Agenda packet — Palo Alto City Council, December 18, 2023 (part 3 of 4)

EXHIBIT A

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority
Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation (“PLHA”) Program (“Program”), this Standard Agreement along with all its exhibits (the “Agreement”) is entered under the authority of and in furtherance of the Program.

Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as “HCD” or “Department”) has issued a Notice of Funding Availability (the “NOFA”), dated February 26, 2020, to govern administration of the fund and carry out the Program.

2. Purpose
In accordance with the authority cited above, an application was made to the State (the “Application”) for assistance from the Program for the purpose of making funding available to eligible local governments in California for housing related projects and programs that assist in addressing the unmet housing needs of their local communities.

By entering into this Agreement and thereby accepting the award of the PLHA grant funds (the “Grant”), the Contractor (sometimes referred to herein as the “Applicant”) agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above.

3. 4.

Definitions
Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50470 and Section 101 of the Guidelines.

Scope of Work
A. The scope of work (“Work”) for this Agreement shall consist of one or more of the following eligible uses:
1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies.

Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 12/16/2022
Item 17
Attachment A - City of
Palo Alto - PLHA Executed
Agreement

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EXHIBIT A
2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high- cost areas. ADUs shall be available for a term of no less than thirty days. 3)
4)
Matching portions of funds placed into local or regional housing trust funds.

Matching portions of funds available through the Low- and Moderate- Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
5)
6)
Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.

Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.
b) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).

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EXHIBIT A
7)
8)
Accessibility modifications in Lower-income Owner-occupied housing.

Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
9) Homeownership opportunities, including, but not limited to, down payment assistance.
10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing Project.

B. A Local government that receives an allocation shall use no more than five percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation.

Two or more local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.

Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.

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EXHIBIT A
Department Contract Coordinator5.

The Department’s Contract Coordinator for this Agreement is the Division of Financial Assistance, Grant Management Section PLHA Manager or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department Contract Coordinator at the following address:

California Department of Housing and Community Development Attention: Permanent Local Housing Allocation (PLHA)
Grant Management Section, Suite 400
2020 West El Camino Avenue, CA 95833
P. O. Box 952050
Sacramento, CA 94252-2050

6. Contractor Contract Coordinator
The Contractor’s contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address:

Authorized Representative Name: Jonathan Lait
Authorized Representative Title:

Agency Name:

Director of Planning and Development Services
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301Address:

Phone No.: (650)-329-2441
Email Address: [email protected]

7. Effective Date, Term of Agreement, and Deadlines
A.

This Agreement is effective upon approval by the Department, which is the date executed by all parties (such date, the “Effective Date”).

This Agreement shall terminate on June 30, 2030.

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EXHIBIT A
C.

Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees.

Any Grant funds which have not been expended by the expenditure deadline shall be disencumbered and revert to the Department. The expenditure deadline is fifty-eight months from the date of the budget appropriation for each year of funds included in this Agreement.

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. 2.

Budget Detail
The budget detail is contained in Exhibit E in this Agreement.

Contractor will be responsible for maintaining oversight of grant amounts and determining whether an amended PLHA Plan is required due to reallocation of more than ten percent among Activities funded per Section 302(c)(5).

Conditions of Disbursement
Prior to receiving any Grant funds, the Contractor shall submit the following for the Department’s approval:

Government TIN Form, as applicable.

No funding will be disbursed to Contractor unless Contractor and any delegating Local government has an approved Housing Element and is in compliance with the Housing Element Annual Progress Report requirements, pursuant to PLHA Program Guidelines section 302(a) and (b).

C. Contractor shall not be eligible to receive a new allocation if the Contractor has accrued an uncommitted amount of four times the pending allocation if the pending allocation is $125,000 or less; or $500,000 if the pending allocation is greater than $125,000 and less than $500,000; or the amount of the pending allocation if the allocation is $500,000 or more.

3. Performance
A. All funds must be disbursed within fifty-eight months of the budget appropriation.

Funds that are not disbursed within fifty-eight months of the budget appropriation will revert to the Housing Rehabilitation Loan Fund.

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EXHIBIT B
B. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be reduced proportionate to those years already allocated, calculated at the time that the appropriation is reduced or terminated and reduced accordingly. All subsequent years shall be terminated, and the grant agreement shall be of no further force and effect, after amounts due for the period upon the reduced appropriation or termination are returned by the Contractor to the State. In this event, the State and Contractor shall be relieved of any and all obligations under this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the Agreement and amount allocated to Contractor.

4. Fiscal Administration
A. The Contractor may request a disbursement of 100 percent of total awarded Grant funds after executing the Standard Agreement. Administrative costs related to the planning and execution of eligible activities shall not exceed five percent of the Grant amount.

B. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest-bearing checking or savings account insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for eligible Program activities and accounted for in Contractor’s annual report.

The Contractor shall make a good faith effort to minimize the number of disbursement requests by anticipating and requesting funds in advance.

The Contractor may request that Grant funds awarded for a certain eligible activity be moved to another activity without an amendment to this Agreement.

This request must be made in writing to HCD if the change from one activity to another exceeds ten percent of the grant amount and shall be effective only upon written HCD approval. HCD’s decision to approve or deny any such request shall be final, absent fraud, mistake or arbitrariness per Section 302(c)(5).

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EXHIBIT B

5. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the subsequent years covered under this Agreement does not appropriate sufficient funds for the program this Agreement shall remain in force and effect until the time of notice of reduced or terminated appropriation, The Agreement shall be terminated by the State by providing Contractor written notice of not less than thirty days prior to the effective date of the termination. In the event of termination by the State due to lack of Budget appropriation, the State and Contractor shall be relieved of any and all obligations under this Grant Agreement on the effective date of termination and the Contractor shall return the amount for subsequent year allocations.

B. Subject to Section 5A. above, if funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the current Grant Agreement and amount allocated to Contractor.

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EXHIBIT D

PLHA PROGRAM TERMS AND CONDITIONS

1. Effective Date, Commencement of Work
This Agreement is effective upon the date of the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213. Contractor agrees that work under this agreement shall not commence until execution of the STD 213, (the “Effective Date”).

2. 3.

Strict Compliance
Contractor will strictly comply with the terms, conditions and requirements of the Permanent Local Housing Allocation (PLHA) Statutes, Guidelines, the Notice of Funding Availability (NOFA), and this Agreement.

Contractor’s Application for Funds
A.

Contractor has submitted to the Department an Application for a Grant under the Program. The Department is entering into this Agreement based on, and in substantial reliance upon, Contractor’s facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement.

Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor’s knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the Grants or activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.

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EXHIBIT D

4. Eligible Activities
Grant funds awarded to the Contractor and expended by either the Contractor or any entity to which Contractor awards funds shall be used for the eligible activities set forth in Exhibit A as required by the PLHA Statutes. The following additional requirements shall apply:

A. Each Contractor shall submit a Plan detailing:
1)
2)
The manner in which allocated funds will be used for eligible activities.

A description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below sixty percent of AMI. Programs targeted at households at or below sixty percent of AMI will be deemed to meet this requirement. 3)
4)
A description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.

Evidence that the Plan was authorized and adopted by resolution by the Local government and that the public had an adequate opportunity to review and comment on its content.
5) The following for each proposed Activity:
a) A description of each proposed Activity, pursuant to Section 301 of the Guidelines and the percentage of funding allocated to it. The description shall specifically include the percentage of funds, if any, directed to Affordable Owner-Occupied Workforce Housing (AOWH).
b) The projected number of households to be served at each income level and a comparison to the unmet share of the Regional Housing Needs Allocation (RHNA) at each income level.
c)
d)
A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity.

The period of affordability and level of affordability for each Activity. Rental Projects are required to have affordability periods of at least fifty-five years.

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EXHIBIT D
6)
7)
The Plan is required to be for a term of five years. Local governments shall obtain approval of the Department for amendments made to the Plan in each succeeding year of the term of the Plan. Reallocations of more than ten percent of funds among Activities require amendment of the Plan, with approval granted by the governing body at a publicly noticed public meeting.

If funds are used for the acquisition, construction, or rehabilitation of for- sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements if the property is no longer the primary residence of the homeowner due to sale, transfer or lease, unless it is in conflict with the requirements of another public funding source or law:
a) PLHA loan and any interest thereon shall be repaid to the Local government’s PLHA account. The Local government shall reuse the repayments consistent with the Eligible Activities per Section 301 of the Guidelines; or,
b)
c)
The initial owner and any subsequent owner shall sell the home at an Affordable housing cost to a qualified Lower-Income or Moderate-Income household; or,
The homeowner and the Local government shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds of the equity-sharing agreement consistent with the Eligible Activities per Section 301 of the Guidelines. 8)
9)
If funds are used for the development of an affordable rental housing project, the Local government shall make the PLHA assistance in the form of a loan to the Sponsor of the project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust.

A program income reuse plan describing how repaid loans shall be reused for eligible activities specified in Section 301 of the Guidelines.

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EXHIBIT D

5. Core Practices
A. A Contractor or Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Contractor or Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code.

6. Monitoring Grant Activities
A.

Contractor shall monitor the activities selected and awarded by them to ensure compliance with PLHA requirements. An onsite monitoring visit of Subrecipients and any other service providers shall occur whenever determined necessary by the Contractor, but at least once during the Grant period.

The Department will monitor the performance of the Contractor based on a risk assessment and according to the terms of this Agreement. The Department may also monitor any Subrecipients of the Contractor as the Department deems appropriate based on a risk assessment.

As requested by the Department, the Contractor shall submit to the Department all PLHA monitoring documentation necessary to ensure that Contractor and its Subrecipients are in continued compliance with PLHA requirements. Such documentation requirements and the submission deadline shall be provided by the Department at the time such information is requested from the Contractor.

7. Reporting/Audits
A. Commencing with the Effective Date of this Agreement and continuing through the Expiration Date, the Contractor shall submit an annual report to the Department by July 31 of each year that reports all activities from the previous fiscal year (7/1–6/30), on forms provided by the Department.

The first report will be due on July 31, 2021 and will report all activities from date of initial fund disbursement through June 30, 2021.

B. The annual report shall contain a detailed report which must include, at a minimum:
1) Identification of the Eligible Activities to which the Contractor committed program funds, and the income levels of households assisted.

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EXHIBIT D
2)
3)
Amounts awarded to Subrecipients with the activity(ies) identified; Identification of the Eligible Activities upon which the Contractor expended program funds, and the income levels of households assisted and the affordability level for any units assisted; and, 4) Close out report for contracts that were fully expended and in which all activities funded were completed during the fiscal year.

The Department may request additional information as needed to meet other applicable reporting or audit requirements.

The Contractor is responsible for the completion of audits and all costs of preparing audits.

The Department reserves the right to perform or cause to be performed a financial audit. At the Department’s request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant.

F. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36. 1) The Contractor shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers.
2)
3)
The Contractor is responsible for the completion of audits and all costs of preparing audits.

If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within ninety (90) days from the date of the audit finding report.

8. Retention and Inspection of Records
A. The Contractor is responsible for maintaining records, which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds.

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EXHIBIT D
B. The Contractor agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide the Department or its designee, with any relevant information requested. The Contractor agrees to permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the PLHA Statutes, the NOFA, and this Agreement.

C. The Contractor further agrees to retain all records for a period of five years after the end of the term of this Agreement:
1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues, which arise from it.
2) The Contractor also agrees to include in any contract that it enters into in an amount exceeding $10,000, the Department’s right to audit the contractor’s records and interview their employees. The Contractor shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10.

The determination by the Department of the eligibility of any expenditure shall be final. If the eligibility of any expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and HCD shall determine the reimbursement method for the amount disallowed.

The Contractor shall retain all books and records relevant to this Agreement for a minimum of five years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter.

9. Breach and Remedies
A. The following shall each constitute a breach of this Agreement:
1) Contractor’s failure to comply with the terms of this Agreement.

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EXHIBIT D
2)
3)
Use of, or permitting the use of, Grant funds provided under this Agreement for any ineligible costs or for activities not approved under this Agreement.

Any failure to comply with the deadlines set forth in this Agreement.

B. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may:
1)
2)
3)
Bar the Contractor from applying for future PLHA and other HCD funds; Revoke any other existing PLHA award(s) to the Contractor; Require the return of any unexpended PLHA funds disbursed under this Agreement;
4)
5)
Require repayment of PLHA funds disbursed and expended under this agreement;
Require the immediate return to the Department of all funds derived from the use of PLHA funds including, but not limited to recaptured funds and returned funds;
6)
7)
Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with the PLHA Program requirements; and,
Seek such other remedies as may be available under the relevant agreement or any law.

All remedies available to the Department are cumulative and not exclusive.

The Department may give written notice to the Contractor to cure the breach or violation within a period of not less than fifteen days.

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EXHIBIT D

10. Termination
A. The Department may terminate this Agreement at any time for cause by giving a minimum of thirty days’ notice of termination, in writing, to the Contractor. Cause shall consist of, violations of any terms and/or special conditions of this Agreement, the PLHA Statutes, or the NOFA. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Contractor shall be returned to the Department within thirty days of the notice of termination.

This Agreement is subject to any additional restrictions, limitations or conditions, or statute, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or the State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

The Department has the option to terminate this Agreement under the thirty-day cancellation clause or to amend this Agreement to reflect any reduction of funds.

11. 12.

Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

Relocation
Contractor shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State.

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EXHIBIT D

13. Special Conditions Contractors and Subrecipients
The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department prior to disbursement of funds. The Contractor shall ensure that all Subrecipients are made aware of and agree to comply with all conditions of this Agreement and the applicable State requirements governing the use of Grant funds. The Contractor shall ensure that all Subrecipients are qualified to do business and in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of this Agreement.

14. 15.

Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Grant, the Contractor, its Subrecipients, and any other Grant activity.

Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Contractor shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.

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EXHIBIT E

PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS
Program-Specific Provisions1.

The following are project-specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to project-specific information not contained in those prior exhibits.

Budget Detail:

Contractor has been awarded the following grant activity amounts for 2019: $231,496 Contractor has been awarded the following grant activity amounts for 2020: $359,817 Contractor has been awarded the following grant activity amounts for 2021: $395,967 Estimated five-year allocation may not exceed: $1,388,976 Payees:

A. The authorized Payee(s) is/are as specified below:

Name: City of Palo Alto Amount: $987,280
Plan:

The PLHA funds are dedicated to preservation of existing affordable housing units, operating subsidies for existing affordable housing units, and construction of new affordable housing units at or below 60% AMI.

Funding Allocation Year 2019 2020 2021 2022 2023
Affordable Affordable Affordable Affordable AffordableType of Activity Housing Housing Housing Housing Housing Percentage of Funds
Allocated for Each Activity
Area Median Income
Level Served
40%
60%
20%
60%
20%
60%
20%
60%
20%
60%
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 12/16/2022
Item 17
Attachment A - City of
Palo Alto - PLHA Executed
Agreement

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EXHIBIT E
The PLHA funds focused for Activity (6) are dedicated to addressing the needs of people experiencing or at risk of homelessness, which are people which are at an income level of 0% through 30% AMI.

Funding Allocation Year 2019 2020 2021 2022 2023
Street
Outreach
Street
Outreach
Street
Outreach
Street
Outreach
Street
OutreachType of Activity
Percentage of Funds
Allocated for Each Activity
Area Median Income
Level Served
50%
30%
60%
30%
60%
30%
60%
30%
60%
30%
Type of Activity Emergency Emergency Emergency Emergency Emergency Shelter Shelter Shelter Shelter Shelter
Operating Operating Operating Operating Operating
Percentage of Funds
Allocated for Each Activity
Admin
10%
30%
0%
20%
30%
0%
20%
30%
0%
20%
30%
0%
20%
30%
0%
Total 100% 100% 100% 100% 100%

2. Special Conditions
The following Special Conditions are applicable to this Standard Agreement:

None.

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: December 18, 2023
Report #:2312-2313
TITLE
Approval of a Resolution Authorizing the City Manager to Negotiate and Execute Temporary Construction Easements and Compensation with the Property Owners at 475 Newell Road and 1761 & 1767 Woodland Avenue for the Newell Road/San Francisquito Creek Bridge Replacement Project CIP Program (PE-12011); CEQA - Environmental Impact Report for Newell Road/San Francisquito Creek Bridge (Resolution No. 9889)

RECOMMENDATION
Staff recommends that Council authorize the City Manager or their designee to negotiate and execute temporary construction easements and compensation in the amount of $226,000 with the property owner at 475 Newell Road and $122,400 with the property owner at 1761 & 1767 Woodland Avenue for the Newell Road/San Francisquito Creek Bridge Replacement Project CIP Program (PE-12011).

BACKGROUND
Replacement of the Newell Road Bridge is a key element of flood control for San Francisquito Creek. On June 1, 2020, Council approved the project and the Final Environmental Impact Report (EIR). The full background of the project’s process and contract amendments can be found in the report for the Council action on June 22, 2021.1 Additionally, Council approved a contract amendment for the right-of-way work on November 27, 2023.2

ANALYSIS
The Right-of-Way Appraisal and Acquisition process formally commenced in May 2023. The consultants conducted field inspections and prepared appraisal reports for each of the seven parcels needed to complete the project. The reports identified the areas within private property needed to construct improvements such as retaining walls, pathways, and 1 City Council, June 22, 2021, Agenda Item #5; SR #12368 https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12368.pdf
2 City Council, November 27, 2023, Agenda Item #x8 SR #2308-1944 www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip-contracts/pe-12011-newell- road-bridge-nv5-contract-amedment-sr2308-1944-11.27.2023.pdf Item 18
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driveway/parking areas. The reports include compensation amounts based on various factors including parcel area, project area within the parcel, the land use (multi-family, undeveloped, single family), and recent comparables. The appraisal reports were submitted to Caltrans and to the property owners for review. The project will need to acquire seven temporary construction easements and one permanent easement from a total of three property owners. The permanent easement, located within a privately owned parcel in the creek, is for the public access roadway and maintenance of the bridge. While Caltrans is reviewing and verifying that the language in the agreements meets the Highway Bridge Program requirements, staff and the City’s consultants started negotiation discussions with the three owners. Five of the compensation amounts are within the City Manager’s authority to execute, but two of them exceed $85,000.

While proposed compensation for the easement agreements has been established by the appraisals, staff is still negotiating certain terms with the property owners. Therefore, staff requests Council approve a resolution (Attachment A) to authorize the City Manager to negotiate terms and execute easement agreements with compensation in the amounts of $226,000 and $122,400 for 475 Newell Road and 1761 & 1767 Woodland Avenue, respectively.

Key terms of the agreements include:
•The agreements will commence at the time a Right-of-Way Certification is executed by Caltrans and are for a 30-month duration.
•The term may be extended by an amendment and additional compensation based on fair market value at the time of extension, in the case of unforeseen delays in construction.
•The owner of 475 Newell agrees to construction and future maintenance of the improvements proposed within private property including, but not limited to, raising the driveway ramp, adding inlets to capture runoff, removal of one private tree, new fencing along the project frontage, and installation of retaining walls. •The owner of 1761 and 1767 Woodland Avenue, in East Palo Alto, agrees to the construction and future maintenance of improvements proposed within private property including, but not limited to, ADA improvements, adding storm drain improvements to capture runoff, removal of one private tree, new fencing along Woodland Avenue, and installation of retaining walls.
•City of Palo Alto will provide all necessary engineering, inspection, and administrative services in connection with the project. •The owners are responsible for the maintenance of the private improvements once these are constructed and the project is completed.

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FISCAL/RESOURCE IMPACT
Funding for both of these agreements is available in the Fiscal Year 2024 Adopted Capital Improvement Program Newell Road/San Francisquito Creek Bridge Replacement project (PE- 12011).

STAKEHOLDER ENGAGEMENT
Significant stakeholder engagement was done during the environmental review phase. Ongoing coordination with adjacent property owners is underway as part of the right-of-way phase.

ENVIRONMENTAL REVIEW
An Environmental Impact Report for the Newell Road/San Francisquito Creek Bridge Replacement Project was completed and certified by Council on June 1, 2020 (SR #11184) by adoption of Resolution No. 9889.3

ATTACHMENTS
Attachment A: Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Negotiate and Execute Temporary Construction Easements in the Amount of $226,000 with the Property Owner at 475 Newell Road, Palo Alto and $122,400 with the Property Owner at 1761 & 1767 Woodland Avenue, East Palo Alto for the Newell Road/San Francisquito Creek Bridge Replacement Project.

APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
3 Resolution 9889, https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso- 9889.pdf?t=62904.01
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1 00009_20231207_mv30
Resolution No. ____
Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Negotiate and Execute Temporary Construction Easements in the Amount of $226,000 with the Property Owner at 475 Newell Road, Palo Alto and $122,400 with the Property Owner at 1761 & 1767 Woodland Avenue, East Palo Alto for the Newell Road/San Francisquito Creek Bridge Replacement Project CIP Program (PE-12011).

R E C I T A L S

A. Replacement of the Newell Road Bridge is a key element of flood control for San Francisquito Creek (“Project”).

B. To replace the Newell Road Bridge, the City needs to acquire seven temporary construction easements and one permanent easement from a total of three prope rty owners, including the two property owners at 475 Newell Road , Palo Alto and 1761 & 1767 Woodland Avenue, East Palo Alto.

C. The appraisal process formally commenced in May 2023 to determine the fair compensation to acquire the temporary construction easements needed to complete the project. The compensation amounts are based on various factors including parcel area, project area within the parcel, the land use (multi -family, undeveloped, single family), and recent comparables.

D. The City has determined that compensation in the amounts of $226,000 and $122,400 for 475 Newell Road and 1761 & 1767 Woodland Avenue, respectively, is appropriate.

E. Although c ompensation for the easement agreements has been agreed upon, certain terms are still being negotiated.

F. Authorizing the City Manager or designee to negotiate and execute the temporary construction easements will allow the City to expeditiously sign the agreements with the property owners when negotiations are complete.

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

SECTION 1
. The City Manager or their designee is hereby authorized to negotiate and execute temporary construction easements in the amount of $226,000 with the property owner at 475 Newell Road and $122,400 with the property owner at 1761 & 1767 Woodland Avenue for the Newell Road/San Francisquito Creek Bridge Replacement Project CIP Program (PE-12011).

