HomeMy WebLinkAbout2021-08-30 City Council Agenda Packet1
City Council
Special Meeting
Monday, August 30, 2021
5:00 PM
Virtual Meeting
REVISED AGENDA
*Changes are denoted in red on the agenda
***BY VIRTUAL TELECONFERENCE ONLY***
CLICK HERE TO JOIN Zoom Meeting ID: 362 027 238 Phone:1(669)900-6833
Pursuant to Governor Newsom's Executive Order N-29-20, as amended through order N-08-
21, City Council meetings will be held as hybrid meetings with the option to attend by
teleconference/video conference or in person. To maximize public safety while still
maintaining transparency and public access, members of the public can choose to participate
in the meeting from home or attend the meeting in person. Information on how the public
may observe and participate in the meeting is located at the end of the agenda.
Public Comments will be accepted both in person and VIA Zoom meeting. All requests to
speak will be taken until 5 minutes after the staff’s presentation. Written public comments
can be submitted in advance to city.council@cityofpaloalto.org and will be provided to the
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agenda item you are referencing in your email subject line. The meeting will be streamed live
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https://midpenmedia.org and broadcast on Cable TV Channel 26.
TIME ESTIMATES
Time estimates are provided as part of the City Council’s effort to manage City Council
meetings. Listed times are estimates only and are subject to change at any time, including
while the meeting is in progress. Agenda items may be heard before or after the time
estimated on the agenda.
CITY COUNCIL MEETING MATERIALS
Materials related to an item on this agenda submitted to the City Council after distribution of
the agenda meeting packet are available for public inspection on the City’s website.
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CALL TO ORDER
SPECIAL ORDERS OF THE DAY
CLOSED SESSION (5:00 PM to 6:15 PM)
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
2 City Council Special Meeting August 30, 2021
1.CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely
Nose, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, and
Terence Howzell)
Employee Organization: Service Employees International Union,
(SEIU) Local 521, Utilities Management and Professional Association of
Palo Alto (UMPAPA);
Authority: Government Code Section 54957.6 (a)
STUDY SESSION (6:15 PM - 7:15 PM)
2.Foothills Fire Mitigation Strategies Study Session
COUNCIL BREAK (7:15 PM-7:25 PM)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (7:25 PM -7:40 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.
CONSENT CALENDAR (7:40 PM to 7:55 PM)
Items will be voted on in one motion unless removed from the calendar by three Council Members.
3.Approve Minutes from August 16, 2021
4.Approval of Contract Amendment Number 2 to Contract Number
C17165953 with RossDrulisCusenbery Architecture, Inc., to Add to the
Scope of Services and Add $283,410 to the contract sum, for a new
Total Not to Exceed Amount of $9,037,608, for Design and
Environmental Assessment Professional Services for the Public Safety
Building, Capital Improvement Project (PE-15001)
5.Adoption of a Resolution to Authorize the City Manager to Submit
Application(s) and Related Agreement(s) for the California Department
of Resources Recycling and Recovery (CalRecycle) Rubberized
Pavement Grant Program
6.Adoption of an Ordinance Amending Title 9, Public Peace, Morals and
Safety, of the Municipal Code to Add Chapter 9.07 Requiring Safe
Storage of Firearms in Palo Alto Residences to Prevent Improper
Firearm Access; Adoption of a Resolution Amending the Administrative
Penalty Schedule to Add Conforming Penalty
AA1. Approval of a Professional Services Agreement With Enovity, Inc. for
Energy Efficiency Program Services in an Amount of $661,667 per Year
Q&A
Q&A
Presentation
Public Comment
3 City Council Special Meeting August 30, 2021
for a Total Not-to-Exceed Amount $1,985,000 for a Three-year Term
Through August 15, 2024
CITY MANAGER COMMENTS (7:55 PM to 8:10 PM)
ACTION ITEMS
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
7.Policy and Services Committee Recommends City Council Approve
Retention of a Consultant to Clean Up and Reformat the City Council
Procedures and Protocols Handbook
(8:10 PM - 8:40 PM)
8.Direction on Strategies Related to Services for Unhoused Palo Alto
Residents, Including Potential Emergency Shelter, and Adoption of a
Resolution Endorsing the Santa Clara County Community Plan to End
Homelessness 2020-25 (Continued from August 9, 2021)
(8:40 PM - 10:30 PM) *presentation was added to this item materials
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
Members of the public may not speak to the item(s)
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for
action during this meeting’s agenda.
9.Sales Tax Digest Summary 4th Quarter Calendar 2020
10.Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 3 and
Quarter 4, Calendar Year 2020)
AA2. Independent Police Auditor’s Report on Investigations Completed
1/1/20 to 6/30/20
OTHER INFORMATION
No Standing Committee Meetings This Week
Schedule of Meetings
Public Letters to Council Received August 11, 2021 to August 18, 2021
Public Comment
4 City Council Special Meeting August 30, 2021
AMENDED AGENDA ITEMS
Items that have been added/modified from the original publication of the agenda are listed
below. Any corresponding materials are appended to the end of the initial packet. If full
items have been added to the Agenda, they will be denoted with a number staring with AA,
meaning Amended Agenda item.
AA1. Approval of a Professional Services Agreement With Enovity, Inc. for
Energy Efficiency Program Services in an Amount of $661,667 per Year
for a Total Not-to-Exceed Amount $1,985,000 for a Three-year Term
Through August 15, 2024
AA2. Independent Police Auditor’s Report on Investigations Completed
1/1/20 to 6/30/20
8.Direction on Strategies Related to Services for Unhoused Palo Alto
Residents, Including Potential Emergency Shelter, and Adoption of a
Resolution Endorsing the Santa Clara County Community Plan to End
Homelessness 2020-25 (Continued from August 9, 2021)
(8:40 PM - 10:30 PM) *A presentation was added to this item
City of Palo Alto (ID # 13479)
City Council Staff Report
Report Type: Study Session Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Foothills Fire Mitigation Strategies
Title: Foothills Fire Mitigation Strategies Study Session
From: City Manager
Lead Department: Office of Emergency Services
Recommendation
This is a study session, and no action is needed from council.
Background
This study session is a follow-on to the Informational Report presented to Council on June 21,
2021:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-
manager-reports-cmrs/2021/id12315.pdf
That report defines the “foothills” wildland urban interface (WUI) and other elements
referenced herein, such as the Foothills Fire Early Warning System (FFEWS). The drought and
other risk factors for wildfires have worsened since the date of that document. According to
CAL FIRE, fuel moisture1 samples in our area’s wildland urban interface (WUI) are now already
as low as typically seen in September.2 In this study session, we will present updated
information, including the perspectives of some of our regional partners.
Discussion
Current and Predicted Wildfire Situation:
The 2021 wildfire season has started along a trajectory of grave concern. The National
Interagency Fire Center (NIFC) in Boise, ID, provides a means to track these incidents.3 The
InciWeb map provides a geospatial view.4
Regional Wildfire Preparedness, Prevention, and Mitigation:
• An ounce of prevention is worth a pound of cure.
1 How much water is in foliage, viz. how ignitable such vegetation is.
2 E-mail from CAL FIRE Division Chief Richard Sampson to OES Chief Dueker, August 2, 2021.
3 https://www.nifc.gov/fire-information/nfn
4 https://inciweb.nwcg.gov/
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• A primary action to reduce risk is to lessen the probability of ignition as well as the potential
severity of a wildfire.
• “Fuel reduction” and “vegetation management” are terms of art meaning the reduction or
removal (“treatment”) of certain plants and flammable materials combined with other
actions to both reduce the chances of ignition (especially near roadways) as well as to stop
or at least slow the spread of flames.5
• Certain types of plants are especially flammable, such as eucalyptus. Similarly, wood-shake
roofs and other architectural design elements can make buildings more prone to burning
down during wildfires. Some local jurisdictions have modified building codes and enacted
regulations to reduce such hazards.6
The Santa Clara County Community Wildfire Protection Plan (CWPP)7 provides details of such
efforts, including annexes for the various political subdivisions, special districts (including the
Midpeninsula Regional Open Space District (MROSD)), Stanford University, and the Fire Safe
Councils.
• The City of Palo Alto’s Foothills Fire Mitigation Plan (FFMP) is integrated in this regional
planning process.8
• Because our wildland urban interface (WUI) is coterminous with San Mateo County, we also
interoperate with the various partner agencies there, such as the Woodside Fire Protection
District, San Mateo County Sheriff, and so forth.
For example, the San Mateo County Fire Safe Council9 has been a solid regional partner in
bringing various entities together and conducting risk-reduction work. Their executive
director, Denise Enea (who is a retired Fire Marshal from the Woodside Fire Protection
District), provided two project tracking spreadsheets [APPENDIX 1 and 2]
Midpeninsula Regional Open Space District (MROSD, a.k.a. Midpen) is a steward of over 65,000
acres, with several open space preserves in the city limits of Palo Alto and many more in our
foothills area of interest. Below are a few updates from Skyline Area Manager Craig Beckman10
who will speak at this study session:
• Midpen just completed an EIR to allow us to dramatically increase the area that can be
managed for fuel reduction and forest health. As capacity ramps up (Midpen funding, grant
funding, cooperative projects) up to 1,000 acres can be managed (of the total Midpen
ownership of 65,000 acres) each year. More information including maps of potential work
areas in Palo Alto are at this link https://www.openspace.org/our-work/projects/wfrp. The
5 https://www.nfpa.org/Public-Education/Fire-causes-and-risks/Wildfire/Firewise-USA/Online-learning-
opportunities/Community-Wildfire-Risk-Assessment-Tutorial
6 https://almanacnews.com/news/2021/07/15/woodside-portola-valley-brace-for-wildfire-season
7 https://www.sccfd.org/santa-clara-county-community-wildfire-protection-plan
8 https://www.cityofpaloalto.org/files/assets/public/oes/plans/foothills -fire-management-plan-update-2016-
final.pdf
9 https://firesafesanmateo.org/
10 E-mail from MROSD Skyline Area Manager Craig Beckman to OES Chief Dueker, August 4, 2021.
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prioritization (Tier 1 and 2) will get reviewed every year including input from fire agencies
on their priorities so what shows on these maps is already outdated.
• Midpen intends on completing work on Page Mill this year (particularly around the
Montebello and Los Trancos parking lots as Temporary Refuge Areas). Midpen staff have
discussed how to work with the Santa Clara County Fire Safe Council to continue to support
and expand on the work along Page Mill already in progress.
• This EIR allows us to perform vegetation reduction. The next step in the EIR process is to
expand our capacity to utilize prescribed fire where safe and appropriate to get to a more
landscape scale fuel management. That process will start in about a year and may take 2 -5
years to complete the EIR. At this time, we can perform pile burns but not broadcast burns.
• In the recent past, Midpen removed 100 eucalyptus trees near Struggle Mountain on Page
Mill Road with collaboration from Palo Alto staff and the Santa Clara Fire Safe Council. It
was expensive but it was a valuable project to reduce the fire hazards along Page Mill.
• Midpen continues to perform annual maintenance of existing fuel breaks along Page Mill
Road (disc lines in grassland areas) and along Monte Bello Road across Black Mo untain.
• Midpen just completed a 47-acre reduced fuel zone around the community off Skyline
Boulevard in the Cloud’s Rest/Crazy Pete’s/Rocky Creek/Heacox Road area surrounded by
Coal Creek Preserve. This was funded by a state grant to pay for a CCC crew to perform
most of the work. The final tree removal should be wrapping up in the next few months.
• Midpen is working on ways to better collaborate with the various Fire Safe Councils to allow
work on Midpen property along Skyline Boulevard, Page Mill Road, and Hwy 9. Current Fire
Safe Council efforts are underway along Page Mill, Hwy 9, and Hwy 35.
• Midpen is actively pursuing grant money and has already received grants from the State
Coastal Conservancy ($400,000) and Cal Fire ($1,500,000) to perform work i n various
locations and is trying to work out how to ramp up their capability to do more.
Stanford University is stepping up its wildfire prevention efforts in response to changing
weather conditions that are increasing the length and severity of California’s wildfire season.
The university’s main campus land covers 8,180 acres, much of which is undeveloped and
populated with natural and sometimes dense vegetation and open grasslands, making it at risk
for wildfires.
• The proximity of undeveloped areas to academic and residential facilities on campus and
structures in neighboring jurisdictions, combined with evolving wildfire conditions, spurred
several Stanford departments to convene a Wildfire Management Team tasked with looking
more comprehensively at the university’s approach to wildfire prevention and
management.
• The foundation of the current work was set two years ago when Stanford prepared and
published its 2019 Wildfire Management Plan. A year ago, Stanford assembled a group of
experts in wildland fire science, forest ecology and environmental planning to update and
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expand the scope of the 2019 plan. The goal of this new effort is to “provide
recommendations for vegetation management and an ongoing maintenance plan for
Stanford’s lands, based on wildland fire hazard risks, best practices and tools.” The
expanded planning effort utilized innovative fire modeling tools and techniques that
identified which parts of Stanford’s lands need priority actions given the landscape
composition and weather patterns evidenced in other recent California wildfires.
• One of the unique aspects of Stanford’s main campus and surrounding lands are that they
extend across seven local government jurisdictions – Santa Clara County, San Mateo
County, Palo Alto, Menlo Park, Portola Valley, Woodside and Los Altos Hills. University
officials intend to coordinate on an ongoing basis with these jurisdictions and the California
Department of Forestry and Fire Prevention (CAL FIRE) to ensure Stanford’s wildfire
prevention plan aligns with other local and regional approaches being undertaken by local
fire departments, fire protection districts, and CAL FIRE.
Stanford is taking care to incorporate the latest resource protection strategies into its current
actions and plans. By carefully incorporating vegetation management practices, the university
hopes to minimize effects on biological, cultural, visual and other resources as the university
addresses wildfire concerns.
Interagency Cooperation:
Wildland fires rarely fit tidily in a single jurisdiction and generally require a multi-agency, multi-
discipline response, with fire agencies, law enforcement, National Guard, park rangers, and
other assisting agencies, as well as support from the emergency medical service (ambulances),
hospitals, the Red Cross, and others.
Such complex management structures are facilitated through the Incident Command System
(ICS). There are opportunities to improve efficiency through
1) human-level familiarization and
2) improved technology.
Human level familiarization is how well the individuals interact and cooperate when collectively
faced with a chaotic, high-stress environment such as a wildfire.
Improved technology is about what tools can be used to make the operation more effective
(and is detailed in the above-referenced Informational Report).
It should be noted that the Incident Management Team (IMT) structure is an important
resource for the region when dealing with wildland fires and other complex public safety
incidents. The South Bay Incident Management Team (SB IMT)11 includes public safety staff
11 https://www.sccfd.org/images/documents/mutual_aid_plan/South_Bay_Area_IMT_Policy_Manual.pdf
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from agencies in Santa Cruz County, Santa Clara County, and San Mateo County. IMT members
were deployed for the “lightning complex” fires last season and routinely train together.
• An event that builds familiarity, especially among entities that may not routinely work
together, is the annual 4th of July Safety Watch that Palo Alto OES coordinates. The Safety
Watch is a pre-plan for contingencies (not just fire) that 1) provides a framework for a multi -
agency response, 2) updates the roster of contacts both of agency leadership as well as who
is on duty that night, and 3) integrates resources ranging from the Civil Air Patrol to the
Emergency Services Volunteers.
• Another example is the San Francisquito Creek Multi-Agency Coordination group (SFC
MAC).12 We may evaluate the need for a MAC structure for our WUI, but at this time
existing mechanisms for cooperation are likely appropriate.
The City intends to implement a Wildland Fire Technology Test Bed. The Test Bed would be a
collaborative forum where academic, government, non-profit, and for-profit approaches to
wildland fire topics and approaches can be explored. The Test Bed may end up being
administered by a third-party, but the City seeks to convene it, initially. This is intended to
reinforce human relationships as well as allow progress on the Foothills Fire Early Warning
System (FFEWS) and other potential problem-solving approaches. As part of this initiative staff
will need to work cross functionally across stakeholders to review implications in accordance
with the current Palo Alto Municipal Code including compliance with the Council approved
surveillance policy, discussed further below in this report.
Interagency cooperation efforts have already been enhanced through recent actions. Earlier
this year, the City of Palo Alto, the Santa Clara County Fire Department, and the Los Altos Hills
County Fire District (a funding agency), entered into an agreement to jointly staff Fire Station 8,
located in Foothills Nature Preserve during wildland fire seasons.13 As noted in that staff
report, visitor levels to that Preserve have increased 322% since last year, increasing the risk of
fire ignition and other public safety incidents, ranging from injuries to crime.
Another factor is that the foothills have experienced an increase in criminal activity. At about 1
a.m. on July 25th, the following 9-1-1 report came in from the Silicon Valley Vista Point on
Skyline Boulevard (Hwy 35), just North of Page Mill Road, near Clouds Rest Road: “Fireworks
launched and started a fire in the area.”14 In that case, tragedy was averted. However, we
should not confuse good luck with a lack of danger.
Second-Order Consequences of Wildland Fires
There are a number of other hazards that are associated with wildfires, especially of the large-
scale variety, including:
12 https://www.cityofpaloalto.org/Departments/Emergency-Services/Plans-and-Information
13 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/2021/id-12298.pdf
14 CAD (Computer Aided Dispatch) record: Palo Alto (with Stanford University under contract), Los Altos, and
Mountain View (with MRSOD under contract) are all on the same CAD system.
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• Destruction of ecological resources, habitats, soil destabilization (landslides)
• Disruption of utilities, loss of infrastructure
• Telecommunications failure from equipment damage, power loss, overload
• Smoke resulting in public health issues, long-term lung damage, cancer
• Increased risk to non-WUI area: first responder resources diverted to life-saving missions
unavailable for other calls for service
• Exhaustion of public safety personnel and assets: First responders have been in a long battle
on a number of fronts.
Thus, the investment in mitigation measures should be evaluated in the context of offsetting a
larger scope of potential assets at risk and losses.
Actions for the Public:
• The public can and must assist in reducing risk and reducing loss of life in the event of a
wildfire in our area by taking a number of steps to be prepared, stay informed, and get
involved.
• Mitigate Risk: For landowners in the WUI, follow the defensible space and other mitigation
guidelines and comply with laws.15 Neighborhoods can participate in the NFPA FireWise
program.16
• Plan & Prepare: Follow the Ready-Set-Go wildfire preparedness steps at
https://cityofpaloalto.org/wildfire
• Stay Informed: Consider using new tools for enhanced awareness: AlertWildfire cameras,
PulsePoint app, www.cityofpaloalto.org/stayinformed
• Evacuation: When Santa Clara County launches Zonehaven (already activated in San Mateo
County), the “know your zone” public education campaign will refer to
https://community.zonehaven.com.
• Consider taking steps to protect your home, business, and other buildings from wildfire
smoke (HEPA filtration systems).
• Be aware of similar efforts and resources in jurisdictions where you spend time.17
• Join our Emergency Services Volunteer program18 or the CERT or equivalent program in
your respective jurisdiction.
15 https://www.readyforwildfire.org/more/fire-safety-laws/
16 https://www.nfpa.org/Public-Education/Fire-causes-and-risks/Wildfire/Firewise-USA/Become-a-Firewise-USA-
site
17 https://www.portolavalley.net/Home/Components/News/News/4991/27?npage=2
18 https://www.cityofpaloalto.org/emergencyvolunteers
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City of Palo Alto Actions and Projects (Potential and Planned):
In addition to the interagency and specifically City actions discussed earlier in this report, below
are some additional elements not already mentioned that are either currently additional
planned actions or potential new initiatives:
• The City of Palo Alto is hosting a Wildfire Preparedness Community Meeting on August 19
for those community members in the WUI.19 The Santa Clara County Local Agency
Formation Commission (LAFCO) is also hosting a series of community meetings.20
• Arastradero Preserve: Clear downed branches and duff around eucalyptus trees; evaluation
and coordination with Stanford University for potential removal of such trees, viz. some are
on Stanford’s property.
• City of Palo Alto Utilities: Continuing work to underground electric lines in the foothills;
longer-term project to extend City fiber to the Montebello Reservoir to support FFEWS and
multi-agency radio systems.
• Foothills Nature Preserve: In addition to other mitigation tasks listed in the FFMP, Open
Space Rangers have recently conducted additional weed whipping 10 to 15 feet off of
roadways in Foothills Nature Preserve.
• Palo Alto Fire and Open Space staff performed a fire safety field survey of Foothills Nature
Preserve and Pearson Arastradero Preserve on July 28. Fire staff provided feedback on the
City’s fire prevention work in the open space areas. The general feedback was that the
status of this year’s wildfire prevention work, and what is still visible from previous year’s
work, appears highly effective. Staff didn’t find any significant fire safety issues.
Staff identified a few areas that need attention and made the following recommendations:
1. Have a contractor/crew limb up the eucalyptus trees along Arastradero/Stanford Felt
Lake area and chip the branches and downfall. The eucalyptus trees are prone to
lightning strikes due to them being one of the few tall points in that area. It would make
sense to prune all the eucalyptus trees in Foothills and Arastradero preserves. Fire staff
supports removing the trees once funding is available (this may require environmental
review).
2. Trim back the branches near the Foothills Nature Preserve Interpretive Center. Keep
gutters free of leaf litter. This can be accomplished this year with Open Space staff.
3. Continue weed whipping around the perimeter of the Foothills maintenance shop and a
few other areas. This will be completed by Open Space staff by August 15.
4. Limb up the trees and remove the dead trees along Trappers Fire Break/Pony Tracks Fire
Breaks in Foothills Nature Preserve. This work would likely be performed by a contractor
19 https://www.eventbrite.com/e/wildfire-preparedness-community-meeting-tickets-163923905815
20 https://santaclaralafco.org/countywide-fire-service-review
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and has not been scheduled, yet. Valley View and Madrone Fire Breaks are in good
condition.
5. Continue the practice of regularly removing leaf litter from around the BBQs in Orchard
Glenn and Oak Grove picnic areas.
Fire staff observations and considerations that assisted in determining the recommended
areas for attention outlined above include:
▪ Supporting the current closure of use of campfire circles at Towle Camp through the
remainder of this fire season. However, they don’t think that the BBQs or campfire
circles pose a significant risk if they continue to be adequately maintained.
▪ Supporting significant pruning or removal of eucalyptus trees in Foothills Nature
Preserve and Pearson Arastradero Preserve.
▪ Confirmation that the fire prevention efforts (weed whipping, discing, and mowing) that
has been completed this year in Foothills Nature Preserve and Pearson Arastrader o
Preserve appear to have been highly effective. They also noted that the work
accomplished in prior years (heavier fuel reduction) are still noticeable and indicate
good progress in improving wildland fire safety.
• Staff completed a brief survey of BBQ and campfire policies from a few neighboring park
agencies for reference:
San Mateo County Parks
• Only allow charcoal for the BBQs, and during high fire risk days they may close select
BBQs. If a person has a paid picnic area reservation, BBQing is allowed even on the
high fire risk days.
• Do not allow any wood burning fires in the park. Do allow charcoal BBQs in their
campground.
California State Parks
• Allow wood fires and BBQs
• On Red Flag days no wood fires and no BBQs are allowed (propane camp stoves are
allowed)
• Have had issues this year with abandoned campfires
Santa Clara County Parks
• Allow wood fires and BBQs (charcoal only). Do require a 10’ clearance around BBQs
• On Red Flag days wood fires are prohibited, but charcoal BBQs are allowed. Camp
stoves or gas grills are permitted on red flag days.
Loch Lomond Recreation Area
• BBQs have been banned for rest of the year
Areas staff have identified potential further Council consideration and potential action include:
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• Resources: Recommend the restoration of at least $60,000 to the Public Works budget
for fire mitigation work in accordance with the Foothills Fire Management Plan and
guidance by the Fire Department. Staffing shortages in Public Works will continue to
require the use of outside contractors. As explained in the Informational Report, the
Santa Clara Fire Safe Council was the preferred manager of the project.
• Policy: Recommend a categorical exempt fire detection technology in the WUI from the
definition of “surveillance technology” in PAMC 2.30.680(c).21 This creates a burden on
staff and does not make sense, since the technology will be disclosed to the Council via
staff reports and since cameras and such will be publicly viewable, in most cases.
Cameras and sensors for flood detection have not been treated as subject to this
ordinance, thus, nor should the Foothills Fire Early Warning System (FFEWS). The City
should be able to host experimental technology and operate a test bed for FFEWS,
showing leadership, not timidity.
Conclusion:
Awareness of risk should guide policy decisions and future resource allocation discussions.
Early detection of a wildfire is of paramount importance. As noted in the Informational Report,
the FFEWS test bed will explore means to improve public notification and war ning, but will first
focus on detection and information processing and visualization.22
Years of suboptimal choices will not be easily nor quickly remedied. Stanford University
researchers, among others, are exploring new blueprints for reducing the curre nt wildfire
hazards.23
Finally, it is important to note that actions taken collectively by agencies, landowners, etc. in
the near- and mid-term might not be sufficient to mitigate or prevent a major fire. As we are
seeing now with large fires in California and other areas of the Pacific Northwest, the usual
concepts of defensible space, fuel reduction, and firefighting can be obviated when such fires
generate their own winds (fire weather) and become unstoppable by humans.
Timeline, Resource Impact, Policy Implications
Since FY 2016, the City has allocated specific funds annually to three departments to pursue the
goals of the FFMP: Fire Department ($60,000), the Public Works Department ($ 54,800), and
the Community Services Department ($66,700) for a tota l of $181,500. The FY2022 Adopted
Budget eliminated allocated funding in the Public Works Department and during these
financially constrained times, rely on staff resources to accomplish the work needed by the
FFMP. This is unsustainable for the long-term needs of the FFMP.
21 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-55385
22 The City of Berkeley recently installed public address speakers/sirens:
https://www.berkeleyside.org/2021/06/15/genasys-emergency-alert-sirens-berkeley-zonehaven-compatible
23 https://news.stanford.edu/2021/08/04/new-wildfire-strategy-california/
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Additionally, as described in Staff Report 12315, the stewardship agreement between the City
and the Santa Clara County Fire Safe Council (SCCFSC) has recently ended, due to the SCCFSC’s
inability to comply with the State Department of Industrial Relations (DIR) prevailing wage
requirements and related labor laws. As a result, the City is working toward separate contracts
for certain mitigation tasks not able to be performed by staff and previously completed under
the former agreement. These contractors are in higher demand as more wildfire resilience work
increases across our region, with labor costs increasing as well – this is expected to impact the
cost and the amount of work that the City will be able to provision. The City is also exploring the
possibility of a partnership agreement with San Mateo County Fire Safe Council.
Stakeholder Engagement
Wildfire mitigation and resilience as described in this staff report includes both internal Palo
Alto staff engagement among our Foothills Fire Management Coordination Group; our
coordination among allied public safety agencies in our area of operations, the same ones that
provided input to this report; and with the communities most at risk toy the wildfire threat.
Environmental Review
The staff report does not constitute a project under the California Environmental Quality Act
(CEQA)
Attachments:
• Attachment2.a: Appendix 1: San Mateo County Fire Safe Council Wildfire
Resiliency (3)
• Attachment2.b: Appendix 2: San Mateo County Wildfire Projects 7-21-21
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San Mateo County Fire Safe Council Wildfire Resiliency
WILDFIRE RESILIENCY MITIGATION FUNDING COLLABORATORS SPECIFIC TARGET AREAS DEPT TO MANAGE FUNDING PROGRAM IMPLEMENTATION
HAZARDOUS FUELS REDUCTION
Arterial Evacuation Routes shaded fuel breaks $450,000 Fire Safe, Public Works, Cal Trans, Towns & Cities,
Unincorporated areas of Emerald Hills, Devonshire,
Woodside, Portola Valley, Palomar Park, Skylonda, SM
Highlands, Burlingame, , SM Highlands, Moss Beach, El
Granada, Brisbane
COUNTY FIRE Fire Safe
Mow annual grass and remove brush, small invasive non native
trees and ladder fuels within right of way and encroaching into the
public roadways
Alpine Road, Kings Mtn, Pescadero Creek, Bear Gulch,
Tunitas Creek, Portola State Park Road
Target Hazard Tree Removals $200,000 Public Works, Planning, Fire Safe, Fire Agencies, HOA's,
Cities & Towns Unincorporated WUI right of way COUNTY FIRE Fire Safe, Fire Agencies
Trees in ROW overhanging power lines; prioritize non natives i.e.
eucalyptus, acacia.
Neighborhood Chipping Programs $525,000 HOAs, Fire Safe, Fire Agencies, RCD, Cities & Towns Unincorporated and specific Towns & Cities within WUI
high fire risk areas COUNTY FIRE RCD,Fire Safe, County Fire
Expand program from 14 to 28 neighborhoods. Includes 3 County
fire inspectors for partial year defensible space
inspections/enforcement in high risk neighborhoods.
Community Fire Break Projects $400,000 Fire Safe, RCD, SMC Parks, Fire Agencies,MidPen, SFPUC,
Cal Water, PGE, Towns & Cities,
Unincorporated SMC
OFFICE OF SUSTAINABILITY Fire Safe, Fire Agencies, RCD
Prioritize and implement the most valuable WUI fuel reduction
projects in the unincorporated WUI. Work with collaborators to
collaborate in financial matches for grants and organize
community partners, limited forester consultation and
implemention of Cal Fire Ben Lomond, CCC and agency hand
crews.
Skyline HWY 35, Cuesta LaHonda, Butano, El Granada,
Devonshire, Mills Canyon, San Bruno Mtn, Hwy 84
Grant Writing/Fire Safe Administration $150,000 Fire Safe, RCD OFFICE OF SUSTAINABILITY RCD, Fire Safe
High Fire Risk Community Evacuation Route Funding
$150,000
Portola Valley, Woodside, Redwood City, San Carlos,
Belmont, Hillsborough,Pacifica, Pescadero, San Bruno,
Brisbane
County Fire Fuels Crew (Project Engine)$0
Year round funding for engine company hand crew dedicated to
Fuel Reduction projects, including roadside evacuation route
clearing, in San Mateo County and available for response to major
wildfire incidents.
