Agenda packet — Palo Alto City Council, June 5, 2023 (part 1 of 3)

CITY COUNCIL
Special Meeting
Monday, June 05, 2023
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.

VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.

PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.

TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.

CALL TO ORDER
This meeting will be called to order in honor of LGBTQ+ Pride Month.

AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:35 ‐ 5:50 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 6:05 PM) Members of the public may not speak to the item(s).

STUDY SESSION (6:05 ‐ 7:05 PM)

1. 1237 San Antonio Road: Regional Water Purification Facility. Request for Pre‐screening by Santa Clara Valley Water to Amend the Comprehensive Plan Land Use Designation and map for a Portion of the Subject Property From Public Conservation Land (CL) to Major Institution/Special Facility (MISP). Environmental Analysis: This Study Session is Not a Project in Accordance With CEQA.

CONSENT CALENDAR (7:05 ‐ 7:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

2. Approval of Minutes from May 15, 2023 Meeting

3. Approval of Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, CEQA: Not a Project

4. Approval of Construction Contract with O’Grady Paving, Inc. (C23187512) for the Churchill Avenue/Alma Street Railroad Crossing Safety Improvements Project, Capital Improvement Program Project PL‐20000 in the amount of $2,265,340 and Authorization for the City Manager to Execute Change Orders up to $226,534; and CEQA status – exempt under CEQA Guidelines Section 15301(c)

5. Adoption of a Resolution for Senate Bill 1, the Road Repair and Accountability Act, for Fiscal Year 2024, Providing the Project List for the Street Maintenance Project, Capital Improvement Program Project PE‐86070; CEQA Status – Not a Project

6. Approval of Office of City Auditor Task Order Change ‐ 4.08 Public Safety Building‐ Construction Audit, as recommended by the Policy and Services Committee.

7. Approval of Office of City Auditor Task Order Change ‐ FY23‐05 Various Reporting & City Hotline, as recommended by the Policy and Services Committee.

8. Approval of Office of City Auditor Task Order Change ‐ 4.20 Procurement, as recommended by the Policy and Services Committee.

9. Adoption of an Ordinance Amending Section 2.04.010 (Regular Meeting) of Chapter 2.04 (Council Organization and Procedure) of the Palo Alto Municipal Code to Change the City Council Meeting Start Time from Six p.m. to Five‐ Thirty p.m.

10. Adoption of a Resolution to Appoint Mahealani Ah Yun as Interim City Clerk Through December 1, 2023 at the annual salary of $121,285 ‐ CEQA exempt

11. SECOND READING: Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units (FIRST READING: May 15, 2023, PASSED 7‐0)

12. SECOND READING: Amendment to Palo Alto Municipal Code Title 18 Chapter 18.42, Standards for Special Uses, to Codify Firearms Sales Limitations Ordinance; CEQA status —exempt under CEQA Guidelines section 15061(c)(3) (FIRST READING: May 22, 2023 PASSED 7‐0)
CITY MANAGER COMMENTS (7:10 ‐ 7:30 pm)
BREAK
ACTION ITEMS (Item 13: 7:30 ‐ 9:00 PM, Item 14: 9:00 ‐ 11:00 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.

13. PUBLIC HEARING: Adoption of an Ordinance Amending Section Palo Alto Municipal Code Chapter 9.68, Rental Housing Stabilization, to Clarify the Definitions of At‐Fault and No‐ Fault Just Cause for Evictions, Extend Just Cause Eviction Protections and Tenant Relocation Assistance to More Rental Units in Palo Alto than Offered by State Law, and Adopt a Security Deposit Limit for Unfurnished Rental Units in Palo Alto. Environmental Assessment: Exempt under CEQA Guidelines Section 15061(b)(3).

14. Adoption of a Resolution Approving an Addendum to the 2017 Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate Action Plan (S/CAP); Approval of the 2023‐2025 S/CAP Workplan; and Review of the 2023 Earth Day Report

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

15. Fiscal Year 2023 Third Quarter Financial Status Report

16. Independent Police Auditor's (IPA) Report of Review of Investigations Between July and December 2022 and Police Department Use of Force Report for July ‐ December 2022 OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee May 30, 2023
Finance Committee June 6, 2023 – Canceled
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.

You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.

CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.

1 Special Meeting June 05, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

CALL TO ORDER
This meeting will be called to order in honor of LGBTQ+ Pride Month.

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 6:05 PM) Members of the public may not speak to the item(s).

STUDY SESSION (6:05 ‐ 7:05 PM)

CONSENT CALENDAR (7:05 ‐ 7:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

2. Approval of Minutes from May 15, 2023 Meeting

3. Approval of Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, CEQA: Not a Project

6. Approval of Office of City Auditor Task Order Change ‐ 4.08 Public Safety Building‐ Construction Audit, as recommended by the Policy and Services Committee.

7. Approval of Office of City Auditor Task Order Change ‐ FY23‐05 Various Reporting & City Hotline, as recommended by the Policy and Services Committee.

8. Approval of Office of City Auditor Task Order Change ‐ 4.20 Procurement, as recommended by the Policy and Services Committee.

10. Adoption of a Resolution to Appoint Mahealani Ah Yun as Interim City Clerk Through December 1, 2023 at the annual salary of $121,285 ‐ CEQA exempt

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

15. Fiscal Year 2023 Third Quarter Financial Status Report

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

2 Special Meeting June 05, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

CALL TO ORDER
This meeting will be called to order in honor of LGBTQ+ Pride Month.

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 6:05 PM) Members of the public may not speak to the item(s).

STUDY SESSION (6:05 ‐ 7:05 PM)

CONSENT CALENDAR (7:05 ‐ 7:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

2. Approval of Minutes from May 15, 2023 Meeting

3. Approval of Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, CEQA: Not a Project

6. Approval of Office of City Auditor Task Order Change ‐ 4.08 Public Safety Building‐ Construction Audit, as recommended by the Policy and Services Committee.

7. Approval of Office of City Auditor Task Order Change ‐ FY23‐05 Various Reporting & City Hotline, as recommended by the Policy and Services Committee.

8. Approval of Office of City Auditor Task Order Change ‐ 4.20 Procurement, as recommended by the Policy and Services Committee.

10. Adoption of a Resolution to Appoint Mahealani Ah Yun as Interim City Clerk Through December 1, 2023 at the annual salary of $121,285 ‐ CEQA exempt

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

15. Fiscal Year 2023 Third Quarter Financial Status Report

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

3 Special Meeting June 05, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

CALL TO ORDER
This meeting will be called to order in honor of LGBTQ+ Pride Month.

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 6:05 PM) Members of the public may not speak to the item(s).

STUDY SESSION (6:05 ‐ 7:05 PM)

CONSENT CALENDAR (7:05 ‐ 7:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

2. Approval of Minutes from May 15, 2023 Meeting

3. Approval of Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, CEQA: Not a Project

6. Approval of Office of City Auditor Task Order Change ‐ 4.08 Public Safety Building‐ Construction Audit, as recommended by the Policy and Services Committee.

7. Approval of Office of City Auditor Task Order Change ‐ FY23‐05 Various Reporting & City Hotline, as recommended by the Policy and Services Committee.

8. Approval of Office of City Auditor Task Order Change ‐ 4.20 Procurement, as recommended by the Policy and Services Committee.

10. Adoption of a Resolution to Appoint Mahealani Ah Yun as Interim City Clerk Through December 1, 2023 at the annual salary of $121,285 ‐ CEQA exempt

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

15. Fiscal Year 2023 Third Quarter Financial Status Report

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

4 Special Meeting June 05, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

CALL TO ORDER
This meeting will be called to order in honor of LGBTQ+ Pride Month.

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 6:05 PM) Members of the public may not speak to the item(s).

STUDY SESSION (6:05 ‐ 7:05 PM)

CONSENT CALENDAR (7:05 ‐ 7:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

2. Approval of Minutes from May 15, 2023 Meeting

3. Approval of Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, CEQA: Not a Project

6. Approval of Office of City Auditor Task Order Change ‐ 4.08 Public Safety Building‐ Construction Audit, as recommended by the Policy and Services Committee.

7. Approval of Office of City Auditor Task Order Change ‐ FY23‐05 Various Reporting & City Hotline, as recommended by the Policy and Services Committee.

8. Approval of Office of City Auditor Task Order Change ‐ 4.20 Procurement, as recommended by the Policy and Services Committee.

10. Adoption of a Resolution to Appoint Mahealani Ah Yun as Interim City Clerk Through December 1, 2023 at the annual salary of $121,285 ‐ CEQA exempt

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

15. Fiscal Year 2023 Third Quarter Financial Status Report

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

5 Special Meeting June 05, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

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City Council
Staff Report
From: City Manager
Report Type: STUDY SESSION
Lead Department: Planning and Development Services
Meeting Date: June 5, 2023
Report #:2305-1513
TITLE
1237 San Antonio Road: Regional Water Purification Facility. Request for Pre-screening by Santa Clara Valley Water to Amend the Comprehensive Plan Land Use Designation and map for a Portion of the Subject Property From Public Conservation Land (CL) to Major Institution/Special Facility (MISP). Environmental Analysis: This Study Session is Not a Project in Accordance With CEQA.

RECOMMENDATION
Staff recommends that Council conduct a prescreening and provide comments regarding the applicant’s proposal. No formal Council action may be taken during a prescreening and comments provided during a prescreening are not binding on the City or the applicant.

EXECUTIVE SUMMARY
The Santa Clara Valley Water District (Valley Water) proposes the construction of a new Regional Water Purification Facility (RWPF), pipelines, and associated facilities as part of the Purified Water Program in Santa Clara County. The proposed project would be located in northern Santa Clara County, in portions of Palo Alto, Mountain View, Sunnyvale, San José, Santa Clara, and Campbell.

The Palo Alto portions of the proposal would include development of an RWPF at the Los Altos Treatment Plant (LATP) site located at 1237 San Antonio Road, an effluent pump station at the Palo Alto Regional Water Quality Control Plant (RWQCP) located at 2501 Embarcadero Road and connection pipelines between the LATP and RWQCP sites that would be routed along San Antonio, East Bayshore and Embarcadero Roads. See Attachment A, Project Overview. Additional pipeline outside of City limits will be required to connect the facility to the Los Gatos Recharge System Complex in the City of Campbell. The proposed RWPF is intended to establish greater water supply reliability for Santa Clara County and help ensure continued groundwater sustainability and the avoidance of land subsidence.

The proposal would require a Comprehensive Plan Amendment to amend the land use Item 1
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designation and map for a portion of the LATP site from Public Conservation Land (CL) to Major Institution/Special Facilities (MISP) as well as a subdivision of the site from one parcel into three separate parcels.

Project Homekey is proposed to be located on an adjacent portion of the LATP site.

In accordance with Palo Alto Municipal Code (PAMC) Section 18.79.030(A), a prescreening review is required for legislative changes, including Rezoning and Comprehensive Plan Amendments, prior to the submittal of a formal application. Pre-screenings are intended to solicit early feedback on proposed projects and, like all study sessions, cannot result in any formal action.

BACKGROUND
In order to increase the quality of recycled water in Palo Alto and increase water reuse in Santa Clara County, a Partnership Agreement to Advance Resilient Water Reuse Programs in Santa Clara County Between Valley Water and the Cities of Palo Alto and Mountain View was executed in December 2019 1. One component of the Partnership Agreement is that Valley Water would purify water from the City’s Regional Water Quality Control Plant to provide a reliable water supply for Santa Clara County. Staff presented to Council regarding the RWPF and the partnership agreement in September 2022 2. Valley Water and the City signed a funding agreement to ensure that Valley Water is paying for Palo Alto’s staff and consultant time on the project3. Since that time staff and Valley Water are coordinating on term sheets to develop a lease agreement for LATP.

The LATP site is currently undeveloped but is used by Green Waste for storage (as shown on Attachment B). The parcel has two existing Comprehensive Plan land use designations, CL and MISP. The northern and western portions of the site are designated as CL and the southern of eastern portions of the site are designated MISP. Surrounding Comprehensive Plan designations include CL to the north, Research/Office Park to the south and west, and the City of Mountain View to the east. The subject site is currently zoned Public Facilities - Site Design Review (PF-D).

Historically, the LATP site was used as a wastewater treatment facility for the City of Los Altos until the construction of a sewer line that ran between the then LATP site and the Palo Alto RWQCP in the 1970s. At that time, wastewater flows from Los Altos, Los Altos Hills, and Mountain View were rerouted to the Palo Alto RWQCP. Most of the surface facilities at the LATP site have since been removed and the site is generally vacant. The former treatment ponds, an above- ground tank, site paving, and various underground facilities were abandoned in place, and as 1 City Council, November, 18, 2019, ID 10627. https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/reports/city-manager-reports-cmrs/year-archive/2019/id-10627-mini-packet-11182019.pdf 2 City Council, September 12, 2022, Item 3, ID 14650; https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/agendas-minutes/city-council-agendas-minutes/2022/20220912/20220912pccsm-amended- v2.pdf
3 City Council, April 10, 2023, Item 12, ID 2302-1026 https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/reports/city-manager-reports-cmrs/year-archive/2019/id-10627-mini-packet-11182019.pdf Item 1
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previously noted to the City Council, contractor activities and storage for Green Waste currently occur on an adjacent portion of the site.

Furthermore, the City Council previously identified the approval of the lease agreements with Valley Water associated with the proposed RWPF at the LATP site as a 2023 priority and objective.

Project Description
To increase the reliability of the water supply for Santa Clara County, Valley Water proposes to construct a new regional water purification facility (RWPF), pipelines, and associated facilities (pump station) in the City of Palo Alto as part of the agency’s Purified Water Program for Santa Clara County. The facility would turn effluent water into potable water; thereby, increasing the water supply for residents of the County. More specifically, the proposal consists of the following components within the City of Palo Alto’s jurisdiction:

1. An up to 11,200 acre-feet per year (AFY) RWPF and associated utilities and facilities in Palo Alto

2. A pipeline and pump station to convey source water (tertiary treated wastewater) from the nearby Palo Alto Regional Water Quality Control Plant (RWQCP) to the proposed Palo Alto RWPF

3. A reverse osmosis concentrate (ROC) pump station and pipeline from the proposed Palo Alto RWPF to the Palo Alto RWQCP for blending with existing Palo Alto RWQCP discharge, pending Water Board approval.

4. A purified water pump station and pipeline between the proposed Palo Alto RWPF and Valley Water’s existing groundwater recharge ponds in the existing Los Gatos Recharge System Complex located in the city of Campbell

5. Proposed City of Palo Alto Comprehensive Plan Amendment to change the land use designation for portions of the subject site from Conservation Land to Major Institution/Special Facilities.

For a clearer understanding of the LATP site as it relates to this proposal, the project site has been broken into Areas A, B and C as follows:
•Area A consists of the northernmost portion of the site •Area B is located in the central portion of the site
•Area C consists of the southernmost portion of the site.

The proposed project would be located within Area B. The City’s Homekey project and Green Waste operations would be located within Area C. Area A would remain vacant. See Attachment C, Conceptual Site Layout.

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ANALYSIS
The purpose of the prescreening is for the applicant to assess whether there is sufficient Council interest to proceed with a formal application. Typically, staff does not conduct a detailed review of prescreening applications for code compliance.

Comprehensive Plan
The Public Conservation Land (CL) designation is applied to lands where the primary purpose is the preservation and enhancement of the natural state of the land and its plants and animals.

The Major Institution/Special Facilities (MISP) designation is applied to lands where institutional, academic, governmental, and community service uses and lands are either publicly owned or operated as non-profit organizations.

The proposed project would be consistent with the MISP designation since the City of Palo Alto owns the LATP site and would lease a portion of the land (Area B) to Valley Water for the purposes of the RWPF. While the proposed project would not be consistent with the existing CL designation, the proposal includes a Comprehensive Plan Amendment to amend portions of Area B from CL to MISP. Area C was already amended from CL to MISP in December 2022. With the approval of the Comprehensive Plan Amendment, the proposal would be consistent with the plan.

Proposed Valley Water Comprehensive Plan Amendment layout Zoning
As noted, the project site is zoned Public Facility (PF) with a Site Design Review (D) combining district. Surrounding zoning designations include PF(D) to the north of the LATP site, Research, Office and Limited Manufacturing (ROLM) with Site and Design Review (D) and Automobile Item 1
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Dealership (AD) provisions (ROLM (D)(AD)) located to the south and west of the project site and the City of Mountain View to the east across San Antonio Road.

The PF zoning district is designed to accommodate governmental, public utility, educational, and community service or recreational facilities. The Site and Design Review provision intends to provide a process for the review and approval of projects located in environmentally and ecologically sensitive areas. The proposed project would be consistent with the PF(D) designation; the proposed RWPF would be considered a public utility facility. Prior to the development of the LATP site, Valley Water would be required to apply for and obtain Site Design and Review approval from the City.

Baylands Master Plan
The City of Palo Alto’s Baylands Master Plan (Baylands Plan) was adopted in 1978 and has been amended periodically since its original adoption. The Baylands Plan was adopted as a long-range plan for treating the Baylands as an ecological preservation with continued commercial and recreational use. The LATP site is identified as a part of the Baylands Plan and the plan includes information on the chronological history and environmental setting of the site. The City of Palo Alto became the sole owner of the LATP site in 2008, through a Council-approved agreement for the purchase of the site. At that time, it was determined that the future use of the site would be subject to further public review and environmental analysis. As a result, the Baylands Plan includes the following goal and objective related to the LATP site:

PAF Goal 3: Identify alternatives for land uses at the former Los Altos Treatment Plant site.

PAF Objective 3.1: Identify locations for potential restoration opportunities and actions at the Los Altos Treatment Plant site. Develop priorities and recommendations for actions to improve the site’s ecological health.

Palo Alto Airport Comprehensive Land Use Plan
The Comprehensive Land Use Plan for Palo Alto Airport intends to safeguard the general welfare of the inhabitants in the vicinity of the Palo Alto Airport. In addition, a goal of the plan is to prevent any new surrounding use from impacting the operation of the airport. Although the project site is in the surrounding area of the airport, the LATP site is not subject to the Comprehensive Land Use Plan for the Airport, as it lies outside of the regulated areas.

NEXT STEPS
Following the prescreening review, the applicant will consider how they want to proceed. Formal applications for the Comprehensive Plan Amendment and Site and Design Review for the Area B portion of the 1237 San Antonio parcel, a Site and Design Review application for the parcels associated with the routing of the pipelines, and the 2501 Embarcadero Road parcel would be required to render the use of the sites in conformance with the Municipal Code.

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RESOURCE IMPACT
This item is a pre-screening and therefore does not have resource impacts beyond the staff work to support the discussion. The cost Palo Alto’s staff and consultant time supporting Valley Water’s purification of water from the City’s Regional Water Quality Control Plant to provide a reliable water supply for Santa Clara County project is funded by Valley Water.

STAKEHOLDER ENGAGEMENT
Staff in Public Works is working with Valley Water and partner departments to support this project including but not limited to coordinating on term sheets to develop a lease agreement for the LATP site.

ENVIRONMENTAL REVIEW
This prescreening is a preliminary review process in which Councilmembers may provide comment, but no formal action will be taken. Therefore, no review under the California Environmental Quality Act (CEQA) is required at this time. A formal review under CEQA would be initiated with the formal filing of Comprehensive Plan Amendment, Site and Design and Subdivision applications.

ATTACHMENTS
Attachment A: Project Overview Exhibit
Attachment B: Location Map
Attachment C: Conceptual Site Layout
APPROVED BY:

Jonathan Lait, Planning and Development Services Director Item 1
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San Antonio Rd
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East Bayshore Rd
East Bayshore Rd
Embarcadero Rd
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Palo Alto
RWQCP
Palo Alto
AWPF
Palo Alto
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Connection Pipelines between the Palo Alto
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Effluent Pump Station
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Overview Exhibit

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AN ANTONIO
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This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources.

Legend
LATP Site
Advanced Water Purification Facility Site
0' 242'
Attachment B: Aerial Map
LATP Site
CITY

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PARCEL # 116-01-013
City of Palo Alto
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REVISIONS

REV DATE DESCRIPTION
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AT FULL SIZE10’ SETBACK
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DRAWN:

CHECKED:

APPROVED:

FILENAME

BC PROJECT NUMBER

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Notes:
297,086 (SITE B)
TOTAL LOT AREA = 390,460 SQ. FTSCVWD EASEMEN R 247) FT

PRELIMINARYP
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VALLEY WATER PURIFIED WATER PROJECT
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 5, 2023
Report #:2305-1458
TITLE
Approval of Minutes from May 15, 2023 Meeting

RECOMMENDATION
That the minutes be reviewed and approved.

ATTACHMENTS
Attachment A: May 15, 2023 Draft Minutes
APPROVED BY:

Mahealani Ah Yun
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CITY COUNCIL

DRAFT ACTION MINUTES

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Special Meeting
May 15, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.

Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: None

Absent: None

Special Orders of the Day

1. Proclamation Recognizing National Police Week – May 14 -20, 2023 and National Peace Officers’ Memorial Day – May 15, 2023

Agenda Changes, Additions and Deletions
None

Public Comment

Council Member Questions, Comments and Announcements
None

Study Session

2. Study Session to Discuss Next Steps Following Letter Received on March 13, 2023 from Palo Alto Unified School District titled “Invitation for Cubberley Development Proposals” No action taken
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DRAFT ACTION MINUTES

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(Sp.) City Council Meeting
Draft Action Minutes: 5/15/2023

Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 6, 8, 10, 11 Council Members Tanaka and Lythcott-Haims requested to pull Item 8.

MOTION: Council Member Burt moved, seconded by Council Member Kou to approve Agenda Item Numbers 3-11
MOTION PASSED Items 3, 5, 7, 9: 7-0
MOTION PASSED Items 6, 10, 11: 6-1, Tanaka no
MOTION PASSED Items 8: 5-2, Tanaka, Lythcott-Haims no

3. Approval of Minutes from May 1, 2023 Meeting

4. A pproval of a three -year General Services contract with Johnson Controls Fire Protection, totaling $423,830, for Automatic Fire Extinguishing Systems Inspection, Testing, and Repair Services; and Approval of a Budget Amendment in the General Fund.

5. QUASI-JUDICIAL. 151 S California Avenue {22PLN -00363}: Ratification of Director's Approval of Waiver from the Retail Preservation Ordinance for an Alternative Viable Use to Allow for a Medical Office Use to Occupy a 3,500 Square Foot Tenant Space. Zone District: CC(2).

Environmental Assessment: Exempt from CEQA in Accordance with Guidelines Section 15061(b)(3) and 15301.

6. Approval of a Design -Build Contract with Parking Guidance Systems, LLC in the Amount of $4,180,217 with Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not- to-Exceed Amount of $418,022 for the Downtown Automated Parking Gu idance System, Access Controls & Revenue Collection Equipment Project, Capital Improvement Program Project PL -15002; and Approval of a Budget Amendment in the Capital Improvement Fund; CEQA status – exempt under CEQA Guidelines Section 15301(c)

7. Adoption of Resolution 10108 Authorizing the City Manager or their Designee to sign Grant - Related Documents with Caltrans for the Newell Road/San Francisquito Creek Bridge Replacement Capital Improvement Program Project PE -12011; CEQA: Environmental Impact Report for the Newell Road Bridge (Resolution No. 9889)

8. Approval of Amendment No. 3 with RossDrulisCusenbery Architecture, Inc. (Contract No.

C17165953) to add $687,500, increasing the not to exceed amount to $9,725,108, for additional Professional Services for the Public Safety Building Capital Improvement Program Project (PE - Item 2
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(Sp.) City Council Meeting
Draft Action Minutes: 5/15/2023
15001); CEQA: Environmental Impact Report for the PSB and New California Avenue Area Parking Garage (Resolution No. 9772)

9. Amendment No. 5 to the Agreement between the City of Palo Alto and the Friends of the Junior Museum and Zoo for Mutual Cooperation and Support to Extend the Agreement through June 2024 and Accept a $75,000 Grant for a Community Engagement Specialist; CEQA status – not a project

10. Approval of Professional Services Agreement Contract Number S23184570 with Foster & Foster Consulting Actuaries, Inc. in an Amount Not to Exceed $147,180 to Provide Actuary Services for a Period of Five Years: CEQA Status – Not a Project

11. Authorization for approval of a Blanket Purchase Order with Granite Rock Company in the Amount of $500,000 Annually for a Three -Year Term, beginning July 1, 2023 through June 30, 2026, for a Total Not -to-Exceed Amount of $1,500,000 for Hot Mix Asphalt Materials for Public Works and Utilities Departments; CEQA Status – Not a Project

City Manager Comments

Action Items

12. PUBLIC HEARING: Adoption of a Resolution Providing that the City will Not Levy Assessments for the Downtown Business Improvement District for FY 2024.

MOTION: Vice Mayor Ston e moved, seconded by Council Member Veenker to adopt a Resolution 10109 declining to levy assessments for Fiscal Year 2024 for the Downtown Business Improvement District (BID).

MOTION PASSED: 7-0

13. Update, Discussion, and Potential Direction regarding State and Federal Legislation MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims to direct staff to take direction on the following bills:

Support
• AB 1598 (Berman)
• SB 2 (Portantino)
Oppose
• AB 1637 (Irwin)
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(Sp.) City Council Meeting
Draft Action Minutes: 5/15/2023
MOTION PASSED: 7-0

MOTION: Council Member Kou moved, seconded by Council Member Burt to direct staff to take direction on the following bills:

Oppose
• SB 423
MOTION PASSED: 4-3, Lythcott-Haims, Tanaka, Veenker no

SUBSTITUTE MOTION: Council Member Tanaka moved, seconded by Council Member Ve enker to vote “no position” on SB 423.

MOTION FAILED: 3-4 Burt, Kou, Lauing, Stone no

MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Tanaka that if there is not a unanimous position on a legislative item then the vote be recorded on any resulting letter to contain the vote count.

MOTION PASSED: 7-0

MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to support AB 12.

MOTION PASSED: 6-1, Tanaka no

SUBSTITUTE MOTION: Mayor Kou moved, seconded by Council M ember Tanaka to add AB 12 to the Monitor position.

MOTION FAILED: 2-5 Burt, Lauing, Lythcott-Haims, Stone, Veenker no

MOTION: Council Member Lauing moved, seconded by Council M ember Veenker support ACA

1. MOTION PASSED: 5-2, Tanaka, Kou no
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(Sp.) City Council Meeting
Draft Action Minutes: 5/15/2023

MOTION: Mayor Kou moved, seconded by Council Member Lythcott-Haims to support SB 634.

MOTION PASSED: 7-0

14. PUBLIC HEA 2RING/LEGISLATIVE: Adopt an Ordinance That Changes Palo Alto Municipal Code Chapters 18.04, 18.09, 18.10, 18.12, and 18.40 related to Accessory Dwelling Units and Accessory Structures. Environmental Assessment: Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305.

MOTION: Council Member Lauing moved, seconded by Mayor Kou to approve section A and modify language in section 18.09.040(k)(1) Except on corner lots where feasible.

MOTION PASSED: 7-0

MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to approve sections B, C, D and E and adopt the draft ordinance amending Palo Alto Municipal Code Title 18 (Zoning) to amend regulations for Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), and Accessory Structures, including provision to respond to direction from the department of Housing and Community Development (HCD) and refer D back to the PTC for further refinement and discussion the following:
• Create incentives including e xempting or reducing impact fees and plan review fees from affordable units
• Develop incentives for ADUs to be used for housing
MOTION PASSED: 7-0

AMENDMENT TO MOTION: Council Member Tanaka, seconded by Council Member Lythcott - Haims moved to add to the motion: exempt basement floor area from ADUs and JADUs MOTION FAILED: 2-5 Lauing, Veenker, Stone, Burt, Kou no

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DRAFT ACTION MINUTES

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(Sp.) City Council Meeting
Draft Action Minutes: 5/15/2023
Adjournment: The meeting was adjourned at 11:44 P.M.

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423 , the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 5, 2023
Report #:2304-1239
TITLE
Approval of Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, CEQA: Not a Project

RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute the Second Amendment and Restated Joint Powers Agreement (Attachment A) among the cities of Palo Alto, Menlo Park, and East Palo Alto; the Santa Clara Valley Water District; and the San Mateo County Flood and Sea Level Rise Resiliency District, for the primary purpose of restating the terms of the agreement forming the San Francisquito Creek Joint Powers Authority, managing the joint contribution of services, and providing policy direction on issues of mutual concern relating to San Francisquito Creek.

BACKGROUND
On May 18, 1999, the City Council approved the San Francisquito Creek Joint Powers Agreement ).1 This agreement was made by and among the City of Menlo Park, the City of Palo Alto, the City of East Palo Alto, the Santa Clara Valley Water District, and the San Mateo Flood Control District (“Member Entities”), all of which are public entities organized and operating under the laws of the State of California and each of which is a public agency as defined in California Government Code section 6500, to create the San Francisquito Creek Joint Powers Authority (SFCJPA).

On April 20, 2020, the City Council approved the Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority Amended and Restated as of January 1, 2020.2 The Amended and Restated Joint Powers Agreement contained minor procedural updates and 1 City Council, May 18, 1999, Agenda Item #14, SR #214:99 https://portal.laserfiche.com/Portal/DocView.aspx?id=61976&repo=r-704298fc 2 City Council, April 20, 2020, Agenda Item #7, SR #11204 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020/id.-11204-amended-and-restated-agreement-for-the-san-francisquito-creek-joint- powers-authority.pdf?t=58443.4
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other agreement language modifications including San Mateo County Flood and Sea Level Rise Resiliency District (OneShoreline) assuming revenues and responsibility of its San Mateo County Flood Control District predecessor. Many of these updates involved minor language changes to reflect current practices of the San Francisquito Creek Joint Powers Authority (SFCJPA) or updates to State law related to JPAs. However, there remained outstanding substantive policy- oriented updates.

ANALYSIS
Over the past two years, staff from each member agency have engaged in review and discussion through multiple rounds of analysis, edits, and comments to address the needed substantive policy updates. The Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, provided by the SFCJPA, represents the language agreed to by the technical, policy, and legal staff engaged in this process from all SFCJPA member agencies.