Item 18
Attachment A -
Resolution Temporary
Construction Easement of
$226,000 with Property
Owner at 475 Newell Rd
and $122,400 with
Property Pwner at 1761 &
1767 Woodland Ave, EPA
for Newell Rd-San
Francisquito Creek Bridge
Replacement Project

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SECTION 2. The Council finds that th e 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.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

__________________________ _____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

__________________________ _____________________________ Assistant City Attorney City Manager

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: December 18, 2023
Report #:2311-2289
TITLE
SECOND READING: Adoption of an Ordinance Amending the Palo Alto Municipal Code to Add Chapter 9.65 and Amend Chapter 9.72 to Establish a Mandatory Registry Program of Residential Rental Units in the City of Palo Alto; CEQA Status - Exempt under CEQA Guidelines Section 15061(b)(3) (FIRST READING: November 27, 2023 PASSED 6-1, Tanaka No).

RECOMMENDATION
In accordance with City Council’s prior action on November 27, 2023, staff recommends approval on second reading of the attached Ordinance (Attachment A). The Ordinance amends the Palo Alto Municipal Code (PAMC) to add Chapter 9.65 (Residential Rental Registry Program) and amends Chapter 9.72 (Mandatory Response to Request for Discussion of Disputes Between Landlords and Tenants) to establish a mandatory rental registry program of residential rental units in the City of Palo Alto.

BACKGROUND
On November 27, 2023, City Council held a public hearing on the Rental Registry Program (RRP), which included a first reading of a draft Ordinance to establish the program.1 In a vote 6-1 (Tanaka no), City Council took the following actions:

1. Adopted an Ordinance establishing a mandatory rental registry program that collects rental unit information for multi-family units and single-family rental units, enables cost recovery fees, and allows for enforcement;

2. Directed staff to commence with a phased implementation initially with multi-family housing (3-units and above), and return to Council to evaluate the potential expansion to all rental properties including single-family homes at the end of year two;

3. Directed staff to return to Council with a contract for professional services, authorization for one new full-time position in FY 2024-2025, and resolutions as detailed in the staff report;
1 City Council City Manager Report # 2308-1904, November 27, 2023:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13307.

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4. Directed staff to survey existing enforcement mechanisms and Ghost House (extended vacancy) data collection in other jurisdictions and return to Council by end of calendar year 2024; and

5. Amend Attachment A to include an event-based registration on unlawful detainers and rent increases.

In summary, City Council approved the draft Ordinance with minor text amendments, provided RRP implementation direction to the City Manager, and requested additional staff research efforts.

ANALYSIS
Staff updated the draft Ordinance (Attachment A) to reflect City Council action on November 27, 2023. The updates add any increase in rent and the filing of an unlawful detainer complaint as two additional events for which landlords would be required to amend their rental unit registrations. Therefore, the four events listed specifically in the Ordinance that would necessitate landlord event-based reporting are as follows:
•Any increase in rent,
•A notice to quit is sent to a renter,
•An unlawful detainer complaint is filed, or
•An eviction.

TIMELINE
If approved, the Ordinance would become effective on the 31st day after the second reading, tentatively January 11, 2024.

FISCAL/RESOURCE IMPACT
As discussed in the November 27, 2023 City Manager Report, implementing the RRP will have a fiscal impact due to the need for new software, consultant services, and new staff resources.

Staff will return to City Council for consideration of a professional services contract and/or authorization of a new 1.0 full-time equivalent employee in FY 2024 - FY 2025. Staff will also return to City Council for RRP participation fee establishment on a per rental unit basis. Given that City Council directed staff to initially waive RRP participation fees, the City would need to provide funding until corresponding revenue can support the program.

STAKEHOLDER ENGAGEMENT
Staff conducted community outreach and stakeholder engagement regarding the Rental Registry Program, as discussed in the November 27, 2023 City Manager Report. Staff will continue to conduct ongoing community outreach and stakeholder engagement activities in conjunction with program development and implementation.

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ENVIRONMENTAL REVIEW
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: Ordinance Adopting Residential Rental Registry Program APPROVED BY:

Jonathan Lait, Planning and Development Services Director Item 19
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Not Yet Approved
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Adopting Chapter 9.65 (Residential Rental Registry Program) and Amending Chapter 9.72 (Mandatory Response to Request for Discussion of Disputes Between Landlords and Tenants) to Establish a Mandatory Registry Program of Residential Rental Units

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 and accessory and junior accessory dwelling units to properties with multi-family apartment buildings containing a variety of unit types; D. There is a need to ensure that housing is provided for people of all inco me levels and to 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 renters being at risk of displacement; F. The City desires to implement policies for certainty, stability, and fairness in the rental market for renters and landlords;
G. The City finds value in having an updated registry of rental units and landlord contact information, for purposes such as informing City housing policy updates and assisting with renter/landlord mediation services;
H. The City and State have instituted existing renter protections, and the City has an interest in understanding the extent of awareness of these protections in the community and the status of implementation;
I. A significant number of renters in Palo Alto are low-income and cost-burdened; J. The City mak es a significant investment on an ongoing basis regarding rental unit protection, preservation, and production and will also soon implement the 6 th Cycle
Housing Element policies and programs;
K. The City hosted public hearings to gain feedback on the Rental Registry Program, including before the Human Relations Commission on September 23, 2021 and May 24, 2023, the Planning & Transportation Commission on April 28, 2021 and May 31, 2023, City Council Item 19
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on November 8, 2021, November 15, 2021, and November 29, 2021, the Policy & Services Committee on September 13, 2022, and the Housing Ad Hoc on August 31, 2023; and L. The City Council finds and determines tha t the Residential Rental Registry Program ordinance codified in Palo Alto Municipal Code Chapter 9 .65 (Residential Rental Registry Program) is adopted pursuant to the authority to protect the public health, safety, and welfare.

SECTION 2. Chapter 9.65 (Residential Rental Registry Program) of Title 9 (Public Peace, Morals and Safety) is hereby adopted as follows:

9.65.010. Purpose.

The purpose of this chapter is to adopt a residential rental registry program for the city of Palo Alto, which will allow the city to:

(a) Learn about the Palo Alto residential rental landscape as it is experienced by renters and landlords;
(b) Make data -informed policy decisions that protect public health, safety, and welfare for the residents of Palo Alto and that support certainty, stability, and fairness in the residential rental market for renters and landlords; (c) Support community awareness of existing renter protections; (d) Support the implementation of the c ity’s Housing Element goals, policies, and programs, including providing information available to inform the c ity’s significant investments in rental unit protection, preservation, and production.

9.65.020. Definitions.

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

(a) “Landlord” means 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 cons ideration, 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) “Rental registry information” means the information required to be submitted to the city of Palo Alto by a landlord pursuant to this chapter. (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. The term “residential rental unit” shall not include an attached Item 19
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bedroom of a landlord-occupied dwelling where the landlord and renter(s) share living facilities.
(e) “Renter” means a person or entity entitled by written or oral agreement to occupy a residential rental unit to the exclusion of others.

9.65.030. Registration of residential rental units.

(a) Initial Registration of Residential Rental Units . The landlord of each residential rental unit within the city of Palo Alto shall register the unit within the annual open registration period established by the City Manager or their designee .

Registration must be completed using forms provided by the city, which may take the form of a secure website , and which may be amended from time to time .

Registration is complete only when all rental registry information has been provided to the city and all outstanding fees and penalties, if applicable, have been paid.
(b) Renewal Registration. The landlord of each residential rental unit within the city of Palo Alto shall renew the registration of each unit annually within the annual open registration period established by the City Manager or their designee. (c) Rental Registry Information Submission.
(1) At minimum, the following information shall be provided as part of the initial and renewal registration of a residential rental unit:
i. The address of each residential rental unit,
ii. The name and contact information of the property owner and property manager or landlord, as applicable.
(2) In addition to requiring the minimum information described in paragraph

9.65.030 (c)(1), the City Manager or their designee shall have the authority to require or request additional information at initial or renewal registration which may help to achieve the intended purpose of this chapter.
(3) The City Manager or their designee shall have the authority to require rental registry information to be submitted in a particular manner or on a particular platform, such as on a secure website or through paper -based forms, which may be amended from time to time.
(d) Event-based Registration Amendments.
(1) At minimum, landlords shall amend the registration of their residential rental unit within 10 calendar days whenever one of the following events occurs in relation to that residential rental unit:
i. Any increase in rent,
ii. A notice to quit is sent to a renter,
iii. An unlawful detainer complaint is filed, or
iv. An eviction.
(2) The City Manager or their designee shall have authority to designate additional events which will require landlords to amend the registration of Item 19
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their residential rental units and which may help to a chieve the intended purpose of this chapter.
(e) Affidavit. Each initial and renewal registration and event -based registration amendment shall be accompanied by an affidavit signed by the landlord declaring under penalty of perjury that the information provide d is true and correct.
(f) Fees.
(1) For the sole purpose of reimbursing the city of Palo Alto for the reasonable costs of maintaining residential rental unit registration records and related administrative systems, and program administration, the landlord of each residential rental unit to which this chapter applies shall pay a fee upon initial and renewal registration in an amount to be set by the Palo Alto city council.
(2) Notwithstanding paragraph (1) of this subsection, the city council may, in its discretion, waive or reduce the fees for initial or renewal registration to help achieve the intended purpose of this chapter.
(3) A landlord may not seek recovery of this fee from the renter(s) in occupancy of their residential rental unit(s).

9.65.040. Rental registry information privacy.

The City will only affirmatively publish or disseminate rental registry information in the aggregate, except that rental registry information describing individualized residential rental units may be shared or distributed in the following circumstances:

(a) Individualized rental registry information regarding a renter’s tenancy at a specific residential rental unit may be shared with that renter; (b) The status of whether the City has or has not received rental registry information regarding a residential rental unit may be shared with the public; and
(c) As required by the California Public Records Act, individualized rental registry information may be disclosed pursuant to a request.

9.65.050. Penalties.

(a) Penalties for Delinquency. Any landlord operating in the city that fails to register or amend their residential rental units in accordance with this Chapter shall pay, in addition to the amount of the registration fee, a penalty in an amount to be determined by ordinance or resolution.
(b) Penalty Waiver. The City Manager or their designee shall have discretion to waive this penalty fee for good cause and if the City Manager or their designee determines that waiving the penalty fee would promote the purpose of this chapter.

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(c) Action to Collect. If a landlord fails to comply with the fee requirements of this Chapter, the city may refer the matter to a collection agency and/or the city attorney may file a civil action against any landlord. Penalties may be added to the residential rental unit registration fee. Penalties will become due and payable along with the registration fee.
(d) Remedies Cumulative. All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter.

SECTION 3. Chapter 9.72 (Mandatory Response to Request for Discussion of Disputes Between Landlords and Tenants) of Title 9 (Public Peace, Morals and Safety) is hereby amended as follows:

9.72.050. Property registration.

(a) The landlord of each residential rental property within the city shall register the unit or units with the city according to the requirements of Chapter 9.65 (Residential Rental Registry Program), regardless of whether the residential rental property is listed in Section 9.72.030. The registration shall include the name and mailing address of the owner or owners of the property, as well as the name, mailing address and contact telephone number of the person having the legal authority to effectively resolve disputes arising under this chapter.

For the sole purpose of reimbursing the city of Palo Alto for the reasonable costs of maintaining property registration records and related administrative systems, the owner or manager of each residential rental unit to which this chapter applies shall pay a fee in an amount to be set by the Palo Alto city council.

SECTION 4. If any section, subsection, c lause 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 5. 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.

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SECTION 6. 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 Planning and Development
Services

____________________________
Director of Administrative Services
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 18, 2023
Report #:2312-2327
TITLE
SECOND READING: Adoption of an Ordinance Amending Chapter 2.30 (Contracts and Purchasing Procedures) and Chapter 2.37 (Business Tax) of the Palo Alto Municipal Code to Correct Clerical Errors and Clarify Procedures for Administering the Business Tax. CEQA Status -- Not a project. (FIRST READING: December 4, 2023 PASSED 7-0)

BACKGROUND
This was heard by the City Council on Decembre 4, 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 Amending Chapters 2.30 Contracts and Purchasing Procedures and

2.37 Business Tax
APPROVED BY:

Mahealani Ah Yun, Interim City Clerk
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*NOT YET APPROVED*
1 Ordinance No.

Ordinance of the Council of the City of Palo Alto
Amending Chapter 2.30 (Contracts and Purchasing Procedures) and Chapter

2.37 (Business Tax) of the Palo Alto Municipal Code to Correct Clerical Errors and Clarify Procedures for Administering the Business Tax

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. In November 2022, Palo Alto voters approved Measure K, adopting a general tax on businesses operating in the City of Palo Alto. The business tax is codified at Chapter 2.37 of the Palo Alto Municipal Code.

B. Section 2.37.270(a) of Chapter 2.37 allows the Council to amend Chapter 2.37 without the approval of the electorate, provided the amendment does not increase the amount of tax that any person would pay.

C. The Council finds it appropriate to amend Chapter 2.37 to correct clerical errors and clarify procedures to administer the tax. The Council also finds it appropriate to amend Chapter 2.30 to authorize the City Manager to approve contracts implementing business tax offsets, and to adopt an uncodified provision clarifying how the business tax cap will be calculated for calendar year 2023. None of these amendments will increase the amount of tax any person would pay.

SECTION 2. Section 2.30.210 (City Manager Contract Award Authority) of Chapter 2.30 (Contracts and Purchasing Procedures) of the Palo Alto Municipal Code is amended to read as follows:

2.30.210 City Manager contract award authority.

The City Manager may award and sign the following contracts:

(a) Public Works Contracts. Public works contracts, where the term does not exceed three years, and the contract price and any price contingency established for change orders, but excluding sales tax or use tax, do not exceed $250,000.00 in the first contract year, and do not exceed the sum of $250,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(b) Contracts for Goods. Contracts to purchase goods, where the term does not exceed three years and the contract price and any contingency established for change orders, but excluding sales tax or use tax, do not exceed $250,000.00 in the first contact year, and do not exceed the sum of $250,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(c) General Services Contracts. Contracts for services associated with the leasing or licensing of personal property other than hardware or software, where the term does not exceed seven years, and the contract price and any price contingency established for change orders, but Item 20
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Amending Chapters 2.30
Contracts and Purchasing
Procedures and 2.37
Business Tax

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2 excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of $85,000.00 plus any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(d) Contracts for Studies and Services Related to Private Development. Professional services contracts for: (1) the preparation of environmental assessments or other studies deemed necessary by the director of planning and development services for the processing of applications for private development projects, or (2) inspection and plan review services deemed necessary by the director of planning and development services to evaluate conformity of private development projects with applicable building codes, regardless of the cost or term thereof, provided the applicant for the private development project agrees, in writing, to bear responsibility for the entire contract cost, and the contract does not require the expenditure of city funds in any amount.
(e) Rewards. The City Manager may offer and pay rewards where the amount of the reward does not exceed $25,000.00, in accordance with the procedures of Section 2.30.800. (f) Emergency Contracts. The City Manager is authorized to expend city funds for emergency contracts, as defined in Section 2.30.160, without limitation on the contract cost or amount and without following the contract solicitation and award procedures otherwise required by this chapter, provided that any procurement of goods and services obtained during an emergency declared by the Federal Emergency Management Agency shall comply with applicable FEMA Public Assistance Program's procurement orders, rules, regulations, guidelines and control procedures for cost reimbursement purposes. Expenditures made during an emergency must be reported to the Council at the next regular meeting if approval for such expenditures would otherwise have been made by the Council. The City Manager may issue a verbal report to the Council before a written report is delivered.
(g) Contracts to Rent, Lease, License, Acquire, Transfer or Purchase Interests in Real Property from Other Parties. Contracts for the rental, leasing, licensing, or purchase by installment interests in real property from other parties for a term of seven years or less, where the contract price does not exceed $85,000.00 per year, or to encumber or transfer any interest in real property from other parties for any term of years. The City Manager may enter into and sign a contract to acquire or purchase an interest in real property, where the contract price does not exceed $85,000.00.
(h) Contracts to Rent, Lease, or License City Real Property to Other Parties. The authority granted under this Section is distinct from the authority of the director of community services to grant individuals and groups permits for the exclusive temporary use of buildings and facilities located in, and the areas of, city parks and open spaces, as described in Chapter 22.04 of this municipal code or in the park and open space regulations. The City Manager may award and sign contracts to rent, lease or license city real property to other parties regardless of the price for a term not exceeding three years. Notwithstanding the preceding sentence, the City Manager may enter into and sign contracts for the rental, lease or licensing of real property at the Cubberley Community Center for terms of up to five years.
(i) Contracts to Provide Municipal Services to other Public Entities or Utilities. A contract to provide municipal services and functions to any other public agency, public utility or other public entity in any amount for a term not exceeding three years, provided the contract is in compliance with all Council-adopted policies covering such contracts. The authority granted herein does not include the authority of the City Manager to add permanent employee positions. (j) Contracts Providing for Indemnity or Risk of Loss. The City Manager, with the Item 20
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3 concurrence and approval of the City Attorney and the insurance risk manager, may enter into and sign contracts, otherwise within the limits of his or her authority under Section 2.08.140 of this municipal code, that provide for the city or its officers or employees to defend, indemnify, or assume the risk of damage, loss, or liability for, or subrogate to any other contracting party respecting claims, demands, actions, losses or liabilities arising from the city's performance or non-performance under the contract.
(k) Wholesale Utility Commodities and Services Contracts. Wholesale utility commodities and services contracts, where the term does not exceed five years and the contract price does not exceed $250,000.00 in any contract year.
(l) Software and Hardware Purchase, Licensing, Maintenance and Support Contracts.

Notwithstanding Subsection 2.30.210(c), the City Manager may award and sign contracts other than general services agreements, including, without limitation, vendor-based standard form hardware and software purchase and licensing contracts, for the purchase of hardware and software, the licensing of software, and the maintenance and support of hardware and software, where the term of licensing or maintenance and support services does not exceed seven years and the contract price, excluding sales tax or use tax, does not exceed $85,000.00 per year in the first contract or fiscal year and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year. The contracts referred to herein may include contracts for data storage services, which shall be subject to the city's information security policies, terms, conditions and other requirements established by the chief information officer with the concurrence and approval of the City Attorney.
(m) Contracts with a business operator implementing business tax offsets under Section

2.37.080.
(n) Other Contracts. All other types of contracts for which the contract term does not exceed three years and the total expenditure by the city does not exceed $85,000.00 in the first contract or fiscal year, and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year.

SECTION 3. Section 2.37.070 (Exemptions from Tax) of Chapter 2.37 (Business Tax) is amended to read as follows:

2.37.070 Exemptions from tax.

(a) The following businesses are exempt from the tax imposed by this chapter:
(1) Any business exempt from the tax by the laws of the United States or the State of California;
(2) Grocery stores;
(3) Businesses that occupy or use 10,000 square feet or less in the city; and (4) Transitory businesses.
(b) If a business operator operates a single integrated business that has two or more parts, one or more of which could be exempt from the tax imposed by this chapter if operated as a separate business, the city may, at its discretion, exempt from the tax any part of the business that would be exempt if operated as a separate business, provided the business’s square footage can be reasonably allocated between the parts. If the city determines that the square footage cannot be reasonably allocated between the different parts of the business, then the entire Item 20
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4 business shall be taxed, unless to do so would violate a law of the United States or the State of California.
(c) A business that contends it is exempt under this section must apply to the tax administrator for an exemption.
(1) The tax administrator may require a business claiming an exemption to submit additional information to support the exemption. The request for additional information must be made in writing and the information must be provided within thirty (30) days. (2) If the tax administrator determines that the business claiming an exemption is not exempt, the tax administrator may make an initial determination of the amount of tax due under subdivision (a) of Section 2.37.150.

SECTION 4. Section 2.37.080 (Business Tax Offsets) of Chapter 2.37 (Business Tax) is amended to read as follows:

2.37.080 Business tax offsets.

(a) A business operator that operates a hotel in the city may deduct from the business tax it owes for a quarter for the business of operating the hotel an amount equal to the total transient occupancy tax collected and remitted to the city in the same quarter of the previous fiscal year from transients staying at the hotel.
(b) The business operator of a business that has discretion to determine the location of the place of sale, place of use, or principal place of negotiation for sales or use tax purposes and which exercises that discretion and designates the city as the place of sale, place of use, or principal place of negotiation for sales or use tax purposes which results in the city receiving sales or use tax revenues that it would not otherwise have received, but for the business’s exercise of its discretion to designate the city as the place of sale, place of use, or principal place of negotiation for sales or use tax purposes (“discretionary sales or use tax”) may deduct from the business tax it owes for a quarter an amount equal to one half of the total sales tax or use tax received by the city from the discretionary sales or use tax of that business in the same quarter of the previous fiscal year. This offset can offset up to, but no more than, 75% of the business’s quarterly business tax. If any of the sales or use tax that served as a basis of an offset from business tax is subsequently reallocated to another jurisdiction, the business operator shall reimburse the City for the amount of the offset. This reimbursement shall include all offsets within the five years preceding the date that a determination or decision is made to reallocate sales or use tax, including the entirety of any quarter that falls partially within this five-year period. The city and a business operator may enter into an agreement implementing this section. (c) A business operator of a business that has rights to property due to property ownership, a ground lease, or a lease that permits subleasing, and that is offering that property for sale or rent, may deduct from the business tax owed for the business an amount equal to the business tax associated with the square footage being offered for sale or rent, provided that the area to be sold or rented is completely vacant and available for immediate occupancy. (d) A business claiming an offset under this section must claim the offset with its tax filing for the quarter for which the offset is claimed.
(1) If the information necessary for a business to claim an offset is not available, the business may defer claiming an offset for up to one year or for another period of time set by written agreement with the city.

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5 (2) The tax administrator may require a business claiming an offset to submit additional information to support the claim of the offset. The request for additional information must be made in writing and the information must be provided within thirty (30) days. (3) If the tax administrator determines that an offset claimed by a business is incorrect, the tax administrator may make an initial determination of the amount, if any, of the offset and the amount of tax due under subdivision (a) of Section 2.37.150.

SECTION 5. Section 2.37.150(b) (Administrative Procedure to Assess or Correct Tax) of Chapter 2.37 (Business Tax) is amended to read as follows:

2.37.150 Administrative procedure to assess or correct tax.

(a) If the tax administrator determines that a business operator has incorrectly reported any information to the city or has not paid all or any of the tax, penalties, or interest that are due, the tax administrator may, using any information available to the tax administrator, issue an initial determination stating what the tax administrator believes to be the correct information and, if new or additional tax, penalties, or interest are due, how much tax, penalties, or interest are due.