CAL FIRE/County Fire Unincorporated San Mateo County
HOME HARDENING OOS, Fire Safe, Fire Agencies Unincorporated WUI within designated high fire risk areas
Ignition Resistant Construction & Materials Incentives $0
Create financial incentive program for unincorporated residents
to retrofit specific components of their homes i.e. roof, decks,
vents
PUBLIC EDUCATION Fire Safe, OOS, PGE, ZoneHaven, Fire Agencies, OES All WUI residents of SMC
Produce & Market online and printed guides for WUI residents $0
Evacuation information (include ZoneHaven) guide
Fire Safe Landscaping guide
Ignition Resistant Construction & Material guide
CONTINGENCY 10%$187,500
TOTAL $2,062,500
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San Mateo County Fire Safe Council Projects
PROJECT AREA SCOPE AGENCY FUNDING
SOURCE VALUE START
HWY 35 Old La Honda Rd. to Hwy 84 Fire Safe PG&E $80,000 Jul-21
Hwy 35 - From Hwy 92 to Southern County line CAL FIRE CCI $200,000
Fire Safe SMC Wildfire Resiliency San Carlos Parks & Thornewood, Wod Fire Safe Coastal
Conservancy $189,000 Aug-21
SMC Hwy 35 Evacuation Route 25 miles of Hwy 35 in SMC Fire Safe Cal Fire $2,600,000.00 APPLIED
WFPD Hazard Map Hazard Risk Map WFPD, Wod, PV, SMC Fire Safe/WFPD Cal Fire $42,000 APPLIED
SMC Fire Prevention WUI Inpsections Palomar Park, Devonshire Fire Safe OOS $50,000 APPLIED
SMC Wildfire Resiliency Projects All WUI Areas within SMC SMC Measure K $1,068,000.00 PENDING
SMC Neighborhood Chipping Select Neighboorhoods within SMC Fire Safe/RCD Measure K/Grant $100,000. approx NOW
San Bruno Eucalyptus Removal Crestmoor Dr./Cal Trans Hwy 380 Fire Safe/Cal Trans State $150,000. approx NOW
Community Wildfire Prep/Response WUI Neighborhoods TBD S. Coast Sustainable OOS Unknown NOW
Wildfire Camera Installation Select Sites East side of Hwy 35 Fire Safe/PANO PGE TBD PENDING
Cuesta La Honda Fuel Reduction Vacant Parcels/Chipping Fire Safe/Cal Fire Cal Fire/Grant TBD PENDING
Skywood Acres Neighborhood Southeast Wunderlich/Skywood SMC Parks/Fire Safe Unknown TBD PENDING
SMC Eucalytpus Removal Strategic Coastal Euc Removal - MCC Maps Fire Safe/Cal Trans State TBD PENDING
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San Mateo County Fire Safe Council Projects
Forest Health
Quarry Park Shaded Fuel Break RCD/SMC Parks Coastal
Conservancy $1M AUG
Forest Health
Forest Health across 440 acres (Huddart & Wunder
RCD/SMC Parks/Girl
Scouts (Private
Landowner),
CAL FIRE FH Grant
$2.5M NOW
Fuel Reduction
Quarry Park/El Granada Euc Removal SOW RCD/Residents County $75,000 PENDING
Vegetation Management
Quiroste Valley (Amah Mutsun Tribal Band)RCD/State Parks State Parks $724,300 NOW
Cuesta La Honda
Perimeter Shaded Fuel Break Cuesta LaHonda RCD/Cal Fire CCI Grants $1M FUTURE
Quarry Park
Eucalyptus Removal/Forest Restoration RCD/SMC Parks Unknown Unknown FUTURE
Forest Health
Butano State Park 420 acres + LiDAR RCD/SP/SMSN CAL FIRE FH Grant $2.8M PENDING
Vegetation Management
Hypericum control (in permitting)RCD/Cal Fire/etc Multiple/County
Ag 50,000 NOW
SMC Neighborhood Chipping
Select Neighboorhoods within SMC Fire Safe/RCD FSA Grant $103,500 NOW
Coastal Public Works Plan
Coastal Com Partnership Forest Health Projects RCD/Coastal Com Unknown Unknown PENDING
Coastal Regional Prioritization Group
Regional project prioritization RCD/SCRCD/SMSN Coastal
Conservancy $40,000 NOW
Post-fire technical assistance
CZU burn zone- culvert replacement, hazard tree a
RCD/NRCS SMC, NRCS, FEMA
(pending)$260,000 NOW
Technical Assistance Fuels/Habitat
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San Mateo County Fire Safe Council Projects
Portola Vally Habitat and Fuels concerns RCD County NOW
Technical Assistance Fuels/Habitat
El Granada Euc Removal RCD County NOW
Technical Assistance Fuels/Habitat
Cuesta La Honda project development RCD County NOW
HWY 35 French Broom Mapping & BMP
Developing BMP for invasive species management CAL FIRE/RCD CAL FIRE $20,000 NOW
CAL FIRE /SMC FIRE Prescribed Burn
SFPUC Water Shed/Crystal Springs CAL FIRE/SFPUC Unknown Unknown Onging
Alert Wildfire Cameras
Selected sites in San Mateo and neighboring
counties
CAL FIRE/Alert
Wildfire
PGE/CAL
FIRE/Donations $150,000+Ongoing
TomKat Ranch VMP
Fuel Reduction, Habitat management, Fire Access CAL FIRE CAL FIRE/Private $50k Ongoing
Pomponio Ranch VMP
Fuel Reduction, Habitat management, Fire Access CAL FIRE CAL FIRE/Private $50k Ongoing
SFPUC Cahil Ridge Fuel Break
Shaded Fuel Break SFPUC SMCF/CAL FIRE
Project Engines $75K Ongoing
SFPUC Polhemus Road
Defensible Space behind homes on SFPUC lands SFPUC SMCF/CAL FIRE
Project Engines $50K
Almost
Complete
SFPUC Dam Face Burns
Fuel Reduction, Dam Safety SFPUC CAL FIRE/
SMCF/PUC/CCC $50K Ongoing
SFPUC Hwy 35 SOD
SOD removal
SFPUC
SFPUC/SMCF/CAL
FIRE Project
Engines $400K Ongoing
SFPUC Peninsula Watershed Fuel
Reduction
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San Mateo County Fire Safe Council Projects
Ongoing Mowing and Mastication on SFPUC
Lands SFPUC SFPUC Contracts $500K Ongoing
SFPUC Edgewood Park Fuel Break
Reclear Edgewood Park Southern Fuel Break from
old FSC grant PG&E/SFPUC SFPUC/PG&E $400K
Almost
Complete
Junipero Sierra County Park
Fuel Reduction behind homes SM Parks SM Parks/CAL
FIRE/SMCF $75K Ongoing
Truck Trail Maintenance Access Road Maintenance/Fuel Reduction CAL FIRE CAL FIRE $150K Ongoing
Quarry Park Fuel Reduction Project Fire Roads in Quarry Park, El Granada SMC Parks/RCD State Coastal Conse $1,000,000 NOW
Fuel Break Along South-Western Park B Perimeter of Quarry Park, El Granada SMC Parks/RCD State Coastal Conse $405,000 PENDING
Huddart/Wunderlich Forest Health Pro Within Huddart and Wunderlich parks, Woodside SMC Parks/RCD CAL FIRE $2,000,000 NOW
Maintenance of Kings Mountain Road PAlong Kings Mountain Road in Huddart Park, WoodSMC Parks County General Fun Staff Time PLANNED
Fuel Reduction at Crocker Gate Entranc At the Crocker Gate Entrance to SBM, Daly City SMC Parks Measure K/SBM HC $100,000 FUTURE
Maintenance of Fire Roads in Wunderl Interior of Wunderlich Park, Woodside SMC Parks County General Fun Staff Time PLANNED
Wurr Road and Pescadero Creek Road Along Perimeter of Memorial Park, Loma Mar SMC Parks Measure K $262,500 FUTURE
Junipero Serra Park Fuel Break San Bruno and Millbrae SMC Parks Measure K $264,000 FUTURE
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City of Palo Alto (ID # 13505)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Minutes 16, 2021
Title: Approve Minutes from August 16, 2021
From: City Manager
Lead Department: City Clerk
Recommendation: Review and Approve the draft Minutes as presented from the
August 16, 2021 City Council Special Meeting.
Attachments:
• Attachment3.a: August 16, 2021 Draft Minutes
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DRAFT ACTION MINUTES
Page 1 of 3
City Council
Special Meeting
August 16, 2021
5:00 PM
The City Council of the City of Palo Alto met on this date in virtual teleconference at
5:00 P.M.
Participating Remotely: Burt, Cormack, DuBois, Kou, Stone, Tanaka
Absent: Filseth
Special Orders of the Day
1. Presentation from Valley Water Regarding Drought Conditions.
NO ACTION TAKEN
Study Session
2. 280 & 300 Lambert Avenue (21PLN-00133): Request for Prescreening of a
Proposal by Lambert Fields, LLC to Rezone the Properties at 280 and 300
Lambert Avenue from Service Commercial (CS) to Planned Home Zone (PHZ),
Merge Parcels Into One Parcel, and Develop the Site with a 49-Unit Residential
Development. Environmental Assessment: Not a Project. Zoning District: CS
(Service Commercial).
NO ACTION TAKEN
Agenda Changes, Additions and Deletions
Item 6 Closed Session was continued to August 23, 2021 City Council special
meeting.
Oral Communications
None.
Minutes Approval
3. Approval of Action Minutes for the August 9, 2021 City Council Meeting.
ACTION: Continued to August 23, 2021 City Council special meeting.
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DRAFT ACTION MINUTES
Page 2 of 3
Action Minutes: 08/16/2021 Sp. City Council Meeting
The City Council Adjourned for a break at 6:33 pm.
The City Council reconvened the meeting at 6:42 PM.
City Manager Comments
Action Items
4. Finance Committee Recommends the City Council Decline to Adopt the Energy
Storage System Targets; and Receive the 2020 Energy Storage Report.
MOTION: Vice Mayor Burt moved, seconded by Council Member Stone to:
A. Direct Staff to return to the Sustainability and Climate Action Plan (S/CAP)
Ad Hoc Committee with a further plan for accelerating the exploration of
expanded energy storage systems and to identify the resources for Staff to
implement; and
B. Decline to adopt energy storage system targets under California Assembly
Bill (AB) 2514 at this time.
MOTION PASSED: 6-0, Filseth absent
5. Approve the Workplan for Development of a Revenue-Generating Local Ballot
Measure for the November 2022 General Election; Review and Potential
Guidance to Staff on Affordable Housing Funding as Referred by the City
Council.
MOTION: Council Member Burt moved, seconded by Mayor Dubois to approve
the workplan for the pursuit of a revenue-generating local ballot measure for
the November 2022 General Election with the following focus:
A. The pursuit of a business tax and the preference of square footage as the
basis for such a tax;
B. The pursuit of a utility use-based tax, and explore the option to
incorporate revenue on climate adaptability;
C. Proceed with the refinement of estimates and evaluation of potential tax
measures—including stakeholder outreach, polling and further feasibility
analysis—and bring forward the budget actions necessary;
D. Review and accept additional information regarding affordable housing
funding mechanisms, and refer to the Policy and Services Committee on
the housing land trust, Jobs Housing Linkage Policy, and particularly with
the CalCHA; and
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DRAFT ACTION MINUTES
Page 3 of 3
Action Minutes: 08/16/2021 Sp. City Council Meeting
E. For the Finance Committee to discuss and recommend to the City Council
the initial polling to inform whether one or more taxes may be feasible on
the 2022 ballot, the support for different uses of revenue, the scale of the
tax, the uses and needs informing the scale of tax, and the form of tax, as
indicated in the staff report.
MOTION PASSED/FAILED: 6-1-0, Tanaka no, Filseth absent
Closed Session
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8
Property: 300 Homer Avenue, Assessor’s Parcel Number 120-17-093
Negotiating Party: Palo Alto History Museum
ACTION: Item was continued to August 23, 2021 City Council special meeting.
Adjournment: The meeting was adjourned at 9:33 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code
(PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance
with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with
Ordinance No. 5423, the City Council found action minutes and the video/audio
recordings of Council proceedings to be the official records of both Council and
committee proceedings. These recordings are available on the City’s website.
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City of Palo Alto (ID # 12318)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Amendment No. 2 for Public Safety Building Project
Title: Approval of Contract Amendment Number 2 to Contract Number
C17165953 with RossDrulisCusenbery Architecture, Inc., to Add to the Scope
of Services and Add $283,410 to the contract sum , for a new Total Not to
Exceed Amount of $9,037,608, for Design and Environmental Assessment
Professional Services for the Public Safety Building, Capital Improvement
Project (PE-15001)
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to
execute the attached Amendment No. 2 to Contract C17165953 with RossDrulisCusenbery
Architecture, Inc. (RDC) (Attachment A) for design and environmental assessment professional
services for the Public Safety Building project (PE-15001), adding to the scope of services and
adding $283,410 to the contract sum. This amendment results in a revised total contract not-to-
exceed amount of $9,037,608 for the Public Safety Building and California Avenue Parking
Garage projects.
Background
The New Public Safety Building (PSB) (PE-15001) was among nine key projects included in the
2014 Council Infrastructure Plan. The PSB was identified as the plan’s highest priority project. In
December 2016, Council authorized a contract with RossDrulisCusenbery Architecture, Inc.
(RDC) to provide design and environmental assessment services for the new PSB and the now
completed California Avenue Parking Garage (Cal Ave Garage) (CMR# 7417).
On February 1, 2021, Contract Amendment No. 1 to RDC’s contract (CMR# 11752) replenished
the PSB construction administration budget, augmented the Cal Ave Garage construction
administration project budget, and replenished the contingency budget in the contract. During
discussion of that item at the Council meeting, staff recommended redesigning the Multi -
purpose room exterior to make it more inviting an d open consistent with its planned use as a
Community Room.
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City of Palo Alto Page 2
Discussion
The attached Contract Amendment No. 2 is requested for additional design work for the PSB
and for an outstanding construction-related item on the Cal Ave Garage. The following items
are included in the recommended contract amendment:
1. Cal. Ave. Garage Column Construction Issue $51,798
2. Additional Topographic Investigation and Survey for PSB Utilities $22,850
3. Secure Courtyard and Grading Re-design $15,646
4. PSB Garage Exhaust Design Modifications $13,000
5. Tier 4 Generator Emission Control Design $46,472
6. Design Options for PSB Multi-purpose/Community Room $33,644
7. Replenish the Additional Services budget $100,000
TOTAL $283,410
The Cal. Ave. Garage Column Construction issue centered around multiple columns within the
garage that were poured out of plumb by the contractor. RDC and their structural
subconsultant reviewed the issue extensively and specified corrective measures to bring the
columns back into the original design parameters. For overall project funding, this additional
expenditure on RDC is being negotiated into a final change order with the contractor for the
garage construction.
The amendment also includes funding for some design investigation of utilities around the PSB
site, changes to the courtyard landscape due to grade requirements, and a redesign of the
exhaust vents from the PSB garage levels to meet a strict interpretation of building code.
Another major component of this amendment relates to new emission controls on t he
emergency generator for the PSB. In late December 2020, the Bay Area Air Quality
Management District (BAAQMD) began requiring Tier 4 emission controls for generators of the
size required for the PSB. This prompted the need for a major redesign and will require a
change order to Swinerton Builders for the extra equipment. The change order is expected to
be approximately $600,000. The BAAQMD directive was not included in the bid documents for
the PSB. Bids were opened on January 5, 2021.
The last major component of this amendment is the funding necessary to prepare three design
options to enhance the PSB Multi-purpose room into a more open and inviting Community
Room. Once the options are developed, staff will bring them to Council along with cost
estimates for selection and direction to proceed with the next steps that may include
authorizing additional funding for RDC (i.e. Contract Amendment No. 3) to complete final
design, getting a formal recommendation of approval from the Architectural Review Board
(ARB), and executing a change order with Swinerton Builders. Staff estimates that such a
change order to the current construction contract could range from $200,000 to $1,200,000
depending on the extent of the Community Room’s exterior modifications.
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City of Palo Alto Page 3
The amendment also includes a $100,000 replenishment of the additional services budget that
has been depleted by numerous other added scope items including the following:
1. Design of the photovoltaic solar energy system for the PSB that will be located on the
Cal Ave Garage
2. Acoustical analysis related to mitigation measures to keep operational noise within the
requirements of the Environmental Impact Report (EIR)
3. Costs to conduct a second invitation for bids for the PSB project
If this amendment is not approved, the added scope items will need to be absorbed into the
existing PSB Construction Administration (CA) task in which RDC is currently engaged. The CA
funding will then be depleted prior to the finish of construction that could result in the architect
stopping work at the critical closeout portion of the project.
Timeline
The construction of the PSB is in progress and scheduled to be completed Summer 2023.
Resource Impact
Funding for the recommendation in this report is available in the Fiscal Year 202 2 New Public
Safety Building Capital Improvement Program project (PE-15001) and New California Avenue
Area Parking Garage project (PE-18000). For the $283,410 added with this amendment, $51,798
is allocated to the Cal Ave Garage project, and $231,612 is allocated to the PSB project.
The resultant redesign of the Community Room and generator emission controls could result in
further added design and construction costs of approximately $800,000 to $1,800,000. These
future costs may be able to be absorbed into the project’s contingency but may require a
budget amendment for the PSB project. Once the options are developed, staff will bring them
to Council along with cost estimates for selection and direction , for example, to proceed with
the next steps to complete final design, get a formal recommendation of approval from the
Architectural Review Board (ARB), and execute a change order with Swinerton Builders.
Stakeholder Engagement
Public Works has been and is engaging designated staff from key departments that will be
occupying the PSB upon completion. Additionally, the PSB design was reviewed and
recommended for approval via the ARB process that notifies nearby residents and publishes
formal meeting agendas online and via newspaper advertisements. The project website is
regularly updated with current information and email newsletters are sent to persons who sign
up to the mailing list via the website.
Environmental Review
An Environmental Impact Report for the PSB and the New California Avenue Area Parking
Garage was prepared and was certified by Council on June 11, 2018 (CMR# 8967), by adoption
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City of Palo Alto Page 4
of Resolution No. 9772.
Attachments:
• Attachment4.a: Attachment A: Contract with RossDrulisCusenbery Architecture,
Inc.; C17165953, Amendment No. 2
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Vers.: Aug. 5, 2019
Page 1 of 8
AMENDMENT NO. 2 TO CONTRACT NO. C17165953
BETWEEN THE CITY OF PALO ALTO AND
ROSSDRULISCUSENBERY ARCHITECTURE, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C17165953 (the “Contract” as
defined below) is entered into as of August 30, 2021, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and ROSSDRULISCUSENBERY ARCHITECTURE,
INC., a California corporation, located at 18294 Sonoma Highway, Sonoma, CA 95476
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively herein as the “Parties”.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of professional design and environmental services for a new Public Safety Building
(PSB) and a new Parking Garage, as detailed therein.
B. The Parties entered into Amendment No. 1 to provide an additional Scope of
Services under the Contract, increase the Compensation, and extend the Contract term, as detailed
therein.
C. The Parties now wish to amend the Contract in order to provide an additional scope
of services under the Contract and to increase the compensation by Two Hundred Eighty-Three
Thousand Four Hundred Ten Dollars ($283,410), from Eight Million Seven Hundred Fifty-Four
Thousand One Hundred Ninety-Eight Dollars ($8,754,198) to Nine Million Thirty-Seven Thousand
Six Hundred Eight Dollars ($9,037,608), as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C17165953
between CONSULTANT and CITY, dated December 12, 2016, as amended by:
Amendment No.1, dated February 1, 2021
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. SECTION 1, “SCOPE OF SERVICES,” of the Contract is hereby amended to read as
follows:
DocuSign Envelope ID: A6FBA5D4-6DCA-495A-B576-92B9CE86E5B4
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Vers.: Aug. 5, 2019
Page 2 of 8
“CONSULTANT will perform the Services described in Exhibit “A,” Exhibit “A-1,” and Exhibit “A-2,” in
accordance with the terms and conditions contained in this Agreement, to the reasonable
satisfaction of CITY.”
SECTION 3. SECTION 4, “COMPENSATION,” of the Contract is hereby amended to read as
follows:
“4.1 Basic Services. The compensation to be paid by CITY to CONSULTANT for performance
of the Services (also referred to in this Agreement as the “Basic Services”) shall be based on the
compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any
reimbursable expenses specified therein, and the maximum total compensation shall not exceed
One Hundred Eighty-Three Thousand Four Hundred Ten Dollars ($183,410). CONSULTANT agrees
to complete all Basic Services, including specified reimbursable expenses, within this amount.
4.2 Additional Services. In addition to the not-to-exceed compensation specified above, CITY
has set aside the not-to-exceed compensation amount of One Hundred Thousand Dollars
($100,000) for the performance of Additional Services (as defined below). The total compensation
for performance of the Services, Additional Services and any reimbursable expenses specified in
Exhibit C, shall not exceed Nine Million Thirty-Seven Thousand Six Hundred Eight Dollars
($9,037,608), as detailed in Exhibit C.
“Additional Services” means 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, Exhibit A-1 and Exhibit A-2. CITY may elect to, but is not required to, authorize
Additional Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced, written
authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized
by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in
Section 13 (Project Management). Each Task Order shall be in substantially the same form as
Exhibit E, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific
scope of services, schedule of performance and maximum compensation amount, in accordance
with the provisions of this Agreement. Compensation for Additional Services shall be specified by
CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in
Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization by CITY
(defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall
become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task
Orders authorized under this Agreement shall not exceed the amount of compensation set forth for
Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional
Services performed under an authorized Task Order and only up to the maximum amount of
DocuSign Envelope ID: A6FBA5D4-6DCA-495A-B576-92B9CE86E5B4
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Vers.: Aug. 5, 2019
Page 3 of 8
compensation set forth for Additional Services in this Section 4. Performance of and payment for
any Additional Services are subject to all requirements and restrictions in this Agreement.
4.3 Rate Schedule. The applicable rates and schedule of payment are set forth in Exhibit “C-
1”, entitled “Schedule of Rates” (“Rate Schedule”). CONSULTANT is not entitled to compensation
for any Services performed or reimbursement for expenses incurred to the extent that payment
would result in a total exceeding the maximum amount of compensation set forth herein.”
SECTION 5. The following exhibits to the Contract are hereby deleted and replaced in the
entirety, or added, as indicated below, to read as set forth in the attachments to this Amendment,
which are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A-2” entitled “SCOPE OF SERVICES, AMENDMENT No. 2,” ADDED.
b. Exhibit “C” entitled “COMPENSATION, AMENDMENT No. 2,” AMENDED,
REPLACES PREVIOUS.
SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
_____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
City Attorney or designee
ROSSDRULISCUSENBERY
ARCHITECTURE, INC.
Officer 1
By:___________________________
Name:________________________
Title:_________________________
Officer 2 (Required for Corp. or LLC)
By:__________________________
Name:_______________________
Title:________________________
Attachments:
Exhibit “A-2”: SCOPE OF SERVICES, AMENDMENT NO. 2 (ADDED)
Exhibit “C”: COMPENSATION, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS)
DocuSign Envelope ID: A6FBA5D4-6DCA-495A-B576-92B9CE86E5B4
CEO
Michael Ross, CEO
Mallory Cusenbery, Principal
Principal
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EXHIBIT “A-2”
SCOPE OF SERVICES, AMENDMENT NO. 2 (ADDED)
CONSULTANT will provide the Services detailed in this Exhibit “A-2” in addition to the Services
detailed under Exhibit “A” and “Exhibit A-1” of this Agreement.
1. Additional Scope of Work related to Task B.3 (PSB Construction Documents):
a. Additional topographic utility survey
b. Secure courtyard and grading re-design
c. PSB exhaust design modifications
d. Tier 4 generator emission control design
2. Additional Scope of Work related to Task B.5 (PSB Construction Administration and
Closeout):
a. Design options for the PSB multi-purpose room
3. Additional Scope of Work related to Task C.6 (Garage Construction Administration):
a. Garage column repair
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EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
The CITY agrees to compensate the CONSULTANT for Services performed in accordance with the
terms and conditions of this Agreement, and as set forth in the budget schedule below, or as
further specified in each Task Order approved by the CITY pursuant to this Agreement.
Compensation shall be calculated based on the hourly rate schedules 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 in 3 phases as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation does not
exceed the amounts set forth in Section 4 (Not to Exceed Compensation) of this Agreement. Each
phase requires a separate written Notice-to-Proceed (NTP). Phases 2 and 3 will be authorized at
CITY’s discretion, and upon approval of environmental review and budget for the project.
(CONTINUED ON THE NEXT PAGE.)
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BUDGET SCHEDULE NOT TO EXCEED AMOUNT
BASIC SERVICES (TASK) Phase 1 Phase 2 Phase 3
Task A.1: PSB Preliminary Design
- CEQA / EIR $242,696
Task B.1: PSB Schematic Design $495,700
Task B.2: PSB Design
Development $856,210
Task B.3: PSB Permit Set /
Construction Documents $2,966,336
Task B.4: PSB Project Bidding and
Award $90,127
Task B.5: PSB Construction
Administration and Closeout $1,425,973
Task C.1: Garage Preliminary
Design – CEQA / EIR $121,347
Task C.2: Garage Schematic
Design $142,607
Task C.3: Garage Design
Development $190,143
Task C.4: Garage Permit Set /
Construction Documents $528,367
Task C.5: Garage Project Bidding
and Award $19,014
Task C.6: Garage Construction
Administration and Closeout $512,220
Task E.2: PSB Threat Assessment
(Predesign) $47,634
Task E.4: PSB Programming
Services for Technical Systems $34,164
Task E.6: PSB Fixtures, Furniture
and Equipment (FF&E) Design
and Procurement Documents
$287,622
Task E.7: PSB Commissioning (Cx) $27,173
Additional Excess Insurance
Coverage $25,000
ROW TOTALS
TOTAL BASIC SERVICES $2,155,501 $3,891,466 $1,965,366 $8,012,333
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REIMBURSABLES $128,185
SUBTOTAL (BASIC SERVICES &
REIMBURSABLES) $2,283,686 $3,891,466 $1,965,366 $8,094,046
ADDITIONAL SERVICES $637,090 $260,000 $897,090
TOTAL NOT-TO-EXCEED AMOUNT $2,920,776 $3,891,446 $2,225,366 $9,037,608
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or 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 will reimburse CONSULTANT for the
following expenses at cost, provided that the expenses were reasonably and necessarily incurred
solely for providing the Services:
A. Travel outside the San Francisco Bay Area, including transportation and meals, will be
reimbursed at actual cost subject to limits of the CITY’s policy for reimbursement of travel
and meal expenses for CITY employees.
B. Long distance telephone service charges, cellular phone service charges, overnight
delivery, facsimile transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses must be accompanied by appropriate documentation of the
claimed expenditure, such as written receipts. Any expense anticipated to be more than $500 must
be approved in writing in advance by the CITY’s Project Manager.
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City of Palo Alto (ID # 13454)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Resolution to Accept Rubberized Pavement Grant
Title: Adoption of a Resolution to Authorize the City Manager to Submit
Application(s) and Related Agreement(s) for the California Department of
Resources Recycling and Recovery (CalRecycle) Rub berized Pavement Grant
Program
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council adopt the attached resolution (Attachment A) authorizing the
City Manager or their designee to submit a rubberized pavement grant application to the
California Department of Resources Recycling and Recovery (CalRecycle) and to sign related
program agreements and amendments.
Background
The California Department of Resources Recycling and Recovery (CalRecycle) administers a
program to provide opportunities to divert tires from landfill disposal, prevent illegal tire
dumping, and promote markets for recycled-content tire products. The Rubberized Pavement
Grant Program is designed to promote markets for recycled-content surfacing products derived
from California-generated waste tires. The Rubberized Pavement Grant Program provides
competitive grants to local governments and is aimed at encouraging first-time or limited users
of rubberized pavement in two project categories, Rubberized Asphalt Concrete Hot-Mix (RAC)
and Rubberized Chip Seal (Chip Seal). Eligible projects must use a minimum of 3,500 tons of RAC
which meets American Society of Testing and Material (ASTM) standards for Asphalt-Rubber
Binder.
The City received CalRecycle grants in 2011, 2015, and 2017 in the amounts of $250,000,
$63,000, and $125,000, respectively. These grants have supplemented the cost to install
rubberized pavement on Alma Street, Middlefield Road, and segments of the Charleston -
Arastradero Corridor. Council approved a previous grant application and resolution in
November 2016 (Staff Report #7408). CalRecycle allows resolutions to be valid for a term of five
years.
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City of Palo Alto Page 2
Discussion
Staff will be submitting a RAC grant application in September 2021 for $65,100 in grant funds.
For the application to be deemed complete, an updated resolution must be attached by
October 27, 2021. The grant funds will supplement the Capital Improvement Program (CIP)
Charleston-Arastradero Corridor Project – Phase 3 (PE-13011). CalRecycle will send award
notifications in December 2021 and grant funds must be expended by April 1, 2024.
Construction of Phase 3 is anticipated to start in September 2021 and is expected to be
complete in summer 2022. Paving of Arastradero and Charleston Roads will take place towards
the end of the project. RAC material is more expensive than normal asphalt concrete as it is a
recycled product, but may prove to be more durable, flexible, and provide a longer life span
than the typical 20-year life span of asphalt concrete. The $65,100 grant request will help pay
for a portion of the rubberized asphalt. Since the City has received previous RAC grants, the
reimbursement rate is capped at $14 per ton. Phase 3 is estimated to use 4,650 tons of RAC.