Recommended changes are reflected in the tracked changes version of the Second Amended and Restated Joint Powers Agreement (Attachment B), and include:
•Reconciliation of original document text to actual practice (for example: hiring of SFCJPA staff, and board roles).
•Clarification of SFCJPA authority for and decision-making process regarding land acquisition.
•Addition of language establishing that the SFCJPA shall not exercise the power of eminent domain in the jurisdiction of a Member Entity unless the Member Entity adopts a resolution consenting to the use of eminent domain within its jurisdiction. •Clarification of OneShoreline representation on the SFCJPA Board to prevent duplicative representation from one member organization.
•Clarification of SFCJPA scope regarding shoreline projects and watershed stewardship. •Modernization and simplification of language including sections names as they appear on the Table of Contents for clarity.
•Addition of now-standard clauses common to local government agreements. •Format reconciliation.

While the SFCJPA itself is not a signatory agency to this Agreement, and as such the SFCJPA Board is not required to take an action to complete the required amendments, on March 23, 2023, the SFCJPA Board voted unanimously to approve the Second Amended and Restated Joint Powers Agreement and recommended sending it to the governing bodies of all member agencies for approval. Vice Mayor Stone serves as Palo Alto’s representative on the SFCJPA Board, with Mayor Kou serving as alternate.

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FISCAL/RESOURCE IMPACT
This recommendation does not represent any changes to the existing agreement in terms of resources.

STAKEHOLDER ENGAGEMENT
Staff from all member agencies as well as internal departments including Community Services, Public Works, City Attorney’s Office, and City Manager’s Office coordinated to discuss and review proposed changes to the agreement.

ENVIRONMENTAL REVIEW
Council approval of the Second Amended and Restated San Francisquito Creek Joint Powers Agreement is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that entering into the agreement will not result in any environmental impacts.

ATTACHMENTS
Attachment A - Second Amended and Restated Joint Powers Agreement Attachment B - Second Amended and Restated Joint Powers Agreement - tracked changes APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
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SECOND AMENDED AND RESTATED

JOINT POWERS AGREEMENT

FOR THE

SAN FRANCISQUITO CREEK

JOINT POWERS AUTHORITY

AMENDED AND RESTATED

as of

__________________, 2023
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Attachment A - Second
Amended and Restated
Joint Powers Agreement

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SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR

THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY

TABLE OF CONTENTS
Page

1. CREATION OF THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY ......... 1

2. PURPOSES ................................ ................................ ................................ ........................ 2

3. PARTIES TO AGREEMENT ................................ ................................ ............................... 2

4. TERM OF AGREEMENT ................................ ................................ ................................ .... 2

5. POWERS OF THE AUTHORITY ................................ ................................ ......................... 2

6. MEMBER ENTITY APPROVALS AND RESPONSIBILITIES ................................ .............. 3

7. CAPITAL PROJECT PARTICIPATION ................................ ................................ ............... 4

8. MEMBERSHIP ................................ ................................ ................................ .................... 4

9. BOARD OF DIRECTORS ................................ ................................ ................................ ... 4

10. OFFICERS ................................ ................................ ................................ .......................... 5

11. FISCAL YEAR ................................ ................................ ................................ ..................... 5

12. OPERATING BUDGET ................................ ................................ ................................ ....... 5

13. ANNUAL AUDIT AND AUDIT REPORTS ................................ ................................ ............ 6

14. ESTABLISHMENT AND ADMINISTRATION OF FUNDS................................ .................... 6

15. WITHDRAWAL ................................ ................................ ................................ ................... 6

16. EXPULSION ................................ ................................ ................................ ....................... 7

17. TERMINATION AND DISTRIBUTION ................................ ................................ ................. 7

18. PROHIBITION AGAINST ASSIGNMENT ................................ ................................ ............ 8

19. AMENDMENTS ................................ ................................ ................................ .................. 8

20. SEVERABILITY ................................ ................................ ................................ .................. 8

21. INDEMNIFICATION ................................ ................................ ................................ ............ 8

22. CHOICE OF LAW AND VENUE ................................ ................................ .......................... 8

23. COUNTERPARTS ................................ ................................ ................................ .............. 9

24. AGREEMENT COMPLETE ................................ ................................ ................................ . 9

25. NO THIRD-PARTY BENEFICIARIES ................................ ................................ .................. 9

26. NONWAIVER OF RIGHTS ................................ ................................ ................................ .. 9

27. AGREEMENT EXECUTION ................................ ................................ ................................ 9

28. EQUAL OPPORTUNITY ................................ ................................ ................................ ..... 9

29. NOTICES ................................ ................................ ................................ ...........................10 Item 3
Attachment A - Second
Amended and Restated
Joint Powers Agreement

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SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

FOR THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY

This Second Amended and Restated Agreement Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority (Agreement) is made by and among the City of East Palo Alto, the City of Menlo Park, the City of Palo Alto, the San Mateo County Flood and Sea Level Rise Resiliency District, and the Santa Clara Valley Water District (each a Member Entity and collectively, the Member Entities), all of which are public entities organized and operating under the laws of the State of California, and each of which is a public agency as defined in California Government Code section 6500. This Agreement is effective upon full execution by all Member Entities (Effective Date).

RECITALS
A. The Joint Exercise of Powers Act, Government Code sections 6500 et seq. (JPA Law), permits two or more local public entities by agreement to jointly exercise any power common to them.

B. Following years of effort to address environmental and flooding concerns related to the watershed and floodplain of San Francisquito Creek (encompassing approximately 50 square miles from the Santa Cruz Mountains to San Francisco Bay), and soon after the flood of record in 1998 damaged approximately 1,700 properties, the Member Entities established the San Francisquito Creek Joint Powers Authority (Authority) pursuant to that certain “Joint Powers Agreement Creating the San Francisquito Creek Joint Powers Authority,” dated as of May 18, 1999, to collectively contribute resources and implement policies and projects of mutual interest relating to the primary natural features that unite them, including the San Francisquito Creek.

C. The Joint Powers Agreement Creating the San Francisquito Creek Joint Powers Authority, dated as of May 18, 1999, was thereafter revised pursuant to the Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, Amended and Restated as of January 1, 2020.

D. Each Member Entity agrees to contribute resources and funding towards implementation of projects of mutual interest and benefit relating to San Francisquito Creek and San Francisco Bay shoreline.

E. The governing body of each Member Entity has determined that it is in the Member Entity’s best interest and the public interest that this Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority be executed.

NOW, THEREFORE, the Member Entities, by, between and among themselves, in consideration of the mutual benefits, promises, and agreements set forth below, hereby agree as follows:

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and obligations of the Authority shall not constitute debts, liabilities, or obligations of any party to this Agreement. A Member Entity may separately contract for or assume responsibility for specific debts, liabilities, or obligations of the Authority. For purposes of, and to the extent required by, Government Code section 6509, in exercising its powers, the Authority shall be subject to the restrictions upon the manner of exercising the powers of the City of Menlo Park, except as otherwise authorized or permitted by the JPA Law.

2. Purposes
This Agreement is entered into by Member Entities under the JPA Law for the following purposes:
a. Develop and maintain projects to reduce the risk of flooding in and around San Francisquito Creek.
b. Develop and maintain projects to reduce the risk of coastal flooding from along the San Francisco Bay shoreline.
c. Maintain, restore, enhance the environment, and create recreational opportunities, where possible, in implementing the other purposes stated herein. d. Provide regional information related to flood preparedness and emergency response agencies and others to enhance their ability to communicate about and respond to flood risks.
e. Secure and administer funding for the benefit of the Authority’s operations, capital projects, and related work.

3. Parties to Agreement
Withdrawal or expulsion of any Member Entity from this Agreement does not affect this Agreement nor each Member Entity’s intent to contract with the Member Entities then remaining. Pursuant to Assembly Bill 825 (Chapter 292, Statutes of 2019), which amended the San Mateo County Flood Control District Act to provide for the San Mateo County Flood and Sea Level Rise Resiliency District, the Member Entities agree that the San Mateo County Flood and Sea Level Rise Resiliency District (OneShoreline) is the entity formerly known as the San Mateo County Flood Control District, and as such is subject to the terms and conditions of this Agreement.

4. Term of Agreement
This Agreement continues in full force until terminated in accordance with paragraph 17. Termination and Distribution.

5. Powers of the Authority
The Authority shall have all powers common to the Member Entities, and such additional powers granted to it by law, necessary to fulfill the purposes of this Agreement. The Authority, through its Board of Directors, is authorized to do all acts necessary to fulfill Item 3
Attachment A - Second
Amended and Restated
Joint Powers Agreement

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the purposes of this Agreement referred to in paragraph 2. Purposes including, but not limited to, each of the following:
a. Make and enter into contracts;
b. Incur debts, liabilities, and obligations, provided that no debt, liability, or obligation of the Authority shall be a debt, liability, or obligation of a Member Entity except as separately agreed to by a Member Entity; c. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
d. Acquire, hold, and dispose of real property, including, without limitation, the power to convey real property to a Member Entity, as deemed appropriate by the Authority’s Board of Directors, and as accepted by the Member Entity, provided, however, that the Authority shall not exercise the power of eminent domain in the jurisdiction of a Member Entity unless the Member Entity adopts a resolution consenting to the Authority’s exercise of eminent domain within its jurisdiction. e. Sue and be sued in its own name;
f. Contract with independent consultants and contractors; g. Receive, collect, and disburse monies;
h. Hire staff in conformance with an approved operating budget; i. Assign, delegate, or contract with a Member Entity or third party to perform any of the Authority’s duties including, but not limited to, acting as administrator for the Authority; and
j. Exercise all other powers and carry out other duties as necessary and proper to fulfill the provisions of this Agreement.

6. Member Entity Approvals and Responsibilities
Each Member Entity has the approval authority, obligations, and responsibilities set forth in this Agreement. The Member Entities retain the following powers:
a. The designation of each Member Entity’s Director and alternate as specified in paragraph 9. Board of Directors;
b. Approval of an amendment to this Agreement as specified in paragraph 19. Amendments;
c. Approval of the Member Entity’s funding or other contribution for a capital project as specified in paragraph 7. Capital Project Participation; and d. Approval of the Member Entity’s contribution to the annual budget of the Authority as specified in paragraph 12. Operating Budget.

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7. Capital Project Participation
The Authority may approve a contract for a capital project or any discrete phase of a capital project in accordance with the following conditions:
a. The Authority’s Board of Directors has determined that the Authority will have the funds necessary to pay for that capital project or that discrete phase of the project being approved; and
b. Any funding or other contribution from a Member Entity to that capital project or to that discrete phase of the capital project has been approved by the Member Entity’s governing body or designee. Each Member Entity shall have the right to determine independently whether to participate in any capital project.

8. Membership
Member Entities may be added to the Authority by amending this Agreement, as described in paragraph 19. Amendments, and Member Entities may withdraw or be expelled, as described in paragraph 15. Withdrawal and paragraph 16. Expulsion.

9. Board of Directors
a. Directors. There shall be a Board of Directors to govern the Authority. The Board of Directors shall be comprised of one Director designated by each Member Entity. Each Director shall have one vote on the Board of Directors.

Each Director shall have an alternate designated by the governing body of each Member Entity. No two Directors and no two Alternate Directors shall be from the same governing body of any Member Entity.
b. Alternates. All references in this Agreement to a Director refer to and include the Director’s alternate, when acting in place of a Director. c. Compensation. Directors are not entitled to compensation by the Authority. The Board of Directors may authorize reimbursement of expenses incurred by Directors in connection with serving as a Director.
d. Term. The term of office of a Director shall terminate when such person ceases to be a member of the governing body of the Member Entity or the Member Entity designates another Director and/or alternate to serve.
e. Powers. The powers of the Board of Directors are each of the powers of the Authority not specifically reserved to the Member Entities by this Agreement. No Action of the Authority shall be effective or binding unless and until such action has been authorized by the Board of Directors and either 1) is consistent with the budget approved by the Board of Directors pursuant to paragraph 12. Operating Budget, or 2) complies with paragraph 7. Capital Project Participation. f. Meetings. The Board of Directors shall hold at least one regular meeting each year, at which time the Board of Directors shall elect its officers pursuant to paragraph 10. Officers. The Board of Directors shall fix the date, hour, and place at which each regular meeting is to be held. To the extent practicable, each Board of Directors meeting shall be held in Northern Santa Clara County or Southern San Mateo County. The Chair presides at all meetings. A special Item 3
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meeting may be called upon written request by the Chair or at least two Directors.
g. Brown Act. Each regular, adjourned regular, or special meeting of the Board of Directors shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Government Code §54950, et seq.).
h. Notices, Agendas, Minutes. The Board of Directors shall appoint or hire a Clerk of the Board of Directors who shall be responsible for preparing minutes of each regular and special meeting of the Board of Directors, and issuing notices and agendas in accordance with the law.
i. Quorum. No business may be transacted by the Board of Directors without a quorum of members of the Board of Directors being present except that less than a quorum may adjourn from time to time. A quorum consists of a majority of the members of the Board of Directors.
j. Action of the Board of Directors. Except as otherwise specified in this Agreement, or required by law, any action of the Board of Directors shall require a vote of a majority of the Directors.

10. Officers
a. The officers of the Authority are the Chair, and Vice-Chair. b. The officers shall be elected or appointed by the Board of Directors at its first meeting of the calendar year unless delayed by an action of the Board of Directors.
c. The term of office for Chair and Vice Chair shall be determined by a vote of the Board of Directors. The officers shall assume the duties of their offices upon being elected or appointed, as appropriate.
d. If the Chair or Vice Chair ceases to be a member of the Board of Directors, the Board of Directors shall elect or appoint a new officer at the next regular meeting of the Board of Directors held after the vacancy occurs.

11. Fiscal Year
Each fiscal year of the Authority shall begin on July 1 of a calendar year and end on June 30 of the next following calendar year.

12. Operating Budget
a. The Board of Directors shall adopt an annual operating budget, which shall be separate from the budget for any capital project of the Authority. The operating budget shall include the proposed contribution from each Member Entity and other sources of income for the fiscal year.
b. The operating budget shall not be effective unless and until the governing body of each Member Entity approves that Member Entity’s contribution to the operating budget.
c. A Member Entity’s contribution shall become due and payable to the Authority upon adoption of the annual operating budget by the Board of Directors and Item 3
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approval of the Member Entity’s contribution to the budget by that Member Entity’s governing body.

13. Annual Audit and Audit Reports
The Board of Directors shall cause an annual financial audit to be made by an independent certified public accountant with respect to all Authority receipts, disbursements, other transactions, and entries into the books. A report of the financial audit shall be filed as a public record with each Member Entity. The audit shall be filed no later than as required by State law. The Authority shall pay the cost of the financial audit from its annual operating budget in the same manner as other administrative costs.

14. Establishment and Administration of Funds
a. Accountability. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It shall comply with every provision of law relating to the establishment and administration of funds, in particular, Government Code §6505. The funds shall be accounted for on a full accrual basis.
b. Investment/Disbursement. The Authority shall receive and disburse funds only in accordance with policies and procedures established by the Board of Directors and in conformity with applicable law.
c. Insurance/Bonds. The Authority shall procure, carry and maintain, in full force and effect, at all times during the term of this Agreement, such insurance and bonds to protect the Authority and the Board of Directors, officers, employees, agents, and Member Entities, as deemed appropriate by the Board of Directors. d. Depository and Auditor Controller. The Board of Directors shall designate one of its officers, employees or a third party to perform all acts required by Government Code §6505 (regarding an annual audit), §6505.1 (regarding charge of and access to property), §6505.5 (regarding the depository and custodian of money), and §6505.6 (regarding independent audit where an officer or employee acts as treasurer, auditor, or both), as such laws are amended from time to time.

15. Withdrawal
a. Member Entities may withdraw from the Authority for subsequent fiscal years by providing written notice to the Authority and each Member Entity on or before May 1 of any fiscal year. Withdrawal shall be effective on July 1 of the next fiscal year. This shall be the exclusive means by which a Member Entity may withdraw from the Authority.
b. Any Member Entity that withdraws shall remain liable for any budget contributions or capital project participation approved before withdrawal. c. Any Member Entity that withdraws shall remain liable for any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of that Member Entity’s performance or failure to perform the obligations assumed before the Member Entity withdraws from this Agreement. Any Member Entity that withdraws shall remain subject to the provisions of paragraph 21. Indemnification Item 3
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with respect to any event or occurrence taking place before the Member Entity withdraws.

16. Expulsion
a. The Authority may expel a Member Entity from the Authority by a four-fifths (4/5) vote of the Authority Board of Directors for a breach of this Agreement determined by the Board of Directors to be a material breach. b. Any Member Entity that has been expelled pursuant to this paragraph shall have no further liability or obligation pursuant to this Agreement after the effective date of such expulsion; except such Member Entity shall remain liable for any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of that party’s performance or failure to perform the obligations assumed before the Member Entity was expelled, including any budget contributions or capital project participation approved before expulsion.
c. Any Member Entity that has been expelled shall remain subject to the provisions of paragraph 21. Indemnification with respect to any event or occurrence taking place before the Member Entity was expelled.

17. Termination and Distribution
a. Termination. This Agreement shall continue until terminated. This Agreement may be terminated by the written consent of four-fifths (4/5) of the Member Entities. The Agreement may only be terminated after disposing of all claims, distribution of assets, and performance of all other functions necessary to conclude the obligations and affairs of the Authority.
b. Concluding Affairs. The Board of Directors is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority, including for the disposition, division, or distribution of any property acquired as a result of the joint exercise of powers.
c. Surplus. In the event that the Authority is terminated, any surplus money on deposit in any fund or account of the Authority shall be returned to Member Entities in proportion to the contributions made to that fund or account, as required by Government Code §6512.
d. Property. All real property and any improvements thereon, that were owned by a Member Entity and contributed to the Authority shall be returned to the Member Entity, upon its approval, that contributed such property. e. Member Entity Obligations. In no event shall any funds or assets be distributed, divided or returned to a Member Entity until such Member Entity has either paid their share of all outstanding debts and obligations that were incurred while they were a Member Entity, or executed a contract with the Authority to pay for all outstanding debts and obligations that were incurred while they were a Member Entity.

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18. Prohibition Against Assignment
No Member Entity may assign a right, claim, or interest it may have under this Agreement, and any such assignment shall be void. No creditor, assignee, or third-party beneficiary of a Member Entity has a right, claim, or title to any part, share, interest, fund, or asset of the Authority.

19. Amendments
This Agreement may only be amended by approval by the governing body for each and every Member Entity. A proposed amendment must be submitted to each Member Entity at least thirty (30) days in advance of the date on which it will be considered. An amendment is effective upon full execution by all Member Entities.

20. Severability
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

21. Indemnification
a. Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority, any Member Entity, any member of the Board of Directors, and each officer, employee and agent of the Authority or Member Entities, for their actions taken within the scope of their duties while acting on behalf of the Authority. b. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Member Entities pursuant to Government Code Section 895.6, the Member Entities agree that all losses or liabilities incurred by a Member Entity shall not be shared pro rata but, instead, the Member Entities agree that, pursuant to Government Code Section 895.4, each Member Entity hereto shall fully indemnify and hold each of the other Member Entities, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Member Entity, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Member Entity pursuant to this Agreement. No Member Entity, nor any officer, board member, employees, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Member Entity hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such other Member Entity pursuant to this Agreement. The rights, duties, and obligations of the Member Entities as set forth above in this paragraph 21. Indemnification, survive completion, termination, expiration, and suspension of this Agreement.

22. Choice of Law and Venue
The Parties agree that this Agreement is to be governed, construed, and enforced in accordance with the laws of the State of California. The Parties also agree that the Item 3
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venue of any litigation arising out of or connected with this Agreement will lie exclusively in the state trial court or Federal District Court located in Santa Clara County or San Mateo County in the State of California. The Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

23. Counterparts
This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument.

24. Agreement Complete
The foregoing constitutes the full and complete Agreement of the Member Entities.

There are no oral understandings or agreements not set forth in writing herein.

25. No Third-Party Beneficiaries
Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity, other than the Parties hereto, any legal or equitable right, remedy, or claim under or in respect of this Agreement or any covenants, conditions, or provisions contained herein.

26. Nonwaiver of Rights
The failure of either Party to this Agreement to object to or to take affirmative action with respect to any conduct of the other Party that is in violation of the terms of this Agreement will not be construed as a waiver thereof, or as waiver of any future breach or subsequent wrongful conduct.

27. Agreement Execution
Unless otherwise prohibited by law or policy of any Member Entity, the Member Entities agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying an electronic signature using technology in compliance with the Electronic Signature Act (California Civil Code §1633).

28. Equal Opportunity
a. Equal Opportunity Employer
Each of the Member Entities is an equal opportunity employer and requires their contractors to have and adhere to a policy of equal opportunity and non- discrimination, including that such contractors will comply with all applicable federal, state, local laws and regulations, and will not discriminate against any subcontractor, employee, or applicant for employment in the recruitment, hiring, employment, utilization, promotion, classification or reclassification, transfer, recruitment advertising, evaluation, treatment, demotion, layoff, termination, rates of pay or other forms of compensation, and selection for professional Item 3
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development training (including apprenticeship), or against any other person, on the basis of sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), race, religion, color, national origin (including language use restrictions), ancestry, religious creed (including religious dress and grooming practices), political affiliation, disability (mental and physical, including HIV or AIDS), medical condition (cancer and genetic characteristics), genetic information, marital status, parental status, gender, age (40 and over), pregnancy, military and veteran status, sexual orientation, gender identity and gender expression, the exercise of family and medical care leave, the exercise of pregnancy disability leave, or the request, exercise, or need for reasonable accommodation.
b. Compliance with Applicable Equal Opportunity Laws
All equal opportunity and non-discrimination policies of Member Entity contractors must be in conformance with applicable state and federal guidelines including the Federal Equal Opportunity Clause, 41 Code of Federal Regulations, Part 60-1, §60-1.4; Title VII of the Civil Rights Act of 1964 as amended; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (§503 and §504); the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.); the California Fair Employment and Housing Act (Government Code §12900 et. seq.); and California Labor Code §1101 and §1102.
c. Investigation of Claims
Member Entity contractors must designate a specific position within its organization to be responsible for investigating allegations of non-compliance with the anti-discrimination and anti-harassment provisions of this Section 28.

Contractors must conduct a fair, prompt, and thorough investigation of all allegations directed to the contractor by any Member Entity. In cases where such investigation results in a finding of discrimination, harassment, or hostile work environment, the contractor must take prompt, effective action against the offender.

29. Notices
Unless otherwise specified in this Agreement, all requests for written approval or legal notices must be sent to the representatives’ addresses on file with the Authority. All notices are deemed to have been given when made in writing and when delivered or mailed to the representatives at their respective addresses.

IN WITNESS WHEREOF, the Member Entities hereto have executed this Agreement on the dates as set for the below.

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DATED: , 2023 CITY OF MENLO PARK

By:

Name
Mayor

ATTEST:

By:

Name
City Clerk

APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 CITY OF PALO ALTO

By:

Name
Mayor

ATTEST:

By:

Name
City Clerk

APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 CITY OF EAST PALO ALTO

By:

Name
Mayor

ATTEST:

By:

Name
City Clerk

APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 SANTA CLARA VALLEY WATER DISTRICT

By:

John L. Varela
Chair, Board of Directors

ATTEST:

By:

Michele L. King, CMC
Clerk, Board of Directors

APPROVE AS TO FORM:

District Counsel
J. Carlos Orellana

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DATED: , 2023 SAN MATEO COUNTY FLOOD AND

SEA LEVEL RISE RESILIENCY DISTRICT

By:

Name
Chair, Board of Directors

ATTEST:

By:

Name
Clerk, Board of Directors

APPROVE AS TO FORM:

Brian Kulich
Lead Deputy County Counsel
General Counsel

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SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE

SAN FRANCISQUITO CREEK

JOINT POWERS AGREEMENTAUTHORITY

AMENDED AND RESTATED

as of

__________________, 2023
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San 2

SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR

THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY

TABLE OF CONTENTS
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SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

FOR THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY

This Second Amended and Restated Agreement Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority (“Agreement”) is made by and among the City of East Palo Alto, the City of Menlo Park, the City of Palo Alto, the City of East Palo Alto, the Santa Clara Valley Water District, and the San Mateo County Flood and Sea Level Rise Resiliency District (“, and the Santa Clara Valley Water District (each a Member Entity and collectively, the Member Entities”), all of which are public entities organized and operating under the laws of the State of California, and each of which is a public agency as defined in California Government Code section 6500. This Agreement is effective upon full execution by all Member Entities (Effective Date).

RECITALS
A. The Joint Exercise of Powers Act, being Government Code sections 6500 et seq. (the “JPA Law”), permits two or more local public entities by agreement to jointly exercise any power common to them.

B. Following years of effort to address environmental and flooding concerns related to the watershed and floodplain of San Francisquito Creek (encompassing approximately 50 square miles from the Santa Cruz Mountains to San Francisco Bay), and soon after the flood of record in 1998 damaged approximately 1,700 properties, the Member Entities established the San Francisquito Creek Joint Powers Authority (Authority) pursuant to that certain “Joint ExercisePowers Agreement Creating the San Francisquito Creek Joint Powers Authority,” dated as of May 18, 1999, to collectively contribute resources and implement policies and projects of mutual interest relating to the primary natural features that unite them, including the San Francisquito Creek (“Creek”).

D. Each Member Entity agrees to contribute resources and funding towards implementation of projects of mutual interest and benefit relating to San Francisquito Creek and San Francisco Bay shoreline.

C.E. The governing body of each Member Entity has determined that it is in the Member Entity’s best interest and in the public interest that this Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority be executed to make minor procedural updates, including the change on January 1, 2020 of the San Mateo County Flood Control District to the San Mateo County Flood and Sea Level Rise Resiliency District.

NOW, THEREFORE, the Member Entities, by, between and among themselves, in Item 3
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consideration of the mutual benefits, promises, and agreements set forth below, hereby agree as follows:

1. CREATION OF THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY.

1. Creation of the San Francisquito Creek Joint Powers Authority Pursuant to the JPA Law, the Member Entities create a public agency, separate and apart from the Member Entities to be known as the San Francisquito Creek Joint Powers Authority (the “Authority”). Pursuant to Government Code section 6508.1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any party to this Agreement. A Member Entity may separately contract for or assume responsibility for specific debts, liabilities, or obligations of the Authority. For purposes of, and to the extent required by, Government Code section 6509, in exercising its powers, the Authority shall be subject to the restrictions upon the manner of exercising the powers of the City of Menlo Park, Item 3
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except as otherwise authorized or permitted by the JPA Law.

2. Purposes

2. PURPOSES. This Agreement is entered into by Member Entities under the JPA Law for the following purposes:
a. To facilitate and perform bank stabilization, channel clearing and other Creek maintenance.
b. To plan flood control measures for the
a. Develop and maintain projects to reduce the risk of flooding in and around San Francisquito Creek watershed.
b. Develop and maintain projects to reduce the risk of coastal flooding from along the San Francisco Bay shoreline.
c.a. To take actions necessary to preserve and enhance environmental values and instream uses of San Francisquito Creek.Maintain, restore, enhance the environment, and create recreational opportunities, where possible, in implementing the other purposes stated herein. d.b. To coordinate emergency mitigation and response activities relating to San Francisquito Creek.Provide regional information related to flood preparedness and emergency response agencies and others to enhance their ability to communicate about and respond to flood risks. e. To make recommendations to Member Entities for funding and alternatives for long term flood control for Member Entity consideration.Secure and administer funding for the benefit of the Authority’s operations, capital projects, and related work.

3. PARTIES TO AGREEMENT.
c. Each Member Entity certifies that it intends to and does contract with every other Member Entity which is a signatory to this Agreement. Each Member Entity also certifies that the deletion

4. TERM OF AGREEMENT.

4. Term of Agreement
This Agreement became effective as of May 18, 1999 and continues in full force until terminated in accordance with Paragraph 18paragraph 17. (Termination and Distribution).

5. POWERS OF THE AUTHORITY.

5. Powers of the Authority
The Authority shall have all powers common to the Member Entities, and such additional powers granted to it by law, necessary to fulfill the purposes of this Agreement. The Authority, through its Board of Directors, is authorized, in its own name and subject to the limitations set forth below, to do all acts necessary to fulfill the purposes of this Agreement referred to in Paragraphparagraph 2. (Purposes) including, but not limited to, each of the following:

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a. Make and enter into contracts;
b. Incur debts, liabilities, and obligations, provided that no debt, liability, or obligation of the Authority shall be a debt, liability, or obligation of a Member Entity except as separately agreed to by a Member Entity;
c. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
a. Acquire, hold, and dispose of real property, including, without limitation, the power to convey real property to a Member Entity, as deemed appropriate by the Authority’s Board of Directors, and as accepted by the Member Entity, provided, however, that the Authority shall not exercise the power of eminent domain in the jurisdiction of a Member Entity unless the Member Entity adopts a resolution consenting to the Authority’s exercise of eminent domain within its jurisdiction.
d.b. Sue and be sued in its own name;
e.c. Contract with independent consultants and/or contractors; f. Receive, collect, and disburse monies;
g.d. Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement;
e. Hire staff in conformance with an approved operating budget; h.f. Assign, delegate, or contract with a Member Entity or third party to perform any of the Authority’s duties of the Board including, but not limited to, acting as administrator for the Authority; and
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i. Exercise all other powers and carry out other duties as necessary and proper to carry outfulfill the provisions of this Agreement.

These powers shall be exercised in the manner provided by applicable law and as expressly set forth in this Agreement.

6. MEMBER ENTITY APPROVALS AND RESPONSIBILITIES.Member Entity Approvals and Responsibilities
Each Member Entity has the approval authority, obligations, and responsibilities set forth in this Agreement. No action of the Authority shall be effective or binding unless and until such action has been approved in accordance with Subparagraph “e.” (Action of the Board) of Paragraph 10. (Board Members) by theThe Member Entities retain the following powers:
g. The designation of each Member Entity’s Director and alternate as specified in paragraph 9. Board of Directors consistent with a budget; h. Approval of an amendment to this Agreement as specified in paragraph 19. Amendments;
i. Approval of the Member Entity’s funding or other contribution for a capital project as specified in paragraph 7. Capital Project Participation; and j. Approval of the Member Entity’s contribution to the annual budget of the Authority as specified in paragraph 12. Operating Budget.

