CITY COUNCIL
Regular Meeting
Monday, January 13, 2025
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 6:00 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:00 ‐ 6:05 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:05 ‐ 6:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from December 9, 2024 and December 16, 2024 Meetings
2. Approval of recommendations on process for the priority setting 2025 Council Annual Retreat as recommended by the Policy & Services Committee
3. Review and Acceptance of Annual Report on Development Impact Fees for Fiscal Year 2024 and Adoption of a Resolution Making Statutory Findings for all Development Impact and In‐Lieu Fee Funds; CEQA status ‐ Not a Project.
4. Adoption of a Resolution Extending the City Manager’s Authority to Execute Transactions Under Master Renewable Energy Certificate Agreements with Pre‐Qualified Suppliers in an Amount Not‐to‐Exceed $5,000,000 per Year During Calendar Years 2025‐2030; CEQA Status: Not a project
5. Approval of Contract Amendment #5 to Contract C17164727 with Professional Account Management, LLC, dba Duncan Solutions, for Parking Enforcement in the Amount of $132,000 to extend the term for one additional year; CEQA Status ‐ Not a Project
6. Approval of Contract Amendment Number 2 to Contract Number C23183770 with Townsend Public Affairs, Inc. to Extend Term for an Additional Year of Service (the second of four (4) annual options to renew) for State and Federal Legislative Advocacy and Grant Consulting and Compliance Services; CEQA Status ‐ Not a Project
7. Retail Committee Recommendation to: (1) Revise the Fiscal Year 2025 Budget Appropriation at Mid‐Year to Enhance Cleanliness Efforts in Both Downtowns; (2) Revise the Ongoing Parklet Regulations to Require Consent to Expand Beyond Own Frontage; and (3) Refer Staff to Follow‐up on Revising the Temporary Use Zoning Rules and Exploring Improvements to Downtown Infrastructure and Experience
8. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly (FIRST READING: December 2, 2024 PASSED 7‐0)
9. SECOND READING: Adoption of an Ordinance Approving a Plan for Park Improvements at the City’s Baylands for Santa Clara Valley Water District's Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic: Retrofit and Rehabilitation Project; Approval of Addendum to the Mitigated Negative Declaration for the Project Prepared by Santa Clara Valley Water District (SCH # 2020090237). (FIRST READING: December 9, 2024 PASSED 7‐ 0)
10. SECOND READING: Adoption of Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws (FIRST READING: December 16, 2024 PASSED 7‐ 0)
CITY MANAGER COMMENTS (6:10 ‐ 6:25 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 11: 6:40 ‐ 7:40 PM, Item 12: 7:40 ‐ 8:40 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Discussion regarding State and Federal Legislative Advocacy and Adoption of the Policy and Services Committee Recommendations on the 2025 State and Federal Legislative Guidelines.
12. Review and Accept the FY 2026‐FY 2035 Long Range Financial Forecast (LRFF) and FY 2026 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 3 (July ‐ September 2024) Report
14. Update on Palo Alto Homekey (Interim Housing Shelter at 1237 San Antonio Road)
15. Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
SUPPLEMENTAL / AMENDED AGENDA ITEMS
15. SUPPLEMENTAL REPORT: Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments.
1 January 13, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, January 13, 2025
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 6:00 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:00 ‐ 6:05 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:05 ‐ 6:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from December 9, 2024 and December 16, 2024 Meetings
2. Approval of recommendations on process for the priority setting 2025 Council Annual Retreat as recommended by the Policy & Services Committee
3. Review and Acceptance of Annual Report on Development Impact Fees for Fiscal Year 2024 and Adoption of a Resolution Making Statutory Findings for all Development Impact and In‐Lieu Fee Funds; CEQA status ‐ Not a Project.
4. Adoption of a Resolution Extending the City Manager’s Authority to Execute Transactions Under Master Renewable Energy Certificate Agreements with Pre‐Qualified Suppliers in an Amount Not‐to‐Exceed $5,000,000 per Year During Calendar Years 2025‐2030; CEQA Status: Not a project
5. Approval of Contract Amendment #5 to Contract C17164727 with Professional Account Management, LLC, dba Duncan Solutions, for Parking Enforcement in the Amount of $132,000 to extend the term for one additional year; CEQA Status ‐ Not a Project
6. Approval of Contract Amendment Number 2 to Contract Number C23183770 with Townsend Public Affairs, Inc. to Extend Term for an Additional Year of Service (the second of four (4) annual options to renew) for State and Federal Legislative Advocacy and Grant Consulting and Compliance Services; CEQA Status ‐ Not a Project
7. Retail Committee Recommendation to: (1) Revise the Fiscal Year 2025 Budget Appropriation at Mid‐Year to Enhance Cleanliness Efforts in Both Downtowns; (2) Revise the Ongoing Parklet Regulations to Require Consent to Expand Beyond Own Frontage; and (3) Refer Staff to Follow‐up on Revising the Temporary Use Zoning Rules and Exploring Improvements to Downtown Infrastructure and Experience
8. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly (FIRST READING: December 2, 2024 PASSED 7‐0)
9. SECOND READING: Adoption of an Ordinance Approving a Plan for Park Improvements at the City’s Baylands for Santa Clara Valley Water District's Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic: Retrofit and Rehabilitation Project; Approval of Addendum to the Mitigated Negative Declaration for the Project Prepared by Santa Clara Valley Water District (SCH # 2020090237). (FIRST READING: December 9, 2024 PASSED 7‐ 0)
10. SECOND READING: Adoption of Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws (FIRST READING: December 16, 2024 PASSED 7‐ 0)
CITY MANAGER COMMENTS (6:10 ‐ 6:25 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 11: 6:40 ‐ 7:40 PM, Item 12: 7:40 ‐ 8:40 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Discussion regarding State and Federal Legislative Advocacy and Adoption of the Policy and Services Committee Recommendations on the 2025 State and Federal Legislative Guidelines.
12. Review and Accept the FY 2026‐FY 2035 Long Range Financial Forecast (LRFF) and FY 2026 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 3 (July ‐ September 2024) Report
14. Update on Palo Alto Homekey (Interim Housing Shelter at 1237 San Antonio Road)
15. Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
SUPPLEMENTAL / AMENDED AGENDA ITEMS
15. SUPPLEMENTAL REPORT: Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments.
2 January 13, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, January 13, 2025
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 6:00 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:00 ‐ 6:05 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:05 ‐ 6:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from December 9, 2024 and December 16, 2024 Meetings
2. Approval of recommendations on process for the priority setting 2025 Council Annual Retreat as recommended by the Policy & Services Committee
3. Review and Acceptance of Annual Report on Development Impact Fees for Fiscal Year 2024 and Adoption of a Resolution Making Statutory Findings for all Development Impact and In‐Lieu Fee Funds; CEQA status ‐ Not a Project.
4. Adoption of a Resolution Extending the City Manager’s Authority to Execute Transactions Under Master Renewable Energy Certificate Agreements with Pre‐Qualified Suppliers in an Amount Not‐to‐Exceed $5,000,000 per Year During Calendar Years 2025‐2030; CEQA Status: Not a project
5. Approval of Contract Amendment #5 to Contract C17164727 with Professional Account Management, LLC, dba Duncan Solutions, for Parking Enforcement in the Amount of $132,000 to extend the term for one additional year; CEQA Status ‐ Not a Project
6. Approval of Contract Amendment Number 2 to Contract Number C23183770 with Townsend Public Affairs, Inc. to Extend Term for an Additional Year of Service (the second of four (4) annual options to renew) for State and Federal Legislative Advocacy and Grant Consulting and Compliance Services; CEQA Status ‐ Not a Project
7. Retail Committee Recommendation to: (1) Revise the Fiscal Year 2025 Budget Appropriation at Mid‐Year to Enhance Cleanliness Efforts in Both Downtowns; (2) Revise the Ongoing Parklet Regulations to Require Consent to Expand Beyond Own Frontage; and (3) Refer Staff to Follow‐up on Revising the Temporary Use Zoning Rules and Exploring Improvements to Downtown Infrastructure and Experience
8. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly (FIRST READING: December 2, 2024 PASSED 7‐0)
9. SECOND READING: Adoption of an Ordinance Approving a Plan for Park Improvements at the City’s Baylands for Santa Clara Valley Water District's Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic: Retrofit and Rehabilitation Project; Approval of Addendum to the Mitigated Negative Declaration for the Project Prepared by Santa Clara Valley Water District (SCH # 2020090237). (FIRST READING: December 9, 2024 PASSED 7‐ 0)
10. SECOND READING: Adoption of Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws (FIRST READING: December 16, 2024 PASSED 7‐ 0)
CITY MANAGER COMMENTS (6:10 ‐ 6:25 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 11: 6:40 ‐ 7:40 PM, Item 12: 7:40 ‐ 8:40 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Discussion regarding State and Federal Legislative Advocacy and Adoption of the Policy and Services Committee Recommendations on the 2025 State and Federal Legislative Guidelines.
12. Review and Accept the FY 2026‐FY 2035 Long Range Financial Forecast (LRFF) and FY 2026 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 3 (July ‐ September 2024) Report
14. Update on Palo Alto Homekey (Interim Housing Shelter at 1237 San Antonio Road)
15. Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
SUPPLEMENTAL / AMENDED AGENDA ITEMS
15. SUPPLEMENTAL REPORT: Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments.
3 January 13, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, January 13, 2025
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org
.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 6:00 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:00 ‐ 6:05 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:05 ‐ 6:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from December 9, 2024 and December 16, 2024 Meetings
2. Approval of recommendations on process for the priority setting 2025 Council Annual Retreat as recommended by the Policy & Services Committee
3. Review and Acceptance of Annual Report on Development Impact Fees for Fiscal Year 2024 and Adoption of a Resolution Making Statutory Findings for all Development Impact and In‐Lieu Fee Funds; CEQA status ‐ Not a Project.
4. Adoption of a Resolution Extending the City Manager’s Authority to Execute Transactions Under Master Renewable Energy Certificate Agreements with Pre‐Qualified Suppliers in an Amount Not‐to‐Exceed $5,000,000 per Year During Calendar Years 2025‐2030; CEQA Status: Not a project
5. Approval of Contract Amendment #5 to Contract C17164727 with Professional Account Management, LLC, dba Duncan Solutions, for Parking Enforcement in the Amount of $132,000 to extend the term for one additional year; CEQA Status ‐ Not a Project
6. Approval of Contract Amendment Number 2 to Contract Number C23183770 with Townsend Public Affairs, Inc. to Extend Term for an Additional Year of Service (the second of four (4) annual options to renew) for State and Federal Legislative Advocacy and Grant Consulting and Compliance Services; CEQA Status ‐ Not a Project
7. Retail Committee Recommendation to: (1) Revise the Fiscal Year 2025 Budget Appropriation at Mid‐Year to Enhance Cleanliness Efforts in Both Downtowns; (2) Revise the Ongoing Parklet Regulations to Require Consent to Expand Beyond Own Frontage; and (3) Refer Staff to Follow‐up on Revising the Temporary Use Zoning Rules and Exploring Improvements to Downtown Infrastructure and Experience
8. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly (FIRST READING: December 2, 2024 PASSED 7‐0)
9. SECOND READING: Adoption of an Ordinance Approving a Plan for Park Improvements at the City’s Baylands for Santa Clara Valley Water District's Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic: Retrofit and Rehabilitation Project; Approval of Addendum to the Mitigated Negative Declaration for the Project Prepared by Santa Clara Valley Water District (SCH # 2020090237). (FIRST READING: December 9, 2024 PASSED 7‐ 0)
10. SECOND READING: Adoption of Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws (FIRST READING: December 16, 2024 PASSED 7‐ 0)
CITY MANAGER COMMENTS (6:10 ‐ 6:25 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 11: 6:40 ‐ 7:40 PM, Item 12: 7:40 ‐ 8:40 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Discussion regarding State and Federal Legislative Advocacy and Adoption of the Policy and Services Committee Recommendations on the 2025 State and Federal Legislative Guidelines.
12. Review and Accept the FY 2026‐FY 2035 Long Range Financial Forecast (LRFF) and FY 2026 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 3 (July ‐ September 2024) Report
14. Update on Palo Alto Homekey (Interim Housing Shelter at 1237 San Antonio Road)
15. Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
SUPPLEMENTAL / AMENDED AGENDA ITEMS
15. SUPPLEMENTAL REPORT: Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308
, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments. 4 January 13, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas.
Supplemental Report
CITY COUNCIL
Regular Meeting
Monday, January 13, 2025
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 6:00 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:00 ‐ 6:05 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:05 ‐ 6:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from December 9, 2024 and December 16, 2024 Meetings
2. Approval of recommendations on process for the priority setting 2025 Council Annual Retreat as recommended by the Policy & Services Committee
3. Review and Acceptance of Annual Report on Development Impact Fees for Fiscal Year 2024 and Adoption of a Resolution Making Statutory Findings for all Development Impact and In‐Lieu Fee Funds; CEQA status ‐ Not a Project.
4. Adoption of a Resolution Extending the City Manager’s Authority to Execute Transactions Under Master Renewable Energy Certificate Agreements with Pre‐Qualified Suppliers in an Amount Not‐to‐Exceed $5,000,000 per Year During Calendar Years 2025‐2030; CEQA Status: Not a project
5. Approval of Contract Amendment #5 to Contract C17164727 with Professional Account Management, LLC, dba Duncan Solutions, for Parking Enforcement in the Amount of $132,000 to extend the term for one additional year; CEQA Status ‐ Not a Project
6. Approval of Contract Amendment Number 2 to Contract Number C23183770 with Townsend Public Affairs, Inc. to Extend Term for an Additional Year of Service (the second of four (4) annual options to renew) for State and Federal Legislative Advocacy and Grant Consulting and Compliance Services; CEQA Status ‐ Not a Project
7. Retail Committee Recommendation to: (1) Revise the Fiscal Year 2025 Budget Appropriation at Mid‐Year to Enhance Cleanliness Efforts in Both Downtowns; (2) Revise the Ongoing Parklet Regulations to Require Consent to Expand Beyond Own Frontage; and (3) Refer Staff to Follow‐up on Revising the Temporary Use Zoning Rules and Exploring Improvements to Downtown Infrastructure and Experience
8. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly (FIRST READING: December 2, 2024 PASSED 7‐0)
9. SECOND READING: Adoption of an Ordinance Approving a Plan for Park Improvements at the City’s Baylands for Santa Clara Valley Water District's Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic: Retrofit and Rehabilitation Project; Approval of Addendum to the Mitigated Negative Declaration for the Project Prepared by Santa Clara Valley Water District (SCH # 2020090237). (FIRST READING: December 9, 2024 PASSED 7‐ 0)
10. SECOND READING: Adoption of Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws (FIRST READING: December 16, 2024 PASSED 7‐ 0)
CITY MANAGER COMMENTS (6:10 ‐ 6:25 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 11: 6:40 ‐ 7:40 PM, Item 12: 7:40 ‐ 8:40 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Discussion regarding State and Federal Legislative Advocacy and Adoption of the Policy and Services Committee Recommendations on the 2025 State and Federal Legislative Guidelines.
12. Review and Accept the FY 2026‐FY 2035 Long Range Financial Forecast (LRFF) and FY 2026 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 3 (July ‐ September 2024) Report
14. Update on Palo Alto Homekey (Interim Housing Shelter at 1237 San Antonio Road)
15. Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
SUPPLEMENTAL / AMENDED AGENDA ITEMS
15. SUPPLEMENTAL REPORT: Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments.
5 January 13, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, January 13, 2025
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 6:00 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:00 ‐ 6:05 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:05 ‐ 6:10 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from December 9, 2024 and December 16, 2024 Meetings
2. Approval of recommendations on process for the priority setting 2025 Council Annual Retreat as recommended by the Policy & Services Committee
3. Review and Acceptance of Annual Report on Development Impact Fees for Fiscal Year 2024 and Adoption of a Resolution Making Statutory Findings for all Development Impact and In‐Lieu Fee Funds; CEQA status ‐ Not a Project.
4. Adoption of a Resolution Extending the City Manager’s Authority to Execute Transactions Under Master Renewable Energy Certificate Agreements with Pre‐Qualified Suppliers in an Amount Not‐to‐Exceed $5,000,000 per Year During Calendar Years 2025‐2030; CEQA Status: Not a project
5. Approval of Contract Amendment #5 to Contract C17164727 with Professional Account Management, LLC, dba Duncan Solutions, for Parking Enforcement in the Amount of $132,000 to extend the term for one additional year; CEQA Status ‐ Not a Project
6. Approval of Contract Amendment Number 2 to Contract Number C23183770 with Townsend Public Affairs, Inc. to Extend Term for an Additional Year of Service (the second of four (4) annual options to renew) for State and Federal Legislative Advocacy and Grant Consulting and Compliance Services; CEQA Status ‐ Not a Project
7. Retail Committee Recommendation to: (1) Revise the Fiscal Year 2025 Budget Appropriation at Mid‐Year to Enhance Cleanliness Efforts in Both Downtowns; (2) Revise the Ongoing Parklet Regulations to Require Consent to Expand Beyond Own Frontage; and (3) Refer Staff to Follow‐up on Revising the Temporary Use Zoning Rules and Exploring Improvements to Downtown Infrastructure and Experience
8. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly (FIRST READING: December 2, 2024 PASSED 7‐0)
9. SECOND READING: Adoption of an Ordinance Approving a Plan for Park Improvements at the City’s Baylands for Santa Clara Valley Water District's Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic: Retrofit and Rehabilitation Project; Approval of Addendum to the Mitigated Negative Declaration for the Project Prepared by Santa Clara Valley Water District (SCH # 2020090237). (FIRST READING: December 9, 2024 PASSED 7‐ 0)
10. SECOND READING: Adoption of Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws (FIRST READING: December 16, 2024 PASSED 7‐ 0)
CITY MANAGER COMMENTS (6:10 ‐ 6:25 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 11: 6:40 ‐ 7:40 PM, Item 12: 7:40 ‐ 8:40 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Discussion regarding State and Federal Legislative Advocacy and Adoption of the Policy and Services Committee Recommendations on the 2025 State and Federal Legislative Guidelines.
12. Review and Accept the FY 2026‐FY 2035 Long Range Financial Forecast (LRFF) and FY 2026 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 3 (July ‐ September 2024) Report
14. Update on Palo Alto Homekey (Interim Housing Shelter at 1237 San Antonio Road)
15. Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
SUPPLEMENTAL / AMENDED AGENDA ITEMS
15. SUPPLEMENTAL REPORT: Boards, Commissions, and Committees Annual Attendance Report; CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments.
6 January 13, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: January 13, 2025
Report #:2412-3873
TITLE
Approval of Minutes from December 9, 2024 and December 16, 2024 Meetings
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: December 9, 2024 Draft Action Minutes
Attachment B: December 16, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
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CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
December 9, 2024
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Councilmember Tanaka Arrived at 5:34 P.M.
Present Remotely:
Absent:
Special Orders of the Day
1. Appreciation for Joe Simitian for his Many Years Serving Palo Alto and the Region
NO ACTION
2. Proclamation Expressing Appreciation for Roy Clay, Sr.
NO ACTION
Agenda Changes, Additions and Deletions
Public Comment
Council Member Questions, Comments and Announcements
Item 1
Attachment A - December
9, 2024 Draft Action
Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/09/2024
Study Session
3. Presentation of the 2024 Annual Community Survey Results
NO ACTION
Consent Calendar
Council Member Kou requested to pull Agenda Item Number 4.
Council Member Tanaka registered a no vote on Agenda Item Number 11.
Council Member Kou registered a no vote on Agenda Item Number 4, 12.
MOTION: Vice Mayor Lauing moved, seconded by Council Member Veenker to approve Agenda Item Numbers 4-15.
MOTION PASSED 5-10: 7-0
MOTION PASSED 4, 12: 6-1, Kou no
MOTION PASSED 11: 6-1, Tanaka no
4. Adoption of a Resolution Accepting the Statement of Votes and Certificate of Election Results and Declaring the Results of the Consolidated Municipal Election Held on November 5, 2024; and Adoption of an Ordinance Approved by the Voters (Measure D) to Undedicate 0.33 Acres of El Camino Park; CEQA status - the Ordinance is exempt under Pub. Res. Code § 21080(b)(12).
5. Review and Approve the Williamson Act Contract Renewals Within Palo Alto City Limits (2024).
6. Approval of Performing Arts Services Agreements for Public -Private Partnerships Between the City of Palo Alto and TheatreWorks, Palo Alto Players, and West Bay Opera for the use of the Lucie Stern Community Theater until June 30, 2027. CEQA Status - Not a Project.
7. Approval of Construction Contract No. C24192547 with O’Grady Paving, Inc. in the Amount of $2,488,857 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that May Develop During the Project Up to a Not- to-Exceed Amount of $248,885; and Amendment No. 3 to Contract No. C20176858 with Sandis Civil Engineers in the Amount Not-to-Exceed $59,975 for Construction Administration Services for the Churchill Item 1
Attachment A - December
9, 2024 Draft Action
Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/09/2024
Avenue Enhanced Bikeway Project (PL -14000); CEQA Status – exempt under CEQA Guidelines Section 15301(c)
8. Approval of Professional Services Contract Number C25192694 with A3 -Immersive in an Amount Not to Exceed $275,692 for Projection Mapping Production Services for the 2025 Code:ART Interactive Media Public Art Festival for a period of One Year; and Approval of a FY 2025 Budget Amendment in the Public Art Fund; CEQA Status: Exempt under section 15061(b)(3).
