HomeMy WebLinkAbout2023-09-11 City Council Agenda PacketCITY COUNCIL
Regular Meeting
Monday, September 11, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by
teleconference or in person. To maximize public safety while still maintaining transparency and
public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end
of the agenda. Masks are strongly encouraged if attending in person. The meeting will be
broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,
and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238)
Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an
amount of time determined by the Chair. All requests to speak will be taken until 5 minutes
after the staff’s presentation. Written public comments can be submitted in advance to
city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection
on the City’s website. Please clearly indicate which agenda item you are referencing in your
subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,
the Clerk will have them shared at public comment for the specified item. To uphold strong
cybersecurity management practices, USB’s or other physical electronic storage devices are not
accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Council reserves the right to use more or less time on any item, to
change the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best manage
the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting will be called to order in honor of September 11 , 2001 (9/11).
SPECIAL ORDERS OF THE DAY (Item 1: 5:30 ‐ 5:40 PM, Item 2: 5:40 ‐ 5:50 PM)
1.Presentation from Sibling Cities on the Palo Alto‐Bloomington Sibling City Partnership
AA1.Interview for the Architectural Review Board (Continued from September 5, 2023).
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:50 ‐ 6:05 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral
Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:05 ‐ 6:10 PM)
Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:10 ‐ 6:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3.Approval of Minutes from August 21, 2023 Meeting
4.Approval of Construction Contract Number C24188528 with Cratus, Inc. in the Amount
Not‐to‐Exceed $6,956,400 for the Water Main Replacement Project 29, Capital
Improvement Program Project WS‐15002; and Authorization for the City Manager to
Negotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $695,640. CEQA
status – exempt under CEQA Guideline Sections 15301 and 15302.
5.Approve Participation in the GoGreen Home Energy Financing Program as Recommended
by the Utilities Advisory Commission in an Amount Not‐to‐Exceed $300,000 over a Term
of up to Two Years, Authorizing the Execution of a Memorandum of Agreement with the
California Alternative Energy and Advanced Transportation Financing Authority; and
Approve a FY 2024 Budget Amendment in the Gas Fund; CEQA Status: Not a project.
6.Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Between
the City of Palo Alto and County of Santa Clara to Authorize up to Two County Clinicians
to be Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice and
Mental Health Collaboration Program for Three Years at $183,000 per Year (Not to
exceed $549,000); CEQA status ‐ not a project.
7.Approve and authorize the City Manager or designee to execute a three‐year Funding
Agreement with the Palo Alto Transportation Management Association (TMA), providing
$200,000 in funding for FY24. CEQA status – not a project.
8.Approval to appoint the Chair of the Expanded Community Advisory Panel (XCAP) as an
Ex Officio (non‐voting) member on the Rail Committee; CEQA status ‐ not a project.
9.Accept the Human Relation Commission’s Recommended Contingency Plan for the
Distribution of $200,000 in Additional Funding for the FY2024‐25 Human Services
Resource Allocation Process Recipients; CEQA status – not a project.
CITY MANAGER COMMENTS (6:15 ‐ 6:30 PM)
BREAK (6:30 ‐ 6:45 PM)
STUDY SESSION (6:45 ‐ 7:45 PM To Be Heard Out of Order)
2.Prescreening for proposed rezoning of 3265 El Camino Real to Planned Home Zone (PHZ)
ACTION ITEMS (Item 10: 7:45 ‐ 9:15 PM, Item 11: 9:15 ‐ 10:15 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
10.Approve the Revised Permanent Parklet Program Regulations; Provide Feedback on
Incentives for Electric Heating on Parklets; and Adopt Legislation Creating an Ongoing
Parklet Program, Creating Related Fees and Penalties, and Continuing Parklets in
Certain Areas of University Avenue Downtown and the California Avenue Area. CEQA
Status – Categorically Exempt (Sections 15301 and 15304(e)).
11.Receive the Human Relation Commission’s Recommendations on the Evaluation and
Celebration of Additional Dates to Advance Race & Equity, Including Through City
Recognition and City Paid Holidays and Provide Direction to Staff on Further Actions.
CEQA status – not a project.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action
during this meeting’s agenda.
12.FY 2023 Significant Gifts and Donations to the City
13.Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 2 of CY 2023)
14.Biannual Reports of Contracts Awarded by the City Manager, Procurement Officer or
Other Designated Employees
OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee September 12, 2023 CANCELED
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1.Interview for the Architectural Review Board (Continued from September 5, 2023).
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
th
1 Regular Meeting September 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, September 11, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Council reserves the right to use more or less time on any item, to
change the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best manage
the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting will be called to order in honor of September 11 , 2001 (9/11).
SPECIAL ORDERS OF THE DAY (Item 1: 5:30 ‐ 5:40 PM, Item 2: 5:40 ‐ 5:50 PM)
1.Presentation from Sibling Cities on the Palo Alto‐Bloomington Sibling City Partnership
AA1.Interview for the Architectural Review Board (Continued from September 5, 2023).
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:50 ‐ 6:05 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral
Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:05 ‐ 6:10 PM)
Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:10 ‐ 6:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3.Approval of Minutes from August 21, 2023 Meeting
4.Approval of Construction Contract Number C24188528 with Cratus, Inc. in the Amount
Not‐to‐Exceed $6,956,400 for the Water Main Replacement Project 29, Capital
Improvement Program Project WS‐15002; and Authorization for the City Manager to
Negotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $695,640. CEQA
status – exempt under CEQA Guideline Sections 15301 and 15302.
5.Approve Participation in the GoGreen Home Energy Financing Program as Recommended
by the Utilities Advisory Commission in an Amount Not‐to‐Exceed $300,000 over a Term
of up to Two Years, Authorizing the Execution of a Memorandum of Agreement with the
California Alternative Energy and Advanced Transportation Financing Authority; and
Approve a FY 2024 Budget Amendment in the Gas Fund; CEQA Status: Not a project.
6.Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Between
the City of Palo Alto and County of Santa Clara to Authorize up to Two County Clinicians
to be Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice and
Mental Health Collaboration Program for Three Years at $183,000 per Year (Not to
exceed $549,000); CEQA status ‐ not a project.
7.Approve and authorize the City Manager or designee to execute a three‐year Funding
Agreement with the Palo Alto Transportation Management Association (TMA), providing
$200,000 in funding for FY24. CEQA status – not a project.
8.Approval to appoint the Chair of the Expanded Community Advisory Panel (XCAP) as an
Ex Officio (non‐voting) member on the Rail Committee; CEQA status ‐ not a project.
9.Accept the Human Relation Commission’s Recommended Contingency Plan for the
Distribution of $200,000 in Additional Funding for the FY2024‐25 Human Services
Resource Allocation Process Recipients; CEQA status – not a project.
CITY MANAGER COMMENTS (6:15 ‐ 6:30 PM)
BREAK (6:30 ‐ 6:45 PM)
STUDY SESSION (6:45 ‐ 7:45 PM To Be Heard Out of Order)
2.Prescreening for proposed rezoning of 3265 El Camino Real to Planned Home Zone (PHZ)
ACTION ITEMS (Item 10: 7:45 ‐ 9:15 PM, Item 11: 9:15 ‐ 10:15 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
10.Approve the Revised Permanent Parklet Program Regulations; Provide Feedback on
Incentives for Electric Heating on Parklets; and Adopt Legislation Creating an Ongoing
Parklet Program, Creating Related Fees and Penalties, and Continuing Parklets in
Certain Areas of University Avenue Downtown and the California Avenue Area. CEQA
Status – Categorically Exempt (Sections 15301 and 15304(e)).
11.Receive the Human Relation Commission’s Recommendations on the Evaluation and
Celebration of Additional Dates to Advance Race & Equity, Including Through City
Recognition and City Paid Holidays and Provide Direction to Staff on Further Actions.
CEQA status – not a project.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action
during this meeting’s agenda.
12.FY 2023 Significant Gifts and Donations to the City
13.Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 2 of CY 2023)
14.Biannual Reports of Contracts Awarded by the City Manager, Procurement Officer or
Other Designated Employees
OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee September 12, 2023 CANCELED
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1.Interview for the Architectural Review Board (Continued from September 5, 2023).
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
th
2 Regular Meeting September 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, September 11, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERThis meeting will be called to order in honor of September 11 , 2001 (9/11).SPECIAL ORDERS OF THE DAY (Item 1: 5:30 ‐ 5:40 PM, Item 2: 5:40 ‐ 5:50 PM)1.Presentation from Sibling Cities on the Palo Alto‐Bloomington Sibling City PartnershipAA1.Interview for the Architectural Review Board (Continued from September 5, 2023).AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:50 ‐ 6:05 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:05 ‐ 6:10 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (6:10 ‐ 6:15 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.3.Approval of Minutes from August 21, 2023 Meeting4.Approval of Construction Contract Number C24188528 with Cratus, Inc. in the AmountNot‐to‐Exceed $6,956,400 for the Water Main Replacement Project 29, CapitalImprovement Program Project WS‐15002; and Authorization for the City Manager toNegotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $695,640. CEQAstatus – exempt under CEQA Guideline Sections 15301 and 15302.5.Approve Participation in the GoGreen Home Energy Financing Program as Recommendedby the Utilities Advisory Commission in an Amount Not‐to‐Exceed $300,000 over a Termof up to Two Years, Authorizing the Execution of a Memorandum of Agreement with theCalifornia Alternative Energy and Advanced Transportation Financing Authority; andApprove a FY 2024 Budget Amendment in the Gas Fund; CEQA Status: Not a project.6.Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Betweenthe City of Palo Alto and County of Santa Clara to Authorize up to Two County Clinicians
to be Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice and
Mental Health Collaboration Program for Three Years at $183,000 per Year (Not to
exceed $549,000); CEQA status ‐ not a project.
7.Approve and authorize the City Manager or designee to execute a three‐year Funding
Agreement with the Palo Alto Transportation Management Association (TMA), providing
$200,000 in funding for FY24. CEQA status – not a project.
8.Approval to appoint the Chair of the Expanded Community Advisory Panel (XCAP) as an
Ex Officio (non‐voting) member on the Rail Committee; CEQA status ‐ not a project.
9.Accept the Human Relation Commission’s Recommended Contingency Plan for the
Distribution of $200,000 in Additional Funding for the FY2024‐25 Human Services
Resource Allocation Process Recipients; CEQA status – not a project.
CITY MANAGER COMMENTS (6:15 ‐ 6:30 PM)
BREAK (6:30 ‐ 6:45 PM)
STUDY SESSION (6:45 ‐ 7:45 PM To Be Heard Out of Order)
2.Prescreening for proposed rezoning of 3265 El Camino Real to Planned Home Zone (PHZ)
ACTION ITEMS (Item 10: 7:45 ‐ 9:15 PM, Item 11: 9:15 ‐ 10:15 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
10.Approve the Revised Permanent Parklet Program Regulations; Provide Feedback on
Incentives for Electric Heating on Parklets; and Adopt Legislation Creating an Ongoing
Parklet Program, Creating Related Fees and Penalties, and Continuing Parklets in
Certain Areas of University Avenue Downtown and the California Avenue Area. CEQA
Status – Categorically Exempt (Sections 15301 and 15304(e)).
11.Receive the Human Relation Commission’s Recommendations on the Evaluation and
Celebration of Additional Dates to Advance Race & Equity, Including Through City
Recognition and City Paid Holidays and Provide Direction to Staff on Further Actions.
CEQA status – not a project.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action
during this meeting’s agenda.
12.FY 2023 Significant Gifts and Donations to the City
13.Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 2 of CY 2023)
14.Biannual Reports of Contracts Awarded by the City Manager, Procurement Officer or
Other Designated Employees
OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee September 12, 2023 CANCELED
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1.Interview for the Architectural Review Board (Continued from September 5, 2023).
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
th
3 Regular Meeting September 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, September 11, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERThis meeting will be called to order in honor of September 11 , 2001 (9/11).SPECIAL ORDERS OF THE DAY (Item 1: 5:30 ‐ 5:40 PM, Item 2: 5:40 ‐ 5:50 PM)1.Presentation from Sibling Cities on the Palo Alto‐Bloomington Sibling City PartnershipAA1.Interview for the Architectural Review Board (Continued from September 5, 2023).AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:50 ‐ 6:05 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:05 ‐ 6:10 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (6:10 ‐ 6:15 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.3.Approval of Minutes from August 21, 2023 Meeting4.Approval of Construction Contract Number C24188528 with Cratus, Inc. in the AmountNot‐to‐Exceed $6,956,400 for the Water Main Replacement Project 29, CapitalImprovement Program Project WS‐15002; and Authorization for the City Manager toNegotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $695,640. CEQAstatus – exempt under CEQA Guideline Sections 15301 and 15302.5.Approve Participation in the GoGreen Home Energy Financing Program as Recommendedby the Utilities Advisory Commission in an Amount Not‐to‐Exceed $300,000 over a Termof up to Two Years, Authorizing the Execution of a Memorandum of Agreement with theCalifornia Alternative Energy and Advanced Transportation Financing Authority; andApprove a FY 2024 Budget Amendment in the Gas Fund; CEQA Status: Not a project.6.Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Betweenthe City of Palo Alto and County of Santa Clara to Authorize up to Two County Cliniciansto be Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice andMental Health Collaboration Program for Three Years at $183,000 per Year (Not toexceed $549,000); CEQA status ‐ not a project.7.Approve and authorize the City Manager or designee to execute a three‐year FundingAgreement with the Palo Alto Transportation Management Association (TMA), providing$200,000 in funding for FY24. CEQA status – not a project.8.Approval to appoint the Chair of the Expanded Community Advisory Panel (XCAP) as anEx Officio (non‐voting) member on the Rail Committee; CEQA status ‐ not a project.9.Accept the Human Relation Commission’s Recommended Contingency Plan for theDistribution of $200,000 in Additional Funding for the FY2024‐25 Human ServicesResource Allocation Process Recipients; CEQA status – not a project.CITY MANAGER COMMENTS (6:15 ‐ 6:30 PM)BREAK (6:30 ‐ 6:45 PM)STUDY SESSION (6:45 ‐ 7:45 PM To Be Heard Out of Order)2.Prescreening for proposed rezoning of 3265 El Camino Real to Planned Home Zone (PHZ)ACTION ITEMS (Item 10: 7:45 ‐ 9:15 PM, Item 11: 9:15 ‐ 10:15 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.10.Approve the Revised Permanent Parklet Program Regulations; Provide Feedback onIncentives for Electric Heating on Parklets; and Adopt Legislation Creating an OngoingParklet Program, Creating Related Fees and Penalties, and Continuing Parklets inCertain Areas of University Avenue Downtown and the California Avenue Area. CEQAStatus – Categorically Exempt (Sections 15301 and 15304(e)).11.Receive the Human Relation Commission’s Recommendations on the Evaluation andCelebration of Additional Dates to Advance Race & Equity, Including Through CityRecognition and City Paid Holidays and Provide Direction to Staff on Further Actions.CEQA status – not a project.ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action
during this meeting’s agenda.
12.FY 2023 Significant Gifts and Donations to the City
13.Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 2 of CY 2023)
14.Biannual Reports of Contracts Awarded by the City Manager, Procurement Officer or
Other Designated Employees
OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee September 12, 2023 CANCELED
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1.Interview for the Architectural Review Board (Continued from September 5, 2023).
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
th
4 Regular Meeting September 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, September 11, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERThis meeting will be called to order in honor of September 11 , 2001 (9/11).SPECIAL ORDERS OF THE DAY (Item 1: 5:30 ‐ 5:40 PM, Item 2: 5:40 ‐ 5:50 PM)1.Presentation from Sibling Cities on the Palo Alto‐Bloomington Sibling City PartnershipAA1.Interview for the Architectural Review Board (Continued from September 5, 2023).AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:50 ‐ 6:05 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:05 ‐ 6:10 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (6:10 ‐ 6:15 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.3.Approval of Minutes from August 21, 2023 Meeting4.Approval of Construction Contract Number C24188528 with Cratus, Inc. in the AmountNot‐to‐Exceed $6,956,400 for the Water Main Replacement Project 29, CapitalImprovement Program Project WS‐15002; and Authorization for the City Manager toNegotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $695,640. CEQAstatus – exempt under CEQA Guideline Sections 15301 and 15302.5.Approve Participation in the GoGreen Home Energy Financing Program as Recommendedby the Utilities Advisory Commission in an Amount Not‐to‐Exceed $300,000 over a Termof up to Two Years, Authorizing the Execution of a Memorandum of Agreement with theCalifornia Alternative Energy and Advanced Transportation Financing Authority; andApprove a FY 2024 Budget Amendment in the Gas Fund; CEQA Status: Not a project.6.Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Betweenthe City of Palo Alto and County of Santa Clara to Authorize up to Two County Cliniciansto be Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice andMental Health Collaboration Program for Three Years at $183,000 per Year (Not toexceed $549,000); CEQA status ‐ not a project.7.Approve and authorize the City Manager or designee to execute a three‐year FundingAgreement with the Palo Alto Transportation Management Association (TMA), providing$200,000 in funding for FY24. CEQA status – not a project.8.Approval to appoint the Chair of the Expanded Community Advisory Panel (XCAP) as anEx Officio (non‐voting) member on the Rail Committee; CEQA status ‐ not a project.9.Accept the Human Relation Commission’s Recommended Contingency Plan for theDistribution of $200,000 in Additional Funding for the FY2024‐25 Human ServicesResource Allocation Process Recipients; CEQA status – not a project.CITY MANAGER COMMENTS (6:15 ‐ 6:30 PM)BREAK (6:30 ‐ 6:45 PM)STUDY SESSION (6:45 ‐ 7:45 PM To Be Heard Out of Order)2.Prescreening for proposed rezoning of 3265 El Camino Real to Planned Home Zone (PHZ)ACTION ITEMS (Item 10: 7:45 ‐ 9:15 PM, Item 11: 9:15 ‐ 10:15 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.10.Approve the Revised Permanent Parklet Program Regulations; Provide Feedback onIncentives for Electric Heating on Parklets; and Adopt Legislation Creating an OngoingParklet Program, Creating Related Fees and Penalties, and Continuing Parklets inCertain Areas of University Avenue Downtown and the California Avenue Area. CEQAStatus – Categorically Exempt (Sections 15301 and 15304(e)).11.Receive the Human Relation Commission’s Recommendations on the Evaluation andCelebration of Additional Dates to Advance Race & Equity, Including Through CityRecognition and City Paid Holidays and Provide Direction to Staff on Further Actions.CEQA status – not a project.ADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.12.FY 2023 Significant Gifts and Donations to the City13.Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 2 of CY 2023)14.Biannual Reports of Contracts Awarded by the City Manager, Procurement Officer orOther Designated EmployeesOTHER INFORMATIONStanding Committee Meetings this week Policy & Services Committee September 12, 2023 CANCELEDPublic Comment LettersSchedule of MeetingsAMENDED AGENDA ITEMSAA1.Interview for the Architectural Review Board (Continued from September 5, 2023).
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
th
5 Regular Meeting September 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
City Council
Staff Report
Report Type: SPECIAL ORDER OF THE DAY
Lead Department: City Manager
Meeting Date: September 11, 2023
Report #:2308-1967
TITLE
Presentation from Sibling Cities on the Palo Alto-Bloomington Sibling City Partnership
BACKGROUND
Sibling Cities will provide an overview of their progress in the past year. This information was
shared in a previous informational report on August 21, 2023.1
1 August 21, 2023 City Council Meeting, Item AA1 Information Item: Palo Alto and Bloomington, Indiana Sibling
Cities Annual Report for 2022 and Upcoming Events:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13014
Item 1
Item 1 Staff Report
Item 1: Staff Report Pg. 1 Packet Pg. 6 of 193
City Council
Staff Report
From: City Manager
Report Type: STUDY SESSION
Lead Department: Planning and Development Services
Meeting Date: September 11, 2023
Report #:2306-1665
TITLE
Prescreening for proposed rezoning of 3265 El Camino Real to Planned Home Zone (PHZ)
RECOMMENDATION
Staff recommends that Council conduct a prescreening and provide comments regarding the
consideration of a conceptual proposal to rezone the subject parcel from CS to planned
community (PC) zoning, also referred to as planned home zoning. No formal Council action may
be taken during a preliminary review, and comments provided during a prescreening are not
binding on the City or the applicant.
EXECUTIVE SUMMARY
The applicant proposes a 44-unit affordable housing development on a vacant lot at 3265 El
Camino Real and seeks exceptions to the Zoning Code through the Planned Home Zoning (PHZ)
process. Council’s feedback is requested, particularly on the project’s deviations from the
Zoning Code development standards for the Commercial Service (CS) zoning district.
In accordance with Palo Alto Municipal Code (PAMC) Section 18.79.030(A), a prescreening
review is required for legislative changes, including re-zonings, prior to submittal of a formal
application. Prescreenings are intended to solicit early feedback on proposed projects and, like
all study sessions, cannot result in any formal action.
BACKGROUND
The subject site is vacant and was previously the pool area for the hotel at the adjacent 3255 El
Camino Real property. In 2018, a planning entitlement was approved for a mixed-use building
with three residential units and 275 sf of floor area for a commercial mixed-use tenant. The
prior entitlement has expired, and the proposal is no longer moving forward. The prior project
approval ensured the protection of the existing Valley Oak, while the proposed project includes
its removal.
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Project Description
1. For the purposes of affordable housing, the California Department of Housing and
Community Development (HCD) has calculated a “low income” in Santa Clara County to be
$96,000 for a one-person household, to $137,100 for a family of four2.
ANALYSIS
1 Palo Alto Unified School District Salary Schedule, https://www.pausd.org/careers/salary-schedules
2 HCD 2023 State Income Limits, https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/income-
limits-2023.pdf
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Item 2: Staff Report Pg. 2 Packet Pg. 8 of 193
housing near transit centers, higher density multi-family housing may be allowed in
specific locations.
This project’s location on El Camino allows higher density multi-family in compliance with the
Comprehensive Plan. This address is not currently listed as a Housing Inventory Site in the
Housing Element.
Zoning Compliance
Attachment B identifies where the proposed project deviates from the typical CS Zoning
Development Standards, and also compares it to the AH Development Standards for projects
using the Affordable Housing Incentive Program. The primary development standards proposed
to be different are the project height and floor area ratio (FAR). The proposed height is
approximately 8.5 ft taller than what is typically allowed, and the proposed FAR is 3.5:1 when
the CS zone allows 0.6:1 and the AH standards allow 2.0:1. Additionally, the proposed roof deck
includes more than 60% of the useable open space, and most units do not have any private
open space.
Design Standards
A formal application would go through a more detailed review of the project’s compliance with
the Objective Design Standards (PAMC 18.24) or the City’s Context Based Design Standards. At
a high level, the project does not comply with the following standards:
•Ground-floor residential uses shall have a minimum of 60% landscaped area in the
required setback area.
•A six-foot step-back is required for the upper floors (3+) on the side adjacent to single
story development
•The portion of the building that is more than 20 feet taller than the average height of
the adjacent buildings is subject to a daylight plane measured 45 degrees at 25 feet
•Private open spaces are required to have a minimum dimension of 6 feet to count
towards open space requirements.
As anticipated with the PHZ process, the applicant would likely seek to deviate from these and
potentially other objective standards in order to meet the affordable housing obligation and
achieve a higher density housing project.
Draft NVCAP Compliance
The Draft North Ventura Coordinated Area Plan (NVCAP, May 2023) designates this area for
high-density residential use but requires ground-floor retail area. This project does not propose
ground-floor retail and no existing retail is present on the site today. The Draft NVCAP would
require a five-foot front setback, and this project proposes a four-foot minimum setback, that is
at least five feet at some points along the façade. The overall sidewalk width would be 12 feet
Item 2
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and would meet a long-standing provision for development along El Camino Real. The Draft
NVCAP would allow a height of 55 feet for this site; the proposed concept plan anticipates a
height of approximately 59 feet.
Affordability, Compliance with PHZ
Table 1: Affordability Matrix
Income Level Area Median
Income
Weighted
Value
% of Actual
Units
Weighted %
Below
Market
Rate Units
Workforce
Housing
Total
Parking and Circulation
3 prevents cities from requiring parking for projects within a half-mile of a high-quality
transit corridor or train station. However, the site is located approximately one mile from the
3 Government Code Section (§) 65863.2 implemented Assembly Bill 2097 signed into law in September 2022
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California Avenue CalTrain station, so this State law is not applicable. Forty-four (44) bike
parking spaces are proposed on the ground floor in a shared storage room, in addition to ten
on-site shared electric scooters.