6. Capital Project Participation
The Authority may approve a contract for a capital project or any discrete phase of a capital project in accordance with the following conditions:
a. The Authority’s Board of Directors has determined that the Authority will have the funds necessary to pay for that capital project or that discrete phase of the project being approved; and
Any funding or other contribution from a Member Entity to that capital project or to that discrete phase of the capital project has been approved by independent action of eachthe Member Entity’s governing body.

7. PROJECT PARTICIPATION APPROVAL AUTHORITY.
b. or designee. Each Member EntitiesEntity shall have the right to determine independently whether to participate in any capital improvement project. No capital improvement project shall be approved by the Authority unless and until Member Entities sufficient to fund the project fully have approved the project by independent action of each such funding Member Entity’s governing body.

8.7. MEMBERSHIP.Membership
New Member Entities may be added to the Authority by amending this Agreement, as described in Paragraph 21paragraph 19. (Amendments), and Member Entities may withdraw or be expelled, as described in Paragraph 16paragraph 15. (Withdrawal) and Paragraph 17paragraph 16. (Expulsion).

9.8. BOARD OF DIRECTORS.Board of Directors
a. Directors. There shall be a Board of Directors (the “Board”) to govern the a. affairs of the Authority. The Board of Directors shall be comprised of one director, and one alternate director, fromDirector designated by each Member Entity. Each director hasDirector shall have one vote. An alternate director may cast a vote as a member of on the Board of Directors only in the absence of the director from that same Member Entity. Each director andDirector shall have an alternate director shall be a member of the governing body of the Member Entity and shall be designated by itsthe governing body; provided, however, that no of each Member Entity.

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No two directorsDirectors and no two alternate directorsAlternate Directors shall be from the same governing body of any Member Entity.
c. Alternates. All references in this Agreement to a Director refer to and include the Director’s alternate, when acting in place of a Director. b.d. Compensation. Directors and alternate directors are not entitled to compensation by the Authority. The Board of Directors may authorize reimbursement of expenses incurred by Directors in connection with serving as a Director. by directors or alternate directors.
e. Term. The term of office of a Director shall terminate when such person ceases to be a member of the governing body of the Member Entity or the Member Entity designates another Director and/or alternate to serve.
c.f. Powers. The powers of the Board of Directors are each of the powers of the Authority
not specifically reserved to the Member Entities by this Agreement. The Member Entities retainNo Action of the Authority shall be effective or binding unless and until such action has been authorized by the Board of Directors and either 1) is consistent with the budget approved by the Board of Directors pursuant to paragraph 12. Operating Budget, or 2) complies with paragraph 7. Capital Project Participation.
the following powers:
(1) The designation of the Board as specified in Subparagraph “a.” of Paragraph 9. (Board of Directors);
(2) Approval of an amendment to this Agreement as specified in Paragraph 21. (Amendments);
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(3) Approval of actions pursuant to Paragraph 6. (Member Entity Approvals and Responsibilities);
(4) Approval of project participation as specified in paragraph 7. (Project Participation Approval Authority); and
(5) Approval of the annual budget of the Authority as specified in Paragraph 13. (Budget).

10. BOARD MEMBERS.
a.g. Meetings. The Board of Directors shall hold at least one regular meeting each year, at which time the Board of Directors shall elect its officers as appropriate to comply with Paragraph 11pursuant to paragraph 10. (Officers). The Board of Directors shall fix the date, hour, and place at which each regular meeting is to be held. To the extent practicable, each Board of Directors meeting shall be held in Northern Santa Clara County or Southern San Mateo County. The Chair presides at all meetings. A special meeting may be called upon written request by the Chair or at least two directorsDirectors. b.h. Brown Act. Each regular, adjourned regular, or special meeting of the Board of Directors shall be called, noticed, held, and conducted in accordance with the Ralph M.

Brown Act
(Sections 54950, et seq., of the Government Code §54950, et seq.). c.i. Notices, Agendas, Minutes. The Board of Directors shall appoint or hire a Clerk of the Board of Directors who shall draftbe responsible for preparing minutes of each regular and special meeting of the Board, which shall be considered for approval by the Board at a subsequent regular meeting of Directors, and issuing notices and agendas in accordance with the law. d.j. Quorum. No business may be transacted by the Board of Directors without a quorum of members of the Board of Directors being present except that less than a quorum may adjourn from time to
time. A quorum consists of a majority of the members of the Board of Directors. e. Action of the Board of Directors. Except as otherwise specified in this Agreement, or required by law, any action of the Board of Directors shall require a vote of a majority of the Board.
k. 11. OFFICERSDirectors.

7. Officers.

The officers of the Authority are the Chair, and Vice-Chair, and Secretary.
a. Election/Term/Duties.
b. The officers shall be elected or appointed by the
Board of Directors at its first meeting of the calendar year, unless that is delayed by an action of the Board of Directors.
c. The term of office for Chair, and Vice-Chair, and Secretary is one year shall be determined by a vote of the Board of Directors. The officers shall assume the duties of their offices upon being elected or appointed, as appropriate.

If any of the Chair, or Vice-Chair, or Secretary ceases to be a member of the Board of Directors, the Board of Directors shall elect or appoint a new officer at the next regular meeting of the Board of Directors held after the vacancy occurs.
b. Compensation. Officers are not entitled to compensation by the Authority. The Board may authorize reimbursement of expenses incurred by officers. c. Appointment/Contract. The Board may appoint such officers and may Item 3
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hire or contract with such persons or firms as it considers necessary to carry out the purposes of
this Agreement.

12. FISCAL YEAR. The first fiscal year of the Authority is July 1, 1999 through d. June 30, 2000.

8. Fiscal Year
Each subsequent fiscal year of the Authority shall begin on July 1st of a calendar year and end on June 30th of the next following calendar year.

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13 9. Operating Budget
a. BUDGET. The Board of Directors shall adopt an annual operating budget, which shall be
separate from the budget for any capital project of the Authority’s capital projects budget. The operating budget shall include the proposed contribution from each Member Entity for the fiscal year and other sources of income for the fiscal year.
b. The operating budget shall not be effective unless and until the governing body of each Member Entity has approvedapproves that Member Entity’s contribution to the operating budget.
c. A Member Entity contributions’s contribution shall become immediately due and payable to the Authority upon adoption of the annual operating budget, unless expressly provided otherwise in by the Board of Directors and approval of the Member Entity’s contribution to the budget by that Member Entity’s governing body.

10. Annual Audit and Audit Reports

14. ANNUAL AUDIT AND AUDIT REPORTS. The Board of Directors shall cause an annual financial audit to be made by an independent certified public accountant with respect to all Authority receipts, disbursements, other transactions, and entries into the books. A report of the financial audit shall be filed as a public record with each Member Entity. The audit shall be filed no later than as required by State law. The Authority shall pay the cost of the financial audit from its annual operating budget in the same manner as other administrative costs.

15. ESTABLISHMENT AND ADMINISTRATION OF FUNDS.

11. Establishment and Administration of Funds
a. Accountability. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It shall comply with every provision of law relating to the establishment and administration of funds, particularly Section 6505 of the Californiain particular, Government Code §6505. The funds shall be accounted for on a full accrual basis. b. Investment/Disbursement. The Authority shall receive and disburse funds only in accordance with policies and procedures established by the Board of Directors and in conformity with
applicable law.
c. Insurance/BondBonds. The Authority shall procure, carry and maintain, in full force and effect, at all times during the term of this Agreement, such insurance and bonds to protect the Authority and its members of the Board of Directors, officers, employees, agents, and Member Entities, as deemed appropriate by the Board of Directors. d. Depository and Auditor Controller. The Board of Directors shall designate one of its officers, employees or a third party to perform all acts required by Government Code Sections §6505 (regarding an annual audit), §6505.1 (regarding charge of and access to property), §6505.5 (regarding the depository and custodian of money), and §6505.6 (regarding independent audit where an officer or employee acts as treasurer, auditor, or both), as such laws are amended from time to time.
16 12. Withdrawal
a. WITHDRAWAL. Member Entities may withdraw from the Authority for Item 3
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subsequent fiscal years by providing written notice to the Authority and each Member Entity on or before May 1 of any fiscal year. Withdrawal shall be effective on July 1 of the next fiscal year. This shall be the exclusive means by which a Member Entity may withdraw from the Authority.
b. Any Member Entity that withdraws shall remain liable for any budget contributions or capital improvement project participation approved before withdrawal. c. Any Member Entity that withdraws shall remain liable for any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of that partyMember Entity’s performance or failure to perform the obligations assumed before the Member Entity withdraws from this Agreement. Any Member Entity that withdraws shall remain subject to the provisions of Paragraph 23. (Liability of the Authority; Release and Indemnity) paragraph 21. Indemnification with
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respect to any event or occurrence taking place before the Member Entity withdraws. 17 13. Expulsion
a. EXPULSION. The Authority may expel a Member Entity from the Authority by a four-fifths (4/5) vote of the Authority Board of Directors for a breach of this Agreement determined by the Board of Directors to be a material breach. b. Any Member Entity that has been exp elled pursuant to this paragraph shall have no further liability or obligation pursuant to this Agreement after the effective date of such expulsion; except such Member Entity shall remain liable for any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of that party’s performance or failure to perform the obligations assumed before the Member Entity was expelled, including any budget contributions or c apital improvement project participation approved before expulsion. c. Any Member Entity that has been expelled shall remain subject to the provisions of Paragraph 23. (Liability of the Authority; Release and Indemnity) paragraph 21. Indemnification with respect to any event or occurrence taking place before the Member Entity was expelled.

18. TERMINATION AND DISTRIBUTION.

14. Termination and Distribution
a. Termination. This Agreement shall continue until terminated. This Agreement may be terminated by the written consent of four-fifths (4/5) of the Member Entities; provided, however, this. The Agreement and the Authority shall continue to exist after termination for the purpose ofmay only be terminated after disposing of all claims, distribution of assets, and performance of all other functions necessary to conclude the obligationobligations and affairs of the Authority.
b. Surplus. In the event that the Authority is terminated, any surplus money on deposit in any fund or account of the Authority shall be returned in proportion to the contributions made as required by Section 6512 of the California Government Code Concluding Affairs.

The Board of Directors is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority, including for the disposition, division, or distribution of any property acquired as a result of t he joint exercise of powers.

19. NOTICES. Notices to each Member Entity under this Agreement are sufficient if mailed to its respective address on file with the Authority.
b. 20. PROHIBITION AGAINST ASSIGNMENT.
a. Surplus. In the event that the Authority is terminated, any surplus money on deposit in any fund or account of the Authority shall be returned to Member Entities in proportion to the contributions made to that fund or account, as required by Government Code §6512.
b. Property. All real property and any improvements thereon, that were owned by a Member Entity and contributed to the Authority shall be returned to the Member Entity, upon its approval, that contributed such property.
c. Member Entity Obligations. In no event shall any funds or assets be distributed, divided or returned to a Member Entity until such Member Entity has either paid their share of all outstanding debts and obligations that were incurred while they were a Member Entity, or executed a contract with the Authority to pay for all outstanding debts and obligations that were incurred while they were a Member Entity.

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15. Prohibition Against Assignment
No Member Entity may assign a
right, claim, or interest it may have under this Agreement, and any such assignment shall be void. No creditor, assignee, or third-party beneficiary of a Member Entity has a right, claim, or title to any part, share, interest, fund, or asset of the Authority.

16. Amendments

21. AMENDMENTS. This Agreement may only be amended by approval by the governing body for each and every Member Entity. A proposed amendment must be submitted to each Member Entity at least thirty (30) days in advance of the date when the Member Entity considers iton which it will be considered. An amendment is to be effective immediately unless otherwise designatedupon full execution by all Member Entities.

22. SEVERABILITY. If a portion, term, condition, or

17. Severability
If a court of competent jurisdiction holds any provision of this Agreement is determined by a court to be illegal or in conflict with the law of the State of California, or is otherwise rendered, unenforceable or ineffectual, or invalid in whole or in part for any reason, the validity and enforceability of the remaining portions, terms, conditions, and provisions is, or portions of them, will not be affected.

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23. LIABILITY OF THE AUTHORITY; RELEASE AND INDEMNITY, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

18. Indemnification
a. Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority, any Member Entity, any member of the Board of Directors, and each officer, employee and agent of the Authority or Member Entities, for their actions taken within the scope of their duties while acting on behalf of the Authority. The parties to this Agreement release each other and agree to hold each other harmless, as well as their officers and employees, for any loss or liability arising from their respective activities pursuant to this Agreement.

Except as otherwise provided herein, each party agrees to indemnity, defend b. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Member Entities pursuant to Government Code Section 895.6, the Member Entities agree that all losses or liabilities incurred by a Member Entity shall not be shared pro rata but, instead, the Member Entities agree that, pursuant to Government Code Section 895.4, each Member Entity hereto shall fully indemnify and hold harmlesseach of the other partiesMember Entities, their officers, agentsboard members, and employees, and agents, harmless from any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of that party’s performance or failure to perform the obligations assumed underclaim, expense or cost, damage or liability imposed for injury (as defined in Government Code 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Member Entity, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Member Entity pursuant to this Agreement. EachNo Member Entity agrees that legal counsel for any Member Entity may be designated by the Board to represent the Authority by performing legal services, including litigation, and that any potential conflict of interest arising from such representation shall be deemed waived, nor any officer, board member, employees, or agent thereof shall be responsible for any damage or liability occurring by reason of the Authority andnegligent acts or omissions or willful misconduct of the other Member Entity hereto, unless an actual adverse relationship exists between the Member Entity and the Authority with respect to the particular matter. The designation of legal counsel from a Member Entity shall be with the approval of that Member Entityits officers, board members, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such other Member Entity pursuant to this Agreement. The rights, duties, and obligations of the Member Entities as set forth above in this paragraph 21. Indemnification, survive completion, termination, expiration, and suspension of this Agreement.

19. Choice of Law and Venue

24. GOVERNING LAW. ThisThe Parties agree that this Agreement shallis to be governed by and, construed, and enforced in accordance with the laws of the State of California.

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25. COUNTERPART The Parties also agree that the venue of any litigation arising out of or connected with this Agreement will lie exclusively in the state trial court or Federal District Court located in Santa Clara County or San Mateo County in the State of California. The Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

20. Counterparts
This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument.

21. Agreement Complete

26. AGREEMENT COMPLETE. The foregoing constitutes the full and complete Agreement of the Member Entities. There are no oral understandings or agreements not set forth in writing herein.

22. No Third-Party Beneficiaries

27. NO THIRD-PARTY BENEFICIARIES. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity, other than the partiesParties hereto,
any legal or equitable right, remedy, or claim under or in respect of this Agreement or any covenants, conditions, or provisions contained herein.

23. Nonwaiver of Rights
The failure of either Party to this Agreement to object to or to take affirmative action with respect to any conduct of the other Party that is in violation of the terms of this Agreement will not be construed as a waiver thereof, or as waiver of any future breach or subsequent wrongful conduct.

24. Agreement Execution
Unless otherwise prohibited by law or policy of any Member Entity, the Member Entities agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying an electronic signature using technology in compliance with the Electronic Signature Act (California Civil Code §1633).

25. Equal Opportunity
a. Equal Opportunity Employer
Each of the Member Entities is an equal opportunity employer and requires their contractors to have and adhere to a policy of equal opportunity and non-discrimination, including that such contractors will comply with all applicable federal, state, local laws and regulations, and will not discriminate against any subcontractor, employee, or applicant for employment in the recruitment, hiring, employment, utilization, promotion, classification or reclassification, transfer, recruitment advertising, evaluation, treatment, demotion, layoff, termination, rates of pay or other forms of compensation, and selection for professional development training (including apprenticeship), or against any other person, on the basis of sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), race, religion, color, national origin (including language use restrictions), ancestry, religious creed (including religious dress and grooming practices), political affiliation, disability (mental and physical, including HIV or AIDS), medical condition (cancer and genetic characteristics), genetic Item 3
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information, marital status, parental status, gender, age (40 and over), pregnancy, military and veteran status, sexual orientation, gender identity and gender expression, the exercise of family and medical care leave, the exercise of pregnancy disability leave, or the request, exercise, or need for reasonable accommodation.
b. Compliance with Applicable Equal Opportunity Laws
All equal opportunity and non-discrimination policies of Member Entity contractors must be in conformance with applicable state and federal guidelines including the Federal Equal Opportunity Clause, 41 Code of Federal Regulations, Part 60-1, §60-1.4; Title VII of the Civil Rights Act of 1964 as amended; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (§503 and §504); the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.); the California Fair Employment and Housing Act (Government Code §12900 et. seq.); and California Labor Code §1101 and §1102. c. Investigation of Claims
Member Entity contractors must designate a specific position within its organization to be responsible for investigating allegations of non-compliance with the anti-discrimination and anti-harassment provisions of this Section 28. Contractors must conduct a fair, prompt, and thorough investigation of all allegations directed to the contractor by any Member Entity. In cases where such investigation results in a finding of discrimination, harassment, or hostile work environment, the contractor must take prompt, effective action against the offender.

26. Notices
Unless otherwise specified in this Agreement, all requests for written approval or legal notices must be sent to the representatives’ addresses on file with the Authority. All notices are deemed to have been given when made in writing and when delivered or mailed to the representatives at their respective addresses.

IN WITNESS WHEREOF, the partiesMember Entities hereto have executed this Agreement on the dates
as set forthfor the below.
[(SIGNATURES TO FOLLOW ON SEPARATE PAGES])
04/02/20 9
DATED: , 2020 CITY OF MENLO PARK
By:

Cecilia Taylor, Mayor
ATTEST:

By:

Judi Herren, City Clerk
APPROVE AS TO FORM:

Cara E. Silver
Interim City Attorney
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04/02/20 10
DATED: , 2020 CITY OF PALO ALTO
By:

Adrian Fine, Mayor
ATTEST:

By:

Beth Minor, City Clerk
APPROVE AS TO FORM:

Cassie Coleman
Assistant City Attorney
04/02/20 11
DATED: , 2020 CITY OF EAST PALO ALTO
By:

Regina Wallace-Jones, Mayor
ATTEST:

By:

Walfred Solorzano, City Clerk
APPROVE AS TO FORM:

Rafael Alvarado
City Attorney
04/02/20 12
DATED: , 2020 SANTA CLARA VALLEY WATER DISTRICT
By:

Nai Hsueh, Chair
ATTEST:

By:

Michele L. King, CMC, Board Clerk
APPROVE AS TO FORM:

District Counsel By
Leslie Orta
Senior Assistant District Counsel
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DATED: , 2023 CITY OF MENLO PARK
By:

Name
Mayor
ATTEST:

By:

Name
City Clerk
APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 CITY OF PALO ALTO
By:

Name
Mayor
ATTEST:

By:

Name
City Clerk
APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 CITY OF EAST PALO ALTO
By:

Name
Mayor
ATTEST:

By:

Name
City Clerk
APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 SANTA CLARA VALLEY WATER

DISTRICT
By:

John L. Varela
Chair, Board of Directors
ATTEST:

By:

Michele L. King, CMC
Clerk, Board of Directors
APPROVE AS TO FORM:

District Counsel
J. Carlos Orellana

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DATED: , 2023 SAN MATEO COUNTY FLOOD
AND

SEA LEVEL RISE RESILIENCY

DISTRICT
By:

Name
Chair, Board of Directors
ATTEST:

By:

Name
Clerk, Board of Directors
APPROVE AS TO FORM:

Brian Kulich
Lead Deputy County Counsel
General Counsel

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 5, 2023
Report #:2304-1277
TITLE
Approval of Construction Contract with O’Grady Paving, Inc. (C23187512) for the Churchill Avenue/Alma Street Railroad Crossing Safety Improvements Project, Capital Improvement Program Project PL-20000 in the amount of $2,265,340 and Authorization for the City Manager to Execute Change Orders up to $226,534; and CEQA status – exempt under CEQA Guidelines Section 15301(c)

RECOMMENDATION
Staff recommends that Council:

1. Approve and authorize the City Manager, or their designee to execute construction contract C23187512 with O’Grady Paving, Inc. in the amount of $2,265,340 for the Churchill Avenue/Alma Street Railroad Crossing Safety Improvements Project, Capital Improvement Program Project (PL-20000); and

2. Authorize the City Manager or their designee to negotiate and execute change orders to contract C23187512 with O’Grady Paving, Inc., the total value of which shall not exceed $226,534 for related, additional but unforeseen work that may arise.

BACKGROUND
The California Department of Transportation Division of Rail, in cooperation with the Peninsula Corridor Joint Power Board (also known as Caltrain or JPB) and the City of Palo Alto, proposed a railroad crossing improvement project at Churchill Avenue in Palo Alto. The intersection was identified by California Public Utilities Commission (CPUC) for safety improvements as part of Section 130 federal funding for hazard elimination on the railroad crossing. The final recommendations of the CPUC Rail Crossing Engineering Section staff for purposes of itemizing the safety improvements for the above noted at-grade railroad crossing, were developed by a diagnostic team. The diagnostic team analyzed the existing situation with respect to vehicular travel, bicycle travel, pedestrian pathways, and rail traffic, and determined that the identified improvements will improve safety and are eligible to be 100% funded by the Section 130 Program.

The Railway-Highway Crossings (Section 130) Program overseen by The US Department of Item 4
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Transportation Federal Highway Administration (FHWA) provides funds for the elimination of hazards at railway-highway crossings. The Section 130 Program has been correlated with a significant decrease in collisions and fatalities at railway-highway grade crossings. In August 2019, the California Department of Transportation’s (Caltrans) Division of Rail and Mass Transportation executed a Service Contract with the City of Palo Alto. This was regarded as a Notice to Proceed for the City to complete the work as outlined in the Service Contract.

On September 28, 2020, Council authorized a contract with BKF Engineers1 for the design of the Churchill Avenue and Alma Street Railroad Crossing Safety Improvement Plan, which includes preparation of concept plans, final design plans, and construction documents for intersection improvements at Churchill Avenue and Alma Street. Improvements include, but are not limited to, traffic signal modifications, sidewalk widening, high-visibility crosswalks, signing and striping, and pedestrian railroad crossing improvements. Concurrently with the above- described City project, JPB developed project plans for improvements within their right-of-way at this intersection. JPB and the City are coordinating the improvements at the intersection to ensure that each entity’s respective work items are compatible. JPB will be responsible for the majority of the construction and improvements within their right of way, and the City will manage the construction and improvements within the City’s right-of-way.

The objectives of the project are to improve safety, efficiency, and experience of the intersection and rail crossing for pedestrians, bicyclists, and motorists. As per the scope of improvements listed in the Service Contract with Caltrans, BKF Engineers in consultation with City staff, developed two alternative concept plans. On May 3, 20212, Council reviewed the two concept plan alternatives for the near-term safety improvements to the Alma Street and Churchill Avenue intersection and recommended alternative #1 as a preferred alternative and directed staff to complete final design plans, environmental analysis, specifications, and estimates for construction.

ANALYSIS
Project Description
Staff recommends approval of Construction Contract No. C23187512.3 This scope of work includes installation of a pre-signal for eastbound traffic on Churchill, installation of new traffic signals at the intersection, modifications to the signal timing, and pedestrian and bicyclist improvements including enlarged pedestrian queuing areas, a widened pedestrian railroad 1 City Council, September 28, 2020, Agenda Item #4, SR #11497 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020-2/id-11497.pdf?t=58177.19
2 City Council, May 3, 2021, Agenda Item #10, SR #12062 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12062.pdf
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crossing area, advanced stop bars, improved bike lane markings, and high visibility crosswalks.

A project map can be seen in Attachment A.

Procurement Process
On February 28, 2023, an Invitation for Bids (IFB) for the Churchill Avenue/Alma Street Railroad Crossing Safety Improvements Project was posted on Planet Bids, the City’s eProcurement system. The bidding period was 30 calendar days. The City received one (1) bid from a qualified contractor on March 30, 2023 as listed on the attached Bid Summary (Attachment B).

Summary of Procurement Process
Bid Name/Number
Churchill Avenue/Alma Street
Railroad Crossing Improvements
Project IFB #187512
Proposed Length of Project 120 calendar days
# of Bid Packages Downloaded by Builder’s Exchanges 2
# of Bid Packages Downloaded by Contractors 16
Total Days to Respond to Bid 30
Pre-Bid Meeting? Yes
# of Bids Received 1
Bid Price Range $2,265,340
Public Link to Solicitation https://pbsystem.planetbids.com/p ortal/25569/bo/bo-detail/102731
The bid price of $2,265,340 is 29% above the engineer’s estimate of $1,752,965. Staff has reviewed the bid and recommends the bid amount of $2,265,340 submitted by O’Grady Paving, Inc., be accepted, and that O’Grady Paving, Inc. be declared the lowest responsible bidder. The construction contingency amount of $226,534, which equals approximately 10 percent of the contract value, is requested for related, additional, but unforeseen work which may arise during the project, implemented via City-approved Change Order.

As a specific capital improvement project, there are no prior contracts to compare these costs to. However, staff reviewed information and similar projects performed by the lowest bidder - O’Grady Paving, Inc. - and found them to be the lowest responsive and responsible bidder. Staff also checked with the Contractor's State License Board and confirmed the contractor has an active license on file. As with most federally-funded projects, a mandatory pre-bid meeting was required. Only two contractors attended the pre-bid meeting. Staff believes there may been low contractor interest in the project due to the complexities of working near the Caltrain right- of-way, and the requirement to work during the busy summer construction season. In addition, as a federally-funded contract it involves a high level of compliance reporting for a relatively small contract. Given the grant deadline of December 2023 for completing the project, staff recommends awarding the contract to O’Grady Paving, Inc.

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FISCAL/RESOURCE IMPACT
Funding for this contract is available in the Fiscal Year 2023 Adopted Capital Improvement Program budget for the Churchill Avenue/Alma Street Railroad Crossing Safety Improvements project (PL-20000). This railroad crossing intersection was identified through the Federal Section 130 funds, a federally funded program administered by the states (Caltrans administers this is in California), for increasing safety at at-grade highway-rail crossings.

As per the agreement between the City of Palo Alto and the California Department of Transportation (Caltrans) Division of Rail and Mass Transportation, Service Contract No. 75LX335, the City will receive federal funding through the Section 130 Grade Crossing Improvement Program on a reimbursement basis. The reimbursement amount of up to $3,996,000 is available for reimbursement from the Section 130 Program for all work to be completed as part of the project. The existing design contract with BKF Engineers is for $286,686.

STAKEHOLDER ENGAGEMENT
The project design team has been conducting monthly stakeholder check-in meetings since October 2020, to give the pertinent stakeholders updates on the project’s progress, and provide a forum for the design team, City, and stakeholders to discuss and coordinate the proposed improvements. The stakeholders that are involved with the monthly meeting include:
• Design team - BKF Engineers, Hexagon Transportation Consultants, Callander Associates • The City of Palo Alto
• Caltrans
• The California Public Utilities Commission (CPUC)
• Caltrain/JPB
City staff has also been coordinating internally with another City project, the “Churchill Avenue Enhanced Bikeway project” which is nearly complete with design and will extend the bike path along Churchill Avenue from Castilleja Avenue/Paly Road to Stanford Perimeter Trail.

Various outreach and coordination meetings have been conducted to educate the community on the project objectives, solicit site-specific feedback on existing issues, understand existing community concerns, and coordinate improvements with entities that operate and oversee the nearby railroad facilities. These meetings include two community meetings held on January 21 and November 16, 2021, as well as meetings with Palo Alto Pedestrian and Bicycle Committee, City School Traffic Safety Committee, and Planning and Transportation Commission during the design process.

Extensive public outreach will be conducted during the construction phase to keep the community informed throughout the process, including flyers sent to adjacent residences and businesses, and notices posted online on Nextdoor and the City’s website.

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ENVIRONMENTAL REVIEW
This project is environmentally cleared with FHWA obligation and Caltrans have completed the National Environmental Policy Act (NEPA) process and determined that this project is a NEPA CE (Categorical Exempt).

Given the nature of the proposed improvements for the project (safety improvements to an existing intersection), this project qualifies for a Class 1 Categorical Exemption under California Environmental Quality Act (CEQA) Guidelines Section 15301. The Class 1 exemption covers minor alterations to existing facilities. City staff has filed for CEQA Notice of Exemption (NOE) with Santa Clara County.

ATTACHMENTS
Attachment A: Project Map
Attachment B: Bid Summary
APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
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ALMA

CHURCHILL

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tbotkin, 2023-04-11 08:46:59
(\\cc-maps\Encompass\Admin\Meta\View.mdb)
This document is a graphic representation only of best available sources.