9. Approval of Contract Amendment Number 1 to Contract Number C21179976 with TruePoint Solutions, LLC in the Amount of $362,312 through December 31, 2026 to Provide Technical Support of Services Related to the Land Use Management Permitting System (Accela); This Amendment Results in a Revised Total Contract Not- to-Exceed Amount of $1,263,995. CEQA Status: Not a Project.
10. Approval of Contract Amendment Number 3 to Contract Number S19174467 with BuildingEye, Inc. in the Amount of $59,020 through December 31, 2025 to Provide Data Visualization for Building Permits, Planning Entitlements, and Code Enforcement Activities; This Amendment Results in a Revised Total Contract Not-to-Exceed Amount of $412,430. CEQA Status: Not a Project.
11. Approval of 1) Amendment No. 7 to Contract No. C16163034A with Cumming Management Group, Inc. in the amount of $827,418 for Additional Construction Management Services; 2) Increase of Construction Contingency for Contract No.
C21178123B with Swinerton Builders in the Amount Not -to-Exceed $3,000,000 for the New Public Safety Building Capital Improvement Program Project (PE - 15001); and 3) Budget Amendment in the Capital Improvement Fund; CEQA - Environmental Impact Report for the New Public Safety Building (Resolution No. 9772)
12. Approval of a Cooperative Agreement between the City of Palo Alto, the Peninsula Corridor Joint Powers Board (Caltrain), and the Santa Clara Valley Transportation Authority (VTA) to Conduct the Preliminary Engineering and Environmental Documentation Phase of the Connecting Palo Alto Grade Separation Projects at Churchill Avenue, Meadow Drive, and Charleston Road Crossings and Allocating $20 million in Grant Funding to this Phase, and authorize the City Manager or their designee to Finalize and Execute the Agreement; CEQA status - CEQA and NEPA review will be conducted as part of this agreement.
13. Improvement Projects Providing Enhancing the Churchill Avenue Railroad At -Grade Crossing
14. Approval of Budget Amendments in the Child Care Trust Fund and General Fund in Support of Expenditures to Support Early Education Providers; CEQA status - Not a Project.
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9, 2024 Draft Action
Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/09/2024
15. FIRST READING: Adoption of an Ordinance Approving a Plan for Park Improvements at the City’s Baylands for Santa Clara Valley Water District's Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic: Retrofit and Rehabilitation Project; Approval of Addendum to the Mitigated Negative Declaration for the Project Prepared by Santa Clara Valley Water District (SCH # 2020090237).
City Manager Comments
Ed Shikada, City Manager
Action Items
16. Receive an Update and Confirm the Preferred Concept Plan for the University Avenue Streetscape Improvements Project (PE-21004) and Direct Staff to Return with a Contract Amendment for Future Phases; CEQA Status – Not a Project MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Burt to:
A. Confirm the preferred concept plan for the University Avenue Streetscape Project (PE - 21004); and
B. Direct staff to return with a design -related services amendment for Council approval, in order to advance the project; and
C. Direct staff to explore additional medium -term measures , including short -term measures, for loading zones on side streets, provisions of tree wells on side streets and University Avenue, and support for historic promotion of the street.
MOTION PASSED: 7-0
17. Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, City Attorney, and City Clerk. CEQA Status - Not a Project
MOTION: Council Member Lauing moved, seconded by Council Member Lythcott -Haims to approve and authorize the Mayor to execute the following contract amendments for Council Appointed Officers:
1. Amendment No. 12 to Employment Agreement between the City of Palo Alto and Molly S. Stump (Attachment A);
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9, 2024 Draft Action
Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/09/2024
2. Amendment No. 1 to Employment Agreement between the City of Palo Alto and Mahealani Ah Yun (Attachment C).
MOTION PASSED: 7-0
MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION: Council Member Lauing moved, seconded by Council Member Lythcott -Haims to approve and authorize the Mayor to execute the following contract amendments for Council Appointed Officer:
3. Amendment No. 6 to Employment Agreement between the City of Palo Alto and Ed Shikada (Attachment B); and
MOTION PASSED: 6-1, Tanaka no
Adjournment: The meeting was adjourned at 9:30 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423 , the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
Item 1
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9, 2024 Draft Action
Minutes
Item 1: Staff Report
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CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
December 16, 2024
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:31 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:
Absent:
Special Orders of the Day
1. Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement
NO ACTION
2. Proclamation Recognizing Gunn High School Pickleball Club
NO ACTION
Closed Session
3. CONFERENCE WITH CITY ATTORNEY —POTENTIAL LITIGATION Subject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, As Set Forth in Letter Dated August 2, 2024 from David Lanferman, Esq. Authority: Government Code Section 54956.9(d)(2) One Case, as Defendant
MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:56 P.M.
Council returned from Closed Session at 7:05 P.M.
Mayor Stone announced no reportable action.
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16, 2024 Draft Action
Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/16/2024
Agenda Changes, Additions and Deletions
Public Comment
Council Member Questions, Comments and Announcements
Study Session
4. Discussion of 2024 City Council Ad Hoc Committees Activities
NO ACTION
Consent Calendar
Vice Mayor Lauing, Councilmember Tanaka, and Lythcott-Haims requested to pull Agenda Item Number 24.
Councilmember Tanaka, Lythcott-Haims, and Veenker requested to pull Agenda Item Number
22. Councilmember Tanaka registered a no vote on Agenda Item Numbers 10, 13, 16, 17, 18.
MOTION: Mayor Stone moved, seconded by Vice Mayor Lauing to approve Agenda Item Numbers 5-21, 23, 25 and to pull Agenda Item Numbers 22 and 24.
MOTION PASSED ITEMS 5-9, 11, 12, 14, 15, 19-21, 23, 25: 7-0 MOTION PASSED ITEMS 10, 13, 16-18: 6-1, Tanaka no
5. Approval of Minutes from December 2, 2024 City Council Meeting
6. Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies to Meet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not a project
7. Adoption of Resolutions Authorizing an Installment Sale Agreement with the California State Water Resources Control B oard for Financing of the Local Advanced Water Purification System Project (WQ -19003); CEQA Status - Addendum to the 2015 Item 1
Attachment B - December
16, 2024 Draft Action
Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/16/2024
Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037)
8. Community Development Block Grant 2025 -2030 Cons olidated Plan and Authorize Execution of Revenue Agreement with the County of Santa Clara for Annual Action Plan FY 2025-2026
9. Approve a Grant Agreement with the Federal Highway Administration for the South Palo Alto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds and Requiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project.
10. Approval of Seven Professional Services Contracts C25192617, C24193306 - C24193311, with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., True North Compliance Services, Inc., TRB and Associates, Inc., and West Coast Code Consultants, Inc. in the Aggregate Total Not -to-Exceed Amount of $4,000,000 for On -Call Development Services, Inspection, Plan Revi ew, and Green Building Program Services for a Period of Four Years. CEQA Status: Not a Project.
11. Approval of Increase of Construction Contingency for Contract No. C24190072 with O’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional Street Improvement Work on California Avenue and El Camino Real for Capital Improvement Program Projects PL -23000 and PL -12000; and Adoption of a Resolution Continuing the Closure of a Portion of California Avenue through 2025; CEQA Status – Categorically Exempt under CEQA Guidelines Sections 15301 and 15304
12. Approval of Professional Services Contract Number C25193087 with Rincon Consultants in an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA) Review of a Revised Master Plan for the Cubb erley Site for a Period of One Year, and Approval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund; CEQA Status – this action will initiate CEQA review of the master plan.
13. Approval of Contract Amendment No 1 to Contract Number C22 177024A with CLEAResult Consulting Inc., Extending the Term for Two Additional Years Through November 14, 2026, a Change in the Compensation Structure, and no Change in Not -to- Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services for Small to Medium Business and Commercial Customers; CEQA Status: Not a Project.
14. Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, in the Amount of $20,000 and for a six -month extension to continue Independent Police Auditing Services in Palo Alto. CEQA Status – Not a Project.
15. Approval of Professional Services Contract Number C25192045 with Urban Planning Partners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car Free Ramona Street Project for a Period of O ne Year, Direct Staff to Return with an Amendment to Approve Phase II; Approval of a Budget Amendment in the General Item 1
Attachment B - December
16, 2024 Draft Action
Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/16/2024
Fund; and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025; CEQA Status – categorically exempt.
16. Approval o f Contract C24191871 Amendment Number 1 Effective July 1, 2024 with Equinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 Years Through June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorization to Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of $1,954,923; CEQA Status – Not a Project
17. Approval of Purchase Order C24193066 with Origami Risk LLC for Records Management Software Supporting the City’s Claims and Litigation for a Three -Year Te rm Not -To- Exceed Amount of $206,310; CEQA: Not a project
18. Adoption of a revised salary schedule for Limited Hourly employees to increase the maximum hourly rate for the Management Specialist classification; CEQA Status - not a project
19. Adoption of a Resoluti on of Intention to Reimburse Expenditures for the Grid Modernization and Related Projects of the Electric Utility System Infrastructure from the Proceeds of Tax-Exempt Utility Revenue Bonds.
20. Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and the Macias, Gini & O’Connell Management Letter; Approve the FY 2024 Annual Comprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, as Recommended by the Finance Committee; CEQA Status – Not a Project
21. Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project
22. FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110 (Wireless Communications Facilities) of Title 18 (Zoning) to Require Architectural Review Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in the Public Rights-of-Way and Repeal the Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights -of-Way. CEQA Status: Exempt Pursuant to CEQA Guidelines Sections 15301, 15302, and 15303.
23. FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections of Titles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Laws from the 2024 Legislative Session; Adop tion of an Identical Emergency Ordinance; and Adoption of a Resolution Repealing SB 9 Objective Design Standards and Replacing Them with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQA Guidelines 15061(b)(3).
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16, 2024 Draft Action
Minutes
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/16/2024
24. REINTRODUCED FIRST REA DING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023 and Earlier. CEQA Status
- E
xempt Pursuant to CEQA Guidelines Section 15061(b)(3).
(PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6-1, Kou no)
25. S
ECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16,
18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Imple ment High Priority Retail Revitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7-0)
City Manager Comments
Ed Shikada, City Manager
Action Items
26. Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council Members Up to $2,000/year from the City Council Contingent Account for Technology Resources and Other Actual and Necessary Expenses Incurred in the Performance of Official Duties
MOTION: Councilmember Lythcott-Haims moved, seconded by Vice Mayor Lauing to adopt the attached policy authorizing Council Members to receive reimbursement, up to $2,000 per calendar year (taken from the City Council Contingent Account funding), for technolog y resources (limited to one of the same hardware items per four-year Council term) or other actual and necessary expenses incurred in the performance of official City duties. The policy includes procedures for documentation and audits.
MOTION PASSED: 6-1, Kou no
27. Approval of CAO Committee Recommendation to direct the City Manager, or their designee, and Council Appointed Officers Committee Chair Lauing to negotiate renewal of the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026 with an option to renew for two years; and align the review of the City Auditor performance with other CAO reviews.
MOTION: Council Member Burt moved, seconded by Council Member Kou to direct the Council Appointed Officers Committee Chair Lauing , with technical support from the Human Resour ces Director and appropriate City staff, to renew and refine the terms of a contract amendment Item 1
Attachment B - December
16, 2024 Draft Action
Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 12/16/2024
with Baker Tilly US, LLC through June 30, 2026 plus negotiate terms for an option to renew for two years, and to align the review of the City Auditor performance with other CAO reviews.
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 9:57 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423 , the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official records of both C ouncil and committee proceedings. These recordings are available on the City’s website.
Item 1
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16, 2024 Draft Action
Minutes
Item 1: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: January 13, 2025
Report #:2412-3924
TITLE
Approval of recommendations on process for the priority setting 2025 Council Annual Retreat as recommended by the Policy & Services Committee
RECOMMENDATION
The Policy & Services Committee and staff recommend City Council approve the process for the priority setting 2025 Annual Retreat. This includes recommending the 2025 Mayor not make Councilmember appointments to City Ad Hoc Committees prior to the Annual Retreat, and that the City Council forgo substantive review of the City Council Procedures and Protocols Handbook given significant edits made in 2024, with the exception of minor edits to section 7(b) Priorities Background and Definition.
BACKGROUND
The Council Handbook establishes the Annual Council Priorities process, including the role of the Policy & Services Committee. Section 7.b.6 states that “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 Councilmembers. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat.” The current Council Priorities are:
•Economic Development and Transition
•Climate Change and the Natural Environment: Protection and Adaptation •Housing for Social and Economic Balance
•Community Health, Safety, Wellness & Belonging
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ANALYSIS
At its December 10, 2024 meeting1, the Policy and Services Committee (P&S) reviewed the 2024 Council Priorities and proposed 2025 priority setting process for reviewing and selecting Council priorities. Per the Handbook process, the Policy & Services Committee recommends to the Council, which suggestions if any, should be considered at the Annual Retreat. Attachment A includes responses from the survey on Council Priority recommendations. Chair Kou recommended the Council consider edits to the Climate Change Priority as suggested by Councilmember Veenker: “Climate and Sustainability Action and Adaptation (our goal is not Climate Change, it is Climate Action).”
Standing and Ad Hoc Committees as resources to advance Council Priorities Discussion The P&S Committee discussed the use of various ad hocs in 2024 that helped advance Council Priorities. On December 16, the City Council also engaged in a Study Session to report out the progress made via the seven ad hocs (Retail, Stanford, Housing, Climate Action, Rail, Cubberley, and El Camino Real). While acknowledging the good work done through these ad hoc Committees, the P&S Committee also recognized the challenges of time management and supporting seven ad hocs in addition to the Council‘s standing committees (Finance, Policy & Services, Council Appointed Officers, and City/Schools Liaison).
Staff reported that the current committee structure presents several challenges. First, the scope and purpose of some ad hoc Committees have evolved to address broad subject areas rather than specific topics. This development is not aligned with the purpose of ad hocs as outlined in the Council Handbook, and creates the need to follow Brown Act procedures.
Second, this broad focus has led to an indefinite duration for many ad hocs, which is a workload management challenge. Finally, much of the work funneled to ad hocs could be addressed within existing Standing Committees, ensuring that the nature of the work aligns with organizational priorities and makes better use of staff resources and capacity.
The P&S Committee recommended that, at its Annual Retreat, the Council discuss the role of ad hocs and specific priorities for conducting the Council’s business in 2025 To enable the discussion as outlined above, the Policy & Services Committee recommended the 2025 Mayor not make appointments to City Ad Hoc Committees prior to the Annual Retreat.
City Council Procedures and Protocols Handbook Edits
Section 8.1 Annual Review and Update of the Handbook, directs the Policy and Services Committee to review and update the Procedures and Protocols Handbook and make recommendations to Council. Given the extensive update to the Handbook in 2024, the Policy 1 Policy & Services Committee Meeting 12/10/2024:
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& Services Committee recommends that the Council forgo significant updates, and instead recommend that the Council consider minor updates to Section 7(b) titled Priorities Background and Definition to reflect the following edits:
•Remove language limiting priorities to three years
•Remove “unusual” from the definition of priorities
The Committee felt that the edits reflected the Council’s current practice and definition of the word Priority. Attachment B includes the redline edit to the Handbook.
Council Annual Retreat
The Policy & Services Committee recommends that the Council follow a similar Annual Retreat agenda as last year and include the following elements:
a. Councilmember visioning for 2025
b. Discussion and Approval of 2025 Priorities
c. Key Community engagement needed to advance the Council Priorities, including ad hoc Committees
d. Refer to Policy and Services Committee Consideration of Performance Measures Associated with Priorities
e. Resources needed to support
A proposed agenda is included in Attachment C for Council consideration.
FISCAL/RESOURCE IMPACT
No Additional resource impacts are expected at this time. This discussion will inform the Annual Council Retreat, which is scheduled for January 25, 2025. This item has been placed on the City Council consent calendar given unanimous approval by the P&S Committee. Should Council members wish to discuss the item by pulling it from consent, staff will be prepared to support discussion at the January 13 meeting.
STAKEHOLDER ENGAGEMENT
Staff sought input from City Council, including the newly elected, on priority area recommendations and will seek input from the community via Open Town Hall survey in December. The public will also have an opportunity to provide feedback during the Council retreat, as well as send direct emails to Council.
ENVIRONMENTAL REVIEW
This is not considered a project as defined by CEQA and no review is required.
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ATTACHMENTS
Attachment A: Council and Council-elect Survey Responses on 2025 Priorities Attachment B: City Council Procedures and Protocols Handbook Redline Edits Attachment C: Proposed 2025 Council Annual Retreat Agenda APPROVED BY:
Ed Shikada, City Manager
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ATTACHMENT A
Council and Council-elect Survey Responses on 2025 Priorities Per the City Council Procedures and Protocols Handbook process, the Policy & Services Committee recommends to the Council, which suggestions if any, should be considered at the Annual Retreat. The Council and Council-elect were surveyed November 15 - November 27 on recommended 2025 Priorities for the Policy & Services Committee to consider, below are the responses received.
Councilmember Veenker
“I suggest:
•Climate and Sustainability Action and Adaptation (our goal is not Climate Change, it is Climate Action)
•Community Health, Safety, Wellness & Belonging
•Economic Development
•Housing for Social & Economic Balance”
Councilmember-elect Lu
“I realize the final priorities will probably evolve incrementally, so I'm taking some refinements / prioritization with existing priorities. My hope is to have the clearest possible milestones (or finish) projects that make it into our final list.”
“My top 3 (unranked):
1. Housing for Economic Balance
oClear milestones for the San Antonio + Downtown plans
oFinalize plans + restart Buena Vista redevelopment
oImplementation of Housing Element Goals
2. Economic Development
oClear milestones for Cal Ave / University streetscapes (i.e. designs and funding?) oImplement another round of retail streamlining ordinances, focused on a more complex set of zoning issues (including parking)
oPermanent parklet ordinance (with as much simplicity + documentation for
3. Community Safety and Wellness
oTaking a Vision Zero goal (with a deadline and plan to fund improvements) coming out of our Safe Systems / Bike and Pedestrian planning processes oTBD milestones for mental health resources (with a focus on youth)” Councilmember Lauing
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and Council-elect Survey
Responses on 2025
Priorities
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ATTACHMENT A
Each of this year’s objectives is massive and requires a multi-year approach. As I have reflected on this, I don’t see any objective more crucial than what we already have. And we don’t want to change key objectives just for the novelty of it. If anything, I could see dropping the word “transition” this year on the economic recovery objective as we are far from the pandemic. This could help emphasize that this objective is not just about retail.
Councilmember Lythcott-Haims
Keep same priorities.
Councilmember Kou
1. Preservation & Expansion of the Natural Environment including Palo Alto’s tree canopy and open spaces.
2. Defend Palo Alto’s Charter against State mandates
3. Fiscal Frugality
Councilmember Burt
I don’t have recommendations for changes to the priorities, but I listed below in [bullets] some areas that I would like to prioritized to advance these priorities.
Climate Change & Natural Environment - Protection & Adaptation •A summary and communication program on recent and planned permitting and inspection streamlining related to solar, energy storage, and electrification appliances.
Community Health, Safety, Wellness & Belonging
•Identification of expanded or enhanced special events to date and those projected for 2025 resulting from additions made to special events staffing.
Economic Development & Transition
•A plan with milestones for Cal Ave and University Ave downtowns nearer term improvements, including a permanent parklet program for Cal Ave early in Q1 2025. •A summary and communication program of recent and planned retail related permit streamlining.
Housing for Social & Economic Balance
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and Council-elect Survey
Responses on 2025
Priorities
Item 2: Staff Report
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City Council Procedures and Protocols Handbook
35 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.
(b) Annual Council Priorities
Priorities Background and Definition
The Council adopted its first Council priorities in 1986. Each year the Council reviews its priorities at its Annual Council Retreat. On October 1, 2012 the 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 Council. The values (shared above) allow the 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 Council on the priorities to be reviewed and considered for the following year.
1) Councilmembers 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 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 Council retreat.
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Attachment B - City
Council Procedures and
Protocols Handbook
Redline Edits
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ATTACHMENT C
Proposed 2025 Council Annual Retreat
January 25, 2025
Mitchell Park Community Center, El Palo Alto Room
# Item
1. Welcome by Mayor and CM
Goal and purpose as aligned with Council policy
Expectations and meeting norms
Agenda for the day and source of the input
2. Introductions
Introduction of Council members and introductory comments from each member
3. Discuss Key Inputs
Community poll on priorities
Council feedback on priorities
2024 Accomplishment Highlights
4. Public Comment
Break
5. Selection of 2025 Council Priorities:
Economic Development & Transition
Climate Change & the Natural Environment
Housing for Social & Economic Balance
Community Health, Safety, Wellness & Belonging
What’s missing or needs retooling?
6. Discussion on Strategies to Achieve Priorities
Council Engagement, Community engagement, resources
Management of Council Committees and ad hocs
Break
7. Next Steps
Key dates and outcomes:
2025 Objectives discussion
Committee workplans
8. Retreat Action Review and Comment
Adjournment
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2025 Council Retreat
Agenda
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: January 13, 2025
Report #:2409-3457
TITLE
Review and Acceptance of Annual Report on Development Impact Fees for Fiscal Year 2024 and Adoption of a Resolution Making Statutory Findings for all Development Impact and In-Lieu Fee Funds; CEQA status - Not a Project.
RECOMMENDATION
Staff recommends that the City Council review and accept the Annual Report on Development Impact Fees for the period ending June 30, 2024, and adopt the resolution making statutory findings for all development impact and in-lieu fee funds (Attachment B).
EXECUTIVE SUMMARY
This report contains the annual report on the City of Palo Alto’s Development Impact Fees for the Fiscal Year (FY) 2024. This report meets the annual reporting requirements in Government Code section 66006 and 66013. This report also contains a resolution making the finding required by Government Code section 66001.