Roof Deck
Existing Tree
Waste Pick-Up
FISCAL/RESOURCE IMPACT
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Item 2 Staff Report
Item 2: Staff Report Pg. 5 Packet Pg. 11 of 193
POLICY IMPLICATIONS
Overall, the applicant asks for several exceptions to the base district zoning standards in
exchange for proposing a housing project that will meet a minimum of 20% affordable units
required by the Council for PHZ projects. This project is seeking a PHZ approval at a time when
other projects with lesser affordability have asserted that the ”builder’s remedy,” under the
Housing Accountability Act obviates the need for such rezoning. While there are unresolved
legal questions surrouding the applicability of the “builder‘s remedy“ following the City‘s
adoption of a Housing Element on May 8, 2023, the applicant‘s decision to utilize the City‘s PHZ
process is notable.
Following the prescreening review, the applicant will have an opportunity to file a formal
application. If filed, the PHZ process would require a hearing before the Planning and
Transportation Commission, followed by a hearing(s) with the Architetural Review Board,
retuning to the PTC and then back to Council to consider the legislative change to rezone the
property and adopt a parcel specific ordinance.
This prescreening is a preliminary review process in which Councilmembers may provide
comment, but no formal action will be taken. Therefore, no review under the California
Environmental Quality Act (CEQA) is required at this time. A formal review under CEQA would
be initiated with the formal filing of a rezoning application.
This property is in the COE Plume Area. An Initial Study and Mitigated Negative Declaration
were prepared for the prior development, but this project scope is substantially different and
will require new environmental review.
Attachment A: Location Map
Attachment B: Zoning Comparison Table
Attachment C: Applicant's Project Description Letter
Attachment D: Project Plans
:
Jonathan Lait, Planning and Development Services Director
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Item 2
Attachment A - Location
Map
Item 2: Staff Report Pg. 7 Packet Pg. 13 of 193
ATTACHMENT B
3265 El Camino Real, 23PLN-00105
The PHZ Special Requirements (18.38.150) do not apply because the site is not within 150 ft of
residential zoning district or use
Regulation Required CS
Development Standard
AH Development
Standard
Proposed
Minimum Site Area, width
and depth
No minimum size or
dimensions
No minimum size or
dimensions
7,492 sf
Minimum Front Yard 0-10 ft to create an 8-12 ft
effective sidewalk width (8)
0-10 ft to create an 8-12 ft
effective sidewalk width (8)
4 ft, 12 ft effective
sidewalk
Rear Yard 10 ft 10 ft 0 ft
Interior Side Yard None None Varies, 0-5 ft
Build-to-Lines 50% of frontage built to
setback (1)
50% of frontage built to
setback (1)
Complies
Max. Site Coverage 50% (3,746 sf)None 87% (6,525 sf)
Max. Building Height 50 feet
Add’l 15 ft for equipment
50 feet
Add’l 15 ft for equipment
58 ft 6 in. to parapet
69 ft to elevator overrun
Max. Floor Area Ratio
(FAR)
0.6:1 (4,495 sf) for 100%
residential sites on El
Camino Real
2.0 for 100% affordable
housing
3.5:1 (26,365 sf )
Residential Density (4)No max on El Camino Real No max 256 units per acre
44 total
Min. Ground Floor
Commercial FAR (10)
Does not apply for sites
on El Camino Real
None required None proposed
Daylight Plane for lot lines
abutting one or more
residential zone districts
other than an RM-40 or
PC Zone
None, does not abut
residential
None, does not abut
residential
None, does not abut
residential
Minimum
Landscape/Open Space
Coverage
30% (2,247.6 sf) (2)
Max 1,348.6 sf rooftop
garden
20% (1498.4 sf), may
include rooftop garden
35.6% (2,674 sf)
1,750 sf rooftop garden
Minimum Useable Open
Space (Private and/or
Common)
150 sf per unit (2)50 sf per unit 40 sf per unit
(1) Twenty-five-foot driveway access permitted regardless of frontage.
(2) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located
on the ground (but rooftop gardens are not included as open space except as provided below); (3) minimum private open space
dimension six feet; and (4) minimum common open space dimension twelve feet.
For CN and CS sites on El Camino Real and CC(2) sites that do not abut a single- or two-family residential use or zoning district,
rooftop gardens may qualify as usable open space and may count as up to 60% of the required usable open space for the residential
component of a project. In order to qualify as usable open space, the rooftop garden shall meet the requirements set forth in
Section 18.40.230.
(4) For CN sites on El Camino Real, height may increase to a maximum of 40 feet and the FAR may increase to a maximum of 1.0:1
(0.5:1 for nonresidential, 0.5:1 for residential).
Item 2
Attachment B - Zoning
Compliance Table
Item 2: Staff Report Pg. 8 Packet Pg. 14 of 193
(8) A 12-foot sidewalk width is required along El Camino Real frontage.
Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading)
for Multiple Family Use
Type Required Standard Required AH Proposed
Vehicle Parking 1 per studio or 1-
bedroom unit (44 spaces)
.75 per unit of any size
(33 spaces)
2 ADA spaces
20 stacker spaces
24 spaces total
Bicycle Parking 1 per unit (44 spaces),
100% - LT
1 per unit (44 spaces),
100% - LT
44 LT
Loading Space None for less than 50
units
None for less than 50
units
None provided
Item 2
Attachment B - Zoning
Compliance Table
Item 2: Staff Report Pg. 9 Packet Pg. 15 of 193
TRACHTENBERG ARCHITECTS
2 4 2 1 F o u r t h S t r e e t B e r k e l e y , C A 9 4 7 1 0
p h o n e : 5 1 0 . 6 4 9 . 1 4 1 4
w w w . T r a c h t e n b e r g A r c h . c o m
April 20, 2023
Planning Division
City of Palo Alto
250 Hamilton Ave, 5th Floor
Palo Alto, CA 94301
Project Description for 3265 El Camino Real
This 100% affordable new multi-family housing project consists of a 5-story development with 44
dwelling units and ground level lobby and parking. First priority for all vacancies will be given to the
teacher members of the Palo Alto Educator Association (PAEA) through an existing partnership and
agreement. This project would provide a quality infill development on an empty and underutilized site,
which is located on a major arterial street, El Camino Real, with close proximity to restaurants, shops,
and transit located along both California Avenue and El Camino Real. It would also contribute much
needed new housing to the city’s stock. The site is in a transitional zone between residential
neighborhoods and commercial development - importantly, more than 500' distance to the nearest
residentially zoned parcel. The project scale and housing use are appropriate for the site in this
transitional zone, and the design of the project establishes an urban infill development appropriate for
El Camino Real frontage. The contemporary residential design includes many windows with classic
materials and palette.
This application is submitted under the City's Planned Home Zoning (PHZ) process that motivates
developers to offer community benefits in the form of minimum 20% affordable housing in exchange
for exceptional entitlements granted by the City that would otherwise make the project
economically nonviable. The project proposes to maximize community benefit at 100% affordability
targeted for our critically important teacher community. We welcome feedback on the project's
massing, land use of the site, and any other aspects of the project.
If you have any questions or comments, please feel free to contact me at (510) 649-1414 x124.
Sincerely,
Isaiah Stackhouse, Principal
TRACHTENBERG ARCHITECTS
Item 2
Attachment C -
Applicant's Project
Description Letter
Item 2: Staff Report Pg. 10 Packet Pg. 16 of 193
If you need assistance reviewing the above documents, please contact the Project Planner or call the Planner-on-Duty at
650-617-3117 or email planner@cityofpaloalto.org
Project Plans
In order to reduce paper consumption, a limited number of hard copy project plans are provided to
Council members for their review. The same plans are available to the public, at all hours of the day,
via the following online resources.
Directions to review Project plans and environmental documents online:
1. Go to: bit.ly/PApendingprojects
2. Scroll down to find “3265 El Camino” and click the address link
3. On this project-specific webpage you will find a link to the project plans and other important
information
Direct Link to Project Webpage:
https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Current-Planning/Projects/3265-
El-Camino
Item 2
Attachment D - Project
Plans
Item 2: Staff Report Pg. 11 Packet Pg. 17 of 193
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 11, 2023
Report #:2308-1948
TITLE
Approval of Minutes from August 21, 2023 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: August 21, 2023 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
Item 3
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CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 3
Regular Meeting
August 21, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual
teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker
Present Remotely:
Absent:
Closed Session
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section
54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley
Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada,
Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase,
Exchange, and/or Lease Price and Terms of Payment
MOTION: Council Member Burt moved, seconded by Vice Mayor Stone to not go into Closed
Session and direct staff to bring Item back to Council in open session in a Public Hearing.
MOTION PASSED: 7-0
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 6.
MOTION: Vice Mayor Stone moved, seconded by Mayor Kou to approve Agenda Item Numbers
2-6.
MOTION PASSED ITEMS 2-5: 7-0
MOTION PASSED ITEM 6: 6-1, Tanaka no
2. Approval of Minutes from August 7, 2023 Meeting
3. Approval of an Extraterritorial Utility Service and Offsite Infrastructure Agreement
between City of Palo Alto and City of Mountain View in relation to Palo Alto Homekey
Item 3
Attachment A - August
21, 2023 Draft Action
Minutes
Item 3: Staff Report Pg. 2 Packet Pg. 19 of 193
DRAFT ACTION MINUTES
Page 2 of 3
City Council Meeting
Draft Action Minutes: 08/21/2023
project at 1237 San Antonio Road for connection to City of Mountain View Water and
Sewer Utility Services.
4. Approval of Contract C24187741A with Vance Brown, Inc., not to exceed $370,881, for
Repair of the Lytton Plaza Fountain and Approval of a Budget Amendment in the Capital
Improvement Fund (2/3 vote required); CEQA status - Categorically exempt per regulation
15301 (existing facilities).
5. Approval of Office of City Auditor FY2024 Task Orders; CEQA Status - Not a project
6. SECOND READING: Adoption of an Ordinance 5592 Amending Section 9.68.010 (Purpose)
and Section 9.68.040 (Just Cause Evictions Required) in Palo Alto Municipal Code Chapter
9.68, Rental Housing Stabilization, to Reduce the Minimum Time Period Required for
Renters to Qualify for Just Cause Eviction Protections. CEQA status—exempt under CEQA
Guidelines Section 15061(b)(3). (FIRST READING: August 7, 2023 PASSED 6-1, Tanaka no)
City Manager Comments
Ed Shikada, City Manager
Action Items
7. Staff Recommends that Council Direct Staff to Explore Purchase of Property Contiguous
to the Regional Water Quality Control Plant (RWQCP) to Meet Current and Future Needs
of the RWQCP
MOTION: Council Member Lauing moved, seconded by Council Member Burt to direct staff to:
1. Explore the purchase of property contiguous to the Regional Water Quality Control Plant
(RWQCP) to meet current and future space needs and if purchase not available, explore
long-term lease options as secondary;
2. Explore funding options to enable purchase of one or more of the three properties
contiguous to the RWQCP; and
3. Return to Council with recommendations for purchase of property contiguous to the
RWQCP and to report on the stormwater infiltration and potential use of the 5-acres of
the Measure E site.
MOTION PASSED: 7-0
Item 3
Attachment A - August
21, 2023 Draft Action
Minutes
Item 3: Staff Report Pg. 3 Packet Pg. 20 of 193
DRAFT ACTION MINUTES
Page 3 of 3
City Council Meeting
Draft Action Minutes: 08/21/2023
Adjournment: The meeting was adjourned at 7:05 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the City’s
website.
Item 3
Attachment A - August
21, 2023 Draft Action
Minutes
Item 3: Staff Report Pg. 4 Packet Pg. 21 of 193
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: September 11, 2023
Staff Report: 2307-1741
TITLE
Approval of Construction Contract Number C24188528 with Cratus, Inc. in the Amount Not-to-
Exceed $6,956,400 for the Water Main Replacement Project 29, Capital Improvement Program
Project WS-15002; and Authorization for the City Manager to Negotiate and Execute Change
Orders up to a Not-to-Exceed Amount of $695,640. CEQA status – exempt under CEQA Guideline
Sections 15301 and 15302.
RECOMMENDATION
Staff recommends that the City Council:
1) Approve and authorize the City Manager or designee to execute the construction contract
with Cratus, Inc., C241885281, in the amount not to exceed $6,956,400 for construction
work for the Water Main Replacement, Capital Improvement Program Project WS-15002;
and
2) Authorize the City Manager or designee to negotiate and execute one or more change
orders to the above construction contract with Cratus, Inc., for related additional but
unforeseen work which may develop during the project, the total value of which shall
not exceed $695,640.
BACKGROUND
Water Main Replacement Project 29 (WMR 29 Project) (WS-15002) is part of the Council
approved capital improvement program (CIP) designed to ensure reliable water service for the
City of Palo Alto residents and customers.
In 2015, the City of Palo Alto Utilities (CPAU) Department completed a master plan water study
to evaluate City’s existing potable water distribution system. The 2015 Master Plan had utilized
a series of analysis that have specified a water pipelines replacement strategy based on various
prioritization factors. CPAU had implemented the pipe replacement strategy, defined in the 2015
1 Construction Contract C24188528 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/reports/city-manager-reports-cmrs/attachments/09-11-2023-id-2307-1741-c24188528-wmr29.pdf
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Master Plan, and developed a Water Main Replacement Program (WMRP). The implementation
of WMRP is executed through recurring annual Water Main Replacement (WMR) projects that
are part of City’s overall CIP for water distribution system.
DISCUSSION
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traffic within Caltrans right of way. A Caltrans encroachment permit will be required with a Traffic
Control Plan to be approved by Caltrans.
Bid Name/Number
Water Main Replacement Project 29, CIP WS-15002,
IFB Number 188528
Proposed Length of Project
Number of Bids Mailed to Contractors
Number of Bid Notices Emailed to
Contractors and Builder’s Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at
Pre-Bid Meeting
Number of Bids Received:
Bid Price Range
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pricing is binding pricing provided for optional work which the City may at its discretion require,
as further specified in Section 24 of Part 7 Special Provisions, depending on conditions that may
arise post-award. The use of supplemental unit pricing is intended to avoid cost increases and
delays later on. If the City determines the supplemental work is needed, the City will use
supplemental unit prices as the basis for any required change orders or field orders, up to the
maximum contingency amount authorized here.
The contingency amount of $695,640, which equals to 10% of the total contract amount, is
requested for additional work that may be needed during the project. Additional work is possible
with construction projects because during construction there may be previously unknown
obstructions or ground conditions that require changes in how construction will proceed, leading
to change orders that may create additional costs. A contingency fund is necessary to address
unforeseen conditions and to prevent significant delays in the project, which could otherwise
result in longer road closures and disruptions. Any unspent contingency funds are returned to
reserves at the end of the project.
The CPAU staff confirmed with the State of California, Department of Consumer Affairs,
Contractor's State License Board that Cratus, Inc. has an active and appropriate contractor’s
license for performing the work. Staff checked references provided by Cratus, Inc. for previous
work performed and received positive feedback from other agencies. Staff also confirmed that
Cratus, Inc. is registered and in good standing with the Department of Industrial Relations (DIR).
In addition, Cratus, Inc. has contracted with the City on other Utilities CIP projects, including
recent Phase 3 Cross Bore Inspection of Sewer Laterals and Sanitary Sewer Replacement Project
30, and has demonstrated the knowledge and ability needed to complete this project (WMR 29)
on schedule and within budget.
RESOURCE IMPACT
Budget Appropriation
Funds for the construction cost of $6,956,400 and the contingency amount of $695,640 are
available in the FY 2024 Adopted Capital Budget for the WMR Project 29 under capital project
WS-15002. Construction management and trench cut fees are internal City costs that are also
budgeted in WS-15002. Funding for the full amount of the estimated costs below has been
appropriated in WS-15002 for completion of this project.
Summary of Project Costs for Water Main Replacement Project 29 (WS-15002)
Actual to Date: Design and Pre-Construction Cost $190,000
Soil Compaction Testing Cost for WMR 29 $12,000
Remaining Pre-Construction Cost $40,000
Construction Costs $6,956,400
10% Contingency $695,640
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Construction Management (Includes Engineering & Inspection staff Time)$480,000
Estimated Trench Cut Fees for the project $540,000
Total Project Costs $8,914,040
The size of this project significantly exceeds the City’s in-house construction resources making it
necessary to contract out the work.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing City policies including the Council
approved 2018 Utilities Strategic Plan-Strategic Objectives, Priority 4 - Strategy 1 “Establish a
proactive infrastructure replacement program, based on planned replacement before failure to
support reliability and resiliency.” Facing an evolving utility business environment, aging
infrastructure needs, and sustainability objectives, CPAU must maintain a competitive position in
the market. Remaining financially sustainable and competitive in the market while optimizing our
resources is key to maintaining and enhancing our value to City of Palo Alto residents and
customers.
STAKEHOLDER ENGAGEMENT
The City will provide written notification to all affected property occupants by mail prior to the
start of construction. The Contractor will also provide two written notifications of the work to all
abutting property occupants, one at least 15 days prior to the commencement of work at their
specific locations, and a second 24 hours prior to mobilization. The construction work will
generally be performed from 8:00 AM to 5:00 PM, Monday through Friday. However, to minimize
disruptions during construction, work in California Business District will be performed between
9:00 AM and 4:00 PM Monday through Friday. In order to comply with Caltrans requirements,
work on or requiring traffic control on El Camino Real will be performed between 9:00 AM and
3:00 PM Monday through Friday. As part of the planning and design process, the CPAU staff
coordinated this project with other City Departments to minimize interference with construction
work performed within project area by other contractors.
ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environmental Quality Act (CEQA) pursuant
to CEQA Guidelines 15301 (repair, maintenance of existing facilities) and 15302 (replacement or
reconstruction of existing facilities).
ATTACHMENTS
Attachment A: Project Area Map
Attachment B: Bid Summary
APPROVED BY:
Dean Batchelor, Director Utilities. Staff: Matt Zucca, Assistant Director WGW Utilities; Silvia
Santos, WGW Engineering Manager
Item 4
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Item 4: Staff Report Pg. 5 Packet Pg. 26 of 193
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Project Area
PARK BLVD (NORTH AND SOUTH), COLLEGE AVE, AND
BIRCH STREET (NORTH AND SOUTH), PEERS PARK, AND
CALIFORNIA AVE
PAGE 1 OF 1
Item 4
Attachment A - Project
Area Map
Item 4: Staff Report Pg. 6 Packet Pg. 27 of 193
Attachment B
Bid Date: 6/30/2323 Projec Title: Water Main Replacement Project 29
IFB# 188528 CIP# WS-15002
Item Quantity Unit Description Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
No.Price ($) Price ($) Price ($) Price ($) Price ($) Price ($) Price ($) Price ($) Price ($) Price ($)
SECTION A: BASE BID
1 100 LF Install 6" HDPE pipe by HDD or open cut method $350.00 $35,000.00 $625.00 $62,500.00 $500.00 $50,000.00 $680.00 $68,000.00 $485.45 $48,545.00
2 5,200 LF Install 8" HDPE pipe by HDD or open cut method $410.00 $2,132,000.00 $525.00 $2,730,000.00 $510.00 $2,652,000.00 $700.00 $3,640,000.00 $493.13 $2,564,276.00
3 100 LF Install 10" HDPE pipe by HDD or open cut method $550.00 $55,000.00 $675.00 $67,500.00 $520.00 $52,000.00 $720.00 $72,000.00 $710.20 $71,020.00
4 2,600 LF Install 12" HDPE pipe by HDD or open cut method $610.00 $1,586,000.00 $725.00 $1,885,000.00 $588.00 $1,528,800.00 $750.00 $1,950,000.00 $710.20 $1,846,520.00
5 88 Each
Install 2” HDPE service to 5/8” or 1” meter by HDD or open cut method
and install meter box. $6,000.00 $528,000.00 $6,000.00 $528,000.00 $4,500.00 $396,000.00 $6,500.00 $572,000.00 $8,175.00 $719,400.00
6 36 Each
Install 2” HDPE service to 1-1/2” or 2” meter by HDD or open cut method
and install meter box.$7,000.00 $252,000.00 $6,000.00 $216,000.00 $4,700.00 $169,200.00 $6,500.00 $234,000.00 $8,300.00 $298,800.00
7 8 Each Reconnect existing 2” water service to new water main.$3,600.00 $28,800.00 $3,000.00 $24,000.00 $1,900.00 $15,200.00 $5,000.00 $40,000.00 $4,500.00 $36,000.00
8 17 Each
Install new fire hydrant assembly by HDD or open cut method,
abandon/remove existing fire hydrant assembly.$18,500.00 $314,500.00 $10,000.00 $170,000.00 $16,000.00 $272,000.00 $20,000.00 $340,000.00 $23,745.00 $403,665.00
9 7 Each
Install 6” HDPE fire/domestic service and connect to existing fire service
pipe at property line.$17,500.00 $122,500.00 $15,000.00 $105,000.00 $7,000.00 $49,000.00 $1,000.00 $70,000.00 $18,500.00 $129,500.00
10 3 Each
Install 8” HDPE fire/domestic service and connect to existing fire service
pipe at property line.$18,700.00 $56,100.00 $16,000.00 $48,000.00 $9,000.00 $27,000.00 $12,000.00 $36,000.00 $20,475.00 $61,425.00
11 10 Each Reconnect existing fire 6” or 8” fire service to new main. $6,000.00 $60,000.00 $6,000.00 $60,000.00 $6,000.00 $60,000.00 $5,000.00 $50,000.00 $18,500.00 $185,000.00
12 3 Each
Install 10” HDPE fire/domestic service and connect to existing fire service
pipe at property line.$19,000.00 $57,000.00 $15,000.00 $45,000.00 $12,000.00 $36,000.00 $16,000.00 $48,000.00 $21,500.00 $64,500.00
13 1 Each
Install 12” HDPE fire/domestic service and connect to existing fire service
pipe at property line.$21,000.00 $21,000.00 $20,000.00 $20,000.00 $6,000.00 $16,000.00 $18,000.00 $18,000.00 $22,400.00 $22,400.00
14 1 Each Abandon existing 1" copper water service .$200.00 $200.00 $15,000.00 $15,000.00 $500.00 $500.00 $6,000.00 $6,000.00 $4,500.00 $4,500.00
15 15 Each Perform 6" water main tie-in/abandonment. $9,100.00 $136,500.00 $15,000.00 $225,000.00 $12,000.00 $180,000.00 $8,000.00 $120,000.00 $20,075.00 $301,125.00
16 5 Each Perform 8" water main tie-in/abandonment. $10,100.00 $50,500.00 $1,000.00 $5,000.00 $14,000.00 $70,000.00 $9,000.00 $45,000.00 $21,000.00 $105,000.00
17 3 Each Perform 10" water main tie-in/abandonment. $11,000.00 $33,000.00 $8,000.00 $24,000.00 $15,000.00 $45,000.00 $12,000.00 $36,000.00 $21,500.00 $64,500.00
18 2 Each Perform 12" water main tie-in/abandonment. $12,000.00 $24,000.00 $9,000.00 $18,000.00 $22,000.00 $44,000.00 $14,000.00 $28,000.00 $29,675.00 $59,350.00
19 1 Each Install 6” line stop.$11,000.00 $11,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $7,720.00 $7,720.00 $17,900.00 $17,900.00
20 1 Each Install 8” line stop.$13,000.00 $13,000.00 $18,000.00 $18,000.00 $23,000.00 $23,000.00 $14,998.00 $14,998.00 $25,640.00 $25,640.00
21 2 Each Install 12” line stop.$16,000.00 $32,000.00 $20,000.00 $40,000.00 $24,000.00 $48,000.00 $15,886.00 $31,772.00 $30,350.00 $60,700.00
22 40 Each Install 8" gate valve.$2,500.00 $100,000.00 $6,000.00 $240,000.00 $4,500.00 $180,000.00 $3,000.00 $120,000.00 $4,650.00 $186,000.00
23 2 Each Install 10" gate valve.$3,500.00 $7,000.00 $8,000.00 $16,000.00 $4,900.00 $9,800.00 $4,500.00 $9,000.00 $6,570.00 $13,140.00
24 16 Each Install 12" gate valve.$5,500.00 $88,000.00 $10,000.00 $160,000.00 $9,000.00 $144,000.00 $6,000.00 $96,000.00 $8,500.00 $136,000.00
25 3 Each Install 6" insta-valve.$10,000.00 $30,000.00 $12,000.00 $36,000.00 $11,000.00 $33,000.00 $10,815.00 $32,445.00 $19,800.00 $59,400.00
26 1 Each Install 8" insta-valve.$11,500.00 $11,500.00 $14,000.00 $14,000.00 $12,000.00 $12,000.00 $11,537.00 $11,537.00 $21,050.00 $21,050.00
27 80 Each Exchange 5/8” or 1” meter $550.00 $44,000.00 $300.00 $24,000.00 $500.00 $40,000.00 $125.00 $10,000.00 $820.00 $65,600.00
28 21 Each Exchange 1-1/2” or 2” meter.$650.00 $13,650.00 $400.00 $8,400.00 $700.00 $14,700.00 $125.00 $2,625.00 $1,350.00 $28,350.00
28A 4 Each Paint street curb in red for newly installed fire hydrants $500.00 $2,000.00 $1,000.00 $4,000.00 $500.00 $2,000.00 $100.00 $400.00 $500.00 $2,000.00
29 1 Lump Sum Perform GPS Survey for the entire project. $40,000.00 $40,000.00 $70,000.00 $70,000.00 $50,000.00 $50,000.00 $45,503.00 $45,503.00 $113,525.00 $113,525.00
29A 1 Lump Sum Perform Peers Park coupling removal $20,000.00 $20,000.00 $12,000.00 $12,000.00 $2,000.00 $2,000.00 $20,000.00 $20,000.00 $75,225.00 $75,225.00
29B 1 Lump Sum Perform El Camino Real and California Ave valve replacement $100,000.00 $100,000.00 $50,000.00 $50,000.00 $30,000.00 $30,000.00 $25,000.00 $25,000.00 $161,025.00 $161,025.00
Subtotal of Section A: Base Bid (Items 1 through 29 only, with all applicable taxes included)$6,004,250.00 $6,956,400.00 $6,267,200.00 $7,800,000.00 $7,951,081.00
SECTION B: SUPLEMENTAL UNIT PRICE
30 5,000 Linear Feet Install sheeting, shoring and bracing.$4.50 $22,500.00 $2.00 $10,000.00 $2.00 $10,000.00 $10.00 $50,000.00 $6.00 $30,000.00
31 5,000 Cubic Yard Recycle asphalt containing Petro Mat.$70.00 $350,000.00 $5.00 $25,000.00 $2.00 $10,000.00 $14.00 $70,000.00 $24.00 $120,000.00
32 5,000 Linear Feet Perform removal of existing ACP water main. $55.00 $275,000.00 $5.00 $25,000.00 $5.00 $25,000.00 $15.00 $75,000.00 $75.00 $375,000.00
33 10 Each Perform removal of existing tee or cross at tie-in location $1,500.00 $15,000.00 $2,000.00 $20,000.00 $3,000.00 $30,000.00 $1,000.00 $10,000.00 $1,900.00 $19,000.00
34 10 Each Install 2” temporary blow-off/sample station. $2,000.00 $20,000.00 $1,000.00 $10,000.00 $3,000.00 $30,000.00 $6,000.00 $60,000.00 $2,200.00 $22,000.00
35 10 Each Install 1” air/vacuum valve combo.$11,000.00 $110,000.00 $1,000.00 $10,000.00 $2,500.00 $25,000.00 $9,000.00 $90,000.00 $12,300.00 $123,000.00
36 10 Each Install 2” air/vacuum valve combo.$9,100.00 $91,000.00 $1,000.00 $10,000.00 $3,500.00 $35,000.00 $10,000.00 $100,000.00 $13,750.00 $137,500.00
37 300 Linear Feet Install 8" DI pipe by open cut method $550.00 $165,000.00 $500.00 $150,000.00 $685.00 $205,500.00 $700.00 $210,000.00 $530.40 $159,120.00
38 300 Linear Feet Install 12" DI pipe by open cut method $700.00 $210,000.00 $550.00 $165,000.00 $790.00 $237,000.00 $750.00 $225,000.00 $774.30 $232,290.00
39 10 Each Install and remove 10" line stop stem. $11,000.00 $110,000.00 $3,000.00 $30,000.00 $500.00 $5,000.00 $8,698.00 $86,980.00 $8,000.00 $80,000.00
40 10 Each Reconnect existing fire service (up to 6”) at new HDPE main.$4,500.00 $45,000.00 $3,000.00 $30,000.00 $4,000.00 $40,000.00 $5,600.00 $56,000.00 $16,500.00 $165,000.00
41 10 Each Replace existing meter box with new Armorcast 11"x21"x12" box
assembly.