Resource Impact
The RAC grant requires City expenditures of funds, which will be reimbursed by the state. If the
grant is awarded, staff will return to Council to approve an adjustment to the Fiscal Year 2022
budget to incorporate the grant funding into the Charleston/Arastradero Corridor Project (PE-
13011) budget as part of a routine budget update such as the Mid-Year Budget Review. The
grant amount will supplement the project as RAC paving is already included in the construction
contract awarded by Council on June 22, 2021 (Staff Report #12005).
Staff will submit the application, administer agreements and amendments, and submit for
reimbursements periodically during the project according to the grant conditions.
Policy Implications
This grant program is consistent with the City of Palo Alto’s Comprehensive Plan and does not
represent any changes to existing City policies.
Stakeholder Engagement
For the Charleston-Arastradero Corridor Project (CIP PE-13011), several community outreach
meetings were held during the design process which included discussion of repaving of
Charleston and Arastradero Roads with rubberized asphalt.
Environmental Review
Street resurfacing projects are categorically exempt from the California Environmental Quality
Act (CEQA) under Section 15301(c) of the CEQA Guidelines, as repair, maintenance and/or the
minor alteration of existing facilities and no further review is necessary.
Attachments:
• Attachment5.a: Attachment A: Resolution
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*YET TO BE PASSED*
Resolution No. ____
Resolution of the Council of the City of Palo Alto Authorizing the City Manager to
Submit Application(s) and Sign Related Agreement(s) for the California
Department of Resources Recycling and Recovery (CalRecycle)
Rubberized Pavement Grant Program
R E C I T A L S
A. Pursuant to Public Resources Code sections 48000 et seq., 14581, and
42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established
various payment programs to make payments to qualifying jurisdictions.
B. In furtherance of this authority, CalRecycle is required to establish
procedures governing the administration of the payment programs.
C. CalRecycle’s procedures for administering payment programs require, among
other things, an applicant’s governing body to declare by resolution certain authorizations
related to the administration of the payment program.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Council authorizes the submittal of application(s) to CalRecycle
for Rubberized Pavement Grants for which the City of Palo Alto is eligible.
SECTION 2. The City Manager, or his/her designee is hereby authorized and
empowered to execute in the name of the City of Palo Alto all grant documents, including but
not limited to, applications, agreements, amendments and requests for payment, necessary to
secure grant funds and implement the approved grant project.
//
//
//
//
//
//
//
//
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*YET TO BE PASSED*
//
SECTION 3. These authorizations are effective for five (5) years from the date of adoption
of this resolution.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
__________________________________ ___________________________________
City Clerk Mayor
APPROVED AS TO FORM: ___________________________________
City Manager
__________________________________ ___________________________________
Assistant City Attorney Director of Public Works
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CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
August 30, 2021
The Honorable City Council
Palo Alto, California
Adoption of an Ordinance Amending Title 9, Public Peace, Morals and
Safety, of the Municipal Code to Add Chapter 9.07 Requiring Safe
Storage of Firearms in Palo Alto Residences to Prevent Improper
Firearm Access; Adoption of a Resolution Amending the
Administrative Penalty Schedule to Add Conforming Penalty
Recommendation
Based on community interest and Council direction, the City Attorney’s Office recommends that
Council adopt the attached Ordinance to require safe storage of firearms in residences. This
Ordinance would add a Safe Storage of Firearms Chapter to Title 9 of the Palo Alto Municipal
Code, which governs Public Peace, Morals and Safety (Attachment A).
Staff further recommends that Council adopt a resolution amending and restating the City’s
Administrative Penalty Schedule to add a penalty for violations of the new Safe Storage of
Firearms Chapter (Attachment B).
Background
On December 14, 2020, Council Members Fine and Cormack introduced a Col leagues Memo on
safe storage of firearms, requesting that the City Attorney draft an ordinance requiring safe
storage of firearms in residences. The League of Women Voters of Palo Alto sent additional
items for the City Attorney’s consideration. The information from these sources is summarized
below.
Deaths by suicide and accidental deaths by firearms are one of the leading - and most
preventable - causes of death in the United States. Nearly 40,000 lives were lost to firearms in
2017, the most recent year with complete data, and the number may be rising.1 Deaths by
suicide account for 6 out of 10 firearm-related deaths. For non-fatal shootings, the numbers are
much higher. According to the Brady Institute, approximately 114,000 people are shot each
year in the United States, of which almost 8,000 are under 18 years old.2
Hundreds of thousands of guns are stolen each year, and gun theft is an important way that
1 https://www.pewresearch.org/fact-tank/2019/08/16/what-the-data-says-about-gun-deaths-in-the-u-s/
2 https://www.bradyunited.org/key-statistics
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guns enter the illegal market.3 The United States Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) estimates that about 10-15% of stolen guns are used in subsequent crimes.4
Gun owners who safely store their firearms experience gun thefts at a lower rate than those
who do not.5
The year 2020 saw a record-setting number of firearm purchases, many of these by first-time
firearm owners, who may not be familiar with proper safety and storage practices.6 A safe
storage requirement helps prevent the theft of firearms and may reassure and protect our
public safety personnel.7
In California, individuals may be criminally liable if they negligently store or leave, on premises
within their custody or control, a firearm in a location where the individual knows, or
reasonably should know, that a child is likely to gain access to the firearm without the
permission of the child’s parent or legal guardian, unless they act to secure the firearm against
access by the child.8 California state law does not set storage requirements to prevent access by
home intruders. Instead, the law creates general exceptions for firearms locked with a locking
device, kept in a locked container, or otherwise stored in a reasonably secure location.9
This ordinance will set clearer safe storage standards and require those who store firearms in
their Palo Alto residences to abide by them. The storage requirement simply requires firearms
stored at a residence to be secured with a trigger lock or in a locked container when not on
one’s person. As the Gifford Law Center writes, “These laws are intended to help prevent
unauthorized users, including children, from accessing and using firearms, which can reduce
tragedies due to suicide, unintentional discharges, and gun theft.”10
This ordinance is not intended to criticize firearm owners nor abridge the rights protected by
the Constitution. This sort of safe storage law constitutionally balances individuals’ rights with
the City’s interest in reducing gun-related injuries.11 By protecting firearms from theft and
misappropriation, this ordinance is a common-sense measure that can save lives and prevent
injuries in Palo Alto.
Discussion
3 David Hemenway, Deborah Azrael, and Matthew Miller, Whose guns are stolen? The epidemiology of Gun theft,
Injury Epidemiology, January 13, 2017, at victimshttps://injepijournal.springeropen.com/articles/10.1186/s40621 -
017-0109-8
4 Dan Noyes, How Criminals Get Guns, FRONTLINE, available at
http://www.pbs.org/wgbh/pages/frontline/shows/guns/procon/guns.html.
5 Ibid.
6 https://www.brookings.edu/blog/up-front/2020/07/13/three-million-more-guns-the-spring-2020-spike-in-
firearm-sales/
7 https://www.nytimes.com/2020/11/17/health/suicide-guns-prevention.html
8 Cal. Penal Code § 25100(c).
9 Cal. Penal Code § 25105 (b)-(d).
10 https://giffords.org/lawcenter/gun-laws/policy-areas/child-consumer-safety/safe-storage/
11 See Jackson v. City & Cty. of San Francisco, 746 F.3d 953, 957 (9th Cir. 2014).
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If adopted by the City Council, the proposed ordinance would set forth new rules for firearm
storage aimed at reducing gun injuries and making the City safer. The following section provides
a comparison of the proposed ordinance to other jurisdictions, shares differences with State
law, and outlines penalties and enforcement of the proposed ordinance.
Comparison to other jurisdictions
Safe storage ordinances have been adopted in several neighboring jurisdictions, some with
slight differences to the ordinance proposed for Council consideration. The Table below
provides a basic summary of the features of the proposed Palo Alto ordinance and ordinances
of neighboring jurisdictions. The paragraphs following describe some important similarities and
differences between the proposed ordinance and the laws of other jurisdictions.
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Table: Summary of Safe Storage Laws
Ordinance/
Statute
Safe storage
requirements
Maximum
penalties
Notable Exceptions
and
Limitations
PROPOSED:
Palo Alto
Chapter 9.07,
Safe Storage of
Firearms
When in a residence,
firearm must be
- In a locked container,
- Disabled with a trigger
lock, or
- Carried on the person
Misdemeanor: 6-
month imprisonment
and $1,000 fine
Civil penalty for first
violation: $1,000
administrative fine
Does not apply when
possessor
reports the loss or
theft of their firearm
to law enforcement
within five days of
knowing of the loss or
theft.
California
State Penal
Code Sections
25100 et seq.
If the firearm is not in a
secure location or locked
with a locking device, it must
be stored in a way that
makes it unlikely that a child
will gain access without the
permission of the child’s
guardian.
- Third degree: general
violation of
requirements above.
- Second degree: other
injury results from
violation, or a child
or person prohibited
from possessing a
firearm carries the
firearm to a public
place.
- First degree: death
or great bodily injury
results from access
by a child or person
prohibited from
possessing a firearm.
Third degree:
punishable as a
misdemeanor
Second degree:
- 1-year
imprisonment, and
- $1,000 criminal
fine
First degree:
- 16 months
imprisonment, and
- $10,000 criminal
fine
Does not apply when
- Firearm is not
within premises
that is under the
person’s custody
or control.
- There is no
reason to know
that a person
prohibited from
possessing a
firearm or a child
is likely to gain
access.
- A child gains
access due to an
illegal entry by any
person.
- A child gains
access in a
lawful act of self-
defense or
defense of
another.
- The firearm is
carried on the
person, or near-
enough to on the
person.
Santa Clara
County
Division B19,
Chapter III
When in a residence,
firearm must be
- Stored in a locked
container,
- Disabled with a trigger
lock, or
First infraction: $500
fine
Additional
infractions: $1,000
fines
N/A.
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- In an authorized
carrier’s close
possession and control.
San Jose
Chapter
10.32.170
Weapons, Part
5
When a firearm is in the
possessor’s residence and
the possessor leaves the
residence, firearm must be
- Stored in a locked
container, or
- Disabled with a trigger
lock.
Misdemeanor: 6-
month imprisonment
and $1,000 fine
Does not apply when
possessor
reports the loss or
theft of their firearm
to law enforcement
within five days of
knowing of the loss or
theft.
San Mateo
County
Chapter 3.54,
Safe Storage of
Firearms in a
Residence
When in a residence,
firearm must be
- Stored in a locked
container,
- Disabled with a trigger
lock, or
- In possessor’s close
possession and control.
Misdemeanor: 6-
month imprisonment
and $1,000 fine
Civil penalty for first
violation: $100
administrative fine
Does not apply when
possessor reports the
loss or theft of their
firearm to law
enforcement within
five days of knowing
of the loss or theft.
Redwood City
Ch. 37A, Safe
Storage of
Firearms in a
Residence
When in a residence,
firearm must be
- Stored in a locked
container,
- Disabled with a trigger
lock, or
- Carried on the person.
Misdemeanor: 6-
month imprisonment
and $1,000 fine
Civil penalty: $1,000
administrative fine
Does not apply when
possessor
reports the loss or
theft of their firearm
to law enforcement
within five days of
knowing of the loss or
theft.
Difference from California law
This ordinance fills in a notable gap in California law by proscribing specific standards that
constitute safe storage in residences. California imposes a criminal penalty for any
“unreasonable” storage methods leading to improper access and great bodily injury, exempting
those who carry their firearm on their person, keep it in a reasonably se cure location, or
otherwise lock their firearm with a locking device. In contrast, this ordinance specifies
acceptable safe storage practices for firearms kept at a residence while not on one’s person.
Comparatively, California’s law is more open ended and triggers harsher punishments. This
ordinance imposes a discretionary administrative or criminal penalty on those who violate
specific safe storage practices in residences, rather than imposing a higher criminal penalty for
“unreasonable” storage methods.
Storage in residences
Similar to most neighboring jurisdictions, this ordinance only governs storage at residences. The
ordinance also only takes effect when the firearm is not on the possessor’s person, i.e. when it
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is out of the possessor’s immediate control. Thus, it is tailored to reduce the risk of firearm
access by home intruders, children, or others not permitted to access the firearm.
Penalties
A person convicted of a misdemeanor for violating this safe storage ordinance may be subject
to a maximum penalty of a $1000 fine and six months imprisonment, per Section 1.08.01
(Penalty for Violations) of the Palo Alto Municipal Code (PAMC). This penalty is the standard
penalty for misdemeanor violations of the PAMC. This misdemeanor penalty is also equal to the
misdemeanor penalties that Redwood City, San Jose, and San Mateo County imposed for
similar violations.
Alternatively, a person who violates this safe storage ordinance may be assessed a $1000 fine
as an administrative penalty, pursuant to Chapter 1.12 (Administrative Penalties – Citations).
This fine is in line with the administrative penalties imposed by nearby counties and cities for
similar violations. The administrative penalties for violating other sections in Title 9 of the Palo
Alto Municipal Code are fines ranging from $50 (e.g., Failure to post “No Smoking” signs
[9.14.100]) to $1000 (e.g., Location of tobacco vending machines [9.14.080]).12 This ordinance’s
$1000 penalty is in accord with other administrative penalties for serious violations of Title 9
that impact safety.
As with other violations of Title 9, the police have discretion to evaluate the facts and
determine how to resolve a violation, including whether a violation should result in an
administrative or criminal penalty.
Enforcement
This safe storage ordinance would be enforced like any other law that regulates conduct inside
the home. For example, Chapter 9.04.040 (Certain social gatherings unlawful) makes it unlawful
to host gatherings at one’s residence where minors may po ssess alcohol, with some conditions
and exceptions. Absent exigent circumstances, Palo Alto police would not be authorized to go
into a private person’s home during a social gathering to check whether this ordinance was
being violated. Accordingly, it is enforced in other ways, such as, if the police are in the home
for a lawful reason and notice a violation, if someone reports a violation, or if an incident
occurs. This safe storage ordinance would be enforced in a similar manner.
Resource Impact
Staff anticipates minimal impact on resources. Were a possible violation of the proposed
ordinance to be discovered, a thorough criminal investigation and any associated reports could
be completed within a few hours of staff time at most.
12 Resolution No. 9940.
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ATTACHMENTS:
• Attachment6.a: Attachment A: Ordinance Amending Title 9 to Add Chapter 9.07 Requiring
Safe Storage of Firearms (PDF)
• Attachment6.b: Attachment B: Resolution Amending and Restating the Administrative
and Civil Penalty Schedules for Certain Violations of the PAMC and the California Vehicle
Code (PDF)
Department Head: Molly Stump, City Attorney
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Not Yet Approved
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 9, Public
Peace, Morals and Safety, of the Municipal Code to Add Chapter 9.07 Requiring
Safe Storage of Firearms in Palo Alto Residences to Prevent Improper Firearm
Access
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Suicides and accidental deaths by firearms are one of the leading - and most
preventable - causes of death in the United States. Nearly 40,000 lives were lost to
firearms in 2017, the most recent year with complete data, and there are indications
the number is rising. Suicides account for 6 out of 10 firearm-related deaths.
B. For non-fatal shootings, the numbers are much higher. According to the Brady
Institute, approximately 114,000 people are shot each year in the US, of which
almost 8,000 are 17 years old or younger.
C. 2020 has seen a record-setting number of firearm purchases, and many of these are
to first-time firearm owners, who may not be familiar with proper safety and storage
practices.
D. A safe storage requirement can help prevent the theft of firearms and may reassure
and protect our public safety personnel.
E. Gun theft is an important way that guns enter the illegal market. Gun owners who
safely store their firearms experience gun thefts at a lower rate than those who do
not. The ATF estimates that about 10-15% of stolen guns are used in subsequent
crimes.
F. Therefore, the City Council is updating the Guns and Explosives Chapter of the Public
Peace, Morals and Safety Code, Chapter 9.07 in Title 9 of the Palo Alto Municipal
Code, to promote the safety of Palo Alto residents, visitors, and public safety
personnel by adopting local legislation that requires the safe storage of firearms in
residences.
SECTION 2. Title 9 (Public Peace, Morals and Safety) is hereby amended to add
Chapter 9.07 (Safe Storage of Firearms) as follows:
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Not Yet Approved
210819 sm 010 2
9.07 SAFE STORAGE OF FIREARMS
9.07.010 Definitions
(a) For the purpose of this chapter, "firearm" means a firearm as defined in Section
16520 of the Penal Code of the State of California.
(b) "Locked container" means a Locked Container, as defined in Section 16850 of
the Penal Code of the State of California listed on the California Department of Justice
Bureau of Firearms roster of approved firearm safety devices. For purposes of this
chapter, a Locked Container does not include a bag or other container made of fabric
or other penetrable material, such as a regular purse, backpack, or gym bag.
(c) "Residence" means any structure intended or used for human habitation,
including but not limited to houses, condominiums, rooms, accessory dwelling units,
motels, hotels, single room occupancies, time shares, recreational vehicles, and
other vehicles where human habitation occurs.
(d) "Trigger lock" means a trigger lock that is listed on the California Department
of Justice's roster of approved firearms safety devices and that is identified as
appropriate for that firearm by reference to either the manufacturer and model of
the firearm or to the physical characteristics of the firearm that match those listed
on the roster for use with the device under Section 23635 of the Penal Code of the
State of California.
9.07.020 Safe Storage of Firearms
Except when carried on the person, no person shall keep a firearm in any residence
unless the firearm is stored in a locked container or is disabled with a trigger lock.
9.07.030 Exception
To encourage reporting of lost or stolen firearms, a person who complies with
Section 25250 of the Penal Code of the State of California by reporting the loss or
theft of a firearm they own or possess to a local law enforcement agency within five
days from the time they knew or reasonably should have known the firearm had been
lost or stolen from their residence where the firearm was improperly stored shall not
be penalized for that violation of section 9.07.020.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
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Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment.
SECTION 5. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
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Resolution No. _____
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 Established by Resolution No. 9940
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Administrative Penalties. The administrative penalty schedule for violations
of the Palo Alto Municipal Code established by Resolution No. 9940 is hereby amended and
restated to read as follows:
Standard penalty unless otherwise indicated below. $50
Second violation within 36 month period 150% of listed penalty
(unless otherwise specified)
Third & subsequent violations within 36 month period. 200% of listed penalty
(unless otherwise specified)
Delinquency penalty. 10% per month, simple interest, on
delinquent amount
4.04.020 License or permit required. 300
4.04.100 Display of license or permit. 300
4.10.045 License fees for pushcart vendors. 300
4.10.050 Regulations for solicitors and peddlers. 350
4.10.055 Identification cards for solicitors. 250
4.10.057 Regulations for pushcart vendors. 300
4.10.070 License required - circus etc. 300
4.10.120 Arcade prohibited. 250
4.10.200 Pawn brokers prohibited. 250
4.10.230 Daily report of second hand dealers. 250
4.10.240 Maintaining reports - second hand dealers. 250
4.10.260 Failure to make report - second hand dealers. 250
4.10.270 Second hand goods held for inspection. 250
4.18.040 Unlawful dog or cat kennel. 250
4.30.010 Soliciting without a permit. 250
4.30.100 Conduct of solicitations. 250
4.32.020 Soliciting without a permit. 250
4.32.060 Investigation of records of solicitor. 250
4.32.090 Acts required during solicitation. 250
4.32.100 Restriction of solicitation. 250
4.32.110 Hours of solicitation. 250
4.34.020 Permit required - closing out sale. 250
4.39.030 Audible alarms. 250
4.39.040 Limitation on automatic dialing devices. 250
4.39.060 Registration of alarm. 250
4.39.110 Alarm violations. 100
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4.42.020 Certificate of public convenience. 1000
4.42.085 Controlled substance and alcohol testing. 500
4.42.090 Taxi owners permit. 5000
4.42.100 Taxi drivers permit expired. 250
4.42.130(b) Taxi drivers permit not displayed. 250
4.42.190 Taximeters. 500
4.42.200 Taxi cab operating regulations. 250
4.42.210(a) Interference with inspection. 500
4.42.210(b) Inspection of vehicles. 500
4.42.220 Operating regulations. 500
4.42.230 Maintenance of vehicles. 500
4.51.030 License required - bingo. 250
4.51.050 Minors restricted - bingo. 50
4.51.080 Staffing and operations - bingo. 250
4.51.110 Physical presence required - bingo. 250
4.52.020 License required - billiards and bowling. 1000
4.52.040 Minors restricted - billiards and bowling. 250
4.52.060 Offensive conduct - billiards and bowling. 250
4.52.070 Interference w/emerg. Access -billiards/bowling. 250
4.54.030(a) Permit required - massage establishment. 1000
4.54.060(a) Permit required - massage tech. 250
4.54.110 Massage establishment facilities. 250
4.54.130 Business name - massage. 250
4.55.030 License required - adult entertainment. 1000
4.56.030 License required - hot tub and sauna. 1000
4.56.060 Employee permit required - hot tub and sauna. 250
4.56.100 Hot tub/sauna establishment and operations. 250
4.56.120 Business name - hot tub and sauna. 250
4.56.150 Display of permit - hot tub and sauna. 250
4.56.200 Employment of persons < 18 - hot tub and sauna. 250
4.57.020 Permit required - firearms sales. 1000
4.57.095 Firearms dealers – business and security. 500
4.58.020 Minors restricted - narcotics paraphernalia shop. 750
4.58.030 Regulations - narcotics paraphernalia shop. 750
4.59.010 Pet shop requirements. 250
4.59.020 Pet shop sanitation. 250
4.59.030 Pet shop food. 250
4.59.040 Pet shop notification. 250
4.59.050 Pet shop - sale of dangerous or wild animals. 250
4.59.070 Dead animals. 250
4.59.080 Permit required - pet shop and kennel. 250
4.59.090 Permit required - grooming shop. 250
4.59.095 Sales of kittens and puppies. 250
4.59.100 Sales of raccoons. 250
4.59.105 Sales of rabbits, chicks, ducklings. 250
4.60.030 Business registration required 250
4.60.060 Business registry application required 250
4.60.120(a) Business registry fee delinquency 50% of registry fee if 1-30 days late
100% of fee or 31+ days late
5.12.010 Permit required - refreshment stand. 250
5.20.030 Discarding solid waste. 250
5.20.040 Accumulation of garbage. 250
5.20.050 Unauthorized bins, boxes, containers-first violation. 500
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Second and subsequent violations. 1000
5.20.080 Number of containers required. 250
5.20.090 Collection of recyclable materials. 250
5.20.100 Collection of compostable materials. 250
5.20.105 Contamination of containers. 250
5.20.108 Multifamily properties/Commercial premises. 250
5.20.109 Requirements for special events. 100
5.20.120 Improper container condition. 250
5.20.130 Maintenance of bins and boxes- first violation. 250
Second and subsequent violations. 500
5.20.160 Spillage or leakage of solid waste. 250
5.20.180 No accumulation of solid waste. 250
5.20.190 No burning, burial, or dumping of solid waste. 250
5.20.200 Hazardous waste. 500
5.20.220 Scavenging prohibited. 100
5.30.020 Polystyrene & Non-Recyclable Plastic. 500
5.35.020 Bags at retail establishments. 500
5.35.030 Bags at supermarkets. 500
6.08.020(b) Interference with animal control officer. 250
6.16.010 No dog license. 50
6.16.080 Number of dogs allowed. 100
6.16.100 Leash Law. 100
6.20.010 Animals at large. 100
6.20.020 Animals on unenclosed premises. 100
6.20.030 Animals kept in enclosures. 100
6.20.035 Tying animals to bicycle racks or trees. 100
6.20.040 Nuisance on sidewalk. 100
6.20.045 Animal waste removal - first offense. 25
6.20.045 Animal waste removal - second offense. 50
6.20.045 Animal waste removal - third offense. 125
6.20.055 Animals in vehicles. 250
6.20.060 Bees close to property line. 100
6.20.080 Permit required - livestock. 100
6.20.090 Maintaining birds, goats, pigs and rabbits. 100
6.20.110 Number of cats kept. 100
6.20.120 Permit required - breeding animals. 100
6.20.130 Cat or dog in heat. 100
6.20.140 Barking dogs. 100
6.20.150 Vaccination required - animals. 100
6.20.160 Sanitary enclosures. 100
6.20.170 Slaughter of animals. 500
6.24.020 Permit required - construction of stable. 250
6.24.050 Maintenance of stable. 250
6.28.040 Possession of dangerous or wild animals. 500
6.32.010 Keeping diseased animals. 500
6.32.020 Confining animals with rabies. 500
6.32.050 Dead animals in public. 500
6.36.010 Sales of certain animals. 250
8.04.020 Permit required - tree work. 500
8.04.080 Interference with tree enforcement. 500
8.08.010 Weeds as public nuisance. 250
8.10.050 Protected trees. 500
8.10.070 Care of protected trees. 500
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8.10.080(b) Development conditions. 500
9.04.010 Open container in business district. 100
9.04.020 Open container in City parking lot. 100
9.04.030 Open container near liquor store. 100
9.04.040 Social host. First violation 250
Second violation 500
Third & subsequent violation 1000
9.07.020 Safe Storage of Firearms 1000
9.08.010 Discharge of firearms/fireworks. 1000
9.09.010(a) Urinating/defecating on street or public place. 250
9.09.010(b) Igniting or maintaining outdoor fire. 250
9.10.030 Residential property noise limits. 100
9.10.040 Commercial property noise limits. 100
9.10.050 Public property noise limits. 100
9.10.060(b) Construction noise signs. 250
9.10.060(c) Construction noise. 250
9.10.060(d) Construction equipment noise. 100
9.10.060(e) Residential power equipment noise. 100
9.10.060(f) Leaf blower noise- first violation. 100
Leaf blower noise- second violation 150
Leaf blower noise- third and subsequent violation 300
9.10.060(g) Street sweeping noise. 100
9.10.060(h) Refuse collection noise. 100
9.10.060(i) Safety device noise. 100
9.10.060(k) Public parking lot cleaning noise. 100
9.10.060(l) Business district street cleaning noise. 100
9.12.010 Loudspeakers. 150
9.14.020 Smoking prohibited - enclosed places. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.025 Smoking prohibited – unenclosed areas. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.030 Smoking prohibited - city cars. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.035 Smoking prohibited – public parks and public events 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.040 Smoking prohibited - child care facilities. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.050 Smoking prohibited – commercial areas
and public events. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.080 Location of tobacco vending machines. 1000
9.14.090 Display of tobacco products. 500
9.14.100 Failure to post “No Smoking” signs. 50
9.22.010 Impersonating public officials. 500
9.26.020 False representation as police officer. 250
9.28.010 Hotel guest register required. 250
9.28.020 Use of false name by hotel guest. 50
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9.40.020 Landing aircraft at other than airport. 1000
9.44.010 Solicitation prohibited - public parking lot. 100
9.48.010 Displaying goods on sidewalk. 50
9.48.025 Sitting or lying on University Avenue sidewalks. 100
9.48.030 Operation of sidewalk elevator. 500
9.48.040 Throwing rubbish on streets. 250
9.48.050 Obligation to clean sidewalk. 200
9.50.010 Graffiti prohibited on public property. 500
9.56.030 Abatement of public nuisance. 500 unless otherwise specified
9.56.030(a)(5) Thirty-five foot site triangle. 200
9.56.030(a)(8) Foliage/branch obstruction. 200
9.56.030(a)(10) Excessive planting strip vegetation height. 150
9.60.030 Blocking entrances to City Hall. 500
9.60.050 Placing signs or climbing on City Hall. 500
9.60.060 Bicycles and skateboards at City Hall. 50
9.60.070 Alcoholic beverages prohibited - City Hall. 100
9.64.010 Overnight use of community facilities 250
9.74.030 Discrimination in housing. 250
9.78.020 Mosquito breeding places. 500
9.79.100 News rack violations. 100
12.08.010 Permit required - public right of way. 500
12.08.100 Removal of City Engineer monuments. 500
12.12.010 Building on public easement without or in violation 1000
of encroachment permit
12.12.020 Failure to obtain or violation of commercial 500
sidewalk encroachment permit
12.16.030 Overhead wires in underground districts. 500
12.16.090 Property owner responsibility. 500
12.20.010 Utility rules and regulations 500 unless otherwise specified
12.20.010 Emergency water conservation regulations 100 (2nd violation in 1 year: $250;
(Reso. Nos. 9509, 9460, 9449) 3rd and subsequent violations
in 1 year: $500)
12.20.020 Providing false information to City Utilities. 500
12.32.010 Water use regulation. 100
15.04.070 Violations of Uniform Fire Code. 500 unless otherwise specified
16.04.050 Violations of California Building Code as amended. 500 unless otherwise specified
16.05.040 Violations of California Mechanical Code as amended500
16.06.050 Violations of California Residential Code as amended.500
16.08.040 Violations of California Plumbing Code as amended. 500
16.09.260 Violations of Sewer Use Ordinance 1000
16.10.020 Construction of private sewer system. 750
16.10.050 Permit required - private sewage system. 500
16.14.040 Violations of California Green Building 500
Standards Code as amended
16.14.260 Failure to meet diversion requirements. $150 per ton of waste not
diverted or $3000, whichever is
greater
16.14.370 Failure to meet diversion requirements. $150 per ton of waste not
diverted or $3000, whichever is
greater
16.16.060 Violations of California Electrical Code as amended. 500
16.17.020 Violations of California Energy Code as amended. 500
16.18.020 Violations of International Pool and Spa Code as 500
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amended
16.20.020 Design review required - signs. 500
16.20.090 Prohibited signs. 250
16.20.100 Prohibited locations - signs. 250
16.20.110 Fuel price signs required. 250
16.20.210 Non-compliance with sign ordinance. 250
16.20.230 Abandoned signs. 250
16.20.250 Parking of advertising vehicles. 250
16.24.080 Fence violation. 250
16.28.060 Permit required - excavation and grading. 500
16.28.330 Protection of adjacent property. 500
16.28.340 Deposits of earth, rock, etc. 500
16.32.010 Permit required - moving a building. 250
16.36.050 Curb painting without a permit. 100
16.36.060 House numbering required. 100
16.38.020 Certificate of occupancy – community housing. 500
16.40.040 Dangerous and substandard buildings. 500
16.40.090 Non-compliance with order of building official. 500
16.40.180 Interference with repair or demolition work. 500
16.42.090 Failure to submit seismic report. 250
16.45.070 Failure to pay fee - Stanford Research Park. 250
16.46.060 Failure to pay fee - San Antonio - West Bayshore. 250
16.47.050 Failure to pay housing impact fee. 250
16.49.050 Exterior alteration of downtown historic structures 10000
or a significant structure outside the downtown
without or in violation of permit
16.49.060 Demolition of a significant downtown building 10000
without or in violation of permit
16.49.070 Demolition of a contributing downtown structure 10000
or significant structure outside the downtown
without or in violation of permit
16.49.080 Maintenance of downtown historic structure. 10000
16.49.090 Demolition of downtown historic structure. 10000
16.52.070 Construction - flood hazards. 500
16.59.090 Failure to pay fee- Citywide Transportation Impact. 250
16.60.090 Failure to pay fee- Charleston/Arastradero. 250
16.62.020 Maintenance of expired building permit 200 for 31st through 60th day
400 for 61st through 120th day
800 for 121st day and thereafter
17.04.020 Violations of hazardous materials storage. 500, unless otherwise specified
17.04.030 Specific obligation - hazardous materials. 500
17.10.010 General obligation - underground storage tanks. 750 unless otherwise specified
17.10.040 Permit required - underground storage. 500
17.10.140 Financial responsibility - underground storage. 500
17.10.150 Monitoring underground storage tanks. 1000
17.10.170 Unlawful abandonment - underground storage tanks.1000
17.12.010 Permit required - hazardous materials storage. 750
17.12.020 New hazardous materials storage facilities. 750
17.12.060 Hazardous materials storage facilities. 750
17.16.010 Hazardous materials management plan. 250
17.20.010 Hazardous materials inventory statement. 250
17.24.010 Hazardous materials discharge report. 750
17.32.010 Permit required - storage of hazardous materials. 1000
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18.01.080 Violation of zoning laws. 500
18.16.060(d)Hotel stay in excess of 30 days. 200
18.38.020 Planned Community zoning (unless otherwise 500
specified in PC ordinance) 2500 beginning the 181st day
following notice of violation
Violations of Ordinance 5069 shall
be subject to the penalties listed
above except that the penalty for
violations of Sections 4(b)(1), (2),
(6), and (7) of Ordinance 5069 shall
not be subject to the penalties
above or to the escalators for
second, third and subsequent
violations, but shall be $2157 per
day, for each and every day that a
grocery store is not in operation
within College Terrace Centre in
accordance with the terms of
Ordinance 5069. (The City Council
intends to adjust this penalty
amount periodically in future
updates to this administrative
penalty schedule to account for
periodic increases in the Consumer
Price Index for All Urban
Consumers.) In calculating the
penalties for such violations, the
City will allow for a grace period for
any daily violations that do not
exceed six (6) cumulative months in
any five (5) year period. However,
this grace period was previously
applied to violations from 1/10/18
through 7/10/18, so there is no
entitlement to any further grace
period prior to 1/10/23.