BACKGROUND
Development Impact Fees
Local agencies commonly impose fees on development projects to help offset the costs of funding the public facilities impacted by those developments. These fees are known as development impact fees. State law (Government Code section 66000 et seq. or “the Mitigation Fee Act”) requires local agencies that impose development impact fees to prepare an annual report providing specific information about those fees. The City assesses 12 development impact fees.
Within 180 days after the close of the fiscal year, the agency that collected the fees must make available to the public the following information regarding each fund or account:
Brief description of the type of fee in the fund.
Amount of the fee.
Beginning and ending balance in the fund.
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Amount of fees collected, and interest earned, if applicable. Identification of each public improvement on which (Attachment):
oFees were expended
oAmount of the expenditure on each improvement
oTotal percentage of the cost of the public improvement that was funded with fees.
Identification of an approximate date by which the construction of a public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. Description of each interfund transfer or loan made from the account or fund, including the public improvement on which the loaned funds will be expended, and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
Amount of any refunds made due to inability to expend fees within the required time frame.
The Mitigation Fee Act requires that the City Council review the annual report at its first regularly scheduled public meeting no less than 15 days after the information is made available to the public. Staff published the report on the City’s website on December 27, 2024.
In addition to the annual reporting requirement, the Mitigation Fee Act requires, for the fifth fiscal year following the first deposit into the fund and every five years thereafter, that the City Council make findings with respect to any portion of the fee(s) remaining unexpended, whether committed or uncommitted. The findings must:
Identify the purpose to which the fee is to be put.
Demonstrate a nexus between the fee and the purpose for which it was originally charged; and
Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements
Designate the approximate dates on which the anticipated funding is expected to be deposited into the fund.
If the agency no longer needs the funds for the purposes for which they were collected, or if it fails to make required findings or perform certain prescribed administrative tasks, it may be required to initiate a refunding process as outlined in the statute. The City has chosen to make these findings on an annual basis.
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In-Lieu and Other Development-Related Fees
In-lieu fees provide developers with an alternative means of satisfying the City’s requirement to provide or construct certain improvements or amenities as part of their projects. While In-lieu fees do not have statutory reporting requirements, they are included in this report in the interest of transparency. These fees include the Parkland Dedication Fee/Quimby Act fee imposed under Government Code section 66477, the Residential Housing In-Lieu Fee, the Public Art In-Lieu Fee, and the water and wastewater connection and capacity fees imposed under Government Code section 66013.
ANALYSIS
Development Impact Fees
The annual report for FY 2024 is included as Attachment A. Staff published the report on the City’s website on December 27, 2024. The report contains the statutorily required information for the following fees:
Stanford Research Park/El Camino Real traffic impact fees (PAMC Ch. 16.45): Fee for new nonresidential development in the Stanford Research Park/El Camino Real Service Commercial zone, to fund capacity improvements at eight intersections. The City ceased collecting this fee effective fiscal year 2020.
San Antonio/West Bayshore Area traffic impact fees (PAMC Ch. 16.46): Fee for new nonresidential development in the San Antonio/West Bayshore area to fund capacity improvements at four intersections. The City ceased collecting this fee effective fiscal year 2020.
Housing impact fees imposed on commercial developments (PAMC Ch. 16.65): Fee on commercial and industrial development to offset the demand that new jobs create for low income and moderate-income housing in the City by supporting below-market rate housing at various levels of affordability.
General Government facilities: (PAMH Ch. 16.58) – Fee on residential and non-residential development to fund improvements to those facilities used by the City to provide basic governmental services and public facilities maintenance services, exclusive of public safety.
Parks, Community Centers, and Libraries impact fees (PAMC Ch. 16.58): Fee on new residential and non-residential development to provide funds for improvements to community facilities including parks, community centers, libraries.
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Residential (Rental) impact fees (PAMC Ch. 16.65) Fee on rental residential developments (including mixed use with rental housing) to offset the demand that new market-rate rental housing creates for low and moderate-income housing in the City. Charleston-Arastradero Corridor pedestrian and bicyclist safety fees (PAMC Ch. 16.60):
Fee on new development and re-development within the Charleston-Arastradero Corridor to provide for streetscape improvements designed to increase pedestrian and bicyclist safety in the corridor.
Citywide Transportation impact fees (PAMC Ch 16.59): Fee on development in all parts of the City to fund transportation enhancements, or public facilities and programs to reduce congestion.
New Public Safety facilities (PAMH Ch. 16.58): Fee on residential and non-residential development to fund the construction, acquisition, and/or upgrade of police and fire facilities, including fire apparatus and vehicles.
University Avenue Parking In-Lieu Fund (PAMC Ch. 16.57): Fees collected from non- residential development within the University Avenue Parking Assessment District to fund the cost of public parking facilities to serve non-residential development projects that do not provide adequate new off-street parking spaces to satisfy the requirements of the zoning code.
Development Impact Fee Five-Year Findings (Government Code section 660001) The City has elected to conduct an annual review of findings for all development impact fees. The proposed findings are presented in Attachment B, and the unexpended balances as of June 30,2024 for each fund are outlined below:
The Stanford Research Park/ El Camino Fund is $1,275,357. The San Antonio/West Bayshore Fund is $427,121.
The Commercial Housing Impact Fee Fund is $4,207,369.
The General Government Facilities Fund is $191,973.
The Community Facilities-Park Development Fee Fund is $2,384,330. The Community Facilities- Community Center Development Fee Fund is $970,142.
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The Community Facilities- Library Development Fee Fund is $617,837. The Residential Housing Impact Fee Fund is $1,155,034. The Charleston-Arastradero Corridor Pedestrian & Bicyclist Safety Fee Fund is $17,253. The Citywide Transportation Fund is $1,883,518.
The Public Safety Facility Fee Fund is $151,288.
The University Avenue Parking In-Lieu Fund is $15,189,652.
In addition to development fee funds that are required to be reported under AB 1600, the following funds are reported for information purposes only and are not required to be reported under AB 1600:
Residential housing in-lieu fees (PAMC Ch. 16.65): Fee on residential ownership developments in-lieu of providing required below-market rate to low-and moderate- income households.
Parkland Dedication (CA Government Code Section 66477-Quimby Act): Fees on parkland dedication imposed on new residential and non-residential development. Public Art Fund (PAMC Ch. 16.61): Fees imposed on new commercial developments (including mixed use projects), including new construction, remodels, additions and reconstruction that (i) have a floor area of 10,000 sq. ft. or more, and (ii) have a construction value of $200,000, or more, exclusive of costs for architecture, design, engineering, and required studies; and all new residential projects of five or more units to fund public art for private developments.
Water and Wastewater Collection (California Government Code Section 66013):
Connection and Capacity fees charged to developers that are adding load to the water and sewer systems effective July 1,2005.
FISCAL/RESOURCE IMPACT
There is no direct fiscal impact associated with the review and acceptance of the annual report.
The various fee funds are reviewed annually for any unallocated or unexpended balances as part of the development of the City’s five-year capital improvement plan.
If the council does not make the findings contained in Attachment B, the development fees described therein might be required to be refunded. This would have a potential fiscal impact of up to $28,470,873.
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STAKEHOLDER ENGAGEMENT
This report has been prepared by the Accounting Division in Administrative Services and reviewed by partner departments including the City Attorney’s Office, the Planning and Development Services Department, the Office of Transportation, Public Works, Library, and the Community Services Department.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) in that the report and findings required by the Mitigation Fee Act is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4).
ATTACHMENTS
Attachment A: Development Impact Fees FY 2024 and Use of Fees Summary
Attachment B: Resolution Making Findings Regarding the Continuing Need for Unexpended Development Impact Fees
APPROVED BY:
Lauren Lai, Administrative Services Director
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City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2024
Stanford Research Park/El Camino Real San Antonio/West Bayshore Area FUND Transportation Impact Fee Transportation Impact Fee Description of the Type of Fee
Amount of the Fee $12.85/sq. ft.; City ceased collecting effective FY 2020$2.65/sq. ft.; City ceased collecting effective FY 2020 Fund Balance July 1, 2023 $1,220,842 $407,697
FY 2024 Activity
Revenues
Interest Earnings 31,614 10,555 Unrealized Gain/(Loss) Investments 22,902 8,869 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Revenues $54,516 $19,424
Total Expenditures - - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 $1,275,358 $427,121
Total Reserves - - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Funds Available $1,275,358 $427,121
Traffic impact fees imposed on new non-residential development in the Stanford Research Park/El Camino Real Commercial Service zone to fund improvements at eight identified intersections. (PAMC 16.45)
Traffic impact fees imposed on new non-residential development in the San Antonio/West Bayshore area to fund capacity
improvements at four indentified intersections. (PAMC 16.46) Item 3
Attachment A -
Development Impact Fees
FY 2024 and Use of Fees
Summary
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City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2024
Commercial Housing
FUND Impact Fee General Government Facility Development Fee Description of the Type of Fee Fees imposed on commercial and industrial development to offset the demand that new jobs create for low and moderate-income housing in the City. (PAMC 16.65)
Fees imposed on residential and non-residential development to fund facilities associated with municipal administration. (PAMC
16.58)
Amount of the Fee Hotel / Retail / Other Residential: (ADUs under 750 sq. ft are exempt) Non-Residential: $26 per sq. ft. Single family $1,684.20 per unit Multi-family $1.346.36 per unit
Office/R&D: $77 per sq. ft.
Non-Residential:
Commercial $939 per 1,000 sq. ft. or fraction thereof
Industrial $312 per 1,000 sq. ft. or fraction thereof
Office/Institutional $1,256 per 1,000 sq.ft. or fraction thereof Fund Balance July 1, 2023 $27,033,611 $121,165
FY 2024 Activity
Revenues
Fees Collected 438,546 66,695
Interest Earnings 320,494 4,014
Unrealized Gain/(Loss) Investments 56,927 98
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Revenues 815,967 70,807
Expenditures
Salaries and Benefit (11,893) - Liability Insurance (753) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Expenditures (12,646) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 $27,836,932 $191,972
Reserves
Notes Receivable (see detail below) (23,629,563) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Reserves (23,629,563) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Funds Available $4,207,369 $191,972
Notes Receivable Detail:
$1,290,000 for 2811 Alma; $4,137,278 for 801 Alma;
$7,700,000 for Buena Vista Mobile Home Park;
$10,502,309 Wilton Court
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Attachment A -
Development Impact Fees
FY 2024 and Use of Fees
Summary
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City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2024
FUND Park Development Fee Community Centers Development Fee Description of the Type of Fee
Amount of the Fee Residential: (ADUs under 750 sq ft are exempt) Residential: (ADUs under 750 sq ft are exempt) Single family $65,308.60 per unit Single family $5,047.71 per unit.
Multi-Family $48,302.43 per unit Multi-Family $3,734.03 per unit Non-residential: Non-residential:
Commercial/Industrial $19,150 per net new 1,000 sq ft.Commercial/industrial $1480 per 1,000 sq ft.
Hotel/Motel $3,250 per 1,000 sq ft. Hotel/Motel $252 per 1,000 sq ft.
Fund Balance July 1, 2023 $1,671,754 $771,619
FY 2024 Activity
Revenues
Fees Collected 1,409,596 174,306
Interest Earnings 43,637 14,175
Unrealized Gain/(Loss) Investments 110,640 10,042
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Revenues $1,563,873 $198,523
Expenditures - Operating Transfer to Capital Projects Fund (851,297) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Expenditures ($851,297) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 $2,384,330 $970,142
Total Reserves - - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Funds Available $2,384,330 $970,142
Fees imposed on new residential and non-residential development approved after Jan 28, 2002 to fund acquisition of land and improvements for neighborhood and district parks. (PAMC 16.58) Fees imposed on new residential and non-residential development approved after Jan 28, 2002 to to fund development and
improvements to community centers. (PAMC 16.58)
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Attachment A -
Development Impact Fees
FY 2024 and Use of Fees
Summary
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City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2024
Residential Housing
FUND Library Development Fee Impact Fee
Description of the Type of Fee Fees imposed on new residential and non-residentual development approved after January 28, 2002 to fund development and improvements to libraries. (PAMC 16.58)
Fees imposed on all rental residential developments (including mixed-use with rental housing) to offset the demand that the new market-rate rental housing creates for low-income and moderate- income housing in the City. (PAMC 16.65)
Amount of the Fee Residential: (ADUs under 750 sq ft are exempt) Single and Multi-Family: $25 per sq. ft. apartment (rentals) Single family $3,008.38 per unit
Multi-family $2,224.72 per unit
Non-residential:
Commercial/industrial $883 per net new 1,000 sq ft.
Hotel/Motel $150 per net new 1,000 sq ft.
Fund Balance July 1, 2023 $944,041 $1,050,978
FY 2024 Activity
Revenues
Fees Collected 82,859 54,475
Interest Earnings 15,708 28,118
Unrealized Gain/(Loss) Investments 32,246 21,463
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Revenues $130,813 $104,056
Expenditures
Operating Transfer to Capital Projects Fund (457,017) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Expenditures (457,017.00) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 $617,837 $1,155,034
Total Reserves - - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Funds Available $617,837 $1,155,034
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Development Impact Fees
FY 2024 and Use of Fees
Summary
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City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2024
Charleston-Arastradero Corridor Citywide Transportation FUND Pedestrian and Bicyclist Safety Impact Fee Impact fee Description of the Type of Fee Fees collected from new development and redevelopmentTransportation impact fees imposed on new development in within the Charleston-Arastradero Corridor to provide forall parts of the City to fund congestion reduction projects. pedestrian and bicyclist safety improvements. (PAMC 16.60)(PAMC 16.59) Amount of the Fee Residential: $1,684 per residential unit Commercial: $0.49 per sq ft (ADUs exempt)
$9,754.23 each; per net new PM peak hour trip
Fund Balance July 1, 2023 $1,172 $1,622,961
FY 2024 Activity
Revenues
Fees Collected 14,891 567,097 Interest Earnings 194 42,465 Unrealized Gain/(Loss) Investments 996 45,995 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Revenues $16,081 $655,557
Expenditures
Operating Transfer to Capital Projects Fund - (395,000) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Expenditures - ($395,000)--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 $17,253 $1,883,518
Total Reserves - - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Funds Available $17,253 $1,883,518
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Development Impact Fees
FY 2024 and Use of Fees
Summary
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Annual Report on Development Impact Fees
for Period Ending June 30, 2024
University Avenue Non-residential Development
FUND Public Safety Facility Development Fee Parking In-Lieu Fee Description of the Type of Fee Fees imposed on residential and non-residential development to fund police and fire facilities, including fire apparatus and vehicles. (PAMC 16.58)
Fees collected from non-residential development within the University Ave. Parking Assessment District area in lieu of providing the required off-street parking spaces. (PAMC 16.57)
Amount of the Fee Residential: $130,823.17 per space
Single family $1,336.38 per unit
Multi-family $1,069.91 per unit
Non-residential:
Commercial $746 per 1,000 sq ft. or fraction thereof
Industrial $249 per 1,000 sq. ft. or fraction thereof
Office/Institutional $996 per 1,000 sq ft or fraction thereof.
Fund Balance July 1, 2023 $95,093 $15,664,946
FY 2024 Activity
Revenues
Fees Collected 52,982
Interest Earnings 3,159 349,058
Unrealized Gain/(Loss) Investments 53 (47,054)
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Revenues $56,194 $302,004
Expenditures
General Expense - (727,298) Operating Transfer to Capital Projects Fund - (50,000) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Expenditures - (777,298.00) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 $151,287 $15,189,652
Total Reserves - - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Funds Available $151,287 $15,189,652
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Development Impact Fees
FY 2024 and Use of Fees
Summary
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Annual Report on Development Impact Fees
for Period Ending June 30, 2024
Residential Housing In-Lieu Fee Parkland Dedication Fee
FUND (INFORMATION ONLY) (INFORMATION ONLY)
Description of the Type of Fee This fee is not subject to AB1600 reporting requirements and is included only for information purposes. Fees collected from ownership residential developments of three or more units(including mixed used with ownership in housing) in-lieu of providing the required below-market rate unit(s) to low and moderate income households. (PAMC 16.65)
This fee is not subject to AB1600 reporting requirements and is inlcuded only for information purposes. Fees on parkland dedication imposed on new residential and non-residential development. (PAMC 21.50; Gov. Code Sec. 66477 and 66479) Amount of the Fee Single-family $96 per sq. ft. single-family detached; $64 per sq. ft. single-family attached. Multi-family $64 per sq. ft. condos.
Single Family: $76,029.40 per unit; Multi-Family: $54,472.24 per unit. This applies only to residential projects that require a subdivision or parcel map. Land dedication is required for subdivisions resulting in more than 50 parcels. Parkland Dedication Fee -Land: Single Family: 531 sq. ft. per unit; Multi-Family: 366 sq. ft. per unit. When parkland dedication applies, park impact fees do not apply.
Fund Balance July 1, 2023 $29,320,569 $2,240,408
FY 2024 Activity
Revenues
Fees Collected 164,834 1,453,944
Interest Earnings 214,508 81,285
Unrealized Gain/(Loss) Investments 265,714 75,368
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Revenues $645,056 $1,610,597
Expenditures
Salaries and Benefit (11,892.84) - Liability Insurance (752.76) - Contract Service/General Expense (79,195.93) - Operating Transfer to Capital Projects Fund - (250,000) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Expenditures (91,842) ($250,000) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 $29,873,783 $3,601,005
Reserves
Reserve for Encumbrances & Reappropriations (99,082) - Reserve for Notes Receivable (28,258,078) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Reserves ($28,357,160) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Funds Available $1,516,623 $3,601,005
$375,000 for 3053 Emerson; $3,504,850 for Tree House Apts.; $3,000,000 Grant Ave; $747,734 for Sheridan Apts. $2,285,026 for 801 Alma; $842,338 for Palo Alto Housing Project; $600,000 for 2811-2825 Alma St.; $203,561 for Colorado Park Housing; $149,968 for El Dorado Palace; $6,800,000 for Buena Vista Mobile Home Park; $8,249,601 for Wilton Ct.; $1,500,000 for 525 E. Charleston Rd.
Residential Housing In-Lieu Fund, Notes Receivable Detail:
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Development Impact Fees
FY 2024 and Use of Fees
Summary
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City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2024
Public Art In-Lieu Fee
FUND (INFORMATION ONLY) Water Connection/Capacity Fees
Description of the Type of Fee This fee is not subject to AB1600 reporting requirements and is included only for information purposes. The Public Art In-Lieu fee is used to fund public art for private developments that elect not to provide public art onsite. The fee is imposed on new commercial developments and mixed-use projects that (i) have a floor area of 10,000 sq. ft. or more, and (ii) have a construction value of $200,000, or more, exclusive of costs for architecture, design, engineering, and required studies, as well as all new residential projects of five or more units. (PAMC 16.61)
Water connection and capacity fees are imposed on new
development and redevelopment to buy into existing water distribution system and to recover the proportionate cost of system improvements required to serve the new customers of increased loads of existing customers. These are one-time fees paid before water services are upgraded or installed. Capacity fees recieved are used exclusively for water capital improvement projects. (Gov. Code Sec. 66013)
Amount of the Fee 1% of first $128.06 million construction valuation and 0.9% of construction valuation for valuation in excess of $128.06 million Water Capacity Fees: 5/8 in., 3/4 in E-Meter. $3,750, 1 in. E-Meter $6,250, 1 1/2 in. E-Meter $18,850, 2 in. E-Meter $31,250, 4 in.
Compound Meter by est. $125/FU (min. 5,000 FU) , 6 in. Compound Meter by est. $125/FU (min. 7,000 FU)
Fire Service Capacity Fees: 2 in. $750, 4 in. $8,425, 6 in. $18,250, 8 in. $30,950, 10 in. $48,110
Fund Balance July 1, 2023 $2,091,434 - FY 2024 Activity
Revenues
Fees Collected 244,528
Connection Fees Collected 1,661,229
Capacity Fees Collected 254,925
Interest Earnings 55,253 - Unrealized Gain/(Loss) Investments 36,328 - Transfers in from other funds 184,000 - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Revenues $520,109 $1,916,154
Expenditures
Salaries and benefits (293,728) - Contract Services/Other (64,103) (1,916,154.00) Liability Insurance (3,767) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Expenditures ($361,598) ($1,916,154)
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 $2,249,945 - Reserves
Encumbrances & Reappropriations (5,294) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Reserves (5,294) - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Funds Available $2,244,651 - Item 3
Attachment A -
Development Impact Fees
FY 2024 and Use of Fees
Summary
Item 3: Staff Report
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City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2024
FUND Wastewater Connection/Capacity Fees
Description of the Type of Fee Wastewater connection and capacity fees are imposed on new development and redevlopment to buy into the existing wastewater collection systems and to recover the proportionate cost of system improvements required to serve the new customers of increased loads of existing customers. These are one-time fees paid before the wastewater services are upgraded or installed. Capacity fees recieved are used exclusively for sanitary sewer capital improvement projects. (Gov. Code Sec. 66013)
Amount of the Fee Sewer Capacity Charges: 4 in. connection with 5/8 in Water Meter (WM) $5,250, 4 in connection. with 1-in WM $10,500, 4 or 6 in. connection with 1-1/2 in WM $31,668, 6 in. connection with 2 in.