$2,600.00 $26,000.00 $500.00 $5,000.00 $800.00 $8,000.00 $400.00 $4,000.00 $1,200.00 $12,000.00
42 10 Each Replace existing meter box with new Armorcast 17"x30"x12" box
assembly.
$2,800.00 $28,000.00 $600.00 $6,000.00 $1,000.00 $10,000.00 $600.00 $6,000.00 $1,700.00 $17,000.00
43 10 Each Replace existing meter box with new Armorcast 24"x36"x12" box
assembly.
$3,300.00 $33,000.00 $700.00 $7,000.00 $1,000.00 $10,000.00 $1,200.00 $12,000.00 $2,125.00 $21,250.00
44 10 Each Replace existing meter box with new Armorcast 30”x48”x18” box
assembly.
$4,100.00 $41,000.00 $1,000.00 $10,000.00 $1,400.00 $14,000.00 $2,000.00 $20,000.00 $2,500.00 $35,000.00
45 10 Each Install 4" residential bollard $1,100.00 $11,000.00 $100.00 $1,000.00 $1,000.00 $10,000.00 $50.00 $500.00 $750.00 $7,500.00
46 10 Each Install 4" commerical bollard $1,200.00 $12,000.00 $200.00 $2,000.00 $1,000.00 $10,000.00 $50.00 $500.00 $850.00 $8,500.00
47 5,000 Square Feet Install additional concrete pavement.$18.00 $90,000.00 $6.00 $30,000.00 $5.00 $25,000.00 $16.00 $80,000.00 $24.00 $120,000.00
48 5,000 Square Feet Install additional asphalt concrete pavement. $10.00 $50,000.00 $6.00 $30,000.00 $3.00 $15,000.00 $10.00 $50,000.00 $16.00 $80,000.00
49 5,000 Linear Feet Install additional curb.$65.00 $325,000.00 $10.00 $50,000.00 $5.00 $25,000.00 $25.00 $125,000.00 $40.00 $200,000.00
50 5,000 Linear Feet Install additional gutter.$65.00 $325,000.00 $10.00 $50,000.00 $5.00 $25,000.00 $25.00 $125,000.00 $40.00 $200,000.00
51 5,000 Linear Feet Install additional sidewalk.$45.00 $225,000.00 $10.00 $50,000.00 $5.00 $25,000.00 $8.00 $40,000.00 $35.00 $175,000.00
52 5,000 Inch/SF Install additional pavement (thickness). $3.00 $15,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $6.00 $30,000.00 $3.20 $16,000.00
53 5,000 Inch/SF Sawcut additional pavement (thickness). $0.80 $4,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $2.50 $12,500.00
54 5,000 Linear Feet Perform additional sawcutting.$3.30 $16,500.00 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $7.00 $35,000.00
55 5,000 Square Feet Install slurry seal.$1.00 $5,000.00 $1.00 $5,000.00 $2.00 $10,000.00 $5.40 $27,000.00 $5.25 $26,250.00
56 50 Each Abandon existing valve.$100.00 $5,000.00 $100.00 $5,000.00 $200.00 $10,000.00 $250.00 $12,500.00 $850.00 $42,500.00
57 50 Each Remove unused meter box.$350.00 $17,500.00 $100.00 $5,000.00 $100.00 $5,000.00 $100.00 $5,000.00 $650.00 $32,500.00
58 50 Each Additional pothole. $950.00 $47,500.00 $750.00 $37,500.00 $300.00 $15,000.00 $300.00 $15,000.00 $1,200.00 $60,000.00
59 10 Each Remove and reinstall monuments.$3,000.00 $30,000.00 $1,500.00 $15,000.00 $800.00 $8,000.00 $2,200.00 $22,000.00 $2,500.00 $25,000.00
60 10 Ton Disposal of excavated soils at Class 1 landfill. $250.00 $2,500.00 $200.00 $2,000.00 $150.00 $1,500.00 $1,000.00 $10,000.00 $700.00 $7,000.00
61 10 Ton Disposal of excavated soils at Class 2 landfill. $220.00 $2,200.00 $100.00 $1,000.00 $100.00 $1,000.00 $500.00 $5,000.00 $600.00 $6,000.00
62 10 Each Install 6" line stop $10,000.00 $100,000.00 $5,000.00 $50,000.00 $8,000.00 $80,000.00 $5,790.00 $57,900.00 $17,900.00 $179,000.00
63 10 Each Install 8" line stop $11,500.00 $115,000.00 $5,500.00 $55,000.00 $9,000.00 $90,000.00 $6,392.00 $63,920.00 $22,500.00 $225,000.00
64 10 Each Install 10" line stop $13,000.00 $130,000.00 $6,000.00 $60,000.00 $15,000.00 $150,000.00 $11,248.00 $112,480.00 $25,640.00 $256,400.00
65 10 Each Install 12" line stop $14,500.00 $145,000.00 $6,500.00 $65,000.00 $16,000.00 $160,000.00 $11,915.00 $119,150.00 $30,350.00 $303,500.00
66 10 Each Install 6" insta-valve $10,000.00 $100,000.00 $5,000.00 $50,000.00 $11,000.00 $110,000.00 $811.00 $81,110.00 $19,800.00 $198,000.00
67 10 Each Install 8" insta-valve $11,500.00 $115,000.00 $5,500.00 $55,000.00 $12,000.00 $120,000.00 $8,653.00 $86,530.00 $21,050.00 $210,500.00
68 10 Each Install 10" insta-valve $13,000.00 $130,000.00 $6,000.00 $60,000.00 $17,000.00 $170,000.00 $16,986.00 $169,860.00 $27,950.00 $279,500.00
69 10 Each Install 12" insta-valve $14,500.00 $145,000.00 $6,500.00 $65,000.00 $19,000.00 $190,000.00 $12,740.00 $127,400.00 $33,500.00 $335,000.00
70 10 Each
Install 4” HDPE service to 2” meter by HDD or open cut method and install
meter box $14,000.00 $140,000.00 $6,000.00 $60,000.00 $4,000.00 $40,000.00 $11,000.00 $110,000.00 $9,200.00 $92,000.00
71 10 Each Install new fire hydrant assembly and remove existing fire hydrant
assembly.
$18,500.00 $185,000.00 $5,000.00 $50,000.00 $15,000.00 $150,000.00 $17,750.00 $177,500.00 $29,850.00 $298,500.00
72 50 Each Abandon existing water service $200.00 $10,000.00 $100.00 $5,000.00 $200.00 $10,000.00 $1,000.00 $50,000.00 $4,500.00 $225,000.00
73 10 Each Install new 2" HDPE service to meter manifold $8,600.00 $86,000.00 $1,500.00 $15,000.00 $2,500.00 $25,000.00 $8,000.00 $80,000.00 $9,200.00 $92,000.00
74 10 Each Install new 4" HDPE service to meter manifold $14,000.00 $140,000.00 $2,500.00 $25,000.00 $4,000.00 $40,000.00 $9,000.00 $90,000.00 $9,700.00 $97,000.00
75 10 Each Relocate existing water meter $1,050.00 $10,500.00 $300.00 $3,000.00 $1,000.00 $10,000.00 $500.00 $5,000.00 $5,000.00 $50,000.00
76 10 Each
Utility crossing for new 8" water main with greater than 3.5' of cover and
less than 6' of cover to top of pipe. $5,000.00 $50,000.00 $100.00 $1,000.00 $400.00 $4,000.00 $1,000.00 $10,000.00 $3,000.00 $30,000.00
77 10 Each
Utility crossing for new 8" water main with greater than 6' of cover and less
than 9' of cover to top of pipe. $10,000.00 $100,000.00 $100.00 $1,000.00 $500.00 $5,000.00 $1,200.00 $12,000.00 $7,000.00 $70,000.00
78 10 Each
Utility crossing for new12" water main with greater than 4.5' of cover and
less than 7' of cover to top of pipe. $8,000.00 $80,000.00 $100.00 $1,000.00 $1,000.00 $10,000.00 $1,500.00 $15,000.00 $12,000.00 $120,000.00
79 10 Each
Utility crossing for new12" water main with greater than 7' of cover and
less than 9' of cover to top of pipe. $15,000.00 $150,000.00 $100.00 $1,000.00 $1,200.00 $12,000.00 $1,600.00 $16,000.00 $16,000.00 $160,000.00
80 100 Cubic Feet Installation of controlled density fill (CDF)$18.00 $1,800.00 $200.00 $20,000.00 $20.00 $2,000.00 $180.00 $18,000.00 $35.00 $3,500.00
81 10 Each Paint street curb for new or relocated fire hydrant $1,000.00 $10,000.00 $200.00 $2,000.00 $100.00 $1,000.00 $267.00 $2,670.00 $500.00 $5,000.00
82 10 Each Remove red paint form street curb for relcoated fire hydrant $1,000.00 $10,000.00 $200.00 $2,000.00 $100.00 $1,000.00 $100.00 $1,000.00 $750.00 $7,500.00
Subtotal of Section B: Suplemental Unit Prices (Items 30 through 82 only, with all applicable taxes included)$4,678,000.00 $1,457,500.00 $2,275,000.00 $3,038,000.00 $5,839,310.00
Grand Total: Base Bid and Suplemental Unit Prices (Items 1 through 82, with all applicable taxes included)$10,682,250.00 $8,413,900.00 $8,542,200.00 $10,838,000.00 $13,790,391.00
BID SUMMARY Engineer's Estimate Cratus, Inc. Ranger Pipelines, Inc. K.J. Woods Construction, Inc. Daleo, Inc.
Item 4
Attachment B - Bid
Summary
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: September 11, 2023
Staff Report: 2212-0475
TITLE
Approve Participation in the GoGreen Home Energy Financing Program as Recommended by
the Utilities Advisory Commission in an Amount Not-to-Exceed $300,000 over a Term of up to
Two Years, Authorizing the Execution of a Memorandum of Agreement with the California
Alternative Energy and Advanced Transportation Financing Authority; and Approve a FY 2024
Budget Amendment in the Gas Fund; CEQA Status: Not a project.
RECOMMENDATION
Staff and the Utilities Advisory Commission recommend that the City Council:
1. Authorize the City Manager or their designee to execute a memorandum of agreement
(MOA) with the California Alternative Energy and Advanced Transportation Financing
Authority (CAEATFA) to provide credit enhancements for Palo Alto Residential Customer
Home Energy Efficiency and Electrification Project Loans facilitated by CAEATFA’s GoGreen
Home Energy Financing Program (GoGreen Program) in amount not-to-exceed $300,000 over
a term of up to two years, and approve the use of the City’s Cap and Trade Reserve funds to
cover the cost of the City’s Participation in the GoGreen Program; and
2. Amend the Fiscal Year 2024 Budget Appropriation for the Gas Fund (requires 2/3 approval)
by:
a. Increasing the Gas Fund Operating Budget for contractual services by $300,000; and
b. Decreasing the Gas Cap and Trade Reserve by $300,000.
EXECUTIVE SUMMARY
To meet Palo Alto’s ambitious greenhouse gas reduction goals, residents will need to implement
energy efficiency and electrification projects at their homes. These projects may need thousands
of dollars in capital expenditures. The GoGreen Home Program1 is a long-standing State-run
1 https://gogreenfinancing.com/residential
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financing program that partners with participating financing companies (PFCs) to provide
consumer financing for these types of projects at competitive interest rates (4% to 8% for PFCs
operating in Santa Clara County2, with the program average interest rate to-date being about
5%3). Loans of up to $50,000 can be made for a variety of project types4, with no up-front
payment. Many contractors are registered with the program5 and GoGreen strives to make the
program easy for new contractors to join.
BACKGROUND
2 Current participating financing companies operating in Santa Clara county are Matadors Community Credit Union
(Lending Terms: https://www.treasurer.ca.gov/caeatfa/cheef/reel/resources/lender-profiles/MCU-lender-
profile.pdf) and California Coast Credit Union (Lending Terms:
https://www.treasurer.ca.gov/caeatfa/cheef/reel/resources/lender-profiles/CCCU-lender-profile.pdf).
3 Program data available at https://www.treasurer.ca.gov/caeatfa/cheef/monthlyreel/2023/202303.pdf
4 Eligible Energy Efficiency Measures include: appliances (including electrified appliances such as heat pumps),
building envelope, demand response, HVAC, lighting, pool products, water heating.
https://gogreenfinancing.com/residentialcontractors/about#tab-9
5 https://gogreenfinancing.com/contractorfinder
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The benefits to residential homeowners participating in the Program include:
•No lien on property (unsecured consumer loan)
•Available to borrowers with a wide range of credit scores and incomes
•Loans of up to $50,000 per unit receiving upgrades
•Finance 100% of the project cost, including required related upgrades (e.g. electrical
upgrades)
•Up to 30% of loan amount can be used toward non-energy improvements (e.g. home
remodels, drought tolerant landscaping)
•No prepayment penalties
•Currently no closing costs or origination fees (may change in the future)
•No contractor fees (lenders often charge contractors thousands of dollars to finance
projects)
•Below-market interest rates and extended payback periods (due to credit enhancement
provided to lender)
•Broad list of energy efficiency measures to choose from6; can be layered with utility
incentives
ANALYSIS
6 Eligible Energy Efficiency Measures include: Appliances, building envelope, demand response, HVAC, lighting,
pool products, water heating.
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funding contributions, which would support approximately $1 million in loans. This amount is
expected to support around 60 loans, assuming loan sizes in Palo Alto match the statewide
average (about $17,000 per loan). Staff is recommending 2-year estimated budget of $140,000
to cover administrative cost and a NTE total budget of $300,000 to cover both administrative and
credit enhancement funding, with the entire amount be made available in year 1.
7, recommended a contract
not-to-exceed limit of $300,000 for the two-year term of the MOA.
Table 1: Contract Terms
7 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/utilities-advisory-
commission/archived-agenda-and-minutes/agendas-and-minutes-2023/07-jul-2023/packet.pdf
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performance. However, GoGreen Home loans have had a low default rate historically. Of 3,102
loans that have been enrolled since 2016, loss reserve claims have been made on 43 loans. From
a credit enhancement funds perspective, this has resulted in a loss reserve expenditure rate of
about 4.4% of all invested loss reserve funds ($382,224 of loss reserve funds spent, after
recoveries, of $8.68M in total available loss reserve funds)8. When compared to the total amount
loaned (about $55 million) the loss rate is approximately 1%.
9. This would
protect utility rate payer funds and the City’s General Fund from any program cost impacts.
10. In the current climate of economic uncertainty and
high interest rates, GoGreen Home’s relatively low interest rates may be compelling for
interested Palo Altans.
8 https://www.treasurer.ca.gov/caeatfa/cheef/monthlyreel/2023/202303.pdf
9 Staff Report#14606, 9/27/2022, Attachment E.
10 March 2023 Data Summary; All Reports
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Process to Select Contractor, Apply for Loan & Pay for the Home Improvement Project
SUMMARY OF UTILITIES ADVSIORY COMMISSION (UAC) DISCUSSION ON JULY 5, 2023
FISCAL/RESOURCE IMPACT
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Gas Cap and Trade program is approximately $2 million to $7 million depending on market prices
for Cap and Trade Program allowances.
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
POLICY IMPLICATIONS
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ATTACHMENTS
Attachment A: Memorandum of Agreement (MOA) between CAEATFA and Palo Alto
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Shiva Swaminathan, Senior Resource Planner
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1 6056767
Memorandum of Agreement (MOA) between California
Alternative Energy and Advanced Transportation
Financing Authority and City of Palo Alto
Agreement to Facilitate Access for City of Palo Alto Utility Customers to the GoGreen Home Energy
Financing Program Administered by CAEATFA
1. INTRODUCTION
This Memorandum of Agreement (“MOA” or “Agreement”) dated ___________, 2023, is entered into by
California Alternative Energy and Advanced Transportation Financing Authority (“CAEATFA”), a public
instrumentality of the State of California created pursuant to Division 16 (commencing with Section
26000) of the California Public Resources Code, and the City of Palo Alto, a California chartered
municipal corporation (“CITY”). CAEATFA and CITY are sometimes referred to in this Agreement
individually as a “Party” and together as the “Parties.”
RECITALS
i. In November 2016, the Palo Alto City Council approved the Sustainability Climate Action Plan
(“S/CAP”) to lower the greenhouse gas emissions of the Palo Alto community; in December
2017, the City Council accepted the Sustainability Implementation Plan that identified energy
efficiency and building decarbonization as key actions the community needs to undertake to
achieve the community’s goal of reducing Greenhouse Gasses (“GHGs”) by 80% below 1990
levels by 2030.
ii. The CITY has identified financing for residents to undertake home energy upgrades to lower
their energy consumption and GHG footprint as critical to achieve the community’s GHG
reduction goals.
iii. The CITY has identified that the GoGreen Home Energy Financing Program (“GoGreen Home” or
“Program”) offered by CAEATFA for California residents undertaking energy upgrade projects,
through which Credit Enhancements are provided to Participating Finance Companies (“PFCs”)
to improve loan terms for borrowers, is beneficial to Palo Alto residents.
iv. GoGreen Home provides PFCs with a Credit Enhancement in the form of a Loss Reserve which
allows the PFCs to directly offer borrowers improved financing products with benefits such as
broadened credit approvals, reduced interest rates, extended term lengths, and/or access to
larger amounts to borrow.
v. CAEATFA has been authorized since 2013 by the California Public Utilities Commission (“CPUC”)
through Decisions including D.13-09-044 and D.17-03-026 to administer the California Hub for
Energy Efficiency Financing (“CHEEF”) which runs the GoGreen Financing programs, including
Item 5
Attachment A -
Memorandum of
Agreement (MOA)
between CAEATFA and
Palo Alto
Item 5: Staff Report Pg. 9 Packet Pg. 37 of 193
2 6056767
GoGreen Home. The CHEEF and GoGreen Financing programs have historically utilized Public
Purpose Program (“PPP”) funds of ratepayers of Investor-Owned Utilities (“IOUs”).
vi. Through its rulemaking authority, CAEATFA issues regulations which govern the GoGreen
Financing programs, including rules for participation by PFCs, contractors, and customers.
GoGreen Home is the longest-running of the programs and has served over 3,500 residential
borrowers with $64 million loans as of June 30, 2023.
vii. The PPP IOU ratepayer funds are limited to supporting Eligible Loans for IOU customers. CITY
residents receive gas and electric utility service from the CITY and thus are POU, not IOU,
customers. Since 2019, CAEATFA has advocated to expand the CHEEF to be able to offer the
GoGreen Financing programs statewide in line with California’s EE and GHG reduction goals, and
to support program simplicity and uptake for contractors and PFCs through uniformity of rules
across utility jurisdictions.
viii. On August 5, 2021, the CPUC issued D.21-08-006 Decision Extending California Hub for Energy
Efficiency Financing Programs and Conditionally Approving Use of Platform for Non-Ratepayer
Funded Programs. This Decision allows for CAEATFA to incorporate non-PPP IOU ratepayer
funds to expand the reach of the GoGreen Financing programs by expanding access to non-IOU
customers, provided that the costs of expanded access come from corresponding non-IOU
ratepayer funds.
ix. CITY wishes to join GoGreen Home to provide Palo Alto residents and City of Palo Alto Utility
(“CPAU”) customers with access to attractive financing products to support home energy
upgrades. Since Palo Alto residents and CPAU customers are non-IOU customers, CITY wishes to
provide funding to CAEATFA to expand access of GoGreen Home to them, as required by D.21-
08-006.
x. This MOA will allow GoGreen Home to serve more utility customers in the state and facilitate
CITY and state’s mutual goals of energy efficiency, decarbonization, and GHG reduction. It will
also facilitate CAEATFA’s goal of program simplification across utility jurisdictional lines in the
state.
