HomeMy WebLinkAbout2017-12-11 City Council Agenda PacketCity Council
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Monday, December 11, 2017
Special Meeting
Council Chambers
5:00 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in
the Council Chambers on the Thursday 11 days preceding the meeting.
PUBLIC COMMENT
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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. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item
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HEARINGS REQUIRED BY LAW
Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their
remarks and up to three minutes for concluding remarks after other members of the public have spoken.
Call to Order
Closed Session 5:00-6:00 PM
17. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION
Subject: James Judge Luckey v. City of Palo Alto
Santa Clara County Superior Court Case No. 16CV303728
Authority: Government Code Section 54956.9(d) (1)
Special Orders of the Day 6:00-6:30 PM
1.Adoption of a Resolution Expressing Appreciation to Dave Dockter
for Outstanding Public Service Upon his Retirement
2.Acceptance of Santa Clara County Healthy Cities Initiative Awards
2A. Proclamation Honoring Annette Glanckopf for Outstanding Public
Service
REVISED
2 December 11, 2017
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Agenda Changes, Additions and Deletions
City Manager Comments 6:30-6:40 PM
Oral Communications 6:40-6:55 PM
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of
Oral Communications period to 30 minutes.
Minutes Approval 6:55-7:00 PM
3.Approval of Action Minutes for the November 27 and December 4,
2017 Council Meetings
Consent Calendar 7:00-7:05 PM
Items will be voted on in one motion unless removed from the calendar by three Council Members.
4.Approval and Authorization for the City Manager to Execute
Amendment Number 1 to the Mills Act Historic Property Preservation
Agreement for 900 University Avenue (Squire House) Removing the
Public Tour Requirement Consistent With State Law
5.Adoption of an Ordinance Amending Chapter 2.11 of Title 2 of the Palo
Alto Municipal Code to Reauthorize Public, Education, and Government
(PEG) Access Fees That Will Apply to Comcast as it Provides Service
Under its State Video Franchise
6.Adoption of Three Resolutions: 1) Resolution Amending Evergreen
Park-Mayfield Residential Preferential Parking Program Resolution
9663; and 2) Resolution Amending Southgate Residential Preferential
Parking Program Resolution 9688, Both to Adjust the Number and
Allocation of Employee Parking Permits; and 3) Resolution Establishing
a Two-hour Parking Restriction on the East Side of El Camino Real
Between College Avenue and Park Boulevard and in the Commercial
Zones Adjacent to 1515 El Camino Real and 1638 El Camino Real
(STAFF REQUESTS THIS ITEM BE CONTINUED TO A DATE
UNCERTAIN)
7.Approval of a Three Year Contract With Downtown Streets, Inc. in a
Total Amount Not-to-Exceed $410,616 for Maintenance Services for
the City's Five Downtown Parking Garages, Downtown Sidewalks and
Alleys, Lytton and Cogswell Plaza, the Stanford/Palo Alto Playing
Fields, City Hall and the old Community Garden, and Provide Outreach
Case Management Services to the Downtown Core With the Intent of
Linking Homeless Individuals to Community and Housing Services
MEMO
Q&A
Q&A
3 December 11, 2017
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8.Approval of the Appointment of Robert A. Jonsen as Police Chief and
Approval of Employment Agreement
9.Approval of Amendment Number 1 to Contract Number C16162262
With Biggs Cardosa Associates, Inc., Increasing Compensation in an
Amount Not-to-Exceed $476,893 to Provide Final Design and Right of
Way Services for the Highway 101 Pedestrian/Bicycle Overpass Project
(PE-11011)
10.Adoption of an Ordinance Amending Chapter 16.28 of Title 16 of the
Palo Alto Municipal Code to Revise the Requirements for Dewatering
During Construction of Below Ground Structures
11.Staff Recommendation That Council Adopt a Resolution Extending the
Net Energy Metering (NEM) Program to all Eligible Customer-
Generators Until the City's Total Distributed Generation Demand
Exceeds 10.8MW, or Until December 31, 2017, Whichever Occurs Later
12.Adoption of Updated Salary Schedules per Memorandums of
Agreement (MOAs) for Palo Alto Peace Officers Association (PAPOA),
Palo Alto Police Managers Association (PAPMA), International
Association of Fire Fighters (IAFF) Local 1319, and Palo Alto Fire Chiefs
Association (PAFCA)
13.SECOND READING: Adoption of an Ordinance of the Council of the City
Of Palo Alto Approving and Adopting Plans for Park Improvements to
the Baylands Related to the 101 Bicycle and Pedestrian Bridge.
(FIRST READING: November 27, 2017 PASSED: 9-0)
14.Adoption of an Ordinance Amending Chapters 2.16 (Boards and
Commissions Generally), 2.18 (Public Art Commission), 2.20 (Planning
and Transportation Commission), 2.21 (Architectural Review Board),
2.22 (Human Relations Commission), 2.24 (Library Advisory
Commission) and 2.25 (Parks and Recreation Commission) of Title 2
(Administrative Code) of the Palo Alto Municipal Code to Modify the
Start of Terms on the Boards and Commissions, and accompanying
Code Cleanup in Chapters 2.22 and 2.25
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
7:05-9:15 PM
15.Discuss and Accept the Draft 2018-2020 Sustainability Implementation
Plan (SIP) Key Actions as a Work Program for 2018-2020 and Direct
Staff on Next Steps
Q&A
Q&A
Q&A
MEMO
MEMO
Q&A
4 December 11, 2017
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9:15-10:45 PM
16.Status Update and Discussion of the Roth Building Rehabilitation,
300 Homer Avenue; and Recommendation to Approve a One–year
Extension of the Option to Lease the Roth Building Between the City of
Palo Alto and the Palo Alto History Museum
Inter-Governmental Legislative Affairs
Council Member Questions, Comments and Announcements
Members of the public may not speak to the item(s)
Adjournment
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5 December 11, 2017
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
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Additional Information
Standing Committee Meetings
Sp. Policy and Services Committee Meeting December 12, 2017
City/School Liaison Committee Meeting December 14, 2017
Sp. Council Appointed Officers Committee Meeting December 15, 2017
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Informational Report
Accept Middlefield Road North Traffic Safety Project Mid-Pilot Report
Property Leases Entered Into by the City Manager Under Palo Alto Municipal
Code Section 2.30.310(h), and Reported per Section Code 2.30.710 Fiscal
Year 2017
Boards and Commissions Term End Dates for 2018 (Maddy Act)
City Participation in the FAA's Unmanned Aircraft Systems Integration Pilot
Program
Public Letters to Council
December 11, 2017 December 18, 2017
City of Palo Alto (ID # 8680)
City Council Staff Report
Report Type: Special Orders of the Day Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Resolution Expressing Appreciation to Dave Dockter
Title: Adoption of a Resolution Expressing Appreciation to Dave Dockter for
Outstanding Public Service Upon his Retirement
From: City Manager
Lead Department: Public Works
Recommended Motion
Staff recommends that Council adopt the attached resolution
Attachments:
Attachment A: Resolution Expressing Appreciation to Dave Dockter
Resolution
EXPRESSING APPRECIATION FOR OUTSTANDING PUBLIC SERVICE
TO DAVE DOCKTER UPON HIS RETIREMENT
WHEREAS, Planning Arborist Dave Dockter has conscientiously and professionally served the City of
Palo Alto and the community for 21 years, implementing tree protection and innovative design on construction projects; and
WHEREAS, Dave Dockter authored the City of Palo Alto Tree Technical Manual, which has been used as a
model in communities across the United States; and
WHEREAS, Dave Dockter has served and presented to numerous professional organizations across the United States, establishing Palo Alto as a leader in integrating nature into urban design; and
WHEREAS, Dave Dockter has established bonds of trust and cooperation with residents as well as members of the development community; and
WHEREAS, Dave Dockter has energetically taught, mentored, and coached a generation of professionals,
environmental advocates, and students; and
WHEREAS, Dave Dockter has reviewed and commented on hundreds of development projects, thereby
contributing to an increase in tree canopy across the City of Palo Alto; and
WHEREAS, Dave Dockter has demonstrated a commitment to protect, preserve, and increase awareness and appreciation of our urban forest; and
WHEREAS, Dave Dockter will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Palo Alto, hereby gratefully records and extends its sincere appreciation and acknowledges the community’s appreciation to Planning
Arborist Dave Dockter for 21 years of faithful and excellent service rendered to the City.
INTRODUCED AND PASSED: December 11, 2017
ATTEST: APPROVED:
_______________ _________________ City Clerk Mayor
APPROVED AS TO FORM:
___________________ _________________ City Manager City Attorney
City of Palo Alto (ID # 8756)
City Council Staff Report
Report Type: Special Orders of the Day Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Annette Glanckopf Proclamation
Title: Proclamation Honoring Annette Glanckopf
From: City Manager
Lead Department: City Clerk
Attachments:
Attachment A: Proclamation Honoring Annette Glanckopf
2A
Proclamation
Honoring Annette Glanckopf
WHEREAS, Annette Glanckopf is recognized for her twenty plus years of full-time volunteer
work and generous service to the City of Palo Alto and the surrounding community; and
WHEREAS, Annette is the co-founder of Palo Alto Neighborhoods (PAN) where she heads the
PAN Emergency Preparedness Committee, which has now trained hundreds of citizen volunteer
Neighborhood and Block Preparedness Coordinators; and
WHEREAS, Annette has been instrumental in integrating various emergency services teams and
bringing awareness of emergency preparedness to other community based organizations, faith based
organizations, businesses and schools, as well as teaching multiple training courses and conducting
preparedness drills several times a year; and
WHEREAS, Annette helped form the Palo Alto/Stanford Citizen Corps Council, served on its
Steering Committee, and co-chaired the Safety Fair Committee; and
WHEREAS, Annette is also the co-founder, past Chair and current Chair of the Midtown
Residents Association, where she started and maintains the first neighborhood e-newsletter, led the
efforts to bring public art to Midtown, and played an integral role in the implementation of park
improvements in the Midtown community; and
WHEREAS, Annette has served on many other influential organizations such as the Peninsula
Stroke Association, Leadership Palo Alto, Alumni Association of Leadership Mid-Peninsula, Santa
Clara County EMS Agency, AchieveKids, American Heart Association-Palo Alto Chapter, Palo Alto
Rotary Club, and the Women’s Club; and
WHEREAS, Annette’s greatest strength is her ability to listen to and include all stakeholders and
points of view and to make everyone feel their opinion is valued. Annette is a very kind and thoughtful
person and her generosity is greatly appreciated.
NOW, THEREFORE, I, H. Gregory Scharff, Mayor of the City of Palo Alto, on behalf of the
City Council do hereby honor Annette Glanckopf for her contributions to the City of Palo Alto and
extend our sincerest thanks for her hard work in ensuring our community is a safe and exceptional place
to live.
Presented: December 11, 2017
______________________________
H. Gregory Scharff
Mayor
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
December 11, 2017
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the November 27 and
December 4, 2017 Council Meetings
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
Attachment A: 11-27-17 DRAFT Action Minutes (DOCX)
Department Head: Beth Minor, City Clerk
Attachment B: 12-04-17 DRAFT Action Minutes (DOCX)
Page 2
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 4
Special Meeting
November 27, 2017
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:04 P.M.
Present: DuBois, Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka,
Wolbach
Absent:
Utilities Advisory Commission
Present: Ballantine, Danaher, Forssell arrived at 6:30 P.M.; Schwartz,
Segal
Absent: Johnston, Trumbull
Closed Session
1. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Significant Exposure to Litigation Under Section 54956.9(d)(2)
(One Potential Case, as Defendant) – Palo Alto-Stanford Fire
Protection Agreement.
MOTION: Vice Mayor Kniss moved, seconded by Council Member Wolbach to
go into Closed Session.
MOTION PASSED: 9-0
Council went into Closed Session at 5:04 P.M.
Council returned from Closed Session at 6:17 P.M.
Study Session
2. Joint Study Session of the City Council and the Utilities Advisory
Commission.
NO ACTION TAKEN.
Council took a break at 6:59 P.M. and returned at 7:08 P.M.
DRAFT ACTION MINUTES
Page 2 of 4
City Council Meeting
Draft Action Minutes: 11/27/17
3. 285 Hamilton [17PLN-00309]. Applicant Requests a Prescreening
Discussion for a Possible Text Amendment That Would Allow
Development Exceptions for Rooftop Decks Within the Downtown Area,
Including the Subject Property. Environmental Assessment: The Subject
Request is not a Project in Accordance With the California Environmental
Quality Act (CEQA) (Continued From October 30, 2017).
NO ACTION TAKEN.
Minutes Approval
4. Approval of Action Minutes for the November 6 and 7, 2017 Council
Meetings
MOTION: Council Member Fine moved, seconded by Council Member
Wolbach to approve the Action Minutes
MOTION PASSED: 9-0
Consent Calendar
Council Member Tanaka noted he would vote no on Agenda Item Number 7.
Council Member Filseth noted he would vote no on Agenda Item Number 7.
Council Member Holman noted she would vote no on Agenda Item Number 7.
MOTION: Vice Mayor Kniss moved, seconded by Council Member DuBois to
approve Agenda Item Numbers 5-9.
5. Approval of Change Order Number 1 to Contract Number S17165567
With Monterey Mechanical Co. Adding $300,000 in Compensation for a
Total Not-to-Exceed Amount of $550,000 for the On-call Emergency
Construction Services Project Funded in Wastewater Treatment
Enterprise Fund Capital Improvement Program, Project WQ-04011 at
the Regional Water Quality Control Plant.
6. Approval of a Purchase Order With Peterson Caterpillar in the Amount
of $534,857 for the Purchase of Four 2017 Caterpillar Model 420F2 HRC
Backhoe Loaders.
7. Approval of a Contract With Strawn Construction, Inc. in the Amount of
$5,944,000 for the Fire Station No. 3 Replacement Project;
Authorization for the City Manager to Negotiate and Execute Related
Change Orders Not-to-Exceed $594,400 in Total Value; Approval of
Amendment Number 1 to Contract Number C16163034 With Nova
DRAFT ACTION MINUTES
Page 3 of 4
City Council Meeting
Draft Action Minutes: 11/27/17
Partners, Inc. to Increase Compensation by $359,264 for Construction
Management Services for Fire Station No. 3; and Approval of a Budget
Amendment in the Capital Improvement Fund.
8. Resolution 9723 Entitled, “Resolution of the Council of the City of Palo
Alto to Designate an Aleppo Pine at 1231 Parkinson Avenue as Heritage
Tree Number 8.”
9. Ordinance 5421 Entitled, “Ordinance of the Council of the City of Palo
Alto Establishing Speed Limits for Certain Streets Pursuant to the
California Vehicle Code and Amending Palo Alto Municipal Code Chapter
10.56 (Special Speed Zones) to Establish Such Speed Limits, Including
Increased Speed Limits of 40 MPH on two Roadway Segments and
Reduced Speed Limits of 20 MPH Within School Zones During School
Hours When Children are Present (FIRST READING: November 7, 2017
PASSED: 8-0 DuBois absent).”
MOTION PASSED FOR AGENDA ITEM NUMBERS 5-6, 8-9: 9-0
MOTION PASSED FOR AGENDA ITEM NUMBER 7: 6-3 Filseth, Holman,
Tanaka no
Action Items
10. PUBLIC HEARING / QUASI-JUDICIAL: Highway 101 Pedestrian/Bicycle
Overpass and Adobe Creek Reach Trail Project [17PLN-00212].
Adoption of a Resolution Adopting the Mitigated Negative Declaration,
Including the Mitigation, Monitoring and Reporting Program; Adoption
of a Park Improvement Ordinance; and Approval of a Record of Land
Use Action to Allow Construction of a Multi-use Pedestrian and Bicycle
Overpass Structure Over Highway 101 Near San Antonio Road,
Construction of the Adobe Creek Bridge and Adobe Creek Reach Trail,
and Reconfiguration of the Adjacent Parking lot at 3600 West Bayshore
Road. Environmental Assessment: An Initial Study/Mitigated Negative
Declaration (IS/MND) was Circulated for Public Comment On September
1, 2017 and Ended on October 2, 2017. A Final IS/MND is Available for
Review. (This Item was Previously Noticed for the November 13, 2017
Council Meeting).
Public Hearing opened at 8:53 P.M.
Public Hearing closed at 9:02 P.M.
MOTION: Vice Mayor Kniss moved, seconded by Council Member DuBois to:
DRAFT ACTION MINUTES
Page 4 of 4
City Council Meeting
Draft Action Minutes: 11/27/17
A. Adopt the Resolution Adopting the Draft Mitigated Negative Declaration
including the Mitigation Monitoring and Reporting Plan; and
B. Approve the Record of Land Use Action approving the proposed Site and
Design application based on the findings and subject to conditions of
approval; and
C. Adopt the proposed Park Improvement Ordinance (PIO) for the design
of the Highway 101 Pedestrian/Bicycle Overpass Capital Improvement
Project (CIP; PE- 11011).
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, “direct Staff to pursue other
potential funding sources.”
AMENDMENT: Council Member Kou moved, seconded by Council Member XX
to add safety cameras to the design of the bridge.
AMENDMENT FAILED DUE TO THE LACK OF A SECOND
AMENDMENT: Council Member Tanaka moved, seconded by Council Member
Fine to direct Staff to explore sponsorship opportunities.
AMENDMENT PASSED: 7-2 Holman, Kou no
MOTION AS AMENDED RESTATED: Vice Mayor Kniss moved, seconded by
Council Member DuBois to:
A. Adopt the Resolution Adopting the Draft Mitigated Negative Declaration
including the Mitigation Monitoring and Reporting Plan; and
B. Approve the Record of Land Use Action approving the proposed Site and
Design application based on the findings and subject to conditions of
approval; and
C. Adopt the proposed Park Improvement Ordinance (PIO) for the design
of the Highway 101 Pedestrian/Bicycle Overpass Capital Improvement
Project (CIP; PE- 11011); and
D. Direct Staff to pursue other potential funding sources; and
E. Direct Staff to explore sponsorship opportunities.
MOTION AS AMENDED PASSED: 9-0
Adjournment: The meeting was adjourned at 10:32 P.M.
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 7
Special Meeting
December 4, 2017
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:13 P.M.
Present: DuBois, Filseth, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach
Absent: Fine
Public Art Commission
Present: Gordon, Migdal, Miyaji, Shen
Absent: Ross, Taylor, Zelkha
Study Session
1. Joint Meeting With the Public Art Commission - Discussion of
Accomplishments and Future Initiatives.
Council took a break from 6:06 P.M. to 6:10 P.M.
Agenda Changes, Additions and Deletions
MOTION: Mayor Scharff moved, seconded by Council Member Wolbach to
remove Agenda Item Number 14- Consideration of Authorizing the Mayor to
Sign a Letter of Support for the Dumbarton Rail Link… from the Agenda.
MOTION PASSED: 8-0 Fine absent
Minutes Approval
2. Approval of Action Minutes for the November 13, 2017 Council
Meeting.
MOTION: Vice Mayor Kniss moved, seconded by Council Member Filseth to
approve the Action Minutes for the November 13, 2017 Council Meeting.
MOTION PASSED: 8-0 Fine absent
DRAFT ACTION MINUTES
Page 2 of 7
City Council Meeting
Draft Action Minutes: 12/4/17
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 3-
Adoption of a Resolution Approving the Verified Emission Reduction
Agreement (VER Agreement)…
MOTION: Council Member Holman moved, seconded by Council Member
Kou, third by Council Member DuBois to pull Agenda Item Number 9-
Adoption of an Addendum to the Rail Committee Charter to be heard on a
date uncertain.
MOTION: Mayor Scharff moved, seconded by Vice Mayor Kniss to approve
Agenda Item Numbers 3-8, 10.
3. Resolution 9725 Entitled, “Resolution of the Council of the City of Palo
Alto Approving the Verified Emission Reduction Agreement (VER
Agreement) With the Integrative Organization of Oaxaca Indigenous
and Agricultural Communities to Purchase 17,000 Tons of CO2e for a
Total Purchase Price of $136,000.”
4. Approval of an Agreement With Peninsula Corridor Joint Powers Board
in the Amount of $83,838 for 2018 Caltrain Go Pass Program.
5. Finance Committee Recommendation That the City Council Approve a
Second Allocation of FY2018/19 Human Services Resource Allocation Process (HSRAP) Funding in the Amount of $311,118.
6. Approval of the Purchase of Mobile and Portable Radios for the Police,
Fire, Public Works, Utilities, and Community Services Departments in
an Amount Not-to-Exceed $800,000.
7. Resolution 9726 Entitled, “Resolution of the council of the City of Palo
Alto Amending and Restating the Administrative Penalty Schedule and
Civil Penalty Schedules for Certain Violations of the Palo Alto Municipal
Code and the California Vehicle Code.”
8. Adoption of an Ordinance Amending Section 2.040.160 (City Council
Minutes) of the Palo Alto Municipal Code to Provide for Action Minutes
and Video/Audio Recordings as the Official Record of Council Business,
and Directing the Clerk to Prepare Sense Summaries of Council and
Council Standing Committee Meetings for the use and Convenience of
Council and the Public.
9. Adoption of an Addendum to the Rail Committee Charter.
DRAFT ACTION MINUTES
Page 3 of 7
City Council Meeting
Draft Action Minutes: 12/4/17
10. Policy and Services Recommendation to Accept the Accuracy of Water
Meter Billing Audit.
MOTION FOR AGENDA ITEM NUMBER 3 PASSED: 7-1 Tanaka no, Fine
absent
MOTION FOR AGENDA ITEM NUMBERS 4-8, 10 PASSED: 8-0 Fine
absent
Action Items
11. PUBLIC HEARING / QUASI-JUDICIAL, 1451 Middlefield Road
[17PLN-00147]: Council Approval of: (1) Resolution 9727 Entitled,
“Resolution of the Council of the City of Palo Alto Adopting the
Mitigated Negative Declaration (MND), Mitigation Monitoring and
Reporting Program (MMRP), and Rinconada Long Range Plan”; (2) a
Record of Land Use Action (RLUA) for the Junior Museum and Zoo
(JMZ) Architectural Review Application; (3) a Park Improvement
Ordinance for Improvements to the JMZ Within the Rinconada Park
Long Range Plan Area; (4) Amend the Fiscal Year 2018 Budget
Appropriation Ordinance for the Capital Improvement Fund by
Increasing Other Revenue by $270,124 and Increasing the JMZ
Renovation Project (AC-18001) by $270,124; and add a Part-time Unbenefited 0.48 FTE Position Limit Dated Through September 30,
2020.
Public Hearing opened and closed at 7:20 P.M. without public comment.
MOTION: Council Member Wolbach moved, seconded by Vice Mayor Kniss
to:
A. Adopt a Resolution approving the Mitigated Negative Declaration
(MND) and Mitigation Monitoring and Reporting Program (MMRP) in
accordance with the California Environmental Quality Act (CEQA) for
the Junior Museum and Zoo (JMZ) project and Rinconada Park Long
Range Plan (RPLRP); the Resolution also approves the Rinconada Park
Long Range Plan; and
B. Approve a Record of Land Use Action (RLUA) referencing the
Resolution and approving the Architectural Review application for
replacement of the existing JMZ with a new JMZ and site
improvements including reconfiguration of the Lucie Stern Community
Center parking lot, vehicular driveways, enhancement of pedestrian
and bicycle circulation routes through the site; and
DRAFT ACTION MINUTES
Page 4 of 7
City Council Meeting
Draft Action Minutes: 12/4/17
C. Adopt a Park Improvement Ordinance (PIO) referencing the Resolution
and approving improvements to the JMZ, within the Rinconada Park
Long Range Plan area; and
D. Amend the Fiscal Year 2018 Budget Appropriation Ordinance for the
Capital Improvement Fund by:
i. Increasing Other Revenue by $270,124; and
ii. Increasing the JMZ Renovation Project (AC-18001) in the amount of $270,124; and
E. Approve the addition of a part-time unbenefited 0.48 FTE position limit
dated through September 30, 2020.
MOTION PASSED: 8-0 Fine absent
Council took a break from 7:58 P.M. to 8:07 P.M.
12. Review and Provide Direction to Staff Regarding City Comments on the
Draft Environmental Impact Report for the Stanford General Use
Permit (GUP) Application to Santa Clara County.
NO ACTION TAKEN
13. Discussion and Direction to Staff Regarding the State Housing Bills
Effective January 1, 2018.
MOTION: Council Member DuBois moved, seconded by Council Member Holman to:
A. Direct Staff to review and revise internal procedures to address
application intake and processing; and
B. Direct Staff to request funding from the California Department of
Housing and Community Development (HCD) for planning and code
revisions immediately after January 1, 2018; and
C. Council receipt of draft Housing Work Plan (requested November 6)
and consideration/direction regarding potential code changes in that
context (tentatively scheduled for January 29, 2018); and
In addition to current items in draft Housing Work Plan, have Staff also
propose an affordable housing goal to serve very low-, low-, and
moderate-income households, including people with disabilities, special
needs, and the homeless; and
DRAFT ACTION MINUTES
Page 5 of 7
City Council Meeting
Draft Action Minutes: 12/4/17
i. Establish a specific target percentage of permanently
affordable units; and
ii. Establish clear funding priorities to accomplish the goal; and
iii. Identify or create new policies or funding resources to
accelerate progress; and
D. Direct Staff to prepare a draft Ordinance for review by the Planning
and Transportation Commission and consideration by the City Council thereafter.
AMENDMENT: Council Member Wolbach moved, seconded by Mayor
Scharff to remove Part C of the Motion.
AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION
WITH THE CONSENT OF THE MAKER AND SECONDER to remove from
the Motion Part C, “Council receipt of draft Housing Work Plan (requested
November 6) and consideration/direction regarding potential code changes
in that context (tentatively scheduled for January 29, 2018).”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion Part C, “propose an
affordable housing goal to serve very low-, low-, and moderate-income
households, including people with disabilities, special needs, and the homeless.”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove Part D of the Motion.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, “explore” after “direct
Staff”, replace in the Motion Part C.i., “establish” with “establishing”, replace
in the Motion Part C.ii., “establish” with “establishing”, replace in the Motion
Part C.iii., “identify” with “identifying.”
AMENDMENT: Council Member Filseth moved, seconded by Mayor Scharff
to remove Parts C.ii. and C.iii. from the Motion.
AMENDMENT FAILED: 4-4 DuBois, Holman, Kniss, Kou no, Fine absent
MOTION AS AMENDED RESTATED: Council Member DuBois moved,
seconded by Council Member Holman to:
A. Direct Staff to review and revise internal procedures to address
application intake and processing; and
DRAFT ACTION MINUTES
Page 6 of 7
City Council Meeting
Draft Action Minutes: 12/4/17
B. Direct Staff to request funding from the California Department of
Housing and Community Development (HCD) for planning and code
revisions immediately after January 1, 2018; and
C. In addition to current items in draft Housing Work Plan, have Staff also
explore:
i. Establishing a specific target percentage of permanently
affordable units; and
ii. Establishing clear funding priorities to accomplish the goal;
and
iii. Identifying or create new policies or funding resources to
accelerate progress; and
MOTION AS AMENDED FAILED: 4-4 Filseth, Kniss, Scharff, Tanaka no,
Fine absent
Inter-Governmental Legislative Affairs
14. Consideration of Authorizing the Mayor to Sign a Letter of Support for
the Dumbarton Rail Link Item on the SamTrans Board Agenda on
December 6, 2017.
Council Member Questions, Comments and Announcements
Council Member Kou requested clarification regarding the procedure when a tie vote occurs when a body is electing a Chairperson and Vice Chairperson.
Molly Stump, City Attorney advised that local rules governing the specific
body typically proscribe for such a scenario. She clarified that the City
Council Procedures and Protocols Handbook details these rules for the City
Council and that Palo Alto’s Boards and Commissions are subject to separate
procedures.
Council Member Kou requested information relating to Staff providing live
Motion support at Board and Commission meetings.
Ms. Stump advised that this type of support is Staff intensive and not
currently feasible for Boards and Commissions.
Council Member Kou suggested that this type of support would be helpful for
Boards and Commissions, particularly the Architectural Review Board and
the Planning & Transportation Commission.
DRAFT ACTION MINUTES
Page 7 of 7
City Council Meeting
Draft Action Minutes: 12/4/17
Council Member Wolbach reported that the Holiday Tree Lighting Ceremony
on Friday was a success and well attended. He shared his attendance, along
with the attendance of Council Members DuBois, Holman, Kou, and Tanaka
along with Mayor Scharff at the Buena Vista Mobile Home Park Posada on
Saturday. He appreciated the joyous feeling of the Posada.
Council Member Holman also enjoyed the joyous nature of the Posada.
Mayor Scharff concurred that the Posada was a happy event this year and was impressed with the homework club at Buena Vista.
Adjournment: The meeting was adjourned at 10:33 P.M.
City of Palo Alto (ID # 8554)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: CONSENT: Squire House (900 University) Revised Mills Act
Contract
Title: Approval and Authorization for the City Manager to Execute
Amendment Number 1 to the Mills Act Historic Property Preservation
Agreement for 900 University Avenue (Squire House) Removing the Public
Tour Requirement Consistent With State Law
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council approve and authorize the City Manager to execute
Amendment No. 1 (Attachment A) to the Mills Act Historic Property Preservation Agreement for
preservation of the historic Squire House (900 University Avenue).
Executive Summary
At the property owner’s request, the recommended action would amend the existing Historic
Property Preservation Agreement (referred to also as the “Mills Act contract”) for the Squire
House to remove the requirement for an annual public tour, which is consistent with State law.
Mills Act contracts are agreements between a local jurisdiction and a property owner whereby
the property owner agrees to preserve an historic resource in exchange for property tax
savings. There has been a Mills Act contract between the City and the owner of the nationally-
recognized Squire House at 900 University in place since 1996; this is the only Mills Act contract
in Palo Alto. The owner, who last conducted a public tour of the Squire House in December
2016, will request non-renewal of the contract if the annual home tour remains a requirement.
Background & Discussion
The Squire House is listed as a Category 1 local historic resource, which is defined as a
“Significant” historic resource in PAMC Chapter 16.49. The home was the first property in Palo
City of Palo Alto Page 2
Alto to be listed on the National Register of Historic Places, and is one of only 16 individually
listed Palo Alto properties on the National Register. It is also a California Landmark - which
carries a much higher historic status than a standard California Register listing.
The Mills Act, enacted in 1972, allows participating local governments in California to enter into
contracts with owners of qualified historic properties who actively participate in the restoration
and maintenance of their historic properties to potentially receive a property tax reduction.
(California Government Code, Article 12, Sections 50280-50290 and California Revenue and
Taxation Code, Article 1.9, Sections 439-439.4).
The law was revised in 1985 when new legislation relaxed the rules to encourage the
preservation of historic properties. The 1985 amendments to the Mills Act expanded the
definition of Qualified Historical Properties, reduced the Mills Act contract minimum period
from 20 to 10 years, clarified tax assessment by “use,” eliminated the previous Historic Zone
requirement, and eliminated the required public visitation (Attachment B).
In 1996, the owners of the Squire House, located at 900 University Avenue, entered into a Mills
Act contract with the City of Palo Alto (Attachment C). County records indicate that there is
only one such Mills Act contract in the City of Palo Alto. The Squire House contract included a
provision that required an annual public tour to be conducted by the owners although State law
had been amended in 1985 to remove the requirement. While State law no longer requires a
public tour, there is no prohibition on the inclusion of this condition under a local program and
the contract was entered into voluntarily by the owners in 1996. Subsequent owners have
received notice of the recorded agreement prior to acquisition.
Original and subsequent owners of the Squire House complied with the “public tour”
component of the contract and opened the home to several nonprofit organizations over the
years including: Palo Alto Stanford Heritage event and home tour, Bing Nursery School, Eastside
College Preparatory School, Community Foundation of Silicon Valley, Nature Conservancy,
Stanford University, Purdue University, Legacy Venture and Children’s Health Council.
However, enforcement of the “public tour” provision by the City has been inconsistent and
irregular.
If the proposed contract amendment is not approved, the property owner has conveyed she
will pursue non-renewal of the Mills Act contract, resulting in the termination of the contract
after the remaining nine years of the contract’s term. Mills Act contracts continually renew for
another year to maintain a 10-year term at all times, unless a party submits a timely notice of
non-renewal to the other party.
Palo Alto is a Certified Local Government (CLG), recognized by the State Office of Historic
Preservation for its preservation program. Part of Palo Alto’s obligations as a CLG is to carry out
City of Palo Alto Page 3
the intent of the National Historic Preservation Act and the Secretary of the Interior's
Standards; one way to do this is to provide assistance to owners of historically significant
buildings. According to the State Office of Historic Preservation, the Mills Act program is the
single most important economic incentitve program for historic preservation.
Maintaining a Mills Act contract, with the proposed amendment, is also a key way to further
the historic preservation policies of the City’s Comprehensive Plan. Council recently reaffirmed
the Comprehensive Plan’s longstanding historic preservation goal of “Conservation and
preservation of Palo Alto’s historic buildings, sites and district” (Goal L-7), and adopted a policy
to “encourage and assist owners of historically significant buildings in finding ways to adapt and
rehabilitate these buildings, including participation in state and federal tax relief programs”
(Policy L-7.12). The importance of preserving significant historic buildings on University Avenue
is also called out in the Comprehensive Plan Policy L-7.5, which states, “To reinforce the scale
and character of University Avenue/Downtown, promote the preservation of significant historic
buildings.”
Policy Implications
Mills Act contracts are an historic preservation incentive available to property owners and local
jurisdictions under State law. As noted above, use of Mills Act contracts is consistent with the
City’s Comprehensive Plan which includes a goal about the conservation and preservation of
Palo Alto’s historic buildings, sites, and districts (Goal L-7). In addition, Policy L-7.12 of the
Comprehensive Plan calls on the City to “Encourage and assist owners of historically significant
buildings in finding ways to adapt and rehabilitate these buildings, including participation in
state and federal tax relief programs.”
Resource Impact
Based on County records, the City’s Administrative Services Department estimates that the City
of Palo Alto receives about $5,000 less in property taxes each year because of this Mills Act
contract. This would not change as a result of the requested action.
Attachments:
A: Squire House (900 University) Amendment No. 1 to Mills Act Historic Property Preservation
Agreement Signed (PDF)
B: Technical Bulletin 12 (PDF)
C: Squire House (900 University) Mills Act Historic Property Preservation Agreement (PDF)
D: John Adam Squire House National Register Nomination (PDF)
Mills Act Property Tax Abatement Program
Technical Assistance Bulletin #12
CALIFORNIA OFFICE OF HISTORIC PRESERVATION
Department of Parks & Recreation
1416 9th Street Room 1442-7
Sacramento, CA 95814
PO Box 942896
Sacramento, CA 94296
916-653-6624
calshpo@ohp.parks.ca.gov
www.ohp.parks.ca.gov
This publication has been financed in part with Federal funds from the National Park Service, Department of the
Interior, under the National Historic Preservation Act of 1966, as amended, and administered by the California Office
of Historic Preservation. The contents and opinions do not necessarily reflect the views or policies of the Department
of the Interior, nor does the mention of trade names or commercial products constitute endorsement or
recommendation by the Department of the Interior. Under Title VI of the Civil Rights Act of 1964 and Section 504 of
the Rehabilitation Act of 1973, the U.S. Department of the Interior strictly prohibits unlawful discrimination on the
basis of race, color, national origin, age, or handicap in its federally- assisted programs. If you believe you have
been discriminated against in any program, activity, or facility as described above, or if you desire further information,
please write to Office for Equal Opportunity, U.S. Department of the Interior, National Park Service, Box 37127, Washington DC 20013-7127.
December 2004
Table of Contents
Mills Act Property Tax Abatement Program .................................................................1
Purpose of the Mills Act Program.............................................................................1
Benefits to Local Governments................................................................................1
Benefits to Owners..................................................................................................1
Qualified Historic Property.......................................................................................2
OHP’s Role.............................................................................................................2
For Additional Information .......................................................................................2
California State Codes Relating to Mills Act Program...................................................3
California Government Code, Article 12, Sections 50280 - 50290.............................3
California Revenue and Taxation Code, Article 1.9, Sections 439 – 439.4.................6
Mills Act Property Tax Abatement Program 1
OHP Technical Assistance Bulletin #14
Mills Act Property Tax Abatement Program
Purpose of the Mills Act Program
Economic incentives foster the preservation of residential neighborhoods and the
revitalization of downtown commercial districts. The Mills Act is the single most
important economic incentive program in California for the restoration and preservation
of qualified historic buildings by private property owners.
Enacted in 1972, the Mills Act legislation grants participating local governments (cities
and counties) authority to enter into contracts with owners of qualified historic properties
who actively participate in the restoration and maintenance of their historic properties
while receiving property tax relief.
Benefits to Local Governments
The Mills Act allows local governments to design preservation programs to
accommodate specific community needs and priorities for rehabilitating entire
neighborhoods, encouraging seismic safety programs, contributing to affordable
housing, promoting heritage tourism, or fostering pride of ownership. Local governments
have adopted the Mills Act because they recognize the economic benefits of conserving
resources and reinvestment as well as the important role historic preservation can play
in revitalizing older areas, creating cultural tourism, building civic pride, and retaining the
sense of place and continuity with the community’s past.
A formal agreement, generally known as a Mills Act or Historical Property Contract, is
executed between the local government and the property owner for a minimum ten-year
term. Contracts are automatically renewed each year and are transferred to new owners
when the property is sold. Property owners agree to restore, maintain, and protect the
property in accordance with specific historic preservation standards and conditions
identified in the contract. Periodic inspections by city or county officials ensure proper
maintenance of the property. Local authorities may impose penalties for breach of
contract or failure to protect the historic property. The contract is binding to all owners
during the contract period.
Benefits to Owners
Owners of historic buildings may qualify for property tax relief if they pledge to
rehabilitate and maintain the historical and architectural character of their properties for
at least a ten-year period. The Mills Act program is especially beneficial for recent
buyers of historic properties and for current owners of historic buildings who have made
major improvements to their properties.
Mills Act Property Tax Abatement Program 2
OHP Technical Assistance Bulletin #14
Mills Act participants may realize substantial property tax savings of between 40% and
60% each year for newly improved or purchased older properties because valuations of
Mills Act properties are determined by the Income Approach to Value rather than by the
standard Market Approach to Value. The income approach, divided by a capitalization
rate, determines the assessed value of the property. In general, the income of an
owner-occupied property is based on comparable rents for similar properties in the
area, while the income amount on a commercial property is based on actual rent
received. Because rental values vary from area to area, actual property savings vary
from county to county. In addition, as County Assessors are required to assess all
properties annually, Mills Act properties may realize slight increases in property taxes
each year.
Qualified Historic Property
A qualified historic property is a property listed on any federal, state, county, or city
register, including the National Register of Historic Places, California Register of
Historical Resources, California Historical Landmarks, State Points of Historical Interest,
and locally designated landmarks. Owner-occupied family residences and income-
producing commercial properties may qualify for the Mills Act program.
OHP’s Role
OHP provides technical assistance and guidance to local governments and property
owners. OHP maintains a current list of communities participating in the Mills Act
program and copies of Mills Act ordinances, resolutions, and contracts that have been
adopted. OHP does not participate in the negations of the agreement and is not a
signatory to the contract.
For Additional Information
Contact the planning department of the city or county within which the historic property
is located.
California’s four largest cities (Los Angeles, San Diego, San Francisco, and San Jose)
as well as more than 75 other city and county governments have instituted Mills Act
programs. A list of communities participating in the Mills Act Program is available online
at http://www.ohp.parks.ca.gov/default.asp?page_id=21412 .
For additional information on the Mills Act, please contact Maryln Lortie in the Office of
Historic Preservation, PO Box 942896, Sacramento CA 94296-0001, (916) 653-8911,
mlort@ohp.parks.ca.gov.
Mills Act Property Tax Abatement Program 3
OHP Technical Assistance Bulletin #14
California State Codes Relating to Mills Act Program
California Government Code, Article 12, Sections 50280 - 50290
50280. Restriction of property use.
Upon the application of an owner or the agent of an owner of any qualified historical
property, as defined in Section 50280.1, the legislative body of a city, county, or city and
county may contract with the owner or agent to restrict the use of the property in a
manner which the legislative body deems reasonable to carry out the purposes of this
article and of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of
Division 1 of the Revenue and Taxation Code. The contract shall meet the
requirements of Sections 50281 and 50282.
50280.1. Qualified historic property.
"Qualified historical property" for purposes of this article, means privately owned
property which is not exempt from property taxation and which meets either of the
following:
(a) Listed in the National Register of Historic Places or located in a registered historic
district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations.
(b) Listed in any state, city, county, or city and county official register of historical or
architecturally significant sites, places, or landmarks.
50281. Required contract provision.
Any contract entered into under this article shall contain the following provisions:
(a) The term of the contract shall be for a minimum period of 10 years.
(b) Where applicable, the contract shall provide the following:
(1) For the preservation of the qualified historical property and, when necessary, to
restore and rehabilitate the property to conform to the rules and regulations of the Office
of Historic Preservation of the Department of Parks and Recreation, the United States
Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building
Code.
(2) For the periodic examinations of the interior and exterior of the premises by the
assessor, the Department of Parks and Recreation, and the State Board of Equalization
as may be necessary to determine the owner's compliance with the contract.
(3) For it to be binding upon, and inure to the benefit of, all successors in interest of
the owner. A successor in interest shall have the same rights and obligations under the
contract as the original owner who entered into the contract.
(c) The owner or agent of an owner shall provide written notice of the contract to the
Office of Historic Preservation within six months of entering into the contract.
Mills Act Property Tax Abatement Program 4
OHP Technical Assistance Bulletin #14
50281.1. Fees.
The legislative body entering into a contract described in this article may require that the
property owner, as a condition to entering into the contract, pay a fee not to exceed the
reasonable cost of administering this program.
50282. Renewal.
(a) Each contract shall provide that on the anniversary date of the contract or such
other annual date as is specified in the contract, a year shall be added automatically to
the initial term of the contract unless notice of nonrenewal is given as provided in this
section. If the property owner or the legislative body desires in any year not to renew
the contract, that party shall serve written notice of nonrenewal of the contract on the
other party in advance of the annual renewal date of the contract. Unless the notice is
served by the owner at least 90 days prior to the renewal date or by the legislative body
at least 60 days prior to the renewal date, one year shall automatically be added to the
term of the contract.
(b) Upon receipt by the owner of a notice from the legislative body of nonrenewal, the
owner may make a written protest of the notice of nonrenewal. The legislative body
may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
(c) If the legislative body or the owner serves notice of intent in any year not to renew
the contract, the existing contract shall remain in effect for the balance of the period
remaining since the original execution or the last renewal of the contract, as the case
may be.
(d) The owner shall furnish the legislative body with any information the legislative
body shall require in order to enable it to determine the eligibility of the property
involved.
(e) No later than 20 days after a city or county enters into a contract with an owner
pursuant to this article, the clerk of the legislative body shall record with the county
recorder a copy of the contract, which shall describe the property subject thereto. From
and after the time of the recordation, this contract shall impart a notice thereof to all
persons as is afforded by the recording laws of this state.
50284. Cancellation.
The legislative body may cancel a contract if it determines that the owner has breached
any of the conditions of the contract provided for in this article or has allowed the
property to deteriorate to the point that it no longer meets the standards for a qualified
historical property. The legislative body may also cancel a contract if it determines that
the owner has failed to restore or rehabilitate the property in the manner specified in the
contract.
50285. Consultation with state commission.
No contract shall be canceled under Section 50284 until after the legislative body has
given notice of, and has held, a public hearing on the matter. Notice of the hearing shall
be mailed to the last known address of each owner of property within the historic zone
and shall be published pursuant to Section 6061.
50286. Cancellation.
Mills Act Property Tax Abatement Program 5
OHP Technical Assistance Bulletin #14
(a) If a contract is canceled under Section 50284, the owner shall pay a cancellation
fee equal to 121/2 percent of the current fair market value of the property, as
determined by the county assessor as though the property were free of the contractual
restriction.
(b) The cancellation fee shall be paid to the county auditor, at the time and in the
manner that the county auditor shall prescribe, and shall be allocated by the county
auditor to each jurisdiction in the tax rate area in which the property is located in the
same manner as the auditor allocates the annual tax increment in that tax rate area in
that fiscal year.
(c) Notwithstanding any other provision of law, revenue received by a school district
pursuant to this section shall be considered property tax revenue for the purposes of
Section 42238 of the Education Code, and revenue received by a county
superintendent of schools pursuant to this section shall be considered property tax
revenue for the purposes of Article 3 (commencing with Section 2550) of Chapter 12 of
Part 2 of Division 1 of Title 1 of the Education Code.
50287. Action to enforce contract.
As an alternative to cancellation of the contract for breach of any condition, the county,
city, or any landowner may bring any action in court necessary to enforce a contract
including, but not limited to, an action to enforce the contract by specific performance or
injunction.
50288. Eminent domain.
In the event that property subject to contract under this article is acquired in whole or in
part by eminent domain or other acquisition by any entity authorized to exercise the
power of eminent domain, and the acquisition is determined by the legislative body to
frustrate the purpose of the contract, such contract shall be canceled and no fee shall
be imposed under Section 50286. Such contract shall be deemed null and void for all
purposes of determining the value of the property so acquired.
50289. Annexation by city.
In the event that property restricted by a contract with a county under this article is
annexed to a city, the city shall succeed to all rights, duties, and powers of the county
under such contract.
50290. Consultation with state commission.
Local agencies and owners of qualified historical properties may consult with the State
Historical Resources Commission for its advice and counsel on matters relevant to
historical property contracts.
Mills Act Property Tax Abatement Program 6
OHP Technical Assistance Bulletin #14
California Revenue and Taxation Code, Article 1.9, Sections 439 – 439.4
439. Historical Property Restrictions; enforceably restricted property.
For the purposes of this article and within the meaning of Section 8 of Article XIII of the
Constitution, property is "enforceably restricted" if it is subject to an historical property
contract executed pursuant to Article 12 (commencing with Section 50280) of Chapter 1
of Part 1 of Division 1 of Title 5 of the Government Code.
439.1. Historical Property; definitions.
For purposes of this article "restricted historical property" means qualified historical
property, as defined in Section 50280.1 of the Government Code, that is subject to a
historical property contract executed pursuant to Article 12 (commencing with Section
50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. For
purposes of this section, "qualified historical property" includes qualified historical
improvements and any land on which the qualified historical improvements are situated,
as specified in the historical property contract. If the historical property contract does
not specify the land that is to be included, "qualified historical property" includes only
that area of reasonable size that is used as a site for the historical improvements.
439.2. Historical Property; valuation.
When valuing enforceably restricted historical property, the county assessor shall not
consider sales data on similar property, whether or not enforceably restricted, and shall
value that restricted historical property by the capitalization of income method in the
following manner:
(a) The annual income to be capitalized shall be determined as follows:
(1) Where sufficient rental information is available, the income shall be the fair rent
that can be imputed to the restricted historical property being valued based upon rent
actually received for the property by the owner and upon typical rentals received in the
area for similar property in similar use where the owner pays the property tax. When
the restricted historical property being valued is actually encumbered by a lease, any
cash rent or its equivalent considered in determining the fair rent of the property shall be
the amount for which the property would be expected to rent were the rental payment to
be renegotiated in the light of current conditions, including applicable provisions under
which the property is enforceably restricted.
(2) Where sufficient rental information is not available, the income shall be that which
the restricted historical property being valued reasonably can be expected to yield under
prudent management and subject to applicable provisions under which the property is
enforceably restricted.
(3) If the parties to an instrument that enforceably restricts the property stipulate
therein an amount that constitutes the minimum annual income to be capitalized, then
the income to be capitalized shall not be less than the amount so stipulated. For
purposes of this section, income shall be determined in accordance with rules and
Mills Act Property Tax Abatement Program 7
OHP Technical Assistance Bulletin #14
regulations issued by the board and with this section and shall be the difference
between revenue and expenditures. Revenue shall be the amount of money or money's
worth, including any cash rent or its equivalent, that the property can be expected to
yield to an owner-operator annually on the average from any use of the property
permitted under the terms by which the property is enforceably restricted. Expenditures
shall be any outlay or average annual allocation of money or money's worth that can be
fairly charged against the revenue expected to be received during the period used in
computing the revenue. Those expenditures to be charged against revenue shall be
only those which are ordinary and necessary in the production and maintenance of the
revenue for that period. Expenditures shall not include depletion charges, debt
retirement, interest on funds invested in the property, property taxes, corporation
income taxes, or corporation franchise taxes based on income.
(b) The capitalization rate to be used in valuing owner-occupied single family
dwellings pursuant to this article shall not be derived from sales data and shall be the
sum of the following components:
(1) An interest component to be determined by the board and announced no later than
September 1 of the year preceding the assessment year and that was the yield rate
equal to the effective rate on conventional mortgages as determined by the Federal
Housing Finance Board, rounded to the nearest 1/4 percent.
(2) A historical property risk component of 4 percent.
(3) A component for property taxes that shall be a percentage equal to the estimated
total tax rate applicable to the property for the assessment year times the assessment
ratio.
(4) A component for amortization of the improvements that shall be a percentage
equivalent to the reciprocal of the remaining life.
(c) The capitalization rate to be used in valuing all other restricted historical property
pursuant to this article shall not be derived from sales data and shall be the sum of the
following components:
(1) An interest component to be determined by the board and announced no later than
September 1 of the year preceding the assessment year and that was the yield rate
equal to the effective rate on conventional mortgages as determined by the Federal
Housing Finance Board, rounded to the nearest 1/4 percent.
(2) A historical property risk component of 2 percent.
(3) A component for property taxes that shall be a percentage equal to the estimated
total tax rate applicable to the property for the assessment year times the assessment
ratio.
(4) A component for amortization of the improvements that shall be a percentage
equivalent to the reciprocal of the remaining life.
(d) Unless a party to an instrument that creates an enforceable restriction expressly
prohibits the valuation, the valuation resulting from the capitalization of income method
described in this section shall not exceed the lesser of either the valuation that would
have resulted by calculation under Section 110, or the valuation that would have
resulted by calculation under Section 110.1, as though the property was not subject to
an enforceable restriction in the base year.
Mills Act Property Tax Abatement Program 8
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(e) The value of the restricted historical property shall be the quotient of the income
determined as provided in subdivision (a) divided by the capitalization rate determined
as provided in subdivision (b) or (c).
(f) The ratio prescribed in Section 401 shall be applied to the value of the property
determined in subdivision (d) to obtain its assessed value.
439.3. Historical Property; notice of nonrenewal.
Notwithstanding any provision of Section 439.2 to the contrary, if either the county or
city or the owner of restricted historical property subject to contract has served notice of
nonrenewal as provided in Section 50282 of the Government Code, the county
assessor shall value that restricted historical property as provided in this section.
(a) Following the hearing conducted pursuant to Section 50285 of the Government
Code, subdivision (b) shall apply until the termination of the period for which the
restricted historical property is enforceably restricted.
(b) The board or assessor in each year until the termination of the period for which the
property is enforceably restricted shall do all of the following:
(1) Determine the full cash value of the property pursuant to Section 110.1. If the
property is not subject to Section 110.1 when the restriction expires, the value shall be
determined pursuant to Section 110 as if the property were free of contractual
restriction. If the property will be subject to a use for which this chapter provides a
special restricted assessment, the value of the property shall be determined as if it were
subject to the new restriction.
(2) Determine the value of the property by the capitalization of income method as
provided in Section 439.2 and without regard to the fact that a notice of nonrenewal or
cancellation has occurred.
(3) Subtract the value determined in paragraph (2) of this subdivision by capitalization
of income from the full cash value determined in paragraph (1).
(4) Using the rate announced by the board pursuant to paragraph (1) of subdivision
(b) of Section 439.2, discount the amount obtained in paragraph (3) for the number of
years remaining until the termination of the period for which the property is enforceably
restricted.
(5) Determine the value of the property by adding the value determined by the
capitalization of income method as provided in paragraph (2) and the value obtained in
paragraph (4).
(6) Apply the ratios prescribed in Section 401 to the value of the property determined
in paragraph (5) to obtain its assessed value.
439.4. Historical Property; recordation.
No property shall be valued pursuant to this article unless an enforceable restriction
meeting the requirements of Section 439 is signed, accepted and recorded on or before
the lien date for the fiscal year in which the valuation would apply.
p-nsPAGE 1373
This document is recorded
for the benefit of the City
of Palo Alto and is entitled
to be recorded free of charge
in • accordance with Section 6103
gf the Govemiftent Code.
After Recordation, mail to:
OFFICE OP THE CITY ATTORNEY
250 Hamilton Avenue
Palo Alto, CA 94301
FEE
FILED FOR RECORD AT REQUEST OF
96 FEB 15 PH 3:10 •
OFFICIAL RECORDS SANTA CURA COUNTY BRENDA DAVIS RECORDER.
HISTORIC PROPERTY PRESERVATION AGREEMENT
[Gbverxuaiant Code section 50280]
• THIS AGREEMENT is made and entered into this [1> day of •
FcJiprtuo^y 1996, by and between ERNEST MARIO and MILDRED M.
MARIO ("Owriers") and the CITY OP PALO ALTO, a chartered city and
California municipal corporation ("City") .
RECITALS
A. Owners possess certain real property located in the'
City of Palo Alto, Santa Clara County, California, commonly known
as 900 University Avenue and described in Exhibit "A" attached
hereto ("Property") , . which contains, the historic residential
structure known as the Squire House and which, as hereinafter set
forth, is a "c[ualified historic property" as defined in Government
Code section 50280.1.
B. The predecessor of the Owners, CONSTRUCTION SYSTEMS,
INC., and the City entered into an Agreement dated April 11, 1977,
entitled "GRANT DEED, RESERVATION OP PACADE EASEMENT, AND
DECLARATION OP COVENANTS, CONDITIONS AND RESTRICTIONS" (hereinafter
called "Easement")., which was filed for record in the Office of the
Santa Clara County Recorder at Book C 793 Page 612 and which is
binding on Owners and the City and remains in full force and
effect. . .
C. Owners and City desire to protect and preserve the
Property in a. manner which retains its characteristics of
hiBtorical significance.
D. Owners .have requested that City enter .into an
historical property agreement with respect to the Property, in
consideration for which Owners will agree to perform certain new
obligations with respect to the Property,
NOW, THEREFORE, the parties in consideration of the
mutual covenants and conditions set forth herein and . the
960201 h« rX)80198
substantial public benefit to be derived therefrom, do agree as
follows: . ^ .
SECTION 1 - AUTHORITY
This Agreement is made and executed pursuant to Article
12 (commencing with Section 50280) of Chapter 1 of Part 1 of
Division 1 of Title ,5 of the Government Code. This Agreement
establishes that the subject property is a qualified historic .
property under Government Code section 50280.1, in that it has been
designated as an. historic landmark by the City pursuant to Chapter
16.49 of the Municipal Code, is State of California Historical
Landmark No. 857, and is listed on the National Register of
Historic Places. This Agreement does not affect or alter the
—vatl-djrty-and-full ferco in o&lect of tJae-Bas-ement , •
SECTION .2 - TERM OF AGREEMENT
This Agr.eement shall be effective as of the. date of
recordation, and shall remain in effect until March 1, 2006. Such
term will automatically be renewed on its Renewal Date as provided
in Section 5 of this Agreement.
SECTION 3 - LIWITAf XONS ON LMTO UgE
In addition to the limitations of the. Easement, during
the term of this Agreement, the Property shall be subject to the
following provisions, reqtuirements, and restrictions:.
(a) Owners shall preserve and maintain (1) the first
floor.interior of the Squire House, excluding the
kitchen, and (2) the original oak main staircase up
to the second floor, in substantially the same
condition as depicted in the photographic inventory
dated December, 1995, and entitled "Squire House
Chronicle." Owners shall also, when necessary.,
restore and rehabilitate these elements of the
Property according to the rules and regulations of
the Office of the Historic. Preservation of the
State Department of Parks and Recreation.
(b) Owners shall provide whatever information shall be
required by City to det;eimine the Property's
continuing eligibility as a qualified historic
property. • .
(c) Owners shall, on an annual basis, open the
Propierty, including the interior of the Squire
House, to a public tour conducted by Owners or by
a civic or historic organization selected by
Owners.'
(d) Owners shall provide for such periodic
examinations, by appointment, of the interior and
exterior of the Property by the County Assesses:,
960201 lac0080l';8
d8PflGE|375
the State Department of Parks and Recreation, the
State Board of Equalization and City, as may be
necessary to determine Ovmers's compliance with
this Agreement.
SECTION 4 - RECORDATION; WRITTEN NOTICE
On or before March 1, 199 S, City shall record an executed
copy of this Agreement in the Office of the Santa Clara County
Recorder. Owners shall provide written notice of this Agreement to
the Office of Historic Preservation, within six (6) months of
entering into this Agreement.
SECTION 5 - RENE^
On M&rch 1, 1997, and on March 1 of each year thereafter
("Renewal Date"), oiie (1) year shall be automatically added to the
initial term of this Agreement, unless notice of nonrenewal is
given as provided in this Section. If either Owners or City desire
in any year not to renew the Agreement, such party shall serve
written notice of nonrenewal of the Agreement oh the other party in
advance of the Renewal Date. Unless, such notice is served by
Owners to City at least ninety (90) days prior to the Renewal Date
or by City at least sixty. (SO) days prior to the Renewal Date, one
(1) year shall automatically be added to the term of this
Agreement. Upon receipt by Owners of the notice of nonrenewal from
City, Owners may make a written protest of the notice i City.may,
at any time prior to the Renewal Date, withdraw its notice- to
Owners of nonrenewal. If either City or Ovnaers serves notice to
the other of nonrenewal in any year, the Agreement shall remain in
effect for the balance of the term remaining since its original
execution, or since the last renewal of the Agreement, whichever
the case may be.
.. .SECTION 6 - CANCELLATION
City may cancel this Agreement if it determines,
following a noticed public hearing, that Owners have breached any
of the conditions of the Agreement or have allowed the property to
deteriorate to the point that it no longer meets the standards for
a qualified historic property. City may also cancel this Agreement
if it determines that Owners have failed to restore or rehabilitate
the property in, the manner specified in Section 3 of this
Agreement. As an alternative, to cancellation of the Agreement .for
breach of any condition, the City shall pursue all available legal
remedies to seek enforcement of the Agreement, including bringing
a court action to enforce the Agreement by specific performance
and/or injunctive relief.