WM $52,500, 6 in. and larger connection with 4 in. or larger WM by est. at $210/FU
Fund Balance July 1, 2023 - FY 2024 Activity
Revenues
Connection Fees Collected 476,333
Capacity Fees Collected 15,750
------------------------------------------------------------------------------------------- Total Revenues $492,083
Expenditures
Contract Services/Other (492,083) ------------------------------------------------------------------------------------------- Total Expenditures ($492,083)
------------------------------------------------------------------------------------------- Ending Balance June 30, 2024 - Total Reserves - ------------------------------------------------------------------------------------------- Net Funds Available $0
Item 3
Attachment A -
Development Impact Fees
FY 2024 and Use of Fees
Summary
Item 3: Staff Report
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Fund Name Project
FY 2024
Expenditures
Total Project
Cost
% of Total
Project
Cost
Construction Start
Date
Stanford Research Park/El Camino Real Transportation Impact FeePage Mill Road/El Camino Real Intersection Improvements None N/A N/A Mid-2025 San Antonio/West Bayshore Area Transportation Impact Fee San Antonio/Charleston Road Intersection Improvements None N/A N/A 2026 Commercial Housing Impact Fee Affordable Housing Development Projects 12,646$ N/A N/A N/A General Government Facility Development Impact Fee PE-15001 New Public Safety Building None 118,602,789$ N/A February 2021 Community Facilities Parks Development Impact Fee PE-08001 Rinconada Park Improvements 46,367$ 10,176,326$ 0.5% Summer 2019 PF-23001 Roth Building Rehabilitation Phase 1 350,000$ 11,367,366$ 3.1% Summer 2023 PG-18001- Dog Park Installation and Renovation 294,500$ 338,904$ 86.9% Recurring PG-19000- Park Restroom Installation 160,430$ 2,003,799$ 8.0% Recurring Community Center Impact Fee PE-24001 Electrification of City Facilities None 1,799,238$ N/A N/A PF-02022 Facility Interior Finishes Replacement None 1,069,488$ N/A N/A Community Facilities Library Developers Impact Fee LB-21000 Library Automated Material Handling (AMH) 157,017$ 1,898,292$ 8.3% February 2025 PF-23001 Roth Building Rehabilitation Phase 1 300,000$ 11,367,366$ 2.6% Summer 2023 Residential Housing Impact Fee Affordable Housing Development Projects None N/A N/A N/A Charleston-Arastradero Corridor Pedestrian & Bicyclist Safety Impact FeePL-04010 - Bike Ped Implementation Plan None N/A N/A N/A Citywide Transportation Impact Fee PL-05030 Traffic Signal and ITS Upgrades 395,000$ ongoing N/A ongoing Public Safety Facility Development Impact Fee PE-18004 Fire Station 4 Replacement None 18,255,946$ N/A Spring 2022 University Ave Non Residential Development Parking In-Lieu FeeRefund paid to Hamilton and High LLC 727,298$ N/A N/A N/A PE-15007 New Downtown Parking Garage 50,000$ 5,398,000$ 0.9% Summer 2026 Residential Housing In-Lieu Fee Affordable Housing Development Projects 91,842$ N/A, ongoing N/A N/A Parks Dedication Fund PE-24004- Rinconada Pool Family Changing Room 250,000$ 1,397,698$ 17.9% November 2025 PE-18006- Byxbee Park Completion None 3,699,189$ N/A Fall 2024 Public Art In-Lieu Fee
Public Art Program (acquisition of new artwork, repair and maintenance, conservation and insurance, project management, and program administration)
361,598$ N/A N/A N/A
Water Fund Capacity Fees WS-80013 Customer Connection, Annual 1,229,105 $ N/A N/A Recurring WS-15002 Water Main Replacement Project 29 681,678$ 9,500,000$ 7.2% Winter 2022 WS-16001 Water Main Replacement Project #30 5,371 $ 9,804,371$ 0.1% Fall 2025 Wastewater Fund Capacity Fees WC-19001 Sewer Sanitary Rehabilitation Project 31 492,083 $ $9,500,000 5.2% July 2023 City of Palo Alto
FY 2024 Use of Fees Summary
Item 3
Attachment A - Development Impact
Fees FY 2024 and Use of Fees
Summary
Item 3: Staff Report
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*NOT YET APPROVED* Attachment B
1 0290006_20241223
Resolution No. _____
Resolution of the Council of the City of Palo Alto Accepting the Annual Report on Development Impact Fees for the Period Ending June 30, 2024 and Making Findings Regarding the Continuing Need for Development Impact Fees Collected but Not Expended
R E C I T A L S
A. Government Code Sections 66000 et seq., commonly known as the Mitigation Fee Act, regulates the imposition, collections, expenditure, and reporting of development impact fees; and
B. Government Code Section 66006 requires that certain information be made available to the public regarding development impact fees on an annual basis; and C. Government Code Section 66001 requires the City Council to make findings describing the continuing need for impact fees every five years specifying the intended use of any unexpended impact fees; and
D. The City of Palo Alto imposes various development impact fees, and has prepared the Development Impact Fee Report for the Period Ending June 30, 2024, which contains the information required by Government Code 66006 for these fees; and E. The City of Palo Alto also imposes in-lieu fees and dedication fees in connection with development projects and although the Mitigation Fee Act’s requirements do not apply to these fees, the Development Impact Fee Report for the Period Ending June 30, 2024 includes information regarding those fees in its annual report in the interest of transparency.
F. The Development Impact Fee Report for the Period Ending June 30, 2024 was published on the City of Palo Alto website on December 2, 2024.
G. The City Council has read and considered the Development Impact Fee Report for the Period Ending June 30, 2024.
The Council of the City of Palo Alto RESOLVES as follows:
Section 1. The City Council accepts the Annual Report on Development Impact Fees for the Period Ending June 30, 2024 as required by Government Code 66006.
Section 2. Based on the Development Impact Fee Report for the Period Ending June 30, 2024, and the Schedule of Improvements and Expenditures attached as Exhibit 1 to this resolution, the City Council makes the following findings as required by Government Code Section 66001 with regard to fees collected but not expended for the following fees:
Stanford Research Park/El Camino Real Traffic Impact Fee Item 3
Attachment B -
Resolution Making
Findings Regarding the
Continuing Need for
Unexpended
Development Impact Fees
Item 3: Staff Report
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*NOT YET APPROVED* Attachment B
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A. The purpose of this fee is to fund traffic-related improvements at eight designated intersections within the Stanford Research Park/El Camino Real CS zone.
B. The fee is reasonably related to its purpose because the fee is imposed on new non- residential development, which is expected to generate an average of eighty percent of new commute period traffic at the designated intersections, and the amount of the fee is based upon the estimated cost of the capacity improvements at the designated intersections.
C. The sources and amounts of funding anticipated for incomplete improvements are set forth in Exhibit 1 to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account are set forth in Exhibit 1 to this resolution.
San Antonio/West Bayshore Area Traffic Impact Fee
A. The purpose of this fee is to fund the cost of capital expenditures needed to provide operational improvements at certain intersections in the San Antonio/West Bayshore Area.
B. This fee is reasonably related to its purpose because the fee is imposed on new development in the San Antonio/West Bayshore Area, and the San Antonio/West Bayshore Environmental Impact Report (EIR) showed that these improvements are necessary to mitigate the demonstrated significant traffic impacts of such new development.
C. The sources and amounts of funding anticipated for incomplete improvements are set forth in Exhibit 1 to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account are set forth in Exhibit 1 to this resolution.
Commercial Housing Impact Fee
A. The purpose of this fee is to offset the demand that new jobs create for low and moderate-income housing in the city as a result of commercial and industrial development by supporting below-market rate housing at various levels of affordability.
B. The fee is reasonably related to its purpose because the fees are expended exclusively to provide new and preserve existing housing affordable to very low income, lower income, and moderate income households in the city, consistent with the goals and policies contained in the City's housing element and for administration and compliance monitoring of the City’s affordable housing program.
C. The Planning and Development Services Department released a Notice of Funding Availability (NOFA) for eligible facilities/services in September 2024.
D. The unexpended fund balance should be allocated in FY 2025 and later years through the NOFA process, which awards grants to eligible projects on an annual basis; however, a minimum balance will be maintained to account for unrealized losses as these funds are invested until the time of disbursement.
Item 3
Attachment B -
Resolution Making
Findings Regarding the
Continuing Need for
Unexpended
Development Impact Fees
Item 3: Staff Report
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3 0290006_20241223
General Government Facilities Fee
A. The purpose of this fee is to fund the cost of improvements to those facilities used by the City to provide basic governmental services and public facilities maintenance services, exclusive of public safety.
B. The fee is reasonably related to its purpose because new residential and non-residential development in the city will generate additional residents and employees who will increase the demand for services, including municipal services and general government functions. Population and growth has a direct impact on the need for government services and facilities, thus a reasonable relationship exists between new development and government facilities, which will have to be acquired to meet the increased demand.
A. The sources and amounts of funding anticipated for incomplete improvements are set forth in Exhibit 1 to this resolution.
B. The approximate dates on which the funding is expected to be deposited into the appropriate account are set forth in Exhibit 1 to this resolution.
Park Development Fee
A. The purpose of this fee is to fund the cost to design, acquire, install, and construct park facilities.
B. The fee is reasonably related to its purpose because the fees will be collected from new residential and non-residential development in the city for park facilities that will be necessary due to increased demand for such facilities resulting from new development.
New development will generate additional residents and employees who will increase the demand for active and passive park facilities within the city. Land will have to be purchased and improved to meet this increased demand.
C. The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit A to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit A to this resolution.
Community Center Development Fee
A. The purpose of this fee is to fund the cost to design, acquire, install, and construct community center facilities.
B. The fee is reasonably related to its purpose because the fees will be collected from new residential and non-residential development in the city for community center facilities that will be necessary due to increased demand for such facilities resulting from new development. New development will generate additional residents and employees who will increase the demand for community center facilities within the city. Land will have to be purchased and improved to meet this increased demand.
C. The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit A to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit A to this resolution.
Item 3
Attachment B -
Resolution Making
Findings Regarding the
Continuing Need for
Unexpended
Development Impact Fees
Item 3: Staff Report
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*NOT YET APPROVED* Attachment B
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Library Development Fee
A. The purpose of this fee is to fund the cost to design, acquire, install, and construct library facilities.
B. The fee is reasonably related to its purpose because the fees will be collected from new residential and non-residential development in the city for library facilities that will be necessary due to increased demand for such facilities resulting from new development.
New development will generate additional residents and employees who will increase the demand for library facilities within the city. Land will have to be purchased and improved to meet this increased demand.
C. The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit A to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit A to this resolution.
Residential Housing Impact Fee
A. The purpose of this fee is to offset the demand for low and moderate-income housing in the city as a result of market rate residential development by supporting below-market rate housing at various levels of affordability.
B. The fee is reasonably related to its purpose because the fees are expended exclusively to provide new and preserve existing housing affordable to very low income, lower income, and moderate income households in the city, consistent with the goals and policies contained in the City's housing element and for administration and compliance monitoring of the City’s affordable housing program.
C. The Planning and Development Services Department released a Notice of Funding Availability (NOFA) for eligible facilities/services in September 2024.
D. The unexpended fund balance should be allocated in FY 2025 and later years through the NOFA process, which awards grants to eligible projects on an annual basis; however, a minimum balance will be maintained to account for unrealized losses as these funds are invested until the time of disbursement.
Charleston-Arastradero Corridor Pedestrian and Bicyclist Safety Impact Fee A. The purpose of this fee is to fund the cost to implement the Charleston-Arastradero Corridor Plan, a series of streetscape improvements designed to increase pedestrian and bicyclist safety in the corridor.
B. The fee is reasonably related to its purpose because the fees will be collected on residential and non-residential development within the Charleston-Arastradero Corridor Plan area and used to construct improvements identified in the Charleston-Arastradero Corridor Plan.
C. The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit A to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit A to this resolution.
Item 3
Attachment B -
Resolution Making
Findings Regarding the
Continuing Need for
Unexpended
Development Impact Fees
Item 3: Staff Report
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Citywide Transportation Impact Fee
A. The purpose of this impact fee is to fund the cost of citywide transportation enhancements, or public facilities and services that relieve citywide traffic congestion caused by new development projects.
B. The fee is reasonably related to its purpose because the fee is imposed on development projects that cause traffic congestion on a citywide basis, calculated based on the additional traffic impacts attributable to the project, and fee funds are used only on eligible citywide transportation enhancements.
C. The sources and amounts of funding anticipated for incomplete improvements are set forth in Exhibit 1 to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account are set forth in Exhibit 1 to this resolution.
Public Safety Facilities Impact Fee
A. The purpose of this fee is to fund the construction, acquisition and/or upgrade of Police and Fire Facilities and equipment.
B. The fee is reasonably related to its purpose because new residential and non-residential development will generate additional residents and employees who will require additional service calls increasing the need for trained Police and Fire personnel. Buildings and vehicles used to provide these services will have to be expanded, constructed, or purchased to meet this increased demand. Thus a reasonable relationship exists between the need for Public Safety facilities and the impact of residential and non-residential development.
C. The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit A to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit A to this resolution.
University Avenue Parking In-Lieu Fee
A. The purpose of this fee is to fund the cost of providing public parking facilities to serve nonresidential development within the University Avenue parking assessment district area that does not provide adequate new off-street parking spaces to satisfy the requirements of the zoning code.
B. The fee is reasonably related to its purpose because the fees will be used for the construction of additional public parking spaces within the University Avenue parking assessment district area.
C. The sources and amounts of funding anticipated for incomplete improvements are set forth in Exhibit 1 to this resolution.
D. The approximate dates on which the funding is expected to be deposited into the appropriate account are set forth in Exhibit 1 to this resolution.
Item 3
Attachment B -
Resolution Making
Findings Regarding the
Continuing Need for
Unexpended
Development Impact Fees
Item 3: Staff Report
Pg.
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*NOT YET APPROVED* Attachment B
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Residential Housing In-Lieu Fee
A. The purpose of this fee is to offset the demand for low and moderate-income housing in the city as a result of market rate residential development by supporting below-market rate housing at various levels of affordability. The fee allows developers of market-rate residential ownership projects to fulfill their obligation to provide affordable ownership units by paying an in-lieu fee after demonstrating that providing such units as part of the project would be infeasible.
B. The fee is reasonably related to its purpose because the fees are expended exclusively to provide new and preserve existing housing affordable to very low income, lower income, and moderate income households in the city, consistent with the goals and policies contained in the City's housing element and for administration and compliance monitoring of the City’s affordable housing program.
C. The Planning and Development Services Department released a Notice of Funding Availability (NOFA) for eligible facilities/services in September 2024.
D. The unexpended fund balance should be allocated in FY 2025 and later years through the NOFA process, which awards grants to eligible projects on an annual basis; however, a minimum balance will be maintained to account for unrealized losses as these funds are invested until the time of disbursement.
Public Art In-Lieu Fee
A. The purpose of this fee is to fund the cost of providing publicly visible art displays that enhance the built environment in the city when private developers opt not to commission on-site art displays as part of their projects.
B. The fee is reasonably related to its purpose because the fees will be collected from development projects that exceed a minimum size that do not include on-site art displays and used to acquire and install temporary or permanent works of art in public places, provide publicly accessible exhibitions of art, provide community-based public art events, and cover expenses associated with the Public Art Program.
C. The Community Services Department, through the Public Art Commission, continually evaluates opportunities for public art displays, exhibitions, and community events using the Public Art Fund. The Public Art Fund also contributes to cost of administering the Public Art Program, however that contribution is limited to 20% of the project budget and for the repair, maintenance, conservation and insurance of those works.
D. The sources and amounts of funding anticipated for incomplete improvements are set forth in Exhibit 1 to this resolution.
E. The approximate dates on which the funding is expected to be deposited into the appropriate account are set forth in Exhibit 1 to this resolution. The unexpended fund balance is allocated on an ongoing basis as public art projects are considered and approved by the Public Art Commission.
Parkland Dedication Fee
This fee is under Government Code section 66477 and 66479 and therefore the requirement to make additional findings every five years does not apply.
Item 3
Attachment B -
Resolution Making
Findings Regarding the
Continuing Need for
Unexpended
Development Impact Fees
Item 3: Staff Report
Pg.
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*NOT YET APPROVED* Attachment B
7 0290006_20241223
Water & Wastewater System Connection and Capacity Fees
These fees are imposed under Government Code section 66013 and therefore the requirement to make additional findings every five years does not apply. Refer to the Development Impact Fee Report for the Period Ending June 30, 2024 for the information required by Government Code 66013(d).
SECTION 3. The Council finds that adoption of this resolution is not a project as defined by the California Environmental Quality Act (CEQA) in that it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4).
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Chief Assistant City Attorney City Manager
_____________________________
Director of Administrative Services
Item 3
Attachment B -
Resolution Making
Findings Regarding the
Continuing Need for
Unexpended
Development Impact Fees
Item 3: Staff Report
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Attachment B - Exhibit 1 City of Palo Alto
Schedule of Improvements and Expenditures
Fund/Project Name CIP Project
Number
Unexpended
Balance FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Notes; Other Funding Sources/Amounts Stanford Research Park/El Camino Real Transportation Impact Fee 1,275,357$ Page Mill Road/El Camino Real Intersection Improvements N/A 1,276,358$ Project to be constructed by County of Santa Clara; additional project funding from County 2016 Measure B Expressway Program; anticipated construction start in mid-2025
San Antonio/West Bayshore Area Transportation Impact Fee Traffic Signal and Intelligent Transportation System Upgrades PL-05030 427,121$ 427,121$ San Antonio/Charleston Road Intersection Improvement Project; anticipated construction start in 2026
Commercial Housing Impact Fee 4,207,369$
Notice of Funding Availability issued September 30, 2024 N/A 2,200,000$ The City annually issues Notices of Funding Availability (NOFA) to provide funding support for eligible affordable housing projects. Funding awards vary by project and the available balance in the this fund, and other funds managed throught City's affordable housing program. Specific projects to be funded through the FY 2025 NOFA process will be determined in January 2025.
Additional NOFAs will be issued for FY 2026 and later years based on available funding.
General Government Facility Development Fee 191,973$
Public Safety Building PE-15001 191,972$ See pp. 164-166 of FY 2025 Capital Budget; technical adjustments to capital budget approved by City Council October 21, 2024; additional technical adjustments to capital budget anticipated in Q1 of FY 2025.
Park Development Fee 2,384,330$
Dog Park Installation and Renovation PG-18001 150,000$ 150,000$ See pp. 218-219 of FY 2025 Capital Budget.
Park Restroom Installation PG-19000 629,590$ 559,342$ 559,342$ See pp. 254-256 of FY 2025 Capital Budget.
Community Center Development Fee 970,142$
Electrification of City Facilities PE-24001 490,000$ See pp. 122-123 of FY 2025 Capital Budget.
Facility Interior Finishes Replacement PF-02022 440,250$ See pp. 124-126 of FY 2025 Capital Budget.
Library Development Fee 617,837$
Library Automated Material Handling LB-21000 382,983$ See pp. 138-140 of FY 2025 Capital Budget.
Residential Housing Impact Fee 1,155,034$
Notice of Funding Availability issued September 30, 2024 N/A 400,000$ The City annually issues Notices of Funding Availability (NOFA) to provide funding support for eligible affordable housing projects. Funding awards vary by project and the available balance in the this fund, and other funds managed throught City's affordable housing program. Specific projects to be funded through the FY 2025 NOFA process will be determined in January 2025.
Additional NOFAs will be issued for FY 2026 and later years based on available funding.
Charleston-Arastradero Corridor Pedestrian & Bicyclist Safety 17,253$ Bike Pedestrian Transportation Plan Implementation Project PL-04010 17,252$ See pp. 308-310 of FY 2025 Capital Budget.
Citywide Transportation Impact Fee 1,883,518$
Traffic Signal and Intelligent Transportation System Upgrades PL-05030 395,000$ 395,000$ 395,000$ 395,000$ 395,000$ See pp. 344-346 of FY 2025 Capital Budget.
Public Safety Facility Development Impact Fee 151,288$
Fire Station 4 Replacement PE-18004 95,093$ 56,195$ See pp. 128-130 of FY 2025 Capital Budget.
University Avenue Non-Residential Development Parking In-Lieu 15,189,652$ New Downtown Parking Garage PE-15007 15,498,600$ See pp. 160-162 of FY 2025 Capital Budget; technical adjustments to capital budget approved by City Council October 21, 2024; revised project budget and funding sources anticipated Q2 2025.
Residential Housing In-Lieu 1,516,624$
Notice of Funding Availability issued September 30, 2024 N/A 500,000$ The City annually issues Notices of Funding Availability (NOFA) to provide funding support for eligible affordable housing projects. Funding awards vary by project and the available balance in the this fund, and other funds managed throught City's affordable housing program. Specific projects to be funded through the FY 2025 NOFA process will be determined in January 2025.
Additional NOFAs will be issued for FY 2026 and later years based on available funding.
Public Art In-Lieu 2,244,651$
Code: Art Community Event 2025 N/A 275,000$ Project funding approved by Public Arts Commission August 28, 2024.
Item 3
Attachment B - Resolution Making
Findings Regarding the Continuing
Need for Unexpended Development
Impact Fees
Item 3: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: January 13, 2025
Report #:2409-3528
TITLE
Adoption of a Resolution Extending the City Manager’s Authority to Execute Transactions Under Master Renewable Energy Certificate Agreements with Pre-Qualified Suppliers in an Amount Not- to-Exceed $5,000,000 per Year During Calendar Years 2025-2030; CEQA Status: Not a project
RECOMMENDATION
Staff recommends that the City Council approve a resolution (Attachment A) extending the City Manager’s authority to execute transactions under the Council-approved Master Renewable Energy Certificate Purchase and Sale Agreements (“REC Master Agreements”) as follows:
1. Allow for the purchase and sale of Renewable Energy Certificates (RECs) via the Council- approved Master Agreements with prequalified supplies to meet the needs of the City’s PaloAlto Green (PAG) Program, Renewable Portfolio Standard (RPS) Procurement Plan, Carbon Neutral Plan, and REC Exchange Program;
2. Maintain the annual expenditure authority for the REC purchases at $5,000,000 annually; and
3. Extend the term for REC transactions from calendar year 2025 through calendar year 2030.
EXECUTIVE SUMMARY
Facilities that produce renewable energy receive revenues both from the sale of the energy produced at the facility and from the “environmental attribute” associated with the project. The environmental attribute is sold separately as a Renewable Energy Certificate (REC). One REC represents the environmental attribute of one megawatt-hour (MWh) of electricity generated from a renewable energy facility. Owners of renewable energy facilities often sell these environmental attributes separately from the underlying energy itself, or “unbundled.” Thus, RECs provide an additional source of funding for renewable energy projects to make them more economical to develop. The City’s PAG program, RPS Procurement Plan, Carbon Neutral Plan, and REC Exchange Program all allow for the use of unbundled RECs to cost-effectively meet each program’s goals.