This Agreement between CAEATFA and CITY will offer CPAU customers a pathway to energy efficiency
and decarbonization through access to attractive financing products not available outside the GoGreen
Home program. The Agreement will enable CAEATFA to offer GoGreen Home under uniform terms more
thoroughly in Santa Clara County, allowing for desired simplification for contractors and PFCs.
CAEATFA and CITY commit to working together to extend GoGreen Home, as established under the
Program Regulations that govern GoGreen Home and which may be modified by CAEATFA under its
rulemaking authority from time-to-time during the Term of this MOA, to CPAU customers.
Implementation tasks to enable CPAU customers access to the Program include: establishing budgets,
providing funding to CAEATFA to fund Credit Enhancements for PFCs, funding CAEATFA’s administrative
expenses, establishing invoicing procedures, coordinating on operations, and publicizing the Program to
CPAU customers. Specific activities and commitments are outlined in Exhibit 1.
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Attachment A -
Memorandum of
Agreement (MOA)
between CAEATFA and
Palo Alto
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NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this
Amendment, the Parties agree:
2. DEFINITIONS
Administrative Funds: Funds provided by CITY for CAEATFA to expand and administer the GoGreen
Home Program to CITY utility customers. They include costs incurred by CAEATFA for Start-
up/Development costs, Ongoing Fixed costs, and Ongoing Variable (per-loan) costs as detailed in Exhibit
2. They do not include the Credit Enhancement Funds.
California Public Utilities Commission (“CPUC” or “Commission”): The California state regulatory
agency that is responsible for regulating privately owned electric, natural gas, telecommunications,
water, railroad, rail transit, and passenger transportation companies.
City of Palo Alto Holding Account (“Holding Account”): An account set up as described in Section 3 for
the purpose of CITY providing Credit Enhancement funds for CAEATFA to utilize for GoGreen Home and
to return funds to CITY.
City of Palo Alto Program CE Account (“Program Account”): An account set up as described in Section 3
for the purpose of allocating contributions to the Loss Reserve Accounts of Participating Finance
Companies (PFCs) as the PFCs enroll Eligible Loans into GoGreen Home.
Credit Enhancement (“CE”) Funds: Funds provided by CITY for CAEATFA to allocate as a type of
insurance that helps PFCs mitigate the risk that Eligible Loans will not be repaid in full. GoGreen Home
utilizes a form of Credit Enhancement called a Loss Reserve for this purpose.
Eligible Loans: Loans or other eligible financial agreements, made by a Participating Finance Company to
customers receiving gas or electric utility service from the CITY which are otherwise eligible for
enrollment in GoGreen Home per the Program Regulations.
GoGreen Home Energy Financing Program (“GoGreen Home” or “Program”): Program designed to help
California homeowners and renters access affordable financing for energy efficiency products and
retrofits as codified in Title 4, Division 13, Article 5, of the California Code of Regulations.
Investor-Owned Utilities (“IOUs”): Southern California Edison (“SCE”), San Diego Gas and Electric
(“SDG&E”), Pacific Gas and Electric (“PG&E”), and The Southern California Gas Company (“SoCalGas”).
Loss Reserve (“LR”) Accounts: Accounts set up for PFCs to hold Credit Enhancement contributions as the
PFCs enroll Eligible Loans in the Program, against which the PFC can file claims in the case of a borrower
default.
Personal Information: As defined in the Information Practices Act of 1977, Personal Information means
“any information that is maintained by an agency that identifies or describes an individual, including, but
not limited to, his or her name, social security number, physical description, home address, home
telephone number, education, financial matters, and medical or employment history. It includes
statements made by, or attributed to, the individual.”
Participating Finance Company (“PFC”): Finance companies approved by CAEATFA for participation in
GoGreen Home to provide Eligible Loans.
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Memorandum of
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Program Regulations: California Code of Regulations Title 4. Business Regulations Division 13. California
Alternative Energy and Advanced Transportation Financing Authority Article 5. GoGreen Home Energy
Financing Program
Provider: Third party product and service providers contracted to support operation of the CHEEF
programs (including but not limited to: Contractor Manager, Master Servicer, Statewide Marketing
Implementer, etc.)
Publicly Owned Utilities (“POUs”): In California, municipal or community-managed Load Serving
Entities.
3. CITY FUNDING OF ADMINSTRATIVE AND CREDIT ENHANCEMENT COST UNDER THE MOA
CITY will provide CAEATFA with funding to support the administration of the GoGreen Home Program
(Administration Funds) and Credit Enhancements for Eligible Loans to CPAU customers (Credit
Enhancement Funds). The total budget for Administrative Funds under this Agreement is estimated at
One Hundred and Forty Thousand Dollars ($140,000). The total budget for Credit Enhancement Funds is
estimated at One Hundred and Sixty Thousand Dollars ($160,000). The total funding under this MOA
shall not exceed Three Hundred Thousand Dollars ($300,000) over the two-year term of the Agreement.
CAEATFA may access unused Administrative Funds for Credit Enhancements if Program demand exceeds
estimates, so long as the total MOA funding does not exceed $300,000.
The Parties have agreed to a cost allocation methodology by which CAEATFA will allocate costs to CITY.
The methodology will be is consistent with CPUC Decision D.21-08-006 and is detailed in Exhibit 2.
Should the agreed upon budget for either Administrative Funds or Credit Enhancement Funds be fully
utilized, and should CAEATFA not have another source of non-PPP ratepayer funds available to support
Eligible Loans for CPAU customers, CAEATFA will cease enrolling Eligible Loans for CPAU customers in
accordance with CPUC Decision D.21-08-006, until this MOA is amended and the CITY can secure
additional funding. To the extent permitted by the Program Regulations and governing CPUC Decisions,
CAEATFA will also cease performing additional administrative work detailed in Table 2Bi of Exhibit 2,
including reporting obligations to CITY further detailed in Section 4 and Exhibit 4, and will take all
reasonable steps so as not to incur any expenses for which payment would result in a total exceeding
the maximum amount of compensation set forth herein.
3.1 Funding of Administrative Costs
CAEATFA will use Administrative Funds to cover administrative costs which include: Start-
up/Development Costs to expand GoGreen Home to Palo Alto and CPAU customers as detailed in Table
2A of Exhibit 2, Ongoing Fixed Costs as detailed in Table 2Bi of Exhibit 2, and Variable (per loan) Costs as
detailed in Table 2Bii of Exhibit 2.
3.2 Monthly Invoicing & Payment
(i) Beginning the end of the first month following the date of execution and each month thereafter
during the Term, within sixty (60) calendar days after the end of each month, CAEATFA shall submit to
CITY an invoice for its actual Administrative Costs incurred in the prior month.
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(ii) CITY will pay each monthly invoice no later than forty five (45) calendar days after receiving the
monthly invoice.
3.3 Funding of Credit Enhancement Cost, CE Funding Requests, Establishment and
Management of Trustee Accounts
3.3.1 Funding of Credit Enhancement Cost
CAEATFA will use Credit Enhancement Funds to make contributions to PFCs’ LR Accounts, in accordance
with Program Regulations, for Eligible Loans to CPAU customers that enroll in the Program. Credit
Enhancement Funds will be allocated to PFC LR Accounts only as Eligible Loans enroll in the Program and
will be recaptured as Eligible Loans are paid off, per Program Regulations. In the event of a customer
default, Credit Enhancement Funds that have been allocated to PFCs’ LR Accounts may be expended to
pay an approved claim to a PFC, in accordance with Program Regulations. Tables 3 and 4 of Exhibit 2
further detail the management of Credit Enhancement Funds.
The Holding Account, Program Account, and LR Accounts for each PFC are trustee accounts established
and maintained by CAEATFA’s trustee bank in accordance with the Program Regulations, to hold Credit
Enhancement Funds. The Holding Account and Program Account hold unencumbered funds. The LR
Accounts hold encumbered funds for the benefit of the PFCs, per Program Regulations.
3.3.2 Establishment and Operation of Trustee Accounts, and Funding
Requests
City of Palo Alto Holding Account. CAEATFA shall establish a Holding Account with its contracted trustee
bank for GoGreen Home to hold CITY funds to be used for Credit Enhancements. This account will hold
unencumbered funds separately from any PPP IOU ratepayer or any other sources of funds. CAEATFA
shall use the Holding Account solely:
(i) to receive Credit Enhancement Funds provided by CITY in accordance with this Agreement, and
(ii) to hold funds due to be returned to the City of Palo Alto.
City of Palo Alto Program CE Account. CAEATFA shall also establish a Program Account with the
contracted trustee bank for GoGreen Home from which Credit Enhancements will be transferred to PFC
LR Accounts in accordance with the Program Regulations. This account will also hold unencumbered
funds separately from any PPP IOU ratepayer or any other sources of funds. The Program Account shall
be used:
(i) to transfer Credit Enhancement Funds to PFC LR Accounts for enrollment of Eligible Loans made
to CPAU customers in accordance with Program Regulations and Exhibit 2, and
(ii) to recapture funds as part of the annual rebalance of PFCs’ LR Accounts, per the Program
Regulations.
CAEATFA will draw on the Holding Account only to fund the Program Account. CAEATFA will draw from
the Program Account only as required to provide Credit Enhancements for Eligible Loans in accordance
with the Program Regulations and Cost Allocation Methodology detailed in Exhibit 2.
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CE Funding Requests. After initial seed funding of $50,000 to the Holding Account, CAEATFA shall direct
CE Funds requests to CITY in increments of a maximum of $100,000.00, depending on real or anticipated
need to fund the Program Account.
Upon receiving a request for CE Funds from CAEATFA, CITY will approve and disburse the requested
funding to CAEATFA within fourteen (14) calendar days.
Interest. CAEATFA shall use commercially reasonable efforts to cause the Holding Account and Program
Account to be interest-bearing accounts that accrue interest in U.S. dollars, and such interest will be re-
deployed as loss reserve contributions to PFCs.
Account Information. CAEATFA shall direct its Trustee to provide the CITY with electronic access to the
Holding and Program Accounts and to monthly statements reflecting account activity.
3.3.3 Return of Uncommitted Funds from Trustee Accounts
Uncommitted Funds are Credit Enhancement Funds provided by the CITY, and held in the Holding
Account, or in the Program Account that have not been allocated to a PFC’s LR Account, or that have
already been recaptured from PFC’s LR Accounts.
Upon termination of this MOA,
(i) CAEATFA shall return Uncommitted Funds to CITY within thirty (30) calendar days, except as
specified below, unless the Parties agree to extend the Agreement, and
(ii) As Eligible Loans pay off and CAEATFA performs periodic rebalance and recapture of funds from
PFCs’ LR Accounts back to the Program Account, per the Program Regulations and per Table 3 in
Exhibit 2, CAEATFA shall return those funds not less than annually to CITY.
However, should the CITY decide to terminate this MOA ahead of the Term, within fourteen (14)
calendar days after receiving written notice from CITY, CAEATFA shall perform necessary
communications with GoGreen Home PFCs and contractors, and all other Program contributors to
terminate deal flow for Eligible Loans that would require funding from CITY. Within one hundred twenty
(120) calendar days of receiving notice, CAEATFA shall return all Uncommitted Funds from the Program
Account and Holding Account to CITY. The return of funds from PFCs LR Account will be processed
annually until all outstanding loans to CPAU customers are paid-off by CPAU customers or charged off by
the PFCs.
4. DATA AND REPORTING
4.1 Data Sharing
On a monthly basis, CAEATFA will provide CITY with data related to enrolled GoGreen Home Eligible
Loans for which CITY provides Administrative Funds and Credit Enhancement Funds. Specific data to be
shared are further detailed in Exhibit 4. This data is necessary for CITY to track and reconcile Variable
(per loan) costs and Credit Enhancement Funds contributed to PFCs’ LR Accounts for enrolled Eligible
Loans. It is also necessary to evaluate progress toward the City’s Sustainability Implementation Plan and
the impact of marketing and education efforts.
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Memorandum of
Agreement (MOA)
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The GoGreen Home Program Regulations include a Customer Privacy Disclosure allowing CAEATFA to
share Personal Information with CITY, as a program funder. However, CAEATFA and CITY will establish a
secure file transfer protocol for sharing project and customer data.
CITY will share with CAEATFA data on marketing and educational efforts, and data or information
related to inquiries received about financing for CAEATFA to evaluate interest in GoGreen Home and
Program performance. Specific data to be shared are further detailed in Exhibit 4.
5. TERM
This Agreement will commence on the date of execution, and unless terminated in accordance with this
Agreement, will be in effect for 2 years.
Extension. The Parties may mutually agree to extend this Agreement for three additional years, or to
amend the Agreement to adjust Program funding, in the event CPAU customer participation exceeds
estimates.
The Parties acknowledge that at such time that Eligible Loans to CPAU customers become a significant
portion of GoGreen Home activity, CAEATFA will need to adjust the Cost Allocation Methodology
detailed in Exhibit 2, in accordance with D.21-08-006. The Parties agree to re-negotiate the Budget and
Cost Allocation structure at such time. To the extent there is sufficient budget remaining in the contract
as specified in Section 3, such changes may be agreed to by amending the Exhibits, without the need to
amend the body of the MOA.
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 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.
6. WARRANTIES
6.1 CAEATFA Warranties
CAEATFA represents and warrants that:
a. Subject to appropriation, CAEATFA has full power, right, authority, and budget authorizations to
execute this Agreement and to perform its obligations hereunder, and the execution of this
Agreement has been duly and validly approved through all requisite actions on its part.
b. CAEATFA shall assure that its operations, and all agreements with PFCs and Providers, comply
with all of requirements of CPUC Decisions governing the Program, and the Program
Regulations. CAEATFA holds (and throughout the Term will hold) all necessary permits,
approvals, insurance, and licenses that are required to carry on its businesses in compliance
with applicable laws.
c. CAEATFA is not in default under any applicable law that materially and adversely affects its
business or financial condition or its performance of its obligations under this Agreement.
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d. CAEATFA will use funds contributed by CITY pursuant to this Agreement solely to carry out the
terms of this Agreement, in accordance with the terms of this Agreement, and for no other
purpose.
6.2 CITY Warranties
CITY represents and warrants to CAEATFA that:
a. It has full power, right and authority to execute this Agreement and to perform its obligations
hereunder, and the execution of this Agreement has been duly and validly approved through all
requisite actions on its part.
b. It holds (and throughout the Term will hold) all necessary permits, approvals, insurance, and
licenses that are required to carry on its businesses in compliance with applicable laws.
c. It is not in default under any applicable law that materially and adversely affects its business or
financial condition or its performance of its obligations under this Agreement.
7. DATA PROTECTION AND DATA SHARING
Each Party agrees to use a higher or the same degree of care it uses with respect to its own proprietary
or confidential information or a reasonable standard of care to prevent unauthorized use or disclosure
of the Personal Information.
CITY further acknowledges that CAEATFA as a public instrumentality is also subject to the Information
Practices Act (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the
California Civil Code) and pursuant to the Information Practices Act may be required to withhold certain
Personal Information in its possession and may also be required to provide notice to individuals prior to
releasing Personal Information as a condition of participation in the Program.
If, pursuant to this contract with CAEAFTA, CITY shares with CAEAFTA Personal Information as defined in
California Civil Code section 1798.81.5(d) about a California resident, CAEAFTA shall maintain reasonable
and appropriate security procedures to protect that Personal Information, and shall inform CITY
immediately upon learning that there has been a breach in the security of the system or in the security
of the Personal Information. CAEAFTA shall not use that Personal Information for direct marketing
purposes without CITY’s express written consent.
Each Party that receives Personal Information shall observe and comply with all applicable laws,
including, but not limited to, data privacy, data protection, and consumer privacy laws.
8. LIMITATION OF LIABILITY AND FORCE MAJEURE
a. Indemnification. To the extent permitted by law, the Parties agree that all losses or liabilities
incurred by a Party shall not be shared pro rata but, instead, the Parties agree that each Party
hereto shall fully indemnify and hold the other Party, their officers, Board members, Council
members, employees, and agents, harmless from any claim, expense or cost, damage or liability,
including that imposed for injury (as defined in Government Code Section 810.8) occurring by
reason of the negligent acts or omissions of the indemnifying Party, its officers, Board members,
Council members, employees or agents, under or in connection with or arising out of any work,
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authority or jurisdiction delegated to such Party under this Agreement. No Party, nor any officer,
Board member, Council member, employee or agent thereof shall be responsible for any damage or
liability occurring by reason of the negligent acts or omissions of the other Party hereto, their
officers, Board members, Council members, employees, or agents, under or in connection with or
arising out of any work authority or jurisdiction delegated to such other Party under this Agreement.
b. Except as provided in section 8.a. of this Agreement, in no event will any Party be liable to any other
Party for any lost profits, loss of business or other consequential, special, or indirect damages, even
if it has been advised of the possibility of such damages.
c. Force Majeure. Neither Party shall be in default in the performance of its obligations under this
Agreement to the extent that such performance is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of that Party, if Party notifies the other promptly of
its inability to perform and the circumstances preventing or delaying performance and uses
commercially reasonable efforts to re-commence performance as soon as is reasonably practicable.
9. TERMINATION
9.1 Default
a. Either Party, by written notice of default to the other Party, may declare a default of the whole or
any part of this Agreement, if such other Party has breached any of its obligations under the
Agreement.
b. Upon delivery of a notice of default, the breaching Party and non-breaching Party shall have a
reasonable amount of time, but not greater than thirty (30) calendar days, to agree on a plan for the
breaching Party to cure the default. Termination shall occur if the parties fail to agree on a plan for
the breaching Party to cure within such notice period.
9.2 Voluntary Termination
a. Either Party, by written notice to the other Party, may terminate this Agreement at any time.
b. Upon delivery of a notice of voluntary termination, each party shall have a reasonable amount of
time, but not greater than thirty (30) calendar days, to agree on a plan to terminate the Agreement,
including a termination date. The Termination Date shall be no greater than one hundred and
twenty (120) calendar days after the parties reach an agreement on a plan to terminate.
9.3 Other Reasons
This Agreement will also be terminated upon reaching the end of the Term should the Parties choose
not to extend the Agreement, upon exhaustion of Administrative or Credit Enhancement Funds, or
GoGreen Home Program termination.
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Memorandum of
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10. MISCELLANEOUS
10.1 Approval
This Agreement is of no force or effect until signed by all Parties.
10.2 Regulatory Oversight
The Parties each acknowledge and agree that this Agreement and the Program shall always be subject to
the authority and discretion of the Commission, including review and modifications, as the Commission
may direct from time to time in the exercise of its jurisdiction through the issuance of Commission
Decisions.
10.3 Governing Law and Jurisdiction
This Agreement and performance under it will be governed by and construed in accordance with the
substantive laws of the State of California and the United States of America without regard to choose of
law principles. 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.
10.4 Notices
Any notice, request, statement, demand, claim, offer or other written instrument required or permitted
to be given pursuant to this Agreement shall be in writing and shall be delivered by hand delivery, first
class United States mail, overnight courier service or electronic mail, in each case at the address or e-
mail address set forth below:
If delivered to CAEATFA,
California Alternative Energy & Advanced Transportation Financing Authority (CAEATFA)
Post Office Box 942809
Sacramento, CA 94209-0001
Attn: Executive Director
Email: caeatfa@treasurer.ca.gov
Phone: 916-651-8157
If delivered to CITY,
City of Palo Alto – City Attorney’s Office
250 Hamilton Avenue
Palo Alto, CA 94303
Attn: City Attorney’s Office
Email: city.attorney@cityofpaloalto.org
Phone: 650-329-2171
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10.5 Counterparts
This Agreement may be executed in one or more counterparts and delivered by electronic means, each
of which will be deemed to be an original, but all of which will together constitute one and the same
agreement.
10.6 Binding effect
This Agreement, any instrument or agreement executed pursuant to this Agreement, and the rights,
covenants, conditions, and obligations of the Parties are contained herein and therein, shall be binding
upon the Parties and their successors, assigns and legal representatives.
10.7 Severability
If any provision of this Agreement is held invalid by a court with jurisdiction over the Parties to this
Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original
intentions of the Parties in accordance with Applicable Law, and the remainder of this Agreement will
remain in full force and effect.
10.8 Survival
Any provision of this Agreement that contemplates or governs performance or observance after
termination or expiration of this Agreement will survive the expiration or termination of this Agreement
for any reason.
10.9 Independent Contractor; No providers
No provision of this Agreement shall be construed or represented as creating a partnership, joint
venture, or any similar relationship among the Parties, or any of them. Neither CAEATFA nor its
Providers nor the employees, agents, or representatives of any of them shall be deemed to be agents,
representatives, or employees of any other Party in connection with this Agreement. CITY does not have
the right to control, nor have any actual, potential, or other control over the methods and means by
which CAEATFA, any Provider or any of their respective agents, representatives, or employees conducts
their independent business operations.
10.10 Prevailing Wage
The Parties agree that upgrade projects completed via the GoGreen Home Program described in this
MOU are not subject to compliance with California public works requirements, including, but not limited
to payment of prevailing wage, under Labor Code section 1720(c)(5(C), as assistance provided for the
rehabilitation of single-family homes.
10.11 Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to its subject matter
and merges, integrates and supersedes all prior and contemporaneous agreements and understandings
between the Parties, whether written or oral, concerning its subject matter.
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10.12 Amendments
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed
by the parties, and approved as required. No oral understanding or Agreement not incorporated in the
Agreement is binding on any of the parties.
10.13 Construction Interpretation
The headings contained in this Agreement are for reference purposes only and do not affect in any way
the meaning or interpretation of this Agreement. When a reference is made in this Agreement to an
Article, Section, or Exhibit, such reference shall be to an Article or Section in, or Exhibit to, this
Agreement. This Agreement was the product of drafting, review, and negotiation by and among the
Parties. Each of the Parties was represented by counsel or had the opportunity to seek counsel during
negotiations. Accordingly, the Parties agree that there shall be no presumption against any Party about
any ambiguity or uncertainty in this Agreement, and no Party shall be deemed to be the draftsman of
this Agreement. Unless otherwise expressly stated “day,” “week,” “month,” and “year” mean calendar
day, week, month, and year, respectively. All references to times and days are based on Pacific Standard
Time, United States of America. When used in this Agreement, the term “including” means “including
but not limited to.” Whenever this Agreement specifically refers to any law, tariff, Governmental
Authority or other organization, the reference also refers to any successor to such law, tariff,
Governmental Authority, or other organization.
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Authorized representative signatures
CITY OF PALO ALTO
______________________
Ed Shikada
City Manager
APPROVED AS TO FORM:
____________________________
City Attorney or designee
California Alternative Energy & Advanced Transportation Financing Authority (CAEATFA)
______________________
Claudia Quezada
Executive Director
Exhibits
Exhibit 1: Scope of Work & Implementation Tasks
Exhibit 2: Cost Allocation Methodology Shared with CPUC for Expansion of GoGreen Home Program to
City of Palo Alto Customers
Exhibits 3: Budgets, Invoicing & Management of Trustee Accounts
Exhibit 4: Data Sharing
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Exhibit 1: Scope of Work & Implementation Tasks
Task A: Incorporating CPAU customer eligibility to participate in GoGreen Home
Upon execution of the MOA, CAEAFTA will diligently work towards incorporating CPAU customers into
all aspects the Program, including updating the program website, informing PFCs and the Program’s
contractor networks, and establishing a launch date after which PFCs may begin submitting loans for
enrollment in the Program.
Task B: Publicizing the Program to CPAU Customers
In coordination with Task A, CITY will publicize the Program to CPAU customers. These activities include:
• Updating CITY websites and link to Program website established by CAEATFA
• Educating and informing CITY staff and CITY contractors who provide services to CPAU customer
with information about GoGreen Home and how customers apply for loans
• Developing information for distribution at community events, bill inserts, cobranding, etc.
Publicizing financing opportunities of the Program to CPAU customers will be key to Program utilization
and the Parties commit to collaborating on marketing and outreach initially and then during the entire
Term of the Agreement.
Task C: Establishment and Management of Trustee Accounts
CAEATFA will set up a Holding Account and a Program Account for CITY, which shall be trustee accounts
established and operated by CAEATFA to hold unencumbered Credit Enhancement Funds. CAEATFA shall
also establish trustee LR Accounts that hold encumbered funds for the benefit of the PFCs, according to
Program Regulations.