18.42.060(a)Incompatibility of home occupations. 200
18.42.060(b) Employees of home occupation. 200
18.42.060(c) On site advertising of home occupation. 200
18.42.060(d) Floor area of home occupation. 200
18.42.060(e) Traffic related to home occupation. 200
18.42.060(f) Home occupation as nuisance. 200
18.42.060(g) Outdoor storage related to home occupation. 200
18.42.070 Servicing vehicles in residential zone. 250
18.52.050 Transportation demand management conditions 1000
4000 beginning the 181st day
following notice of violation
18.84.200 Temporary uses. 250
22.04.030 Compliance with park regulations. 46 for violation of regulation R1-6
requiring payment of Foothills Park
entry fee; 250 for violation of all
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other Park & Open Space
Regulations.
22.04.040 Failure to obtain use permit. 300
22.04.150(b) Entry at unapproved location - Foothills Park 50
22.04.150(c) Person in park after hours - Foothills Park. 250
22.04.150(d) Speed limit 20MPH - Foothills Park. 250
22.04.150(e) Vehicles in Foothills Park after hours. 100
22.04.150(f) Skateboards and motorcycles - Foothills Park. 250
22.04.150(g) Smoking on trails - Foothills Park. 1000
22.04.150(h) Fires in Foothills Park. 1000
22.04.150(i) Use of trails - Foothills Park. 100
22.04.150(l) Unleashed dog - Foothills Park. 250
22.04.155 Restraint of dogs in City parks. 250
22.04.160 Permit required - sales in parks. 250
22.04.170 Violation of park use permit. 250
22.04.180 Sound in parks. 250
22.04.190 Unauthorized golf and other games in parks. 250
22.04.200 Unauthorized models and kites in parks. 100
22.04.210 Parking in parks. 100
22.04.215 Launch and takeout from ramp or dock. 250
22.04.220 Bicycle not permitted on trails. 250
22.04.230 Dumping in park. 1000
22.04.240 Interference with park use permit. 250
22.04.250 Park regulations . 250 unless otherwise specified
22.04.260 Discharge of weapons in park. 500
22.04.270 Removal of flora or fauna. 500
22.04.280 Removal of turf or soil. 500
22.04.290(a) Damaging, defacing, etc., property. 1000
22.04.290(b) Marking, writing or printing on property. 1000
22.04.290(c) Attaching sign, etc., without permit. 500
22.04.290(d) Entering, etc., structure after posted hours. 250
22.04.290(e) Bringing portable tables without a permit. 100
22.04.300 Unlawful fire in city park. 1000
22.04.310 Enid Pearson Arastradero, Esther Park closure. 250
22.04.315 Byxbee Park and Baylands closed. 250
22.04.320 Parks closed. 250
22.04.321(a)Skateboarding in park after hours. 50
22.04.322 Trespass at Rinconada Park pool. 50
22.04.330 Alcohol in Cogswell Park. 250
22.04.331 Alcohol in Lytton Plaza. 250
22.04.332 Alcohol in Johnson Park. 250
22.04.333 Alcohol in Boulware Park. 250
22.04.334 Alcohol in Scott St. Minipark. 250
22.04.335 Alcohol in Greer Park. 250
22.04.336(a)Alcohol in Rinconada Park. 250
22.04.337 Alcohol in Mitchell Park. 250
22.04.338 Alcohol in Robles Park. 250
22.04.339 Alcohol in Hopkins Park. 250
22.04.340 Vehicles in park. 250
22.04.341 Alcohol in El Palo Alto Park. 250
22.04.342 Alcohol in Heritage Park. 250
22.04.343 Alcohol in Pardee Park. 250
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22.04.350 Consumption of alcoholic beverage in vehicles. 250
22.04.360 Open container in park - alcoholic beverage. 250
22.04.370 Reckless driving in park. 250
22.04.380 Unlawful riding and towing in parks. 250
22.04.390 Duck pond. 100
SECTION 2. Municipal Code Civil Penalties. The civil penalty schedule for violations of the
Palo Alto Municipal Code established by Resolution No. 9879 is hereby restated to read as
follows*:
Standard penalty unless otherwise indicated below. $46
10.36.020 No parking in parkways. 46
10.36.030(a)Storage on the street (72 hours). 86
10.36.040(a)(1)Vehicle for sale on street. 46
10.36.040(a)(2)Repairing vehicle on street. 46
10.36.050 Not w/in 18” of left curb--One-way street. 46
10.36.090 Removal of chalk markings. 111
10.40.020(a)(1)Parking violation – red curb. 46
10.40.020(a)(4)Parking violation – green curb. 46
10.40.020(a)(5)Parking violation – blue curb. 308
10.40.020(b)Parking in violation of sign (except blue curb). 46
10.40.020(b)Unlawful disabled parking - signs (blue curb). 308
10.40.040(b)Commercial vehicle double parking. 46
10.40.050 Unlawful parking in yellow loading zone. 46
10.40.060 Unlawful parking in passenger loading zone. 46
10.40.070 Unlawful alley parking. 46
10.40.100(g)Parking in a bus zone. 46
10.44.010(b)Overtime parking (limited time zone). 41
10.44.010(c)Additional violation of time limited or no 44
parking zones.
10.44.020(a)Oversized vehicle parking in residential or 46
public facilities zones 2am-6am.
10.44.040(b)Not in space marking. 46
10.44.050(b)Parking violation--temporary sign. 46
10.44.060 Dealers--parking for sale or repair. 46
10.44.070(b)Parking in violation of posted sign. 46
10.44.080 Vehicle obstruction of roadway or lot. 46
10.44.090 Unattended vehicle, engine running. 111
10.45.110 Parking in on-street valet parking space. 46
10.46.110 Overtime residential parking permit (CT) 53
10.48.030 Truck route violation. 211
10.50.100(a)Violation of posted RPP permit sign 53
10.60.070(c)Permit not properly displayed. 41
10.60.070(d)Overtime permit parking in City lot. 41
10.60.070(e)Parking without permit in permit area. 46
22.04.150(e)In Foothills Park after hours. 111
22.04.210 Parking in parks. 111
Late payment penalty. 35
Collection cost penalty. 35% of listed penalty
*All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and
Government Code 76000.3 (S.B. 857, 2008) totaling $12.50.
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SECTION 3. Vehicle Code Civil Penalties. The civil penalty schedule for violations of the
California Vehicle Code established by Resolution No. 9879 is hereby restated to read as
follows*:
5200 No front license plate. $78
(If corrected within 31 days) 10 (state mandated)
5204(a) No registration tabs on license plate. 78
(If corrected within 31 days) 10 (state mandated)
21113(a) Parking on public grounds. 46
22500(a) Parking in an intersection. 46
22500(b) Parking in a crosswalk. 46
22500(d) Parking w/in 15 feet--fire station driveway. 46
22500(e) Blocking driveway. 46
22500(f) Parking on sidewalk. 46
22500(g) Parking or stopping--excavation site, etc. 46
22500(h) Double parking on roadway. 46
22500(i) Parking in a bus zone. 261
22500(l) Parking in front of accessible curb. 303
22500.1 Parking in a fire lane (public or private). 46
22502 Right hand wheels not w/in 18” of rt. curb. 46
22505(b) Parking on state highway violation. 46
22507.8(a-b)Unlawful parking in handicapped space. 303
22507.8(c)(1-2)Straddling Lines/Cross hatched, disabled. 303
22511.57(a) Parking/standing of vehicle in disabled parking $753
stall or space with invalid license/placard.
22511.57(b) Unauthorized use of license/placard for vehicle $753
parking/standing in disabled parking stall or space.
22511.57(c) Parking/standing of vehicle in disabled parking $753
stall or space with counterfeit, forged, altered or
mutilated license/placard for disabled.
22514 Parking within 15 feet of fire hydrant. 46
22515 Unattended vehicle, engine running. 111
22516 Person locked in vehicle. 111
22521 Parking within 7 1/2 feet of railroad tracks. 46
22522 Parking near sidewalk access ramp. 303
22523(a) Unlawful abandonment of vehicle on highway. 131
22523(b) Abandoned vehicle--public/private property. 131
22526 Entering/blocking intersection – anti-gridlock. 131
22951 No street, alley parking--patron vehicles. 46
*All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and
Government Code 76000.3 (S.B. 857, 2008) totaling $12.50.
SECTION 4. The Council finds that the adoption of this resolution does not meet the
definition of a project under Public Resources Code Section 21065, thus, no environmental
assessment under the California Environmental Quality Act is required.
//
//
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11
SECTION 5. This resolution shall be effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
__________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: ____________________________
City Manager
__________________________
City Attorney
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City of Palo Alto (ID # 13446)
City Council Staff Report
Report Type: Action Items Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Approval of Policy and Services Committee Consultant
Recommendation
Title: Policy and Services Committee Recommends City Council Approve
Retention of a Consultant to Clean Up and Reformat the City Council
Procedures and Protocols Handbook (8 :00 PM - 8:30 PM)
From: City Manager
Lead Department: City Manager
Recommendation
The Policy and Services Committee Recommends City Council Approve Retention of a
Consultant to Clean Up and Reformat the City Council Procedures and Protocols Handbook.
Background
At the June Policy and Services Committee meeting, in review of the City Council Procedures
and Protocols Handbook (CPP), the Policy and Services Committee provided many comments
on the CPP and concluded that a cleaner and reformatted version of the CPP would allow the
Committee and the City Council to review the document more effectively for future revisions.
The Committee made the following motion:
To recommend that the City Council hires a consultant to cleanup and reformat the
handbook to improve readability and ease of use for City Council Members, Staff and
the public.
This recommendation passed Policy and Services Committee with a 2-1 vote. Per the City
Council’s procedures, since this was not unanimously approved by the Committee, it i s placed
as an action item for the full City Council’s discussion.
Discussion
Staff researched possible writers who can help the City with this and is in the process of
soliciting bids from three (3) vendors. Staff anticipates the total cost to be around $5,000 and
the scope of work includes working with the staff and the Policy and Services Committee to
ensure the product is sufficient for the City. Additionally, staff is researching neighboring
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communities’ City Council handbooks as benchmark information for context on a reformatted
CPP.
Approval of this agenda item by the City Council is to confirm the Policy and Services
Committee recommendation. This agenda item does not include actual new material edits to
the CPP but instead is focused only on retention of a consultant to reformat and clean up the
document. In the document clean-up process, staff will work with the consultant to bring the
document to the Policy and Services Committee for review in the reformatting process.
Timeline and Resource Impact
Staff anticipates that this task could take 6 months – 1 year to complete but will work with the
vendor to ensure they work diligently to keep this process moving forward. The estimated cost
is expected to be around $5,000. The funding will be provided by the City Manager’s Office FY
2022 Adopted Budget.
Stakeholder Engagement
None at this time.
Environmental Review
This project is not subject because it can be seen with certainty that it will have no impact on
the environment.
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City of Palo Alto (ID # 13521)
City Council Staff Report
Report Type: Action Items Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Continued Unhoused Services, Emergency Shelter, and
Endorsement of County Homelessness Plan
Title: Direction on Strategies Related to Services for Unhoused Palo Alto
Residents, Including Potential Emergency Shelter, and Adoption of a
Resolution Endorsing the Santa Clara County Community Plan to End
Homelessness 2020 -25 (Continued from August 9, 2021) (8:30 PM - 10:30
PM)
From: City Manager
Lead Department: City Manager
Recommendation
This item was continued from August 9, 2021. Staff recommends that the City Council adopt a
resolution endorsing the Santa Clara County “Community Plan to End Homelessness 2020 -25”
(Attachment A) and provide direction on strategies for services for unhoused Palo Alto
residents, including the following:
1. Any follow up discussion related to an application for the Project Homekey Program for
an emergency shelter in Palo Alto.
2. Support staff to return to City Council for policy discussions related to elements which
will be included in a permanent Safe Parking Ordinance.
3. Provide direction to staff to bring back the necessary appropriation actions to support a
Street Outreach Worker Contract through the Community Services Department and a
Utility Team (Special Enforcement Team) in the Police Department for additional
support to Unhoused Palo Altans.
Background
At the August 9, 2021 City Council meeting, the City Council discussed this item and received a
presentation from staff. The staff report (CMR #13453) and presentation (link) from August 9
are the basis for this continued item for August 30. At the August 9 meeting, the City Council
took the following action:
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A. Support advancing an application for the Project Homekey Program for an emergency
shelter in a portion of the Former Los Altos Treatment Plant (LATP) site with specific
steps as follows:
i. Pursue partnership with LifeMoves as the nonprofit partner;
ii. Pursue zoning changes necessary to allow for an emergency shelter at
the LATP site;
iii. Direct Staff to identify funding sources and to include that information in
the return report to the City Council;
iv. Return to City Council in September with sufficient time to make an
application and include all application details, including the explanation
of all costs; and
B. Continue City Council discussion on the rest of this item to a date uncertain.
The August 30 discussion is a continuation of the robust discussion from August 9.
Discussion
Staff reattached the draft resolution for endorsing the County Plan to End Homelessness here
as Attachment A. As shown in the August 9 motion above, the City Council provided direction to
staff to pursue the exploratory work needed to progress towards a Project Homekey
application. Staff continues to explore all aspects of the Former Los Altos Treatment Plant
(LATP) site with LifeMoves to follow up on the City Council direction. Staff is also in
conversation with LifeMoves regarding other possible sites. At this time, staff has not identified
any additional sites. Staff also is in conversation with Valley Water about their proposed uses of
the adjacent portion of the LATP site. The City will need to ensure continued coordination with
Valley Water about the Homekey Project as it may affect the proposed purified water project.
Staff will be prepared at the August 30 meeting to share information about the other items in
the August 9 report including the outreach worker recommendation and the utility team
(Special Enforcement Team) recommendation.
Attachments:
• Attachment8.a: Attachment A: Resolution Endorsing the County Plan to End
Homelessness
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*NOT YET APPROVED*
1
Resolution No.___
Resolution of the City Council of the City of Palo Alto Endorsing the
Santa Clara County Community Plan to End Homelessness 2020-25
R E C I T A L S
WHEREAS, nearly five years ago, the Community Plan to End Homelessness in Santa
Clara County 2015-2020 was adopted, with partners working collectively to, among other
efforts, help households resolve their homelessness, increase the number of supportive
housing units in Santa Clara County, increase temporary housing and emergency shelter
capacity, and launch a new homelessness prevention system; and
WHEREAS, the Community Plan, which was driven by and adopted by the Santa Clara
County (County) Continuum of Care (CoC), is a planning requirement placed by the United
States Department of Housing and Urban Development on CoC funding that provides a county-
level roadmap to address homelessness and its root causes, with local jurisdictions tailoring the
roadmap to meet local needs; and
WHEREAS, despite the substantial progress made in creating an innovative, coordinated,
and more comprehensive supportive housing system, the housing crisis continues to grow
nationally and locally; in 2019 about 313 people found themselves homeless in Palo Alto, and
the challenges in ending homelessness are compounded by the COVID-19 pandemic and its
impacts on the economy and local budgets; and
WHEREAS, in June 2019, the County, Destination: Home, and other cities and non-
profits, embarked on strategic planning and an extensive community engagement process to
develop a new five-year Community Plan 2020-25; and
WHEREAS, during the development of the new Community Plan, community feedback
was sought to identify successes and challenges in the homeless system of care, and to collect
innovative and inspiring ideas about how to address homelessness generally countywide, and
specifically for certain subgroups such as youth and families; and
WHEREAS, this work resulted in the development of 14 strategies that fall into three
focus areas: (1) Address the root causes of homelessness through system and policy change; (2)
Expand homelessness prevention and housing programs to meet the need; and (3) Improve
quality of life for unsheltered individuals and create healthy neighborhoods for all; and
WHEREAS, many of the Community Plan strategies are items that the City of Palo Alto
regularly advances, some of which have been newly implemented given the urgent and ongoing
COVID-19 pandemic; and
Attachment A 8.a
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*NOT YET APPROVED*
2
WHEREAS, the Community Plan provides stakeholders with a common agenda that, if
followed, will result in large collective impact, and endorsement of the new Community Plan
will provide the City the certainty to keep implementing urgent strategies to address the
homelessness crisis;
WHEREAS, supporting the Community Plan does not commit the City of Palo Alto to any
one component but rather encourages the implementation of strategies and funding for
programs to proactively house and serve the homeless, relative to the resources available in
Palo Alto and subject to City Council approval; and
WHEREAS, the City Council’s support of the Community Plan would continue to advance
the goal of developing regional strategies in collaboration with other jurisdictions and agencies
to end and prevent homelessness by creating permanent housing solutions and enhancing
existing service systems;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palo Alto endorse
the Santa Clara Community Plan to End Homelessness 2020-25.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_____________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_____________________________ _____________________________
City Attorney City Manager
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City of Palo Alto (ID # 12400)
City Council Staff Report
Report Type: Informational Report Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Sales Tax Digest Summary Calendar 2020 Q4
Title: Sales Tax Digest Summary 4th Quarter Calendar 2020
From: City Manager
Lead Department: Administrative Services
Information
This report transmits information regarding the City of Palo Alto’s sales tax receipts for the
fourth quarter (October to December) of 2020. This report has been modified from prior
versions to incorporate feedback and reporting needs as the City continues to manage through
this pandemic which lengthened the typical report cycle time for this information.
There are two attachments to this report that provide a further level of information:
• City of Palo Alto Sales Tax Digest Summary (Attachment A)
• California Legislative Update March 2021 (Attachment B)
The City’s sales tax cash receipts of $7.3 million for the fourth quarter (October to December
2020) is $2.5 million (25.4 percent) lower than the same quarter of the prior year (see
Attachment A, chart 5). However, this decrease includes late payment anomalies related to a
California sales tax 90-day extension program for small businesses. After adjustments for non-
period related payments, the overall economic quarter over quarter sales activity decreased by
$1.9 million (23.6 percent).
For the year ending in the fourth quarter of 2020, sales tax cash receipts (including pools) for
the City declined 27.3 percent from the prior year. In comparison, statewide receipts declined
7.2 percent, Northern California declined 5.1 percent and Southern California declined 8.6
percent for the same period.
After adjustments for non-period related payments, the overall economic sales tax activity
(local business excluding pools) in Palo Alto decreased by 21.3 percent. Adjusted statewide
receipts declined 17.0 percent, while Northern California declined 13.4 percent and Southern
California declined 19.3 percent for the same period in contrast.
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Many economic factors in 2020 driven by pandemic impacts attributed to the decline in
California sales tax. This reporting period represents the holiday season during the global
COVID-19 pandemic including one of the surges in the spread of the virus. The Economic GDP
fell by 3.5 percent in 2020, the largest decrease in modern history. Spending on services
decreased by 7.3 percent, offset by the increase of 3.9 percent in goods spending. California’s
unemployment rate averaged 10.2 percent in 2020, compared to an unemployment rate
averaging 4.1 percent in 2019.
.
Attachments:
• Attachment9.a: Attachment A: 2020 Q4 Sales Tax Digest Summary (Calendar Y ear)
• Attachment9.b: Attachment B: Legislative Update, March 2021
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City of Palo Alto
Sales Tax Digest Summary
Collections through March 2020
Sales through December 2020 (2020Q4)
www.avenuinsights.com (800) 800-8181 Page 1
California Overview
For the year ending in fourth quarter of 2020, cash receipts (including pools) decreased -7.2% statewide,
-5.1% in Northern California and -8.6% in Southern California. However, when we adjust for non-period
related payments, the overall economic sales activity (excluding pools) for the year ending in fourth
quarter of 2020 decreased by -17.0% statewide, -19.3% in Southern California and -13.4% in Northern
California.
City of Palo Alto
For the year ending in fourth quarter of 2020, sales tax cash receipts (including pools) for the city declined
-27.3% from the prior year. However, when adjusted for non-period related payments, the overall
economic sales tax activity (local businesses excluding pools) in Palo Alto for the year ending in fourth
quarter of 2020 decreased by -21.3%.
On a quarterly basis, sales tax cash receipts (including pools) decreased by -25.4% from Quarter 4 2019 to
Quarter 4 2020. However, this decrease includes late payment anomalies related to a state sales tax
extension program. The period’s cash receipts include tax from business activity during the period,
payments for prior periods and other cash adjustments. When adjusted for non-period related payments,
the overall economic quarter over quarter sales tax activity (local businesses excluding pools - Q4 2019 to
Q4 2020) in Palo Alto decreased by -23.6%.
Regional Overview
The first chart on page two shows adjusted economic benchmark year amounts, which means that it
shows a full calendar year from the first quarter of 2020 through fourth quarter of 2020 compared to
first quarter of 2019 through fourth quarter of 2019 (benchmark years are rolling annual comparisons
through the current quarter). The decrease is different between the state and Palo Alto because the
sales tax from businesses in Palo Alto were more impacted than those statewide.
Attachment A
Attachment A - 1
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$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
Quarterly Benchmark Year
% of Total / % Change PALO ALTO
California
Statewide S.F. Bay Area Sacramento
Valley
Central
Valley South Coast Inland Empire North Coast Central Coast
General Retail 24.4 / -42.5 26.8 / -16.9 25.6 / -15.9 26.3 / -6.9 33.7 / 7.0 26.1 / -19.1 26.4 / -33.1 28.2 / -2.1 25.4 / -25.4
Food Products 13.2 / -43.7 19.1 / -26.3 18.5 / -32.5 16.0 / -15.2 14.7 / -14.6 20.8 / -24.6 17.8 / -32.5 20.4 / -25 28.9 / -29.6
Transportation 21.5 / -24.0 23.3 / -17.5 20.7 / -20.3 28.0 / -7.2 22.4 / -17.2 23.6 / -13.8 25.3 / -32.0 26.3 / -4.4 24.1 / -9.3
Business to Business 37.8 / -7.7 18.1 / -13.5 22.1 / -7.2 15.1 / -4.9 16.5 / -9.9 17.8 / -13.2 15.0 / -35.3 9.1 / -6.2 10.2 / -14.8
Misc/Other 3.1 / 17.1 12.7 / -3.2 13.0 / -5.8 14.7 / 0.0 12.7 / 1.8 11.7 / 2.1 15.4 / -19.2 16.0 / 8.0 11.4 / 8.1
Total 100.0 / -21.3 100.0 / -17.0 100.0 / -17.7 100.0 / -7.2 100.0 / -6.1 100.0 / -16.1 100.0 / -31.2 100.0 / -7.4 100.0 / -19.5
PALO ALTO
California
Statewide S.F. Bay Area Sacramento
Valley
Central
Valley South Coast Inland Empire North Coast Central Coast
Largest Segment Leasing Restaurants Restaurants Auto Sales -
New
Department
Stores Restaurants Department
Stores Restaurants Restaurants
% of Total / % Change 18.4 / 34.2 12.2 / -34.4 11.5 / -42.2 12.4 / 0.1 12.1 / -2.6 13.7 / -32.8 10.9 / -27.4 13.9 / -34.5 18.2 / -39.0
2nd Largest Segment Auto Sales -
New
Auto Sales -
New Auto Sales - New Department
Stores
Furniture/
Appliance
Auto Sales -
New
Auto Sales -
New
Department
Stores
Auto Sales -
New
% of Total / % Change 18.1 / -22.7 11.4 / -8.7 11.2 / -12.6 11.5 / 3.1 9.7 / 59.0 12.1 / -4.1 10.9 / -22.6 11.4 / -0.2 14.4 / 9.0
3rd Largest Segment Office
Equipment
Department
Stores
Miscellaneous
Retail Restaurants Auto Sales -
New
Department
Stores Restaurants Auto Sales -
New Food Markets
% of Total / % Change 11.9 / -31.5 9.1 / -13.7 9.6 / 9.7 9.9 / -22.8 9.0 / -21.2 8.8 / -12.7 10.6 / -37.3 11.0 / 6.6 8.6 / -7.2
*** Not specified to maintain confidentiality of tax information
ECONOMIC CATEGORY ANALYSIS FOR YEAR ENDED 4th Quarter 2020
ECONOMIC SEGMENT ANALYSIS FOR YEAR ENDED 4th Quarter 2020
Regional Overview Chart (Economic)
Gross Historical Sales Tax Cash Receipts by Benchmark Year and Quarter (Before Adjustments)
Chart 1
Chart 2
Attachment A
Attachment A - 2
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Auto Sales -New
18.1%
Restaurants
11.1%
Leasing
18.4%
Office Equipment
11.9%Furniture/Appliance
4.1%
Department Stores
3.7%
All Other
32.7%
Net Pools & Adjustments
21.6%
Anderson Honda Louis Vuitton Shreve & Co.
Apple Stores Lucile Packard Children's Hospital Space Systems Loral
Audi Palo Alto Macy's Department Store Stanford Outpatient Clinic Pharmacy
Dell Marketing Magnussen's Toyota of Palo Alto Tesla
Enclos Corporation Neiman Marcus Department Store Tesla Lease Trust
Hengehold Trucks Nordstrom Department Store Tiffany & Company
Hermes Richemont Varian Medical Systems
Houzz Shop Shell Service Stations Volvo Cars Palo Alto
HP Computing & Printing
Net Cash Receipts for Benchmark Year 4th Quarter 2020: $25,357,425
* Benchmark year (BMY) is the sum of the current and 3 previous quarters (2020Q4 BMY is sum of 2020 Q4, 2020 Q3, 2020 Q2, 2020 Q1)
TOP 25 SALES/USE TAX CONTRIBUTORS
The following list identifies Palo Alto’s Top 25 Sales/Use Tax contributors. The list is in alphabetical order
and represents the year ended 4th Quarter 2020. The Top 25 Sales/Use Tax contributors generate 63.0%
of Palo Alto’s total sales and use tax revenue.