SECTION 7 - ATTORNEYS' FEES
The prevailing party in any action to interpret or
enforce this Agreement shall be entitled to recover its reasonable
attorneys' fees.
960201 Ue 0080198
P208PftGE|378
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189) .
STATE OF 0^M.^O^/i/)UA ) •
COUNTY OF Sov^fZtf QJ^A^ ] )
On ^ 799<&. before me,^^^^^ a
notary public in ^nd'for said County, perstonally appeared MILDRED
M. MARIO, personally known to me (or proved to.me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instrument, and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the
instniment the person, or the entity upon behalf of which the
person acted, executed the. instrument.
WITNESS my hand and official seal. ^
/ • /) /i^ i ^fS^ Commtalon #1077415 . g.
i^Turi^ a- i OP '*£S£^-Sr'° \
Mf Comm. Expires Nov 12.19991
m m 9 m w V m mnw \
960201 Ik 0080198
EXHIBIT "A"
All that real property commonly designated by street
address as 900 University Avenue, Palo Alto, Santa Clara County,
California 94301, and more particularly described as follows:
Beginning at the Westerly comer of Lot 1,
Block 67 as shown on that certain map entitled
"University Park" recorded on February 27, 1889
in Book "D" .of. Maps at page 69., records of
Santa Clara-. Goointy, California, .. said. poiijit _ _
also being the point of Intersection of the
Northeasterly line of Seneca Street with the
Southeasterly line of University Avenue;
thehce N. 38" 05' E. along said Southeasterly
line 200.00 feet; thence leaving said
Southeasterly line S. 51" 55' E. 200.00 feet;
theiice S.. 38" 05' W. 200.00 feet to a point on-
said Northeasterly line of . Seneca Street;
thence N,. 51" 55' W. along said last named
line 200.00 feet, to the point of beginning,
containing 0.918 acre, more or less, and being
a portion of said Lot X.
a<m(ii l.>-iifiim707
"f *•
. Jir.o Requested BY: e^^-^for.Tia L.arJ •. itle Compar^y =row No. 55702-SV
.••iairTo\ ConfitructioMS Systens Inc. 'VN: 3-4-oS
1499 SticrllhRoad• 6
Moantain View, Caliiorni 94040
N
3-4-15 5032944
- C 793 ntSlZ
GRANT DEED, RESERVATION OF FACADE BASEMENT,
AND DECLARATION OF COVENAiVTS, CONDITIONS,
AMD RESTRICTIONS ' : . . : . ^ .., ^,
THIS AGREEMENT is wad-j by and between the Cr'3f OF PALO ALTO,
a municipal corporation of the State of California, hereinafter
referred to as "City," and CONSTRUrriON SYSTEMS, INC., a California
corporation, with offices at 1499 Stierlin Road, Mountain View,
'^^.'ifornia, hereinafter referred to as "Grantee";
W I N E S S E T H:
WHEREAS, as of the date hereof, CITY is the owner of certain
real property. Including all improvements located thereon, in the
City of Pailo Alto, County of Sai^ta Clara, State of California,
which property is commonly designated by street address as
900 University Avenue, and is more particularly described in the
documeat attached hereto, designated as Exhibit "A", and incor-
por<atecl by reference as though fully set forth herein, all of
which j.s hereafter referred to as the "property*; aiid
traCREAS, situate on the £>rQperty there is a house commonly '
known as "the, SgUire House," which was constructed in 1905, is'
of historical'and architectufdl significanbe, and, together With
the la^id upon which it is situated, is an historical atnd archi-
tectural site worthy of perpetual preservationi and
WHEREAS, the land surrounding the Squire Incuse has affixed
thereto a stand of twenty-five (25) large palm trees, one (1)
spcciman oak tree, and-two (2)'spesiaien redwood trees, the pre-
servation of which enhances the historical and zurchitectural aspects
of the Squire House; and
vniERSAS, the past tendency to destroy old, graceful and
traditional architecture and td"build in its place often grace-
less, even'if cbntempcrarily..popular, architecture, is being
replaced in the Palo' Alto cointauhil.y by an increasing appreciation
of the' value of retaining the richuesA of our heritage; and
WHEREAS, it is the intent of CITY, and the desire of GRANTEE,
to preserve and zaaintain the property in' a physical t^onditipn which,
as nearly as reasonably possible, would resemble its original
chairacter as a single-family dwelling in a formal estato setting;
NOW, THEREFORE, in recogniliion of the foregoing and for
valuable consideration, receipt'of which hereby is acknowledged,
CITY grants and conveys to ;GRANTEE title to the. property, re-
sdrvin9 therefrom a perpetual facade easement in gross in the
property, hereinafter referred to as the "easemeiv^" which
easement includes and is subject to t^e ccvenanta^^bnditions,
and restrictions that follow. • •"' "
//
ItaMi CkiV Omv^^ flWiflii
odSO
RESERVATION OF FACADE\EASEMENT
the p.v6perty coqsistiiig /
native and negative coves*'? ' The CITY reserves an interest
of the benefit of the following affii
nantS/ conditions/ and restrictionst
(1) Building. GPANTEE shal'I^ot, without the prior wr/ltten
approval o£ CITY, undertake, or penrdt, directly or indirectly,
any destruction, construction; alteration,, remodeling, or sialnting,
or do or-permit, directly or;indirectly, arty other thin^ vpaich
would.materially -affect^'the exterior appearance, includin/j the
roof,. or public view of the Squire House as depicted in yhe
photogfapnn the. plot plan; - and' other documents attache^ hereto,
designated as Exhibit "B^;vand incorporated by refers nc6 as though
fully set forth herein.' ., '
(2) . Historical Designation.Monument;• GRANTEE sAall .not,
without the ::prior written'approval of CITY, under tsJe«j or permit,
direetly or.indirectly, the removal, destruction, a«tera,tion, or
inoveioisnt of' the; miDuument which hais attached to it the historical
designation plaque : as depict.ed .in said Exhibit "B". The written
approval requJired to. be obtained from CXTY hereunder may be given
by the: City Manager of CITY or his/her authorized representative
for th'e.nioveident of. the monuioent to ah alternate location on the
Squire . House property. at the e^ense of GRANTEE and under the
supezvisiori'of'CITY.
(3) Trees J. : GiRANTEE • shal 1- not, without the prior written
approval o£ CITY,;. wider take' or permit, directly or indirectly,
any. removal, destruction, altieration, or major pruning, or do
or permit, directly or indirectly, any other thing which would
niaterially . af fect the appearance, health, or pul>lic view of the
aforesaid palm trees, oak.tree, and redwood trees, as depicted
in the plot.plan,.attached hereto, designated as Exhibit "C", and
incorporated by'^ireference as though fully set forth herein. The
written approval•required to be obtained from CITY hereunder may
be given by the City. Manager of CITY or hie/her e.^thorized rep-
resentative for the. pruning or h-^alth maintenance of the trees,
th<« removal-of diseased trees, '^nd installations, construction,
and repairs on the.property which might affect said trees but
not the Squire House.
(4) Maintenance and Repair. .RAMTEE at all times shall
maintain- the property , in a ^eife, good, and scund state of repair
arid <ihall take all reasonable actiorv so that minimal deteriora-
tion in its present''exterior, appearance, as depicted in said
Exhibit "Bi* and Exhibit "C"/ and any improvements .jnd repairs
thereto shall take place.* GRANTEE agrees to save and hold harmless
CITY, its ^ployees, officers,.agents, and assigns from any and all
liability, including costs and attorneys fees, arising out of
GKAMTEE's failure to properly maintain the property as required
hereunde.:.
(5) Insurance. GRANTEE at all tithes and at his sole cost
and expense shall maintain and keep in force a standard homeowners
insurance policy. Form 3, Or equivalent coverage on the property
-2-
such.as a standard fi
the dyielling special
Best's as A, AAA or b
shall be insured for
cost at the time of 1
nioans replaccc^nb or
architectural integri
from time to time.
re insurance policy with extended coverage,
form, with an insurance company rated by
etter. the Squire House and in»prov6fr.entS!: *•
no less th^n its replacement or reconstruction
osa. Said replaceinent or reconstruction cost
reconstruction to the original character and
ty of the Squire House as It may ba improved
The City of Palo Alto shall be n<ar.ed as an additional insured
under the above-specified insuremce policy.
A certificate of said Property Insurance shall be filed with
Che. City Clerk of CITY concurrently with the execution of this
agreement or .within ten (10) dayj thereafter.
A certified copy of said policy will also be filed with the
City Clerk of CITY within thirt, (30) days of the execution of
this agreement.
Said certificate and policy shall be subject to the approval
of the City Attorney of CITY. Current certificates and policies
of insurance shall be kept on file with the City Clerk of CITY
during the entire duration of this agreement.
(6) Restoration. In the event of ''ny damage to, or de-
struction of, any.part of the property adversely aff^ctinrr.
directly or indirectly, the interest in the property reserved
hy CITY:
(a) GRANTEE shall immediately notify CITY in writing
of such daxaage or destruction.
(b) GRANTEE shall pursue in a timely maxmer all avail-
able claims and remedies againsU any insurance policy covering,
and against any person or entity responsible fur, the damage or
destruction.
(c) -6RAMTEE shall use any iijoney or other thing de-
rived from any such claim or remedy to restore the damaged or
destroyed part of the property adversely affecting CITY*s
interests therein as soon as possible tn its pre-existing con-
dition and architectural integrity, subject to the required
prior written approval of CITY, ar specified above.
(7) Entry by CITY. CITY shall have the right to enter
upon the property, including any structure thereon, after rea-
sonable prior notice to GRAl^TEE, at all reasonable times in
order to inspect the same and to oxercise any or all of its
rights herein.
(8) Subdivision. The property shall not be subdivided.
Kegardl
(9) fndustrial, Comir^rcial, Mining, or Drilliny Activities,
aiess of the zoning of the property, no xna istrxal, comroorcial.
mining, or drilling activities ah^ll be carried out upon the pro-
perty without the prior written approval of CITY for each such
proposed new or different activity.
-3-
4 (9»
(10) Improvement and Pepair by City. CITY sha:
iht, but hot the obligation, to inake Improvements
CITY shall have the
right, but not tne ouiigation, to maxe amprovements or repairs .
to th.e property, including the Squire House/ and all other'
st!ructu-..s and fixtures thereon, to preserve and enhance the
property's historical emd architectural authenticity and to
retain and maintain as nearly as possible the original character
of the property. ^
(11) Additional Structllres and Planting. No structures in
addition to the existing oiies, including fencing, shall be con-
structed or erected on the proEierty without the prior written
approval pf CITY. No planting shall significantly obstruct the
view of the Squire Tfouae from ad-iaeent Btreeta and sidewalKs.
II
NATURE AND DURATION
The covenants, conditions, and restrictions contained herein
constitute a binding equitable servitude upon the property, in
perpetuityand shall run with the land and shall be binding on
all parties having or acquiring any right, title, or interest in
the property or any part there^pf, including agents, personal
representatives,,ntortgagees, hiiirs, assigns, and all other successors
in interest, and shall inure to the benefit of CITY, its successors,
and assigns. GRANTEE agrees that the covenemts, conditions, and
restrictions contained herein will be inserted in any subsequent
deed or other legal instrument by which GRANTEE divests hintself/
herself of either fee sinqple title to, or of any other possessory
interest in, the property.
Ill
REMEDIES
In the event GRANTEE violates any provision hereof, CITY
shall have available such legal and equitable remedies as are
provided by law to enforce the obliga^tibn or obligations of
GRANTEE hereunder and, in addition thereto and as en alte^rnative,
at the sole option and discretion of CITY> CITY nay enter upon
the property and any structure thereon to'correct any.viblatlon
and hold GRANTEE responsible for the Cost thereof after thirty days*
written notice to GRANTEE to Cure the violation and failure by
GRANTEli; to SO cure the violation. Said costs shall be deemed
to be an assessment.
IV
LIEN FOR ASSESSED COSTS
(I) Creation of Lien and Procedure. Bach of such costs
assessed pursuant to Article III hereof shall be a separate
and .-listincv. debt obligation of GRANTEE. The amovmt of any
assessment, including Interest at the rate of nine and one-half
percent '9-1/21), and costs, i.icluding reasonable attorneys' fees,
shall be a lien upon the property, and GR-J^ITEE hereby expressly
grants tc CITY e.nd its assign or assigns a continuing lien against
the property to secure the payiricnt to CITY and its assign or
assi^-ns of any and all such assessments which may be made from
t-i..e .to time. As such assessmonts are made against GRANTEE, CITY
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C' 793 H«616
.1'
shall cause to be recorded with the county recorder of tJ^o County
cf Santa Clara a notice of assessment, which shall'btate*'uicf ^\
amount of such assessment and such other charges thereon, a des-
cription cf Uifi .p-tpperty, and the name of the record owner or
owners thereof' Such notice shall be signed by the City Manager
of CITY or his/her authorized representative. Upon payment of
such assessment and charges in connection .with which such notice
has been so Recorded, or other satisfaction thereof, the City
Manager of CITY or his/her ^authiorlsed representative shall cause
to be riecbrded a further notice stating the satisi^action and re-
lease of the lien assessment thereof. Except as provided herein,
such continuing lien shall>e prior to all other liens and en-
cu.'Td:>rances recorded subsequent to the record.ation o£ this document
unless CITY, and GRANTEE agree to the subcxdinatlon thereof to
other liens and •..enciunbrances.
(2). Alternative Creiiation of Lieii. If it should be deter-
mined by .a Court, by judicial prececleiM:, or otherwise that the lien
granted hereunder, c&nnot-attach. to .the property until jkhe amount
of the particular assessment ia'.ascertairied,or that the lien is
otherwise invalid "or void, theii the parties agree that a separate
lien s}>all attach to the property and come into being upon recorda-
tion of a Tuatlce of assessxaent as. provided herein and that , each of
such liens shall be prior to all other liens and encumbrances
recorded subsequent to the recordation of said notice of assessment
unless CITY .and GRAltTEZ agree to the subordination thereof to
other liens ^nd encumbrances. '
,(3) Foreclosure. With the prior approval of the Council of
CITY, «ity such lien may be foreclosed by an appropriate action in
Court or in.tne aaamer provided by law for the foreclosure of a
mortgage under power of sale. Any action in Court brought to
foreclose such a lien shall b@« commenced within two (2) years fol-
lowing such recordation. .In the event the foreclosure is under =\
power of sale, as in.the case qf a mpr^gage, the Gity^ Meager of
CITY or hia/hex- authprized representative or the assign or assigns
of CITY shall be deemed to b^ .'acting as the agent of ClTi, and
CITY, or its.^ assign or assigns, as the case may be, shall be en- .
pitied to actual expenses and such fees as may be allowed by law
or as may be prevailing at the time the sale is conducted;
, • • • /• • • '
(4) Sale. Such sale shall be conducted in accordance with
the provisions of law applicable to the exercise of powers of.
salts and mortgages and deeds of trust; of in any other manner.;
permitted by law. With the prior approval o£ the CounciV of CITY
the certificate of sale may be executed and acknowledged by.\'the
City Manager of CITY or by the person cohductin^' the sale. ' A
deed upon th&^GQurt'3 foreclosure shall be executed In a like
mannez after the lapse of the-period of redemption then required
by statute,
(5)' Other Liens. No provision hereof respecting the
creation o^'a contractual lien shall in any way be construed '
as limiting or waiving any right of CITY to assert any statutory
or other lien that may be availeible to it.
i
-5-
4
c m msv?
MORTGAGE PROTECTION
(1) Sulaordination Agreement. Notwithstanding all other provisions herein/ the lien or liens, as the case may be, created uiider Article IV hereof on the property shall be subject and subordinate to., and shall not affect the rights of the holder of tlie indebtedness secured by £iny recorded first mortgage (meaning a mortgage with first priority over other mortgages) upon such interest made in good faith and ^or value, provided that utiere is no outsteuidlng recorded not'.ce of assessment pursuant to Article IV hereof. ' If thnra is any outstanding recorded notice of assessment prior to a first mortgage, then the amount of the lien shown on the notice or notices of assessment shall be senior to the interest of the mortgagee, but otherwise any further right of CITY to lien pursuant to Article IV shall be subordinate to such mortgagee. After the foreclosure of any suuh mortgage, there is, or may be* as the case may be, a lien created pursu2uit to Article IV hereof on the interest of t}ie purq^taser at such foreclosure sale to secure all
assGssroiBnts ass^^ssed hereunder to such purchaser as a GBANTBE after the diate of such foreclosure sale, which said lien, if any claimed, shall have the sair.> effect and be enforced in the saxaa manner as provided herein.
(2) Anig.n4iwfint. No amendment of this Article shall affect
the rights, of the holder of any such mortgage recorded prior to
the recordation of such amendment who does not join in the execution
thereof.
VI
SEVERABILITY
The provisions hereof shall be deemed to be independent
and severable, .and', the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
not affect tlie validity or enforceability of any other provision
hereof. . '
VII
INTERPRETATION
The; provisions hereof shall be liberally construed to effectuiite the purposes recited herein. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof.
VIII - •
NOTICES
Any. and all notices or other communications required or permitted hereunder or by law to be served on or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly ser\'cd and given when deposited in the United States mail, first-claiSs postage prepaid, addressed to GRANTEE at the address of the property or to CITY, in care of
-6-
ti'.e City Clerk, Civic Center, 250 Hamilton Avenue, Palo Alto, California 94301. Either party may cfiange their address for the purpose of this Article by giving written notice of puch change to the other party in the manner provided in this Article.
IX
TIME OF ESSENCE
Time is expressly declared to be the essence of this agree-
inent.
COSTS AMD ATTORNEYS' FEES
The prevailing party in any action brought to enforce the terihs of this agreexcent or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party.
IN WITNESS WHEREOF, CITY has caused its name 2md seal to be affixed hereto a:\d this instrument to be executed bj' its
duly authorized officer this fItL day of /XoA t>C ,
1977. ; I, . ~" m CITY PALO ALT
APPRO
i ty iiaina^)?^
: r -• .V APPROVED:
Ciey Controller
AT'PkOVED: yy
t)lrec;Cor p.f Budget & Staff Services
-7-
City of Palo Alto (ID # 8643)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Adoption of Ordinance Reauthorizing Public, Education, and
Government Access Fees
Title: Adoption of an Ordinance Amending Chapter 2.11 of Title 2 of the Palo
Alto Municipal Code to Reauthorize Public, Education, and Government
Access Fees That Will Apply to Comcast as it Provides Service Under its State
Video Franchise
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that the Council adopt an ordinance amending Chapter 2.11 of Title 2 of the
Palo Alto Municipal Code to reauthorize a fee to support Public, Education, and Government
(PEG) Access that will apply to Comcast as it provides service under its State Video Franchise.
Executive Summary
In 2008, the Council adopted an ordinance establishing a PEG fee of $0.88 per residential
subscriber per month. The City is required to reauthorize this fee by ordinance at the
expiration and renewal of each state video franchise. Comcast has notified the City that it plans
to renew its state-issued franchise that expires on January 2, 2018. The proposed ordinance
provides for the continued payment of a PEG fee by Comcast.
Background
In 1983, the cities of Palo Alto, Menlo Park, East Palo Alto, the Town of Atherton and portions
of San Mateo and Santa Clara Counties entered into a Joint Exercise of Powers Agreement (JPA)
for purposes of obtaining cable television service for residents, businesses and institutions
within these jurisdictions. The JPA gives the City of Palo Alto the sole authority to grant and
administer the cable franchise process on behalf of its members. The JPA members continue to
rely on Palo Alto for such activities as franchise and PEG fee collection, PEG oversight, customer
service and the like with respect to all state franchise holders.
The Digital Infrastructure and Video Competition Act of 2006 (DIVCA) went into effect on
January 1, 2007. DIVCA established a state franchising system administered by the Public
Utilities Commission for video service providers. DIVCA allows the City to exact a fee from
City of Palo Alto Page 2
video service providers with state-issued franchises for Public, Education, and Governmental
channel purposes.
In 2008, the Council adopted an ordinance, amending Chapter 2.11 of the Palo Alto Municipal
Code, to establish a PEG fee of $0.88 per residential subscriber per month. At the time, the City
had the option of selecting its existing PEG fee of $0.88 per subscriber or establishing a fee of 1
percent of the video service provider’s gross video service revenues. The City adopted the
$0.88 PEG fee because it yielded 30 percent more than the 1 percent fee.
DIVCA requires the City to reauthorize the $0.88 PEG fee by ordinance at the expiration and
renewal of each state video franchise. The term of a state franchise is 10 years. The City
adopted an ordinance reauthorizing the AT&T PEG support fee at the renewal of its State Video
Franchise on March 30, 2017.
Discussion
The Comcast State Video Franchise is set to expire on January 2, 2018. Comcast has notified the
City that is plans to renew its Franchise. Staff is proposing that the City adopt an ordinance
reauthorizing a PEG support fee of $0.88 per residential subscriber per month that will apply to
Comcast under its renewed State Video Franchise.
Palo Alto has designated the Media Center, as its Community Access Organization, to operate
and manage its PEG channels and to promote PEG access. The City forwards the PEG fees it
receives from AT&T and Comcast (amounting to $329,813 in 2016) directly to the Media
Center. Federal law restricts the use of PEG fees to capital expenditures.
On May 10, 2016, following a review of the Cable Franchise and PEG Fee Audit, the Policy &
Services Committee directed staff to work with the Media Center to ensure the PEG fee
program complies with federal Cable Act provisions. The Media Center is now placing PEG fees
in a restricted account that can only be used for capital expenditures. Staff plans to update
Council on its work with the Media Center in the near future.
Resource Impact
In 2016, the JPA received PEG fees from Comcast in the amount of $290,327. PEG fees from
both AT&T and Comcast amounted to $329,813 in 2016. The proposed ordinance provides for
the continued payment of Comcast PEG fees.
Attachments:
Attachment A - Draft PEG Fee Reauthorization Ordinance
Attachment A
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NOT YET APPROVED
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 2.11
of Title 2 of the Palo Alto Municipal Code to Amend Section 2.11.070 (Public,
Education and Government Access Channel Capacity and Support) to Reauthorize
Comcast’s PEG Support Fee on Renewal of Its State Franchise
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
Palo Alto requires holders of State Video Franchises to pay a fee of $0.88 per residential
subscriber per month to support Public, Education, and Government (PEG) Access.
The City is required to reauthorize this fee by ordinance at expiration and renewal of each state
video franchise.
Comcast has notified the City that its state-issued franchise expires on January 2, 2018 and will
be renewed thereafter. Accordingly, the City reauthorizes the support fee for PEG access
according to the existing terms.
SECTION 2. Section 2.11.070 (Public, education and government access channel
capacity and support) of Chapter 2.11 (Video Service Providers- Applicable Requirements) of
the Palo Alto Municipal Code is hereby amended to read as follows:
2.11.070 Public, education and government access channel capacity and support.
(a) PEG Channel Capacity.
(1) A state franchisee shall designate and activate seven PEG channels on its
network. The state franchisee shall designate and activate the seven PEG channels within three
months from the date that the state franchisee receives a state franchise to provide video
service in an area including the city, provided, however, that this three-month period shall be
tolled for such a period, and only for such a period, during which the state franchisee's ability to
designate or provide such PEG capacity is technically infeasible, as provided in Section 5870(a)
of the California Public Utilities Code.
(2) A state franchisee shall provide an additional PEG channel when the
standards set forth in Section 5870(d) of the California Public Utilities Code are satisfied by the
city or any entity designated by the city to be responsible for PEG access channel capacity and
support.
Attachment A
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(b) PEG Support.
(1) Amount of PEG Support Fee.
(A) Except as provided in subparagraphs (B) and (C), every state
franchisee operating within the jurisdictional boundaries of the city shall pay a PEG support fee
to the city in the amount of eighty-eight cents ($0.88) per month per subscriber within the
jurisdictional boundaries of the city.
(B) Upon the expiration of the Comcast Franchise or its earlier
termination pursuant to Section 5840(o)(3) of the California Public Utility Code, every state
franchisee operating within the jurisdictional boundaries of the city shall pay a new PEG
support fee to the city in the amount of eighty-eight cents ($.88) per month per subscriber in
the city.
(C) The PEG support fee established by the city pursuant to paragraph
(b)(1)(B) shall expire with respect to a particular state franchisee upon the expiration of that
state franchisee's state franchise, and the city shall, by ordinance, reauthorize the PEG support
fee for that state franchisee upon such expiration.
(2) The PEG support fee shall be used by the city for PEG purposes consistent
with state and federal law.
(3) A state franchisee shall remit the PEG support fee to the city quarterly,
within forty-five days after the end of each calendar quarter. Each payment shall be
accompanied by a summary explaining the basis for the calculation of the PEG support fee.
(4) If a state franchisee fails to pay the PEG support fee when due, or underpays
the proper amount due, the state franchisee shall pay a late payment charge at an annual
interest rate equal to the highest prime lending rate during the period of delinquency, plus one
percent or the highest rate allowed by California law, whichever is lower.
(c) PEG Carriage and Interconnection.
(1) State franchisees shall ensure that all PEG channels are receivable by all
subscribers, whether they receive digital or analog service, or a combination thereof, without
the need for any equipment other than that needed to receive the lowest cost tier of service.
PEG access capacity provided by a state franchisee shall be of similar quality and functionality
to that offered by commercial channels on the state franchisee's lowest cost tier of service
unless the PEG signal is provided to the state franchisee at a lower quality or with less
functionality.
(2) If a state franchisee and an incumbent cable operator cannot reach a
mutually acceptable interconnection agreement for PEG carriage, the city shall require the
Attachment A
171127 th 0140183
incumbent cable operator to allow the state franchisee to interconnect its network with the
incumbent cable operator's network at a technically feasible point on the state franchisee's
network as identified by the state franchisee. If no technically feasible point of interconnection
is available, the state franchisee shall make interconnection available to the PEG channel
originator and shall provide the facilities necessary for the interconnection. The cost of any
interconnection shall be borne by the state franchisee requesting the interconnection unless
otherwise agreed to by the parties.
(d) Institutional Network and Other In-Kind PEG Facilities and Cable Service Support
Obligations. The incumbent cable operator's obligation to provide and support PEG channel
facilities and institutional networks and to provide free cable service to schools and other public
buildings as provided in the Comcast Franchise shall continue until July 25, 2010.
(e) PEG support fee reauthorizations.
(1) On expiration and renewal of AT&T’s state franchise on March 30, 2017, the
city hereby reauthorizes the PEG support fee.
(2) On expiration and renewal of Comcast’s state franchise on January 2, 2018,
the city hereby reauthorizes the PEG support fee.
SECTION 3. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this Ordinance
are hereby declared to be severable.
SECTION 4. Effective Date. This ordinance shall be effective on the thirty-first date after
the date of its adoption.
SECTION 5. CEQA. The City Council finds and determines that this Ordinance is not a
project within the meaning of section 15378 of the California Environmental Quality Act
(“CEQA”) because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it
/ /
/ /
/ /
/ /
Attachment A
171127 th 0140183
can be seen with certainty to have no possibility of a significant effect on the environment in
that this Ordinance simply clarifies existing local regulations.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
______________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: ____________________________
City Manager
______________________________
City Attorney ____________________________
Director of Information Technology
____________________________
Director of Administrative Services
City of Palo Alto (ID # 8634)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Approval of Contract with the Downtown Streets Team
Title: Approval of a Three Year Contract with Downtown Streets, Inc. in a
Total Amount Not to Exceed of $410,616 for Maintenance Services for the
City's Five Downtown Parking Garages, Downtown Sidewalks and Alleys,
Lytton and Cogswell Plaza, the Stanford/Palo Alto Playing Fields, City Hall
and the Old Community Garden, and Provide Outreach Case Management
Services to the Downtown Core with the Intent of Linking Homeless
Individuals to Community and Housing Services
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that the City Council approve and authorize the City Manager
or his designee to execute the attached contract with the Downtown Streets
Team, Inc. (Attachment A) in the amount of $136,872 per year for a term of three
years in an amount not to exceed $410,616 for cleaning in the City’s five
downtown parking garages and on Downtown Business District sidewalks, alleys
and plazas; peer to peer outreach; and case management services for the
homeless.
Background
The Downtown Business District is maintained in a safe, clean and appealing
manner. Not only is cleanliness an important civic priority, it is essential to
maintaining a healthy and vital economic environment which continues to
generate healthy tax revenues and our downtown Palo Alto visitors, shoppers,
diners, employees and local residents expect a positive experience when using
downtown services.
The Downtown Streets Team (DST) is a program founded by the Palo Alto
City of Palo Alto Page 2
Business Improvement District (BID) to reduce panhandling, provide re-entry skills
to the homeless in our community and clean downtown streets. The program is
aimed at reducing homelessness by encouraging participants to “take an active
role in their recovery”, model positive behavior, and “create long-term solutions
for their peers.” In return participants can work with a case manager to obtain
housing and other life support credits. Each participant is evaluated on his/her
individual performance and recognized for their accomplishments. The skills
learned through this program can then be used to seek further employment.
The City has partnered with DST since 2006 and the resultant decrease in
homeless issues has been attributed to the increased presence of DST participants
in the garages. In 2010 discussions with downtown stakeholders,including BID
and Palo Alto Downtown Professional and Business Association (PAd), a
combination of services that would raise the standards of cleanliness in the area
was requested. The enhanced services included emptying overflowing garbage
receptacles on University Avenue on Saturday and Sunday afternoons, cleaning
the alleyways, picking up litter in the five parking structures (S & L, R, J, Q and
Civic Center), and providing a roving patrol moving every 30 minutes through
each garage where facilities are checked for homeless persons, suspicious
vehicles, skateboarders, roller skaters, bicyclists, and/or other safety hazards
which are then appropriately reported to departments for action. City staff also
inspects downtown areas periodically and any problems or issues related to DST
work are addressed and responded to within 48 hours.
Discussion
In addition to the existing service DST participants provide, including maintenance
services seven days a week in the parking garages, sidewalks and alleys; Lytton
and Cogswell plazas; and various other locations in the downtown area. Services
include: picking up litter and emptying trash recepticals; reporting safety hazards
and areas in need maintenance to City staff; wiping down and rearranging tables
and chairs in Lytton Plaza; reporting vandalism and graffiti; and notification of
suspicious persons and vehicles to the authorities, the new contract will include
an increased presence in the common areas of City Hall to provide peer outreach
and litter removal. DST and the City have developed a tentative schedule of daily
tasks that shall be adhered to except for in cases of incliment weather or
exceptional operational needs. This schedule of performance is outlined in Exhibit
B of the attached contract (Attachment A).
City of Palo Alto Page 3
In addition to the structured schedule for DST participants, DST will provide an
intermediary between DST and the City in the form of a Project Manager, who
shall provide a minimum of four hours of outreach services per week. The
contract also provides for a minimum of twelve hours per week for Case
Management sessions and project support. The DST Project Manager will provide
the City with monthly written reports, attend monthly meetings with PAd to
report on the current progress of DST, and attend quarterly meetings with a
Community Services Department manager.
Since DST is the only vendor that uses a peer-to-peer model to provide outreach
to homeless individuals while providing services to the downtown area, this
contract meets the requirements for exemption from solicitation based on
Municipal Code section 2.30.360(d).
Resource Impact
The cost of this contract remains the same as currently paid to Downtown Streets
Team, Inc. and funding for year one of the contract was approved as part of the
Fiscal Year 2018:the University Avenue Parking Permit Fund ($107,748.00) and
Community Services Department’s General Fund operating budget ($29,124.00).
Funding for contract years two and three are subject to the annual appropriation
of funds.
Policy Implications
Approval of the agreements is consistent with existing City policies.
Environmental Review
These services for continuing maintenance do not constitute a project for the
purposes of the California Environmental Quality Act.
Attachments:
·Attachment A -Downtown Streets Team Contract
City of Palo Alto General Services Agreement 1 Rev. February 8, 2017
CITY OF PALO ALTO CONTRACT NO. ____________
GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND DOWNTOWN STREETS TEAM, INC.
THIS AGREEMENT made and entered into on the 5th day of December, 2017, by and
between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and DOWNTOWN STREETS TEAM, INC.,a California public benefit non-profit
corporation, located at 1671 The Alameda, Suite 306, San Jose, CA 95126,Telephone
Number: (650) 305-1174 (“CONTRACTOR”). In consideration of their mutual covenants,
the parties hereto agree as follows:
1.SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”)
described in the Scope of Services, attached at Exhibit A.
Optional On-Call Provision (This provision only applies if checked and only
applies to on-call agreements.)
Services will be authorized by CITY, as needed, with a Task Order assigned and
approved by CITY’s Project Manager. Each Task Order shall be in substantially the
same form as Exhibit A-1. Each Task Order shall designate a CITY Project
Manager and shall contain a specific scope of work, a specific schedule of
performance and a specific compensation amount.The total price of all Task
Orders issued under this Agreement shall not exceed the amount of
Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only
be compensated for work performed under an authorized Task Order and CITY
may elect, but is not required, to authorize work up to the maximum
compensation amount set forth in Section 5.
2. EXHIBITS. The following exhibits are attached to and made a part of this
Agreement:
“A” -Scope of Services
“B” -Schedule of Performance
“C”-Schedule of Fees
“D” -Insurance Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
City of Palo Alto General Services Agreement 2 Rev. February 8, 2017
3. TERM.
The term of this Agreement is from November 12, 2017 to November 11, 2020
inclusive, subject to the provisions of Sections Q and V of the General Terms and
Conditions.
4.SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within
the term of this Agreement in a reasonably prompt and timely manner based
upon the circumstances and direction communicated to CONTRACTOR, and if
applicable, in accordance with the schedule set forth in the Schedule of
Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees
to accept as not-to-exceed compensation for the full performance of the
Services and reimbursable expenses, if any:
City of Palo Alto General Services Agreement 3 Rev. February 8, 2017
subject to all requirements and restrictions in this Agreement.
6.COMPENSATION DURING ADDITIONAL TERMS.
City of Palo Alto General Services Agreement 4 Rev. February 8, 2017
Maintenance Services shall be invoiced separately and sent to City of Palo Alto,
Attention: Catherine Bourquin, 3201 East Bayshore Road, Palo Alto, CA 94303.
Invoices shall be submitted in arrears for Services performed. Invoices shall not
be submitted more frequently than monthly. Invoices shall provide a detailed
statement of Services performed during the invoice period and are subject to
verification by CITY. CITY shall pay the undisputed amount of invoices within 30
days of receipt.
GENERAL TERMS AND CONDITIONS
A.ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of
this Agreement. This Agreement includes and is limited to the terms and
conditions set forth in sections 1 through 7 above, these general terms and
conditions and the attached exhibits.
B.QUALIFICATIONS. CONTRACTOR represents and warrants that it has the
expertise and qualifications to complete the services described in Section 1 of
this Agreement, entitled “SERVICES,” and that every individual charged with the
performance of the services under this Agreement has sufficient skill and
experience and is duly licensed or certified, to the extent such licensing or
certification is required by law, to perform the Services. CITY expressly relies on
CONTRACTOR’s representations regarding its skills, knowledge, and
certifications. CONTRACTOR shall perform all work in accordance with generally
accepted business practices and performance standards of the industry,
including all federal, state, and local operation and safety regulations.
C.INDEPENDENT CONTRACTOR. It is understood and agreed that in the
performance of this Agreement, CONTRACTOR and any person employed by
CONTRACTOR shall at all times be considered an independent CONTRACTOR and
not an agent or employee of CITY. CONTRACTOR shall be responsible for
employing or engaging all persons necessary to complete the work required
under this Agreement.
D.SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any
Services under this Agreement unless CONTRACTOR obtains prior written
consent of CITY. CONTRACTOR shall be solely responsible for directing the work
of approved subcontractors and for any compensation due to subcontractors.
E.TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all
taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s
business.
City of Palo Alto General Services Agreement 5 Rev. February 8, 2017
F.COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the
Services comply with all applicable federal, state and local laws, ordinances,
regulations, and orders.
G.PALO ALTO MINIMUM WAGE ORDINANCE.CONTRACTOR shall comply with all
requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum
Wage), as it may be amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2)
hours of work in a calendar week within the geographic boundaries of the City,
CONTRACTOR shall pay such employees no less than the minimum wage set
forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within
the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR
shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code section 4.62.060.
H.DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole
expense, repair in kind, or as the City Manager or designee shall direct, any
damage to public or private property that occurs in connection with
CONTRACTOR’s performance of the Services. CITY may decline to approve and
may withhold payment in whole or in part to such extent as may be necessary to
protect CITY from loss because of defective work not remedied or other damage
to the CITY occurring in connection with CONTRACTOR’s performance of the
Services. CITY shall submit written documentation in support of such
withholding upon CONTRACTOR’s request. When the grounds described above
are removed, payment shall be made for amounts withheld because of them.
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under
this Agreement shall be performed in a professional and workmanlike manner in
accordance with generally accepted business practices and performance
standards of the industry and the requirements of this Agreement.
CONTRACTOR expressly warrants that all materials, goods and equipment
provided by CONTRACTOR under this Agreement shall be fit for the particular
purpose intended, shall be free from defects, and shall conform to the
requirements of this Agreement. CONTRACTOR agrees to promptly replace or
correct any material or service not in compliance with these warranties,
including incomplete, inaccurate, or defective material or service, at no further
cost to CITY. The warranties set forth in this section shall be in effect for a period
of one year from completion of the Services and shall survive the completion of
the Services or termination of this Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this
Agreement to determine whether CONTRACTOR’s work is completed in a
satisfactory manner and complies with the provisions of this Agreement.
City of Palo Alto General Services Agreement 6 Rev. February 8, 2017
K. CITY’S PROPERTY. Any reports, information, data or other material (including
copyright interests) developed, collected, assembled, prepared, or caused to be
prepared under this Agreement will become the property of CITY without
restriction or limitation upon their use and will not be made available to any
individual or organization by CONTRACTOR or its subcontractors, if any, without
the prior written approval of the City Manager.
L.AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives
to audit, at any reasonable time during the term of this Agreement and for three
(3) years from the date of final payment, CONTRACTOR’s records pertaining to
matters covered by this Agreement. CONTRACTOR agrees to maintain accurate
books and records in accordance with generally accepted accounting principles
for at least three (3) following the terms of this Agreement.
M.NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of any of its
rights under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full
force during the term of this Agreement, the insurance coverage described at
Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of
A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The
Risk Manager must approve deductibles and self-insured retentions. In addition,
all policies, endorsements, certificates and/or binders are subject to approval by
the Risk Manager as to form and content. CONTRACTOR shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured under any
general liability or automobile policy. CONTRACTOR shall obtain an
endorsement stating that the insurance is primary coverage and will not be
canceled or materially reduced in coverage or limits until after providing 30 days
prior written notice of the cancellation or modification to the Risk Manager.
CONTRACTOR shall provide certificates of such policies or other evidence of
coverage satisfactory to the Risk Manager, together with the required
endorsements and evidence of payment of premiums, to CITY concurrently with
the execution of this Agreement and shall throughout the term of this
Agreement provide current certificates evidencing the required insurance
coverages and endorsements to the Risk Manager. CONTRACTOR shall include
all subcontractors as insured under its policies or shall obtain and provide to CITY
separate certificates and endorsements for each subcontractor that meet all the
requirements of this section. The procuring of such required policies of insurance
shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY
under this Agreement.
City of Palo Alto General Services Agreement 7 Rev. February 8, 2017
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation
by the provisions of section N relating to insurance, CONTRACTOR shall
indemnify, defend and hold harmless CITY, its Council members, officers,
employees and agents from and against any and all demands, claims, injuries,
losses, or liabilities of any nature, including death or injury to any person,
property damage or any other loss and including without limitation all damages,
penalties, fines and judgments, associated investigation and administrative
expenses and defense costs, including, but not limited to reasonable attorney’s
fees, courts costs and costs of alternative dispute resolution), arising out of, or
resulting in any way from or in connection with the performance of this
Agreement. CONTRACTOR’s obligations under this Section apply regardless of
whether or not a liability is caused or contributed to by any negligent (passive or
active) act or omission of CITY, except that CONTRACTOR shall not be obligated
to indemnify for liability arising from the sole negligence or willful misconduct of
CITY. The acceptance of the Services by CITY shall not operate as a waiver of the
right of indemnification. The provisions of this Section survive the completion of
the Services or termination of this Agreement.
P.NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it
shall not discriminate in the employment of any person because of the race, skin
color, gender, age, religion, disability, national origin, ancestry, sexual
orientation, housing status, marital status, familial status, weight or height of
such person. CONTRACTOR acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements and the penalties for violation thereof, and
agrees to meet all requirements of Section 2.30.510 pertaining to
nondiscrimination in employment.
Q.WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement,
certifies that it is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and certifies that it will comply with such provisions, as
applicable, before commencing and during the performance of the Services.
R.TERMINATION. The City Manager may terminate this Agreement without cause
by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If
CONTRACTOR fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, the City Manager
may terminate this Agreement immediately upon written notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately
discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily
City of Palo Alto General Services Agreement 8 Rev. February 8, 2017
performed up to the effective date of termination. If the termination is for
cause, CITY may deduct from such payment the amount of actual damage, if any,
sustained by CITY due to CONTRACTOR’s failure to perform its material
obligations under this Agreement. Upon termination, CONTRACTOR shall
immediately deliver to the City Manager any and all copies of studies, sketches,
drawings, computations, and other material or products, whether or not
completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection
with this Agreement. Such materials shall become the property of CITY.
S.ASSIGNMENTS/CHANGES. This Agreement binds the parties and their
successors and assigns to all covenants of this Agreement. This Agreement shall
not be assigned or transferred without the prior written consent of CITY. No
amendments, changes or variations of any kind are authorized without the
written consent of CITY.
T.CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants
that it presently has no interest, and will not acquire any interest, direct or
indirect, financial or otherwise, which would conflict in any manner or degree
with the performance of this Contract. CONTRACTOR further covenants that, in
the performance of this Contract, it will not employ any person having such an
interest. CONTRACTOR certifies that no CITY Officer, employee, or authorized
representative has any financial interest in the business of CONTRACTOR and
that no person associated with CONTRACTOR has any interest, direct or indirect,
which could conflict with the faithful performance of this Contract.
CONTRACTOR agrees to advise CITY if any conflict arises.
U.GOVERNING LAW. This contract shall be governed and interpreted by the laws
of the State of California.
V.ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the
entire agreement between the parties with respect to the services that may be
the subject of this Agreement. Any variance in the exhibits does not affect the
validity of the Agreement and the Agreement itself controls over any conflicting
provisions in the exhibits. This Agreement supersedes all prior agreements,
representations, statements, negotiations and undertakings whether oral or
written.
W.NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the
Charter of the City of Palo Alto and the Palo Alto Municipal Code. This
Agreement will terminate without any penalty (a) at the end of any fiscal year in
the event that funds are not appropriated for the following fiscal year, or (b) at
any time within a fiscal year in the event that funds are only appropriated for a
portion of the fiscal year and funds for this Contract are no longer available. This
City of Palo Alto General Services Agreement 9 Rev. February 8, 2017
Section shall take precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Contract.
X.ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Division,
which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal
requirements of CITY’s Zero Waste Program. Zero Waste best practices include
first minimizing and reducing waste; second, reusing waste and third, recycling
or composting waste. In particular, CONTRACTOR shall comply with the
following zero waste requirements:
·All printed materials provided by CONTRACTOR to CITY generated from a
personal computer and printer including but not limited to, proposals,
quotes, invoices, reports, and public education materials, shall be double-
sided and printed on a minimum of 30% or greater post-consumer
content paper, unless otherwise approved by CITY’s Project Manager.
Any submitted materials printed by a professional printing company shall
be a minimum of 30% or greater post-consumer material and printed
with vegetable based inks.
·Goods purchased by Contractor on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including,but
not limited to,Extended Producer Responsibility requirements for
products and packaging. A copy of this policy is on file at the Purchasing
Division’s office.
·Reusable/returnable pallets shall be taken back by CONTRCATOR, at no
additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide
documentation from the facility accepting the pallets to verify that pallets
are not being disposed.
Y.AUTHORITY. The individual(s) executing this Agreement on behalf of the parties
represent and warrant that they have the legal capacity and authority to do so
on behalf of their respective legal entities.
Z.PREVAILING WAGES
This Project is not subject to prevailing wages.Contractor is not required to
pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7, if the contract is not a public works contract, if contract
does not include a public works construction project of more than $25,000, or
the contract does not include a public works alteration, demolition, repair, or
maintenance (collectively, ‘improvement’) project of more than $15,000.
City of Palo Alto General Services Agreement 10 Rev. February 8, 2017
OR
Contractor is required to pay general prevailing wages as defined in Subchapter
3, Title 8 of the California Code of Regulations and Section 16000 et seq.and
Section 1773.1 of the California Labor Code. Pursuant to the provisions of
Section 1773 of the Labor Code of the State of California, the City Council has
obtained the general prevailing rate of per diem wages and the general rate for
holiday and overtime work in this locality for each craft, classification, or type of
worker needed to execute the contract for this Project from the Director of the
Department of Industrial Relations (“DIR”).Copies of these rates may be
obtained at the Purchasing Division’s office of the City of Palo Alto.Contractor
shall provide a copy of prevailing wage rates to any staff or subcontractor hired,
and shall pay the adopted prevailing wage rates as a minimum.Contractor shall
comply with the provisions of all sections, including, but not limited to, Sections
1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to
prevailing wages.
AA.DIR REGISTRATION. In regard to any public work construction, alteration,
demolition, repair or maintenance work, CITY will not accept a bid proposal from
or enter into this Agreement with CONTRACTOR without proof that
CONTRACTOR and its listed subcontractors are registered with the California
Department of Industrial Relations (“DIR”) to perform public work, subject to
limited exceptions. City requires CONTRACTOR and its listed subcontractors to
comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor
Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid
proposal, subject to the requirements of Section 4104 of the Public Contract
Code, or engage in the performance of any contract for public work, as defined
in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of
the Business and Professions Code or Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public work
pursuant to Section 1725.5 at the time the contract is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that
CONTRCATOR is required to post all job site notices prescribed by law or
regulation and CONTRACTOR is subject to SB 854-compliance monitoring and
enforcement by DIR.
City of Palo Alto General Services Agreement 11 Rev. February 8, 2017
CITY requires CONTRACTOR and its listed subcontractors to comply with the
requirements of Labor Code section 1776, including:
Keep accurate payroll records, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by, respectively, CONTRACTOR and its
listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and
made available for inspection at all reasonable hours at the principal office of
CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, CONTRACTOR and its listed
subcontractors shall make the certified payroll records available for inspection or
furnished upon request to the project manager within ten (10) days of receipt of
CITY’s request.
[For state-and federally-funded projects] CITY requests CONTRACTOR
and its listed subcontractors to submit the certified payroll records to the
project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within
the 10-day period, then CONTRACTOR and its listed subcontractors shall be
subject to a penalty of one hundred dollars ($100.00) per calendar day, or
portion thereof, for each worker, and CITY shall withhold the sum total of
penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed
subcontractors’ payroll records (street address, city and county) at the
commencement of the Project, and also provide notice to the project manager
within five (5) business days of any change of location of those payroll records.
BB.CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the
case of any conflict between the terms of this Agreement and the exhibits hereto
or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of
any conflict between the exhibits hereto and CONTRACTOR’s proposal, the
exhibits shall control.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO
City of Palo Alto General Services Agreement 12 Rev. February 8, 2017
______________________________By________________________________________
City Manager or Designee
(Required on contracts $85,000 and over)Name _____________________________________
Title_______________________________________
__________________________Telephone: _______________________________
Purchasing Manager or Designee
Approved as to form:
___________________________
City Attorney or Designee
City of Palo Alto General Services Agreement 13 Rev. February 8, 2017
EXHIBIT A
SCOPE OF SERVICES
Task 1 –Street Cleaning Services
Contractor shall perform ongoing Street Cleaning Services, which includes cleaning of
the City’s five parking garages (Bryant/Lytton Garage; High/Alma South Garage;
High/Alma North Garage; Webster/Cowper Garage; and the Civic Center Garage),
sidewalks,and alleyways in the Downtown Palo Alto area. These services shall be
performed according to the attached schedule, and shall be performed at a minimum by a
two person crew. The level of service provided shall include, but not be limited to,
picking up litter, emptying trash receptacles along University Avenue, reporting
suspicious persons and vehicles to the proper authorities, reporting safety hazards such as
raised sidewalks and lights that are out, and reporting cases of vandalism and graffiti.
Contractor shall also, through the use of their employees, encourage other homeless
individuals to explore other options, and to explain all of the services that are available to
homeless individuals.Contractor shall send teams daily to Palo Alto City Hall to conduct
outreach, pick up trash, and ensure that no individuals are violating Palo Alto City Policy
4-07/MGR –Conduct in City Facilities.
Contractor shall also provide Outreach Case Management to the downtown core with the
intent of linking homeless individuals to community and housing services. The Project
Manager shall meet with homeless individuals who are living on the streets of downtown
Palo Alto and in parking garages in the downtown core. The Project Manager shall
provide outreach services at a minimum of four hours per week. Contractor shall also
provide Case Management sessions and project support at a minimum of twelve (12)
hours per week.
The Downtown Streets Team Project Manager shall also attend quarterly meetings with a
Palo Alto Community Services Department (CSD) manager. Contractor shall provide a
monthly report to CSD Manager that reports data on the number of homeless individuals
found in the garages, total number of interactions with homeless individuals, number of
follow ups with homeless individuals, number of homeless individuals who report that
they do not want to engage in any services offered, and other pertinent information that
conveys the barriers that homeless individuals face in accessing, following up with and
obtaining needed services. The Project Manager shall also attend monthly meetings of the
Palo Alto Downtown Business and Professional Association (PAd) to act as a liaison
between the business owners who have a vested interest in the services being provided,
city staff who manage the contract, and the Downtown Streets Team who run the
program. The Project Manager shall make a brief presentation at the monthly PAd
meetings to relay what efforts have been undertaken since the last meeting.
Task 2 –Cleaning Maintenance Services
Contractor shall provide Cleaning Maintenance Services for the following locations at the
prescribed frequencies:
City of Palo Alto General Services Agreement 14 Rev. February 8, 2017
Lytton Plaza –Maintenance service shall include, on a daily basis, the removal of trash
and litter, the re-arranging of chairs in the plaza, and wiping down all tables and chairs
located in the plaza. Garbage receptacles shall be serviced as well to ensure that no
receptacles are overflowing. All maintenance shall be completed by 9:00 A.M. each
morning.
Old Community Garden between Red Cross and El Camino Park –Maintenance
service shall include removal of trash, litter, and debris, as well as the servicing of one
trash receptacle located near the restroom. Frequency of this service shall be twice a
week and occur on Mondays and Wednesdays.
Stanford/Palo Alto Playing Fields –Maintenance service shall include removal of trash
and litter, manual removal of weeds taller than one (1)ft. in height in landscape areas
(between parking lots and street), and servicing trash receptacles (contractor may use on-
site dumpster for disposal at this location). Frequency shall be three times a week, and
shall be conducted on Friday, Saturday, and Sunday before 9:00 A.M.
Cogswell Plaza –Maintenance service shall include removal of trash, litter and debris
from landscape areas and concrete/asphalt pathways, as well as servicing trash
receptacles. Frequency shall be daily for this location.
City of Palo Alto General Services Agreement 15 Rev. February 8, 2017
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services according to the schedule below. Contractor
should not perform the services in cases of inclement weather (as determined by City
staff and the Downtown Streets Team Project Manager) or during and observed city
holidays. The schedule and tasks can me modified based on operational needs through an
agreement between the City and the Contractor.
Day Time Activities
Monday
6-8 AM
8 AM
8:30-10 AM
10-10:15 AM
10:15-11:30 AM
11:30-noon AM
Noon
Noon-1 PM
1-2 PM
2-2:15 PM
2:15-3 PM
3-3:30 PM
3:30-4 PM
4 PM
8 PM-Midnight
Garage cleaning and outreach
Shift change at box
Red Cross Cleaning
Break at box and shift change
Alleyways (Downtown North and South)
Lytton Plaza
Shift change at box
University Ave
Downtown South/City Hall
Break
Downtown North
Cogswell Park
Lytton Plaza
Dismissal at box
Garage cleaning and outreach
Tuesday
6-8 AM
8 AM
8:30-9 AM
9-10 AM
10-10: 15 AM
10:15-11AM
11-noon AM
Noon
Noon-1 PM
1-2 PM
2-2:15 PM
2:15-3 PM
3-3:30 PM
3:30-4 PM
4 PM
8 PM-Midnight
Garage cleaning and outreach
Shift change at box
Lytton Plaza
Downtown South and Alleyways
Break at box and shift change
Cogswell Plaza
Downtown North and Alleyways
Shift change at box
University Ave
Downtown South/City Hall
Break
Downtown North
Cogswell Park
Lytton Plaza
Dismissal at box
Garage cleaning and outreach
Wednesday
6-8 AM
8 AM
8:30-10 AM
10-10:15 AM
Garage cleaning and outreach
Shift change at box
Red Cross Cleaning
Break at box and shift change
City of Palo Alto General Services Agreement 16 Rev. February 8, 2017
10:15-11:30 AM
11:30-noon AM
Noon
Noon-1 PM
1-2 PM
2-2:15 PM
2:15-3 PM
3-3:30 PM
3:30-4 PM
4 PM
8 PM-Midnight
Alleyways (Downtown North and South)
Lytton Plaza
Shift change at box
University Ave
Downtown South/City Hall
Break
Downtown North
Cogswell Park
Lytton Plaza
Dismissal at box
Garage cleaning and outreach
Thursday
6-8 AM
8 AM
8-9 AM
9-10 AM
10-10: 15 AM
10:15-11:15 AM
11:30 AM
Garage Cleaning
Shift change at box
Team 1 Team 2
Lytton Plaza, then
Cogswell Park
Downtown
South/City Hall and
Alleyways
Downtown North
and Alleyways
University Ave
Break at box
Downtown North
and alleyways
University Ave
Dismissal at box
Friday
6-8 AM
8 AM
7-10 AM
8:30-9 AM
9-10 AM
10-10: 15 AM
10:15-11AM
11-noon AM
Noon
Noon-1 PM
1-2 PM
2-2:15 PM
2:15-3 PM
3-3:30 PM
3:30-4 PM
4 PM
9 PM-1 AM
Garage cleaning and outreach
Shift change at box
Palo Alto/Stanford Playing Fields
Lytton Plaza
Downtown South and Alleyways
Break at box and shift change
Cogswell Plaza
Downtown North and Alleyways
Shift change at box
University Ave
Downtown South/City Hall
Break
Downtown North
Cogswell Park
Lytton Plaza
Dismissal at box
Garage cleaning and outreach
Saturday
6-8 AM
7-10 AM
8 AM
8-8:30
8:30-9:30 AM
Garage cleaning and outreach
Palo Alto/Stanford Playing Fields
Shift change at box
Lytton Plaza
Downtown North
City of Palo Alto General Services Agreement 17 Rev. February 8, 2017
9:30-10 AM
10-10: 15 AM
10:15-11
11-11:45
Noon
9 PM-1 AM
Cogswell Park
Break at Box
Downtown South/City Hall
University Ave
Dismissal at box
Garage cleaning and outreach
Sunday
6-8 AM
7-10 AM
8 AM
8-8:30 AM
8:30-10 AM
10-10: 15 AM
10:15-11
11-11:30
Noon
8 PM-Midnight
Garage cleaning and outreach
Palo Alto/Stanford Playing Fields
Shift change at box
Lytton Plaza
Garbage cans on University
Break at Box
Downtown South and North (split teams)
Cogswell
Dismissal at box
Garage cleaning and outreach
City of Palo Alto General Services Agreement 18 Rev. February 8, 2017
EXHIBIT C
SCHEDULE OF FEES
CONTRACTOR shall perform the tasks as described and budgeted below. 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 the Services does
not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services
provided or hours worked for which payment would result in a total exceeding the
maximum amount of compensation set forth herein shall be at no cost to CITY.
DESCRIPTION OF TASK NOT TO EXCEED
COMPENSATION PER TASK
Task 1 $8,979 per month.
(Street Cleaning Services)
Task 2 $2,427 per month.
(Cleaning Maintenance Services)
Total compensation shall not exceed $136,872 per year.
City of Palo Alto General Services Agreement 19 Rev. February 8, 2017
EXHIBIT D
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE
SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF
CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED,
BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
-EACH PERSON
-EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND
ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS
ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I.INSURANCE COVERAGE MUST INCLUDE:
A.A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE
IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE
FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C.DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGE.
III.ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
“ADDITIONAL INSUREDS”
City of Palo Alto General Services Agreement 20 Rev. February 8, 2017
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS,
SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING
COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
City of Palo Alto (ID # 8717)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Police Chief Appointment
Title: Approval of the Appointment of Robert A. Jonsen as Police Chief and
Approval of Employment Agreement
From: City Manager
Lead Department: Human Resources
Recommended Motion
The City Manager recommends that the City Council consider the following motion: To approve
the appointment of Robert A. Jonsen as Police Chief and approve his employment agreement.
Recommendation
The City Manager recommends that Council approve the appointment of Robert A. Jonsen as
Police Chief and approve his employment agreement.
Executive Summary
The Palo Alto Municipal Code requires that the Council approve the City Manager’s
appointment of Robert A. Jonsen. The City Council must also approve any employment terms
or benefits that are not already included in the Compensation Plan for Management and
Professional Personnel.
Background
The City Manager makes appointments to the position of Police Chief with the approval of City
Council (Municipal Code section 2.08.020).
In accordance with the Muncipal Code, the main responsibilities of the Police Chief include the
preservation of the public peace and order, and prevention and detection of crime, the
apprehension of offenders, the protection of persons and of property and the enforcement of
law; to enforce all traffic regulations and consult with the traffic engineer on matters
concerning traffic control, and to administer the parking enforcement program.
Discussion
The City Manager requests approval of the appointment of Robert A. Jonsen to the position of
Police Chief. The Police Chief position became vacant when Chief Dennis Burns retired in
City of Palo Alto Page 2
December 2016. Jonsen was selected as a result of an extensive search conducted by the
executive recruitment of Teri Black Recruiting. There were multiple interview panels that
included members of the community, peer former chiefs of police and others within the
criminal justice system, senior attorneys, as well as executive staff.