Task D: On-going Activities and Operations under the MOA
Beginning the first month following the date of execution, CAEATFA will invoice CITY monthly for actual
Administrative Costs. Separately, CAEATFA will request CE Funds periodically as agreed. Once this MOA
is executed, CE Funds are provided to CAEATFA, and other necessary steps are performed, CAEATFA will
begin accepting and enrolling Eligible Loans submitted for CPAU customers according to Program
Regulations.
Additionally, upon execution of the MOA, both teams will meet on regular intervals for information
sharing.
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Exhibit 2: Cost Allocation Methodology Shared with CPUC for Expansion of GoGreen Home
Program to City of Palo Alto Customers
City of Palo Alto Customers:
Clarifications and
specifications
Categories and examples of expenses Proposed Cost Allocation Reasoning
1. Past investment
E.g. Industry research, establishment of regulations,
building website, lender and contractor recruitment, etc.
2. Ongoing operational costs to maintain programs "as-
is" (i.e. financing for IOU-fuel measures only)
E.g. Contracts, labor, operating expense and equipment
(OE&E).
3. Incremental cost to expand financing to include non-
IOU fuel measures
A. Start-up: operational changes to allow for expanded
eligibility
B. Ongoing : E.g. Inspections of electric-saving measures
in POU territory, review and processing of loan
enrollments, credit enhancement contribution for electric
measures in POU territory (Note: not an expense unless a
claim payment is made)
[mostly] not be incurred by
ratepayers if measure eligibility were not being
expanded
2A. Start-up/Development costs (examples)Proposed Cost Allocation Potential Methodology and Notes
Could be allocated by 1) actual time spent, 2) pro-
rata of monthly historical charges or 3) estimate
of hours
Billable by specific task order and invoiced hours
Allocated by invoiced hours including coordination
with CAEATFA. (Not a CAEATFA-administered
contract. SoCalGas-administered)
Determine a percentage of time for a # of FTEs for
an estimated period
Determine a percentage of time for a # of FTEs for
an estimated period
CHEEF Program expansion: Incorporation of non-ratepayer funds
Item 5
Attachment A -
Memorandum of
Agreement (MOA)
between CAEATFA and
Palo Alto
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2B. Ongoing costs (examples)Proposed Cost Allocation Potential Methodology and Notes
2Bi. Fixed Costs
Contracts
Master Servicer monthly fee IOU Ratepayers
meaning EE PPP Funds
Not an incremental expense; cost is incurred with
or without expansion
Trustee Bank monthly fee IOU Ratepayers
meaning EE PPP Funds
Not an incremental expense; cost is incurred with
or without expansion
Contractor Manager ME&O, Support, Enrollment Shared
Determine a percentage of effort and apply pro-
rata to invoiced hours or look at contractor service
territory to allocate Support and Enrollment costs
Contractor Manager monthly costs for Training and
Reporting
IOU Ratepayers
meaning EE PPP Funds
Not an incremental expense; cost is incurred with
or without expansion
Other Expenditures and Equipment
Overhead IOU Ratepayers
meaning EE PPP Funds
Not an incremental expense until expansion
requires hiring additional FTEs and more usage of
office equipment, etc.
Conferences, event sponsorships, travel
Shared
Continue to bill EE PPP Funds
because no events are actually
planned right now. Will revisit if
this changes.
Allocated by specific conference or event expenses
Labor
Program, ME&O and compliance staff
Shared
Continue to bill EE PPP Funds
because staff currently regularly
handle eligibility questions
around IOU/POU splits. Only the
actual eligibility is changing, not
the workload.
Pro-rata portion of a # of FTE(s) in each unit to
support the expanded program
Slight change from what was
revised to CPUC for TECH. This
will be a shared cost. For City of
Palo Alto, CAEATFA staff will be
getting loan questions from
lenders CAEATFA otherwise
wouldn't have gotten. Also,
experience with TECH has
shown that CAEATFA needs to
budget time for ongoing
accounting, invoicing and
reporting. Therefore CAEATFA
will bill a prorata portion of
some FTE time for this
category.
2Bii. Variable Costs
Technical consultant Fees Shared Allocated based on time billed
Transaction Expense Examples (per loan)
Loan review and enrollment (Master Servicer)
Non-IOU Ratepayer Source
meaning source outside of EE PPP
funds
Allocated based on # of loans
QA Desktop reviews (Contractor Manager)
Non-IOU Ratepayer Source
meaning source outside of EE PPP
funds
Allocated based on # of loans
QC Site-inspections (Contractor Manager)
Non-IOU Ratepayer Source
meaning source outside of EE PPP
funds
Allocated based on # of loans
Loans with only non-IOU fuel measures
Item 5
Attachment A -
Memorandum of
Agreement (MOA)
between CAEATFA and
Palo Alto
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Encumbrance/Cost Examples Proposed Cost Allocation Potential Methodology and Notes
Loss Reserve Account set-up
Loss Reserve Contributions to Lender's Accounts
(Encumbered, but not expensed funds)Shared See methodology options in Table 4 below
Claims Payments (Expenses)Shared
Paid to lenders from their Loss Reserve Account
regardless of the fuel source makeup of the
underlying measures. New loans with non-IOU
fuel measures should have similar risk to old loans
so the risk of default is proportional to the
number of loans in the portfolio. More non-IOU
fuel loans in the portfolio will mean more risk of
default, but also come with more $ in loss reserve
contribution. As older, IOU-fuel only loans are
paid off, funds are recaptured to the IOU
Program account.
Recoveries Shared
Recoveries on losses after claims will be repaid to
the lender's loss reserve account or to the
Program account(s), per Regulations.
Annual Rebalance (Recapture of encumbered funds)Shared
The original loan loss reservation will be recouped
for paid-off loans. The value of any contribution
that was paid from ratepayer LLR funds will be
returned to the ratepayer Program account and
the value that was paid from non-ratepayer
funds will be returned to the non-ratepayer
Program account.
Allocation Option Pros Cons
1. Pro-rata for each loan/project by measure fuel source.
Allocate transaction costs and loss reserve contributions
directly to measure costs. CAEATFA would use non-
ratepayer funds first, whenever available, to pay for the
pro-rata cost corresponding to the non-IOU measures. If
non-ratepayer funds aren't available, CAEATFA would
revert to rate-payer funds to allow for up to 30% of loan
to support non-IOU fuel measures. Allowed additional
related costs (e.g. landscaping) would have to be pro-rata
allocated based on overall gas versus electric
composition.
This is the methodology preferred by the CPUC per
D.21.08.006. See detail in next table.
Most "fair" method for ratepayers
or other funding source as costs
for all loans are pro-rated
specifically to measures and
corresponding fuel source. When
feasible, CAEATFA prefers this
method.
If another funding source is
available, CHEEF Programs don't
need to use the 30% allowance for
non-IOU measures.
The calculation for cost allocation is run uniquely
for each loan. CAEATFA currently collects
measure cost breakdown for REEL but not for SBF
projects.
Building envelope measures would have to be split
and allocated between fuels.
Retaining same methodology
as CPUC approved. Just
clarifying here that all per-loan
transaction costs and Credit
Enhancement costs will be paid
by City of Palo Alto because all
measures will be non-IOU fuel
measures.
2. Screen for non-IOU measures, then even split:
Any project that includes a non-IOU fuel conserving
measure will be allocated x% to ratepayer and x% to non-
ratepayer costs.
Calculations are simple as all loans
with non-IOU measures are
treated the same. This would be
easy to implement.
3. Treat all loans the same: A simple formula would be
developed and applied to all projects for properties
where the customer has a non-IOU fuel provider,
regardless of any measures. We would assume a
constant x% of costs allocated for gas and x% for
electricity.
Calculations are simple as all loans
to properties with a non-IOU fuel
provider are treated the same.
Table 4: Options for Allocating Loan Transaction Costs and Credit Enhancement Contribution for Loans with Both
IOU and non-IOU Fuel Measures
CAEATFA is presenting several options for comment and discussion.
Note that the Program currently allows 30% of the Claim-Eligible Loan Principal to support non-IOU fuel measures.
These methods are more estimated and less
precise. We could end up with an allocation of
costs that doesn't correspond to the types of
measures by fuel source that end up being
installed. For example, the non-ratepayer source
could end up subsidizing a bunch of projects
without any electric measures. Other potential
funding partners may hesitate to participate as
they would not be able to target funds toward
specific technology. Since non-IOU fuel measures
have only been offered previously in a very limited
way, there is not much history on which to base a
formula. Significant re-evaluation would be
needed.
Table 3: Credit Enhancement Management
Both ratepayer and non-ratepayer funds would be contributed to a lender's existing
single loss reserve account(s) per one or more of the methodology options below in
Table 4. Maintaining distinct loss reserve accounts for the lenders between different
sources of funds would drastically diminish the value of the loss reserve as risk
mitigation comes from having a pool of loans.
Item 5
Attachment A -
Memorandum of
Agreement (MOA)
between CAEATFA and
Palo Alto
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Exhibit 3: Budgets, Invoicing & Management of Trustee Accounts
Start-up/Development Costs $ 41,250
Ongoing Fixed Costs $ 30,000 $ 30,000
Variable (per loan) Costs $ 2,600 $ 5,200
CE to PFCs' LR Accounts - 16% of enrolled loan principal
(Funds encumbered, but not expensed. Inclusive of seed to
Holding Account) $ 52,800 $ 105,600
Item 5
Attachment A -
Memorandum of
Agreement (MOA)
between CAEATFA and
Palo Alto
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Exhibit 4: Data Sharing
Where available, CAEATFA will provide CITY with the following data related to enrolled GoGreen Home
Eligible Loans for which CITY provides Administrative Funds and Credit Enhancement Funds. CAEATFA
may further agree to share other relevant data with CITY on request, subject to other agreements and
applicable laws. CAEATFA will not report to CITY data on individual loan terms, but may on request
report aggregated and anonymized loan data.
Category Fields Purpose
Borrower
and Site
• Name
• Contact Information
• Site address
• Utility Account Number
• Number of units being upgraded
1. Match GGH borrowers with CPAU
customer projects
Measure(s) • Installed Energy Efficiency Measure
name, quantity, equipment cost, and
whether the installation resulted in fuel
substitution?
measures alongside heat pump
technology
2. Document progress toward CITY’s
electrification initiative goals
Project • Completion and Enrollment Dates
• Total Project Cost
uptake by CPAU customers
2. Reconcile Variable (per loan) Cost
spend
Participating
Contractor
• Name or DBA
• California State License Board number
1. Document participating contractors
to plan future outreach
2. Measure frequency, diversity, and
consistency of contractor
participation
For the initial two-year Term, energy savings achieved as a result of installation of Energy Efficiency
measures will be calculated according to a “deemed savings” approach, in line with CAEATFA’s
established methodologies. If the Term is extended, CAEATFA and CITY intend to revisit whether this
approach continues to serve the needs and requirements for both Parties, and will amend the data
sharing processes and requirements if necessary.
Item 5
Attachment A -
Memorandum of
Agreement (MOA)
between CAEATFA and
Palo Alto
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: September 11, 2023
Report #:2305-1410
TITLE
Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Between the City
of Palo Alto and County of Santa Clara to Authorize up to Two County Clinicians to be Deployed
on the City‘s Psychiatric Emergency Response Team (PERT) Justice and Mental Health
Collaboration Program for Three Years at $183,000 per Year (Not to exceed $549,000); CEQA
status - not a project.
RECOMMENDATION
Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Between the City
of Palo Alto and County of Santa Clara (Exhibit B) to Authorize up to Two County Clinicians to be
Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice and Mental Health
Collaboration Program for Three Years at $183,000 per Year (Not to exceed $549,000). Under
this Amendment, the City will pay for one clinician and the County will fund the second.
EXECUTIVE SUMMARY
PERT, a Police co-response model of responding to reported subjects potentially experiencing a
mental health crisis, is an established two-person in-field team of one clinician and one police
officer assigned to the Palo Alto Police Department Field Services Division (Patrol). The Police
Department is currently in the building phase of this program with the resourcing of one two-
person team. The Department goal is to deploy, minimally, a second two-person team on Patrol
for a total of two teams covering alternating shifts. This Amendment will provide for the County
to continue supplying the City with licensed clinicians. The County will fund the first clinician if
the City agrees to fund the second clinician. The Amendment strengthens other terms and
conditions around employment relationship and the City independent contractor relationship.
The funding for this agreement was approved in the last budget cycle. In the Amendment, the
City’s cost will not exceed $549,000 through June 30, 2026.
BACKGROUND
In 2019, in partnership with County of Santa Clara, the City established an alternative police
response model for attending to people experiencing behavioral health crises. The model,
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originally developed in Southern California, is being adopted as one of several strategies by
communities to provide urgent assistance to people in distress from a suspected or diagnosed
mental health disorder or substance use disorder. Beginning in 2021, the County provided a
behavioral health clinician to the City, funded with third-party grant money, and the City
temporarily diverted a police officer from patrol operations, sent the officer to specialized
training, and created and deployed the pilot program in Palo Alto.
As part of the FY 2023 Adopted Operating Budget, the City transitioned from pilot phase to an
established program when it provisioned a dedicated Police Officer to the team. The County
continued to hire, train, credential, and fund the clinician. A non-financial MOA was executed to
manage the relationship between the County and the City (Attachment A). A weekly shift cycle
for patrol is 24 hours per day, seven days per week. The original PERT team covers approximately
24% of the weekly shift cycle.
As the FY24 budget cycle was being developed, the County was not certain it could continue to
fund the clinician assigned to the original Palo Alto Police Department PERT team; the County
was receiving more requests from local agencies for the same services. Further, the Police
Department established a priority to have two teams deployed for enhanced coverage and
service to the community - up to 48% of a Patrol shift cycle. As a result of prioritizing up to two
teams (with one clinician per team), the FY 2024 Adopted Operating Budget included a transfer
of a portion of the fund balance from the Community Health and Safety funding in the Stanford
University Medical Center (SUMC) Fund.
Since the adoption of the FY 2024 Adopted Operating Budget, the County updated their
capabilities to fund the original clinician only if the City would commit to funding the second
clinician. This last condition is included in the attached Amendment. For a deeper dive into the
original legislative process to bring PERT to Palo Alto, refer to a staff report issued to the Policy
and Services Committee on March 9, 20211.
ANALYSIS
Palo Alto is one of several cities that the County of Santa Clara Behavioral Health Services division
is supporting in the PERT initiative. The Amendment (Attachment B) is updating the non-financial
MOA adopted in 2021. The main updates and additions proposed are to the terms and conditions
of timeline and extensions, scope of services, records and confidentiality, and relationships of
parties and financial requirements, including the agreement for the County to fund the original
clinician if the City funds the second clinician.
1 Policy and Services Committee 6/9/2021 Update: Santa Clara County Mental Health Initiatives
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=52009
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The County forecasts the expense of recruiting, hiring, and employing of one clinician at $183,000
per year. The first clinician supplied to Palo Alto will be at no charge. For the second clinician, the
County intends to invoice the City monthly, and the MOA is valid through June 30, 2026. Training
will be done by the County and the clinicians will remain employees of the County.
2 This award of contract in combination with the funding
already approved in the FY 2024 Adopted Budget completes this objective by moving the City
closer to its goal of having services available daily for a portion of the 24-hour operating cycle.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
2 4/10/2023 City Council Meeting: Consideration of additional 2023 Council Priority Objectives
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1109
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ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
Item 6
Item 6 Staff Report
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Page 1 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF PALO ALTO
AND
THE COUNTY OF SANTA CLARA
REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT) JUSTICE
AND MENTAL HEALTH COLLABORATION PROGRAM
The Memorandum of Agreement (MOA) between the City of Palo Alto (CITY) and County
of Santa Clara (COUNTY) regarding the Psychiatric Emergency Response Team (PERT) Justice and
Mental Health Collaboration program is hereby amended as follows:
1. Subsections 1.1 and 1.2 under Article 1 “Term; Extensions; Termination”, are hereby
replaced in their entirety as follows:
1.1 Term of Agreement. The term of this MOA is from November 18, 2021, to June 30,
2026, or until funding is no longer available, whichever occurs first.
1.2 Extension. The term of this MOA may be extended based on availability of funds and
upon a written amendment of this MOA signed by both Parties. Any extension of this
MOA shall be contingent on the CITY and COUNTY’s review of the use, need, and
value of the PERT Program.
2. Section 2.1.c under Article 2 “Scope Of Services”, is hereby replaced in its entirety as follows:
a. 2.1.c Recruit and employ up to two (2) full time BHSD PERT Licensed Clinicians
(hereinafter “BHSD PERT Clinicians), to work with the PAPD PERT Police Officers
(hereinafter “PAPD PERT Officer) to perform the following tasks:
1) Conduct mental health evaluations and assessments of individuals, including crisis
screening, for persons with serious mental illnesses including clients who are
frequent users of emergency psychiatric services, dual diagnosed clients and
clients who are mentally ill;
2) Assist in determining the appropriate disposition supporting individuals’ needs and
safety;
3) Consult with the PAPD PERT Officer regarding disposition of individuals and law
enforcement issues;
4) Maintain knowledge of the criteria for psychiatric disorders according to the current
Diagnostic and Statistical Manual of Mental Disorders;
5) Maintain knowledge of current legal and ethical issues as they relate to mental
illness.
6) Maintain licensing as required;
7) Ensure that requirements for detention and transportation pursuant to Welfare and
Institutions Code (WIC) Section 5150 are met;
8) Provide documentation to the PAPD PERT Officer supporting the decision to detain
and transport a subject pursuant to WIC Section 5150;
9) Assist in the coordination of transportation to mental health service centers or
facilities when such support and services are deemed beneficial (regardless of
whether a 72-hour evaluation hold is issued), and there is cooperation from the
subject;
Item 6
Attachment A -
Amendment #1 - MOA
Between County of Santa
Clara and City of Palo Alto
PERT Clinician(s)
Item 6: Staff Report Pg. 5 Packet Pg. 60 of 193
Page 2 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
10) Maintain a law enforcement security clearance;
11) Conduct presentations to educate others about the mission and focus of PERT and the
PERT Program;
12) Provide mental health training and expertise to other PAPD Department staff; and
13) Refrain from engaging in law enforcement activities that are not related to the PERT
mission and focus.
3. Subsection 2.2 under Article 2 “Scope Of Services”, is hereby modified to add the following
provisions:
p. Collaborate with the BHSD in the process of identifying the BHSD PERT Clinicians to
work with SJPD as part of the PERT workgroup.
q. Identify a designated PERT Officer to collaborate and partner with the BHSD PERT
Clinician.
r. The CITY shall collaborate with the BHSD on any PERT Clinician background clearance
prior to city assignment.
s. Issue basic tools to BHSD PERT Clinicians to perform their duties and provide
access to certain CITY facilities.
t. Collaborate with the COUNTY in determining what training, if any, is necessary
for the BHSD PERT Clinicians during the duration of the MOA.
4. Article 3 “Miscellaneous Provisions” is hereby modified to add the following
subsections:
3.8 Records and Confidentiality.
a. Records created by the BHSD PERT Clinicians, even while operating in collaboration
with CITY, shall be considered County records, free from the control and direction of any
other party to this MOA. Such records will be subject to all federal, state, and county
laws and regulations regarding the protection of client/patient privacy and confidentiality.
b. Both Parties agree that all BHSD PERT Clinicians are County employees and shall
follow the privacy requirements of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) as applicable. The BHSD shall train all BHSD PERT Clinicians on
federal, state, and local policies and procedures with respect to the confidentiality, use
and/or disclosure of protected health information of clients as necessary and appropriate
for the BHSD PERT Clinicians to perform their functions. The BHSD shall provide the
BHSD PERT Clinicians with the appropriate Health System(s) policies and procedures,
which are subject to change from time to time. The BHSD reserves the right to take
appropriate action for violation of its policies; such action may include immediate
termination of any BHSD PERT Clinician who violates Federal, State, or local law and
policy.
3.10 Conflicts. In the event of a conflict between CITY’s PAPD PERT Officer and
COUNTY’s BHSD PERT Clinicians, regarding treatment decisions, COUNTY policy
and protocol will prevail.
5. Add Article 4 “Relationship of Parties and Financial Requirements” and its subsections as
follows:
Item 6
Attachment A -
Amendment #1 - MOA
Between County of Santa
Clara and City of Palo Alto
PERT Clinician(s)
Item 6: Staff Report Pg. 6 Packet Pg. 61 of 193
Page 3 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
4.1 Relationship of Parties. The COUNTY acknowledges and agrees that the work/services
provided by the BHSD PERT Clinicians under this MOA are performed as an
independent contractor relative to the CITY. The BHSD PERT Clinicians are part of the
COUNTY workforce and will remain as employee of the COUNTY while providing
services under this MOA.
4.2 Funding/Financial Responsibilities. Unless amended by the Board of Supervisors and the
Palo Alto City Council, the annual contribution of the COUNTY and CITY to Program
expenses shall be as follows.
a. The COUNTY shall provide the following funding/financial responsibilities:
1) The COUNTY shall pay, up front, all personnel costs of the PERT Program (i.e.,
the fully weighted costs of salary and benefits for the BHSD PERT Clinicians) in
accordance with the COUNTY’s memorandum of understanding with applicable
bargaining unit for two (2) BHSD PERT Clinicians with the PAPD and
2) The COUNTY shall procure and supply the BHSD PERT Clinicians with a
laptop and cellphone. The initial and on-going costs for such equipment,
maintenance and/or replacement shall be incurred by the COUNTY. The
COUNTY shall retain ownership of the property at the conclusion of the MOA
term.
3) The COUNTY shall be responsible for the BHSD PERT Clinician’s payroll as
applicable.
4) The COUNTY is not obligated to provide services for which no reimbursement
will be made when the CITY’s maximum financial obligation has been fully
exhausted.
5) The COUNTY shall make a good faith effort to provide a forecast cost changes
in advance of February of each year to facilitate the budget process for the
following fiscal year that begins on July 1.
6) The COUNTY shall be solely responsible for one (1) BHSD PERT Clinicians’
salary and benefits.
b. The CITY shall provide the following funding/financial responsibilities:
1) The CITY shall reimburse the COUNTY for up to one (1) fulltime BHSD PERT
Clinicians’ salary and benefits.
2) The CITY’s maximum financial obligation shall not exceed $549,000 through
the term of this Agreement.
3) The CITY shall reimburse the County up to $183,000 for one (1) PERT clinician,
per fiscal year (FY), starting FY 2024 through 2026.
4) The CITY shall not be liable for any costs above the $183,000 for the BHSD
PERT Clinician per fiscal year.
5) The CITY shall provide the BHSD PERT Clinicians with a fitted protective vest
at its sole expense.
6) The CITY shall pay for (or reimburse the COUNTY for) expenses such as the
registration, meal per diem, and lodging for any required attendance by the
BHSD PERT Clinician to any conference, workshop, or training program(s).
7) The CITY shall make a good faith effort to provide a forecast of funding changes
in advance of February of each year to facilitate the budget process for the
following fiscal year that begins on July 1.
c. Both the COUNTY and CITY shall collaboratively determine what training, if any, is
necessary during the duration of the MOA. If training funds are not identified in this
MOA, then COUNTY and CITY shall collaboratively determine funding sources.
Item 6
Attachment A -
Amendment #1 - MOA
Between County of Santa
Clara and City of Palo Alto
PERT Clinician(s)
Item 6: Staff Report Pg. 7 Packet Pg. 62 of 193
Page 4 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
4.3 Staffing. The CITY shall be involved with the process of identifying the BHSD COUNTY
PERT Clinicians to work from PAPD as part of the PERT workgroup. The program shall
consist of up to two (2) full time BHSD PERT Clinicians who must be licensed to
provide mental health services by appropriate State of California licensing authorities.
a. The BHSD COUNTY PERT Clinicians shall be required to participate in a CITY
background investigation and be fingerprinted, with subsequent arrest notification,
prior to beginning work with the CITY.
b. The CITY shall issue the BHSD COUNTY PERT Clinicians basic tools to perform
their duties and provide access to certain CITY facilities.
c. The BHSD COUNTY PERT Clinicians shall follow all CITY policies while
performing services under this MOA.
4.4 Invoicing and Payment. The COUNTY shall be required to create and implement a
timekeeping system to account for COUNTY staff time to be validated by CITY staff. In
turn, the COUNTY shall invoice the CITY monthly for reimbursement. Both CITY and
COUNTY representatives shall be required to monitor the monthly cost for the COUNTY
PERT Clinician.