Chart 3 Attachment A
Attachment A - 3
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$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Benchmark Year 2020Q4 Benchmark Year 2019Q4
Sales Tax from Largest Non-Confidential Sales Tax Segments (Economic)
Chart 4 Attachment A
Attachment A - 4
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Economic Category % 2020Q4 2020Q3 2020Q2 2020Q1 2019Q4 2019Q3 2019Q2 2019Q1 2018Q4 2018Q3 2018Q2
Business To Business 32.3% 1,948,294 2,027,964 1,870,893 2,010,844 2,381,737 1,950,735 1,958,684 2,244,140 1,910,168 1,390,421 1,738,805
Miscellaneous/Other 27.4% 1,650,242 1,321,778 990,334 1,225,410 1,692,985 1,516,049 1,784,443 1,464,631 2,497,498 2,248,618 1,500,660
General Retail 28.3% 1,709,004 1,298,977 657,723 1,449,509 2,573,066 2,415,683 1,993,189 1,887,330 2,559,140 2,103,433 1,784,418
Food Products 12.0% 721,698 647,289 434,446 976,479 1,244,954 1,203,802 1,267,934 1,176,607 1,240,898 1,200,777 1,149,998
Subtotal Economic (Local Business) 82.1% 6,029,238 5,296,007 3,953,397 5,662,242 7,892,743 7,086,269 7,004,251 6,772,708 8,207,703 6,943,250 6,173,881
Net Pools & Adjustments 17.9% 1,311,945 1,227,317 1,872,972 4,307 1,949,165 1,471,130 1,742,411 942,447 1,700,082 2,776,978 1,640,111
Total Cash Receipts 100.0% 7,341,183 6,523,324 5,826,368 5,666,550 9,841,908 8,557,399 8,746,661 7,715,155 9,907,785 9,720,228 7,813,992
Economic Segment % 2020Q4 2020Q3 2020Q2 2020Q1 2019Q4 2019Q3 2019Q2 2019Q1 2018Q4 2018Q3 2018Q2
Miscellaneous/Other 66.6% 4,014,369 3,687,523 3,192,638 3,556,542 4,675,922 4,323,203 4,044,470 4,097,682 4,842,499 4,049,966 3,603,314
Restaurants 10.0% 600,427 543,111 339,414 853,240 1,095,153 1,072,082 1,122,871 1,041,119 1,079,230 1,061,607 1,002,473
Miscellaneous Retail 7.6% 456,914 325,380 107,313 279,945 500,221 384,381 392,196 333,960 544,739 368,526 349,179
Apparel Stores 6.1% 365,837 263,940 72,307 305,736 552,734 469,447 486,790 408,476 599,685 509,814 365,635
Department Stores 5.2% 315,453 186,208 29,823 245,862 552,822 431,508 453,439 356,943 599,796 475,142 405,604
Service Stations 2.1% 127,467 108,840 70,063 146,282 181,063 175,309 185,969 159,032 173,915 179,644 162,352
Food Markets 1.5% 91,881 81,580 76,039 102,026 118,952 104,192 113,153 106,194 124,138 109,282 121,403
Business Services 0.9% 56,890 99,426 65,799 172,609 215,876 126,148 205,363 269,302 243,701 189,269 163,922
Subtotal Economic (Local Business) 82.1% 6,029,238 5,296,007 3,953,397 5,662,242 7,892,743 7,086,269 7,004,251 6,772,708 8,207,703 6,943,250 6,173,881
Net Pools & Adjustments 17.9% 1,311,945 1,227,317 1,872,972 4,307 1,949,165 1,471,130 1,742,411 942,447 1,700,082 2,776,978 1,640,111
Total Cash Receipts 100.0% 7,341,183 6,523,324 5,826,368 5,666,550 9,841,908 8,557,399 8,746,661 7,715,155 9,907,785 9,720,228 7,813,992
Historical Analysis by Calendar Quarter
The chart above shows the categories and segments in quarterly economic basis amounts. The total amount is the net cash receipts, and it was obtained by adding
up the categories/segments with the “Net Pools & Adjustments” amount.
Chart 5 Attachment A
Attachment A - 5
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Quarterly Analysis by Sales Tax Category: Change from 2019Q4 to 2020Q4 (Economic)
Unlike the chart on page one which showed a ‘benchmark year’ through fourth quarter of 2020, the chart above shows a comparison of one quarter only – fourth
quarter of 2020 to fourth quarter of 2019. This chart is for local ‘brick and mortar’ businesses and it excludes county pools and adjustments.
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Campbell -13.1% -31.8% -30.9% 6.9% 11.8%2,232,996 2,604,068 -14.2% Bldg.Matls-Retail Office Equipment Restaurants Service Stations
Cupertino -18.5% -38.1% -57.6% 96.4% -48.5%15,101,519 8,648,808 74.6% Office Equipment Recreation Products Restaurants I.T. Infrastructure
Gilroy -9.4% -15.9% -49.2% -10.3% 12.9%3,522,530 4,471,332 -21.2% Miscellaneous Other Department Stores Auto Sales - New Apparel Stores
Los Altos -16.8% -28.2% -45.3% 32.3% -45.0%484,923 647,781 -25.1% Green Energy Recreation Products Restaurants Service Stations
Los Gatos -30.0% -26.8% -29.3% -26.7% -17.1%1,200,218 1,649,548 -27.2% Recreation Products Bldg.Matls-Retail Restaurants Furniture/Appliance
Milpitas -35.5% -38.7% -13.3% -10.1% -9.5%4,685,337 6,063,946 -22.7% Heavy Industry Bldg.Matls-Retail Apparel Stores Restaurants
Morgan Hill -0.2% -10.6% -16.9% 38.9% 8.9%1,982,374 2,071,269 -4.3% Heavy Industry Energy Sales Service Stations Light Industry
Mountain View -11.2% -21.0% -20.4% -29.8% -4.3%3,848,533 4,768,314 -19.3% Health & Government Auto Sales - New Restaurants Business Services
Palo Alto -33.3% -42.0% -16.3% -18.2% 620.5%6,029,238 7,892,743 -23.6% Leasing Health & Government Office Equipment Restaurants
San Jose 0.7% -28.9% -15.0% -21.5% 7.0%47,312,633 52,811,222 -10.4% Miscellaneous Retail Bldg.Matls-Whsle Restaurants Service Stations
Santa Clara -20.1% -37.5% -11.3% -8.7% -18.4%10,577,130 12,576,406 -15.9% Office Equipment I.T. Infrastructure Restaurants Electronic Equipment
County of Santa Clara -44.9% -31.1% 10.6% -5.7% -17.9%997,047 1,259,493 -20.8% Misc. Vehicle Sales Heavy Industry Miscellaneous Retail Restaurants
Saratoga -23.5% -28.4% -32.3% -53.6% -15.1%191,796 269,386 -28.8% Bldg.Matls-Retail Electronic Equipment Restaurants Service Stations
Sunnyvale -32.9% -33.8% -24.6% 3.0% 12.0%5,283,009 6,416,636 -17.7% Office Equipment Bldg.Matls-Whsle Restaurants Auto Sales - New
Chart 6 Attachment A
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California Avenue % CHANGE QoQ 2020Q4 QE 2019Q4 QE 20Q4 % OF TOTAL 19Q4 % OF TOTAL
FOOD PRODUCTS -26.1% 41,653 56,364 42.3%45.8%
GENERAL RETAIL 38.6% 27,791 20,050 28.2%16.3%
ALL OTHER -37.5% 29,099 46,595 29.5%37.9%
TOTAL -19.9% 98,543 123,009 100.0% 100.0%
El Camino Real and Midtown % CHANGE QoQ 2020Q4 QE 2019Q4 QE 20Q4 % OF TOTAL 19Q4 % OF TOTAL
FOOD PRODUCTS -47.7% 91,870 175,673 17.6%16.1%
GENERAL RETAIL -18.5% 34,224 41,985 6.6%3.8%
ALL OTHER -54.8% 395,152 875,137 75.8%80.1%
TOTAL -52.3% 521,245 1,092,795 100.0% 100.0%
Greater Downtown % CHANGE QoQ 2020Q4 QE 2019Q4 QE 20Q4 % OF TOTAL 19Q4 % OF TOTAL
FOOD PRODUCTS -48.6% 242,646 471,659 50.4%47.5%
GENERAL RETAIL -54.8% 179,419 396,924 37.2%40.0%
BUSINESS TO BUSINESS -62.2% 36,372 96,206 7.5%9.7%
CONSTRUCTION -12.3% 13,265 15,118 2.8%1.5%
MISCELLANEOUS -22.3% 7,296 9,384 1.5%0.9%
TRANSPORTATION -22.3% 2,816 3,623 0.6%0.4%
TOTAL -51.5% 481,815 992,914 100.0% 100.0%
Stanford Shopping Center % CHANGE QoQ 2020Q4 QE 2019Q4 QE 20Q4 % OF TOTAL 19Q4 % OF TOTAL
GENERAL RETAIL -32.7% 999,266 1,484,905 73.0%89.4%
FOOD PRODUCTS -21.9% 121,536 155,564 8.9%9.4%
ALL OTHER 100+% 247,413 21,383 18.1%1.3%
TOTAL -17.7% 1,368,215 1,661,852 100.0% 100.0%
City of Palo Alto Geo Areas & Citywide Chart Data: Change from 2019Q4 to 2020Q4 (Economic)
Chart 7 Attachment A
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Town And Country Shopping Center % CHANGE QoQ 2020Q4 QE 2019Q4 QE 20Q4 % OF TOTAL 19Q4 % OF TOTAL
GENERAL RETAIL -42.4% 50,178 87,041 46.6%51.4%
ALL OTHER -30.2% 57,547 82,417 53.4%48.6%
TOTAL -36.4% 107,726 169,458 100.0% 100.0%
All Other Geos combined with Balance of Jurisdiction % CHANGE QoQ 2020Q4 QE 2019Q4 QE 20Q4 % OF TOTAL 19Q4 % OF TOTAL
BUSINESS TO BUSINESS -13.9% 1,811,527 2,103,496 32.6%29.3%
GENERAL RETAIL -35.7% 1,515,694 2,355,923 27.3%32.8%
TRANSPORTATION -14.3% 1,416,837 1,652,972 25.5%23.0%
FOOD PRODUCTS -43.6% 588,006 1,041,832 10.6%14.5%
CONSTRUCTION 187.4% 141,867 49,369 2.6%0.7%
MISCELLANEOUS 100+% 83,351 (24,517)1.5%-0.3%
TOTAL -22.6% 5,557,282 7,179,076 100.0% 100.0%
All Geo Area Totals Comparison 20Q4 & 19Q4 % CHANGE QoQ 2020Q4 QE 2019Q4 QE 20Q4 % OF TOTAL 19Q4 % OF TOTAL
Balance of Jurisdiction -5.1% 2,979,739 3,139,048 53.6%43.7%
Stanford Shopping Center -17.7% 1,368,215 1,661,852 24.6%23.1%
El Camino Real and Midtown -52.3% 521,245 1,092,795 9.4%15.2%
Greater Downtown -51.5% 481,815 992,914 8.7%13.8%
Town And Country Shopping Center -36.4% 107,726 169,458 1.9%2.4%
California Avenue -19.9% 98,543 123,009 1.8%1.7%
TOTAL -22.6% 5,557,282 7,179,076 100.0% 100.0%
Palo Alto citywide QE 20Q4 & 19Q4 % CHANGE QoQ 2020Q4 QE 2019Q4 QE 20Q4 % OF TOTAL 19Q4 % OF TOTAL
BUSINESS TO BUSINESS -18.2% 1,948,294 2,381,737 32.3%30.2%
GENERAL RETAIL -33.6% 1,709,004 2,573,066 28.3%32.6%
TRANSPORTATION -16.3% 1,386,237 1,656,345 23.0%21.0%
FOOD PRODUCTS -42.0% 721,698 1,244,954 12.0%15.8%
CONSTRUCTION 174.5% 147,280 53,650 2.4%0.7%
MISCELLANEOUS 100+% 116,726 (17,009)1.9%-0.2%
TOTAL -23.6% 6,029,238 7,892,743 100.0% 100.0%
City of Palo Alto Geo Areas & Citywide Chart Data: Change from 2019Q4 to 2020Q4 (Economic) Cont.
Attachment A
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FOOD PRODUCTS, -26.1% CHANGE,
$41,653 , 42.3% TOTAL
GENERAL RETAIL, 38.6% CHANGE,
$27,791 , 28.2% TOTAL
ALL OTHER,
-37.5% CHANGE, $29,099 ,
29.5% TOTAL
California Avenue 2020Q4 SALES TAX AMOUNTS
FOOD PRODUCTS, $56,364 ,
45.8%TOTAL
GENERAL RETAIL,
$20,050 , 16.3%TOTAL
ALL OTHER, $46,595 ,
37.9%TOTAL
California Avenue 2019Q4 SALES TAX AMOUNTS
FOOD PRODUCTS,
-47.7%CHANGE, $91,870 ,
17.6%TOTAL
GENERAL RETAIL,
-18.5% CHANGE, $34,224 ,
6.6%TOTAL
ALL OTHER,
-54.8% CHANGE, $395,152 ,
75.8%TOTAL
El Camino Real and Midtown 2020Q4 SALES TAX AMOUNTS
FOOD PRODUCTS,
$175,673 , 16.1%TOTAL
GENERAL RETAIL,
$41,985,
3.8%TOTAL
ALL OTHER, $875,137,
80.1%TOTAL
El Camino Real and Midtown 2019Q4 SALES TAX AMOUNTS
City of Palo Alto Geo Area Pie Charts
Chart 8
Attachment A
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FOOD PRODUCTS,
-48.6%CHANGE, $242,646 ,
50.4%TOTAL
GENERAL RETAIL,
-54.8% CHANGE,
$179,419 ,
37.2%TOTAL
BUSINESS TO BUSINESS,
-62.2% CHANGE, $36,372 ,
7.5%TOTAL
CONSTRUCTION, -12.3% CHANGE,
$13,265 , 2.8%TOTAL
MISCELLANEOUS, -22.3% CHANGE,
$7,296 , 1.5%TOTAL
TRANSPORTATION, -22.3% CHANGE,
$2,816 , 0.6%TOTAL
Greater Downtown 2020Q4 SALES TAX AMOUNTS
FOOD PRODUCTS,
$471,659 , 47.5%TOTAL
GENERAL RETAIL,
$396,924 , 40.0%TOTAL
BUSINESS TO BUSINESS,
$96,206 , 9.7%TOTAL
CONSTRUCTION,
$15,118 , 1.5%TOTAL
MISCELLANEOUS,
$9,384 , 0.9%TOTAL
TRANSPORTATION,
$3,623 , 0.4%TOTAL
Greater Downtown 2019Q4 SALES TAX AMOUNTS
GENERAL RETAIL, -32.7% CHANGE,
$999,266 , 73.0%TOTAL
FOOD PRODUCTS,
-21.9% CHANGE,
$121,536 , 8.9%TOTAL
ALL OTHER, 100.0+% CHANGE,
$247,413 , 18.1%TOTAL
Stanford Shopping Center 2020Q4 SALES TAX AMOUNTS
GENERAL RETAIL, $1,484,905 ,
89.4%TOTAL
FOOD PRODUCTS,
$155,564 , 9.4%TOTAL
ALL OTHER, $21,383 ,
1.3%TOTAL
Stanford Shopping Center 2019Q4 SALES TAX AMOUNTS
City of Palo Alto Geo Areas Pie Charts
Attachment A
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GENERAL RETAIL,
-42.4%CHANGE, $50,178 ,
46.6%TOTAL
ALL OTHER, -30.2% CHANGE,
$57,547 , 53.4%TOTAL
Town And Country Shopping Center 2020Q4 SALES TAX
AMOUNTS
GENERAL RETAIL, $87,041 ,
51.4%TOTAL
ALL OTHER, $82,417 ,
48.6%TOTAL
Town And Country Shopping Center 2019Q4 SALES TAX
AMOUNTS
BUSINESS TO BUSINESS,
-13.9%CHANGE,
$1,811,527 , 34.1%TOTAL
GENERAL RETAIL, -35.7% CHANGE,
$1,515,694 , 28.5%TOTAL
TRANSPORTATION,
-14.3% CHANGE,
$1,416,837 ,
26.7%TOTAL
FOOD PRODUCTS,
-43.6% CHANGE, $588,006 ,
11.1%TOTAL
CONSTRUCTION, 187.4% CHANGE,
$141,867 , 2.7%TOTAL
MISCELLANEOUS, 100+% CHANGE,
$83,351 , 1.6%TOTAL
All Other Geos combined with Balance of Jurisdiction 2020Q4
SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
$2,103,496 , 32.6%TOTAL
GENERAL RETAIL,
$2,355,923 , 36.5%TOTAL
TRANSPORTATION,
$1,652,972 ,
25.6%TOTAL
FOOD PRODUCTS, $1,041,832 ,
16.1%TOTAL
CONSTRUCTION,
$49,369 , 0.8%TOTAL
MISCELLANEOUS,
$(24,517), -0.4%TOTAL
All Other Geos combined with Balance of Jurisdiction 2019Q4
SALES TAX AMOUNTS
City of Palo Alto Geo Area Pie Charts
Attachment A
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BUSINESS TO BUSINESS,
-18.2%CHANGE,
$1,948,294 , 32.3%TOTAL
GENERAL RETAIL,
-33.6% CHANGE,
$1,709,004 , 28.3%TOTAL
TRANSPORTATION,
-16.3% CHANGE,
$1,386,237 ,
23.0%TOTAL
FOOD PRODUCTS,
-42.0% CHANGE, $721,698 ,
12.0%TOTAL
CONSTRUCTION,
174.5% CHANGE, $147,280 ,
2.4%TOTAL
MISCELLANEOUS, 100+% CHANGE,
$116,726 , 1.9%TOTAL
Palo Alto citywide 2020Q4 SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
$2,381,737 , 30.2%TOTAL
GENERAL RETAIL,
$2,573,066 , 32.6%TOTAL
TRANSPORTATION,
$1,656,345 ,
21.0%TOTAL
FOOD PRODUCTS,
$1,244,954 , 15.8%TOTAL
CONSTRUCTION,
$53,650 , 0.7%TOTAL MISCELLANEOUS, $(17,009),
-0.2%TOTAL
Palo Alto citywide 2019Q4 SALES TAX AMOUNTS
Balance of Jurisdiction,
-5.1%CHANGE, $2,979,739 ,
53.6%TOTAL
Stanford Shopping Center,
-17.7% CHANGE, $1,368,215 ,
24.6%TOTAL
El Camino Real and Midtown,
-52.3% CHANGE, $521,245 ,
9.4%TOTAL
Greater Downtown,
-51.5% CHANGE,
$481,815 , 8.7%TOTAL
Town And Country Shopping Center,
-36.4% CHANGE, $107,726 , 1.9%TOTAL
California Avenue, -19.9% CHANGE,
$98,543 , 1.8%TOTAL
All Geo Area Totals 2020Q4 SALES TAX AMOUNTS
Balance of Jurisdiction,
$3,139,048 , 43.7%TOTAL
Stanford Shopping Center,
$1,661,852 , 23.1%TOTAL
El Camino Real and Midtown,
$1,092,795 , 15.2%TOTAL
Greater Downtown,
$992,914 , 13.8%TOTAL
Town And Country Shopping Center,
$169,458 , 2.4%TOTAL California Avenue,
$123,009 , 1.7%TOTAL
All Geo Area Totals 2019Q4 SALES TAX AMOUNTS
City of Palo Alto Geo Area & Citywide Pie Charts
Chart 8
Attachment A
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March 2021
Things are starting to pick up steam in Sacramento and we will be reporting regularly as
legislation and related actions unfolds. Please feel free to contact me with any questions.
Fran Mancia, Vice President of Government Relations Fran.Mancia@AvenuInsights.com
Although the state Capitol remains quiet with only one staffer permitted in the building
per legislator, the legislative session has resumed with its usual rigor. Meetings with
legislators and staff via teleconference continue, newly introduced legislation is being
analyzed, budget hearings began on an expedited timeline. The Department of Finance is
slowly releasing trailer bill language clarifying some of the Administration’s January budget proposal, and the
Legislative Analyst’s staff is busy making recommendations about how the Legislature should respond to it.
February 19 was the bill introduction deadline, and so far, there seems to be a disproportionate number of spot
bills – measures without substantive changes to current law used as placeholders until substantive language is
drafted. In total, 1,564 Assembly bills have been introduced and 815 Senate bills. Policy committee hearings
are slowly ramping up and the Senate waived the requirement that legislation be in print for 30 days prior to be
heard in policy committees, which further expedites hearings.
Revenues
Governor Gavin Newsom announced on TikTok and twitter in February that the State has $10.3 billion in
additional revenues that were not included in the governor’s January budget proposal. The additional funding is
the result of tax revenues exceeding projections by $2.6 billion in December and $7.7 billion in January. The
Department of Finance will include the new revenues in their May Revision, however, in the meantime, the
governor stated that the additional funding will allow the State to direct additional funding to small businesses,
vaccine administration, public schools, and reserves. The Legislature will also consider the new revenues as
they review the governor’s budget and their own priorities.
Early Action Budget Agreement
Governor Newsom signed the negotiated early action agreement on February 23 contained in the following
package of bills.
AB 85 (Committee on Budget) Budget Act of 2020, amends the 2020 Budget Act appropriating approximately
$1.4 billion General Fund and $123 million Proposition 98 funding:
x Golden State Stimulus Grants
o $163,000 for administration costs and $500,000 for automation costs at the Department of Social
Services;
o $243.2 million for grant payments to CalWORKs families; and
o $750 million for grant payments to SSI/SSP and California Assistance Program for Immigrants
beneficiaries.
California Legislative Update – March 2021
Attachment B
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x $242.3 million to disregard pandemic unemployment compensation from being considered as income
for CalWORKs eligibility.
x CalFresh Outreach
o $28.8 million ($11.8 million General Fund) for CalFresh county administration and outreach
costs associated with the temporary federal expansion of eligibility to higher education students;
o $650,000 General Fund to the University of California;
o $1.3 million General Fund to California State University;
o $3.1 million Prop 98 funding California Community Colleges; and
o $1 million General Fund to Chico State’s Center for Healthy Communities.
x $30 million for emergency food assistance at food banks and $5 million for diaper banks.
x $24 million to support the Housing for the Harvest program to help farmworkers quarantine after
exposure to COVID-19.
x $90 million General Fund to the Alcoholic Beverage Control Fund to backfill revenues as a result of fee
waivers for licensees.
x Education
o $5.3 million ($1.9 million General Fund, $3.4 million Prop 98) to extend family fee waivers for
the California State Preschool Program through June 30, 2021;
o $100 million Prop 98 funding to provide low-income community college students with
emergency financial aid;
o $20 million Prop 98 funding to support student retention and enrollment at California
Community Colleges; and
o $1.4 million for the Asian American Studies Center at the University of California Los Angeles
campus.
AB 85 also contains language allowing $23 million allocated in the 2020-21 Budget Act dedicated to counties
for voter education and outreach to be used for a contract awarded by the Secretary of State.
Additionally, the measure amends existing budget control language to allow the Department of Finance to
allocate federal funds provided to the State as a result of federal legislation passed between December 26, 2020
and December 31, 2020 for COVID-19 public health emergency expenses including testing, contact tracing,
food assistance, and vaccinations.
AB 81 (Ting) COVID-19 relief, includes the following provisions:
x Appropriates $5 million General Fund to the Franchise Tax Board to conduct outreach for the Golden
State Stimulus.
x Changes to SB 91 (Chapter 2, Statutes of 2021), the Tenant Relief Act, clarifying that local rent
repayment plans can have repayment schedules through August 31, 2022; instances where courts may
reduce damages awarded for COVID-19 rental debt; that most actions to collect rental debt are stayed
until August 1, 2021; and that landlords that participate in the program receive 80 percent of back rent
due, rather than “up to” 80 percent.
x Clarifies that the State’s participation in Federal-State Unemployment Insurance Extended Benefits
applies to the federal Continued Assistance Act, which continued funding this program until March 14,
2021.
x Includes language to disregard pandemic unemployment compensation from being considered as income
for CalWORKs eligibility.
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AB 82 (Ting) COVID-19 pandemic emergency: contact tracing: childcare, appropriates $1.8 million ($817,000
General Fund) in employee compensation related to an MOU with labor, and $654.3 million in federal funds:
x Child Care: $400.3 million in one-time federal Coronavirus Response and Relief Supplemental Act
funds:
o $244 million for one-time provider pandemic relief stipend of $525 per child enrolled in a
subsidized child care program to all subsidized childcare providers.
o $80 million to expand child care alternative payment voucher access to new essential workers.
o $76 million to extend child care alternative payment vouchers for essential workers.
o $2 million for administration costs for the Department of Education and Department of Social
Services.
o An increase in paid non-operational days for child care providers that accept state vouchers, from
24 to 40 days.
x Child Care Providers United: AB 82 reflects a tentative agreement appropriating $110 million in
Coronavirus Aid, Relief, and Economic Security (CARES) Act funds:
o $80 million for emergency child care allocated to extend and expand emergency child care as
well as address agency over-earnings for school age children now on distance learning and
requiring care during school hours; and
o $30 million to pay providers the cost of lost fees while families are on distance learning.
SB 94 (Skinner) Alcoholic beverage control: barbering and cosmetology: license renewal fees: waiver, exempts
Board of Barbering and Cosmetology licensees from paying license renewal fees and authorizes the Department
of Alcoholic Beverage Control to issue renewal fee waivers to certain licensees. Appropriates $25.6 million
from the General Fund to the Barbering and Contingent Fund to be used to backfill revenues related to the
license renewal fee waivers.
SB 87 (Caballero) California Small Business COVID-19 Relief Grant Program: income tax: gross income:
exclusion: small business grants, appropriates $2.075 billion from the General Fund to the Golden State
Stimulus Emergency Fund and establishes the California Small Business COVID-19 Relief Grant Program.
AB 88 (Committee on Budget) One-time stimulus payment: delinquent accounts: Earned Income Tax Credit:
statements, the Golden State Stimulus trailer bill, provides $3.7 billion in direct relief to millions of low-income
Californians:
x $2.3 billion to provide $600 additional tax rebate for all CalEITC recipients for the 2020 tax year.
x $470 million to provide the $600 tax rebate for all ITIN tax filers up to $75,000 of income.
x $243 million to provide the $600 additional grant for families enrolled in CalWORKs.
x $750 million to provide the $600 additional grant for individuals enrolled in Supplemental Security
Income/State Supplemental Program (SSI/SSP) or Cash Assistance Program for Aged, Blind, and
Disabled Legal Immigrants (CAPI).
Approximately 5.7 million low-income households will benefit from the $600 stimulus payments provided in
AB 88.
Eviction Moratorium and State Rental Assistance Program
Governor Newsom signed SB 89 and SB 91 extending the State’s eviction moratorium, establishing a State
Rental Assistance Program, and appropriating the federal funding needed to implement the State Rental
Assistance Program January 29.
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SB 91 extends, until June 30, 2021, the eviction moratorium established by AB 3088 (Chapter 37, Statutes of
2020). Under SB 91, a renter can avoid eviction until July 1, 2021 by paying 25% of their rent obligation, either
on a month-to-month basis or in one lump sum. Additionally, the legislation establishes a rental assistance
program to be administered by the Department of Housing and Community Development (HCD).
The State Rental Assistance Program assists renters by offering their landlord 80% of their unpaid rental debt
accumulated between April 1, 2020 and March 31, 2021, conditioned on the landlord's agreement that it be
considered payment in full. If a landlord declines to participate in the rental assistance program, an eligible
renter may apply for rental arrears assistance which will be limited to compensation of 25% of the eligible
household's unpaid rental debt between April 1, 2020 and March 31, 2021. Paying a landlord 25% of the rental
debt would prevent eviction until July 1, 2021. The program is funded using federal dollars.
Under the program, HCD will provide $150 million to counties with a population of less than 200,000, allocated
based on proportional share of population from the 2019 federal census data; and the remainder of the state
allocation (after the costs of state administration) will be distributed to eligible localities with a population of
200,000 or greater, based on their proportional share of the population from the 2019 federal census data.
x A municipality with a population greater than 500,000 shall receive their funding as a block grant from
the State to be implemented locally.
x A local government with a population of 499,999 or less, but greater than 200,000 may request an
allocation of block grant funds if they attest and HCD agrees that they have established a program
consistent with the requirements of the legislation.
x Localities with populations below 200,000, or those who opted to not receive their funds as a block
grant from the State, will receive their allocation of funding administered by a statewide program
implementer – a vendor who will manage and distribute emergency rental assistance resources.
COVID-19 Federal Spending
California State Auditor Elaine Howle released a report on the State’s management of federal Coronavirus
Relief Funds (CRF). The report evaluates both the division of funds between municipalities as well as state
oversight of the funding to ensure compliance with the Coronavirus Aid, Relief, and Economic Security
(CARES) Act. We anticipate the report is likely to be the subject of budget discussions in the coming months as
lawmakers vie for limited state funds for their districts. The following are the top-level takeaways from the
report.
x The CARES Act provided $15.3 billion to California for expenses incurred due to the public health
emergency. $5.8 billion of that funding was allocated directly to cities and counties with populations
greater than 500,000.
x $9.5 billion was allocated directly to the State and appropriated as follows:
o $4.5 billion to K-12 Education and Community Colleges for learning loss mitigation;
o $550 million to the Department of Housing and Community Development (HCD) for emergency
housing for homeless individuals and families;
o $1.3 billion to counties to address public health and safety needs due to COVID-19;
o $500 million to cities to address increased homelessness due to COVID-19 economic impacts
and for additional public safety services; and
o $2.7 billion to the State General Fund to reimburse COVID-19-related expenditures.
x Smaller counties received significantly less funding per person than the State’s 16 largest counties. In
making the recommendation for allocations, the Department of Finance stated that it believed there was
a higher spread of COVID-19 in the 16 larger counties due to population density. The State Auditor
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contends that Department of Public Health data doesn’t support that assertion and that the needs of many
small counties were at least the same if not greater than the needs of large counties.
o $650 million went to 42 counties that did not receive federal funds directly, providing them with
$102 per capita.
o $650 million was appropriated to the 16 large counties that had already directly received
funding. The large counties initially received $174 per person from the U.S. Treasury, then that
amount increased to at least $190 per person after they received the additional state allocation.
x The State Auditor believes that a more equitable distribution proposal would have been to allocate $1.1
billion to the 42 smaller counties and the remaining $200 million across all counties on a per-person
basis, which would have resulted in all counties receiving $179 per person. The Department of Finance
pointed out that although they can make recommendations regarding allocations, the Legislature and
governor make the ultimate decisions regarding appropriations.
x In terms of funding oversight, the California Department of Education, the Board of Governors of the
California Community Colleges, and HCD were responsible for overseeing and managing funds directed
to them. The Department of Public Health was charged with ensuring that counties adhered to the public
health directives required to receive funding, and the Governor’s Office of Emergency Services (Cal
OES) was charged with ensuring the same of cities.
x The State Auditor found that Cal OES did not consistently evaluate the 476 cities’ adherence to State
public health orders, reporting that only two cities passed resolutions inconsistent with the State’s health
orders – Atwater and Coalinga.
x Moving forward, the State Auditor recommends the following:
o The Department of Finance should ensure equitable treatment of local governments by proposing
a method to the Legislature to provide equitable funding to counties on a per-person basis or
other basis that treats counties fairly.
o The Department of Finance should continue to implement a monitoring plan already underway to
evaluate whether expenditures comply with the CARES Act, preventing the return of CRF funds
to the federal government.
o A formal process should be utilized to evaluate all cities’ adherence to requirements of the
funding.
