Planning and Development Services staff. Policy Analysis 1. Rental Survey Program – Staff recommends implementation of an annual Rental Housing Survey, as envisioned in PAMC Section 9.72.050. The City established a basic rental property registration (Rental Survey) in 2002 that is cited in PAMC Section 9.72.050.11 As stated in the code, the registry would collect basic information about the owner and contact information. While the Office of Human Services managed the program until about 2014, it had only minimal participation by property owners. 11 9.72.050 Property registration. (a) The landlord of each residential rental property within the city shall register the unit or units with the city, regardless of whether the residential rental property is listed in Section 9.72.030. The registration shall include the name and mailing address of the owner or owners of the property, as well as the name, mailing address and contact telephone number of the person having the legal authority to effectively resolve disputes arising under this chapter. (b) For the sole purpose of reimbursing the city of Palo Alto for the reasonable costs of maintaining property registration records and related administrative systems, the owner or manager of each residential rental unit to which this chapter applies shall pay a fee in an amount to be set by the Palo Alto city council. 2 Packet Pg. 16 City of Palo Alto Planning & Development Services Department Page 10 Staff propose an expanded annual Rental Survey program. In addition to the information outlined in the PAMC, staff recommends the survey also collect rental rates, rent increases, evictions filed on the property, the size of the unit, and the length of the current tenancy. Through this program the City can better understand the profile of local renters, and not rely only on large data sets from the federal government. Implementing a more robust Rental Survey program would provide the foundation for enacting other rental protection measures. The Rental Survey could track different data points that the City determines relevant. The City can also observe trends and identify areas of challenge where policy intervention may be needed. Furthermore, if the City decided to enforce local regulations more actively, the Rental Survey could provide valuable information to aid enforcement staff. A relevant example that illustrates the possibilities of a rental survey program is with the state enacted measure AB1482 that establishes eviction limitations and a rent cap. Currently, without a survey program, the City cannot determine if landlords are in compliance with AB1482; there is no year-after-year data to reference. This is just one example of how the Rental Survey could be used. Through regular and consistent analysis of the data combined with outreach to stakeholders, the City can use the Rental Survey to implement programs, ensure compliance, and develop new policies and programs to serve the community’s needs. Ideally, the Rental Survey would impact both landlords and tenants positively. The City can be an honest broker of data that is available to the tenants and landlords alike. Through this information, tenant and/or landlord groups can propose new policies and or improvements. Landlords may be required to pay an annual fee, which increases their costs. Fees for these programs in most cities are minor, though could accumulate for large property owners. Some landlords, and some tenants, may be concerned about disclosing certain information publicly. The City would want to take care in collecting and distributing data, to balance the needs for gathering and providing data to the public with privacy needs. Implementation of the Rental Survey Program is expected to impact all Palo Alto renters, as units of all kinds are subject to registry—from single family homes and ADUs to large apartment complexes. 2. Expand Tenant Relocation Assistance –Staff seeks PTC recommendation if the Relocation Assistance requirement should expand to apply to projects of 3, 5, or 10+ units. In 2018, the City established requirements for Tenant Relocation Assistance for no-fault evictions (PAMC Section 9.68.03512). For historical information regarding the passage of the ordinance, please see the 2018 report13 from the City Attorney’s Office. Tenant Relocation 12 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-55262 13 https://www.cityofpaloalto.org/civicax/filebank/documents/66507 2 Packet Pg. 17 City of Palo Alto Planning & Development Services Department Page 11 Assistance (TRA) is currently applicable to properties that contain 50 or more rental units that are being demolished or significantly remodeled. The amount of assistance is as follows: Unit Type Assistance Amount 0 bedrooms $7,000 1 bedroom $9,000 2 bedrooms $13,000 3 or more bedrooms $17,000 Properties with 50 or more rental units equates to 22% of the rental housing units in Palo Alto, leaving the majority of renter households in the City disqualified for assistance. Outside of the Hotel President, there has not been another instance of a large rental property triggering the TRA. With the City’s anticipated Regional Housing Needs Assessment (RHNA) target of over 6,000 homes, more redevelopment is likely. To the extent redevelopment occurs on occupied housing units, it could cause some difficulty for tenants. To further the TRA protections and assist more residents having to relocate, the City can lower the number of units/property threshold from 50. The three options below can be considered for implementation, each one expands the TRA protections above what is in place today: a. Three Units or More - Lowering the number of units in a property to three means 66% of the rental housing stock would be covered by TRA. The three-unit threshold has significance for the unit count for local Planning and Zoning purposes, as the City defines a multi-family property as one with three units or more. This is the threshold for when Below Market Rate requirements are triggered. b. Five Units or More - Amending the number to five units per property means that 57% of the housing stock is covered. This is the point that properties are considered “residential”, and loans are made based on the profitability of the property’s operations. c. 10 Units or More - Changing the number to 10 units per property means 45% of the rental housing stock is covered. This threshold includes medium and large apartment properties. Please note, in the 2018 Colleagues Memorandum, Council specifically identified five or more units as a potential starting place for expansion of the TRA. A drawback to lowering the TRA threshold would be an extra cost to developers and landlords in Palo Alto. Some may reconsider redevelopment of existing residential properties in Palo Alto. The program would help any displaced tenants relocate, helping with moving expenses, security deposits, and other costs. Depending on their income, the displaced household may not be able to relocate in Palo Alto. It should be noted, under SB 330, tenants displaced from 2 Packet Pg. 18 City of Palo Alto Planning & Development Services Department Page 12 their housing for the construction of new housing, do have some rights to return. The rental rates, however, may increase if they return to the redeveloped project. 3. Eviction Reduction Program - Staff recommend extending framework for fair evictions to certain housing units not protected by the statewide renter protection law (AB1482). Preventing eviction is a key to protecting tenants. According to a recent Shelterforce article14, “the cascading effects of evictions often lead to homelessness” and the current moment is one in which homelessness is a serious public health and budgetary concern. In addition to being disruptive for households and families, evictions are disruptive and costly to the entire community. For a visual representation of how deeply evictions can impact cities, please see Figure 3 from the Urban Institute15. With the passage of AB1482, the State legislation recognized the importance of curbing the number of evictions in California and outlined reasons for when a landlord could or could not evict a tenant. These reasons are referred to as “just cause” protections and are broken up into two groups, “at-fault” and “no-fault” evictions. The 11 “at-fault” reasons and four “no-fault” reasons can be found in Attachment A, as well as in the full text of the bill here16. It should be noted that, while AB1482 provides some protections for tenants until 2030 when the bill sunsets, not all tenants are protected. The following rental units are not covered: a. Rental units in properties built within the last 15 years b. Rental units occupied by renters that moved in less than a year ago c. Single family homes that are not owned by a corporation d. Renters who live in a duplex and the other unit is owner-occupied Providing regulations that both a landlord and tenant can operate within reduces costly evictions and community upheaval. AB1482 provides clear requirements and gives tenants peace of mind without asking for much in terms of compromises on the part of property owners. But, as noted above, there are some tenants that do not have the same security as others. The passage of a local ordinance could expand protections to tenants overlooked by state law but may result in additional challenges for the property owners. This can include incurring further costs, which is difficult to imagine in this current economic time. However, Palo Altans have indicated their desire for greater equity in their community and this is one way in which that could be better achieved. To further reduce no-fault evictions, the City can adopt an ordinance to have the existing, temporary, measures cited in AB1482 cover the gaps stated above. Specifically, staff suggest 14 https://shelterforce.org/2020/07/24/what-happens-if-23-million-renters-are- evicted/#:~:text=The%20cascading%20effects%20of%20eviction%20often%20leads%20to%20homelessness.&text =That's%20more%20than%2010%20times,2019%20Point%20in%20Time%20count. 15 https://www.urban.org/sites/default/files/publication/101309/cost-eviction-san-francisco.pdf 16 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1482 2 Packet Pg. 19 City of Palo Alto Planning & Development Services Department Page 13 considering having the provisions apply to properties built in the last 15 years and to renters who have lived in a unit less than one year. The passage of either or both solutions requires drafting a new ordinance that supplements state law. 4. Rent Stabilization – Staff recommends extending rent increase limits to certain housing units not protected by the statewide rent stabilization law (AB1482). California has a statewide cap on how much rents can increase from year to year. This cap was passed as part of AB1482. The law states that rent cannot increase more than 5% plus inflation annually which must be less than a 10% increase. For context, an allowable increase could be between $147 and $294 on the average rent of $2,940. This policy stabilizes the rent for households of all incomes. Policylink’s 2019 Report entitled Our Homes, Our Future17 claimed that price control “…increases the housing stability of tenants while decreasing the risk of displacement, eviction, and frequent moves.” Given the number of Palo Alto residents that are rent burdened, the risk of displacement and eviction is high. The rent stabilization applies to most rental units in Palo Alto. The controls do not apply to: a. Rental units in properties built within the last 15 years b. Rental units occupied by renters that moved in less than a year ago c. Single family homes that are not owned by a corporation d. Renters who live in a duplex and the other unit is owner-occupied The gaps mean that these households will not benefit from the stabilization policy. Given the statewide stabilization in effect until 2030, and the considerable effort required to establish local rent stabilization policies, staff recommend not pursuing a Palo Alto rent stabilization policy. By pursuing some of the other policy recommendations, especially the Rental Survey, the City can obtain more data overtime which can be used to assess the need for stabilization. Staff recommends the City revisit establishing local rent stabilization program in the future. Staff does recommend focusing on closing the gaps in coverage of AB1482. As discussed, the caps on rent increases do not cover specific unit types and tenants. Staff recommend developing a local ordinance that would essentially extend the protections in AB1482. The PTC may wish to recommend that all gaps be closed, or that certain gaps be closed. The following outlines the pros and cons of extending AB1482 rent increase caps to the different unit types. x Rental units in properties built within the last 15 years – Some argue that the development pipeline of new housing units could be slowed if new housing units are subject to the rent increase cap. The cap, however, does not prevent new housing rental rates from being set at market rates and increasing each year. To the degree that a cap could harm new housing development, the City should be cautious. More research with 17 https://www.policylink.org/sites/default/files/OurHomesOurFuture_Web_08-02-19.pdf 2 Packet Pg. 20 City of Palo Alto Planning & Development Services Department Page 14 the local development community would be conducted if the PTC and Council support expanding rent cap increases to these units. x Rental units occupied by renters that moved in less than a year ago – Some argue that AB1482 not applying within the first year provides an opportunity for the property owner and the tenant to see if they are a good fit. Under AB1482, a tenant can still be evicted for breaching the lease; so theoretically, if the tenant is violating the terms of the lease, the landlord can pursue eviction. Likewise, the rent can be set at market rates and increase annually, with limits. It’s difficult to see a strong downside to extending rent increase protection to these tenants. x Single family homes that are not owned by a corporation – This exception assumes that many single-family homes being rented are “mom and pop” operations; an owner who is not using real estate as their primary income. They are assumed to be small in scale (the number of units owned is small) and less sophisticated than corporations or other business enterprises. Perhaps it’s a person who owned a home, bought a new home, and decided to rent their previous home. There can be merit to not burdening these landlords with more rules and diminishing their flexibility. In Palo Alto, however, 27% of rental units are single family homes. More research would be needed to detail ownership by individuals vs. corporations. If rented single family homes are not subject to a rent cap increase, a number of Palo Alto renters will continue to face rent increases of any amount. x Renters who live in a duplex and the other unit is owner-occupied – Similar to the above topic, these units were carved out of AB1482 in order to provide owner occupants with more flexibility in who lives next door. The close proximity of the landlord and tenant may present a special case where such flexibility is warranted. It could be argued that this also applies to ADUs, that is properties with a primary home and a detached or attached ADU. The PTC may wish to have the rent cap increase limit apply to these units or continue to exempt them from the policy. 