An initial determination must be issued within five (5) years of the last day of the quarter to which the initial determination applies, except in the case of an audit conducted under Section 2.37.200, in which case it must be issued within ninety (90) days of the completion of the audit and can apply to any of the quarters that were subject to the audit. The initial determination shall be served on the business operator either personally or by U.S. mail to the most recent address for the business operator in the tax administrator’s records. Service is effective upon deposit of the initial determination in the U.S. mail.
(b) A business operator affected by an initial determination may within thirty (30) days of service of an initial determination contest the initial determination and request a hearing before the tax administrator by filing with the tax administrator a written request for a hearing. The further accrual of penalties and interest shall be tolled upon the filing of a request for a hearing. If a business operator does not contest an initial determination and request a hearing with the tax administrator within fifteen (15)thirty (30) days of service of the initial determination, the initial determination shall become final and cannot be appealed. (c) If a business operator timely contests an initial determination and requests a hearing, the tax administrator shall set a hearing within sixty (60) days of the filing of the request for a hearing. Notice of the hearing shall be served on the business operator either personally or by U.S. mail to the most recent address for the business operator in the tax administrator’s records. (d) At the hearing the business operator may present evidence and argument regarding the initial determination to show why the initial determination is incorrect and to show what the determination of the tax administrator should be. Within sixty (60) day after the close of the hearing, the tax administrator shall serve a final determination, setting forth the tax administrator’s determination of the facts and issues that were the subject of the initial determination. The final determination shall be served on the business operator either personally or by U.S. mail to the most recent address for the business operator in the tax administrator’s records. Service is effective upon deposit of the final determination in the U.S. mail. Unless an appeal of a final determination is filed under Section 2.37.170, any penalties or interest tolled under subdivision (b) of this section will resume accruing ten (10) days after the service of the final determination.

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6 SECTION 6. Section 2.37.180 (Constitutional Apportionment) of Chapter 2.37 (Business Tax) is amended to read as follows:

2.37.180 Constitutional apportionment.

(a) No tax imposed by this chapter shall be applied to a business operator so as to constitute an undue burden on interstate commerce or intercity commerce or be violative of the equal protection or due process clauses of the United States or California constitutions. (b) A business operator who contends that the application of a tax imposed by this chapter on the business operator constitutes an undue burden on interstate commerce or intercity commerce or violates the equal protection or due process clauses of the United States or California constitutions may apply to the tax administrator for an apportionment of the tax imposed on the business operator that would remove the constitutional violation by filing a written request with the tax administrator that explains the factual and legal basis for the claimed constitutional violation and proposes a method of apportionment that would resolve the alleged constitutional violations. The application for apportionment shall be filed in advance or within one (1) year of the date the quarterly return was due.
(c) The tax administrator, in consultation with city attorney, shall review the application and within sixty (60) days of the filing of the application, which deadline may be extended for an additional sixty (60) days, issue a decision on the application. The decision on the application shall be served on the business operator either personally or by U.S. mail to the most recent address for the challenger in the tax administrator’s records. The decision can be challenged under Section

2.37.160.

SECTION 7. Section 2.37.190 (Refunds) of Chapter 2.37 is amended to read as follows:

2.37.190 Refunds.

(a) A business operator who believes that any tax, penalty, or interest has been illegally, erroneously, or mistakenly paid to, collected by, or otherwise received by the city may file a claim for a refund of the amount of tax, penalty, or interest claimed to have been improperly received by the city.
(b) The claim must be filed with the tax administrator and signed under penalty of perjury by the business operator. The claim must state:
(1) The legal and factual basis for the refund claim; (2) The amount of tax, penalty, or interest allegedly improperly received by the city; (3) The date or dates that the improper payments were made to the city; and (4) The address of the claimant.
(c) The claim must be filed with the tax administrator within two (2) years of the date of the allegedly improper payment to the city.
(d) The tax administrator shall provide a written decision on the claim within thirty (30) days of the filing of the claim by serving the decision on the claimant either personally or by U.S. mail to the address provided in the claim. Service is effective upon deposit of the response in the U.S. mail.
(e) A claimant may challenge the tax administrator’s decision on a refund claim under Item 20
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7 Section 2.37.160.
(f) This section does not apply to:
(1) A claim for a refund arising out of a decision of the tax administrator, city manager, or city manager’s designee under Sections 2.37.150, 2.37.160, 2.37.170, or 2.37.190; or (2) A claim that could have been asserted by the claimant, but was not, under Sections 2.37.150, 2.37.160, 2.37.170, or 2.37.1902.37.180.

SECTION 8. For the period beginning January 1, 2023 and ending June 30, 2023, the maximum amount of tax any business must pay is capped at $250,000 (two hundred fifty thousand dollars). Beginning July 1, 2023 and each fiscal year thereafter, the maximum amount of tax any business must pay is capped at $500,000 (five hundred thousand dollars), as provided in Section 2.37.040(c).

SECTION 9. The Council finds that the adoption of this ordinance is an administrative activity of government that will not result in direct or indirect physical changes to the environment and therefore does not constitute a project under the California Environmental Quality Act. CEQA Guidelines section 15378(b)(5).

SECTION 10. 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
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Public Works
Meeting Date: December 18, 2023
Report #:2310-2189
TITLE
Discussion and Confirmation of the Preferred Alternative Concept Plan Line for the University Avenue Streetscape Improvements Project (PE-21004) and Authorization for the City Manager to Develop and Refine the Scope of Work for Future Phases through a Contract Amendment

RECOMMENDATION
Staff recommends that the Council:

1. Discuss and confirm the preferred alternative concept plan for the University Avenue Streetscape Update Project (PE-21004); and

2. Direct the City Manager to negotiate and prepare a scope of work for future phases through a contract amendment with CSW/Stuber-Stroeh Engineering.

EXECUTIVE SUMMARY
University Avenue is a regional and local public destination for shopping, dining, and entertainment. It serves as the focal point of Palo Alto's downtown and the main route to Stanford University, accommodating approximately 12,000 daily motorists. Covid-19 had significant economic implications on downtown environments throughout the country, including University Avenue. To support local businesses and community, the City temporarily closed University Avenue to vehicular traffic in spring 2020 and re-opened the street in fall 2021. To facilitate people-centric activities and to create a more vibrant and inclusive space that will support residents and local businesses, Council directed staff to study transforming the University Avenue streetscape by repurposing streets, sidewalks, curbs, and parking areas, and to explore options to revitalize the street.

The project team completed a feasibility report encapsulating the outcomes of stakeholder and community engagement regarding potential modifications to the public right of way along University Avenue. The focus of the study is to strike a balance between different transportation modes while creating opportunities to enhance economic vibrancy for the community, including increasing economic activity for private retailers and businesses.

In an ideal world, an urban area streetscape would require a right-of-way about 94 feet wide to accommodate pedestrians, bicyclists, transit users, motorists, patron parking, delivery vehicles, Item 21
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and outdoor dining. However, University Avenue’s right-of-way is only 75 feet wide which requires trade-offs for use of limited right-of-way. The preferred option outlined in this report widens sidewalks while maintaining two-way vehicle traffic along the corridor and preserving some on-street parking by shifting from angled to parallel parking. The expanded sidewalks provide designated spaces for outdoor dining and merchandise racks along storefronts, while parklets would be eliminated to enhance circulation. The envisioned streetscape seeks to preserve existing trees while introducing new landscaping, street lighting, amenities, and sidewalk plazas, all aimed at enriching the pedestrian experience.

The City has not allocated funding for the proposed streetscape project. The estimated cost for project implementation in 2030 is approximately $40 million. Per Council direction and financing methods presented in the feasibility study, the project would likely be funded through an assessment district or similar mechanism paid by the property owners fronting the improvements area. Such an assessment district would need to be voted upon and approved by a supermajority of affected property owners. Alternative funding mechanisms may also be explored as the plan develops.

BACKGROUND
University Avenue is a two-travel lane street that provides access from Highway 101 through the downtown area and continues to Stanford University. Due to COVID-19 pandemic impacts and to support local businesses and community, the City closed portions of University Avenue to vehicular traffic in spring 2020 through the “Uplift Local” program, enabling outdoor dining and enhancing retail experiences. The street was reopened to vehicular traffic in fall 2021. On March 1, 2021, Council approved the University Avenue Streetscape Update PE- 210041 project as part of the workplan for Community and Economic Recovery2, allocating $150,000 of funding for this purpose. On September 13, 2021, Council directed staff to proceed with the University Avenue Streetscape Design Request for Proposals3 (RFP) including stakeholder input, sales tax data analysis, and consultant recommendations based on the learning experiences from closing and re-opening of University Avenue to vehicular traffic. The project goals defined by Council and the RFP are to adapt the public realm to maximize pedestrian and bicycle use, and accentuate and enhance the retail environment, while maintaining vital two-way vehicular access, parking opportunities, delivery and loading zones, rideshare spaces, and other amenities including performance space along University Avenue between Alma Street and Middlefield Road.
1 City Council, March 1, 2021; Agenda Item # 8; SR #11872 https://portal.laserfiche.com/Portal/DocView.aspx?id=68403&repo=r-704298fc 2 City Council, January 19, 2021; Agenda Item # 4; SR #11877 https://portal.laserfiche.com/Portal/DocView.aspx?id=68402&repo=r-704298fc 3 City Council, September 13, 2021; Agenda Item # 8; SR #13540 https://portal.laserfiche.com/Portal/DocView.aspx?id=68396&repo=r-704298fc Item 21
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On February 28, 2022, Council approved a contract4 with CSW/Stuber-Stroeh Engineering (CSW) for design and construction administration services for the University Avenue Streetscape project. This project uses a phased approach with Phase 1 focusing on site analysis and field survey work; preliminary environmental studies including a traffic study and arborist report; and public meetings to develop a community preferred plan line concept, cost estimates, and an assessment analysis to allocate the costs to businesses and property owners benefitting from the improved streetscape space. This report presents findings of the Phase 1 services including the engagement process, alternatives analysis, and a preferred streetscape concept plan, and seeks Council direction to proceed with next steps on the preferred concept plan.

Future project phases include Phase 2: Preliminary Design and Environmental Assessment; Phase 3: Final Design, Construction Documents, and Bid Support; and Phase 4: Construction Administration Services. Upon Council direction to proceed, the contract would be amended to include Phase 2 services.

ANALYSIS
In collaboration with residents, businesses, property owners, and other stakeholders, the project team developed a preferred streetscape concept plan to revitalize University Avenue with improvements focusing on the public right of way between High and Webster Streets. .

Key findings and process for development of the preferred streetscape concept are detailed in the University Avenue Streetscape Feasibility Report5. Attachment A provides an excerpt from the Feasibility Report.

Existing Conditions and Constraints
University Avenue is a two-travel lane street with alternate angle and parallel street parking along the corridor. The public right of way is approximately 75 feet wide, with approximately

12.5 feet +/- wide sidewalks. Within the study area, there are mainly London Plane trees on both sides of the street, and most of the trees are in good health. An arborist report is included with the Feasibility Report. The roadway pavement is generally in good condition, but sidewalk and concrete crosswalks could be improved.

Based on the City’s sales tax data, the downtown area generated about $3.6 million in tax revenue in 2019, which dropped by approximately 48% to about $1.9 million in 2020 during the first year of the Covid-19 pandemic. By the end of 2022, sales tax revenue increased to $3.3 million but remained below pre-COVID levels. Within the downtown area, restaurants generate the majority of sales tax receipts. The Feasibility Report summarizes commercial uses and vacancies along University Avenue between High and Webster Streets. 4 City Council, February 28, 2022; Agenda Item # 10; SR #13609 https://portal.laserfiche.com/Portal/DocView.aspx?id=68395&repo=r-704298fc 5 University Avenue Streetscape Feasibility Report, December 2023. https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip-contracts/2023-12- 6-palo-alto_university-avenue-streetscape-feasibility-report-final.pdf Item 21
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According to the Fire Code and the City’s Ordinance Number 5563, the clear street width must be a minimum of 20 feet, exclusive of shoulders. In addition, the 2022 California Fire Code requires that for buildings more than 30 feet tall, there must be a fire apparatus access road that has a minimum unobstructed width of 26 feet. This requirement does not necessarily need to be on the primary street, but can be accomplished using alleys and side streets.

University Avenue’s Average Daily Traffic (ADT) is about 12,000 vehicles per day according to 2016 traffic count data. Both AC Transit and SamTrans use University Avenue to access the downtown train station. Between High and Webster Streets, there are about 193 on-street parking stalls. Within the off-street parking garages and lots in the downtown area, there are about 3,200 parking stalls available.

Outreach process and findings
In order to understand community needs and to develop concept alternatives, the project team collaborated with stakeholders including business owners, retailers, residents, and staff from various City departments. In addition, staff conducted a community workshop and an online community survey in spring 2023. The engagement effort is further described in the Stakeholder Engagement section of this report. The findings of the study were also coordinated with other City projects and plans including Palo Alto Economic Development Strategies, 2023 and Parklet Program Guidelines, 2023. The process and detailed results from the community engagement process are included in the Feasibility Report. Key input received from the community included the following priorities and values:
•Enhance economic activity
•Pedestrian oriented and people focused
•Bike friendly
•Fun, lively and vibrant
•Social and community oriented
•Clean and safe
•Nature focused and sustainable
•Simple and visually attractive
•Filled with a diverse array of thriving retail and dining options •Preserve on street parking
•Seek strategies for major events at Civic Center Plaza More than 700 participants responded to the community on-line survey. In the survey, the participants listed their top three concerns, desired improvements, and characteristics for University Avenue as follows:
•Top 3 Concerns: Business vacancies, decrease in retail operations, not enough social gathering areas
•Top 3 Improvements: Outdoor dining, expanded sidewalks and enhanced pedestrian pathways, social gathering areas and seating
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•Top 3 Characteristics: Thriving business and retail, safety, bike friendly Streetscape Options and Preferred Concept Plan
With feedback received from the community and in coordination with the project goals and an assessment of site conditions and constraints, the project team evaluated three primary streetscape options. The following key aspects are common to all streetscape options:
•Street would remain open to two-way vehicular traffic; however, the streetscape design would provide flexibility to close the segment between Ramona and Cowper Streets for special events.
•All sidewalks would be replaced with concrete, pavers, and related surfacing. •New pedestrian-scale lighting would be installed along the corridor. •At each intersection, the sidewalks would be widened into parking lanes to narrow the crosswalk. These “bulb-outs” can feature planting, seating, and other elements.

Option 1: Protected Bicycle Facility
This option establishes a Class IV bike lane along the corridor as well as travel lanes in each direction with a buffer zone separating bicycle and vehicular traffic. The loading zone and/ or parallel parking would be provided along the corridor. This option reduces the sidewalk widths to less than 10 feet and would potentially require removal of the existing street trees along the corridor, which is not supported by the stakeholders and the community. Sidewalks narrower than the existing would not be an improvement in the streetscape and are not consistent with the project goals and community input. Removing on-street parking would allow for approximately 18 feet wide sidewalks, but elimination of all on-street parking is not favored by the business community along the corridor. Keeping on-site parking in this configuration would not meet the fire access clearance of 26 feet. The implementation cost (excludes municipal bond and assessment district) for this option is estimated to be approximately $35 million, but it is not preferred for the reasons cited above.

Option 2: Pedestrian Paseo
This option removes all on-street parking and loading zones and widens the sidewalks to as much as 20.5 feet while maintaining travel lanes in each direction and Class II bicycle lanes.

While this option removes on street parking, it could add parking and/or loading zones strategically along the corridor, reducing the sidewalk width to 11.5 feet in those areas. This option creates a generous sidewalk width, which can accommodate outdoor dining, retail racks, furnishings, and street performances. However, the removal of all on street parking may cause an increase in vehicle speeds along the corridor as drivers perceive less “friction”. This option was not supported by the property owners along University Avenue because of the elimination of on-street parking. The implementation cost (excludes municipal bond and assessment district) for this option is estimated to be approximately $43 million.

Option 3: Activation Flex (Preferred alternative)
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In order to balance interests and needs of all downtown users and given the site constraints, this option offers the following improvements within the public right of way along University Avenue between High and Webster Streets:
•The street would maintain a travel lane in each direction with an overall width of 26 feet between curbs, meeting Municipal Code Section 15.04.210 and California Fire Code for buildings taller than 30 feet if they cannot be accessed from side streets and alleys.

Given the low travel speeds on University Avenue, a 26 feet roadway would allow for bicyclists to share the road with vehicles.
•All angle on-street parking stalls would be converted to parallel parking, which would preserve approximately 75% of current on-street parking. This option removes 48 of the existing 193 stalls providing 145 parking spaces between High and Webster Streets.

Currently, 18 parking spaces are occupied by parklets on University Avenue between High and Webster Streets. An assessment of the off-street garages and lots parking data counts both pre-pandemic and in fall and spring 2023 indicates that removal of 48 on- street parking would have negligible impact on the off-street parking occupancy. The parallel parking stalls would be 7 feet wide and 20 feet long. Typically, the parking stalls are 8 feet wide but with the adjacent 13 feet travel lanes, a 7 feet wide parking zone would be appropriate. The existing on-street parking stalls on University Avenue are approximately 7 feet wide.
•In compliance with the ADA Accessibility Standards for the public right of way, the project would provide a total of five accessible parking spaces including one designated for vans within the project area.
•Loading/commercial delivery zones would be moved to the side streets. •Sidewalks would be expanded to 17.5 feet in width, creating three primary zones to use the expanded space. It is important to note that the streetscape would likely not be uniform along the corridor. Depending on the usage, small variances in the dimensions of each of these zones may be warranted and this would be refined in the detailed design.
▪Commerce zone: Retailers and restaurants along the corridor could use this zone adjacent to their businesses to set up outside dining or racks for merchandise.

This zone would be about 6.5 feet wide. This option eliminates parklets on University Avenue and provides an equitable distribution of outdoor space and on street parking for businesses along the corridor. During the engagement process, staff noted strong opposition to the elimination of parklets by a current parklet operator, but this option gained the most support otherwise. ▪Pedestrian zone: Maintains 8 feet clear pedestrian walkway zone on sidewalk in accordance with the Municipal Code section 12.12.020 and to allow for two people to walk side by side.
▪Amenities zone: This zone would provide streetlights, waste receptables, seating, and other amenities. It is proposed to be no less than 3.0 feet in width including the curb.
•Existing street trees would be preserved, with the streetscape designed flexibly around existing trees.

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•At each intersection the sidewalks would be widened into the parking lanes, providing approximately 24.5 feet wide “bulb-out” zones that can feature planting, seating, and other elements.

Given the site constraints of limited right of way width, this option optimizes benefits and opportunities for businesses and residents compared to Options 1 and 2.

Cost Estimate
Capital cost:

The total construction and soft costs for Option 3 in 2030 dollars are estimated to be $40 million with the following assumptions:
•The street improvements are along University Avenue between Webster and High Streets in the public right of way.
•The project constructs new sidewalks and asphalt pavement. •Hardscape includes a range of decorative treatments as well as landscaping. •The project provides new pedestrian scale street lighting as well as traffic signals to support both bicycle and pedestrian detection.
•Within bulb-out areas, the project includes storm water quality and green infrastructure elements.
•The estimated cost includes construction as well as planning, design, and construction management fees and a 20% contingency.
•The cost escalation rate included in the estimate is about 3.5% per year. •The estimate does not include costs for establishing a public financing mechanism.

Operations and maintenance cost:

A higher level of maintenance would be required for the improved streetscape to support the business environment. The additional cost for the City to provide this enhanced maintenance in 2023 dollars is about $400,000. This includes, but is not limited to:
•Weekly power washing
•Trash removal six times a week
•Preservation of street trees
•Maintenance of accent lighting
•Maintenance of landscaping and irrigation
In addition, the existing or reorganized business improvement district could hold events along the corridor, which could include outdoor movies, plays, and concerts either within University Avenue or in Lytton Plaza. The enhanced special maintenance for programming events along the streetscape is estimated to have an annual budget in 2023 dollars of about $250,000.

Funding Assessment
The City has not yet established a funding source for streetscape improvements. The feasibility report provides options for public financing mechanisms including an assessment district, development impact fees, an enhanced infrastructure financing district, and grants.

Take out the
loading zone
text… can we
get a section
b-b??
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The property owners along University Avenue have expressed an interest in funding the streetscape by forming an assessment district. Should Council approve the preferred concept plan, the City could create a new assessment district for the streetscape. The properties included in the district would likely be those fronting the streetscape. Based on the available information, there are about 79 parcels fronting University Avenue between Webster and High Streets, including three parcels owned by the City, which are Lytton Plaza, 250 University Avenue garage, and the paseo connecting Webster/Cowper garage to University Avenue. The apportionment of the cost of an assessment district can be based upon front footage, parcel, gross building floor area, or property value. The City’s parcels within the district would need to pay their share into the district as required by Proposition 218. Further review of the parcels along University Avenue and apportionment of costs would be developed in future phases of the project.

In accordance with Proposition 218, the entire improvement costs cannot be borne solely by the district. Only special benefits can be included, and general benefits must be paid by others, which would typically be the City. The division of special and general benefits is typically defined during development of the Engineer’s Report for the Assessment District. The general benefit value typically ranges from 3% to 10% of the overall value.

In the assessment district model, properties are aggregated into a district and are assessed fees to support the improvements. This process typically requires approval of 2/3 of the property owners within the district, however, the voting threshold may differ depending on the type of assessment district proposed. The City would complete the improvements financed through public bonds, which would be backed by the assessment district. Typically, an assessment district has a term of 20 years and property owners pay annually through their property taxes.

Creation of the assessment district would require coordination with firms specializing in bonds and underwriting as well as the City’s Municipal Advisor to issue the debt obligation. These firms typically work on an hourly basis to form the district and charge a fee based on the proceeds of the bond sale. If the cost to implement the project is $40 million and an additional 10% is assumed to create the assessment district, the City should budget about $44 million for the project. A portion of this cost would need to be financed by the City.

Next Steps
Upon Council direction on the preferred streetscape plan, the project’s planning and design can be refined, which includes the following steps:
•Coordinate the University Avenue improvements with the City’s Bicycle and Pedestrian Transportation Plan, Car Free Streets study along Ramona Street, Parklet Guidelines, and Economic Development Strategy.
•Coordinate with the Office of Transportation’s parking regulations along University Avenue. This includes coordinating to develop a parking wayfinding signage program including a digital guidance system.
•Continue to monitor on and off-street parking in the downtown area to confirm parking demand.

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•Develop a refined streetscape plan illustrating street features as well as landscape and hardscape treatments consistent with Council’s direction. •Continue coordinating with community members and stakeholders in developing the University Avenue Streetscape.
•Conduct reviews with the Planning and Transportation Commission, Architectural Review Board, and Palo Alto Pedestrian and Bicycle Advisory Committee. •Complete an environmental document consistent with the requirements of the California Environmental Quality Act.
•Refine the construction budget for the project.
•Retain municipal bond counsel and a municipal advisor to define the cost of debt. •Conduct a straw poll to determine the feasibility of funding the project through an assessment district.
•Proceed with detailed design upon bonds sale.