Jonsen has 30 years of experience, most recently serving as Chief of Police for the City of Menlo
Park for five years. A graduate in Occupational Studies at California State University, Long
Beach, Jonsen also holds an M.A. in organizational leadership from Woodbury University.
Jonsen will be an “At-Will” employee, which means he will serve at the pleasure of the City
Manager and can be terminated or asked to resign at any time. His annual salary will be
$260,000 which is within the Council-approved salary range for the Police Chief position. The
employment agreement includes a taxable housing stipend of $3,000 per month for 18 months
for housing within Palo Alto. The City Manager included the housing subsidy to support
Jonsen’s transition by allowing him live and fully immerse himself in Palo Alto over his first year
and a half in the job. This will be conducive to building necessary relationships with members
of our community as quickly and completely as possible. The agreement includes that Jonsen
receive an 80-hour vacation leave bank and accrue 200 vacation hours annually.
All other benefits offered are consistent with the Compensation Plan for Management and
Professional Personnel.
Chief Jonsen will begin work on January 9, 2018.
Resource Impact
Sufficient funding is available in the Police Department Fiscal Year2018 Adopted Operating
Budget for this agreement, including six months of the housing stipend, and no additional
appropriation is required. The ongoing costs in Fiscal Year 2019 were factored into the
development of the FY 2019 Long Range Financial Forecast and include the final twelve months
of the housing stipend.
Policy Implications
This recommendation is consistent with existing City policies.
Environmental Review (If Applicable)
This employment agreement is not a project for purposes of the California Environmental
Quality Act and therefore no environmental review is required.
Attachments:
Attachment A - Police Chief Employment Agreement
1
EMPLOYMENT AGREEMENT
BETWEEN CITY OF PALO ALTO
AND
ROBERT JONSEN
THIS AGREEMENT is between the City of Palo Alto, a municipal corporation and chartered city
("City") and Robert Jonsen ("Jonsen”). It is effective on the latest date next to the signatures on the last
page.
This Agreement is entered into on the basis of the following facts:
A. City, acting by and through its City Manager, wishes to employ Jonsen as its Police Chief,
subject to the terms and conditions set forth in this Agreement, the Palo Alto Municipal Code and the
Charter of the City of Palo Alto (the "Charter").
B. Under the Charter, the Police Chief is appointed by the City Manager with the approval
of the City Council. Notwithstanding any provision of the City of Palo Alto Merit System Rules and
Regulations, the Police Chief serves on an at-will basis, with no expectation of continued employment,
and with no right to pre-or post-separation due process or appeal.
C. Jonsen desires to be employed by the City as its Police Chief, subject to the terms and
conditions in this Agreement, the Palo Alto Municipal Code, the Charter, the Palo Alto Merit System
Rules and Regulations, and all other applicable laws, resolutions, and policies.
D. The City and Jonsen wish to establish specific terms and conditions relating to
compensation and benefits and related matters.
BASED UPON THE FOREGOING, THE CITY AND JONSEN AGREE AS FOLLOWS:
1.Employment. The City appoints Jonsen as its Police Chief for an indefinite term to begin
on January 9, 2018. If Jonsen does not actually report for or start work on January 9, 2018, the
employment start date will be the date, if any, that is mutually agreed by the parties. Except as
otherwise provided herein, Jonsen’s employment with the City shall be governed by the City Council-
adopted Compensation Plan for Management and Professional Personnel and Council Appointees, as it
currently exists and may be changed from time to time.
2.Duties of the Police Chief. Jonsen will perform the duties established for the Police
Chief by the Palo Alto City Charter, by the Palo Alto Municipal Code, by direction given by the City
Manager, and as otherwise provided by law, ordinance, or regulation. Jonsen agrees to comply with all
federal, state and local laws, ordinances, rules and regulations applicable to or associated with these
duties.
2.1. Full Energy and Skill. Jonsen will devote his full energy, skill, ability, and
productive time to the performance of his duties.
DocuSign Envelope ID: F87F28EE-5FE9-4663-A10D-64A84AF9F5EA
Attachment A
2
2.2. No Conflict. Jonsen will not engage in any employment, activity, consulting
service, or other enterprise, for compensation or otherwise, which is actually or potentially in
conflict with or which interferes with the performance of his duties. Jonsen acknowledges that
he is subject to the various conflict of interest requirements found in the California Government
Code and state and local policies and regulations.
2.3 Permission Required For Outside Activities. Jonsen will not engage in any
employment, activity, consulting service, or other enterprise, for compensation or not, without
written permission of the City Manager.
3. Salary. While performing the duties of Police Chief, Jonsen will receive a base salary
within the range provided in the City Council-approved Compensation Plan for Management and
Professional Personnel and Council Appointees, as it currently exists and may be changed from time to
time. Jonsen will receive an initial gross base annual salary of two hundred sixty thousand dollars
($260,000.00), beginning on the Employment Start Date. This amount is subject to authorized or
required deductions and withholding, prorated and paid on City's regular paydays. Jonsen is an exempt
employee under applicable wage and hour law and his base salary shall be compensation for all hours
worked. The City agrees that the amount of Jonsen's base annual salary will not decrease, except as part
of a permanent decrease that is consistent with the Fair Labor Standards Act.
4. Benefits and Allowances. Jonsen will be eligible for, and shall receive, all regular
benefits (i.e., health insurance, PERS contributions to the extent paid by the City, etc.) and vacation, sick
leave, and management leave, as are generally provided to management employees under the City
Council-approved Compensation Plan for Management and Professional Personnel and Council
Appointees, as it currently exists and may be changed from time to time.
5. Additional Benefits and Allowances. In addition to the benefits specified in section 4,
Jonsen will receive the following additional benefits and allowances:
5.1 Vacation Accrual. Notwithstanding the Management and Professional
Personnel and Council Appointees Compensation Plan and based on service with prior public
agency employers, Jonsen’s vacation accrual rate will be calculated at the rate of two hundred
(200) hours annually, prorated and credited each pay period. The maximum vacation leave
balance allowed for Jonsen is six hundred (600) hours. In addition, a one- time eighty (80) hour
vacation leave bank will be included at the start of Jonsen’s employment.
5.2. Housing Stipend. So long as Jonsen resides in Palo Alto, the City will provide
Jonsen with a total amount of three thousand dollars ($3,000.00) per month for eighteen (18)
months, subject to authorized or required deductions and withholding, as a housing stipend.
5.3 Uniform and Vehicle Allowance. The Police Department will provide your
uniform and uniform maintenance in accordance with their department provided to all sworn
officers. As the Chief of Police, a take- home exclusive vehicle will be assigned to you as
described in the City’s vehicle policy which requires a valid driver’s license upon hire.
DocuSign Envelope ID: F87F28EE-5FE9-4663-A10D-64A84AF9F5EA
3
6. Duration of Employment. Jonsen understands and agrees that he has no constitutionally
protected property or other interest in his employment as Police Chief. Jonsen waives any and all rights,
if any, under the Merit System Rules and Regulations, including without limitation, the right to pre-or
post-disciplinary due process. Jonsen understands and agrees that he works at the will and pleasure of
the City Manager and that he may be terminated or asked to resign at any time, with or without cause.
Jonsen may terminate this agreement (terminating all employment) upon 30 days written notice to the
City Manager.
7. Miscellaneous.
7.1. Notices. Notices given under this Agreement shall be in writing and shall be
either: a) served personally; or b) sent by facsimile (provided a hard copy is mailed within one
(1) business day); or c) delivered by first-class United States mail, certified, with postage prepaid
and a return receipt requested; or d) sent by Federal Express, or some equivalent private mail
delivery service. Notices shall be deemed received at the earlier of actual receipt or three (3)
days following deposit in the United States mail, postage prepaid. Notices shall be directed to
the addresses shown below, provided that a party may change such party's address for notice by
giving written notice to the other party in accordance with this subsection.
CITY: Attn: City Manager
250 Hamilton Avenue Palo Alto, CA 94301
Phone: (650) 329-2226
Fax: (650) 328-3631
JONSEN: Robert Jonsen
250 Hamilton Avenue Palo Alto, CA 94301
7.2. Entire Agreement/ Amendment. This Agreement constitutes the entire
understanding and agreement between the parties as to those matters contained in it, and
supersedes any and all prior or contemporaneous agreements, representations and
understandings of the parties. This Agreement may be amended at any time by mutual
agreement of the parties, but any such amendment must be in writing, dated, and signed by the
parties and attached hereto.
7.3. Applicable Law and Venue. This Agreement shall be interpreted according to
the laws of the State of California. Venue of any action regarding this Agreement shall be in the
proper court in Santa Clara County.
7.4. Severability. In the event any portion of this Agreement is declared void, such
portion shall be severed from this Agreement and the remaining provisions shall remain in
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4
effect, unless the result of such severance would be to substantially alter this Agreement or the
obligations of the parties, in which case this Agreement shall be immediately terminated.
7.5. Waiver. Any failure of a party to insist upon strict compliance with any term,
undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term,
undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the
parties.
7.6. Representation by Counsel. Jonsen and the City acknowledge that they each did,
or had the opportunity to, consult with legal counsel of their respective choices with respect to
the matters that are the subject of this Agreement prior to executing it.
7.7. Section Headings. The headings on each of the sections and subsections of this
Agreement are for the convenience of the parties only and do not limit or expand the contents
of any such section or subsection.
JONSEN
___________________________
Robert Jonsen
Date: _____________
CITY OF PALO ALTO
___________________________
City Manager
Date: _____________
APPROVED AS TO FORM:
___________________________
Chief Assistant City Attorney
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11/29/2017
City of Palo Alto (ID # 8659)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Approval of Highway 101 Bike Bridge Design Contract
Amendment No. 1
Title: Approval of Amendment No. 1 to Contract No. C16162262 with Biggs
Cardosa Associates, Inc. Increasing Compensation in an Amount Not-to-
Exceed $476,893 to Provide Final Design and Right of Way Services for the
Highway 101 Pedestrian/Bicycle Overpass Project (PE-11011)
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or his
designee to execute Contract Amendment No. 1 to Contract No. C16162262 with
Biggs Cardosa Associates, Inc. (Attachment A), to increase compensation by a not-
to-exceed amount of $476,893 to provide Phase 2 design services including final
design and right of way services for the Highway 101 Pedestrian and Bicycle
Overpass Project (CIP PE-11011), and to add Phase 2 design services to the scope
of services. This amount includes $433,539 for basic services and $43,354 for
additional services under Phase 2. The revised contract amount (sum of Phase 1
and Phase 2 design services) is not to exceed $1,951,190 including $1,773,809 for
basic services and $177,381 for additional services.
Background
The Highway 101 Pedestrian and Bicycle Overpass Project (Project) includes
construction of a new year-round, grade-separated, shared bicycle and pedestrian
crossing over Highway 101. The Adobe Creek Reach Trail is also included in the
project.
On May 23, 2016, Council approved a Design Contract with Biggs Cardosa
Associates, Inc. (BCA) to provide Phase 1 design and engineering services for the
City of Palo Alto Page 2
project, which includes design development up to 65% design (Staff Report ID#
6578). In November 2016, Council reviewed the 15% design concepts and
directed staff to proceed with a 12 feet wide Bowstring steel truss design with
concrete approaches (Staff Report ID# 7209). The approved Contract
contemplated the possible addition of Phase 2 and/or Phase 3 services, which
were described in both the Contract and the Request for Proposals, if approved
later by Council.
Staff has since completed the preliminary design and environmental assessment,
and obtained the Site and Design/project approvals from the Planning and
Transportation Commission, the Architectural Review Board, and the Parks and
Recreation Commission. On November 27, 2017, Council adopted the Mitigated
Negative Declaration and the Mitigation Monitoring and Reporting Plan, as well as
approved the Site and Design application and the Park Improvement Ordinance
(Staff Report ID# 8260).
Discussion
The Contract’s scope of services consists of three possible phases. The original
Contract authorized only Phase 1 services, which will be complete in January
2018. This Contract Amendment to authorize Phase 2 services is essential for BCA
to continue design development and provide right of way services. Subject to
Council’s further review and consideration upon completion of the 90% design
under Phase 2, the Contract may be amended to include Phase 3 services.
1. Phase 1 – Design Development, Caltrans Project Approval and Environmental
Document (Currently authorized in Contract)
a) Preliminary design and environmental assessments (15% and 35% designs)
b) Caltrans approval document (Permit Evaluation and Engineering Report)
c) Site and Design Review, City/Caltrans environmental assessments approval
d) 65% design Plans, Specifications, and Estimates (PS&E)
2. Phase 2 – Final Design and PS&E (proposed Contract Amendment No. 1)
a) 90% and 100% Design and PS&E, construction bid documents
b) Right of Way services and permitting
c) Adobe Creek Reach Trail Pavement and East Meadow Drive Improvements
3. Phase 3 – Bidding and Construction Support (Potential future contract
amendment)
City of Palo Alto Page 3
a) Bid phase services
b) Construction administration services
Resource Impact
Funding:
Funding for this project is included in Capital Improvement Program (CIP) project
(PE-11011) - Highway 101 Pedestrian/Bicycle Overpass Project. The current
project funding is as follows:
Funding Source Funding Amount
Santa Clara County Recreation Fund $4.0 million
One Bay Area Grant (OBAG) Cycle 2* $4.35 million
General Capital Improvement Fund $6.86 million
Google Contribution $1.0 million
Total: $16.21 million
*Approval of the OBAG Cycle 2 funds is anticipated in March 2018.
These figures include approximately $2.4 million in funding for staff salaries and
benefits. Staff is evaluating the project cost and the other eight projects included
in the 2014 Council Infrastructure Plan. A Council update on costs and the
strategies for providing the necessary funding to complete the Infrastructure Plan
is planned for January 2018. Additionally, per Council direction on November 27,
2017, staff will pursue other potential funding sources and explore sponsorship
opportunities for the project.
Design Budget:
BCA’s Contract amount encumbered to date and the proposed Contract
Amendment No. 1 amount are summarized below.
Biggs Cardosa Associates Contract Amount
Original Contract Basic Services – Phase 1 $1,340,270
Original Contract Additional Services (10%) – Phase 1 $134,027
Total Original Contract – Phase 1 $1,474,297
Contract Amendment 1 Basic Services – Phase 2 $433,539
Contract Amendment 1 Additional Services (10%) –
Phase 2
$43,354
City of Palo Alto Page 4
Total Contract Amendment 1 – Phase 2 $476,893
Total Contract Value to Date (Phase 1 and Phase 2) $1,951,190
The estimated budget for Phase 3 services (bidding and construction
administration support) is $316,322 including a 10% additional services budget.
The total design and construction support fee for all three phases would be
$2,267,511 including a 10% additional services budget, based on current
estimates.
Policy Implications
The project is consistent with Comprehensive Plan goals, policies and programs,
including the following.
Policy T-1.1 Take a comprehensive approach to reducing single-occupant
vehicle trips by involving those who live, work and shop in Palo
Alto in developing strategies that make it easier and more
convenient not to drive.
Policy T-1.19 Provide facilities that encourage and support bicycling and
walking
Policy T-3.2 Enhance connections to, from and between parks, community
centers, recreation facilities, libraries and schools for all users
Goal T-7 Provide mobility options that allow people who are transit
dependent to reach their destinations.
Timeline
The project remains on schedule. Key milestones and their completion
timeframes are below.
1. Phase 1:
a) 15% and 35% designs, Site and Design, California Environmental Quality Act
(CEQA) - Complete
b) National Environmental Policy Act (NEPA) – Winter 2017
c) 65% Design – Winter 2017
2. Phase 2:
a) Phase 2 Services Design Contract Amendment No.1 – December 2017
City of Palo Alto Page 5
b) Right of way certification, Adobe Creek Reach Trail Pavement, East Meadow
Drive Improvements, 90%-100% design and construction bid documents,
and Caltrans approval/permits – Fall 2018
c) Issue Construction Management Request for Proposals – Spring 2018
d) OBAG Cycle 2 access to funding – October, 2018
3. Phase 3:
a) Construction begins- early 2019
b) Construction complete– early Spring 2020
Environmental Review
Pursuant to CEQA, an Initial Study and Mitigated Negative Declaration (IS/MND)
was prepared and circulated for public review in September-October 2017, and
adopted by Council Resolution on November 27, 2017. The MND concludes that,
with mitigation incorporated, the project will have no significant environmental
impacts. Because the project may involve federal funding, the project has also
been evaluated under the National Environmental Policy Act (NEPA). The City
anticipates that a Categorical Exclusion under NEPA will apply and be complete in
December 2017.
Attachments:
Attachment A: Amendment No. 1 to Contract No. C16162262
1 Revision July 20, 2016
AMENDMENT NO. 1 TO CONTRACT NO. C16162262
BETWEEN THE CITY OF PALO ALTO AND
BIGGS CARDOSA ASSOCIATES, INC.
This Amendment No. 1 to Contract No. C16162262 (“Contract” or “Agreement”) is
entered into December 11, 2017 (Amendment Effective Date), by and between the CITY OF
PALO ALTO, a California chartered municipal corporation (“CITY”), and BIGGS CARDOSA
ASSOCIATES, INC., a California corporation, located at 865 The Alameda, San Jose, CA 95126
(“CONSULTANT”). City and Consultant are referred to herein collectively as the “Parties”.
R E C I T A L S
A. The Contract was entered into on May 23, 2016 between the Parties for the provision of
Phase 1 design services for the Highway 101 Pedestrian and Bicycle Overpass Project,
including environmental assessment and coordination, and engineering, landscape and
architectural design development to up to 65% design. At the time of award of the
Contract, it was contemplated that, if later approved by the City Council, the Contract
would be amended to include Phase 2 and/or Phase 3 services, which were described in
both the Request for Proposals and the Contract. Phase 2 design services includes
development of final design, plans, specifications and estimates (PS&E) and provision of
right of way permitting, acquisition and engineering services for the project, as well as
to provide preliminary and final design services for the Adobe Creek Reach Trail and East
Meadow Drive Improvements.
B. Section 25.4 of the Contract authorizes the Parties to modify the Contract by written
amendment.
C. The Parties now desire to amend the Contract to add the Phase 2 services to complete
final design and PS&E for this Project to the scope of services and to increase the
compensation by Four Hundred Seventy-Six Thousand Eight Hundred Ninety-Three
Dollars ($476,893), from One Million Four Hundred Seventy-Four Thousand Two
Hundred Ninety-Seven Dollars ($1,474,297.00) to One Million Nine Hundred Fifty-One
Thousand One Hundred Ninety Dollars ($1,951,190.00).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Section 1, “SCOPE OF SERVICES”, of the Contract is hereby amended to read
as follows:
“CONSULTANT shall perform the Services described at Exhibit “A” and
Exhibit “A-1” in accordance with the terms and conditions contained in
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this Agreement. The performance of all Services shall be to the
reasonable satisfaction of CITY.”
SECTION 2. Section 2. “TERM”
“The term of this Agreement shall be from the date of its full execution
through completion of the services in accordance with the Schedule of
Performance attached at Exhibit “B”, but in no event later than
December 31, 2020 unless terminated earlier pursuant to Section 19 of
this Agreement.”
SECTION 3. Section 4, “NOT TO EXCEED COMPENSATION”, 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 Exhibit “A-1”
(Amendment No. 1), and reimbursable expenses, shall not exceed One
Million Seven Hundred Seventy-Three Thousand Eight Hundred Nine
Dollars ($1,773,809.00). CONSULTANT agrees to complete all Basic
Services and the Services in Exhibit A-1, including reimbursable expenses,
within this amount. In the event Additional Services are authorized, the
total compensation for Basic Services, Exhibit A-1 Services, Additional
Services and reimbursable expenses shall not exceed One Million Nine
Hundred Fifty-One Thousand One Hundred Ninety Dollars
($1,951,190.00). The applicable rates and schedule of payment are set
out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is
attached to and made a part of this Agreement. 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.
“Additional Services, if any, shall be authorized in accordance with and subject to
the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation
for Additional Services performed without the prior written authorization of
CITY. Additional Services shall mean any work that is determined by CITY to be
necessary for the proper completion of the Project, but which is not included
within the Scope of Services described at Exhibit “A” and Exhibit “A-1”.”
SECTION 4. The following exhibits to the Contract are hereby amended or added to
read as set forth in the attachments to this Amendment, which are incorporated in full by this
reference:
a. Exhibit “A-1” entitled “SCOPE OF SERVICES, AMENDMENT No. 1” - Added
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b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT No. 1”
– Amended. Exhibit “B” is amended and replaced in its entirety by “First Amended Exhibit ‘B’,
Schedule of Performance, Amendment No. 1” attached hereto and incorporated herein. All
references to Exhibit “B” in the Contract shall be replaced with and refer to First Amended
Exhibit “B”.
c. Exhibit “C” entitled “COMPENSATION, AMENDMENT No. 1 - Amended.
Exhibit “C” is amended and replaced in its entirety by “First Amended Exhibit ‘C’,
Compensation, Amendment No. 1” attached hereto and incorporated herein. All references to
Exhibit “C” in the Contract shall be replaced with and refer to First Amended Exhibit “C”.
SECTION 5. Except as herein modified, all other provisions of the Contract, including any
exhibits and subsequent amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager (Contract over $85k)
APPROVED AS TO FORM:
City Attorney or designee
(Contract over $25k)
BIGGS CARDOSA ASSOCIATES, INC.
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
EXHIBIT "A-1": SCOPE OF SERVICES, AMENDMENT NO. 1
FIRST AMENDED EXHIBIT "B”: SCHEDULE OF PERFORMANCE
FIRST AMENDED EXHIBIT “C”: COMPENSATION, AMENDMENT NO. 1
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Roy Schnabel
Principal
Roy Schnabel
Principal
4 Revision July 20, 2016
EXHIBIT “A-1”
SCOPE OF SERVICES
AMENDMENT NO.1
PHASE 2 - SCOPE OF SERVICES
PHASE 2 – FINAL DESIGN AND PS&E
The Consultant shall complete the 90% and 100% PS&E design for the project. The goal of this
phase shall be to strive to limit construction cost within Caltrans’ R/W to $3 million or less to
preserve the opportunity to gain approval of the project through the PEER process.
• All plans shall include City’s standard border and shall follow Caltrans format.
• The Consultant is fully responsible for the accuracy and completeness of the plans and
related PS&E. City reviews shall not transfer the responsibility for the accuracy,
completeness, or details with which such designs are depicted on the plans.
• The title sheet for the specifications and each sheet of the plans shall bear the
professional seal, certificate number, registration and classification, expiration date, and
signature of the professional engineer responsible for its preparation.
Phase 2 services also include engineering and design services for pavement of the Adobe Creek
Reach Trail and improvements at East Meadow Drive as described in this scope of services.
Task 4 – Phase 2 Project Management and Coordination
4.1 Phase 2 Project Management
The Consultant shall provide project management and administration services including
monitoring subconsultants’ activities, coordinating with the City and subconsultants,
implementing quality control and quality assurance procedures, submitting monthly invoices
and progress reports, preparing and maintaining project schedule, and developing a work plan
to ensure the project remains within budget and on schedule.
4.2 Phase 2 Project Meetings
The Consultant shall attend up to six (6) in-person Project Development Team meetings with
Caltrans, and up to 14 progress and coordination meetings with City staff and key stakeholders.
Prepare and submit agenda and meeting minutes for each meeting for City staff reviews.
4.3 Phase 2 Utility and Agency Coordination
The Consultant shall coordinate with the affected utility companies (City, Caltrans, PG&E,
SCVWD, telecommunication companies, and property owners) to assist them in developing
relocation plans (to be prepared by the individual facility owners) and permits/agreements.
The Consultant shall prepare a utility base map including relocation information received from
the utility companies. Prepare and submit Caltrans letters to the affected utility owners and
assist the City with finalizing agreements and permits to construct with each affected utility.
Consultant shall attend up to six (6) utility coordination meetings.
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4.4 Right-of-Way Services
The Consultant shall utilize a Caltrans certified Right-of-Way (“R/W”) agent to perform
engineering and acquisition services to assist the City in obtaining ownership in fee of property
necessary to construct the improvements, and to obtain rights of entry or temporary
construction easements as required. Potential acquisitions include:
1) Private property at 3600 West Bayshore Road on the west of Route 101
2) SCVWD aerial and access easements / joint use agreements over Adobe Creek and the
confluence of Adobe and Barron Creeks, and Adobe Creek Reach Trail
3) PG&E 34-inch gas main and temporary easements;
4) Caltrans aerial and access easement over Highway 101.
The City will provide the preliminary title reports for APNs: Palo Alto Baylands (APN: 008-05-
005), SCVWD (APN: 127-10-100, APN: 127-56-006 and APN: 127-56-007), and 3600 West
Bayshore Road (APN: 127-10-076). The Consultant shall acquire record mapping from the Santa
Clara County, SCVWD, PG&E and Caltrans. Delineate right-of-way and property lines in the
areas of acquisition. The Consultant shall also prepare appraisal sketches showing property
lines and proposed acquisition over aerial photos. Prepare four (4) descriptions with
accompanying plats for permanent acquisition and four (4) descriptions with accompanying
plats for temporary acquisitions. The Right-of-Way agent shall follow Caltrans Right-of-Way
certification process. The Caltrans certified Right-of-Way agent shall review appraisal
documents, determine property value, provide final approval of appraisal and make a written
offer.
During boundary surveys, any conflicts or alternate evidence may trigger the need to file a
record of survey map. Should such a conflict or evidence occur, work shall be immediately
stopped and the City’s and Consultant’s project team shall be notified. Work shall continue
when the City’s and Consultant’s team resolves the issues, agrees upon an approach and path
forward, and additional budget for a record of survey map has been secured.
Task 5 - Final PS&E (90% and 100%)
5.1 Landscape Plans
The Consultant shall develop landscape plans in accordance with the landscape concept
approved in Phase 1. Landscape items include, but are not limited to:
• Signage, amenities, planting and irrigation plans for landings, trailheads, and approach
areas
• Planting and irrigation plans for bio-swales and storm water management techniques
5.2 Lighting Plans
The Consultant shall develop lighting design in accordance with the lighting concept approved
in Phase 1. Prepare lighting plans, elevations, fixture schedules, luminaire cut sheets, control
plans, mounting details, and specifications for conceptual lighting plan. Provide photometric
calculations for both functional and aesthetic lighting of the bridge.
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5.3 Architectural Plans
Upon approval of the 65% architectural design, the Consultant shall develop architectural plans
to 90% completion. Incorporate City and Caltrans comments to prepare final (100%)
architectural plans.
5.4 Erosion Control and Construction Phase BMPs
The Consultant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the Project
in compliance with the National Pollutant Discharge Elimination System (NPDES) regulations in
effect at the City issues the notice to proceed. The SWPPP shall be used to obtain construction
permitting by the contractor during construction.
5.5 Permanent BMP’s
The Consultant shall prepare a Final Water Quality Technical (WQT) Report to address the
permanent BMP’s to protect water quality after completion of construction. The WQT Report
shall include a map showing the locations and types of Low Impact Development, Structural
Source Control, Treatment Control, and Hydromodification Control (if applicable) BMP’s for the
project. Such BMP’s shall be shown on construction plans. In addition, prepare an Inspection,
Operation, and Maintenance Plan.
5.6 Bridge Independent Check
As required by the Caltrans Office of Special Funded Projects (OSFP), the Consultant shall
ensure that an independent check of the bridge design and drawings is performed. . The
independent check shall be performed by an engineer who was not involved in the design of
the bridge. The independent check shall be performed for 65% and subsequent design phases.
5.7 Civil Plans
Upon approval of the 65% civil design, the Consultant shall develop civil plans to 90%
completion. Incorporate City and Caltrans comments to prepare final (100%) civil plans.
5.8 Structural Plans
Upon approval of the 65% structural design, the Consultant shall develop structural plans to
90% completion. Incorporate City and Caltrans comments to prepare final (100%) structural
plans.
5.9 Project Specifications and Special Provisions
Upon approval of the 65% Special Provisions and Technical Specifications, the Consultant shall
develop Special Provisions and Technical Specifications to 90% completion. Incorporate City and
Caltrans comments to prepare final (100%) Special Provisions and Technical Specifications.
5.10 Cost Estimate
Upon approval of the 65% cost estimate, the Consultant shall develop the 90% cost estimate.
The Consultant shall incorporate City and Caltrans comments to finalize the cost estimate.
Include supporting data for City use in administering construction.
5.11 Final PS&E Submittals
90% PS&E Submittal: The 90% PS&E submittal shall include all plans in required format, special
provisions, technical specifications, and the engineer’s estimate as follows:
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• Full Size 90% Plans (22x34) – five ( 5) sets
• General and Special Provisions, technical specifications – five (5) sets
• Bid Quantities and Cost Estimate – two (2) sets
The deliverables listed above shall also be provided in electronic format. Additional copies shall
be provided to Caltrans OSFP in accordance with Caltrans OSFP Manual Guidelines. Two half-
size sets of the 90% PS&E shall be submitted to SCVWD for review.
Per Caltrans OSFP Manual Guidelines, an initial (90%) and intermediate (91%, 92%, etc. as
applicable) shall be submitted to Caltrans OSFP for review.
City’s Construction Management (CM) Firm will perform an independent review of the 90%
PS&E to provide constructability, bidability and cost verification.
100% (Final) PS&E Submittal: The 100% (Final) PS&E submittal shall include all plans in required
format, stamped calculations, special provisions and the engineer’s estimate as follows:
• Full Size Final Plans (22x34) – five (5) sets
• General and Special Provisions, technical specifications – five (5) sets
• Stamped Structural Design Calculations – two (2) sets
• Bid Quantities and Cost Estimate – two (2) sets
The deliverables listed above shall also be provided in electronic format. Additional copies shall
be provided to Caltrans OSFP in accordance with Caltrans OSFP Manual Guidelines. Two half-
size sets of the 100% PS&E shall be submitted to SCVWD for their files.
5.13 Caltrans Encroachment Permit, R/W Certification and Maintenance Agreement
The Consultant shall assist the City in obtaining Caltrans Encroachment Permit and necessary
Right-of-Way Certification for construction of the proposed improvements within State R/W.
Consultant shall complete and sign American with Disabilities Act (ADA) Certifications. The
Consultant shall also assist the City in negotiation of Maintenance Agreements for the
permanent structure within the State R/W and for the public access of the Santa Clara Valley
Water District maintenance road along Adobe Creek. The City will be the lead on the Caltrans
and SCVWD maintenance agreement coordination and negotiation. Consultant assistance to
the City will be limited to preparation of exhibits upon request by the City. Consultant is not
required to attend maintenance agreement meetings.
Task 6 – Adobe Creek Reach Trail and East Meadow Drive Improvements
The Adobe Creek Reach Trail connects two trailheads, West Bayshore Road and East Meadow
Drive on the west side of the project. This trail serves as a maintenance road for the SCVWD
and provides an off-road, more direct access to the bridge. This task includes engineering and
design services related to the Adobe Creek Reach Trail pavement and improvements at East
Meadow Drive including a raised crosswalk and bulb outs for bike safety, in accordance with
the approved Site and Design application for the project.
6.1 Meetings and Coordination
The Consultant shall attend two (2) in-person meetings with the City / SCVWD for design
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coordination and to receive input. The Consultant shall provide meeting agenda and minutes.
6.2 Preliminary Investigations/Field Survey/Utility Mapping
Data Collection and Review: The Consultant shall obtain and review available data for design of
the proposed improvements. The following information should be provided by the City:
As-built plans
Utility information at East Meadow Drive
Right of way information
No utility coordination is included as part of this task since no utility impacts are expected by
the proposed improvements.
Field Surveying:
The consultant shall conduct field surveys to document existing site conditions for the proposed
improvements at the Adobe Creek Reach Trail and East Meadow Drive. The consultant shall use
North American Vertical Datum of 1988 (NAVD 88) for surveying and mapping.
Survey for the Adobe Creek Reach Trail shall include elevations every 30 feet within the project
limits for the following items:
Surface utilities, poles, fence, grade breaks
Top and bottom of wall
Survey for East Meadow Drive shall include elevations every 25 feet within the project limits for
the following items:
Top of curb and flow line
East Meadow Drive centerline and edge
Fences, Gates
Utilities, Poles
Back of walk and edge of pavement (sidewalk)
Base Mapping: The Consultant shall prepare topographic base maps that will serve as the
background of the design plans and provide a basis of determining required modifications and
conforms to the existing features.
6.3 Preliminary Design (15% and 35% PS&E)
The Consultant shall prepare concept plans to identify the proposed project geometry on 20-
foot scale. The concept plans shall also identify overall impacts based on the proposed
improvements. The plans shall be submitted to the City for initial review in order to ensure the
proposed plans clearly define the project scope of improvements as intended.
The consultant shall develop the opinion of probable order of construction cost estimate of
the proposed improvements.
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6.4 65% Plans, Specifications, and Estimate (65% PS&E)
With the establishment of the geometric design and vertical alignments approved in Task 6.3,
the consultant shall develop the design to 65% design level for City’s review. The consultant
shall prepare the plans in accordance with City/Caltrans current standards, as applicable. All
plans shall be prepared on a 20-foot scale, as applicable. The 65% PS&E shall include the
following:
Plans:
Typical Sections for the trail and roadway improvements shall be provided, identifying
existing conditions and clearances and the proposed pavement structural sections for
any construction or reconstruction work.
Demolition Sheets to include all demolition and/or relocation work required to
accommodate construction of the proposed improvements.
Layout Sheets shall include basic horizontal and vertical layout information and be
populated with all the major construction features.
Construction Detail Sheets to provide design details for the various construction
components, primarily grading information and custom details for construction.
Utility Plan for the improvements proposed at East Meadow Drive. No utility relocations
are anticipated as a result of the proposed improvements; however, the utility plans
shall show all existing utilities in the project limits for reference.
Stage Construction and Traffic Handling Plans for the work proposed at East Meadow
Drive. The plans shall identify construction area signs and any potentially required
detours, including temporary night closures, to complete the project construction. It is
assumed that no stage construction and traffic handling considerations are required for
the proposed Reach Trail improvements.
Signing and Striping Plans shall delineate the proposed striping and sign plan. A field
survey shall be conducted to develop an inventory of existing signs so that the
disposition of existing signs may be highlighted in the plans. It is assumed that separate
quantity sheets shall not be required to support the project estimate.
Stormwater runoff management plans shall also be included.
Cost Estimates: The cost estimate shall identify construction work items, quantities, unit costs,
and summarize the estimated construction cost.
Specifications: The specifications shall be prepared for all work items necessary for the
construction of the proposed improvements and the consultant shall assemble the
appropriate standard 2015 Special Provisions for the Project. The specifications shall be in
accordance with City Standard Specifications requirements and formatting.
6.5 Final PS&E Submittals (90% and 100%)
The consultant shall incorporate City’s comments on the 65% design PS&E and develop 90%
and 100% design PS&E including the design of safety railing along the Adobe Creek Reach Trail.
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90% PS&E Submittal: The 90% PS&E submittal shall include all plans in required format, special
provisions, technical specifications, and the engineer’s estimate as follows:
• Full Size 90% Plans (22x34) – five ( 5) sets
• General and Special Provisions, technical specifications – five (5) sets
• Bid Quantities and Cost Estimate – two (2) sets
The deliverables listed above shall also be provided in electronic format. Additional copies shall
be provided to Caltrans OSFP in accordance with Caltrans OSFP Manual Guidelines. Two half-
size sets of the 90% PS&E shall be submitted to SCVWD for review.
Per Caltrans OSFP Manual Guidelines, an initial (90%) and intermediate (91%, 92%, etc. as
applicable) shall be submitted to Caltrans OSFP for review.
100% (Final) PS&E Submittal: The 100% (Final) PS&E submittal shall include all plans in required
format, stamped calculations, special provisions and the engineer’s estimate as follows:
• Full Size Final Plans (22x34) – five (5) sets
• General and Special Provisions, technical specifications – five (5) sets
• Stamped Structural Design Calculations – two (2) sets
• Bid Quantities and Cost Estimate – two (2) sets
The deliverables listed above shall also be provided in electronic format. Additional copies shall
be provided to Caltrans OSFP in accordance with Caltrans OSFP Manual Guidelines. Two half-
size sets of the 100% PS&E shall be submitted to SCVWD for their files.
ASSUMPTIONS
The Phase 2 scope of services includes the following assumptions, in addition to the
assumptions included in Exhibit “A” of the original Contract (C16162262), as applicable:
1. Design services related to the potential upgrades identified after significant completion
of the 35% design such as welded/woven wire mesh fencing, handrail, etc. can be
provided for additional fee with a consideration of an extension of the project design
schedule as necessary.
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FIRST AMENDED EXHIBIT “B”
SCHEDULE OF PERFORMANCE
AMENDMENT NO. 1
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of
receipt of the notice to proceed.
PHASE 1 – DESIGN DEVELOPMENT AND CALTRANS PA&ED
Milestones
No. of Weeks
Completion from Phase 1 NTP
1. Task 1. Preliminary Design 98 weeks
2. Task 2. Caltrans Approval Document 98 weeks
3. Task 3. PS&E (65%) 98 weeks
PHASE 2 – FINAL DESIGN AND PS&E (CONTRACT AMENDMENT NO. 1)
Milestones
No. of Weeks
Completion from Phase 2 NTP
4. Task 4. Phase 2 Project Management and Coordination 52 weeks
5. Task 5. Final PS&E (90% and 100%) 52 weeks
6. Task 6. Adobe Creek Reach Trail and East Meadow Drive 52 weeks
Improvements
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PHASE 3 – BIDDING AND CONSTRUCTION SUPPORT (TBD)
Milestones No. of Weeks
Completion from Phase 2
NTP
7. Task 7. Bid Phase Services TBD
8. Task 8. Construction Phase Services TBD
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13 Revision July 20, 2016
FIRST AMENDED EXHIBIT “C”
COMPENSATION
AMENDMENT NO. 1
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.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. 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, and the total compensation for
Additional Services do not exceed the amounts set forth in Section 4 of this Agreement.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
PHASE 1 – DESIGN DEVELOPMENT AND CALTRANS PA&ED
Task 1 $905,062
(Preliminary Design)
Task 2 $5,715
(Caltrans Approval Document)
Task 3 $249,485
(PS&E (65%))
PHASE 2 – FINAL DESIGN AND PS&E (CONTRACT AMENDMENT NO. 1)
Task 4 $69,974
(Phase 2 Project Management and Coordination)
Task 5 $270,301
(Final PS&E (90% and 100%))
Task 6 $38,337
(Adobe Creek Reach Trail and East Meadow Drive Improvements)
PHASE 3 – BIDDING AND CONSTRUCTION SUPPORT (TBD)
Task 7 TBD
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(Bid Phase Services)
Task 8 TBD
(Construction Phase Services)
Sub-total Basic Services $1,538,874
Reimbursable Expenses $234,935
Total Basic Services and Reimbursable expenses $1,773,809
Additional Services (Not to Exceed) $177,381
Maximum Total Compensation $1,951,190
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses.
CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost.
Expenses for which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of
travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $ 500 shall be approved in
advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request,
shall submit a detailed written proposal including a description of the scope of services,
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schedule, level of effort, and CONSULTANT’s proposed maximum compensation,
including reimbursable expense, for such services based on the rates set forth in Exhibit
C-1. The additional services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT
prior to commencement of the services. Payment for additional services is subject to all
requirements and restrictions in this Agreement
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City of Palo Alto (ID # 8580)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Groundwater Pumping Ordinance Revision
Title: Adoption of an Ordinance Amending Chapter 16.28 of Title 16 of the
Palo Alto Municipal Code to Revise the Requirements for Dewatering During
Construction of Below Ground Structures
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council adopt an Ordinance amending Chapter 16.28 of
Title 16 of the Municipal Code to revise the requirements for Dewatering During
Construction of Below Ground Structures.
Executive Summary
Staff is recommending revisions to the Groundwater Dewatering Ordinance
adopted on March 7, 2017 (SR #7633). Council directed staff to return to Council
after a construction season and further collection of information. Based on that
information, staff is recommending changes that help clarify and augment the
existing ordinance requirements, while leaving the basic structure of the 2017
requirements in place. This structure allows project applicants that anticipate
encountering groundwater in construction projects that include underground
structures to either 1) install groundwater exclusionary techniques, such as cut-
off (secant) walls, to minimize the amount of water pumped; or to use 2)
controlled groundwater pumping techniques, while predicting groundwater
pumping drawdown. The proposed Ordinance amendments identify new
requirements for both types of techniques, which focus on improving the
prediction of the amount of pumped groundwater, decreasing impacts to
surrounding structures and infrastructure, addressing traffic impacts during the
construction period and minimizing impacts to the area’s groundwater quantity
and quality as well as the quality of downstream water bodies. In addition, the
City of Palo Alto Page 2
proposed amendments to the Ordinance identify and clarify requirements in
order to standardize a performance-based, regulatory and enforcement process
that the City can continue to improve over time.
Background
Council approved temporary groundwater construction pumping requirements in
February 2016 for the 2016 construction season (SR #6478). These requirements
were incorporated into the planning and building permit process on a pilot basis
for the 2016 construction season. Staff evaluated the results of the 2016
construction season and returned to Council with a proposed ordinance (SR
#7633), which was adopted on March 7, 2017.
The key changes made at that time were with respect to the Dewatering
Hydrogeological Study (previously referred to as a “Geotechnical Study”), which
had been put in place the previous year to determine groundwater drawdown
levels and any associated impacts. Specifically, the March 2017 changes to the
study were:
1. Required verification of the anticipated drawdown curve with a pump test,
using actual wells. Cone Penetrometer Tests (CPT) were encouraged to verify
soils data. The actual pumping rates, following a two-week start-up period,
were limited to the rates used in the verification. Furthermore, the maximum
amount of water pumped over the 10-week period, (excluding the two-week
start-up period) was limited to that calculated during verification.
2. To support the work in (a) above, required measurement of the groundwater
level at a farthest feasible point on the subject site from the underground
structure.
3. If drawdown results were greater than anticipated by the Hydrogeological
Study (previously known as Geotechnical Study) at the end of the two-week
start-up period or thereafter, a revised study had to be submitted.
4. The applicant had to survey and mark land elevations on structures on
adjacent parcels (assuming permission is obtained) prior to any pumping.
City of Palo Alto Page 3
5. The Hydrogeological Study and verification was not required if the storm drain
pumping was continuously limited to 30 gallons per minute (gpm) following
the two-week start-up period. This could be accomplished through installation
of groundwater exclusionary techniques (known as cut-off walls or secant
walls) or similar construction techniques. Similarly, the 10-week pumping
period could be extended if the 30 gpm flow rate was continuously achieved.
On March 7, 2017, Council directed staff to return to Council following the 2017
construction season after considering four following modifications for the 2018
construction season:
1. Determine whether existing wells from other sites/purposes can be used to
satisfy the groundwater monitoring requirements; utilize such existing wells, if
practical.
2. Limit the groundwater level drawdown at the closest off-site adjacent
structure to 3’ (feet).
3. Determine whether existing wells can be used to satisfy the requirement in the
verification step of the Hydrogeological Study (previously Geotechnical Study);
if not, install a new monitoring well.
4. Potentially, require the use of groundwater cut-off walls, or other construction
methods, which will limit the pumping (following a two-week start-up period)
to 30 gallons per minute (gpm).
On March 7, 2017 Council also modified the applicability of all the groundwater
pumping requirements to apply to any site not having a Building Permit prior to
the effective date of the 2017 Ordinance (May 1, 2017).
Discussion
Staff considered a number of groundwater dewatering pumping program changes
in formulating this Staff Report. They fall into the two categories summarized
below.
1. The first category is those changes that Council directed Staff to consider on
March 7, 2017:
City of Palo Alto Page 4
a. Determine whether existing wells from other sites/purposes can be used to
satisfy the groundwater monitoring requirements; utilize such existing wells
if practical, if not install a new monitoring well.
Staff does not recommend making this a requirement since the City does
not have control over existing wells. Applicants may propose to use existing
wells if they choose to do so.
b. Limit the groundwater level drawdown at the closest off-site adjacent
structure to 3’ (feet).
While it may be desirable to establish a performance standard of this
nature, staff has not been able to determine whether 3 feet is achievable or
needed. It was hoped that drawdown data would have been produced by
new applicants in the 2017 construction season; however, current
construction projects were either grandfathered in with the old
requirements or new projects decided to use the groundwater exclusionary
techniques (“cut-off wall technology”). Therefore, no sites elected to
prepare the Hydrogeological Study in 2017 construction season. If and
when actual data becomes available in the future, staff will evaluate the
Hydrogeological Study and determine if the data provides the information
needed or if other performance standards should be required in the future.
c. Potentially require the use of groundwater cut-off walls, or other
construction methods, which will limit the pumping (following a two-week
start-up period) to 30 gallons per minute (gpm).
Staff recommends retaining the current situation where the groundwater
exclusionary technique (cut-off wall) is an option, but not a requirement.
There are several reasons for this recommendation. First, staff was unable
to find any other government entities that have this as a requirement.
Therefore, there may be potential environmental and other unexplored
concerns with the City requiring specific construction practices in all cases.
Secondly, best practices described in engineering texts on this topic do not
recommend installation of cut-off walls in all cases. Rather, the texts
provide examples when cut-off walls can and cannot be used. Thirdly, there
City of Palo Alto Page 5
may be unintended consequences from the installation of cut-off walls.
Some Palo Alto residents have raised the concern that a proliferation of
cut-off walls may retard the flow of groundwater in such a way that
localized groundwater may rise or even come to the surface. Further study
should be undertaken before a substantial shift to limit the allowable
techniques.
On the positive side, the first residential cut-off wall was installed and
completed in Palo Alto in 2017 and successfully reduced groundwater
pumping at that site. Less than 200,000 gallons was pumped from the
ground, with all of it percolated into the back yard and no discharge to the
storm drain system. A typical large groundwater pumping site produces
about 100 times that amount, 20,000,000 gallons in total. As a result, staff
will convey to other applicants that this cut-off wall achieved very good
results. In the immediate future, staff expects many applicants will choose
a groundwater exclusionary technique, such as the cut-off wall installation.
It has many advantages to the applicant, as a Hydrogeological Study is not
required. The Hydrogeological Study takes time and money, must be
verified with testing, and the outcome is uncertain. Finally, controlled
groundwater pumping techniques are limited to 12 weeks at residential
sites, whereas groundwater exclusionary techniques are not limited to this
time period.
2. Revisions to the Groundwater Dewatering Ordinance adopted on March 7,
2017 (Revising Section 16.28 of the P.A.M.C.)
Staff recommends adoption of revisions to the Groundwater Dewatering
Ordinance adopted by Council on March 7, 2017. Attachment A provides the
new Ordinance language, while Attachment B (Comparison of Current
Provisions and Proposed Changes: Groundwater Dewatering Ordinance)
provides an easy-to-scan table with the current provisions and recommended
changes. The following primary aspects to the proposed revisions are listed
below:
a. Key language previously approved by Council in ‘Guidelines for Dewatering
During Basement or Below Ground Garage Construction - May 2017’
(Attachment C) is being incorporated into the Ordinance for completeness,
City of Palo Alto Page 6
which include the hydrogeological study, groundwater exclusion techniques
and monitoring wells.
b. Groundwater exclusionary techniques (e.g., cut-off/secant wall):
When exclusionary techniques are used, the following must be submitted:
1) dewatering plan, including groundwater monitoring well location and
monitoring plan; and a 2) traffic control plan, including a schedule for an
attendant to be present during installation of exclusionary technique.
c. For sites where controlled groundwater pumping will be conducted, the
following shall be required:
i. In addition to the previous required submittals of a hydrogeological
study, groundwater use plan and dewatering plan, a pre-construction
building survey and report on structures on adjacent parcels
prepared by a qualified professional and meeting the standards
established by the City Engineer shall be required. This survey/report
shall include a photographic and narrative report on the interior and
external condition of each structure and surveyed and marked
elevations of adjacent parcels; the likelihood that the proposed
dewatering would cause effects on off-site private or public
structures or infrastructure, and the health or viability of vegetation
or trees; and avoidance measures to be implemented that will
minimize the type and severity of those effects.
ii. Irrigation of sites as directed by the City: To increase the incentive
for efficient construction management, and to reduce the amount of
groundwater pumping, sites pumping and discharging to the storm
drain system for more than 8 weeks (including the two-week start-up
period) must truck water to irrigation sites for 5 days (8 hours/day)
per week. This is an increase from once per week during the entire
dewatering period.
iii. Applicants must continuously work (on a daily basis) on the below
ground structure while groundwater discharge to the storm drain
City of Palo Alto Page 7
system is occurring. Periods of pumping and discharge, while no work
is occurring, is not allowed.
d. Discharge to the City’s storm drain system (preferred) or sanitary sewer
system is limited to April 1 through October 31, unless: 1) the discharge is
limited to 10 gallons per minute (gpm) over a 24-hr period; or 2) applicant
demonstrates that a 10-yr storm event can be accommodated by the
receiving storm drain system and creek (or water body) to the satisfaction
of the City Engineer. City Engineer may provide exemption to allow
discharge beyond October 31; however, it shall be subject to immediate
cessation orders under certain circumstances.
e. Construction of below ground structures in contaminated plume areas:
Currently, discharge to the storm drain or sanitary sewer system must be
coordinated and approved through Environmental Services Division’s
Watershed Protection Group (in addition to other City Departments). A
new requirement for submittal of a monitoring plan for particular toxic
pollutants may be applied. Because of various complexities, specific
requirements will be determined on a case-by-case basis.
Resource Impact
The City’s review, monitoring, and approvals associated with program
implementation of the existing and new measures require approximately
$100,000 in contract services per year. This cost is being funded by an increased,
per-site municipal fee approved by Council earlier in 2017.
Environmental Review
The recommended program enhancements for the 2018 construction season are
minor modifications to an existing regulatory program designed to be protective
of the environment. These modifications are not subject to the California
Environmental Quality Act (CEQA) as there is no possibility the modifications may
have a significant effect on the environment (CEQA Guideline
Section15061(b)(3)).
Attachment A: Proposed Ordinance Revisions
Attachment B: Comparison of Current and Proposed Revisions to the March 7,
2017 Ordinance
City of Palo Alto Page 8
Attachment C: Guidelines for Dewatering During Basement or Below Ground
Garage Construction May 2017
Attachments:
Attachment A: Red-lined Ordinance Amending Chapter 16.28 Groundwater Dewatering
20Nov17
Attachment B: Comparison of Current Provisions and Proposed Changes: Groundwater
Dewatering Ordinance
Attachment C: Guidelines for Dewatering During Basement or Below Ground Garage
Construction May 2017
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Amending Sections 16.28.030
(Definitions), 16.28.060 (Permit required), 16.28.070 (General exemptions), and
16.28.155 (Additional requirements for temporary construction-related dewatering),
and adding Section 16.28.156 (Requirements for temporary construction-related
groundwater dewatering in groundwater plumes) to Chapter 16.28 (Grading and
Erosion and Sediment Control) of Title 16 (Building Regulations) of the Palo Alto
Municipal Code to Revise the Requirements for Dewatering During Construction of
Below Ground Structures
Recitals
A. On March 7, 2017, the Council approved an ordinance establishing in the Palo
Alto Municipal Code certain requirements related to temporary construction-related
groundwater pumping.
B. After one construction season following the adoption of the ordinance, the City
Council desires to clarify and enhance the requirements for testing, monitoring and protective
measures to allow temporary construction-related groundwater pumping to continue, to
continue gathering information, and address concerns about dewatering and its impacts.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 16.28.030 (Definitions) of Chapter 16.28 (Grading and Erosion and
Sediment Control) of Title 16 (Building Regulations) is hereby amended to read as follows:
16.28.030 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to
them in this section.
. . .
(e) "Best management practices" or “BMPs” means a technique or series of techniques
which, when used in an erosion control plan, is proven to be effective in controlling
construction-related runoff and erosion, erosion, and sedimentation.
. . .
(s) "Grading" means any land disturbance or land fill, or combination thereof. any civil
engineering or landscape construction work that involves establishing a level base, or one with
a specified slope, for foundations, surface drainage or other construction work.
(t) “Groundwater” means water that is found underground in the cracks and spaces in
soil, sand and rock formations called aquifers.
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(u) “Groundwater exclusionary techniques” means methods that use cut-off walls and
other barriers to minimize or exclude groundwater from the excavation.
(v) “Groundwater plume” means a volume of contaminated (polluted) groundwater in
an aquifer that extends downward and outward from a specific source (usually a site where
pollutants have been released to the ground and entered groundwater).
(w) “Groundwater plume area” means a groundwater plume with a specific buffer of
five hundred feet from the outer-boundary of the mapped groundwater plume, or a lesser
distance from the outer-boundary as determined by the City Engineer and established in the
regulations adopted under Section 16.28.155(i) of this Chapter.
(tx) "Interim erosion and sediment control and storm waterstormwater pollution
prevention plan” or “interim plan” ('interim plan')" means a set of best management practices
or equivalent measures designed to control surface runoff and erosion and to retain sediment
on a particular site during the period in which pre-construction and construction-related land
disturbances, fills, and soil storage occur, and before final improvements are completed.
(uy) "Key" means a designed compacted fill placed in a trench excavated in earth
material beneath the toe of a proposed fill slope.
(vz) "Land disturbance" or "land-disturbing activities" means any moving or removing
by manual or mechanical means of the soil mantle or top six inches (6") of soil, whichever is
shallower, including but not limited to excavations.
(waa) "Land fill" means any human activity depositing soil or other earth materials.
(xbb) "Manual of standards" means a compilation of technical standards and design
specifications published by the Association of Bay Area Governments.
(ycc) "Permittee" means the applicant in whose name a valid permit is duly issued
pursuant to this chapter and his/her agents, employees, and others acting under his/her
direction.
(zdd) "Sediment" means earth material deposited by water or wind.
(aaee) "Site" means any lot or parcel of land, or contiguous combination under the
same ownership where grading is performed or permitted.
(bbff) "Slope" means an inclined ground surface, the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
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171108 SL/PublicWorksEnvironmental/Dewatering Ordinance
(ccgg) "Soil" means naturally occurring superficial deposits overlying bedrock.
(ddhh) "Soils engineer" means a professional civil engineer experienced and
knowledgeable in the practice of soils engineering and licensed by the state of California for
practice in that field.
(eeii) "Soils engineering" means the application of the principles of soils mechanics in
the investigation, evaluation, and design of civil works involving the use of earth materials and
the inspection and/or testing of the construction thereof.
(ffjj) “Temporary construction-related groundwater dewatering” means temporary
pumping of groundwater to facilitate construction of underground below ground structures
such as basements and garages. Discharge may occur to either the sanitary sewer or storm
drain system, depending on project type.
(ggkk) “Wet season” means the period from October 1 to April 15.
SECTION 2. Section 16.28.060 (Permit required) of Chapter 16.28 (Grading and Erosion
and Sediment Control) of Title 16 (Building Regulations) is hereby amended as follows:
16.28.060 Permit required.
No person may shall grade, fill, excavate, store, or dispose of soil and earth materials, or
perform any other land-disturbing or land-filling activity, or engage in temporary construction-
related dewatering, without first obtaining a permit as set forth in this chapter, except when
the activity is performed in accordance with one or more of the general or specific exemptions
set forth in Sections 16.28.070 and 16.28.080. Exemption from the requirement to obtain a
permit does not provide relief from the requirement to conduct all grading activities in
conformance with the general grading requirements contained in
Sections 16.28.270 through 16.28.340 of this chapter.
SECTION 3. New Section 16.28.065 (Minimization of impacts required) is hereby added
to Chapter 16.28 (Grading and Erosion and Sediment Control) of Title 16 (Building Regulations)
as follows:
16.28.065 Minimization of impacts required.
All land-disturbing, land-filling, soil storage, and grading activities, and all temporary
construction-related groundwater dewatering, shall be undertaken in a manner designed to
minimize surface runoff and erosion, and impacts to downstream waterbodies, and to
safeguard life, limb, property, and the public welfare.
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SECTION 4. Section 16.28.070 (General exemptions) of Chapter 16.28 (Grading and
Erosion and Sediment Control) of Title 16 (Building Regulations) is hereby amended as follows:
16.28.070 General exemptions.
All land-disturbing or land-filling activities or soil storage, and all temporary
construction-related dewatering, shall be undertaken in a manner designed to minimize surface
runoff, erosion, and sedimentation and to safeguard life, limb, property, and the public welfare.
A person performing such land-disturbing, land-filling, soil storage, and grading activities in
conformance with Section 16.28.065, except where performing temporary construction-related
dewatering, need not apply for a permit pursuant to this chapter, if all the following criteria are
met:
(a) The site upon which land area is to be disturbed or filled is less than 10,000 square
feet or less, except where temporary construction- related dewatering will be required.
(b) Natural and finished slopes are flatter than 10:1.
(c) Volume of soil or earth materials stored is 100 cubic yards or less.
(d) Rainwater runoff is diverted , eitherto a nearby pervious area (e.g., landscaped
area) during or and after construction, from an area smaller than 5,000 square feet.
(e) An impervious surface, if any, of less than 5,000 square feet is created.
(f) No drainageway is blocked or has its storm waterstormwater carrying capacities or
characteristics modified.
(g) The activity does not take place within 100 feet by horizontal measurement from
the top of the bank of a watercourse, the mean high watermark (line of vegetation) of a body of
water or the boundary of the wetlands associated with a watercourse or water body, whichever
distance is greater.
SECTION 5. Section 16.28.155 (Additional requirements for temporary construction-
related dewatering) of Chapter 16.28 (Grading and Erosion and Sediment Control) of Title 16
(Building Regulations) is hereby amended to read as follows:
16.28.155 Additional requirements for temporary construction-related dewatering.
(a) In addition to applicable requirements in this Chapter 16.28, where temporary
construction-related dewatering will be required, applicants also shall:
(1) Submit a dewatering geotechnical study conforming to regulations issued by
the City Engineer, adhere to its findings, and make modifications as directed by
the City Engineer.
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171108 SL/PublicWorksEnvironmental/Dewatering Ordinance
(2) Install and maintain at least one fill station meeting standards established by
the City Engineer.
(3) With the consent of neighboring property owners, water trees and other
vegetation on adjacent properties.
(4) Verify the anticipated drawdown curve in the dewatering geotechnical study
with a pump test performed on monitoring wells installed on the project site, as
specified by the City Engineer.
(5) Prior to pumping, survey and mark elevations on structures on adjacent
parcels.
(6) Submit periodic measurements and reports as required by the City Engineer.