5. Security Deposit Limit- Staff recommends limiting security deposits to 1.5x the rent. Limiting the amount a landlord can charge for a security deposit is an effective way to easily lower the cost of entry for households. High security deposits can be a significant obstacle for lower-income renter households. California Civil Code 1940.5 and 1950.518 state that a landlord cannot charge more than two times the rent for an unfurnished unit and three times the rent for a furnished unit as a security deposit. Two times the average Palo Alto rent ($2,940), on top of the first month’s rent is $8,820 just to be able to rent an average unit in Palo Alto. This amount is unattainable for many households. 18https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&ch apter=2.&article= 2 Packet Pg. 21 City of Palo Alto Planning & Development Services Department Page 15 While there are many high-income households in Palo Alto, a security deposit limit would significantly impact many low-income renter households. As has been shown repeatedly, low- income renter households are disproportionately people of color and this could help provide some protection and stability for those households, as well as help the City meet their racial equity goals. Returning to the example, limiting the security deposit to 1.5x the rent would reduce the required deposit from $5,880 to $4,410 for the average unfinished unit. While no similar legislation is being explored in other Bay Area jurisdictions that staff is aware of, many states have laws that cap security deposits at one month’s rent. 6. Fair Chance Ordinance - Staff recommends limiting a landlords ability to inquire about an applicant’s criminal history. Staff seek PTC recommendation regarding when in the lease-up process inquiries would be acceptable. Fair Chance ordinances prohibit landlords from having criminal history be a part of the marketing, application, lease up, or vacating process. Fair Chance ordinances are gaining in popularity regionally, having passed in San Francisco, Oakland and Berkeley within the past few years. The Just Cities’ Policy Comparison Chart19 (Attachment B) shows that Oakland and Berkeley have recently passed Fair Chance Ordinances that basically do not allow a landlord to discriminate against a tenant based on their criminal history. To see some of the most frequently asked questions addressed regarding Fair Chance, please see this page by the Fair Chance Housing Coalition20. The City is committed to pursuing racial equity and ensuring renter protection policies advance racial equity. Considering that incarceration disproportionately impacts members of the Black, Indigenous, People of Color (BIPOC) community, a Fair Chance ordinance where landlords cannot screen for a criminal background could help address racial equity goals and renter protection goals. As is seen in Attachment B, there are several different places in the rental process where discrimination against formerly incarcerated individuals occurs. Passing a fair chance ordinance does not mean that a landlord cannot make choices about who to offer housing to but simply requires reviewing each applicant and can be customized to best suit the community. For example, Berkeley and Oakland exempt single family homes and allow for specific background checks like the State’s Lifetime Sex Offender list. Likewise, some communities “ban the box” on the initial application, but allow checks after a tenant passes initial screening. The topic of previous incarceration and/or a tenant’s criminal history is a sensitive one. As landlords and property managers are risk averse, removing access to this information could 19https://static1.squarespace.com/static/5d3a3edf4508ff00014b406f/t/5fd168448ba64b78df48a6f7/1607559237 612/JustCities_FCH_PolicyComparisonChart.pdf 20 https://fairchance4all.org/faq 2 Packet Pg. 22 City of Palo Alto Planning & Development Services Department Page 16 prove to be a contentious subject. However, the assumption that past behavior can invariably predict future behavior can perpetuate discriminatory behavior. 7. Right to Counsel - Staff recommends that the City (1) endorse the concept of Right to Counsel, (2) advocate to the County—to the Courts and Supervisor—that an eviction court be established, and (3) support legislative efforts to fund Right to Counsel (AB1487). Across the nation, there are efforts to provide tenants facing eviction with legal assistance or representation. Efforts are underway in smaller cities like Toledo, Ohio, and larger cities like San Francisco. Right to Counsel is a powerful tool in leveling the playing field when it comes to a tenant’s housing situation. A 2015 report from the Permanent Commission on Access to Justice21 found that 98% of tenants attempting to address any legal issues regarding their housing had no legal representation whatsoever. According to a 2019 article published by the Center for American Progress22, “[w]ithout representation, the majority of tenants lose their cases and ultimately face evictions.” Circumstances have become increasingly more difficult for many tenants since 2019 and now lawyers are deeply concerned about what will occur once eviction moratoria expire. The National Housing Law Project23 said 85 out of 100 legal aid and civil rights attorneys surveyed across 38 states believed that a dramatic surge in eviction cases would occur and they had no idea how they would deal with them. Essentially, Right to Counsel guarantees tenants legal representation and ensures a more level playing field when discussing the potential loss of a tenant’s home. The establishment of a local Right to Counsel program would be cost prohibitive for the City. The Center for American Progress wrote about San Francisco’s No Eviction Without Representation Act that resulted in the allotment of $5.8 million by Mayor Breed to start up these efforts. In the same report, Newark, NJ, expected that annual costs for serving renters within 200% of the poverty limit would be approximately one million dollars. A new approach to this service is being developed by the City of San Jose and Santa Clara County. They have been working in partnership to establish a Housing Court that could provide renters with a trained legal advocate. A collaborative approach could be a workable solution to provide needed legal services. Also, AB1487 is currently under discussion in the state legislature as an effort to establish a funding source for jurisdictions looking to pursue the creation of a Right to Counsel program. 8. Tenant or Community Opportunity to Purchase Act (TOPA/COPA) - Staff does not recommend this policy at this time. 21 http://ww2.nycourts.gov/sites/default/files/document/files/2018-04/2015_Access_to_Justice-Report-V5.pdf 22 https://www.americanprogress.org/issues/poverty/reports/2019/10/02/475263/right-counsel-right-fighting- chance/ 23 https://www.nhlp.org/wp-content/uploads/Evictions-Survey-Results-2020.pdf 2 Packet Pg. 23 City of Palo Alto Planning & Development Services Department Page 17 Tenant Opportunity to Purchase Act (TOPA) and Community Opportunity to Purchase Act (COPA) are both programs that provide the tenant within multifamily rental housing properties advance notice that the landlord is trying to sell the building, helping the community combat displacement. Advance notice is given to those tenants so that they can pool resources and purchase the building from the property owner instead of having the property owner put the building on the open market. TOPA/COPA ordinances are being explored by several neighboring jurisdictions as a means of stabilizing the community. However, because large amounts of capital are needed to implement TOPA/COPA programs, and the Palo Alto land prices are high, staff does not recommend that the City pursue a TOPA or COPA ordinance at this time. 9. Proactive Rental Inspection Program - Staff does not recommend this policy at this time. Proactive Rental Inspection Programs are another powerful renter protection tool being explored by neighboring jurisdictions. A proactive rental inspection program would mean that inspectors were routinely visiting the entire rental housing inventory to make sure that the units were safe and legal. Traditionally, Proactive Rental Inspection Programs have the most impact in jurisdictions where rental housing units may not be in the best condition. Given the City’s ability to use the building code enforcement process to address building deficiencies, staff does not recommend pursuing this as a renter protection at this time. Instead, staff recommends ensuring that tenants are aware of how they can report code violations to the City if their landlords are not responsive. Stakeholder Outreach Staff conducted outreach with the Palo Alto renter population in a variety of different settings. Palo Alto PDS staff acted as a liaison in conversations with the Palo Alto Renter Association (PARA), created a series of webinars to engage the public and educate them about laws that applied specifically to the renter population. Staff also created a series of webinars in partnership with local providers in order to decrease the barriers to access, showing renters who to reach out to in times of need. Ultimately, all of these webinars and information will be cataloged in a Renter Resource Portal that lives on the City's newly launched website. In advance of meeting with City Council, staff plans to meet with property owners, both market rate and below market rate, and tenants to gather feedback on the proposed policies. While centering the needs of the most vulnerable is essential, staff wants to engage with all stakeholders in the policy creation process. Members of the public will also have the opportunity to comment on these policies during the related public hearings. 2 Packet Pg. 24 City of Palo Alto Planning & Development Services Department Page 18 Public Notification & Comments Public notice in the newspaper is not required for this non quasi-judicial action item; it was posted in the online meeting agenda and in City Hall’s publicly accessible display case. At the time of this report’s writing, no written public comments were received. Next Steps Following the review and recommendation from the PTC, staff will bring the renter protections discussion to the City Council for feedback and direction. This meeting is tentatively targeted for late Summer 2021. Environmental Review This discussion is not a project under the California Environmental Quality Act. Report Author & Contact Information PTC24 Liaison & Contact Information Lauren Bigelow, Fellow Rachael Tanner, Assistant Director (510) 663-4387 (650) 329-2441 lauren.bigelow@cityofpaloalto.org rachael.tanner@cityofpaloalto.org Attachments: x Attachment A: Reasons for “Just Cause” Evictions (DOCX) x Attachment B: Policy Comparison For Fair Chance (PDF) 24 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 2 Packet Pg. 25 Reasons for “Just Cause” Evictions The following is an excerpt from TenantProtections.org that outlines the Tenant Protection Act (AB1482). Under the Tenant Protection Act, eligible renters are protected from unjust evictions. This means a landlord must have a valid reason for eviction as outlined below: At-Fault Evictions: 1. Failure to pay rent. 2. Breach of a material term of a lease that continues after a written notice of the right to cure. The written notice must provide at least three days to cure. If the tenant does not cure, then a non-curable notice of termination may be served. 3. Maintaining, committing, or permitting a nuisance. 4. Destruction of property or creating a nuisance. 5. Failure to sign a lease with similar terms after the expiration of a lease. 6. Criminal activity on the property, or criminal activity or criminal threat directed at an owner or manager of the property. 7. Assigning and subletting in violation of the lease. 8. Refusal to provide the owner access to the unit. 9. Using the premises for an illegal purpose. 10. Failure of a licensee, agent or employee of the landlord to vacate after termination of the relationship. 11. Failure of a tenant to deliver possession after the tenant gives a notice to move out or after the landlord and tenant agree in writing that the tenant will vacate. No- Fault Evictions: 1. Owner or relative move in only where the original lease or a new lease allows for an owner or relative to move in. The eviction must be done by an owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents. The original lease or new lease must reserve the right to move in an owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents. 2. Withdrawal of the unit from the rental market 3. Where a city or county agency requires the unit to be vacated due to uninhabitable conditions. 