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Item 6
Attachment A -
Amendment #1 - MOA
Between County of Santa
Clara and City of Palo Alto
PERT Clinician(s)
Item 6: Staff Report Pg. 8 Packet Pg. 63 of 193
Page 5 of 5
FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE COUNTY OF SANTA CLARA REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)
JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
Except as set forth herein, all other terms and conditions of the MOA shall remain in full force and effect;
provided, however, in the event of any conflict between the terms of this First Amendment and the MOA,
the terms of this First Amendment shall control. The MOA as amended by this First Amendment
constitutes the entire MOA of the parties concerning the subject matter herein and supersedes all prior
oral and written agreements, representations, and understandings concerning such subject matter.
IN WITNESS WHEREOF, the parties have executed this First Amendment as set forth below.
“COUNTY” County of Santa Clara
Susan Ellenberg, President Date
Board of Supervisors
Signed and certified that copy of this document
has been delivered by electronic or other means to
the President, Board of Supervisors.
“CITY” City of Palo Alto, a Municipal
Corporation and Charter City
City Manager Date
Office of the City Manager
APPROVED AS TO FORM AND LEGALITY:
Megan Wheelehan Date
Deputy County Counsel
APPROVE AS TO FORM:
Assistant City Attorney Date
APPROVED:
Sherri Terao, Ed.D. Date
Director
Behavioral Health Services Department
APPROVED:
Chief of Police Date
City of Palo Alto
APPROVED:
Vincent DePaul Robben Date
Health Care Financial Manager
County of Santa Clara Health System
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Amendment #1 - MOA
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MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF PALO ALTO
AND
THE COUNTY OF SANTA CLARA
REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT) JUSTICE
AND MENTAL HEALTH COLLABORATION PROGRAM
WHEREAS, the mission of the City of Palo Alto (hereinafter “CITY”) is to provide quality
public services, facilities and opportunities that create, sustain, and enhance a safe, livable, and
vibrant community for its diverse residents, businesses, and visitors. CITY’s Palo Alto Police
Department (hereinafter “PAPD”) is a progressive and professional organization dedicated to
maintaining community partnerships which promote a high quality of life for the City’s diverse
population; and
WHEREAS, the mission of the County of Santa Clara (hereinafter “COUNTY”) is to plan
for the needs of a dynamic community, provide quality services, and promote a healthy, safe and
prosperous community for all; and
WHEREAS, COUNTY and CITY seek to collaborate to increase public safety and reduce
recidivism among high risk people with mental illnesses and co-occurring mental illness and
substance abuse through the Psychiatric Emergency Response Team Justice and Mental Health
Collaboration Program (or “PERT Program”); and
WHEREAS, the partners listed above have agreed to enter into a collaborative agreement in
which CITY and COUNTY Behavioral Health Services Department will be partners on this
collaborative effort to combine the unique resources, skills, experience and training of personnel
from two different professions (law enforcement and mental health services) to provide the best
possible response to situations involving persons with mental illness; and
WHEREAS, the partners herein desire to enter into a Memorandum of Agreement setting
forth the roles, responsibilities and services to be provided by the PERT Program; and
WHEREAS, the agencies recognize the need for cross-system collaboration to improve
responses and outcomes for individuals with mental illnesses and substance abuse who come into
contact with the justice system; and
WHEREAS, the partners recognize the need to increase public safety and to provide rapid
intervention to a person in mental health crisis by de-escalating the situation and helping to
stabilize the person in the least restrictive way possible, and then striving to get that person the help
they need; and
WHEREAS, the partners are committed to providing services to those in need regardless of
their ethnicity, gender, gender identity, sexual orientation, origin, religious or political beliefs,
and/or creed;
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NOW, THEREFORE, it is hereby agreed by and between the partners as follows:
ARTICLE 1
TERM; EXTENSIONS; TERMINATION
1.1 Term of Agreement. The initial term of this Memorandum of Agreement (MOA) is from the date the
MOA is executed to 6/30/2026.
1.2 Extension. This MOA may be extended to through the term of funds available from the
Mental Health Services Act and upon a written amendment of this MOA signed by both Parties.
Extension of this MOA shall be contingent on COUNTY’s review of the use, need, and value of the
PERT Program and COUNTY’s budget to ensure that the Behavioral Health Services Department
(BHSD) PERT clinician(s) can be continued for each successive term.
1.3 Termination without Cause. Any Party may terminate this MOA without cause by providing
sixty (60) day written notice.
ARTICLE 2
SCOPE OF SERVICES
2.1 COUNTY will provide the following for the PERT Program:
a. Participate in proactive responses for high risk individuals with mental illness in
conjunction with the PAPD PERT officer.
b. Develop and modify protocols for PERT Program response and information sharing
policies and procedures as necessary.
c. Identify a BHSD PERT Clinician to work with the PAPD PERT officer to perform the
following tasks:
1. Conduct mental health evaluations and assessments of individuals, including
crisis screening, for persons with serious mental illnesses including clients who
are frequent users of emergency psychiatrist services, dual diagnosed clients
and clients who are mentally ill.
2. Assist in determining the appropriate disposition supporting individuals’ needs
and safety.
3. Consult with PERT officer regarding disposition of individuals and law
enforcement issues.
4. Maintain knowledge of the criteria for psychiatric disorders according to the
current Diagnostic and Statistical Manual of Mental Disorders.
5. Maintain knowledge of current legal and ethical issues as they relate to mental
illness.
6. Maintain licensing as required.
7. Ensure requirements for detention and transportation pursuant to Welfare and
Institutions Code (WIC) Section 5150 are met.
8. Provide documentation to the PERT officer supporting the decision to detain and
transport a subject pursuant to WIC Section 5150.
9. Assist in coordination of transportation to mental health service centers or
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facilities when such support and services would be beneficial (regardless of
whether a 72-hour evaluation hold is issued), and there is cooperation from the
subject.
10. Maintain a law enforcement security clearance.
11. Conduct presentations to educate others about the mission and focus of PERT and
the PERT Program.
12. Provide mental health training and expertise to other Department staff.
13. The PERT clinician shall not engage in law enforcement activities that are not
related to the PERT mission and focus.
d. Identify trainings that PAPD law enforcement should receive to help PAPD officers
identify and respond to individuals with mental illnesses.
e. Work with PAPD to identify trainings that may be provided to officers with
perishable skills training to respond appropriately to incidents involving individuals
with mental illness and substance abuse. Any identified courses and trainings must be
certified by POST to ensure a consistent level of quality.
2.2 CITY will provide the following for the PERT Program:
a. Develop a detailed policy, procedure, process, and plan on implementing a specialized
police-mental health PERT Justice and Mental Health Collaboration Program.
b. Expand training for law enforcement to identify and respond to individuals with
mental illness and provide cross-training of criminal justice and mental health
personnel.
c. Establish a dedicated PAPD officer(s) to work with the COUNTY BHSD PERT
clinician.
d. Assume primary responsibility for site control when responding to a crisis situation.
e. Assume role of primary responder when engaged with BHSD PERT clinician.
f. Determine whether phone consultation or on-site consultation is needed from the BHSD
PERT Clinician.
g. Coordinate training exercises with BHSD PERT clinician to ensure proper collaboration
when needed during a crisis situation.
h. Collaborate with the BHSD PERT clinician by participating in trainings and meetings to
ensure proper understanding of roles and responsibilities during crisis situations.
i. Facilitate transportation for clients to the appropriate receiving facility when a
5150 has been placed by the BHSD PERT clinician in response to a call for service
to PAPD.
j. Agree to provide review on overall effectiveness on BHSD PERT clinician
deployments.
k. Agree to provide information to BHSD PERT clinician regarding individuals who
are involved in a crisis incident, when such information provides critical value to
the safe resolution of those incidents.
l. The officer will assess the situation in regard to safety for the officer, the BHSD
PERT Clinician, the consumer, and bystanders. The officer will provide safety on
scene at all times. The officer will evaluate the subject for any criminal behavior,
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as appropriate.
m. The officer and PERT Clinician will offer referrals or other assistance as the
situation warrants, and if needed will assist the individual to the appropriate setting
(either voluntarily or involuntarily).
n. Modify and enhance policies, procedures, and protocols for PERT Program and
information sharing process as necessary.
o. While working in conjunction with the PERT Clinician, collaborate with BHSD
Clinicians to draft and submit a Monthly Program Narrative Report to County
no later than seven (7) days after the end of each month. The Quarterly
Narrative Report shall include a summary of the PERT Program’s performance
goals, milestones achieved, and any issues/concerns encountered during the
reporting period.
ARTICLE 3
MISCELLANEOUS PROVISIONS
3.1 Collaboration. CITY and COUNTY have jointly developed this MOA. All PERT Program
partners are committed to working together to achieve stated project goals through monthly meetings
designed to develop and implement the project as well as monitor and evaluate the project. PERT Program
Partners will meet informally more often and as needed.
3.2 Record Retention. CITY and COUNTY will maintain a ll documents and records which
demonstrate performance under this MOA for a minimum period of three (3) years, from the date of
termination or completion of this MOA.
3.3 Compliance with Non-Discrimination and Equal Opportunity Laws: CITY and COUNTY
shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in
employment and contracting, including but not limited to the following: Santa Clara County’s policies
for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as
amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967;
the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair
Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102,
and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. CITY and COUNTY shall not
discriminate in the provision of services provided under this contract because of age, race, color,
national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital
status.
3.4 California Public Records Act. The Parties are public agencies subject to the disclosure
requirements of the California Public Records Act (“CPRA”). In the event either Party receives a
CPRA request for records related to the PERT program the Parties shall collaborate to comply with the
CPRA and to prevent disclosure of exempt records, such as medical or mental health records.
3.5 Contract Execution. Unless otherwise prohibited by law or County policy, the parties
agree that an electronic copy of a signed contract, or an electronically signed contract, has the
same force and legal effect as a contract executed with an original ink signature. The term
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“electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or
other electronic means of a copy of an original signed contract in a portable document format.
The term “electronically signed contract” means a contract that is executed by applying an
electronic signature using technology approved by the County.
3.6 Indemnification and Insurance
a. Indemnification. In lieu of and notwithstanding the pro rata risk allocation, which might
otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties
agree that all losses or liabilities incurred by Party shall not be shared pro rata but, instead,
COUNTY and CITY agree that, pursuant to Government Code Section 895.4, each of the Parties
hereto shall fully indemnify and hold each of the other Parties, their officers, board members,
employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under
or in connection with or arising out of any work, authority or jurisdiction delegated to such party
under this MOA. No party, nor any officer, board member or agent thereof shall be responsible for
any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct
of the other Parties hereto, their officers, board members, employees, or agents, under or in
connection with or arising out of any work authority or jurisdiction delegated to such other Parties
under this MOA.
b. Insurance. Without limiting the indemnification of either party to this Agreement, each party
shall maintain or cause to be maintained throughout the term of the Agreement the following insurance
coverage: (i) a policy of commercial general liability with limits of liability not less than one million
dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate; (ii) a policy
of automobile liability with limits of liability not less than one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) annual aggregate (iii) a policy of workers’
compensation providing statutory coverage; and (iv) such other insurance or self-insurance as shall be
necessary to insure it against any claim or claims for damages arising under the Agreement. Insurance
afforded by a commercial general liability policy shall be endorsed to provide coverage to the other
party of the Agreement as an additional insured. Each party to this Agreement shall provide a
Certificate of Insurance certifying that coverage as required herein has been obtained. The requirements
of this section may be satisfied by the provision of similar coverage through a self-insurance program.
3.7 Notices. All notices required under the terms of this MOA will be in writing and must be
transmitted by electronic mail or deposited in the United States Mail, certified mail, return receipt
requested, addressed to the parties as set forth below:
COUNTY OF SANTA CLARA: CITY OF PALO ALTO:
Bruce Copley, Director Office of the City Manager
BHSD Access and Unplanned Services CityMgr@cityofpaloalto.org
bruce.copley@hhs.sccgov.org 250 Hamilton Avenue
828. S. Bascom Ave., Suite 200 Palo Alto, CA 94301
San Jose, CA 95128 (650) 329-2392
(408) 885-3957
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By signing below, each agency approves the conditions set forth in this MOA as well as the
submitted application and proposed project budget.
“COUNTY” County of Santa Clara
Date
“CITY” City of Palo Alto, a Municipal
Corporation and Charter City
APPROVED AS TO FORM AND LEGALITY:
Date
APPROVE AS TO FORM AND
LEGALITY:
APPROVED:
Date
APPROVED:
Date
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11/18/2021
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: September 11, 2023
Report #:2308-1883
TITLE
Approve and authorize the City Manager or designee to execute a three-year Funding
Agreement with the Palo Alto Transportation Management Association (TMA), providing
$200,000 in funding for FY24. CEQA status – not a project.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute the attached three-year Funding Agreement (Attachment A) between the City of Palo
Alto and the Palo Alto Transportation Management Association (TMA), providing $200,000 in
funding for Fiscal Year 2024 (FY24) for transportation demand management services on the same
terms as the prior funding agreement and extending the geographic area for the use of a subset
of City funds to all of Palo Alto.
EXECUTIVE SUMMARY
The Palo Alto Transportation Management Association (TMA) implements programs to reduce
single-occupancy vehicle (SOV) trips to and from Palo Alto. The funding agreement between the
Palo Alto TMA and the City restricts the use of City funds to trip reduction programs in the
Downtown and California Avenue areas only and requires the TMA to report on the use of these
funds. On June 19, 2023, as part of the annual budget process, Council approved $200,000 in
FY24 funding for the TMA and allowed the TMA to use $25,000 of the funds anywhere in Palo
Alto for its programs to reduce single-occupancy vehicle (SOV) trips to and from Palo Alto. The
proposed Funding Agreement (Attachment A) reflects Council action and allows funding to be
provided in the next two fiscal years subject to Council annual appropriation of funds.
BACKGROUND
Following direction from the City Council in 2013, staff worked to develop transportation demand
management (TDM) strategies to encourage alternatives to solo driving as part of a multi-faceted
effort to address traffic and parking concerns in the downtown area and the city at large. The
development of a TMA for Palo Alto was a key component of this approach, which the City initially
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funded through a $499,880 contract with consultants Moore Iacofano Goltsman, Inc.1 After the
TMA was formed in January 2016, this contract continued to fund the sub-consultant services of
the TMA’s part-time executive director. The TMA hired permanent part-time staff in April 2018.
2 Because the TMA was not
yet an approved Section 501(c)(3) organization (its application was pending with the Internal
Revenue Service), the TMA operated as a program of SVCF. When the TMA received its formal
501(c)(3) status, SVCF ceased to be the organization’s program sponsor and to act as the TMA’s
fiscal agent.
3 On May 15, 2019, the Finance Committee recommended
an increase in employee parking permit rates to provide the TMA with additional funding of up
to $180,000, for a total of $660,000 annually. On June 17, 2019, the Council voted to increase the
FY20 budget recommendation by $90,000 from the University Avenue Parking Permit Fund for a
total amount of $750,000. In July 2019, the agreement was amended to reflect the Council’s
appropriation of $750,000 for FY 2020. That agreement expired on June 30, 2020.
4 In that month, the Council
considered its annual budget during the COVID-19 pandemic. In this context, which also aligned
with a lower funding request by the TMA in May, the Council voted to appropriate a reduced
funding level of $453,000 for the TMA in FY 2021, and approved the use of City funds for the
1 Report #4766: https://www.cityofpaloalto.org/civicax/filebank/documents/43344
2 Report #6823: https://www.cityofpaloalto.org/civicax/filebank/documents/52687
3 Report #10198: https://www.cityofpaloalto.org/civicax/filebank/documents/70194
Presentation: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=63435.61&BlobID=70664
4 Report #11307: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=64175.41&BlobID=76770
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TMA’s programs in the California Avenue Business District as well as the Downtown.5 A new
three-year funding agreement was signed in 2020 reflecting Council’s appropriation of $350,000
in FY 2021 per TMS’s request. Council allocated $150,000 in funds for the TMA for FY 2022 and
in the following year allocated $200,000 for FY 2023. As part of the FY2024 budget, Council
allocated $200,000 in funds for the TMA.6 This funding will be provided under the new proposed
funding agreement (Attachment A).
ANALYSIS
7 The Annual Report provides details on the full slate of
TMA activities in calendar year 2022.
•Grew program participation by 73%
•Selected to receive Caltrain GoPasses
•Expanded the Board of Directors
•Presented Bike Love Mobile App to VTA Member City Staff
5 Report #11376: https://www.cityofpaloalto.org/civicax/filebank/documents/76803
Action Minutes: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=48631.05&BlobID=77870
6 Report #2303-1162:
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=1827&meetingTemplateType=2
7 Report #2304-1356:
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=2235&meetingTemplateType=2
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•Launched a refurbished bicycle program
Through a partnership with local non-profit Silicon Valley Bicycle Exchange, TMA staff
have helped 5 Downtown/Cal Ave workers acquire refurbished bicycles to use for
commuting to work.
•Supported Bike to Wherever Days
Staff and 3 board members staffed energizer stations throughout Palo Alto during Bike
to Wherever Days
•Translated website into Spanish
Site visitors can now toggle between English and Spanish pages and access program
applications in Spanish.
The TMA is staffed by one part-time executive director and one part-time program coordinator
via a contract with Altrans TMA, a firm specializing in transportation demand management.
Two other Altrans staff assist as needed. TMA staff has developed strong relationships with
many local business managers who value the TMA's programs and note that for participating
employees, free transit passes and Bike Love rewards lower turnover and reduce the stress and
financial burden of complying with parking regulations.
The TMA’s program portfolio continues to support essential workers in Palo Alto, and the
organization added a bicycle incentive program in 2022 to support business recovery and
reopening in the Downtown and California Ave Business Districts. With a $100,000 grant from
the Transportation Research Board, the TMA partnered with the startup Motion to develop the
Bike Love mobile app that provides $5 per day to new bicycle commuters. Rewards are capped
at $600/year due to IRS reporting requirements and are intended to incentivize trying bike
commuting and developing active commuting habits.
In June 2023, 28 people used Bike Love with 12 users biking to work at least 3 times per week,
and 22 people made redemptions from their Virtual Visa card where Bike Love rewards accrue
and are spendable within a few minutes of arriving at work. Originally, over 100 people applied
for the Bike Love app and over 60 successfully loaded it on their smartphone. Two challenges
that Motion is working to fix with an upcoming update will allow the app to more accurately
detect the travel mode (walking, biking, driving) and also streamline the onboarding process
which had been seven distinct steps but now has been whittled down to just a few.
In addition to the grant-funded bicycle program, the TMA continues to work toward Council’s
desire for the organization to develop more non-City funded programs. To broaden its reach
and revenue sources, the TMA is exploring membership fees for businesses whose employees
receive free train and bus passes or Bike Love rewards, fee-for-service TDM plans for new
development, and fee-for-service TDM services for developments with existing TDM plans. The
TMA meets with other TMA programs to share successes and best practices.
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Policy Implications
The funding agreement between the City and the TMA requires that the TMA strategic plan be
regularly updated. In addition, the transportation demand management (TDM) services
provided by the TMA are consistent with the following Comprehensive Plan policies and
programs:
Policy T-1.1 Take a comprehensive approach to reducing single-occupant vehicle trips by
involving those who live, work and shop in Palo Alto in developing strategies that make
it easier and more convenient not to drive.
Policy T-1.2 Collaborate with Palo Alto employers and business owners to develop,
implement and expand comprehensive programs like the TMA to reduce single-
occupant vehicle commute trips, including through incentives.
Program T1.2.1 Create a long-term education program to change the travel habits of
residents, visitors, shoppers and workers by informing them about transportation
alternatives, incentives and impacts. Work with the PAUSD and with other public and
private interests, such as the Chamber of Commerce and Commuter Wallet partners, to
develop and implement this program.
Program T1.2.4 Evaluate the performance of pilot programs implemented by the Palo
Alto Transportation Management Association and pursue expansion from Downtown to
California Avenue and other areas of the city when appropriate.
Program T1.2.6 Pursue full participation of Palo Alto employers in the TMA.
Policy T-1.13 Encourage services that complement and enhance the transportation
options available to help Palo Alto residents and employees make first/last mile
connections and travel within the city for daily needs without using a single-occupancy
vehicle, including shuttle, taxi and ridesharing services.
Policy T-2.2 As part of the effort to reduce traffic congestion, seek ongoing funding and
engage employers to operate and expand TMAs to address transportation and parking
issues as appropriate in the City’s employment districts.
Program T2.2.1 Work in partnership with the Palo Alto TMA and Stanford University to
aggregate data and realize measurable reductions in single-occupant vehicle commuting
to and from Downtown and in the Stanford Research Park.
Policy T-5.5 Minimize the need for employees to park in and adjacent to commercial
centers, employment districts and schools.
Program T7.1.1 Expand transportation opportunities for transit-dependent riders by
supporting discounts for taxi fares, rideshare services and transit, by coordinating transit
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systems to be shared by multiple senior housing developments, by maintaining a
database of volunteer drivers and other transit options.
Timeline
TMA programs operate year-round. The proposed funding agreement is a three-year
agreement expiring at the end of FY 2026 (June 30, 2026). Any additional funds to be paid to
the TMA beyond FY 2024 would require Council appropriation and amendment of the
agreement. The City Manager is authorized to amend the agreement to incorporate any
additional Council appropriated funds.
FISCAL/RESOURCE IMPACT
Funding for the first year of the proposed agreement with the TMA was appropriated in the
University Avenue Parking Fund ($175,000) and General Fund ($25,000) as part of the FY24
Adopted Operating Budget. Funding for future fiscal years is subject to City Council approval
through the annual budget process.
In the event the City finds itself facing a challenging budget situation, and it is determined that
City resources need to be refocused elsewhere, the City can terminate this agreement after
giving notice.
STAKEHOLDER ENGAGEMENT
Monthly Palo Alto TMA Board of Directors meetings are open to the public and occur from 9:00
- 10:00 a.m. on the third Thursday of the month. Information about board meetings can be
found at the Palo Alto TMA website: https://www.paloaltotma.org/.
ENVIRONMENTAL REVIEW
The requested action would allow continued funding of programs to reduce single-occupancy
vehicle commute trips to the City’s business districts. It is exempt from review under the
California Environmental Quality Act (CEQA) since it can be seen with certainty that there is no
possibility of a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)).
ATTACHMENTS
Attachment A: Funding Agreement with the Palo Alto Transportation Management Association
APPROVED BY:
Philip Kamhi, Chief Transportation Official
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TMA Funding Agreement
September 2023 1
FUNDING AGREEMENT
BY AND BETWEEN THE CITY OF PALO ALTO
AND THE PALO ALTO TRANSPORTATION MANAGEMENT ASSOCIATION
FOR TRANSPORTATION DEMAND MANAGEMENT SERVICES
This Agreement to provide funding for transportation demand management services (this
"Agreement") is made and entered as of September 11, 2023, by and between the City of Palo
Alto, a California chartered municipal corporation (“City”), and the Palo Alto Transportation
Management Association, a California nonprofit public benefit corporation (“PATMA”), on the
following terms and conditions.
RECITALS
1. Since 2013, the City has been actively engaged in developing Transportation Demand
Management (TDM) strategies to encourage alternatives to solo driving to address Palo Alto’s
growing traffic and parking concerns.
2. The City engaged a consultant group with significant experience designing Bay Area
Transportation Management Associations (TMAs), to assist in forming a TMA, and the result of
that effort was the incorporation of the Palo Alto Transportation Management Association
(PATMA) on January 1, 2016.
3. The City has an interest in the success of PATMA and made funding available for
technical support during the start-up phase of the organization. In the initial years, the City also
provided funding for an annual survey of Downtown employee commute patterns.
4. In addition to the support of the City, PATMA has sought and intends to continue
seeking funding from public and private foundations, private businesses, public agencies and
other financial supporters.
5. The mission statement of PATMA is to reduce single occupancy vehicle (SOV) trips,
traffic congestion, demand for parking, and greenhouse gases by delivering targeted
transportation solutions to the diverse range of employers, employees, visitors, and residents in
the Downtown and California Avenue Business Districts. PATMA also serves as a one-stop
transportation information resource and is an active voice in local and regional transportation
issues. While the initial primary focus of PATMA was the Downtown population whose travel
choices have the highest impacts, PATMA’s programs and services have now expanded to the
California Avenue Business District and may ultimately extend beyond these constituents.