(7) Continuously comply with all permit conditions, performance measures,
regulations and requirements established by the City Engineer. Promptly
implement corrective actions identified by the City to address any compliance
issues.
(b) Prior to pouring a basement slab, groundwater may be pumped no deeper than
three feet below the depth of the slab, measured at the center. After the slab is poured,
groundwater may be pumped no deeper than one foot below the center.
(c) Dewatering may not be conducted before April 1 or after October 31. Pumping
permits for single family residential basements are limited to ten weeks, with an additional two
week start-up period. At the end of the start-up period, the applicant must demonstrate
compliance with all performance and water quality standards established by the City Engineer.
The City Engineer may adopt a regulation specifying time limitations for commercial property
pumping.
(d) The City Engineer is authorized to establish and from time to time revise regulations
to implement this section and advance the goals of minimizing temporary construction-related
dewatering and reducing its impacts.
(e) Where pumping is continuously limited to no more than thirty gallons per minute,
the City Engineer is authorized to waive requirements for a geotechnical study, verification
procedures and pump time limitations.
(a) Compliance with Regulations. Where temporary construction-related groundwater
dewatering will be required, applicants shall conduct dewatering in full compliance with the
provisions of this Chapter, including this Section, the regulations established by the City
Engineer, and all permit conditions. Applicants shall promptly implement corrective actions
identified and required by the City Engineer, including, but not limited to, directives requiring
immediate cessation of discharge.
(b) Types of Dewatering. Temporary construction-related groundwater dewatering may
be conducted using 1) groundwater exclusionary techniques (e.g., secant wall), or 2) controlled
groundwater pumping.
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(c) Groundwater Exclusionary Technique Submittal Requirements. When groundwater
exclusionary techniques will be required or utilized, applicants shall submit to the City Engineer
a street work permit application, and a dewatering plan and traffic control plan in a form
approved by the City Engineer.
(d) Groundwater Exclusionary Technique Operational Requirements. Temporary
construction-related groundwater dewatering through groundwater exclusionary techniques
shall be conducted in compliance with the following:
(i) The rate of discharge of groundwater shall be limited to thirty (30)
gallons per minute or less.
(ii) Groundwater discharge shall be percolated onto the same property
where pumping is occurring rather than discharged into the storm drain
system, if feasible.
(iii) The approved dewatering plan and traffic control plan for the project,
approved by the City Engineer, shall be followed during dewatering
activities. The traffic control plan shall include, among other provisions,
an appropriate schedule for an attendant to be present on the street
during the period of the installation of groundwater exclusionary
technique.
(iv) Discharge of groundwater to the City storm drain or sanitary sewer
systems shall only occur from April 1 through October 31. The City may
grant an exemption and allow discharge from November 1 through
March 31, upon application, if:
(a) The discharge is limited to an average of ten (10) gallons per
minute over a 24 hour period and other conditions warrant
allowance of discharge; or
(b) It is demonstrated that a 10 year storm event can be
accommodated by the receiving storm drain system and water
system to the satisfaction of the City Engineer.
(c) Any such exemption granted under subsections (a) or (b) above
shall be subject to immediate cessation orders from the City. A
cessation order may be issued for reasons including, but not
limited to: capacity issues in the storm drain or sanitary sewer
systems; the discharge is causing or contributing to surcharging in
the storm drain or sanitary sewer systems; the storm drain or
sanitary sewer systems fail; excess flow entering the Palo Alto
Regional Water Quality Control Plant; emergency or routine
maintenance of City infrastructure; and protection of the
environment, public health, safety and welfare. The applicant
shall immediately comply with any cessation order issued.
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(v) The applicant shall install a groundwater monitoring well, and during the
construction period of the underground structure, submit periodic
groundwater level and other measurements and reports as required by
the City Engineer. During pumping, the groundwater monitoring water
level shall be measured at a monitoring well located at a farthest feasible
point on the subject site from the underground structure. This
monitoring shall be conducted daily for the first two weeks, then weekly
thereafter.
(vi) Designs and plans submitted to the City Engineer for approval shall
incorporate all of the requirements hereinabove.
(e) When Controlled Groundwater Pumping Required. If the rate of groundwater
discharge is greater than thirty (30) gallons per minute, the requirements of subsections (f) and
(g) below shall be followed.
(f) Controlled Groundwater Pumping Submittal Requirements. When controlled
groundwater pumping will be required, applicants shall submit the following to the City
Engineer:
(i) The applicant shall prepare and submit a street work permit application,
a dewatering plan and a groundwater use plan, all in a form approved by
the City Engineer. The groundwater use plan shall show how the
groundwater will be used to the maximum extent practicable and
incorporate the operational requirements of subsection (h) below.
(ii) The applicant shall submit a dewatering hydrogeological study
conforming to the regulations issued by the City Engineer, adhere to the
study’s findings, and make modifications as directed by the City Engineer.
Avoidance measures identified in the study shall be employed to the
maximum extent practicable to minimize the flow rate and duration of
the pumping, even when off-site effects are not specifically identified.
The dewatering hydrogeological study shall be stamped by a California
licensed hydrogeologist or equivalent and submitted to the City.
(iii) The applicant shall submit a pre-construction building condition survey
and report on structures on adjacent parcels prepared by a qualified
professional and meeting the standards established by the City Engineer.
The survey shall include a photographic and narrative report on the
interior and external condition of each structure and surveyed and
marked elevations of adjacent parcels, with particular attention to the
condition of concrete foundations, structural connections, brickwork,
plasterwork and other architectural finishes that are susceptible to
cracking. The report shall assess the likelihood that the proposed
dewatering would cause effects (including but not limited to settlement
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171108 SL/PublicWorksEnvironmental/Dewatering Ordinance
or movement) on off-site private or public structures or infrastructure,
including the right-of-way, easements, and utilities within public utility
easements, and the health or viability of vegetation or trees. To the
extent that report concludes that off-site effects are reasonably likely to
occur, the applicant shall identify avoidance measures to be
implemented that will minimize the type and severity of those effects,
and shall develop a monitoring plan to assess any actual effects on
vegetation, trees, structures and infrastructure.
(g) Controlled Groundwater Pumping Operational Requirements. Temporary
construction-related groundwater dewatering through controlled groundwater pumping shall
be conducted in compliance with the following:
(i) Dewatering shall only occur April 1 through October 31, if discharge to
the storm drain or sanitary sewer system is required. The City may grant
an exemption and allow discharge from November 1 through March 31,
upon application, if it is demonstrated that a 10 year storm event can be
accommodated by the receiving storm drain system and water system to
the satisfaction of the City Engineer. Any such exemption shall be subject
to immediate cessation orders from the City, which shall be complied
with immediately upon issuance.
(ii) Groundwater pumping for underground residential structures shall be
limited to ten weeks, with an additional two week start-up period. At the
end of the start-up period, the applicant must demonstrate compliance
with all performance and water quality standards established by the City
Engineer.
(iii) The applicant shall verify the anticipated drawdown curve in the
dewatering hydrogeological study with a pump test performed on
monitoring wells installed on the project site, as specified by the City
Engineer. Following the two-week start-up period, the dewatering,
pumping rates and maximum amount of water pumped on a daily basis
shall be limited to the values calculated in verification study.
(iv) Fill station(s) shall be designed to provide the minimum delivery
flowrates and incorporate instructional and public safety signage in
accordance with the regulations issued by the City Engineer.
(v) The applicant shall deliver pumped groundwater to any nearby parks and
schools as requested by the City.
(vi) The applicant shall truck water one full day (8 hours) per week from the
project site to irrigation sites as directed by the City during the first six
weeks of dewatering activities (not including the two-week start-up
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171108 SL/PublicWorksEnvironmental/Dewatering Ordinance
period). The applicant shall truck water five days per week (8 hours per
day) during the remainder of the dewatering period.
(vii) The applicant shall allow adjacent properties to use hoses connected to
the fill station(s). If used, applicant must set up hoses with bridges along
sidewalks. Hoses shall be placed in a manner that is safe to the public and
does not cause damage to neighboring or City property, and shall not
cross the street. The City Engineer may modify these requirements as
circumstances require.
(viii) Prior to the commencement of dewatering activities, the applicant shall
notify occupants of neighboring properties of the temporary construction
and availability of water.
(ix) The applicant shall use the pumped groundwater on-site for dust
suppression and other construction needs.
(x) Prior to pouring a basement slab, groundwater may be pumped no
deeper than three feet below the depth of the slab, measured at the
center. After the slab is poured, groundwater may be pumped no deeper
than one foot below the center.
(xi) The applicant shall install a groundwater monitoring well prior to the
commencement of dewatering, and during the construction period of the
underground structure, submit periodic groundwater level and other
measurements and reports as required by the City Engineer.
a. During pumping, the groundwater monitoring water level shall be
measured at a monitoring well located at a farthest feasible point
on the subject site from the underground structure. This
monitoring shall be conducted daily for the first week, then
weekly thereafter. At the end of the start-up period or thereafter,
if drawdown results are greater than anticipated, the applicant
shall submit a revised dewatering hydrogeological study and any
revised conclusions on impacts of the groundwater drawdown.
b. Survey and mark land elevations on structures on adjacent parcels
weekly, if allowed by the adjacent property owners. These
locations should coincide with the pre-construction building
condition survey. If permission is not granted, inform the City
immediately.
(xii) While discharging to the storm drain system, construction work on the
underground structure shall be continuous, occurring daily, and make
progress towards completion of the underground structure without
delay.
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171108 SL/PublicWorksEnvironmental/Dewatering Ordinance
(h) City Engineer Authority to Issue Regulations. The City Engineer is authorized to
establish and from time to time revise regulations to implement this Section and related
provisions of this Chapter and to advance the goals of minimizing temporary construction-
related dewatering and reducing its impacts.
SECTION 6. New Section 16.28.156 (Requirements for temporary construction-related
groundwater dewatering in groundwater plumes) is hereby added to read as follows:
16.28.156 Additional requirements for temporary construction-related groundwater
dewatering in groundwater plume areas.
For temporary construction-related groundwater dewatering in the groundwater plume
area, the following additional requirements must be followed:
(a) The applicant shall contact the City’s Watershed Protection Group for guidance
and requirements on sampling, treatment and disposal of temporary construction-related
groundwater.
(b) The City Engineer may require monitoring and an associated plan for specific
pollutants. The applicant shall adhere to any such requirements established by the City
Engineer.
SECTION 7. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this Ordinance
are hereby declared to be severable.
SECTION 8. CEQA. The City Council finds and determines that this Ordinance is not a
project within the meaning of section 15378 of the California Environmental Quality Act
(“CEQA”) because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it
can be seen with certainty to have no possibility of a significant effect on the environment in
that this Ordinance simply clarifies existing local regulations.
/ /
/ /
/ /
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171108 SL/PublicWorksEnvironmental/Dewatering Ordinance
SECTION 9. Effective Date. This ordinance shall be effective on the thirty-first date
after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
_________________________ __________________________
City Clerk Mayor
APPROVED AS TO FORM: __________________________
City Manager
_________________________ __________________________
Assistant City Attorney Director of Public Works/
City Engineer
CATEGORY March 2017 Ordinance November 2017 Proposed Ordinance Revision
Optional for all projects. Optional for all projects.
No specific requirements
presented for the installation or
during subsequent construction.
Requires a traffic control plan with a schedule for an
attendant during the installation.
Requires a groundwater monitoring well located at the
farthest feasible point.
PRE-CONSTRUCTION
BUILDING CONDITION
SURVEY OF NEIGHBORING
STRUCTURES
Not included
Requires evaluation of existing condition of neighboring
structures as well as evaluation of likelihood of dewatering
impacts to the neighboring structures, trees, and vegetation.
FILL STATION
While not expressly described in
ordinance, the City Guidelines
required applicant's trucking of
water one day per week during
entire dewatering period.
The previous Guidelines are clarified in the Ordinance. In
addition, trucking of water must increase to five days per
week after six weeks of dewatering period (not including two-
week start-up period).
LIMITS OF DISCHARGES TO
DRY SEASON
Discharges to storm or sanitary
drains only allowed April 1st
through October 31st.
Provides a provision, case-by-case, to consider allowing
discharge from November 1 to March 31st if (1) the discharge
is limited to ≤ 10 gallons per minute or (2) the receiving storm
drain line would have sufficient capacity for a 10-year storm.
Discharges subject to cessation orders from the City.
LIMITS TO PUMPING DEPTH Not included
Prior to pouring a basement slab, groundwater may be
pumped no deeper than three feet below the depth of the
slab, measured at the center. After the slab is poured,
groundwater may be pumped no deeper than one foot
below the center.
PRE-DEWATERING
TECHNICAL STUDY
Required Geotechnical Study but
the details were not expressly
described in ordinance.
Renamed a Dewatering Hydrogeologic Study and
incorporated details from the 2017 City Guidelines to clarify
content of the study.
VERIFICATION OF
DEWATERING STUDY
Required verification via pump test
and project site monitoring wells.
Clarified that after the 2 week start-up, the pumping rates and
volume pumped shall be limited by the values calculated in
the study.
MEASUREMENTS DURING
DEWATERING
Required periodic measurements
as required by the City Engineer.
Clarified that measurements include periodic groundwater
level monitoring and weekly surveys of adjacent buildings.
GROUNDWATER USE PLAN
Not expressly described in
ordinance but was included in City
Guidelines.
Ordinance clarifies the Use Plan requirements based on the
2017 guidelines and field observations during 2017
construction season.
DEWATERING PLAN AND
STREET WORKS PERMIT
Not expressly described in
ordinance.
Clarifies required submitals if there is a planned storm drain
discharge.
EXCEPTIONAL WASTE
DISCHARGE PERMIT
APPLICATION
Not expressly described in
ordinance.
Clarifies required submitals if there is a planned sewer
discharge.
COMPARISON OF CURRENT PROVISIONS AND PROPOSED CHANGES: GROUNDWATER DEWATERING ORDINANCE (Section 16.28
of the P.A.M.C.)
GROUNDWATER
EXCLUSIONARY
TECHNIQUE
November 20, 2017
• CITY OF
PALO
ALTO
Overview
Guidelines for Dewatering During Basement
Or Below Ground Garage Construction
May 2017
On February 1, 2016, Palo Alto City Council strengthened requirements designed to minimize the pumping
and discharge of groundwater from basement (or below ground garage) dewatering during construction.
Pumping of groundwater after the completion of basement construction has not been permitted for over a
decade. In recent years, concerns that construction dewatering may be wasting water, potentially damaging
structures, trees and vegetation, and depleting or altering the flow of groundwater, have arisen. Therefore
Palo Alto added new requirements.
Public Works only allows drawdown well dewatering of groundwater. Open pit dewatering of groundwater
is disallowed. Open pit dewatering is allowed for rainwater that may accumulate at the bottom of an
excavation, if water quality limits are met. Groundwater dewatering is only allowed from April 1 through
October 31 due to inadequate capacity in the City's storm drain system. Open pit dewatering of rainwater
Is allowed throughout the year, but must meet water quality requirements.
After assessing the results of new dewatering regulations from the 2016 Construction Season, the City
Council approved several enhancements to the dewatering policy that have been codified in Palo Alto
Municipal Code and go into effect May 4, 2017. The 2017 enhancements include improving fill station
performance, ensuring watering of adjacent neighboring vegetation, monitoring actual groundwater
elevation changes, clarifying reporting, and enhancing the Hydrogeological Study, while adding an
exemption to the Study if groundwater pumping can be limited to 30 gpm or less using techniques such as
cut off wall design.
Residential sites are now only allowed to dewater for a 10-week time period with a 2-week startup period.
At the end of the two-week startup period, compliance with all performance standards and water quality
standards shall be demonstrated. In addition, groundwater can only be pumped up to a maximum of 3 feet
below the basement slab center following the two week start up period. Once the slab is poured, the depth
to the center of the slab shall be 1 foot.
A geotechnical report must be submitted for the site (separate from the Geotechnical Study described
below), and must list the highest anticipated groundwater level. Public Works recommends a piezometer to
be installed in the soil boring. The contractor must determine the depth to groundwater immediately prior
to excavation by using the piezometer or by drilling an exploratory hole if the deepest excavation will be
within 3 feet of the highest anticipated groundwater level. If groundwater is found to be within 2 feet of the
deepest excavation, a drawdown well dewatering system or cutoff wall must be installed, or, alternatively,
the contractor can excavate for the basement without a dewatering system in place and hope not to hit
groundwater.
However, if groundwater is hit, the contractor must immediately stop all work and must meet all of the
following requirements prior to resuming work.
Public Works may require water to be tested for contaminants prior to initial discharge and at intervals
during dewatering. If testing is required, the contractor must retain an independent testing firm to test the
discharge water for the contaminants Public Works specifies and submit the results to Public Works.
Below is a summary of the pre-existing requirements, with the recently adopted requirements included. The
overall goal is to minimize the discharge of groundwater from basement construction dewatering. The
requirements fall into four categories: 1) Fill stations are required so that others may fill water trucks or
connect garden hoses for irrigation; 2) Use plans are required to demonstrate that the applicant/builder is
arranging for use of as much of the pumped water as possible and minimizing storm drain discharge; 3) A
Geotechnical Study is required to determine any potential effects and needed avoidance measures; and 4)
Street Work/Dewatering permits are required (and are issued after requirements #1, #2 and #3 are
completed).
1. Fill Station Requirements
Fill Station requirements are explained in the attached "Fill Station Requirements" and are summarized
in the check-list shown below:
Note: When the City determines that the site is too close to an area of ground water contamination, no
fill station shall be provided.)
a) Locate the fill station box outside the fence to allow 24-hour per day access;
b) Provide 2 W' hydrant fitting hose connection with a SO-foot (minimum) hose. Applicant must
demonstrate maximum 10-minute fill time for a "'2700 gallon water truck
c) Provide at least two 100' hoses outside the fill station box, 10 gallons per minute (gpm) deliveries
(simultaneously) during the two week start up period
d) Design the tank system so that the storage tank is always at least one-half full;
e) GFI outlet inside or electrical connection outside the box;
f) "In-use" cover over switch/outlet in box;
g) Provide a "Water Filling Station" sign on the fill station box;
h) Provide a "Non-Potable Discharge" sign on the discharge point;
i) "No Hoses Crossing Street and Sidewalk" sign at hose bibs;
j) Supply log sheets, and a pen inside the box for truckers to show date and amount of filling;
k) Provide a fill station box combination Jock (combination should be 2, 4, 6, 8)
I) Provide sufficient flow meters and data loggers to determine both the water used through the fill
station and the total water pumped from the ground;
m) Protect against trip hazards with sidewalk bridges and appropriate signage as needed;
n) Once water is in the tank, call Watershed Protection ( 650-329-2430/2122) for water quality testing;
o) When Fill Station is ready, call Public Works Engineering Inspection {650-496-6929) for inspection
and call 650-444-6173 for Electrical Safety Check;
p) Flow meters should start at zero, should be easily readable and in a safe location at the outlet of
the settling tank;
q) Pump and hose bib are operational;
r) Applicant will be required to report on all measurements and requirements (reports due at the
end of the two-week start-up period, then bi-weekly, and then a final report at the end of
pumping).
2. Use Plans
A brief groundwater use plan must be prepared to show how the groundwater will be used to the
maximum extent practical. It shall be submitted with the Street Work/Dewatering Permit Application,
and shall contain the following minimum provisions:
a) Applicant distribution of City-provided door-hangers to advertise the availability of water; these are
to be collected if still apparent after 24 hours.
b) Applicant watering of on-site and neighboring vegetation, to the extent desired by owners;
c) Applicant piping water to any nearby parks and schools as requested by City;
d) Applicant trucking water one full-day per week to irrigation sites as directed by the City;
e) Applicant using water on-site for dust suppression and other construction needs.
3. Geotechnical Study I Determination of Effects and Associated Avoidance Measures
Note: applicants are exempt from this requirement if groundwater pumping can be limited to 30 gpm or
less using techniques such as cut off wall design.
Conduct a Geotechnical Study to determine the radius of influence (i.e. extent of cone of depression)
from each dewatering well as a function of time, based on local soil and groundwater conditions. A11 wells
and other dewatering sites within a 400-foot radius (roughly one City block) of the property that may
interact with dewatering activity, using information available from the City, shall be included in the study.
State or show the exact location of these dewatering sites. Prepare a map and cross sections of the
cone(s) of depression.
The key change for 2017 is applicants are now required to verify the anticipated drawdown curve with a
pump test using actual wells. Cone Penetrometer Tests (CPT) are also encouraged to verify soils data. The
actual pumping rates, following the two week start-up period, shall be limited to the rates calculated in
the verification. The maximum amount of water pumped over the 10-week period shall be limited to that
calculated during verification. To support this work, measure the ground water level at a distance
representative of the distance to the nearest structure on an adjacent parcel, or farthest feasible point on
the subject site. This monitoring shall be daily for the first week, then weekly thereafter. At the end of the
2 week start-up period or thereafter, if drawdown results are greater than anticipated, submit a revised
Geotechnical Study and any revised conclusions on impacts of the groundwater drawdown. Survey and
mark land elevations on structures on adjacent parcels (obtain permission first) prior to any pumping and
weekly thereafter.
State whether it is reasonably likely that the proposed dewatering will cause effects (including settlement
or movement) on off-site private or public structures or infrastructure, including the right of way,
easements, and utilities within public utility easements. State whether it is reasonably likely that the
proposed dewatering will reduce the amount of water taken up by vegetation or trees to a level that will
affect the health or viability of the vegetation or trees. Utilize a Certified Arborist Sub Consultant to verify
any such effect on trees.
To the extent that the qualified professional states that off-site effects are reasonably likely to occur,
identify avoidance measures to be implemented that will minimize the type and severity of those effects.
Avoidance measures are also to be employed to the maximum extent practical to minimize the flow rate
and duration of the pumping, even when off-site effects are not specifically identified. Avoidance
measures may include, for example: optimizing well count, well depth, well location, pumping rate,
and/or duration of pumping; supplemental irrigation of trees or vegetation, soil amendment, or other
City of Palo Alto (ID # 8718)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Extending Net Energy Metering to December 31, 2017
Title: Staff Recommendation That Council Adopt a Resolution Extending the
Net Energy Metering (NEM) Program to all Eligible Customer-Generators
Until the City's Total Distributed Generation Demand Exceeds 10.8MW, or
Until December 31, 2017, Whichever Occurs Later
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that the City Council (Council):
1. Adopt a resolution (Attachment A) extending the Net Energy Metering (NEM) Program to
all eligible customer-generators until the City’s total distributed generation demand
exceeds 10.8 MW, or until December 31, 2017, whichever occurs later.
Background and Discussion
NEM is a billing mechanism designed to promote the installation of renewable distributed
generation which, under state law, requires utilities to compensate eligible customers at the
full retail rate for electricity generated by their on-site systems, such as solar photovoltaic
(solar PV) systems. Public Utilities Code section 2827(c)(4)(A) requires electric utilities to offer
NEM to eligible customers until the distributed generation demand of those customers
exceeds 5% of the utility’s aggregate peak demand. On November 7, 2016, Council adopted
a resolution determining that 5% of the City’s total demand, commonly referred to as the
“NEM cap,” was 10.8 MW (Staff Report 7346). Distributed generation installed exceeding the
10.8 MW “cap” would not qualify for NEM, and would instead be permitted to participate in a
NEM Successor Program adopted by the Council on August 22, 2016 (Staff Report 7150).
As of November 27, 2017 the City was 739 kW from reaching 10.8 MW of distributed
generation demand. Progress toward this level has been slow and steady over the last year.
But based on customer inquiries about the program, staff is aware of a number of customers
poised to submit projects into the NEM program, in large part because many of these
customers are also participating in a regional solar group buy program which closes to new
customers on December 31, 2017. Because there has been ample capacity in the City’s NEM
program to-date, customers have been working through the multi-step distributed generation
City of Palo Alto Page 2
installation, reservation, and connection process with the expectation that adequate NEM
capacity would remain throughout the calendar year. A rapid closure of the program, going
from 739 kW to 0 kW in under three weeks, will cause significant disruption to a number of
customers with distributed generation projects already in the planning process.
To accommodate CPAU customers in the process of setting up distributed generation, and
allow for an orderly wind-down of the City’s NEM program, staff proposes continuing to offer
NEM eligibility until the total distributed generation demand exceeds 5% of CPAU’s aggregate
peak demand, or until December 31, 2017, whichever comes later. Staff anticipates the total
additional demand within the NEM program resulting from this administrative change would
be roughly 500-600 kW. Staff also intends to make an administrative change extending the
time applicants have to complete their projects from six months to one year based on
requests from the Palo Alto Unified School District (PAUSD) and other customers who have
struggled to complete projects within six months. Given the short timeline remaining until
December 31, 2017, and the multi-step NEM planning and application process, Staff does not
expect to receive additional NEM applications for projects besides those already in progress.
Resource Impact
The total cost impact to the Electric Fund associated with this proposal is estimated to be
$2,000-$5,000 per year over twenty years. Staff expects that the cost impact would only be
significantly higher in the unlikely event additional large commercial project applications are
received by December 31, 2017, and those projects export significant amounts of solar
energy to the grid. This is because nearly all of the energy generated by non-residential
NEM customers is typically used on-site, and the bulk of NEM costs occur when energy is
exported to the grid.
Policy Implications
Adoption of the proposed resolution supports the Local Solar Plan by allowing for a
smoother transition from NEM to the NEM Successor Program while continuing to offer
positive customer service to solar customers with projects in the planning process.
Environmental Review
Council’s adoption of the proposed resolution does not meet the California Environmental
Quality Act’s (CEQA) definition of “project” under California Public Resources Code Sec.
21065 and CEQA Guidelines Section 15378(b)(5), because it is an administrative governmental
activity which will not cause a direct or indirect physical change in the environment , thus no
environmental review is required.
Attachments:
Attachment A: NEM Extension Resolution
ATTACHMENT A
171128 jb 6054036
NOT YET APPROVED
Resolution No. ____
Resolution of the Council of the City of Palo Alto Extending the Net Energy
Metering (NEM) Program to all Eligible Customer-Generators Until the City’s
Total Distributed Generation Demand Exceeds 10.8 MW, or Until December 31,
2017, Whichever Occurs Later
RECITALS
A. Currently distributed generation installed in Palo Alto may be eligible for the
City’s Net Energy Metering (NEM) Program if it meets program criteria. The City is required
by state law, Public Utilities Code section 2827(c)(4)(A), to offer this Program until total
installed distributed generating capacity taking advantage of the program exceeds 5% of
the utility’s aggregate peak demand.
B. On November 7, 2016 the Council adopted Resolution 9638 establishing a
method for calculating the amount of distributed generating capacity equal to 5% of the
utility’s aggregate peak demand, resulting in a NEM Program capacity of 10.8 MW.
C. On August 22, 2016, the Council of the City of Palo Alto approved a rate
schedule for its NEM Successor Program, (E-EEC-1) which will apply to distributed
generation after the total installed distributed generating capacity taking advantage of the
NEM Program exceeds 5% of the utility’s aggregate peak demand.
D. As of November 27, 2017, the amount of capacity available in the NEM
Program was 739 kW, which can appear to customers to be a significant amount of
capacity. But based on customer inquiries about the program, staff is aware of a
number of customers poised to submit projects into the NEM Program, at the moment
such that the program is likely to close abruptly.
E. It is in the best interests of the City and its electric utility customers to
accommodate CPAU customers in the process of setting up distributed generation, and
to smoothly transition from the current NEM Program to the NEM Successor Program,
and the E-EEC-1 rate schedule.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The City will accept applications to the NEM program until the City’s
171128 jb 6054036
total distributed generation demand exceeds 10.8 MW, , as defined in Resolution 9638
approved November 16, 2017, or until 5:30 PM on December 31, 2017, whichever occurs
later. Any applications submitted after that time will be placed on a wait list in case
project cancellations result in the total installed NEM Program capacity dropping below
10.8 MW.
SECTION 2. Council’s adoption of this resolution does not meet the California
Environmental Quality Act’s (CEQA) definition of “project” under California Public Resources
Code Sec. 21065 and CEQA Guidelines Section 15378(b)(5), because it is an administrative
governmental activity which will not cause a direct or indirect physical change in the
environment , thus no environmental review is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Administrative Services
General Manager of Utilities
City of Palo Alto (ID # 8728)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Update salary schedules for public safety employee groups
Title: Adoption of Updated Salary Schedules per MOAs for, Palo Alto Peace
Officer's Association (PAPOA), Palo Alto Police Managers Association
(PAPMA), International Association of Fire Fighters (IAFF), and Palo Alto Fire
Chiefs Association (PAFCA)
From: City Manager
Lead Department: Human Resources
Recommended Motion
Staff recommends that the Council adopt the attached updates to the salary schedule for
International Association of Fire Fighters (IAFF), Palo Alto Fire Chief’s Association (PAFCA), Palo
Alto Peace Officers’ Association (PAPOA), and Palo Alto Police Management Association
(PAPMA).
Recommendation
Staff recommends that Council adopt the attached updated salary schedule for the
International Association of Fire Fighters (IAFF), Palo Alto Fire Chief’s Association (PAFCA), Palo
Alto Peace Officers’ Association (PAPOA), and Palo Alto Police Management Association
(PAPMA) to reflect a 2.5 percent wage increase effective 12/23/17.
Discussion
The City’s salaries are adopted and maintained in accordance with a number of laws, policies
and regulations, including:
City of Palo Alto Charter;
City of Palo Alto Municipal Code;
City of Palo Alto City of Palo Alto Merit Rules;
Memoranda of Understanding as bargained between the City and unions/associations; and
Management and Professional Compensation Plan
The Public Employees’ Retirement Law (PERL) requires contracting agencies like the City of Palo
Alto to adopt publicly available pay schedules that show “the pay rate for each identified
position, which may be stated as a single amount or as multiple amounts within a range.”
City of Palo Alto Page 2
The pay schedules are adopted and published with the fiscal year budget and/or when new
Memoranda of Agreement are ratified. From time-to-time, the adopted pay schedules require
updates to reflect settlements that arise from union grievances, from changes in minimum
wage laws, internal or external alignment or for administrative reasons, such as correcting
errors.
The requested salary schedule adjustments reflect the agreed upon salary terms in the current
Council approved Memoranda of Agreement (MOAs) for all of the public safety employee
groups: IAFF, PAFCA, PAPMA and PAPOA. The basic wage salary provisions stipulated that a
total compensation survey was to be completed by November 2017 per the criteria detailed in
the MOA. Upon completion of this survey, the MOAs provide that should the survey find the
City to be below the median of the market, a market adjustment to place the unit at the
median of the market shall be conferred up to but not exceeding a cap of 2.5 percent effective
by the end of December 2017.
The City completed total compensation market studies per the terms agreed upon and found all
units to be below the median of the market by 5 percent to 9 percent depending on the unit.
Consistent with the language in the MOAS, increases of 2.5 percent effective 12/23/17 are
necessary to implement this provision of these MOAs.
Resource Impact
The FY 2018 Adopted Budget presumed the maximum authority of 2.5 percent wage increase
beginning in calendar year 2018, therefore, no additional appropriation of funds is necessary to
implement these actions. Overall, the recommended adjustments will result in additional
salary costs of approximately $300,000 in FY 2018 and $600,000 ongoing in the General Fund.
Environmental Impact
Adoption of the attached salary schedule is not project for the purposes of the California
Environmental Quality Act (CEQA) and therefore no environmental review is required.
Attachments:
Attachment A - IAFF Salary Schedule
Attachment B - PAFCA Salary Schedule
Attachment C - PAPOA Salary Schedule
Attachment D - PAPMA Salary Schedule
Job
Code FLSA SH/NS Job Title
Step Rate Step Rate Step Rate Step Rate Monthly Annual
601 Non‐exempt SH FIRE APPARATUS OP 1 27.58$ 1 30.48$ 1 31.25$ 1 32.02$
2 29.03$ 2 32.08$ 2 32.89$ 2 33.71$
3 30.56$ 3 33.77$ 3 34.62$ 3 35.48$
4 32.17$ 4 35.55$ 4 36.44$ 4 37.35$
5 33.86$ 5 37.42$ 5 38.36$ 5 39.32$ 9,541.65$ 114,499.84$
602 Non‐exempt SH FIRE CAPTAIN 1 32.73$ 1 36.17$ 1 37.07$ 1 38.00$
2 34.45$ 2 38.07$ 2 39.02$ 2 40.00$
3 36.26$ 3 40.07$ 3 41.07$ 3 42.10$
4 38.17$ 4 42.18$ 4 43.23$ 4 44.32$
5 40.18$ 5 44.40$ 5 45.51$ 5 46.65$ 11,320.40$ 135,844.80$
603 Non‐exempt SH FIRE INSPECTOR 1 34.36$ 1 37.97$ 1 38.91$ 1 39.89$
2 36.17$ 2 39.97$ 2 40.96$ 2 41.99$
3 38.07$ 3 42.07$ 3 43.12$ 3 44.20$
4 40.07$ 4 44.28$ 4 45.39$ 4 46.53$
5 42.18$ 5 46.61$ 5 47.78$ 5 48.98$ 11,885.81$ 142,629.76$
604 Non‐exempt SH FIRE FIGHTER 1 25.80$ 1 28.51$ 1 29.23$ 1 29.95$
2 27.16$ 2 30.01$ 2 30.77$ 2 31.53$
3 28.59$ 3 31.59$ 3 32.39$ 3 33.19$
4 30.09$ 4 33.25$ 4 34.09$ 4 34.94$
5 31.67$ 5 35.00$ 5 35.88$ 5 36.78$ 8,925.28$ 107,103.36$
606 Non‐exempt SH OPER PARAMEDIC‐12.5 1 31.03$ 1 34.29$ 1 35.14$ 1 36.02$
2 32.66$ 2 36.09$ 2 36.99$ 2 37.92$
3 34.38$ 3 37.99$ 3 38.94$ 3 39.92$
4 36.19$ 4 39.99$ 4 40.99$ 4 42.02$
5 38.09$ 5 42.09$ 5 43.15$ 5 44.23$ 10,733.15$ 128,797.76$
608 Non‐exempt SH CAPTAIN PARAMEDIC‐12.5 1 36.81$ 1 40.69$ 1 41.71$ 1 42.75$
2 38.75$ 2 42.83$ 2 43.90$ 2 45.00$
3 40.79$ 3 45.08$ 3 46.21$ 3 47.37$
4 42.94$ 4 47.45$ 4 48.64$ 4 49.86$
5 45.20$ 5 49.95$ 5 51.20$ 5 52.48$ 12,735.15$ 152,821.76$
610 Non‐exempt SH INSPCTR PARAMDC‐12.5 1 37.14$ 1 41.05$ 1 42.08$ 1 43.13$
2 39.09$ 2 43.21$ 2 44.29$ 2 45.40$
3 41.15$ 3 45.48$ 3 46.62$ 3 47.79$
4 43.32$ 4 47.87$ 4 49.07$ 4 50.30$
5 45.60$ 5 50.39$ 5 51.65$ 5 52.95$ 12,849.20$ 154,190.40$
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
Attachment A
Job
Code FLSA SH/NS Job Title
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
676 Non‐exempt SH F FIGHTR PARAMEDC‐12.5 1 29.02$ 1 32.07$ 1 32.88$ 1 33.70$
2 30.55$ 2 33.76$ 2 34.61$ 2 35.47$
3 32.16$ 3 35.54$ 3 36.43$ 3 37.34$
4 33.85$ 4 37.41$ 4 38.35$ 4 39.31$
5 35.63$ 5 39.38$ 5 40.37$ 5 41.38$ 10,041.55$ 120,498.56$
677 Non‐exempt SH HAZ MAT SPEC 1 35.37$ 1 39.08$ 1 40.05$ 1 41.07$
2 37.23$ 2 41.14$ 2 42.16$ 2 43.23$
3 39.19$ 3 43.30$ 3 44.38$ 3 45.50$
4 41.25$ 4 45.58$ 4 46.72$ 4 47.89$
5 43.42$ 5 47.98$ 5 49.18$ 5 50.41$ 12,232.83$ 146,793.92$
678 Non‐exempt SH HAZ MAT INSPECTOR 1 34.36$ 1 37.97$ 1 38.91$ 1 39.89$
2 36.17$ 2 39.97$ 2 40.96$ 2 41.99$
3 38.07$ 3 42.07$ 3 43.12$ 3 44.20$
4 40.07$ 4 44.28$ 4 45.39$ 4 46.53$
5 42.18$ 5 46.61$ 5 47.78$ 5 48.98$ 11,885.81$ 142,629.76$
680 Non‐exempt SH FIRE FIGHTER HAZ MAT 1 27.08$ 1 29.93$ 1 30.69$ 1 31.46$
2 28.51$ 2 31.50$ 2 32.30$ 2 33.12$
3 30.01$ 3 33.16$ 3 34.00$ 3 34.86$
4 31.59$ 4 34.91$ 4 35.79$ 4 36.69$
5 33.25$ 5 36.75$ 5 37.67$ 5 38.62$ 9,371.79$ 112,461.44$
681 Non‐exempt SH FIRE APPR OP HAZ MAT 1 28.95$ 1 32.00$ 1 32.80$ 1 33.63$
2 30.47$ 2 33.68$ 2 34.53$ 2 35.40$
3 32.07$ 3 35.45$ 3 36.35$ 3 37.26$
4 33.76$ 4 37.32$ 4 38.26$ 4 39.22$
5 35.54$ 5 39.28$ 5 40.27$ 5 41.28$ 10,017.28$ 120,207.36$
682 Non‐exempt SH FIRE CAPTAIN HAZ MAT 1 34.37$ 1 37.98$ 1 38.92$ 1 39.90$
2 36.18$ 2 39.98$ 2 40.97$ 2 42.00$
3 38.08$ 3 42.08$ 3 43.13$ 3 44.21$
4 40.08$ 4 44.29$ 4 45.40$ 4 46.54$
5 42.19$ 5 46.62$ 5 47.79$ 5 48.99$ 11,888.24$ 142,658.88$
683 Non‐exempt SH FIRE FIGHTER EMT 1 26.57$ 1 29.36$ 1 30.10$ 1 30.87$
2 27.97$ 2 30.91$ 2 31.68$ 2 32.49$
3 29.44$ 3 32.54$ 3 33.35$ 3 34.20$
4 30.99$ 4 34.25$ 4 35.11$ 4 36.00$
5 32.62$ 5 36.05$ 5 36.96$ 5 37.89$ 9,194.64$ 110,335.68$
Job
Code FLSA SH/NS Job Title
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
684 Non‐exempt SH FIRE FGHTR HZ MT EMT 1 27.87$ 1 30.79$ 1 31.57$ 1 32.36$
2 29.34$ 2 32.41$ 2 33.23$ 2 34.06$
3 30.88$ 3 34.12$ 3 34.98$ 3 35.85$
4 32.50$ 4 35.92$ 4 36.82$ 4 37.74$
5 34.21$ 5 37.81$ 5 38.76$ 5 39.73$ 9,641.15$ 115,693.76$
685 Non‐exempt SH FIRE APPARATUS OP EMT 1 28.41$ 1 31.40$ 1 32.19$ 1 32.99$
2 29.91$ 2 33.05$ 2 33.88$ 2 34.73$
3 31.48$ 3 34.79$ 3 35.66$ 3 36.56$
4 33.14$ 4 36.62$ 4 37.54$ 4 38.48$
5 34.88$ 5 38.55$ 5 39.52$ 5 40.51$ 9,830.43$ 117,965.12$
686 Non‐exempt SH FIRE AP OP HZ MT EMT 1 29.78$ 1 32.92$ 1 33.74$ 1 34.59$
2 31.35$ 2 34.65$ 2 35.52$ 2 36.41$
3 33.00$ 3 36.47$ 3 37.39$ 3 38.33$
4 34.74$ 4 38.39$ 4 39.36$ 4 40.35$
5 36.57$ 5 40.41$ 5 41.43$ 5 42.47$ 10,306.05$ 123,672.64$
687 Non‐exempt SH FIRE CAPTAIN EMT 1 33.70$ 1 37.25$ 1 38.18$ 1 39.15$
2 35.47$ 2 39.21$ 2 40.19$ 2 41.21$
3 37.34$ 3 41.27$ 3 42.31$ 3 43.38$
4 39.31$ 4 43.44$ 4 44.54$ 4 45.66$
5 41.38$ 5 45.73$ 5 46.88$ 5 48.06$ 11,662.56$ 139,950.72$
688 Non‐exempt SH FIRE CAP HAZ MAT EMT 1 35.35$ 1 39.06$ 1 40.04$ 1 41.05$
2 37.21$ 2 41.12$ 2 42.15$ 2 43.21$
3 39.17$ 3 43.28$ 3 44.37$ 3 45.48$
4 41.23$ 4 45.56$ 4 46.70$ 4 47.87$
5 43.40$ 5 47.96$ 5 49.16$ 5 50.39$ 12,227.97$ 146,735.68$
689 Non‐exempt SH FIRE INSPECTOR EMT 1 35.41$ 1 39.12$ 1 40.11$ 1 41.12$
2 37.27$ 2 41.18$ 2 42.22$ 2 43.28$
3 39.23$ 3 43.35$ 3 44.44$ 3 45.56$
4 41.29$ 4 45.63$ 4 46.78$ 4 47.96$
5 43.46$ 5 48.03$ 5 49.24$ 5 50.48$ 12,249.81$ 146,997.76$
691 Non‐exempt SH F FGH PRDMD‐12.5 EMT 1 29.79$ 1 32.94$ 1 33.76$ 1 34.61$
2 31.36$ 2 34.67$ 2 35.54$ 2 36.43$
3 33.01$ 3 36.49$ 3 37.41$ 3 38.35$
4 34.75$ 4 38.41$ 4 39.38$ 4 40.37$
5 36.58$ 5 40.43$ 5 41.45$ 5 42.49$ 10,310.91$ 123,730.88$
Job
Code FLSA SH/NS Job Title
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
693 Non‐exempt SH OPR PRMDC‐12.5 EMT 1 31.85$ 1 35.21$ 1 36.09$ 1 36.99$
2 33.53$ 2 37.06$ 2 37.99$ 2 38.94$
3 35.29$ 3 39.01$ 3 39.99$ 3 40.99$
4 37.15$ 4 41.06$ 4 42.09$ 4 43.15$
5 39.11$ 5 43.22$ 5 44.31$ 5 45.42$ 11,021.92$ 132,263.04$
695 Non‐exempt SH CAPT PRMDC‐12.5 EMT 1 37.80$ 1 41.77$ 1 42.82$ 1 43.90$
2 39.79$ 2 43.97$ 2 45.07$ 2 46.21$
3 41.88$ 3 46.28$ 3 47.44$ 3 48.64$
4 44.08$ 4 48.72$ 4 49.94$ 4 51.20$
5 46.40$ 5 51.28$ 5 52.57$ 5 53.89$ 13,077.31$ 156,927.68$
696 Non‐exempt SH HAZ MAT SPEC EMT 1 36.42$ 1 40.25$ 1 41.26$ 1 42.29$
2 38.34$ 2 42.37$ 2 43.43$ 2 44.52$
3 40.36$ 3 44.60$ 3 45.72$ 3 46.86$
4 42.48$ 4 46.95$ 4 48.13$ 4 49.33$
5 44.72$ 5 49.42$ 5 50.66$ 5 51.93$ 12,601.68$ 151,220.16$
671 Non‐exempt SH FIRE FGHTR EMT HAZ MT PARA 1 31.08$ 1 34.35$ 1 35.22$ 1 36.10$
2 32.72$ 2 36.16$ 2 37.07$ 2 38.00$
3 34.44$ 3 38.06$ 3 39.02$ 3 40.00$
4 36.25$ 4 40.06$ 4 41.07$ 4 42.10$
5 38.16$ 5 42.17$ 5 43.23$ 5 44.32$ 10,754.99$ 129,059.84$
672 Non‐exempt SH FIRE AP OP EMT HAZ MT PARA 1 33.23$ 1 36.74$ 1 37.64$ 1 38.59$
2 34.98$ 2 38.67$ 2 39.62$ 2 40.62$
3 36.82$ 3 40.70$ 3 41.71$ 3 42.76$
4 38.76$ 4 42.84$ 4 43.91$ 4 45.01$
5 40.80$ 5 45.09$ 5 46.22$ 5 47.38$ 11,497.55$ 137,970.56$
661 Non‐exempt SH FIRE CPT EMT HAZ MT PARA 1 39.44$ 1 43.59$ 1 44.68$ 1 45.80$
2 41.52$ 2 45.88$ 2 47.03$ 2 48.21$
3 43.70$ 3 48.29$ 3 49.50$ 3 50.75$
4 46.00$ 4 50.83$ 4 52.11$ 4 53.42$
5 48.42$ 5 53.51$ 5 54.85$ 5 56.23$ 13,645.15$ 163,741.76$
634 Non‐exempt NS FIRE APPARATUS OP 1 38.61$ 1 42.66$ 1 43.74$ 1 44.84$
2 40.64$ 2 44.91$ 2 46.04$ 2 47.20$
3 42.78$ 3 47.27$ 3 48.46$ 3 49.68$
4 45.03$ 4 49.76$ 4 51.01$ 4 52.29$
5 47.40$ 5 52.38$ 5 53.69$ 5 55.04$ 9,540.27$ 114,483.20$
Job
Code FLSA SH/NS Job Title
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
635 Non‐exempt NS FIRE CAPTAIN 1 45.82$ 1 50.64$ 1 51.90$ 1 53.20$
2 48.23$ 2 53.30$ 2 54.63$ 2 56.00$
3 50.77$ 3 56.10$ 3 57.50$ 3 58.95$
4 53.44$ 4 59.05$ 4 60.53$ 4 62.05$
5 56.25$ 5 62.16$ 5 63.72$ 5 65.32$ 11,322.13$ 135,865.60$
636 Non‐exempt NS FIRE INSPECTOR 1 48.11$ 1 53.16$ 1 54.49$ 1 55.86$
2 50.64$ 2 55.96$ 2 57.36$ 2 58.80$
3 53.30$ 3 58.90$ 3 60.38$ 3 61.89$
4 56.10$ 4 62.00$ 4 63.56$ 4 65.15$
5 59.05$ 5 65.26$ 5 66.90$ 5 68.58$ 11,887.20$ 142,646.40$
637 Non‐exempt NS FIRE FIGHTER 1 36.11$ 1 39.91$ 1 40.91$ 1 41.94$
2 38.01$ 2 42.01$ 2 43.06$ 2 44.15$
3 40.01$ 3 44.22$ 3 45.33$ 3 46.47$
4 42.12$ 4 46.55$ 4 47.72$ 4 48.92$
5 44.34$ 5 49.00$ 5 50.23$ 5 51.49$ 8,924.93$ 107,099.20$
638 Non‐exempt NS OPER PARAMEDIC‐12.5 1 43.42$ 1 47.98$ 1 49.19$ 1 50.43$
2 45.71$ 2 50.51$ 2 51.78$ 2 53.08$
3 48.12$ 3 53.17$ 3 54.51$ 3 55.87$
4 50.65$ 4 55.97$ 4 57.38$ 4 58.81$
5 53.32$ 5 58.92$ 5 60.40$ 5 61.91$ 10,731.07$ 128,772.80$
639 Non‐exempt NS CAPTAIN PARAMEDIC‐12.5 1 51.54$ 1 56.95$ 1 58.40$ 1 59.85$
2 54.25$ 2 59.95$ 2 61.47$ 2 63.00$
3 57.11$ 3 63.11$ 3 64.70$ 3 66.32$
4 60.12$ 4 66.43$ 4 68.10$ 4 69.81$
5 63.28$ 5 69.93$ 5 71.68$ 5 73.48$ 12,736.53$ 152,838.40$
641 Non‐exempt NS INSPCTR PARAMDC‐12.5 1 51.98$ 1 57.45$ 1 58.90$ 1 60.36$
2 54.72$ 2 60.47$ 2 62.00$ 2 63.54$
3 57.60$ 3 63.65$ 3 65.26$ 3 66.88$
4 60.63$ 4 67.00$ 4 68.69$ 4 70.40$
5 63.82$ 5 70.53$ 5 72.30$ 5 74.11$ 12,845.73$ 154,148.80$
642 Non‐exempt NS 40‐HR TRAINING CAPTAIN 1 48.11$ 1 53.16$ 1 54.49$ 1 55.86$
2 50.64$ 2 55.96$ 2 57.36$ 2 58.80$
3 53.30$ 3 58.90$ 3 60.38$ 3 61.89$
4 56.10$ 4 62.00$ 4 63.56$ 4 65.15$
5 59.05$ 5 65.26$ 5 66.90$ 5 68.58$ 11,887.20$ 142,646.40$
Job
Code FLSA SH/NS Job Title
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
643 Non‐exempt NS 40‐HR TRAINING CAPTAIN EMT 1 49.55$ 1 54.76$ 1 56.13$ 1 57.53$
2 52.16$ 2 57.64$ 2 59.08$ 2 60.56$
3 54.90$ 3 60.67$ 3 62.19$ 3 63.75$
4 57.79$ 4 63.86$ 4 65.46$ 4 67.11$
5 60.83$ 5 67.22$ 5 68.91$ 5 70.64$ 12,244.27$ 146,931.20$
644 Non‐exempt NS F FIGHTR PARAMEDC‐12.5 1 40.62$ 1 44.88$ 1 46.02$ 1 47.17$
2 42.76$ 2 47.24$ 2 48.44$ 2 49.65$
3 45.01$ 3 49.73$ 3 50.99$ 3 52.26$
4 47.38$ 4 52.35$ 4 53.67$ 4 55.01$
5 49.87$ 5 55.11$ 5 56.49$ 5 57.91$ 10,037.73$ 120,452.80$
645 Non‐exempt NS HAZ MAT SPEC 1 49.51$ 1 54.72$ 1 56.09$ 1 57.49$
2 52.12$ 2 57.60$ 2 59.04$ 2 60.52$
3 54.86$ 3 60.63$ 3 62.15$ 3 63.71$
4 57.75$ 4 63.82$ 4 65.42$ 4 67.06$
5 60.79$ 5 67.18$ 5 68.86$ 5 70.59$ 12,235.60$ 146,827.20$
646 Non‐exempt NS HAZ MAT INSPECTOR 1 48.11$ 1 53.16$ 1 54.49$ 1 55.86$
2 50.64$ 2 55.96$ 2 57.36$ 2 58.80$
3 53.30$ 3 58.90$ 3 60.38$ 3 61.89$
4 56.10$ 4 62.00$ 4 63.56$ 4 65.15$
5 59.05$ 5 65.26$ 5 66.90$ 5 68.58$ 11,887.20$ 142,646.40$
647 Non‐exempt NS FIRE FIGHTER HAZ MAT 1 37.91$ 1 41.90$ 1 42.95$ 1 44.02$
2 39.91$ 2 44.11$ 2 45.21$ 2 46.34$
3 42.01$ 3 46.43$ 3 47.59$ 3 48.78$
4 44.22$ 4 48.87$ 4 50.09$ 4 51.35$
5 46.55$ 5 51.44$ 5 52.73$ 5 54.05$ 9,368.67$ 112,424.00$
650 Non‐exempt NS FIRE APPR OP HAZ MAT 1 40.54$ 1 44.80$ 1 45.92$ 1 47.07$
2 42.67$ 2 47.16$ 2 48.34$ 2 49.55$
3 44.92$ 3 49.64$ 3 50.88$ 3 52.16$
4 47.28$ 4 52.25$ 4 53.56$ 4 54.90$
5 49.77$ 5 55.00$ 5 56.38$ 5 57.79$ 10,016.93$ 120,203.20$
648 Non‐exempt NS FIRE CAPTAIN HAZ MAT 1 48.11$ 1 53.16$ 1 54.49$ 1 55.86$
2 50.64$ 2 55.96$ 2 57.36$ 2 58.80$
3 53.30$ 3 58.90$ 3 60.38$ 3 61.89$
4 56.10$ 4 62.00$ 4 63.56$ 4 65.15$
5 59.05$ 5 65.26$ 5 66.90$ 5 68.58$ 11,887.20$ 142,646.40$
Job
Code FLSA SH/NS Job Title
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
649 Non‐exempt NS FIRE FIGHTER EMT 1 37.20$ 1 41.11$ 1 42.14$ 1 43.21$
2 39.16$ 2 43.27$ 2 44.36$ 2 45.48$
3 41.22$ 3 45.55$ 3 46.69$ 3 47.87$
4 43.39$ 4 47.95$ 4 49.15$ 4 50.39$
5 45.67$ 5 50.47$ 5 51.74$ 5 53.04$ 9,193.60$ 110,323.20$
651 Non‐exempt NS FIRE FGHTR HZ MT EMT 1 39.02$ 1 43.10$ 1 44.18$ 1 45.30$
2 41.07$ 2 45.37$ 2 46.51$ 2 47.68$
3 43.23$ 3 47.76$ 3 48.96$ 3 50.19$
4 45.50$ 4 50.27$ 4 51.54$ 4 52.83$
5 47.89$ 5 52.92$ 5 54.25$ 5 55.61$ 9,639.07$ 115,668.80$
652 Non‐exempt NS FIRE APPARATUS OP EMT 1 39.78$ 1 43.96$ 1 45.04$ 1 46.19$
2 41.87$ 2 46.27$ 2 47.41$ 2 48.62$
3 44.07$ 3 48.70$ 3 49.91$ 3 51.18$
4 46.39$ 4 51.26$ 4 52.54$ 4 53.87$
5 48.83$ 5 53.96$ 5 55.31$ 5 56.70$ 9,828.00$ 117,936.00$
653 Non‐exempt NS FIRE AP OP HZ MT EMT 1 41.71$ 1 46.08$ 1 47.24$ 1 48.43$
2 43.90$ 2 48.51$ 2 49.73$ 2 50.98$
3 46.21$ 3 51.06$ 3 52.35$ 3 53.66$
4 48.64$ 4 53.75$ 4 55.10$ 4 56.48$
5 51.20$ 5 56.58$ 5 58.00$ 5 59.45$ 10,304.67$ 123,656.00$
655 Non‐exempt NS FIRE CAPTAIN EMT 1 47.20$ 1 52.16$ 1 53.47$ 1 54.81$
2 49.68$ 2 54.90$ 2 56.28$ 2 57.69$
3 52.29$ 3 57.79$ 3 59.24$ 3 60.73$
4 55.04$ 4 60.83$ 4 62.36$ 4 63.93$
5 57.94$ 5 64.03$ 5 65.64$ 5 67.29$ 11,663.60$ 139,963.20$
654 Non‐exempt NS FIRE CAP HAZ MAT EMT 1 49.48$ 1 54.66$ 1 56.04$ 1 57.44$
2 52.08$ 2 57.54$ 2 58.99$ 2 60.46$
3 54.82$ 3 60.57$ 3 62.09$ 3 63.64$
4 57.70$ 4 63.76$ 4 65.36$ 4 66.99$
5 60.74$ 5 67.12$ 5 68.80$ 5 70.52$ 12,223.47$ 146,681.60$
656 Non‐exempt NS FIRE INSPECTOR EMT 1 49.55$ 1 54.76$ 1 56.13$ 1 57.53$
2 52.16$ 2 57.64$ 2 59.08$ 2 60.56$
3 54.90$ 3 60.67$ 3 62.19$ 3 63.75$
4 57.79$ 4 63.86$ 4 65.46$ 4 67.11$
5 60.83$ 5 67.22$ 5 68.91$ 5 70.64$ 12,244.27$ 146,931.20$
Job
Code FLSA SH/NS Job Title
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
657 Non‐exempt NS F FGH PRDMD‐12.5 EMT 1 41.71$ 1 46.09$ 1 47.24$ 1 48.45$
2 43.91$ 2 48.52$ 2 49.73$ 2 51.00$
3 46.22$ 3 51.07$ 3 52.35$ 3 53.68$
4 48.65$ 4 53.76$ 4 55.11$ 4 56.50$
5 51.21$ 5 56.59$ 5 58.01$ 5 59.47$ 10,308.13$ 123,697.60$
658 Non‐exempt NS OPR PRMDC‐12.5 EMT 1 44.58$ 1 49.28$ 1 50.50$ 1 51.78$
2 46.93$ 2 51.87$ 2 53.16$ 2 54.50$
3 49.40$ 3 54.60$ 3 55.96$ 3 57.37$
4 52.00$ 4 57.47$ 4 58.91$ 4 60.39$
5 54.74$ 5 60.49$ 5 62.01$ 5 63.57$ 11,018.80$ 132,225.60$
697 Non‐exempt NS CAPT PRMDC‐12.5 EMT 1 52.92$ 1 58.48$ 1 59.95$ 1 61.46$
2 55.70$ 2 61.56$ 2 63.10$ 2 64.69$
3 58.63$ 3 64.80$ 3 66.42$ 3 68.09$
4 61.72$ 4 68.21$ 4 69.92$ 4 71.67$
5 64.97$ 5 71.80$ 5 73.60$ 5 75.44$ 13,076.27$ 156,915.20$
660 Non‐exempt NS HAZ MAT INSPECTOR EMT 1 49.55$ 1 54.76$ 1 56.13$ 1 57.53$
2 52.16$ 2 57.64$ 2 59.08$ 2 60.56$
3 54.90$ 3 60.67$ 3 62.19$ 3 63.75$
4 57.79$ 4 63.86$ 4 65.46$ 4 67.11$
5 60.83$ 5 67.22$ 5 68.91$ 5 70.64$ 12,244.27$ 146,931.20$
659 Non‐exempt NS HAZ MAT SPEC EMT 1 51.00$ 1 56.35$ 1 57.76$ 1 59.22$
2 53.68$ 2 59.32$ 2 60.80$ 2 62.34$
3 56.51$ 3 62.44$ 3 64.00$ 3 65.62$
4 59.48$ 4 65.73$ 4 67.37$ 4 69.07$
5 62.61$ 5 69.19$ 5 70.92$ 5 72.70$ 12,601.33$ 151,216.00$
673 Non‐exempt NS FIRE FGHTR EMT HAZ MT PARA 1 43.49$ 1 48.07$ 1 49.28$ 1 50.50$
2 45.78$ 2 50.60$ 2 51.87$ 2 53.16$
3 48.19$ 3 53.26$ 3 54.60$ 3 55.96$
4 50.73$ 4 56.06$ 4 57.47$ 4 58.91$
5 53.40$ 5 59.01$ 5 60.49$ 5 62.01$ 10,748.40$ 128,980.80$
674 Non‐exempt NS FIRE AP OP EMT HAZ MT PARA 1 46.52$ 1 51.40$ 1 52.71$ 1 54.02$
2 48.97$ 2 54.11$ 2 55.48$ 2 56.86$
3 51.55$ 3 56.96$ 3 58.40$ 3 59.85$
4 54.26$ 4 59.96$ 4 61.47$ 4 63.00$
5 57.12$ 5 63.12$ 5 64.70$ 5 66.32$ 11,495.47$ 137,945.60$
Job
Code FLSA SH/NS Job Title
Salary Effective
the pay period following
adoption
(7.5% Increase)
Salary Effective PP 2016‐14
(10.5% Increase)
Salary Effective
06/24/2017(2.5% Increase)
Salary Effective 12/23/2017(2.5% Increase)
IAFF Salary Schedule
662 Non‐exempt NS FIRE CPT EMT HAZ MT PARA 1 55.20$ 1 61.01$ 1 62.54$ 1 64.11$
2 58.11$ 2 64.22$ 2 65.83$ 2 67.48$
3 61.17$ 3 67.60$ 3 69.29$ 3 71.03$
4 64.39$ 4 71.16$ 4 72.94$ 4 74.77$
5 67.78$ 5 74.90$ 5 76.78$ 5 78.70$ 13,641.33$ 163,696.00$
Palo Alto Fire Chief's Association
Non-Shift
Job Code Classifications Grade Codes Hourly Rate Approx Monthly
Salary
Approx. Annual
Salary
018 Battalion Chief 40-hour workweek 28 $82.82 $14,355 $172,266
015 Battalion Chief EMT 40-hour workweek 28E $85.07 $14,745 $176,946
2019 Battalion Chief EMT, Training 40-hour workweek 28E $85.07 $14,745 $176,946
Shift
Job Code Classifications Grade Codes Approx Monthly
Salary
Approx. Annual
Salary
116 Battalion Chief 56-hour workweek 030 $56.34 $13,672 $164,062
016 Battalion Chief EMT 56-hour workweek 030E $57.89 $14,048 $168,576
Non-Shift
Job Code Classifications Grade Codes Hourly Rate Approx Monthly
Salary
Approx. Annual
Salary
018 Battalion Chief 40-hour workweek 28 $85.31 $14,787 $177,445
015 Battalion Chief EMT 40-hour workweek 28E $87.63 $15,189 $182,270
2019 Battalion Chief EMT, Training 40-hour workweek 28E $87.63 $15,189 $182,270
Shift
Job Code Classifications Grade Codes Approx Monthly
Salary
Approx. Annual
Salary
116 Battalion Chief 56-hour workweek 030 $58.04 $14,084 $169,012
016 Battalion Chief EMT 56-hour workweek 030E $59.63 $14,470 $173,643
Non-Shift
Job Code Classifications Grade Codes Hourly Rate Approx Monthly
Salary
Approx. Annual
Salary
018 Battalion Chief 40-hour workweek 28 $87.45 $15,158 $181,896
015 Battalion Chief EMT 40-hour workweek 28E $89.83 $15,571 $186,846
2019 Battalion Chief EMT, Training 40-hour workweek 28E $89.83 $15,571 $186,846
Shift
Job Code Classifications Grade Codes Approx Monthly
Salary
Approx. Annual
Salary
116 Battalion Chief 56-hour workweek 030 $59.50 $14,439 $173,264
016 Battalion Chief EMT 56-hour workweek 030E $61.13 $14,834 $178,011
Effective 12/23/2017 (2.5% Increase)
Effective 04/01/2017 (6.28% Increase)
Effective 04/01/2017 (6.28% Increase)
Effecitve 06/24/2017 (3% Increase)
Attachment B
JobCode FLSA Job Title
Step Rate Step Rate Step Rate Step Rate
Approx.