4. Intent to demolish or substantially remodel a unit. “Substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing or mechanical system that requires a permit, or the abatement of hazardous material, including lead, mold or asbestos that cannot be reasonably accomplished in a safe manner with the tenant in the unit and that requires the tenant to vacate for more than thirty days. Cosmetic improvements alone, including painting, decorating, and minor repairs, do not qualify, nor does any work that can be done safely with the tenant in the unit. 2.a Packet Pg. 26 a a a a a a Comparison of National North Staraa Fair Chance Housing Laws ______________________________________________________________________________________________________________________a a As part of a national reckoning with the profound injustice and senselessness of US mass incarceration policies, criminal justice reforms have occurred at the federal, state, and local levels.a However, when people who have “done their time”, including those for wrongful convictions, return home they are met with extreme and discriminatory barriers that prevent them from accessing basic support needed to successfully reintegrate back into society.aa a A growing number of jurisdictions across the nation have been addressing these injustices including through the passage of Fair Chance Housing laws that seek to remove barriers to housinga for people with a criminal record. However, there are only a few policies that we consider north star policies. Only the cities of Seattle, Berkeley, and Oakland have passed policies thata completely do away with relying on criminal background checks, at all stages of the rental process, on all forms of housing. Why use a tool of the criminal background check that has no proven correlation between one’s criminal history and success as a future tenant, especially when it has been proven to be extremely unreliable and discriminatory? The commonsense and raciallya just response would be what these three cities have enacted. In addition, we consider the Portland policy to be a north star policy because when faced with State preemption issues thata prevented them from enacting a similar policy, instead of giving up, Portland government and formerly incarcerated leaders worked together to craft a problem-solving policy. Here’s aa comparison of the main policy terms. a a a a a a a 2.b Packet Pg. 27 Comparison of National North Star Fair Chance Housing Lawsa Policy Terma Seattlea Portlanda Berkeleya Oaklanda Links Link to Ordinancea Link to FAQaa a Link to Ordinancea Link to FAQa a Link to Ordinancea a Link to Ordinancea Link to FAQ for Formerly Incarcerated People Link to FAQ for Housing Providersa What thea Ordinance Does Prohibits housing providers froma asking about and using criminal historya and checks in rental housinga advertising, applications, ora decision-making.a Criminal background checks are still allowed,a but the Ordinance prohibits discrimination ona the basis of criminal historya Prohibits housing providers from asking about and using criminal history and checksa in rental housing advertising, applications, or decision-making.a Prohibits housing providers from asking about and using criminal history and checksa in rental housing advertising, applications, or decision-making.a Public Policya Rationale Focus on racial justice and addressinga racial inequities in the criminal justicea system, as well as the direct linka between stable housing and successfula reintegration.aa Focus on racial justice, and eliminating screening barriers that prevent people’s righta to housing.a Focused on homeless prevention. There’s a California State pre-emption on locala anti-discrimination policies.a Focused on homeless prevention. There’s a California State pre-emption on locala anti-discrimination policies.a Housing Type Explicitlya Covereda All Housing Units- Including Private,a Section 8 or other Federal Housing Authority, and affordable housing unitsa (including those operated bya nonprofits)a All housing units- Including Private and Sectiona 8 housing units.a All housing units- Including Private, Sectiona 8 or other Federal Housing Authority, anda affordable housing units (including those operated by nonprofits)a All housing units- Including Private, Section 8a or other Federal Housing Authority, anda affordable housing units (including those operated by nonprofits)a Housing Typea Explicitlya Exempteda ●Single family home where ownera occupies part of the homea ●Accessory Dwelling Units wherea the owner resides on the same lot a ●Units shared with a Landlord, roommate, or a sub-lessor using the unit as a primary residencea ●Accessory Dwelling Units where thea owner resides on the same lota ●Duplexes where the owner occupiesa the second unit as a principala residencea ●Non-profit housinga ●Units not rented to, or advertised fora rental to the general public a ●Single-family homes, duplexes,a triplexes, and Accessory Dwelling Units where the owner occupies one of thea units or bedrooms as a principala residencea ●Tenants who seek to add a co-tenant ora a roommatea a ●Single-family homes, duplexes, triplexes,a and Accessory Dwelling Units where thea owner occupies one of the units ora bedrooms as a principal residencea ●Tenants who seek to add a co-tenant or a roommate a Advertisement,a Housinga Application &a Review processa Removes any requirement to disclosea any Conviction History unless it’s for aa “legitimate business reason”aa a Option 1: Low-barrier (lookback period)aa ●Denial only for misdemeanor offences that occurred within the past 3 yearsa Prohibits advertisement, applications, anda review process that would require disclosure of criminal historya Prohibits advertisement, applications, anda review process that would require disclosure of criminal historya 2.b Packet Pg. 28 Comparison of National North Star Fair Chance Housing Lawsa and felony offenses that occurreda within the past 7 yearsa Option 2: Individualized assessment modela ●Landlords can set the criteria they choose if they disagree with thea low-barrier criteria, but must provide information to the applicant abouta what they were denied for, the specific business interest reason the landlorda has determined as basis for mandatea automatic exclusion, and allowa applicants opportunity to providea mitigating evidencea Landlords are not able to deny applicants ona the basis of arrests that did not result in conviction; participation/completion of aa deferral of judgement program; convictions that have been judicially dismissed, expunged,a voided or invalidated; conviction for a crime that is no longer illegal in the state of Oregon;a or convictions issues through the juvenile justice system.aa a When would the Backgrounda Check bea Allowed/Whata kind ofa Backgrounda Check is Alloweda Landlord can check to see if applicant’s on the Sex Offenders Registry pera county, statewide, or national sexa offender registrya a HUD funded housing subject to HUDa regulations that mandate automatica exclusion if applicant is subject toa lifetime sex offender registrationa and/or convicted of meth manufacture/production on federallya assisted housing a a Under the low-barrier option, background checks may be conducted for Misdemeanora offenses that occurred within the past 3 yearsa and felony offenses that occurred within thea past 7 yearsa a Landlords can set the criteria they choose ifa they disagree with the low-barrier criteria, buta must provide information to the applicanta about what they were denied for, the specific business interest reason the landlord hasa determined as basis for mandated automatic exclusion, and allow applicants opportunity toa provide mitigating evidence a Housing providers may check the State’sa Lifetime Sex Offender List, but must firsta make a conditional housing offer, receivea the written consent of an applicant to check, and allow the applicant the chance toa provide rebutting or mitigating information a If required by federal or state law, HUD funded units may conduct limiteda background checks. HUD funded housinga subject to federal regulations that mandatea automatic exclusion if applicant is subject toa lifetime sex offender registration and/ora convicted of meth manufacture/productiona Housing providers may check the State’sa Lifetime Sex Offender List, but must firsta make a conditional housing offer, receive thea written consent of an applicant to check, and allow the applicant the chance to providea rebutting or mitigating information a If required by federal or state law, HUD funded units may conduct limiteda background checks. HUD funded housinga subject to federal regulations that mandatea automatic exclusion if applicant is subject toa lifetime sex offender registration and/ora convicted of meth manufacture/productiona 2.b Packet Pg. 29 Comparison of National North Star Fair Chance Housing Lawsa HUD funded housing subject to HUDa regulations that mandate automatic exclusiona if applicant is subject to lifetime sex offendera registration and/or convicted of meth manufacture/production on federally assisteda housing a on HUD funded housing. However, these housing providers must seek writtena consent from the applicant, provide thea applicant with a copy of the backgrounda check, and provide the applicant a chancea to submit rebutting or mitigatinga information.aa on HUD funded housing. However, these housing providers must seek written consenta from the applicant, provide the applicanta with a copy of the background check, anda provide the applicant a chance to submita rebutting or mitigating information.aa a Does the Citya have a First ina Time rental requirementa policy? Yesa Yesa Noa Noa Allowablea Disqualification of Applicanta If on Sex Offenders registry for adulta conviction and there’s a “legitimatea business interest” where there must be “reliable evidence” of a nexus betweena resident or property safety in light of: ●Nature & severity of convictiona ●Number & types of conviction ●Time lapsed from conviction datea ●Age at time of conviction ●Evidence of good tenant historya before and/or after convictiona ●Any supplemental info rea rehabilitation, good conduct, anda additional info from applicanta ●Misdemeanor and felony offenses that occurred within the lookback periods.a Applicants denied for criminal historya have an automatic right to appeal anda provide supplemental evidence.a ●Applicant is on the State’s Lifetime Sexa Offender Registrya ●For HUD funded units, applicant has been convicted for manufacturinga methamphetamine on the premises of federally assisted housingaa ●Applicant is on the State’s Lifetime Sexa Offender Registrya ●For HUD funded units, applicant has been convicted for manufacturinga methamphetamine on the premises of federally assisted housingaa Administrativea Complainta Process File complaint with Director of Seattlea Office for Civil Rights. Applicant cana appeal Director’s decision to the Seattle Human Rights Commissiona Civil Penalties are no more than:aa ●$11,000 if the respondent has not been determined to havea committed any prior violationa ●$27,500 if the respondent hasa been determined to havea N/Aa File a complaint with the City of Berkeley.aa Close family members may file a complainta on behalf of their formerly incarcerated family member(s), even if they do nota reside in the unit that their family membera lives in or is seeking to move into. Closea family members include a spouse, domestica partners, parents, children, siblings, grandparents, grandchildren.aa File a complaint with the City of Oakland. a Housing providers can be fined for up toa $1,000 per violation.a 2.b Packet Pg. 30 Comparison of National North Star Fair Chance Housing Lawsa committed one other violationa during the five-year perioda ending on the date of the filinga of this charge ●$55,000 if the respondent hasa been determined to have committed two or morea violations during the 7 year period ending on the date ofa the filing of this chargea a Housing providers can be fined at leasta $1,000 and up to $10,000 for each violationa a Additional civil penalties of up to $5,000 per violation committed against a person who isa disabled within the meaning of California Government Code section 12926 et seq., ora is aged sixty-five (65) or over. Right of Individuals toa Sue to Enforceaa Noa Yesa Yesa Yesa Landlord Retaliationa Protection Explicitly covereda a Explicitly covereda Explicitly covereda Limits toa Financiala Screeninga Criteriaa Noa Yes- Limits the income to rent ratio to 2.5a times the rent for units with a monthly renta amount below 80% of Median Family Income (MFI), and to 2 times the rent amount for unitsa with a monthly rent above 80% MFI a Applicants with multiple adults in the household can choose who is legallya responsible for the rent and only those theya choose can be screened for income.a a Under the low-barrier screening criteria,a landlords agree not to reject applicants fora insufficient credit history, or having a credita score of 500 or higher.a Noa Noa 2.b Packet Pg. 31 Planning & Transportation Commission Staff Report (ID # 11933) Report Type: Meeting Date: 4/14/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Review of Boards and Commission Handbook Title: Review the City Boards, Commissions, and Committees Handbook and Recommend Adjustments to Implement the Handbook’s Directions. From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Review the City Boards, Commissions, and Committees Handbook and recommend adjustments to implement the Handbook’s directions. Report Summary This report summarizes some of the changes in protocol and practice required by the City Boards, Commissions, and Committees Handbook. Staff means to implement the changes into the PTC’s operations. Background On November 30, 2020, the City Council adopted a new City Boards, Commissions, and Committees Handbook1 (Attachment A). Important aspects of the handbook are summarized below. Staff Liaison x The Staff Liaisons provide a critical role for the City and serve as the link between City staff, City Council, and Commissioners. x The Staff Liaison’s responsibilities include: o Prepares the monthly meeting agendas. o Coordinates, distributes, and post all agendas, ensuring public participation. o Adjourns the meeting if there is a lack of quorum 15 minutes after start time. 1 https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=65426.43&BlobID=80213 3 Packet Pg. 32 City of Palo Alto Planning & Development Services Department Page 2 o Facilitates the transmission of Commission interests, concerns, and recommendations to the City Manager and City Council. Council Liaison x The Commission should act independently in formulating recommendations for the City Council to consider. x It is improper for Council Liaisons to direct, guide or unduly influence the policy recommendations of the Commission. Commissioners’ Responsibilities and Code of Conduct x Annual mandatory review of the handbook. o Submit signed review to Staff Liaison. x Propose annual work plan for Council review and adoption. x Make an effort to attend all scheduled meetings. An attendance report will be submitted to City Council annually. x If Commissioners miss more than one-third of scheduled meetings, this will be reported to Council and may result in removal from the Commission. x Commissioners are held to a high standard as representatives of the community. Commissioners shall refrain from abusive conduct, personal charges, hostile body language, disrespectful language or verbal attacks, intentional or unintentional, upon the characters of others. x The City prohibits all forms of harassment and discrimination based upon protected classifications. x The Chair is expected to intercede when another Commissioner violates the code of conduct. x Members are eligible to serve two successive full terms on the same board or commission (partial terms of two years or less do not count towards limit). Members are ineligible to be reappointed to the same board or commission for two years after expiration of the second successive full term. x Letters of resignation must be addressed to City Council and submitted to Staff Liaison and City Clerk. Work Plan x The Commission is expected to prepare an annual work plan by the second quarter of the calendar year. x The work plan should include information on equity in the work. x City Council will review the work plan and provide feedback annually at a dedicated City Council meeting. x The work plan should include the results of the prior year’s plan, metrics of community involvement in meetings and activities included in the commission’s work. x The handbook has a template for work plan development. x If new issues arise during the year, the work plan should be amended and forwarded to Council for review and approval. 