LAO Analysis of Homelessness and Housing Proposals
The Legislative Analyst’s Office (LAO) released its analysis of the governor’s homelessness and housing
proposals which are being reviewed and heard by the appropriate budget subcommittees. The LAO’s
overarching message to the Legislature is that a long-term strategy is needed to address homelessness and
housing, and that strategy could better guide programmatic investments as compared to the administration’s
proposed one-time solutions.
Homelessness
The LAO recommends that the Legislature identify goals, solutions that align with those goals, set clear state
and local responsibilities, identify a state governance structure, establish a funding strategy, and develop
rigorous oversight mechanisms to address the State’s homelessness crisis. The governor’s homelessness
proposals focus on the acquisition and rehabilitation of properties using one-time resources, however, ongoing
funding for supportive services and maintenance would need to be provided by local governments.
Project Roomkey/Homekey:Project Roomkey was established to address immediate housing needs during the
pandemic. The State partnered with local governments to lease hotels and motels to provide housing to
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vulnerable individuals experiencing homelessness that were at risk of contracting COVID-19. In total, $112
million was allocated to Project Roomkey, securing 14,000 rooms (70% of which are occupied), and providing
short-term housing for 23,000 people in 42 counties.
The Homekey Program expands on Project Roomkey by providing funding to local public entities to purchase
and rehabilitate property for housing units, including hotels, motels, vacant apartment buildings, and other
buildings. Those buildings are then converted into interim or permanent long-term housing for homeless
individuals. $800 million in one-time funding has already been granted for the Homekey Program through 94
awards to local entities, with the expectation that approximately 6,000 units will be produced. So far under
Homekey, the average statewide cost per housing unit is $124,000 and the average local match is $24,000,
making the average total cost per unit $148,000.
The governor is proposing $750 million General Fund ($250 million proposed for early action) to continue the
Homekey Program. In evaluating this proposal, the LAO suggests that the Legislature consider the following:
x Does the Administration have a list of properties ready for purchase and renovation?
x Would early action allow homeless individuals to move in earlier than they otherwise would?
x The Department of Housing and Community Development (HCD) could be instructed to change evaluation
criteria for applications to align with the Legislature’s priorities.
x Local entities’ capacity to fund new ongoing costs is unclear, and there is no plan for preserving units in the
long-term.
x The expansion of Homekey is proposed without first assessing whether the original allocation proved
successful. How would HCD assess the program and inform the Legislature of needed changes?
x How will the acquisitions of new facilities in the three major homelessness proposals coordinate?
Board and Care Facilities:Adult Residential Facilities and Residential Care Facilities for the Elderly (board
and care facilities) are generally privately owned residential facilities that serve adults and seniors who cannot
live safely on their own. As of 2019, there were more than 12,000 facilities across the State serving more than
190,000 residents. The governor is proposing $250 million General Fund for the acquisition and rehabilitation
of board and care facilities with an emphasis on seniors who are experiencing homelessness or are at risk of
homelessness. The Department of Social Services would administer the program allocating funding directly to
local governments similar to the Homekey Program where the purchase of Residential Care Facilities for the
Elderly is already allowed. In evaluating this proposal, the LAO suggests that the Legislature consider the
following:
x How is this proposal fundamentally different than Homekey?
x Without aggregated data available about why facilities close or what happens to residents when facilities
close, assessing the impact of closures and the effectiveness of the administration’s proposal is difficult.
x How would funding be targeted to prevent closures and increase capacity?
x What role do board and care facilities play in addressing homelessness?
x Who is this proposal intended to serve – Project Roomkey participants or adults and seniors in need of
residential care?
x Will acquisitions be targeted in particular counties or regions?
x Who would own and operate new facilities?
x What level of accountability would be placed on facilities that receive funding?
Behavioral Health:The governor is proposing $750 million General Fund to provide grants to counties for the
acquisition and rehabilitation of properties to expand behavioral health treatment resources. The administration
estimates that the proposal will produce 5,000 beds to treat persons with behavioral health disorders. The LAO
Attachment B - 6
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finds that the expansion of county behavioral health capacity is likely warranted, however asks some questions
regarding details of the proposal:
x How would resources be targeted to address homelessness?
x How would local governments fund ongoing costs not included in the proposal?
x How would the local match requirement impact county participation?
Housing
In concept, the LAO finds that the governor’s housing proposals have the potential to help the State meet
housing production goals. The administration’s housing investments are primarily one-time solutions, focused
on expanding resources for existing housing programs. Also included in the governor’s budget are resources to
boost local compliance with housing production goals.
Infill Infrastructure Grant (IIG) Program:Governor Newsom is proposing $500 million one-time General
Fund ($250 million for early action), for housing-related infrastructure focused on projects with a high
percentage of environmental remediation costs. Additionally, the administration proposes to make it easier for
smaller jurisdictions to qualify for funding and to extend the liquidation date for IIG funding provided in 2019
on a case-by-case basis, from June 30, 2023 to June 30, 2025. The LAO provided the following questions to the
Legislature:
x Does the administration have a list of local entities ready to participate?
x Would early action allow housing development projects to move forward that otherwise would not?
x Does the need to extend the liquidation period indicate locals do not currently have capacity for additional
projects?
x Would additional resources spur housing development in communities most in need of additional housing?
x The governor has also proposed $300 million in one-time General Fund to investigate and remediate
brownfields for the Department of Toxic Substances Control. How would environmental remediation efforts
be coordinated with state entities responsible for oversight of toxic substances?
Tax Credits:In addition to the $100 million annually that the State makes available for housing tax credits, the
governor’s budget proposes $500 million for tax credits to builders of rental housing affordable to low-income
households. Up to $200 million would be available for the development of mixed-income housing projects.
As the State has authorized $1 billion in low-income housing tax credits over the last two fiscal years, the LAO
suggests the Legislature direct the administration to provide an update on the status of the awarded tax credits,
the number of units produced, and information on the statewide distribution of housing anticipated due to the
tax credits.
Housing Law Assistance & Enforcement:The governor’s proposal provides $4.3 million General Fund ($3.8
million ongoing) to expand HCD’s enforcement of state housing laws by assisting local jurisdictions with
housing element compliance. The intent of the proposal is to facilitate affordable housing production through
monitoring, technical assistance, and enforcement of current laws. In addition, the governor proposes $2.2
million General Fund ($1.7 million ongoing) and eight positions for the Department of Fair Employment and
Housing to support compliance with fair housing laws. The LAO recommends the Legislature ask the
administration the following questions regarding this proposal:
x What are HCD’s current practices related to oversight and enforcement of state housing law?
x How would resources supplement current efforts?
x How would HCD prioritize assistance and enforcement resources?
x How would HCD determine when to elevate enforcement action to the State Attorney General’s Office?
x How would HCD keep the Legislature informed of tracking and monitoring compliance?
Attachment B - 7
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City of Palo Alto (ID # 13410)
City Council Staff Report
Report Type: Informational Report Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: ADU Quarterly Report (Quarter 3 and Quarter 4 2020)
Title: Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 3 and
Quarter 4, Calendar Year 2020)
From: City Manager
Lead Department: Planning and Development Services
Recommendation
This is an informational report and no action is requested.
Executive Summary
The Accessory Dwelling Unit (ADU) Quarterly Report keeps track of the ADU permit applications
received, approved, and finalized yearly by the City, as well as the details of quarterly applications
received. Since 2015, the City has issued a total of 135 permits; 45% of these permits were issued
during 2019. During 2020, Palo Alto received a total of 78 ADU building permit applications, or an
average of over 19 per each quarter. The details of the applications are provided in Attachment A of
the staff report.
Background
In June 2017, the City of Palo Alto amended the Zoning Code (Title 18) to adopt Accessory
Dwelling Unit (ADU) regulations to comply with State adopted requirements. At adoption, the
City Council directed staff to provide quarterly reports on the number of permits filed for the
construction of ADUs. The City Council received the last development report for the first two
quarters of 2020 on August 17, 2020 (Report ID # 11464).
Since June 2017, the City Council has adopted Ordinances 5489 and 5507 to update the City’s
ADU regulations in response to changes in state law and to create additional local policies to
incentivize creation of ADUs.
Discussion
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This report tracks the ADU permit applications filed with the City and their status since 2015.
The following table (Table 1) shows the rise in ADU permit applications with the adoption of
new regulations.
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Table 1: Summary of ADU Permits from 2015-2020
Category 2015 2016 2017 2018 2019 2020
New ADU Applications Filed1 10 9 28 55 75 78
Permits: Ready to Issue (City Approved)2 8 5 12 39 62 46
Permits: Issued (Permit Obtained)3 8 5 12 35 62 43
Permits: Final Inspection Approved4 3 4 9 12 33 46
Permits Expired 1 1
Detached ADUs (Submitted)5 20 35 52 52
Detached ADUs (Issued)5 8 24 41 33
Attached ADUs (Submitted)6 8 20 23 20
Attached ADUs (Issued)6 4 11 21 9
Junior ADUs (Submitted)7 1 1 1
Junior ADUs (Issued)7 1 1 1
Average Application Processing Time (Days
Including Weekends)8 127 214 118 183 135 197
Average Construction Time (Days Including
Weekends)9 578 751 330 287 173 262
City Impact Fees Collected for New ADUs10 $451,514 $402,012 $198,962 $44,057
Source: City of Palo Alto Accela Data January 2015 through December 2020
Notes:
1. Any ADU/JADU Application SUBMITTED for the year
2. Any ADU/JADU application Permit 'READY TO Issue' for the year (regardless of when it was submitted)
3. Any ADU/JADU Permit ISSUED for the year (regardless of when it was submitted)
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4. Any ADU/JADU Permit receiving a Final Inspection (Ready to Occupy) for the year, regardless of when the
application was
submitted. Years 2015-2017 data point not available.
5. Any Detached ADU Permit Application submitted for the year/Any Detached ADU Permit Issued for the year,
regardless of when the application was submitted. Years 2015-2016 data point not available.
6. Any Attached ADU Permit Application submitted for the year/Any Attached ADU Permit Issued for the year,
regardless of when the application was submitted. Years 2015-2016 data point not available.
7. Any JADU Permit Application submitted for the year/Any JADU Permit Issued for the year, regardless of when the
application was submitted. Years 2015-2016 data point not available.
8. Average number of days from permit application submittal to when permit is approved and ready to issue. This
average includes weekends and days application is pending due to applicant preparation of resubmit tal or
additional information from applicant.
9. Average number of days from permit issued to final inspection completed. This average includes weekends and
days staff is waiting for applicant to schedule the next required inspection.
10. Impact Fees collected for new ADU/JADU’s. Years 2015-2016 data point not available.
Data from Table 1 shows that the City received 78 new ADU applications in 2020, which is
remarkable given the pandemic. In 2020 the City issued 43 ADU/JADU permits, less than 2019,
as Planning and Development Services transitioned to the Online Permitting Services system
affecting permit processing times. Of the 43 ADU and JADU permits issued in 2020, the average
processing time was 197 days or a little over 6 months, which is over 2 months longer than the
2019 average processing time. Impact Fees collected for ADU permits also decreased mainly
due to the 31% decrease of ADU permits issued from 2019 to 2020 and implementation of
legislation exempting impact fees for ADU’s less than 750 square feet or ADU’s resulting from
garage or carport conversions.
Of the 43 ADU and JADU permits issued in 2020 - the average construction time is 262 days or
almost 9 months. This can partly be attributed to the temporary suspension of construction
activity and subsequent protocols due to the COVID-19 pandemic.
The majority of the ADU applications filed are for one-bedroom units. The unit sizes ranged from
208 to 1000 square feet, with an average unit size of 518 square feet.
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Resource Impact
The ADU/JADU process does not have any unancitipated resource impacts on the Department.
ADU permit fees cover the cost of processing the applications.
Timeline/Stakeholder Engagement
This is a quarterly report published by the Planning and Development Service s Department.
Environmental Review
There is no action in this report and is not subject to the California Environmental Quality Act.
Attachments:
Attachment10.a: Attachment A: ADU Quarterly Report, Q3 and Q4 Calendar Year 2020
(PDF)
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Building Permits Applied for in Q3 of 2020
Q3: New Construction Conversion Type of Conversion
Number of
Applications
Dwelling
Type
Project
Location Zoning Date Filed Application Status
Building
Permit
Issued
Attached Detached Attached2 Detached2 Garage Other Accessory
Structure/Space
# of
Bedrooms ADU Size (SF)
1 ADU SOUTH R-1 07/21/2020 In Plan Check No X X 1 392
2 ADU SOUTH R-1 07/21/2020 Permit Issued Yes X 0 252
3 ADU NORTH R-1 07/17/2020 Permit Issued Yes X X 0 380
4 ADU SOUTH R-1 07/16/2020 Permit Issued Yes X X 1 405
5 ADU NORTH R-1 07/16/2020 In Plan Check No X X 1 347
6 ADU SOUTH R-1 07/15/2020 Permit Issued Yes X 1 504
7 ADU SOUTH R-1 09/25/2020 Permit Issued Yes X 1 745
8 ADU NORTH R-1 08/12/2020 In Plan Check No X X 1 375
9 ADU SOUTH R-1 07/31/2020 Permit Issued Yes X 1 847
10 ADU NORTH R-1 07/31/2020 Permit Issued Yes X 2 994
11 ADU NORTH R-1 07/09/2020 In Plan Check No X 1 597
12 ADU NORTH R-1 07/10/2020 In Plan Check No X X 1 895
13 ADU NORTH R-1
(10000) 07/29/2020 In Plan Check No X X 0 488
14 ADU NORTH R-1 08/26/2020 In Plan Check No X X 1 219
15 ADU NORTH R-1 08/27/2020 Permit Issued Yes X 1 892
16 ADU NORTH R-1 09/07/2020 Permit Issued Yes X X 1 471
17 ADU NORTH R-1 09/22/2020 In Plan Check No X X 1 352
18 ADU SOUTH R-1 (7000) 09/24/2020 Permit Issued Yes X X 1 343
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Building Permits Applied for in Q4 of 2020
Q4: New Construction Conversion Type of Conversion
Number of
Application
Dwelling
Type
Project
Location Zoning Date Filed Application Status
Building
Permit
Issued
Attached Detached Attached2 Detached2 Garage Other Accessory
Structure/Space
# of
Bedrooms ADU Size (SF)
1 ADU SOUTH R-1 12/01/2020 In Plan Check No X 2 1,000
2 ADU NORTH R-1 11/25/2020 Permit Issued Yes X 1 238
3 ADU SOUTH R-1 10/09/2020 In Plan Check No X 1 679
4 ADU NORTH R-1 10/07/2020 In Plan Check No X 1 448
5 ADU NORTH R-1 10/06/2020 In Plan Check No X 2 800
6 ADU NORTH R-1 12/16/2020 In Plan Check No X X 1 315
7 ADU NORTH R-1 12/03/2020 Incomplete No X 1 601
8 ADU NORTH R-1
(10000) 12/03/2020 In Plan Check No X 1 900
9 ADU SOUTH R-1 12/02/2020 Incomplete No X 2 738
10 ADU SOUTH RE 11/18/2020 In Plan Check No X X 1 650
11 ADU SOUTH R-1 10/01/2020 In Plan Check No X X 1 534
12 ADU SOUTH R-1 10/28/2020 Permit Issued Yes X 2 510
13 ADU SOUTH R-1 11/04/2020 In Plan Check No X 2 800
14 ADU NORTH R-1 11/12/2020 Permit Issued Yes X 1 609
15 ADU NORTH R-1 11/20/2020 In Plan Check No X 2 781
16 ADU NORTH R-1 11/23/2020 In Plan Check No X X 2 673
17 ADU SOUTH R-1 12/16/2020 In Plan Check No X X 1 440
18 ADU SOUTH R-1 (8000) 12/17/2020 In Plan Check No X X 1 474
10.a
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Schedule of Meetings
Published August 19, 2021
This is a courtesy notice only. Meeting dates, times, and locations are subject to change. Almost all Palo Alto
Council and some Standing Committee meetings are cablecast live on Channel 26. If there happens to be
concurrent meetings, one meeting will be broadcast on Channel 29.
Until further notice, all meetings will be held by virtual teleconference
via Zoom and streamed on YouTube.
Persons with disabilities who require auxiliary aids or services in using City facilities or programs, or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may
contact: ADA Coordinator, City of Palo Alto, 650-329-2550 (voice) or 329-1199 (TDD), ada@cityofpaloalto.org. Listening assistive devices are available in the Council Chambers. Sign language interpreters will be
provided upon request with 72 hours advance notice. Please advise the City Clerk's Office (650-329-2571) of meetings or changes by 3:00 p.m. on Wednesdays for inclusion in the following week’s schedule.
08/19/2021
THURSDAY, AUGUST 19
Public Art Commission Meeting, 7 p.m.
MONDAY, AUGUST 23
Sp. City Council Meeting, 5 p.m.
TUESDAY, AUGUST 24
Parks & Recreation Commission Meeting, 7 p.m.
WEDNESDAY, AUGUST 25 (CANCELLED)
Planning & Transportation Commission Meeting, 6 p.m.
TUESDAY, AUGUST 26 (CANCELLED)
Historic Resources Board 8:30 a.m.
MONDAY, AUGUST 30
Sp. City Council Meeting, 5 p.m.
WEDNESDAY, SEPTEMBER 1
Sp. Utilities Advisory Commission, 5 p.m.
THURSDAY, SEPTEMBER 2
Architectural Review Board Meeting, 8:30 a.m.
TUESDAY, SEPTEMBER 6 (CANCELLED DUE TO HOLIDAY)
Sp. City Council Meeting, 5 p.m.
TUESDAY, SEPTEMBER 7
Sp. Finance Committee Meeting, 6 p.m.
WEDNESDAY, SEPTEMBER 8
Planning & Transportation Commission Meeting, 6 p.m.
THURSDAY, SEPTEMBER 9
Historic Resources Board Meeting, 8:30 a.m. (CANCELLED)
Human Relations Commission Meeting, 6 p.m.
MONDAY, SEPTEMBER 13
Sp. City Council Meeting, 5 p.m.
TUESDAY, SEPTEMBER 14
Policy & Services Committee Meeting, 7 p.m.
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City of Palo Alto (ID # 13531)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Enovity, Inc. for C&I Energy Efficiency Program Services
Contract
Title: Approval of a Professional Services Agreement With Enovity, Inc. for
Energy Efficiency Program Services in an Amount of $661,667 per Year for a
Total Not-to-Exceed Amou nt $1,985,000 for a Three -year Term Through
August 15, 2024
From: City Manager
Lead Department: City Clerk
Recommendation
Staff recommends the City Council approve and authorize the City Manager or their designee to
execute a professional services contract (C21177024) with Enovity, Inc. (Linked Document) for
the administration of the Commercial & Industrial Energy Efficiency Program to deliver energy
efficiency services to commercial and industrial customers. The total not -to-exceed amount for
the contract is $1,985,000 over a three-year term through August 15, 2024.
Background
Council has adopted several policies which support funding programs that maximize the
deployment of cost-effective, reliable and feasible EE within the City. Council adopted the City’s
first 10-year electric and gas EE goals in 2007, with a cumulative reduction t arget of 3.5%
electric and gas EE savings (35,000 MWh and 1,200,000 therms) between 2008 and 2017. Since
then, Council has adopted updates to the EE goals in 2010, 2013, 2017, and most recently, in
May 2021 (Staff Report ID # 12068) for the 10-year period between 2022 and 2031. The
cumulative electric savings target in the latest EE goals is 4.4% (or 37,940 MWh) of the City’s
projected electric usage in 2031. In order to achieve the aggressive EE goals, the City has
contracted with third-party EE service providers since 2006 to expand the reach of EE program
services for its customers. Specifically, EE savings from third-party administered EE programs
for large C&I customers on average account for about half of total electric and gas savings
between FY 2018 and FY 2020; the remaining savings come from the residential sector and
small to medium businesses. Historically, large C&I programs deliver the most cost -effective EE
savings in CPAU’s portfolio of EE programs.
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In April 2016, Council adopted the ambitious goal of reducing the community’s GHG emissions
by 80% below the 1990 levels by 2030 (“80x30”) for the city’s Sustainability and Climate Action
Plan (S/CAP). As of 2018, the community’s GHG emissions are 36% below 1990 levels. Emissions
from the use of natural gas have however remained largely unchanged over the years,
representing 31% of the community’s emissions in 2018. In order to meet the 80x30 goal, the
City must reduce natural gas use through efficiency and building electrification. There are
significant barriers to building electrification, especially in existing buildings. From the building
owner perspective, low awareness of efficient electric alternatives to gas appliances and the
associated health and environmental benefits has been a key barrier. Also, retrofitting gas
appliances in existing buildings can be significantly more expensive than a like -for-like gas
appliance replacement, especially in cases where electrical infrastructure upgrade is necessary.
To overcome the cost barrier and potential technical challenges for building electrification
projects, City of Palo Alto Utilities (CPAU) plans to engage a vendor to deliver a commercial
electrification program that covers marketing & outreach, technical assistance, and/or financing
services for commercial customers. In parallel, staff is planning to expand CPAU’s incentive
offerings to commercial customers to include electrification projects.
Discussion
In order to achieve its aggressive EE and emissions reduction goals, CPAU has contracted w ith
third-party service providers since 2006 to provide a full suite of EE programs to both
residential and nonresidential customers. Since 2015, CPAU currently has contracted with three
third-party service providers to provide energy efficiency program se rvices to large Commercial
& Industrial (C&I) customers1. Two of these contracts expired on June 30, 2021, and one has
been extended through on December 31, 2021. The C&I customer segment is a strategic
customer segment, as the annual EE savings from these customers on average account for
about half of the total electric and gas EE savings between FY 2018 and FY 2020. It is important
to ensure continuity of EE program services to these key customers and to also support building
electrification among nonresidential customers in order to meet the S/CAP goals. Staff scoped
out the following three program categories for a competitive solicitation process:
Category 1: Develop and administer performance-based energy efficiency, electrification, and/or
water efficiency programs for C&I customers
Category 1 targets the nonresidential segment, with a focus on large C&I customers, to provide
energy efficiency, electrification, and/or water efficiency program services to the customers.
Historically, EE savings from large C&I customers represent the largest portion of EE savings
compared to other customers and are also more cost effective than the savings from residential
customers and hard-to-reach customers including small to medium businesses. Since this is a
performance-based program, the 3rd party program administrator will be compensated solely
1 City Council approved the three contracts to provide energy efficiency services to large C&I customers on May 18,
2015 (Staff Report #5707). Between FY 2016 and FY 2020, these programs delivered total lifetime energy savings of
108,426 MWh and 3,649,000 therms; the contract payment to the three vendors during this period totaled
$2,307,180.
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based on achieved efficiency savings and/or electrification. Both equipment retrofit and new
construction projects are eligible efficiency projects under this program category.
Category 2: Develop and administer a beneficial electrification technical assistance program for
small and medium commercial customers
Category 2 is an optional scope in the RFP, and is intended to provide technical assistance to
small and medium commercial customers to pursue electrification projects to reduce natural
gas consumption in their buildings. This is in line with the City’s 80x30 goal. Components of a
technical assistance program may include but are not limited to: site visits and electr ic load
studies at the customer site, technical advice regarding equipment selection and sizing, support
for permit application, support for bid selection from contractors, educational webinars and
focus groups. Category 2 covers both retrofit and new construction projects.
Category 3: Conduct Energy Studies for C&I customers
Category 3 is a solicitation for consultants who can provide engineering studies at large C&I
customer facilities. The consultant will work directly with the customer to determine th e study
scope and compensation; CPAU will provide the names of prequalified consultants to
customers interested in undertaking energy studies. Examples of such studies may include
whole or partial building electrification feasibility and cost assessment, p ower factor correction
to the City’s 95% standard, energy storage assessment.
Bid Process
On November 25, 2020, staff issued a Request for Proposal (RFP) for third-party EE program
through PlanetBids. Proposers could respond to one or more program catego ries.
Table 1: Summary of Solicitation Process
PROPOSAL DESCRIPTION/ NUMBER
IMPLEMENTATION OF 3RD PARTY
ENERGY AND WATER EFFICIENCY AND
ELECTRIFICATION PROGRAMS FOR
COMMERCIAL CUSTOMERS
RFP #177024
PROPOSED PROGRAM LENGTH 36 months, with two possible 12-month
extensions
NUMBER OF NOTICES SENT TO VENDORS VIA
CITY’S EPROCUREMENT SYSTEM (PLANETBIDS) 1,657
NUMBER OF PACKAGES DOWNLOADED BY
VENDORS 46
TOTAL DAYS TO RESPOND TO RFP 55
NUMBER OF PROPOSALS RECEIVED FOR
CATEGORY 1 4
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NUMBER OF PROPOSALS RECEIVED FOR
CATEGORY 2 5
NUMBER OF PROPOSALS RECEIVED FOR
CATEGORY 3 5
For Category 1, staff received four proposals and selected Enovity as the finalist based on its
competitive pricing and track record with delivering EE programs targeting C&I customers as
well as K-12 schools and municipal buildings in utility service territories in the Bay Area. The
Commercial and Industrial Energy Efficiency Program (CIEEP), proposed by Enovity, is designed
to assist large C&I customers with building energy optimization through implementation of
building infrastructure improvements, energy equipment upgrades, and behavioral, retro -
commissioning, and operational (BRO) modifications of building energy systems. Enovity will
also assess building electrification opportunities at customer sites and support customers with
implementing building electrification measures that are pre-approved by CPAU. Building
electrification in large commercial facilities can be costly; the pre -approval process is put in
place to ensure that the program budget is available to support multiple customer projects
each year rather than being consumed by a single project at one customer site. The water
efficiency projects proposed by Enovity do not meet the criteria for water efficiency
performance payment as specified in the RFP. However, C&I water efficiency programs will still
be available through the City’s partnership with Valley Water.
The contract has a 3-year term through August 15, 2024, with the possibility to extend for two
additional years. If fully implemented, the Enovity contract will cost up to $1,985,000 between
FY 2022 and FY 2024, of which $1,713,000 is budgeted for the achievement of 49,660 MWh in
lifetime electric savings and 416,000 therms in lifetime gas savings. These EE savings represent
a savings of $5,220,000 based on the avoided energy supply cost. The Enovity contract has also
budgeted $272,000 for electrification projects, with expected annual gas savings of 36,000
therms.
Staff is currently in negotiation with another proposer to deliver a performance-based
electrification and/or energy efficiency program targeting small to medium commercial
customers; staff expects to bring a contract to Council for approval later this year.
For Category 2, staff has not yet decided on awarding on a contract for this category.
For Category 3, all five proposers are qualified to conduct energy studies to large C&I customers
and will be provided to customers on an as-requested basis.
Resource Impact
Funding for the first year of the Enovity contract is available in the FY 2022 adopted budget.
Funding comes from two sources: Electric Public Benefit reserves and Gas Operation reserves.
Electric Public Benefit reserves are collected via a state-mandated public benefit surcharge of
2.85% of the electric utility revenue to fund any of these four program areas: (i) cost effective
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energy efficiency and energy conservation programs, (ii) renewable energy resources and
technologies, (iii) electricity-related research, development, and demonstration projects (iv)
low-income customer assistance2. While CPAU is exempted from collecting a gas public benefit
surcharge as it has a published low-income rate assistance tariff3; it has spent an average of 1%
of the natural gas utility’s revenues to fund gas public benefit programs.
Funding for contract years two and three are contingent upon Council’s approval of
department’s budget for each subsequent year.
Policy Implications
The proposed contracts support the Council-approved Sustainability Plan, the Council-approved
Ten-year Energy Efficiency Targets, Comprehensive Plan Goal N7.4.2 (implement cost effective
energy efficiency programs for all customers) and N7.7.2 (explore the transition of existing
buildings from gas to electric or solar water and space heating). The contracts also further the
Utilities Strategic Plan Collaboration priority (Strategy 1, increasing communication and
engagement with the community).
Stakeholder Engagement
The City issued the Request for Proposal (RFP) on November 24, 2020 fo r third-party energy
and water efficiency and electrification program services for commercial and industrial
customers. Proposal submission deadline was on January 18, 2021.
Environmental Review
Approval of the third-party agreement proposed in this staff report does not meet the
definition of a project under the California Environmental Quality Act (CEQA), pursuant to the
California Public Resources Code Section 21065, because it is not an activity that will cause a
direct physical change in the environment.
Attachments:
•AttachmentA: Attachment A: Enovity, Inc. Contract (C21177024)
2 California Public Utilities Code Section 385
3 AB 1002 (2000) established a surcharge on all natural gas consumption t o fund public purpose programs;
however, this legislation exempts municipal gas utilities that offers in published tariffs home weatherization
services, rate assistance for low-income customers or other public purpose programs from collecting a public
benefit surcharge on gas consumption. This is codified in Section 898 of the Public Utilities Code.