Monthly
Approx.
Annual
611 Non‐exempt Police Agent 1 44.01$ 1 46.08$ 1 47.24$ 1 48.43$
2 46.33$ 2 48.51$ 2 49.73$ 2 50.98$
3 48.77$ 3 51.06$ 3 52.35$ 3 53.66$
4 51.34$ 4 53.75$ 4 55.10$ 4 56.48$
5 54.04$ 5 56.58$ 5 58.00$ 5 59.45$ 10,304.67$ 123,656.00$
612 Non‐exempt Police Agent/Inter 1 46.28$ 1 48.47$ 1 49.68$ 1 50.92$
2 48.72$ 2 51.02$ 2 52.29$ 2 53.60$
3 51.28$ 3 53.70$ 3 55.04$ 3 56.42$
4 53.98$ 4 56.53$ 4 57.94$ 4 59.39$
5 56.82$ 5 59.50$ 5 60.99$ 5 62.52$ 10,836.80$ 130,041.60$
613 Non‐exempt Police Agent/Adv 1 47.27$ 1 49.50$ 1 50.74$ 1 52.01$
2 49.76$ 2 52.10$ 2 53.41$ 2 54.75$
3 52.38$ 3 54.84$ 3 56.22$ 3 57.63$
4 55.14$ 4 57.73$ 4 59.18$ 4 60.66$
5 58.04$ 5 60.77$ 5 62.29$ 5 63.85$ 11,067.33$ 132,808.00$
614 Non‐exempt Police Agent‐Bilingual 1 46.22$ 1 48.39$ 1 49.61$ 1 50.84$
2 48.65$ 2 50.94$ 2 52.22$ 2 53.52$
3 51.21$ 3 53.62$ 3 54.97$ 3 56.34$
4 53.90$ 4 56.44$ 4 57.86$ 4 59.31$
5 56.74$ 5 59.41$ 5 60.90$ 5 62.43$ 10,821.20$ 129,854.40$
615 Non‐exempt Police Agent/Inter‐Bilingual 1 48.62$ 1 50.90$ 1 52.18$ 1 53.49$
2 51.18$ 2 53.58$ 2 54.93$ 2 56.31$
3 53.87$ 3 56.40$ 3 57.82$ 3 59.27$
4 56.70$ 4 59.37$ 4 60.86$ 4 62.39$
5 59.68$ 5 62.49$ 5 64.06$ 5 65.67$ 11,382.80$ 136,593.60$
616 Non‐exempt Police Agent/Adv‐Bilingual 1 49.65$ 1 51.99$ 1 53.30$ 1 54.63$
2 52.26$ 2 54.73$ 2 56.10$ 2 57.50$
3 55.01$ 3 57.61$ 3 59.05$ 3 60.53$
4 57.91$ 4 60.64$ 4 62.16$ 4 63.72$
5 60.96$ 5 63.83$ 5 65.43$ 5 67.07$ 11,625.47$ 139,505.60$
Salary Effective
the pay period following
adoption
(6.94% Increase)
Salary Effective PP including
7/1/2016
(4.7% Increase)
Salary Effective PP including
7/1/2017
(2.5% Increase)
PAPOA Salary Schedule
Salary Effective PP including 12/31/2017
(2.5% Increase)
Attachment C
JobCode FLSA Job Title
Step Rate Step Rate Step Rate Step Rate
Approx.
Monthly
Approx.
Annual
Salary Effective
the pay period following
adoption
(6.94% Increase)
Salary Effective PP including
7/1/2016
(4.7% Increase)
Salary Effective PP including
7/1/2017
(2.5% Increase)
PAPOA Salary Schedule
Salary Effective PP including 12/31/2017
(2.5% Increase)
617 Non‐exempt Police Trainee‐Bilingual 1 42.70$ 1 44.71$ 1 45.83$ 1 46.98$
2 42.70$ 2 44.71$ 2 45.83$ 2 46.98$
3 42.70$ 3 44.71$ 3 45.83$ 3 46.98$
4 42.70$ 4 44.71$ 4 45.83$ 4 46.98$
5 42.70$ 5 44.71$ 5 45.83$ 5 46.98$ 8,143.20$ 97,718.40$
618 Non‐exempt Police Officer‐Bilingual 1 42.83$ 1 44.85$ 1 45.97$ 1 47.13$
2 45.08$ 2 47.21$ 2 48.39$ 2 49.61$
3 47.45$ 3 49.69$ 3 50.94$ 3 52.22$
4 49.95$ 4 52.31$ 4 53.62$ 4 54.97$
5 52.58$ 5 55.06$ 5 56.44$ 5 57.86$ 10,029.07$ 120,348.80$
619 Non‐exempt Police Officer‐Inter‐Bilingual 1 44.97$ 1 47.08$ 1 48.28$ 1 49.48$
2 47.34$ 2 49.56$ 2 50.82$ 2 52.08$
3 49.83$ 3 52.17$ 3 53.49$ 3 54.82$
4 52.45$ 4 54.92$ 4 56.30$ 4 57.71$
5 55.21$ 5 57.81$ 5 59.26$ 5 60.75$ 10,530.00$ 126,360.00$
620 Non‐exempt Police Trainee 1 40.68$ 1 42.60$ 1 43.67$ 1 44.77$
2 40.68$ 2 42.60$ 2 43.67$ 2 44.77$
3 40.68$ 3 42.60$ 3 43.67$ 3 44.77$
4 40.68$ 4 42.60$ 4 43.67$ 4 44.77$
5 40.68$ 5 42.60$ 5 43.67$ 5 44.77$ 7,760.13$ 93,121.60$
621 Non‐exempt Police Officer 1 40.80$ 1 42.72$ 1 43.80$ 1 44.89$
2 42.95$ 2 44.97$ 2 46.10$ 2 47.25$
3 45.21$ 3 47.34$ 3 48.53$ 3 49.74$
4 47.59$ 4 49.83$ 4 51.08$ 4 52.36$
5 50.09$ 5 52.45$ 5 53.77$ 5 55.12$ 9,554.13$ 114,649.60$
622 Non‐exempt Police Officer‐Inter 1 42.83$ 1 44.85$ 1 45.97$ 1 47.13$
2 45.08$ 2 47.21$ 2 48.39$ 2 49.61$
3 47.45$ 3 49.69$ 3 50.94$ 3 52.22$
4 49.95$ 4 52.31$ 4 53.62$ 4 54.97$
5 52.58$ 5 55.06$ 5 56.44$ 5 57.86$ 10,029.07$ 120,348.80$
JobCode FLSA Job Title
Step Rate Step Rate Step Rate Step Rate
Approx.
Monthly
Approx.
Annual
Salary Effective
the pay period following
adoption
(6.94% Increase)
Salary Effective PP including
7/1/2016
(4.7% Increase)
Salary Effective PP including
7/1/2017
(2.5% Increase)
PAPOA Salary Schedule
Salary Effective PP including 12/31/2017
(2.5% Increase)
623 Non‐exempt Police Officer‐Adv 1 43.77$ 1 45.83$ 1 46.98$ 1 48.15$
2 46.07$ 2 48.24$ 2 49.45$ 2 50.68$
3 48.49$ 3 50.78$ 3 52.05$ 3 53.35$
4 51.04$ 4 53.45$ 4 54.79$ 4 56.16$
5 53.73$ 5 56.26$ 5 57.67$ 5 59.12$ 10,247.47$ 122,969.60$
624 Non‐exempt Police Officer‐Adv‐Bilingual 1 45.96$ 1 48.13$ 1 49.33$ 1 50.58$
2 48.38$ 2 50.66$ 2 51.93$ 2 53.24$
3 50.93$ 3 53.33$ 3 54.66$ 3 56.04$
4 53.61$ 4 56.14$ 4 57.54$ 4 58.99$
5 56.43$ 5 59.09$ 5 60.57$ 5 62.09$ 10,762.27$ 129,147.20$
625 Non‐exempt Police Off Training‐Bilingual 1 42.83$ 1 44.85$ 1 45.97$ 1 47.13$
2 45.08$ 2 47.21$ 2 48.39$ 2 49.61$
3 47.45$ 3 49.69$ 3 50.94$ 3 52.22$
4 49.95$ 4 52.31$ 4 53.62$ 4 54.97$
5 52.58$ 5 55.06$ 5 56.44$ 5 57.86$ 10,029.07$ 120,348.80$
626 Non‐exempt Police Sergeant‐Bilingual 1 51.87$ 1 54.30$ 1 55.66$ 1 57.06$
2 54.60$ 2 57.16$ 2 58.59$ 2 60.06$
3 57.47$ 3 60.17$ 3 61.67$ 3 63.22$
4 60.49$ 4 63.34$ 4 64.92$ 4 66.55$
5 63.67$ 5 66.67$ 5 68.34$ 5 70.05$ 12,142.00$ 145,704.00$
627 Non‐exempt Police Off Training 1 40.80$ 1 42.72$ 1 43.80$ 1 44.89$
2 42.95$ 2 44.97$ 2 46.10$ 2 47.25$
3 45.21$ 3 47.34$ 3 48.53$ 3 49.74$
4 47.59$ 4 49.83$ 4 51.08$ 4 52.36$
5 50.09$ 5 52.45$ 5 53.77$ 5 55.12$ 9,554.13$ 114,649.60$
628 Non‐exempt Police Sgt/Inter‐Bilingual 1 54.57$ 1 57.13$ 1 58.57$ 1 60.03$
2 57.44$ 2 60.14$ 2 61.65$ 2 63.19$
3 60.46$ 3 63.30$ 3 64.89$ 3 66.52$
4 63.64$ 4 66.63$ 4 68.31$ 4 70.02$
5 66.99$ 5 70.14$ 5 71.90$ 5 73.70$ 12,774.67$ 153,296.00$
JobCode FLSA Job Title
Step Rate Step Rate Step Rate Step Rate
Approx.
Monthly
Approx.
Annual
Salary Effective
the pay period following
adoption
(6.94% Increase)
Salary Effective PP including
7/1/2016
(4.7% Increase)
Salary Effective PP including
7/1/2017
(2.5% Increase)
PAPOA Salary Schedule
Salary Effective PP including 12/31/2017
(2.5% Increase)
629 Non‐exempt Police Sgt/Adv‐Bilingual 1 55.80$ 1 58.42$ 1 59.89$ 1 61.39$
2 58.74$ 2 61.49$ 2 63.04$ 2 64.62$
3 61.83$ 3 64.73$ 3 66.36$ 3 68.02$
4 65.08$ 4 68.14$ 4 69.85$ 4 71.60$
5 68.51$ 5 71.73$ 5 73.53$ 5 75.37$ 13,064.13$ 156,769.60$
631 Non‐exempt Police Sergeant 1 49.38$ 1 51.71$ 1 53.00$ 1 54.33$
2 51.98$ 2 54.43$ 2 55.79$ 2 57.19$
3 54.72$ 3 57.29$ 3 58.73$ 3 60.20$
4 57.60$ 4 60.31$ 4 61.82$ 4 63.37$
5 60.63$ 5 63.48$ 5 65.07$ 5 66.70$ 11,561.33$ 138,736.00$
632 Non‐exempt Police Sgt/Inter 1 51.99$ 1 54.44$ 1 55.81$ 1 57.21$
2 54.73$ 2 57.31$ 2 58.75$ 2 60.22$
3 57.61$ 3 60.33$ 3 61.84$ 3 63.39$
4 60.64$ 4 63.50$ 4 65.09$ 4 66.73$
5 63.83$ 5 66.84$ 5 68.52$ 5 70.24$ 12,174.93$ 146,099.20$
633 Non‐exempt Police Sgt/Adv 1 53.16$ 1 55.65$ 1 57.05$ 1 58.48$
2 55.96$ 2 58.58$ 2 60.05$ 2 61.56$
3 58.90$ 3 61.66$ 3 63.21$ 3 64.80$
4 62.00$ 4 64.91$ 4 66.54$ 4 68.21$
5 65.26$ 5 68.33$ 5 70.04$ 5 71.80$ 12,445.33$ 149,344.00$
Effective upon ratification 5.5% Increase
Job Code FLSA Classification Title
Grade
Code
Min Hourly
Rate Mid Hourly Rate Max Hourly Rate
Approx Mid-Point
Monthly Salary Approx Mid-Point Annual Salary
147 Exempt Police Captain-Adv 023 67.50$ 84.37$ 101.25$ 14,624.00$ 175,490.00$
149 Exempt Police Liet-Adv 086 58.56$ 73.19$ 87.83$ 12,686.00$ 152,235.00$
Effective PP Including 06/30/2016 3% Increase
Job Code FLSA Classification Title
Grade
Code
Min Hourly
Rate Mid Hourly Rate Max Hourly Rate
Approx Mid-Point
Monthly Salary Approx Mid-Point Annual Salary
147 Exempt Police Captain-Adv 023 69.53$ 86.91$ 104.30$ 15,064.00$ 180,773.00$
149 Exempt Police Liet-Adv 086 60.32$ 75.39$ 90.47$ 13,068.00$ 156,811.00$
Effective PP Including 06/30/2017 3% Increase
Job Code FLSA Classification Title
Grade
Code
Min Hourly
Rate Mid Hourly Rate Max Hourly Rate
Approx Mid-Point
Monthly Salary Approx Mid-Point Annual Salary
147 Exempt Police Captain-Adv 023 71.62$ 89.52$ 107.43$ 15,517.00$ 186,202.00$
149 Exempt Police Liet-Adv 086 62.13$ 77.66$ 93.20$ 13,461.00$ 161,533.00$
Effective 12/23/2017 2.5% Increase
Job Code FLSA Classification Title
Grade
Code
Min Hourly
Rate Mid Hourly Rate Max Hourly Rate
Approx Mid-Point
Monthly Salary Approx Mid-Point Annual Salary
147 Exempt Police Captain-Adv 023 73.41$ 91.76$ 110.12$ 15,905.00$ 190,861.00$
149 Exempt Police Liet-Adv 086 63.69$ 79.61$ 95.54$ 13,799.00$ 165,589.00$
City of Palo Alto
Police Management Association Salary Schedule
Attachment D
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
December 11, 2017
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of and Ordinance of the Council of the
City Of Palo Alto Approving and Adopting Plans for the Highway 101
Bicycle and Pedestrian Bridge (FIRST READING: November 27, 2017
PASSED: 9-0)
This Ordinance was first heard by the City Council on Monday, November 27, 2017 and was
passed 9-0. It is now before the Council for a second reading. The approved motion is below.
MOTION AS AMENDED RESTATED: Vice Mayor Kniss moved, seconded by Council Member
DuBois to:
A. Adopt the Resolution Adopting the Draft Mitigated Negative Declaration including the
Mitigation Monitoring and Reporting Plan; and
B. Approve the Record of Land Use Action approving the proposed Site and Design
application based on the findings and subject to conditions of approval; and
C. Adopt the proposed Park Improvement Ordinance (PIO) for the design of the Highway
101 Pedestrian/Bicycle Overpass Capital Improvement Project (CIP; PE- 11011); and
D. Direct Staff to pursue other potential funding sources; and
E. Direct Staff to explore sponsorship opportunities.
MOTION AS AMENDED PASSED: 9-0
ATTACHMENTS:
Attachment A: Park Improvement Ordinance (PDF)
Department Head: Beth Minor, City Clerk
Page 2
*NOT YET APPROVED*
1
ORDINANCE NO. _____
Ordinance of the Council of the City Of Palo Alto Approving and
Adopting Plans for the Highway 101 Bicycle and Pedestrian Bridge
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. 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 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 Highway 101 Bicycle and Pedestrian Bridge Project is partially within the
Baylands, which is dedicated parkland, as described in Municipal Code Section 22.08.020.
(c) The City intends to approve and adopt the plan to construct the Highway
101 Bicycle and Pedestrian Bridge, as detailed in Exhibit “A” and as generally listed below:
1. Construction of three new self-weathering steel trusses spanning Highway 101, and
East and West Bayshore Roads, with safety railing.
2. Construction of cast-in-place concrete approach structures on east and west sides,
with safety railing.
3. Construction of a new 140-foot long, self-weathering prefabricated steel truss over the
Adobe and Barron Creeks confluence along West Bayshore Road.
4. Incorporation of a new pedestrian access ramp into the Western Approach Structure.
5. Construction of an overlook on the East Approach Structure.
6. Construction of three new trailheads/trail connections at West Bayshore Road, East
Meadow Drive and East Bayshore Road.
7. Installation of pole, rail and handrail light-emitting diode (LED) lighting along the
structure:
a) 15 Pole mounted lights containing 12-foot tall pole with field adjustable modules
on the western approach structure.
b) Integrated rail lights throughout the pathway including 74 higher mounting height
fixtures at the principal span and 141 lower mounting height fixtures at other
locations.
c) 15 rail mounted step lights, ten in-ground step lights at the curb, and a linear LED
light under the bench.
8. Removal and replacement of 28 trees with native trees in accordance with the City’s
Tree Technical Manual. Installation of vegetated swales.
9. Installation of enhanced amenities including bike racks and bike repair station,
benches, trash receptacle, and drinking water fountains.
10. Incorporation of signage including wayfinding, informational and educational signs.
11. Asphalt concrete, compacted gravel, and fencing on Adobe Creek Reach Trail.
12. Street lights replacement, widened sidewalk and mid-block access to trailheads.
*NOT YET APPROVED*
2
13. No lighting on the Adobe Creek Reach and Bay Trails.
SECTION 2. The Council hereby approves the Plan for construction of a new year-round,
grade-separated, shared bicycle and pedestrian crossing over Highway 101 and Adobe Creek
and hereby adopts the Plan attached hereto as Exhibit "A" as part of the official plan for the
construction of Highway 101 Bicycle and Pedestrian Bridge.
SECTION 3. The City Council has reviewed and adopted a Mitigated Negative
Declaration and a related Mitigation Monitoring and Reporting Program for this project by
Resolution No. _______ on ____________, 2017 prior to adoption of this ordinance. The
Mitigated Negative Declaration concluded that the project would not have a significant effect
on the environment with mitigation as proposed.
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
____________________________
Director of Administrative Services
HIGHWAY 101 MULTI-USE OVERCROSSING AND ADOBE CREEK REACH TRAIL | August 30, 2017 SITE PLAN
SITE PLAN – ABOVE-GRADE FACILITIES
Exhibit A - Site Plan
Cl rv OF
PALO
ALTO
Date:
To:
From:
Subject:
Memorandum
Office of the City Attorney
City of Palo Alto
December 4, 2017
Honorable City Council
Molly Stump, City Attorney
Tim Shimizu, Deputy City Attorney
Consent Agenda Item #13 (Park Improvement Ordinance -Baylands)
#13
The title of this ordinance has been amended under the authority of Municipal Code
section 2.04.270 to better identify it as a Park Improvement Ordinance for the Baylands. As
the Council is aware, Park Improvement Ordinances are required under the Palo Alto Municipal
Code when substantial building, construction, reconstruction or development are commenced
or approved in dedicated parklands. See Municipal Code section 22.08.005. Besides the title,
the rest of the ordinance is unchanged from its first reading on November 27, 2017.
·~ /
M~lystufl1P
City Attorney
*NOT YET APPROVED*
ORDINANCE NO.
Ordinance of the Council of the City Of Palo Alto Approving and
Adopting Plans for Park Improvements to the Baylands Related to the
101 Bicycle and Pedestrian Bridge
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. 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 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 Highway 101 Bicycle and Pedestrian Bridge Project is partially within the
Baylands, which is dedicated parkland, as described in Municipal Code Section 22.08.020.
(c) The City intends to approve and adopt the plan to construct the Highway
101 Bicycle and Pedestrian Bridge, as detailed in Exhibit "A" and as generally listed below:
1. Construction of three new self-weathering steel trusses spanning Highway 101, and
East and .West Bayshore Roads, with safety railing.
2. Construction of cast-in-place concrete approach structures on east and west sides,
with safety railing.
3. Construction of a new 140-foot long, self-weathering prefabricated steel truss over the
Adobe and Barron Creeks confluence along West Bayshore Road.
4. Incorporation of a new pedestrian access ramp into the Western Approach Structure.
5. Construction of an overlook on the East Approach Structure.
6. Construction of three new trailheads/trail connections at West Bayshore Road, East
Meadow Drive and East Bayshore Road.
7. Installation of pole, -rail and handrail light-emitting diode (LED) lighting along the
structure:
a) 15 Pole mounted lights containing 12-foot tall pole with field adjustable modules
on the western approach structure.
b) Integrated rail lights throughout the pathway including 74 higher mounting height
fixtures at the principal span and 141 lower mounting height fixtures at other
locations.
c) 15 rail mounted step lights, ten in-ground step lights at the curb, and a linear LED
light under the bench.
8. Removal and replacement of 28 trees with native trees in accordance with the City's
Tree Technical Manual. Installation of vegetated swales.
9. Installation of enhanced amenities including bike racks and bike repair station,
benches, trash receptacle, and drinking water fountains.
10. Incorporation of signage including wayfinding, informational and educational signs.
11. Asphalt concrete, compacted gravel, and fencing on Adobe Creek Reach Trail.
1
*NOT YET APPROVED*
12. Street lights replacement, widened sidewalk and mid-block access to trailheads.
13. No lighting on the Adobe Creek Reach and Bay Trails.
SECTION 2. The Council hereby approves the Plan for construction of a new year-round,
grade-separated, shared bicycle and pedestrian crossing over Highway 101 and Adobe Creek
and hereby adopts the Plan attached hereto as Exhibit "A" as part of the official plan for the
construction of Highway 101 Bicycle and Pedestrian Bridge.
SECTION 3. The City Council has reviewed and adopted a Mitigated Negative
Declaration and a related Mitigation Monitoring and Reporting Program for this project by
Resolution No. on 2017 prior to adoption of this ordinance. The
Mitigated Negative Declaration concluded that the project would not have a significant effect
on the environment with mitigation as proposed.
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
Director of Administrative Services
2
SITE PLAN -ABOVE-GRADE FACILITIES
NOTES:
1. FOR GRADING DETAILS, SEE CONSTRUCTION DETAIL SHEETS.
2. FOR DRAIN.t.GE IMl'ROVEMENTS, SEE CONSTRUCTION DETAIL SHEETS.
3. FOR BRIOCiE DETAILS, SEE STRUCTURAL PLANS.
4. EXISTING EASEMENT RIGHTS ARE HOT ILLUSTRATED AS THESE RIGHTS AND BOUNDARIES ARE STILL BEING INVESTIGATED.
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CITY OF PALO ALTO OFFICE OF THE CITY CLERK
December 11, 2017
The Honorable City Council
Palo Alto, California
Adoption of an Ordinance Amending Chapters 2.16 (Boards and
Commissions Generally), 2.18 (Public Art Commission), 2.20 (Planning
and Transportation Commission), 2.21 (Architectural Review Board),
2.22 (Human Relations Commission), 2.24 (Library Advisory
Commission) and 2.25 (Parks and Recreation Commission) of Title 2
(Administrative Code) of the Palo Alto Municipal Code to Modify the
Start of Terms on the Boards and Commissions, and accompanying
Code Cleanup in Chapters 2.22 and 2.25
Recommendation
Staff recommends the City Council adopt an Ordinance (Attachment A) to:
1.Realign terms on the Architectural Review Board, the Parks and Recreation
Commission, and the Planning and Transportation Commission to end on May 31
of various years;
2.Realign terms on the Human Relations Commission, the Library Advisory
Commission, and the Public Art Commission to end on December 15 of various
years;
3.Remove the requirement that the election of the Planning & Transportation
Commission chairperson and vice chairperson occur in November;
4.Add “gender identity” to the Human Relations Commission’s jurisdiction;
5.Update the Human Relations Commission ordinance to reflect gender neutral
language; and
6.Update the Parks and Recreation Commission ordinance to reflect name changes
in Community Services Department divisions.
Discussion
On September 20, 2017, the Policy and Services Committee discussed various changes
to the Municipal Code relating to Boards and Commissions. The associated Staff Report
is included as Attachment B. The meeting transcript is included as Attachment C.
The discussion included realigning the term end dates for several Boards and
Page 2
Commissions to move appointments to the Architectural Review Board, the Parks &
Recreation Commission, and the Planning & Transportation Commission to the spring
recruitment period and away from Council Member elections, which are regularly
scheduled in November of even-numbered years. The timing of the spring recruitment
schedules interviews in April, prior to the Finance Committee’s annual review of the
budget, and allows experienced Planning and Transportation Commissioners to review
the Proposed Capital Improvement Plan prior to new Commissioner terms beginning on
June 1 of various years.
The Policy and Services Committee recommended adoption of additional Staff
recommendations including removing the requirement that the Planning and
Transportation Commission Chair and Vice Chair are elected in November of each year;
adding “gender identity” to the jurisdiction of the Human Relations Commission, in line
with Resolution 9653; updating Human Relations Commission language to reflect
gender neutral language; and updating the Parks and Recreations Commission
language to reflect name changes in Community Services Department divisions.
The Policy and Services Committee also discussed the process and procedures for
making appointments to unscheduled vacant terms on Boards and Commissions. The
Committee did not recommend any changes to the process or procedures.
Staff prepared an Ordinance (Attachment A) to align with the following
recommendation from the Policy and Services Committee:
MOTION: Council Member DuBois moved, seconded by Vice Mayor Kniss to
recommend the City Council adopt an Ordinance to:
A. Keep two recruitment periods, with the Library Advisory Commission, the
Human Relations Commission, the Public Art Commission, and the Historic
Resources Board being held in September/October; and the Architectural
Review Board, the Parks & Recreation Commission, the Planning &
Transportation Commission, and Utilities Advisory Commission being held
in January/February; and
B. Remove the requirement that the election of the Planning &
Transportation Commission chairperson and vice chairperson occur in
November; and
C. Add, “gender identity” to the Human Relations Commission’s jurisdiction;
and
D. Update Human Relations Commission language to include gender neutral
language; and
Page 3
E. Update Parks and Recreation Commission language to reflect name
changes in Community Services Department divisions; and
F. To leave the process of appointing unscheduled vacancies as it currently
stands.
MOTION AS AMENDED PASSED: 4-0
Previously, on September 9, 2013, Council adopted Ordinance 5208 realigning terms of
Boards and Commissions to create a biennial recruitment process, with terms of each
body aligning with either a spring or fall recruitment. Terms included in spring
recruitments expired on April 30 of various years and terms included in fall recruitments
expired on October 31 of various years.
On March 9, 2015, Council adopted Ordinance 5311 realigning terms associated with
fall recruitments to expire on December 15 of various years. This change was initiated
to separate fall recruitments from the Council Member election cycle.
On October 19, 2015, Council adopted Ordinance 5354 realigned terms associated with
fall recruitments to expire on May 31 of various years. This change was initiated to
allow experienced Utilities Advisory Commissioners to review the Utilities Department
budget.
Resource Impact
These recommendations are not expected to have any significant resource impacts
going forward, as the net amount of recruitment activity will remain the same.
Policy Implications
These recommendations are intended to improve upon outdated or unnecessary
language in the ordinances concerning the city’s Boards and Commissions; support the
goals of Resolution 9653 concerning Palo Alto’s commitment to a diverse, supportive,
inclusive, and protective community; and minimize conflict between board and
committee recruitment and other city priorities such as Council Member elections and
budget adoption.
Environmental Review
Approval of changes to the timing of recruitment for Boards and Commissions is not a
project subject to review under the California Environmental Quality Act.
ATTACHMENTS:
Attachment A: Ordinance Re-aligning Terms on Various Boards and Commissions; and Other
Board and Commission Changes (DOCX)
Page 4
Attachment B: September 20, 2017 Policy and Services Committee Staff Report (PDF)
Attachment C: September 20, 2017 Policy and Services Committee Meeting Excerpt
Transcript (DOC)
Department Head: Beth Minor, City Clerk
Page 5
Not Yet Approved
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapters 2.16
(Boards and Commissions Generally), 2.18 (Public Art Commission), 2.20
(Planning and Transportation Commission), 2.21 (Architectural Review Board),
2.22 (Human Relations Commission), 2.24 (Library Advisory Commission) and
2.25 (Parks and Recreation Commission) of Title 2 (Administrative Code) of the
Palo Alto Municipal Code to Modify the Start of Terms on the Boards and
Commissions, and accompanying Code Cleanup in Chapters 2.22 and 2.25.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 2.16.070 (Schedule of Appointments) of Chapter 2.16 (Boards
and Commissions Generally) of the Palo Alto Municipal Code is hereby amended to read as
follows:
2.16.070 Schedule of appointments.
(a) The City Council shall review applicationsRecruitment shall begin in January or February
to fill vacancies in the following boards and commissions for terms expiring in May of each year:
(1) Human Relations Commission (Chapter 2.22)Architectural Review Board (Chapter 2.21)
(2) Library Advisory Commission (Chapter 2.24)Parks and Recreation Commission (Chapter
2.25)
(3) Public Art Commission (Chapter 2.18)Planning and Transportation Commission (Chapter
2.20)
(4) Utilities Advisory Commission (Chapter 2.23)
(b) The City Council shall review applicationsRecruitment shall begin in September or
October to fill vacancies in the following boards and commissions for terms expiring in
December of each year:
(1) Architectural Review Board (Chapter 2.21)Historic Resources Board (Chapter 2.27)
(2) Historic Resources Board (Chapter 2.27)Human Relations Commission (Chapter 2.22)
(3) Parks and Recreation Commission (Chapter 2.25)Library Advisory Commission (Chapter
2.24)
(4) Planning and Transportation Commission (Chapter 2.20)Public Art Commission (Chapter
2.18)
(c) The City Council shall fill vacancies in all other boards and commissions in May or
December of each yearaccordance with the schedules in subsection (a) or (b) above, at its
discretion.
(d) 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 2. Section 2.18.040 (Term of Office) of Chapter 2.18 (Public Art
Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
2.18.040 Term of office.
Not Yet Approved
2
Terms of office on the Public Art Commission shall be three years. Commission
appointments shall be staggered so that three (3) members are appointed in 2018 and every
three years thereafter, and four (4) members are appointed in 2017 and every three years
thereafter. Effective January 1, 2016March 1, 2018, terms of office due to expire on April
30May 31 of each year shall be extended to expire on May 31December 15 of the same year,
and thereafter terms of office shall commence on the firstsixteenth day of JuneDecember. If a
successor is unavailable, a member may remain in office until his or her successor is appointed.
SECTION 3. Section 2.20.020 (Term of Office) of Chapter 2.20 (Planning and
Transportation Commission) of the Palo Alto Municipal Code is hereby amended to read as
follows:
2.20.020 Term of office.
Terms of office on the Planning and Transportation Commission shall be four years.
Effective January 1, 2016March 1, 2018, terms of office due to expire on October 31December
15 of each year shall be extended to expire on December 15May 31 of the samefollowing year,
and thereafter terms of office shall commence on the sixteenthfirst day of DecemberJune. If a
successor is unavailable, a member may remain in office until his or her successor is appointed.
SECTION 4. Section 2.20.030 (Officers) of Chapter 2.20 (Planning and
Transportation Commission) of the Palo Alto Municipal Code is hereby amended to read as
follows:
2.20.030 Officers.
The commission shall elect its officers annually at the first meeting in November.
The commission shall elect a chairperson and a vice chairperson from its membership. The
chairperson and vice chairperson shall hold office for one year, or until a successor is elected,
unless his or her term as a member of the commission expires earlier.
SECTION 5. Section 2.21.025 (Term of Office) of Chapter 2.21 (Architectural Review
Board) of the Palo Alto Municipal Code is hereby amended to read as follows:
2.21.025 Term of office.
Terms of office on the Architectural Review Board shall be three years. Effective
January 1, 2016March 1, 2018, the terms of office due to expire on October 31December 15 of
each year shall be extended to expire on December 15May 31 of the same following year, and
thereafter terms of office shall commence on the sixteenthfirst day of DecemberJune. If a
successor is unavailable, a member may remain in office until his or her successor is appointed.
SECTION 6. Section 2.22.020 (Term of Office) of Chapter 2.22 (Human Relations
Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
2.22.020 Term of office.
Not Yet Approved
3
Terms of office on the Human Relations Commission shall be three years. Effective
January 1, 2016March 1, 2018, terms of office due to expire on April 30May 31 of each year
shall be extended to expire on May 31December 15 of the same year, and thereafter terms of
office shall commence on the firstsixteenth day of JuneDecember. If a successor is unavailable,
a member may remain in office until his or her successor is appointed.
SECTION 7. Section 2.22.030 (Officers, Meetings, and Procedures) of Chapter 2.22
(Human Relations Commission) of the Palo Alto Municipal Code is hereby amended to read as
follows:
2.22.030 Officers, meetings and procedures.
(a) The commission shall elect one of its members chairmanchairperson who shall hold office
for one year and until his successor is elected unless his term as a member of the commission
sooner expires.
(b) The commission shall establish a regular time and place of meeting and shall hold at least
one regular meeting a month. Special meetings may be called by the chairmanchairperson or by
any four members of the commission upon personal notice being given to all members or by
written notice being mailed to each member twenty-four hours prior to such meeting unless
such notice requirement is waived in writing.
(c) Four of the seven members shall constitute a quorum and the affirmative votes of four
members are required to take any action.
(d) The commission may establish task forces for advisory and investigative purposes. The
commission shall, by majority vote, appoint members of task forces, such task force members
to be approved by the mayor. Members of the commission may be appointed as members of a
task force.
SECTION 8. Section 2.22.050 (Jurisdiction) of Chapter 2.22 (Human Relations
Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
2.22.050 Jurisdiction.
(a) The human relations commission has the discretion to act with respect to any human
relations matter when the commission finds that any person or group does not benefit fully
from public or private opportunities or resources in the community, or is unfairly or differently
treated due to factors of concern to the commission.
(1) Public or private opportunities or resources in the community include, but are not limited
to, those associated with ownership and rental of housing, employment, education and
governmental services and benefits.
(2) Factors of concern to the commission include, but are not limited to, socioeconomic class
or status, physical condition or handicap, married or unmarried state, emotional condition,
intellectual ability, age, sex, sexual preference, gender identity, race, cultural characteristics,
ethnic background, ancestry, citizenship, and religious, conscientious or philosophical belief.
(b) The commission shall conduct such studies and undertake such responsibilities as the
council may direct.
Not Yet Approved
4
SECTION 9. Section 2.24.030 (Term of Office) of Chapter 2.24 (Library Advisory
Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
2.24.030 Term of office.
Terms of office on the Library Advisory Commission shall be three years.
Commission appointments shall be staggered so that two (2) members are appointed in 2013
and every three years thereafter, and three (3) members are appointed in 2014 and every three
years thereafter. Effective January 1, 2016March 1, 2018, terms of office due to expire on April
30May 31 of each year shall be extended to expire on May 31December 15 of the same year,
and thereafter terms of office shall commence on the firstsixteenth day of JuneDecember. If a
successor is unavailable, a member may remain in office until his or her successor is appointed.
SECTION 10. Section 2.25.030 (Term of Office) of Chapter 2.25 (Parks and
Recreation Commission) of the Palo Alto Municipal Code is hereby amended to read 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,
2016March 1, 2018, terms of office due to expire on October 31December 15 of each year shall
be lengthened to expire on December 15May 31 of the samefollowing year, and thereafter
terms of office shall commence on the sixteenthfirst day of DecemberJune. If a successor is
unavailable, a member may remain in office until his or her successor is appointed.
SECTION 11. Section 2.25.050 (Purposes and Duties) of Chapter 2.25 (Parks and
Recreation Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
2.25.050 Purpose and duties.
(a) The purpose of the parks and recreation commission shall be to advise the city council on
matters relating to the activities of the open space, parks and golf division and the recreation,
open space and sciences division of the community services department, excluding daily
administrative operations.
(b) The commission shall have the following duties:
(1) Advise the city council on planning and policy matters pertaining to:
(A) The goals of and the services provided by the open space, parks and golf division and the
recreation, open space and sciences division of the community services department.
(B) The future delivery of services by the open space, parks and golf division and the
recreation, open space and sciences division of the community services department.
(C) The city manager's recommendations pertaining to the disposition of major gifts of
money, personal property and real property to the city to be used for open space, parks, golf,
science, open space and recreation activities.
Not Yet Approved
5
(D) The construction and renovation of capital facilities of the open space, parks and golf
division and the recreation, open space and sciences division of the community services
department.
(E) Joint action projects with other public or private parks, open space and recreation
entities.
(2) Review state legislative proposals that may affect the operation of the open space, parks
and golf division and recreation, open space and sciences division of the community services
department.
(3) Review the city manager's proposed budget for capital improvements and operations
relating to the open space, parks and golf division and recreation, open space and sciences
division of the community services department, and thereafter forward any comments to one
or more of the applicable committees of the city council.
(4) Provide advice upon such other matters as the city council may from time to time assign.
(5) Receive community input concerning parks, open space and recreation activities.
(6) Review and comment on fund-raising efforts on behalf of the open space, parks and golf
division and recreation, open space and sciences division of the community services
department.
The parks and recreation commission shall not have the power or authority to cause the
expenditure of city funds or to bind the city to any written or implied contract.
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 this ordinance is exempt from the provisions of
the California Environmental Quality Act (“CEQA”), because it concerns organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment and, thus, is not a project under Section 15378 of the CEQA
Guidelines.
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Not Yet Approved
6
SECTION 14. This ordinance shall be effective on the thirty-first day after the date
of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Administrative
Services
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 20, 2017
The Honorable City Council
Palo Alto, California
Discussion of Re-aligning Terms on the Architectural Review Board,
the Historic Resources Board, the Parks & Recreation Commission, and
the Planning & Transportation Commission and Other Board and
Commission Changes
Recommendation
Staff recommends that the Policy and Services Committee recommend the City Council
adopt an Ordinance to:
1. Extend fall term end dates on the Architectural Review Board, the Historic
Resources Board, the Parks & Recreation Commission, and the Planning &
Transportation Commission to May 31 to create an annual Spring Board and
Commission recruitment for all regularly-scheduled Board and Commission
vacancies. Terms currently scheduled to expire in December 2017 would be
extended to May 2018;
2. Remove the requirement that the election of the Planning & Transportation
Commission chairperson and vice chairperson occur in November;
3. Add, “gender identity” to the Human Relations Commission’s jurisdiction;
4. Update Human Relations Commission language to include gender neutral
language; and
5. Update Parks and Recreation Commission language to reflect name changes in
Community Services Department divisions.
Staff further recommends the Policy and Services Committee discuss and potentially
provide additional direction addressing unscheduled Board and Commission vacancies.
Staff proposes that the next step is to prepare an Ordinance reflecting the Committee’s
direction on these matters for Council review and adoption in October.
Discussion
1. Extending Board and Commission Terms
Currently, half of the City commissions have terms that end May 31 (Library
Commission, Human Relations Commission, Public Art Commission and Utilities Advisory
Commission), while the other half (Architectural Review Board, the Historic Resources
Board, the Parks & Recreation Commission, and the Planning & Transportation) end on
December 15. To fill regularly-scheduled vacancies, the Clerk’s Office conducts
Page 2
recruitments and schedules Council interviews two times each year, in April/May and
November/December.
Staff proposes adjusting commission terms so that all regular terms end on May 31.
Terms currently scheduled to expire in December 2017 would be extended to
May 2018. There are several reasons for this recommendation.
First, aligning term end dates of the Architectural Review Board, the Historic Resources
Board, the Parks & Recreation Commission, and the Planning & Transportation to
coincide with those of other Boards and Commissions would move the recruitment
process away from Council Member elections, which are regularly scheduled in
November of even-numbered years.
With Board and Commission terms for all City Boards and Commissions ending May 31,
City Council interviews with applicants could be scheduled in April, prior to the Finance
Committee Budget Hearings typically scheduled in May. This would allow newly elected
Council Members four months to become more familiar with their new role serving the
community and the roles of each Board and Commission.
Second, similar to the Utilities Advisory Commission’s review of the Utilities Department
budget, the Planning and Transportation Commission reviews the Proposed Capital
Improvement Plan prior to the Finance Committee’s review each May. This proposed
term change would ensure that experienced Planning and Transportation
Commissioners participate in this review, rather than asking new Commissioners, with
only a few meetings of experience, to perform this duty.
Third, given the number of applications the City is likely to receive with a combined
recruitment, two nights of applicant interviews may be necessary. If needed, providing
two dates for interviews would likely increase the chance each applicant is able to
participate in the interview process.
2. Planning and Transportation Commission Election
The Planning and Transportation Commission (PTC) elects a chairperson and
vice chairperson each November. The PTC is the only commission where a date for
election of officers is specified in the Municipal Code. Resignations and other
unscheduled vacancies on the PTC can occur at any time. The current requirement that
PTC elections occur in November can prevent the PTC from having a full leadership
team if the chairperson or vice chairperson resigns any time other than November.
Removing this requirement would give the PTC flexibility to schedule officer elections as
needed to meet the Commission’s needs, in the same manner as all the other
Commissions.
3. Addition to Human Relations Commission Jurisdiction
In December 2016, the City Council adopted Resolution 9653, reaffirming the City’s
Page 3
commitment to a diverse, supportive, inclusive, and protective community. Adding
“gender identity” to the jurisdiction of the Human Relations Commission (HRC) will
clarify the HRC’s role in supporting community members’ gender identity.
4. Removal of Human Relations Commission Gendered Language
In line with Recommendation 3 to add “gender identity” to the HRC’s jurisdiction, Staff
recommends terms such as “chairman” in the HRC portion of the Municipal Code be
replaced with gender neutral terms such as “chairperson.”
5. Update Community Services Division Names
The Municipal Code Section pertaining to the Purpose and Duties of the Parks and
Recreation Commission contains references to old Community Services Department
division names. Staff recommends updating these references to reflect the current
names of each division.
Unscheduled Vacancies on Boards and Commissions
Resignations by Board and Commission Members and other scenarios occasionally
create unscheduled vacancies on Boards and Commissions. Municipal Code Section
2.16.070 provides the City Council the option of including an unscheduled vacancy in
the next scheduled recruitment or directing Staff to conduct a special recruitment to fill
the unscheduled vacancy. Either waiting until the next scheduled recruitment or
conducting a special recruitment can lead to positions remaining vacant for an extended
period.
Staff suggests the Policy and Services Committee consider the following options for a
potential recommendation to the City Council as alternative methods to make
appointments to unscheduled vacant terms:
A. Applications for consideration:
i. Staff could continue the current process of conducting a new recruitment
and these applications alone would be considered for possible interview
and appointment;
ii. Staff could bring forward applications for the respective body who were
not appointed during the previous recruitment, and who remain interested
in serving, for potential appointment; or
iii. Staff could also include any applications received since the close of the
last recruitment for potential appointment.
B. Interviews:
i. Staff could continue the current process of scheduling new interviews for
all applicants; or
ii. Staff could schedule interviews only for those not previously interviewed.
Page 4
C. Manner of appointment:
i. Council could continue the current process of reviewing applications,
conducting interviews and making all appointments, including to fill
unscheduled vacancies, by vote of the entire Council.
ii. Could authorize the Mayor to review applications, conduct interviews and
make appointments to unscheduled vacant positions;
iii. Council could create a Council ad hoc committee that would review
applications, interview applicants and make appointment
recommendations to the full Council, for the unscheduled vacancies.
Background
On September 9, 2013, Council adopted Ordinance 5208 realigning terms of Boards and
Commissions to create a biennial recruitment process, with terms of each body aligning
with either a spring or fall recruitment. Terms included in spring recruitments expired
on April 30 of various years and terms included in fall recruitments expired on October
31 of various years.
On March 9, 2015, Council adopted Ordinance 5311 realigning terms associated with
fall recruitments to expire on December 15 of various years. This change was initiated
to separate fall recruitments from the Council Member election cycle.
On October 19, 2015, Council adopted Ordinance 5354 realigned terms associated with
fall recruitments to expire on May 31 of various years. This change was initiated to
allow experienced Utilities Advisory Commissioners to review the Utilities Department
budget.
Department Head: Beth Minor, City Clerk
POLICY AND SERVICES COMMITTEE
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Special Meeting Council
September 20, 2017
Chairperson Wolbach called the meeting to order at 6:02 P.M. in the
Community Meeting Room, 250 Hamilton Avenue, Palo Alto, California.
Present: DuBois, Kniss, Kou, Wolbach (Chair)
Absent:
Oral Communications
None.
Agenda Items
1. Discussion of Re-aligning Terms on the Architectural Review Board, the
Historic Resources Board, the Parks & Recreation Commission, and the
Planning & Transportation Commission and Other Board and
Commission Changes.
Chair Wolbach: Excellent, thank you, everybody. The first four items on the
agenda this evening is discussion of re-aligning terms on the Architectural
Review Board, Historic Resources Board, the Parks, and Recreation
Commission and the Planning and Transportation Commission and other
Board and Commission changes. Is there a Staff presentation on this at all?
Beth Minor, City Clerk: There’s no PowerPoint presentation, there’s just a –
we were going to walk through it a little bit. The report itself is pretty
explanatory and what we’re doing is we’re asking two re-align several
Boards so that they are now in the spring rather than the winter time. As
they fall now, they fall during an election time and there’s an issue with
outgoing Council Members voting in new Board and Commission Members.
So, we’re asking that the fall ones be moved to a spring recruitment and
then there are several other municipal code changes that we’d like to do that
just cleans up the municipal code. Then finally was the discussion on doing
the interviews and maybe changing the way that it’s done. The way Council
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does it now is you want to interview all applicants and sometimes that can
be a long night or several nights depending on how many are being
interviewed because PTC are fifteen minutes and the other are ten minutes
so it could be a three or four-hour night. So, we were suggesting maybe
having a discussion on different manners of interviewing or recruiting or
appointments.
Chair Wolbach: Ok, so a bit of an open discussion and it looks like on – for
those of you who haven’t seen it, on page three of the Staff report, packet
page four, there are those additional considerations. Parts A, B, and C about
applications, interviews, and manner of appointment. Great, ok, so does
Staff want to – you said you were suggesting walking us through this. We
can go through it piece by piece. I don’t know if Rob or the City Clerk Office
would like to go through this but we would be happy to follow along. Maybe
go through it and we’ll get a sense of the Committee and the make motions
at the end.
David Carnahan, Deputy City Clerk: Sound’s good, thank you, Chair
Wolbach. David Carnahan, Deputy City Clerk, so we have a – first a five-part
recommendation. The first part is sort of the meatiest bit and that is re-
aligning the end term – end times for the fall Board and Commission
recruitment for those terms that end currently December 15th. Historically
those ended in October. We had, as you at the end of the Staff report, some
challenges with – during elections where we had a candidate who was
running for Council also apply for Board and Commission, which lead us to
making appointments later in the year after the election had taken place. We
then moved those terms to December and then through another election
period we had the challenge where Council Member’s whose terms were up
were making appointments just at the end of the term and new Council
Members weren’t able to participate in that process.
Chair Wolbach: (Inaudible)
Mr. Carnahan: Yes, and so the thinking here is to move it to the spring when
we do our other Board and Commission recruitment. It saves a little bit of
Staff work but it also allows new Council Members a few months to get a
little more familiar with their roles supporting the community. They can
become a little more familiar with any Boards and Commissions that they
are not already familiar with. It just kind of removes it from the election
cycle to make the appointments less political.
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Ms. Minor: Can I jump in a minute? The – one of the reasons we’re looking
at making some of the changes to the manner of appointment. When we go
to one large recruitment in the spring, if Council decided to interview for all
the candidates for them, it would take several nights to do all the interviews
since we’re not only having one recruitment a year.
Mr. Carnahan: Yeah so that will be a part of the discussion too is when
Council decided who they want to interview, perhaps there’s the option --
during that step Council – perhaps Council might want to select fewer than
all of the applicants to interview. That, of course, could change from
recruitment to recruitment and if we get 40 people for one position, you
might not want to interview all 40. The second part of the recommendation
is to remove the requirement in the municipal code that the Planning and
Transportation Chair and Vice Chair are appointed in November. This can be
problematic if their resignations on the body so they – per the municipal
code, it’s hard for them to make an appointment in December if their Chair
resigns in November. So, by removing the requirement, the Planning and
Transportation would be functionally similar to the other Boards and
Commissions where their by-laws that are practiced will allow them to elect
their Chair and Vice Chair as – once per year but at the time that works for
them. Yeah, as needed. Then number three, adding gender identity to the
jurisdiction of the Human Relations Commission. This recommendation
comes as a following with Council’s December resolution. Supporting an
inclusive community and that gender identity was one of the characteristics
that resolution contained but is lacking in the Human Relations Commission’s
jurisdiction. Not only is it a good value for the City to support but the Human
Relations Commission is charged with helping support that resolution so
aligning the resolution and the municipal code charged for the Human
Relations Commission helps them move forward in supporting the resolution.
Then, kind of aligned with that, in the Human Relations Commission portion
of the municipal code, terms such as Chairmen are still used and the intent
is to use gender natural languages such as Chairperson and Vice
Chairperson. Then fifth, the Parks and Recreation Commission portion of the
municipal code references bold names of division in community services
which has done some reorganizational overtime to better suit the needs to
the community. We just want to make that the municipal code matches the
organizational structure of the department. Those are our recommendations
and then we have this whole idea of both when we do our regular scheduled
recruitment, should everybody be interviewed, and does Council have any
thoughts on how we currently operate? Then in particular, when we have
unscheduled vacancies, the current practice is we come to Council with
either a recommendation to initiate a special recruitment or roll the vacancy
into the next recruitment cycle. We’ve provided a few different options that
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are ideas to get you started on whether do we want to continue that process
– that practice or perhaps come up with something different such as just
considering people that have already been interviewed in the last
recruitment cycle but were not appointed. We could also include applications
for anyone who has applied since the last recruitment and so really that –
those would be a couple alternatives on who would be included in a special
appointment to an unscheduled vacant term. Then sort of on interviews, if
you are making an unscheduled – an appointment to an unscheduled
vacancy, would interview – would you re-interview people, would you
interview people that have applied since the last recruitment that have not
had an opportunity to interview with Council? Then sort of the third
component of this would be the manner of appointment so would it – we
continue the practice of the full Council making the appointment. Another
idea would be something that some Cities do where the Mayor makes
appointments to unscheduled vacancies or Boards and Commissions or that
Council could create an Ad Hoc Committee. You know sort of freeing up the
rest of the Council because as you know, it can be challenging with all the
other meetings you go to and have another Council meeting to go to. Those
are – that’s a brief overview of what we’re thinking about and asking for
your recommendations and direction on.
Chair Wolbach: Just initially one quick questions, I just want to be very
clear. The items for discussion on Pages 3 and 4, Packet Pages 4 and 5, A,
B, and C, is it Staff’s intention that we discuss these in the context of
unscheduled vacancies only or in general for all interviews? It looks like it
was the former but I want to make sure (crosstalk) (inaudible).
Mr. Carnahan: It was generally – the thinking was unscheduled vacancies
and how to address those but if there are thoughts that pertain to the
recruitment process as a whole. I don’t know if we could really take formal
direction on that tonight but we would appreciate your thoughts and
comments.
Chair Wolbach: So, for going through this I want to make sure my
colleagues on the Committee are ok with this. I was suggesting that we
would maybe go through it, maybe each of us could give our sense of each
of these items as a whole and then we could figure out where we have
consensus or disagreement, work through those and then have motions.
How do you each feel about that as a general process? Looks good? Ok,
why don’t we just go down the line then, if you’re ok with that Tom? Do you
want to start us off?
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Council Member DuBois: Yeah, well the last point, I don’t see why we could
make a formal motion to address everything in the memo including the last
bit. It sounds like to me that the problem that we’re trying to solve is lame
duck appointments primarily and it feels like we mixed a few things
together. So, I think we should talk about the pros and cons of twice a year
interviews versus once a year and then a separate issue from that is when
those interviews occur if we did them once a year or twice a year. So,
maybe the months got shifted over time and then third I think which
Commissions and Boards we’re interviewing for. If we did keep two a year
but we interviewed say Arts Commission, Library Commission, HRC in the
fall, that could maybe address the problem as well. If ARB, PTC, and Utilities
were all in the spring, we could still have the benefit about maybe spreading
out the interviews so that we don’t have to do two nights of interviews.
That’s just a thought and if we do go to one time a year then I think we
need to add to the motion a time period for replacement interviews.
Probably we do that in the fall and we’ll just – maybe we say in September
there’s a replacement period where any openings we would interview and fill
them then so that we don’t go a whole year. Personally, I would like to keep
the rest of the process as is. I think today we open up – whenever we’re
doing recruiting, we open it up for new applications and I think we should
continue to do that, even for replacements. I think Council votes on who
they interview and I think that’s a good process that we should keep. We do
tend to say that we’ll interview everybody but Council already as the option
not to do that. The third one, yeah, I think Council should interview Palo Alto
or Mayors just one of nine, I would not be comfortable seeing the Mayor just
make appointments.
Vice Mayor Kniss: (Inaudible)
Council Member DuBois: I really think we should consider the pros and cons of
twice a year versus once a year.
Chair Wolbach: While you’ve got the mic, do you have any feelings yourself
about the pros and cons?
Council Member DuBois: Well, again…
Chair Wolbach: Also, if you want to weigh in on – if you have any objection I
guess to or support for two, three, four and five, feel free to float that out.
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Council Member DuBois: Yeah, I’m fine I think with two, three, four and five.
Again, I think the benefits would be spreading out interviews throughout the
year so they are not all concentrated. I think it benefits the Council and I
think it benefits the community as people move in and out of Palo Alto.
There are multiple times a year when people can apply. It also is a natural
time to replace open positions if people leave. Again, the con it seems to be
primarily the end of your timing and I guess one idea I had was again, just
maybe we do less controversial Boards in the fall. You know I haven’t seen a
lot of political issues around the Art Commission and Library Commission so
yeah, that would be my idea. (crosstalk)
Chair Wolbach: Famous last words.
Ms. Minor: Up until – if I could just jump in? Up until a few years ago, we
use to do four recruitments a year?
Mr. Carnahan: I think it was at least four, if not I believe most of the
Commissions were not at all aligned so we would kind of be recruiting all the
time for different Boards. We have interview nights but they would be very
short because it would be for one or perhaps two Boards. Actually, my
predecessor Ryan Gonzales went through and this large process with Council
and Policy and Services to re-align all the Boards and Commissions into the
two recruitments. So, that’s a relatively new thing and I think having two
instead of eight recruitments has been very helpful but perhaps one might
not be the best answer either. Perhaps two is still a good one.
Ms. Minor: Part of the reason to consolidate them too was the cost of the
recruitment with all the ads that we do and some of other outreach that’s
done, the ads can get pretty expensive. So, part of it was to reduce that cost
for us also.
Chair Wolbach: Lydia, do you want to share with us your thinking at this
point?
Council Member Kou: I was just wondering, based on your
recommendation, if you have all of them at the beginning and in the middle
of the year, would it be too much work for your office? I mean that’s many
to go through.