3 Packet Pg. 33 City of Palo Alto Planning & Development Services Department Page 3 Removal x Commissioners serve at the pleasure of City Council. Council reserves the right to remove one or more Commissioners at any time for any reason. x Commissioners are not entitled to any process in the event Council removes them from service. Public Meetings and Legal Requirements x Commissioners should be aware of the Brown Act and the City’s Streamlined Rules of Order. x Commissioners should not participate in matters where they have a financial or other significant non-financial interest. The City Attorney’s Office can assist with questions on conflicts of interest. x Commissioners should be attending AB 1234 training. x Documents created by public officials are public records that must be made available to requester unless an exception applies. o This includes personal phone if they conduct city business on it. x Be professional in your communications. If someone asks for public records, contact the Staff Liaison promptly. Media Inquiries and Social Media Use x Inform the Chief Communications Officer of media inquiries. The Chief Communications Officer is available to provide advice and guidance. x The Chair can be the spokesperson or the Chief Communications Officer is available to field the media inquiry on behalf of the Chair. x Accepting an interview or providing a statement via email should be based on the Chair’s comfort level with interacting with media. x Comments on behalf of the Commission should only include information about the Commission’s role in the policy issue media is asking about. x Discourage sharing specific opinions on upcoming Commission discussions or commenting on other Commission member social media posts on topics that the Commission is discussing. x Encourage attendance to the public meeting, rather than discussing in detail Commission actions via social media. The City Manager’s Office provided a training on the new handbook to Commissioners on March 24, 2021. Chair and Vice Chair training was provided on March 31, 2021. The video will be made available to Commissioners. Analysis2 2 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. Planning and Transportation Commission in its review of the administrative record and based on public 3 Packet Pg. 34 City of Palo Alto Planning & Development Services Department Page 4 The expectation is that Boards and Commissions will adapt to align their practices with the Handbook. While some of the changes in the Handbook require legislation to be considered and approved by the Council, some require changes in bylaws and other non-legislative changes. Staff have reviewed the Handbook and compared its contents to the operations of the PTC. Table 1, below, presents the differences between the Handbook and PTC current procedural practices. Table 1 also recommends adjustments to implement the Handbook’s direction. Table 1: Handbook Versus PTC Procedures & Practices Handbook Current PTC Practice Adjustment Recommended Verbatim minutes are discouraged. Minutes are verbatim. Direct transcriptionist to provide action summary minutes An attendance report will be submitted to Council every year. Current practice is to provide attendance report at time of re-appointment consideration. Staff will submit a yearly attendance report to Council Boards and Commissions need to submit a yearly work plan for Council approval. Typically, an annual retreat; but no work plan submitted to Council. PTC to submit a yearly work plan for Council approval. Staff Liaison will adjourn the meeting if there is a lack of quorum 15 minutes after start time. Not specified how long the Commission should wait for quorum prior to commencement of a meeting Staff Liaison will adjourn the meeting if there is a lack of quorum 15 minutes after start time. Terms to commence on November 1. Terms commence on December 16. Council to make legislative change to Palo Alto Municipal Code Chapters 2.16 and 2.20. Members are eligible to serve two successive full terms on the same board or commission (partial terms of two years or less do not count towards limit). Members are ineligible to be reappointed to the same board or commission for two years after expiration of the second successive full term. No term limit Council to make legislative change to Palo Alto Municipal Code Chapter 2.16 and 2.20. Letters of resignation must be Not specified Future resignations shall be testimony may reach a different conclusion from that presented in this report and may choose to take an alternative action from the recommended action. 3 Packet Pg. 35 City of Palo Alto Planning & Development Services Department Page 5 addressed to City Council and submitted to Staff Liaison and City Clerk. addressed to City Council and submitted to Staff Liaison and City Clerk Mandatory training shall be provided to all board and commission members through a collaboration between the Offices of the City Attorney, City Clerk, and City Manager. Department staff provide orientation for new PTC members. The proposed training will be in addition to the department training. Training was provided to Commissioners on March 24, 2021. Chair and Vice Chair training was provided on March 31, 2021. The video will be made available to Commissioners. Meeting procedure should follow the City Council’s Rules of Order PTC Procedural Rules differ in some respects from Council Rules (e.g. no substitute motions permitted). Staff will prepare changes to PTC Procedural Rules to conform with Council Rules of Order. All Commissioners are required to sign a yearly statement confirming that they have read the handbook and will follow its guidelines. Staff will coordinate the signed statement via DocuSign. Environmental Review This report is not a project requiring review under the California Environmental Quality Act (CEQA). Report Author & Contact Information PTC3 Liaison & Contact Information Vinh Nguyen, Administrative Associate Rachael Tanner, Assistant Director (650) 329-2218 (650) 329-2167 vinhloc.nguyen@cityofpaloalto.org rachael.tanner@cityofpaloalto.org Attachments: x Attachment A: City Boards, Commissions, and Committees Handbook (PDF) 3 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 3 Packet Pg. 36 CITY BOARDS, COMMISSIONS, AND COMMITTEES HANDBOOK | A Reference Guide 3.a Packet Pg. 37 3.a Packet Pg. 38 Boards, Commissions, and Committees Handbook| City of Palo Alto 3 TABLE OF CONTENTS I.Introduction Mandatory Review Requirement 5 About the City 6 City Council 7 II. Appointed Boards, Commissions, and Committees Information on Appointed Boards, Commissions, and Committees 8 Limit of Terms 8 III. Your Role as a Board, Commission, or Committee Member (BCC) Role of All Members 17 Role and Responsibilities of the Chair 18 Required Training 19 Role of the Staff Liaison(s) 19 Role of Council Liaison 19 Use of Sub-Committees and Ad Hoc Committees 20 Annual Work Plan and Performance Measures 20 Procedures for Conduct of BCC Meetings 20 Agenda and Order of Business 21 Parliamentary Procedure and Motion to Reconsider 21 Code of Conduct 22 Meeting Management 25 Attendance 26 Late Arrival to Meetings 26 Absences 27 Minutes 27 Addressing the Media and the Public 27 IV.City Policies and Procedures Swearing In and Oath of Office 28 Form 700 Obligation and Conflict of Interest 28 Ethics Trainings 28 Removal 29 3.a Packet Pg. 39 Boards, Commissions, and Committees Handbook| City of Palo Alto 4 V. Ralph M. Brown Act General Overview 30 Meeting Agendas 30 Avoid Unlawful Meetings 30 Public Participation 31 VI.Conclusion ` 32 VII. Exhibit A: Workplan Template 33 3.a Packet Pg. 40 Boards, Commissions, and Committees Handbook| City of Palo Alto 5 MANDATORY REVIEW REQUIREMENT The Boards, Commissions, and Committees (BCC) Handbook is a reference guide that applies to advisory and regulatory bodies. It is intended to provide an overview of basic laws and procedures during a member's term and to clarify the role and responsibilities of the Board, Commission, and Committee members in relation to the City Council, City staff and the public. I , confirm that: x I was provided with a copy of the BCC Handbook upon my appointment to a Palo Alto Board, Commission, and Committee. x I have read the entire Handbook, including any updates as of the signing of this document, reviewing each section including: x Requirements to be a member of a Board, Commission, and Committee x Ethics Training (AB1234) x Legal (Brown Act, Conflict of Interest, Political Reform Act) x Role and Responsibilities x Code of Conduct x I agree to follow the guidelines and regulations provided in this Handbook, as required by the California Government Codes (including the Brown Act), Fair Political Practices Commission (FPPC) regulations, and the Municipal Code, as well as any other required policies/statutes. In the event there is a conflict between state or federal law and this Handbook, state or federal law shall govern. In the event there is a conflict between this Handbook and any procedure adopted by a BCC, this Handbook shall govern. x I understand that the BCC Handbook is intended as a tool to provide guidance on process and procedures as well as to draw my attention to the primary rules of serving on a BCC under the guidance of the City Council. x No legal advice is intended through this Handbook. x It is my responsibility to re-visit this Handbook through my term to review protocol and regulations, and for guidance. x I aminvitedtoconsultwiththeStaffLiaison,CityClerk,andCityAttorneyanytime I havequestionsor concerns relating to these guidelines and my service. Signature Date I serve on the following BCC . This page is due to the City Clerk's Department within 60-days of appointment. Ethics training completed on (date) Thank you for your attention to this important information and your responsibility as a BCC Member. I. INTRODUCTION 3.a Packet Pg. 41 Boards, Commissions, and Committees Handbook| City of Palo Alto 6 ABOUT THE CITY Palo Alto, known as the “Birthplace of Silicon Valley,” is home to 69,700 residents and nearly doubles during the day with an influx of employees from major employers. Unique among city organizations, the City of Palo Alto operates a full array of services including its own gas, electric, water, sewer, refuse and storm drainage provided at very competitive rates for its customers. The City of Palo Alto offers robust community amenities including 36 parks, 39 playgrounds, five community and youth centers, 41 miles of walking/biking trails and five libraries. The City also manages a regional airport and provides fire, police and emergency services. Palo Alto is an award- winning City recognized nationally as innovative and well-managed, one of a small number of California cities with a AAA bond rating. City services and performance also receive high marks from community members in the annual community survey conducted by the Polco (formerly National Research Center). As the global center of technology and innovation, Palo Alto is the corporate headquarters for many world-class companies and research facilities. Home to Stanford University and a top-ranked public school system, Palo Alto also features beautiful and historic residential neighborhoods, vibrant shopping and retail districts. Palo Alto has a highly educated and culturally sophisticated citizenry that is actively engaged in making a difference both locally and globally. For the City’s website, go here: www.cityofpaloalto.org To connect with the City on social media, go here: www.cityofpaloalto.org/connect To sign up for the City’s digital newsletter, go here: www.cityofpaloalto.org/newslettersignup 3.a Packet Pg. 42 Boards, Commissions, and Committees Handbook| City of Palo Alto 7 CITY COUNCIL The City of Palo Alto operates under a Council-Manager type of government. The City Council consists of seven members and it is the governing body elected directly by the electorate of Palo Alto. Every year, the City Council Members vote and select a Mayor. As the legislative branch of our local government, the City Council makes final decisions on all City matters, sets City-wide priorities and policies, and directs the City Manager to implement these priorities and policies. The City Council adopts ordinances and resolutions as necessary for efficient governmental operations, approves the budget, and acts as a board of appeals. It appoints the City Manager, City Attorney, City Auditor and City Clerk, as well as the members of the City's advisory Boards, Commissions, and Committees (BCCs). BCCs are primarily responsible for advising and making recommendations to the City Council on City policies and programs. The City Council then uses the advice and recommendations offered by BCCs to make decisions. In addition to making policy recommendations, the Architectural Review Board and Planning and Transportation Commission, and Historic Resources Board also provide recommendations to the Planning Director or Council on project applications. To learn more about the City Council, go here: www.cityofpaloalto.org/council For the City Council meeting agendas, go here: www.cityofpaloalto.org/councilagendas 3.a Packet Pg. 43 Boards, Commissions, and Committees Handbook| City of Palo Alto 8 The City of Palo Alto has eight standing Boards, Commissions, and Committees. The City Council also establishes other Ad Hoc committees to assist them in their decision-making process from time to time. The standing Boards, Commissions and Committees are: x Architectural Review Board x Historic Resources Board x Human Relations Commission x Parks and Recreation