The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto Item 4
Attachment A - Project Map

Item 4: Staff Report
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CHURCHILL AVENUE/ALMA STREET RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT Bid Summary

UNIT COST TOTAL COST UNIT COST TOTAL COST
1 Mobolization: 1L S $ 300,000.00 300,000.00$ $ 255,000.00 255,000.00$ 2 Caltrain ROW Coordination: 1 LS $ 50,000.00 50,000.00$ $ 60,000.00 60,000.00$ 3 Traffic Control: 1L S $ 175,000.00 175,000.00$ $ 225,000.00 225,000.00$ 4 Demolition: 1L S $ 75,000.00 75,000.00$ $ 200,000.00 200,000.00$ 5 Clear and Grubbing: 1 LS $ 5,000.00 5,000.00$ $ 50,000.00 50,000.00$ 6 Erosion Control: 1L S $ 15,000.00 15,000.00$ $ 30,000.00 30,000.00$ 7 Tree Preservation: 1L S $ 2,500.00 2,500.00$ $ 12,000.00 12,000.00$ 8 Handrail: 80 LF $ 150.00 12,000.00$ $ 200.00 16,000.00$ 9 2" Grind and Overlay: 26,840 SF $ 10.00 268,400.00$ $ 8.00 214,720.00$ 10 Asphalt Deeplift: 200 SF $ 8.50 1,700.00$ $ 50.00 10,000.00$ 11 Inert Recycle Construction Materials: 400 TON $ 20.00 8,000.00$ $ 30.00 12,000.00$ 12 6" Vertical Curb and Gutter: 180 LF $ 80.00 14,400.00$ $ 250.00 45,000.00$ 13 6" Vertical Curb: 20 LF $ 60.00 1,200.00$ $ 100.00 2,000.00$ 14 Sidewalk Concrete: 1,950 SF $ 20.00 39,000.00$ $ 70.00 136,500.00$ 15 Curb Ramp: 6E A $ 8,000.00 48,000.00$ $ 13,000.00 78,000.00$ 16 Relocate Backflow Preventer: 1 EA $ 4,500.00 4,500.00$ $ 9,000.00 9,000.00$ 17 Utility Box Adjustment: 1 EA $ 2,500.00 2,500.00$ $ 1,500.00 1,500.00$ 18 Storm Drain Catch Basin" 1 EA $ 5,000.00 5,000.00$ $ 10,000.00 10,000.00$ 19 8" PVC Storm Drain Line: 9 LF $ 175.00 1,575.00$ $ 500.00 4,500.00$ 20 Sign Adjustment: 1E A $ 150.00 150.00$ $ 750.00 750.00$ 21 New Regulator Signage: 1 EA $ 350.00 350.00$ $ 600.00 600.00$ 22 Striping - Caltrans Detail 1 125 LF $ 5.00 625.00$ $ 3.00 375.00$ 23 Striping - Caltrans Detail 8 370 LF $ 5.00 1,850.00$ $ 3.00 1,110.00$ 24 Striping - Caltrans Detail 21: 80 LF $ 8.00 640.00$ $ 10.00 800.00$ 25 Striping - Caltrans Detail 22: 230 LF $ 10.00 2,300.00$ $ 12.00 2,760.00$ 26 Striping - Caltrans Detail 27B: 70 LF $ 5.00 350.00$ $ 5.00 350.00$ 27 Striping - Caltrans Detail 38: 70 LF $ 8.00 560.00$ $ 7.00 490.00$ 28 Striping - Caltrans Detail 38A: 50 LF $ 8.00 400.00$ $ 7.00 350.00$ 29 Striping - Caltrans Detail 39: 710 LF $ 5.00 3,550.00$ $ 5.00 3,550.00$ 30 12" Yellow Crosswalk Stripe: 280 LF $ 10.00 2,800.00$ $ 10.00 2,800.00$ 31 24" Yellow Ladder Crosswalk: 450 LF $ 15.00 6,750.00$ $ 20.00 9,000.00$ 32 24" White Stop Line: 40 LF $ 15.00 600.00$ $ 20.00 800.00$ 33 12" White Stop Line: 80 LF $ 10.00 800.00$ $ 10.00 800.00$ 34 4" White Stripe: 45 LF $ 3.00 135.00$ $ 3.00 135.00$ 35 6" White Stripe: 250 LF $ 5.00 1,250.00$ $ 5.00 1,250.00$ 36 Thermoplastic Pavement Marking: 1,010 SF $ 8.00 8,080.00$ $ 20.00 20,200.00$ 37 Green Thermoplastic Bike Lane: 1,100 SF $ 20.00 22,000.00$ $ 30.00 33,000.00$ 38 Traffic Signal: 1L S $ 500,000.00 500,000.00$ $ 400,000.00 400,000.00$ 39 Traffic Control Assembly: 1 LS $ 30,000.00 30,000.00$ $ 100,000.00 100,000.00$ 40 Service Equipment: 1 LS $ 10,000.00 10,000.00$ $ 15,000.00 15,000.00$ 41 Push Button Assembly Post: 2 EA $ 5,000.00 10,000.00$ $ 5,000.00 10,000.00$ 42 Traffic Signal Box: 12 EA $ 500.00 6,000.00$ $ 2,500.00 30,000.00$ 43 Traffic Signal Conduit and Conductors: 1 LS $ 100,000.00 100,000.00$ $ 240,000.00 240,000.00$ 44 Loop Detector Replacement: 1 LS $ 15,000.00 15,000.00$ $ 20,000.00 20,000.00$ 1,752,965.00$ 2,265,340.00$
% Over/Under Engineer's estimate 29%
O'Grady Paving, Inc.

Base Bid Total (Items 001 through 044)
BID ITEM BASE - DESCRIPTION APPROX. QTY UNIT ENGINEER'S ESTIMATE Item 4
Attachment B - Bid
Summary

Item 4: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 5, 2023
Report #:2304-1382
TITLE
Adoption of a Resolution for Senate Bill 1, the Road Repair and Accountability Act, for Fiscal Year 2024, Providing the Project List for the Street Maintenance Project, Capital Improvement Program Project PE-86070; CEQA Status – Not a Project

RECOMMENDATION
Staff recommends that Council adopt the attached resolution (Attachment A) for Fiscal Year 2024, providing a project list funded by Senate Bill 1, the Road Repair and Accountability Act.

BACKGROUND/ANALYSIS
Senate Bill 1 (SB 1) established the Road Maintenance and Rehabilitation Account (RMRA) in 2017 to address deferred maintenance on the state highway and local streets and roads systems, with funding to be approved annually. Palo Alto's RMRA funding estimate for Fiscal Year 2023-2024 is $1,693,336. SB 1 funding requires that Council approve a resolution providing a project list that includes four components:
•Project description;
•The locations of each proposed project;
•Schedule for completion; and
•Estimated useful life of improvement.

The adopted resolution must be sent to the California Transportation Commission by July 1, 2023. Staff recommends the RMRA funding for Fiscal Year 2024 be recognized in the Gas Tax Fund and transferred to the Capital Improvement Fund to be added to the Street Maintenance Project, Capital Improvement Program project PE-86070. This funding recommendation is included in the Fiscal Year 2024 Proposed Capital Budget.

The SB 1 funding supported the City's goal of achieving an average citywide Pavement Condition Index (PCI) of 85 by 2019 with no street having a PCI less than 60. The City reached the 85 PCI goal in December 2018, and the additional funding helps enable the City to address streets that still have PCI scores less than 60. The funding will be used on the Fiscal Year 2024 Item 5
Item 5 Staff Report

Item 5: Staff Report
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Asphalt Paving Project for the streets shown in Attachment B. Work on this project is anticipated to be completed by summer 2024. An award of construction contract is anticipated to be brought to Council for approval in fall 2023. The estimated useful life of a street overlay is 30 years.

The City uses StreetSaver, the Metropolitan Transportation Commission’s (MTC) pavement management system which is used by almost all Bay Area jurisdictions. The Pavement Condition Index (PCI) is calculated by evaluating a sample pavement section on each block for different ratings variables from mild to severe – including raveling, potholes, amount of trenches, base failures, etc. These factors are entered into the StreetSaver program and a PCI is calculated. All staff who evaluate street conditions and pavement distresses have multiple years of experience and have been trained by MTC.

While staff uses the PCI scores to prioritize streets, staff also takes into consideration additional information including coordination with Utilities projects and Office of Transportation planned striping improvements, and whether the street has bike lanes or is a bicycle boulevard. Staff also tries to group multiple streets in a neighborhood whenever possible, so that construction is not occurring over multiple years if it can be avoided. Additionally, each block has its own estimated repair cost, which impacts how many streets can be in each project given the amount of funding each year.

FISCAL/RESOURCE IMPACT
Monthly appropriations from the State Controller's Office will begin in July 2023 for Palo Alto's Fiscal Year 2024 RMRA funding. Ongoing funding is estimated to be $1.4 million annually. The $1,693,336 in SB 1 funding for FY 2024 is recommended to be appropriated in the Street Maintenance capital project (PE-86070) as part of the FY 2024 Proposed Capital Budget and subject to the City Council’s adoption of the FY 2024 Capital Budget, currently scheduled for June 19, 2023. Funding from RMRA in future fiscal years will be recognized and appropriated as part of the annual Capital Improvement Program budget process.

STAKEHOLDER ENGAGEMENT
All streets have been coordinated with the City’s Utilities Department and the Office of Transportation to minimize the cutting of newly resurfaced streets. Additionally, staff reviews the proposed five-year paving plan streets annually with the Pedestrian and Bicycle Advisory Committee (PABAC), with an emphasis on the streets included in the first year of the plan.

Recognizing the importance of bicycle safety as a factor in selecting the streets for the annual repaving project, staff additionally reviewed the five-year paving plan with PABAC’s Repaving Subcommittee in April 2023.

Item 5
Item 5 Staff Report

Item 5: Staff Report
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ENVIRONMENTAL REVIEW
The adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus no environmental assessment under the California Environmental Quality Act is required.

ATTACHMENTS
Attachment A: SB1 FY2024 Resolution
Attachment B: FY2024 Project Street List
APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
Item 5
Item 5 Staff Report

Item 5: Staff Report
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*NOT YET APPROVED* Attachment A
1 0007_20230519_mv30
Resolution No. ______
Resolution of the Council of the City of Palo Alto to Adopt a List of Projects for Fiscal Year 2023-2024 Funded by SB 1: The Road Repair and Accountability Act of 2017

R E C I T A L S

A. Senate Bill 1 (SB 1) , the Road R epair and Ac countability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transporta tion funding shortfalls statewide; and
B. SB 1 i ncludes accounta bility an d transparency provisions that will ensure the residents of the City of Palo Alto (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and C. The City m ust adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each propos ed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and D. The City, will receive an estimated $1,693,336 in RMRA funding in Fiscal Year 2023-2024 from SB 1; and
E. This is the sixth year in which the City is receiving SB 1 funding which enables the City to continu e essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and F. The City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high- priority and cost -effective projec ts that also meet the community’s priorities for transportation investment; and G. The funding from SB 1 will help the City maintain and rehabilitate various streets throughout the City this year and many similar projects into the future; and H. The 2018 California Statewide Local Streets and Roads Ne eds Assessment found that the Ci ty’s st reets and ro ads are in “ excellent” condition and this revenue will help us maintain the overall quality of our road system and implement complete streets projects over the next decade; and
I. The SB 1 project list and o verall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:

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Attachment A - SB1
FY2024 Resolution

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SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City of Palo Alto hereby adopts the following list of streets planned to be funded in-part o r solely with fiscal year 20 23-2024 with Road Maint enance and Rehabilitation Account revenues:

FY 2024 Street Resurfacing Project includes pavement repair, sidewalk, curb and gutter replacement, upgraded curb ramps, and street paving. The following streets are included in the FY2024 Street Res urfacing Pro ject: Acacia Avenue (El Camino Real to Angle), Barron Avenue (Whitsell Avenue to La Donna Avenue), Cowper Street (Churchill Avenue to Coleridge Avenue), Fielding Drive (Fielding Drive to End), Fielding Drive (Moreno Avenue to Fielding Cul -de-Sac), James Road (El Camino Way to Wilkie Way), Lane 6 East (High Street to Emerson Street), Leland Avenue (Birch Street to Park Blvd), Morris Drive (Maddux Drive to Greer Road), Ramona Street (Everett Street to Lytton Avenue), Ramona Street ( Lytton Avenue to University Avenue), San Antonio Road (Narrow to Divider ), San Antonio Road (Divider to East Bayshore R oad), San Antonio R oad (East Bayshore Road to Metering Station ), San Antonio Avenue ( San Antonio Avenue to Transport Street), Un-named Lane (Cedar Street to Newell Road), University Avenue (Middlefield R oad to Fulton Street), University Avenue (Fulton Street to Guinda Street ), University Avenue (Guinda Street to Seneca Street), University Avenue (Seneca Street to Hale Street), University Avenue (Hale Stre et to Chaucer Street) , Washington Avenue (Waverley Street to Co wper Street, Washington Ave nue (Cowper Street to End), Waverley Street (Lytton Avenue to University Avenue), and Waverley Street (Hawthorne Avenue to Everett Avenue) .

The estimated useful life is 30 years. Construction of FY2024 Street Resurfacing Project will start in Fall 2023 and be completed in Summer 2024.
//

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Attachment A - SB1
FY2024 Resolution

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SECTION 3. The Council f inds that the adoption o f this resolution does not meet the definition of a project under P ublic Resources Co de Section 2 1065, thus no environmental assessment under the California Environmental Quality Act is required.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

__________________________ _____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

__________________________ _____________________________ Assistant City Attorney City Manager

_____________________________
Director of Public Works

_____________________________
Director of Administrative Services
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FY2024 Resolution

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FY2024 OVERLAY LIST
Street From Street To Street PCI
Acacia Avenue El Camino Real Angle 53
Barron Avenue Whitsell Avenue La Donna Avenue
Cowper Street Churchill Avenue Coleridge Avenue 30
Fielding Drive Fielding Drive End 47
Fielding Drive Moreno Avenue Fielding Cul‐de‐Sac 50
James Road El Camino Way Narrow 38
James Road Narrow Wilkie Way 45
Lane 6 East High Street Emerson Street 36
Leland Avenue Birch Street Park Boulevard 55
Morris Drive Maddux Drive Greer Road 49
Ramona Street Everett Street Lytton Avenue 58
Ramona Street Lytton Avenue University Avenue 33
San Antonio Road Narrow Divider 7
San Antonio Road Divide rE . Bayshore Road 1 0
San Antonio Road E.

Bayshore Road Metering Station 30
San Anonio Avenue San Antonio Avenue Transport Street 45 Un Named Lane Cedar Street Newell Road
University Avenue Middlefield Road Fulton Street 30
University Avenue Fulton Street Guinda Street 50
University Avenue Guinda Street Seneca Street 35
University Avenue Seneca Street Hale Street 35
University Avenue Hale Street Chaucer Street 59
Washington Avenue Waverley Street Cowper Street 38
Washington Avenue Cowper Street End 37
Waverley Street Lytton Avenue University Avenue 56
Waverley Street Hawthorne Avenue Everett Avenue 52
Average PCI: 40
FY 2024 Overlay (July 2023 ‐ June 2024)
1 of 1

ATTACHMENT B
Item 5
Attachment B - FY2024
Project Street List

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Auditor
Meeting Date: June 5, 2023
Report #:2305-1429
TITLE
Approval of Office of City Auditor Task Order Change - 4.08 Public Safety Building-Construction Audit, as recommended by the Policy and Services Committee.

RECOMMENDATION
The City Auditor and the Policy & Services Committee recommend that the Policy & Services Committee recommend City Council approve the change to the Task Order 4.08 Public Sector Building-Construction Audit.

DISCUSSION
Task Order FY21-4.8 was to perform monthly construction audit testing for the General Contractor, Construction Manager, Architect and Waterproofing Inspector through project closeout. The original audit project schedule did not extend through the entire construction process, and anticipated completion of the audit prior to June 30, 2023. Construction completion is currently anticipated during December 2023. The current task order expires on June 30, 2023.

There are currently several minor audit issues which need to be resolved prior to closeout. In addition, the proposed closeout testing includes a final reconciliation of the contract values for each of the contractors under that scope of this audit to confirm those contract values are calculated correctly and in accordance with the respective contract documents.

The current amendment is for the additional hours required to complete this testing. Based on anticipated construction completion in December 2023, the audit is expected to conclude by March 2024. This allows time for the City and the respective contractors to provide any billings and applicable audit documentation subsequent to project completion.

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Amendment Estimate:

The OCA estimated that the additional time required to complete the audit of the Public Safety Building through project completion would be 87 hours, which would cost $19,734. The total revised audit hours and budget are 507 hours and $102,234, respectively. The additional budget of $19,734 will be supplemented from the budgets for one of the remaining audits, Long Range Planning, listed in the approved FY23 Audit Plan.

The updated information is included in the attached modified Task Order 4.08.

FISCAL/RESOURCE IMPACT
The change is within both the approved scope and compensation of the contract with Baker Tilly and funding levels in the FY 2023 Operating Budget for the Office of the City Auditor.

STAKEHOLDER ENGAGEMENT
The OCA coordinated with the Public Works Department to determine the appropriate timeline for completing the audit procedures based on the estimated completion of the Public Safety Building project.

ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the audit activities do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4).

ATTACHMENTS
Attachment A: TASK ORDER FY21-24-04.08 Public Safety Bldg (Modified) APPROVED BY:

Adriane D. McCoy, City Auditor
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PROFESSIONAL SERVICES TASK ORDER
TASK ORDER 04.08 Public Safety Building-Construction Audit (Modified) Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.

CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)

1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): C21179340 1B. TASK O RDER NO.: FY21-001

2. CONSULTANT NAME: Baker Tilly US, LLP

3. PERIOD OF PERFORMANCE: START: March 1, 2021 COMPLETION: June 30, 2023 March 31, 2024
4 TOTAL TASK ORDER PRICE: $82,500 102,234

BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD

5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________

6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:

Greg Tanaka, Chair of the City Council’s Policy and Services Committee

7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
 SERVICES AND DELIVERABLES TO BE PROVIDED
 SCHEDULE OF PERFORMANCE
 MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)

8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A

I hereby authorize the performance of the
work described in this Task Order.

APPROVED:

CITY OF PALO ALTO

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.

APPROVED:

COMPANY NAME: ______________________

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

Item 6
Attachment A - TASK
ORDER FY21-24-04.08
Public Safety Bldg
(Modified)

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Attachment A

DESCRIPTION OF SCOPE OF SERVICES

Introduction

Attachment A, the Description of Scope of Services, contains the following four (4) elements:

 Services and Deliverables To Be Provided
 Schedule of Performance
 Maximum Compensation Amount and Rate Schedule (As Applicable)  Reimbursable Expenses, if any (With “Not To Exceed” Amount) Services & Deliverables

Baker Tilly’s approach to conducting the Public Safety Building construction audit involves three (3) primary steps:

 Step 1: Project Planning & Management
 Step 2: Monthly Monitoring
 Step 3: Reporting

Step 1 – Project Planning & Management
This step includes those tasks necessary to solidify mutual understanding of the construction audit scope, objectives, deliverables, and timing as well as ensuring that appropriate client and consultant resources are available and well-coordinated. Tasks include:

 Conduct a formal kick off meetings with the City, the Construction Manager, Architect and Waterproofing Inspector.
 Formalize the communication plan, reporting formats, status update schedule and deliverable milestone schedule
 Distribute initial document request and check list
 Review the contract documents related to each provider to identify key terms and develop a specific testing program for each contract

Step 2 – Monthly monitoring
During this step we will review monthly invoices from the Construction Manager, Architect and Waterproofing Inspector. We will focus on the following areas:

 Monthly invoice review
 Change order testing
 Contingency and allowance testing
 Lien waiver control
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Public Safety Bldg
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 Compliance with insurance requirements
 Closeout testing
 Verify the City’s implementation and adherence to documented project controls

Step 3 – Reporting
We will prepare a monthly status update reflecting the testing performed during the current period and planned testing for the subsequent period(s). The monthly status update will also reflect any current audit issues, the status of any previously identified issues and any open requests for documentation. At the completion of the project, we will provide a final report detailing all procedures performed along with any observations and the applicable resolutions or recommendations.

Deliverables:

The following deliverable will be prepared as part of this engagement:
 Written monthly status updates as described in Step 3  Final report as described in Step 3

Schedule of Performance

Anticipated Start Date: March 1, 2021
Anticipated End Date: June 30, 2023 March 31, 2024

Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum for this Task is $102,234 82,500. The not-to-exceed budget is based on an estimate of 420 507 total project hours to be completed by Baker Tilly.

Reimbursable Expenses
We plan to complete the majority of the work remote including all required meetings and documentation review. If conditions allow, Baker Tilly will perform site visits once per year around key project milestones. Our travel expenses will be billed separately at actual cost. We will submit an estimate of our reimbursable expenses for the City’s approval prior to traveling to Palo Alto.

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Attachment A - TASK
ORDER FY21-24-04.08
Public Safety Bldg
(Modified)

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Auditor
Meeting Date: June 5, 2023
Report #:2305-1430
TITLE
Approval of Office of City Auditor Task Order Change - FY23-05 Various Reporting & City Hotline, as recommended by the Policy and Services Committee.

RECOMMENDATION
The City Auditor and the Policy & Services Committee recommend that the Policy & Services Committee recommend City Council approve the change to the Task Order FY23-05 Various Reporting & City Hotline.

DISCUSSION
In accordance with our agreement with the City, Baker Tilly is required to conduct recurring activities each year. Task 5 is one of those recurring activities and described in our agreement as follows:

Task 5. Preparation of Quarterly Reports, Annual Status Report, Provision of City Hotline, and Other Ongoing Office Administrative Functions
The current contract, Amendment NO.1, includes the budget schedule for FY2022-23, FY2023- 24 and FY2024-25 that shows a budget amount of $60,000 each year for Task 5. The main activities related to this task have been meetings with management and City Council members and preparing staff reports for City Council and Committee meetings. However, Baker Tilly needs to perform other activities normally performed by the Internal Audit function, namely, engagement project management and annual audit plan monitoring. Additionally, in recent months, Baker Tilly started spending more time on the City Hotline-related activities. It is expected to have more activities at least for the next few months.

To cover the hours and costs that will occur for the next few months, the budget allocated to the remaining two audits listed in the approved FY23 Audit Plan, Long Range Planning and ADA Compliance, need to be applied to Task 5. Baker Tilly proposed some of the budget for Long Range Planning to be applied to Task Order 4.20 Procurement Process Review ($19,350) and Item 7
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Task Order 4.08 Public Safety Building ($19,734). The remaining amount of $43,416 for Long Range Planning and the budgeted amount of $61,500 for ADA Compliance, totaling $104,916, can be applied to Task 5. This will result in the total task order amount of $164,916 for the 621 project hours.

The updated information is included in the attached modified Task Order FY23-05.

STAKEHOLDER ENGAGEMENT
No stakeholder outreach was necessary for this report, as it is an internal decision made by the OCA the reallocate resources for audit functions.

ATTACHMENTS
Attachment A: TASK ORDER FY23-05 Various Reporting & City Hotline (Modified) APPROVED BY:

Adriane D. McCoy, City Auditor
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PROFESSIONAL SERVICES TASK ORDER
TASK ORDER FY23-05 Various Reporting & City Hotline (Modified) Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.

CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)

1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): C21179340 1B. TASK O RDER NO.: FY23-005

2. CONSULTANT NAME: Baker Tilly US, LLP

3. PERIOD OF PERFORMANCE: START: July 1, 2022 COMPLETION: June 30, 2023 4 TOTAL TASK ORDER PRICE: $60,000 164,916

BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD

5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________

6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:

Greg Tanaka, Chair of the City Council’s Policy and Services Committee

8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A

I hereby authorize the performance of the
work described in this Task Order.

APPROVED:

CITY OF PALO ALTO

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.

APPROVED:

COMPANY NAME: ______________________

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

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Attachment A - TASK
ORDER FY23-05 Various
Reporting & City Hotline
(Modified)

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Attachment A

DESCRIPTION OF SCOPE OF SERVICES

Introduction

Attachment A, the Description of Scope of Services, contains the following four (4) elements:

Baker Tilly will provide the following services in Task 5:

 Quarterly Reports
 Annual Status Report
 Provision of the City Hotline
 Office Administrative Functions
 Engagement project management
 Annual audit plan monitoring

Deliverables:

Legislative documents will be prepared to present the financial statements and reports prepared by an external auditor to the Finance Committee  Quarterly Reports (4 in FY23)
 Annual Status Report
Schedule of Performance

Anticipated Start Date: July 1, 2022
Anticipated End Date: June 30, 2023
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this Task is $164,916 60,000. The not-to-exceed budget is based on an estimate of 185 621 total project hours, of which 135 376 are estimated to be completed by the City Auditor.

Reimbursable Expenses
Baker Tilly anticipates planning one on-site fieldwork week. Given this possibility, Baker Tilly Item 7
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ORDER FY23-05 Various
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could incur reimbursable expenses for this Task.

The not-to-exceed maximum for reimbursable expenses for this Task is $28,400.

The following summarizes anticipated reimbursable expenses:
 Round-trip Airfare – $6,700 (10 round trip flights)
 Ground Transportation (car rental or Uber/taxi) - $6,700  Hotel accommodation - $10,000 (40 nights)
 Food and incidentals – $5,000

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ORDER FY23-05 Various
Reporting & City Hotline
(Modified)

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Auditor
Meeting Date: June 5, 2023
Report #:2305-1428
TITLE
Approval of Office of City Auditor Task Order Change - 4.20 Procurement, as recommended by the Policy and Services Committee.

RECOMMENDATION
The City Auditor and the Policy & Services Committee recommend that the City Council approve the change to the Task Order 4.20 Procurement Process Review.

ANALYSIS
The Office of the City Auditor (OCA) presented Task Order 4.20 – Procurement Process Review and the task order was approved by the Policy and Services Committee on February 28, 2023 and accepted by the City Council during the City Council meeting on March 13, 2023.

During the Policy and Services Committee meeting on February 28, 2023, the Policy and Services Committee (Committee) wanted to make sure the concerns in the following areas are covered by the Procurement Process Review proposed by the OCA:
•Efficiency of the procurement process
•Competition in the bidding process
•Gifts and gratuities from the vendors
•Information provided to the City Council in the contract approval process The Committee approved the motion to reevaluate if there is sufficient budget to address these areas for Task Order 4.20.

The approved Task Order 4.20 listed the following preliminary audit objectives:

1. Determine whether adequate controls are in place and working effectively to ensure that the appropriate vendors are selected properly to achieve desired objectives.

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2. Identify the opportunities to improve the efficiency and effectiveness of the procurement process.

The OCA updated the preliminary objectives to clarify them to address the Committee’s specific concerns. The updated objectives that are included in the modified Task Order 4.20 are as follows:

1. Determine whether needs assessment, budgeting, solicitation, and vendor selection processes are efficient, effective, and transparent to ensure value for money and fair competition.

2. Determine whether the procurement process is valid through proper approvals, adequate segregation of duties, and compliance with applicable laws, regulations, and the City's policies.

3. Determine whether technology is used appropriately and effectively to enhance integrity, efficiency, transparency of the procurement process and to ensure consistency and validity of the relevant information and data.

4. Identify the opportunities to improve the efficiency and effectiveness in the procurement process.

The OCA estimated that the audit procedures to achieve the updated audit objectives would take additional 100 hours and $19,350. The total revised audit hours and budget are 450 hours and $80,900, respectively. The additional budget of $19,350 will be supplemented from the budgets for one of the remaining audits, Long Range Planning, listed in the approved FY23 Audit Plan.

Due to the fiscal year-end schedule of the Procurement team in June 2023, the OCA’s fieldwork phase of this audit will need to start in July 2023 although the planning phase can start in June 2023. Therefore, the period of performance is to be changed to start in June 2023 and end in December 2023.

The updated information is included in the attached modified Task Order 4.20.

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STAKEHOLDER ENGAGEMENT
The OCA coordinated with the procurement team in the Administrative Services Department to determine the appropriate timeline for planning and executing the audit procedures for the associated audit report.

ATTACHMENTS
Attachment A: TASK ORDER FY23-4.20 Procurement Process Review (Modified) APPROVED BY:

Adriane D. McCoy, City Auditor
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PROFESSIONAL SERVICES TASK ORDER
TASK ORDER FY23-4.20 Procurement Process Review
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.

CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)

1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): C21179340 1B. TASK O RDER NO.: FY23-4.20

2. CONSULTANT NAME: Baker Tilly US, LLP

3. PERIOD OF PERFORMANCE: START: March 1, 2023 June 1, 2023 COMPLETION: September 30, 2023 December 31, 2023
4 TOTAL TASK ORDER PRICE: $61,550 80,900

BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD

5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________

6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:

Greg Tanaka, Chair of the City Council’s Policy and Services Committee

8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A

I hereby authorize the performance of the
work described in this Task Order.

APPROVED:

CITY OF PALO ALTO

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.

APPROVED:

COMPANY NAME: ______________________

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

Item 8
Attachment A - TASK
ORDER FY23-4.20
Procurement Process
Review (Modified)

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Attachment A

DESCRIPTION OF SCOPE OF SERVICES

Introduction

Attachment A, the Description of Scope of Services, contains the following four (4) elements:

Baker Tilly’s approach to conducting an internal audit of Procurement Process involves three (3) primary steps:

 Step 1: Audit Planning
 Step 2: Control Review and Testing
 Step 3: Reporting

Step 1 – Audit Planning
This step consists of the tasks performed to adequately plan the work necessary to address the overall audit objective and to solidify mutual understanding of the audit scope, objectives, audit process, and timing between stakeholders and auditors. Tasks include:
 Gather information to understand the environment under review o Understand the organizational structure and objectives o Review the City code, regulations, and other standards and expectations o Review prior audit results, as applicable
o Review additional documentation and conduct interviews as necessary  Assess the audit risk
 Write an audit planning memo and audit program
o Refine audit objectives and scope
o Identify the audit procedures to be performed and the evidence to be obtained and examined
 Announce the initiation of the audit and conduct kick-off meeting with key stakeholders
o Discuss audit objectives, scope, audit process, timing, resources, and expectations
o Discuss documentation and interview requests for the audit

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Step 2 – Control Review and Testing
This step involves executing the procedures in the audit program to gather information, interview individuals, and analyze the data and information to obtain sufficient evidence to address the audit objectives. The preliminary audit objective is to:
(1) Determine whether adequate controls are in place and working effectively to ensure that the appropriate vendors are selected properly to achieve desired objectives. Determine whether needs assessment, budgeting, solicitation, and vendor selection processes are efficient, effective, and transparent to ensure value for money and fair competition. (2) Determine whether the procurement process is valid through proper approvals, adequate segregation of duties, and compliance with applicable laws, regulations, and the City's policies.
(3) Determine whether technology is used appropriately and effectively to enhance integrity, efficiency, transparency of the procurement process and ensure consistency and validity of the relevant information and data.
(4) (2) Identify the opportunities to improve the efficiency and effectiveness of the procurement process.