FISCAL/RESOURCE IMPACT
Council approved funding for Phase 1 services of the scope of work to develop a preferred concept plan line for the streetscape. No funding is programmed in CIP PE-21004 for future phases of the project. Pending Council confirmation of the preferred concept plan, staff will negotiate a contract amendment with CSW and return to Council for funding and authorization of future phases of the scope of services through the contract amendment. CSW provided a total estimated cost of $870,000 for work in phases 2 through 4 as outlined in the RFP (Number 182372) issued on September 1, 2021; however, the scope and estimate for future phases of work will be refined based on the preferred design option in Phase 1.

STAKEHOLDER ENGAGEMENT
Stakeholder engagement for the project included both internal and external outreach. The proposed streetscape concepts were reviewed with a Technical Advisory Committee (TAC) consisting of staff from various City departments. Three TAC meetings were conducted over the course of the study to review existing conditions, constraints, and potential conflicts with other City infrastructure. Additionally, the project team collaborated with a group of community members (approximately 8-10 members) designated as Block Ambassadors, consisting of business owners, retailers, and residents, who have a strong understanding of the existing conditions, concerns, and opportunities that impact the corridor. Four meetings were held with the block ambassadors during this study; a kickoff meeting on November 17, 2022 and three meetings in 2023 on January 19, August 30, and November 9. On March 1, 2023, staff held a community workshop at the Downtown Library to discuss opportunities and constraints associated with University Avenue and to receive feedback on basic ideas for a streetscape.

About 20 community members participated. From March 2 to April 9, 2023, the City conducted an online survey via Open Cities seeking feedback from the community members who could not attend the in-person workshop. The online survey was completed by 712 participants. A wide range of perspectives and priorities was received. A detailed summary of the community engagement process is included in the Feasibility Report.

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ENVIRONMENTAL REVIEW
CSW completed a preliminary environmental assessment including traffic study and arborist reports under the Phase 1 scope of services. Upon Council identification and confirmation of the preferred concept plan, CSW will begin an environmental assessment for evaluation under CEQA as part of the future phase of the project and will complete the analysis before project approval.

ATTACHMENTS
Attachment A: University Avenue Streetscape Feasibility Report Excerpt APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
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UNIVERSITY AVENUE

STREETSCAPE

FEASIBILITY REPORT EXCERPT
DECEMBER 2023
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22 | CITY OF PALO ALTO
IN AN IDEAL WORLD , an urban area streets -
cape such as University Avenue would accommo -
date pedestrians, bicyclists, transit users, motorists, patron parking, and delivery vehicles. To create an
inviting and lively streetscape, sidewalks need to be
wide enough to accommodate outdoor dining and
merchant’s products while allowing two people to
walk side by side. Having street trees, lights, benches, and waste receptacles along the corridor are also
important elements. The ideal sidewalk is almost 20
feet wide.

To improve comfort levels for less experienced bicy -
clists, streets often have Class IV bikeways. These
facilities offer bicyclists a physically separate path
from vehicles. Typically, these are about 7 feet wide
and have a raised buffer that is about 3 feet wide.

The street should provide an area for motor vehicle
traffic as well as on-street parking. In general, travel lanes range in width from 10 to 12 feet with parking
stalls from 7 to 8 feet. According to the Fire Code and City of Palo Alto Ordinance Number 5563, the clear
street width must be a minimum of 20 feet. In addi -
tion, the 2022 California Fire Code requires that for
buildings more than 30 feet tall, there must be a fire
apparatus access road that has an unobstructed width
of not less than 26 feet. However, this requirement
does not necessarily need to be on the main street
and can be accomplished by alleys and side streets.

To accommodate all these features, a street would
require a right-of-way of about 94 feet as shown in
Figure 11. However, as an older, established commu-
nity, University Avenue’s right-of-way is only 75 feet
wide. As it is impossible to provide all these features on University Avenue, the streetscape will need to
balance these competing interests.

STREETSCAPE OPTIONS As previously noted, the
streetscape improvements are generally located
between High and Webster Streets. Based on the
results of the engagement phase, we evaluated three
options for University Avenue. Common to all options
includes the following:
◊ The segment between Ramona and Cowper
Streets could be closed for special events such
as the Festival of the Arts event in August
2023 as shown in Figure 10.
◊ All sidewalks would be replaced with concrete,
pavers, and related surfacing as described in

IDEAL STREETSCAPE
Figure 10: Palo Alto Festival of
the Arts, August 2023
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UNIVERSITY AVENUE STREETSCAPE FEASIBILITY REPORT | 23
the Streetscape Features section of this report.
◊ New pedestrian scale lighting would be
installed along the corridor.
◊ At each intersection, the sidewalks would be
widened into parking lanes to narrow the
crosswalk. These “bulb-outs” can feature plant-
ing, seating, and other elements as described in
the Streetscape Features section of this report.

OPTION 1 – PROTECTED BICYCLE FACILITY
The first option establishes a Class IV cycletrack along the corridor as well as travel lanes in each direction.

Figure 12 illustrates the option with a loading zone
and/or parking along the corridor. With on-street
parking, the sidewalk would only be about 9.5 feet
wide. Without parking, the sidewalk would be almost
18 feet wide. The estimated implementation cost for
this option excluding municipal bond and assessment
district is $35 million.

The bike buffers could be raised planters that would
be moved when University Avenue is closed to provide
greater area for street events. To achieve this option while providing on-street parking, the sidewalk widths
would be less than 10 feet and the existing trees along the corridor would need to be removed. This alter -

IDEAL STREETSCAPE
Figure 11: Ideal Streetscape
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24 | CITY OF PALO ALTO
native would not provide for the fire code’s 26 feet of clear access. As this option does not align with City
Council’s direction nor that of most of the stakeholder input, we do not recommend advancing this alterna -
tive.

OPTION 2 – PEDESTRIAN PASEO
The second option is pedestrian focused by widening
sidewalks to as much as 20.5 feet wide while maintain-
ing travel lanes in each direction and providing Class
II bicycle lanes. While this option generally removes
on-street parking, it could add parking and/or loading
zones strategically along the corridor. If parking is
added, the sidewalk’s width reduces to 11.5 feet as
shown in Figure 13. The estimated implementation
cost for this option excluding municipal bond and
assessment district is $43 million.

This option creates a generous sidewalk width, which
can accommodate outdoor dining, retail racks, furnish-
ings, and street performances. However, the removal
of all on-street parking may cause an increase in
vehicle speeds along the corridor as drivers typically
perceive less “friction” with parked cars. In addition, the removal of all on-street parking is unpopular with
businesses operators and owners along University
Avenue.

OPTION 3 – ACTIVATION FLEX
(PREFERRED OPTION )
As noted in the engagement section, the elimination
of on-street parking is a critical concern to retail oper- ators, business owners, and landowners along Univer-
sity Avenue. Urban planners note that people will walk much further along an interesting street to get from
their parking space to the store or restaurant they are going to rather than walking from a parking lot. This
is sometimes defined as “ Pedestrian Propulsion ” as
noted by architect and town planner Steve Mouzon,
cofounder of The Urban Guild. The term defines
the characteristic of a street that entices you to walk further than you otherwise would on streets with less
visual interest or interactive features, as though literally propelling you along your way.

Stakeholders asked the team to evaluate alternative
parking configurations to maximize sidewalk width. In
the current configuration, University Avenue has about
18 stalls per block. Figure 14 illustrates alternative parking concepts for University Avenue. To maximize
on-street parking, the project could convert both sides of the street to 45-degree stalls, providing 24 stalls
per block. But this would reduce the sidewalk widths
to only 4 feet. If we reduced the angle to 20-degrees, we could increase sidewalk width to about 10 feet, but
reduce parking count to about 10 per block. Convert-
ing all the stalls to parallel, the project could achieve about 14 stalls per block with sidewalks that are about

16.5 feet in width.

We refined this option known as Activation Flex as
shown in Figure 18. In this option, the street would

IDEAL STREETSCAPE
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IDEAL STREETSCAPE
Figure 12: Option 1 Bikeway
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26 | CITY OF PALO ALTO

IDEAL STREETSCAPE
Figure 13: Option 2 Paseo
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UNIVERSITY AVENUE STREETSCAPE FEASIBILITY REPORT | 27
Figure 14: On-Street Parking Options
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28 | CITY OF PALO ALTO
maintain two travel lanes in each direction with an
overall minimum width of 26 feet between curbs.

Given the low travel speeds on University Avenue, this
width would allow for bicyclists to share the road with vehicles. The option preserves all street trees by either expanding the landscape areas or adding decking as
shown in Figure 15. These decks would replace stan-
dard concrete sidewalks in areas that would conflict
with tree roots.

The Activation Flex option provides three zones in the

17.5 feet wide sidewalk area noted as follows:

Commerce Zone Retail and restaurants along the
corridor could use this zone to provide outside
dining or racks for merchandise. Establishments
that serve alcoholic beverages would need to
secure permission from the State of California’s
Department of Alcoholic Beverage Control. This
would require some form of barrier separating the
dining area from the sidewalk. The width of this
area could be about 6.5 feet wide. An example of
a typical four-top table configuration is shown in
Figure 16.

Pedestrian Zone The streetscape seeks to main -
tain a clear area for two pedestrians to walk side by
side. Thus, the pedestrian zone should be no less
than 8 feet wide.

Amenity Zone The amenity zone would provide
streetlights, waste receptacles, news racks, and
seating. It should be no less than 3 feet in width
including the curb.

Within these zones, the streetscape will feature
furnishings, landscaping, and materials as illustrated
in Figure 19. These items will be refined during the
detail design phase.

It is important to note that the streetscape will likely not be uniform along the corridor and small varianc -
es in the above dimensions will be required. This will be determined in the final design of the streetscape.

Figure 20 is a preliminary layout of the streetscape
along University Avenue. This option removes 48 of
the existing 193 stalls, providing 145 parking spaces.

In compliance with the ADA Accessibility Standards for
the public right-of-way, the project would provide a
total of five accessible parking spaces, including one
designated for vans within the project area. Figure 17 illustrates a proposed accessible parking stall.

In addition to the proposed parking along University
Avenue, the project proposes to add loading/ unload-
ing zones along the side streets as shown in Figure

20. Note that the streetscape plan will follow parking regulations currently under review by the City’s Office of Transportation.

As shown in Figure 18 , this option narrows the

IDEAL STREETSCAPE
Figure 15: Decking at street
trees
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IDEAL STREETSCAPE
Figure 16: Outdoor Dining Dimensions
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30 | CITY OF PALO ALTO
roadway at the crosswalks by “bulbing-out” the side-
walks into the street. The narrowing of the roadway
would shorten the crosswalk distance as well as slow
down vehicle speeds enhancing pedestrian safety.

This configuration would require fire trucks to turn
into the opposing lane, which is similar to the exist - ing condition. Appendix H illustrates the existing and
proposed fire truck turn.

This option is consistent with stakeholder’s top 3
desired improvements as defined in the survey that
includes the following features:
#1 Outdoor Dining
#2 Expanded sidewalks and enhanced pedestrian
pathways
#3 Social gathering areas and seating notes
The Activation Flex option provides businesses along
University Avenue with the opportunities for outdoor
dining and retailers to display their goods within the
sidewalk area without the development and main -
tenance of parklets. This option preserves approxi -
mately 75% of the on-street parking and offers traffic
calming features to allow bicyclists to share the road
with vehicles. The bulb-out areas at the intersection
can provide additional area for plantings and furnish-
ings allowing for “people-focused” activities voiced
during the public engagement process.

IDEAL STREETSCAPE
(page 31) Figure 18: Preferred Option 3 “Activation Flex” (page 32) Figure 19: Furnishings, Materials, and Palettes Figure 17: Typical Accessible Parking
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| 31

UNIVERSITY AVENUE PALO ALTO, CALIFORNIA
NOVEMBER 2023
Scale 3/16” = 1’

PREFERRED CONCEPT
Commerce Zone
Pedestrian Zone
Amenity Zone
Parking
C
B
A
C’
Section A - A’: Corner Plaza
Section B - B’: Mid-Block with Existing T ree
Section C - C’: Mid-Block
B’
A’
A
C
i
o
o
Commerce Zone
Pedestrian Zone
Amenity Zone
Parking

6.5’ 8’ 3’ 7’

TYPICAL BLOCK PLAN CHARACTER IMAGES

TYPICAL SECTIONS
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| 32

UNIVERSITY AVENUE PALO ALTO, CALIFORNIA
NOVEMBER 2023

LANDSCAPE

BENCHESBIKE RACKSLITTER RECEPTACLE
Gaura lindheimeri
Gaura
Dymondia margaretae
Silver Carpet
Myoporum parvifolium ‘Pink’
T railing Myoporum
Lavandula angustifolia ‘Hidcote
Hidcote Blue Lavender
Mimulus ‘Jelly Bean Orange’
Orange Monkeyflower
T eucrium fruticans ‘ Azureum’
Salvia microphylla ‘Hot Lips’ Lomandra longifolia ‘Breeze’ Bush Germander
Baby Sage Breeze Mat Rush
Dietes grandiflora
Fortnight Lily
Bulbine frutescens ‘Tiny T angerine’
Stalked Bubline
Rhaphiolepis indica ‘Ballerina’
Ballerina Indian Hawthorn
Muhlenbergia dubia
Pine Muhly
Epilobium canum
Hummingbird T rumpet
Anigozanthos
Kangaroo Paw
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| 33
Figure 20: University Avenue Activation Flex
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: December 18, 2023
Report #:2312-2324
TITLE
Policy and Services Committee Recommendations for Changes to the City Council Procedures and Protocols Handbook based on Prior City Council Referrals

RECOMMENDATION
The Policy and Services Committee recommends City Council action on the Procedures and Protocols Handbook (Handbook) referrals that the City Council sent to Policy and Services in spring 2023. Note: The City Council can act on as many or few of these as desired in this discussion. Any referral items not acted upon during this discussion will return to City Council at a later date.

BACKGROUND
The City Council discussed the City Council Procedures and Protocols Handbook on January 30 and March 20, 2023 and adopted the most recent version on April 24, 2023. At that time, the City Council referred a few discussion topics to the Policy and Services Committee. The Committee has discussed these referrals and made recommendations. The specific referrals from City Council are:

1. Procedures Section 1.1: Annual Organization of City Council

2. Procedures Section 5.1a(4): Video Participation for Public Comment

3. Procedures Section 8.2: Censure language was referred to committee for review

4. Protocols Section 2.2: Refrain from Lobbying Board and Commission Members

5. Protocols Section 2.8: The Role of Council Liaison to Boards or Commissions

6. Protocols Section 4: International Travel

7. Protocols Section 4.1: Miscellaneous Expenditures. Council referral for the committee to discuss the establishment of appropriate parameters for Council discretionary expenditures and whether to allocate $2,000 annually from the Council contingency fund for each Council member to decide its purpose.

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ANALYSIS
Given the range of issues covered in this report, the City Council may wish to prioritize topics to be discussed and act upon. Any recommendations not taken up may be deferred to a later date, while recognizing that the new year provides an opportunity for additional topics to be raised.

The specific recommendations from the Committee on the referral topics are in the Attachment B draft revised Handbook with short summaries below:

1. Procedures Section 1.1: Annual Organization of City Council a. The Policy and Services Committee discussed this topic on May 9, 2023 1 with research provided on other cities (Attachment A) and requested staff to bring this to City Council in the 4th quarter for City Council to evaluate whether a ballot measure should be placed before the voters in 2024 to either extend the Mayoral term or to directly elect the Mayor.

2. Procedures Section 5.1a(4): Video Participation for Public Comment. a. At the April 24th City Council discussion, the City Council voted to include the following text in the Handbook: “If found feasible by staff, members of the public may be given the opportunity to activate their personal video during their public comments.“ Staff noted that this would be studied and, if found feasible, it would just be implemented instead of it being a discussion at Committee. Staff explored this feasibility and found that it is possible and will require staff training to implement. Given recent issues with remote testimony, however, staff requests confirmation of this direction before reflecting changes in the Handbook.

3. Procedures Section 8.2: Censure language was referred to committee for review a.Attachment B draft Handbook includes Policy and Services Committee- recommended censure language. The proposed censure language is on draft Handbook pages 35-39. This was a 2-1 vote at committee.

4. Protocols Section 2.2: Refrain from Lobbying Board and Commission Members. a. Policy and Services Committee discussed this with Board/Commission Chairs on June 13, 2023 and unanimously recommended language for City Council consideration. This language is included on draft Handbook page 45.

5. Protocols Section 2.8: The Role of Council Liaison to Boards or Commissions. a. Policy and Services Committee discussed this with Board/Commission Chairs on June 13, 2023 and unanimously recommended language for City Council consideration. This language is included on draft Handbook page 46.

6. Protocols Section 4: International Travel
1 May 9, 2023 Policy and Services Committee, Item 3,
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a. Policy and Services Committee discussed this referral in April 2023 and October 2023. The draft language is included on draft Handbook page 48. This was a 2-1 vote at committee.

FISCAL/RESOURCE IMPACT
The international travel policy would have a budget impact of up to $40,000 with CPI as recommended by the Policy and Services Committee. This amount would be included as a budget item for the FY 2025 budget if approved by the full City Council. The Committee recommended this as new funding separate from the ’City Council Travel, Meetings, In person Conferences, and Events’ budget of $35,000 (FY 2024 amount) and separate from the ’City Council Contingency’ budget annual appropriation of $125,000. As currently recommended by the Policy and Services Committee, the proposed $40,000 would be in addition to these existing allocations in future fiscal years. If the full City Council agrees to the $40,000 (plus annual inflation adjustment), the City Council could confirm this as new funding as recommended by the Committee or could choose to be budget neutral with a realignment of the existing appropriated funds for next fiscal year.

ENVIRONMENTAL REVIEW
Not a project.

ATTACHMENTS
Attachment A: Comparison of other Cities and Mayoral Appointments Attachment B: Draft Updated Procedures and Protocols Handbook with Committee Recommendations November 2023
APPROVED BY:

Ed Shikada, City Manager
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Policy & Services Committee
Staff Report

Report Type: SUPPLEMENTAL MEMO
Lead Department: City Manager

Meeting Date: May 9, 2023
Report #:2305-1407

TITLE
Supplemental Memo for Referral: Discussion of City Council Procedures and Protocols

BACKGROUND
This is additional information that will be helpful for the Policy and Services Committee discussion on the City Council referral related to the Procedures and Protocols Section 1 ”Annual Organization of the Council” topic. The Palo Alto Municipal Code section 2.04.060 provides for selection of Mayor annually, by vote of the Council:

The Council shall elect one of its members as mayor and one as vice-mayor at the first regular Council meeting in January each year. The election of mayor and vice-mayor shall be by a vote of a majority of the members of the Council. The mayor shall be seated and assume the duties of presiding officer immediately following the election of mayor and before the election of the vice-mayor.

This procedure is also contained in Article III, Section 8 of the Palo Alto Charter:

The Council shall, at its first meeting in January, elect one of its number as its presiding officer, who shall have the title of mayor, and one of its number to be vice-mayor, who shall serve for one year after their election, and until their successors are elected and qualified.

Attachment A contains information on how cities in Santa Clara County and San Mateo County select their mayors.

ANALYSIS AND RECOMMENDATION
While the Municipal Code can be amended by an ordinance adopted by Council, amendment of the Charter requires a vote of the people. To implement a system of rotation based on years of service and votes received in the last Council Member election, the Council would need to propose a ballot measure to be placed before the voters at a general election (November of even numbered years).

Staff recommends that the Committee recommend to Council to either:
(1) maintain the status quo, or
(2) set it aside until early 2024, when ballot measures for the 2024 general election might be considered.

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Comparison of other
Cities and Mayoral
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ATTACHMENTS
Attachment A: Survey of Other Cities Selection of Mayor Processes APPROVED BY:

Ed Shikada

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1 Atachment A: Survey of Other Ci�es Selec�on of Mayor Processes Santa Clara County ci�es:

City Term Chosen by Local Procedure
Campbell 1 year Council
Members
Per Campbell City Clerk.

Cuper�no 1 year Council
Members
Cuper�no Rules and Regula�ons for Candidates
Gilroy 4 years Municipal
Elec�on
City website: Elec�ons & Voter Informa�on
Gilroy Charter; Ar�cle IV Sec�on 402
Gilroy Charter; Ar�cle IV Sec�on 401
Los Altos 1 year Council
Members
Must have served on Council at least 23 months to be
eligible. If there is at least one who has not yet served as mayor but has 23 months, they are eligible before
one who has already served.

Los Altos Norms and Procedures Sec�on 2.2
Los Altos Hills Response pending
Los Gatos 1 year Council
Members
Town Council Code Chapter 2 Sec�on 2.20.035
Milpitas Municipal
Elec�on
City Council Handbook Chapter II Sec�on B
Monte Sereno Council
Members

Morgan Hill 2 years Municipal
Elec�on
Morgan Hill Muni Code 1.16.020
Mountain View 1 year Council
Members
About the Council
City Charter Art. V Sec 505
Palo Alto 1 year Council
Members
City Charter Article III Section 8
Palo Alto Muni Code 2.04.060
San Jose 4 years* Municipal
Elec�on
City Charter Ar�cle IV
Santa Clara 4 years Municipal
Elec�on
City Charter Title 2 Chapter 2.10.010
Saratoga 1 year Council
Members
Resolu�on 10-002
Sunnyvale 4 years Municipal
Elec�on
City Charter Ar�cle IV Sec�on 604

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2 San Mateo County ci�es:

City Term Chosen by Local Procedure
Atherton 1 year Council
Members
Atherton Municipal Code 2.04.030
Belmont 1 year Council
Members
Belmont Elec�on- Mayor Term
Resolu�on 2022-027
Brisbane 1 year Council
Members
City of Brisbane- Elec�on Informa�on
Resolu�on 2016-06
Burlingame 1 year Council
Members
City Council Mee�ng Decorum
Resolu�on 117-1999
Town of Colma 1 year Council
Members
Town of Colma 1.02.030
Daly City 1 year Council
Members
Daily City Code of Ordinances 2.04.015
East Palo Alto 1 year Council
Members
City of East Palo Alto- 2.04.030
Foster City 1 year Council
Members
Foster City Municipal Code 2.08.180
Half Moon Bay 4 years Municipal
Elec�on
Half Moon Bay Municipal Code 1.24.090
Hillsboro 1 year Council
Members
CIty of Hillsborough 2.04.030
Menlo Park 1 year Council
Members
City of Menlo Park Municipal Code 2.04.120
Millbrae 1 year Council
Members
City Council Protocol - Sec�on 8- Mayor and VIce
Mayor
Paciﬁca 1 year Council
Members
City of Paciﬁca- City Council Informa�on
Portola Valley Response pending
Redwood City 2 years Council
Members
Redwood City City Charter Sec�on 14
San Bruno 3 years Municipal
Elec�on
City of San Bruno Municipal Code 2.32.101 (C)
San Carlos 1 year Council
Members
City of San Carlos- Code of Conduct & Ethics Policy
City of San Carlos- Elec�ons
San Mateo 1 year Council
Members
City of San Mateo City Charter 2.02
South San
Francisco
1 year Council
Members
City of South San Francisco- City Council
Woodside 1 year Council
Members
Commitee Handbook; Page 12

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Comparison of other
Cities and Mayoral
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If you have any questions about this handbook, please feel free to contact the City Clerk by phone at (650) 329-2571 and e-mail at [email protected] or the City Attorney by phone at (650) 329-2171 and e-mail at
[email protected].