Commission x Planning and Transportation Commission x Public Art Commission x Storm Water Management Oversight Committee x Utilities Advisory Commission Other examples of Council appointed groups have included the former Library Advisory Commission, the Citizen Corps Council, the Youth Commission, the Expanded Community Advisory Panel (XCAP) on rail crossings, and the North Ventura Coordinated Area Plan Working Group. During recruitment periods for BCCs, applicants are encouraged to visit the City website and apply for openings on various BCCs. The requirements for each BCC can be found in the Municipal Code or Council action creating the advisory body and will be reflected in the recruitment material – for example, some have a residency requirement. A physical address must be included on the application and proof of the address provided must be issued if requested. Once applications are received, the City Council determines which applicants to interview. The City Council will then vote to appoint members to serve on a BCC during a public City Council meeting. New appointments for complete terms are made in the Spring. Any needed replacement appointments for partial terms are made as necessary. If you need to leave your seat on a BCC before your term is expired, submit your resignation in writing to your Staff Liaison, with a copy to the City Clerk. Each letter of resignation must be addressed to the City Council. Each BCC meets according to its established schedule. LIMITATION ON TERMS Any person appointed to a board or commission shall be immediately eligible, upon the expiration of their term or resignation prior to completion of their term if appointed to a different board or commission, to serve on a different board or commission. All board and commission members are eligible to serve two successive terms on the same board or commission. No person who has served two such successive terms shall be eligible for appointment to that same board or commission for two years following the expiration of the second full term for which the member was appointed and served. Serving an unexpired term of up to 2 years in length shall not count toward years served in terms of eligibility. II. APPOINTED BOARDS, COMMISSIONS AND COMMITTEES 3.a Packet Pg. 44 Boards, Commissions, and Committees Handbook| City of Palo Alto 9 APPOINTED BOARDS, COMMISSIONS, AND COMMITTEES ARCHITECTURAL REVIEW BOARD The Architectural Review Board reviews and makes recommendations to the Planning Director on design and related issues for certain new construction, and changes and additions to commercial, industrial and multiple- family projects, as described in the Municipal Code. The Board's goals and purposes are to: x Promote orderly and harmonious development of the City x Enhance the desirability of residence or investment in the City x Encourage the attainment of the most desirable use of land and improvements x Enhance the desirability of living conditions upon the immediate site or in adjacent areas x Promote visual environments which are of high aesthetic quality and variety and which, at the same time, are considerate of each other x To implement and enforce the city’s ordinances pertaining to architecture and design The Board is composed of five members, at least three of whom are architects, landscape architects, building designers or other design professionals. Terms are for three years and commence on November 1. See Palo Alto Municipal Code (PAMC) Sections 2.16 and 2.21. Residency is not required. For the ARB webpage, go to https://www.cityofpaloalto.org/gov/boards/architectural/ 3.a Packet Pg. 45 Boards, Commissions, and Committees Handbook| City of Palo Alto 10 HISTORIC RESOURCES BOARD The Historic Resources Board advises the Planning Director and City Council on matters relating to Palo Alto‘s historic buildings. The responsibilities of the Board include: x Reviewing and making recommendations to the Architectural Review Board on proposed exterior changes of commercial and multiple-family buildings on the Historic Building Inventory; x Reviewing and making recommendations on exterior changes of significant (Categories 1 and 2) single- family residences on the Historic Building Inventory; x Researching and making recommendations to the City Council on proposed additions and on reclassifications of existing buildings on the Inventory; and x Performing other functions as may be delegated from time to time to the Historic Resources Board by the City Council. Terms are for three years and commence on November 1. The Historic Resources Board includes seven members and the members must have demonstrated interest in and knowledge of history, architecture or historic preservation. One (1) member is an owner/occupant of a category one or two historic structure, or of a structure in an historic district; three (3) members are architects, landscape architects, building designers or other design professionals and at least one (1) member possesses academic education or practical experience in history or a related field. See PAMC Chapters 2.16, 2.27 and 16.49. The Historic Resources Board webpage can be found here: https://www.cityofpaloalto.org/gov/boards/historic/ 3.a Packet Pg. 46 Boards, Commissions, and Committees Handbook| City of Palo Alto 11 HUMAN RELATIONS COMMISSION The Human Relations Commission is charged with studying, fostering community awareness and understanding, encouraging dispute resolution, and recommending legislation regarding persons or groups who do not benefit fully from public or private opportunities or resources in the community, or are unfairly or differently treated due to factors of concern to the Commission. The Commission's responsibilities include: x Public or private opportunities or resources in the community include, but are not limited to, those associated with ownership and rental of housing, employment, education and governmental services and benefits; x Factors of concern to the Commission including but not limited to, socioeconomic class or status, physical condition or handicap, married or unmarried state, emotional condition, intellectual ability, age, sex, sexual preference, race, cultural characteristics, ethnic background, ancestry, citizenship, and religious, conscientious or philosophical belief; x The Commission will conduct such studies and undertake such responsibilities as the Council may direct; and x The Commission recommends allocation of Federal CDBG funds The Commission is composed of five members who are not Council Members, officers, or employees of the City, and who are residents of the City of Palo Alto. Terms are for three years and commence on May 1. See PAMC Sections 2.16 and 2.22. The Human Relations Commission webpage can be found here: https://www.cityofpaloalto.org/gov/boards/hrc 3.a Packet Pg. 47 Boards, Commissions, and Committees Handbook| City of Palo Alto 12 PARKS AND RECREATION COMMISSION The Parks and Recreation Commission advises the Community Services Director and City Council on matters pertaining to the activities of the Open Space, Parks and Golf Division and the Recreation Division of the Community Services Department. The Commission's responsibilities include: x Advising on planning and policy matters relating to the goals of and the services provided by the Open Space, Parks and Golf Division, and the Recreation Division; x Advising on planning and policy matters relating to the construction and renovation of capital facilities; x Reviewing state legislative proposals that may affect the operation of the two Divisions; x Receiving community input concerning parks, open space and recreation activities; and x Updating and advancing the Parks Master plan and related policies and programs. The Parks and Recreation Commission is composed of seven members who are not Council Members, officers, or employees of the City, and who are residents of the City of Palo Alto. Terms of Commissioners will be for three years. See Palo Alto Municipal Code (PAMC) Sections 2.16 and 2.25. The Parks and Recreation Commission webpage can be found here: https://www.cityofpaloalto.org/gov/boards/parks_and_recreation_commission/ 3.a Packet Pg. 48 Boards, Commissions, and Committees Handbook| City of Palo Alto 13 PLANNING & TRANSPORTATION COMMISSION The Planning & Transportation Commission advises the City Council, Planning Director and Transportation Director on land use and transportation matters, including the Comprehensive Plan, zoning, transportation programs, and related matters. The Commission's primary responsibilities include: x Preparing and making recommendations to the City Council on the City's Comprehensive Plan regarding development, public facilities and transportation in Palo Alto x Considering and making recommendations to the City Council on zoning map and zoning ordinance changes x Reviewing and making recommendations to the City Council on subdivisions, on appeals on variances and use permits x Considering other policies and programs affecting development and land use in Palo Alto for final City Council action x Reviewing and making recommendations on individual projects as described in the Municipal Code, and Open Space development x Reviewing and making recommendations to the City Council on transportation, parking and other related mobility issues. The Commission is composed of seven members who are current residents of the City of Palo Alto and are not Council Members, officers, or employees of the City. Terms are for four years and commence on November 1. See Palo Alto Municipal Code (PAMC) Sections 2.16 and 2.20 for more information. The Planning and Transportation Commission webpage can be found here: https://www.cityofpaloalto.org/gov/boards/ptc/ 3.a Packet Pg. 49 Boards, Commissions, and Committees Handbook| City of Palo Alto 14 PUBLIC ART COMMISSION The Public Art Commission oversees Palo Alto’s temporary and permanent public art programs. The primary duties of the Commission are: x To advise the city in matters pertaining to the quality, quantity, scope, and style of art in public places x To periodically review the capital improvement program with the staff for inclusion of works of art in various projects x To devise methods of selecting and commissioning artists with respect to the design, execution, and placement of art in public places and to advise staff on the selection and commissioning of artists, and the amounts to be expended on art in public places x To advise and assist staff in obtaining financial assistance for art in public places from private, corporate, and governmental sources x To review plans for the installation of art in public places and review the inventory of art in public paces x To act as a liaison between local artists and private property owners desiring to install works of art on their private property in public view The Commission, a five-member body appointed by the City Council, meets once a month. Terms are for three years and commence on May 1. See PAMC Sections 2.16, 2.18, and 2.26. Members are not required to be residents of Palo Alto and should have some demonstrated connection to art. The Public Art Commission webpage can be found here: https://www.cityofpaloalto.org/gov/boards/arts/. 3.a Packet Pg. 50 Boards, Commissions, and Committees Handbook| City of Palo Alto 15 STORM WATER MANAGEMENT OVERSIGHT COMMITTEE The purpose of the Storm Water Management Oversight Committee is to review proposed storm water management capital improvements and operating programs to be funded from the Storm Water Management Fees and to monitor expenditures of the fund. The Storm Water Management Oversight Committee is charged with reviewing the annual budget and expenditures of the Storm Water Management Fund in order to ensure that revenue from the Storm Water Management Fee is being budgeted and spent in accordance with the terms of the storm water management ballot measure approved by a majority of property owners in 2017. The Committee is responsible for: x Performing an annual review of the proposed Storm Water Management Fund budget x Performing an annual review of actual expenditures from the Storm Water Management Fund x Adopting findings on an annual basis that the proposed budget and actual expenditures of the Storm Water Management Fund are consistent with the spending plan outlined in the 2017 storm water management ballot measure x Reporting findings on an annual basis to the City Council The Committee is composed of seven members who are selected and appointed by the City Council for a term of four years. Each Committee member shall be a resident of Palo Alto, an employee of a business located in Palo Alto or an owner of real property within the City. The Storm Water Management Oversight Committee webpage can be found here: https://cityofpaloalto.org/gov/boards/storm_water_management_oversight_committee/ 3.a Packet Pg. 51 Boards, Commissions, and Committees Handbook| City of Palo Alto 16 UTILITIES ADVISORY COMMISSION The Utilities Advisory Commission (UAC) is charged with advising the City Council on: long-range planning and policy and major program and project matters relating to the electric utility, gas utility, water utility, wastewater collection utility, fiber optics utility and recycled water matters; acquisition and development of electric, gas and water resources; joint action projects with other public or private entities which involve electric, gas or water resources; and environmental implications of electric, gas or water utility projects, and conservation and demand management. Specifically, the Utilities Advisory Commission advises the Council on: x Development of the City utilities and the recycled water resources x Joint action projects with other public or private entities x The consistency with adopted and approved plans, policies, and programs of any major utility x Legislative proposals regarding City utilities and the recycled water resources, to which the city is a party, in which the city has an interest, or by which the city may be affected x Utility capital improvement programs, operating budgets and related reserves, and rates, and the recycled water program, budget, and rate x Environmental aspects and attributes of City utilities and recycled water resources x Water and energy conservation, energy efficiency, and demand side management The Utilities Advisory Commission is composed of seven members who shall be appointed by and serve at the pleasure of the City Council. The term of office of each member shall be three years or until his or her successor is appointed. Six members of the Commission shall at all times be residents of the City. See Palo Alto Municipal Code (PAMC) Sections 