Mr. Carnahan: I don’t think so. I mean the recruitment process, there’s a
lot of steps to it and it’s not a lot more work depend – based on the
volume. So, it’s more – the more each additional recruitment is a lot more
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work. Adding one or two positions or Boards to a recruitment doesn’t add a
lot more work. There is a little bit more communication with applicants and
then, of course, notification of folks at the end but it’s not a totally different
workload versus having more recruitment.
Council Member Kou: At one time of the year?
Mr. Carnahan: Yeah.
Ms. Minor: Correct, when all the applications now online using DocuSign so
it’s really easy when we get them in, to just save them to the S-drive and –
where we keep them. Then just process them through but one of the issues
with keeping a recruitment in the fall is when we are doing an election – a
November election, then my office has that election that we have to deal
with. Then election of Boards and Commissions too so there’s a little bit
more work when we have done that if we continue with them in the fall;
you know October/November time frame.
Council Member Kou: I completely agree with recommendations two, three,
four, and five and then on number one, it would be A1 which is to continue
the same process. I find that interviewing each of the applicants and even
when they return, it’s always helpful because some many come through
and I forget what they said or who said what. So, it’s nice to have then
come back and repeat and give me a reminder. B for the interviews, there
will be one also to continue scheduling new interviews and C is also one I
think – yeah, it’s just much more fairer for all of us to have our voice in
there. Thanks.
Chair Wolbach: Also, do you have any preference Lydia, on whether to go
with the Staff recommendation which is to consolidate in May or to keep
two periods of recruitment a year?
Council Member Kou: I agree with Council Member DuBois. I think – I know
you said that it’s fine and it doesn’t cause more work to be done but I think
if you have some at the end of the year, it might help. I don’t have any
preference. I will be…
Mr. Carnahan: Just a suggestion we hadn’t really considered was Tom’s of
having everybody – all the recruitment for every Board and Commission in
the spring but then having kind of an organized fall recruitment for any
vacancies so we hadn’t considered that. Perhaps that might be something
to consider.
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Chair Wolbach: Liz.
Vice Mayor Kniss: You might try that, that’s an interesting thought.
Mr. Carnahan: If you could…
Vice Mayor Kniss: I am sitting here thinking I can’t remember how many
different ways we have done this through the years. It has been multiple
because no matter what we do, someone is going to say they’ve got two
vacancies on that Commission or they’ve got whatever. I think you’ve got
to do it at least twice a year. I’m not even sure that’s going to be sufficient.
I mean how many – let’s just talk for a minute numbers. How many people
are we talking about on the Boards and Commissions that we vote for and
select?
Mr. Carnahan: The total group ranges from about 55 to 70 depending on
how many groups we have active at one time.
Vice Mayor Kniss: Ok, so how many…
Council Member DuBois: (Inaudible)
Vice Mayor Kniss: Pardon?
Council Member DuBois: How many expire in one year?
Vice Mayor Kniss: Yeah, that’s what I was going to say, what’s the turnover
in there?
Mr. Carnahan: The turnover in there, let’s see.
Vice Mayor Kniss: You’ve got 70 positions possibly.
Mr. Carnahan: Yeah, so we have I would say somewhere between 16 and
30 and it ranges significantly because some Boards and Commissions like
Parks and Rec. they do three a year, four the next and then there’s no
turnover the third year. Whereas others will do two, three, two so
depending on their size and then how they were set up originally, their
rotating terms are aligning. For some years we have a lot more
recruitments or positions opening up.
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Vice Mayor Kniss: So, filling 70 positions really 16-30 a year is a lot so
we’re suggesting doing primarily in the spring and then a kind of cleanup in
the fall?
Mr. Carnahan: That’s an idea that Council Member DuBois suggested that’s
worth…
Council Member DuBois: I also (inaudible) picking which ones we do in the
fall.
Vice Mayor Kniss: Yeah, let’s muse about that just a little bit. Let me ask
two other things but I know what the answers are because I snuck a
question over to Beth or maybe this is – let me ask all of you. Should we
have term limits for our Boards and Commissions? Any thoughts? Should
we have attendance requirements for Boards and Commissions?
Chair Wolbach: I’m not sure that’s really the item for discussion this
evening.
Vice Mayor Kniss: Terence is giving me the high sign like I don’t know if
you can do that.
Terence Howzell, Principal Attorney: Yeah, it’s not agendize. We’re really
talking about alignment – this – yes, the agenda items related to alignment
of the Boards. We can – I appreciate the questions and the interest but it
would probably be more appropriate to have it…
Vice Mayor Kniss: I thought that was very relevant though because if you
had term limits, you would be doing a lot more interviewing than I think
you currently are.
Mr. Howzell: I would agree with that. However, as it relates to how you are
going to – well, yeah, point well taken. As far as aligning the terms of –
aligning when you’re recruiting that – I agree. I agree with that. I think
that’s probably a valid question as it relates to the agenda item.
Vice Mayor Kniss: So, I’ll leave out the attendance requirement which is
probably a headline somewhere that’s saying, oh my gosh, they have
attendance requirements. It is very difficult on Boards and Commissions
when they are full staffed – when they don’t have the full number that
belongs on the Committee. Then secondly, they have people who don’t
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show up too often so I’m willing to try something new but I can -- am I
right Beth, that what we’re doing now is relatively new? We use to
interview…
Ms. Minor: We use to interview (crosstalk) several times a year. Yes, we
did.
Vice Mayor Kniss: (Inaudible)
Ms. Minor: Yeah, we had recruitments three or four times a year with
different Boards and up until 3-years ago, David? How long have you been
here?
Mr. Carnahan: Yeah, 2014 is I believe when we started with the
realignments with the two recruitments.
Vice Mayor Kniss: Do you guys think the two recruitments are going well?
Mr. Carnahan: I think the two recruitments go well. We end up having
typically more than two. This year we’ve had three so far, we had two last
year, we had five in 2015. Then again, it goes back to that when there’s an
unscheduled vacancy, how do we handle that? In the past, we have
frequently started new recruitments which it’s as much work as doing a
scheduled recruitment. It’s not a…
Council Member DuBois: (Inaudible)
Mr. Carnahan: We’ve occasionally have aligned them so for example in
2016, I believe we had one or two unscheduled vacancies that we did align
with the next recruitment. Typically, what I’ve observed is that when we
have upcoming vacancies on a body that has an unscheduled vacancy, we’ll
wait and group it. If the next scheduled recruitment, fall or sprint, does not
include that body, Council has asked us to go out and do a separate
recruitment. However, just because we’re recruiting for the fall things in the
fall and if someone resigns from UAC, we could obviously put that in with
the fall recruits.
Vice Mayor Kniss: I hate to do the (inaudible) but all groups are really not
created equal. When Planning and Transportation doesn’t have a full
complement, that’s really difficult. I think Utilities needs a full complement,
they make a big difference in the kinds of decisions we make. Some Boards
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and Commissions function without the requisite number. I think – as I said,
I’m not married to any of it. If we could try Tom’s suggestion for a while
and see how it worked.
Council Member DuBois: I made a couple suggestions. I wasn’t married to
either but…
Vice Mayor Kniss: Well, trying to think what works the best is always
difficult and given this enormous number that we have that get appointed –
some of these get appointed right? Right.
Ms. Minor: Correct.
Vice Mayor Kniss: Let me just mull it over for a little bit.
Council Member DuBois: Liz and everybody actually, one of the other things
to think about I think again is from the community’s perspective, if we had
two periods a year, do we get different people applying or does that affect
who applies? Then also just thinking about two solid days of interviewing.
Do we do justice to people? You know we get pretty tired interviewing four
hours a night, two nights in a row.
Vice Mayor Kniss: I actually think that whatever we’ve been doing lately
has worked pretty well. Where we haven’t had – we use to have nights
where we went on for two or three hours at a time of interviewing. I don’t
know remember us doing that recently but maybe I’ve forgotten it. Let’s
hear from you, Corey. I think this is – these are tough decisions to make.
Chair Wolbach: Alright, with that let me weigh in a little bit. On the
question of which Boards and Commissions are less controversial, I don’t
want to make that call. So, I’d rather say that if we’re going to try and
avoid either lame duck appointments which would be between elections and
the – swearing-in. If we’re going to avoid those, I think we should avoid
them for all Boards and Commissions. If we’re going to avoid interviews
proximate to an election – in the lead-up to the election because of the risk
of politicization or a Board Member or Commission Member is maybe
seeking re-appointment but might also be running for Council and in case
they lose, they still want to get reappointed for the Board or Commission. If
we want to avoid that for some Commissions again, I think we should
probably do it for all of them because even if the Commission or Board isn’t
considered very politically contentious, the applicant may be in the context
of the election. Sometimes that unavoidable, sometimes people announce
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far enough ahead of time or indicate far enough ahead of time that they
might be a candidate. I guess my point here is simply we ought to – in my
view we ought to maintain consistency across all the Boards and
Commissions on avoiding those conflicts. On the timing, I’m looking at Staff
for a reminder, when is the – because I haven’t been on Finance for a year.
When is the Finance – the intense period of Finance meetings, that’s in
April/May?
Ms. Minor: May, it’s in May.
Chair Wolbach: It’s in May, that’s what I thought. I was trying to skim back
through my calendar to confirm. My sense that doing Board and
Commission interviews in May is tough for the people who are on Finance.
Whether we consolidate or not, I think that the springtime…
Vice Mayor Kniss: That’s a good observation.
Chair Wolbach: …should be moved up maybe to March, you know late
winter, early spring.
Mr. Carnahan: So historically we had the spring recruitments ended – the
terms ended in the middle of April. I can’t remember by we moved them
forward but there was a good reason for moving them forward to May 31st.
Then we ran into issues or we moved from April 31st and we had a
challenge where we appointed or I swore in three people for UAC the day
that they reviewed the utilities budget. So, we moved UAC out to the end of
May so that a seasoned Utilities Advisory Commissioners could participate
in that review of Utilities Department budget. So again, that’s where you
want to make sure for both the UAC, you’ve experienced folks as they are
reviewing the utilities budget and then on the PTC, they review the Capital
Improvement Plans (CIP). So, you want to make sure ideally not to have
people appointed that month that or kind of getting use to their role. You
want someone that understands those in depth.
Chair Wolbach: Right, so with that in consideration – considering that
maybe either earlier in the year. Again, the problem there is that you then
have some Council Members who might be brand new. I’m not sure, I’m
terribly worried about that. I mean for instance I think that Lydia was doing
a fine job with making selections and interviews for your early on. I don’t
think any of us had a real hard conducting interview as a new Council
Member. So earlier in the year or perhaps after budget might work better.
Maybe late January might even be an option. I’m going to say let’s back
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burner the timing discussion just a little bit and just focus on the question
of consolidation. I think consolidation actually makes sense but it could be a
recruitment period where we just say, this is recruitment month and
instead – we could either – I guess depending on the number of applicants
we have and the number of interviews that Council decides to hold, then we
split into multiple nights or do it on one or two nights; back to back. Saying
to everybody that this is a month out of the year when we’re going to do
Board and Commission recruitments. A lot of people ask me, hey when are
Board and Commission recruitments? I’m really interested in getting more
involved in Palo Alto and I say it depends and it’s complex and let me check
or check with the City Clerk or check the City website. If we had a
consistent time of the month and a consistent deadline for getting an
application in. You could just say that’s the deadline every year for getting
an application in, then Council decides who we want to interview and then
hold the meeting – the interview meetings following that. That’s kind of
where I’m leaning for the regular appointment or recruitment. For the
replacements, I’m really intrigued by Tom’s idea of lumping those together.
I actually think that might really work but I’m also sympathetic to the
concern that Liz raised that for some Boards and Commissions a several
months period of vacancy may be detrimental to the functioning. So, I’m
not really sure I have a good answer yet on that and while I’ve got the mic
I’ll say yes, to items two, three, four, and five in my book. For A, B, C, I’m
going to agree that I think that we should just continue the process as is
for each of those. Those are my thoughts for right now. Tom, want to weigh
in?
Council Member DuBois: Yeah, a couple responses to your comments. I
guess I feel more comfortable making a call on less controversial Boards so
I still think that’s an option. I still think Library and HRC, the Art
Commission we could interview those in the fall. I do think you’re on a good
tac in terms of talking about the months we do it and again, if we could do
the fall in September even, I think that might be good. So, you’d have to
recruit in August and interview in September when…
Mr. Carnahan: Just one quick note on that timing. We would be recruiting
earlier than that to interview in September, probably but also, candidates
for Council can pull papers typically in early August. So that’s sort of where
that whole challenge of the election cycle as you go from early August
through December and January you have new folks. So, that’s part of the
challenge of the fall in every other year.
Council Member DuBois: Then January, February for spring or something if
– again, I think we could just figure out maybe the months and the UAC
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budget is a good example so I would try to pull it forward. I mean if we do
go with the once a year, I think again the idea of maybe having a
replacement schedule in September and then Council could continue its
current policy if somebody retires months before September. We could
have a special interview period for that just like we do now.
Vice Mayor Kniss: Let me just push on that for a little. What you’re saying
is do all the interviewing we need to do in the spring.
Council Member DuBois: I think my preference would actually be to keep it
two and do the less controversial Committees in the fall…
Vice Mayor Kniss: In the spring? Oh, in the fall, ok.
Council Member DuBois: …before election time.
Vice Mayor Kniss: Then more controversial in the spring?
Council Member DuBois: Yeah, when the full Council is there.
Vice Mayor Kniss: Ok, that’s – what I am looking at are these numbers
again. If there are 16-30 you said appointments that are going to get
made. I have no idea how many people that actually represents because
when we enter – we just interviewed recently and we had 8 or 10
candidates.
Mr. Carnahan: So, we just – for the Storm Water Management Oversight
Committee we had seven openings and eleven applicants.
Vice Mayor Kniss: Right but – and that’s a new one. We haven’t done that
one for a while.
Mr. Carnahan: A preview for what you’re going to read about tomorrow is
you have 20 applicants across the Boards and Commissions that we’re
currently recruiting for.
Vice Mayor Kniss: You know what I’d suggest, we’ve got to figure out how
to do something so perhaps Tom your idea of what we’re going to call the
less controversial Boards and Commissions could be done in the spring. The
more controversial than in the fall…
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Chair Wolbach: I think that was (inaudible).
Vice Mayor Kniss: …as long as we don’t – did you say it the other way
around? Yes, so that was obviously when I got to the fall and realized that
that’s the problem. There’s nothing wrong with trying something as a pilot
for a year to see how it works without making it a forever kind of thing. I’d
say if you make a motion to that end, I’d support it and – but I’d like us to
keep our options open because sometimes we run into hiccups and it
doesn’t take too long.
Chair Wolbach: Can I jump in for just a second? Just to be clear, I guess
where I’m leaning right now is to say let’s have one period in the first half
of the year timed to not coincide with the budget so maybe earlier in the
year. Have our regular appointments in or regular appointments in that
time. Secondly, having planned vacancy filling opportunity in either late
spring, right before summer or right after coming back from the summer
break. Then third, if Council so desires to – we could vote to fill sooner than
that so Staff could – where there’s a vacancy – anytime there’s a vacancy,
Staff could bring us the vacancy and just ask Council on regular Council
meeting agenda item, do you want to fill this vacancy now or do you want
to include it in the lumping mid-way through the year? Then if there’s a
vacancy in the second half of the year then that would ordinarily get filled
during that regular recruitment early in the year so that’s my preference. I
don’t know if anybody else wants to try a motion and we might not all be
aligned.
Vice Chair Kniss: I have Tom a great opportunity.
Chair Wolbach: Tom, do you want to take the opportunity?
Council Member DuBois: What Staff thinks of the two options and I mean if
we realigned all these Commissions, we’ll have a bunch of people who have
realigned terms, right?
Mr. Carnahan: We’ve recently realigned folks a few times and we haven’t
heard too much disgruntlement because we – typically we push their terms
out so they – we usually are approximately 6-months longer or in the case
of UAC, I think it was one month longer. That may -- at least initially, there
may be a few people that longer term doesn’t work for them so we’ll have
an unscheduled vacancy but typically, as you’ve seen through a lot of our
recruitment the same people – they really enjoy participating and they
want to continue serving.
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Chair Wolbach: I just want to ask a quick question which is there’s nothing
that prevents us from taking applications in January or February, having
interviews in March or April but then not actually seating people until later,
right?
Ms. Minor: There isn’t but I think you are doing…
Chair Wolbach: Do we have to seat people right away or could people have
a couple months warning, hey you’ve been appointed. You’ve got a couple
of months before you get sworn in and that gives you a little bit more time
to do your homework and study up and attend meetings or view them
online. Is there anything that would prevent us from doing that? I mean on
Council we have that or we know in November if we’re going to be joining
the Council but then we're not sworn in until two months later.
Mr. Carnahan: So, we – currently we –- for example the recruitment we
have going right now we have – we started recruiting about a month and a
half ago I believe. The deadline was yesterday, in two weeks you’re going
to have a Staff report to decide who’d you like to interview, then late
October we’re conducting the interviews and then late November you’re
scheduled to make appointments for terms that begin mid-December. So,
part of it too is these recruitments take a very long time. Partially because
we need to advertise for a minimum of fourteen days but we try to do
longer so that we have a better opportunity to reach the community. Then
we do come to Council three times; first to decide who to interview, then to
interview and then for appointments. Every now and then there’s a late
packet memo in there if we really get jammed up but I mean that right
there, that’s six weeks from when they are turned into when you guys can
make an appointment.
Chair Wolbach: I guess what I am getting at is that we could make our
decisions about who we’re appointing before the budget discussions for
instance and then have the appointments held after the budget discussions
potentially.
Mr. Carnahan: I think – yes, we could and that was sort of a suggestion in
here. That if we recruited early enough to have interviews in April, that
would give newer Council Members a little bit of time to get experience on
Council, get a little more comfortable in their new role but it would be
before the budget review that takes up a huge amount of Finance
Committee’s time in May. Then if you would then make appointments either
late April or early May, that would give folks at least a few weeks to do a
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little more research, attend a couple meetings, watch some videos and
become a little more acquainted.
Chair Wolbach: Yeah, I think I would be comfortable with that and that
again, I would wrap – I think the goal for me or one of the goals is to wrap
up interviews prior to the Finance Committee hitting their peak period just
so they don’t have regular Council meetings, Finance Committee special
meetings and interview special meetings all in the same line because that
would be a very stressful month for Finance Committee Members.
Vice Mayor Kniss: Could I (inaudible) I’m nagging at me though. I’m trying
to think of how you differentiate between the two kinds of Committees. You
used some good words, tell me what they were? (crosstalk) (inaudible)
Council Member DuBois: Just like less controversial.
Vice Mayor Kniss: Thinking how can we word this because I’m thinking that
if for example Planning and Transportation suddenly had two vacancies for
some reason and we don’t plan to actually interview again for several
months. I would find that really uncomfortable so it seems as though we
need some kind of backup plan for whatever we’re going to call it.
Council Member DuBois: Don’t we have that already?
Vice Mayor Kniss: I mean I guess I would call them more crucial, more…
Ms. Minor: Well we do have it now when there are openings. We bring it to
you and ask if you want us to recruit at that time and we can still continue
to do that if there are openings that – on PTC or UAC.
Council Member DuBois: So, I was going to try to make a motion but I just
wanted to ask a few questions before I did.
Chair Wolbach: I think Lydia also had a couple more questions maybe
before we go to motions.
Council Member DuBois: If the – if we did stick with the two recruitments
and we did this realignment, I mean the Staff report says the interview
periods are April-May and November-December. How do you in the Clerk’s
Office feel about shifting those up, I guess? Like February-March and
September-October?
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Mr. Carnahan: I don’t think there would really be an issue with either of
those time periods. I think that the suggestion of April was just to allow
new Council Members more time to get familiar but it that’s not a concern,
late January or a time during February, those could work. Then we could
get to those appointments earlier in advance of when their terms begin so
they have that time to get more acquainted and comfortable in their future
role.
Council Member DuBois: Alright, so I’ll attempt a Motion which is that we
keep the two periods but the fall period we would interview the Library
Commission, Human Relations Commission, the Arts Commission and the
Historic Resources Board and that would occur in September-October. Then
that we would have a spring or early spring interview in January-February
of the other Boards and Commissions. Then we would adopt two, three,
four and five of the Staff Motion.
MOTION: Council Member DuBois moved, seconded by Vice Mayor Kniss to
recommend the City Council adopt an Ordinance to:
A. Keep two recruitment periods, with the Library Advisory Commission,
the Human Relations Commission, the Public Art Commission, and the
Historic Resources Board being held in September/October; and the
Architectural Review Board, the Parks & Recreation Commission, the
Planning & Transportation Commission, and Utilities Advisory
Commission being held in January/February; and
B. Remove the requirement that the election of the Planning &
Transportation Commission chairperson and vice chairperson occur in
November; and
C. Add, “gender identity” to the Human Relations Commission’s
jurisdiction; and
D. Update Human Relations Commission language to include gender
neutral language; and
E. Update Parks and Recreation Commission language to reflect name
changes in Community Services Department divisions.
Vice Mayor Kniss: I’ll second that. I think that’s rational.
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Council Member DuBois: Do you want…(crosstalk)
Chair Wolbach: Liz?
Vice Mayor Kniss: (Inaudible) Oh. Yes, I would support that but could you
include in that in some way that when it’s absolutely necessary we will fill
those Boards...
Council Member DuBois: We’ll continue to incur current practice.
Vice Mayor Kniss: … and Commissions. I don’t want to give a name to
(crosstalk) (inaudible).
Council Member DuBois: I think we just continue current practice. Yeah, the
Clerk’s Office would bring to Council a decision to either wait to the next
recruiting period or fill imminently.
Chair Wolbach: Tom, do you want to speak any more to your Motion?
Council Member DuBois: No, I think I’m good.
Vice Mayor Kniss: I think we’ve chewed this one up, don’t you?
Chair Wolbach: I would just point out that for – just for sake of example, in
the last fall period we saw at least – I hope I’m not forgetting people but we
saw at least one member of the Library Advisory Commission running for
Council and we also saw at least one member of the Human Relations
Commission running for Council. Again, I – if we have to pick less or more
controversial Boards and Commissions, I think the Motion on the floor
captures that pretty well but I don’t think it’s the Board or Commission that
makes a candidate controversial. That the candidate themselves so I guess
to say…
Council Member DuBois: Just to clarify, I didn’t think this was about
candidates and I guess, what is the issue with them applying and also
running other than we may have to fill another position?
Chair Wolbach: From my perspective it’s just a question of it frankly, being
backward for everybody involved.
Vice Mayor Kniss: I agree (inaudible)
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Chair Wolbach: Perhaps the outtakes as well. Alright, and…
Vice Mayor Kniss: It like it hits you in the guts.
Council Member DuBois: Sure (inaudible).
Council Member Kou: But that’s also (inaudible)…
Mr. Carnahan: Can we – microphones?
Council Member Kou: Wouldn’t that also be at the National level you know
when somebody is running for Congress or Assembly and they’re a
Councilperson as well? I think it’s kind of all over.
Chair Wolbach: Well, yeah, I mean somebody could still run. For me, the
issue isn’t that they are serving on a Board or Commission and running for
Council. It’s the question of their application and for us having to make the
decision about who to appoint or not to appoint. It could look like an
endorsement if we’re making an appointment very close in time to an
election. I’ll offer a friendly amendment which is to have the Board and
Commission interviews all in the – you said January-February, right?
Council Member DuBois: September-October.
Chair Wolbach: Right so I would just offer as a friendly Amendment to have
all the scheduled Board and Commission interviews in January-February with
September-October as the planned vacancy filling period with Council
holding the opportunity – having the opportunity to fill vacancies sooner if
needed.
SUBSTITUTE MOTION: Council Member Wolbach moved, seconded by
Council Member XX to hold all of the scheduled Boards and Commission
interviews in January/February and designate September/October as a
planned vacancy filling period while allowing Staff the opportunity to recruit
throughout the year, as needed.
Council Member DuBois: (Inaudible) substitute.
Vice Mayor Kniss: Yeah, no, I heard that as a Substitute. I can’t support that
because it’s a totally different way of operating.
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Chair Wolbach: Ok, well I won’t bother making the Substitute because I
don’t think that it will have the support. I’ll let you guys go back to
discussing the Motion. I want to make sure we also captured the other
elements that did…
SUBSTITUTE MOTION WITHDRAWN BY THE MAKER
Vice Mayor Kniss: I just want to answer Lydia’s if I might. The difference
Lydia is if I’m a Council Member as I once was and ran for County
Supervisor, I’m already in one job and running for the next so I’m not
running for two jobs at once. Whereas I would see somebody who has taken
out papers running for City Council and then also applies for Planning and
Transportation at the same time so they are running for two offices at once,
which the constitution doesn’t allow.
Council Member Kou: I was basically going on what Corey said about – that
we had a UAC Member and a HRC Member running for Council so they were
already in their positions.
Vice Mayor Kniss: They were already in their positions.
Council Member Kou: Right, so I was just following that comment but thank
you. Thank you for the explanation.
Chair Wolbach: I guess the only other thing we could consider is whether we
should not or could not allow people who have pulled papers to run for
Council to also apply for Board and Commission interviews or appointments.
I’m not even sure if we would be allowed to do that. Basically, to tell them
hey…
Vice Mayor Kniss: That’s why Terence is here.
Chair Wolbach: Hey, you’re going to have to pick, right? Which job are you
applying for? I’m just wondering is that even something we could legally do.
I don’t know if that was clear.
Ms. Minor: That’s a legal question.
Mr. Howzell: Can I suggest that isn’t – well, isn’t pertinent to the agenized
item. I understand the question and it’s not related to the matter that’s
before you. So, frankly, I would prefer not to give an answer in this
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particular public setting. If the Council feels that it does want some
confidence legal advice relating to this, I can provide it but I don’t want to –
I don’t think it would be appropriate to state the City’s position on this issue
in this particular setting.
Chair Wolbach: I appreciate the sensitivity with which the City’s Attorney’s
Office approaches these matters and thank you for that.
Council Member DuBois: This raises some issues that we’re having a long
discussion on what I thought would be a relatively short item. I think maybe
we ask that we agendize for Policy and Services a discussion on term limits,
attendance requirements and applying for multiple positions at the same
time.
Vice Mayor Kniss: Thank you for mentioning that because I think that’s
actually important.
Mr. Carnahan: Just to – I was going to say just one quick note. We did have
a discussion with Council about a year and a half ago I believe and we did go
down to requiring that applicant pick one Board or Commission to apply to --
for improvement because we had individuals who were kind of – we had
three Boards that we were recruiting for and they submitted three
applications. So, they are now forced to choose one.
Council Member DuBois: But this would be running for Council or a Board,
right? So, are you suggesting that I add that to the Motion?
Chair Wolbach: Would you be willing to add that to the Motion?
Vice Mayor Kniss: Can we? I’m looking at Terence again.
Council Member DuBois: Or could we just discuss it (crosstalk)…
Chair Wolbach: (Inaudible)
Mr. Howzell: Well, you could do that as part of your future meetings
discussion.
Chair Wolbach: Let’s do it then.
Mr. Howzell: During that discussion, you can highlight what – if there are
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particular legal issues that you’d like the City’s Attorney’s Office to address
in a confidential memo in anticipation of that meeting.
Chair Wolbach: Very good so I won’t suggest it be added to this Motion at
the time. Any more discussion about the Motion? I do want to make sure did
– since we – I'm so accustomed now to having the motion in front of us for
our Council meetings, I just want to make sure did the motion capture each
of the components requested?
Jessica Brettle, Assistant City Clerk: Currently the Motion that I have on the
floor is regarding the two recruitment periods that I separated out according
to the schedule that Tom suggested. Then I also have two, three, four and
five included in the current Motion on the floor.
Chair Wolbach: Did you want to – do we also include the parts A, B, and C
on Pages 3 and 4. Is that captured, that we wanted to…
Ms. Brettle: That is not currently part of the Motion as it is.
Council Member DuBois: I would add that, that we keep them – keep it as is.
Chair Wolbach: Keep it as is, ok. Lydia?
INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER
AND SECONDER to add to the Motion, “to leave the process of appointing
unscheduled vacancies as it currently stands.”
Council Member Kou: Just one more question so Number 2, the requirement
for the PTC, the Vice Chair and the Chair to be removed at the election. Is
there another replacement time or leave it completely open? How does that
(inaudible)?
Mr. Carnahan: It’s completely – the recommendation was leaving it open.
The other Boards and Commissions have the requirement that the Chair and
Vice Chair serve for one year. It tends to be roughly a year just based on
meeting calendar and things like that. The PTC is the only one that has that
specific requirement that it must happen in November and that becomes
problematic when – a couple times we’ve had unscheduled vacancies
appointed right around that time or we’ve had people appointed as Chair or
Vice Chair and then they resign. Then we sort of aren’t near November so
can they make an appointment? Perhaps they can, maybe they can’t and
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just sort of removing that unique requirement.
Chair Wolbach: So, it’s just aligning it with the other Boards and Commission
practices.
Mr. Carnahan: Yes.
Chair Wolbach: Any other discussion about the Motion?
Vice Mayor Kniss: Say though isn’t the requirement about Planning and the
Charter as to when they elect their leadership?
Mr. Carnahan: It’s in the Municipal Code, not the Charter.
Vice Mayor Kniss: Oh, ok so the Code has to be changed?
Mr. Carnahan: Yes, so the majority of the items in this recommendation
would be an Ordinance to update.
Vice Mayor Kniss: I hate to prolong this but there’s just one thing I’m
thinking about is that those most likely to run for office are Planning and
Transportation. So, it would not be usual they have two or three people in
Planning and Transportation running for City Council at the same time; just
to think about.
Ms. Minor: I think the concern is more if you have somebody who has
applied for Planning and Transportation and is applying for Council. We do
have – I don’t know that it’s an issue, is that when they are already on the
PTC and their running for Council. It’s more for when they are running for
both at the same. I think that’s the bigger issue.
Vice Mayor Kniss: I’m only concerned about – so two or three get elected
and then you have three – two or three vacancies and that’s the vacancy in
November. So, do we wait for spring?
Chair Wolbach: The Motion that you just seconded would have us fill that
(crosstalk) – well, the Motion you just had or that you are seconding is that
we would fill it ordinarily. Actually, we would fill it at the next recruitment
period, otherwise, we could hold a special – anyway, any other discussion
about the Motion? Alright, good work on this one. Good discussion and all in
favor of the Motion on the table? That was an aye?
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MOTION AS AMENDED RESTATED: Council Member DuBois moved,
seconded by Vice Mayor Kniss to recommend the City Council adopt an
Ordinance to:
A. Keep two recruitment periods, with the Library Advisory Commission,
the Human Relations Commission, the Public Art Commission, and the
Historic Resources Board being held in September/October; and the
Architectural Review Board, the Parks & Recreation Commission, the
Planning & Transportation Commission, and Utilities Advisory
Commission being held in January/February; and
B. Remove the requirement that the election of the Planning &
Transportation Commission chairperson and vice chairperson occur in
November; and
C. Add, “gender identity” to the Human Relations Commission’s
jurisdiction; and
D. Update Human Relations Commission language to include gender
neutral language; and
E. Update Parks and Recreation Commission language to reflect name
changes in Community Services Department divisions; and
F. To leave the process of appointing unscheduled vacancies as it
currently stands.
Vice Mayor Kniss: That was an aye.
Chair Wolbach: Ok works.
Ms. Minor: Thank you all.
Chair Wolbach: Alright so that passes unanimously, thank you, everybody,
and let’s not forget to tag on some stuff on the future agenda items to have
that fuller discussion. Thanks, Rob.
MOTION AS AMENDED PASSED: 4-0
ADJOURNMENT: Meeting adjourned at 8:09 P.M.
City of Palo Alto (ID # 8487)
City Council Staff Report
Report Type: Action Items Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Discuss and Accept S/CAP 2020 Implementation Plan (SIP)
Title: Discuss and Accept the Draft 2018-2020 Sustainability Implementation
Plan (SIP) Key Actions as a Work Program for 2018-2020 and Direct Staff on
Next Steps
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that City Council:
1. Accept the attached (Attachment A) revised 2018-2020 Sustainability Implementation
Plan (SIP) "Key Actions" as a summary of the City’s work program under the S/CAP
Framework for the years 2018-2020;
2. Find this action exempt from environmental review under CEQA Guidelines Section
15061(b)(3).
Executive Summary
The attached 2018 - 2020 Sustainability Implementation Plan (SIP) (Attachment A) focuses on
two key S/CAP concerns—CO2 and H2O (Greenhouse Gasses (GHG) and Water)—and four
action areas: Energy, Mobility, Electric Vehicles, and Water. In each of these four areas, staff
proposes specific near-term key actions to advance the City’s S/CAP goals, and broader
“strategic moves” to support those actions.
Within each of the four focus areas, the SIP represents a specific workplan to advance the goals
of the S/CAP across programmatic and departmental lines. In many cases, the actions
described also require new community and regional partnerships to develop and test new
strategies that will build on Palo Alto’s leadership role in sustainability and innovation.
These key actions identify what can be accomplished within the three-year period between
now and 2020 to continue progress toward the Council–adopted S/CAP goal of reducing GHG
emissions by 80 percent from 1990 levels by 2030. Some of the key actions have already
undergone CEQA review and are underway. Staff will return to Council as needed for additional
consideration of those specific S/CAP 2018-2020 SIP Projects, Policies and/or Budget items
which require additional resources and/or CEQA review. Staff envisions updating the Draft
City of Palo Alto Page 2
S/CAP and bringing forward a completed S/CAP for Council adoption in 2020, with an update in
2025, and including further key actions at those times.
Background
On 4/18/16 City Council first received and discussed the draft Sustainability/Climate Action Plan
(S/CAP), and unanimously (8-0) approved the following motions1:
A. Adopt a goal of 80% greenhouse gas (GHG) reduction by 2030, calculated utilizing the
1990 baseline;
B. Direct staff to return within two months with a process for integration of the
Sustainability and Climate Action Plan (S/CAP) with the Comprehensive Plan Update;
C. Support the general framework of the S/CAP;
D. Support the S/CAP Guiding Principles, which are to be reviewed and formally adopted
within six months.
In response to these directives, Staff formed seven inter-departmental teams to develop
implementation plans covering the key S/CAP Chapters (Mobility, Energy, Water, Zero Waste,
Municipal Operations, Adaption and Sea Level Rise, and Natural Environment), and has worked
to integrate the S/CAP and the Comprehensive Plan Update, as described under Policy
Implications, below (See also Attachment C).
On November 28, 2016, Council adopted Palo Alto’s S/CAP Framework, including Guiding
Principles, and directed staff to return with a Sustainability Implementation Plan that would
include the more detailed action items.
On June 5, 2017, Staff presented these detailed action items, identified as “Key Actions” for
Council consideration. Council directed staff to prepare a shorter, more tightly focused 2018 -
2020 Sustainability Implementation Plan (SIP) for Council review, which is the revised SIP
presented here.
Discussion
Staff has undertaken the development of the S/CAP in several phases. An overview of the
S/CAP organization and definition of terms is provided in Attachment B, with the key milestones
described here:
The draft S/CAP, including draft anticipated Actions through 2030, as well as GHG
reduction analysis and financial impact analysis for most critical measures, was
presented to Council April 18, 2016. Council “supported” the S/CAP framework and
Guiding Principles, and adopted S/CAP’s “80 percent by 2030” GHG reduction goal.
1 http://www.cityofpaloalto.org/civicax/filebank/documents/52025
City of Palo Alto Page 3
A subset of the S/CAP called the "Framework", including Guiding Principles, Design
Principles and Decision Criteria, and Goals and Strategies, (with draft Actions in the April
2016 Draft removed; and Goals and Strategies enhanced in several Chapters). The S/CAP
Framework was adopted by Council on November 28, 2016. (These terms are explained
in the Glossary section of Attachment B.)
A draft "Sustainability Implementation Plan” (SIP) covering each Chapter of the S/CAP
Framework was presented to Council in June 2018. The work program identified in the
“Key Actions” of the SIP (Attachment A) is in progress.
A revised 2018-2020 SIP, focusing on four key chapters of the draft SIP, in response to
Council guidance
Staff will return to Council with a complete S/CAP, including SIP and any requisite
environmental review in 2020.
In addition, summary S/CAP FAQs are included in Attachment D, and a summary of key S/CAP
analytics and decision logic in Attachment E. In the future, staff will report progress annually (or
more often as warranted), and anticipates bringing a completed S/CAP forward to Council for
consideration and adoption in 2020, with updates every 5 years thereafter.
Key Timeline Dates:
January 2016 — Community Climate Summit
April 2016 — SCAP to Council; Council adopts 80x30 goal
July 2016 – Begin development of SIP with department leaders and staff
November 2016 — Council adopts S/CAP Framework
June 2017 – SIP Key 2017-2020 Actions to Council
Dec 2017 – Revised SIP Key 2018-2020 Actions to Council
2018 – 2020 - Specific 2018-2020 SIP Projects, Policies, and/or Budget items requiring
additional resources and/or CEQA review to Council.
2020 – Update the Draft S/CAP and bring forward a complete S/CAP to Council for
adoption, with an update in 2025 including further key actions at that time
2030 – Achieve S/CAP Goals including 80% GHG Reduction
Resource Impacts
Much of the funding to carry out the SIP work program is already embedded in existing
Department Budgets. Additional funding or staffing may be required to complete some of the
Key Actions in the SIP. Staff will identify these needs as we move ahead and will submit
separate resource requests to Council as needed. Staff recommends that Council accept the
2018-2020 SIP work program now, with the understanding that if future funding requests are
not approved, some Key Actions in the SIP will not be undertaken.
City of Palo Alto Page 4
Policy Implications
As indicated above, the City Council has adopted the S/CAP overall target of reducing Palo
Alto’s GHG emissions to 80% below 1990 levels by 2030, which is the horizon year of the
updated Comprehensive Plan. The draft S/CAP also addresses other sustainability topics that
overlap and complement the updated Comprehensive Plan, making coordination between the
two planning efforts a critical exercise. Staff has worked to ensure this integration, has
conducted a “cross-walk” analysis of both plans, assisted by a sustainability subcommittee of
the Comprehensive Plan Community Advisory Committee (CAC).
This effort has included:
Incorporation of key S/CAP goals and strategies into the Comprehensive Plan as C
Comprehensive Plan policies and programs;
“Cross-walk” and identification and resolution of potential conflicts between the draft
S/CAP and the Comprehensive Plan;
Exploration of Comprehensive Plan references within the S/CAP as well.
(Attachment C includes the handout prepared for the sustainability summit that summarized
our initial approach to the integration of these two planning efforts.)
Questions regarding the relationships, consistency, and integration among planning efforts are
to some extent inevitable, as Palo Alto has placed a high priority on strategic decision making
while advancing multiple priorities. While this was particularly relevant for the Comprehensive
Plan, it is also an important consideration between the S/CAP and priority areas such as the
Urban Forest Master Plan, Parks/Trails/Open Space Master Plan, and Utilities plans. Given the
likelihood of overlapping update timeframes among these plans, staff endeavors to ensure that
current efforts reflect the latest developments within areas of specialized knowledge and are
coordinated accordingly among departments and stakeholders. This coordination challenge
reinforces the importance of timely completion of planning efforts, both for the efficient use of
resources and to minimize the potential for changes in underlying assumptions to require
significant rework before priorities can be finalized.
Environmental Review
Acceptance by Council of and direction to staff regarding next steps concerning the 2018-2020
SIP is exempt from review under California Environmental Quality Act (CEQA) Guidelines
Section 15061(b)(3) because the action would accept a work program that is subject to change
(i.e. it’s non-binding). Individual tasks identified in the work program are subject to separate
funding decisions and environmental review, so their potentially significant environmental
impacts (if any) will be fully considered at another time. Ongoing projects identified in the SIP
that have already been approved by Council were previously subject to any necessary
environmental review and where new tasks in the SIP may have far reaching consequences,
City of Palo Alto Page 5
they have been framed as tasks to “consider” or “evaluate” possible actions. Those actions will
be subject to individual CEQA review as necessary if/when they have been fully analyzed and
brought forward for a decision on implementation.
Attachments:
Attachment A: 2018-2020 Sustainability Implementation Plan
Attachment B: S/CAP Definition of Terms
Attachment C: Comp Plan/SCAP Integration Handout
Attachment D: 2018-2020 Sustainability Implementation Plan FAQs
Attachment E: 2018-2020 Sustainability Implementation Plan Background
Attachments:
Attachment A: 2018-2020 Sustainability Implementation Plan
Attachment B: S/CAP Definition of Terms
Attachment C: CompPlan/SCAP Integration Handout
Attachment D: 2018-2020 Sustainability Implementation Plan FAQs
Attachment E: 2018-2020 Sustainability Implementation Plan Background
Attachment A: 2018-2020 Sustainability Implementation Plan
CITY OF
PALO ALTO
EV
Sustainability Implementation Plan (SIP)
Key Actions
2018-2020
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 2 of 10
SUSTAINABILITY IMPLEMENTATION PLAN KEY ACTIONS
2018-2020
On November 28, 2016, City Council approved the Sustainability Climate Action Plan (S/CAP)
FRAMEWORK for the City of Palo Alto, including GOALS and STRATEGIES. Council directed Staff to
return with a Sustainability Implementation Plan (SIP) specifying ACTIONS needed to build City capacity
to achieve the “80x30” GHG reduction goal unanimously endorsed by Council on April 18, 2016. (Note:
GHG reduction is not S/CAP’s only goal, but is a key indicator tied to other goals and co-benefits
addressed by SOP actions.)
In response, staff created a 2017-2020 Sustainability Implementation Plan that included all the GOALS
from the S/CAP Framework, and KEY ACTIONS for 2017 to 2020 (a subset of all SIP ACTIONS which are
being finalized by staff). That document, which was presented to Council on June 5, 2017, also identified
potential budget requests for FY 2018. Council directed staff to return with a more targeted
Sustainability Implementation Plan, which is presented here.
This document is a shorter, more tightly focused 2018-2020 Sustainability Implementation Plan (SIP)
that focuses on two key concerns—CO2 emissions and Water—and four key areas of activity: Energy,
Mobility, Electric Vehicles, and Water.1
1 These actions reflect staff's best judgement of the significant and currently feasible steps to move Palo Alto towards it goals. At the same
time, we recognize that technologies are evolving rapidly, and that we will learn and build capacity along this journey; for those reasons, we
will continually ask not only "what is feasible now?" but also "what might be possible if…?"
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 3 of 10
Some of the Key Actions can be readily implemented at a staff level; some will require review and
approval by Council; and some may require environmental review, including under the California
Environmental Quality Act (CEQA), prior to adoption and implementation.
As this work proceeds within the 2018-2020 time-frame, Staff will revise plans as necessary, based on
implementation experience—returning to Council for policy and budget approvals as needed. SIP actions
and budgets will be added and amended based on evaluating progress at least every three years,
beginning in 2020. The remaining S/CAP areas—Zero Waste and Circular Economy; Municipal
Operations; Climate Adaption and Sea Level Rise; Regeneration and Natural Environment; Financing
Strategies; and Community Behavior, Culture, and Innovation—will also be included in future plans.
Staff estimates that these Key Actions and other actions underway could enable Palo Alto to reduce GHG
emissions to about 40 percent below the 1990 base year by 2020 as the SIP is implemented (depending
of course on the pace of implementation), and by about 54 percent if we include the “bridging”
contribution of natural gas offsets2. That will be a major step forward towards the S/CAP’s 2030 Goal of
80 percent GHG reduction, which far exceeds the state of California’s world-leading reduction goals of
40 percent by 2030 and 80 percent by 2050. As the rest of the country looks to California for leadership
in sustainability, the City of Palo Alto will continue to lead by example.
Key Timeline Dates:
January 2016 — Community Climate Summit
April 2016 — SCAP to Council; Council adopts 80x30 goal
July 2016 – Begin development of SIP with department leaders and staff
November 2016 — Council adopts S/CAP Framework
June 2017 – SIP Key 2017-2020 Actions to Council
Dec 2017 – Revised SIP Key 2018-2020 Actions to Council
2018 – 2020 - Specific 2018-2020 SIP Projects, Policies, and/or Budget items requiring additional
resources and/or CEQA review to Council.
2020 – Update the Draft S/CAP and bring forward a complete S/CAP to Council for adoption, with
an update in 2025 including further key actions at that time.
2030 – Achieve S/CAP Goals including 80% GHG Reduction
2 Based on 1) SCAP projections (for which we are behind schedule) and 2) Carbon Neutral Natural Gas. Staff estimates that
Carbon Neutral Natural Gas will result in an additional 18% reduction in GHG emissions.
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 4 of 10
80x30 GHG Reduction Budget (MT CO2e)
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 5 of 10
SUSTAINABILITY AND CLIMATE ACTION PLAN:
Guiding Principles, Design Principles, and Design Criteria3
On November 28, 2016, Council approved these guiding principles, design principles and decision criteria to assist
Staff in developing and refining near term strategies that support the City’s long-term vision and goals. Fully
anticipating that many things will change on the path to 2030, Council expects that Staff and Council will apply
these Principles and Criteria in designing and selecting specific programs and policies to pursue, and in allocating
public resources to support them.
The Vision Statement for the 1998 Comprehensive Plan Governance Element declares that:
“Palo Alto will maintain a positive civic image and be a leader in the regional, state, and national policy
discussions affecting the community. The City will work with neighboring communities to address
common concerns and pursue common interests. The public will be actively and effectively involved in
City affairs, both at the Citywide and neighborhood levels.”
S/CAP builds on that vision with these principles as a basis for effective and sustainable decision-making:
Guiding Principles
Consider “sustainability” in its broadest
dimensions, including quality of life, the natural
environment and resilience, not just climate
change and GHG emissions reductions.
Address the sustainability issues most important
to the community and select most cost-effective
programs and policies—recognizing that this will
entail moral and political, as well as economic,
decision factors.
Seek to improve quality of life as well as
environmental quality, economic health and
social equity.
Foster a prosperous, robust and inclusive
economy.
Build resilience—both physical and cultural—
throughout the community.
Include diverse perspectives from all community
stakeholders, residents, and businesses.
Recognize Palo Alto’s role as a leader and
linkages with regional, national and global
community.
Design Principles
Focus on what’s feasible—recognizing that technology
and costs are shifting rapidly.
Prioritize actions that are in the City’s control –
recognizing that we can urge others to join us, but
leading by example is most effective
Be specific about the actions and costs to achieve
near-term goals, while accepting that longer-term
goals can be more aspirational
Use ambient resources: Maximize the efficient capture
and use of the energy and water that fall on Palo Alto.
Full cost accounting: Use total (life cycle) cost of
ownership and consideration of externalities to guide
financial decisions, while focusing on emission
reductions that achievable at a point in time (i.e. not
on life cycle emissions).
Align incentives: Ensure that subsidies, if any, and
other investment of public resources encourage what
we want and discourage what we don’t want.
Flexible platforms: Take practical near-term steps that
expand rather than restrict capacity for future actions
and pivots.
Decision Criteria
Greenhouse gas impact
Quality of life impact
Mitigation cost
Return on investment (ROI)
Ecosystem health
Resilience
Impact on future generations
3 From the S/CAP Framework, approved by Council Nov 2016
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 6 of 10
SUSTAINABILITY IMPLEMENTATION PLAN 2018—2020 GOALS
MOBILITY
Reduce SOV travel
Make it more convenient not to drive
ENERGY
Drive building efficiency and electrification
Mitigate the impacts of natural gas use
WATER
Reduce water consumption
Ensure an adequate water supply from sustainable sources
Protect canopy, creeks, groundwater and the bay
ELECTRIC VEHICLES
Accelerate EV penetration for both PA & inbound vehicles
Make “Going EV” more convenient and economical than using fossil
fueled vehicles
EV
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 7 of 10
GOALS
Drive building efficiency and electrification through voluntary and mandatory programs
Mitigate the impacts of natural gas use through carbon offsets (in the short term) and
electrification (in the mid-to long-term)
STRATEGIC MOVES
Identify utility projects needed to support S/CAP decarbonization goals through utility planning
processes such as the Utilities Strategic Plan, Smart Grid Implementation Plan, Distributed Energy
Resources Plan, distribution planning processes and Electric Integrated Resources Plan.
Develop a ZNE Roadmap and benchmarking energy study to identify opportunities to increase
efficiency of new and existing building stock from construction through operation.
KEY ACTIONS
EGY1 - Continue to purchase carbon offsets to match natural gas emissions as a transitional measure.
Evaluate potential local offset purchases. (UTL, PW, S)
EGY2 - Achieve cumulative energy efficiency savings of 2-5% by 2020 through voluntary and
mandatory energy efficiency measures in buildings. (UTL, DS)
EGY3 - Encourage voluntary electrification (and mandates as appropriate) of natural gas appliances
through actions such as pilot programs, process streamlining, evaluating barriers (rates/fees,
financing), and contractor/supplier engagement. (UTL, DS)
EGY4 - Complete construction of a replacement facility for sludge incinerators, the City facility with
the largest energy use (PW)
EGY5 - Develop programs that will result in even greater efficiency savings and decarbonization from
2020 to 2030. Potential evaluations include higher efficiency standards for new and existing
buildings. (DS, UTL)
EGY6 - Develop building benchmarking requirements, and commissioning / retro-commissioning
programs to ensure efficient post-occupancy building operation (DS, UTL)
KPIs: Building Energy Efficiency. Electrification percentage.
Emissions from natural gas use represent ~25% of Palo Alto’s remaining carbon footprint. The
decreasing emissions of California and Palo Alto’s energy supply due to renewable energy opens the
opportunity to reduce natural gas use through electrification in addition to continued efficiency
measures. Palo Alto will first seek to reduce natural gas usage through energy efficiency and
conservation, followed by electrification of water heating, space heating, clothes drying and cooking
where practical and cost effective.
ENERGY
Efficiency, renewables and electrification are key to Palo Alto’s—and California’s—low carbon energy
strategy, but pace of implementation will depend on technology evolution and cost-effectiveness as well
as market acceptance. Electrification—and encouraging existing buildings to upgrade to modern energy
efficiency levels —may pose significant strategic and operating challenges for the City of Palo Alto
Utilities (CPAU). (Lead departments: Utilities, Development Services)
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 8 of 10
GOALS
Reduce Single Occupancy Vehicle (SOV) travel
Make it more convenient not to drive
STRATEGIC MOVES
Implement solutions and incentives to reduce SOV travel (T)
Advocate for regional transportation solutions that reduce emissions and congestion (S)
KEY ACTIONS
MOB1 - Fund the TMA with the goal of reducing SOV commute-trips downtown by 30% (T)
MOB2 - Ensure that Palo Alto’s transportation policies and investments support integrated
mobility services (S)
MOB3 - Develop “commuter wallet” mobility app(s) to make it easier for people to use and
pay for transit, rideshare, bike share, and mobility services, and take other steps to
ensure supportive infrastructure and services (S)
MOB4 - Increase bicycle boulevard mileage by 13.1 miles, and redesign streets to support
active and non-SOV modes of travel (T)
MOB5 - Use parking management strategies, including dynamic pricing, to support
transportation and sustainability goals and better align the cost of commuting by car
with the cost of commuting by transit (T)
MOB6 - Explore options for aligning City fleet management with the “three revolutions” of
electric, shared and connected; evaluate using City vehicles as “ride share” vehicles
and/or contracting with a 3rd party for pool management (S, PW)
MOB7 - Explore housing strategies (such as transit oriented development, trip caps, parking
maximums and unbundling parking) that reduce auto trips (T)
MOB8 - Explore re-establishing and expanding access to citywide bike share program, integrated
with regional transit, perhaps in collaboration with neighboring cities (T)
MOB9 - Advocate for policies that enable provision of universal transit passes to residents in
transit served areas (T)
MOB10 - Explore providing flexible/responsive first-and-last-mile solutions (T)
KPIs: Single Occupancy Vehicle (SOV) commute mode share. Transit ridership. Commute
Benefits participation.
MOBILITY
Road transportation represents about two-thirds of Palo Alto’s existing carbon footprint – and a
congestion headache. GHG’s are a function of two factors: Vehicle Miles Traveled (VMT), addressed here,
and the carbon intensity (GHG/VMT), addressed in the next section. Reducing GHG/VMT is largely driven
by Federal Standards, state policy and vehicle offerings (including fuel efficiency and EVs). However, VMT
and EV adoption can be influenced by local programs. (Lead departments: Transportation, Sustainability)
The mobility marketplace is changing rapidly: Lyft and Uber are growing in significance;
Autonomous Vehicles are on the way; and, land use and mobility interact in substantial and
complex ways.
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 9 of 10
GOALS
Accelerate EV penetration for both PA-based & inbound vehicles
Make “Going EV” more convenient and economical than using fossil fueled vehicles
STRATEGIC MOVES
Build out public and private infrastructure to support rising EV penetration, including
anticipated local ownership of 4-6,000 EVs by 2020 (UTL, PW, DS, S)
Evaluate incentives, outreach, policies, and financing options to stimulate charging
infrastructure and EV ownership/use (UTL, DS)
KEY ACTIONS
EV1 - Publicize streamlined permitting and CPAU-funded transformer upgrades (DS, UTL)
EV2 - Consider requiring EV Readiness and charger installation in existing buildings (DS)
EV3 - Evaluate programs to expand EV charger deployment on private property, including
rebates and financing options (e.g. on-bill financing, etc.) (UTL, S)
EV4 - Develop a plan for expanding EV charging infrastructure in the public right-of-way and
on publicly-owned property. (PW, DS, UTL, S)
EV5 - Expand EV deployment in City fleet (PW, S)
EV6 - Support regional EV group-buy programs (UTL)
EV7 - Build public awareness of EV options through communications, RideAndDrive events,
etc. (UTL, DS)
KPIs: GHG emissions. EV penetration.
4
4 Rapier, Robert. “U.S. Electric Vehicle Sales Soared In 2016”. Forbes, 5 February 2017.
ELECTRIC VEHICLES
Powering transportation through Zero Emission Vehicles (ZEV) as opposed to fossil fuel powered Internal
Combustion Engine (ICE) vehicles can significantly reduce GHGs and reduce climate pollution. The electric
vehicle landscape is evolving rapidly as less expensive and longer ranged vehicles come on line. Because
the largest portion of Palo Alto’s GHG emissions are from road transportation, Palo Alto is actively
encouraging its residents and non-resident commuters to adopt ZEVs to help reduce its carbon
footprint—through policies, incentives and provision of EV charging infrastructure. (Lead departments:
Sustainability, Utilities, Public Works)
EV
Palo Alto has one of the highest EV ownership rates in the country - estimated by staff at 3-4%
of registered vehicles. In 2016 Palo Alto surpassed Saratoga, Los Altos, and Los Gatos to
become the #1 city in California by percentage of new vehicles that are electric. Following a 5%
decline in sales from 2014 to 2015, U.S. EV sales jumped by 37% in 20164 and “range anxiety” is
softening as 200-300 mile range EVs hit the market.
Attachment A: 2018-2020 Sustainability Implementation Plan
Sustainability Implementation Plan 2018-2020 Page 10 of 10
GOALS
Reduce water consumption
Ensure adequate water supply from sustainable sources
Protect canopy, creeks, groundwater and the bay
STRATEGIC MOVES
Explore incorporating an evaluation of the costs and benefits of non-potable water
sources to supplement potable sources, as well as a high-level “water balance” chart, into
a single strategic planning document (such as the Water Integrated Resources Plan) (UTL,
PW, DS, S)
KEY ACTIONS
WAT1 - Develop programs and ordinances to maximize water efficiency (UTL, PW, DS)
WAT2 - Develop programs and ordinances to facilitate the use of non-traditional, non-potable
water sources (e.g. graywater, storm water, black water, etc.) (DS, PW, UTL)
WAT3 - Develop Recycled Water Strategic Plan and explore the most effective uses of recycled
water, both inside and outside Palo Alto (PW, UTL, DS)
WAT4 - Develop a Green Storm Water Infrastructure Plan to better capture and infiltrate
storm water back into the hydrologic cycle. (PW, DS)
WAT5 - Reduce salinity of Palo Alto’s recycled water to increase desirability of use (PW, UTL)
KPIs: Per capita water use. Percentage recycled water use.
Perhaps more than most of the other SIP elements, Water management will require extensive
public engagement, since many people will assume the “drought” is over, or bristle at rising
water rates as deeper consumption cuts take hold (and cling to their attachment to lawns).
WATER
Palo Alto has done an outstanding job of meeting annual water use reduction requirements of the
current “drought.” But both potable water supplies and hydroelectric needs could be challenged by long-
term shifts in California’s precipitation regime. With shifting climate patterns, and significant long-term
water supply uncertainty, it would be prudent to reduce water consumption while exploring ways to
capture and store water, as well as to increase the availability and use of recycled water. (Lead
departments: Utilities, Public Works)
Attachment B: S/CAP Definition of Terms
Definition of Terms
2016-2030 Sustainability and Climate Action Plan (S/CAP) – An ambitious plan to reduce the
city and community’s greenhouse gas emissions to meet climate protection goals and to
address broader issues of sustainability, such as land use and biological resources. S/CAP
includes an overall Greenhouse Gas (GHG) reduction target, Guiding Principles, Design
Principles, Decision Criteria, Chapters, Goals, Strategies, Actions, and 2030 Performance
Targets. Staff anticipates reviewing and revising the SCAP for 2020 and every five years
thereafter.
Overall Target – The overall GHG reduction target of the S/CAP - achieving an 80%
reduction in Greenhouse Gases (GHGs) below 1990 levels by 2030 – was unanimously
approved by Council on April 18, 2016.
Framework – The S/CAP Framework includes the Guiding Principles, Decision Criteria,
Design Principles, and key Goals and Strategies. The Framework is the road map for
development of the Sustainability Implementation Plans, and was adopted unanimously
by Council on Nov. 28, 2016.
Chapter – The topic-specific sustainability levers outlined in the S/CAP. These include:
Mobility; Energy; Water Management; Zero Waste & Circular Economy; Municipal
Operations; Climate Adaptation & Resilience; Regeneration & Natural Environment;
Financing Strategies; Community Behavior, Culture, and Innovation; and Utility of the
Future.
Goals – The desired results or intended outcomes for each S/CAP Chapter that will
contribute to achieving overall S/CAP overall targets.