CITY COUNCIL

PROCEDURES AND

PROTOCOLS HANDBOOK
DRAFT HANDBOOK WITH POLICY AND SERVICES 2023 RECOMMENDATIONS FOR DISCUSSION Draft November 2023
Procedures and Protocols Approved 04/24/2023
with New Table of Contents (last updated May 2023)
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TABLE OF CONTENTS
Introduction ...............................................................................................................3 PART I: CITY COUNCIL PROCEDURES ...........................................................................4 SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE..................................................4

1.1 Annual Organization of City Council .............................................................................4

1.2 Council Committees......................................................................................................4

1.3 Respect the Work of the Council Committees..............................................................7 SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS .........................................8

2.1 Meeting Schedules, Agendas and Supporting Materials ..............................................8

2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings ......9

2.3 Attendance Procedures ................................................................................................9

2.4 Colleagues’ Memos ....................................................................................................14 SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA ...............................................14

3.1 Call to Order ...............................................................................................................15

3.2 Special Orders of the Day ...........................................................................................15

3.3 Closed Sessions...........................................................................................................15

3.4 Agenda Changes, Additions, and Deletions ................................................................17

3.5 General Public Comment (see Section 5 on Public Participation for more details about “General Public Comment”) ............................................................................17

3.6 Council Member Questions, Comments, and Announcements (including reports on Boards, Commissions, and Committees) ...................................................................17

3.7 Study Sessions ............................................................................................................18

3.8 Consent Agenda .........................................................................................................18

3.9 City Manager’s Comments..........................................................................................20

3.10Action Items ...............................................................................................................20

3.11Adjournment ..............................................................................................................20 SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS .........................................................21

4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V)......................................................................................................................21

4.2 Motion Procedures.....................................................................................................21

4.3 Voting and Debate of Agenda Items...........................................................................25

4.4 Quasi-Judicial Matters ................................................................................................27 SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL ........................................29

5.1 Public Participation During City Council Meetings......................................................29 SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS....................................32

6.1 Submit Questions on Council Agenda Items Ahead of the Meeting...........................32

6.2 City Council emails for Agenda-Related Items Procedure...........................................32 SECTION 7 – COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIES........................................33 SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT ...........................35

8.1 Commit to Annual Review of Important Procedural Issues........................................35

8.2 Enforcement ...............................................................................................................35 PART II: CITY COUNCIL PROTOCOLS...........................................................................36 SECTION 1 – CITY COUNCIL CONDUCT.....................................................................................36

1.1 Positive Work Place Environment...............................................................................36

1.2 Comply with Law ........................................................................................................36

1.3 City Council Core Responsibilities (exist. Protocol Sec. 1)...........................................36 Item 22
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1.4 General Member Conduct ..........................................................................................37

1.5 Decisions Based on Merit ...........................................................................................38

1.6 Advocacy ....................................................................................................................38

1.7 Council Conduct with City Staff ..................................................................................39

1.8 Use of Staff Time ........................................................................................................40 SECTION 2 - CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS..........41

2.1 If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions.......................................................................................................41

2.2 Refrain from Lobbying Board and Commission Members...........................................41

2.3 Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members ..................................................................................41

2.4 Concerns about an Individual Board or Commission Member Should be Pursued with Tact.............................................................................................................................41

2.5 Be Respectful of Diverse Opinions ..............................................................................42

2.6 Keep Political Support Away from Public Forums .......................................................42

2.7 Maintain an Active Liaison Relationship......................................................................42

2.8 Role of Council Liaison to Board or Commission ........................................................42 SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL .................................................................42

3.1 Respond to Council Questions as Fully and as Expeditiously as is Practical................42

3.2 Respect the Role of Council Members as Policy Makers for the City..........................42

3.3 Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings ...........................................................................42

3.4 It is Important for the Staff to Demonstrate Respect for the Council at all Times......43 SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT ...................................................................43

4.1 Mayor and Vice Mayor Additional Compensation......................................................43

4.2 Miscellaneous Expenditures .......................................................................................43

4.3 Council and Boards and Commission Travel Policy.....................................................43 SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors ........................................44 Item 22
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Introduction
The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption of the Handbook is requirement of the Palo Alto Municipal Code:

Municipal Code 2.04.100 – Handbook of Procedural Rules
The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind.

The handbook is organized in two parts:

Part I: City Council Procedures
This section explains the process through which work is done and basic rules for City Council meetings including public participation guidelines.

Part II: City Council Protocols
This section explains conduct guidance for the City Council.

If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State or Federal law, the Charter, Code, or State or Federal law shall govern.

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PART I: CITY COUNCIL PROCEDURES
SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE

1.1 Annual Organization of City Council
The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060 provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each year. Nominations may be made by any Council member and do not require a second.

1.2 Council Committees
(a) Standing Council Committees
Policy
It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings.

Purpose
These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for Palo Alto.

General Requirements
Council standing committees shall be subject to the following procedural rules:
1) Quorum
A majority of the committee membership shall constitute a quorum. 2) Referrals
Only the Council or City Manager shall make referrals to the standing committees.

Referrals will generally be directed to only one of the standing committees.

Items may be withdrawn from the committee and taken up for consideration by the Council at any Council meeting with the consent of a majority of the Council, and subject to any applicable noticing or agenda-posting requirements.
3) Attendance by Nonmembers
As required by the Brown Act, Council members who are not on a committee may attend the committee meeting but only as an observer; they may not speak or otherwise participate in the committee meeting.

If Council wishes to allow members who are not serving on the committee to speak, the meeting should be noticed as a meeting of the full Council, and all Council procedural requirements will apply.

Commented [GC1]: Policy and Services Discussed
this at the May 9, 2023 meeting and concluded the
City Council should discuss any desired changes to this section in Q4 2023. The options discussed were
whether a ballot measure should be placed before the
voters to consider either of the following:

1.To extend the Mayoral term

2.To directly elect the Mayor
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4) Function of committees
The purpose and intent of committee meetings is to expedite Council action by providing more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on City problems by both the committee and the public. Actions of the committee shall be advisory recommendations only except as to matters delegated to the committee by Council.
5) Minutes and Report of Committee
The City Clerk shall be responsible for the preparation and distribution to the Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes of each committee meeting serve as the report to the Council and should be included, as appropriate, in subsequent relevant staff reports.
6) Agenda
The presiding officer of each standing committee shall work with staff to prepare the agenda for committee meetings. Items should be scheduled as they are ready, taking into account the sequence of referral, the time required for staff research and analysis to support committee discussions, the time-sensitivity of items, and other factors as determined by the chair and City Manager.
7) Public Participation at Committees
The presiding officer shall determine the time that each speaker is allotted during general public comment and public comment on agendized items. The chair will typically set individual speaker speaking time at 3 minutes per speaker. If extended public participation is desired the chair may provide for a longer period; if there are a large number of speakers or many agenda items, speaking time may be shortened. 8) New Standing Committees
Council may establish new standing committees as needed. (b) Policy and Services Committee
The Municipal Code states that the role of the Council Policy & Services Committee is to consider and make recommendations on matters referred to it by the Council relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public work, and community and human services. (§2.04.220).
(c) Finance Committee
The Municipal Code states that the role of the Council Finance Committee is to consider and make recommendations on matters referred to it by the Council relating to finance, budget, financial audits, capital planning and debt. (§2.04.210).

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(d) Council Appointed Officers (CAO) Committee
The CAO Committee meets on an as-needed schedule to address issues that Council has referred to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City Clerk and City Auditor. For example, the committee may be tasked with duties related to performance evaluations, compensation, and the filling of vacancies. (e) City Schools Liaison Committee
The City-Schools Liaison Committee is composed of two Council members and two members of the Board of Education of the Palo Alto Unified School District. The committee’s purpose is to share information, collaborate, and coordinate on issues related to Palo Alto’s school-aged children and youth.
(f) Ad Hoc Committees
Policy
The Council may create Ad Hoc Committees on a limited basis where necessary to study City business in greater depth than what is possible in the time allotted for Council and Standing Committee meetings.

Purpose
These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees and to set up guidelines for creation of Ad Hoc Committees.

General Requirements
Council Ad Hoc Committees shall be subject to the following procedural rules:
1) Definition of Ad Hoc Committee
An Ad Hoc Committee is a temporary advisory committee composed solely of less than a quorum of members of the Council or any Council Standing Committee. The work of an Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended to be perpetual but rather to be dissolved in a finite period time, once its specific task is completed. By contrast, a Standing Committee has continuing subject matter jurisdiction over a variety of related topics.
2) Brown Act
The procedural requirements of the Brown Act apply to all committees that have either:
(a) continuing subject matter jurisdiction over a matter or group of related matters; or (b) a regular meeting schedule set by Council action. All Standing Committees are Brown Act bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are temporary bodies, formed for the purpose of addressing a limited or single purpose, include only members of Council, and do not have a regular meeting schedule set by Council action. When Council creates an Ad Hoc committee that is not a Brown Act body, Council may, at its discretion, direct that the committee follow Brown Act procedures.

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3) Creation and Appointment
The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer members of the Council to serve. In contrast, only the Council and not the Mayor alone can create a Standing Committee. The Mayor makes appointments to Standing and Ad Hoc Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or him and its membership and stated purpose. The Clerk shall post this information on the Council website. The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee. 4) Duration
Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does not complete its task by the end of the calendar year, it shall not continue unless reappointed by the new Mayor in the following year.
5) Members
Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall not include any other persons, including members of other legislative bodies. 6) Reporting
Ad Hoc Committees shall report their recommendations to the Council in the timeframe directed by Council. Any Council Member may ask during ‘Council Member Questions, Comments And Announcements’ that an updated Ad Hoc Committee report be placed on an upcoming meeting agenda.
7) Termination of Ad Hoc Committee by Majority of Council A majority of the Council may vote to terminate any Ad Hoc Committee following placement of the issue on an agenda.
8) Conclusion
A public announcement shall be made any time the Ad Hoc Committee has concluded its work and/or upon dissolution.

1.3 Respect the Work of the Council Committees
Council should respect the work of Council committees, as their purpose is to provide focused, in- depth discussion of issues to help inform and expedite Council business. If a matter is taken forward to the full Council for approval after receiving a unanimous vote at committee, the item will be placed on the Consent Calendar, unless otherwise recommended by the committee, Mayor, City Attorney or City Manager.
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SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This purpose recognizes the value of establishing a community understanding of meeting procedures so that broad public participation is encouraged. This purpose also recognizes that Council members must have a common approach to the discussion and debate of City business so that meetings are both streamlined and thorough.

These are guidelines, rather than rules. The Council intends that City staff and Council members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, unfairness, or the promotion of form over substance.

In addition to Council-adopted guidelines, State law establishes a variety of mandatory meeting rules that the City must follow in order to ensure open government and fair process, regardless of unusual situations and consequences. (See Cal. Govt Code section 54950.)

2.1 Meeting Schedules, Agendas and Supporting Materials (a) Meeting Schedules for Regular and Special Meetings
The City Council generally conducts two different kinds of meetings: regular meetings and special meetings.

The Municipal Code provides that regular City Council meetings are conducted at City Hall on the first three Monday nights of each month, except during the Council’s annual summer and winter recesses, at 5:30 p.m.

The Council also schedules periodic special meetings, which are meetings on any day or time other than the regular meeting time. This may include meetings on the regularly-scheduled first three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday, or meetings scheduled on any other day or time.

The Mayor or Council may call a special meeting on a minimum of 24 hours’ notice. Special meetings need not be held at City Hall, as long as the alternate location is within the City. The Council makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session. (c) Posting of Agendas
Under the Brown Act, meeting agendas must be posted no later than 72-hours prior to regular meetings and 24-hours prior to special meetings. It is City policy to make every effort to post the agenda on Thursday, 11 days prior to Monday meetings, whether regular or special. Agendas are posted in King Plaza by the elevators and are uploaded to the City Council web page.

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(d) Supporting Reports and Materials
It is City policy to make every effort to provide supporting reports and materials at the time the agenda is posted. Typically, this will occur 11 days before the meeting. Materials that are not available at the time of agenda posting will be distributed as soon as feasible before the meeting.

Materials that are distributed to a majority of Council will be made available to the public at the same time, as required by law. Some materials, such as presentation materials or “supplemental memoranda” (previously referred to as “at places” memoranda) may be distributed to Council members and the public at the meeting.
(e) Late Submittal of Correspondence or Other Information Related to Planning Applications In order to allow for adequate staff review and analysis and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council must be submitted to staff not later than noon five (5) working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council members or staff, and staff determines additional review is needed, staff will reschedule the item for a future Council meeting.

If a Council member receives planning application materials from a project applicant, or receives other significant material related to the application from any source, he or she shall notify the City Clerk and the City Manager as soon as possible so that all relevant material can be entered into the official record and made available to all parties and the public. At the meeting the City Council may determine whether to continue or refer the item to the appropriate board and/or commission if significant changes to a project or significant new information become known.

2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted, including review of approximate time allocation of Staff Report presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard.

The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are invited and expected to attend the pre-Council meetings with the City Manager, other CAOs, and department managers. The Mayor and Vice Mayor’s role is to represent the interest of the entire Council.

2.3 Attendance Procedures
(a) Attendance Required
Council members, the City Clerk, City Attorney, and City Manager, along with any other City officers and department heads that have been requested to be present, shall take their regular stations in the Council Chambers at the start of every scheduled meeting. The presiding officer will ensure that each meeting will include at least one 15-minute break. The Council expects its members to attend regularly and notify the City Clerk of any planned absences. The Council may levy fines of Item 22
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up to $250.00 against Council members who willfully fail to attend meetings (PAMC section

2.04.050).
(b) Remote Attendance of Council Members at Council and Committee Meetings Council members are strongly encouraged to attend meetings in person. State law allows Council members to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are summarized below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply.

Council members are encouraged to consult in advance with the City Clerk and, if needed, the City Attorney to ensure compliance with all required procedures. 1) Number of Remote Appearances
Remote attendance shall be permitted not more than 3 five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for each Council committee). AB 2449 rules still apply which state that no more than two meetings may be attended remotely during a calendar year for “just cause,” as described below.
2) General Procedures for Appearing Remotely
Council members must follow mandatory procedures set forth in State law. At any meeting where a Council member is attending remotely, the following requirements must be met:
(A) At least a quorum of the Council must participate from a singular physical location within the City.
(B) The agenda must identify and include an opportunity for the public to attend and directly address the council member through a call-in option, an internet-based service option, and in-person at the location of the meeting. (C) Council may not take action if there is an unresolved disruption to the meeting broadcast or to the ability to take call-in or internet-based public comment.

If the above threshold requirements are met, the Council member attending remotely must ensure they follow the procedures associated with either Standard Remote Attendance or AB 2449 Remote Attendance.
3) Standard Remote Attendance Procedures
A Council member attending remotely using these procedures must ensure that:
(A) The meeting agenda identifies the remote attendance location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to a regular meeting and 24 hours prior to a special meeting. (B) The remote attendance location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire Item 22
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meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. (C) The remote attendance technology used is open and fully accessible to all members of the public, including those with disabilities. (D) Members of the public who attend the meeting at the remote attendance location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. (E) The remote attendance location must not require an admission fee or any payment for attendance.
(F) If the meeting will include a closed session, the Council Member must ensure that there is a private location available for that portion of the meeting. A private location means a closed room such that no other person can hear any portion of the closed session.

If the Council Member intends to follow the procedures of Standard Remote Attendance but determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using Standard Remote Attendance procedures. 4) Standard Remote Attendance Guidelines
(A) Five days written notice in advance of the publication of the agenda must be given by the Council member to the City Clerk’s office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to, if a hard copy is requested.
(B) The Council member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council member requests; however, it is the Council member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above. (C) The Council Member must ensure that the location will be publicly accessible while the meeting is in progress.
(D) The Council Member must state at the beginning of the Council meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location.

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5) AB 2449 Remote Attendance Procedures
In 2022 the Legislature adopted AB 2449, which amended the Brown Act to allow remote participation in certain narrow circumstances (listed below) without publishing the remote location on the meeting agenda and without providing public access from the remote location.

Where the requirements of AB 2449 are met, a Council member is not required to follow the procedures described in Section 2.3(b)(3)(A)-(E), above.

A Council member may use AB 2449 if the Council member has either “just cause” or “emergency circumstances” that require remote participation, as defined by AB 2449. (A) Just cause.
i.“Just cause” is defined as:
a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance, b. a contagious illness that prevents in-person attendance, c. a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or
d. travel while on the business of a state or local agency. ii. Notice. A Council member with “just cause” to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely and provide a general description of the circumstances.
(B) Emergency Circumstances.
“Emergency circumstances” is defined as a physical or family medical emergency that prevents a Council member from attending the Council meeting in person. i. Notification and acceptance.
a. A Council member attending remotely due to “emergency circumstances” must notify the Council or Council committee and the City Clerk at the earliest possible opportunity.
b. The Council or Council committee must request a general description of the circumstances relating to the Council member’s need to appear remotely. The description does not need to have more than 20 words, and the Council member does not have to disclose any personal medical information.
c. At the earliest opportunity available to it, the Council or Council committee must, by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body must take action on the request at Item 22
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the beginning of the meeting by majority vote.
(C) Disclosures. Council members attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. (D) Technology. Council members attending remotely shall participate using both audio and visual technology.

If the Council member intending to follow the procedures of AB 2449 Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures. 6) AB 2449 Remote Attendance Sample Scripts
At the start of the meeting, the Council member attending remotely may use the following language to identify under which provision they are attending remotely:

Just Cause:
“I have just cause to attend this meeting remotely under AB 2449. I have not attended a meeting remotely due to just cause more than once this calendar year. I have attended [NUMBER] meetings remotely this calendar year. I must attend this meeting remotely because…

1. “… I must provide caregiving to [RELATION].”

2. “… a contagious illness prevents me from attending in person.”

3. “… I have a need related to a disability which could not be accommodated at this meeting.”

4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].” “In this room, I am accompanied by…

1. “…no one over the age of 18.”

2. “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].”
Emergency Circumstances:
“Due to emergency circumstances, I request to attend this meeting remotely under AB 2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL OR FAMILY] medical emergency I am facing requires my remote attendance because [BRIEF DESCRIPTION].”
“In this room, I am accompanied by…

1. “…no one over the age of 18.”

2. “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].”
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2.4 Colleagues’ Memos
Council members may bring forward a colleagues’ memo on any topic to be considered by the entire Council. A minimum of two Council members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for consideration of a motion by the Council. Up to three Council members may sign a colleague memo. To comply with the Brown Act, three is the maximum number Council members who may discuss or sign onto a colleagues’ memo.

Prior to preparing a colleagues’ memo, Council members should consult with the City Manager to determine whether the City Manager is able to address the issues as part of their operational authority and within current budgeted resources. Colleagues memos should include a section drafted by the City Manager that identifies any potential staffing or fiscal impacts of the contemplated action.

Council members shall provide a copy of the proposed memo to the City Manager and City Attorney prior to finalization. Completed Council colleagues’ memos should be provided to the City Manager, City Attorney and City Clerk with as much advance notice as possible, to provide time for staff to prepare the resource impact section and prepare the memo for placement on the agenda.

The Council will not take action on the night that a colleagues’ memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo. The Council will discuss the colleagues’ memo and refer it to a committee or direct the City Manager to agendize the matter for Council action. Action may be taken immediately by the Council on colleagues’ memos where there are no resource or staffing implications, or where these implications are fully outlined in the colleagues’ memo. The Brown Act requires that the public be fully informed of the potential action by the Council when the agenda is published. In order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the colleagues’ memo contains all actions that the Council members want completed on the night of the Council review.

Council members nearing the end of their term desiring to submit a colleagues’ memo should consider submittal timing and steps needed in order to ensure Council discussion prior to the end of their term.

Staff will make best efforts to agendize such memos prior to the end of the Council term. * * *
SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below, except as determined otherwise by the Mayor in consultation with the City Manager. In setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in the agenda-setting process if needed. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda items that shall be taken up first or at a specific time during the course of the meeting (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a majority vote of those present:

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Call to Order
Special Orders of the Day
Closed Session
Agenda Changes, Additions and Deletions
General Public Comment
Council Member Questions, Comments and Announcements
Study Session
Consent Agenda
Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as one item.

City Manager Comments
Action Items
Adjournment
Items Considered After 10:30 p.m.: The Council makes every effort to end its meetings before 11 p.m. With that goal in mind, the Council generally does not start discussion of new matters after 10:30 p.m. Before 10 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 p.m. and, if so, which specific items will be taken up.

3.1 Call to Order
The meeting can be called to order in recognition of a holiday or special designation to bring awareness and show appreciation of that holiday or special designation. The Mayor will determine such recognitions in consultation with the Manager, and dates will primarily originate from a calendar adopted by the Council.

3.2 Special Orders of the Day
Council may acknowledge a special appreciation for individuals or groups for achievements, holidays (dates included in the annual Council-adopted calendar), etc., through the Special Order of the Day. This can be done through:
- A certificate of recognition for individuals linked to a certain event or holiday - Information read by Council members in honor of a group or individual - A proclamation or resolution presented to a group or individual - Informational presentation from a community group about their program.

3.3 Closed Sessions
Closed sessions are the only part of a Council meeting that the public cannot attend though to the public may make public comments before the start of the closed session. Council may meet in closed Item 22
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session only as specifically authorized by State law. The most common types of closed sessions are labor negotiations, litigation, employment issues, and real estate negotiations.

The Council will make a public report after the session where required by State or local law. (a) Closed Session Requirements
1) Announcements Before Closed Sessions
The Mayor/City Clerk shall announce the item or items to be considered in closed session by reference to the appropriate agenda number or letter, or in an alternate form that shall be provided by the City Attorney.
2) Public Comments
Members of the public are permitted to make public comments on closed session matters.