Procedures include, but not limited to:

 Interview the appropriate individuals to gain an understanding of the organizational structure, processes, and controls related to procurement processes from the need assessment and market analysis to contract awarding and administration.  Review policies and procedures, including Code of Conduct, as well as the legislative and regulatory requirements to identify the criteria to be used for evaluation of control design and effectiveness.
 Review the documents (such as contracts and related procurement files, staff reports to the City Council, and performance reviews) for the selected contracts.  Analyze the data and information related to procurement, as appropriate.  Compare the process and controls against the best practices.

Step 3 – Reporting
In Step 3, the project team will perform tasks necessary to finalize audit working papers, prepare and review a draft report with the stakeholders, and submit a final audit report. Tasks include:
 Develop findings, conclusions, and recommendations based on the supporting evidence gathered
 Validate findings with the appropriate individuals and discuss the root cause of the identified findings
 Complete supervisory review of working papers and a draft audit report  Distribute a draft audit report and conduct a closing meeting with key stakeholders o Discuss the audit results, finings, conclusions, and recommendations o Discuss management responses
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ORDER FY23-4.20
Procurement Process
Review (Modified)

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 Review report with members of City Council and/or the appropriate Council Committee

Deliverables:

The following deliverable will be prepared as part of this engagement:
 Audit Report

Schedule of Performance

Anticipated Start Date: March 1, 2023 June 1, 2023
Anticipated End Date: September 30, 2023 December 31, 2023

Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this Task is $80,900 61,550. The not-to-exceed budget is based on an estimate of 350 450 total project hours, of which 20 are estimated to be completed by the City Auditor.

Reimbursable Expenses
We plan to complete all work remote including all interviews and documentation review. If at any point the City and Baker Tilly mutually determine it will be beneficial to perform a portion of the work on-site, we will submit an estimate of our reimbursable expenses for the City’s approval prior to traveling to Palo Alto.

Item 8
Attachment A - TASK
ORDER FY23-4.20
Procurement Process
Review (Modified)

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City Council
Staff Report
From: City Attorney
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: June 5, 2023
Report #:2305-1456
TITLE
Adoption of an Ordinance Amending Section 2.04.010 (Regular Meeting) of Chapter 2.04 (Council Organization and Procedure) of the Palo Alto Municipal Code to Change the City Council Meeting Start Time from Six p.m. to Five- Thirty p.m.

RECOMMENDATION
Adopt the attached ordinance to amend the Municipal Code to change the City Council meeting start time from six p.m. to five-thirty p.m.

BACKGROUND AND ANALYSIS
The Palo Alto Charter states that the Council shall set a time and place for its regular meetings. (Charter, Art. III, Section 5.) Since 2014, the Municipal Code has provided that the regular meeting time is the first three Mondays of each month beginning at six p.m. (Palo Alto Municipal Code section 2.04.010.)
In recent years, it has been common for Council meetings to begin at five p.m. Such meetings are noticed as “special meetings” as required by state and local law. (Cal. Govt. Code sections 54954, 54956; PAMC section 2.04.020.) Frequent use of special meetings has led to some public uncertainty about the Council’s procedures. As part of a comprehensive rewrite of Council’s Procedures and Protocols Handbook, Council decided to change its regular meeting time to the first three Mondays of each month at five-thirty p.m. Council directed staff to prepare an ordinance amending the Municipal Code to reflect the five-thirty p.m. start time.

FISCAL/RESOURCE IMPACT
None.

STAKEHOLDER ENGAGEMENT
Council discussed meeting start time at several public meetings and selected a start time to maximize effective public participation in Council meetings while allowing sufficient time to accomplish Council’s work.

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ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) because it is an organizational or administrative matter that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines 15378(b)(5).)

ATTACHMENTS
Attachment A: Ordinance Amending Section 2.04.010 (Regular Meeting) of Chapter 2.04 (Council Organization and Procedure) of the Palo Alto Municipal Code to Change the City Council Meeting Start Time from Six p.m. to Five- Thirty p.m. - redlined APPROVED BY:

Molly Stump, City Attorney
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Item 9 Staff Report

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Attachment A
Ordinance No.

Ordinance of the Council of the City of Palo Alto
Amending Section 2.04.010 (Regular Meeting) of Chapter 2.04 (Council Organization and Procedure) of the Palo Alto Municipal Code to Change the City Council Meeting Start Time from Six p.m. to Five- Thirty p.m.

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
(a) The Palo Alto Charter states that the Council shall set a time and place for its regular meetings. (Charter, Art. III, Section 5.) For many years, the Municipal Code has provided that the regular meeting time is the first three Mondays of each month beginning at six p.m. (Palo Alto Municipal Code section 2.04.010.);
(b) In recent years, it has been common for Council meetings to begin at five p.m. Such meetings are noticed as “special meetings” as required by state and local law. (Cal.

Govt. Code sections 54954, 54956; PAMC section 2.04.020; Palo Alto City Council Procedures and Protocols, section 2.1(a), p. 9.); and
(c) Council now wishes to amend the Municipal Code to provide that the regular meeting time be the first three Mondays of each month beginning at five- thirty p.m.

Meetings noticed for other times will be designated “special meetings.” SECTION 2. Section 2.04.010 (Regular Meeting) of Chapter 2.04 (Council Organization and Procedure) of the Palo Alto Municipal Code is hereby amended as follows (additions are in underline, deletions are in strikethrough):

2.04.010 Definitions
(a) The council of the city shall hold regular meetings on the first three Mondays of each month, at six five- thirty p.m. in the council chambers of the City Hall, 250 Hamilton Avenue, in said city unless the council chambers shall be determined by a majority vote of the council to be inadequate or unavailable for a meeting, in which event the council may designate some other suitable place in the city for the conduct of the meeting. The determination to hold the meeting at a place other than the council chambers may be made by the mayor prior to the regular meeting date; provided, that notice of the change in place for conduct of the meeting shall be published prior to the meeting in a newspaper of general circulation published in the city, setting forth the reasons for the change, and a copy of the notice shall be posted on the council chamber door for at least twenty-four hours prior to the time scheduled for the meeting and during the meeting. If the council adjourns its meeting from the council chambers to another place, notice to adjourn and the new place for holding the meeting shall be posted on the council chamber door during the time the meeting is being held.

Item 9
Attachment A - Ordinance
Amending Section

2.04.010 (Regular
Meeting) to Change the
Council Meeting Start
Time - redlined

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Attachment A
(b) Each year, no later than the third meeting in February, the council shall by resolution schedule its vacation for that year. The resolution shall designate the dates of this scheduled vacation and the city clerk will give notice thereof by whatever means are deemed appropriate. During said scheduled annual vacation, there shall be no regular meetings of the council nor of the council standing committees, unless it is an adjourned regular meeting. The mayor or a majority of the council may call a special meeting during the scheduled vacation if necessary.

SECTION 3. Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) because it is an organizational or administrative matter that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines 15378(b)(5).)
SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ City Attorney City Manager
____________________________
Director of Administrative
Services
Item 9
Attachment A - Ordinance
Amending Section

2.04.010 (Regular
Meeting) to Change the
Council Meeting Start
Time - redlined

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City Council
Staff Report
From: CAO Committee
Report Type: CONSENT CALENDAR
Lead Department: Human Resources
Meeting Date: June 5, 2023
Report #:2305-1561
TITLE
Adoption of a Resolution to Appoint Mahealani Ah Yun as Interim City Clerk Through December 1, 2023 at the annual salary of $121,285 - CEQA exempt

RECOMMENDATION
The Council Appointed Officers Committee recommends the City Council appoint Mahealani Ah Yun as Palo Alto’s Interim City Clerk through December 1, 2023 at the annual salary of $121,285

BACKGROUND
The Palo Alto City Charter provides that the City Council appoint a City Clerk who serves at the Council’s will. The duties of the City Clerk are set forth in the Charter of the City of Palo Alto and in Palo Alto Municipal Code section 2.08.110.

City Clerk Lesley Milton provided the City Council notice that she was resigning effective May 19, 2023 to take a new opportunity at another California city. Clerk Milton served as City Clerk approximately 2 years. On May 1, 2023, the Council Appointed Officers (CAO) Committee met to discuss a recommendation to the City Council regarding the City Clerk vacancy.

The CAO Committee motion which passed 3-0 recommended that Council authorize the following:

A. Invite letters of interest and a resume from interested internal applicants for the interim City Clerk position, have HR review for qualifications and schedule a closed session interview of candidates with the full Council pending a full recruitment process.

B. Contract with the recruitment firm Peckham & McKinney who conducted the previous City Clerk recruitment, and the literature previously used be included in a late packet report on the next meeting agenda.

The City Council approved the CAO Committee recommendation on May 8, 2023 (Report #2305-1405)

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ANALYSIS
In accordance with City Council’s direction, the Human Resources Department posted the internal recruitment for the Interim City Clerk on May 11 and all City Clerk staff was notified to submit their resume if interested. On May 22, 2023 the City Council interviewed one candidate followed by request to HR Director to take next steps to have Mahealani Ah Yun appointed as the Interim City Clerk through December 1, 2023 or until the formal executive recruitment is completed.

Mahealani Ah Yun has served as Deputy City Clerk for the City of Palo Alto since November 2021. Under the direction of former Clerk Milton, Mahealani closely supported Council members and assisted in supporting five Council standing committees and nine boards and commissions, preparing minutes, and facilitating the agenda production process. In addition, Mahealani administered public records requests and played a key role in launching the new agenda management system. Prior to this, Mahealani worked for over 5 years for a non-profit agency, The Service League of San Mateo, working closely with the Sheriff’s Office staff overseeing correctional programs and services.

Mahealani holds a Master’s Degree of Public Administration from Notre Dame de Namur University and a Bachelor of Science Degree in Psychology, Community & Criminal Justice, Political Science. She is a Notary Public and holds several other industry certifications and related Clerk training.

FISCAL/RESOURCE IMPACT
The City Clerk position is budgeted within the City Clerk’s Office and is included in the FY 23 Annual Budget and FY24 proposed budget. Mahealani will be paid annual salary of $121,285 prorated during this interim assignment and will continue to receive standard management benefits consistent with the Compensation Plan for Unrepresented Management and Professional employees.

STAKEHOLDER ENGAGEMENT
Staff, in coordination with the Council Appointed Officers Committee and City Council, completed the interview to bring forward this action. Further discussion and engagement is expected with the CAO Committee to complete the next steps to fill the Clerk position for the long term.

ATTACHMENTS
Attachment A: Resolution Appointment of Interim City Clerk Mahealani Ah Yun APPROVED BY:

Sandra Blanch, Human Resources Director
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Item 10 Staff Report

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Resolution No.

A Resolution of the City Council for the City of Palo Alto Appointing Mahealani Ah Yun as the Palo Alto Interim City Clerk.

R E C I T A L S
A. The Palo Alto City Charter specifies the duties and functions of the City Clerk for the City of Palo Alto;
B. The Charter further specifies that the City Council shall appoint the City Clerk; C. The Council received notification that City Clerk Lesley Milton was resigning effective May 19, 2023;
D. The Council Appointed Officers Committee directed staff to initiate an internal recruitment for interim City Clerk and interviewed all applicants; NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:

SECTION 1. The Council hereby appoints Mahealani Ah Yun as interim City Clerk for the City of Palo Alto;
SECTION 2. Mahealani Ah Yun shall serve as interim City Clerk at the will of the Council as provided by the Charter, and shall further serve according to all of the terms and provisions of the Charter and the Municipal Code; and
SECTION 3. This resolution shall be effective immediately. The appointment of Mahealani Ah Yun as interim City Clerk shall end on December 1, 2023 or on the completion of the formal executive recruitment, including any amendment, extension or termination approved by the Council, whichever is sooner.

INTRODUCED AND PASSED: June 5, 2023
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

Item 10
Attachment A -
Resolution Appointment
of Interim City Clerk
Mahealani Ah Yun

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City Clerk Mayor
APPROVED AS TO FORM: APPROVED:

Assistant City Attorney City Manager
Item 10
Attachment A -
Resolution Appointment
of Interim City Clerk
Mahealani Ah Yun

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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 5, 2023
Report #:2305-1508
TITLE
SECOND READING: Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units (FIRST READING: May 15, 2023, PASSED 7-0)

BACKGROUND
This was heard by the City Council on May 15, 2023, for a first reading and was approved 7-0. It is now before you for a second reading. In preparing the ordinance for second reading, staff identified a few typos and minor revisions regarding the preparation of tree disclosure reports that were discussed in the May 15, 2023, staff report but left out of the ordinance as a result of a technical error. These have been corrected in the attached ordinance. In addition, staff have added a series of findings and declarations in response to an informal conversation with HCD MOTION: Council Member Lauing moved, seconded by Mayor Kou to approve section A and modify language in section 18.09.040(k)(1) Except on corner lots where feasible.

MOTION PASSED: 7-0 MOTION:

Vice Mayor Stone moved, seconded by Council Member Burt to approve sections B, C, D and E and adopt the draft ordinance amending Palo Alto Municipal Code Title 18 (Zoning) to amend regulations for Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), and Accessory Structures, including provision to respond to direction from the department of Housing and Community Development (HCD) and refer D back to the PTC for further refinement and discussion the following:
• Create incentives including exempting or reducing impact fees and plan review fees from affordable units
• Develop incentives for ADUs to be used for housing
MOTION PASSED: 7-0
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AMENDMENT TO MOTION: Council Member Tanaka, seconded by Council Member LythcottHaims moved to add to the motion: exempt basement floor area from ADUs and JADUs MOTION FAILED: 2-5 Lauing, Veenker, Stone, Burt, Kou no

ATTACHMENTS
Attachment A: Ordinance Amending Title 18 of the PAMC to Amend Requirements Relating to Accessory Dwelling Units and Jr Accessory Dwelling Units APPROVED BY:

Mahealani Ah Yun
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1. Findings and Declarations.

A. The City of Palo Alto has been a leader in promoting the construction of JADUs, including an allowance for reduced setbacks and additional floor area for existing or proposed single family homes to accommodate a proposed JADU.

B. The City's efforts to promote JADU production using these incentives have been extremely effective. In 2020, the City received one permit application and issued one permit for a JADU. Following adoption of these incentives, in 2021, the City received 25 permit applications and issued nine permits for JADUs. In 2022, the City received 27 permit applications and issued 24 permits for JADUs. In the first five months of 2023, the City has received 15 permit applications and issued nine permits for JADUs.

C. California Government Code Section 65852.22 defines a JADU as a dwelling unit that is "contained entirely within a single-family residence."

D. Consistent with this provision of the Government Code, where this ordinance refers to the setback "for a JADU," this refers to the setback that applies to the portion of a single family home that contains or will contain a JADU. Where this ordinance provides a square footage exemption "for a JADU," this refers to a square footage exemption for the portion of a single family home that contains or will contain a JADU.

SECTION 2
. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows (additions underlined and deletions struck-through):

18.09.010 Purpose

The intent of this Chapter is to provide regulations to accommodate accessory and junior accessory dwelling units (ADU/JADU), in order to provide for variety to the city's housing stock and additional affordable housing opportunities. These units shall be separate, self-contained living units, with separate entrances from the main residence, whether attached or detached. The standards below are provided to minimize the impacts of units on nearby residents and throughout the city, and to assure that the size and location of such dwellings is compatible with the existing or proposed Item 11
Attachment A - Ordinance
Amending Title 18 of the
PAMC to Amend
Requirements Relating to
Accessory Dwelling Units
and Jr Accessory Dwelling
Units

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residence(s) on the site and with other structures in the area.

18.09.020 Applicable Zoning Districts

The establishment of an accessory dwelling unit is permitted in zoning districts when single-family or multi-family residential is a permitted land use. The development of a single-family home, ADU, and/or a JADU on a lot that allows for single-family development shall not be considered a multifamily development pursuant to PAMC Section 18.04.030, nor shall they require Architectural Review pursuant to other sections of Chapter 18.

18.09.030 Units Exempt from Generally Applicable Local Regulations

(a) Government Code section 65852.2, subdivision (e) provides that certain units shall be approved notwithstanding state or local regulations that may otherwise apply.

The following types of units shall be governed by the standards in this section. In the event of a conflict between this section and Government Code section 65852.2, subdivision (e), the Government Code shall prevail.

i. An ADU and JADU within the existing space of a single-family dwelling or an ADU within the existing space of an accessory structure (i.e. conversion without substantial addition).

ii. An ADU and JADU within the proposed space of a single-family dwelling.

iii. A detached, new construction ADU on a lot with a proposed or existing single-family dwelling, provided the ADU does not exceed 800 square feet, sixteen feet in height, or four-foot side and rear (i.e. interior) setbacks.

iv. ADUs created by conversion of portions of existing multi-family dwellings not used as livable space.

v. Up to two detached ADUs on a lot with an existing multi-family dwelling.

(b) The Development Standards for units governed by this section are summarized in Table 1. Regulations set forth in section 18.09.040 do not apply to units created under 18.09.030. The minimum and maximum sizes indicated in Table 1 do not prohibit units that are greater than 800 square feet. These sizes simply serve to distinguish when a unit transitions from regulations set forth in Table 1 and section

18.09.030 to regulations set forth in Table 2 and section 18.09.040.

//
Item 11
Attachment A - Ordinance
Amending Title 18 of the
PAMC to Amend
Requirements Relating to
Accessory Dwelling Units
and Jr Accessory Dwelling
Units

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Table 1: Development Standards for Units Described in Government Code Section 65852.2(e) Single-Family Multi-Family
Conversion of
Space Within
the Existing
Space of a
Single-Family
Home or
Accessory
Structure
Construction of
Attached ADU
Within the
Proposed Space
of a Single-
Family Home
New
Construction of
Detached ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Conversion or
Construction of
Detached
(4)
ADU
Number of
Units
Allowed
1 ADU and 1 JADU
25% of the
existing units
(at least one)
2 Minimum
size(1) 150 sf
Maximum
size(1) N/A2 800 sf N/A
Setbacks
N/A, if condition
is sufficient for
fire and safety
Underlying
zone standard
for Single
Family Home

(ADU must be
within
allowable space
of Single-Family
Home)
4 feet from side
and rear lot
lines;
underlying
zoning for front
setback
N/A
4 feet from
side and rear
lot lines;
underlying
zoning for front
setback
Daylight
Plane N/A N/A
Maximum
Height(3) N/A 16(5) N/A 16(5)(6)
Parking None
State Law
Reference 65852.2(e)(1)(A) 65852.2(e)(1)(A
)
65852.2(e)(1)(B
)
65852.2(e)(1)(C
)
65852.2(e)(1)(
D)

(1) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or greater shall count towards the unit’s floor area. (2) New construction must be consistent with allowable space (e.g. FAR, Lot Coverage) of a single family residence, except that up to 150 sf may be added for the purpose of ingress and egress only, without regard to underlying zone standards.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling.
(4) Units must be detached from existing primary dwellings but may be attached to each other. (5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.

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Attachment A - Ordinance
Amending Title 18 of the
PAMC to Amend
Requirements Relating to
Accessory Dwelling Units
and Jr Accessory Dwelling
Units

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(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.

(c) Development standards stated elsewhere in this Section or Title 18, including standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or JADUs that qualify for approval under this section. When there is an ADU or JADU attached to an existing or proposed primary dwelling, the shared wall between these units shall contribute to the maximum allowable Floor Area, Lot Coverage, and Maximum House Size of the primary unit. For a single-family home, this measurement shall be taken to the outside stud wall in accordance with Section

18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to the outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B) and (C).

(d) The establishment of accessory dwelling units and junior accessory dwelling units pursuant to this section shall not be conditioned on the correction of non- conforming zoning conditions; provided, however, that nothing in this section shall limit the authority of the Chief Building Official to require correction of building standards relating to health and safety.

(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. Nothing in this section shall preclude the Fire Marshal from accepting fire sprinklers as an alternative means of compliance with generally applicable fire protection requirements.

(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or more.

(g) Attached units shall have independent exterior access from a proposed or existing single-family dwelling. Except for JADUs, attached units shall not have an interior access point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance).

(h) Conversion of an existing accessory structure pursuant to Government Code section 65852.2(e)(1)(A) may include reconstruction in-place of a non-conforming structure, so long as the renovation of reconstruction does not increase the degree of non- compliance, such as increased height, envelope, or further intrusion into required setbacks.

Any portion of an ADU that exceeds the envelope of the existing accessory structure shall be subject to Section 18.09.040.

(i) Street addresses shall be assigned to all units prior to building permit final to assist in emergency response.

(j) The unit shall not be sold separately from the primary residence.

Item 11
Attachment A - Ordinance
Amending Title 18 of the
PAMC to Amend
Requirements Relating to
Accessory Dwelling Units
and Jr Accessory Dwelling
Units

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(k) Replacement parking is not required when a garage, carport, or covered parking structure is converted to, or demolished in conjunction with the construction of, an ADU.

(l) JADUs shall comply with the requirements of Section 18.09.050.

(m)
Notwithstanding any contrary provision of Chapter 8.10, to the extent the City’s application checklist requires a tree disclosure statement, it may be completed by the property owner.

18.09.040 Units Subject to Local Standards

(a) This section shall govern applications for ADUs and JADUs that do not qualify for approval under section 18.09.030 and for which the City may impose local standards pursuant to Government Code section 65852.2, subdivisions (a) through (d). Nothing in this section shall be interpreted to prohibit an ADU of up to 800 square feet, at the heights stated in Table 2, with a four foot side and rear setbacks.

(b) The Development Standards for units governed by this section are provided in Table

2. These regulations do not limit the height of existing structures converted into ADU/JADUs unless the envelope of the building is proposed to be modified beyond any existing legal, non-conforming condition.

Table 2: All other Units
Attached Detached JADU
Number of Units
Allowed1 1 1
Minimum size 150 sf
Maximum size
900 sf (1,000 sf for two
or more bedrooms);
no more than 50% of
the size of the single-
family home
900 sf (1,000 sf for
two or more
bedrooms)
500 sf
Setbacks 4 feet from side and rear lot lines;
underlying zone standard for front setback
Daylight Plane
Underlying zone
standard per
footnote (7)
N/A Underlying zone
standard
Initial Height 8 feet at lot line
Angle 45 degrees
Maximum Height3 Underlying zone
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Amending Title 18 of the
PAMC to Amend
Requirements Relating to
Accessory Dwelling Units
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Units

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Res. Estate (RE) 30 feet standard
Open Space (OS) 25 feet
All other eligible
zones 16 feet(5)(6)(7)
Parking None
Square Footage
Exemption when in
conjunction with a
single family home(4)
Up to 800 sf(4) Up to 500 sf(4)

(1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an existing or proposed single family home. One attached or detached ADU may be built in conjunction with an existing or proposed multifamily building.
(2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or greater shall count towards the unit’s floor area. (3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling.
(4) Lots with both an ADU and a JADU may exempt a maximum combined total of 800 square feet of the ADU and JADU from FAR, Lot Coverage, and Maximum House Size calculations. Any square footage that exceeds this exemption shall contribute to the FAR, Lot Coverage, and (if attached) Maximum House Size calculations for the subject property. This exemption is not afforded to lots with existing or proposed multifamily dwellings. (5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit. (6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. These ADUs shall not exceed two stories in height.

(c) A single-family dwelling shall exist on the lot or shall be constructed on the lot in conjunction with the construction of an ADU/JADU.

(d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and Maximum House Size calculations for a lot with an existing or proposed single family home, up to the amounts stated in Table 2. ADU and/or JADU square footage in excess of the exemptions provided in Table 2 shall be included in FAR, Lot Coverage, and Maximum House Size calculations for the lot.

(d)(e) When there is an ADU or JADU attached to an existing or proposed primary dwelling, the shared wall between these units shall contribute to the maximum allowable Floor Area, Lot Coverage, and Maximum House Size of the primary unit.

Item 11
Attachment A - Ordinance
Amending Title 18 of the
PAMC to Amend
Requirements Relating to
Accessory Dwelling Units
and Jr Accessory Dwelling
Units

Item 11: Staff Report
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For a single-family home, this measurement shall be taken to the outside stud wall in accordance with Section 18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to the outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B) and (C).

(e)(f) Attached units shall have independent exterior access from a proposed or existing single-family dwelling. Except for JADUs, attached units shall not have an interior access point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance).

(f)(g) No protected tree shall be removed for the purpose of establishing an accessory dwelling unit except in accordance with Chapter 8.10. Notwithstanding any contrary provision of Chapter 8.10, to the extent the City’s application checklist requires a tree disclosure statement, it may be completed by the property owner.

(g)(h) For properties listed in the Palo Alto Historic Inventory, the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation, compliance with the appropriate Secretary of Interior’s Standards for the Treatment of Historic Properties shall be required.

(h)(i) Noise-producing equipment such as air conditioners, water heaters, and similar service equipment that exclusively serves an ADU/JADU may be located anywhere on the site, provided they maintain the underlying front yard setback requirements of the property and, if the property is a corner lot, a 10-foot street-side setback. shall be located outside of the setbacks for the ADU/JADU. All such equipment shall be insulated and housed, except that the Director may permit installation without housing and insulation, provided that a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure compliance with the city’s Noise Ordinance at the nearest property line. All service equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the Municipal Code.

(i)(j) Setbacks

(1) Detached units shall maintain a minimum three-foot distance from the primary unit, measured from the exterior walls of structures.

(2) No A basement or other subterranean portion that serves of an ADU/JADU shall may encroach into a setback required for the primary dwelling provided the following conditions are met:.

(A) Newly constructed basement walls are no closer than four feet to an adjacent interior side or rear property line.

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(B) A new lightwell associated with a basement shall not be placed closer than four feet to an adjacent interior property line. When visible from the right of way, these facilities shall be screened from view with vegetation.
(C) The new basement shall not negatively impact tree roots on the subject property or on adjacent lots such that it would require a protected tree to be removed or cause the protected tree to die. (D) Habitable ADU/JADU basements shall contribute toward the unit’s total allowable floor area. Any floor area in excess of the exemptions provided in this Section shall contribute to the total allowable limits for the site.

(3) Projections, including but not limited to windows, doors, mechanical equipment, venting or exhaust systems, are not permitted to encroach into the required setbacks, with the exception of a roof eave of up to 2 feet.

(3)(4) For corner lots developed as a single-family home only, when an existing or proposed primary dwelling unit is expanded or constructed simultaneously with the construction of a new ADU/JADU, all structures may be built to a 10- foot street-side setback and a 16-foot front yard setback, regardless of the presence of a special setback, unless a fire or life-safety regulation requires a greater setback.

(4)(5) When an existing, legal, nonconforming structure is converted or reconstructed to create an ADU/JADU, any portion of the ADU/JADU that is in the same location and falls within the building envelope of the original structure shall not be subject to the development standards stated in this Section. Any portion of the ADU/JADU that is in a different location or exceeds the envelope of the original structure shall comply with the development standards stated in this Section.

(5)(6) Notwithstanding the development standards stated in Table 2 and paragraph (5) above, when an existing, legal, non-conforming structure is converted in-place to an ADU/JADU, the envelope of the structure may be modified to encroach further into a setback or daylight plane as follows:

(A) The height of the existing structure may be increased by no more than one linear foot in height commensurate to the existing roofline of the structure provided the height of the addition does not exceed 12 feet from grade. The roofline shall not be changed to a style other than what currently exists on the structure.
(B) Each non-conforming wall may be expanded by no more than six inches in thickness based on its existing location and configuration, as Item 11
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measured to exterior surface of the material, to provide for greater insulation and energy requirements provided that a minimum of one foot is maintained between the addition and an adjacent interior property line. An existing wall of a structure that does not currently have a separation of one foot from a parallel property line shall not be expanded outward.
(C) All other additions not specified here shall follow the standard setbacks for the ADU/JADU identified in Table 2.

(j)(k) Design

(1) Except on corner lots, it shall be encouraged but not required that where feasible, the unit shall not have an entranceway facing the same lot line (property line) as the entranceway to the main dwelling unit unless the entranceway to the accessory unit is located in the rear half of the lot.

Exterior staircases to second floor units shall be located toward the interior side or rear yard of the property.

(2) Privacy
(A) Second story doors and decks shall not face a neighboring dwelling unit property line. Second story decks and balconies shall utilize screening barriers to prevent views into towards an adjacent interior property lineies. These barriers shall provide be a minimum five-foot, six-inch height, screen wall from the floor level of the deck or balcony and shall not include perforations of any kind that would allow visibility between properties.
(B) Second story w Windows on a second floor, loft, or equivalent elevated space, excluding those required for egress, shall have a five- foot sill height as measured from the second-finished floor level, or utilize obscured opaque glazing on the entirety of the window when facing any window that faces an adjacent interior property lineies.

Second story e Egress windows shall utilize obscured opaque glazing on the entirety of the windows which face that face adjacent interior properties.
(C) Second story w Windows on a second finished floor, loft, or equivalent elevated space, shall be offset from neighbor’s windows to maximize privacy.
(D) Where feasible, egress windows on the first and second finished floor of an ADU or JADU shall not face towards an adjacent interior property line. If this is not feasible, then these windows shall utilize opaque glazing on the whole window.
(E) If the first finished floor of an ADU or JADU is two feet or more above grade, then first floor windows shall include the following:

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i. Non-egress, operable windows facing an adjacent interior property line shall have a windowsill(s) that start five feet above the first finished floor for the unit;
ii. Non-egress, non-operable windows facing an adjacent interior property line shall have the lower half of window(s) (minimum of five feet above the first finished floor) utilize opaque glazing.
(F) Where feasible, the use of skylights (whether operable or not) shall be used in lieu of operable windows that face adjacent interior properties
(G) No exterior lighting shall be mounted above seven feet. All lighting mounted on walls shall be directed downwards and shall not direct light towards adjacent interior property lines. Any ground lighting shall not direct light upwards to the building or sky.

(k)(l) Parking

(1) Replacement parking is not required when a garage, carport, or covered parking structure is converted to, or demolished in conjunction with the construction of, an ADU.

(2) Replacement parking is required when an existing attached garage, carport, or covered parking structure is converted to a JADU or when a required, existing, uncovered parking space is expanded into an ADU/JADU. These replacement spaces may be provided as uncovered spaces in any configuration on the lot including within the front or street side yard setback for the property.

(A) The Director shall have the authority to modify required replacement parking spaces by up to one foot in width and length upon finding that the reduction is necessary to accommodate parking in a location otherwise allowed under this code and is not detrimental to public health, safety or the general welfare.