Item 4
Item 4 Staff Report
Item 4: Staff Report
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In November 2013, Council authorized the City Manager, or their designee, to buy RECs from thirteen pre-qualified suppliers with whom the City has executed REC Master Agreements (Resolution 93791). The authority granted by that resolution applied to transactions to meet the needs of the PAG program, the City’s RPS requirements, and the Carbon Neutral Plan, and was limited to $5,000,000 annually through 2018. In May 2019, Council extended this authorization through 2024 (Resolution 98312). The attached resolution extends this existing authority – at the same expenditure level but with an updated set of suppliers – to enable the purchase and sale of RECs that may be required to meet the City’s PAG, RPS, Carbon Neutral Plan, and REC Exchange Program objectives in a competitive, timely, and cost-effective manner. Note that none of these Council actions will directly result in any REC transactions; these actions simply enable the procurement of RECs as needed for the programs described in this report.
BACKGROUND
Since 2003, RECs have been used as the primary source of renewable energy to meet the needs of the PAG program. Between 2003 and 2009, these RECs were purchased through the City’s PAG program administrator. Starting in 2009, REC Master Agreements were established as a means to competitively and efficiently procure RECs to meet the needs of PAG. In 2011, through a competitive request for proposals (RFP) process, the City executed REC Master Agreements with the following 13 suppliers:
1. 3Degrees Group, Inc.
2. Bonneville Environmental Foundation
3. Constellation Energy Commodities Group
4. EDF Trading North America, LLC
5. Element Markets, LLC
6. Idaho Wind Power Partners 1, LLC
7. Lakeview Green Energy, Inc.
8. Nexant, Inc.
9. NextEra Energy Power Marketing, LLC
10. Pacific Corp.
11. Powerex Corp.
12. Shell Energy North America (US), L.P.
13. Sterling Planet Holdings, Inc.
Of these 13 suppliers, several are no longer operating or no longer selling RECs. In addition, in December 2016, Council approved a standard form REC master agreement ( Resolution 96523), which suppliers could execute at any time and become enabled with the City (after the individual 1 Resolution 9379: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9379.pdf 2 Resolution 9831: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso- 9831.pdf?t=55321.72
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agreement was approved by Council). In October 2019, Council approved an updated Master REC agreement and modified the approval process for individual agreements “such that Council approval of individual REC Master Agreements is no longer required where Council has authorized the City Manager to award and sign REC contracts with qualified, eligible counterparties, as described in Section 2.30.340(b) of the Municipal Code.” ( Resolution 98634) Since December 2016, the City has executed new REC Master Agreements with the following 11 suppliers:
1. Renewable Power Strategies, LLC
2. ACT Commodities Inc.
3. STX Commodities LLC
4. Anew Environmental, LLC
5. AQC Environmental Brokerage Services, Inc.
6. Ecohz, Inc.
7. GO2 Markets, Inc.
8. Verdant Energy Services LLC
9. Bridge to Renewables, LLC
10. SCB Brokers LLC
11. Carbon Solutions Group, LLC
Transactions allowed under the REC Master Agreements are limited to the purchase and sale of unbundled RECs. Note that these REC Master Agreements do not include individual transaction limits; the only authority limit applicable to these agreements is the annual aggregate limit of $5 million. This is due to the fact that the RECs the City purchases under these agreements are always transferred to the City within the year in which they’re purchased, and often within days of the date of purchase. Therefore the City has no long-term exposure to counterparties under these agreements.
ANALYSIS
RECs for PAG
Currently, the requirements of the City’s PAG program are met via wind RECs procured through the REC Master Agreements. The PAG program is “Green-E” certified, which is a certification administered by an independent non-profit organization, the Center for Resource Solutions, which has established national and regional standards for verifying green power programs and codes of conduct regarding the use of RECs. The RECs purchased under these Master Agreements for the PAG program are all Green-E certified, and the current market price for such RECs is about 4 Resolution 9863: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso- 9863.pdf?t=52859.29
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$7 per REC.5 The costs to procure these RECs, and to administer the PAG program, are borne by participating PAG customers through the program’s rate premium.
In 2013, when the City’s electricity supply became 100% carbon neutral, the PAG program was closed to residential customers. It is currently open to commercial customers, and there is a relatively low demand for it – driven by customers who need to procure additional RECs to satisfy their own corporate sustainability objectives. In 2012, total PAG program demand was about 75,000 RECs; in 2023, demand had fallen to about 28,000 RECs, or about 3% of the City’s total electric load.
RECs for RPS and the REC Exchange Program
The City, like all electric utilities in the state, is required to achieve an RPS level of 60% (of the City’s retail electric sales) by 2030. 6 Under California’s RPS regulations, unbundled RECs are an approved resource to meet this requirement, with certain restrictions and limitations on their use for RPS compliance purposes. 7 In recent years, the City has opted to use unbundled RECs (which are significantly less expensive than RECs sold together with the associated energy from a renewable resource) in order to reduce its cost of complying with the RPS mandate.
In addition, in August 2020, Council authorized the REC Exchange Program, under which the City exchanges bundled RECs from the City’s long-term renewable resources (Bucket 1 RECs) for RPS- eligible, unbundled RECs (Bucket 3 RECs) to the maximum extent possible, while maintaining compliance with the state’s RPS regulations ( Staff Report 11556 8). Because Bucket 1 RECs are much more valuable under the state’s RPS regulations than Bucket 3 RECs, this program generates significant revenue for the City. Per Council’s direction, during the program’s first two years, two-thirds of this revenue was allocated to offset electric utility supply costs, while since that time all of the revenue has been invested locally in electrification efforts necessary to meet the City’s ambitious climate goals (Resolution 99139).
5 The supply of Green-e certified RECs in the Western U.S. is somewhat limited, and so the price of these RECs tends to be slightly higher than the price of RECs purchased for RPS or Carbon Neutral Plan purposes. 6 Per Senate Bill 100, approved in September 2018:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB100. 7 Under California’s RPS regulations, RECs that are sold independently of the associated energy (i.e., “unbundled RECs”) are categorized as Portfolio Content Category 3 (“Bucket 3”) resources. The volume of Bucket 3 resources that a utility is permitted to use toward its RPS procurement requirements is limited to 10% of the total RPS resources it has procured on or after June 1, 2010.
8 Staff Report 11556: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2020-2/id-11566.pdf 9 Resolution 9913: “Consistent with the City’s Cap and Trade Revenue Use Policy, for Fiscal Years 2021 and 2022, an amount equivalent to at least one-third of the revenues earned from the REC Exchanges would be allocated from the City’s Cap and Trade Reserve to local decarbonization efforts; thereafter the City would prioritize local decarbonization efforts with these funds.” https://www.cityofpaloalto.org/files/assets/public/v/1/city- clerk/resolutions/reso-9913.pdf?t=40151.26
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RECs for Carbon Neutrality
In March 2013, Council approved the Carbon Neutral Plan ( Resolution 9322, 10 Staff Report 355011), directing staff to procure resources to achieve carbon neutrality starting in 2013 within a rate impact limit of 0.15 cents per kilowatt-hour. Council updated the Carbon Neutral Plan in August 2020, changing the City’s methodology for accounting for the carbon emissions of its electric portfolio from an annual methodology to a more accurate hourly methodology ( Staff Report 1155612).
The amount of renewable energy needed to meet carbon neutrality for the electric supply portfolio is highly dependent on hydrological conditions. In dry years, the amount of renewable energy needed will increase, and, conversely, in wet years the City will need less renewable energy to achieve carbon neutrality and it may even have a surplus. For example, CY 2017 was such a wet year that the City ended up with about 369,000 MWh of carbon neutral energy in excess of its load. CY 2018 was much drier, and the City had to purchase a small volume of market power for the year as a result. In a scenario such as this, the City must procure some unbundled RECs to maintain the carbon neutrality of its electricity supplies.
Estimated REC Purchase Volumes
Total annual demand for RECs in the coming years will depend heavily on hydrological conditions.
Over the past four years, REC purchase volumes (for all of the above-mentioned program needs) have ranged from 155,000 to 500,000, with total purchase costs ranging from $746,000 to $2.4 million, as described in Table 1 below. Going forward, there is significant uncertainty regarding the volume of RECs that will be needed as well as the REC market price. If REC prices are higher than expected, hydro conditions are extremely dry, and/or the resources that the City has under long-term PPA do not come online on time, the annual REC purchase cost could exceed recent historical values. Hence, authorizing the City Manager or their designee to transact up to $5 million per year should provide sufficient flexibility to competitively procure REC supplies for the next five years.
Table 1: REC Purchase Volumes & Costs, FY 2021-2024
Fiscal Year Volume Cost $/REC
2021 499,479 $ 1,875,921 $ 3.76
2022 389,115 $ 2,161,284 $ 5.55
2023 448,000 $ 2,397,230 $ 5.35
10 Resolution 9322: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9322- 33835.pdf
11 Staff Report 3550: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2013/final-staff-report-id-3550_electric-supply-portfolio- carbon-neutral-plan.pdf
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2024 155,000 $ 746,400 $ 4.82
Total 1,491,594 $ 7,180,835 $ 4.81
REC Procurement Process
The REC Master Agreements are enabling agreements which prequalify counterparties and establish general terms and conditions under which the City and the supplier will transact and settle transactions. Executing a REC Master Agreement does not commit the City to any transactions with that counterparty.
REC transactions are always carried out through a competitive solicitation process among the suppliers who have executed REC Master Agreements with the City. Staff awards REC purchase contracts to the supplier with the lowest offer price, and awards REC sale contracts to the buyer with the highest bid price. All REC transactions are under the controls established by the City’s Energy Risk Management Policies, Guidelines, and Procedures, and must adhere to the City’s Purchasing requirements.
All REC suppliers are required to satisfy the Western Renewable Energy Generation Information System (WREGIS) protocols and transfer RECs to the City through WREGIS. These protocols ensure the validity of the RECs – verifying that RECs are only counted once and not resold to other buyers.
FISCAL/RESOURCE IMPACT
Funds to procure RECs to meet PAG, RPS Procurement Plan, Carbon Neutral Plan, and REC Exchange Program needs have already been budgeted for fiscal year 2025. Funding for future years will be subject to the appropriation of funds through the annual budget process.
STAKEHOLDER ENGAGEMENT
Utilities staff coordinates with the City Attorney’s Office in negotiating REC Master Agreements and with the Administrative Services Department to transact within the Risk Management Policy and associated Guidelines and Procedures.
ENVIRONMENTAL REVIEW
The adoption of a resolution extending the City Manager’s authority to execute purchases and sales of RECs is not a project subject to California Environmental Quality Act (CEQA) review because adoption of this resolution is an administrative government activity that will not result in any direct or indirect physical change to the environment as a result (CEQA Guidelines section 15378(b)(5)).
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ATTACHMENTS
Attachment A: Resolution
APPROVED BY:
Alan Kurotori, Utilities Chief Operating Officer
Staff: James Stack, PhD., Senior Resource Planner
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Resolution No. _____
Resolution of the Council of the City of Palo Alto Extending the City Manager’s Authority to Execute Transactions under Master Renewable Energy Certificate Purchase and Sale Agreements with Pre-qualified Suppliers at an Annual Expenditure Not Exceeding $5,000,000 During Calendar Years 2025-2030
R E C I T A L S
A. The City of Palo Alto (the “City") provides electricity to residential and commercial customers located within its jurisdictional boundary.
B. The Council established the PaloAltoGreen voluntary renewable energy program (the “PAG Program”) in March 2003.
C. Implementing the PAG Program involves the City’s purchase and sale of renewable energy certificates (“RECs”) to meet the PAG Program's retail customer demands in a competitive manner.
D. California’s Senate Bill 100 (2018) requires all load serving entities to have a Renewable Portfolio Standard (RPS) of at least 60 percent by 2030. RPS enforcement procedures adopted by the California Energy Commission (CEC) allow for limited use of unbundled RECs to meet RPS requirements. In 2011, through Resolution No. 9215, the Council approved the City of Palo Alto’s RPS Procurement Plan, which allows for limited use of unbundled RECs to meet RPS requirements, in adherence to the CEC RPS enforcement regulations.
E. Through Resolution No. 9322, the Council approved a Carbon Neutral Plan for the electric supply portfolio to achieve carbon neutrality in calendar year 2013 with a rate impact not to exceed 0.15 c ents per kilowatt hour. The Carbon Neutral Plan allows for the use of RECs to achieve carbon neutrality.
F. In 2020, through Resolution No. 9913, the Council approved a new procurement strategy whereby the City does not keep all of the output of its long -term, in-state renewable resources, but instead exchanges that output for less expensive out- of-state renewable generation, with the net proceeds used to fund local dec arbonization programs (the “REC Exchange Program”).
G. In 2013, through Resolution No. 9379, the Council delegated authority to the City Manager, or their designee, to execute purchases and sales of RECs to meet the needs of City’s PAG Program, RPS, and Carbon Neutral Plan by negotiating and executing Master Agreements with the following 13 pre-qualified suppliers, in an aggregate amount not to exceed five million dollars ($5,000,000) annually during calendar years 2013 through 2018, inclusive.
1. 3Degrees Group, Inc.
2. Bonneville Environmental Foundation
3. Constellation Energy Commodities Group
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4. EDF Trading North America, LLC
5. Element Markets, LLC
6. Idaho Wind Power Partners 1, LLC
7. Lakeview Green Energy, Inc.
8. Nexant, Inc.
9. NextEra Energy Power Marketing, LLC
10. Pacific Corp.
11. Powerex Corp.
12. Shell Energy North America (US), L.P.
13. Sterling Planet Holdings, Inc.
H. Master Agreements were negotiated and executed with the thirteen suppliers listed above and expenditures for calendar year 2013 through 2018 were within the delegated annual expenditure amount.
I. In 2016, through Resolution 9652, the City Council approv ed a Standard Form Master REC Agreement that incorporates the contract terms and conditions required in City of Palo Alto Municipal Code Section 2.30.340(c). As a result, new REC suppliers are able to execute the Standard Form Master REC Agreement with the City after staff determines that they are qualified.
J. Through Resolution 9831, Council authorized the City Manager to execute purchases and sales of RECs in furtherance of the City’s PAG Program, RPS, and Carbon Neutral Plan with pre -qualified suppliers via Master Agreements during calendar years 2019 through 2024, inclusive.
K. In October 2019, through Resolution 9863, Council approved an updated Master REC Agreement and modified the approval process for individual agreements such that Council approval of individual REC Master Agreements is no longer required where Council has authorized the City Manager to award and sign REC contracts with qualified, eligible counterparties, as described in Palo Alto Municipal Code Section 2.30.340(c).
L. Since Resolution 9652 was approved in 2016, the City has executed new REC Master Agreements with the following 11 suppliers:
1. Renewable Power Strategies, LLC
2. ACT Commodities Inc.
3. STX Commodities LLC
4. Anew Environmental, LLC
5. AQC Environmental Brokerage Services, Inc.
6. Ecohz, Inc.
7. GO2 Markets, Inc.
8. Verdant Energy Services LLC
9. Bridge to Renewables, LLC
10. SCB Brokers LLC
11. Carbon Solutions Group, LLC
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M. Extension of the authority delegated to the City Manager under Resolution No. 9831 is needed to implement the City’s PAG Program, RPS Procurement Plan, Carbon Neutral Plan, and REC Exchange Program.
The Council of the City of Palo Alto does hereby RESOLVE, as follows:
SECTION 1. The Council hereby authorizes the City Manager, or their designee, to execute purchases and sales of RECs in furtherance of the City’s PAG Program, RPS Procurement Plan, Carbon Neutral Plan, and REC Exchange Program with pre-qualified suppliers via Master Agreements. The aggregate REC transactions shall not exceed the annual expenditure amount of five million dollars ($5,000,000) during calendar years 2025 through 2030, inclusive.
SECTION 2. The Council finds that the adoption of this resolution extending the City Manager’s authority to execute purchases and sales of RECs is not a project subject to California Environmental Quality Act (CEQA) review because adoption of this resolution is an administrative government activity that will not result in any direct or indirect physical change to the environment as a result (CEQA Guidelines section 15378(b)(5)).
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ___________________________ Deputy City Attorney City Manager
___________________________
Director of Utilities
___________________________
Director of Administrative Services
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: January 13, 2025
Report #:2411-3775
TITLE
Approval of Contract Amendment #5 to Contract C17164727 with Professional Account Management, LLC, dba Duncan Solutions, for Parking Enforcement in the Amount of $132,000 to extend the term for one additional year; CEQA Status - Not a Project
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or designee to execute Amendment #5 with Duncan Solutions (C17164727) to extend the contract term by one year, in the amount not to exceed $132,000 to continue parking enforcement services. This amendment results in a revised total not to exceed contract amount of $992,000.
BACKGROUND
The City of Palo Alto contracted with Duncan Solutions after a competitive solicitation process to facilitate parking citation processing in 2016 for the Police Department (PD)1. The City of Palo Alto Office of Transportation (OOT) maintains a separate residential permit parking program also using Duncan Solutions for citation processing. The contract extension would align the term of the PD contract with Duncan Solutions to the OOT Residential Parking Program contract. The contract extension supports work to purchase, implement, and transfer operations and data to a new or updated management system to ensure proper functionality for the community members upon the completion of a procurement process. A Request for Proposal (RFP) has been published, responses received, and final vendor selection should be next quarter with Council having an opportunity to approve the purchase.
ANALYSIS
Police Department’s contract is set to end December 31, 2024. Aligning the end dates for the contracts of the Police Department and the Office of Transportation with Duncan Solutions would provide additional time to implement a consolidated and more comprehensive parking 1 City Council, December 5, 2016; Agenda item #4; SR #7179 https://portal.laserfiche.com/Portal/DocView.aspx?id=1024&repo=r-704298fc&searchid=3e6c9502-bfdf-430e- 8293-d56f6cff03b6
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management system between the two departments. This would allow both departments to confer on services offered to the community, parking enforcement strategies, and determine one comprehensive provider to include address the operational needs of both OOT and PD. Currently, PD, OOT, and Revenue Collections team in the Administrative Services Department are evaluating bids from several companies through the RFP process, in conjunction with Dixon Resources, a parking subject matter expert. This amendment would align the Police Department contract term with the Office of Transportation (OOT) contract term in preparation for the selection of a parking management vendor and implementation of a city-wide, comprehensive parking strategy, serving both City departments.
FISCAL/RESOURCE IMPACT
This amendment extends the term of the contract for one year and maintains current pricing during that time. Budget is already established.
STAKEHOLDER ENGAGEMENT
This has been coordinated with internal stakeholders and resource experts such as OOT and Dixon Resources Unlimited. The review for a new city-wide comprehensive system is actively in process.
ENVIRONMENTAL REVIEW
Parking Enforcement is not a project and is not subject to CEQA review
ATTACHMENTS
Attachment A: Amendment No. 5 to Contract No. C17164727 APPROVED BY:
Andrew Binder, Police Chief
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Vers.: Aug. 5, 2019
AMENDMENT NO. 5 TO CONTRACT NO. C17164727
BETWEEN THE CITY OF PALO ALTO AND
PROFESSIONAL ACCOUNT MANAGEMENT, LLC
This Amendment No. 5 (this “Amendment”) to Contract No. C17164727 (the “Contract” as defined below) is entered into as of December 30, 2024 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and PROFESSIONAL ACCOUNT MANAGEMENT, LLC, a limited liability company, located at 633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI 53203 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of parking citation processing and collection services, as detailed therein.
B. The Parties now wish to amend the Contract in order to increase compensation by One Hundred Thirty Two Thousand Dollars ($132,000) from Eight Hundred Sixty Thousand Dollars ($860,000) to a new total not-to-exceed amount of Nine Hundred Ninety Two Thousand Dollars ($992,000) with no rate increase and extend the term for an additional twelve (12) months, changing from December 31, 2024 to a new ending term date of December 31, 2025.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C17164727 between CONSULTANT and CITY, dated December 5, 2016, as amended by:
Amendment No.1, dated October 21, 2021
Amendment No.2, dated April 29, 2022
Amendment No.3, dated April 17, 2023
Amendment No.4, dated April 29, 2024
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2. “TERM” of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through December 31, 2025, unless terminated earlier pursuant to Section 19 of this Agreement.”
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SECTION 3. Section 4. “COMPENSATION FOR ORIGINAL TERM” of the Contract is hereby amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, for a total not to exceed amount of Nine Hundred Ninety Two Thousand Dollars ($992,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount with no changes to Exhibit C-1, Schedule of Rates.”
SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “C” entitled “COMPENSATION”, ADDED / AMENDED, REPLACES PREVIOUS.