The City Clerk shall be present in the open session to record Council attendance and any statements made by the public or by the Council.
3) Vote to Go into Closed Session
The Council shall vote to go into closed session.
4) Attendance
The City Manager and City Attorney, or their designees, shall attend closed sessions unless it is necessary to excuse them. Additional staff and consultants may attend, but only to the extent that their attendance is necessary to support Council’s consideration of the item. 5) Public Reports
State and local law require the Council to make a public report after a closed session when certain kinds of actions are taken (PAMC section 2.04.030). Reports from closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City representative as designated by the Council. Such designated person is the only individual authorized to make public statements concerning the closed session.

It is the policy of the Council to inform the public of action taken in closed session to the greatest extent possible. It is recognized, however, that the need for confidentiality is inherent in closed sessions and that certain matters if revealed may be a detriment to the results desired. The Council shall publicly report:
(A) any decision to appoint, employ, or dismiss a public employee and the roll call vote thereon at its next public meeting;
(B) actions related to litigation and the roll call vote on such actions, unless the report would, in the written opinion of the City Attorney for specifically stated reasons, clearly jeopardize the City’s ability to effectuate service of process on one or more unserved parties or impair the City’s ability to resolve the matter through negotiation, mediation or other form of settlement. Notwithstanding the City Attorney's written opinion, the Council may under any circumstance, by majority vote, determine that it is in the City's best interests to disclose actions taken in Item 22
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closed session related to litigation. The public report shall be given as soon as possible, but no later than the next regular meeting, and shall include the vote or abstention of every member present. The City Attorney’s written opinion shall be made public, along with any action taken and any vote thereon, as soon as any litigation is concluded. The City Attorney shall record any action and vote upon such forms as the City Attorney may deem desirable;
(C) Other matters as required by law.
6) No Minutes
No minutes of closed sessions shall be kept. The City Attorney shall record the information necessary to comply with State law and Municipal Code section 2.04.030. 7) Confidentiality
No person in attendance at a closed session may disclose the substance or effect of any matter discussed during the session (PAMC section 2.04.040), except to the extent authorized by a majority vote of Council or as required by a court.

3.4 Agenda Changes, Additions, and Deletions
(a)By majority vote, Council may change the order or delete an item from the agenda. Council may not add items to the agenda except in cases of emergency as defined by State law. (b)When the Council decides to reschedule business items, the business items will generally be rescheduled as follows:
1) Items Rescheduled to a Date Uncertain
When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor shall confer on an appropriate date to reschedule the item. 2) Items Rescheduled to a Date Certain
Council may reschedule an item to a specific future Council meeting.

3.5 General Public Comment (see Section 5 on Public Participation for more details about “General Public Comment”)

3.6 Council Member Questions, Comments, and Announcements (including reports on Boards, Commissions, and Committees)
The purpose of this agenda item is to allow Council to briefly ask staff about matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. If more than brief statements are desired, the item shall be agendized for a future meeting in the manner otherwise provided by these Procedures, such as by the City Manager or through a Colleagues Memo. Major policy issues and new assignments will not be discussed or considered in this item. To the extent possible, Council will confer with staff before raising matters under this agenda item. This agenda item will generally last up to 15 minutes and the Item 22
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public may not comment.

3.7 Study Sessions
Study Sessions are agenda items during which the Council receives information about City business in an informal setting. Study sessions are intended to be discussion items only. The Decorum rules still apply to the behavior of the Council and public.
(a) Study Session Procedures
1) Time
Special study sessions will be held as needed.
2) Topics and Process
Study sessions are intended to be conducive to in-depth factual presentations by City staff and detailed questioning and brainstorming by Council on issues of significant interest. The Council may discuss the material freely without following formal rules of parliamentary procedure, and the shall have discretion to determine the appropriate process for conducting the study session, including when public comment will be heard. 3) Public Participation
Members of the public are allowed to make public comments on study session matters at the time directed by the presiding officer. The general rules of decorum apply. 4) No Action Taken
Staff may be directed to bring matters back for Council consideration at future meetings, as no action can be taken.

3.8 Consent Agenda
The Consent Agenda is the section where items not anticipated to require discussion can be presented and acted upon efficiently by Council. This generally includes administrative items; implementation of policies and programs previously approved by Council, including contracts; and other routine or non-controversial items. The Mayor and City Manager should be sensitive to high dollar value contracts and consider placing those items in the action agenda section. The consent section may include:
(a) Ordinances and Resolutions
The following ordinances and resolutions may appear on a consent calendar:
1) Second Reading (passage and adoption) of Ordinances. 2) Resolutions that are ceremonial in nature.
3) Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans), the Council Priorities, and other similar sources.

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4) Budget amendments that accept funding such as grants or gifts, provided Council has previously approved the activity or program.
5) Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. 6) Clerical amendments to local laws.
7) Conforming amendments to local laws that are required by State law, except items of significant public interest.
(b) Administrative Matters Including Contracts, Appointments, Approval of Applications, and Any Other Matter
An administrative matter may be placed on the consent calendar if it is:
1) An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the Staff Report accompanying the item. 2) Contracts for which the subject or scope of work has been previously reviewed by the City Council.
3) A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include routine maintenance contracts, annual audit agreements software and hardware support agreements, janitorial services, and copier agreements or postage machine agreements. 4) Designation of heritage trees.
5) Designation of historic building at the request of the property owner if there are no unusual policy ramifications.
6) Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity.
7) Items identified in the Municipal Code for placement on Consent. This includes, for example, certain appeals of determinations of the Director of Planning and Development Services.
8) Approval of minutes.
9) Referral of an item to a Standing Committee, Committee, Board, Commission, or Council Appointed Officer.
10) Other similar matters as determined by the City Manager, in consultation with the Mayor. (c) Items Unanimously Recommended for Approval by a Council Committee or Council-Appointed Board or Commission, Unless Otherwise Recommended by the Committee/Commission, Mayor, City Attorney or City Manager
Items recommended unanimously for approval by Council committees and Council-appointed boards and commissions are generally placed on Consent, except as otherwise recommended by Item 22
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the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as required by law.
(d) Public Comment on Consent Agenda
Members of the public wishing to speak to items on the Consent Calendar shall be permitted to speak prior to Council Member requests to remove an item or the vote to adopt the Consent Calendar.
(e) No Discussion or Debate; Voting; Recusals; Speaking to a No Vote There shall not be discussion or debate on any item on the Consent agenda. A Council member who needs to recuse themself from a Consent item shall inform the Mayor and make any public disclosure that is required. The Clerk shall record the recusal on the item.

Any Council member may request that his or her vote be recorded as a "no" on any item or items on the Consent agenda. Any Consent item not receiving the number of “yes” votes required for the item is not approved.

Council members may explain their "no" votes at the end of the Consent Agenda, with 3-minutes permitted for non-appeal items and 5 minutes for appeal items for each Council member. Council members may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements.
(f) Council Requests to Remove Items from Consent Agenda Three Council members may request that an item be removed from the Consent Agenda except where otherwise required by the Municipal Code. Under the Municipal Code, four votes are required to remove a second reading of an ordinance from the Consent Agenda.

Removed items will be heard either later in the meeting or agendized for a subsequent meeting, depending upon the number of speakers, the anticipated length of the items that have been officially scheduled for discussion on a particular evening, the availability of staff required to support the discussion, and legally- required noticing procedures. The Mayor, in consultation with the City Manager, will decide when any removed items will be heard.

Council members who intend to request to remove an item should strive to inform the City Manager’s office no later than noon the Sunday before the meeting. This is so that the Manager can assess the operational impacts of rescheduling a removed item to a later agenda and, if appropriate, can arrange for appropriate staff to attend Council to support consideration of the item.

3.9 City Manager’s Comments

3.10 Action Items

3.11 Adjournment
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* * *
SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS

4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V) (a) Motions, Debate & Voting
Policy and Summary of Rules
It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions the Council can make and when those motions are properly used. See the Summary Table below.

Purpose
The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business in order to create open respectful discussion and results that serve the public interest. (b) Motions
A motion is a formal proposal by a Council member asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Motions may be provided to the City Clerk in advance of the Council meeting so that the Clerk can efficiently post the motion on the screen for the convenience of the community and Council members.

There are two types of motions; these are the “main” motion and any secondary motions. Only one main motion can be considered at a time. The main motion is the first motion to be made and receive a second. A secondary motion is described below which can be considered while a main motion is pending.

4.2 Motion Procedures
(a) Main Motion Procedures
1) Get the Floor
A Council member should seek permission of the presiding officer before making a motion. 2) State the Motion
A motion is made by a Council member (the “maker”) stating his or her proposal. Longer proposals can be written.
3) Second Required
Any other Council member (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may “second” the motion without first being recognized.

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4) Motion Transcribed
The Clerk shall transcribe the motion so that Council members, the public and staff can read it.
5) Lack of a Second
If there is no second stated immediately, the presiding officer should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered. 6) Discussion
The maker shall be the first Council member recognized to speak on the motion if it receives a second. The seconder shall be the second Council member to speak on the motion.

Generally Council members will speak only once with respect to a motion. If the presiding officer or Council permits any Council member to speak more than once on a motion, all Council members shall receive the same privilege.
7) Secondary Motions
Secondary motions may be made by a Council member upon getting the floor. 8) Action
After discussion is complete the Council will vote on the motion under consideration. (b) Secondary Motion Procedures
Only one main motion may be entertained by Council at a time. The Council recognizes the following secondary motions which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list:

The purpose of the allowed secondary motions is summarized in the following text and table. 1) Fix the time to which to adjourn
This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. 2) Adjourn
This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken.
3) Take a recess
This motion interrupts the meeting temporarily. It is amendable but is not debatable. 4) Raise a question of personal privilege
This motion allows a Council Member to address the Council on a question of personal Item 22
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privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. 5) Lay on the table
This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter must be reagendized in the future if further consideration is to be given to the matter.
6) Previous question
This motion “calls the question” by closing debate on the pending motion. A motion for previous question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two- thirds vote of those Council members present and voting. 7) Limit or extend debate
This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of those Council members present and voting. 8) Continue to a certain time
This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. 9) Refer to a city agency, body, committee, board, commission or officer This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to Council, at which time subject is fully debated.

It requires a second, is amendable, and is debatable only as to the propriety of referring.

The substance of the subject being referred shall not be discussed at the time the motion to refer is made.
10) Amend or substitute
A motion to amend retains the original motion and modifies it in some way. A substitute motion deletes the original motion and replaces it with a different motion. Both require a second, are amendable, and are debatable only when the motion to which they appy is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying a motion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely.

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C. Motion Process Reference Chart
Motion Description 2nd
Required Debatable Amendable2/3 Vote
Fix the time to
which to adjourn Sets a next date and time for
continuation of the meeting
YES Only as to time to which
the meeting is adjournedYES NO
Adjourn
Sets time to adjourn. Not in order if (a)
repeated without intervening business
(b) made as an interruption of a
member while speaking; (c) the
previous question has been ordered;
and (d) while a vote is being taken
YES
Only to set the time to
which the meeting is
adjourned NO NO
Take a recess Purpose is to interrupt the meetingYES NO YES NO Raise a question of
privilege
Allows member to address Council on a
question of personal privilege limited to
Council welfare or cases where a
member’s personal integrity, character,
or motives are questioned.

NO NO NO NO
Lay on the table Interrupts business for more urgent
business

YES NO NO NO
Previous question
(close debate or
“call the question”)
Closes debate on pending motionYES NO NO YES
Limit or extend
limits of debate Purpose is to limit or extend debateYES NO YES YES Motion to continue
to a certain time Continues the matter to another,
specified time

YES YES YES NO
Refer to committee
Sends subject to another city agency,
body, committee, board, commission or
officer for further study and report back
to council, at which time subject is fully
debated
YES
Only as to propriety of
referring, not substance
of referral
YES NO
Amend or substitute
Modifies (or reverses course of)
proposed action. Cannot raise
independent question. Can amend an
amendment, but no further
YES Only if underlying motion is
debatable YES NO
Motion to
Reconsider
Motion that can be made only during the
meeting or adjourned meeting in which
the action was taken YES YES NO NO
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4.3 Voting and Debate of Agenda Items
(a) Presiding officer to review motion
The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer and the maker of the motion should work with the City Clerk to clarify the motion before allowing debate to begin. The presiding officer may review the motion prior to voting.
(b) Presiding officer may debate and vote
The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council members. The presiding officer shall not be deprived of any of the rights and privileges of a Council member. (c) Division of question
If the question contains two or more divisible propositions, each of which is capable of standing as a complete proposition if the others are removed, the presiding officer may, and upon request of a Council member shall, divide the same. The presiding officer's determination shall be appealable by any Council member.
(d) Withdrawal of motion
A motion may only be withdrawn by the maker with the consent of the Council Member seconding it.
(e) Change of vote
Council members may change their votes before the next item on the agenda is called. (f) Voting
On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device and entered in full upon the record, except where state law requires a roll call vote (g) Failure to vote
It is the responsibility of every Council member to vote unless the member is recused. No Council member can be compelled to vote.
(h) Abstaining from vote
Council members should only abstain if they are not sufficiently informed about an item, e.g., when there was a prior meeting on the topic and they were unable to view the prior meeting before the current meeting. In the event of an abstention, or silence during a vote, the abstainer in effect, "consents" that a majority of the quorum of the Council members present may act for him or her. (i) Not participating
A Council member who is recused from an item due to a conflict of interest, common law bias, or other legal prohibition shall make disclosures required by law, leave the dais if required, and not participate in any way in the discussion or determination of the item. A Council member may otherwise disqualify themself to avoid an appearance of impropriety.

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(j) Tie votes
Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Council voting yes or no during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter to another date. To the extent allowed by law, it is the Council’s intention that any continuance hereunder shall suspend the running of any time in which action of the Council is required by law. Nothing herein shall be construed to prevent any Council member from recommending the agendizing of a matter that resulted in a tie vote for a subsequent meeting. (k) Motion to reconsider
A motion to reconsider any action taken by the Council may be made only during the meeting or adjourned meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing side of an issue but may be seconded by any Council member. A motion to reconsider may be made at any time and shall have precedence over all other motions, or while a Council member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered.

Reconsideration may be moved only once on the same motion. However, a Council member may make a motion to rescind such action at a subsequent meeting of the Council, provided an appropriate item is on the published agenda.
(l) Appeal from the decision of presiding officer
When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Council member. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the decision or ruling of the presiding officer is reversed. (m) Getting the floor; improper references to be avoided Every Council member desiring to speak shall address the presiding officer and, upon recognition by the presiding officer, every Council member shall be confined to the question under debate, avoiding all indecorous language and personal attacks.
(n) Interruptions
Except for being called to order, a Council member once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Council member called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Council member shall be permitted to proceed.
(o) Council Member Speaking Time
The presiding officer shall give each Council member up to five (5) minutes to speak in each round of discussion during discussions on Council items where discussion takes place. The Council shall be guided by the speaking times set by the presiding officer and shall conclude comments at the Item 22
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direction of the presiding officer . The presiding officer shall endeavor to treat all members equitably.

4.4 Quasi-Judicial Matters
(a) Quasi-Judicial Matters
It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve consideration of an application to develop real property. The City, including Council and associated Boards and Commissions, reaches a determination by applying standards and requirements in existing law to the facts and evidence submitted in the hearing. Findings must be stated to explain the evidentiary basis for Council’s final decision.

Purpose
These rules are intended to assure that City Council decision making on quasi-judicial matters is based upon facts and evidence known to all parties and to support the role of Boards and Commissions in making independent recommendations to Council.

General Requirements
1) Quasi-Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural rules include hearings involving the following matters:
(A) Conditional Use Permits
(B) Variances
(C) Home Improvement Exceptions
(D) Design Enhancement Exceptions
(E) Subdivisions, other than final map approvals
(F) Architectural Review
(G) Other Matters as Determined by the City Attorney
2) Restrictions on Council Communications Outside of Quasi-Judicial Hearings It is the policy of the Council to discourage the gathering and submission of information by Council members outside of any noticed public meeting, prior to final recommendations by the Architectural Review Board or Planning & Transportation Commission. The following procedural guidelines are intended to implement this policy but shall not be construed to create any remedy or right of action.
3) Identification of Quasi-Judicial Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial matters on both the tentative and regular Council agendas.

This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the matter.

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4) Council to Track Contacts
Council members should track contacts with any person or entity pertaining to quasi-judicial matters. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member.
5) Disclosure
When a quasi-judicial matter is agendized at Council, Council members will disclose on the record any contacts they have had outside of a noticed meeting, identify any new or different information they have received, and note information that may influence their preliminary views or opinions about the item. Disclosures may be oral or written and should explain the substance of the contact so that the project applicant, other Council members, interested parties, and the public will have an opportunity to learn of the factors influencing the Council's decision and have an opportunity to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Member from participation in a quasi-judicial matter unless the Council Member, in consultation with the City Attorney, determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item.
6) No Contacts after Hearings
Following closure of a quasi-judicial hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff.
7) Written Findings Required
On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated.
8) Rules of Evidence
Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council.

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9) Council Members Who are Absent During Part of a Hearing A Council member who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched the video record of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent.

Council members who were absent should state for the record that they have reviewed the proceedings and materials.
(b) Presenting at Quasi-Judicial Hearings
In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, each individual appellant shall be given a minimum of 5 minutes for presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the Presiding Officer shall independently, or may upon advice of the City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant.
(c) Submittal of Materials Directly to Council
If Council Members receive materials related to a quasi-judicial agenda item they should notify the City Clerk and the City Manager as soon as possible so that the materials can be placed in the official record and distributed to all Council members, parties to the proceeding, staff and the public.
* * *
SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL

5.1 Public Participation During City Council Meetings
Overview
The Council welcomes members of the public to participate in meetings through public comment opportunities. It is the policy of the Council to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government and civil, intelligent public discourse. Open government meetings must allow everyone to be heard without fear of cheers or jeers. For these reasons, the Council takes these rules seriously.

Disruptive or unruly behavior in violation of the law can result in removal from the Council meeting and/or arrest and prosecution.

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(a) Access to Meetings
1) In-Person and Remote Participation
Council meetings are available in person in the Council Chambers and through an online meeting platform. Members of the public are welcome to attend the meeting in person or to join the online meeting platform.
2) Translators
Speakers may bring a translator as needed and will be allotted additional time, as appropriate.
3) ADA Access
Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent with law. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650- 329-2571 (voice) or email at [email protected]@cityofpaloalto.org. 4) If found feasible by staff, members of the public may be given the opportunity to activate their personal video during their public comments.
(b) Summary of Rules for Public Participation
Every regular Council agenda has two different kinds of opportunities for the public to speak. The first is during General Public Comment. The second is during the public comment or public hearing portion of each agenda item.
1) General Public Comment
This part of the meeting is provided so that the public can speak to any subject that is in the Council’s jurisdiction, when there is no item listed on the agenda on that topic. The Council limits the total time to up to 30 minutes per meeting for General Public Comment. State law does not permit the Council to act on or discuss an item raised at that meeting in General Public Comment. Council members shall not enter into debate with speakers, but Council members may ask brief clarifying questions and may ask City staff to follow up on any concerns raised.
2) Public comment or public hearing portion of each agenda Item The Brown Act requires the opportunity for public comment on all listed agenda items, except ceremonial items, procedural items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and Council Member Questions, Comments and Announcements). Public comments or testimony must be related to the matter under consideration.
(c) Time Limits
1) Individual Speakers
The presiding officer may announce the time that each speaker may use. The Council generally allows 3 minutes per speaker, but a shorter time may be designated when there are many speakers, numerous items on the agenda, or items anticipated to be lengthy. For example, if there are fewer than 10 speakers, the presiding officer may allow speakers 3 Commented [GC2]: Staff investigated this and
found that it is possible to enable video for members
of the public. If the Council still desires to see this happen, it will require staff training for those running the back / virtual end of the meeting.

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minutes to speak. Or if there are more than 10 speakers, then the presiding officer may choose to reduce the time for each speaker.
2) Spokesperson for a Group
When a group of people wishes to address the Council on the same subject matter, they may designate a spokesperson to address the Council. Spokespersons are subject to the same time limits as other speakers, except that spokespersons who are representing a group of five or more people who have requested to speak and are verified as present in the Council Chambers or online will be allowed 10 minutes and will, to the extent practical, be called upon ahead of individual speakers. If the presiding officer reduces the speaking time for individual speakers, the total speaking time for a spokesperson will also be reduced as determined by the presiding officer.
(d) Gaining Permission to Speak
Any person who wants to make a spoken public comment on an item on the Council agenda can do so if they are attending either in person or virtually. If attending in person, members of the public should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff presentation. Members of the public participating virtually should use the “raise hand” function in the online meeting platform, or if participating via phone, hit *9 to notify the Clerk that they wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so that the speakers can be identified and organized in an orderly way.

The presiding officer will endeavor to identify in advance the time when public comment cards will no longer be accepted.
(e) Public Decorum During Meeting
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in order to assure a fair opportunity for everyone to participate in an open and civil setting. 1) No person, other than a Council member and the person having the floor, shall be permitted to speak without the permission of the presiding officer. 2) All remarks should be addressed to the Council as a body and not to any individual member or staff person.
3) No person, besides staff or the Council, shall enter the staff area of the Council dais without the permission of the presiding officer or appropriate Council Appointed Officer. 4) The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the conduct of a meeting; (2) Make threats against any person or against public order and security while in the Council Chambers; (3) Use the Council Chambers during meetings for any purpose other than participation in or observation of City Council Meetings.

Any Council Member may appeal the presiding officer’s decision on a decorum violation to the full Council.

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meeting. (PAMC sections 2.04.120, 2.04.150.)
(f) Record of Speakers
1) Persons wishing to address the Council within the meeting room, shall use the microphone provided for the public. All public speakers, whether in person or virtual participants shall speak in a recordable tone, either personally or with assistance, if necessary. 2) Speakers are requested to state their name but cannot be compelled to do so as a condition of addressing the Council.
(g) End of Public Comment After a Council Motion
Following the time for public input and once the matter is returned to the Council no person shall address the Council without first securing the permission of the presiding officer to do so, subject to approval of the City Attorney with respect to any hearing required by law. * * *
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail communications between Council members and staff on agenda-related items, including the following:

6.1 Submit Questions on Council Agenda Items Ahead of the Meeting In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council members are encouraged to submit their questions on agenda items to the City Manager or other appropriate Council Appointed Officer by 5:00 p.m. the Wednesday prior to the meeting so staff can be prepared to respond before or at the Council meeting. If a staff report is incomplete by 5:00 p.m. Thursday, there will be an extension to submit Council questions until 5:00 p.m. Friday. Council members are strongly discouraged from asking questions already addressed in the staff report.