2.16 and 2.23 for more information on the Utilities Advisory Commission. The Utilities Advisory Commission webpage can be found here: https://cityofpaloalto.org/gov/boards/uac/ 3.a Packet Pg. 52 Boards, Commissions, and Committees Handbook| City of Palo Alto 17 ROLE OF ALL MEMBERS All Board and commission members are responsible for certain duties and commitments to the City, City Council, and the BCC on which they serve. Each member must know, understand, accept, and accomplish his or her delegated responsibilities in order to be effective. General expectations include: x Come prepared x Work collaboratively x Respect one another, City staff and the public x Serve the public x Avoid conflict of interest issues x Disagree through respectful dialogue Getting Started x Take the Oath of Office. x Complete and sign a Form 700 and turn it in to the City Clerk’s Office. x Understand the role and responsibilities of the appointed BCC. x Be informed of its functions and relationship with other BCCs. x Timely complete Ethics training (AB 1234). x Attend the orientation scheduled by your Staff Liaison and/or the City Clerk. x Become familiar with the BCC’s governing rules and regulations. x Decide with your Staff Liaison on how and when you will receive agenda packets. x Attend all regular and special meetings. In the event that you cannot attend a meeting, provide timely notification to the Chair and the Staff Liaison. During Meetings x Arrive at meetings on time. x Be prepared for meetings. x Review all staff reports, maps, studies, proposals, correspondence, minutes, etc. prior to the meeting. x Have all reference materials on hand for the meeting. x Familiarize yourself with conflict of interest regulations and discuss potential conflicts of interest with the City Attorney’s office prior to the meeting where any matter of potential conflict will arise. Recuse yourself from any participation in a matter where you have a conflict. x Consult the City Attorney if you have any questions of a legal nature related to your service as a BCC member. x Avoid leaving before the meeting adjourns without prior notice. x Establish a good working relationship with fellow members, City Council, and staff liaison. Exhibit mutual respect to fellow members to ensure a positive working environment. x Become familiar with parliamentary procedures to ensure that meetings proceed in a timely fashion. x Consider the overall public good when making a decision. x Talk to the Chair and Staff Liaison about placing items on future agendas. x If you receive correspondence addressed to the BCC, including email, forward the correspondence to the Staff Liaison so copies can be distributed to all members and the correspondence can become an official City record. IV. YOUR ROLE AS A BOARD, COMMISSION, OR COMMITTEEMEMBER 3.a Packet Pg. 53 Boards, Commissions, and Committees Handbook| City of Palo Alto 18 x Discourage visible and audible signs of agreement or disagreement from the audience such as applause or statements from the floor. Such demonstrations can intimidate those with an opposing view and unintentionally discourage open public discussion of all the issues and points of view. x Limit your own comments to the issues before the BCC. Avoid the appearance of straying from the subject or "grandstanding." x Individual commissioners should avoid giving Staff Liaisons direction or making specific requests outside of the public meetings. ROLE AND RESPONSIBILITIES OF THE CHAIR At the beginning of the year, each BCC will select a member to serve as Chair. The Chair exists to structure productive meetings, encourage the input of ideas, promote inclusiveness, and facilitate the overall decision-making process. They do not have greater power than any other member. The following is a list of duties and responsibilities of the Chair: x Ensure that the BCC completes the annual work plan and reports the results annually to the City Council. The work plan shall include metrics of community involvement and participation in meetings and activities. x Set a positive tone and manage public input to promote civility and decorum. x Preside at all meetings, submit all motions to vote and in general, do all things ordinarily required of a Chair such as call or cancel a meeting, coordinate the setting of the agenda with the Staff Liaison, receive public testimony, ensure compliance with the Brown Act, etc. Move forward committee priorities and refrain from promoting or setting a personal agenda. Ensures that items not listed on the agenda are prohibited from being discussed or acted upon pursuant to the Brown Act, unless specific circumstances apply. x Act as the spokesperson for the BCC, including as the media’s point of contact for information regarding BCC activities. Seek advice and involvement of the City’s Public Communications Manager as needed, through the Staff Liaison. x Ensure that all members are heard in a fair and safe manner. The Chair is responsible for ensuring the effectiveness of the group process. Identifies points of agreement among the BCC members in order to build a consensus. x Ensures that consideration of items on the agenda moves along without delay and makes sure that public testimony is received, but not allowed to disrupt the meeting. This includes setting an acceptable time limit; if necessary. x Clarifies all ideas as they are discussed, and repeats motions made in a way so all members understand the motion they will be asked to vote on and ensures that actions are properly moved, seconded, and voted upon. Always indicate clearly how the vote is taken such as call for the negative vote, saying, “Those opposed, say No.” In the absence of the Chair, the Vice Chair shall act as presiding officer and shall have the same responsibilities. 3.a Packet Pg. 54 Boards, Commissions, and Committees Handbook| City of Palo Alto 19 REQUIRED TRAINING Mandatory training shall be provided to all board, commission and committee members by the City through a collaboration between the Offices of the City Attorney, City Clerk, and City Manager, and will include an orientation session for new members. Training shall be delivered as deemed necessary by the Council and/or the City Attorney, City Clerk and City Manager and may include topics germane to a specific board or commission and/or training generic to all boards and commissions (e.g. ethics training or “how to run a meeting” for board and commission chairs). ROLE OF THE STAFF LIAISON(S) The staff liaison serves as the link between City staff, City Council, and BCC members. The City Manager assigns a staff liaison to each BCC to provide support, coordination, and guidance. The Staff Liaison makes sure that required BCC meetings occur and, in conjunction with the Chair, prepares the monthly meeting agendas. The staff liaison is also responsible for the coordination, distribution, and posting of all committee agendas pursuant to the Ralph M. Brown Act. Committee members should feel free to contact the staff liaison with questions or requests for support such as sharing City policy or program information and providing historical context to issue under review by the BCC. Staff liaisons will provide direction, guidance, and clerical, organizational, and administrative support to commissions on an as needed basis. The staff liaison also facilitates the transmission of BCC interests, concerns, and recommendations to the City Manager and City Council. The staff liaison must be aware and advise the Commission of any potential Brown Act violations; the liaison must be present and attentive for the duration of the meeting. At the request of the Chair, and with the support of a majority of the BCC members, the Staff Liaison researches and investigates issues, prepares alternatives and recommendations for BCC and City Council review, and implements City Council policy decisions. Other duties include facilitating the transmission of BCC interests, concerns, and recommendations to the City Manager and/or City Council; maintaining communication with the Chair regarding City Manager and/or City Council direction or requests; coordinating the annual selection of a Chair and Vice Chair in accordance with the City Council adopted policies and procedures, supporting annual workplan development, and keeping the City Clerk apprised of any resignations or other issues affecting the BCC. During the BCC meeting Staff Liaisons will ensure there is a quorum prior to the Chair calling a Commission meeting to order and adjourn a Commission meeting in the event there is lack of a quorum 15 minutes after the start time of a meeting. In addition, the Staff Liaison will not allow the public to address the Commission during the 15 minutes while waiting for additional members to arrive to form a quorum. Staff may make announcements during this time; no agenda items shall be discussed among the members present. The Staff Liaison will advise the Commission to recess or adjourn the meeting if a quorum is not present at any point during the meeting. ROLE OF COUNCIL LIAISONS The City Council relies upon the expertise and recommendations of the BCCs in advising the Council as it sets City policy. The Council liaison function serves to facilitate and enhance this work. Their principal function is to provide a wide range of information to the advisory body, such as information about Council discussions, policies and actions. This helps provide an historical perspective and thereby place the BCC work in context. However, the BCCs should act independently in formulating recommendations for the City Council to consider. Therefore, it is inconsistent for liaisons to direct, guide or unduly influence the policy making work of the City's advisory bodies. Council liaisons have flexibility in discharging their duties. They may serve with or without attending the meetings of their advisory bodies. Historically, Boards and Commission members have valued consistent participation by Council liaisons. However, at minimum, they should be available for contacts with members of advisory bodies, and particularly with the chairs. 3.a Packet Pg. 55 Boards, Commissions, and Committees Handbook| City of Palo Alto 20 USE OF SUBCOMMITTEES AND AD HOC COMMITTEES BCCs may consider dividing into subcommittees and/or use ad hoc committees to address certain issues when appropriate. The City Council prefers the use of Ad Hoc committees which are short term and established for the BCC to discuss a specific topic or priority. Sub-committees should be used judiciously as it is the wish of the Council that the entire BCC participate in most agenda topics. Sub-committees work independently and bring a report and recommendations back to the BCC. The subcommittee and/or the ad hoc committee would be composed of less than a quorum of the body and set their own schedule. Subcommittee meetings must be noticed under the Brown Act. Ad hoc committees convene for a single topic and disband when the work on a single item is finished. Ad hoc committee meetings need not be noticed or open to the public. The Chair usually makes assignments to subcommittees and ad hoc committees and directs the workflow. BCCs may have both standing subcommittees and ad hoc committees, though it is recommended that BCCs focus their work through Ad Hoc committees. Ad hoc or "temporary" committees are treated differently under the Brown Act. Ad hoc committees are not subject to the notice and posting requirements of the Brown Act so long as the committee: x Consists of less than the number of members which would constitute a quorum; x Has a defined purpose and a time frame to accomplish that purpose; and x Is advisory such as the committee has not been delegated any decision-making power and will be returning to the full board on its recommendation. Establishing Ad Hoc Committees Members of ad hoc committees designed to be advisory to the board/commission may be appointed by the chair, on behalf of the entire board, commission, or committee or by an action of the entire BCC, depending upon the procedures and practices of the BCC. Although, as noted, the ad hoc committee itself is not subject to the Brown Act if the BCC desires to create an ad hoc committee, the action to create the ad hoc committee should be done at a publicly noticed meeting under the Brown Act and the item should be placed on an agenda for that purpose. ANNUAL WORKPLAN AND PERFORMANCE MEASURES Each BCC should prepare an annual work plan for proposal to the Council by second quarter of the calendar year. The Council will review the work plans and provide feedback annually at a dedicated City Council meeting. The annual report should include the results of the prior year’s plan. When applicable, the City Council would like to see metrics of community involvement and participation in meetings and activities included in the work plan. Council expects BCCs to work on items in the approved workplan. In addition, Council may refer additional items to the BCC in response to new developments. BCCs should refrain from expending their time and that of the staff liaison on items that have not been approved by the City Council. If the BCC would like to add an issue for review after an annual workplan has been approved the City Council, a prompt request by the BCC Chair to the City Council is required and the item will then be addressed by the City Council as a whole. A workplan template can be found later in the handbook, see Exhibit A. GENERAL PROCEDURES FOR CONDUCT OF BCC MEETINGS The Chair should recognize other BCC members in the order in which they raise their hands to speak. The Chair should provide an opportunity for each member to speak on an item. BCC members should speak when recognized by the Chair. 