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
_____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
City Attorney or Designee
PROFESSIONAL ACCOUNT
MANAGEMENT, LLC
By:______________________________
Name:___________________________
Title:____________________________
Attachments:
EXHIBIT C – COMPENSATION, AMENDMENT NO.5, (AMENDED REPLACES PREVIOUS)
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James Kennedy
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EXHIBIT “C”
COMPENSATION, AMENDMENT NO.5
(AMENDED, REPLACES PREVIOUS)
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $110,222.22 per year. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $110,222.22 per year.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $1.35/cite/first three years
(Citation Processing) $1.37/cite/year four
$1.39/cite/year five
Task 2 $0.65/letter/first three years
(Notices Letters – includes postage) $0.68/letter/year four $0.71/letter/year five
Task 3 $1.05/transaction/first three
years
(Internet Payments) $1.07/transaction/year four
$1.09/transaction/year five
Sub-total Basic Services $110,222.22 per year
Total Not-to-Exceed for Basic Services for nine years at $110,222.22, per year.
Maximum Total Compensation $992,000
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: January 13, 2025
Report #:2412-3867
TITLE
Approval of Contract Amendment Number 2 to Contract Number C23183770 with Townsend Public Affairs, Inc. to Extend Term for an Additional Year of Service (the second of four (4) annual options to renew) for State and Federal Legislative Advocacy and Grant Consulting and Compliance Services; CEQA Status - Not a Project
RECOMMENDATION
Staff recommends the City Council approve and authorize the City Manager or designee to execute Amendment No. 2 (Attachment A) to Contract #C23183770 with Townsend Public Affairs, Inc. (TPA) to extend term for an additional year of service and exercise the second of four (4) annual options to renew for State and Federal legislative advocacy services and grant consulting and compliance services. This amendment does not change the total contract not-to- exceed amount of $558,000 over a 5-year period.
BACKGROUND
On February 27, 2023, the City Council approved a contract with Townsend Public Affairs, Inc.
TPA) after the completion of a request for proposals process and extensive City Council discussion1. The City Council approved the contract as a one (1) year contract with four (4) options to renew the contract for one year each. In addition to approving the contract, the City Council also established a time-limited Legislative Matters Ad Hoc Committee which met in 2023.
On December 4, 2023, the City Council approved Amendment 1 with TPA2. The City Council approved the amendment as a one (1) year extension for State and Federal Legislative 1 February 27, 2023 City Council Meeting (Item 9):
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1195 2 December 4, 2023 City Council Meeting (Item 7)
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Advocacy and grant consulting and compliance services after TPA’s first year of successful services.
ANALYSIS
TPA successfully carried forward the City’s legislative advocacy in this second year of the contract as well as expanding the City’s capacity regarding grant applications and management.
Specifically, this year TPA:
Provided more frequent updates to City Council and staff Helped advocate to the Housing and Community Development Department regarding Palo Alto Homekey
Kept the City abreast of potential impacts to the City with pending legislation Drafted the updated legislative guidelines / legislative platform with staff Helped secure grant funding for the City and assisted staff with compliance requirements
Other duties defined in the contract scope of work
Per feedback from the City Council, in the previous amendment (Amendment #1), staff added text to the scope that TPA will, in legislative memos, provide written potential impacts information on select bills that the City Council will consider weighing in on at the State level.
This was added to Amendment #1 and is still within the contract scope for Amendment #2. TPA has done this in their discussions with City Council in 2024 and plan to continue it into 2025.
Accomplishments this year include successful advocacy for the City for Palo Alto Homekey timeline extension, advocacy to Caltrans related to El Camino Real as well as Newell Road Bridge, and assistance with grant applications and tracking throughout the year.
FISCAL/RESOURCE IMPACT
This contract has a not-to-exceed amount of $558,000 with an annual budgeted amount of $186,000 for State and Federal advocacy services and grant application and compliance services; no additional funding is requested in FY 2025. The compensation schedule in Exhibit C clearly delineates the expected funding in a year-by-year format associated with the City Council motion in February 2023. The compensation schedule clarifies how much money will be spent per year on the contract if the City Council exercises the option to renew each year. Staff will include funding of $186,000 in the development of the FY 2026 budget, similar to current funding allocations. Future funding is subject to City Council approval of the FY 2026 Adopted Operating Budget. The rate continues to be the per month retainer cost of $15,500 for all three service areas/tasks (State, Federal, and grants) with no additional fees.
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STAKEHOLDER ENGAGEMENT
During this current contract year, staff regularly met with TPA to discuss relevant State and Federal legislation and updates. Staff also met with TPA to discuss grant opportunities and compliance. These meetings included staff from a variety of City departments.
ENVIRONMENTAL REVIEW
Approval of this contract is not a project under the California Environmental Quality Act (CEQA), as it is an administrative activity that will not result in direct or indirect changes in the environment (CEQA Guidelines 15378(b)(5).).
ATTACHMENTS
Attachment A: Amendment #2 to Contract #C23183770 with Townsend Public Affairs APPROVED BY:
Ed Shikada, City Manager
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AMENDMENT NO. 2 TO CONTRACT NO. C23183770
BETWEEN THE CITY OF PALO ALTO AND
TOWNSEND PUBLIC AFFAIRS, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C23183770 (the “Contract” as defined below ) is entered into as of December 30, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TOWNSEND PUBLIC AFFAIRS , INC, a California Corporation, located at 1401 Dove Street, Ste. 330, Newport Beach, California, 92660 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of representing CITY in all federal and state legislative advocacy matters including grant seeking and funding advocacy, as detailed therein.
B. The Parties entered into Amendment No.1 in order to update the scop e of services, revise the compensation schedule, and extend the contract term by twelve months through December 31, 2024, without any additional cost to the CITY, as detailed therein.
C. The Parties now wish to amend the Contract in order to (1) extend the contract term by an additional twelve -month period through December 31, 2025, and (2) revise the compensation schedule to reflect the extension , at no additional cost to the CITY, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C23183770 between CONSULTANT and CITY, dated January 1, 2023, as amended by:
Amendment No.1, dated November 2, 2023
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2, Entitled “TERM” of the Contract is hereby amended to read as follows:
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“The term of this Agreement shall be from the date of its full execution through December 31, 2025, with the option to extend for two (2) more periods of one (1) year each, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. CITY shall notify CONSULTANT of its intent to exercise its option to renew in writing no later than ninety (90) days before the end of the term of this Agreement.”
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “C” entitled “ COMPENSATION, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
TOWNSEND PUBLIC AFFAIRS, INC.
Officer 1
By:
Name: Christopher Townsend
Title: President
Officer 2
By:
Name: Christopher Townsend
Title: Secretary
Attachments:
EXHIBIT C: “COMPENSATION, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS)
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EXHIBIT C
COMPENSATION, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C -1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE – Annually and Total
TASK Year 1
(2023)
Year 2
(2024)
Year 3
(2025)
Year 4
(2026 – If
approved)
Year 5
(2027 – If
approved)
NOT TO
EXCEED
AMOUNT
Task 1
(Grant Consulting and
Compliance Services)
$48,000
($4,000/mo) $48,000 $48,000 $48,000 $48,000 $240,000 Task 2
(Federal Legislative
Advocacy Services)
$72,000
($6,000/mo)
$72,000 $72,000 $72,000 $72,000 $360,000
Task 3
(State Legislative
Advocacy Services)
$114,000
($9,500/mo)
$114,000 $114,000 $114,000 $114,000 $570,000
Less: Discount for
Bundled Cost Structure
(Tasks 1, 2, and 3)
($48,000)
($4,000/mo)
($48,000) ($48,000) ($48,000) ($48,000) ($240,000.00)
Sub-total for Services $186,000 $186,000 $186,000 $186,000 $186,000 $558,000.00 Reimbursable Expenses
(if any) $0 $0 $0 $0 $0 $0.00
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Total for Services and
Reimbursable
Expenses
$186,000 $186,000 $186,000 $186,000 $186,000 $558,000.00 Additional Services (if
any, per Section 4) $0 $0 $0 $0 $0 $0.00
Maximum Total
Compensation $186,000 $186,000 $186,000 $186,000 $186,000 $558,000.00
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in -house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
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Certificate Of Completion
Envelope Id: 00996123627A439DBD5A122E64B46C0E
Status: Completed
Subject: Complete with Docusign: FINAL C23183770 Townsend Amendment #2.pdf Source Envelope:
Document Pages: 5
Signatures: 2
Envelope Originator:
Certificate Pages: 2
Initials: 0
Alice Harrison
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 71.204.184.225
Record Tracking
Status: Original
12/13/2024 4:21:49 PM
Holder: Alice Harrison
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Palo Alto
Location: DocuSign
Signer Events
Signature
Timestamp
Christopher Townsend
[email protected]
President & Secretary
Townsend Public Affairs, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 72.219.129.141
Signed using mobile
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Signed: 12/15/2024 1:53:55 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Amanda Conklin
[email protected]
Business Manager
Townsend Public Affairs, Inc.
Security Level: Email, Account Authentication
(None)
Sent: 12/15/2024 1:53:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ingrid Velasquez
[email protected]
Administrative Assistant
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 12/15/2024 1:53:57 AM
Viewed: 12/16/2024 9:04:30 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Carbon Copy Events
Status
Timestamp
Chantal Gaines
[email protected]
Assistant to City Manager
City of Palo Alto
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: January 13, 2025
Report #:2412-3936
TITLE
Retail Committee Recommendation to: (1) Revise the Fiscal Year 2025 Budget Appropriation at Mid-Year to Enhance Cleanliness Efforts in Both Downtowns; (2) Revise the Ongoing Parklet Regulations to Require Consent to Expand Beyond Own Frontage; and (3) Refer Staff to Follow- up on Revising the Temporary Use Zoning Rules and Exploring Improvements to Downtown Infrastructure and Experience
RECOMMENDATION
The Ad Hoc Retail Committee recommends that the City Council confirm direction to staff to:
1. Revise the Fiscal Year 2025 Budget Appropriation at Mid-Year to enhance cleanliness efforts in both downtown areas, as outlined in attachment A included with this report
2. Revise the ongoing parklet program so that parklets’ extensions into adjacent frontages may only occur with the consent of the adjacent property owner
3. Refer staff follow-up on the below items recommended by the Retail Committee:
a. Developing a revision to the temporary use permit rules b. Exploring a plan for improvements to downtown infrastructure and experience
BACKGROUND AND ANALYSIS
During the December 18 Ad Hoc Retail Committee meeting1, the committee reviewed the recommendation presented by staff following the November Study Session on addressing retail vacancies in the University Avenue Downtown. The recommendation following the study session included efforts to enhance cleanliness in the downtowns, potential revisions to the 1 December 18 Retail Committee Agenda:
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ongoing parklet program, and potential opportunities to better facilitate temporary uses.
Following the discussion, the committee unanimously approved the following motion2:
1. Recommend that Council revise the Fiscal Year 2025 Budget Appropriation at Mid- Year to enhance cleanliness efforts in both downtowns as described in the staff report.
2. Recommend that Council revise the ongoing parklet policy so that parklets extension into adjacent frontages may only occur with adjacent property owner’s consent
3. Recommend that Staff develop a revision to the temporary use permit rules designed to incentivize short term activation, taking into account fees, duration, code compliance, signs, aesthetics, as well as a plan for who will be the point of contact for business operators and Real Estate brokers seeking to fill such vacant storefronts
4. Request staff to explore a plan for:
a. promotion of the character of downtown
b. temporary parking needs and locations
c. other medium term physical improvements
The full video3 of the committee confirmation is available on the Retail Committee website4.
The memorandum includes the Retail Committee Staff Report to provide additional context.
The proposed recommendations are intended to support efforts to address retail vacancies.
If approved, staff will implement the recommendations of this report through a variety of channels. The recommendation related to enhancing cleanliness will be addressed as part of the Mid-Year budget review. Staff will incorporate specified revisions to the ongoing parklet program at the administrative level. Staff will incorporate discussion of following-up on temporary use permit revisions and exploring a plan for improving downtown infrastructure and experience as part of the 2025 City Council priority-setting discussion.
FISCAL/RESOURCE IMPACT
Recommendation #1 relates to the City’s Mid-Year Budget review, which will be considered by the City Council in February. Staff would implement this direction by incorporating it into the staff recommendation to be considered by the City Council at that time. Funding for subsequent years is subject to City Council approval through the annual budget process.
2 Retail Committee Action Minutes:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=15633&compileOutputType =1
3 December 18 Retail Committee Meeting Full Video: https://www.youtube.com/watch?v=GyaPcr1bem4&t=2s 4 Retail Committee Website: https://www.cityofpaloalto.org/Departments/City-Clerk/City-Council- Committees/Retail-Committee
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STAKEHOLDER ENGAGEMENT
Stakeholder engagement has been a key element of the Retail Committee. The City has actively involved, and continues to involve, retailers, restaurant owners, real estate brokers, and residents, many of whom have participated in public comment and panel discussions.
ENVIRONMENTAL REVIEW
The recommendation does not qualify as a project under CEQA.
ATTACHMENTS
Attachment A: Retail Committee Staff Report #2411-3839
APPROVED BY:
Ed Shikada, City Manager
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Retail Committee
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: December 18, 2024
Report #:2411-3839
TITLE
Recommendations to Council and Staff Following the Committee’s November Study Session Addressing Retail Vacancies in the University Avenue Downtown, Including: (1) Enhanced Cleanliness Efforts; (2) Revisions to the Parklet Program; and (3) Increasing Temporary Uses
RECOMMENDATION
Based on feedback from the Council and stakeholders during the November Study Session, staff recommends the Ad Hoc Retail Committee provide feedback on:
a) efforts to enhance cleanliness in the downtowns
b) potential revisions to the ongoing parklet program
c) potential opportunities to better facilitate temporary uses
BACKGROUND
The Ad Hoc Retail Committee has met regularly since its creation in December 2023. It became a Brown-Act body in March 2024 and has met monthly, with the exception of June and July.
Discussions about retail vacancies have arisen in multiple Committee meetings, and staff identified a focused study session on this topic could help advance any recommendations from the Committee to the full Council.
During the October Ad Hoc Retail Committee meeting, the committee and staff discussed how to facilitate a study session in November to address retail vacancies in the University Avenue downtown. The discussion included potential areas for consideration, such as the entitlement (planning) and development process, uncertainty around plans and parking, trends in brick-and- mortar retail, a potential vacancy tax, interim activation of vacant storefronts, and the business improvement district. Potential structures, formats, and participant outreach for the study session were also discussed.
After receiving direction at the October meeting, staff convened a study session to address retail vacancies along University Avenue in Downtown Palo Alto on November 20, 2024. This Item 7
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session focused on the City’s permitting process, the retail landscape, opportunities for greater partnership with the private sector, and the activation of vacant storefronts.
During the November Study Session, the Ad Hoc Retail Committee held a panel discussion with stakeholders to address retail vacancies along University Avenue in downtown Palo Alto. The panel was facilitated by Aaron Aknin from the Good City Company and included:
•Brad Ehikian, Partner at Premier Properties;
•Matt Sweeney, Executive Director at The Econic Company; •Steve Levy, Palo Alto resident and Director & Senior Economist for Center for Continuing Study of the California Economy;
•John Shenk, with Thoits Bros., Inc.;
•Charlie Weidanz, CEO of the Chamber of Commerce; and
•Faith Bell, owner of Bell's Books.
There was also robust public engagement featuring perspectives from additional stakeholders, including Elizabeth Wong, Roxy Rapp, Georgie Gleim, and Whitney Denson.
This report follows up on three key areas that emerged as particularly significant during the study session: enhanced cleanliness efforts, revisions to the parklet program, and the expansion of temporary uses.
ANALYSIS
This section provides context for the discussion about enhanced cleanliness efforts, potential revisions to the ongoing parklet program, and potential opportunities to better facilitate temporary uses.
Enhanced Cleanliness Efforts
Enhanced cleanliness efforts for the University Avenue commercial core emerged as an important need in early 2024. Public Works began initial efforts to provide a greater level of service in March 2024 and has since scaled efforts. Unfortunately, both the mechanism for much of this enhanced cleaning (overtime of existing staff) and the funding source are not resourced for long-term continuity. The following information provides an update on the base level of services previously provided by Public Works, including costs, services, and delivery (in- house or contractual) as well as the enhanced services that Public Works has provided since March 2024. Whether and how to continue the enhanced cleaning efforts will need to be discussed as part of the FY 2026 Operating Budget development, if not sooner.
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Base Service Levels and Costs:
Cleaning activities and costs for the University Ave and California Ave downtowns are part of the City’s operating budget. Public Works manages the cleaning activities, which includes services delivered both through in-house staff and contracted vendors. Cleaning services performed include: street sweeping, pressure washing, litter removal, emptying of garbage containers, cleaning garbage can surfaces, lids, and liners, surface cleaning of news racks and furniture, biohazard debris clean-up, and graffiti, poster, and sticker removal.
The total amount spent on cleaning services at the base level is approximately $94,000 per month: $56,000 for contractors and $38,000 for in-house staff. This is broken down by service and delivery below:
•$30,000 is the monthly cost for contracted street sweeping, which takes place three times a week in the University Avenue and California Avenue downtowns1 and once per week in garages.
$17,000 is the monthly cost for the 80 in-house staff hours per week sweeping in parking lots not covered by contracts and manual blowing to supplement the contracted sweeping.
•$11,000 is the cost per month for pressure washing, which takes place monthly on University Avenue and monthly for part of the year (May through October) on California Avenue
There is no in-house support for pressure washing
•$15,000 per month is the cost for surface cleaning and litter removal through the Downtown Streets Team, which includes 104 hours of labor week on these cleaning activities
There is an additional $17,000 per month spent on in-house staff for these activities.
There is an additional 20 hours of in-house staff time per week spent on graffiti, poster, flyer and sticker removal at a cost of approximately $4,000 a month.
Enhanced Service Levels and Marginal Costs:
Public Works has been able to leverage overtime and reassign staff to enhance services and accomplish a greater level of downtown cleanliness since March 2024. These enhanced service levels include additional litter removal, surface cleanings, and additional manual leaf-blowing.
The City has also worked with its pressure washing contractor to add an additional cleaning per month, doubling the cleanings per month from one to two. The total amount spent on these is 1 The Car-Free portion of California Avenue is swept once a week; the rest of the California Avenue commercial core is swept three times a week.
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an additional $28,500 per month broken down by service and task, the majority of which is overtime labor hours of in-house staff.
•$25,000 in marginal costs for in-house staff to provide enhanced litter removal and surface cleaning of trash cans, news racks, furniture, and biohazard debris clean-up •$1,000 in marginal costs for in-house staff for additional blowing •$2,500 in marginal costs for the contractor to provide an additional pressure washing of University Avenue
Staff is closely monitoring the funding and sustainability of these efforts and may bring forth recommended budget adjustments for FY 2025 if appropriate and needed. Ongoing conversations with downtown stakeholders about their desire to maintain enhanced cleaning services will inform potential options and the policy discussion to follow about what levels of service the City can provide at what cost.
Potential Revisions to Ongoing Parklet Program
Balancing the competing interests of restaurants and retailers as part of the ongoing parklet program was a recurring topic at the November study session. The Ad Hoc Retail Committee heard from brokers, property owners, and retailers on the importance of ‘certainty’ when it comes to the frontage of their properties and stores. In previous parklet discussions, restauranteurs have described how parklets have been an effective means of attracting and retaining customers.
As part of the ongoing parklet program2, parklets are allowed to extend beyond their store’s frontage without a letter of consent from the neighboring store so long as they do not have a roof. Constructing a roofed parklet beyond a stores’ frontage requires a letter of consent from the neighboring business. This represented an approach that attempted to minimize visibility impacts on neighboring retailers.
At the November study session, stakeholders and partners from the private sector voiced their perspective that this approach did not do enough to minimize adverse impacts on retailers.
Retail stakeholders said they were concerned about the visibility impacts of parklets extending into their frontage, regardless of whether there was a roof or not. Brokers and property owners cited the prospective uncertainty about a parklet, even unroofed, extending into a frontage as a barrier for siting tenants in vacant storefronts. They noted that ‘visibility’ and certainty of that visibility is a key issue for many prospective tenants that they talk to.
Retail vibrancy in the City’s commercial cores is an important part of the City’s economic development strategy and of the City Council’s priority of Economic Development and 2 Ongoing Parklet Program: https://www.cityofpaloalto.org/Departments/Public-Works/Engineering- Services/Ongoing-Parklet-Program
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Transition. In response to the issues raised by retailers and other stakeholders during the November Study session, staff proposes revising the ongoing parklet program to better balance the competing needs of restaurants and retailers.
Revising what space parklets can use is a policy decision last decided by Council, and staff seeks feedback from the Retail Committee on the potential for revision. If revisions are pursued, certain key dimensions of the future policy discussion could include:
•Should parklet extension in front of adjacent frontages be more limited, such only with adjacent owners’ consent?
•If so, should existing parklets be allowed to remain until permit renewal, or other date? •How should this affect the development of outdoor dining guidelines for the car-free street portions of Ramona Street and Cal. Ave?
Potential Opportunities to Better Facilitate Short-Term Activations Encouraging short-term activations of vacant tenant spaces or opportunities for startup companies to engage patrons to demonstrate or receive feedback on a product or service was another topic that emerged at the November study session. Currently, the City has limited regulatory tools available currently to facilitate such activations.
A Temporary Use Permit (TUP), can typically be issued for certain uses or activities, but the duration is limited to 45 days. Processing these applications also takes two or more weeks depending on what is proposed and costs about $1,800 to process. These constraints preclude this process from being the most effective means to advance a pop-up store or similar temporary startup space, but it is a mechanism that is currently available.
Establishing regulations that better facilitate short-term activation requires consideration of several components including:
Duration:
Defining a maximum time period and potential allowances for extension is an important part of any program to encourage temporary uses that don’t otherwise comply with existing zoning requirements.