6.2 City Council emails for Agenda-Related Items Procedure (a)Council members should direct any questions on staff reports and agenda items only to the City Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk should be directed to the appropriate Council Appointed Officer. (b)Council members should submit questions on agenda items no later than 5 p.m. on the Wednesday prior to the Council meeting at which the item will be discussed. Staff will make best reasonable efforts to post written responses to timely-submitted questions by Thursday 5 p.m.

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Any questions received after 5 p.m. on the Wednesday before the meeting may be responded to via e-mail, or alternatively, will be responded to at the Council meeting. (c)Staff will not engage in “dialogues” with individual Council members regarding questions; however, follow-up questions to initial questions will be responded to at the Council meeting. (d)Staff will give highest priority to responding prior to the Council meeting via e-mail only on items on the Consent Agenda. Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the meeting, although Staff welcomes such questions in advance of the meeting in order to prepare for the Council and public discussion. Technical and clarifying questions on non-Consent Calendar items will be responded to as time permits. (e)If the staff will be responding to a Council members Consent Agenda question at the meeting rather responding to the question via e-mail, Staff will inform the Council member as early as possible after receipt of the question(s).
(f)Questions and all staff-prepared responses will be forwarded to all Council members as well as posted online for public review of Council agenda questions and staff responses. Staff will include the name of the Council member posing the questions in the “subject” field of the e-mail response.
(g)Copies of all Council member agenda questions and staff responses will be emailed to the Council p and posted publicly on the meeting agenda. If staff responses are not released until the meeting date, they will be provided in printed form at the dais. * * *
SECTION 7 – COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIES (a) Council Values
In November 2022, the Council adopted a set of values as described here:

The Palo Alto City Council holds these values to help guide decisions that:
1) Balance revenues and expenses, now and in the future. 2) Are environmentally sustainable.
3) Integrate equity into our decisions, considering how decisions affect people differently based on their identity or circumstances.
4) Make decisions that create a healthy, safe and welcoming community for all. 5) Safeguard public trust through transparent practices and open communication. 6) Embrace innovation.

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(b) Annual Council Priorities
Priorities Background and Definition
The City Council adopted its first Council priorities in 1986. Each year the City Council reviews its priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the definition of a Council priority, and the Council’s process and guidelines for selection of priorities.

There is a goal of no more than three to four priorities per year and priorities generally have a two- to three-year time limit. Council can identify two to three specific objectives within a priority.

A Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. This varies from a Council value which is defined as an enduring goal and intention to guide the work of the City Council. The values (shared above) allow the City Council to maintain these enduring intentions while also selecting annual priorities that reflect shorter- term projects and goals.

Purpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize time for discussion and decision making.

Process
In advance of the annual Council Retreat, staff will solicit input from the City Council on the priorities to be reviewed and considered for the following year. 1) Council members may submit up to three priorities.
2) Priorities should be submitted no later than December 1. 3) As applicable, the City Manager will contact newly elected officials for their input by December 1.
4) The City Manager and the City Clerk will solicit for the public to share proposed priorities prior to the Council retreat. The Policy and Services Committee shall recommend to the Council which suggestions if any shall be considered at the City Council retreat. 5) Staff will collect and organize the recommended priorities into a list for Council consideration and provide to Council in the packet for the City Council retreat. 6) If needed, the Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat.
* * *
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SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT

8.1 Commit to Annual Review of Important Procedural Issues Once each legislative year, the Council will review the Procedures and Protocols Handbook. The Council will not politicize these procedural issues.

8.2 Enforcement
Council members have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council members, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council members entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary.

Under circumstances where Council members believe that actions by another Council member are inconsistent with this Handbook and require formal review and potentially action, a public discussion and censure are available steps for review and enforcement.

8.1. Annual Review and Update of the Handbook
Once each legislative year, the Policy and Services Committee shall initiate a review and update of the Procedures and Protocols Handbook and may make recommendations to Council. Council will review the Handbook and the recommendations of Policy and Services and approve updates as appropriate.

The Council will not politicize these procedural issues.

8.2. Commitment to Follow the Procedures and Protocols Handbook Councilmembers have the primary responsibility to assure that these procedures and protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the Council for Councilmembers, the procedures and protocols are intended to be self-enforcing. They are most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Councilmembers entering office shall sign a statement affirming they have read and understood the Council procedures and protocols.

8.3 Procedures for Enforcement
When a concern arises regarding a Councilmember’s conduct, the concerned Councilmember or members are encouraged, where possible, to raise and attempt to resolve the concern at the lowest possible level, such as through one-on-one direct conversations (consistent with the Brown Act) or through the Mayor.

Under circumstances where Councilmembers believe that actions by another Councilmember are inconsistent with federal, state or local law, this Handbook, or any other document adopted by the Council, and that those actions require formal review and potential Council response, a public discussion and potential Commented [GC3]: This is the proposed language
recommended by Policy and Services Committee in
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disciplinary action are available steps for review and enforcement. The following enforcement procedures are intended for serious or ongoing concerns that are not amenable to resolution through informal means. (a) Purpose. This policy provides the mechanism by which the City Council may adopt a resolution of censure or take other disciplinary action expressing the Council's disapproval of the conduct of a Council member if the Council finds, subject to the procedures set forth herein, that a Council member's conduct violates federal, state or local law, this Handbook, or any other document adopted by the Council.
(b) Types of Disciplinary Actions. This section refers to the following types of disciplinary actions:
(1) Admonition. An admonition is a warning or reminder. Council may direct an admonition to any or all members of the City Council, reminding them that a particular type of behavior is in violation of law or City policy, and that if it occurs or recurs, could make a member subject to a reprimand or censure. An admonition does not necessarily require an investigation or separate hearings to determine whether an allegation is true.

However, while an admonition may be issued by the City Council prior to a formal investigation or any findings of fact regarding allegations, a significant factual basis should exist before issuing an admonition. In general, Council will provide its members with an opportunity to respond to the alleged violation before taking any action, including issuing an admonition.
(2) Informal Reprimand and Direction to Correct. An informal reprimand is a reprimand directed to a Councilmember or members based on a particular action or set of actions that the Council determines violates law or City policy but is considered to be not sufficiently serious to require formal censure. The Council may include direction to the subject Councilmember or members to correct the particular behavior or the result of the behavior that violated law or City policy.
(3) Resolution of Censure. Censure is a formal statement of disapproval expressed through a resolution. Censure is the strongest sanction available to Council, and is typically reserved for serious or recurring conduct, such as conduct that has substantially disrupted Council’s work, brought approbation on the City, or damaged public trust in City government. A resolution of censure may include the imposition of sanctions against the Councilmember, as allowed by law. Such sanctions may include, for example, removal from a committee or restrictions on City-related travel privileges.
(c) Procedures. The following procedures are intended to guide Council to reach accurate and appropriate conclusions in an expeditious manner, while providing fairness and transparency for all Councilmembers and the public. Council will endeavor to adhere to these procedures, except where extraordinary circumstances require alternative steps be taken. In all cases, an opportunity to be heard will be afforded to any Councilmember who may be subject to informal reprimand or censure. (1) Should two or more Councilmembers believe that actions by a Councilmember are inconsistent with federal, state or local law, this Handbook, or any other document adopted by the Council, those Councilmembers may use a Colleagues Memo to schedule Item 22
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public discussion of the matter at an upcoming City Council meeting. A Colleagues Memo may initiate a discussion of Councilmember conduct and Council expectations, may propose that Council protocols be clarified or a new protocol be included in this Handbook, or may propose initiation of disciplinary action. Proposed disciplinary actions may include admonition, informal reprimand, direction to correct, and/or censure. (2) If a Colleagues Memo proposes discipline of a Councilmember, the Memo must contain the specific charges on which the proposed discipline is based. Completed Council Colleagues Memos shall be provided to the City Clerk’s staff by noon on the Thursday 11 days prior to the Council meeting that the memo is intended to be agendized, to provide time for the City Clerk to process for the Council packet. The City Clerk will provide a copy of the Colleagues Memo to the Councilmember who is the subject of the memo no later than the Thursday 11 days prior to the meeting at which the memo is agendized.
(3) The Councilmember who is the subject of the proposed disciplinary action may address the matter in writing or at the Council meeting or both. If the Councilmember submits written materials, those must be published in a supplemental packet, no later than 72 hours before the meeting.
(4) During the Council meeting at which the Colleagues Memo is agendized, the Council will decide, by majority vote, whether:
(i) A formal disciplinary hearing should be agendized for a future City Council meeting;
(ii) Further investigation of the allegations is required; (iii) Further investigation is not warranted and an admonition should be issued;
(iv) Council’s procedures and protocols should be clarified or a new procedure or protocol should be introduced; or
(v) No further action is necessary.
(5) If the Council determines that further investigation is required, the Mayor (or the Vice Mayor if the Mayor is the subject of the proposed disciplinary action) may designate an ad hoc committee to conduct the investigation. The Council or the ad hoc committee may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee or other official designated by Council. The ad hoc committee shall review the findings of the investigation and arrive at a recommendation to Council. The ad hoc committee should proceed as promptly as reasonably possible.
(6) Upon receipt of the report of the ad hoc committee, the City Clerk shall place the matter on the Council's next agenda in order for the Council to receive the committee report and determine appropriate next steps. If the Council decides to set the matter for censure hearing, it shall schedule the hearing as soon as possible but no sooner than three weeks after its determination to hear the matter. Council shall give due consideration to requests from the subject Councilmember for additional time to prepare. The Council Item 22
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shall not schedule the matter during any previously scheduled excused absence of the subject Councilmember.
(7) The Mayor (or the Vice Mayor if the Mayor is the subject of the proposed disciplinary action) will designate a Councilmember responsible for preparing and submitting to the City Clerk a censure resolution and supporting materials. Final materials shall be submitted to the Clerk by noon on the Thursday 11 days prior to the Council meeting that the hearing is intended to be agendized, to provide time for the City Clerk to process the materials for the Council packet.

The Councilmember assigned to prepare the materials will submit the draft resolution and supporting materials to the City Attorney’s Office no later than the Thursday 18 days before the hearing, to give the City Attorney’s Office adequate time to review the materials before publication. The City Clerk shall deliver written notice of the hearing, along with the report, proposed resolution, and supporting materials, to the Councilmember subject to the censure by close of business on the Thursday 11 days prior to the Council meeting for which the hearing is agendized.
(8) The Councilmember who is the subject of the proposed disciplinary action may address the matter in writing or at the hearing or both. If the Councilmember submits written materials, those must be submitted in time to be published in a supplemental packet no later than 72 hours before the hearing.
(9) At the disciplinary hearing, the Councilmember who is the subject of the request for disciplinary action shall have the opportunity to rebut the allegations in the censure resolution and to question any known complainants or witnesses if they agree to be questioned. The member subject to the charges may be represented and may have the representative speak or ask questions on their behalf. The questioning or cross-questioning of witnesses may be reasonably limited by the Mayor (or Vice Mayor if the Mayor is the subject of the proposed disciplinary action). Testimony shall be taken only from witnesses having direct knowledge of facts or circumstances relevant to the specific charges under consideration. However, the rules of evidence and judicial procedure applicable in courts of law shall not be apply to this hearing, and the procedures shall be generally informal. (d) Disciplinary Action. If, at the close of the hearing, a majority of the City Council finds that the subject member's conduct violates federal, state or local law, this Handbook, or any other document adopted by the Council, the Council may take one or more of the following actions:
(1) Issue an Admonition. An admonition may be directed to any or all members of the City Council, reminding them that a particular type of behavior is in violation of law or City policy.
(2) Issue an Informal Reprimand with possible Direction to Correct. An informal reprimand may be issued to a Councilmember or members based on a particular action or set of actions that the Council determines violates law or City policy but is considered to be not sufficiently serious to require formal censure. The Council may include direction to the subject Councilmember or members to correct the particular behavior or the result of the behavior that violated law or City policy.
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Council may adopt a resolution of censure based on clear and convincing facts supporting the allegations of misconduct giving rise to the censure. A resolution of censure may include the imposition of sanctions against the Councilmember as a majority of the City Council deems appropriate, as allowed by law. Such sanctions may include, for example, removal from a committee and/or restrictions on City-related travel privileges.

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PART II: CITY COUNCIL PROTOCOLS
The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation.

SECTION 1 – CITY COUNCIL CONDUCT

1.1 Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.

1.2 Comply with Law
Members shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of governments and City ordinances and policies.
(a) Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff.

1.3 City Council Core Responsibilities (exist. Protocol Sec. 1) All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes.

No Council Member has more power than any other Council Member, and all should be treated with equal respect.
(a) All Council Members:
1) Demonstrate honesty and integrity in every action and statement 2) Comply with both the letter and spirit of the laws and policies affecting the operation of government.
3) Serve as a model of leadership and civility to the community 4) Inspire public confidence in Palo Alto government
5) Work for the common good, not personal interest
6) Prepare in advance of Council meetings and be familiar with issues on the agenda 7) Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others Item 22
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8) Do not politicize procedural matters such as minutes approval or agenda order for strategic purposes
9) Participate in scheduled activities to increase Council effectiveness 10) Review Council procedures, such as these Council Protocols, at least annually 11) Represent the City at ceremonial functions at the request of the Mayor 12) Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations
13) Respect the proper roles of elected officials and City staff in ensuring open and effective government
14) Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town

1.4 General Member Conduct
Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues.
(a) Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff or the public. Rude and unprofessional behavior are also unacceptable. Council members are expected to share factual information during meetings and within the public domain and Council members should refrain from repeating false and misleading information. (b) In Public Meetings
1) Use Formal Titles
The Council should refer to one another formally during Council meetings as Mayor, Vice Mayor or Council Member followed by the individual’s last name. 2) Practice Civility and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions.
3) Honor the Role of the Presiding Officer in Maintaining Order and Equity Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the City Council Procedural Rules. 4) Demonstrate Effective Problem-Solving Approaches
Council members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

Council members are role models for residents, businesspeople and other stakeholders involved in public debate.

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5) Be Respectful of Other People's Time
Stay focused and act efficiently during public meetings. (c) In Private Encounters
1) Treat Others as You Would Like to be Treated
Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way.

1.5 Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

1.6 Advocacy
(a) Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any other board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
(b) Advocacy
Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do. (c) Council Voting Delegate Authority at Conferences / Annual Meetings The Council may authorize a Council member to act as the voting delegate at conferences or meetings of other bodies, including, but not limited to, the League of California Cities annual conference, National League of Cities conference, and the Association of Bay Area Governments (ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting delegate with specific direction on proposed resolutions and other matters. When provided specific direction, the voting delegate’s authority is limited to matters on which the Council has directed the delegate to vote. In the absence of explicit direction, when the Council member is aware of a prior position the Council has taken, the Council member will adopt that position. (d) Be Cautious in Representing City Positions on Issues Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents remember to indicate, if appropriate, that the views you state are your own and may not represent those of the full Council.

As a Council member, it is important to remember to indicate when the views you state are your own versus views which represent those of the full Council. This is relevant whether sending Item 22
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correspondence related to a legislative position or corresponding with constituents or representatives of other governmental agencies or organizations.

Council Members appointed to regional boards, commissions, or agencies shall stay informed of any positions adopted by Council relevant to the jurisdiction of the Board and shall consider such positions along with other pertinent information in carrying out their duties on the regional body.

In the case where a Council member is speaking publicly on an issue on which Council has taken a position, and that Council member also serves on a regional body that has also taken a position, , the Council member should clearly state whether they are speaking on behalf of the City or the regional body.
(e) Use of City Letterhead
Official Mayor/City Council letterhead should only be used for correspondence signed by the Mayor or City Council members when specifically directed by the Council or consistent with prior City Council direction. This applies to the use of any stationery that could be interpreted as official letterhead.

1.7 Council Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. (a) Treat All Staff as Professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff.
(b) Channel Communications through the Appropriate Senior City Staff Questions of City staff should be directed only to the City Manager, Assistant City Manager, City Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on any request to Department Heads. Council members should not set up meetings with department staff directly, but work through Department Heads, who will attend any meetings with Council members. When in doubt about what staff contact is appropriate, Council members should ask the City Manager for direction. However, nothing in these protocols is intended to hinder the access Council-appointed liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities.
(c) In order to Facilitate Open Government, All Council Members Should Make Decisions with the Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative Agenda or in a Council Committee)
(d) Never Publicly Criticize an Individual Employee, Including Council Appointed Officers.

Criticism is differentiated from questioning Facts or the opinion of staff. All critical comments about staff performance should only be made to the City Manager through private correspondence or Item 22
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conversation. Comments about staff in the office of the City Attorney, City Auditor or City Clerk should be made directly to these CAOs through private correspondence or conversation. (e) Do Not Attend Staff Meetings Unless Requested by Staff Even if the Council member does not say anything, the Council member’s presence may imply support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively. (f) Depend upon the Staff to Respond to Citizen Concerns and Complaints It is the role of Council members to pass on concerns and complaints on behalf of their constituents.

It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol on channeling communications. The senior staff member should respond according to the Policy and Procedure for Responding to Customer Complaints. Senior staff is responsible for making sure the Council Member knows how the complaint was resolved.
(g) Do not Solicit Political Support from Staff
The City Charter states that “Neither the city manager or any other person in the employment of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Council members shall refrain from coercing staff in making recommendations to the Council as a whole. (h) Use of Public Resources
Council members shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.

1.8 Use of Staff Time
(a) Do Not Get Involved in Administrative Functions
The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal Code:
“Neither the council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent the city manager from exercising individual judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately.” (b) Respect the “One Hour” Rule for Staff Work
Requests for staff support should be made to the appropriate senior staff member, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once Item 22
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notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda. The 1-hour rule applies to all Council members equally. * * *
SECTION 2 - CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS The City has established several Boards and Commissions as a means of gathering more community input.

Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. Council members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the full Council on matters for which the full council has not yet taken a policy position. In other instances, Council members may attend Board or Commission meetings as individuals, and should follow these protocols:

2.1 If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions.

Council members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission should make a point to clearly state it is an individual opinion and not a representation of the feelings of the entire City Council.

2.2 Refrain from Lobbying Board and Commission Members
It is inappropriate for a Council member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council members to contact Board or Commission members in order to clarify a position taken by the Board or Commission. It is inappropriate for a Council member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council members to contact Board or Commission members in order to better understand a position taken by the Board or Commission or the status of an ongoing matter.

2.3 Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members
The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council members should not feel they have the power or right to unduly influence Board and Commission members. A Board and Commission appointment should not be used as a political reward.

2.4 Concerns about an Individual Board or Commission Member Should be Pursued with Tact Commented [GC4]: P&S unanimous approval on
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If a Council member has concerns with a particular Board or Commission member fulfilling his or her roles and responsibilities and is comfortable in talking with that individual privately, the Council member should do so. If needed, the Councilmember may involve a Chair of a commission or the liaison to the commission if there is one. Alternatively, or if the problem is not resolved, the Council Mmember should consult with the Mayor, who may address the issue to the Council as appropriate.

2.5 Be Respectful of Diverse Opinions
A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council members may have a closer working relationship with some individuals serving on Boards and Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions.

2.6 Keep Political Support Away from Public Forums
Board and Commission members may offer political support to a Council member, but not in a public forum while conducting official duties. Conversely, Council members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council member.

2.7 Maintain an Active Liaison Relationship
Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission.

2.8 Role of Council Liaison to Board or Commission
The role of Council liaison to a Board or Commission is to share prior Council discussions and actions on issues as applicable and assist the Board or Commission in understanding likely Council perspectives on issues as well as how the Board or Commission might support Council decision- making. The role of Council liaison to a Board or Commission is to be a point of contact with Council and a resource to the Board and Commission, as well as to share prior Council discussions and actions on issues as applicable, and assist the Board or Commission in understanding how it might inform Council decision-making. The liaison is expected to attend Board or Commission meetings as requested by the body.
* * *
SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL

3.1 Respond to Council Questions as Fully and as Expeditiously as is Practical The protocol for staff time devoted to research and response is in application here. If a Council Member forwards a complaint or service request to a department head or a Council Appointed Officer, there shall be follow-through with the Council Member as to the outcome.

3.2 Respect the Role of Council Members as Policy Makers for the City Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft Commented [GC5]: P&S unanimous approval on
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recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives

3.3 Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings

3.4 It is Important for the Staff to Demonstrate Respect for the Council at all Times All Council members Should be Treated Equally
* * *
SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND

MISCELLANEOUS EXPENSE REIMBURSEMENT

4.1 Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional expenses of these offices.

4.2 Miscellaneous Expenditures
(a) Expenditure of City Council Contingency Funds
Requests for expenditure of Council Contingency Funds up to $10,000 should be made to the Mayor and Vice Mayor. Where the Mayor and Vice Mayor agree with the request, it will be announced during Council Member Questions, Comments and Announcements. The expenditure will be considered approved unless two or more Council members request additional information or discussion, in which case the expenditure will be agendized at a future meeting. Expenditures over $10,000 require action by Council motions, which shall be by Colleagues Memo placed on Consent, or as part of an agendized item.
(b) City Purchase of Tickets or Sponsorship of Non-Profit Organization Events The City Manager may purchase tickets or sponsor events by non-profit organizations, subject to budget availability, under any of the following circumstances:
1) where the event serves a City educational purpose,
2) recognition for work done by staff (not including elected or appointed officials), or 3) expending budget allocations specifically intended for event attendance. (c) Expenditure for Annual Holiday Event
Expenditures of up to $1,500 from the Council Special Events budget may be directed to be expended from an annual holiday celebration, subject to budget availability for attendance by Council members, executive leadership staff, and community leaders. Event details will be coordinated by the Mayor and facilitated by staff.

4.3 Council and Boards and Commission Travel Policy
Council member travel expenses and reimbursements will adhere to the Citywide Travel Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD) Item 22
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This The following additional policy is set by the City Council and applies to Council members and to Board and Commissions members. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in accordance with the Charter and Municipal Code, such expenditures must be from authorized appropriations. Council members are limited to six (6) times per year for travel reimbursements, subject to budget availability. Council member travel will be approved by the Mayor. (a) Travel Related to Sister Cities, Sibling City, or shared interests with another city abroad 1) Given the City’s relationship with many Sister Cities and a Sibling City, there may be a need to send a Palo Alto delegation to another city abroad or within the United States related to Sister Cities, Sibling City, or shared interests between Palo Alto and another city abroad. The following will apply when a Council member travels abroad or domestically on behalf of the City as part of Sister City, Sibling City, or shared interests efforts. Note, such a trip would count towards the six (6) total tips cap described above.