(B) Existing front and street side yard driveways may be enlarged to the minimum extent necessary to comply with the replacement parking requirement above. Existing curb cuts shall not be altered except when necessary to promote public health, safety or the general welfare.

(3) When parking is provided, the unit shall have street access from a driveway in common with the main residence in order to prevent new curb cuts, excessive paving, and elimination of street trees, unless separate driveway Item 11
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access will result in fewer environmental impacts such as paving, grading or tree removal.

(3)(4) When a single-family dwelling unit is permitted simultaneously with the construction of new ADU/JADUs, the primary unit’s covered parking requirements identified in Chapter 18.10 and 18.12 do not need to be provided. Two uncovered parking spaces shall be provided in any configuration on the lot including within the front or street-side setback for the property.

(4)(5) If covered parking for a unit is provided in any district, the maximum size of the covered parking area for the accessory dwelling unit is 220 square feet.

This space shall count towards the total floor area for the site but does not contribute to the maximum size of the unit unless
attached to the unit. Any
attached garage shall not have an interior access point to the ADU/JADU (e.g. hotel door or other similar feature/appurtenance).

(l)(m) Miscellaneous requirements

(1) Street addresses shall be assigned to all units prior to building permit final to assist in emergency response.

(2) The unit shall not be sold separately from the primary residence.

(3) Rental of any unit created pursuant to this section shall be for a term of 30 days or more.

(4) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. Nothing in this section shall preclude the Fire Marshal from accepting fire sprinklers as an alternative means of compliance with generally applicable fire protection requirements.

18.09.050 Additional Requirements for JADUs

(a) A junior accessory dwelling unit may only be created on a lot in a single -family residential zone with an existing or proposed single family residence. A junior accessory dwelling unit shall be attached to or created within the walls of an existing or proposed primary dwelling.

(b) The junior accessory dwelling unit shall include an efficiency kitchen, requiring the following components: A cooking facility with appliances, and; food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

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i. A cooking facility with appliances shall mean, at minimum a one burner installed range, an oven or convection microwave, a 10 cubic foot refrigerator and freezer combination unit, and a sink that facilitates hot and cold water.

ii. A food preparation counter and storage cabinets shall be of reasonable size in relation to a JADU if they provide counter space equal to a minimum 24 -inch depth and 36-inch length.

ii.iii. JADUs may share sanitation facilities (bathrooms, laundry facilities, etc.) with the primary unit. In this instance, the floor area and lot coverage associated with shared space shall count towards the primary unit’s maximum allowances only. The combined sanitation facilities between the units shall include shower, toilet, and sink fixtures at a minimum and shall conform to the minimum requirements specified in the Building Code

(c) For the purposes of any fire or li fe protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit.

(d) The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or t he juni or accessory dwelling.

Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

(e) Prior to the issuan ce of a building per mit for a juni or accessory dwelling unit, the owner shall record a d eed restriction in a f orm approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (d) above, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

18.09.060 Affordable ADU/JADU Pilot Program

(a) This section shall govern applications for ADUs and JADUs that will be deed restricted for a minimum of 8 years to provide affordable rental units for households earning up to 80% of area median income . These units shall be exempt from all development impact fees, regardless of size, up to a maximum of $50,000 unit and a Citywide total of $400,000 per calendar year . To participate in this program, units shall follow the development standards in section 18.09.040 unless otherwise stated here.

(b) The City’s affordable housing administrator shall income qualify potential tenants prior to issuing a permit for an affordable ADU/JADU. The property owner shall be responsible for Item 11
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paying the City’s housing administrator to cover the cost associated with documenting a potential tenants income level as well as annually recertifying the tenant’s income.

SECTION 3. Subsections (a)(4) and (a)(65) of Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:

[. . .]

(4) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An ADU bathroom shall include a shower, toilet, and sink fixture at a minimum and shall conform to the minimum requirements specified in the Building Code. An accessory dwelling unit also includes the following:

[. . .]

(65) “Gross Floor Area” is defined as follows:

[. . .]

(D) Low Density Residential Exclusions: In the RE and R-1 single-family residence districts and in the R-2 and RMD two-family residence districts, “gross floor area” shall not include the following:

[. . .]

(ix)
Accessory structures equal to or less than one hundred and twenty square feet in area shall not contribute to floor area provided that any attached porches, patios, or similar features are substantially open;

(E) In all districts, gross floor area shall be calculated to the nearest 1000th decimal point and represented and rounded on plans to the nearest 100th decimal point (e.g. 123.456 sf shall be rounded to 123.46 sf). Standard rounding shall apply such that a number of four or less shall be rounded down and a number of five or more shall be rounded up.

SECTION 4
. Subsections (b)(5) of Section 18.10.080 (Accessory Uses and Facilities) of Chapter

18.10 (Low-Density Residential) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:

[. . .]

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(5) When located within a required interior yard as permitted by this section, no such No accessory building shall have more than two plumbing fixtures. Accessory buildings shall not be allowed to be turned into habitable space nor shall these structures be allowed to have showers (indoor or outdoor), gas lines, washer/dryers, and/or cooking facilities to be provided inside or attached to the structure, unless the structure is proposed as an ADU/JADU that satisfies all requirements of the Palo Alto Municipal Code.

[. . .]

SECTION 5. Subsections (b)(5) of Section 18.12.080 (Accessory Uses and Facilities) of Chapter

18.12 (Single-Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:

[. . .]

(5) No such
accessory building greater than 200 square feet in size shall have more than two plumbing fixtures. Accessory buildings shall not be allowed to be turned into habitable space nor shall these structures be allowed to have showers (indoor or outdoor), gas lines, washer/dryers, and/or cooking facilities to be provided inside or attached to the structure, unless the structure is proposed as an ADU/JADU that satisfies all requirements of the Palo Alto Municipal Code.

[. . .]

SECTION 6
. Subsection (b)(5) of 18.40.050 (Location and Use of Accessory Buildings) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:

[. . .]

(5) No such accessory building shall have more than two plumbing fixtures.

Accessory
buildings shall not be allowed to be turned into habitable space nor shall these structures be allowed to have showers (indoor or outdoor), gas lines, washer/dryers, and/or cooking facilities to be provided inside or attached to the structure, unless the structure is proposed as an ADU/JADU that satisfies all requirements of the Palo Alto Municipal Code.

[. . .]

SECTION 7
. Subsection (a) of Section 18.10.090 (Basements) of Chapter 18.10 (Low Density Residential) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:

[. . .]
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(a) Permitted Basement Area
Basements may not extend beyond the building footprint and basements are not allowed below any portion of a structure that extends into required setbacks, except to the extent that the main residence is permitted to extend into the rear yard setback by other provisions of this code.

Basements which serve the primary unit may not extend under an attached ADU or JADU to the extent those secondary units utilize the bonus floor area, lot coverage, and/or maximum house size exemptions identified in Section 18.09.

[. . .]

SECTION 8. Subsection (a) of Section 18.12.090 (Basements) of Chapter 18.13 (Single-Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:

[. . .]

SECTION 9
. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 10
. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 11
. The Council finds that the adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305 because it constitutes minor adjustments to the City’s zoning ordinance to implement State law requirements related to accessory dwelling units as established in Government Code Item 11
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Section 65852.2, and these changes are also likely to result in few additional dwelling units dispersed throughout the City. As such, it can be seen with certainty that the proposed action will not have the potential for causing a significant effect on the environment.

SECTION 12
. This ordinance shall be effective on the thirty-first date after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Planning and
Development Services

Item 11
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 5, 2023
Report #:2305-1571
TITLE
SECOND READING: Amendment to Palo Alto Municipal Code Title 18 Chapter 18.42, Standards for Special Uses, to Codify Firearms Sales Limitations Ordinance; CEQA status—exempt under CEQA Guidelines section 15061(c)(3) (FIRST READING: May 22, 2023 PASSED 7-0)

BACKGROUND
This was heard by the City Council on May 22, 2023 for a first reading and was approved 7-0. No changes were made to the ordinance; it is now before you for a second reading.

ATTACHMENTS
Attachment A: Ordinance Firearms CUP Recommended by PTC APPROVED BY:

Mahealani Ah Yun
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) to Require a Conditional Use Permit for Firearms Dealers

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. On June 2 1, 2022, the City Council adopted Ordinance No. 5559 on an interim, urgency basis. Ordinance No. 5559 was adopted pursuant to Palo Alto Municipal Code Section

2.04.270 based on the need to protect the public safety, health, and welfare, as set forth in the findings and declarations of that ordinance. Ordinance No. 5559 was also adopted in compliance with Government Code Section 65858, to the extent that section was applicable, as an interim urgency measure to address a current and immediate threat to the public health, safety, or welfare, for the reasons forth in the findings and declarations in that ordinance.

B. On August 1, 2022 the City Council adopted Ordinance No. 5560, extending Ordinance No. 5559 for a period of 10 months and 15 days.

C. The conditions that gave rise to the need for Ordinance No. 5559 still exist and the City Council now wishes to adopt a permanent ordinance to amend the zoning code in accordance with section 18.80.080 of the Palo Alto Municipal Code.

SECTION 2. Section 18. 42.210 (Firearms Dealers) is added to Chapter 18. 42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code as follows:

18.42.210 Firearms Dealers

(a) Purpose
The purpose of this section is to protect the public health, safety, and welfare by imposing reasonable land use regulations on the sale of firearms within the city.

(b) Definitions
In addition to the definitions in section 18.04.030 of this code, the definitions in section

4.57.010 of the Palo Alto Municipal Code, as may be amended from time to time, shall apply to this section, unless the context indicates otherwise.

(c) Conditional Use Permit Required in Tandem with Firearms Dealer Permit A conditional use permit shall be required to operate a firearms dealer business in any district where such use is permitted. This requirement shall apply in addition to the Item 12
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requirement for a firearms dealer permit issu ed by the chief of police in accordance with Chapter 4.57 (Firearms Dealers).

SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no pos sibility that the ordinance will have a significant effect on the environment.

SECTION 5. This extension ordinance shall take on the thirty first (31 st) day following
its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Planning and
Developmental Services

____________________________
Director of Administrative Services
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: June 5, 2023
Report #:2303-1133
TITLE
PUBLIC HEARING: Adoption of an Ordinance Amending Section Palo Alto Municipal Code Chapter

9.68, Rental Housing Stabilization, to Clarify the Definitions of At-Fault and No-Fault Just Cause for Evictions, Extend Just Cause Eviction Protections and Tenant Relocation Assistance to More Rental Units in Palo Alto than Offered by State Law, and Adopt a Security Deposit Limit for Unfurnished Rental Units in Palo Alto. Environmental Assessment: Exempt under CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt the attached Ordinance (Attachment A) amending Palo Alto Municipal Code (PAMC) Chapter 9.68, Rental Housing Stabilization, to clarify the definitions of at-fault and no-fault just cause for evictions, extend just cause eviction protections and tenant relocation assistance to more rental units in Palo Alto than offered by state law, and adopt a security deposit limit for unfurnished rental units in Palo Alto.

EXECUTIVE SUMMARY
At its November 29, 2021 meeting, City Council endorsed for implementation a package of rental protection policies. These policies add more certainty, stability, and fairness in the Palo Alto rental market for both renters and landlords. Within that larger package of rental focused policies, Council directed staff to return with the following:
•An ordinance to establish a local limit to the amount of a security deposit charged for unfurnished rental units in Palo Alto to one and a half times (1.5x) the monthly rent; and •An ordinance to extend just cause eviction protections to more rental units in Palo Alto by including protections to rental units that received a Building Department certificate of occupancy within the past 15 years.

Given that both ordinances relate to rental housing stabilization, staff proposes reorganizing the existing PAMC Chapter 9.68, Rental Housing Stabilization, to include both policy changes in a Item 13
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single ordinance (Attachment A). The incorporation of these policy changes would make Palo Alto consistent with and more protective of renters in some rental circumstances than what is offered by state law.

BACKGROUND
On November 29, 2021, City Council directed staff to study or implement a package of rental protection policies. 1 Within that larger package of rental protection policies, Council included direction to staff to return to Council with ordinances pertaining to security deposit limits and just cause eviction protections. City Council prioritized staff returning with the just cause eviction protections, and staff used this opportunity to also bring forward the security deposit limit changes. For the current status of the other Council directed rental package policy work, please see Attachment B.

Below is a summary of the relevant state security deposit limit and just cause eviction protections and the City Council directed local amendments.2
Security Deposit Limit
California Civil Code section 1950.5 currently limits security deposit amounts that a landlord can charge for rental units to two times the monthly rent. 3 City Council directed staff to return with an ordinance that applied a local limit to the amount of a security deposit that can be charged for unfurnished rental units in Palo Alto to one and a half times (1.5x) the monthly rent, which is lower than the limit of two times (2x) the monthly rent in current state law.

Just Cause Eviction Protections
California Assembly Bill 1482 (AB 1482), the Tenant Protection Act of 2019,4 regulates the lawful reasons for evictions for many rental units in California. These reasons are referred to as “just cause” protections and are broken into two categories. One type of just cause eviction is where the renter is “at-fault” for non-compliance with their rental agreement; the other is a “no-fault” eviction that is based on things not within the renter’s control. For those rental circumstances 1 City Council Meeting Minutes, 11/29/21: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2021/11-november/20211129/20211129amccs.pdf City Council City Manager Report ID # 13786, 11/29/21:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2021/11-november/20211129/20211129pccs.pdf City Renter Protection Policy Development Webpage: https://www.cityofpaloalto.org/Departments/Planning- Development-Services/Long-Range-Planning/Renter-Protection-Policy-Development 2 The summary provided is for general informational purposes only and does not constitute legal advice. Contact an attorney to obtain advice on any particular legal matter. 3 California Civil Code section 1950.5:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5. 4 California Assembly Bill 1482 (2019):
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1482.

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covered by AB 1482, as codified and amended in section 1946.2 of the California Civil Code, 5 landlords can only evict renters with "just cause".

AB 1482 just cause eviction protections do not extend to all rental circumstances. For example, the following rental circumstances are not protected:

1. A unit occupied for less than 12 months,

2. Certain single family homes not owned by a corporation or trust,

3. A duplex where one of the units is the owner’s principal residence from the beginning of tenancy, and

4. A unit that received a Building Department certificate of occupancy within the past 15 years.

Of the four rental circumstances listed above, City Council directed staff to return with an ordinance to extend protections to rental units that received a Building Department certificate of occupancy within the past 15 years.

Human Relations Commission (HRC) Recommendations
On February 9, 2023, the HRC recommended that City Council extend AB 1482 just cause eviction protections to more rental circumstances beyond what Council directed on November 29, 2021; namely, to renters in rental units occupied for less than 12 months and to renters of single family homes not owned by a corporation. The HRC also discussed other renter policies and made additional recommendations related to the effectiveness of the City’s existing renter protections.6 HRC representatives and the City’s Human Services staff will present the HRC’s full recommendations to City Council later in the year for Council direction. The proposed draft ordinance follows Council’s direction in 2021 and does not currently incorporate the HRC recommendations.

DISCUSSION
Incorporating the security deposit limit and the just cause eviction protections necessitated reorganizing the existing PAMC Chapter 9.68, Rental Housing Stabilization. Staff also included administrative adjustments and text edits, such as section renumbering and adding in subsection titles to PAMC Chapter 9.68. The existing PAMC Chapter 9.68, Rental Housing Stabilization, is currently available online.7 The draft ordinance (Attachment A) includes the entire PAMC Chapter

9.68, Rental Housing Stabilization as proposed to be codified. To assist with draft ordinance 5 California Civil Code section 1946.2:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.2.&lawCode=CIV 6 For more specifics, refer to the HRC February 9, 2023 meeting minutes and the April 27, 2023 meeting minutes whereby one February 9, 2023 HRC motion was clarified:
https://www.cityofpaloalto.org/Departments/Community-Services/Other-Services/Commissions/Human- Relations-Commission/HRC-Current-Year-Agendas-and-Minutes 7 Palo Alto Municipal Code Chapter 9.68, Rental Housing Stabilization:
https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-66765 Item 13
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review, the draft ordinance includes underlines (for text that is new or moved) and strikeouts (for text to be removed or that was moved). The highlights of the revised ordinance include:
•Revised purpose statement section;
•Revised definition section with new terms and clarifications to existing terms; •Relocation of the non-applicability (exemption) language in the existing “residential rental unit” definition to the sections on one-year lease and existing relocation assistance for 10 units or more;
•Renumbering of several sections;
•Addition of new just cause evictions section consistent with state law; •Addition of a new relocation assistance section that is consistent with state law, and •Addition of a new security deposit limit section.

The draft ordinance reflects reorganization of the existing tenant relocation assistance section for 10 units or more by adding the exemption language noted in number three above and removing the redundant definition of “no-fault eviction.” Other than these minor revisions, the existing provisions for tenant relocation assistance remain unchanged. The draft ordinance does not make substantive changes to the other provisions in PAMC Chapter 9.68.

Security Deposit Limit
To integrate the security deposit limit into the existing PAMC Chapter 9.68, Rental Housing Stabilization, staff proposes a new section in the existing code to reflect the City Council proposed policy. Refer to the proposed PAMC Section 9.68.060, Security deposit limit. Staff has also included a definition of “security” in PAMC Section 9.68.020, Definitions.

If adopted, the security deposit limit of one and a half times (1.5x) the monthly rent would be applicable to all new tenancies for all unfurnished rental units in Palo Alto as of the ordinance effective date. The state limits the maximum potential security deposit for unfurnished rental units to two times (2x) the monthly rent. It is currently unknown what rental unit property owners/managers charge as a security deposit for new tenancies in Palo Alto – it could be up to the maximum allowed, or less. The effect of this policy would be to help reduce the total move- in costs for unfurnished rental units in Palo Alto, if the maximum security deposit would otherwise be charged.

Just Cause Eviction Protections
To integrate the just cause eviction protections in AB 1482 into the existing PAMC Chapter 9.68, Rental Housing Stabilization, for rental units that received Building Department occupancy approval within the past 15 years, the following are included in the draft ordinance:
•Amendments to definitions, including adding the definitions of “at-fault” and “no-fault” just cause eviction from AB 1482 and removing the former definition of “no-fault,” Item 13
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•Amendments to the purpose section to clarify that the ordinance restates and expands AB 1482 to make the eviction protections in AB 1482 permanent in Palo Alto and extend them to all renters in Palo Alto not otherwise exempted by AB 1482 and living in rental units that were built and received Building Department occupancy approval within the past 15 years, and
•Findings that the ordinance would be more protective than AB 1482, as required by AB 1482.

The following existing exemptions in AB 1482 are replicated in the draft ordinance:

1. A unit occupied for less than 12 months;

2. Certain single family homes not owned by a corporation or trust; and

3. A duplex where one of the units is the owner’s principal residence from the beginning of tenancy.

While the eviction protections in AB 1482 are already in effect for many rental units in Palo Alto, creating a local version helps to provide local transparency of rental unit policy. If adopted, the just cause eviction protections in AB 1482 would be in effect under local ordinance for all applicable renters in Palo Alto with the added inclusion of renters in rental units that were built and received Building Department occupancy approval within the past 15 years.

AB 1482 Carry-over Provisions for Just Cause Evictions
The preparation of a local just cause eviction ordinance requires the inclusion of some existing provisions from AB 1482. In addition to making refinements to the definitions in the revised PAMC chapter, the other notable additions made for consistency with state law include:
•Notice of Rights – landlords must provide notice to renters of their right to receive a statement of the just cause for terminating a tenancy in the future, which may take the form of a lease provision or an addendum to the lease,
•Notices to Terminate Tenancy – actual termination notices for a just cause eviction must include the specific just cause reason for terminating the tenancy, •Opportunity to Resolve Issue – landlords need to give the opportunity for renters to cure any curable lease violation prior to issuing a notice to terminate tenancy for just cause, and
•Relocation Assistance - landlord shall provide relocation assistance or rent waiver, both equivalent to one month’s rent, for a no-fault just cause eviction.

Community Outreach
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and landlords in Palo Alto, publicizing overall rental unit policy development work, and asking a few questions that will help with future community outreach efforts for rental policy work.8 In the survey, staff placed information about existing Palo Alto policies - the City’s tenant/landlord mediation services program and the local Tenant Relocation Assistance (TRA) requirements. The mediation services program is long-standing for many years and the local TRA requirements has been in effect since 2018. Staff found that almost half of the respondents were not aware of the City’s mediation services program and almost three-quarters of respondents were not aware of the City’s local TRA requirements.

These initial survey results have helped to inform staff on the increased degree of community engagement efforts needed to ensure awareness of existing City rental policies for both renters and property owners/property managers, as well as the anticipated significant community outreach effort necessary to inform community members of any new rental policies.

If the draft ordinance is adopted, future community outreach will include use of the City’s recently created Housing newsletter, Uplift Local, the City’s website, announcements sent to utilities customers, and social media channels. Staff will also include the ordinance in a series of stakeholder meetings with the California Apartment Association and the Palo Alto Renters’ Association and others. Additionally, outreach can be folded into the City’s community engagement efforts on Council’s requested Rental Registry Program (RRP).

Implementation/Enforcement
Following Council adoption, staff will notify landlords and tenants through mailing lists that have been created through the City’s continuing work on the rental registry. Staff will also host a community meeting in late summer or fall to answer questions about the subject ordinance and use that opportunity to communicate other meaningful requirements that renters and landlords should know.

This ordinance will be enforced privately. Meaning, any dispute concerning a landlord’s compliance with these provisions would be addressed between the tenant and the landlord. The tenant could seek mediation support offered by the City or pursue legal action if warranted. City staff would not be engaged in ensuring compliance of these new provisions. This approach is similar to how the City addresses other local renter protection provisions of the code, such as tenant relocation assistance and the requirement to offer a one-year lease. 8 City of Palo Alto Renter and Landlord Survey – Fall 2022/Winter 2023:
https://www.surveymonkey.com/r/RENTERLANDLORD2022.

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TIMELINE
If City Council takes action to approve the proposed ordinance, the second reading is tentatively scheduled for June 19, 2023. The ordinance would become effective 30 days after the second reading, tentatively July 20, 2023.

FISCAL/RESOURCE IMPACT
The draft ordinance was prepared using existing City staffing resources. No additional staff or budget resources are necessary to adopt and codify the ordinance. If adopted, staff would conduct community outreach regarding the new regulatory requirements for landlords and protections for tenants; this too could be absorbed in the department’s budget.

It is anticipated that City staff would not be involved in the enforcement of this ordinance. If the City Council were interested in directing staff to enforce this or other local renter protection ordinances, additional fiscal impact analysis would be required. It is anticipated city enforcement would substantially impact the City’s Code Enforcement program, require additional managerial support in planning and have resource impacts to the City Attorney’s office.

POLICY IMPLICATIONS
Pursuing renter protection policy work is consistent with the goals in the City’s 2030 Comprehensive Plan to provide adequate housing for all. Additionally, the renter protection policy work is consistent with the policies and programs in the Council adopted 2023-2031 Housing Element. Therefore, it is anticipated that this action would support the implementation of the Housing Element. These topics are considered a means to affirmatively further fair housing within Palo Alto, as well as a means by which to promote certainty, stability, and fairness in the rental market.

STAKEHOLDER ENGAGEMENT
While preparing this report, staff sent email notifications to identified stakeholders informing them of this draft ordinance and encouraged them to participate. Staff included a brief promotion of the City’s overall rental unit policy development work in the November 2022 and in the May 2023 Utility & Community Announcements. 9 Staff placed an ad in the Daily Post newspaper on May 26, 2023, 10 days in advance of the hearing. Public comments were received at the February 9, 2023 HRC meeting. The public comments did not directly pertain to Council’s specific direction to prepare the security deposit limit and just cause eviction protection ordinance provisions. However, the comments did reflect the broader community sentiments in favor or against implementing specific renter protection policies. 9 Utilities Department Utility & Community Announcements (UCAs) are short promotional blurbs included in monthly residential bills. The November 2022 and May 2023 Utility & Community Announcements are online:
https://www.cityofpaloalto.org/files/assets/public/utilities/bill-inserts/nov-2022-uca.pdf and https://www.cityofpaloalto.org/files/assets/public/utilities/bill-inserts/may-2023-uca.pdf.

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ENVIRONMENTAL REVIEW
The California Public Resources Code § 21065 includes a definition of a “project” as subject to the California Environmental Quality Act (CEQA) if it is an activity directly undertaken by a public agency which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This project is exempt from the provisions of the CEQA, pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

ATTACHMENTS
Attachment A: Draft Ordinance - Just Cause Eviction and Security Deposit (Strikeout, Underlined, Annotated Version)
Attachment B: Renter Protection Policy Work Status Update APPROVED BY:

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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 9.68 (Rental Housing Stabilization) to Clarify the Definitions of At-Fault and No-Fault Just Cause for Evictions, Extend Just Cause Eviction Protections to More Rental Units in Palo Alto than Offered by State Law, and to Enact a Security Deposit Limit for Unfurnished Rental Units in Palo Alto

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. Renters represent a significant percentage of Palo Alto’s population; B. Landlords provide a significant community service by providing rental housing in the City of Palo Alto;
C. Palo Alto has great diversity in residential rental property and rental unit types, ranging from single -family homes, accessory and junior accessory dwe lling units, to properties with multi-family apartment buildings containing a variety of rental units; D. There is a need to ensure that housing is provided for people of all income levels, and affirmatively further fair housing;
E. The Palo Alto rental market is one of the most expensive in the country, which is one factor that can lead to potential renters being unable to afford standard rental unit move- in costs;
F. The Palo Alto rental market is one of the most expensive in the country, which is one factor that can lead to renters at risk of displacement; G. The city desires to implement policies for certainty, stability, and fairness in the rental market for renters and landlords;
H. A significant number of renters in Palo Alto are low-income and cost-burdened; I. Move-in costs for unfurnished residential rental units commonly include first and last month's rent plus a security deposit of up to two months’ rent, leading to high initial move in costs ,
J. The State of California created eviction protections for some rental units in Palo Alto but not others through the enactment of California Assembly Bill 1482 (2019), which currently automatically sunsets in 2030,
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K. The city is making significant investments on an ongoin g basis regarding rental unit protection, preservation, and production and will also soon need to implement the 6 th Cycle Housing Element policies and programs; and
L. On November 29, 2021, the City Council held a public meeting to discuss a variety of renter protection measures and directed staff to draft a Security Deposit Limit ordinance that caps the maximum allowed security deposit for unfurnished rental units in Palo Alto to one and one half times (1.5x) the monthly rent, whereas California Civil Code se ction 1950.5 allows for the maximum security deposit for unfurnished units to be two times (2x) the monthly rent,
M. On November 29, 2021, the City Council held a public meeting to discuss a variety of renter protection measures and directed staff to draft a response to California Assembly Bill 1482 (2019) by preparing an Eviction Reduction/Just Cause ordinance for Palo Alto to extend state eviction protections to properties built and receiving occupancy within the last fifteen (15) years, but does not include rental units occupied less than a year or single family homes not owned by a corporation or renters who live in a duplex when one unit is owner occupied,
N. On February 9, 2023, the Human Relations Commission held a public meeting to discuss the effectiveness of existing renter protections in Palo Alto and recommended that the City Council adopt the extensions described by the City Council on November 29, 2021 in addition to several other extensions,
O. The city, while still retaining local definitions in som e cases, adjusted the previous Palo Alto definitions of at-fault and no-fault just cause eviction in order to be consistent with California Assembly Bill 1482 (2019) for the purposes of consistency, transparency, legal clarity,
P. The city finds that the Eviction Reduction/Just Cause and Security Deposit Limit ordinance is not in conflict with and is more protective than California Assembly Bill 1482 (2019) in regard to the number of rental units receiving eviction protections and reloca tion assistance, the limitations on security deposits for unfurnished residential rental units, and, in some circumstances, in regard to the Tenant Relocation Assistance (TRA) dollar amount required if a tenant received a no -fault just cause eviction, and because the ordinance is permanent and does not contain the California Assembly Bill 1482 (2019) automatic sunset in 2030,
Q. The City Council finds and determines that the Eviction Reduction/Just Cause and Security Deposit Limit ordinance codified in Pal o Alto Municipal Code Chapter 9.68 (Rental Housing Stabilization) is adopted pursuant to the city’s authority to protect the public health, safety, and welfare.

SECTION 2. Chapter 9.68 (Rental Housing Stabilization) of Title 9 (Public Peace, Morals and Safety) is hereby amended as follows:

Commented [Staff1]: Required finding per Civ Code
1946.2(g)(1)(B).

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9.68.010. Purpose.

(a) It is found and declared that there is a growing shortage of, but increasing demand for, housing in the city of Palo Alto. Such shortage and increased demand, coupled with increasing inflation, have placed substantial pressure on those residents of Palo Alto seeking rental housing. This council finds that tenantrenters are entitled to a contractual relationship with a landlord that offers some assurance of stability and fair treatment under the terms of a written lease so as toto minimize displacement of tenantrenters into a rental housing market which affords them few and expensive options. (b) Council further finds that the provisions of California Assembly Bill 1482 (2019), as codified and later expanded in the Civil Code of the state of California, offers important protections from instability and displacement to renters. The provisions of that bill as they relate to eviction reduction are restated and expanded below, to make the protections permanent in the city of Palo Alto and extend them to renters living in qualified residential rental units that received a certificate of occupancy within the last fifteen years.