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CITY OF PALO ALTO CONTRACT NO. C21177024
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND ENOVITY, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 16th day of
August, 2021 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and ENOVITY, INC., a California corporation, located
at 100 Montgomery Street, Suite 600, San Francisco, CA 94104 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A.CITY intends to encourage and assist the CITY’s non-residential customers to improve the
energy performance and reduce greenhouse gas emissions related to fossil fuel consumption (the
“Project”) and desires to engage a consultant to develop and implement a Commercial and
Industrial Energy Efficiency Program in connection with the Project (the “Services”, as detailed
more fully in Exhibit A).
B.CONSULTANT represents that it, its employees and subconsultants, if any, possess the
necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through August 15, 2024,
unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term of
this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE
OF PERFORMANCE”. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
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Notwithstanding the above, the Parties acknowledge that this Agreement is being entered into in
the context of a pandemic (known as the COVID-19 pandemic), which has the potential to cause
disruptions and delays to the work beyond the Parties’ reasonable control. The Parties agree that
an actual delay directly caused by compliance with COVID-19 governmental orders or regulations,
and not due to fault or negligence of the CONSULTANT, may be considered an excusable delay
in accordance with this section. CONSULTANT may be entitled to an equitable adjustment in
schedule in the event such COVID-19-related delays occur, but only to the extent reasonably
required based upon the circumstances, as agreed in writing by the CITY’s Project Manager.
A COVID-19-related excusable delay will not be a default or a ground for termination for cause
of the Agreement, provided that the CONSULTANT provides the CITY with prompt and detailed
notice of the COVID-19-related delay as soon as is reasonably feasible under the circumstances
and uses reasonable efforts to overcome the effects of such delay as promptly as reasonably
feasible under the circumstances. Notwithstanding the above provisions of this Section, in the
event of a period of nonperformance by CONSULTANT lasting more than thirty (30) days due to
a COVID-19-related delay, CITY may elect to terminate this Agreement pursuant to Section
19 (Termination) herein.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed One Million Nine
Hundred Eighty Five Thousand Dollars ($1,985,000.00). The hourly schedule of rates, if
applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum
compensation set forth in this Section 4 shall be at no cost to the CITY.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT’s invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess the professional and technical personnel
necessary to perform the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required to perform the Services. All Services to be furnished by CONSULTANT
under this Agreement shall meet the professional standard and quality that prevail among
professionals in the same discipline and of similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
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SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in
the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the Project design with the budget, incorporate CITY
approved recommendations, and revise the design to meet the Project budget, at no additional cost
to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers’ compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT’s
provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
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SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 (Assignment) above, CITY
agrees that subcontractors may be used to complete the Services. Prior to utilizing any
subcontractor to perform work associated with the Project, CONSULTANT shall provide the name
of the subcontractor/s to CITY’s Project Manager for preapproval. CITY shall hold final approval
authority over subcontractors. CITY reserves the right to (i) request CONSULTANT conduct
criminal background checks to CITY’s satisfaction on all CONSULTANT’s staff, subcontractors,
or agents that may enter customer property, and (ii) require that any staff, subcontractor, or agent
of CONSULTANT that fails the background check shall not be permitted to enter any customer
premises.
CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with
the prior written approval of the City Project Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Xiang Huang as the
CONSULTANT’s Project Manager to have supervisory responsibility for the performance,
progress, and execution of the Services and represent CONSULTANT during the day-to-day
performance of the Services. If circumstances cause the substitution of the CONSULTANT’s
Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment
of a substitute Project Manager and the assignment of any key new or replacement personnel will
be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at
CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not
perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate
or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Christine Tam, City of Palo Alto Utilities Department, Resource
Planning Division, 250 Hamilton Avenue, Palo Alto, CA, 94301, Telephone: (650) 329-2289.
CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance,
progress and execution of the Services. CITY may designate an alternate Project Manager from
time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, shall be and remain the exclusive property
of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights
which arise from creation of the work product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product available to any individual or organization without the prior written
approval of the City Manager or designee. CONSULTANT makes no representation of the
suitability of the work product for use in or application to circumstances not contemplated by the
Scope of Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
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years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify,
defend and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all demands, claims, or liability of any nature,
including death or injury to any person, property damage or any other loss, including all costs and
expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements
(“Claims”) resulting from, arising out of or in any manner related to negligent performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall
obtain a policy endorsement naming CITY as an additional insured under any general liability or
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
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as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the approval
of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the
City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed,
prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to the effective date in the notice of suspension or termination; provided, however, if this
Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be
obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services
provided in material conformity with this Agreement as such determination is made by the City
Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
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19.4. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made
in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of
CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT 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 the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic
information or condition, housing status, marital status, familial status, weight or height of such
person. CONSULTANT acknowledges that it has read and understands the provisions of Section
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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.
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby
incorporated by reference and as amended from time to time. CONSULTANT 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, CONSULTANT shall comply with the
following Zero Waste requirements:
(a)All printed materials provided by CONSULTANT 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.
(b)Goods purchased by CONSULTANT 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 Department’s office.
(c)Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62
(Citywide Minimum Wage), as 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, CONSULTANT 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,
CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. 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, as amended from time to
time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the
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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
Agreement are no longer available. This Section shall take precedence in the event of a conflict
with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS. This Project is not subject to prevailing wages and related
requirements. CONSULTANT is not required to pay prevailing wages and meet related
requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2)is for a public works construction project of $25,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
(3)is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For
purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
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confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
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29.5. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E; CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
EXHIBIT F: INFORMATION PRIVACY POLICY
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE ATTACHED.
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CONTRACT No. C21177024 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
ENOVITY, INC.
____________________________
Tim Chin
Vice President, Enovity
__________________________
Keith Oldewurtel
Chief Operating Officer Muncipal and
Commercial, Veolia
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”.
A. OVERVIEW
CONSULTANT agrees to provide the City of Palo Alto (“CITY” or “CPAU”) with the
Commercial and Industrial Energy Efficiency Program (“Program”), designed to assist non-
residential customers with improving the energy performance and reducing greenhouse gas
emissions related to fossil fuel consumption at their facilities. The Programs will target gas and
electric energy efficiency (“EE”) and beneficial electrification (“BE”) of existing energy-
consuming systems at non-residential customer facilities.
The Program will encourage the CITY’s non-residential customers to optimize building energy
performance through implementation of building infrastructure improvements and energy
equipment upgrades (“Improvement Measures”), and/or retro-commissioning existing building
energy systems, including behavioral and operational modifications (collectively referred to herein
as “RCx Measures”).
CPAU will provide customer data to CONSULTANT to analyze energy use and pre-screen eligible
customers to receive services. Through direct outreach or facilitated engagement through CPAU
staff, the CONSULTANT will enroll customers to perform an Initial Site Assessment to identify
potential EE and BE measures (Measures), estimated energy savings, project cost, and payback.
Upon an enrolled customer’s approval, CONSULTANT will perform a detailed evaluation of the
selected Measures and develop a Detailed Evaluation report. Based on the Detailed Evaluation
report, the customer will decide which Measures to implement and incorporate into a Customer-
signed Project Installation Agreement. The Project Installation Agreement provides details and
requirements of the customer to qualify for and receive direct-install measures and self-install
incentives through the CPAU Commercial Advantage Program (“CAP”). CPAU will pay out CAP
incentives to the customer (or their designated payee) for self-installed projects and to the
CONSULTANT for direct-install projects. For direct-install projects, CONSULTANT will
provide turnkey management of installation subcontractors, customer technical assistance, and
overall project quality assurance. For self-installed projects, CONSULTANT will provide
technical assistance regarding equipment specifications and installation criteria to the contractor
selected by the customer. CONSULTANT may separately contract with the customer to implement
self-install measures.
Upon completing projects, the CONSULTANT will ensure that the customer’s project meets the
Project Installation Agreement specifications and prepare a Final Measurement and Verification
Report to document claimable savings and facilitate the disbursement of CPAU incentives.
Target Markets
The Program targets all non-residential customers in the commercial, industrial, and public
administration segments within the City of Palo Alto Utilities service territory. Buildings will
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include Federal, State, local government, colleges and schools, private office buildings, high tech
facilities, manufacturing facilities, lab buildings, retail buildings, hospitality buildings (hotels and
resorts), and healthcare facilities such as hospitals and medical offices/clinics. CPAU categorizes
nonresidential customers into Key Account and non-Key Account customers, with large
commercial and industrial customers as well as strategic customers that make up the Key Account
list. The Program will focus on providing EE services to Key Account customers. Upon execution
of this contract, CPAU staff will provide the list of Key Account customers to CONSULTANT;
this is a confidential list and shall not be shared with organizations outside of CONSULTANT.
Although the Program is focused on Key Account customers, CONSULTANT may consider
providing services to non-Key Account customers. In such event, any proposed EE measures for
non-Key Account customers will need to be approved by CPAU on a case-by-case basis prior to
program enrollment. Proposed BE measures for all customers will also need to be approved by
CPAU on a case-by-case basis prior to inclusion in the Detailed Evaluation report.
Energy Savings Targets
Table 1 provides the Program’s energy targets for the term of the Agreement.
Table 1. Program Gross Energy Targets*
Resource Total Units Annual Units
Electric Efficiency 8,553,542 kWh 2,851,181 kWh
Gas Efficiency 55,275 therms 18,426 therms
Beneficial Electrification No Target No Target
* Inclusive of soft targets delineated in Exhibit C
Program Staffing
CONSULTANT agrees to staff the Program per the staffing outlined in Table 2 and shall notify
the CITY concerning proposed changes to the staffing plan. All such changes require the prior
written consent of the CITY.
CONSULTANT, as it relates to direct implementation (“DI”) projects, intends to utilize a number
of subcontractors and vendors over the course of the Agreement. CONSULTANT will screen
subcontractors and vendors prior to subcontracting, and will supply the list of intended
subcontractors to CITY prior to commencing any DI implementation work with individual
customers. CPAU Program Manager will review and approve the list, as appropriate. CITY shall
hold final approval authority over subcontractors and the internal staffing plan for field personnel,
which shall be granted prior to any work being done. CONSULTANT and CPAU Program
Manager may authorize changes to the list of pre-approved subcontractors by mutual agreement.
CONSULTANT understands and agrees, consistent with Section 12 of the Agreement, that it is
responsible for all costs and damages associated with any theft, vandalism, damage or criminal
acts involving or committed by CONSULTANT staff, Contractors or agents involving a customer
or customer premises.
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Table 2. CONSULTANT’s Staff Contacts
Name Title Phone Email
Jeff Guild Program Director (408) 454-8453 JGuild@enovity.com
Tim Huang Program Manager (415) 983-3615 xhuang@enovity.com
B. C&I PROGRAM WORK PLAN
Task 1 – Project Initiation Meeting
CONSULTANT shall organize with the CPAU Program Manager a Program Kick-Off Meeting.
The meeting shall include CPAU staff to establish roles, timelines, and priorities in the Program’s
delivery. The session will also cover Program logistics, marketing, coordination, evaluation,
monitoring and verification activities, invoicing requirements, reports, and any remaining
contractual issues.
●Task 1.1 Deliverable: Meeting agenda and meeting minutes.
Task 2 – Develop Program Plan
In coordination with CPAU staff, CONSULTANT shall develop the following documents:
(a)Policies and Procedures Manual
CONSULTANT shall develop, adhere to, and document its compliance with the Policies and
Procedures Manual in the Program’s implementation, including the terms and conditions for
customers participating in the Program, the process for customers participating in the program and
receiving incentive funds, customer complaint and resolution plan, and the process for identifying,
evaluating, implementing, and verifying Measures. The Policies and Procedures Manual shall also
include a Quality Assurance and Quality Control Plan, a Program Plan, and an Implementation
Timeline. CPAU shall develop and maintain the Program website, with input from the
CONSULTANT.
●Task 2.a.1 Deliverable: Draft Policies and Procedures Manual
●Task 2.a.2 Deliverable: Final Policies and Procedures Manual
(b)Marketing Plan
CONSULTANT shall develop a Marketing Plan that outlines pre-planned marketing activities,
including a description, date, and location of such activities. The description will include the target
audience, estimated reach, and materials for distribution. The Marketing Plan will also address the
proposed brand-identity for the Program. It shall also address how the CONSULTANT will market
the Program to reach its target customers, promote the Program, and provide technical training to
building owners and operators, equipment suppliers/vendors, mechanical and maintenance
contractors, and mechanical engineers. CONSULTANT shall develop marketing material in
conjunction with CPAU. CONSULTANT will enlist the assistance of local affinity groups,
including the Palo Alto Chamber of Commerce, the Palo Alto Merchant Association and various
property management companies to better enable CONSULTANT to serve CPAU customers.
CONSULTANT shall track and capture data on how customers are finding out about the
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PROGRAM.
●Task 2.b.1 Deliverable: Draft Marketing Plan
●Task 2.b.2 Deliverable: Final Marketing Plan
(c)Coordination Plan
CONSULTANT shall develop a Coordination Plan providing details on how the Program will
coordinate its efforts and actions with other existing internal CPAU or third-party energy
efficiency, water conservation, and renewable energy programs.
●Task 2.c.1 Deliverable: Draft Coordination Plan
●Task 2.c.2 Deliverable: Final Coordination Plan
Task 3 – Develop Program Documents
CONSULTANT shall develop documents necessary for Program implementation and submit such
to CPAU for approval before any distribution, circulation, or publication. CONSULTANT shall
revise and produce new documents as needed to implement and promote the Program effectively.
(a)Program Participation Agreement
CONSULTANT shall create a Program Participation Agreement that shall collect basic
information from the customer, including facility contact information and financial requirements.
The Program Participation Agreement will also act as a Site Access Agreement for the Program.
●Task 3.a.1 Deliverable: Draft Program Participation Agreement
●Task 3.a.2 Deliverable: Final Program Participation Agreement
(b)Project Installation Agreement
CONSULTANT shall develop a template Program Installation Agreement for committing owners
to install the identified Measures. The Program Installation Agreement shall detail the Measure
installation and eligibility requirements needed to receive an incentive from CPAU. The Project
Installation Agreement, once fully executed, shall reserve the specified incentive funds for the
customer.
●Task 3.b.1 Deliverable: Draft Project Installation Agreement
●Task 3.b.2 Deliverable: Final Project Installation Agreement
(c) Incentive Release and Customer Feedback
CONSULTANT shall develop a template Incentive Release to facilitate the disbursement of the
incentive by CPAU, acknowledge receipt of the project, and obtain customer feedback.
CONSULTANT shall prepare and submit a draft version of the Incentive Release for CPAU to
approve.
●Task 3.c.1 Deliverable: Draft Incentive Release Template
●Task 3.c.2 Deliverable: Final Incentive Release Template
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(d)Reporting Template
CONSULTANT shall create a standard reporting template including templates for the Initial Site
Assessment Report, Detailed Evaluation Report, and the Final Measurement and Verification
Report. These templates shall be sent to CPAU for review and approval before use.
●Task 3.d.1 Deliverable: Draft Report Templates
●Task 3.d.2 Deliverable: Final Report Templates
(e)Energy Analysis Tools
CONSULTANT shall develop energy analysis tools to quantify energy savings for Measures
covered under the Program. The Program will only count energy savings incremental to the
prevailing building and appliance efficiency standards (Title 20 and Title 24). To that end, the
Program will reference the California electronic Technical Reference Manual (eTRM) as a source
for determining annual energy savings.
The CONSULTANT shall develop or propose alternative analysis tools and methods for review
and approval by CPAU as needed during the Program cycle.
●Task 3.e.1 Deliverable: Draft Energy Analysis Tools
●Task 3.e.2 Deliverable: Final Energy Analysis Tools
Task 4 - Develop Invoicing and Program Reporting Tools
CONSULTANT will submit to CPAU a sample of all the reporting tools used to meet CPAU
reporting requirements for CPAU’s review and approval for use under the Agreement, including
but not limited to:
i.Monthly Narrative
ii.Monthly Invoice
iii.Yearly Report
iv.Customer Data Export File
v.Customer Summary Report
vi. Program Savings Report
●Task 4.1 Deliverable: Draft Invoicing and Reporting Tools
●Task 4.2 Deliverable: Final Invoice and Reporting Tools
●Task 4.3 Deliverable: Customer Survey results
●Task 4.4 Deliverable: Inputting of project data into CPAU’s EECP database, as well as
Net Promoter Score values and other results from Customer Survey
Task 5 – Launch Program
(a)Program Information
CONSULTANT shall provide CPAU with a Program Presentation, Technical Presentation, and a
Frequently Asked Questions document on the Program.
●Task 5.a.1 Deliverable: Program Presentation, Technical Presentation, and Frequently
Asked Questions Document
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(b)Training
CONSULTANT shall provide in-person training on the Program process, eligibility requirements,
incentives, and a high-level overview of typical Measures and their applications to requested
CPAU staff. A Program representative shall be available to assist all CPAU representatives on an
on-going basis to answer any questions related to the Program and determine if specific customers
are eligible for the Program participation.
●Task 5.b.1 Deliverable: In-person Training on Program to CPAU Staff
●Task 5.b.2 Deliverable: Ongoing training and assistance for CPAU Staff
(c)Implement Marketing Campaign
CONSULTANT shall execute the planned marketing campaign based on the approved detailed
Marketing Plan and coordinate all such activities with CPAU.
●Task 5.c.1 Deliverable: Draft Program Marketing Materials as shall be outlined in the
Final Marketing Plan
●Task 5.c.2 Deliverable: Final Program Marketing Materials as shall be outlined in the
Final Marketing Plan
●Task 5.c.3 Deliverable: Present at marketing events and perform one-on-one customer
marketing as needed.
Task 6 – Enroll Customer (Pre-Commitment Stage)
(a)Attain Signed Program Participation Agreement
Customer enrollment occurs upon the execution of a signed Program Participation Agreement.
After the Program Participation Agreement’s execution, the enrolled customer (Customer)
becomes eligible to receive an Initial Site Assessment.
Non-Key Account customers will need to be approved by CPAU on a case-by-case basis prior to
program enrollment.
●Task 6.a.1 Deliverable: Signed Program Participation Agreement
(b)Perform Initial Site Assessments
Once CONSULTANT has received a signed Program Participation Agreement, CONSULTANT
shall perform an Initial Site Assessment (ISA). During the ISA, the CONSULTANT will
determine what potential Measures exist at the facility and fall within the Customer’s viability
criteria, including a budget, payback criteria, preferences, and operational needs. The ISA will
include an analysis of 12 months of electricity and gas data and viable Improvement and RCx
Measure descriptions, as appropriate, that include potential energy savings, greenhouse gas
reductions, project cost, incentives, and paybacks using rule-of-thumb estimates and high-level
assumptions. The Program will offer an ISA to any facility that qualifies for Program services.
CONSULTANT will submit the ISA to the Customer and CPAU.
●Task 6.b.1 Deliverable: Initial Site Assessment Report
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(c)Perform Detailed Evaluations
Following the ISA, the Customer may select Measures for consideration in a Detailed Evaluation
(DE). The CONSULTANT shall perform a DE that includes onsite observations of facilities
energy-consuming equipment and provide for each Measure a description, an estimate of potential
energy savings, implementation costs, CPAU incentive, and simple payback. Proposed Beneficial
Energy (BE) Measures for any customer will also need to be approved by CPAU on a case-by-
case basis prior to inclusion in the DE.
●Task 6.c.1 Deliverable: Draft Detailed Evaluation Report
●Task 6.c.2 Deliverable: Final Detailed Evaluation Report
Task 7 – Install and Verify Resource Measures
(a)Project Installation Agreement
Upon completing the Detailed Evaluation Report, CONSULTANT shall provide a Project
Installation Agreement (PIA) for the Customer’s execution that describes the Measures,
delineating the implementation path, i.e., direct or self-install, and estimated CPAU incentives.
For self-install Measures, the PIA shall provide minimum equipment, installation, and
performance requirements to obtain the estimated CPAU incentives. For direct-install Measures,
the PIA shall serve as a contract between the CONSULTANT and the Customer to provide the
installation.
●Task 7.a.1 Deliverable: Signed Project Installation Agreement
(b)Project Installation (self-install)
The Customer shall self-install Measures included in the PIA with a contractor of their choice.
CONSULTANT may offer turnkey installation services to the Customer. If the Customer elects to
use a contractor other than the CONSULTANT, CONSULTANT shall provide technical
assistance regarding equipment specifications and installation criteria to the contractor chosen by
the Customer to implement the work. CONSULTANT shall attend meetings with contractors to
explain project scope and installation requirements as needed.
●Task 7.b.1 Deliverable: Technical assistance and contractor meetings
(c)Project Installation (direct-install)
The CONSULTANT shall provide turnkey installation services to the Customer to implement
direct-install Measures included in the PIA. In such case, CONSULTANT will act as the
contractor, utilizing pre-approved qualified workforce and subcontractors and adhering to all
applicable statutes.
●Task 7.c.1 Deliverable: Implemented direct-install Measures.
(d) Inspections
For both self-installed and direct-installed projects, CONSULTANT shall review 100% of project
purchase orders, final invoices, and technical equipment cut-sheets to verify that the equipment
purchased and installed meets the specifications and performance requirements outlined in the
PIA. CONSULTANT shall perform on-site inspections preceding and following completion of
work by the contractor for all Measures.
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Following the installation, CONSULTANT shall perform a post-installation inspection to collect
and verify facility data and perform typical measurement and monitoring, as performed during the
pre-installation inspection. CONSULTANT shall compare the resulting performance data versus
that projected in the DE. CONSULTANT shall generate a Punch List, if necessary, documenting
Measures that are incomplete, incorrectly installed, or need adjustment. After resolving the
pending punch list items by the appropriate party, the CONSULTANT shall prepare a Final
Measurement and Verification (M&V) Report to document and describe the Measures’ status and
their final projected savings results in detail.
●Task 7.d.1 Deliverable: Punch List
●Task 7.d.2 Deliverable: Final M&V Report
(e)Documentation and Facility Staff Training for RCx Measures
In addition to the above requirements, for projects that include RCx Measures, CONSULTANT
shall develop documentation on the implemented RCx adjustments and will provide training to
facility staff or contractor to perform ongoing maintenance and monitoring of the adjustments.
•Task 7.e.1 Deliverable: Documentation and training for RCx Measures
(f)Incentive Release and Customer Feedback
CONSULTANT shall provide the Customer an Incentive Release form to facilitate the
disbursement of the incentive by CPAU, acknowledge receipt of the project, and obtain Customer
Feedback.
●Task 7.f.1 Deliverable: Final Incentive Release form
(g)Twelve-Month Re-Inspection for Direct-Install RCx Measures
For direct install RCx Measures, CONSULTANT shall verify trend data and system setting
information 12 months after the implementation date of the RCx Measure(s). If data show
deviations from the technical specification and requirements outlined in the PIA, CONSULTANT
shall advise customer to restore Measures to the conditions verified at implementation.
•Task 7.g.1 Deliverable: Summary of Twelve-Month Re-Inspection for RCx Measures,
and resolution to remedy system(s) as applicable.
(h) Post Installation Support and Complaints
For all projects, CONSULTANT shall ensure the facility operation staff has received training and
all necessary operations and maintenance manuals and that the Customer is satisfied with the
installation. If an installation or Customer satisfaction issue should arise, CONSULTANT shall
promptly remedy it.
CONSULTANT shall respond to any Customer question or complaint within two business days
by telephone and will include the equipment manufacture on the call, if necessary, to provide
immediate guidance, service, or corrective work. CONSULTANT shall have trained respondents
on the call to rapidly respond to field issues, as needed, and maintain a Customer service log to
track such Customer calls and the provided service.
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If CONSULTANT is unable to resolve Customer complaints within five (5) days satisfactorily,
CONSULTANT shall immediately provide CPAU with a detailed description of the complaint,
including the name and the contact information of the complainant and any other information
requested by CPAU. As part of the Program’s External Policies and Procedures Manual,
CONSULTANT shall provide contact information for a Program Representative responsible for
fielding Customer complaints and describe the complaint resolution process. As part of the
Program’s Internal Policies and Procedures Manual, CONSULTANT shall outline specific
complaint resolution procedures to be followed by Program staff.
●Task 7.h.1 Deliverable: Customer Complaint log
Task 8 – Reporting
CONSULTANT shall provide ongoing scheduled reports to CPAU.
(a)Monthly Report
CONSULTANT shall submit a Monthly Report to CPAU for Program accomplishments and
installations performed in the preceding calendar month. The Monthly Report shall include
information on the prior month’s activities, accomplishments, and expenditures related to the
Program. At a minimum, the Monthly report shall contain:
i. Program Cost Data
ii.Program Impacts Data
iii. Number of customers participating in the Program
iv.Program Changes / New Program Information
v.Key performance indicators, including Customer Satisfaction
vi.Summary of customer compliments and/or complaints
vii.Reasons for rejection of proposed measures
viii.Any other requirements as determined by CPAU
●Task 8.a.1 Deliverable: Monthly Report and supporting documentation
(b)Yearly Report
CONSULTANT shall submit a Yearly Report to CPAU for Program accomplishments and
installations performed in the preceding calendar year, which shall be due no later than June 30th
of the subsequent year. The Yearly Report shall include information on the year’s activities,
accomplishments, and expenditures related to the Program. At a minimum, the Yearly Report shall
contain:
1)Program Expenditures Data
2)Program Narrative for the Year
3)First year EE savings achieved during Program Year, categorized by end-use
4)Lifecycle EE savings achieved during Program Year, categorized by end-use
5) Any changes to the Program Plan or any Program Design changes
●Task 8.b.1 Deliverable: Yearly Report and supporting documentation
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(c)Final Program Report
At the end of this Agreement, CONSULTANT shall submit a final comprehensive Program
Report before contract end date that will evaluate the Program. At the minimum, the report shall
include the following:
i.Program Achievements
ii. Program Challenges
iii. Goals Attainment
iv.Lessons Learned
v.Program Improvement Recommendations
vi.Program Next Step Proposed (i.e., Continue Program, End Program, etc.)
●Task 8.c.1 Deliverable: Final Program Report
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EXHIBIT B
SCHEDULE OF PERFORMANCE
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 (“NTP”) from the CITY.
Milestones Completion
Number of Days/Weeks (as specified below)
from NTP
1.Project (Program) Initiation Meeting Two weeks
2. Develop (Update) Program Plan Six weeks
3. Develop (Update) Program Documents Eight weeks
4. Develop (Updated)Invoicing and Eight weeks
Reporting Tools
5. (Re) Launch Program Ten weeks
6.Enroll Customers Ongoing
7.Install and Verify Resource Measures Ongoing
8. Reporting Ongoing
The schedule of performance shall be provided as detailed in Section 1 (Scope of Services) and
shall fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for professional services performed in accordance
with the terms and conditions of this Agreement using the Performance Payments and rates
outlined herein. CONSULTANT’S compensation under this Agreement is entirely based on
CONSULTANT performance. In order to receive compensation, CONSULTANT’S performance
must satisfy all requirements set forth in the Agreement and Exhibit “A” attached thereto.
Performance Payments
CITY will compensate CONSULTANT in Performance Payments that consists of:
(i) Project performance payment for self-install projects
(ii) Project performance payment plus customer incentives for direct install projects
The Project Performance Payment (“PPP”) will be calculated by multiplying the projected 1st
year energy savings, as set forth in the Final M&V Report (Task 7.d) for the project, for each
implemented customer project by the applicable performance rates, set forth below:
Electric efficiency savings for Key Account (KA) customers $0.1377/kWh
Electric efficiency savings for non-KA customers $0.17136/kWh
RCx gas efficiency savings for KA customers $0.92616/therm
Non-RCx gas efficiency savings for KA customers $1.377/therm
RCx gas efficiency savings for non-KA customers $1.0404/therm
Non-RCx gas efficiency savings for non-KA customers $1.49124/therm
Electrification savings for KA customers (calculated $0.2754/kWh
as 1st year gas savings in therms times 29.3
minus increase in electric use in kWh)
Electrification savings for non-KA customers (calculated $0.30906/kWh
as 1st year gas savings in therms times 29.3
minus increase in electric use in kWh)
100% of PPP is paid to CONSULTANT upon the submission of the Final M&V Report for the
project to CPAU Program Manager (Task 7.d).
All electrification projects and EE projects for non-Key Account customers need to be pre-
approved by CPAU Project Manager in order to qualify for Project Performance Payment.
Customer Incentive Payments
A.For Direct Install projects, in addition to the PPP, CITY will pay customer incentives to
CONSULTANT. This Customer Incentive Payment (CIP) will be calculated by multiplying the
1st year projected energy savings by the prevailing CPAU customer incentive rates at the time of
the PIA, but shall be no less than $0.10/kWh for electricity savings, and capped at the actual
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project cost. CONSULTANT shall submit the estimated CIP compensation for each project to
CPAU for approval prior to implementation..
The CIP will be paid to CONSULTANT upon completion of the project. CONSULTANT shall
submit an invoice to CPAU showing the calculation for energy savings, and contractor’s and
CONSULTANT’s costs. CPAU shall compensate CONSULTANT based on the actual project
costs.
Maximum Compensation
The maximum not-to-exceed PPP compensation over 3 years is $1,600,000, and the projected
Customer Incentive Payments to CONSULTANT over 3 years for direct install projects is
$385,000. The combined PPP and Customer Incentive Payments to CONSULTANT sums to a
maximum not-to-exceed compensation of $1,985,000 over 3 years. The customer incentive
amount available to a project through the customer direct-install path may change based on the
prevailing CPAU customer incentive rate in place at the time of the PIA, but shall be no less than
$0.10/kWh for electricity savings. The direct install incentives will cap @100% of reasonable
construction costs managed by the Consultant, including Consultant’s direct labor at the rates listed
in Exhibit C-1. The budget for Customer Incentive Payments is separate and not transferable to
PPP compensation.
The breakdown of the 3-year PPP budget is given in the table below.