3.a Packet Pg. 56 Boards, Commissions, and Committees Handbook| City of Palo Alto 21 When a member of the public desires to address the BCC, they should fill out a speaker’s card, proceed to the podium when called, and wait to be recognized before speaking. The Chair should let the public know how long they are allocated to speak. Speakers should limit their remarks to the issue under discussion. Remarks should be addressed to the BCC as a body, and not to any individual BCC member, staff member, or other person. AGENDA AND ORDER OF BUSINESS The agenda should contain a brief general description of each item to be considered. Except where provided by law, no discussion or action will be taken on an item not appearing on the agenda. The sequence of items in an agenda is generally as follows: x Call to Order x Roll Call x Approval of Minutes x Public Comment on items not on the agenda x Action Items x Reports of BCC Members, Sub-Committees, and Ad Hoc Committees x Brief announcements or Matters of BCC Interest x Adjournment All agendas should include language stating that agenda materials may be provided in alternate formats pursuant to the Americans with Disabilities Act (ADA). PARLIAMENTARY PROCEDURE Parliamentary procedures establish a framework for orderly meetings. They encourage participation, structure discussion and facilitate decision making. They permit expression of minority views while ultimately allowing a majority to fashion an outcome. The following principles are the foundation of effective parliamentary procedures: x Fairness, respect and courtesy should be afforded to everyone. x Do only one thing at a time: one subject at a time and one speaker at a time. x Business must be conducted. The BCC exists to facilitate action, not obstruct it. x All BCC members are equal and have equal voting rights. x The majority decides, but the rights and interest of a minority must be protected. x Silence gives consent, so if you oppose please speak up. x Once settled, a question generally may not be reintroduced. The City Council does not use Robert’s Rules of Parliamentary Procedure, which were created to structure the meetings of very large formal legislative bodies. The Council has adopted a more streamlined set of procedural requirements here starting on page 27. BCC members may also find it helpful to review Rosenberg’s Rules of Order, a simplified set of procedural rules designed for use at the local government level. A tenet of parliamentary procedure is finality. After vigorous discussion, debate, and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter generally is deemed resolved. Exceptions to this general rule include when a proper motion to reconsider is made, or where new developments occur that warrant further work on an issue. 3.a Packet Pg. 57 Boards, Commissions, and Committees Handbook| City of Palo Alto 22 CODE OF CONDUCT This section is intended to describe a code of conduct for Boards, Commission and Committee members and designed to define the manner in which Council Members and BCC members should treat one another, City staff, constituents, and others they come into contact with in representing the City of Palo Alto. The City Council encourages positive and respectful dialogue. Therefore, members shall refrain from abusive conduct, personal charges, hostile body language, disrespectful language or verbal attacks upon the character of others. It is both encouraged and expected that the chair of each BCC intercedes when the conduct of another member is rude or violates code of conduct. BCC members are important to the City’s decision-making process, act on behalf of the City Council in their volunteer roles and help shape and further community discussions on complex issues and topics. As such, disagreement may arise during public meetings as different perspectives are shared and providing different perspectives to Council is encouraged. A high level of professionalism and civility is expected of all BCC members throughout their tenure. Disagreement and criticism of policy is fine but personal attacks must be avoided. It is important that BCC members treat each other and the public with respect, even through disagreement. Elected and appointed officials are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may "agree to disagree" on contentious issues. Residents, property owners and businesses of City of Palo Alto are entitled to have fair, ethical and accountable local government. Such a government requires that public officials: be independent, impartial and fair in their judgment and actions; use their public office for the public good, not for personal gain, and conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility. Elected and Appointed officials shall honor this personal code of conduct from the time of their election or appointment to office. Act in the Public Interest: Recognizing that stewardship of the public interest must be their principal concern, everyone shall work for the common good of the City of Palo Alto and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in fair and equitable manner. Comply with the Law: Everyone shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions; the City of Palo Alto Charter, Municipal Code, City policies and other governing documents related to conflict of interest, election campaigns, financial disclosures, and employer responsibilities and open processes of government. Conduct of Members: Everyone shall refrain from abusive conduct and verbal attacks upon the character or motives of other members of the City Council, boards, commissions, committees, staff or the public. 3.a Packet Pg. 58 Boards, Commissions, and Committees Handbook| City of Palo Alto 23 No Tolerance for harassment or Microaggressions: The City of Palo Alto is committed to providing an environment for employees, elected or appointed officials, members of the public, and contractors that promotes dignity and respect and is free from discrimination and harassment. The City prohibits all forms of harassment and discrimination based upon protected classifications as defined below. “Protected Classification” includes race, religion (including religious dress or grooming practice), religious creed, color, sex (includes gender, gender identity, gender expression, transgender, pregnancy, childbirth, medical conditions related to pregnancy or childbirth, breastfeeding or medical conditions related to breastfeeding), sexual orientation (including heterosexuality, homosexuality and bisexuality), ethnicity, national origin, ancestry, citizenship status, military and veteran status, marital status, family relationship, age, medical condition, genetic characteristics and/or genetic information, and physical or mental disability. In addition to prohibiting explicit harassment, the City of Palo Alto strives to provide an inclusive environment. One method to create an inclusive public space is to help people develop awareness of microaggressions and remove them from conversation. Microaggressions are comments or actions that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a member of a marginalized group (such as a racial minority). The City will provide training to help members develop awareness of and then eliminate microaggressions. Any employee, applicant, elected/appointed official, contract worker, intern or volunteer, who believes he or she has been harassed or retaliated against are encouraged to promptly report the incident and the individuals involved. BCC members may consult with the Chair, Vice-Chair or staff liaison regarding making a report. Respect for Process: Duties shall be performed in accordance with the processes and rules of order established by the City Council. Conduct of Public Meetings: BCC members shall inform themselves of public issues, listen attentively to public discussions before the body, and focus on the business at hand. Communication: It is the responsibility of BCC members to publicly share substantive information that is relevant to a matter under consideration that they received from sources outside of the public decision-making processes. Disclosure of Corruption: BCC members shall take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government. As part of this oath, officials commit to disclosing to the appropriate authorities and/or to the City Council any behavior or action that may qualify as corruption, abuse, fraud, bribery or other violations of the law. Conflict of Interest: To ensure public confidence in City decision making, BCC members shall familiarize themselves with and comply with state conflict of interest laws. Gifts and Favors: BCC members shall not take advantage of services or opportunities offered due to their public office and that are not available to the public in general. They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence, judgment, or action or give the appearance of being compromised. Confidential Information: BCC members shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their financial or private interests. 3.a Packet Pg. 59 Boards, Commissions, and Committees Handbook| City of Palo Alto 24 Representation of Private Interests: In keeping with their role as stewards of the public trust, BCC members shall not appear on behalf of the private interests of a third-party before the City Council or any board, commission or committee or proceeding the City. Advocacy: It is the role of Commissioners to advise the Council on policies and positions within the domain of their Commission. To the best of their ability, within the domain of their Commission, BCC members shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the Council or the City. Improper Influence: BCC members shall refrain from using their position to improperly influence the deliberations or decisions of City staff, boards, commission or committees. Policy Role of Members: BCC members shall respect and support the Council-Manager structure of the City of Palo Alto as provided in the City Charter. Positive Work Environment: BCC members shall support the maintenance of a positive and constructive environment for residents, businesses, and City employees. Compliance and Enforcement: BCC members have the primary responsibility to ensure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of City government. This personal code of conduct shall be considered to be a summary of ethical conduct by Palo Alto Boards, Commissions and Committees. A member can be removed from their BCC position by the City Council if their conduct fails to meet any of these ethical standards. For Quasi-Judicial Hearings: Communications with an applicant or any member of the public is strongly discouraged beginning from the time an application has been submitted and until final decision is reached. If any communication does occur, it must be fully disclosed. Conduct in Public Meetings The following guidelines provide specific examples of conduct that reinforce the principles identified above: x Use formal titles: Elected and appointed officials should refer to one another formally during public meetings, such as Mayor, Vice Mayor, Chair, Commissioner, Board member or Councilmember followed by the individual’s last name. x Practice civility and decorum in discussions and debate: Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. This includes non-verbal communications including body language or eye rolling. No shouting or physical actions that could be construed as threatening will be tolerated. Lack of civility is grounds for dismissal. x Honor the role of the chair in maintaining order, while respecting each member’s prerogative to intercede on inappropriate conduct: It is the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced respectfully and with reason, following procedures outlined in parliamentary procedure and the suggestion below. x Avoid personal comments that could offend other members: If a member is personally offended by the remarks of another member, or feels the remarks may be offensive to others, the offended member 3.a Packet Pg. 60 Boards, Commissions, and Committees Handbook| City of Palo Alto 25 should communicate their position and seek resolution to the situation raised. The chair will maintain control of this discussion. x Demonstrate effective problem-solving approaches: Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Outside of official board or commission meetings, individual board and commission members are not authorized to represent the City or their board or commission unless specifically designated by the Council or the board or commission to do so for a particular purpose. Although a board or commission may disagree with the final decision the Council makes, the board or commission shall not act in any manner contrary to the established policy adopted by the Council. The Institute for Local Government offers tools and publications to help further a consistent code of conduct for all Boards, Commissions and Committees. This publication offers tips for civility during public meetings. Some key recommendations include: x Ensure everyone gets a chance to share their viewpoint x Embrace different perspectives x Avoid debates and interruptions x Listen x Be compassionate Conduct with City Staff Governance of a city relies on the cooperative efforts of elected officials who set policy, appointed officials who advise the elected, and City staff who advise, implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. Treat all staff as professionals: Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Unprofessional and/or antagonistic behavior towards staff is not acceptable. MEETING MANAGEMENT The City of Palo Alto is committed to conducting efficient, effective, and accessible government operations. The following material outlines techniques that can be used to ensure that BCC meetings are efficiently run and give all residents an equal opportunity to address the issues. 3.a Packet Pg. 61 Boards, Commissions, and Committees Handbook| City of Palo Alto 26 PROCEEDINGS x It is generally a good idea to turn off cell phones, PDAs or iPads and refrain from texting during meetings unless there is an emergency. x Please be aware that any messages sent or received relating to City business, including those posted on social media, may become a public record and releasable if requested. x Documents used or shared at Board, Commission and Committee meetings are subject to the Public Records Act. x Start the meetings on time. Keep the agenda in mind in order to give each item the appropriate time. x Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience, for response to those attending for only certain items, or for better pacing of the agenda. x Let the Chair run the meeting. x Be fair, impartial, and respectful of the public, staff, and each other. x Give your full attention when others speak. x Encourage public participation in the meeting process. x Come to each meeting with an open mind. x Base decisions on public engagement, committee discussion, and meeting dialogue. x Abstain if you have a conflict of interest or if you believe you may have one and have not yet conferred with the City Attorney. You may also abstain if you feel you cannot be fair or cannot consider the item with the public’s interest foremost in mind. x Value and respect the professional expertise of staff and consultants, while providing independent critical thinking, expertise, and input. Remember that people may be attending a meeting for the first time and may be unfamiliar with your procedures. In your discussion, either avoid or explain technical terms or verbal shorthand. x Listen to the public’s concerns. Do not engage inside conversations or otherwise be distracted during public testimony. The opportunity for public testimony is central to the strength of democracy and is therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your response is appropriately saved for after the public testimony is closed. x Sometimes questions can most effectively focus discussion and direct decision-making. For Example: What is the history behind this item? What are the benefits and drawbacks? What other alternatives should we consider? ATTENDANCE x The City Council expects that members of BCCs will make every effort to attend all scheduled meetings. x A compilation of attendance will be submitted to the City Council at least annually listing absences for all commissions/committee members. x If you miss more than one-third of the BCC meetings during the calendar year, this will be reported to Council and may result in your removal from the BCC. x Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council for a waiver of this policy or to obtain a leave of absence. x While it is expected that members be present at all meetings, the chair and staff liaison should be notified if a member knows in advance that he/she will be absent. x When reviewing commissioners for reappointment, attendance at commission meetings will be given significant consideration. 