9.68.020. Definitions.

For purposes of this chapter, the following terms are defined as follows:

(a) “Landlord” means an owner, lessor, or sublessor, or the agent, representative, or successor of any of the foregoing persons who receives, or is entitled to receive, rent for the use and occupancy of any rental unit or portion thereof the owner or property manager exercising effective control over the terms and conditions of the tenancy of a residential rental unit, including a person with such control delegated through a durable power of attorney.
(b) "Rent" means the consideration, including any bonus, benefit, or gratuity demanded or received by a landlord, for or in connection with the use or occupancy of a residential rental unit.
(c) "Rent increase" means any additional rent demanded of or paid by a renter for a residential rental unit.
(d) "Residential rental unit" means any housing structure occupied as a dwelling or offered for rent or lease as a dwelling, whether attached, detached, single or multiple-family."Rental unit" means a dwelling unit in the city of Palo Alto with the land and appurtenant buildings thereto and all housing services, privileges, and facilities supplied in connection with the use or occupancy thereof, which unit is in a multiple-family dwelling (including a duplex), boardinghouse, lodginghouse, or mobilehome park. The term "rental unit" shall not include:
(1) A single-family dwelling;
(0) Rooms or accommodations in hotels, boardinghouses, or lodginghouses which are rented to transient guests for a period of less than thirty days; Commented [Staff2]: This definition is adopted from
Chapter 9.72 (Mandatory Response to Request for
Discussion of Disputes between Landlords and Tenants).

Commented [Staff3]: This definition is also adopted from Chapter 9.72.

Commented [Staff4]: These exceptions have been
removed from the "Definitions" section because each section below now states its specific exemptions. This ensures that the exceptions in preexisting local protections remain largely unaffected by the addition of new exceptions in state
protections.

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(0) Dwelling units in a condominium, community apartment, planned development or stock cooperative as defined in Chapter 21.40, or in a limited equity stock cooperative as defined in the California Business and Professions Code;
(0) Dwelling units in which housing accommodations are shared by landlord and tenant;
(0) Housing accommodations in any hospital, extended care facility, asylum, nonprofit home for the aged, or in dormitories owned and operated by an institution of higher education, a high school or an elementary school; (0) Housing accommodations rented by a medical institution which are then subleased to a patient or patient's family;
(0) Dwelling units whose rents are controlled or regulated by any government unit, agency, or authority, or whose rent is subsidized by any government unit, agency, or authority; or
(0) Dwelling units acquired by the city of Palo Alto or any other governmental unit, agency or authority and intended to be used for a public purpose.
(l)(e) “Tenant” "Renter" means a person or entity entitled by written or oral agreement to occupy a residential rental unit to the exclusion of others. (f) “Just cause” to terminate a tenancy means either of the following:
(1) “At-fault just cause”, which means any of the following:
(A) Default in the payment of rent.
(B) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the California Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. (C) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
(D) Committing waste as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
(E) The renter had a written lease that terminated on or after July 1, 2023, and after a written request or demand from the landlord, the renter has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this chapter or any other provision of law.
(F) Criminal activity by the renter on the residential rental unit , including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the California Penal Code, on or off the residential rental unit, that is directed at any landlord or agent of the landlord.

Commented [Staff5]: This definitions of "just cause"
come directly from state law.

Section 1956.2 (g)(1)(B)(i) of the Civil Code requires our local definition of "just cause" to be consistent with state law.

Commented [Staff6]: To be replaced with effective date.

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(G) Assigning or subletting the premises in violation of the renter’s lease, as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
(H) The renter’s refusal to allow the landlord to enter the residential rental unit as authorized by Sections 1101.5 and 1954 of the California Civil Code , and Sections 13113.7 and 17926.1 of the California Health and Safety Code.
(I) Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
(J) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure.
(K) When the renter fails to deliver possession of the residential rental unit after providing the landlord written notice as provided in Section 1946 of the California Civil Code of the renter’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the California Code of Civil Procedure.
(2) “No-fault just cause,” which means any of the following:
(A) Intent to occupy the residential rental unit by the landlord or their sibling, spouse, domestic partner, children, grandchildren, parents, grandparents, father-in-law, mother -in-law, son -in-law, or daughter-in-law, provided the landlord is a natural person. (B) Permanent withdrawal of the residential rental unit from offer for rent or lease pursuant to California Government Code sections 7060-7060.7.
(C) The landlord complying with any of the following:
(i) An order issued by a government agency or court relating to habitability that necessitates vacating the residential rental unit.
(ii) An order issued by a government agency or court to vacate the residential rental unit.
(iii) A local ordinance that necessitates vacating the residential rental unit.
(D) Intent to demolish or to substantially remodel the residential rental unit. “Substantially remodel” means the replacement or
substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead - based paint, mold, or asbestos, in accordance with applicable Item 13
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federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the renter in place and that requires the renter to vacate the residential rental unit for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential rental unit vacated, do not qualify as substantial rehabilitation.
(g) “Security” means any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6 of the California Civil Code, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new renter or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:
(1) The compensation of a landlord for a renter’s default in the payment of rent.
(2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the renter or by a guest or licensee of the renter. (3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy.
(1)(4) To remedy future defaults by the renter in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.

9.68.030. Requirement of offering one-year written leases.

(a) Offer. If a tenant renter or prospective tenant renter wishes to rent a residential rental unit from a landlord and if said landlord wishes to rent said residential rental unit to said renter tenant or prospective rentertenant, the landlord must offer to the renter tenant or prospective renter tenant a written lease which has a minimum term of one year. Such offer must be made in writing. Signing of a lease which has a minimum term of one year shall be considered an offer in writing. (b) Acceptance. If the renter tenant or prospective renter tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing. Signing a lease which has a minimum term of one year will be considered an acceptance.
(c) Rejection. If the renter tenant or prospective renter tenant rejects the offer for a written lease which has a minimum term of one year, this rejection must be in writing, and the landlord and renter tenant or prospective renter tenant may then enter into an agreement, oral or written, that provides for a rental term of less than one year.

Commented [Staff7]: This definition of "security" comes directly from state law.

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(d) Rent. If the landlord and renter tenant enter into a written lease which has a minimum term of one year, such lease must set the rent for the residential rental unit at a rate or rates certain and these rates shall not be otherwise modified during the term of such lease.
(e) Renewal of Leases. If both the landlord and the renter tenant wish to continue the rental relationship, upon the expiration of the initial written lease which has a minimum term of one year, a lease shall be offered again in accordance with the procedures of Section 9.68.030(a) through (d):
(1) Leases with a term of one year shall be offered annually. (2) Leases with a term longer than one year shall be renewable at the expiration of each lease period for a minimum term of one year. (3) A landlord shall offer annually a written lease with a minimum term of one year to a renter tenant who rejected an initial offer of a written lease with a minimum term of one year but who has rented a unit from the landlord for a period of at least twelve months.
(f) Applicability. This section shall not apply to:
(1) A residential rental unit which is rented on the effective date of the ordinance codified in this chapter, provided, that (A) if the unit is rented subject to a written lease, when the lease in effect for such a unit expires, the ordinance codified in this chapter shall then apply; and (B) if the unit is rented without a written lease, within thirty days after the effective date of this section, the landlord shall offer a written lease to the renter tenant in accordance with this section;
(2) An owner-occupied unit that is rented to a renter tenant for less than one year;
(3) A residential rental unit occupied by a renter tenant who subleases that unit to another renter tenant for less than one year;
(3)(4) A single-family dwelling;
(5) Rooms or accommodations in hotels, boardinghouses, or lodginghouses which are rented to transient guests for a period of less than thirty days; (6) Dwelling units in a condominium, community apartment, planned development or stock cooperative as defined in Chapter 21.40, or in a limited equity stock cooperative as defined in the California Business and Professions Code;
(7) Dwelling units in which housing accommodations are shared by landlord and tenant;
(8) Housing accommodations in any hospital, extended care facility, asylum, nonprofit home for the aged, or in dormitories owned and operated by an institution of higher education, a high school or an elementary school; (9) Housing accommodations rented by a medical institution which are then subleased to a patient or patient's family;
(10) Dwelling units whose rents are controlled or regulated by any government unit, agency, or authority, or whose rent is subsidized by any government unit, agency, or authority;
Commented [Staff8]: The previous definition of "rental
unit" in Chapter 9.68 contained the exceptions in paragraphs (4)-(11). To keep the applicability of this section consistent, the exceptions from the previous definition are added here.

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(11) Dwelling units acquired by the city of Palo Alto or any other governmental unit, agency or authority and intended to be used for a public purpose; (4)(12) A residential rental unit where te nancy is an express condition of, or consideration for employment under a written rental agreement or contract.

9.68.040. Just-cause evictions required.
(a) Applicability to residential rental units. This section shall apply to all residential rental units, except not any of the following:
(1) Transient and tourist hotel occupancy as defined in in subdivision (b) of Section 1940 of the California Civil Code.
(2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed re sidential care facility for the elderly, as defined in Section 1569.2 of the California Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by California’s State Department of Social Services.
(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(4) Housing accommodations in which the renter shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential rental unit.
(5) Single-family owner-occupied residences.
(6) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
(7) A r esidential rental unit that is alienable separate from the title to any other dwelling unit, provided that both subparagraphs (A) and (B) below apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the California Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(iv) Management of a mobilehome park, as defined in Section 798.2 of the California Civil Code.
(B) The renters have been provided written notice that the residential property is exempt from this section.
(i) Notice must be given using the following statement:
“This property is not subject to the just cause eviction requirements of Chapter 9.68 of the Palo Alto
Commented [Staff9]: This entire section is largely a
direct adaptation of state law. A few procedural elements have been simplified.

Commented [Staff10]: The language in this subdivision
comes directly from state law, but excludes the state's exemption for buildings receiving a certificate of occupancy in the last 15 years.

Commented [Staff11]: Council requested that eviction
protections only apply to a single family residence if it is owned by a corporation. State law's similar limitation is restated here.

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Municipal Code. This property meets the
requirements of Section 9.68. 040 (a)( 7) of the Palo
Alto Municipal Code and the owner is not any of the
following: (1) a real estate investment trust, as
defined by Section 856 of the California Internal
Revenue Code; (2) a corporation; (3) a limited liability company in which at least one member is a
corporation; or (4) m anagement of a mobilehome
park, as defined in Section 798.2 of the California Civil Code.”
(ii) The notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(8) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code or comparable federal statutes.
(b) Protection for renters . Notwithstanding any other law , a fter a renter has continuously and lawfully occupied a residential rental unit for 12 months, the landlord of the residential rental unit shall not terminate the tenancy without just cause, which shall be stated with specificity in the written notice to terminate tenancy. If any additional adult renters are added to the lease before an existing renter has continuously and lawfully occupied the residential rental unit for 24 months, then this subdivision shall only apply if either of the following are satisfied:
(1) All of the renters have continuously and lawfully occupied the residential rental unit for 12 months or more.
(2) One or more renters have continuously and lawfully occupied the residential rental unit for 24 months or more.
(c) Opportunity to cure. Before a landlord issues a notice to terminate a tenancy for just cause that is a curable lease violation, the landlord shall first give notice of the violation to the renter with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the California Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
(d) Notice. A landlord subject to this section shall provide notice to the tenant, which may take the form of a lease provision or an addendum to a lease, and which shall include the following, in no less than 12-point type:
“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. Local law also provides that after Commented [Staff12]: Subdivisions (b)-(d) are adapted
from state law.

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all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Chapter 9.68 of the Palo Alto Municipal Code for more information.”
(e) Dispute resolution. Nothing in this chapter abrogates the responsibility of landlords to comply with the requirements of Chapter 9.72 (Mandatory Response to Request for Discussion of Disputes between Landlords and Tenants) of the Palo Alto Municipal Code. As applicable, a renter may request mandatory discussion of rental housing disputes by filing a written request for dispute resolution according to section 9.72.040 (Dispute Resolution Process).

9.68.050. General relocation assistance or rent waiver for no-fault eviction.

(a) Applicability. This section shall be applicable only to tenancies for which just cause is required to terminate the tenancy under section 9.68.040 (Just-cause evictions required), except it shall not apply to a tenancy when relocation assistance payment is available to the renter through section 9.68.060 (Relocation assistance for evictions without at-fault just cause in structures or lots containing 10 or more residential rental units) and the assistance available through section 9.68.060 is greater in value than the assistance available through this section.
(b) Relocation assistance for renters.
(1) Form of assistance. If a landlord issues a termination notice based on a no- fault just cause described in section 9.68.020 ( f)(2), the landlord shall, regardless of the renter’s income, at the landlord’s option, do one of the following:
(A) Assist the renter to relocate by providing a direct payment to the tenant as described in section 9.68.050 (b)(3).
(B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
(2) Notice required. If a landlord issues a notice to terminate a tenancy for no- fault just cause, the landlord shall notify the renter of the renter’s right to relocation assistance or rent waiver pursuant to this chapter. If the landlord elects to waive the rent for the final month of the tena ncy as provided in section 9.68.050 (b) (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy. (3) Amount.
(A) The amount of relocation assistance or rent waiver shall be equal to one month of the renter’s rent that was in effect when the landlord issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

Commented [Staff13]: This section largely restates the
tenant relocation assistance available in section 1946.2 of the Civil Code.

Commented [Staff14R13]: Section 1946.2(g)(2) of the
Civil Code provides that units "shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section." In order to ensure that both the city's and the state's relocation assistance options are available to tenants, the city must restate the state's relocation assistance.

Commented [Staff15]: This means that this section will
cover buildings receiving a certificate of occupancy in the last 15 years, unlike state law.

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(B) If a renter fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section shall be recoverable as damages in an action to recover possession. (C) The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
(4) Effect of noncompliance. A landlord’s failure to strictly comply with this subdivision shall render the notice of termination void.

9.68.035 9.68.060 Relocation assistance for no-fault evictions without at-fault just cause in structures or lots containing 10 or more residential rental units.

(a) Applicability. This section shall be applicable only to structures or lots containing 10 or more residential rental units. This section shall not apply to any of the following:
(1) A single-family dwelling;
(2) Rooms or accommodations in hotels, boardinghouses, or lodginghouses which are rented to transient guests for a period of less than thirty days; (3) Dwelling units in a condominium, community apartment, planned development or stock cooperative as defined in Chapter 21.40, or in a limited equity stock cooperative as defined in the California Business and Professions Code;
(4) Dwelling units in which housing accommodations are shared by landlord and tenant;
(5) Housing accommodations in any hospital, extended care facility, asylum, nonprofit home for the aged, or in dormitories owned and operated by an institution of higher education, a high school or an elementary school; (6) Housing accommodations rented by a medical institution which are then subleased to a patient or patient's family;
(7) Dwelling units whose rents are controlled or regulated by any government unit, agency, or authority, or whose rent is subsidized by any government unit, agency, or authority; or
(8) Dwelling units acquired by the city of Palo Alto or any other governmental unit, agency or authority and intended to be used for a public purpose.

(b) For purposes of this section , a "no-fault eviction" means an action by a landlord to recover possession of a rental unit for any reason other than the following:
(1) The tenant has failed to pay rent to which the landlord is legally entitled. (2) The tenant has violated a lawful obligation or covenant of the tenancy. (3) The tenant has refused the landlord reasonable access to the unit for the purposes of making repairs or improvements, for any reasonable purpose Commented [Staff16]: The previous definition of "rental unit" in Chapter 9.68 contained the exceptions in paragraphs (1) through (8). To keep the applicability of this section consistent, the exceptions from the previous definition are added here.

Commented [Staff17]: The city is required to make our
"no-fault" definition consistent with state law.

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as permitted by law, or for the purpose of showing the rental unit to any prospective purchaser or tenant.
(4) The tenant is permitting a nuisance to exist in, or is causing damage to, the rental unit.
(5) The tenant is using or permitting a rental unit to be used for any illegal purpose.
(6) The landlord seeks in good faith to recover possession of the rental unit in order to comply with regulations relating to the qualifications of tenancy established by a governmental entity, where the tenant is no longer qualified.

No fault evictions shall include, without limit ation, actions in which the landlord seeks in good faith to recover possession of the rental unit:
(7) To demolish or otherwise permanently withdraw the rental unit from offer for rent or lease pursuant to California Government Code sections 7060-7060.7.
(8) To perform work on the building or buildings housing the rental unit that will render the rentable unit uninhabitable;
(9) For use and occupancy by the landlord or the landlord's spouse, grandparents, brother, sister, father -in-law, mother -in-law, son -in-law, daughter-in-law, children, or parents provided the landlord is a natural person.
(10) For no specified cause.

(c)(b) Amount required. Whenever a landlord seeks an eviction for any reason other than to comply with regulations relating to the qualifications of tenancy established by a governmental entity or at-fault just cause, as defined in this Chapter, other than temporary displacement of 31 days or fewer, the landlord shall provide a relocation assistance payment as follows:
(1) Unit Type Amount
0 bedrooms $7,000
1 bedroom $9,000
2 bedrooms $13,000
3 or more bedrooms $17,000
If the residential rental unit is occupied by two or more tenantrenters, the landlord shall provide each tenantrenter with a proportional share of the required payment. One half of the payment shall be paid at the time that the landlord provides notice of its intent to seek no-fault a qualifying eviction; the remainder of the payment shall be paid to each tenantrenter when that tenantrenter vacates the unit.
(2) Notwithstanding subsection (dc)(1), each residential rental unit that, at the time the landlord provides notice of its intent to seek no-faultan eviction subject to this section, is occupied by a low-income household as defined in Chapter

16.65, a tenantrenter who is 60 years of age or older, a tenantrenter who is disabled within the meaning of Government Code section 12955.3, or a Commented [Staff18]: Preexisting section 9.68.035
(Relocation assistance for no-fault eviction) has its own definition of "at-fault just cause." There is only one
preexisting, local at-fault just cause with no mirror in the new definition: 9.68.035(b)(6). That has been added as an exception here to keep the coverage of this section
consistent.

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tenantrenter who is a minor, shall be entitled to a single additional relocation payment of $3,000. This amount shall be divided equally among the qualifying (i.e. low-income, elderly, disabled, or minor) tenantrenters. In order to receive this additional payment a qualifying tenantrenter must provide written notice to the landlord of his or her eligibility along with supporting evidence within 15 days of receiving the landlord's notice. The entirety of this additional payment shall be paid within 15 days of the tenantrenter's written notice to the landlord. (d)(c) Notice. Prior to or at the same time that the landlord provides notice of its intent to seek no-faultan eviction subject to this section, the landlord shall serve on the tenantrenter a written notice describing the rights described in this section. The failure to provide this notice shall not operate as a substantive defense to an eviction pursuant to California Government Code sections 7060- 7060.7.
(e)(d) Annual adjustment. Commencing July 1, 2019, the relocation payments specified in this section shall increase annually at the rate of increase in the "rent of primary residence" expenditure category of the Consumer Price Index (CPI) for all urban consumers in the San Francisco-Oakland-San JoseHayward Region, not seasonally adjusted, for the preceding calendar year. Current rates shall be published on the city's website.
(f)(e) Request for waiver. A landlord may request a waiver or adjustment of the relocation assistance payment required by this section only upon a showing that strict application of its requirements would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.

Requests for waiver or adjustment must be submitted in writing to the director of planning and development services together with supporting documentation at least 90 days before the proposed termination of tenancy. Requests shall be acted on by the city council.
(g)(f) Authority to regulate. The director of planning and development services may issue regulations implementing this section.

9.68.070. Security deposit limit.

(a) Applicability. This section applies to security for leases of all residential rental units.
(b) Limits. A landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one and a half months’ rent, in the case of unfurnished rental units, in addition to any rent for the first month paid on or before initial occupancy.
(c) Security deposit purposes. The landlord may claim of the security only those amounts as are reasonably necessary for the purposes specified in subdivision

9.68.020 (g). The landlord may not assert a claim against the renter or the security for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects thereof, whether the wear and tear preexisted the tenancy or occurred during the tenancy, or for the Commented [Staff19]: These updates reflect the
methodology currently used by staff.

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cumulative effects of ordinary wear and tear occurring during any one or more tenancies.

9.68.040 9.68.080 TenantRenter's remedies.
(a) Defense to Action to Recover Possession. Failure of a landlord to comply with any of the provisions of this chapter shall provide the tenantrenter with a defense in any legal action brought by the landlord to recover possession of the residential rental unit.
(b) Defense to Action to Collect Rent. Failure of a landlord to comply with any of the provisions of this chapter shall provide the tenant renter with a defense in any legal action brought by the landlord to collect rent. (c) Injunctive Relief. A tenant renter may seek injunctive relief on his or her own behalf and on behalf of other affected tenants renters to enjoin the landlord's violation of this chapter.
(d) Remedies are Nonexclusive. Remedies provided in this section are in addition to any other existing legal remedies and are not intended to be exclusive.

9.68.050 9.68.090 Nonwaiver.

Any waiver or purported waiver by a tenantrenter of rights under this chapter prior to the time when such rights may be exercised, except a rejection of a one-year lease offered in accordance with Section 9.68.030, shall be void as contrary to public policy.

SECTION 3. If any section, subsection, clause or phras e of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection , sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption.

INTRODUCED:

PASSED:

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AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ City Attorney City Manager

____________________________
Director of Planning and Development
Services

____________________________
Director of Community Services

____________________________
Director of Administrative
Services
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May 11, 2023 Page 1 of 4
Renter Protection Policy Work Status Update (dated May 11, 2023) On November 29, 2021, the City Council adopted a package of rental protection policies. 1 The policies are summarized below. Since that Council meeting, staff have focused primarily on the three policies identified by Council as priorities. Some policies are also identified for incorporation into Housing Element programs.

Policy Brief Description Work Status
1 Rental Registry
Program (RRP)
(CC Motion #E)

HIGH PRIORITY
Establish a program that
gathers information on
rental units in City for
purposes identified by
Council.

In progress.

Council referred the design and
implementation to the Policy & Services
Committee, including proposed fees,
resources, and timeline. P&S
Committee provided feedback in
September 2022.2
RRP Program Development Phase I -
RFP released March 2023. Proposals
received April 2023 and are currently
under review. Community meeting in
March 2023. Draft enabling ordinance
prepared. Ordinance public hearings in
Spring/Summer/Fall 2023.

RRP Program Development Phase II –
This future phase will include
community outreach, City budgeting
and staffing, and RRP software
development.

RRP Program Implementation Phase I –
This future phase will include
1 City Council Meeting Minutes, 11/29/21: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2021/11-november/20211129/20211129amccs.pdf City Council City Manager Report ID # 13786, 11/29/21:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2021/11-november/20211129/20211129pccs.pdf City Renter Protection Policy Development Webpage: https://www.cityofpaloalto.org/Departments/Planning- Development-Services/Long-Range-Planning/Renter-Protection-Policy-Development 2 Policy & Services Committee Meeting City Manager Report ID # 14139, 09/13/22:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/policy-and- services-committee/2022/20220913/20220913ppsr.pdf
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Policy Brief Description Work Status
community outreach, RRP launch, and
rental unit initial registrations.

RRP Program Implementation Phase II –
This future phase will include
community outreach and RRP
reporting.

HRC discussed the RRP at their February
2023 meeting as part of their Motion I
Council referral, see Item 8 below.
2 Expand Tenant
Relocation
Assistance
(CC Motion #B)

HIGH PRIORITY
Update existing local
ordinance to extend
tenant relocation
assistance requirements
to properties with ten
units or more
Completed.

Updated ordinance that expanded
Tenant Relocation Assistance codified
in the Palo Alto Municipal Code Section

9.68.035.3
HRC discussed Tenant Relocation
Assistance at their February 2023
meeting as part of their Motion I
Council referral, see Item 8 below.
3 Eviction Reduction
(CC Motion #C)

PRIORITY
Create local ordinance to
expand eviction
protections in AB 1482
to include rental units
receiving occupancy
within the last 15 years.

In progress.

Preparation of draft local ordinance
underway. Ordinance first reading and
second reading Spring/Summer 2023.

HRC discussed Eviction Reduction at
their February 2023 meeting as part of
their Motion I Council referral, see Item
8 below.
4 Anti-Rent-gouging
(CC Motion #D)
Consider preparation of
a local ordinance to
expand the number of
units covered by AB
1482 rent increase
limitations.

Not started.

Council referred the anti-rent gouging
topic to the Policy & Services
Committee, including the review and
discussion of measures to address
loopholes. This work is incorporated
3 Palo Alto Municipal Code Section 9.68.035 Relocation assistance for no-fault eviction:
https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-66806.

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Policy Brief Description Work Status
into the Housing Element workplan.

Staff anticipates work on this topic
starting Summer 2023.

HRC discussed Rent Increases at their
February 2023 meeting as part of their
Motion I Council referral, see Item 8
below.
5 Security Deposit
Limit
(CC Motion #F)
Create a local ordinance
that limits the locally
allowable amount of
security deposit charged
for unfurnished rental
units to 1.5 times the
monthly rent.

In progress.

Preparation of draft local ordinance
underway. Ordinance first reading and
second reading Spring/Summer 2023.
6 Fair Chance
Ordinance
(CC Motion #H)
Consider preparation of
a local ordinance that
supports fair chance
policies.

Not started.

Council referred the fair chance policy
topic to the Policy & Services
Committee, including a staff analysis of
consequences and unintended
consequences. This work is
incorporated into the Housing Element
workplan. Staff anticipates work on this
topic starting Summer 2023.

HRC discussed Fair Chance at their
February 2023 meeting as part of their
Motion I Council referral, see Item 8
below.
7 Right to Counsel
(CC Motion #G)
Provide tenants with
legal assistance in
housing-related cases.

Ongoing.

Ongoing to identify ways to support
County efforts on right to counsel.

Santa Clara County recently won a
grant in Spring 2023 to investigate the
Right to Counsel topic. City staff will
coordinate with the County regarding
investigation findings.

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Policy Brief Description Work Status
City staff met with the recently formed
Bay Area Housing Finance Authority in
Spring 2023, which is preparing a Bay
Area Eviction Study, the results of
which will likely explore the Right to
Counsel topic. City staff will coordinate
with BAFHA regarding the study
findings.

City staff joined the Santa Clara County
Eviction, Tenant/Landlord Disputes, &
Rent Relief Collaborative that meets
monthly and discusses the Right to
Counsel topic.
8 Improving
Implementation of
Existing Renter
Protection Policies
(CC Motion #I)
City review and
assessment of the
implementation of
existing renter
protection policies.

In progress.

Council referred this implementation
review and assessment to the Human
Relations Commission.

HRC discussed many existing and new
Renter Policies at their February 2023
meeting as part of their Motion I
Council referral. 4 HRC
recommendations will be brought to
City Council for direction in 2023.
4 For more specifics, refer to the Human Relations Commission February 9, 2023 meeting minutes and the April 27, 2023 meeting minutes whereby one February 9, 2023 HRC motion was clarified:
https://www.cityofpaloalto.org/Departments/Community-Services/Other-Services/Commissions/Human- Relations-Commission/HRC-Current-Year-Agendas-and-Minutes.

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City Council
Staff Report

From: City Manager
Report Type: ACTION ITEMS
Lead Department: Public Works
Meeting Date: June 5, 2023
Report #:2303-1158
TITLE
Adoption of a Resolution Approving an Addendum to the 2017 Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate Action Plan (S/CAP); Approval of the 2023-2025 S/CAP Workplan; and Review of the 2023 Earth Day Report

RECOMMENDATION
Staff and the Council Sustainability and Climate Action Plan (S/CAP) Ad Hoc Committee recommend that Council:

1. Certify the Comprehensive Plan Environmental Impact Report Addendum: Update to the Sustainability and Climate Action Plan

2. Adopt a Resolution Approving an Addendum to the Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate Action Plan (Attachment C)

3. Approve the 2023-2025 S/CAP Work Plan (Attachment D)

4. Review the 2023 Earth Day Report (Attachment E)

EXECUTIVE SUMMARY
Consistent with Council’s adoption of “Climate Change & Natural Environment: Protection and Adaptation” as one of the four priorities for calendar year 2023, staff updated the Sustainability and Climate Action Plan (S/CAP) to help the City meet its sustainability goals, including its goals of reducing greenhouse gas (GHG) emissions 80 percent below 1990 levels by 2030 (the “80 x 30” goal) and achieving carbon neutrality by 2030.

On October 3, 2022, City Council accepted Goals and Key Actions for the Sustainability and Climate Action Plan (S/CAP) 1. Staff commenced California Environmental Quality Act (CEQA) evaluation of the S/CAP, including the Work Plan elements described in this staff report, shortly 1 City Council, October 3, 2022; Agenda Item #9; SR #14720 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20221003/20221003accsm-amended-presentations.pdf#page=131 Item 14
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thereafter. Attachment A provides a detailed history of the S/CAP development to date. The S/CAP is an ambitious plan to reduce the City and community’s GHG emissions, while also guiding how we use our land and natural resources in ways that ensure quality of life for future generations. The full S/CAP report can be found in Attachment B. The Resolution Approving an Addendum to the Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate Action Plan can be found in Attachment C.

The S/CAP lists the detailed actions needed to achieve the City’s 80x30 goal, 2 but does not provide guidance on task prioritization or implementation timeline. The 2023-2025 S/CAP Work Plan is meant to guide staff efforts on the S/CAP over the next three years by prioritizing and providing more detail on implementation of the Key Actions accepted by Council on October 3, 2022.

The 2023-2025 S/CAP Work Plan is split between a Climate Action section, which focuses on work items that achieve the City’s 80x30 goal, and a Sustainability section, which focuses on improving the City’s environmental impact in ways that are not primarily focused on reducing greenhouse gas emissions but focus on critically important co-benefits that contribute to overall climate action. The 2023-2025 S/CAP Work Plan can be found in Attachment D.

Cities represent the single greatest opportunity for tackling climate change, as they are responsible for 75 percent of global energy-related carbon dioxide emissions3. In 2021, Palo Alto emitted an estimated 359,312 metric tons (MT) of carbon dioxide equivalent (CO 2e) from the residential, commercial, industrial, transportation, waste, water, and municipal sectors. 4 In comparison to the 1990 base year emissions (which were about 780,000 metric tons), that is a

53.9 percent decrease in total community emissions, despite a population increase of 19.5 percent during that same time period. For our progress towards carbon neutrality, if we include natural gas (methane) carbon offsets, then we are at 71.3% emissions reductions.

The full 2021 GHG inventory can be found in Attachment E. A comparison between the 1990 and 2021 inventories can be found in Attachment F.