6. On June 20, 2016, the City entered into an agreement with PATMA and PATMA’s
then-fiscal agent Silicon Valley Community Foundation (SVCF) to provide $100,000 in funding
for pilot programs of PATMA aimed at testing the effectiveness of PATMA incentives and
programs to reduce commuting to Downtown by SOVs. On February 13, 2017, this initial
funding agreement was amended to provide for an additional $200,000 in funding from the City
to PATMA over two years, with half paid in FY 2017 and the balance paid in FY 2018.
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TMA Funding Agreement
September 2023 2
7. In September 2017, the City, PATMA and SVCF entered into an amended and restated
agreement for continued funding and services through Fiscal Year 2020 (ending June 30, 2020),
as funds were appropriated by the City Council through the annual budget process. The
agreement was twice amended to reflect additional funding appropriated by the City Council in
the second and third years of the agreement.
8. Prior to the 2020 pandemic, PATMA pilot programs were successful, providing
transit passes to 180 - 240 low-income workers per month and encouraging carpool use by other
workers, for an estimated reduction of over 300 vehicles per day, lowering SOV commute trips
Downtown to 52% of all trips by any mode of travel. During and after the pandemic, PATMA
programs supported essential workers in the Downtown and California Avenue areas. As
employees continue to return to work in Palo Alto, PATMA is now serving over 200 workers per
month by subsidizing transit use and afterhours Lyft rides and providing a bicycle incentive
program, for an estimated reduction of 220 vehicles per day, lowering SOV commute trips to
55% for Downtown and California Ave of all trips by any mode of travel.
9. After focusing on the Downtown in the first years of its existence, from March through
October 2019, PATMA implemented a pilot program in the California Avenue Business District
with $100,000 in private funding. The successful program quickly surpassed its goal of
distributing 50 transit passes per month, demonstrating demand for TMA programs in this area.
10. The City and PATMA wish to extend the reach of PATMA and expand its programs
to achieve a greater reduction in SOV commute trips. To this end, the City Council appropriated
additional funds for FY 2021 and allowed expenditure of City funds by PATMA in the
California Avenue Business District as well as the Downtown. For FY 2024, in addition to the
funds appropriated for Downtown and the California Avenue Business District, Council allowed
expenditure of a limited amount of City funds to be used citywide to further reduce SOV
commute trips.
11. Through this Agreement the City will continue funding PATMA, and PATMA will
continue the programs that it undertook under the prior funding agreements. The Parties agree to
enter into this Agreement to provide additional funding to support the development and facilitate
the effectiveness of PATMA, through the expansion of pilot programs to reduce SOV trips by
workers in Palo Alto, and to establish terms and conditions for the use of these funds.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the Parties hereby agree as follows:
1. Recitals. The recitals set forth above are true and correct and are hereby incorporated into this
Agreement in their entirety.
2. Term and Termination. The term of this Agreement shall be from July 1, 2023 through June
30, 2026.
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This Agreement may be terminated by the City or PATMA by providing at least thirty (30) days’
written notice to the other party. Within three (3) months of termination, PATMA shall return to
the City any funds paid by the City that remain unexpended as of the date of termination.
3. City Funds. In City Fiscal Year 2024 (FY24), the City shall transfer the sum of Two Hundred
Thousand Dollars $200,000 (“City Funds”) to PATMA for use for the purposes described in this
Agreement.
For FY24, the City shall transfer the City Funds on a quarterly basis in equal amounts of Fifty
Thousand Dollars $50,000, upon receipt of an invoice submitted quarterly by PATMA.
City may transfer additional funds for the final two years of the Agreement subject to the
appropriation of funds by the City Council through City’s annual budget process. Should
additional funds be appropriated, the parties will amend this Agreement prior to any transfer of
funds to PATMA. The City Manager is authorized to execute such an amendment for City.
4. Use of City Funds. PATMA shall use the City Funds for “pilot projects” intended to reduce
single occupancy vehicle trips by Downtown and California Avenue Business District workers,
as mutually agreed upon by the City Manager and PATMA. For FY2024, $25,000 of City Funds
may be used to reduce single occupancy vehicle trips anywhere in Palo Alto. Pilot projects may
include purchase and distribution of transit passes, active commute rewards, support for
carpooling, and other measures to address first mile and last mile connections. If PATMA uses
City Funds to purchase transit passes to give away free-of-charge, the free transit passes shall be
provided solely to low income workers.
5. Strategic Planning Session, Strategic Plan and Budget. PATMA shall: (a) conduct an
annual strategic planning session producing 3-year goals and objectives and funding
requirements, and prepare an annual budget with projected metrics (cost per mode shift, ROI,
etc.), and (b) annually provide to the City a detailed, updated strategic plan and budget. The
strategic plan may utilize scenarios to illustrate the return on investment associated with different
funding levels. The strategic plan shall identify the projects proposed to be funded with the City
Funds for the City Manager’s review and approval.
6. Reporting Requirement. PATMA shall provide the City with quarterly written reports on the
implementation and effectiveness of pilot programs funded by the City, including quantitative
measures of SOV trip reduction and mode shift achieved, metrics used, cost per employee mode
shift, and how the City Funds were expended. PATMA shall submit the reports at the same time
that PATMA submits the quarterly invoice to the City.
7. Survey. PATMA shall conduct a robust survey of Downtown and California Avenue
Business District employee commute patterns on an annual basis. Additional areas of Palo Alto
where the TMA has been active may be included in the survey. PATMA shall submit the survey
results and report to the City by December 15th of each year or on another date upon mutual
agreement of the parties.
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8. Public Meeting Requirement. The funding is expressly contingent on PATMA’s agreement
to provide 72 hours written advance notice to the public of all Board of Director meetings and to
allow members of the public to attend all such Board of Director meetings.
9. Work Product. PATMA shall ensure any written document or other work product developed
with funds received through this Agreement is made available to the public to the extent not
otherwise prohibited by law.
10. Audits. PATMA will make available all financial records related to the City Funds and the
use of the City Funds during the term of this Agreement and for three (3) years
thereafter. PATMA further agrees to maintain and retain such records for at least three (3) years
after the expiration or earlier termination of this Agreement.
11. Indemnity. To the fullest extent permitted by law, PATMA shall protect, indemnify, defend
and hold harmless CITY and each of CITY’s elected and appointed officials, 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 performance or nonperformance by PATMA, its officers, employees, agents or contractors
under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
Notwithstanding the above, nothing in this section shall be construed to require PATMA to
indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence
or willful misconduct of an Indemnified Party.
The provisions of this section shall survive the expiration or early termination of this Agreement.
12. Insurance. PATMA, 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 "A".
PATMA 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.
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 PATMA 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 as an additional insured
under such policies as required above.
13. Other Provisions:
(a) Business Registry Data. The City may elect to share certain data from its Business Registry
with PATMA for PATMA’s exclusive use in program development and marketing. PATMA
agrees not to share any non-public data with others and will take all necessary steps to ensure the
continued confidentiality of any such non-public data.
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TMA Funding Agreement
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(b) Performance Monitoring. The City may implement its own performance monitoring of City
funded programs to determine effectiveness of provided funds.
(c) Additional Use Restrictions. The City Funds will not be used for anything other than project
management and program costs of the agreed-to projects until the funds are expired. Up to thirty
percent (30%) of City Funds provided may be used for administration costs and purposes.
(d) Board Members. The City may request that the PATMA Board be expanded to include
additional members, possibly including residents and additional City representation.
(e) Fundraising. PATMA shall undertake significant efforts to raise funds from sources other
than the City, including but not limited to membership fees, grants and donations, to implement
programs to achieve reductions in SOV commute trips by workers in Palo Alto’s Downtown and
the California Avenue Business District. The Parties expect that, assuming City funding remains
constant over the term of the Agreement (which it may not), the amounts raised from other
funding sources will represent a proportionately greater share of PATMA’s total funding in the
final two years of this Agreement.
14. 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 Chief Transportation Official
Philip Kamhi
Chief Transportation Official
Office of Transportation
City of Palo Alto
250 Hamilton Ave
Palo Alto, CA 94301
To PATMA:
Justine Burt
Executive Director
Palo Alto Transportation Management Association
855 El Camino Real, #13A-200
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Palo Alto, CA 94301
15. Authority to Bind. The individuals executing this Agreement represent and warrant that
they have the legal capacity and authority to do so on behalf of their respective legal entities.
16. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which
shall, when executed by all the parties, constitute a single binding agreement.
17. Waiver. No delay or omission by either party to exercise any right occurring upon any
noncompliance or default by the other party with respect to any of the terms of this Agreement
shall impair any such right or power or be construed as a waiver thereof. A waiver by either of
the parties of any of the covenants, conditions or agreements to be performed by the other party
shall not be construed to be a waiver of any succeeding breach thereof or of any covenant,
condition or agreement herein contained.
18. Applicable Law. This Agreement will be governed by the laws of the State of California.
19. Venue. 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.
20. Amendments. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
21. Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
[Signatures appear on the following page]
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IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first
written above.
PALO ALTO TRANSPORTATION MANAGEMENT ASSOCIATION:
________________________________
Cedric de La Beaujardiere
President, Board of Directors
CITY OF PALO ALTO:
________________________________
Ed Shikada
City Manager
APPROVED:
________________________________
Chief Transportation Official
APPROVED AS TO FORM:
________________________________
City Attorney or designee
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TMA Funding Agreement
September 2023 8
EXHIBIT “A”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS
IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
AGGREGATE
YES WORKER’S COMPENSATION
EMPLOYER’S LIABILITY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
$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
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND
EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
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 ISSUING COMPANY SHALL
PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE
EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10)
DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: September 11, 2023
Report #:2308-1947
TITLE
Approval to appoint the Chair of the Expanded Community Advisory Panel (XCAP) as an Ex
Officio (non-voting) member on the Rail Committee; CEQA status - not a project.
RECOMMENDATION
Staff recommends appointing the Chair of the Expanded Community Advisory Panel (XCAP),
Nadia Naik, as an ex officio (non-voting) member on the Rail Committee. The tenure of this non-
voting member will be effective until it is either discontinued by the Mayor or superseded by
other City Council action.
EXECUTIVE SUMMARY
Staff recommends the City Council appoint the Chair of the XCAP to the Rail Committee as the
non-voting member. Adding the XCAP Chair in the Rail Committee would offer several valuable
benefits, including continuity and preservation of institutional memory, bolstering public trust
and credibility, establishing an additional avenue for community feedback, accessing local
expertise, and ensuring representation of the community's diverse voices.
The Citizen Advisory Panel (CAP) and the Extended Community Advisory Panel (XCAP) played
pivotal roles in the initial phases of planning for Grade Separation Alternatives. These dedicated
community members invested a substantial amount of time in soliciting feedback from the
community and meticulously assessing various grade separation options. Their involvement
enriched the process with a multi-stakeholder perspective, bolstered public engagement,
promoted transparency, and contributed to a wealth of knowledge.
BACKGROUND & ANALYSIS
In 2017, the City of Palo Alto initiated a grade-separation planning process that was led by Staff
and consultants, with public input coming through Community Meetings. In 2018, the City
Council directed creation of a Citizen Advisory Panel (CAP) that would be responsible for
connecting with community members and neighbors to help inform the process, amplifying both
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decisions and concerns along the way, and advising on grade separation alternatives that are best
for Palo Alto. The City Manager appointed twelve (12) members of the community from various
neighborhoods representing Palo Alto to a Citizens Advisory Panel (CAP). The CAP concluded its
work in March 2019.
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Community Representation: In the spirit of community engagement and transparency,
this appointment would signify a commitment to involving representatives of
community stakeholders in our decision-making processes.
Therefore, staff recommends the City Council appoint the Ex-Officio Chair to the Rail Committee
as the non-voting member. Staff recommends that the role of this appointee will continue until
it is either discontinued by the Mayor or superseded by other City Council action. This
appointment will not only benefit the Rail Committee but also contribute to a more inclusive and
well-informed decision-making process that reflects the diverse perspectives and expertise
within the Palo Alto community.
FISCAL/RESOURCE IMPACT
There are no additional fiscal impacts anticipated from this action.
STAKEHOLDER ENGAGEMENT
The City Council meetings are open to the public and therefore provide the community with
opportunities to provide comments to the City.
ENVIRONMENTAL REVIEW
The recommendation in this report does not constitute a project in accordance with the
California Environmental Quality Act and is therefore not subject to environmental review.
APPROVED BY:
Philip Kamhi, Chief Transportation Official
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: September 11, 2023
Report #:2307-1736
TITLE
Accept the Human Relation Commission’s Recommended Contingency Plan for the Distribution
of $200,000 in Additional Funding for the FY2024-25 Human Services Resource Allocation
Process Recipients; CEQA status – not a project.
RECOMMENDATION
Staff recommends that City Council:
1. Approve the Human Relations Commission’s contingency plan for the distribution of
$200,000 in additional funding;
2. Authorize the City Manager, or their designee, to execute contract amendments with
HSRAP recipients as necessary to implement the additional funding.
EXECUTIVE SUMMARY
The Human Relations Commission (HRC) is bringing forth its recommendation for the
distribution of $200,000 in additional funding Council approved for Fiscal Years 2024 and 2025
as part of the Human Services Resource Allocation Process (HSRAP). The recommendation will
provide funding to twenty- two (22) human services providers serving Palo Alto residents for
the period July 1, 2023 – June 30, 2025.
BACKGROUND
The Proposed Fiscal Year (FY) 2024 Operating Budget included $651,035 in HSRAP funding
recommendations from the HRC to 22 human services organizations1. During budget
deliberations, an additional $200,000 was added to HSRAP. This included $50,000 in
supplemental funding included in the Proposed FY24 budget and an additional $150,000
1 City of Palo Alto Proposed Operating Budget Fiscal Year 2024, CSD Human Service Contracts: Human Services
Resource Allocation Process Contracts, Pages 222-223.
https://www.cityofpaloalto.org/files/assets/public/administrative-services/city-budgets/fy-2024-city-
budget/proposed/city-of-palo-alto-proposed-operating-budget_final.pdf
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proposed by Council during deliberations; for a total funding investment of $851,035 for FY24.
The Council was aware that the HRC had created a contingency plan in the event that additional
HSRAP funding was added during budget deliberations, but since the funding allocation
spreadsheet was not presented for their consideration, Council requested that it come before
them at a later date for approval.
ANALYSIS
2 in the Request for Proposal (RPF) as well as other
factors including the number of Palo Alto residents served, past performance (if a past HSRAP
recipient), strength of program impact indicators included in the proposal, among others.
Reviewers then made recommended allocations for the contingency plan using the following
methodology:
•Increased many current HSRAP grantees to the level they were getting in FY23 or asked
for in FY24; if that funding amount was not in the original allocation.
•Added an allocation to two of the applicants who did not get a funding recommendation
in the original allocation.
•Added additional funding to new applicants or current grantees that submitted well-
crafted applications meeting a critical need but were not awarded their requested
amount.
•Maintained funding levels of those new applicants and current grantees that were
awarded a substantial increase in the original allocation.
3. There
was general agreement with the draft contingency plan, except for the recommended
2 Human Services Resource Allocation Process (HSRAP) Evaluation Criteria.
https://www.cityofpaloalto.org/files/assets/public/community-services/human-services/grant-programs/hsrap-
fy2425/hsrap-evaluation-criteria-fy24.pdf
3 Human Relations Commission, April 27, 2023, Item 3.
https://www.cityofpaloalto.org/files/assets/public/community-services/human-relations-commission/agendas/4-
27-23/4-27-23-hrc-agenda.pdf
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distribution to Ada’s Café, which was discussed and increased from $6,000 to $10,000. To be able
to do this, distribution amounts to four other recipients were decreased by $1,000 each.
Recommended funding allocations range from $6,000 to $91,000, with seven of the 22 recipients
recommended to receive funding in the amount of $11,000 or less. Since that time, additional
funding became available, which increased several grantees allocations as described in the
following paragraph.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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Proposed HSRAP Allocations FY24-25
Agency Program Descriptions FY23
Funding
FY24
Agency
Request
FY24
Budget*
FY24 Proposed
Contingency
Additional $200,000
AbilityPath Adult Services for people with developmental disabilities $66,047 $69,988 $58,725 $69,988
Ada's Café Employment opportunities for adults with developmental disabilities n/a $75,000 $0 $12,442
Adolescent Counseling Services ASAT Adolescent substance addiction treatment program for Middle and High School
students n/a $30,000 $0 $7,465
Adolescent Counseling Services OUTLET Support and empowerment for LGBTQIA+ youth $51,282 $50,000 $44,457 $50,000
Alta Housing Academic support and skill-building opportunities to low-income students and increase
food and financial resiliency for families $39,750 $43,725 $35,344 $43,725
Counseling and Support Services for Youth
(CASSY)***
Individual and group therapy for students to increase social-emotional wellbeing, self-
regulation, and coping strategies $56,342 $40,000 $35,566 n/a
Children's Health Council Provide transportation to access in-person therapy, basic food needs, and clinician
recommended therapy supplies for families with children ages 5-22 with Medi-Cal n/a $12,500 $5,230 $7,751
Dowtown Streets Team Work experience program that empowers and supports individuals experiencing
homelessness $11,330 $50,557 $20,921 $38,473
DreamCatchers After-school tutoring and mentorship program for low-income middle school students $33,114 $60,000 $29,443 $55,256
Health Trust Meals on Wheels; fully-prepared meals delivered to vulnerable seniors $12,669 $21,600 $19,205 $21,600
Heart and Home Collaborative Winter shelter for women experiencing homelessness n/a $50,000 $28,463 $40,442
Kara Comprehensive grief support, crisis intervention and education to individuals and
families facing grief and loss $28,326 $28,000 $24,896 $28,000
Karat School Project Distribution of education and essential item packages, and participation in a nature
equity education camp for low-income families living in RVs $5,665 $23,310 $10,852 $13,503
La Comida Provides nutritious and affordable lunches to seniors while creating a socially
stimulating atmosphere $55,956 $60,000 $49,753 $60,000
LifeMoves Provides critical food services for individuals experiencing homelessness $95,218 $92,893 $82,595 $92,893
Palo Alto Renters' Association (PARA)**Train renters in every neighborhood to counsel fellow tenants and navigate rights. n/a $12,000 $5,230 n/a
Parents and Advocates of Remarkable
Children and Adults (PARCA)
On-site support services for developmentally disabled adults living in a residential
program.n/a $20,000 $10,460 $13,015
Peninsula Healthcare Connection Provide basic needs through community-based services that target the immediate
health needs of hard to reach individuals experiencing homelessness $7,931 $61,087 $26,151 $38,759
Ravenswood Family Health Network Provides health care acces to vulnerable residents to ensure they receive patient-
centered health care services $53,024 $75,000 $47,145 $75,000
Senior Adults Legal Assistance Provides a wide range of legal services, from advice/referrals to comprehensive legal
representation, for adults aged 60 and older $19,448 $20,500 $17,291 $20,500
Vista Center Provide visually impaired seniors with the skills and support necessary to remain
independent, safe, employed and mobile $48,266 $47,209 $41,976 $47,209
WeHOPE Provide showers, laundry, and case management services through the Dignity on
Wheels mobile trailer n/a $112,640 $14,645 $63,014
YMCA Palo Alto Senior fitness programming and financial assistance for senior memberships n/a $10,000 $8,891 $10,000
Youth Community Service Youth well-being and leadership program services through community service projects $38,008 $42,000 $33,795 $42,000
TOTALS $622,376 $1,108,009 $651,034 $851,035
*Budget approved at the City Council June 19, 2023, meeting
**PARA declined the award on 7/20/23
***CASSY declined the award on 8/7/23
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Allocations FY24-25
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CITY COUNCIL
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: September 11, 2023
Report #: 2308-1917
TITLE
Approve the Revised Permanent Parklet Program Regulations; Provide Feedback on Incentives
for Electric Heating on Parklets; and Adopt Legislation Creating an Ongoing Parklet Program,
Creating Related Fees and Penalties, and Continuing Parklets in Certain Areas of University
Avenue Downtown and the California Avenue Area. CEQA Status – Categorically Exempt
(Sections 15301 and 15304(e)).
RECOMMENDATION
Staff recommends that the City Council:
1. Review and approve changes to the permanent program regulations:
a. Changes to the parklet standards (Attachment A) related to parklet enclosures
and traffic safety, and consideration of alternative parklet sizes (Attachment H).
b. Parklet fees to be collected – specifically the Parklet License Fee (for use of the
public right-of-way).
2. Provide feedback on potential incentives for the use of electric heating on parklets.
3. Adopt the following legislation to implement an ongoing parklet program:
a. Ordinance creating new PAMC Chapter 12.11 to implement an ongoing parklet
program and amending various sections of Title 16 and 18 as recommended by
the Planning and Transportation Commission to waive certain planning and zoning
requirements for parklets. This ordinance will be effective April 1, 2024.
(Attachment B).
b. Resolution establishing certain areas of the University Avenue Downtown and
California Avenue area for use as parklets for eating and drinking or retail.
(Attachment C).
c. Ordinance amending the FY2024 Municipal Fee Schedule to add new fees related
to parklets. (Attachment D).
d. Resolution amending the Administrative Penalty Schedule to add penalties for
violating PAMC Chapter 12.11. (Attachment E).
EXECUTIVE SUMMARY
In March 2023, Council directed staff regarding the letter of consent requirements, parklet size,
responsibility of cleaning, and provided the next steps for program development including traffic
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safety, incentives for electric heaters, and parklet fees. Staff implemented this direction and
proceeded with these steps. Staff investigated options for greater safety against vehicles, and
additional design parameters and considerations have arisen. As a result, staff proposes revisions
to the program’s traffic safety standards and an alternative standard for parklet sizes, based on
the findings of the analysis described in this report.
Attachment A, including
incorporating Council’s direction and staff revisions to the traffic safety standards.
Attachment H.
Attachments B, C, D, and E) to enact the program, which would become effective following the
temporary parklet program’s expiration date on March 31, 2024. This would allow existing and
future parklet sponsors approximately four (4) months to apply for a new parklet permit and alter
(or build) a parklet in conformance with the permanent program standards.
BACKGROUND
1. Palo Alto also enabled businesses to use their parking lots and public parking lots for
outdoor dining; that program will end on December 31, 2023.
•At Grade Dining: dining at grade with no platform (i.e., directly on the roadway’s
asphalt).
1 Revised temporary parklet guidelines: https://www.cityofpaloalto.org/files/assets/public/public-works/revised-
parklet-guidelines-5.19.2023-final.pdf
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•Car-Free streets (California Ave and part of Ramona Street): dining on streets closed to
all vehicular traffic.
•Parklets: dining on a platform within parking spaces in the public right-of-way.
Since the implementation of the pilot program, roughly 33 parklets have been built in the
University Avenue and California Avenue areas, utilizing 93 parking spaces. However, while the
pilot program was expedient, it did not consider all operational and design logistics and led to a
wide range of parklet designs and operations. In 2021, the Council directed staff to develop a
permanent parklet program with the input of the Architectural Review Board (ARB) and
extended the pilot parklet program to December 2021. Additional Council extensions have
resulted in a March 31, 2024 expiration date for the pilot program.
The permanent parklet program’s focus is parklets (i.e., dining on enclosed platforms within
parking spaces in the public right-of-way) on streets open to vehicular traffic in the University
Ave Downtown and California Ave Business District, as well as the closed streets portion of
Ramona Street. Dining on the closed street portion of California Ave is not part of the scope of
the permanent parklet program and will be addressed through subsequent conversations about
car-free streets.
Since December 2021, staff have worked to develop and refine permanent parklet standards,
with input from the ARB. The standards are intended to balance the needs of restaurateurs and
businesses with safety requirements, while honoring the overall program intent to enliven the
public realm and enhance the experience of diners, pedestrians, and vehicles. The permanent
program development and ongoing management of pilot program parklets has required a high
level of effort from multiple departments. Staff have returned to Council three (3) times to
receive guidance and direction on numerous program components and complexities; these
include fire safety and the use of propane heaters, parklet size, parklet encroachment over
neighboring storefronts and letters of consent, parklet fees and cleaning responsibilities.
Attachment F includes a complete overview of the history of the parklet program including
discussions with the City Council.