Application Requirements and Fee Level:
This needs to scale with the extent of the activation and the need for tenant improvements, while balancing the desire for applicants to move quickly with low fees.
Building and Safety Codes:
The state building code does not distinguish between temporary and long-term uses or occupancies. Pop-ups must adhere to building codes, including fire safety, occupancy limits, plumbing and emergency exit requirements. Electrical work or other trade work, even temporary installations, require a permit. The change in occupancy from how the tenant space Item 7
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was designed to how it is intended to be used on a temporary basis will influence the permitting requirements, application processing time and costs, which all escalate based on complexity. Establishing temporary food uses raises other regulatory requirements from the County Health Department.
Signs and Aesthetics:
Through a TUP application, a temporary sign can be placed on a site, however, for longer duration uses, changes to the City’s local regulations would be required. Signage and other aesthetic considerations, such as product placement in the public right-of-way are key considerations to draw attention to a temporary use. Evaluating how these requirements apply, or differ, from those for long-term uses requires careful consideration to avoid adverse impacts on the commercial environment.
Implementing a pop-up / startup program will require some time but could be initiated more quickly through a pilot program. This would require an interim ordinance and policy direction on some of the issues above. During this time, staff can continue to evaluate implications related to the building code and other technical requirements. The intent would be to create a program that facilitated the ease and transition of temporary uses in vacant storefronts and at a low cost.
This effort is not currently programed into the Planning and Development Services department workplan and if directed by Council, will require reprioritization of other policy work when discussed early next year as part of the Council annual prioritization process.
FISCAL/RESOURCE IMPACT
The discussion of the items in this report does not require additional funding. Any additional costs arising from feedback and discussion with the Retail Committee will be further refined and brought forward for consideration by the City Council, either as discrete items or as part of the development of the FY 2026 Operating Budget.
STAKEHOLDER ENGAGEMENT
Staff conducted outreach to business in the downtown commercial core along with specific outreach to parklet operators and outreach to retailers and participants in the November Study Session panel. This Retail Committee meeting was also promoted through the City’s monthly ‘Business Connect’ newsletter.
ENVIRONMENTAL REVIEW
The discussion does not qualify as a project under CEQA.
ATTACHMENTS
None.
APPROVED BY: Ed Shikada, City Manager
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: January 13, 2025
Report #:2412-3864
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly (FIRST READING: December 2, 2024 PASSED 7-0)
BACKGROUND
The City Council heard this item on December 2, 2024 for a first reading and approved it on a 7- 0 vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.
ATTACHMENTS
Attachment A - Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly APPROVED BY:
Mahealani Ah Yun
Item 8
Item 8 Staff Report
Item 8: Staff Report
Pg.
1 Packet Pg. 86 of 227
NOT YET APPROVED Attachment A
118_20241018_ts24 1
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. The City has several statutory boards and commissions. See Palo Alto Municipal Code Chapters 2.18 et seq.;
B. Existing PAMC section 2.16.070 requires that the City Council make regularly-scheduled appointments to boards and commissions in April of each year; C. The City Council intends to move the appointment process to November for three commissions: the Public Art Commission, the Human Relations Commission, and the Parks and Recreation Commission; and
D. The City Council intends that the extensions of terms made in this ordinance are in addition to those made in Ordinance 5529 that were effective January 1, 2022.
SECTION 2. Section 2.16.070 (Schedule of appointments) of Chapter 2.16 (Boards and Commissions Generally) of Title 2 (Administrative Code) is hereby amended as follows (additions are in underline, deletions are in strikethrough):
2.16.070 Schedule of appointments.
(a) The City Council shall review applications to fill vacancies in the following boards and commissions in by April of each year:
(1) Human Relations Commission (Chapter 2.22)
(2) Public Art Commission (Chapter 2.18)
(31) Utilities Advisory Commission (Chapter 2.23)
(42) Architectural Review Board (Chapter 2.21)
(53) Historic Resources Board (Chapter 2.27)
(6) Parks and Recreation Commission (Chapter 2.25)
(74) Planning and Transportation Commission (Chapter 2.20) (b) The City Council shall review applications to fill vacancies in the following boards and commissions by November of each year:
(1) Public Art Commission (Chapter 2.18)
(2) Human Relations Commission (Chapter 2.22)
(3) Parks and Recreation Commission (Chapter 2.25)
Item 8
Attachment A - Ordinance
Amending Sections Title 2
(Administrative Code) to
Move the Appointment of
Members of the Public
Art Commission, Human
Relations Commission,
and Parks and Recreation
Commission to November
of Each Year and
Extending Existing Terms
Accordingly
Item 8: Staff Report
Pg.
2 Packet Pg. 87 of 227
NOT YET APPROVED Attachment A
118_20241018_ts24 2
(bc) The City Council shall fill vacancies in all other boards and commissions, if any, in April of each year or at another time, at its discretion.
(cd) The City Council may fill mid -term vacancies during the next regularly scheduled recruitment for the board or commission or may hold a special recruitment, at its discretion.
Special recruitments shall be subject to the requirements of Section 2.16.060.
SECTION 3. Section 2.18.040 (Term of office) of Chapter 2.18 (Public Art Commission) is hereby amended as follows:
2.18.040 Term of office.
Terms of office on the Public Art Commission shall be three years. Effective January 1, 2022, terms of office due to expire on May 31 of each year shall be extended to expire on the March 31 of the following year, and thereafter terms of office shall commence on April 1. Effective January 1, 2025, terms of office due to expire on March 31 of each year shall be extended to expire on October 31 of the same year, and thereafter terms of office shall commence on November 1. If a successor is unavailable, a member may remain in office until his or her successor is appointed, subject to the limits in Section 2.16.080.
SECTION 4. Se
ction 2.22.020 (Term of office) of Chapter 2.22 (Human Relations Commission) is hereby amended as follows:
2.22.020 Term of office.
Terms of office on the Human Relations Commission shall be three years. Effective January 1, 2022, terms of office due to expire on May 31 of each year shall be ex tended to expire on the March 31 of the following year, and thereafter terms of office shall commence on April 1.
Effective January 1, 2025, terms of office due to expire on March 31 of each year shall be extended to expire on October 31 of the same year, and thereafter terms of office shall commence on November 1. If a successor is unavailable, a member may remain in office until his or her successor is appointed, subject to the limits in Section 2.16.080.
SECTION 5. Section 2.25.030 (Term of office) of Chapter 2.25 (Parks and Recreation Commission) is hereby amended as follows:
2.25.030 Term of office.
Terms of office on the parks and recreation commission shall be three years. Commission appointments shall be staggered so that in each three -year cycle three members are appointed to serve during the first year, four members are appointed to serve during the second year, and no members are appointed to serve during the third year. Effective January 1, 2022, terms o f office due to expire on December 15 of each year shall be extended to expire on March 31 of the following year, and thereafter terms of office shall commence on April 1. Effective January 1, 2025, terms of office due to expire on March 31 of each year sh all be extended to expire on Item 8
Attachment A - Ordinance
Amending Sections Title 2
(Administrative Code) to
Move the Appointment of
Members of the Public
Art Commission, Human
Relations Commission,
and Parks and Recreation
Commission to November
of Each Year and
Extending Existing Terms
Accordingly
Item 8: Staff Report
Pg.
3 Packet Pg. 88 of 227
NOT YET APPROVED Attachment A
118_20241018_ts24 3
October 31 of the same year, and thereafter terms of office shall commence on November 1. If a successor is unavailable, a member may remain in office until his or her successor is appointed, subject to the limits in Section 2.16.080.
SECTION 6. A term of office extended by this Ordinance and/or Ordinance 5529 shall still be considered one term for the purpose of determining term limits under PAMC section 2.16.080 (Term Limits).
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act as it is not a “project” within the meaning of CEQA.
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Item 8
Attachment A - Ordinance
Amending Sections Title 2
(Administrative Code) to
Move the Appointment of
Members of the Public
Art Commission, Human
Relations Commission,
and Parks and Recreation
Commission to November
of Each Year and
Extending Existing Terms
Accordingly
Item 8: Staff Report
Pg.
4 Packet Pg. 89 of 227
NOT YET APPROVED Attachment A
118_20241018_ts24 4
SECTION 9. This Ordinance shall be effective 31 days after adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
City Clerk
____________________________
Director of Community Services
Item 8
Attachment A - Ordinance
Amending Sections Title 2
(Administrative Code) to
Move the Appointment of
Members of the Public
Art Commission, Human
Relations Commission,
and Parks and Recreation
Commission to November
of Each Year and
Extending Existing Terms
Accordingly
Item 8: Staff Report
Pg.
5 Packet Pg. 90 of 227
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: January 13, 2025
Report #:2412-3929
TITLE
SECOND READING: Adoption of an Ordinance Approving a Plan for Park Improvements at the City’s Baylands for Santa Clara Valley Water District's Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic: Retrofit and Rehabilitation Project; Approval of Addendum to the Mitigated Negative Declaration for the Project Prepared by Santa Clara Valley Water District (SCH # 2020090237). (FIRST READING: December 9, 2024 PASSED 7-0)
BACKGROUND
The City Council heard this item on December 9, 2024 for a first reading and approved it on a 7- 0 vote. No changes were made to the ordinance, and it is not before the City Council for a second reading.
ATTACHMENTS
Attachment A - Ordinance Approving a Plan for Park's Improvements at City's Baylands APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 9
Item 9 Staff Report
Item 9: Staff Report
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1 Packet Pg. 91 of 227
Attachment A
*NOT YET APPROVED*
1 122_20241121_ts24
ORDINANCE NO. _____
Ordinance of The Council of The City of Palo Alto Approving a Plan for Park Improvements at the City’s Baylands: Authorizing the Santa Clara Valley Water District’s Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic Retrofit and Rehabilitation Project
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Improvements. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of the Palo Alto Municipal Code (PAMC) require that, before any substantial building, construction, reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor.
(b) The Palo Alto Flood Basin Tide Gate Structure (Structure) is part of the Adobe Creek Loop Trail (Trail). The Structure is located in the City’s Baylands, which is dedicated parkland (See PAMC § 22.08.020 et seq.)
(c) The City of Palo Alto intends to authorize Santa Clara Valley Water District (Valley Water) to perform a seismic retrofit and rehabilitation of the 1957-built Structure. The retrofit intends to reduce seismic vulnerabilities and the rehabilitation aims to extend the existing Structure’s service life. Based on the Conditional Structural Assessment of the existing Structure and reduced functionality, the Structure is planned to be seismically retrofitted and rehabilitated.
(d) The plan of improvements (Plan) shall comprise, as follows:
(1) The Project will install a deep foundation system on each end of the existing Structure consisting of two reinforced concrete pile s topped with a rectangular- shaped reinforced concrete pile cap. The pile cap contains steel dowels to positively connect the deep foundation system to the side of the existing Structure. Select plan sheets showing the in -progress design are attached as Exhibit “A”.
(2) The Project will repair large cracks and spalls in the concrete surface of the existing structure and then apply a Polyester Polymer Concrete (PPC) overlay for added protection. Select plan sheets showing the in-progress design are attached as Exhibit “A”.
(3) The Project will replace the existing 42” tall fence with a new 48” tall fence.
Select plan sheets showing the in-progress design are attached as Exhibit “A”.
Item 9
Attachment A - Ordinance
Approving a Plan for
Park's Improvements at
City's Baylands
Item 9: Staff Report
Pg.
2 Packet Pg. 92 of 227
Attachment A
*NOT YET APPROVED*
2 122_20241121_ts24
(4) The Project will create improved maintenance access from the deck to the flood basin with ladders and an opening in the tra sh rack. Select plan sheets showing the in-progress design are attached as Exhibit “A”. (5) The Project will require temporary closures to portions of the Trail to accommodate construction of the seismic retrofit and rehabilitation work. A diagram illustrating anticipated Trail closures is attached as Exhibit “ B”. If the seismic retrofit and rehabilitation work to the Structure is not constructed, future degradation of the existing Structure will occur and would eventually require closure of the Trail for an unknown duration of time.
(e) The Project described above and as otherwise depicted in the attached exhibits is consistent with “park, playground, recreation or conservation purposes” as required under PAMC section 22.08.020 et seq.
(f) The City Council desires to approve the Plan for the Project described above and as depicted in Exhibit "A" and Exhibit “B”.
SECTION 2. The City Council hereby approves the Plan for construction of the Palo Alto Flood Basin Tide Gate Structure Phase 1: Seismic Retrofit and Rehabilitation Project as described in this Ordinance.
SECTION 3. V alley Water is the Lead Agency for the Project under the California Environmental Quality Act (CEQA). Valley Water performed an Initial Study and determined that a Mitigated Negative Declaration (MND) is the appropriate level of review for the previous Project scope of a Structure replacement. A resolution adopting the Final MND (Resolution) was signed by Valley Water’s Board on April 27, 2021. Since the work for the Seismic Retrofit and Rehabilitation Project is smaller in scope and has less impacts, an addendum to the Final MND has been completed stating that the modifications to the original Structure replacement project will not result in new significant impacts or increase the severity of the already disclosed impacts. On October 22, 2024, Valley Water’s Board considered the addendum to the Final MND and approved the Modified Palo Alto Tide Gate Replacement Project. The CEQA documents are available online from the project website:
https://www.valleywater.org/pafbtidegates.
The City Council finds that the City of Palo Alto is a responsible agency under CEQA for the Project and certifies that it has reviewed and considered the information contained in Valley Water’s MND as updated by the addendum.
Valley Water will apply for new regulatory permits or amend the existing regulatory permits from six resource agencies and will be working with the resource agencies for updated mitigation requirements and permit conditions.
Item 9
Attachment A - Ordinance
Approving a Plan for
Park's Improvements at
City's Baylands
Item 9: Staff Report
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3 Packet Pg. 93 of 227
Attachment A
*NOT YET APPROVED*
3 122_20241121_ts24
SECTION 4. This ordinance shall be effective on the thirty -first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Community Services
Item 9
Attachment A - Ordinance
Approving a Plan for
Park's Improvements at
City's Baylands
Item 9: Staff Report
Pg.
4 Packet Pg. 94 of 227
EXHIBIT A
PAGE 1 OF 4
EXHIBIT A
Item 9
Attachment A - Ordinance Approving
a Plan for Park's Improvements at
City's Baylands
Item 9: Staff Report
Pg.
5 Packet Pg. 95 of 227
EXHIBIT A
PAGE 2 OF 4
EXHIBIT A
Item 9
Attachment A - Ordinance Approving
a Plan for Park's Improvements at
City's Baylands
Item 9: Staff Report
Pg.
6 Packet Pg. 96 of 227
EXHIBIT A
PAGE 3 OF 4
EXHIBIT A
Item 9
Attachment A - Ordinance Approving
a Plan for Park's Improvements at
City's Baylands
Item 9: Staff Report
Pg.
7 Packet Pg. 97 of 227
EXHIBIT A
PAGE 4 OF 4
EXHIBIT A
Item 9
Attachment A - Ordinance Approving
a Plan for Park's Improvements at
City's Baylands
Item 9: Staff Report
Pg.
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EXHIBIT B PAGE 1 OF 2
5000 ft
N ➤ ➤
N
Image © 2024 Airbus
Image © 2024 Airbus
Byxbee Park
Parking Lot
PROJECT LOCATION
Palo Alto Airport
Palo Alto
Flood Basin
HWY 101
San Antonio Rd
±0.8 MILES TRAIL
SEGMENTS CLOSED
FOR 5 MONTHS
(SEPTEMBER 2025
TO JANUARY 2026)
OTHER TRAIL
ROUTES & DETOUR
OPEN ALL THE TIME
Existing Tide
Gate Structure
FLAGGERS WILL BE PRESENT
DURING HEAVY EQUIPMENT
MOBILIZATION/DEMOBILIZATION
⚑
⚑
⚑
FLAGGERS WILL BE PRESENT
DURING HEAVY EQUIPMENT
MOBILIZATION/DEMOBILIZATION
⚑
⚑
Coast Casey
Pump Station
⚑
Embarcadero Rd
E Bayshore Rd
Faber Pl
Adobe Creek
Loop Trail
Bay Trail
TRAIL CLOSURE
Item 9
Attachment A - Ordinance
Approving a Plan for
Park's Improvements at
City's Baylands
Item 9: Staff Report
Pg.
9 Packet Pg. 99 of 227
SIGN SIZE
4’ x 4’
48” x 48”
5’ x 3”
Construction Sign for Palo Alto Flood Basin Project
EXHIBIT B PAGE 2 OF 2
Item 9
Attachment A - Ordinance
Approving a Plan for
Park's Improvements at
City's Baylands
Item 9: Staff Report
Pg.
10 Packet Pg. 100 of 227
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: January 13, 2025
Report #:2412-3932
TITLE
SECOND READING: Adoption of Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws (FIRST READING: December 16, 2024 PASSED 7-0)
BACKGROUND
The City Council heard this item on December 16, 2024 and approved it on a 7-0 vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.
ATTACHMENTS
Attachment A - Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 10
Item 10 Staff Report
Item 10: Staff Report
Pg.
1 Packet Pg. 101 of 227
*NOT YET APPROVED*
0160161_kb2_20241204_ay16
1 Ordinance No.
Interim Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 16 (Building Regulations) and Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Implement Recent State Housing Laws
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. On September 19, 2024, the Governor of the State of California signed Senate Bill 937, effective January 1, 2025. SB 937 allows housing developers to defer payment of impact fees until issuance of a certificate of occupancy and freezes fees at the level in effect at the time of building permit issuance for certain “designated residential development projects,” as defined in the bill.
B. On September 19, 2024, the Governor signed Assembly Bill 2694, effective January 1, 2025. AB 2694 expands the definition of a “senior citizen housing development” in the Density Bonus Law to include a residential care facility for the elderly, as defined.
C. On September 22, 2024, the Governor signed Assembly Bill 3116, effective January 1, 2025. AB 3116 added a definition of “student housing development” to the Density Bonus Law and amended provisions of the Density Bonus Law related to the percentage density bonus and incentives or concessions certain student housing developments must receive.
D. On September 19, 2024, the Governor signed Senate Bill 1211, effective January 1, 2025.
SB 1211 allows up to 8 detached accessory dwelling units (ADUs) on parcels with existing multifamily development and provides that cities can no longer require replacement parking for uncovered parking spaces that are removed for an ADU.
E. On September 19, 2024, the Governor signed Senate Bill 450, effective January 1, 2025.
SB 450 amends SB 9 (codified at Sections 65852.21 and 66411.7 of the California Government Code) to create a 60-day timeframe for approval or denial of an SB 9 application and requires that SB 9 projects be subject to only those objective standards that apply uniformly in the underlying zone.
F. There is insufficient time for consideration of and recommendation on the necessary amendments to Title 18 by the Planning and Transportation Commission (PTC) prior to action by the City Council. The Council therefore declares that an interim ordinance, pursuant to Palo Alto Municipal Code (PAMC) Section 18.80.090 is an appropriate measure, pending consideration of a permanent ordinance by the PTC.
Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
2 Packet Pg. 102 of 227
2 SECTION 2. Section 16.64.030 (Deferred Payment) of Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through):
16.64.030 Deferred Payment
For residential development only, payment of a fee may be deferred to the date of final building inspection approval of the development, the development is approved for occupancy. If the development contains more than one dwelling, the fee shall be paid on a pro rata basis for each dwelling when it is approved for occupancy.
The fees may be deferred only if provided the owner of the real property for which the fees are required enters into a recordable agreement with the city prior to issuance of the building permit for the development, which from the date of recordation, shall constitute a lien on the property and shall be enforceable against successors in interest to the property owner. The agreement shall provide that final occupancy approval shall not be given until the fees are paid. The director of planning and development services may execute the agreement on behalf of the city in a form acceptable to the city attorney.
SECTION 3. Section 16.64.040 (Calculation of Fee) of Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through; unchanged text omitted by bracketed ellipses):
16.64.040 Calculation of Fee
A fee shall be payable at the rate specified in the council-adopted municipal fee schedule in effect on the date the fees are paid, except: (1) an that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete., and (2) an applicant that defers fees for a designated residential redevelopment project, as defined in California Government Code Section 66007, may elect to pay the fees in effect at the time of building permit issuance.
SECTION 4. Section 18.15.020 (Definitions) of Chapter 18.15 (Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through; unchanged text omitted by bracketed ellipses):
18.15.020 Definitions
[…]
(w) “Senior citizen housing development” means a Development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et. seq., including 12955.9 in particular), which has been “designed to meet the physical and social needs of senior citizens,” and which otherwise qualifies as “housing for older persons” as that phrase is used in Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
3 Packet Pg. 103 of 227
3 the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as these phrases are used in California Civil Code Sections
51.2, 51.3, and 51.12. For purposes of this Chapter, “senior citizen housing development” includes a shared housing building development and a residential care facility for the elderly, as defined in California Health and Safety Code Section 1569.2.
[…]
(y) “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
“Shared housing unit” for purposes of a residential care facility for the elderly, as defined in California Health and Safety Code Section 1569.2, includes a unit without an individual kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the “minimum room area” requirements specified in Section R304 of the California Residential Code.
(z) “Student housing development” means a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.
(y)(aa) "Total units" or "total dwelling units" means a calculation of the number of units that:
(1) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
(2) Includes a unit designated to satisfy an inclusionary zoning requirement of a city, county, or city and county.
For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, "unit" means one shared housing unit and its pro rata share of associated common area facilities.
(z)(ab) "Very low vehicle travel area" means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, "area" may include a travel analysis zone, hexagon, or grid. For the purposes of determining "regional vehicle miles traveled per capita" pursuant to this paragraph, a "region" is the entirety of incorporated and unincorporated areas governed by a multi- county or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
4 Packet Pg. 104 of 227
4 SECTION 5. Section 18.15.030 (Density Bonuses) of Chapter 18.15 (Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through; unchanged text omitted by bracketed ellipses):
18.15.030 Density Bonuses
This section describes the density bonuses that will be provided, at the request of an applicant, when that applicant provides restricted affordable units as described below.