Strategies – The overarching approaches for meeting the S/CAP Goals for each S/CAP
Chapter
Actions – Specific actions, measures, or policies designed to fulfill S/CAP Strategies for
each S/CAP Chapter.
Principles and Criteria – Guiding principles, design principles and decision criteria to
assist Staff in developing, refining and selecting near term strategies that support the
City’s long-term vision and goals.
2018-2020 Sustainability Implementation Plan (2018-2020 SIP) – A near-term plan outlining
goals from the S/CAP Framework and key actions for 2018 to 2020. Goals and key actions are
grouped in four key areas: Energy, Mobility, Electric Vehicles and Water Management. Staff
anticipates creating a new near-term SIP every three years.
2020-2030 Sustainability Implementation Plans (2020-2030 SIPs) – Specific strategies and
actions for each S/CAP chapter, to be determined based on the experience of implementing the
2018-2020 SIP. Staff anticipates creating a new SIP every three years.
How Will the Comprehensive Plan Update & the
Sustainability & Climate Action Plan Work Together?
Palo Alto’s Comprehensive Plan
Update and the Sustainability and Climate Action Plan (S/CAP) are be-
ing prepared in parallel and will both
address issues related to sustainability,
including reducing greenhouse gas
(GHG) emissions and single occu-
pant vehicle trips, conserving energy,
water, and other natural resources,
and adapting to expected changes in
climate and resulting impacts such
as sea level rise, drought, increased
flooding and fire risk, etc. The fol-
lowing points describe how these two
concurrent planning efforts interact
with each other.
The Comprehensive Plan Update will
embrace principles of sustainability
via new goals, policies, and imple-
mentation programs, particularly in
the Transportation, Land Use & Com-
munity Design, Natural Environment,
and Safety elements of the updated
plan. A subcommittee of the Citizens
Advisory Committee has been formed
to work across elements on this issue.
Also, the use of icons or a special sec-
tion in the final plan can allow readers
to find goals, policies, and programs
related to sustainability and climate
change adaption wherever they occur
in the document.
The Comprehensive Plan Update will
describe the intent and scope of the
Sustainability and Climate Action Plan and explicitly incorporate the
plan by reference, similar to how
other important community plans
will be referenced (e.g. the Baylands
Master Plan; the Local Hazard Mitiga-
tion Plan; the Parks, Trails and Open
Space Master Plan; the Urban Forest
Master Plan, etc.).
As a more focused plan, the Sus-tainability and Climate Action Plan
will be much more specific than the
Comprehensive Plan Update when
it comes to strategies for reducing
greenhouse gas (GHG) emissions and
for addressing other sustainability-re-
lated topics. The Sustainability and
Climate Action Plan will also look
out farther than the Comprehensive
Plan Update horizon year of 2030.
Both the Comprehensive Plan Up-
date and the Sustainability and Cli-mate Action Plan will require review
pursuant to the California Environ-
mental Quality Act (CEQA) and the
Draft Environmental Impact Report
(EIR) that is being prepared for the
Comprehensive Plan Update will con-
tain a conservative (i.e. probably high)
forecast of community-wide GHG
emissions in the year 2030. The Sus-
tainability and Climate Action Plan
will be more aspirational in assuming
aggressive emission reductions.
Finalization, adoption and imple-
mentation of the Sustainability and
Climate Action Plan will be included
as a mitigation measure in the Com-
prehensive Plan Update Draft EIR to
ensure that the City meets or exceeds
the State’s targets for GHG emission
reductions in 2030 and 2050.
Palo Alto’s Comprehen-
sive Plan Update and
the Sustainability and
Climate Action Plan
are being prepared in
parallel and will both
address issues related to
sustainability.
Interested in helping craft solutions to
the critical issues facing us now and
into the future? Join us at the Sustain-
ability and Climate Action Summit:www.cityofpaloalto.org/scapreg
Attachment D: 2018-2020 Sustainability Implementation Plan FAQs
2018-2020 Sustainability Implementation Plan (SIP) FAQ’s
Have we set interim greenhouse gas (GHG) emissions reductions targets?
No, just the 80x30 target; we'll manage reduction trends, rather than attempt to
manage them on a year to year basis. That said, we estimate that the Key Actions
outlined in the 2018-2020 Sustainability Implementation Plan and other actions (aside
from purchasing carbon offsets) could enable Palo Alto to reduce GHG emissions to
more than 50% of 1990 levels by 2020 as the SIP is implemented—but this will depend
on the pace of implementation.
What GHG emissions reductions will we achieve in FY 18?
Palo Alto’s recently approved Carbon Neutral Natural Gas Plan will help us reduce
reportable GHG emissions to about 54% of 1990 levels. By purchasing carbon offsets for
our natural gas emissions, Palo Alto will finance cost-effective GHG reductions
elsewhere, while we continue to explore ways to further reduce natural gas use and
emissions through efficiency and electrification initiatives.
What are carbon offsets?
A carbon offset is a financial instrument that "offsets" one actor's GHG emissions by
investing in reducing the GHG emissions of another actor, generally to provide greater
emission reductions at lower cost. Common examples include tree planting and clean-
energy projects ranging from distributing efficient cook stoves in Africa to capturing
methane gas from landfill sites to generating methane from dairy waste. Offsets are
subject to rigorous certification protocols, and are sold in units of metric tons of carbon
dioxide equivalent (MTCO2e).) Offsets are a bridge, not a solution. Offsets move capital
in support of further GHG emissions reductions.
How will the City of Palo Alto use offsets?
Palo Alto’s “Carbon Neutral Natural Gas Plan” achieves carbon neutrality for the gas
supply portfolio by 1) purchasing high-quality environmental offsets equivalent to our
City and community natural gas emissions (~29% of our carbon footprint); 2) pursuing
efficiency strategies to reduce natural gas use, and 3) seeking opportunities to fund local
offsets that finance actual emissions reductions in Palo Alto and the surrounding region.
Natural gas offsets will help us reduce reportable GHG emissions to about 54% of 1990
levels. (See also: The Role and Prices of RECs and Offsets in Climate and Energy Plans1)
What are the carbon savings from electrification?
The City Council approved a Carbon Neutral Electric Resource Plan in March 2013 -
committing Palo Alto to using carbon neutral electric resources. This makes our town
1 https://epicenergyblog.com/2016/04/27/the-role-and-prices-of-recs-and-offsets-in-climate-and-energy-plans/
Attachment D: 2018-2020 Sustainability Implementation Plan FAQs
2018-2020 Sustainability Implementation Plan FAQ’s Page 2 of 4
one of only a handful of places on Earth that is using 100%* carbon-neutral electricity.
(*Note: This refers to emissions from electricity generation, not the construction of
generating facilities.)
In keeping with the City's efforts to combat climate change, this plan effectively
eliminates all GHG emissions from the City's electric portfolio. The Carbon Neutral Plan
achieves carbon neutrality for the electric supply portfolio at a cost expected to be less
than $0.001/kWh above the already anticipated cost of $0.004/kWh to meet the City’s
renewable energy portfolio standard goal.
In 2012, before the Carbon Neutral Plan was approved, GHG emissions related to brown
power supply were 145,404 MT of CO2e, or about 25% of our total GHG emissions.
What is the future evolution of the City’s carbon neutral electric portfolio?
When the Carbon Neutral Electric Plan was approved, the City initially purchased short-
term renewable resources and/or renewable energy certificates (RECs) to supplement
existing and committed long-term renewable and hydroelectric resources.
Moving forward, long-term renewable resources will provide about a 50% RPS level
within the existing 0.5 ₵/kWh annual RPS rate limit. Since about 50% of the electric
supply portfolio is already sourced from carbon-free hydroelectric resources, the
additional cost of achieving carbon neutrality between 2017 and 2020 is very small.
What are product life cycle emissions and consumption-based emissions?
Product life cycle emissions (also called “embodied emissions”) are all the emissions
associated with the production and use of a specific product, from cradle to grave,
including emissions from raw materials, manufacture, transport, storage, sale, use and
disposal. These are not reportable under our GHG reporting protocols, but they do
represent real climate impacts generated by City and community purchases and use of
products.
Consumption-based emissions are emissions associated with local consumption of
goods and services, regardless of where they were produced. Emissions tied to goods
produced locally for export are typically
excluded.
The life cycle emissions approach
encompasses the full lifecycle emissions of
goods and services. Emissions are estimated
based on spending by households and
government entities, and in certain inventory
approaches, certain types of purchases made
by businesses (e.g., capital and inventory
formation).
Attachment D: 2018-2020 Sustainability Implementation Plan FAQs
2018-2020 Sustainability Implementation Plan FAQ’s Page 3 of 4
Unsurprisingly, this type of emissions accounting typically results in a much higher total
carbon footprint as it counts global, not just local, emissions related to a community’s
economic activity.
For Palo Alto, the estimate is more than three times our currently reportable emissions.
More than half of this impact is tied to consumption of food, goods and services. The
remainder comes from home energy use and transportation fuels - the traditional
focus of many urban sustainability programs.
Household consumption contributes the majority of consumption-based emissions
with government and businesses contributing the remainder.
The majority of consumption based emissions come from three categories: vehicles
and parts, appliances (including heating/cooling) and food.
Does Palo Alto include airport and air-travel emissions in its GHG calculations?
Airport emissions are considered consumption-based emissions, and are not included in
community GHG emissions inventories. GHG emissions related to air travel are not
reportable in community GHG emissions inventory (but would be included in a
consumption-based GHG emissions inventory, presenting an estimated 6% of total
household carbon footprint).
Why is the City of Palo Alto building more parking garages? Won't that encourage people to
drive instead of using other means to get downtown?
The City Manager and staff (as well as the 1998 Comp Plan and the ongoing update)
envision a future in which the use of single occupant vehicles will decline, reducing the
need for parking. We are actively nurturing this vision with policies and actions in
Downtown and elsewhere (including establishment of the TMA, introduction of parking
pricing, more effective management of the parking we already have, and development
of Mobility As A Service solutions through our Federal Transit Administration grant and
other programs). This future will also be advanced by changes in the marketplace, such
as the expansion of ridesharing companies and the development and deployment of
autonomous vehicles.
Meanwhile, we need to address today’s challenges, including current parking demand,
without precluding or discouraging future progress, and without wasting resources.
We’ll also need to anticipate how current parking lots could be redeveloped with other
uses as parking demand declines in the future.
How is the Sustainability Implementation Plan being integrated with the Comprehensive Plan
Update?
Palo Alto’s Comprehensive Plan Update and the 2017-2020 Sustainability
Implementation Plan are being developed in parallel; both address issues related to
sustainability, including reducing greenhouse gas (GHG) emissions and single occupant
Attachment D: 2018-2020 Sustainability Implementation Plan FAQs
2018-2020 Sustainability Implementation Plan FAQ’s Page 4 of 4
vehicle trips, conserving energy, water, and other natural resources, and adapting to
expected changes in climate and resulting impacts such as sea level rise, drought,
increased flooding and fire risk, etc.
The Comprehensive Plan Update embraces principles of sustainability via new goals,
policies, and implementation programs, particularly in the Transportation, Land Use &
Community Design, Natural Environment, and Safety elements of the updated plan. A
subcommittee of the Citizens Advisory Committee worked across elements on this issue.
The S/CAP and the SIP will in some cases be more specific than the Comprehensive Plan
Update with regard to GHG reduction strategies and addressing other sustainability-
related topics.
Both the Comprehensive Plan Update and the Sustainability Implementation Plan will
require review pursuant to the California Environmental Quality Act (CEQA); the
Environmental Impact Report (EIR) that is being prepared for the Comprehensive Plan
Update will contain a conservative (i.e. probably high) forecast of community-wide GHG
emissions in the year 2030.
Attachment E: 2018-2020 Sustainability Implementation Plan Background
2018-2020 Sustainability Implementation Plan (SIP) Background
In response to Council questions on June 5, staff has prepared this informational report, which
both brings forward specific data from the Sustainability and Climate Action Plan (S/CAP)
presented to Council April 2016 (and the 2015 analyses that supported it), provides additional
background and context to Council concerns, and clarifies the prioritization logic behind staff
recommendations. Staff prepared, as requested, a shorter, more tightly focused FY18
Sustainability Implementation Plan (SIP) for Council review.
1. GHG Reduction Budget
To achieve an 80% reduction target by 2030, Palo Alto will need to meet a target “GHG
reduction budget” of about 224,600 MT CO2e. The S/CAP analysis projected that
117,900 MT CO2e, or more than half of the needed additional reductions, can come
from mobility related measures, 97,200 MT CO2e, or just under half from efficiency and
fuel switching measures (largely in buildings), and 9,500 MT CO2e, or 4% from
continuation and extension of Palo Alto’s zero waste initiatives.1
1.1. 80x30 GHG Reduction Budget (MT CO2e)2
1 As explained in detail in the S/CAP, BAU1 represents the impacts of State measures already in force. BAU2
represents existing PA initiatives. If Palo Alto does nothing more than these, projected emissions will be ~368,000
mT by 2030. If Palo Alto enacts the measures proposed in the S/CAP, projected emissions will be ~153,000 mT.
2 Palo Alto emissions in the 1990 baseline year are estimated at 765,920 MT CO2e, a restatement of prior
estimates of 780,119 MT CO2e due to changes in “Lifecycle Emissions from Annual Total Waste placed in Landfills”
and “Landfilling Recyclable Material” emissions, which have been updated based on the most recent EPA Waste
Reduction Model (WARM) methodology
Complete
In Progress
Proposed
Remaining
Attachment E: 2018-2020 Sustainability Implementation Plan Background
2018-2020 Sustainability Implementation Plan Background Page 2 of 8
1.2. Scale of projected reductions from each strategy/action (in order of cost-
effectiveness)
This “waterfall” chart summarizes the estimated emissions reduction potential of the
proposed strategies (which is broken out in more detail in the table following).
Attachment E: 2018-2020 Sustainability Implementation Plan Background
2018-2020 Sustainability Implementation Plan Background Page 3 of 8
1.3. S/CAP Strategies to Achieve 80 x 30 Goal3
This table summarizes the estimated emissions reduction potential of the
proposed strategies, and the key jurisdictions responsible for implementation
of each measure.
Levers Goals Strategy 2030 Performance Target GHG
Avoided
in 2030
(MT
CO2e)
Percent of
Total
_S/CAP_
Emissions
Reductions
Percent of
Reductions
from 1990
Baseline
Jurisdiction
PA = Palo
Alto
R = Regional
S = State
Re
t
h
i
n
k
i
n
g
M
o
b
i
l
i
t
y
Expand
non-auto
mobility
options
T-FAC-1. Expand bicycle
infrastructure
Increase bike boulevard
miles to 26 miles
Increase in bike mode share
to 30%
8,400
4% 1% PA
T-FAC-2. Expand transit
options
Increase transit ridership by
60%
19,200
9% 2% PA, R
T-FAC-3. Grow ridesharing
services and mobility apps
Increase in rideshare mode
6,400
3% 1% PA
Create
right
financial
incentives
T-INC-1. Provide universal
transit passes
75% of residents and
employees have universal
transit passes
7,600
3% 1% PA
T-INC-2. Implement parking
pricing and “feebates”
50% of sites have parking
pricing
18,400
8% 2% PA
Adapt land
use
patterns
T-LU-1. Increase zero-
impact, mixed use housing
Target 2.95 jobs-housing
ratio
2,900
1% 0.5% PA
Reduce
carbon
intensity of
vehicles
T-EV-1. Electrify Palo Alto-
based vehicles
90% of vehicles based in
Palo Alto are zero emission
25,200
11% 3% PA
T-EV-2. Electrify inbound
vehicles
50% of inbound (not based
in Palo Alto) vehicles are
zero emission
29,800
13% 4% PA, R
El
e
c
t
r
i
f
y
i
n
g
o
u
r
C
i
t
y
Reduce use
in existing
businesses
NG-COMM-1. Electrify
water heating in businesses
85% of commercial water
heating is electric
21,200
9% 3% PA, S
NG-COMM-2. Electrify
space heating in businesses
85% of commercial space
heating is electric
15,900
7% 2% PA, S
NG-COOK-1. Electrify
commercial cooking
50% of commercial cooking
is electric
11,300
5% 1% PA, S
Reduce use
in existing
homes
NG-RES-1. Electrify
residential water heating
Close to 100% of water
heaters are electric
13,600
6% 2% PA, S
NG-RES-2. Electrify
residential space heating
70% of residential space
heating is electric
23,300
10% 3% PA, S
Reduce use
in new
buildings
NG-GAS-1. Encourage all-
electric new buildings
New buildings are zero net
energy ahead of state
targets
11,900
5% 2% PA, S
Ze
r
o
W
a
s
t
e
Enhance
programs $
infrastructu
re
SW-1. Achieve zero waste Achieve 95% diversion rate
9,500
4% 2% PA
TOTAL 224,600 100% 29%
3 The figures in this table are estimates based on staff and consultant analyses of potential GHG reductions from
each strategy. These estimates are built on documented assumptions, and are subject to many variables (including
technology and costs) that could change over the 2030 horizon. (The Percent of Total _S/CAP_ Emissions
Reductions does not appear to total 100% due to rounding of the individual items.)
Attachment E: 2018-2020 Sustainability Implementation Plan Background
2018-2020 Sustainability Implementation Plan Background Page 4 of 8
2. Greenhouse Gas (GHG) Mitigation Costs
This “McKinsey Chart” summarizes the abatement potential, cost and required
investment of GHG mitigation options. The height of each box represents the average
net cost of abating one ton of CO2e (carbon dioxide equivalent) through that activity.
The chart is ordered left to right, from the lowest mitigation cost opportunities to the
highest. The opportunities that appear below the horizontal axis offer net financial
savings; opportunities that appear above the horizontal axis are expected to come at a
net cost.
2.1. Figure: GHG Abatement Cost Curve
Attachment E: 2018-2020 Sustainability Implementation Plan Background
2018-2020 Sustainability Implementation Plan Background Page 5 of 8
3. Action priorities
3.1. Prioritizing Actions by GHG Impact and Mitigation Cost
The relative GHG reduction impacts and associated “mitigation costs” to
achieve those reductions (in $/mT CO2e reduction) are shown in the figure
below. The measures further to the right indicate greater GHG reduction
impact; the measures higher on the chart indicate more favorable economics.
The ovals highlight proposed implementation priorities (reflecting impact, cost
and feasibility).
Priority 1: Electrify Palo Alto-based and inbound vehicles
Priority 2: Encourage all-electric new buildings; Provide universal transit passes
Priority 3: Expand transit options; implement parking pricing
($700)
($600)
($500)
($400)
($300)
($200)
($100)
$0
$100
$200
0 5,000 10,000 15,000 20,000 25,000 30,000 35,000
Ma
r
g
i
n
a
l
A
b
a
t
e
m
e
n
t
C
o
s
t
(
$
/
M
T
C
O
2
e
)
Emissions Avoided in 2030 (MT CO2e)Expand bicycle infrastructure
Expand transit options
Grow ridesharing services and
mobility apps
Provide universal transit
passes
Implement parking pricing
Electrify Palo Alto-based
vehicles
Electrify inbound vehicles
Electrify water heating in
businesses
Electrify space heating in
businesses
Electrify commercial cooking
Electrify residential water
heating
Electrify residential space
heating
Encourage all-electric new
buildings
1
2
3
Attachment E: 2018-2020 Sustainability Implementation Plan Background
2018-2020 Sustainability Implementation Plan Background Page 6 of 8
4. Climate Action Plan Practices
Local Climate Action Plans vary in scope and depth, but there are common elements in
all of them. The Climate Action Plans we reviewed—a few of which are summarized
below—all had a main GHG reduction goal; supporting goals; strategies to support the
goals; and measures or actions for each strategy. There were only two areas that every
Climate Action Plan included: Transportation and Energy.
4.1. Table Comparing Scope and Depth of Selected Climate Action Plans
Jurisdiction/Agency To
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City of New York, NY 216 27 14 14 121 15 23 2 27 23 16
City of Portland, OR 144 46 21 20 29 3 14 11 21
City of Palo Alto, CA (SCAP) 127 32 20 26 23 10 9 7 5 20 12
City of Cambridge, MA 98 41 10 30
5 12 11
City of Palo Alto, CA (SIP) 77 17 12 11 11 10 9 7 5
Port of San Diego, CA 68 31 14 12 5 3 3
City of Copenhagen,
Denmark 64 17 18 29
City of National City, CA 61 11 14 12 7 12 5
San Diego Association of
Governments 59 11 12 12 6 12 6
City of San Francisco, CA 50 25 5 7
4 9
City of Boulder, CO 41 8 13 7 3 7 3 3
City of Burlington, VT 39 7 3 16 3 1 3 6 3
City of Vancouver, Canada 37 4 3 11 4 11 4 6 8
City of Santa Monica, CA4 15 3 1 3 2 1 4 1
4 A 2013 plan focused on 15 measures to deliver 15% GHG reduction by 2015.
Attachment E: 2018-2020 Sustainability Implementation Plan Background
2018-2020 Sustainability Implementation Plan Background Page 7 of 8
5. Community Engagement5
City staff has relied on the contributions of community members and other stakeholders
(in addition to consultants from DNV GL and Rocky Mountain Institute) in shaping its
sustainability efforts. These include:
5.1. A community climate summit on January 24, 2016 brought together more
than 500 engaged and committed citizens (including most Councilmembers)
who worked on the challenges of water, energy, and transportation.
5.2. The City hosted an open-invitation “Climate Ideas Expo” in November 2018 to
invite ideas from the community to help advance the City’s sustainability goals.
This dynamic event introduced the S/CAP and highlight global best practices
and municipal advancements in sustainability. More than 80 community
members participated; 18 presented “poster sessions” proposing initiatives to
advance sustainability and climate action in Palo Alto and the region.6
5.3. About 40 local and national experts participated in a day-long SCAP design
charrette in October 2014 to frame the SCAP approach, share best practices,
etc.
5.4. 400+ people participated in a richly textured on-line poll identifying
community concerns and priorities
5.5. Staff engaged regularly with members of the Urban Sustainability Directors
Network to share and validate analyses, best practices and practical concerns
in the development and adoption of climate plans.
5.6. An SCAP advisory board, appointed by City Manager, met every month or two
through the SCAP development process to advise and guide staff and
consultants
Fahmida Ahmed, Stanford Sustainability
Lisa Altieri, Go CO2 Free
Karrie Armel, Stanford
Jim Baer, Palo Alto Land Use
Stuart Bernstein, Goldman Sachs
Bruce Cahan, Urban Logic
Peter Drekmeier, Tuolumne River Trust
Jessica Epstein, Silicon Valley Association of Realtors
Marianna Grossmann, Sustainable Silicon Valley (former director)
Russell Hancock, Joint Venture Silicon Valley
Walt Hays, CEAP
Bruce Hodge, Carbon Free Palo Alto
AC Johnston, Morrison Foerster
Judy Kleinberg, Palo Alto Chamber
5
http://www.cityofpaloalto.org/services/sustainability/sustainability_and_climate_action_plan/community_engage
ment/default.asp
6 http://www.cityofpaloalto.org/civicax/filebank/documents/45052
Attachment E: 2018-2020 Sustainability Implementation Plan Background
2018-2020 Sustainability Implementation Plan Background Page 8 of 8
Adina Levin, Friends of Caltrain
Demetra McBride, Santa Clara County
Melanie Nutter, SF Dept of Environment (former director)
Thomas Odenwald, SAP (former)
LisaMarie Santiago, VM Ware
Tony Seba, Stanford
Sandra Slater, Cool Block
Mitch Slomiak, Menlo Spark
Lisa Van Dusen, SV2
Kathi Vian, Institute for the Future
Mila Zelkha, Palantir
TO:
CI TY 0 F
PALO
ALTO
HONORABLE CITY COUNCIL
15
FROM: ED SHIKADA, ASSISTANT CITY MANAGER/ UTILITIES GENERAL MANAGER
DATE:
SUBJECT:
DECEMBER 11, 2017
AGENDA ITEM NUMBER 15, Discuss the Draft 2018-2020 Sustainability
Implementation Plan {SIP} Key Actions as a Work Program for 2018-2020 and Direct
Staff on Next Steps
Executive Summary
At its December 6, 2017 meeting the Utilities Advisory Commission (UAC} discussed the
Sustainability and Climate Action Plan (S/CAP} Implementation Plan (SIP} described in staff report
8487 and to be discussed by the Council tonight. The minutes from that meeting are attached.
Attachment
A. Draft Excerpted Minutes of the December 6, 2017 Utilities Advisory Commission Meeting
Ed Shikada
General Manager/ Assistant City Manager
Utilities Department
CITY OF
PALO
ALTO
EXCERPTED DRAFT MINUTES OF THE AUGUST 2, 2017
UTILITIES ADVISORY COMMISSION MEETING
ITEM 3: DISCUSSION: Discussion of Sustainability and Climate Action Implementation Plan
ATIACHMENTA
Jonathan Abendschein, Assistant Director of Utilities Resource Management said Council would be
discussing the Sustainability and Climate Action Plan (S/CAP) Implementation Plan (SIP) at its December 11,
2017 meeting, and staff was looking for feedback from the Utilities Advisory Commission (UAC) on the plan.
He said four key areas of the S/CAP were being highlighted in the SIP: electric vehicles, energy, water, and
mobility. The SIP was focused on what would be done in these areas through 2020, at which point staff
would return with an expanded SIP for the period through 2030. He said that in the area of electric vehicles,
the focus was on building out electric vehicle infrastructure. Chargers were being installed in publicly-
owned parking areas, and the City had started a program to provide rebates for charging infrastructure on
private property in multi-family and small non-profit structures where it is more difficult to install chargers.
Christine Tam, Senior Resource Planner, spoke about the energy section of the SIP. She said the focus was
on two things: first, make sure energy is used efficiently, and two, shifting energy use from natural gas to
cleaner electricity where appropriate. The City was using carbon offsets to compensate for natural gas use
in the short term. This was a transitional measure that would continue as long as was needed. At the same
time, to reduce natural gas use, the City continued to push for more efficiency in buildings through
voluntary programs and mandates, and was also working to jump-start building electrification, focusing on
voluntary heat pump water heater programs to start, and working to discover how to spur significant
uptake for these technologies. Lastly, planning for resilience, electric supply impacts, and the impact of
reduced sales on the gas utility were important, and would be explored through utility strategic planning
processes.
Karla Dailey, Senior Resource Planner, spoke about the water section of the SIP. She said that in the water
area the City would continue to help people use water efficiently and reduce per-capita water use. There
was also a focus on the idea of "the right water for the right use." For example, it might not make sense to
use imported water from the Hetch Hetchy system to flush toilets when that could be accomplished with
other water sources. Recycling more of the wastewater processed by the RWQCP was important, both for
the opportunity to use recycled water to replace potable water, and to reduce the outflow of treated
wastewater to the San Francisco Bay. One important near-term project was building a project at the
Regional Water Quality Control Plant to reduce the salinity of Palo Alto's recycled water to make it more
desirable. Lastly, storm water management was another important aspect of protecting the Bay and
reducing water waste, and the Green Storm Water Infrastructure Plan would address this issue.
Gil Friend, Chief Sustainability Officer spoke about the mobility section of the SIP. Mobility was a key area of
the S/CAP. Transportation was the largest emissions source for the City, and vehicle traffic could impact the
quality of life in the community. There were a variety of mobility strategies to be explored in the following
few years, including education-related programs, incentives, and possibly mandates. There was more work
to be done before specific proposals would be brought forward.
Commissioner Johnston asked what the implication would be for the City's electric supply if the City were
successful in driving substantial building electrification. Solar generation did not operate at night. Would
there be renewable energy at night to fuel these electrified appliances?
Abendschein said that topic would be addressed as part of the City's Integrated Resource Plan for its
electric utility. He noted that the City's portfolio was fairly diversified, with solar only 30% of the electric
supply. He also pointed out that the heat pump technologies staff was proposing to use would be more
efficient than gas technologies even if fueled by the current California energy mix, which includes much
more gas than Palo Alto's portfolio.
Friend said energy storage would also be an important part of the solution to that issue.
Commissioner Forssell thanked staff for pointing out that heat pumps could be more efficient than gas,
even if fueled by the California energy mix. She sometimes struggled to see the difference between Palo
Alto's electric portfolio and the idea of buying offsets to compensate for the community's natural gas use,
but efficiency was always positive. She asked whether staff had considered methane leakage associated
with transporting gas to Palo Alto.
Dailey said it was a difficult thing to quantify. There was no consensus on how to measure that leakage.
Abendschein also noted that the cap and trade program in California makes the gas transmission owner
responsible for gas emissions. It may not be responsible for gas leakage in transmission in pipelines leading
to California, but inside California this issue was starting to be addressed.
Commissioner Schwartz said the City's goals for carbon reduction were too aggressive and not based in
practicality. They were more aggressive than the State goals, which were the most aggressive in the nation.
She said the 1990 emissions baseline used as a reference point was not a good measure because Palo Alto
had been a bedroom community at that time, while it was now a destination. Building electrification was a
distraction. It was a small carbon impact. Pushing for electrification was imprudent before getting a second
transmission feeder in place because of issues of resiliency in the electric system. It was a higher priority to
purchase backup equipment to make sure the City could get substations back online in a disaster. The City
should focus instead on ensuring that solar systems were able to provide some level of resiliency by being
paired with storage or installed as part of a microgrid. She said it was not a good idea to provide rebates to
customers to buy EVs. She was also skeptical of "vehicle to grid" technologies. She thought the focus on
expanding EV infrastructure was a good one.
Abendschein clarified that the presentation gave the wrong impression, and that the City was not planning
to provide rebates for residents who purchase EVs, only for installing EV infrastructure.
Councilmember Filseth asked what keeps people in Palo Alto from buying electric vehicles.
Shikada said there were a lot of opinions on that question. Staff would be exploring that through a survey.
An example of something he believed was a significant barrier was the difficulty of residents in condos or
apartments to install charging infrastructure in multi-family housing. -
Friend agreed. He noted that costs for EVs were decreasing. He said people sometimes had stereotypes
about EVs that could be overcome through efforts like EV ride and drive events.
Commissioner Schwartz said some people valued luxury or low cost over the environmental value of an EV.
It was easy to project your own worldview onto others. People who are environmentally focused think
others are focused on that too, while they might actually be more interested in comfort. It was a mistake to
assume that everyone in Palo Alto was environmentally focused.
Commissioner Forssell noted that there were low-cost electric vehicles availabl.e, especially with the State
and Federal incentives. She applauded the focus on EV charging infrastructure.
Chair Danaher supported the plan. He referenced the greenhouse gas (GHG) abatement cost curve in
Exhibit E of the report, noting that residential space heating was one of the more expensive measures. This
chart did not necessarily capture all measures, such as energy efficiency in buildings or denser housing. If
Palo Alto were going to be a model, it was important to focus on the most cost-effective solutions. He said
the plan noted the importance of cost-effectiveness, but on page five of the plan, he noted that there was a
"Design Principle" that stated "Use ambient resources: Maximize the efficient capture and use of the
energy and water that fall on Palo Alto." He said that might be a good goal for water supply, but if it implied
expanding the number of solar installations in Palo Alto, it might not be the most cost-effective use of City
resources.
Friend agreed with the need to focus on cost-effective efforts. He said "cost-effectiveness" was listed at the
beginning of the plan as a principle that applies to every goal in the plan rather than being stated
repeatedly throughout the document. He spoke to Commissioner Schwartz's comment on not forcing
people to adopt electrification technologies. He agreed. However, the City could educate them and provide
them the best options to take advantage of these technologies if they chose to do it. He spoke to her
comment on the aggressiveness of the goals. He thought the goal was grounded and he believed the
community would be able to accomplish those carbon reduction goals. He said there was appetite in the
community to do something leading edge, and the goals could be adjusted as the community learned more
about how to achieve them.
Commissioner Schwartz said the City was behind on certain types of technology, and it was unlikely the
community would be able to leapfrog ahead of other utilities that had better technology in place. She said
these technologies took time to put in place. Those technologies made a critical difference in managing
energy use. It was fine to be slower to adopt new technologies, but it was not realistic to adopt aggressive
carbon goals at the same time.
Chair Danaher said cost effectiveness had to be looked at across all sectors. He noted that the Carbon
Neutral electric supply portfolio did not involve supplying renewable energy at all times during the day or
year. As a result, the goal of electrifying all gas use might not be the most cost-effective approach to carbon
reduction. It bothered him to see that stated as "the goal" for the long term. It would be a good place to
include the words "where cost-effective" for that goal, specifically. He looked forward to more discussion of
the topic of electric supply with staff. He also thought it was important to think about alternative electric
vehicles like electric bikes and skateboards and whether there was anything the City should be doing to
encourage these transportation modes. He did not know if there was anything, but it was worth
considering. The future would have much more variety in transportation modes. He also thought it was
important to consider energy storage and the role of utilities in EV charging infrastructure. He expected to
learn more in future meetings he was going to have with European utilities. Overall, though, he thought the
plan was excellent.
Commissioner Segal spoke to the question of why people stopped biking after they got out of high school.
She said she tried to bike as much as possible, but there were barriers that made it difficult, such as finding
places to lock her bike and the connectivity of bike lanes through the City in the east-west direction.
Friend noted the success Palo Alto had in bicycle use, with 44% of students biking to school. The City
Manager had convened a Manager's mobility partnership with the city managers from Menlo Park,
Mountain View, Redwood City, and Stanford to look at collaborative approaches to bikability.
Chair Danaher suggested reducing the parking area at the high schools. He said there were small one-
person vehicles that could be used for shopping, the City could get some of those on the road as examples.
It came down to convenience and cost.
Friend said it was important to encourage people rather than punish them.
Commissioner Forssell was pleased to see that the City planned to explore non-potable water sources. She
remembered a public comment sharing some data about basement dewatering. She asked whether there
were any updates on that issue.
Shikada said there was an item on the December 11, 2017 Council agenda to codify certain measures
related to groundwater dewatering.
Dailey said the focus was on reducing groundwater pumping rather than putting it to use, since it was
difficult to build adequate water distribution infrastructure for such a temporary use.
NO ACTION
City of Palo Alto (ID # 8612)
City Council Staff Report
Report Type: Action Items Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Roth Building Lease Option Extension
Title: Status Update and Discussion of the Roth Building Rehabilitation, 300
Homer Avenue; Recommendation to Approve a One–Year Extension of the
Option to Lease the Roth Building Between the City of Palo Alto and the Palo
Alto History Museum
From: City Manager
Lead Department: Administrative Services
RECOMMENDATION
Staff provides this update regarding fundraising and planning for rehabilitation of the Roth
Building at 300 Homer Avenue, and requests that Council approve the following
recommendations:
1) Discuss the status of the Roth Building rehabilitation and provide any direction to
staff; and
2) Approve a one year extension of the Option to Lease the Roth Building between City
of Palo Alto and the Palo Alto History Museum.
EXECUTIVE SUMMARY
Over the past ten years, the Palo Alto History Museum (PAHM) has engaged in various
strategies and activities to raise funds from private and public sources to undertake a seismic
and historical rehabilitation of the Roth Building and to operate a historical museum at this
location.
After several past presentations to Council requesting public funding, on December 15, 2015,
City Council passed a motion instructing staff to identify $1.0 million to fund rehabilitation costs
for the Roth building. All potential sources were examined and staff recommends that the
Budget Stabilization be drawn down to provide the $1.0 million. The Museum representatives
asserted that with this contribution and the sale of Transportation Development Rights (TDRs),
further fundraising would gain traction.
Prior to this action, Council approved the designation of the Roth Building as a “Sender Site” in
the TDRs program. The TDRs were put to bid and sold. This raised $2.88 million. On June 29,
City of Palo Alto Page 2
2015, the Council approved a budget amendment in the capital improvement to establish a
Roth Building rehabilitation reserve in the fund in the amount of $3.88 million.
PAHM has hired a new executive director with strong local ties to the City to spearhead the
fund raising efforts. As of now the total amount raised by PAHM including the City and TDR
funding, new pledges, restricted and unrestricted donations since the beginning of the year
stands at $5.7 million. PAHM continues to work on fundraising, and has an expectation of other
donations in the very near future.
The Conditional Use Permit (CUP) and Architectural Plan Review for the historical Museum
expired at the end of December of 2014. PAHM applied again for City’s customary planning
reviews to update the expired Condition Use Permit (CUP) and was granted approval on
February 18, 2016 which was effective until March 3, 2017. City granted a one-time extension
pursuant to Palo Alto Municipal Code (PAMC) Ch.18.77.090 to extend the approved entitlement
to March 3, 2018. The proposed project will be resubmitted (ARB) in November of 2017 for final
review regarding landscaping and some minor changes. Once ARB has given its final approval,
PAHM can apply for the building permit.
The Option to Lease between the City and PAHM will expire on December 31, 2017. It will need
to be extended to allow for the museum project to move forward. Staff requests that Council
review and approve the History Museum’s request (Attachment A) for another one year
extension of the option to lease agreement on the Roth building to allow PAHM to continue its
fund raising effort to reach $9.2 million that is needed to cover the cost of the rehabilitation of
the building. Including the City contribution of $4.3 million the total raised by PAHM is $5.7
million.
BACKGROUND
Background information on the development of the Roth Building since the City’s acquisition in
April 2000 is extensive. Since 2007, Museum personnel and City staff have examined a variety
of proposals to fund the capital and operating needs of the Roth Building historical museum.
Additional background information can be found by referring to CMRs: 2197, 2891, 4703, 5365
5551 and 5879.
In April 2000, the City Council approved the $1,957,000 purchase of the Roth Building and its
0.41 acre site for potential development as a “public facility or alternative use if a public facility
is not feasible,” in conjunction with the South of Forest Avenue Coordinated Area Plan (SOFA
CAP). The Palo Alto Historical Museum (PAHM) proposed project is to renovate the existing
19,059 square feet building and add 582 square feet to the existing square feet (Attachment B)
to the Roth Building. This would accommodate: a basement egress stairway; additional first
floor level area for additional gallery space; new second floor space for exhibits and archives;
and add space at roof level to have an open roof area (Attachment C). For an additional
detailed description of rehabilitation plans, please note Report to Historical Resource Board &
Architectural Review Board (ARB) on February 16, & 17, 2011.
City of Palo Alto Page 3
In 2014, The Museum board hired a professional executive director, Myron Freedman to
explore strategic alternatives and direction and to raise funds for the museum. An experienced
executive director with a strong career in history museums statewide, Myron brought a new
vision to the project, expanding on what it means to be a museum in the modern age, and--by
defining possible exhibit scenarios to develop what the new Palo Alto History Museum would
become. New board members joined the team to help advance the cause. Today (2017), City
historian Steve Staiger and Beth Bunnenberg from the beginning of the project remain active
on the board. Currently there are eleven board members of whom seven have joined the Board
in last three to four years. In April of 2017, executive director Myron Freedman left to take the
helm of Nevada State Museum. The board appointed its development director Laura Bajuk to
take his place. She is a seasoned executive director and a long-time Palo Alto resident with
extensive experience in history museums in Los Gatos and Los Altos, and is bringing new energy
and ideas to PAHM. The goal is to strengthen the Museum in order to make it financially stable,
well-governed, programming effectively, and engaging actively in the community. According to
Laura Bajuk, today, the best history museums are centers of heritage. They are places where
people gather: for fellowship, as safe places to study after school, or meet friends. On exhibits,
the visitors see their many, diverse, stories told from various points of view and they see
themselves making history come alive, and relevant. “Inspired learning” happens in museums –
education that is personal, unique to each visitor, and enriching for all ages and abilities. In
short, museums build community.
The PAHM board (eleven members) has gained a better understanding of these principles. In
the past two years, the Board and community stakeholders participated in a design summit at
Stanford’s Design School which followed a board retreat featuring design-thinking. A branding
workshop led by Katherine Wurzburg educated the board on conveying key messages, bringing
their diverse approaches to sharper focus.
Due to rising construction costs, the funding goal for rehabilitation of the Roth Building has
increased dramatically, from about $6 million in 2005 to $9.2 million today. PAHM is also
working to raise an additional $10.2 million in order to subsequently provide a top-quality
museum experience, adding state-of-the-art exhibits and collections and archives care, among
other museum fittings. Operations funds were also added to the goal, to insure that the new
museum will have access to resources to hire professional staff and develop new exhibits.
DISCUSSION
City Activity on Funding
Over the past few meetings between the Historical Museum and the City Council, the Council
directed staff to take two actions to support the capital needs for the Roth Building: 1) the sale
of TDRs and 2) the identification of $1.0 million from available City resources. Staff has
completed these assignments.
City of Palo Alto Page 4
Since the Roth Building has historical designation, staff followed the provisions for eligible City-
owned buildings to participate in the TDR program as outlined in Chapters 18.18.080 and
18.28.060 of the Palo Alto Municipal Code (PAMC). The program allows a Category 2 resource,
(the Roth Building) to be eligible as a “sender site” for a 9,592 square foot floor area bonus.
City staff prepared and issued a request for bids (RFB) to market the Roth Building TDRs on
Monday April 20th 2015 and closed the bidding on Tuesday May 5, 2015. The minimum price set
was $200 per square foot and the highest bid received was for $300.25 per square foot. This
resulted in a sale for $2.88 million. The proceeds of the sale in funds totaling $2.88 million were
deposited in a special fund to be used toward the rehabilitation of the Roth Building. The funds
plus interest earnings will be eligible for release in increments when PAHM has fulfilled its fund
raising goal for the construction phase of the project from other potential sources.
In addition to the sale of TDRs, staff identified $1.0 million in funding for Roth Building capital
costs. All potential sources were examined and the Budget Stabilization was drawn down to
provide the $1.0 million. Historical Museum representatives asserted that with this contribution
and the sale of Transportation Development Rights (TDRs), further fundraising would gain
traction
PAHM Activity on Funding
PAHM has focused on moving this project forward by raising funds from private donors and
applying for grants from various sources. Under the direction of Laura Bajuk, PAHM has been
developing new strategies for fundraising and for program development at the Museum. A
summary on the fund raising update and capital budget for Roth Building renovation can be
found in following table. The projected capital cost is $9.2 million. The TDR sale and $1.0
million previously funded from the GF Budget Stabilization Reserve provides $3.88 million of
capital funds. PAHM has spent an additional $600,000 on initial Capital project investment
(architectural, arborist, City and contractor fees, not shown in the table).
Budget Table: Phase One – Calendar Year 2018 Rehabilitation of the Roth Building
Item Description Other Funding Sources
Identified & Projected
Projected cost
Building Project Total
Rehabilitation Cost
$9.2 million
City’s contribution: TDR +
rehabilitation of back wall +
Library Impact Fee + Interest
$4.3 million
Museum raised up to date
(cash & pledges)
$1.4 million
Phase One – Present Capital
Shortfall
($3.5 million)
Staff requests that Council review the History Museum’s request for another one year
extension of the option to lease agreement on the Roth building.
City of Palo Alto Page 5
TIMELINE
Staff will return to Council in the future with periodic updates, In the meantime, the Palo Alto
Historical Museum will continue its effort for fund raising until it is ready to exercise its option
to enter into lease with City for Roth Building and to begin the rehabilitation of the Roth
Building. Under the term of the option, the staff must verify that all funds are available to start
and complete the rehabilitation of the Building.
RESOURCE IMPACT
TDRs from the Roth Building sold for $2.88 million, plus an additional $1.0 million is available
for Roth Building capital costs. This totals to $3.88 million in resources. These funds plus
interest earned and library impact fee will be released in increments upon receipt of invoices
for capital costs incurred for rehabilitation of the Roth Building.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies.
ENVIRONMENTAL REVIEW
Designation of the Roth Building site as an eligible TDR “sender” site is Categorically Exempt
from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15305,
Minor Alterations in Land Use Limitation. The rehabilitation project is Categorically Exempt
from CEQA review pursuant to CEQA guidelines section 15331, Historical Resource
Restoration/Rehabilitation, as a project limited to maintenance, repair, and rehabilitation in
accordance with the secretary of interior standards for historic preservation.
Attachments:
Attachment A: PAHM Letter requesting extension 10.17.17
Attachment B: Roth Bldg Footage Areas
Attachment C: Roth Bldg Plans
October 17, 2017
James Keene
City Manager, City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Jim:
I am pleased to send this letter to gratefully request a one-year extension of the current lease option for
the Roth Building which will expire on December 31, 2017.
We are making progress on our immediate fundraising goal (which was $3.7 million as of our last
communication) to bridge the gap needed to begin construction. We have validated our financial
standing in a six-month financial review while continuing to actively fundraise using both new and
established methods.
Anticipating our appearance at the November 27 Council meeting, we are preparing updated financial
statements, and a summary of our progress to share with staff and Council. Hamid Ghaemmaghami has
been very helpful in advising us on procedure.
We appreciate the City of Palo Alto’s patience as we work to complete our fundraising to start
construction. We have much to build on with our recent funding success in the coming months, and
would greatly appreciate you considering a 12-month extension on our lease option so that we can reach
our goal.
Thank you for continued support and your consideration of our request.
Best regards,
Rich Green
President, Palo Alto History Museum
rich@richgreenink.com
cc: City of Palo Alto:
Hamid Ghaemmaghami
Lalo Perez
Molly Stump
Palo Alto History Museum:
Laura Bajuk, Interim Director
Kitzi Tanner, Construction Project Manager
PS: Please note that, unlike our last appearance before Council, we are not asking for additional funding, only for an
extension to the lease option.
HONORARY CHAIR
Dean Clark
BOARD OF
DIRECTORS
Rich Green
President
Patricia Sanders
Vice President
Barbara Wallace
Secretary
Katie Seedman
Treasurer
Susan Beall
Beth Bunnenberg
Kevin Curry
Doug Kreitz
Nancy L. Peters
Nancy Shepherd
Steve Staiger
Lanie Wheeler
STAFF
Laura Bajuk
Interim Director
Crystal Taylor
Assistant to the
Director
Kitzi Tanner
Construction Project
Manager
Tax ID 77-0634933
(E) ELEVATOR
PENTHOUSE WITH
CLAY TILE ROOF
(E) CLAY ROOF TILE, TO
BE REMOVED & STORED
FOR REINSTALLATION
AFTER SEISMIC
UPGRADE WORK TYP.
(N) CLAY TILE ROOF,
THIS AREA ONLY
-TO MATCH(E)
(E) FLAT ROOF
(N) CLAY TILE ROOF,
THIS AREA ONLY
-TO MATCH(E)
(N) MTL. TRELLIS AT
BALCONY
(N) MTL. TRELLIS
(N) CLAY TILE ROOF, THIS
AREA ONLY - TO MATCH(E)
(N) MTL. TRELLIS
AT BALCONY
SEE PLAN 2 ON SHEET A-2.12
FOR ROOF LEVEL LAYOUT
(N) CHIMNEY
(N) GUTTER ON BOTH
SIDES OF GABLE, TYP.
(N) GUTTER ON BOTH
SIDES OF GABLE
(E) WALL BELOW
PR
O
P
.
LI
N
E
PROPERTY LINE
LEASE LINE
LE
A
S
E
L
I
N
E
B
B.5
C
D
D.3
D.7
E
A
1.3 1.5 2 2.3 2.5 2.7 3.1 3.3 43.5
1 2.1 3
1.3
SLOPE FLAT ROOFS ON
ENCLOSURE MIN. 1/4" PER
FOOT TO LOW POINT, TYP.
DOWNSPOUT THIS SIDE OF GABLE TO
FLOOR DRAIN AT BALCONY BELOW, TYP.
REINSTALL (E) GUTTERS
(STORED ON SITE) WHERE
MISSING. SEE ELEV. SHEET
A-3.11 FOR (N) INSTALLATION
& REPAIR NOTE
REINSTALL SALVAGED (E) CLAY
TILE ROOF w/ GUTTER TO MATCH
ORIGINAL CONFIGURATION
DRAIN & WALKING SURFACE TO (N)
THROUGH WALL SCUPPER CONNECTED TO
DOWNSPOUT
REMOVE (E) SCUPPER
2016 - 074
SHEET NO.
SCALE
PROJ. NO.
DATE
DRAWN
PHASE
CHECKED
REVISIONDATENO.
REHABILITATION OF
ROTH BUILDING
FOR THE
PALO ALTO
HISTORY MUSEUM
LOCATED AT
300 HOMER AVE.
PALO ALTO, CA 94301
P.A. HISTORY MUSEUM
CD
MS, CL
CL
582 MARKET STREET
SUITE 1800
SAN FRANCISCO, CA 94104
T: 415.391.9633
F: 415.391.9647
www.garavaglia.com
I NC.
SCALE: 1/8"=1'-0"
ROOF PLAN 2'0 4'6'10'
A-2.13
07 MAY 2010 PLANNING SUBMITTAL
PROPOSED
ROOF PLAN
7 MAY 2010
8 DEC 2010 CUP/ARB/HRB SUBMITTAL
1/8" = 1'-0"
17 AUG 2011 PERMIT SUBMITTAL
14 SEPT 2011 RESPONSE TO COMMENTS
9 DEC 2011 RESPONSE TO COMMENTS
11 JAN 2016 ADDITIONAL
CUP COMMENTS
21 DEC 2016 PERMIT SUBMITTAL
____________ RESPONSE TO COMMENTS
TOI
230C
(E) CLAY TILE ROOF
22
'
-
1
1
"
34
'
-
1
1
1
/
2
"
BALCONY
228
ARCHIVES
213A
(E) ELEV.
STAIR #2
235B
STAFF
LOUNGE
236
CNTRL
POINT
CNTRL
POINT
B
B.5
C
D
D.3
D.7
E
1.3 1.5 2 2.3 2.5 2.7 3.1 3.3 43.5
F
1 2.1 3
7'
-
6
"
CNTRL
POINT
CNTRL
POINT
BALCONYBALCONY
(N) WINDOW TYP.
(N) METAL
TRELLIS BELOW
SEE DET. 11/A-8.10
VOLUNTEER
LOUNGE
222
BOARD RM.
226
EXHIBIT
GALLERY
212A
CORR.
230B
CORR.
211
STAIR #1
210
MEDIA
ARCHIVE
223
STOR.
234
213B
212B
227B
FD
AD AD
INSTALL TWO (2) (N)
PAIR OF FRENCH
DOORS TO MATCH (E)
LOCATED IN RM. 226
INSTALL PAIR OF (N)
WOOD SCREEN DOORS
TO MATCH (E) IN RM. 226
1'-6" MIN.
MEDIA
STUDIO
229
R
JANITOR'S
CLOSET
221
DW
CORR.
235A
B.5
C
D
D.3
D.7
E
1.3 1.5 2 2.3 2.5 2.7 3.1 3.3 43.5
F
1 2.1 3
UNOCCUPIED AREA
(E) LOW WALL
(E) LOW WALL
ELEV.
MECH RM.
311
ROOF
STAIR #1
310
BREAK IN ROOF PLANE
MAINTAIN (E) SURFACE
TO SCUPPER TO
DOWNSPOUT DRAINAGE
1. REPAIR, PATCH AND PAINT AREAS OF WALL AND
CEILING PLASTER DAMAGE, AND SURFACES
DISTURBED BY DEMOLITION AND (N) CONSTRUCTION ,
WITH DIAMOND LATH AND THREE-COAT PLASTER
FLOOR PLAN KEY NOTES:
FLOOR PLAN NOTES:
2. - PORTABLE FIRE EXTINGUISHER TO BE
AFFIXED ON A MOUNTING BRACKET
4. PROVIDE SHEET MTL. FLASHING AT ALL ROOF
PENETRATIONS AS RECOMMENDED BY THE MOST
CURRENT VERSION OF THE ARCHITECTURAL
SHEET METAL MANUAL BY S.M.A.C.N.A. SEE
SPECIFICATIONS FOR REQUIRED SEALANTS.
3. ALL DISPLAYS AND WORK IN ENTRANCE
ARCADE 101, ELEVATOR, STAIR #1, ROOMS 117,
134, 136A, 136B, 138, 139, 140 AND 141 TO BE
SELF-SUPPORTING OR REMOVABLE AND NOT
ATTACHED TO WALLS OR CEILING.
5. PROTECT THE (E) ENTRY FRESCO MURALS AND
LOGGIA MEDALLIONS. RESTORATION AND
CONSERVATION OF MURALS BY OTHERS
PROTECT THE (E) ENTRY FRESCO MURALS AND
LOGGIA MEDALLIONS
PROVIDE (N) 8'-0" HIGH CASED OPENING U.O.N.
6. REPAIR ALL (E) STEEL FRAMED WINDOWS.
REPLACE BROKEN OR CRACKED GLASS IN KIND.
REPAIR AND RESTORE HARDWARE. REPAIR
MISSING TRIM, REPLACE IF NEEDED. SEE WINDOW
SCHEDULE FOR ADDITIONAL INFO.
7. REPAIR OR REPLACE IN KIND DAMAGED OR STAINED
GLUED IN PLACE ACOUSTIC CEILING TILES.
CLEAN, RESTORE AND PROTECT RADIATOR AND COVER
CLEAN, RESTORE AND PROTECT FLEXWOOD WALL
CLADDING. REPAIR AND ONLY REPLACE IF ABSOLUTELY
REQUIRED.
INVESTIGATE WATERPROOFING AND ROOFING
UNDER WALKING SURFACE. REPAIR IF NEEDED.
8. INSTALL PAINTED WOOD TRIM BASE. SEE
SCHEDULE FOR LOCATIONS
PROVIDE EXIT SIGN READING "EXIT" AND TACTILE EXIT
SIGNAGE
PROVIDE PANIC HARDWARE AS REQUIRED BY CODE
PROVIDE 1 HOUR FIRE-RATED DOOR IN EXIT ENCLOSURE
PROVIDE 1 HOUR FIRE-RATED DOOR IN FIRE
BARRIER WALL
AUTOMATIC DOOR REQUIRED AT LIFT; PROVIDE
ACCESSIBLE CONTROLS AND TACTILE SIGNAGE
INSTALL OWNER-SUPPLIED RECEPTION DESK; ADD (N)
FREESTANDING ACCESSIBLE COUNTER WITH TOP
SURFACE AT 34" A.F.F. ADJACENT TO DESK
9. ALL NEW AND EXISTING ENTRY/EXIT DOORS TO
RECEIVE (N) ACCESSIBLE THRESHOLDS. SEE SHEET
A-8.10 DETAIL 4. FIELD VERIFY THAT ALL (E)
THRESHOLDS TO REMAIN MEET ACCESSIBLE
REQUIREMENTS PER DETAIL. REPLACE IF NECESSARY.
10. SEE DETAIL 4 ON SHEET A-9.10 FOR CODE
REQUIRED SIGNAGE ON ACCESSIBLE PATHS, FOR
ACCESSIBLE TOILET ROOMS AND IDENTIFICATION
SIGNAGE. SEE SHEET A-1.11 FOR LOCATION
PROVIDE SIGNAGE @ (E) NON-ACCESSIBLE TOILETS TO
STATE, "THIS IS NOT AN ACCESSIBLE TOILET ROOM".
PROVIDE CODE REQ'D SIGNAGE w/ UNIVERSAL SYMBOL OF
ACCESSIBILITY & CONTRASTING, TACTILE LETTERING &
ARROW INDICATING DIRECTION OF ACCESSIBLE TOILETS
AS SHOWN IN DETAIL 10/A-9.10. TO BE LOCATED @
HISTORIC TOILET ROOMS AS SHOWN IN DETAIL 4/A-9.10.
11. ACCESSIBLE DOORS REQUIRING BOTH STRIKE SIDE
CLEARANCE HAVE CLEARANCES NOTED. DOORS NOT
HAVING BOTH LATCH & CLOSER DO NOT REQUIRE PUSH
SIDE CLEARANCE. OTHER DOORS ARE NOTED IN DOOR
SCHEDULE TO BE HELD OR FIXED IN OPEN POSITION.
OWNER TO PROVIDE 4' WIDE x 6' LONG WALK-OFF MATS
AT BUILDING ENTRIES.
2016 - 074
SHEET NO.
SCALE
PROJ. NO.
DATE
DRAWN
PHASE
CHECKED
REVISIONDATENO.
REHABILITATION OF
ROTH BUILDING
FOR THE
PALO ALTO
HISTORY MUSEUM
LOCATED AT
300 HOMER AVE.
PALO ALTO, CA 94301
P.A. HISTORY MUSEUM
CD
MS, CL
CL
582 MARKET STREET
SUITE 1800
SAN FRANCISCO, CA 94104
T: 415.391.9633
F: 415.391.9647
www.garavaglia.com
I NC.
TRUE
2'0
SCALE: 1/8"=1'-0"
SECOND FLOOR PLAN
SCALE: 1/8"=1'-0"
ROOF PLAN (PARTIAL)
REF N
4'6'10'
PROPOSED SECOND
AND ROOF PLAN
FLOOR PLAN
7 MAY 2010 PLANNING SUBMITTAL
10 OCT 2008
8 DEC 2010 CUP/ARB/HRB SUBMITTAL
17 DEC 2010 PART 2 SUBMITTAL
1/8" = 1'-0"
17 AUG 2011 PERMIT SUBMITTAL
14 SEPT 2011 RESPONSE TO COMMENTS
9 DEC 2011 RESPONSE TO COMMENTS
30 OCT 2015 RESPONSE TO
CUP COMMENTS
11 JAN 2016 ADDITIONAL
CUP COMMENTS
21 DEC 2016 PERMIT SUBMITTAL
A-2.12
____________ RESPONSE TO COMMENTS
(N) DOOR TO MATCH
ORIGINAL HISTORIC WITH
SAME STILE, RAIL AND
MUNTIN PATTERN. TYP. OF
THREE (3) EXTERIOR DOORS
AT RM. 141, 126 AND 130
COURTYARD
ELEV.
35'-9 1/2"
10
6
'
-
3
1
/
2
"
45
'
-
1
"
48
'
-
4
"
36'-0 1/2"35'-9 1/2"
107'-7 1/2"
113'-9"
ROTATING
GALLERY
109A
SERV. CORR. 130
EDUCATION
RESOURCE
ROOM
131
CNTRL
POINT
GALLERY
120
RECEIVING
134
EXIT STAIR FROM
BASEMENT
ENTRANCE
ARCADE
101
LEGACY
HALL
103
ADMINISTRATIVE
OFFICE
139
ADMINISTRATIVE
OFFICE
138
ADMINISTRATIVE
OFFICE
140
DR. CLARK'S
OFFICE
117
GALLERY
113
ADMINISTRATIVE
OFFICE
137
JANITOR'S FLOOR SINK
ACCESSIBLE
CHANGING ROOM
AND LOCKERS FOR
CAFE STAFF
(E) MURALS (E) MURALS
PROPERTY LINE
PR
O
P
E
R
T
Y
L
I
N
E
PROPERTY LINE
CORR.