$/Unit Units Budget
Electric EE savings at Key Account customers $0.1377/kWh 5,946,302 $818,806
Electric EE savings at non-Key Account
customers* $0.17136/kWh 2,607,240 $446,777
Gas EE - BRO savings at Key Account customers $0.92616/th 9,688 $8,973
Gas EE - non BRO savings at Key Account
customers $1.377/th 20,860 $28,724
Gas EE - BRO savings at non-Key Account
customer* $1.0404/th 24,727 $25,726
Gas EE - non BRO savings at non-Key Account
customers* $1.49124/th - $0
Electrification savings at Key Account customers* $0.2754/kWh 340,839 $93,867
Electrification savings at non-Key Account
customers* $0.30906/kWh 576,362 $178,130
*Budget categories are provisional; units listed represent soft (non-binding) targets; although the
budgets listed above total $1,601,003.00, the total not-to-exceed amount for PPP payments under
this Agreement shall not exceed $1,600,000.
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The breakdown of the 3-year customer incentive budget for direct-install compensation to
Consultant is given in the table below.
$/Unit Units Budget
Electric EE savings $0.10/kWh 3,750,000 $375,000
Gas EE savings $1.00/th 10,000 $10,000
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Type of service Hourly rate
Senior Director $302.00
Project Director $256.00
Senior Project Manager $205.00
Technical Manager $205.00
Project Manager $199.00
Project Engineer III $179.00
Project Engineer II $169.00
Project Engineer I $159.00
Project Coordinator $133.00
Administration $107.00
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS 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 HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY 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
YES 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: CONSULTANT, 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
CONSULTANT 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 CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II.THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE
AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
III.ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL
INSUREDS:
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.
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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 CONSULTANT 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 CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE
FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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EXHIBIT E
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
THIS CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (this “Agreement”) is
entered into this , 2021, by and between the City of Palo Alto, a California charter city
and municipal corporation with offices at 250 Hamilton Avenue, Palo Alto, California 94301
(“CITY”), and ENOVITY, INC., a California corporation, located at 100 Montgomery Street,
Suite 600, San Francisco, CA 94104 (“COMPANY”). COMPANY and CITY may also be referred
to individually herein as a “Party,” and collectively herein as the “Parties.”
RECITALS
WHEREAS, COMPANY and CITY are interested in pursuing a potential business transaction
with each other (the “Transaction”); and
WHEREAS, in connection with the Transaction, COMPANY may disclose to CITY certain
Confidential Information (defined below) of the COMPANY, and CITY may disclose to the
COMPANY certain Confidential Information of the CITY; and
WHEREAS, each Party desires to protect the confidentiality of its Confidential Information; and
WHEREAS, the Disclosing Party (defined below) would not disclose its Confidential Information
to the Receiving Party (defined below) but for the legal protections against unauthorized
disclosures intended to be afforded by California law and this Agreement, and is relying on the
protections against such disclosures contained in this Agreement in disclosing such Confidential
Information to the Receiving Party;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants, opportunities
and promises set forth herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1.Confidential Information. As used in this Agreement, “Confidential Information” means
all data, information, document and other material of the Parties, in any form or media, that:
A.Is not generally known to the public, whether of a technical, business or other nature
including, without limitation any and all intellectual property rights either Party holds in
and to its data, information, documents and other materials including without limitation
any software, services and/or documentation, including patents, copyrights, and
trademarks and trade secrets;
B.is disclosed by one Party (the “Disclosing Party”) to the other Party (the “Receiving
Party”) or that is otherwise learned or accessed by the Receiving Party in the course of its
communications, discussions or other dealings with, or due to its physical or electronic
access to the premises, property or systems of, the Disclosing Party; and/or
C.has been identified as being proprietary and/or confidential, or that would
reasonably be deemed to be proprietary and/or confidential based upon the nature of such
information and/or the circumstances surrounding its disclosure or receipt.
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2. Exceptions. “Confidential Information” does not include information which:
A.becomes generally available to the public other than as a result of a disclosure by
the Receiving Party;
B.was available to the Receiving Party on a non-confidential basis prior to its receipt
by the Receiving Party;
C.becomes available to the Receiving Party on a non-confidential basis from a source
other than the Disclosing Party, its employees or agents, provided that such source is not
bound by a confidentiality agreement with the Disclosing Party, its employees or agents or
otherwise is prohibited from transmitting the information to the Receiving Party by a
contractual, legal or fiduciary obligation; or
D.was independently developed by the Receiving Party without access to or the
benefit of the Confidential Information.
3.Non-Disclosure of Confidential Information. The Receiving Party, except as expressly
provided in this Agreement, will keep all Confidential Information confidential and will not
disclose any Confidential Information without the Disclosing Party's prior written consent, except
as otherwise expressly provided for in this Agreement. In addition, the Receiving Party will not
use, or permit others to use, the Disclosing Party’s Confidential Information for any purpose other
than for the Receiving Party’s consideration of, and discussion with the Disclosing Party of, the
Transaction being explored between the Parties pursuant to and in accordance with this
Agreement. Such permitted use includes the disclosure of the Confidential Information to the
Receiving Party’s employees and agents on a need-to-know basis only and solely for purposes of
the Receiving Party’s consideration of, and discussion with the Disclosing Party of, the
Transaction being explored between the Parties pursuant to and in accordance with this
Agreement, provided that the Receiving Party informs such employees and agents of, and requires
them to adhere to, the provisions of this Agreement. The Receiving Party is responsible for any
use of Confidential Information by its employees and agents.
4.Public Records or Governmental Request. The Receiving Party shall comply with the
confidentiality covenants contained herein to the fullest extent permitted by applicable law.
Should the Receiving Party receive a public records request, or otherwise be directed by any
governmental authority to disclose any or all of the Disclosing Party’s Confidential Information,
the Receiving Party shall promptly provide notice to the Disclosing Party of such request to allow
the Disclosing Party an opportunity to prevent such disclosure. Furthermore, in the event that a
request for COMPANY’s Confidential Information is made under applicable public records law,
the CITY agrees to cooperate with any reasonable request of COMPANY, at COMPANY’s
expense, to maintain the confidentiality of the COMPANY’s Confidential Information. The Parties
understand and agree that in the event that COMPANY’s Confidential Information is sought from
CITY under such a public records request, and the CITY asserts to the requesting party that such
records are not disclosable due to their confidential and/or proprietary nature (or other basis under
the law for non-disclosure), and such non-disclosure is challenged in court, it will be COMPANY’s
responsibility to take action in court to defend the non-disclosure/oppose disclosure. Nothing
herein shall require the CITY to take any action, or to refuse to disclose information, where to do
so would violate applicable law.
5.Ownership of Confidential Information. All Confidential Information will remain the
exclusive property of the Disclosing Party, and the Receiving Party will have no rights, by license
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or otherwise, to use the Confidential Information except as expressly provided herein or in a
separate written agreement specifically granting such rights.
6.Protection of Confidential Information. The Receiving Party will take commercially
reasonable measures to protect and secure the Disclosing Party’s Confidential Information from
unauthorized access, disclosure, dissemination or use, including, at a minimum, those measures it
takes to protect and secure its own confidential information, and, in any event, no less than a
reasonable standard of care.
7.Notice of Unauthorized Disclosure. The Receiving Party shall immediately notify the
Disclosing Party upon the discovery of any loss or unauthorized disclosure or use of the
Confidential Information of the Disclosing Party.
8.Injunctive Relief. Each Party acknowledges and agrees that a breach by it or one of its
affiliates, employees or agents of any of the covenants set forth in this Agreement will cause
irreparable injury to the other Party and its business for which damages, even if available, will not
constitute an adequate remedy. Accordingly, each Party agrees that the other Party, in addition to
any other remedy available at law or in equity, shall be entitled to the issuance of injunctive relief
(including, without limitation, specific performance) by a court of competent jurisdiction in order
to enforce the covenants and agreements contained herein.
9.Attorneys’ Fees and Costs. If attorneys’ fees or other costs are incurred to secure
performance of any obligations under this Agreement, or to establish damages for the breach
thereof, or to obtain any other appropriate relief, whether by way of prosecution or defense, the
prevailing Party will be entitled to recover reasonable attorneys’ fees and costs incurred in
connection therewith.
10.Non-waiver. Any failure by either Party to enforce performance of any provision of this
Agreement will not constitute a waiver of its right to subsequently enforce such provision or any
other provision of this Agreement.
11.Assignment. Neither Party may assign this Agreement or any rights or obligations hereof
without the prior written consent of the other Party, and any attempted assignment without such
consent shall be null, void, and of no effect. Subject to the foregoing, the covenants, terms,
conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors,
executors, administrators and assignees of the Parties.
12.Section Headings. The section headings contained in this Agreement are for convenience
of reference only and are not intended to define the scope of any provision of this Agreement.
13.Notices. All notices or communications required or permitted to be given under this
Agreement shall be in writing and shall be delivered by: (a) certified mail, return receipt requested
to a party’s principal place of business set forth below in this Notices section, (b) hand delivered,
(c) e-mail, or (d) delivery by a reputable overnight carrier service. In the case of delivery by e-
mail, the notice must be followed by a copy of the notice being delivered by a means provided in
(a), (b) or (d). The notice will be deemed given on the day the notice is received.
Notices to the Parties under this Agreement shall be provided as follows:
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NOTICE TO COMPANY:
Enovity, Inc.
100 Montgomery Street, Suite 600
San Francisco, CA 94104
Attention:
Jeff Guild
Director
NOTICE TO CITY:
City of Palo Alto
Utilities Department
250 Hamilton Avenue
Palo Alto, CA 94301
Attention:
Dean Batchelor
Director of Utilities
14.Governing Law. This Agreement will be governed by and construed in accordance with
California law, without regard to its conflict-of-law provisions.
15.Jurisdiction and Venue. Any judicial proceeding brought by or against the Parties arising
out of this Agreement or any matter related hereto shall be brought exclusively in a California
federal or state court of competent jurisdiction. The venue for any dispute shall be Santa Clara
County, California. Each of the Parties consents to the exclusive jurisdiction and venue of the
aforesaid courts.
16.Severability. If any term or provision of this Agreement or the application thereof shall,
to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of
such term or provision to persons or circumstances other than those as to which it is held invalid
or unenforceable shall not be affected thereby, and each term and provision of this Agreement
shall be valid and enforced to the fullest extent permitted by law.
17.Amendment. This Agreement may only be modified by written amendment signed by
authorized representatives of the Parties and approved as required under Palo Alto Municipal
Code.
18.Incorporation of Recitals. The recitals set forth on page 1 of this Agreement are
substantive terms of this Agreement and are hereby fully incorporated herein by this reference.
19.Counterparts. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original and all of which will constitute one and the same Agreement.
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20.Term and Termination; Survival. This Agreement is intended to cover Confidential
Information disclosed or received by either Party prior or subsequent to the date of this
Agreement. Unless otherwise earlier terminated, this Agreement will expire five (5) years from
the date first written above; provided, however, that each Party's confidentiality and security
obligations with respect to the other Party's Confidential Information disclosed or received prior
to termination or expiration will survive until such Confidential Information ceases to be
confidential hereunder or the Receiving Party is no longer in possession or control of such
information in accordance with the provisions of this Agreement.
21.Return of Confidential Information. Upon termination or expiration of this Agreement,
or upon receipt of written request from the Disclosing Party, the Receiving Party shall promptly
and securely return to the Disclosing Party all Confidential Information of the Disclosing Party,
including any copies made thereof, and/or shall promptly and securely destroy (so as to render
such Confidential Information unreadable by any third party) all such Confidential Information
of the Disclosing Party in the Receiving Party’s possession or control (including in the
possession or control of any employee or agent of the Receiving Party) and shall, upon request of
the Disclosing Party, certify such secure destruction in writing to the Disclosing Party within
thirty (30) days of such request.
22.Section Headings. All section headings contained in this Agreement are for convenience
and reference only and are not intended to define or limit the scope of any provision of this
Agreement.
23.Entire Agreement. This Agreement represents the entire agreement of the CITY and
COMPANY with respect to the subject matter hereof, and supersedes any prior agreements,
understandings, and representations, whether written, oral, expressed, implied, or statutory. The
CITY hereby acknowledges that in entering into this Agreement it did not rely on any
information not explicitly set forth in this Agreement.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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PARTY SIGNATURES TO THE AGREEMENT
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representative(s) as of the date first set forth above.
COMPANY: ENOVITY, INC.
APPROVED:
By:_________________________________
Name:______________________________
Title:_______________________________
CITY OF PALO ALTO
APPROVED:
By:_________________________________
Ed Shikada
City Manager
By:_________________________________
Dean Batchelor
Director of Utilities
APPROVED AS TO FORM:
By:_________________________________
City Attorney or Designee
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Tim Chin
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EXHIBIT F
INFORMATION PRIVACY POLICY
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CITY OF PALO ALTO OFFICE OF THE CITY MANAGER
The Honorable City Council August 30, 2021
Palo Alto, California
Independent Police Auditor's Report on Investigations Completed:
1/1/20 to 6/30/20
INTRODUCTION AND BACKGROUND
Since 2006, Palo Alto has utilized an independent police auditor (IPA) to conduct secondary
review of defined investigations of uniformed Police Department personnel and provide related
services. Since the inception of the independent police auditing program, the City has
contracted with the Office of Independent Review (OIR Group), to provide these services.
In 2021, following many discussions through ad hoc committees and Policy and Services
discussions, the City Council expanded the IPA scope and included several components that
were previously reported in summary form in a supplemental cover memo. As of June 2021, the
IPA’s scope includes the following for future IPA review and reports:
-Incidents where an officer uses a TASER, baton, chemical agent, less-lethal projectile,
canine, firearm, or any other force, resulting in an injury requiring treatment beyond
minor medical care in the field;
- The Police Department’s handling of Supervisory Inquiry Reports (formerly called
Informal Inquiry Reports) (complaints that are sufficiently investigated and resolved
through expedited review); and
-Review of City investigations of uniformed officers arising from employee complaints of
discrimination, harassment or retaliation by a uniformed officer.
The amendment also updated contract language on the timing of reports to ensure that reports
are published twice per year, including all cases completed by that time (instead of delaying
publication until all cases covering a certain timeframe are complete). City Council requested
this change to meet their interest in understanding cases that were submitted to the IPA and
still under review. In the June City Council action to amend the IPA contract, the City Council
asked the IPA to include the following in subsequent reports:
C.Add to Section 3 that published reports will note items that are pulled from the report
for further work and provide a short description of the item(s). (June 14 Action Minutes).
Because the attached IPA report was completed at the same time as City Council’s direction to
report on still-pending items, the report does not include this information. The IPA will include
a list of cases still under review in subsequent reports. The City Council will have an opportunity
to confer with the IPA at an open session meeting in September.
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Information regarding the Police Auditor reports can be found on the website, here:
www.cityofpaloalto.org/gov/depts/pol/auditor.asp. In addition, for details about other Police
Department’s accountability measures, go here: www.cityofpaloalto.org/policeaccountability.
PROCESS TO FILE A COMPLAINT
https://www.cityofpaloalto.org/gov/depts/pol/report/employee_complaint.asp.
Complaints may also be directed to the Independent Police Auditor as follows:
Contact: Mr. Mike Gennaco
Phone: (323) 412-0334
Email: Michael.gennaco@oirgroup.com
Or mail to: OIR Group
1443 E. Washington Blvd., #234
Pasadena, CA 91104
ATTACHMENT
Attachment A: Palo Alto Independent Police Auditors’ (IPA) Report Review of Investigations
2019 (PDF)
________________________
ED SHIKADA
City Manager
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INDEPENDENT POLICE AUDITORS’ REPORT:
Review of Investigations Completed: 1/1/20 to 6/30/20
Presented to the Honorable City Council
City of Palo Alto
June 2021
Prepared by: Michael Gennaco and Stephen Connolly
Independent Police Auditors for
the City of Palo Alto
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Introduction
This report addresses materials received by the Independent Police Auditor (“IPA”) for review
from the first half of 2020. It includes three cases that were investigated by the Palo Alto Police
Department (“PAPD”) and completed during that time period. Each involved relatively
straightforward matters that were handled through the Department’s “Informal Inquiry” process,
which we described in our most recent report.
As we put it then, these cases arise from a public complaint (as opposed to internally generated
allegations) for which PAPD “was able to reach a resolution regarding its merits without going
through a full-scale investigation process (including, most significantly, interviews of witnesses
and subjects).” The Department’s adoption of body-worn cameras has added to the efficiency with
which it can evaluate many allegations through readily available recorded evidence. The intent is
to streamline the investigative process without sacrificing documentation, review, and appropriate
accountability.
While a more robust approach – including interviews – continues to be important in many
instances, the Informal Inquiry concepts makes sense to us when applied selectively.1 Two of the
cases discussed below (including one in which the complaint was sustained) seemed to have been
handled in an appropriate fashion. The third, involving a woman who felt that two officers had
responded inadequately to a request for help as she sought to leave a protest, struck us as slightly
more complicated, as we explain.
Along with the matters that provide the substance of our report for this cycle, there is a corollary
absence of the other kinds of cases that have been within our “jurisdiction” for several years. No
Taser uses or other misconduct investigations were completed during the six-months at issue here.
A final introductory note: we submit this report on the heels of a recent City Council meeting in
which our scope of work for the City was expanded in notable ways. These include the addition of
a new mandate to review all significant force uses by PAPD officers – a range that obviously goes
well beyond the specific access to Taser deployment cases that we have had for several years. The
City has also asked OIR Group to resume its review of internally generated complaints by
Department employees against their sworn colleagues. These steps reflect a heightened
commitment to transparency and accountability by the City’s leadership, and we look forward to
providing a further window into the Department’s systems for addressing concerns.
1 It is our understanding that the Department’s leadership recently updated the name it uses for these matters
to “Supervisor Inquiry Investigation.”
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Misconduct Investigations
Case 1: Allegation of Threatening, Harassing, and Coercive
Behavior
Factual Overview
The complainant alleged that she was “abused, harassed, and threatened” by a PAPD officer and a
supervisor. The allegation stemmed from a call for service in which an individual alleged that he
witnessed the complainant get out of her parked vehicle and “key” his car while he was sitting in
the driver’s seat. A review of the police report and body camera footage shows the officer
responding to the call, talking with the owner, and eventually talking with the complainant after
she returned to her vehicle.
As a result of the investigation, the officer prepared a vandalism report setting out the victim’s
account of what had occurred. The report further notes that the complainant denied the vandalism
allegation but said that she would pay for the damage. The report was forwarded to the District
Attorney, who filed one count of felony vandalism against the complainant.
The complainant alleged that the officer threatened her, accused her of vandalism, and advised her
that she would be the subject of a criminal complaint which could lead to her arrest. The
complainant further alleged that the officer had “hunted her down” in an effort to locate her.
The supervisor who reviewed the complaint noted that PAPD policy requires officers to make
reasonable attempts to locate, identify, and interview all available victims, complainants,
witnesses, and suspects. He determined that based on the review of the body-worn camera account
of the encounter that the officer’s investigative steps and interaction with the complainant were
consistent with this directive. Finally, the supervisor noted that that his review of the body camera
recordings did not depict any conduct on part of the responding officer that would be considered
objectively threatening or inappropriate.
Outcome and Analysis
IPA was provided the complaint, the police report, and the body camera footage of the encounter
and reviewed the materials independently. Based on that review, we concur with the PAPD
supervisor that there is no conduct or actions on behalf of the responding officer that would
constitute threatening, abusive, harassing, or any other inappropriate conduct.
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We were also provided with the letter that PAPD is required under state law to provide to the
complainant advising of the results of the investigation. As with prior letters we have reviewed,
this letter consists of four “boilerplate” sentences that does not provide any detail about how or
why the Department reached the conclusion it did. As we have said previously, PAPD’s failure to
provide additional information about what was done to investigate the complainant’s allegations
and the reasons for its conclusion is a missed opportunity to “show its work” and demonstrated that
the allegations were seriously considered. In fairness, though, we note that the command staff has
expressed its acknowledgement of that point and the closing letter in this matter preceded our
initial recommendation. More importantly, PAPD has shifted its approach in more recent
communications, and provided us with examples of a more effective approach. We appreciate that
the Department considered and adopted our recommendation and commend PAPD for this increase
in transparency.
Case 2: Allegation of Excessive Speed by Officer
Factual Overview
A member of the public contacted the Department to complain that an officer in a
marked police vehicle had accelerated “faster than other cars” after being stopped with
them at a signal, and seemed to be exceeding the posted speed limit. This individual
provided sufficient details about time and place that the Department was able to
ascertain the identity of the relevant officer and extract recorded information about the
incident in question. The car’s own video system provided useful evidence in this
regard.
Through its initial inquiry, PAPD learned that the officer was in fact responding to a
call for service, but it was non-emergency in nature. The officer was found to have
been driving some 20 miles over the speed limit, in keeping with the allegation as
reported.
Outcome and Analysis
The Department decided to address this issue informally, through documented
counseling and a review about the policy relating to responding to calls. This was
based in part on the light traffic conditions, the non-egregious nature of the officer’s
violation, and the absence of any collateral consequences.2 In much the same way that
2 At the same time, it should be noted that the poor impression – and unfortunate example – that the officer
left with the person who ultimately complained is itself a concern that merits some level of attention. But
we have no reason to believe that bad driving habits are endemic within PAPD, and the command staff has
conveyed to us that road safety is in fact a point of emphasis in the organization.
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officers exercise their discretion to give motorists a warning rather than a citation at
the end of some traffic stops, it is reasonable for the Department to stop short of
formal discipline in a situation like this – provided that some form of intervention and
documentation has occurred.
We were impressed with the Department’s ability to swiftly determine what had
happened and to devise an appropriate response.
Case 3: Allegation of “Dereliction of Duty”
Factual Overview
This case was initially submitted by a woman who wished to remain anonymous (although she
had provided information about her identity in the course of filing her complaint online). She
expressed disappointment in the lack of assistance she received from two PAPD officers when
she approached them as a protest event was coming to an end.
At the time of the incident, the woman told the officers that a fellow protestor, whose
antagonistic behavior had been addressed by organizers, was now creating problems for
individuals who had intervened with him. This individual was actually standing in a group of
several people with the woman as she engaged the officers. She apparently hoped the officers
would speak with the man or otherwise facilitate the safe departure from the scene of herself
and her associates. Instead, per her complaint, the officers “refused” to help, looked at them as
if they were “ridiculous,” and seemed “amused” by their situation. The woman said that the
man then followed her to her car in a harassing manner as the two officers drove away a
moment later, never looking in their direction.
The woman did not reply at first to requests for a further interview about her complaint.
Nonetheless, the Department was able to find some relevant evidence based on the information
she had provided in writing. It learned that, at the time of the encounter with the woman and
her group, the officers were finalizing an accident investigation: a driver had collided at low
speed with one of the officer’s police vehicles, and the other officer was there to handle the
traffic collision report. There was also a short body-worn camera recording that included audio
of the very end of the encounter. The woman (who was on crutches) seemed mildly
apprehensive, but walked off voluntarily and in the same direction as the others (including the
man who was apparently concerning her).
Outcome and Analysis
The sergeant who initially handled this complaint found that the officers had acted appropriately.
Though no interviews with the officers were conducted, the sergeant drew inferences from the
available records, and gave considerable weight to the fact that the officers were – unbeknownst to
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the complainant – finishing the accident call and therefore somewhat occupied. The sergeant
determined that the request for officers to somehow keep the allegedly problematic member of the
group with them as the others left would have amounted to a “detention” that was not legally
justified. The sergeant also noted that the body-worn camera evidence suggested that the group
was voluntarily – and without apparent distress – moving away together at the end of the exchange
with officers. The officers were “exonerated” at the “Informal Inquiry” level.
A few months later, the lieutenant who had first sought a supplemental interview with the
complainant was in fact able to speak with the person. The conversation seems to have been a
productive one. The woman learned that the officers actually had been involved in another service
call, and she was also able to present her concerns more fully. After considering her options, she
decided she was satisfied to keep the matter at an “informal” level, having been assured that the
lieutenant would speak to both officers “and discuss better communication during and after a
protest.”
This last exchange certainly strengthened the overall quality of the PAPD response, and the
woman’s own apparent inaccessibility at the outset of the review was clearly a limiting factor in
the Department’s ability to investigate. Still, we were somewhat underwhelmed by the quality of
the initial review of this matter. The “tail” of reaching a prompt resolution seems to have wagged
the “dog” of conducting a thorough inquiry, particularly insofar as an interview of one or both
officers could have certainly clarified some of the specific issues that the complaint raised. These
included the following:
•The complainant directed her written concerns at one officer by name, saying
that they knew each other, but no apparent familiarity was observable on the
recordings.
•The recordings themselves were not as helpful as they might have been if both
officers had engaged their cameras as soon as the group approached. It is
unclear why they didn’t, and the “Informal Inquiry” did not address this
question.
•The officers’ preoccupation with the accident issue was supposedly a factor in
their limited ability to provide assistance. But the collision call was over for
all practical purposes, and – as the complainant suggested – seemingly not so
demanding as to consume both officers.
•The complainant claimed that the officer she mentioned by name had actually
been working at the protest and had observed the problematic behavior of the
man she was concerned about – thereby providing some additional context for
her request for help and a potential basis for greater intervention. Again, this
was not explored.
•The complainant alleged that, after her brief and unsatisfying request for help,
the officers subsequently had driven right past as the woman dealt with the
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predicted harassment at her car. This was addressed speculatively by the
handling sergeant, who surmised that the crowded environment made it
“reasonable” to assume the officers were unaware. Obviously, though,
actually asking the officers about it would have produced a more definitive
answer.
•The allegations of inappropriate reactions (including the officers laughing at
the group and making dismissive comments) were not definitively resolved.
Additionally, while the lieutenant and the complainant seemed to reach a positive “meeting of the
minds” during their follow-up conversation a few months later, there is no documentation in the
investigative file as to any related counseling or discussion that the lieutenant had with the
involved officers. While it may have occurred – and seems like a worthwhile and adequate
remediation – the record-keeping component is important for various reasons.3
As we have said previously, we recognize that, under the right circumstances, the “Informal
Inquiry” approach can be as effective and suitable as it is efficient in addressing certain allegations.
But that reality turns on a few key factors, with the conclusiveness of the available evidence being
one of them.
Here, the situation at issue seems to have been low-key in its intensity, and the officers don’t
appear to have been malicious or egregious in their decision-making. However, the Informal
Inquiry left not only unanswered questions but also other “low hanging fruit” in terms of PAPD
making the most of feedback from its public.
RECOMMENDATION TWO: PAPD should limit its use of the Informal
Inquiry to situations in which available evidence lends itself to a conclusive
awareness of what occurred or why the complaint otherwise lacks validity.
RECOMMENDATION THREE: PAPD should include relevant documentation
whenever the outcome of a case involves counseling of the involved officers.
3In subsequent conversations with the Department, we have been advised that while the non-disciplinary
after-actions have been documented, there has been no practice of including the record of those
interventions in the investigative file. PAPD indicates amenability toward doing so on a forward-going
basis.
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TO: HONORABLE CITY COUNCIL
FROM: ED SHIKADA, CITY MANAGER
AGENDA DATE: AUGUST 30, 2021
SUBJECT: ITEM NUMBER 8 – UNHOUSED SERVICES
Attached to this cover sheet is the PowerPoint presentation for Monday’s continued discussion of
services for unhoused Palo Altans.
_________________________
Ed Shikada
City Manager
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AUGUST 30, 2021 www.cityofpaloalto.org
CONTINUED DISCUSSION OF SERVICES FOR UNHOUSED RESIDENTS IN PALO ALTO
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Council Action on August 9, 2021
A. Support advancing an application for the Project Homekey Program for an emergency
shelter in a portion of the Former Los Altos Treatment Plant (LATP) site with specific steps
as follows:
i. Pursue partnership with LifeMoves as the nonprofit partner;
ii. Pursue zoning changes necessary to allow for an emergency shelter at the LATP site;
iii. Direct Staff to identify funding sources and to include that information in the return
report to the City Council;
iv. Return to City Council in September with sufficient time to make an application and
include all application details, including the explanation of all costs; and
B. Continue City Council discussion on the rest of this item to a date uncertain.
2
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Remaining Discussion Items from August 9 Council Meeting
Any other follow up regarding Project Homekey Program (staff is moving forward based
on Aug. 9 Action; will return to Council on Sept. 27 with further details)
Endorsement of the Santa Clara County Community Plan to End Homelessness
Discussion of City resources regarding unhoused services in Palo Alto
Confirmation of the Policy Topics for Permanent Safe Parking Ordinance
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Santa Clara County Community Plan to End Homelessness 2020-25 –Recommendation to Endorse Plan
www.cityofpaloalto.org
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Discuss resources regarding unhoused services
Support for the individual
Law enforcement component
Management of the various initiatives identified (such as
Safe Parking, Project Homekey, Alternative Response
Programs re Mental Health Services, etc.)
Staff will follow up with resource actions based on City Council
feedback today related to the items above.
Resources for Unhoused Services in Palo Alto
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Safe Parking-Elements for Future Permanent Program
Confirmation of Policy Topics of interest related to the permanent Safe Parking
Ordinance which will come to City Council at a future date.
Topics staff is aware of thus far are:
Consideration of background checks for inclusion in the program and for what
types of past criminal actions (e.g., violent felons and sex offenders)
Consideration of geographical distribution of safe parking programs
Expansion of the program into private, commercial parking lots
Increasing the number of vehicles allowed per lot (currently 4 vehicles allowed)
Any other programmatic elements based on the process and program to date
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1.Endorse the SCC Community Plan to End Homelessness.
2.Provide staff with direction related to desired resource
support for unhoused services in Palo Alto in order for staff to
bring back the relevant necessary appropriation actions.
3.Confirm the topics of interest related to the permanent Safe
Parking Ordinance and support staff to return to City Council
for future policy discussions related to those topics.
Discussion and Next Steps
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