The proposed travel must include an approved Pre-Travel Authorization Request for travel that explains how the travel will advance the City's interests or policy/Council objectives and a consideration of the cost/value relationship of the trip. The request should also explain why virtual attendance is not effective in that circumstance. The Council will be responsible for ensuring that visits to any individual city will be reasonably spaced apart. The Pre-Travel Authorization Request will be approved by the Mayor. If the Mayor is the requested traveler, the request will be approved by the Vice Mayor.
2) Annually, the total amount the City Council will budget for international and domestic travel related to Sister Cities, Sibling City, or shared interests between Palo Alto and another city abroad will be capped at $40,000 with reasonable annual adjustments beyond 2024 to account for inflation. This funding will be distributed equitably amongst Council members who meet the guidelines above and express an interest to travel. (b) Support Services
The City Clerk’s Office makes travel arrangements for Council members. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials.
(c) Activities Not Considered Reimbursable
1) Voluntary attendance at any conference or meeting, not representing the City.

A) Meetings of social or service organizations.
2) Meetings of voter groups or with individual citizens concerned with agenda items. 3) Election campaign activities.
4) Alcohol and entertainment expenses.

Commented [GC6]: Section approved by P&S on
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5)Personal portion of the trip and other non-mileage automobile expenses. (d) Reports to Council
Council members and officials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors. (e) Violation of This Policy
Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following:
1) Loss of reimbursement privileges
2) A demand for restitution to the City
3) The City reporting the expenses as income to the elected or appointed Official to state and federal tax authorities
4) Civil penalties of up to $1000 per day and three times the value of the resources used 5) Prosecution for misuse of public resources
* * *
SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. There are many State laws regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised of and comply with State law on these topics.

Resource Links to be added here.

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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Planning and Development Services
Meeting Date: December 18, 2023
Report #:2311-2262
TITLE
Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 3 of CY 2023)

RECOMMENDATION
This is an informational report, and no action is required.

BACKGROUND/ANALYSIS
This report transmits information related to application activity for accessory dwelling units (ADU), including junior accessory dwelling units (JADU) for Calendar Year (CY) 2023. Since 2015, the City has received 637 ADU/JADU building permit applications and issued 463 permits. Based on the first through third quarters of 2023, staff anticipates a slight reduction in application submittals compared to the prior year 2022. Beginning in the Q3 of CY 2023, the City has started receiving applications for ADUs located on the second story of existing single-family residences as well as two-story ADUs that are exempted from the City’s Individual Review program due to changes in state law.

As it relates to the Housing Element, the data continues to support the anticipated housing unit production expected from ADU/JADUs for the current housing element cycle. In the first three quarters of 2023, the ADU sizes range from 159 to 999 square feet, with an average size of 570 square feet. Approximately 44% of applications are located north of Oregon Expressway and 56% south of Oregon Expressway. Further details can be found in Table 1 of Attachment A.

FISCAL/RESOURCE IMPACT
This informational report has no fiscal impact.

ENVIRONMENTAL REVIEW
Exempt from environmental review under Section 15061 of the CEQA Guidelines.

ATTACHMENTS
Attachment A: ADUs Quarter 3 of CY2023
APPROVED BY:

Jonathan Lait, Planning and Development Services Director Item 23
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Table 1: Summary of ADU Permits from Calendar Year 2015-2023 Category 2015 2016 2017 2018 2019 2020 2021 2022 2023 (Q1-Q3) New ADU Applications
Filed1 10 9 28 55 75 78 136 151 95
Permits: Ready to Issue
(City Approved)2 8 5 12 39 62 46 112 127 100
Permits: Issued (Permit
Obtained)3 8 5 12 36 62 43 89 120

89 Permits: Final
Inspection Approved4 3 4 9 12 33 46 37 62 79
Permits Expired 1 1 2

Detached ADUs
(Submitted)5 20 35 52 52 80 80 43
Detached ADUs
(Issued)5 8 24 41 33 55 64 40

Attached ADUs
(Submitted)6 8 20 23 20 56 44 28
Attached ADUs
(Issued)6 4 11 21 9 34 32 29

Junior ADUs
(Submitted)7 1 1 1 25 27 24
Junior ADUs (Issued)7 1 1 1 9 24 20

Average Application
Processing Time (Days
Including Weekends)8
127 214 118 183 135 197 162 193 215
Average Construction
Time (Days Including
Weekends)9
578 751 330 287 173 262 455 431 474
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Category 2015 2016 2017 2018 2019 2020 2021 2022 2023
City Impact Fees
Collected for New
ADUs10
$451,514 $402,012 $198,962 $44,057 $139,592 $540,453

$264,712

ADU Size Smallest 150 SF 159 SF 220 SF 208 SF 178 SF 192 SF 159 SF ADU Size Largest 900 SF 900 SF 1,031 SF 1,000
SF 1,218 SF 2,217 SF 999 SF
Average ADU Size 470 SF 469 SF 383 SF 518 SF 550 SF 589 SF 570 SF

ADU Location
Relative to
Oregon
Expressway
North 46% 49% 52% 55% 49% 52% 44%
South 54% 51% 48% 45% 51% 48% 56%
Source: City of Palo Alto Accela Data January 2015 through June 2023 Notes:

1. Any ADU/JADU Application SUBMITTED for the year

2. Any ADU/JADU application Permit 'READY TO Issue' for the year (regardless of when it was submitted)

3. Any ADU/JADU Permit ISSUED for the year (regardless of when it was submitted)

4. Any ADU/JADU Permit receiving a Final Inspection (Ready to Occupy) for the year, regardless of when the application wassubmitted. Years 2015-2017 data point not available.

5. Any Detached ADU Permit Application submitted for the year/Any Detached ADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available.

6. Any Attached ADU Permit Application submitted for the year/Any Attached ADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available.

7. Any JADU Permit Application submitted for the year/Any JADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available.

8. Average number of days from permit application submittal to when permit is approved and ready to issue. This average includes weekends and days application is pending due to applicant preparation of resubmittal or additional information from applicant.

9. Average number of days from permit issued to final inspection completed. This average includes weekends and days staff is waiting for applicant to schedule the next required inspection; it also includes time related to the construction of a primary residence when the J/ADU is built at the same time.

10. Impact Fees collected for ADU’s permitted for the year. Years 2015-2016 data point not available.

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ADUs/JADUs Submitted in Q1 of 2023 New Construction Conversion Type of Conversion

# of
apps
Dwelling
Type
Project
Location
Zoning
District Date Filed Application
Status Attached Detached Attached Detached Garage
Other
Accessory
Structure/Space
# of
Bedrooms
ADU
Size
1 JADU NORTH R-1
01/25/2023
Pending
Resubmittal x x 1 281
2 ADU NORTH R-1
(10000)

02/09/2023
Pending
Resubmittal x 1 810
3 ADU SOUTH R-1
(8000)(S)

01/03/2023
In Plan
Check x x 1 325
4 ADU SOUTH R-1
03/07/2023 Incomplete x 2 748
5 JADU SOUTH R-1
03/15/2023
Pending
Resubmittal x 1 499
6 ADU SOUTH R-1
02/15/2023
Pending
Resubmittal x 1 440
7 ADU SOUTH R-1
03/23/2023
Pending
Resubmittal x 1 797
8 ADU SOUTH R-1
03/09/2023
Pending
Resubmittal x x 1 391
9 ADU NORTH R-1
01/10/2023 Incomplete x 1 538
10 JADU SOUTH R-1
02/02/2023
Pending
Resubmittal x x 1 358
11 ADU SOUTH R-1
01/10/2023
In Plan
Check x 2 800
12 JADU NORTH RMD
(NP)

01/11/2023
Pending
Resubmittal x x 0 284
13 ADU NORTH RMD
(NP)

01/11/2023
Pending
Resubmittal x x 2 836
14 ADU SOUTH R1-
(8000)(S)

01/11/2023
Pending
Resubmittal x 1 471
15 JADU SOUTH R-1
(10000)

03/28/2023
Pending
Resubmittal x 1 500
16 ADU SOUTH R-1
(10000)

03/28/2023
Pending
Resubmittal x 1 921
17 ADU SOUTH R-1
02/06/2023
Pending
Resubmittal x 1 480
18 JADU SOUTH R-1
(10000)

03/29/2023
Pending
Resubmittal x 1 495
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19 ADU NORTH R-1
(10000)

01/23/2023
Pending
Resubmittal x x 1 523
20 JADU NORTH R-1
03/17/2023
Pending
Resubmittal x 0 401
21 JADU SOUTH R-1
02/13/2023
Pending
Resubmittal x 1 479
22 JADU SOUTH R-1
(8000)

03/16/2023
Pending
Resubmittal x 1 534
23 ADU SOUTH R-1
02/16/2023
In Plan
Check x x 1 264
24 ADU SOUTH R-1
(8000)

03/09/2023
Pending
Resubmittal x 2 750
25 ADU NORTH RM-30
03/10/2023
Pending
Resubmittal x 0 315
26 ADU SOUTH R-1
02/02/2023
Pending
Resubmittal x 1 307
27 ADU NORTH RM-30
03/06/2023
Pending
Resubmittal x 2 818
28 JADU SOUTH R-1
03/10/2023
In Plan
Check x x 1 360
29 ADU SOUTH R-1
(10000)

01/30/2023
Pending
Resubmittal x x 1 810

ADUs/JADUs Submitted in Q2 of 2023 New Construction Conversion Type of Conversion

# of
apps
Dwelling
Type
Project
Location
Zoning
District Date Filed Application
Status Attached Detached Attached Detached Garage
Other Acc.

Structure or
Space
# of
Bedrooms
ADU
Size
1 JADU South R-1
04/25/2023
Pending
Resubmittal x 1 497
2 JADU North R-1
04/11/2023
Pending
Resubmittal x 0 236
3 JADU South R-1
(8000)

04/20/2023
Pending
Resubmittal x 1 500
4 JADU North R-1
05/02/2023 Incomplete x x 1 230
5 JADU South R-1
(8000)

05/12/2023
In Plan
Check x x 1 492
6 JADU North R-1
05/24/2023
Pending
Resubmittal x 1 499
7 JADU North R-1
06/08/2023
Pending
Resubmittal x x 1 367
Item 23
Attachment A - ADUs Quarter 3 of
CY2023

Item 23: Staff Report
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8 JADU South RM-15
06/19/2023
Pending
Resubmittal x 1 500
9 JADU North R-1
06/27/2023
Pending
Resubmittal x 1 498
10 ADU North R-1 (S)
06/29/2023
Pending
Resubmittal x 2 609
11 ADU South R-1
(10000)

06/20/2023
Pending
Resubmittal x 1 794
12 ADU South R-1
06/20/2023
Pending
Resubmittal x 1 750
13 ADU North RM-15
06/09/2023
Pending
Resubmittal x x 3 998
14 ADU North R-1
06/12/2023
Pending
Resubmittal x x 1 640
15 ADU North R-1
06/15/2023
Permit
Issued x 1 159
16 ADU South R1
05/25/2023
Pending
Resubmittal x 1 795
17 ADU South RE
06/01/2023
Pending
Resubmittal x 2 982
18 ADU South R-1
06/02/2023
Pending
Resubmittal x 1 615
19 ADU North R-1
06/05/2023
In Plan
Check x 1 749
20 ADU North R-1
06/05/2023
Pending
Resubmittal x 1 726
21 ADU North RMD
(NP)

06/06/2023
Pending
Resubmittal x 2 808
22 ADU North R-1
06/07/2023
Pending
Resubmittal x 1 999
23 ADU South OS
05/17/2023
Pending
Resubmittal x x 1 584
24 ADU North R-1
05/18/2023
Pending
Resubmittal x 2 799
25 ADU South R-1
05/02/2023
Pending
Resubmittal x x 0 339
26 ADU North R-1
05/10/2023 Incomplete x 1 845
27 ADU North R-1
04/27/2023
Permit
Issued x x 1 564
28 ADU North R-1
(10000)

04/28/2023
Pending
Resubmittal x 1 578
Item 23
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CY2023

Item 23: Staff Report
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29 ADU South R-1
04/20/2023
Pending
Resubmittal x x 0 324
30 ADU North R-1
04/27/2023
Permit
Issued x 2 800
31 ADU North R-1
04/03/2023
Pending
Resubmittal x x 1 252
32 ADU South R-1
04/07/2023
Pending
Resubmittal x 1 498
33 ADU North R-1
04/10/2023
Permit
Issued x x 0 400
34 ADU North R-1
(10000)

04/17/2023 Submitted x 0 797

ADUs/JADUs Submitted in Q3 of 2023 New Construction Conversion Type of Conversion

# of
apps
Dwelling
Type
Project
Location
Zoning
District Date Filed Application
Status Attached Detached Attached Detached Garage
Other Acc.

Structure or
Space
# of
Bedrooms
ADU
Size
1 JADU SOUTH R-1
(8000)

07/06/2023
Pending
Resubmittal x 1 496
2 JADU NORTH R-1
07/27/2023
Pending
Resubmittal x 1 498
3 JADU SOUTH R-1
08/24/2023
Pending
Resubmittal x 1 388
4 JADU NORTH RMD
(NP)

08/01/2023
Pending
Resubmittal x 1 385
5 JADU NORTH R-1
08/09/2023
Pending
Resubmittal x 1 495
6 JADU SOUTH R-1
08/10/2023
Pending
Resubmittal x 1 416
7 ADU SOUTH R-1
08/21/2023
Pending
Resubmittal x x 1 402
8 ADU NORTH RMD
(NP)

08/01/2023
Pending
Resubmittal x 1 378
9 ADU SOUTH R-1
08/07/2023
Pending
Resubmittal x 1 778
10 ADU NORTH R-1
08/09/2023
Pending
Resubmittal x x 2 642
11 ADU NORTH R-1
08/25/2023
Pending
Resubmittal x 2 869
12 ADU NORTH R-1
08/29/2023
Pending
Resubmittal x 1 749
Item 23
Attachment A - ADUs Quarter 3 of
CY2023

Item 23: Staff Report
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13 ADU SOUTH R-1
(8000) 08/30/2023
Pending
Resubmittal x 2 973
14 ADU SOUTH R-1 09/12/2023
Pending
Resubmittal x x 1 333
15 ADU NORTH R-1 09/12/2023
Pending
Resubmittal x 1 366
16 ADU SOUTH R-1 09/13/2023
Pending
Resubmittal x x 1 335
17 ADU SOUTH R-1 09/13/2023
Pending
Resubmittal x 1 456
18 ADU SOUTH R-1 09/14/2023
Pending
Resubmittal x x 1 499
19 ADU SOUTH R-1 09/14/2023
Pending
Resubmittal x x 1 499
20 ADU SOUTH R-1
(8000) 09/14/2023
Pending
Resubmittal x 2 749
21 ADU SOUTH R-1 09/21/2023
Pending
Resubmittal x x 1 590
22 ADU SOUTH R-1
(7000) 09/29/2023
In Plan
Check x 2 750
23 ADU SOUTH 07/27/2023
Pending
Resubmittal x 1 672
24 ADU NORTH R-2 07/05/2023
In Plan
Check x 1 677
25 ADU SOUTH R-1 07/11/2023
Pending
Resubmittal x x 1 600
26 ADU SOUTH R-1 07/11/2023
In Plan
Check x 1 748
27 ADU SOUTH R-1 (S) 07/12/2023
Pending
Resubmittal x x 1 467
28 ADU NORTH R-
1(10000) 07/13/2023
Pending
Resubmittal x 1 789
29 ADU SOUTH R-1
(8000)(S) 07/18/2023
Pending
Resubmittal x 2 275
30 ADU NORTH R-1 07/21/2023
Pending
Resubmittal x x 1 308
31 ADU SOUTH R-1
(10000) 07/25/2023
Pending
Resubmittal x 1 826
32 ADU NORTH RE 07/27/2023 Submitted x 2 997
R-1
Item 23
Attachment A - ADUs Quarter 3 of
CY2023

Item 23: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Office of Emergency Services
Meeting Date: December 18, 2023
Report #:2311-2266
TITLE
Local Hazard Mitigation Plan Update

RECOMMENDATION
This is an Informational Report on the City of Palo Alto Local Hazard Mitigation Plan (LHMP) annual update for July 1, 2022 through October 1, 2023; no action is needed by the City Council

BACKGROUND
The Federal Disaster Mitigation Act of 2000 (DMA) requires all cities, counties, and special districts to adopt a Local Hazard Mitigation Plan (LHMP) as a best practice to identify natural hazards and develop mitigation strategies to reduce risk to the community. An adopted LHMP also allows a jurisdiction to receive disaster mitigation funding from the Federal Emergency Management Agency (FEMA). The DMA provides that a local agency may adopt a Local Hazard Mitigation Plan or participate in the preparation of and adopt a Multi-Jurisdictional Hazard Mitigation Plan.

Between 2016 and 2017, the City of Palo Alto participated in the Santa Clara County multi- jurisdictional planning process resulting in a Countywide Local Hazards Mitigation Plan (LHMP).

The County contracted with TetraTech, Inc, a provider of emergency management consulting services, to facilitate the development of the County-wide plan. This multi-jurisdictional plan was approved by the State of California and FEMA; the Palo Alto Annex to this plan was adopted by the City Council on October 16, 20171.

The County Plan may be found here –
October 16, 2017, 1 City Council, Item #6:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=1927&compileOutputType= 1 Item 24
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•Volume 1:
https://emergencymanagement.sccgov.org/sites/g/files/exjcpb261/files/For%20Partner s/Local-Hazard-Mitigation-Plan-LHMP-Vol-1.pdf
•Volume 2:
https://emergencymanagement.sccgov.org/sites/g/files/exjcpb261/files/For%20Partner s/Local-Hazard-Mitigation-Plan-LHMP-Vol-2.pdf
The Palo Alto specific plan and planning process may be found at the following weblink:
https://www.cityofpaloalto.org/lhmp Prior to this, the City of Palo Alto published Local Hazard Mitigation Plans in conjunction with the Santa Clara County’s Office of Emergency Management in 2005 and 2012.

The Local Hazard Mitigation Plan is a companion document to the City’s Threats and Hazards Identification and Risk Assessment (THIRA) plan that describes not only natural hazards but also technological and Intentional hazards that pose a risk to our community.

ANALYSIS
One component of the plan maintenance cycle is an annual progress review of each mitigation project in the LHMP. OES leads this annual review by soliciting updates from each department that has responsibility for one or more projects and develops the final annual report. OES maintains project status in a mitigation planning database provided by TetraTech as part of their contract with the County.

The Palo Alto portion of the Santa Clara County Operational Area Hazard Mitigation Plan has targeted 38 hazard mitigation actions to be pursued during the 5-year performance period. As of this reporting period, this plan is considered to be 47% complete (including complete and ongoing projects); the following overall progress can be reported:
•11 out of 38 initiatives (29%) have been completed.
•11 out of 38 initiatives (29%) indicated work is conducted as an ongoing capability. •11 out of 38 initiatives (29%) reported progress toward completion. •5 out of 38 initiatives (16%) reported no progress.

All of these 38 mitigation actions remain part of staff’s LHMP priorities, however, acknowledge that during this five-year cycle progress has been impacted by unexpected circumstance such as COVID-19 which impacted focus on implementation county wide. The LHMP five-year cycle formally ended on December 19, 2022, requiring the City of Palo Alto to provide a formal update to this plan. This update cycle timing is driven by Santa Clara County, which is why this update is being reported now. Between 2022 and 2023, the Santa Clara County Office of Emergency Management conducted a Multijurisdictional Hazard Mitigation Plan (MJHMP) process among cities and special districts within the county, of which the City of Palo Alto was a participant. Staff worked with County representatives and their contractor to provide the Item 24
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appropriate inputs as required by federal guidance. The County submitted the MJHMP to the State of California Office of Emergency Services for a state level review. Following this state review, Cal OES will submit the plan to FEMA for federal review. Once approved by FEMA, we will request that the City Local Hazard Mitigation Plan, as an annex to the County plan, be adopted by City Council.

FISCAL/RESOURCE IMPACT
This report is an informational item; no associated fiscal or resource impact; however, staff resources are required to support review, updates, and implementation of actions in the plan.

STAKEHOLDER ENGAGEMENT
Stakeholder engagement was conducted by Santa Clara County. The County and their contractor held community meetings, public surveys, and other such outreach efforts.

ENVIRONMENTAL REVIEW
This report is for informational purposes only with no action required by the Council and is therefore not a project subject to CEQA review.

ATTACHMENTS
Attachment A: Hazard Mitigation Plan Progress Report for the July 1, 2022 to October 1, 2023 Reporting Period
APPROVED BY:

Chief Kenneth Dueker, Director Office of Emergency Services Item 24
Item 24 Staff Report

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CITY OF PALO ALTO

HAZARD MITIGATION PLAN

PROGRESS REPORT
Reporting Period
The reporting period for this progress report is 07-01-2022 through 10-01-2023.

Background
This is an annual update of the City of Palo Alto Local Hazard Mitigation Plan. This update also meets annual certification requirements for Palo Alto’s floodplain management and Community Rating System (CRS) program.

The City of Palo Alto, as part of the Santa Clara County multijurisdictional planning process (including participating local cities and special districts), developed a hazard mitigation plan in 2017 to reduce risk from all hazards by identifying resources, information, and strategies for risk reduction. The Federal Disaster Mitigation Act of 2000 requires state and local governments to develop hazard mitigation plans as a condition for federal disaster grant assistance. To prepare the plan, the participating planning partners organized resources, assessed risks from natural hazards, developed planning goals and objectives, reviewed mitigation alternatives, and developed an action plan to address probable impacts from natural hazards. By completing this process, these jurisdictions maintained compliance with the Disaster Mitigation Act, achieving eligibility for mitigation grant funding opportunities afforded under the Robert T. Stafford Act. Volume I of the County plan provides the analysis of natural hazards for the Operational Area. It provides the content that informs the Palo Alto LHMP. Volume 1 can be viewed on-line at
https://emergencymanagement.sccgov.org/sites/g/files/exjcpb261/files/For%20Partners/Local-Hazard- Mitigation-Plan-LHMP-Vol-1.pdf.

The Palo Alto LHMP, which articulates our local natural hazards and mitigation activities can be viewed online at
https://www.cityofpaloalto.org/Departments/Emergency-Services/Plans-and-Information/Local-Hazard- Mitigation-Plan
Purpose
The purpose of this information report is to provide an update on the implementation of the mitigation initiatives identified in the Santa Clara County Operational Area Hazard Mitigation Plan, 2017. The Item 24
Attachment A - Hazard
Mitigation Plan Progress
Report for the July 1,
2022 to October 1, 2023
Reporting Period

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Palo Alto City CouncilDecember 18, 2023

Palo Alto City Council
December 18, 2023