[...]
(c) The city shall grant a thirty-five percent (35%) density bonus when an applicant for a student housing development of five (5) or more dwelling units seeks and agrees to construct in accordance with the requirements of this section and Government Code Section 65915: (1) At, in which at least twenty percent (20%) of the total dwelling units will be restricted and used for lower income students. For each one percent (1%) increase in the percentage of restricted lower income units between twenty and twenty-four percent (20-24%) of total units, a development will receive an additional three and three-quarters percent (3.75%) density bonus up to fifty percent (50%) of the maximum residential density.
(2) (1) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this subparagraph means one rental bed and its pro rata share of the associated common area facilities. The units described in this subparagraph shall be subject to an affordability restriction of 55 years, which shall not tie any rental bed reserved for lower income students to a specific bedroom. Notwithstanding any other law, an affordability restriction provision, state or county law or policy, or property management policy shall not prevent a lower income student from sharing a room or unit with a non-lower income student. Any attempted waiver of the requirements of this clause is void as against public policy. (3) (2) All units will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. (4) (3) The applicant must submits evidence that the applicant entered into an operating agreement or master lease with one or more institutions of higher education for the institution(s) to occupy all units of the student housing development with students from that institution(s) or has established a system for confirming its renters’ status as students to ensure that all units of the student housing development are occupied with students from an institution of higher education.
(5) (4) The rent provided in the applicable units of the development for lower income students shall be calculated at thirty percent (30%) of sixty-five percent (65%) of the area median income for Santa Clara County for a single-room occupancy unit type. (6) (5) The applicant will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.
(6) The student housing development must not be located on a site that pursuant to Section 65915(c)(3) of the California Government Code would require replacement units for projects with Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
5 Packet Pg. 105 of 227
5 greater than a 35 percent density bonus.
[…]
(i) An Except as provided in subsection (c)(6) of this Section, an applicant (or project) shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the City’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
(1) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in Section 18.15.030. (2) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
[…]
SECTION 6. Section 18.15.050 (Development Concessions and Incentives) of Chapter 18.15 (Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through; unchanged text omitted by bracketed ellipses):
18.15.050 Development Concessions and Incentives
This section includes provisions for providing concessions or incentives pursuant to Government Code Section 65915.
(a) By right parking incentives. Upon request by the applicant, a development that is eligible for a density bonus may provide parking as provided in this subsection (a), consistent with Government Code Section 65915(p), inclusive of parking for persons with a disability and guests:
(1) Zero to one bedroom unit: one on-site parking space; (2) Two to three bedroom unit: one and one-half on-site parking spaces; (3) Four or more bedroom unit: two and one-half parking spaces.; (4) One bedspace in a student housing development: zero parking spaces.
If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, this parking may be provided through tandem parking or uncovered parking, but not through on-street parking.
[…]
(c) Other incentives and concessions. A development is eligible for other concessions or incentives as follows:
(1) One concession or incentive for a development that makes at least ten percent (10%) of the total dwelling units affordable to lower income households; or at least five percent (5%) of the Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
6 Packet Pg. 106 of 227
6 total dwelling units affordable to very low income households; or at least ten percent (10%) of the total dwelling units affordable to moderate income households in a development in which the units are for sale; or at least twenty percent (20%) of the total units in a student housing development for low income students, as provided for in 18.15.030(c). (2) Two concessions or incentives for a development that makes at least seventeen percent (17%) of the total dwelling units affordable to lower income households; or at least ten percent (10%) of the total dwelling units affordable to very low income households; or at least twenty percent (20%) of the total dwelling units affordable to moderate income households in a development in which the units are for sale; or at least twenty-three percent (23%) of the total units in a student housing development for low income students, as provided for in 18.15.030(c).
SECTION 7. Section 18.42.180 (Standards for Two Units on Single Family Zoned Lots Pursuant to Senate Bill 9) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined; deletions struck-through; unchanged text omitted by bracketed ellipses):
18.42.180 Standards for Two Units on Single Family Zoned Lots Pursuant to Senate Bill 9.
(a) Purpose. This section sets forth special regulations applicable to the construction of two dwelling units on single family lots in the R-1 (and R-1 subdistricts) and R-E zone districts, pursuant to California Government Code Sections 65852.21 and 66411.7 (SB 9, 2021). In the event of a conflict between the provisions of this section and the generally applicable regulations of Chapters
18.10, 18.12, and 18.52-18.80, inclusive, the provisions of this section the more permissive provision shall prevail.
(b) Definitions. As used in this section:
(1) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety or physical environmental standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse, impact. (2) “Sufficient to allow separate conveyance” means the two dwelling units constitute clearly defined, separate, and independent housekeeping units without interior access points to the other dwelling unit.
(3) “Two dwelling units” means the development proposes two new units on a vacant lot or proposes to add one new unit to one existing unit on a lot. This does not include the development of a single dwelling unit on a vacant lot. (4) “Unit” means any dwelling unit, including, but not limited to a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit.
(c) Applicability. When an application is submitted that includes both (1) the construction of two dwelling units under this section and (2) other redevelopment work that is not integral to creation of a new dwelling unit and would generally require discretionary review, only the portions required for construction of dwelling units shall be reviewed ministerially. In addition, this section shall not apply in any of the following circumstances:
Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
7 Packet Pg. 107 of 227
7 (1) Parcels described California Government Code Section 65913.4, subdivisions (a)(6)(B) through (a)(6)(K) inclusive, as that section read on September 16, 2021.
Such parcels include, for example, parcels located in wetlands, in very high fire severity zones (unless the site has adopted certain fire hazard mitigation measures), and in special flood hazard areas or regulatory floodways (unless the site meets certain federal requirements for development).
(2) Parcels on which an owner of residential real property has exercised the owner’s rights under state law to withdraw accommodations from rent or lease within the past 15 years.
(3) The development would require alteration or demolition of any of the following types of housing
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The development would result in the demolition of more than 25 percent of the existing exterior structural walls of a site that has been occupied by a tenant in the last three years.
(5) (4) The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or within a site that is designated or listed on the City’s historic inventory.
(6) (5) The building official finds that the development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided.
(d) Application Process.
(1) The Director is authorized to promulgate regulations, forms, and/or checklists setting forth application requirements for the development of dwelling units under this section.
(2) The City shall ministerially approve or disapprove an application pursuant to this section.
(3) The director of planning shall consider and approve or deny an application for a proposed housing development pursuant to this section within 60 days from the date the City receives a completed application. If the director has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(4) If the director denies an application for a proposed housing development pursuant to this section, the director shall, within 60 days of receipt of the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
8 Packet Pg. 108 of 227
8 (e) Development Standards.
(1) A project proposing two dwelling units on a parcel in the R-1 or RE districts shall be subject to the development standards set forth in Chapters 18.12 and 18.10, respectively except as provided herein.
(2) All construction pursuant to this section shall comply with objective design standards adopted by the City Council for two-story development, except to the extent necessary to construct a unit of 800 square feet. However, an applicant seeking to deviate from the objective design standards (except to the extent necessary to construct a unit of 800 square feet) may elect to submit an application for under the base requirements of Chapters 18.10, or 18.12, including, if applicable, Single Family Individual Review.
(3) If the application of any development standard or design standard would necessarily require that one or more proposed units be less than 800 square feet, such standard shall be relaxed to the minimum extent necessary to allow construction of a unit or units of at least 800 square feet. The Director may publish regulations governing the order in which objective standards shall be waived or relaxed in such circumstances. (4) Setbacks from side and rear property lines, including street-side property lines, shall be no less than four feet, except in the case of existing non-complying structures or structures reconstructed in the same location and to the same dimensions as an existing structure, in which case existing setbacks less than four feet may be maintained. No setback is required from an internal lot line newly created pursuant to Chapter 21.10, for adjacent or connected structures separated by the new lot line, provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(5) Off-street parking shall be provided pursuant to Chapters 18.52 and 18.54. (6) In the event that a project is proposed on a site that has been subject to an Urban Lot Split under Chapter 21.10, and the project would result in three or more detached units across the two parcels created by the urban lot split, any new units shall not exceed 800 square feet.
(7) (6) Accessory structures, such as garages and shed are permitted consistent with the provisions of the zoning district; however, no accessory structure shall have a floor area exceeding 500 square feet.
(8) (7) The Director of Public Works may promulgate standards for adjacent public improvements, such as curb cuts and sidewalks, in relation to development pursuant to this Section.
(f) General Requirements.
(1) A maximum of two units may be located on any parcel that is created by an Urban Lot Split under Chapter 21.10. Accessory dwelling units and junior accessory dwelling units shall not be permitted on any such parcel already containing two units.
(2) On parcels that are not the result of an Urban Lot Split under Chapter 21.10, accessory dwelling units may be proposed in addition to the primary dwelling unit or units, consistent with Chapter 18.09, provided, however, that ADUs associated with projects proceeding under this Section shall not receive any exemption from Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
9 Packet Pg. 109 of 227
9 Floor Area Ratio except to the minimum extent required by California Government Code Section 65852.2.
(3) A rental of any unit created pursuant to this Section shall be for a term longer than 30 consecutive days.
(4) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(5) Each unit shall have a permanent street address.
(6) The owner and all successors in interest in the subject property shall agree to participate in any City survey of properties that have constructed dwelling units pursuant to this Section.
(g) Effective Dates. This section shall remain in effect until such time as Government Code Section 65852.21 is repealed, or superseded, or invalidated by a court of competent jurisdiction, or its requirements for ministerial approval of no more than two units on a single family zoned lot are materially amended, whether by legislation or initiative, at which time this section shall become null and void.
SECTION 8. Chapter 21.10 (Urban Lot Splits) of Title 21 (Subdivisions and Other Divisions of land) of the Palo Alto Municipal Code is amended to read as follows (additions underlined; deletions struck-through):
Chapter 21.10
PARCEL MAPS FOR URBAN LOT SPLITS IN SINGLE-FAMILY ZONES
Section 21.10.010 Purpose
Section 21.10.020 Definitions
Section 21.10.030 Applicability
Section 21.10.040 General Requirements
Section 21.10.050 Application and Review of an Urban Lot Split Section 21.10.060 Effective dates
Section 21.10.010 Purpose
This chapter sets forth special regulations applicable to the subdivision of a single family lot in the R-1 district (and R-1 subdistricts) or R-E district into two new lots, pursuant to California Government Code Section 66411.7 (SB 9, 2021).
Section 21.10.020 Definitions
As used in this chapter:
(a) “Acting in concert” means pursuing a shared goal to split adjacent lots pursuant to an agreement or understanding, whether formal or informal. (b) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety or physical environmental standards, policies, or conditions as they existed on the date the application was deemed Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
10 Packet Pg. 110 of 227
10 complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse, impact.
(c) “Unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 18.42.180, a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit.
(d) “Urban Lot Split” means the subdivision of an existing legal parcel in the R-1 district (and R- 1 subdistricts) or R-E district to create no more than two new parcels of approximately equal area, pursuant to this Chapter and California Government Code Section 66411.7.
Section 21.10.030 Applicability
The provisions of this chapter shall apply only to lots in the R-1 district (and R-1 subdistricts) or R-E zone district. Except as modified by this Chapter, all provisions of Title 21 shall apply to an application for urban lot split. An Urban Lot Split is not available in any of the following circumstances:
(a) A parcel described California Government Code Section 65913.4, subdivisions (a)(6)(B) through (a)(6)(K) inclusive, as that section read on September 16, 2021. Such parcels include, for example, parcels located in wetlands, in very high fire severity zones (unless the site has adopted certain fire hazard mitigation measures), and in special flood hazard areas or regulatory floodways (unless the site meets certain federal requirements for development).
(b) A parcel on which an owner of residential real property has exercised the owner’s rights under state law to withdraw accommodations from rent or lease within the past 15 years. (c) A parcel that was created by prior exercise of an Urban Lot Split. (d) A parcel adjacent to a parcel that was created by prior exercise of an Urban Lot Split by the owner, or a person acting in concert with the owner of the parcel sought to be split. (e) The Urban Lot Split would require alteration or demolition of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years. (f) The Urban Lot Split is located within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or within a site that is designated or listed on the City’s historic inventory. (g) The building official finds that the development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided.
Section 21.10.040 General Requirements
(a) The minimum size for a parcel created by an Urban Lot Split is 1,200 square feet. (b) The lots created by an Urban Lot Split must be of approximately equal area, such that no resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
11 Packet Pg. 111 of 227
11 (c) Where existing dwelling units on the property are to remain, no lot line may be created under this Chapter in a manner that would bisect any structure or that would result in more than two dwelling units on any resulting parcel.
(d) Newly created lot lines shall not render an existing structure noncomplying in any respect (e.g. floor area ratio, lot coverage, parking), nor increase the degree of noncompliance of an existing noncompliant structure.
(e) Each parcel shall comply with any objective lot design standards for Urban Lot Splits adopted by the City Council and consistent with Chapter 66411.7 of the Government Code. (f) Utility easements shall be shown on the parcel map, and recorded prior to, or concurrent with final parcel map recordation.
(g) A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to, or concurrent with final map recordation.
(h) Existing driveways to be demolished shall follow the procedure(s) in 12.08.090 Elimination of abandoned driveway.
(i) A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping and private utilities, prior to final parcel map recordation.
Section 21.10.050 Application and Review of an Urban Lot Split (a) The director of planning is authorized to promulgate regulations, forms, and/or checklists setting forth application requirements for a parcel map for an Urban Lot Split under this Chapter. An application shall include an affidavit from the property owner, signed under penalty of perjury under the laws of California, that:
(1) The proposed urban lot split would not require or authorize demolition or alteration of any of the housing described in Section 21.10.030, subdivision (e). (2) The proposed urban lot split is not on a parcel described in Section 21.10.030. (3) The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map.
(4) The rental of any unit on the property shall be for a term longer than 30 consecutive days.
(5) The resulting lots will be for residential uses only.
(b) A parcel map for an Urban Lot Split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code sections 66444 – 66450 and this Chapter. Unless more specific regulations are adopted by the director of planning, the parcel map shall be in the form and include all of the information required of a Preliminary Parcel Map by Chapter 21.12, as well as any additional information required of a Parcel Map by Chapter 21.16. In addition, the face of the Parcel Map shall contain a declaration that:
(1) Each lot created by the parcel map shall be used solely for residential dwellings. (2) That no more than two dwelling units may be permitted on each lot. (3) That rental of any dwelling unit on a lot created by the parcel map shall be for a term longer than 30 consecutive days.
(4) A lot created by a parcel map under this Chapter shall not be further subdivided.
Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
12 Packet Pg. 112 of 227
12 (c) Upon receipt of a parcel map for an Urban Lot Split, the director of planning shall transmit copies to the city engineer, chief building official, director of utilities, chief of police, fire chief, director of transportation, and such other departments of the city, and any other agencies, as may be required by law or deemed appropriate. (d) The director of planning shall cause a notice of the pending application to be posted at the site of the proposed Urban Lot Split and for notice to be mailed to owners and residents of property within 600 feet of the property.
(e) The director of planning shall ministerially review and approve a parcel map for Urban Lot Split if they determine that the parcel map application meets all requirements of this Chapter. The director of planning shall deny a parcel map application that does not meet any requirement of this Chapter.
(f) The director of planning shall consider and approve or deny an application for an urban lot split within 60 days from the date the City receives a completed application. If the director has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(g) If the director denies an application for an urban lot split, the director shall, within 60 days of receipt of the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(h) (f) The Director of Planning shall determine the appropriate fee required for an application for parcel map for an Urban Lot Split, which may be the fee currently established for a Preliminary Parcel Map or Parcel Map.
Section 21.10.060 Effective Dates.
This chapter shall remain in effect until such time as Government Code Section 66411.7 is repealed or superseded or its requirements for ministerial approval of an Urban Lot Split on a single family zoned lot are materially amended, whether by legislation or initiative, at which time this chapter shall become null and void.
SECTION 9. Section 18.10.040 (Development Standards) of Chapter 18.10 (Low Density Residential (RE, R-2, and RMD) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; and unchanged text omitted by bracketed ellipses):
18.10.040 Development Standards
[…]
(i) Individual Review
The Individual Review provisions of Section 18.12.110 of the Zoning Ordinance shall be applied to any single-family or two-family residence in the R-2 or RMD districts to those sides of a site that share an interior side lot line with the interior side or rear lot line of a property zoned for or used for single-family or two-family dwellings. The individual review criteria shall be applied only to the project’s effects on adjacent single-family and two-family uses. A project that complies with the objective standards for two-story development adopted by the City Council shall not be subject Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
13 Packet Pg. 113 of 227
13 to Individual Review.
[…]
SECTION 10. Section 18.12.040 (Site Development Standards) of Chapter 18.12 (R-1 Single- Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; and unchanged text omitted by bracketed ellipses):
18.12.040 Site Development Standards
[…]
(m) In addition to the standards contained in and referenced in this Chapter, single-family residential development, including the development of a primary residence and one or more accessory dwelling units and development pursuant to California Government Code Sections 65852.21 and 66411.7 shall comply with the objective standards for two-story development adopted by the City Council. However, an applicant seeking to deviate from the objective standards may submit an application for Single Family Individual Review pursuant to Section
18.12.110.
SECTION 11. Section 18.12.110 (Single Family Individual Review) of Chapter 18.12 (R-1 Single- Family Residential District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; and unchanged text omitted by bracketed ellipses):
18.12.110 Single Family Individual Review
[…]
(b) Applicability
The provisions of this Section 18.12.110 apply to the construction that does not comply with the objective standards for two-story development adopted by the City Council. Such projects include construction of a new singly developed two-story structure; the construction of a new second story; or the expansion of an existing second story by more than 150 square feet in the R-1 single family residential district. All second-story additions on a site after November 19, 2001 shall be included in calculating whether an addition is over 150 square feet.
[…]
SECTION 12. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 13. The Council finds that the Ordinance is exempt from the California Environmental Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
14 Packet Pg. 114 of 227
14 Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that updating the municipal code to implement existing changes in preemptive state housing law will have a significant effect on the environment.
SECTION 14. This Ordinance shall be effective on the thirty-first day after the date of its adoption and shall expire on December 31, 2025, unless extended by the City Council or superseded by replacement legislation.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Assistant City Attorney City Manager
Director of Planning and
Development Services
Item 10
Attachment A - Interim
Ordinance of the Council
of the City of Palo Alto
Amending Various
Chapters of Title 16
(Building Regulations) and
Title 18 (Zoning) and Title
21 (Subdivisions and
Other Divisions of Land)
of the Palo Alto Municipal
Code to Implement
Recent State Housing
Laws
Item 10: Staff Report
Pg.
15 Packet Pg. 115 of 227
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Clerk
Meeting Date: January 13, 2025
Report #:2411-3774
TITLE
Discussion regarding State and Federal Legislative Advocacy and Adoption of the Policy and Services Committee Recommendations on the 2025 State and Federal Legislative Guidelines.
RECOMMENDATION
The Policy and Services Committee recommends that the City Council adopt the 2025 State and Federal Legislative Guidelines (Attachment A) and receive a legislative update.
BACKGROUND
As part of the City’s state and federal legislative advocacy program, staff and Townsend Public Affairs, the City’s federal and state legislative advocates, work to identify and analyze potentially impactful legislation and communicate the City’s public advocacy positions to legislators. The program is guided by the Advocacy Process Manual 1 and a City Council-approved set of Legislative Guidelines. The guidelines provide direction to staff and the City’s legislative advocates on issues that are important to the City Council and likely to become a legislative issue.
In consultation with the Mayor, staff use the guidelines to respond to issues throughout the year.
These guidelines allow for flexible and quick responses to emerging issues in the fast-paced legislative environment without returning to the City Council each time an issue arises.
ANALYSIS
Legislative Guidelines
The Policy and Services Committee discussed the 2025 State and Federal Legislative Guidelines at its November 6, 2024 meeting 2 and voted to advance the updated guidelines to the City Council for adoption. Updates reflect Committee direction, topics the City Council has expressed interest in and issues expected to be prominent in the upcoming legislative year. 1 Advocacy Process Manual: https://www.cityofpaloalto.org/files/assets/public/v/1/intergovernmental- affairs/advocacy-manual-updated-jan-2020.pdf
2 Policy and Services Committee, November 6, 2024; Agenda Item 1; Staff Report #2407-3241 https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=15686 Item 11
Item 11 Staff Report
Item 11: Staff Report
Pg.
1 Packet Pg. 116 of 227
Legislative Update
As mentioned above, Townsend Public Affairs are the City’s legislative advocates in Sacramento and Washington, D.C. Townsend’s Update Memo (Attachment B) previews the upcoming legislative year for the state and federal governments, including anticipated issues, budget outlooks, and legislation that may be of interest to the City.
FISCAL/RESOURCE IMPACT
There is no fiscal impact associated with this action. The City Council budgets annually for the legislative advocacy services and these efforts are led by staff in the City Clerk’s Office in close collaboration with the City Manager’s Office with stakeholder support across other City departments on key issues.
STAKEHOLDER ENGAGEMENT
Staff from multiple departments meet regularly with Townsend to discuss legislative actions and advocacy that could impact the City.
ENVIRONMENTAL REVIEW
The City’s legislative advocacy activities are not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical changes in the environment).
ATTACHMENTS
Attachment A - Draft 2025 State and Federal Legislative Guidelines Attachment B - Townsend Public Affairs Update Memo
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 11
Item 11 Staff Report
Item 11: Staff Report
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