129
ARCADE
VEST.
135A
141
CORR.
142
VEST.
136A
STAIR #1
110
COMMUNITY
ROOM
108
CAFE
106
ST
A
I
R
#
2
11
2
B
CORR.
112A
107
109B
10
6
'
-
3
1
/
2
"
(N
)
A
D
D
I
T
I
O
N
(N) ACCESSIBLE
PUBLIC TOILET
A
B
B.5
C
D
D.3
D.7
E
2 2.3 2.5 2.7 3.1 4
1. REPAIR, PATCH AND PAINT AREAS OF WALL AND
CEILING PLASTER DAMAGE, AND SURFACES
DISTURBED BY DEMOLITION AND (N) CONSTRUCTION ,
WITH DIAMOND LATH AND THREE-COAT PLASTER
FLOOR PLAN KEY NOTES:
FLOOR PLAN NOTES:
2. - PORTABLE FIRE EXTINGUISHER TO BE
AFFIXED ON A MOUNTING BRACKET
4. PROVIDE SHEET MTL. FLASHING AT ALL ROOF
PENETRATIONS AS RECOMMENDED BY THE MOST
CURRENT VERSION OF THE ARCHITECTURAL
SHEET METAL MANUAL BY S.M.A.C.N.A. SEE
SPECIFICATIONS FOR REQUIRED SEALANTS.
3. ALL DISPLAYS AND WORK IN ENTRANCE
ARCADE 101, ELEVATOR, STAIR #1, ROOMS 117,
134, 136A, 136B, 138, 139, 140 AND 141 TO BE
SELF-SUPPORTING OR REMOVABLE AND NOT
ATTACHED TO WALLS OR CEILING.
5. PROTECT THE (E) ENTRY FRESCO MURALS AND
LOGGIA MEDALLIONS. RESTORATION AND
CONSERVATION OF MURALS BY OTHERS
PROTECT THE (E) ENTRY FRESCO MURALS AND
LOGGIA MEDALLIONS
PROVIDE (N) 8'-0" HIGH CASED OPENING U.O.N.
6. REPAIR ALL (E) STEEL FRAMED WINDOWS.
REPLACE BROKEN OR CRACKED GLASS IN KIND.
REPAIR AND RESTORE HARDWARE. REPAIR
MISSING TRIM, REPLACE IF NEEDED. SEE WINDOW
SCHEDULE FOR ADDITIONAL INFO.
7. REPAIR OR REPLACE IN KIND DAMAGED OR STAINED
GLUED IN PLACE ACOUSTIC CEILING TILES.
CLEAN, RESTORE AND PROTECT RADIATOR AND COVER
CLEAN, RESTORE AND PROTECT FLEXWOOD WALL
CLADDING. REPAIR AND ONLY REPLACE IF ABSOLUTELY
REQUIRED.
INVESTIGATE WATERPROOFING AND ROOFING
UNDER WALKING SURFACE. REPAIR IF NEEDED.
8. INSTALL PAINTED WOOD TRIM BASE. SEE
SCHEDULE FOR LOCATIONS
PROVIDE EXIT SIGN READING "EXIT" AND TACTILE EXIT
SIGNAGE
PROVIDE PANIC HARDWARE AS REQUIRED BY CODE
PROVIDE 1 HOUR FIRE-RATED DOOR IN EXIT ENCLOSURE
PROVIDE 1 HOUR FIRE-RATED DOOR IN FIRE
BARRIER WALL
AUTOMATIC DOOR REQUIRED AT LIFT; PROVIDE
ACCESSIBLE CONTROLS AND TACTILE SIGNAGE
INSTALL OWNER-SUPPLIED RECEPTION DESK; ADD (N)
FREESTANDING ACCESSIBLE COUNTER WITH TOP
SURFACE AT 34" A.F.F. ADJACENT TO DESK
9. ALL NEW AND EXISTING ENTRY/EXIT DOORS TO
RECEIVE (N) ACCESSIBLE THRESHOLDS. SEE SHEET
A-8.10 DETAIL 4. FIELD VERIFY THAT ALL (E)
THRESHOLDS TO REMAIN MEET ACCESSIBLE
REQUIREMENTS PER DETAIL. REPLACE IF NECESSARY.
10. SEE DETAIL 4 ON SHEET A-9.10 FOR CODE
REQUIRED SIGNAGE ON ACCESSIBLE PATHS, FOR
ACCESSIBLE TOILET ROOMS AND IDENTIFICATION
SIGNAGE. SEE SHEET A-1.11 FOR LOCATION
PROVIDE SIGNAGE @ (E) NON-ACCESSIBLE TOILETS TO
STATE, "THIS IS NOT AN ACCESSIBLE TOILET ROOM".
PROVIDE CODE REQ'D SIGNAGE w/ UNIVERSAL SYMBOL OF
ACCESSIBILITY & CONTRASTING, TACTILE LETTERING &
ARROW INDICATING DIRECTION OF ACCESSIBLE TOILETS
AS SHOWN IN DETAIL 10/A-9.10. TO BE LOCATED @
HISTORIC TOILET ROOMS AS SHOWN IN DETAIL 4/A-9.10.
11. ACCESSIBLE DOORS REQUIRING BOTH STRIKE SIDE
CLEARANCE HAVE CLEARANCES NOTED. DOORS NOT
HAVING BOTH LATCH & CLOSER DO NOT REQUIRE PUSH
SIDE CLEARANCE. OTHER DOORS ARE NOTED IN DOOR
SCHEDULE TO BE HELD OR FIXED IN OPEN POSITION.
OWNER TO PROVIDE 4' WIDE x 6' LONG WALK-OFF MATS
AT BUILDING ENTRIES.
F
1 1.3 1.5 2.1 3 3.3 3.5
7'
-
6
"
(E) ELEVATOR TO BE RESTORED AND
RETURNED TO WORKING ORDER.
ELEVATOR CONTROLS TO BE UPDATED
FOR CURRENT ACCESSIBILITY
STANDARDS. SEE SHEET A-9.11
REPAIR AND PATCH
AREA OF RADIATOR
AND COVER REMOVAL.
SEE SHEET A-2.01.
REINSTALL RADIATORS AND
COVERS IN ROOMS 134 AND
138, SALVAGED FROM EXIST.
ROOMS 121A AND 123. SEE
SHEET A-2.01.
REINSTALL XRAY
COVER SALVAGED
FROM RM 114A. COVER
MAY NEED TO BE
ALTERED TO FIT V.I.F.
FD
INSTALL (N) VERTICAL
FOLD-DOWN BABY
CHANGING STATION AT
CODE REQUIRED HGT.
LE
A
S
E
L
I
N
E
LEASE LINE
(N) SURFACE MT. ROLL
TOWEL DISPENSER OR
HAND DRYER AND
TRASH
12" MIN.
STAIR #3
SIM
OVERHEAD
ROLL-UP
GRILLE
TRASH &
RECYCLING
132
FD
FD
JAN.
128D
CHANGE
ROOM
128C
WOMEN'S
128A
MEN'S
128B
CLO.
118B
JAN.
CLO.
115A
TOI
115B
5'
-
0
"
126
(N) TAKE-OUT COUNTER
AND FABRIC AWNING
ABOVE
STOR.
135B
STOR.
136B
120A
120B
120C
120D
120E
120F
120L
120K
120J
120H
120G
(N) ATTIC ACCESS HATCH
3'-0" CLR.
/
(
9
(
/
/
$
1
'
,
1
*
SCALE: 1/8"=1'-0"
FIRST FLOOR PLAN
7 MAY 2010 PLANNING SUBMITTAL
2'0 4'6'10'
10 OCT 2008
WALL LEGEND
(N) PROPOSED WALL
(E) CONCRETE WALL
(E) WALL OR MATERIAL
TO BE REMOVED
1 HR FIRE-RATED ASSEMBLY;
SEE DTL 2 OR 3 ON SHEET A-9.10
2 HR FIRE-RATED ASSEMBLY;
SEE DTL 5 ON SHEET A-9.10
8 DEC 2010 CUP/ARB/HRB SUBMITTAL
17 DEC 2010 PART 2 SUBMITTAL
1/8" = 1'-0"
17 AUG 2011 PERMIT SUBMITTAL
14 SEPT 2011 RESPONSE TO COMMENTS
9 DEC 2011 RESPONSE TO COMMENTS
29 JUN 2012 LEED CLARIFICATION
30 OCT 2015 RESPONSE TO
CUP COMMENTS
2016 - 074
SHEET NO.
SCALE
PROJ. NO.
DATE
DRAWN
PHASE
CHECKED
REVISIONDATENO.
REHABILITATION OF
ROTH BUILDING
FOR THE
PALO ALTO
HISTORY MUSEUM
LOCATED AT
300 HOMER AVE.
PALO ALTO, CA 94301
P.A. HISTORY MUSEUM
CD
MS, CL
CL
582 MARKET STREET
SUITE 1800
SAN FRANCISCO, CA 94104
T: 415.391.9633
F: 415.391.9647
www.garavaglia.com
I NC.
A-2.11
PROPOSED FIRST
FLOOR PLAN
21 DEC 2016 PERMIT SUBMITTAL
____________ RESPONSE TO COMMENTS
ELEV.
PI
P
E
T
R
E
N
C
H
PI
P
E
T
R
E
N
C
H
PIPE TRENCHPIPE TRENCH
APPROXIMATE
LOCATION OF
(E) 16" x 16" MANHOLE
TYP. OF 4, V.I.F.
KEYED
ACCESS
(N) EXIT STAIR
PIPE TRENCH
1 1.3 1.5 2 2.3 2.5 2.7 3 3.1 3.3 3.5 4
B
B.5
C
D
D.3
D.7
E
A
2.1
STAIR #3
B13B
STAIR #1
B10
EXHIBITION
SUPPORT
B12
STORAGE
B13
STORAGE
B14
STORAGE
B15
STORAGE
B17
STOR
B16
CORRIDOR
B11B
AD
PROVIDE (N) INVERTED "U"
PIPE FOR LONG-TERM
BICYCLE PARKING FOR
LOCKING MIN. OF THREE (3)
BIKES. FINISH AND BRAND
TO MATCH THOSE
INDICATED ON LANDSCAPE
DWGS. REVERSE SWING
ON DOOR AND PROVIDE
LOCK WITH MULTIPLE KEYS
TO BE ISSUED TO BLDG.
OWNER FOR DISTRIBUTION
TO BIKE OWNERS
AD
(N) BUILDING OUTLINE
ABOVE AT FIRST FLOOR
5'
-
0
"
2'
-
0
"
MI
N
.
4'-0"
MIN.
CORRIDOR
B11A
(N) MAIN SWITCH BOARDS &
PANELS, SEE ELEC. DWGS.
3'-0" CLR.
3'
-
0
"
CL
R
2016 - 074
SHEET NO.
SCALE
PROJ. NO.
DATE
DRAWN
PHASE
CHECKED
REVISIONDATENO.
REHABILITATION OF
ROTH BUILDING
FOR THE
PALO ALTO
HISTORY MUSEUM
LOCATED AT
300 HOMER AVE.
PALO ALTO, CA 94301
P.A. HISTORY MUSEUM
CD
MS, CL
CL
582 MARKET STREET
SUITE 1800
SAN FRANCISCO, CA 94104
T: 415.391.9633
F: 415.391.9647
www.garavaglia.com
I NC.
A-2.10
PROPOSED BASEMENT
FLOOR PLAN
7 MAY 2010 PLANNING SUBMITTAL
10 OCT 2008
WALL LEGEND
(N) PROPOSED WALL
(E) CONCRETE WALL
(E) WALL OR MATERIAL
TO BE REMOVED
1 HR FIRE-RATED ASSEMBLY;
SEE DTL 2 OR 3 ON SHEET A-9.10
2 HR FIRE-RATED ASSEMBLY;
SEE DTL 5 ON SHEET A-9.10
8 DEC 2010 CUP/ARB/HRB SUBMITTAL
17 DEC 2010 PART 2 SUBMITTAL
1/8" = 1'-0"
17 AUG 2011 PERMIT SUBMITTAL
9 DEC 2011 RESPONSE TO COMMENTS
REF N
TRUE
2'0 4'6'10'
SCALE: 1/8"=1'-0"
BASEMENT PLAN
21 DEC 2016 PERMIT SUBMITTAL
____________ RESPONSE TO COMMENTS
City of Palo Alto (ID # 8466)
City Council Staff Report
Report Type: Informational Report Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Middlefield Road North Traffic Safety Project Mid-pilot
Report
Title: Accept Middlefield Road North Traffic Safety Project Mid-Pilot Report
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
This report is provided for information only and requires no Council action.
Background
On January 23, 2017 Council approved the implementation of a one-year traffic safety
pilot for Middlefield Road between the Menlo Park city limits and University Avenue.
Installation was completed in mid-June 2017. Background information on the project
can be found here:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=55488. Staff will
return to City Council in July 2018, one-year after the implementation of the pilot for
direction on whether to make the improvements permanent or modify the alternative
and complete additional monitoring.
The technical memorandum, included as Attachment A, describes the results of the pre-
pilot and mid-pilot data collection efforts. The purpose of this report is to provide
Council with a mid-year update on the Middlefield Road North Traffic Safety Project
one-year pilot, which is currently underway.
Discussion
The results of the mid-pilot data collection are mixed, though no major issues were
identified. Some key takeaways include:
Collision rate has remained static
Observed near-misses have increased slightly
Average motor vehicle speeds have remained static or gone down on all area
roadways except for Hawthorne Avenue, Everett Avenue, and Fulton Street (no
local street exceeds the traffic calming speed threshold for a local street)
City of Palo Alto Page 2
Outdoor sound levels have remained relatively unchanged
Motor vehicle traffic volumes at intersections has decreased slightly, while bicycle
and pedestrian traffic has increased
Delay at Middlefield Road and Lytton Avenue intersection has increased slightly
Motor vehicle traffic volumes on segments has increased on all area roadways
except for Middlefield Road north of Everett Avenue, Hawthorne Avenue and
Everett Avenue, with Webster Street approaching the traffic calming volume
threshold for a local street (Hawthorne Avenue and Everett Avenue were already
above this threshold prior to the pilot)
Public support for the project has increased
At this time, Staff does not recommend making any changes to the roadway
configuration. However, at the conclusion of the one-year pilot, minor modifications
may be recommended if current trends continue.
Resource Impact
Not applicable.
Timeline
The one-year pilot is scheduled to end in June 2018 and a final report will be presented
to City Council in August 2018. At the conclusion of the pilot, City Council may adopt
the current configuration as a permanent feature, direct staff to modify the current
configuration, or direct staff to revert to the pre‐pilot conditions. If the project is made
permanent, Staff will identify opportunities to add landscaping and other aesthetic
features.
Environmental Review
Not applicable.
Attachments:
Attachment A - Middlefield Road North Traffic Safety Project Mid-pilot Report
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4/18/2017 -
4/19/2017
Middlefield Road from Palo Alto Avenue
(west) to Palo Alto Avenue (east) 26 27 28 33 27 28 28 33 26 27 28 33
4/18/2017 -
4/19/2017
Middlefield Road from Hawthorne Avenue
to Everett Avenue 26 28 28 34 26 27 28 33 26 28 28 33
4/18/2017 -
4/19/2017
Middlefield Road from Everett Avenue to
Lytton Avenue 26 27 28 32 23 24 28 31 24 26 28 32
4/18/2017 -
4/19/2017
Webster Street from Lytton Avenue to
Everett Avenue 17 18 23 24 21 21 23 27 19 20 23 25
4/18/2017 -
4/19/2017
Byron Street from Lytton Avenue to Everett
Avenue 17 18 23 23 18 19 23 24 17 19 23 24
4/18/2017 -
4/19/2017
Palo Alto Avenue from Middlefield Road to
Fulton Street 17 18 18 22 17 18 18 22 17 18 18 22
4/18/2017 -
4/19/2017
Fulton Street from Lytton Avenue to
University Avenue 15 17 8 23 17 18 23 23 16 17 18 23
4/18/2017 -
4/19/2017
Fulton Street from Lytton Avenue to Everett
Avenue 19 21 23 26 18 20 23 25 19 20 23 25
4/18/2017 -
4/19/2017
Guinda Street from Lytton Avenue to
University Avenue 12 13 8 18 14 16 18 19 13 15 8 19
4/18/2017 -
4/19/2017
Hawthorne Avenue from Byron Street to
Middlefield Road 17 18 18 22 16 17 18 22 16 17 18 22
4/18/2017 -
4/19/2017
Everett Avenue from Byron Street to
Middlefield Road 15 17 18 20 18 19 18 23 16 17 18 22
4/18/2017 -
4/19/2017
Everett Avenue from Middlefield Road to
Fulton Street 18 19 23 23 20 21 23 24 19 20 23 24
10/4/2017 -
10/5/2017
Middlefield Road from Palo Alto Avenue
(west) to Palo Alto Avenue (east) 24 25 28 29 22 23 23 29 23 24 28 29
10/4/2017 -
10/5/2017
Middlefield Road from Hawthorne Avenue
to Everett Avenue 27 27 28 32 23 25 28 31 25 26 28 31
10/4/2017 -
10/5/2017
Middlefield Road from Everett Avenue to
Lytton Avenue 27 28 28 32 25 26 28 33 26 27 28 33
- Webster Street from Lytton Avenue to
Everett Avenue - - - - - - - - - - - -
10/4/2017 -
10/5/2017
Byron Street from Lytton Avenue to Everett
Avenue 19 20 23 24 19 20 23 25 19 20 23 25
10/4/2017 -
10/5/2017
Palo Alto Avenue from Middlefield Road to
Fulton Street 16 17 18 19 17 18 18 22 16 17 18 21
- Fulton Street from Lytton Avenue to
University Avenue - - - - - - - - - - - -
10/4/2017 -
10/5/2017
Fulton Street from Lytton Avenue to Everett
Avenue 16 18 18 23 17 19 23 23 17 18 18 23
10/4/2017 -
10/5/2017
Guinda Street from Lytton Avenue to
University Avenue 14 16 18 19 13 15 8 19 14 15 18 19
10/4/2017 -
10/5/2017
Hawthorne Avenue from Byron Street to
Middlefield Road 19 20 23 24 18 18 18 23 18 19 18 23
- Everett Avenue from Byron Street to
Middlefield Road - - - - - - - - - - - -
10/4/2017 -
10/5/2017
Everett Avenue from Middlefield Road to
Fulton Street 19 21 23 25 19 21 23 24 19 21 23 24
10/25/2017 -
10/26/2017
Middlefield Road from Palo Alto Avenue
(west) to Palo Alto Avenue (east) 25 26 28 31 24 26 28 32 24 26 28 32
10/25/2017 -
10/26/2017
Middlefield Road from Hawthorne Avenue
to Everett Avenue 26 27 28 31 23 25 28 31 24 26 28 31
10/25/2017 -
10/26/2017
Middlefield Road from Everett Avenue to
Lytton Avenue 24 24 23 39 17 19 8 28 21 23 23 28
10/25/2017 -
10/26/2017
Webster Street from Lytton Avenue to
Everett Avenue 16 18 8 24 19 20 23 25 18 19 23 24
10/25/2017 -
10/26/2017
Byron Street from Lytton Avenue to Everett
Avenue 17 18 18 23 19 20 23 24 18 20 23 24
10/25/2017 -
10/26/2017
Palo Alto Avenue from Middlefield Road to
Fulton Street 17 18 18 23 16 17 18 21 17 17 18 22
10/25/2017 -
10/26/2017
Fulton Street from Lytton Avenue to
University Avenue 18 19 18 24 19 20 23 25 19 20 23 25
10/25/2017 -
10/26/2017
Fulton Street from Lytton Avenue to Everett
Avenue 18 20 23 24 19 20 23 25 18 20 23 24
10/25/2017 -
10/26/2017
Guinda Street from Lytton Avenue to
University Avenue 14 16 18 19 9 9 8 16 11 11 8 18
10/25/2017 -
10/26/2017
Hawthorne Avenue from Byron Street to
Middlefield Road 18 19 23 23 17 18 18 22 17 18 18 23
10/25/2017 -
10/26/2017
Everett Avenue from Byron Street to
Middlefield Road 18 18 18 23 18 18 18 22 18 18 18 23
10/25/2017 -
10/26/2017
Everett Avenue from Middlefield Road to
Fulton Street 18 19 23 24 18 19 23 23 17 18 18 23
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Hawthorne
Avenue 4/18/2017 7:55 AM 8:55 AM 0.91 2,391 2,313 78 5 32
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Hawthorne
Avenue 4/19/2017 8:00 AM 9:00 AM 0.93 2,429 2,352 77 14 14
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Hawthorne
Avenue AVERAGE - - 0.92 2,410 2,333 78 10 23
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Hawthorne
Avenue 4/18/2017 11:40 AM 12:40 PM 0.89 2,572 2,510 62 9 10
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Hawthorne
Avenue 4/19/2017 11:25 AM 12:25 AM 0.92 2,547 2,463 84 5 15
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Hawthorne
Avenue AVERAGE - - 0.91 2,560 2,487 73 7 13
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Hawthorne
Avenue 4/18/2017 4:55 PM 5:55 PM 0.92 3,350 3,294 56 8 23
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Hawthorne
Avenue 4/19/2017 4:50 PM 5:50 PM 0.96 3,280 3,216 64 10 25
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Hawthorne
Avenue AVERAGE - - 0.94 3,315 3,255 60 9 24
PRE-PILOT - Middlefield
Road
Hawthorne
Avenue TOTAL - - - 8,285 8,074 211 26 60
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Everett
Avenue 4/18/2017 8:00 AM 9:00 AM 0.90 2,390 2,309 81 12 14
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Everett
Avenue 4/19/2017 8:00 AM 9:00 AM 0.91 2,424 2,346 78 17 15
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Everett
Avenue AVERAGE - - 0.91 2,407 2,328 80 15 15
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Everett
Avenue 4/18/2017 11:35 AM 12:35 AM 0.92 2,291 2,233 58 11 13
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Everett
Avenue 4/19/2017 11:50 AM 12:50 PM 0.91 2,279 2,208 71 10 18
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Everett
Avenue AVERAGE - - 0.92 2,285 2,221 65 11 16
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Everett
Avenue 4/18/2017 4:55 PM 5:55 PM 0.92 3,058 3,012 46 15 27
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Everett
Avenue 4/19/2017 4:45 PM 5:45 PM 0.95 3,028 2,959 69 17 28
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Everett
Avenue AVERAGE - - 0.94 3,043 2,986 58 16 28
PRE-PILOT - Middlefield
Road
Everett
Avenue TOTAL - - - 7,735 7,534 202 41 58
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Lytton
Avenue 4/18/2017 8:00 AM 9:00 AM 0.90 2,744 2,647 97 32 36
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Lytton
Avenue 4/19/2017 7:55 AM 8:55 AM 0.94 2,750 2,652 98 65 31
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Lytton
Avenue AVERAGE - - 0.92 2,747 2,650 98 49 34
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Lytton
Avenue 4/18/2017 11:40 AM 12:40 PM 0.96 2,466 2,410 56 19 27
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Lytton
Avenue 4/19/2017 11:25 AM 12:25 PM 0.94 2,443 2,363 80 14 40
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Lytton
Avenue AVERAGE - - 0.95 2,455 2,387 68 17 34
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Lytton
Avenue 4/18/2017 4:50 PM 5:50 PM 0.96 3,329 3,278 51 36 62
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Lytton
Avenue 4/19/2017 4:45 PM 5:45 PM 0.96 3,328 3,265 63 51 47
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Lytton
Avenue AVERAGE - - 0.96 3,329 3,272 57 44 55
PRE-PILOT - Middlefield
Road
Lytton
Avenue TOTAL - - - 8,530 8,308 223 109 122
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
University
Avenue 4/18/2017 8:00 AM 9:00 AM 0.94 3,151 3,007 144 44 48
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
University
Avenue 4/19/2017 7:50 AM 8:50 AM 0.96 3,215 3,087 128 44 61
PRE-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
University
Avenue AVERAGE - - 0.95 3,183 3,047 136 44 55
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
University
Avenue 4/18/2017 11:40 AM 12:40 PM 0.93 3,471 3,370 101 15 69
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
University
Avenue 4/19/2017 11:25 AM 12:25 PM 0.95 3,501 3,380 121 24 75
PRE-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
University
Avenue AVERAGE - - 0.94 3,486 3,375 111 20 72
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
University
Avenue 4/18/2017 4:35 PM 5:35 PM 0.97 3,488 3,426 62 50 93
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
University
Avenue 4/19/2017 5:00 PM 6:00 PM 0.96 3,501 3,430 71 57 85
PRE-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
University
Avenue AVERAGE - - 0.97 3,495 3,428 67 54 89
PRE-PILOT - Middlefield
Road
University
Avenue TOTAL - - - 10,164 9,850 314 117 216
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Hawthorne
Avenue 10/4/2017 7:45 AM 8:45 AM 0.95 2,256 2,198 58 13 9
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Hawthorne
Avenue 10/5/2017 7:55 AM 8:55 AM 0.91 2,234 2,153 81 25 23
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Hawthorne
Avenue AVERAGE - - 0.93 2,245 2,176 70 19 16
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Hawthorne
Avenue 10/4/2017 11:25 AM 12:25 PM 0.93 2,418 2,358 60 12 8
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Hawthorne
Avenue 10/5/2017 11:45 AM 12:45 PM 0.95 2,443 2,396 47 10 6
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Hawthorne
Avenue AVERAGE --0.94 2,431 2,377 54 11 7
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Hawthorne
Avenue 10/4/2017 5:00 PM 6:00 PM 0.94 3,200 3,152 48 21 28
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Hawthorne
Avenue 10/5/2017 5:00 PM 6:00 PM 0.95 3,176 3,114 62 17 26
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Hawthorne
Avenue AVERAGE --0.95 3,188 3,133 55 19 27
MID-PILOT - Middlefield
Road
Hawthorne
Avenue TOTAL --- 7,864 7,686 178 49 50
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Everett
Avenue 10/4/2017 7:40 AM 8:40 AM 0.95 2,255 2,189 66 30 19
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Everett
Avenue 10/5/2017 7:50 AM 8:50 AM 0.96 2,267 2,200 67 47 26
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Everett
Avenue AVERAGE --0.96 2,261 2,195 67 39 23
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Everett
Avenue 10/4/2017 11:25 AM 12:25 PM 0.92 2,209 2,150 59 15 25
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Everett
Avenue 10/5/2017 11:45 AM 12:45 PM 0.95 2,288 2,232 56 9 20
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Everett
Avenue AVERAGE --0.94 2,249 2,191 58 12 23
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Everett
Avenue 10/4/2017 5:00 PM 6:00 PM 0.97 2,961 2,912 49 28 31
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Everett
Avenue 10/5/2017 4:55 PM 5:55 PM 0.95 2,888 2,831 57 31 45
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Everett
Avenue AVERAGE --0.96 2,925 2,872 53 30 38
MID-PILOT - Middlefield
Road
Everett
Avenue TOTAL --- 7,434 7,257 177 80 83
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Lytton
Avenue 10/4/2017 7:40 AM 8:40 AM 0.97 2,676 2,598 78 68 41
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Lytton
Avenue 10/5/2017 7:55 AM 8:55 AM 0.98 2,673 2,579 94 55 45
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
Lytton
Avenue AVERAGE --0.98 2,675 2,589 86 62 43
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Lytton
Avenue 10/4/2017 12:00 PM 1:00 PM 0.94 2,581 2,518 63 28 52
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Lytton
Avenue 10/5/2017 11:50 AM 12:50 PM 0.98 2,682 2,610 72 28 33
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
Lytton
Avenue AVERAGE --0.96 2,632 2,564 68 28 43
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Lytton
Avenue 10/4/2017 5:00 PM 6:00 PM 0.96 3,309 3,247 62 49 55
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Lytton
Avenue 10/5/2017 4:15 PM 5:15 PM 0.98 3,270 3,214 56 58 58
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
Lytton
Avenue AVERAGE --0.97 3,290 3,231 59 54 57
MID-PILOT - Middlefield
Road
Lytton
Avenue TOTAL -- 8,596 8,383 213 143 142
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
University
Avenue 10/4/2017 7:50 AM 8:50 AM 0.93 3,136 3,004 132 49 70
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
University
Avenue 10/5/2017 8:00 AM 9:00 AM 0.92 3,125 2,984 141 65 79
MID-PILOT 7:00 AM -
9:00 AM
Middlefield
Road
University
Avenue AVERAGE --0.93 3,131 2,994 137 57 75
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
University
Avenue 10/4/2017 11:30 AM 12:30 PM 0.93 3,456 3,344 112 34 76
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
University
Avenue 10/5/2017 11:35 AM 12:35 PM 0.96 3,550 3,395 155 36 73
MID-PILOT 11:00 AM
- 1:00 PM
Middlefield
Road
University
Avenue AVERAGE --0.95 3,503 3,370 134 35 75
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
University
Avenue 10/4/2017 5:00 PM 6:00 PM 0.91 3,559 3,501 58 83 77
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
University
Avenue 10/5/2017 4:05 PM 5:05 PM 0.92 3,391 3,322 69 76 112
MID-PILOT 4:00 PM -
6:00 PM
Middlefield
Road
University
Avenue AVERAGE --0.92 3,475 3,412 64 80 95
MID-PILOT - Middlefield
Road
University
Avenue TOTAL --- 10,109 9,775 334 172 244
127 1 1 1
Despite the signs and barriers,
drivers on both Hawthorne
and Everett still go straight
across or turn left by jogging
to the right around the barrier
then jogging left or turning
left.1,4 1 2
Q1: …I didn't realize my block
would be affected changing 2
straight lanes in to 1 left turn
lane and 1 straight lane.
Q2: morning, mid-day, and
evening
Q5: I travel northbound on
Fulton when there is traffic
and southbound on Guinda
when I can't back out to go
south.
Q6: I am completely in favor
of improving traffic safety,
but too many drivers on
Hawthorne and Everett are
dangerously determined to
go straight across or left on
Middlefield for me to feel
this is an improvement. I
think it slows traffic down
through congestion, not
better safety. Now,
southbound Middlefield is
backing up on a regular basis.
This configuration negatively
impacts me because I now
have to wait 1 or more light
cycles to get out of my
driveway. I've always had to
back out of my driveway.
Backing out is more
dangerous now because the
lane going straight (north)
tends to back up while the
left-hand turn lane on Lytton
doesn't, so cars in that lane
drive fast. If I can't back out
into just the north-bound
lane (because drivers won't
give me room), it creates a
blind situation where a car
turning left could hit me.
It's now almost impossible
for me to back out across
both lanes to go south on
Middlefield. Instead, I have
to turn right on Lytton
(because it's also difficult to
get in the left-hand turn lane
now -see above blind spot
problem), turn right on
Guinda (because it has a
traffic light at University and
Fulton doesn't) and then
head south on Guinda until I
get to Homer to go west or
turn back on to Middlefield
to go south.
Whether I'm coming from
the north or south, getting in
my own driveway is more
difficult. The constant
congestion on northbound
Middlefield on my block
means I have to wait an extra
light cycle or 2 to turn right
into my driveway.
Turning left is also a problem.
Right now, if everyone was
driving legally and not
yielding right of way, I could
only get in to my driveway
heading north and would
have to wait minutes to back
out. Thankfully, drivers allow
me to back out even though
they have right of way, but
they do it when the
northbound light is red. I'm
forcing my way into traffic
which is not safer.
If you ask me if traffic is
"calmer" on the last 4 blocks.
I think it is, mainly because
it's congested.
I don't think it is safer or will
be until there are
consequences for turning
illegally.
I'm sorry I haven't been able
to pay attention to all the
decisions done on this
project, so you might have
already considered and
dismissed this, but would it
help to go back to 4 lanes
and put lights at Hawthorne
and Everett with protected
turn arrows and red light
cameras? I know this would
be more expensive, but there
would be consequences for
turning illegally and
protection to turn. Other
cities have block after block
of traffic lights with success.
I won't pretend to have all
the answers, understand all
the issues or even know what
questions to ask, but this
current configuration doesn't
work for me and my wife.
Can we please try another
one?
I’d like to respond to your questionnaire questions and then add comments.
1. Were you aware of the project prior to receiving this survey?
Yes, but I didn’t realize my block would be affected changing 2 straight lanes in to 1 left turn lane and 1 straight lane.
2. How often do you typically travel along the project corridor?
Multiple times per day – morning, mid-day and evening
3. Do you have any safety concerns about the project corridor?
Yes. Despite the signs and barriers, drivers on both Hawthorne and Everett still go straight across or turn left by jogging
to the right around the barrier and then jogging left or turning left.
4. When traveling along the corridor, what is your typical mode of transportation?
Auto, but I also Walk on it daily.
5. Do you frequently travel along parallel or adjacent streets to Middlefield Rd.?
Yes, I travel northbound on Fulton when there is traffic and southbound on Guinda when I can’t back out to go south.
6. Are you in favor of a lane reduction on Middlefield Road to improve traffic safety?
No. I am completely in favor of improving traffic safety, but too many drivers on Hawthorne and Everett are
dangerously determined to go straight across or left on Middlefield for me to feel this is an improvement. I think it
slows traffic down through congestion, not better safety. Now, southbound Middlefield is backing up on a regular
basis.
This configuration negatively impacts me because I now have to wait 1 or more light cycles to get out of my
driveway. I’ve always had to back out of my driveway. Backing out is more dangerous now because the lane going
straight (north) tends to back up while the left-hand turn lane on to Lytton doesn’t, so cars in that lane drive fast. If I
can’t back out into just the north-bound lane (because drivers won’t give me room), it creates a blind situation where a
car turning left could hit me.
It’s now almost impossible for me to back out across both lanes to go south on Middlefield. Instead, I have to turn right
on Lytton (because it’s also difficult to get in the left-hand turn lane now - see above blind spot problem), turn right on
Guinda (because it has a traffic light at University and Fulton doesn’t) and then head south on Guinda until I get to
Homer to go west or turn back on to Middlefield to go south.
Whether I’m coming from the north or south, getting in to my own driveway is more difficult. The constant congestion
on northbound Middlefield on my block means I have to wait an extra light cycle or 2 to turn right in to my driveway.
Turning left is also a problem. Right now, if everyone was driving legally and not yielding right of way, I could only get in
to my driveway heading north and would have to wait minutes to back out. Thankfully, drivers allow me to back out
even though they have right of way, but they do it when the northbound light is red. I’m forcing my way in to traffic
which is not safer.
If you ask me if traffic is “calmer” on the last 4 blocks, I think it is, mainly because it’s congested.
I don’t think it is safer or will be until there are consequences for turning illegally.
I’m sorry I haven’t been able to pay attention to all the decisions done on this project, so you might have already considered
and dismissed this, but would it help to go back to 4 lanes and put lights at Hawthorne and Everett with protected turn arrows
and red light cameras? I know this would be more expensive, but there would be consequences for turning illegally and
protection to turn. Other cities have block after block of traffic lights with success.
I won’t pretend to have all the answers, understand all the issues or even know what questions to ask, but this current
configuration doesn’t work for me and my wife. Can we please try another one?
City of Palo Alto (ID # 8683)
City Council Staff Report
Report Type: Informational Report Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Property Leases Entered into by City Manager in Fiscal Year
2017
Title: Property Leases Entered Into by the City Manager Under Palo Alto
Municipal Code Section 2.30.310(h), and Reported per Section Code 2.30.710
Fiscal Year 2017
From: City Manager
Lead Department: Administrative Services
This is an informational report and no Council action is required.
DISCUSSION
PAMC Section 2.30.710 requires an annual report to the council of all leases and rentals of city
property with third parties approved by the City Manager. The attached report transmits the
information (Attachment A) for fiscal year (FY) 2017 as required by the PAMC.
Palo Alto Municipal Code (PAMC) Section 2.30.210 (h) authorizes the City Manager to award
and sign contracts to rent, lease or license city property to other parties regardless of the price
for a term not exceeding three years. Notwithstanding the preceding sentence, the City
Manager may enter into and sign contracts to rent, lease or license property at the Cubberley
site for terms up to five years.
Total Rental revenues for the leases authorized by the City Manager for FY17 totaled
$650,918.08.
MUNICIPAL CODE
2.30.710 City Manager Report
(a) City Manager shall make a biannual report to the Council of all contracts for
professional services or general services awarded by the City Manager, the Procurement Officer
or other designated employees, the costs of which exceed $25,000.00, and of all contracts
awarded by the City Manager for public works and goods, the costs of which exceed $85,000.00
City of Palo Alto Page 2
(b) The City Manager shall prepare and deliver an annual report to the Council of all
leases, licenses and rentals of city real property with third parties, approved by the City
Manager. (Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
2.30.210 City Manager Contract Award Authority
(h) Contracts to Rent, Lease, or License City Real Property to Other Parties. The authority
granted under this Section is distinct from the authority of the director of community services
to grant individuals and groups permits for the exclusive temporary use of buildings and
facilities located in, and the areas of, city parks and open spaces, as described in Chapter 22.04
of this municipal code or in the park and open space regulations. The City Manager may award
and sign contracts to rent, lease or license city real property to other parties regardless of the
price for a term not exceeding three years. Notwithstanding the preceding sentence, the City
Manager may enter into and sign contracts for the rental, lease or licensing of real property at
the Cubberley Community Center for terms of up to five years.
Attachments:
Attachment A: FY 2017 List of Lease Agreements
ATTACHMENT A
Page | 1
CITY OF PALO ALTO
ADMINISTRATIVE SERVICES DEPARTMENT/REAL ESTATE DIVISION
2017 Annual Report – Lease Agreements Entered Into
By City Manager For PAMC Section Under Section 2.30.210 (h)
Fiscal Year: 2016/2017
Number Property Address Property/Space Type
Size in
Square
Foot**
Tenant Term Monthly Rent Total Term
Rent*
Agreement
Date
1 4000 Middlefield Road Cubberley Artist Studio 568 Conrad Johnson 12 months $488 $5,856 7/01/2016
2 4000 Middlefield Road Cubberley Artist Studio 600 Marianne Lettieri 12 months $576 $ 6,912 7/01/2016
3 4000 Middlefield Road Cubberley Artist Studio 360 Barbara Boissevain 12 months $ 310 $ 3,720 7/01/2016
4 4000 Middlefield Road Cubberley Artist Studio 360 Pantea Karimi 12 months $ 346 $4,152 7/01/2016
5 4000 Middlefield Road Cubberley Artist Studio 520 Rachelle Doorley 12 months $ 447 $ 5,364 7/01/2016
6 4000 Middlefield Road Cubberley Artist Studio 360 Ken Edwards 6 months $ 310 $ 1,860 7/01/2016
7 4000 Middlefield Road Cubberley Artist Studio 480 Ann McMillian 12 months $461 $ 5,532 7/01/2016
8 4000 Middlefield Road Cubberley Artist Studio 360 Barbara Gunther 6 months $325 $1,950 7/01/2016
9 4000 Middlefield Road Cubberley Artist Studio 480 Inge Infante 6 months $413 $2,478 7/01/2016
10 4000 Middlefield Road Cubberley Artist Studio 720
Jennifer Gonsalves
12 months $619 $7,428 7/01/2016
ATTACHMENT A
Page | 2
Number Property Address Property/Space Type Size in Square
Foot Tenant Term Monthly Rent Total Term
Rent*
Agreement
Date
11 4000 Middlefield
Road
Cubberley Artist
Studio 480/960 Lessa Bouchard 12 months $413/825.60 $ 6,606.40 7/01/2016
12 4000 Middlefield
Road
Cubberley Artist
Studio 390 Patrick Fenton 6 months $ 335.00 $ 2,010 1/01/2017
13 4000 Middlefield
Road
Cubberley Artist
Studio 480 Pernilla & Paula
Pereira 12months $729.60 $ 8,755.20 7/01/2016
14 4000 Middlefield
Road
Cubberley Artist
Studio 480 Linda Gass 12 months $461 $ 5,532 7/01/2016
15 4000 Middlefield
Road
Cubberley Artist
Studio 720 Andy Muonio 12months $691 $ 8,292 7/01/2016
16 4000 Middlefield
Road
Cubberley Artist
Studio 435 Paloma Lucas 12 months $418 $5,016 7/01/2016
17 4000 Middlefield
Road
Cubberley Artist
Studio 435 Servane Briand 12 months $374 $4,488 7/01/2016
18 4000 Middlefield
Road
Cubberley Artist
Studio 480 Daniele
Archambault 12 months $413 $4,956 7/01/2016
19 4000 Middlefield
Road
Cubberley Artist
Studio 1,200 Sahba Shere 12 months $1,032 $12,384 7/01/2016
20 4000 Middlefield
Road
Cubberley Artist
Studio 360 Charles Coats 12 months $346 $4,152 7/01/2016
21 4000 Middlefield
Road
Cubberley Artist
Studio 390 Christine Gray 6 months $335 $2,010 7/01/2016
22 4000 Middlefield
Road
Cubberley Artist
Studio 480 Mel Day 12 months $413 $4,956 7/01/2016
23 4000 Middlefield
Road
Cubberley Artist
Studio 390 Ernest Regua 12 months $374 $4,488 7/01/2016
24 4000 Middlefield
Road
Cubberley Artist
Studio 360 Catherine DiNapoli 6 months $310 $1,860 1/01/2017
25 4000 Middlefield
Road
Cubberley Artist
Studio 360 Melissa Wyman 11 months $310 $3,410 8/01/2016
26
4000 Middlefield
Road
Cubberley Artist
Studio 360 Amy DiPlacido 11 months $345 $3,795 8/01/2016
ATTACHMENT A
Page | 3
Number Property Address Property/Space Type Size in Square
Foot Tenant Term Monthly Rent Total Term
Rent*
Agreement
Date
27 1305 Middlefield
Road
Lucie Stern
Community Center 500 Palo Alto Players 3 years $1,241.79 $14,901.48 7/01/2015
28 2300 Wellesley
Street
College Terrace
Library 2,000
Palo Alto
Community Child
Care
3 years $ - $ - 7/01/2013
29 3990 Ventura Court Ventura School Site 21,000
Palo Alto
Community Child
Care
3 years $ - $ - 7/01/2013
30 3281 E. Bayshore
Rd. Animal Shelter Land 13,500 Anderson Honda M2M $ 5,400/$5,562 $66,744 5/06/2014
31 1925 Embarcadero
Rd Airport Land 13,250 Audi of Palo Alto M2M $7,950 $95,400 12/15/2014
32 1925 Embarcadero
Rd Airport Land 19,700 Anderson Honda M2M $11,820 $141,840 4/01/2016
33 1925 Embarcadero
Rd Airport Land 5,000 Graham Contractors M2M $3,000 $3,000 8/01/2016
34 1925 Embarcadero
Rd Airport Land 7,500 Precision M2M $3,000 $30,000 9/01/2015
35 1237 San Antonio
Rd LATP Land **1,250/1,980 Purple Pipe M2M $625/$990 $6,565 5/01/2016
36 1237 San Antonio
Rd LATP Land **10,000/1,200 Harris & Sequoia
Landscaping M2M $5,000/$720 $ 34,320 6/1/2014
37 1237 San Antonio
Rd LATP Land 37,609 PG&E 1 mo. $ 16,171 $ 16,171 8/01/2016
38 1237 San Antonio
Rd LATP Land 1,000 Davis Paving M2M $ 350 $4,200 7/01/2014
39 1237 San Antonio
Rd LATP Land 7,000 MV Transportation M2M $ 4,000 $48,000 11/01/2014
40 1237 San Antonio
Rd LATP Land 5,000 Con-Quest M2M $3,000 $18,000 8/01/2016
Number Property Address Property/Space Type Size in Square Tenant Term Monthly Rent Total Term Agreement
ATTACHMENT A
Page | 4
Foot Rent Date
41 1237 San Antonio
Rd LATP Land 3,850/8,250 Ranger M2M $2,117/$4,538 $35,706 08/05/2016
42 1237 San Antonio
Rd LATP Land 3,000 Pacheco M2M/6
months $ 1,350 $8,100 7/01/2013
SUMMARY – PAMC SECTION 2.30.210 (g) (h) AGREEMENTS
Type Number of Transactions 2017 Total Annual Revenue Resulting from Lease Agreements
$650,910.08
Total 42 $650,910.08
*Please, note that tenancy terms ranged from three to twelve months for the tenants.
**Tenant changed their suites or square footage and rent payment changed.
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
December 11, 2017
The Honorable City Council
Palo Alto, California
Boards and Commissions Term End Dates for 2018 (Maddy Act)
The 2018 Maddy Act list is attached.
Government Code Section 54970-54974, the Maddy Act, requires that on or
before December 31 of each year the City must prepare a list of all appointments
which will expire in the upcoming year. The list is posted on the agenda posting
board in King Plaza, in front of City Hall, and also in the posting board within the
entry to the Council Chambers, where they will remain throughout 2018.
ATTACHMENTS:
Attachment A: Maddy Act 2018 (DOC)
Department Head: Beth Minor, City Clerk
Page 2
LOCAL APPOINTMENTS LIST OF CITY OF PALO ALTO BOARD AND COMMISSION TERMS EXPIRING IN 2018
For additional information, contact: City Clerks Office, City of Palo Alto
250 Hamilton Avenue, Palo Alto, CA 94301
(650) 329-2571, http://www.cityofpaloalto.org/clerk
In compliance with the Americans with Disabilities Act (ADA) of 1990, this document may be provided in other accessible
formats. For information contact: City of Palo Alto - ADA Coordinator
650/329-2550 (Voice) or email ada@cityofpaloalto.org
Last updated 11/28/2017
ARCHITECTURAL REVIEW BOARD (ARB)
Three-year term No Residency Requirement
Board Member Date of Appointment Present Term Expires
Peter Baltay 11/01/2015 12/15/2018
Robert Gooyer 08/19/2013 12/15/2018
Alexander Lew 04/07/2008 12/15/2018
Eligibility Requirements: A board of five members, at least
three of whom shall be architects, landscape architects,
building designers or other design professionals.
Regular meetings are held at 8:30 a.m. on the first and third
Thursdays of each month. Terms are for three years and
commence on December 16. (PAMC 2.16 and 2.21)
HISTORIC RESOURCES BOARD (HRB)
Three-year term No Residency Requirement
No terms expire in 2018
Eligibility Requirements: A board of seven members who
have demonstrated interest in and knowledge of history,
architecture or historic preservation. One member shall be
an owner/occupant of a Category 1 or 2 historic structure or
of a structure in an historic district; three members shall be
architects, landscape architects, building designers or other
design professionals and at least one member shall possess
academic education or practical experience in history or a
related field.
Regular meetings are held at 8:30 a.m. on the second and
fourth Thursdays of each month. Terms are for three years
and commence on December 16. (PAMC 2.16 and 16.49)
HUMAN RELATIONS COMMISSION (HRC)
Three-year term Residency Requirement
Commissioner Date of Appointment Present Term Expires
Theresa Chen 06/21/2010 05/31/2018
Valerie Stinger 05/28/2015 05/31/2018
Eligibility Requirements: A commission of seven members
who are not Council Members, officers or employees of the
City and who are residents of the City of Palo Alto.
Regular meetings are held at 7:00 p.m. on the second
Thursday of each month. Terms are for three years and
commence on June 1. (PAMC 2.16 and 2.22)
LIBRARY ADVISORY COMMISSION (LAC)
Three-year term Residency Requirement
No terms expire in 2018
Eligibility Requirements: Composed of five members who
shall be appointed by and shall serve at the pleasure of the
City Council, but who shall not be Council Members, officers
or employees of the City of Palo Alto. Each member of the
commission shall have a demonstrated interest in public
library matters.
Regular meetings are held at 7:00 p.m. on the fourth
Thursday of every other month. Terms are for three years
and commence on June 1. (PAMC 2.16 and 2.24)
PARKS AND RECREATION COMMISSION (PRC)
Three-year term No Residency Requirement
Commissioner Date of Appointment Present Term Expires
Anne Cribbs 12/16/2015 12/15/2018
Jeff Greenfield 02/13/2017 12/15/2018
David Moss 12/16/2015 12/15/2018
Eligibility Requirements: A commission composed of seven
members who shall be appointed by and shall serve at the
pleasure of the City Council, but who shall not be Council
Members, officers or employees of the City of Palo Alto.
Each member of the commission shall have a demonstrated
interest in parks, open space and recreation matters. All
members of the commission shall be residents of Palo Alto.
Regular meetings are held at 7:00 p.m. on the fourth Tuesday
of each month. Terms are for three years and commence on
December 16. (PAMC 2.16 and 2.25)
PLANNING AND TRANSPORTATION COMMISSION (PTC)
Four-year term Residency Requirement
Commissioner Date of Appointment Present Term Expires
Przemek Gardias 05/13/2014 12/15/2018
Susan Monk 02/13/2017 12/15/2018
Eligibility Requirements: A commission of seven members
who are not Council Members, officers or employees of the
city and who are residents of the City of Palo Alto.
Regular meetings are held at 6:00 p.m. on the second and
last Wednesdays of each month. Terms are for four years
and commence on December 16. (PAMC 2.16, 2.20, and
19.04)
PUBLIC ART COMMISSION (PAC)
Three-year term
No Residency Requirement
Commissioner Date of Appointment Present Term Expires
Loren Gordon 05/05/2015 05/31/2018
Ben Miyaji 06/10/2013 05/31/2018
Mila Zelkha 05/05/2015 05/31/2018
Eligibility Requirements: A commission of seven members
who are not Council Members, officers or employees of the
City. Members shall be either members of the Architectural
Review Board or shall be professional visual artists,
professional visual arts educators, professional visual arts
scholars or visual arts collectors whose authorities and skills
are known and respected in the community and whenever
feasible, who have demonstrated interest in, and have
participated in, the arts program of the City of Palo Alto.
Regular meetings are held at 7:00 p.m. on the third Thursday
of each month. Terms are for three years and commence on
June 1. (PAMC 2.16, 2.18 and 2.26)
STORM WATER MANAGEMENT OVERSIGHT
COMMITTEE (SWMOC)
Four-year term Each Committee Member Must at all Times
be Either a Palo Alto Resident, an Employee of a Palo
Alto Business, or own Property Within the City of Palo
Alto
No terms expire in 2018
The Committee shall consist of seven members who are
selected and appointed by the City Council for a term of four
years. Committee members shall serve without
compensation. Each Committee member shall be a resident
of Palo Alto, an employee of a business located in Palo Alto
or an owner of real property within the City. No member shall
be a council member, officer or employee of the City.
The committee shall meet at least once a year to review the
proposed operating and capital budgets of the Storm Water
Management Fund for the next fiscal year.
UTILITIES ADVISORY COMMISSION (UAC)
Three-year term Residency Requirement for six Members
Commissioner Date of Appointment Present Term Expires
Arne Ballantine 08/31/2015 05/31/2018
Michael Danaher 05/04/2015 05/31/2018
Eligibility Requirements: A commission of seven members
who are not Council Members, officers or employees of the
City. Each member shall be a utility customer or the
authorized representative of a utility customer. Six members
of the commission shall at all times be residents of the City.
Regular meetings are held at 7:00 p.m. on the first
Wednesday of each month. Terms are for three years and
commence on June 1. (PAMC 2.16 and 2.23)
City of Palo Alto (ID # 8747)
City Council Staff Report
Report Type: Informational Report Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: FAA Unmanned Aircraft Systems Integration Pilot Program
Title: City Participation in FAA Unmanned Aircraft Systems Integration Pilot
Program
From: City Manager
Lead Department: Public Works
Recommendation
This is an informational report only and no Council action is required.
Discussion
The City recently learned that the Federal Aviation Administration (FAA) is undertaking a limited
number of pilot projects to facilitate the establishment of safe commercial Unmanned Aircraft
Systems (UAS, a.k.a. UAV)1 operations while connecting local and national interests. The
program requires a state, local, or tribal government agency serve as lead applicant, in
partnership with private sector entities such as UAS operators or manufacturers.
The City has been approached by prospective partners with two operational concepts. The first
involves Stanford Blood Center, in partnership with UAS manufacturer Matternet. Stanford and
Matternet propose to address potential emergency medical needs by establishing an approved
flight path (anticipated west of Junipero Serra Blvd) and operating procedure enabling the
delivery of blood samples from the Stanford Blood Center at the Stanford Research Park to
Stanford Hospital. Attachment A provides additional background on this concept.
The second concept, from German UAS manufacturer Multirotor, proposes exploration of
various potential business use cases associated with various operational flight procedures at
Palo Alto Airport. This includes the avoidance of conflicts between UAVs and manned aircraft,
as well detection and avoidance of airfield conflicts with wildlife or debris. Additional City uses
could also be identified for future evaluation, such as public safety search operations and utility
infrastructure safety inspections, but would only be pursued after adequate public outreach
1 https://www.faa.gov/uas/programs_partnerships/uas_integration_pilot_program/
City of Palo Alto Page 2
and City Council approval. Attachment B provides additional background on Multirotor’s
interest.
While potentially leading to many positive benefits to the community, any prospective UAV
operation raises numerous issues that would need to be identified, explored and addressed
before approval could be granted. These include, among others:
Safety: Safe operation of UAVs is paramount. The FAA pilot program establishes
reporting requirements and review processes designed to address physical,
technological, and operator requirements.
Environmental: The Palo Alto environment presents numerous natural and sensitive
areas, including the Baylands and other habitats, and UAV operations would need to
ensure compatibility if proposing operations within these areas.
Noise: Residential neighborhoods may be sensitive to noise from UAV operations, so
noise levels and hours of permitted flights will need to be specified.
Privacy: UAV navigation systems and other data collection raises the potential for
collection of personally identifiable and other sensitive information. Application of
privacy protections to UAV operations would need to be developed.
Community support: In addition to the issues identified above, UAV operations raise
the possibility of being perceived as a nuisance or threat from a variety of perspectives
and therefore must be taken into consideration.
The FAA Unmanned Aircraft Systems Integration Pilot Program offers the opportunity to
address these issues relatively early in the proliferation of UAV technology and applications
around the nation.
FAA’s national rollout of the pilot program involves a multistep application process with final
applications due by January 4, 2018. Upon review of applications, FAA plans to enter into
Memoranda of Agreement with at least five applicants to proceed with project development.
The City will retain the ability to withdraw from the pilot program at any point it is determined
the project is not proceeding in a positive direction.
Contacts with Stanford and other stakeholders confirmed their interest in exploring the
implications of the proposals. Based on staff’s review of this FAA program, we believe it could
provide a worthwhile framework for engaging key stakeholders in a proactive and constructive
manner and potentially influence national policy on conditions and requirements necessary for
safe and community-sensitive UAS operations.
At this point, staff has filed the required Notice of Intent and met with the companies to assess
viability and approach to next steps. Next steps require the development of a complete
concept of operations and plan to address technical and operating requirements. Should this
proceed to a formal agreement and prior to any operation, staff will formalize community
outreach, seek City Council approval and conduct any necessary environmental review.
Background
City of Palo Alto Page 3
On November 8, the FAA published a Screening Information Request (SIR # DTFAWA-18-R-
00001). The period of performance would be from the date of issuance by the FAA through
October 24, 2020. The City submitted a notice of intent (NOI) to the FAA as a Declaration of
Lead Applicant on the now-past deadline of November 28. The City's Lead Applicant initial
submittal is due on or before December 13 (with other "volumes" in the submittal packet due
January 4, 2018).
The City intends to submit on or before the deadline of December 13 an Interested Parties List,
to include the UAS private sector partners, other involved governments, Stanford University,
and Stanford Health Care (Hospital). If our application is approved, additional parties can
register via the FAA.2
There is no cost to the City for this program. The City can also withdraw from the program.
The FAA's objectives for the program are:
promoting innovation and economic development;
enhancing transportation safety;
enhancing workplace safety;
improving emergency response and search and rescue functions; and
using radio spectrum efficiently and competitively.3
Resource Impact
The role of City staff is essentially to facilitate the application process and to jointly learn from
and participate in the experimental operations conducted by the private sector partners. The
City as the lead agency would be providing staff time to facilitate the program, and all other
costs and expenses would be funded by the participants. Assistant City Manager and General
Manager of Utilities Ed Shikada will be the City's primary point of contact (applicant). Airport
Manager Andrew Swanson will be the lead for topics pertaining to the Airport and FAA-related
matters. Emergency Services Director Kenneth Dueker will be the subject matter expert
regarding public safety.
CEQA
Acceptance into the FAA pilot program does not commit the City to any UAS use. Before
approving any particular use, the City would fully explore the use, identify and address
potential impacts, and conduct environmental review if required.
Attachments:
Attachment A: Stanford Blood Center Concept
2 https://faaco.faa.gov/index.cfm/announcement/search
3 https://www.faa.gov/uas/programs_partnerships/uas_integration_pilot_program/apply/
City of Palo Alto Page 4
Attachment B: Multirotor Letter of Interest
Attachment A
Stanford Blood Center in partnership with the City of Palo Alto and Matternet is currently exploring the
possibility of using Unmanned Aerial Vehicles (UAV) to optimize and improve patient care. This nascent
collaboration is currently in the exploratory phase, without any financial or contractual commitments,
while all partners continue to discuss and ensure that all aspects of the projects are agreeable to every
member’s constituents.
We aim to use UAVs in very limited clinical settings where timely delivery of blood products or
diagnostic specimens is of the utmost importance. Examples include emergent delivery of blood
products from Stanford Blood Center when there are patients whose usage outpace the available in-
house inventory at the hospital. More importantly, we are extremely aware and sensitive to the
concerns of residents; every measure to eliminate intrusiveness and maximize safety will be taken.
As we continue planning, we will submit a full application to the Federal Aviation Administration under
the UAS Integration Pilot Program to qualify Palo Alto as an Innovation Zone. If successful, this will allow
the federal assent to continue exploring this initiative. It should be emphasized that the application’s
submission only allows us for continued exploration and does not bind us to the initiative; we will work
with all local and community partners to ensure support for this program and will work assiduously to
address any concerns. If at any point the concerns are too many and insurmountable, we can always
disengage.
It is our hope that Stanford Blood Center and the City of Palo Alto in collaboration with Matternet can
define UAV usage in specific clinical settings that improves patient care. We are in the heart of the area
synonymous with innovation, and it would only make sense that we pioneer this in the United States for
the benefit of all patients.
Attachment B