BACKGROUND
In April 2016, City Council adopted the goal of reducing GHG emissions 80 percent below 1990 levels by 20305 (the “80 x 30” goal), and in October 2022 Council adopted the ambitious goal of 2 Achieving 80% reductions in greenhouse gas emissions from 1990 levels by 2030. 3 UN Environment Programme, Cities and Climate Change; https://www.unep.org/explore-topics/resource- efficiency/what-we-do/cities/cities-and-climate-change
4 Carbon dioxide equivalent is a unit of measure that normalizes the varying climate warming potencies of all six GHG emissions, which are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). For example, one metric ton of nitrous oxide is 210 metric tons of CO2e.
5 City Council, April 18, 2016; Agenda Item #10; SR #6754, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2016/id-6754.pdf
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achieving carbon neutrality by 2030 6. In November 2016, Council adopted the S/CAP Framework7, which has served as the road map for achieving Palo Alto’s sustainability goals. In December 2017, Council accepted the 2018-2020 Sustainability Implementation Plan “Key Actions” as a summary of the City’s work program8.

In early 2020, the City launched an S/CAP update to determine the goals and key actions needed to meet its sustainability targets, including the 80 x 30 goal. While GHG emissions reduction is not the only goal of the S/CAP, it is the major one. Attachment A provides a detailed history of the S/CAP to date.

Staff began California Environmental Quality Act (CEQA) review of the S/CAP upon Council’s October 3, 2022 acceptance of the S/CAP Goals and Key Actions. In parallel, the 2023-2025 Work Plan was reviewed by the Council Ad Hoc S/CAP Committee and Working Group and will guide staff work after adoption.

As a result of various City-led initiatives, programs, and activities focused on climate change and sustainability, by the end of 2021 Palo Alto reduced GHG emissions an estimated 53.9 percent from the 1990 baseline, despite a population increase of 19.5 percent during that same time.

ANALYSIS
The City is fully committed to a sustainable future. The City owns, operates, and maintains a full- service utilities portfolio that provides electric, natural gas, fiber, water, refuse, and wastewater services to residents and businesses in Palo Alto. Palo Alto’s continued leadership in advancing sustainability commitments has succeeded mainly because of the continued collaboration of community stakeholders, City departments, and the leadership of the City Council.

CEQA evaluation of the S/CAP
Staff commenced CEQA evaluation of the Sustainability and Climate Action Plan (S/CAP), including the Work Plan elements described in this staff report, upon Council’s October 3, 2022 acceptance of the proposed S/CAP Goals and Key Actions. Due to the wide-reaching potential for some S/CAP elements, the City’s consultant, AECOM, prepared an Addendum to the City of Palo Alto Comprehensive Plan Final Environmental Impact Report (EIR) 9 in order to evaluate the 6 City Council, October 3, 2022; Agenda Item #9; SR #14720 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20221003/20221003accsm-amended-presentations.pdf#page=131 7 City Council, November 28, 2016; Agenda Item #9; SR 7304 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2016/id-7304.pdf
8 2018-2020 Sustainability Implementation Plan, 2017;
https://www.cityofpaloalto.org/files/assets/public/sustainability/policies-and-plans/2018-2020-sustainability- implementation-plan-with-council-amendments.pdf
9 Comprehensive Plan Environmental Impact Report Addendum: Update to the SCAP, May 2023; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2023/2023comprehensive-plan-environmental-impact-report-addendum-update-to-the- scap.pdf
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impacts of the proposed S/CAP. The Comprehensive Plan EIR considered the environmental impacts of implementing the Comprehensive Plan by 2030 and can serve as the CEQA document for future projects that align with the Comprehensive Plan. As the Comprehensive Plan EIR has been certified, the environmental impacts of subsequent activities proposed under the Comprehensive Plan, including the S/CAP, which is an implementation program of the Comprehensive Plan, must be examined in light of the impact analysis in the certified Comprehensive Plan EIR to determine whether additional CEQA documentation must be prepared. AECOM found that the S/CAP meets the substantive and procedural recommendations for a GHG reduction plan per CEQA guidelines. By incorporating the goals and measures of the S/CAP into the Comprehensive Plan EIR through the EIR Addendum, the City is ensuring future development and planning activities within the city conform to the objectives of the S/CAP and climate change legislation adopted by the State of California.

The EIR Addendum evaluated the potential changes to environmental impacts since the adoption of Comprehensive Plan EIR and confirms that the proposed S/CAP would not alter the conclusions of the Comprehensive Plan EIR. Additionally, no new information of significant importance was identified that suggests the potential for the proposed S/CAP to result in any significant or substantially more severe effects beyond what was previously analyzed in the Comprehensive Plan EIR. Instead, the EIR Addendum finds that the changes would provide beneficial actions promoting green building practices such as increasing the use of renewable energy sources, promoting energy efficiency, reducing vehicle miles traveled, and promoting sustainable development. In addition, the Addendum permits CEQA streamlining of future projects that conform to the S/CAP.

Sustainability and Climate Action Plan (S/CAP)
Consistent with Council’s adoption of “Climate Change & Natural Environment: Protection and Adaptation” as one of the four priorities for calendar year 2023, staff updated the Sustainability and Climate Action Plan (S/CAP) to help the City meet its sustainability goals, including its goals of reducing greenhouse gas (GHG) emissions 80 percent below 1990 levels by 2030 (the “80 x 30” goal) and achieving carbon neutrality by 2030. The S/CAP is a comprehensive document laying out the City's strategy to achieve these ambitious carbon reduction goals, while improving our natural environment, adapting to climate impacts, and increasing livability for Palo Alto residents.

While reducing emissions is a priority for the City, Palo Alto believes in a comprehensive view of sustainability. Full implementation of the S/CAP will not only drastically reduce carbon emissions, but will also improve the health, safety, and quality of life for the community. Attachment A provides a detailed history of the S/CAP development to date. The full S/CAP report can be found in Attachment B. Council authorization is needed to certify the Comprehensive Plan Environmental Impact Report Addendum Update to the S/CAP and to adopt the S/CAP. The Resolution Approving an Addendum to the Comprehensive Plan Environmental Impact Report and Adopting the S/CAP can be found in Attachment C.
2023-2025 S/CAP Work Plan
There are two sections to the draft 2023-2025 S/CAP Work Plan: Climate Action and Sustainability. The 2023-2025 S/CAP Work Plan can be found in Attachment D.

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The Climate Action section focuses on launching higher potential, lower cost emissions reduction programs, building community confidence in the S/CAP, and laying the foundation for post-2025 work. The Sustainability section focuses on reducing waste, creating a sustainable and holistically managed water system, adapting to a changing climate, and enhancing the City’s thriving urban canopy. The climate action section has five priorities:

Climate Action
P1. Complete grid modernization plan and begin construction to increase reliability and transformer capacity for electrification
P2. Launch effective programs for emissions reductions with highest impact and lowest cost: single-family electrification, strategic promotion of EVs, commercial rooftop HVAC, and expanded transportation alternatives
P3. Build community awareness and confidence in electrification through engagement, addressing concerns, and program results
P4. Identify an additional 9% in emissions reduction opportunities to achieve the 80x30 goal P5. By 2024 identify funding needed and potential funding sources for full scale implementation of highest impact emissions reductions
Table 1 below summarizes how these priorities are implemented in 2023-2025. Staff will focus on increasing electric grid capacity while launching high potential, lower cost programs focused on residential heat pump water heaters (HPWH), commercial packaged rooftop heating, ventilation, and air conditioning (HVAC), and previously funded transportation programs.

Funding needs and sources for these high potential programs will be evaluated. Studies on accelerating EV charger penetration in multi-family buildings (including affordable housing) and providing EV chargers in workplaces and business districts will be completed. Publicly-owned EV charging may also be part of the solution; and the Bicycle/Pedestrian Plan will be updated. A study of potential multi-family and non-residential electrification opportunities will be completed. This work will be performed with the intent of building community confidence in the City’s emissions reduction efforts, which will require results, engagement, and some focus on electric system reliability and resiliency.

Table 1: Climate Action Priorities: Summary of Work Items and Timeline Priority 2023 2024 2025
P1 (Modernize
grid)
•Grid modernization
study completion, hire
contractor
•Reliability/Resiliency
Strategic Plan
•Begin a 5-7 year construction effort to increase
reliability and transformer capacity
•Implement Reliability and Resiliency Strategic Plan
Design and launch programs:P2 (Launch
programs) •Full-scale HPWH
program
•Pilot commercial HVAC
•Single-family whole home
•Full-scale commercial
HVAC
Design and launch
additional programs based
on the 2024 studies (See
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Priority 2023 2024 2025
•Municipal
electrification
•Downtown parking
management program
•On-demand transit
pilot
•Full-scale multi-family EV
charger program
(tentative)
Studies to guide program launches:
•EV Strategic Plan
•Multi-family and
income-qualified EV
work plan
•Bicycle Plan update
•Work plan for commuter
and visitor EV charging
and EV promotion
•Vision Zero program
(tentative)
P4 for other studies that
may result in new
programs) and the EV
Strategic Plan
Build awareness of the need for climate action and the City’s services and achievements. Drive community actions to achieve S/CAP goals. Build confidence in the City’s electric infrastructure. Report results from new and existing programs:

P3 (Build
awareness and
confidence)
•New program: HPWH
pilot
•Existing programs:
•Existing Mobility
programs
•Multi-family EV
charger
•New programs: Full-scale
HPWH program, commercial
HVAC pilot
•Continuation of existing
programs
•New programs; Full-
scale HVAC, multi-
family EV charger
•Continuation of
programs
•Evaluate new
programs based on
studies
P4 (Additional
emissions
reductions)
•Seek ideas from
community members
and other experts
•Monitor technologies
and medium term
opportunities
•Multi-family and non-
residential electrification
study
•Study highest potential
community
ideas/technologies
P5 (Funding
needs and
sources)
•Evaluate
implementation cost
for full scale high
impact / lower cost
programs
•Preliminary
evaluations of
potential funding
sources
•Decisions on how to fund
priority electrification areas
•Develop financial and
operational plan for gas
utility
•Implement follow up
from prior-year
studies
During the Finance Committee’s May 9, 2023 meeting, Committee members inquired about the potential to waive or reduce permit fees for electrification projects to further incentivize climate action. Multiple work items in the 2023-2025 S/CAP Work Plan include the potential for waived or reduced fees. Staff will evaluate waiving or reducing fees through development of pilot programs for whole home electrification, affordable housing EV charging and electrification, and commercial rooftop HVAC electrification. Additionally, the work item for single-family Item 14
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electrification rebates implicitly includes permit fees, as rebates and fee waivers are both options for using other funding sources to reduce the cost of electrification projects for permittees. As a first step, staff will contact other cities that have implemented electrification fee waivers to learn about the structure of their programs.

Sustainability
The Sustainability section of the draft work plan implements the S/CAP goals for a sustainable natural environment (including reducing waste, creating a sustainable and holistically managed water system, and a thriving urban canopy) by:
•Reducing water consumption while exploring ways to capture and store water, and increase the availability and use of recycled water
•Developing and adopting a multi-year Sea Level Rise Adaptation Plan •Minimizing wildland fire hazards through Foothills Fire Management Plan implementation, zoning, and collaborating with Fire agencies •Increasing Palo Alto’s Tree Canopy and reducing pesticide usage in parks and open space preserves
•Supporting the Green Stormwater Infrastructure (GSI) Plan and incorporating it in municipal projects
•Encouraging food waste reduction, prevention, and recovery and providing waste prevention technical assistance
•Eliminating single-use disposable containers and prioritizing domestic processing of recyclable materials
The Sustainability section Key Actions were prioritized based on the co-benefits analysis conducted by the City’s consultant, AECOM.

The draft 2023-2025 S/CAP Work Plan implements the direction of the S/CAP Ad Hoc Committee as put forth in the October 3rd City Council Motion (October 3 Action Minutes, page 410) to refer to S/CAP Ad Hoc committee to begin work on the following and present to the City Council by year end an outline of:

1. Identification of community partner organizations and how they can help support the S/CAP moving forward

2. Preliminary committee review of a prospective commercial HVAC electrification program (E2)

3. An EV strategic plan (EV1-10)
It does this by creating a work plan and timeline for taking action on the items listed above. 10 October 3 Action Minutes, Page 4 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2022/20221003/20221003amccsm.pdf#page=4 Item 14
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Palo Alto’s 2021 Greenhouse Gas Emissions Inventory
Cities represent the single greatest opportunity for tackling climate change, as they are responsible for 75 percent of global energy-related carbon dioxide emissions, with transportation and buildings among the largest contributors 11. The first step for cities to realize their potential is to identify and measure where their emissions come from.

In 2021, Palo Alto emitted an estimated 359,312 metric tons (MT) of carbon dioxide equivalent (CO2e) from the residential, commercial, industrial, transportation, waste, water, and municipal sectors.12 In comparison to the 1990 base year emissions (which were about 780,000 metric tons), that is a 53.9 percent decrease in total community emissions, despite a population increase of 19.5 percent during that same time period. Of that 53.9 percent reduction to-date, 44.2 percent came from achieving carbon neutrality for the City’s electricity portfolio, 28.6 percent from declines in transportation emissions, 13.9 percent from reduction in natural gas (methane13) consumption, 11.5 percent from declines in solid waste emissions, and 1.7 percent from declines in wastewater-related emissions. In comparison to 2020, that is a 6.7 percent decrease in total community emissions.

A comparison of 1990, 2019, 2020, and 2021 GHG emissions is shown in Figure 1. The full 2021 GHG inventory can be found in Attachment E. The full comparison between the 1990 and 2021 inventories can be found in Attachment F.
11 UN Environment Programme, ”Cities and Climate Change,” https://www.unep.org/explore-topics/resource- efficiency/what-we-do/cities/cities-and-climate-change
12 Carbon dioxide equivalent is a unit of measure that normalizes the varying climate warming potencies of all six GHG emissions, which are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). For example, one metric ton of nitrous oxide is 210 metric tons of CO2e.
13 Methane, which is the primary component of natural gas, is a very potent greenhouse gas, with a global warming potential that is 25 times higher than CO2 over a 100-year period.

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Figure 1: 1990 vs 2021 GHG Emissions by Sector
As shown in Figure 2, the two largest categories of emissions are transportation and mobile sources (including on-road transportation, airport emissions, off-road vehicles, and Caltrain commuter rail) and natural gas use (including residential, commercial, and industrial). For the emissions sources in 2021, 51.7 percent are from on-road transportation, 37.8 percent are from natural gas (methane) use, and the remainder are from other sources.

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Figure 2: 2021 GHG Emissions by Sector
Palo Alto’s Progress Towards Carbon Neutrality
Carbon neutrality focuses on balancing the amount of GHGs emitted against the amount of GHGs removed from the atmosphere. In Palo Alto, we strive for net zero emissions – reducing GHG emissions as close to zero as possible, then “offsetting” remaining emissions. It’s like trying to balance a scale. If there are GHG emissions remaining after reduction strategies have been exhausted, “offsets” are used to balance out or get to zero. Offsets are actions, such as carbon sequestration, taken to reduce – or “offset” - the amount of GHGs emitted. Carbon sequestration is the process of capturing and storing atmospheric carbon dioxide. For example, buying into new forest growth to store carbon in trees in one geographic area can offset GHGs emitted in another area.

Palo Alto currently purchases carbon offsets to balance emissions from natural gas (methane) use. However, we do not include these offsets in our GHG inventory. We do, however, include these offsets for the purposes of estimating our progress towards achieving carbon neutrality. As shown in Figure 3, if we include natural gas (methane) carbon offsets, then we are at 71.3% emissions reductions.

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Figure 3: 2021 Progress Towards Carbon Neutrality
Progress in S/CAP Areas
In addition to our overall emissions reductions progress, we are tracking key performance indicators in all S/CAP Areas. Highlights include:
•Climate Action: City Council passed the 2022 updates to the Green Building Ordinance 14 (also referred to as "2022 Reach Codes"). These carry over the requirements of the 2019 Reach Codes, with additional requirements in the areas of building electrification, EV infrastructure, water efficiency, and embodied carbon in building materials. The 2022 Reach Codes went into effect in January 2023, and collectively will avoid over 3,420 MT CO2e per year.
•Energy: The Full-Service Heat Pump Water Heater (HPWH) Pilot Program 15 launched after receiving Council Approval in September 2022. The program will make it easier and more affordable for residents to switch to a HPWH, with a goal of replacing 1,000 gas water heaters by the end of 2023. If fully subscribed, the program will reduce emissions by about 14 Green Building Ordinance and Energy Reach Codes; https://www.cityofpaloalto.org/City- Hall/Sustainability/Green-Building-Code-Requirements
15 Full Service Heat Pump Water Heater Pilot Program; https://www.cityofpaloalto.org/SwitchYourWaterHeater Item 14
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800 MT CO2e per year. At the end of 2022, there were 208 all electric homes in Palo Alto, compared to 135 at the end of 2016.
•Electric Vehicles: One in five households in Palo Alto now drives an EV. In 2022, there were an estimated 6,500 electric vehicles (EVs) registered in Palo Alto – 6 times more than in 2014 – collectively avoiding approximately 15,600 MT CO2e per year. •Mobility: In 2021, Palo Alto received the League of American Bicyclists’ Gold-Level Bicycle Friendly Community (BFC) Award16 in recognition of the years of work our transportation professionals, bike advocates, and residents have put in to creating transportation and recreational resources that benefit residents of all ages and abilities while encouraging healthier and more sustainable transportation choices. Palo Alto is one of 34 Gold Level BFCs out of a total of 487 BFCs nationwide. In 2022, Palo Alto made significant progress on the City’s 6th Cycle 2023-2031 Housing Element. The draft Housing Element 17 identifies potential sites for the construction of new housing units over the next eight years, which would assist in further reducing transportation emissions and vehicle miles traveled.
•Water: In July 2022, the City kicked off a One Water planning process in collaboration with Carollo Engineering. The 20-year One Water Plan18 will address future uncertainties such as imported water supply reliability, droughts, and climate change. Staff is working to engage the public via stakeholder meetings, web updates, and more. The plan is scheduled to be completed later this year.
•Climate Adaptation and Sea Level Rise: In 2022 the Sea Level Rise Vulnerability Assessment19 was completed. The Vulnerability Assessment will inform the development of a Sea Level Rise Adaptation Plan.
•Natural Environment: In June 2022, City Council adopted an updated Tree Ordinance 20 that expands tree protection to include additional protected tree species, roughly tripling the number of trees that would be classified as "protected" and imposes new requirements for developers seeking to remove these trees. The updated Tree Ordinance went into effect on July 21, 2022. In 2022, there were approximately 35,576 trees in the public right-of-way and City-owned property, collectively avoiding 1,463 MT CO 2e per year, sequestering 2,375 MT CO 2e per year, and providing $18.5 million in yearly eco benefits. (Note: some trees are missing data points necessary for these calculations, so this is undercounting by over 1,000 trees)
16 Palo Alto named Gold-Level Bicycle Friendly Community, June 2021; https://www.cityofpaloalto.org/News- Articles/City-Manager/City-of-Palo-Alto-named-a-Gold-Level-Bicycle-Friendly-Community-by-the-League-of- American-Bicyclists
17 2023-2031 Palo Alto Draft Housing Element; https://paloaltohousingelement.com/ 18 One Water Plan; https://www.cityofpaloalto.org/Departments/Utilities/Sustainability/Water-Conservation-and- Drought-Updates/One-Water-Plan
19 Sea Level Rise Vulnerability Assessment, 2022; https://www.cityofpaloalto.org/Departments/Public- Works/Watershed-Protection/Sea-Level-Rise
20 Tree Ordinance, 2022; https://www.cityofpaloalto.org/Departments/Public-Works/Public-Services/Palo-Altos- Urban-Forest/Tree-Ordinance-Update-2022/Tree-Ordinance-Information Item 14
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•Zero Waste: In December 2022 the City extended a successful pilot program 21 through 2026 which will keep more plastic and paper recyclables in the U.S. Recent Council action keeps 100 percent of the City's mixed paper and mixed rigid plastics to be recycled within the United States. New contract changes with GreenWaste of Palo Alto, the City's refuse hauler, reduce the recyclables sent to be processed internationally from 59 to 39 percent.

In 2022, Palo Alto earned a spot on environmental impact non-profit, CDP's 2022 Cities A List 22.

Palo Alto was recognized as one of 122 cities taking bold leadership on environmental impact and transparency. Of the over 1,000 local governments scored by CDP in 2022, only 12% received an A.

Also in 2022, Palo Alto received an Honorable Mention in the “Small City Category” of the 2022 Climate Protection Awards from the U.S. Conference of Mayors 23. The award winners are the 16th class of mayors to be honored for successful local climate action, changing how energy is used and produced in cities resulting in reduced carbon use and emissions. The City was recognized for the Multifamily Gas Furnace to Heat Pump Retrofit Pilot24.

FISCAL/RESOURCE IMPACT
Initiatives will be managed and funded across various departments and funds. Staff is working with the Office of Management and Budget and the City Manager’s Office to bring forward recommendations related to S/CAP needs as part of the Fiscal Year 2024 Proposed Budget, but most will need to be prioritized in consideration of competing priorities. Funding and resources will be discussed in greater detail with the S/CAP Ad Hoc Committee.

The Fiscal Year 2023 work items in the 2023-2025 draft S/CAP Work Plan can proceed with the actions approved in the Fiscal Year 2023 Adopted Budget. Staff expects to submit additional resource requests as part of the annual budget process in subsequent years as the work plan proceeds for the following areas:
•Funding for newly launched programs: As new programs are proposed for launch, funding for third-party program operators, rebates, and other expenses may be recommended to manage the programs.
•Program sales and marketing: Additional resources (consultants and/or staffing) may be needed for sales and marketing of future programs. Council partially approved these resources along with its October 3, 2022 approval of the Advanced Heat Pump Water 21 Palo Alto is Now Keeping More Recyclables in the United States, Dec 2022; https://www.cityofpaloalto.org/News-Articles/City-Manager/Palo-Alto-is-Now-Keeping-More-Recyclables-in-the- United-States
22 CDP A List, 2022; https://www.cdp.net/en/cities/cities-scores 23 Climate Protection Awards from the U.S. Conference of Mayors, 2022; https://www.usmayors.org/wp- content/uploads/2022/05/2022-Climate-Winning-Programs.pdf 24 Multifamily Gas Furnace to Heat Pump Retrofit Pilot, 2022; https://www.cityofpaloalto.org/files/assets/public/sustainability/reports/palo-alto-multifamily-heat-pump-pilot- report_final_3-4-22-with-appendices.pdf
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Heater pilot program25.
•Permit review: Permit activity associated with new programs will create a need for permit review staff and/or consultants. Council approved permit review resources for the Advanced Heat Pump Water Heater Pilot Program 26, but not for future programs. These resource requests will be recommended to be funded by increased permit revenue. •Capital budgets for grid modernization: Additional engineering staffing has already been approved for grid modernization work, but capital budgets for design and construction work have not yet been proposed. Staff will recommend projects as part of the development of the 2024-2028 five-year Capital Improvement Plan. •Consulting budgets: Consulting budgets for calendar year 2023 and 2024 studies will be considered through the FY 2024 budget process or as part of a separate budget amendment where needed.

Some items in other work plans are also relevant to the S/CAP Work Plan. The Utilities Strategic Plan, for example, includes workforce development and advanced metering infrastructure (AMI) work items that are directly relevant to the S/CAP. Some of these may involve future budget requests as well.

POLICY IMPLICATIONS
The S/CAP Report, 2023-2025 S/CAP Work Plan, and Earth Day Report align with one of the top four Council Priorities for CY 2023: “Climate Change & Natural Environment: Protection and Adaptation”.

STAKEHOLDER ENGAGEMENT
Wide-reaching and coordinated public engagement was done as part of the S/CAP Update prior to acceptance of the proposed S/CAP Goals and Key Actions. Feedback from these engagement processes informed development of the draft 2023-2025 S/CAP Work Plan. For a summary, please see the Stakeholder Engagement section of Staff Report 14606 27, packet page 101.

Additional engagement on the 2023-2025 S/CAP Work Plan included a meeting with the Council S/CAP Ad Hoc Committee’s Working Group on November 4, 2022, and a public S/CAP Ad Hoc Committee meeting on May 24, 2023.

During development of the S/CAP Update, the S/CAP Ad Hoc Committee and associated Working Group and Working Group teams have been the primary venue for public engagement. As the focus of the S/CAP work shifts from development to implementation, other models for both 25 City Council, September 27, 2022; Agenda Item #10; SR #14606, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220927/20220927pccsmlinked-amended-v2.pdf#page=79 26 City Council, September 27, 2022; Agenda Item #10; SR #14606, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220927/20220927pccsmlinked-amended-v2.pdf#page=79 27 City Council, September 27, 2022; Agenda Item #10; SR #14606, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220927/20220927pccsmlinked-amended-v2.pdf#page=101 Item 14
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engagement and governance of the work may be appropriate. Staff will return to Council later in 2023 to discuss the potential options.

ENVIRONMENTAL REVIEW
Staff commenced CEQA evaluation of the S/CAP, including the Work Plan elements described in this staff report, upon Council’s October 3, 2022 acceptance of the proposed S/CAP Goals and Key Actions. The City’s consultant, AECOM, conducted the Environmental Impact Report (EIR) Addendum to the City of Palo Alto Comprehensive Plan Final Environmental Impact Report, which evaluates the impacts of the proposed S/CAP. AECOM found that the S/CAP meets the substantive and procedural recommendations for a GHG reduction plan per CEQA guidelines. The Resolution Approving an Addendum to the Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate Action Plan can be found in Attachment C.

ATTACHMENTS
Attachment A: Background on S/CAP Development
Attachment B: 2022 S/CAP Report
Attachment C: Resolution Approving an Addendum to the Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate Action Plan Attachment D: 2023-2025 S/CAP Work Plan
Attachment E: 2021 GHG Inventory
Attachment F: 1990 vs 2021 GHG Emissions by Sector and Subsector APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
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Attachment A: Background on Sustainability and Climate Action Plan (S/CAP) Development •April 18, 2016: City Council adopted the ambitious goal of reducing GHG emissions to 80 percent below 1990 levels by 2030 1 (the “80 x 30” goal) - 20 years ahead of the State of California 80 x 50 target, and an interim step towards California’s statewide goal of achieving carbon neutrality by 20452.
•November 28, 2016: City Council adopted the S/CAP Framework 3, which has served as the road map for achieving Palo Alto’s sustainability goals. •December 11, 2017: City Council accepted the 2018-2020 Sustainability Implementation Plan “Key Actions” as a summary of the City’s work program4. •June 16, 2020: The City launched an S/CAP update to determine the goals and key actions needed to meet its sustainability goals, including the 80 x 30 goal.5 •April 19, 2021: Staff presented a preliminary impact analysis and Council directed the Mayor to form an S/CAP Ad Hoc Committee.6
•August 2021 to April 2022: The S/CAP Committee held several public meetings with City staff.7
•November 17, 2021: The S/CAP Ad Hoc Committee held the first meeting of its S/CAP Working Group, which assembled knowledgeable members of the community to consult with Council members and City staff on S/CAP implementation priorities. •December 13, 2021: Staff presented a Progress Report on the Sustainability and Climate Action Plan Update and S/CAP Ad Hoc Committee Work8 to Council. •March 7, 2022: Council and the Utilities Advisory Commission (UAC) held a joint study 1 City Council, April 18, 2016; Agenda Item #10; SR #6754, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2016/id-6754.pdf
2 In September 2018, Governor Brown signed California Executive Order B-55-18, setting the goal of achieving carbon neutrality as soon as possible, and no later than 2045. The state is to maintain net negative net emissions after 2045, meaning that GHG sinks must exceed GHG sources. The Executive Order explains that the carbon neutrality goal is layered on top of the state’s existing commitments to reduce greenhouse gas emissions 40% below 1990 levels by 2030 (as codified in SB 32), and 80% below 1990 levels by 2050. 3 City Council, November 28, 2016; Agenda Item #9; SR 7304 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2016/id-7304.pdf
4 City Council, December 11, 2017; Agenda Item 15; SR #8487, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2017/id-8487.pdf
5 City Council, June 16, 2020; Agenda Item 1; SR #11404, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020/id-11404-climate_sustainability-and-climate-action-plan.pdf?t=59513.75 6 City Council, April 19, 2021; Agenda Item 7; SR #12009, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12009.pdf
7 S/CAP Ad Hoc Committee Website, https://www.cityofpaloalto.org/scapadhoc 8 City Council, December 13, 2021, Agenda Item 19; SR #13765 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/2021/id.-13765-s-cap-update.pdf
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session9 to discuss sustainability and utility related items. •April 11, 2022: Staff presented the Earth Day Report 10 to Council on April 11, 2022. The Earth Day Report described the work of the S/CAP Ad Hoc Working Group teams. •June 14, 2022: The S/CAP Ad Hoc Working Group Teams held a public meeting to discuss their progress on three areas that would advance residential building electrification goals:
•Engagement. The work of this team included fine-tuning messaging on residential building electrification and developing a strategy and timeline for engagement. •Technology. The work of this team included reviewing current and emerging technologies and their feasibility for meeting the demands of a typical home and developing a strategy.

The team also considered the influence of electrification technologies that are implemented on the electrical grid improvements that are needed. •Finance. The work of this team included prioritizing the most feasible funding strategies and developing a strategy for financing S/CAP Implementation.

The working group teams also discussed an outline of a proposed Advanced Heat Pump Water Heater Pilot Program at the June 14 meeting. They agreed to have staff develop the outline into a more defined proposal.
•September 27 and October 3, 2022: Staff and the S/CAP Committee recommended, and Council accepted, the S/CAP Goals and Key Actions that would be used for environmental review. Staff and the S/CAP Committee recommended the creation of an Advanced Heat Pump Water Heater Pilot program and Council took several actions to enable the program to be launched.11
9 City Council and Utilities Advisory Commission, March 7, 2022; Agenda Item 3; SR #14076 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220307/20220307pccsmamendedfinal-linked.pdf#page=42 10 City Council, April 22, 2022; Agenda Item 2; SR # 14174, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/2022/id.-14174-earth-day-report-2022-edr22.pdf
11 City Council, October 3, 2022; Agenda Item #9; SR # 14720 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20221003/20221003accsm-amended-presentations.pdf#page=131 Item 14
Attachment A -
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Palo Alto City CouncilJune 5, 2023

Palo Alto City Council
June 5, 2023