3.a Packet Pg. 62 Boards, Commissions, and Committees Handbook| City of Palo Alto 27 LATE ARRIVAL TO MEETINGS If a member anticipates being late to a meeting, please notify the staff liaison regarding the approximate time of arrival. Staff will alert the Chair. ABSENCES Please refer to the BBC attendance requirements in the section above. It is an expectation as part of your BCC service to attend all meetings. If you plan to be absent from a meeting, inform your staff liaison prior to the posting of your committee’s agenda. MINUTES The staff liaison will prepare action minutes (except for the Historic Resources Committee, where the secretary shall do so). Action minutes or summary (sense) minutes are preferred. Verbatim minutes are discouraged. The minutes serve as the permanent official record of the advisory body. The minutes should reflect the members in attendance, members who were absent, a description of each agenda item and the action taken by the advisory body. Titles of motions and resolutions are recorded verbatim. In order to become an official record of activities, minutes must be approved by the BCC. Minutes are normally approved as soon as reasonably possible. Amendments or corrections may be made to the minutes in public meetings, with the approval of the BCC. INTERACTING WITH THE MEDIA AND THE PUBLIC It is important to recognize that as a BCC member your actions and comments are often interpreted to be that of the entire BCC, the staff, or the City.. The Communications Office is available to assist BCC members in interactions with the media. When speaking with the media, observe the following guidelines: x You must clarify who you represent as the speaker. Are you speaking in your capacity as a BCC Chair or as a private resident? Keep in mind that a member’s comments to the press or other public comments are sometimes misinterpreted even though the BCC Chair states that they are speaking for themselves. x Do not make promises to the public that are binding on the BCC, staff, or the City Council. x Comments to the media or the public should be factual and accurate. Avoid speculation. 3.a Packet Pg. 63 Boards, Commissions, and Committees Handbook| City of Palo Alto 28 SWEARING IN AND OATH OF OFFICE Before taking office, each BCC member must be sworn in by the City Clerk, by taking the Oath of Office to swear, or affirm, that he or she will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that he or she will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that he or she takes this obligation freely, without mental reservation or purpose of evasion; and that he or she will well and faithfully discharge the duties upon which he or she is about to enter. FORM 700 OBLIGATION AND CONFLICT OF INTEREST (GOVERNMENT CODE SECTION 87103 FINANCIAL INTEREST) BCC members must file an annual Form 700 by April 1 of each year. In addition, most filers also must file within 30 days of assuming and leaving office. If you have any questions about your Form 700 duty to file, please contact the City Clerk. Failure to timely file a Form 700 is grounds for dismissal. ETHICS, CONFLICTS OF INTEREST, TRAINING State and local laws have been adopted to ensure that local decision making is free from certain conflicts of interest or the possibility of conflicts of interest. The Council has determined that appointed BCC members should comply with these rules. Beyond the rules, BCC members should conduct themselves to a high ethical standard, ensuring that all their duties are performed in the public interest. BCC members must complete two hours of approved ethics training within one year of appointment, and every two years thereafter. BCC members are responsible for compliance and submitting their certificates of completion to the City Clerk. The training covers both conflicts of interest law and ethics principles. There are a number of options for complying with the training requirement: Self-study materials are available at http://www.ca-ilg.org/ab1234compliance. The materials require that you read two articles on public service ethics laws and principles, take a self-assessment test, and then submit it to the Institute for Local Government with a processing fee for each test. The Institute will review your test(s), provide you the correct answers to the questions and a proof of participation certificate. The Fair Political Practices Commission (FPPC) offers free online training at http://localethics.fppc.ca.gov/login.aspx. This option requires you to log onto the FPPC’s website, review various screens of materials, take periodic tests to assure retention of the information and then print out a certificate. Failure to recuse can be grounds for dismissal. V. CITY POLICIES AND PROCEDURES 3.a Packet Pg. 64 Boards, Commissions, and Committees Handbook| City of Palo Alto 29 REMOVAL BCC members serve at the pleasure of the Council. Council reserves the right to remove one or more members of a BCC at any time, for any reason. BCC members understand that they are not entitled to any process in the event Council removes them from service. Incumbents seeking a reappointment are required to complete and file an application with the City Clerk by the application deadline. Board and commission members provide domain knowledge and reflect a diverse range of perspectives in the community. Removal of appointees shall not be on the basis of political perspectives of the Council or commissioner. Removal should be based on performance related concerns such as legal or ethical violations, a pattern of absences, misconduct toward staff, colleagues, or the public, or actions that undermine the public trust in the commission or the Council. The City Council may remove a member by a majority vote of the City Council. Three council members can agendize a removal action item. The removal vote will occur in an open Council session where any member of the public can speak. 3.a Packet Pg. 65 Boards, Commissions, and Committees Handbook| City of Palo Alto 30 GENERAL OVERVIEW The Ralph M. Brown Act, Government Code section 54950 et seq., sets forth certain legal requirements regarding BCCs based on the public’s right to know how decisions are made. Public agencies, boards, commissions, and committees exist to aid in the conduct of the people’s business. With the exception of ad hoc subcommittees, all City BCC meetings shall be publicly noticed and agendized as required by the Brown Act. The public shall be permitted to attend and participate, according to the rules. These transparency procedures improve promote trust in the public body and foster mutual respect by serving the public’s right to be heard and considered in the decision- making process. The League of California Cities prepared a publication titled Open & Public V: A Guide to the Ralph M. Brown Act which is an informative guide to the Brown Act, including tips, examples and illustrations. View it for free at: http://www.cacities.org/openandpublic. For additional information or to answer questions, BCC members should consult with their staff liaison, and through the staff liaison the City Attorney, as necessary. MEETINGS AND AGENDAS A "meeting" takes place whenever a quorum is present and official business is considered. An agenda for each regularly scheduled meeting must be posted at least 72-hours in advance. Agendas for special meetings require 24 hours’ notice. The agenda should include a brief description of every item to be considered. Except for very brief announcements, if an item is not on the agenda, discussion should be deferred to a future meeting when it can be properly agendized. AVOIDING UNLAWFUL MEETINGS AND “SERIAL” MEETINGS BCC members are permitted to socialize in a non-meeting setting but must refrain from discussing any BCC business. Care should be taken to make sure that if a quorum of a BCC is gathered at a public or private meeting place, no public business is discussed and that the gathering will not be interpreted as a meeting. Any conversation that occurs among a majority of the members of a BCC on business that will come before it or is likely to come before it is improper under the Brown Act no matter the means by which the conversation takes place - in person communications, phone calls, writings, and electronic correspondence. When using email, be cognizant that the Brown Act may be violated if a majority of a BCC engages in communication about City business that is or is likely to come before that BCC. Email correspondence is covered by the Brown Act and BCC members should be careful not to “reply all” to a communication directed to a BCC. In addition, emails and phone call records relating to City business may be searchable and releasable pursuant to Public Records Act requests. VI RALPH M. BROWN ACT 3.a Packet Pg. 66 Boards, Commissions, and Committees Handbook| City of Palo Alto 31 PUBLIC PARTICIPATION The public has the right to be notified of items on the agenda, to attend meetings of a legislative body, to record the meeting, to speak before or during consideration of an agenda item, and to see the materials of the legislative body. Every agenda must include time for public comment on matters within the jurisdiction of the BCC and not on the agenda. BCC members generally should not engage in discussion of items raised by the public that are not on the agenda. If a Board or Commission member receives materials or information directly from an applicant, he or she shall notify the Staff Liaison immediately. Agenda materials released less than 72 hours prior to the meeting must be made available to the public at a specified location as well as at the BCC meeting. The public must be allowed to speak on every agendized item, before an action or vote is taken by the BCC. Accommodations are available so that persons with disabilities can participate in all aspects of a BCC meeting. Members of the public may make a written request to the staff liaison, including the requestor's name, address, phone number and brief description of the requested materials, preferred alternative format, auxiliary aid or service, or other needed accommodation. Advance notice is kindly requested so that arrangements can be made. 3.a Packet Pg. 67 Boards, Commissions, and Committees Handbook| City of Palo Alto 32 The City Council thanks you for applying for and accepting a position on one of the City’s Boards, Commissions, or Committees, and for devoting your time to help build a great community in Palo Alto through your civic involvement. Please use this Handbook as a guide as you carry out your duties as a member of a BCC, and please contact the City Clerk or your staff liaison if you need any further information, advice, or assistance. NCLCONCLUSI VI. CONCLUSION 3.a Packet Pg. 68 Boards, Commissions, and Committees Handbook| City of Palo Alto 33 BCC WORK PLAN GUIDELINES AND PROCESS The City Council will vote on BCC work plans annually. Workplans are due in June and should consist of up to three priorities. The City Council will ask the BCC Chair to present the workplan to the City Council. Workplans should include if there is an intent to use Ad Hoc committees to assist in the BCC work for the year ahead. After the workplan is approved, if there is an additional priority the BCC would like added, the BCC chair would make a prompt request to the Council. To guide the work of developing the BCC annual workplans, a short checklist is provided below: x Review purpose of the BCC x Discuss any City Council priorities for the BCC x Discuss existing and possible projects, priorities and goals x Order from high priority to low priority x Finalize draft work plan for City Council review x Use approved workplan as a guide to focus BCC work throughout the term of the workplan (one or two years) x Present report to the City Council annually and include: x List of priorities, projects and goals x Status updates x If items are not complete, include why and any other additional details to share with the Council EXHIBIT A 3.a Packet Pg. 69 BCC WORKPLAN TEMPLATE BCC NAME BCC Purpose: Approved Projects, Priorities, and Goals Name of Project, Priority or Goal Benefit, if Completed Mandate by State or Local law and approved by City Council? Y/N Policy Update as Directed by the City Council Y/N Timeline for Completion Resources needed, i.e. staff support, sub committee established, etc. Measure of Success Prioritize projects, priorities and goals Name of Project, Priority or Goal Priority 1: Urgent (within six months) Priority 2: High (within the year) Priority 3: Medium (within 2 years) Priority 4: Low (beyond 2 years) 3.a Packet Pg. 70 Planning & Transportation Commission Staff Report (ID # 12201) Report Type: Approval of Minutes Meeting Date: 4/14/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: March 10, 2021 Draft Meeting Minutes Title: March 10, 2021 Draft PTC Meeting Minutes From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) adopt the meeting minutes. Background Draft minutes from the March 10, 2021 Planning and Transportation Commission (PTC) meetings were made available to the Commissioners prior to the April 14, 2021 meeting date. The draft PTC minutes can be viewed on line on the City’s website at http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. 4 Packet Pg. 71