Since the March 27th Council Meeting, staff have implemented Council direction on assigning
cleaning responsibility to parklet owners, requiring letters of consent if parklet structures (e.g.,
roof, sidewalls, trellises) extend in front of a neighboring storefront, and limiting the size of
covered parklets to 350 square feet but allowing businesses up to two (2) parklets. Staff also
engaged an on-call engineering consultant to investigate traffic safety barrier options and
worked with the Utilities Department to evaluate potential incentives for the use of electric
heaters on parklets, which are described further in the analysis below.
ANALYSIS
Staff request that Council focus its discussion on three key areas:
1. Changes to the permanent standards regarding vehicle protection including:
a. Proposed parklet enclosures and traffic protection measures.
b. Staff’s recommendation on parklet size.
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2. Possible incentives for using electric heaters on parklets.
3. Proposed Parklet fees.
Attachment A reflects Council’s direction from the March 27th Council meeting. In addition, the
standards reflect the proposed changes regarding vehicle protection which is discussed further
below. The City Council is encouraged to review the standards in Attachment A and identify
concerns or modifications that may be needed. Staff intend to implement these standards
along with any requested changes from Council as staff-level regulations once the attached
Ordinance and related resolutions (Attachments B, C, D, and E) are adopted and the parklet
program becomes effective in spring 2024.
1. Proposed changes to the permanent standards regarding vehicle protection
Enclosures
Following the Council’s direction to return with proposals on greater safety from vehicles, staff
engaged an on-call engineering consultant, Siegfreid Engineering, to review and assess vehicle
protection for several traffic barrier options. The consultant’s analysis evaluated barriers
against two safety requirements:
1) Traffic safety: vehicle barriers are required to resist a 6,000-pound load 18 to 27 inches
above the pavement.
2) Pedestrian safety: guardrails are required to:
a. Be a minimum or 42 inches in height.
b. Not allow a sphere of 4” to pass through the guardrail. The intent of this provision is
to prevent small children from passing through the guardrail.
c. Be designed to resist a lateral force of either 50 pounds per lineal foot or a
concentrated load of 200 pounds applied at the top of the rail.
A table summarizing the results from the barrier evaluation are provided in Attachment G.
The barrier analysis indicates that a concrete barrier must be anchored into a concrete
foundation to provide improved protection from a moving vehicle, and that unanchored
barriers or planters are not only less effective but may create an additional hazard from flying
debris if hit. Due to numerous utility connections throughout the public right-of-way
underground, and the high level of effort to install foundations into the roadway and
potentially relocate utility connections, it is not feasible to allow anchored concrete barriers in
conjunction with parklets, and there are no other barriers that can meet traffic safety standards
on streets with a 25-mph speed limit. However, pedestrian safety is more readily achievable,
and there could be a number of feasible options. While pedestrian railings or guards do not
provide traffic safety, they provide visual cues for drivers and minimize the risk of parklet
patrons entering the travel lane accidentally.
As a result of these findings, staff recommend the parklet regulations focus on minimizing risk
and that a long-term outdoor dining solution be incorporated into the upcoming University
Avenue Streetscape Update Project through street redesign and permanent traffic safety
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measures. To minimize risk, staff have revised the enclosure and traffic safety standards in the
regulations (Section IV.B and IV.C, respectively), which are outlined in Attachment A and
summarized below.
Staff request that Council review and approve the revised enclosure and traffic safety
regulations outlined in Attachment A, including:
•Removing the requirement for periodic barriers such as planters, which can create an
additional hazard.
•Increasing the required enclosure height to 42-inches, which is more in line with
guardrail standards, while still allowing for sightlines.
•Requiring a planter be located behind the wheel stops on either side of the parklet to
increase visibility and help prevent pedal confusion for cars parking adjacent to the
parklet (see Figure 2 and 3 in Attachment A).
•Increasing the frequency of reflective delineators from one (1) every twenty (20) feet to
one (1) every ten (10) feet.
Parklet size
Attachment H.
th, Council directed staff to return with incentives that will encourage the use of
electric heating on parklets. Staff have worked with the Utilities department to investigate
existing electrification programs that parklet sponsors may participate in, as well as other
options, and have identified four (4) potential incentives for electric heating on parklets. Staff
request Council review and provide feedback on the proposed incentives options outlined
below. Staff intend to take Council’s feedback and direction and return with additional details
and proposal at a later date.
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Electric heater incentive options:
1. Include parklets in the Business Electrification Technical Assistance program.
2. Provide a discount on parklet fees.
3. Provide a rebate on purchasing electric heaters (requires funding).
4. Provide a rebate on an electrical panel upgrade (requires funding).
The first option would involve Utilities and their Business Electrification Technical Assistance
operator and the other three are options would require General Fund funding. Under the
Business Energy Technical Assistance program, parklet sponsors would receive a complimentary
evaluation of their business equipment and operations, and be provided potential options for
electrification, including converting parklet heaters from propane to electric heater, as well as a
list of recommended contractors who specialize in electrification. The Business Electrification
Technical Assistance operator would work with the parklet sponsor to evaluate quotes and
consider options and alternatives for their entire business operations.
3. Proposed Parklet fees
On March 27th, staff presented Council with a number of fees that would be required under the
permanent program (application fee, renewal fee, cleaning fee, refundable deposit, and a
license fee) along with a range of what each fee would be. Council directed staff to remove the
cleaning fee and return with a fee recommendation on the “low end” of the fee range. Council
also indicated that staff return with a recommended license fee that is in line with other
jurisdictions in the Bay Area and roughly in line with an 80-90% discount to Palo Alto’s average
ground floor retail rents.
Staff request that Council review and approve the following four (4) fees for parklets under the
parklet program by amending the FY2023-2024 Fee Schedule:
1) Initial Application fee: $2,000
2) Renewal fee: $750
3) Refundable deposit: $2,500
4) License fee for use of the public right of way: $10.71/square foot (representing an 85%
discount)
Each fee component is outlined in greater detail below.
Initial Application Fee
An initial application fee of $2,000 is proposed for the initial parklet permit under the
permanent program. This fee is based on a 100 percent cost-recoverable flat rate based on the
average number of hours it takes for staff to process an application and conduct site
inspections, including Public Works and Transportation review. A portion of this fee is also
based on the staff time required for ongoing program administration such as providing
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customer service, ensuring compliance with design and operation standards, and responding to
complaints.
Renewal Fee
Deposit Fee
License Fee
th Council
meeting, staff recommended establishing a rate per square foot using current ground floor
retail lease rates and apply a “discount” to account for the public right-of-way being unfinished
space. Other Cities that apply a use-fee for the public right-of-way include Los Altos,
Burlingame, Mountain View, Redwood City, and San Mateo. The Council indicated that staff
return with a recommended license fee that is in line with other jurisdictions in the Bay Area
and roughly in line with an 80-90% discount.
Table 1: Average 2022 Palo Alto Ground Floor Retail Rents
Discount Palo Alto Ground Floor Retail Rates
(2022)
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0%$71.37
Note: Dollar amounts represent annual rates.
At the October 24th and March 27th Council meetings, staff had proposed that the license fee
should be applied to the entirety of the parking space(s) used for the parking (i.e., inclusive of
the required setbacks from the edge of the parking space(s)). However, staff have changed the
recommendation so that the fee only applies to the parklet platform area to be more equitable
to parklet sponsors using angled parklets, which typically require more parking space(s) to
create a functional parklet space. Based on the proposed design standards and setbacks, this
rate would translate to approximately the following license fees for different parklet sizes:
•1 parallel space (72 sqft): $770 •2 angled spaces (~85 sqft): $910
•2 parallel spaces (192 sqft): $2060 •3 angled spaces (~215 sqft): $2,300
•3 parallel spaces (312 sqft):
$3,350
•4 angled spaces (~340 sqft): $3,640
The following table provides a comparison of the proposed parklet fees with other jurisdictions
(based on a 200 square foot parklet). While there is variability within each type of fee, generally
the proposed parklet fee is in line with many of other Cities’ total first year and on-going cost
for parklets, and slightly above the average cost.
Table 2: Peer Jurisdiction Fee Comparison (based on 200 sq ft parklet)
4. Legislation Creating an Ongoing Parklet Program
The legislation attached would create and codify an ongoing parklet program. Like the existing
interim program, a permit is required and technical aspects are governed by regulations. The
ordinance also codifies certain exemptions for parklets in the Zoning code found in Title 18: a
new CUP is not required for parklets in public rights of way; that parklet square footage is
exempt from parking calculations, and that Architectural Review is not required for parklets.
The ordinance also amends Title 16, Building Regulations, to allow signs to be posted on
parklets in accordance with parklet regulations without the requirement for architectural
review. The legislation also creates parklet permit fees and penalties for violations. Lastly, a
resolution identifies the specific areas of University Avenue Downtown and California Avenue
area where parklets will be allowed, and defines the permissible uses as food/beverage, retail,
and fitness. The area of California Avenue closed to traffic is not proposed to be part of this
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new ongoing parklet program at this time, and will continue to be run under the existing pilot
program.
POLICY IMPLICATIONS
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
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Additionally, on April 27, 2022, staff met with nine (9) members of the Palo Alto business
community to provide a preview of proposed permanent parklet program standards. The group
included restaurant owners and property owners in the Downtown and one restaurant/business
owner from California Avenue. Staff reviewed key areas of change being proposed to city
decision-makers for feedback. The key topics and corresponding feedback from the meeting are
summarized below:
•Design Standard Feedback: Concerns about the cost, maintenance, and visual
limitations of planters and landscaping on parklets. Strong preference for allowing
sidewalls on parklets.
•Power Supply Feedback: Concerns about cost of electric connectivity and potential
retrofitting and a preference for continued propane use.
•Program Cost Feedback: Mixed feedback with some expressing the cost should be
free given the revenue being provided to the City through sales tax, and others
suggesting a fee is appropriate for the private use of public space.
2, the Planning and Transportation Commission reviewed and
recommended the various amendments to Titles 16 and 18 as found in the attached ordinance.
These amendments would streamline the parklet application process by waiving parklets from
some requirements, including waiving architectural review and the need to amend existing
conditional use permits.
ENVIRONMENTAL REVIEW
2 Meeting Agenda: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=12359
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In addition, the proposed activity falls within the scope of CEQA Guidelines Section 15061(b)(3),
in that it can be seen with certainty that there is no possibility that the activity in question, namely
installation (in some instances) of platform structures over existing paved areas to facilitate
outdoor business activity, will have a significant effect on the environment.
ATTACHMENTS
Attachment A: Draft Palo Alto Permanent Parklet Program Regulations
Attachment B: Ordinance Creating New Chapter 12.11 (Parklets) and Amending Certain
Sections of Titles 16 and 18
Attachment C: Resolution Designating Certain Areas of the University Avenue Downtown and
California Avenue Area as Eligible for Parklets
Attachment D: Ordinance Amending the FY24 Municipal Fee Schedule Creating New Fees
Related to Parklets
Attachment E: Resolution Amending the Administrative Penalty Schedule to Add Penalties for
Violation of PAMC Chapter 12.11
Attachment F: Overview of the History of the Parklet Program
Attachment G: Parklet Barrier Evaluation Results
Attachment H: Alternative Parklet Size and Quantity Standard
APPROVED BY:
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DRAFT PALO ALTO PERMANENT PARKLETS PROGRAM
I. INTRODUCTION
The City of Palo Alto has developed a Permanent Parklet Program that will allow for parklet installations
eligible areas of Palo Alto. The program is designed with the intended purpose of supporting the
of the public realm and enhancing the civic experience of diners, pedestrians, motorists, and
The following standards outline the requirements for parklet installation including location, materials,
design. The City of Palo Alto will review all parklet permit applications and will only approve parklets
are able to meet the standards. Due to the unique circumstances of each proposed parklet location,
parklets may require additional review by key departments (as outlined).
All parklets—including installations previously installed under the pilot parklet program—will require a
Permanent Parklet Permit from the City of Palo Alto. Application requirements are outlined in
IV (A) Submittal Requirements.
Parklets are permitted in conjunction with legally existing and permitted eating and drinking
uses as well as commercial uses including retail and fitness establishments. Any and all
activity must be contained within the parklet space and not encroach into the sidewalk, public
‐of‐way, or roadway.
II. GLOSSARY
Due to the unique design and placement of parklets, there are several terms with distinct meanings that
be understood in order to implement the standards.
1. Enclosure—Protective Bbarrier/railing that follows the parklet edge.
Platform Edge—The outermost edge of the parklet platform.
Parklet Footprint—The total area within the platform edge that can be utilized by a project
Platform—Base of the parklet that is at grade with the sidewalk.
Travel Lane—Portion of the street with active automobile traffic.
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FIGURE 1: Key Terms
III.LOCATION AND SETBACK REQUIREMENTS
Location
The location of a parklet is dependent on the eligibility criteria, which varies based on the type of
space a parklet will occupy (parallel parking spaces, angled spaces, and non‐standard spaces).
1. Eligibility
a. Parklets are only permitted in the University Ave and California Ave downtown
Parklets are only permitted on streets with speed limits of 25 mph or less.
Parklets are only permitted on streets with a running slope (grade) of 5 percent or
Parklets cannot be installed in any portion of a travel lane at any time.
When located near an intersection, parklets must be located at least 20 feet from
rear most boundary of a crosswalk at the nearest intersection of the street
If there is an existing planter in the curb lane within 20 feet of the
this distance may be reduced.
f. Parklets are not permitted in any existing restricted area (i.e., loading zone, no
zone, bus zone, etc.).
g. Parklets must be located directly in front of the parklet operator’s storefront.
Parklets may extend beyond the applicant’s store front but may not extend
structures above the parklet barrier (e.g., sidewalls, roofs, trellises)
the parklet operator’s storefront without a letter of consent (see
VI. 12).
If a parklet (with or without a roof) will encroach in front of neighboring
written notice will be sent to any affected neighbor(s) both at the time
permit application and annual renewal.
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i. If a neighboring business wishes to utilize the parking space(s) in front of
storefront for their own parklet, they must apply for their own parklet
30 days of receiving the notice.
The parklet owner of the encroaching parklet must remove and/or alter
parklet (applying for applicable permits) within 90 days of receiving
of a competing claim for the space(s).
2. Parklet Size and Quantity
a. Parklets with roofs or trellises shall be a maximum of 350 square feet in size.
Businesses are allowed up to two (2) parklets.
Parklets within parallel parking spaces are permitted to occupy up to 2 parking
Parklets within angled parking spaces are permitted to occupy up to 3 parking
3. Parallel Parking
a. Standard parallel parking space dimensions are as follows:
i. Parallel parking space adjacent to a curb: 8‐feet wide and 20‐feet long
ii. Parallel parking space adjacent to a wall: 10‐feet wide and 20‐feet long
b. For parallel parking spaces, the parklet structure must be set back 48 inches (4 feet)
from adjacent marked parking spaces. This 4‐foot setback must be kept clear at all
times for emergency access.
c. The platform edge shall be 2 feet back from the outer edge of the parking space it
occupies. For all parallel parking spaces located on public streets within the City of
Palo Alto, this shall be 2 feet from the exterior edge (closest to traffic) of marked
parking T’s (where they exist). This is shown in Figure 2.
d. In no case shall a parklet be placed within the 2‐foot area measured from the outer
edge of the parking space. These 2 feet shall be kept clear at all times. The only
objects which shall lawfully occupy this space are reflective delineator posts, or their
equal.
e. Parallel parking spaces adjacent to a curb typically measure 8 feet wide by 20 feet
long. The dimensions of a parklet in one parking space could be 6 feet wide and 12
feet long. This is because of the 2‐foot setback from the outer edge of the parking
space and the 4‐foot setbacks from the adjacent parking spaces.
f. Parallel parking space measurements may vary across the City of Palo Alto. As a
of this variation, some parklets may measure less than 6 feet wide. If the
parking stall width is less than 8 (eight) feet, the parklet shall be 2 feet less
the parking stall width.
Parklets located in the downtown area that are between a bulb‐out tree planter do
require a 4‐foot setback from the adjacent parking spaces.
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FIGURE 2: Dimensions of a Parallel Parking Space Parklet
Image not to scale
4. Angle Parking Spaces
a. Standard angled parking space dimensions are as follows:
45‐degree angle parking space: 8.5‐feet wide and 21.2‐feet long
60‐degree angle parking space: 8.5‐feet wide and 19.7‐feet long
75‐degree angle parking space: 8.5‐feet wide and 20.2‐feet long
90‐degree angle parking space: 8.5‐feet wide and 17.5‐feet long
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b. A parklet in an angle parking space shall consist of up to 3 4 contiguous angles
spaces.
A parklet platform shall be 3 feet back from the rear edge of the existing angled
space. For angled parking spaces located on public streets within the City of
Alto, this shall be 3 feet from the exterior edge (closest to traffic) of the marked
stall. This is shown in Figure 3.
In no case shall a parklet be placed within the 3‐foot area measured from the rear
of the parking space. These 3 feet shall be kept clear at all times for emergency
The only objects which shall lawfully occupy this space are reflective delineator
or their equal.
f. For angled parking spaces, the edge of the parklet must be set back 3 feet from the
parking space on either space.
i. Angled parking space measurements may vary across the City of Palo Alto.
a result of this variation, some parklets may measure less than the
8.5‐feet wide. If the existing parking stall width is less than 8.5‐feet,
parklet shall be setback 3 feet from the parking stall striping.
ii. For non‐standard angled parking spaces, the edge of the parklet structure
be set back 3 feet from the adjacent parking space on either side. (This
to all angle parking spaces along University Avenue as nearly all are
FIGURE 3: Dimensions of an Angled Parking Space Parklet
Image not to scale
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B.Parklet Setbacks
1. Setbacks
a. As stated above, all parklets in parallel parking spaces must be setback 4 feet from
the adjacent parking spaces. This setback shall be delineated by a concrete wheel
affixed to the street (see figure 2 above and ‘Traffic Safety’ below).
The setback between two adjacent parallel space parklets shall be 8 feet
4‐foot setbacks).
b. As stated above, all parklets in angled parking spaces must be setback 3 feet from
parking spaces and 3 feet from the rear edge of the parking space (see
3).
The setback between two adjacent angled space parklets shall be 8 feet
4‐foot setbacks).
All parklets are required to include 15‐foot setback from adjacent driveways, as
from the highest point of the curb cut (i.e., the top of the adjacent
wing).
c.d. Parklets are prohibited in front of active driveways or on curved street segments.
setback may not contain seating and must be clear at all times for emergency
2. Sidewalk Area
a. Neither the construction nor operation of the parklet shall interfere with, obstruct,
otherwise diminish the adjacent sidewalk and pedestrian path of travel.
All walkways and sidewalks shall maintain at least 8 feet clear path of travel.
A parklet cannot operate in conjunction with sidewalk dining. Eligible applicants
elect to operate a parklet or sidewalk dining. This ensures sidewalks remain
and available for pedestrian travel.
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C.Other Location Criteria
1. Proximity to Utilities and Public Facilities
a. Parklets must not block public utilities, bus stops, driveways,
vaults, or other in‐ground infrastructure.
Parklets shall not be placed over gas main or gas services due to
hazards.
Parklets located next to alleys (as defined under PAMC 18.04.030(a)8) must
set back at least 15 (fifteen) feet from the driveway, as measured from the
point of the curb cut (i.e., the top of the adjacent driveway wing).
Parklets shall be placed no closer than 50 feet from a bus stop loading zone.
Parklets shall be placed no closer than 15 feet from fire hydrants.
Parklets shall not be placed within a 5‐foot radius of a manhole cover to allow
maintenance access.
f. Parklets shall be placed no closer than 5 linear feet from a storm drain catch
Parklet construction and design must allow access to the catch basin
shall not obstruct the catch basin.
g. In the event a proposed parklet location is in conflict with public
infrastructure (i.e., public signage, benches, etc.), the applicant shall reach
out to Public Works to evaluate the possibility of relocating the
infrastructure. If relocation is not possible, the applicant shall redesign the
parklet to fit with the existing infrastructure.Public Works Department shall
meet with the applicant to evaluate relocation of the infrastructure.
Relocation of any infrastructure may not be possible.
2. Fire Safety
a. No portion of the parklet or associated seating shall block FDC or associated
b. The business address shall be visible from the street and cannot shall not be
obstructed by the parklet and associated materials.
Subject to direction from the Fire Marshal, address signage may be
on parklets subject to the following standards:
1. Address numbers shall be a minimum of one‐half inch (0.5")
stroke by four inches (4") high .
2. The street number shall be displayed, not the street name.
1.3. The street number shall be a contrasting color to the
background material.
3. Street Trees
a. Structures built as part of a parklet (e.g., platform, barriers, sidewalls, roofs) must be
least 3 feet away from tree trunks or major branches.
i. Encroachment of structures to tree trunks or major branches closer than 3
must be approved by urban forestry.
a. Any portion of the proposed parklet must maintain the following clearances
from existing street trees:
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i. Horizontal clearance equal to a 2‐foot radius around the tree well.
does not apply to raised tree wells.
Vertical clearance of 3 feet measured from the highest point of the
(if proposing a parklet with a roof).
At no time shall there be materials placed in the tree well area or
City planters.
b. To discourage patrons from stepping on tree wells and possibly damaging
roots, where needed, a railing shall be installed on the parklet platform
to the tree well. This will alter the path patrons travel, limiting
stepping on the tree roots.
4. Bike Facilities
a. Bicycle racks or other bicycle facilities shall not be removed, made unusable,
otherwise disturbed or obstructed by the construction or operation of a
Any parklet design that proposes such disruption shall require review
and approval of the Office of Transportation. Relocation of an
bicycle facility may be subject to additional fees.
Applicants are encouraged to incorporate bike parking into their parklet
5. Accessibility
a. The sidewalk and parklet path of travel must comply with the appropriate
with Disabilities Act (ADA) and California Building Code (CBC)
11B accessibility provisions. (See Section IV.5)
The parklet path of travel must comply with CBC chapter 10 exiting
IV. PARKLET DESIGN
The following guidelines describe both the safety and design requirements for parklet applications
standards for:
A. Platform
B. Enclosure
C. Traffic Safety
D. Furnishings & Fixtures
A.Platform
1. Structural
a. Parklets shall be constructed with quality materials and shall be of natural durable
wood (such as redwood, cedar, etc.), preservative treated wood, or other
engineered material suitable for exterior conditions.
b. The parklet platform must support 100 pounds per square foot of live load.
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c. All fastening hardware and fasteners adjacent to and into preservative treated wood
be made of one of the following: hot‐dipped zinc coated galvanized steel,
steel, silicon bronze, or copper.
2. Drainage & Ventilation
a. The underside of the platform shall be constructed to allow for seasonal drainage.
Adequate cross ventilation shall be installed to allow for the surface to dry within
hours.
Openings under the platform shall be screened with corrosion‐resistant material
a maximum 0.25‐inch mesh.
Parklets shall not impede the flow of curbside drainage. The parklet design shall
a minimum 6.5‐inch wide clearance from sidewalk curb along the entire
of the parklet. Openings at either end of the parklet shall be covered with
to prevent debris buildup beneath the parklet and in the gutter. The closure
can must be removable for easy access for under platform inspection as
See Figure 4 for suggested platform attachment design details.
3. Platform Attachment
a. The parklet shall be anchored to the City street and/or curb. Any anchoring
into the public street will require Underground Service Alert (USA)
and additional staff review. Platform system shall be anchored at
of 6 feet apart in each direction to the roadway to avoid movement
an earthquake. See Figure 4.
Limit anchoring to 6‐12 inches embedment in the street.
The grate support along the curb face shall be anchored to the curb. The anchor
be installed perpendicular to the curb (per the detail provided in figure 4).
The manner of anchoring shall be through a pre‐drilled hole into the curb
a concrete anchor bolt. Limit anchoring to 3‐4 inches embedment in the
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FIGURE 4: Platform Attachment Detail
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4. Roofs
a. Structural
Complete roof framing plan, which includes horizontal and vertical bracing,
is required to be submitted with structural calculations that meet the
standards in the 2022 California Building Code. A licensed civil and/or
structural engineer who is registered in the State of California, shall stamp
and sign the plan and associated calculations, as well as conduct an onsite
structural observation to ensure the roof structural system and its
supporting elements were built according to the plans prior to occupancy.
ii. All connector hardware and fasteners shall be resistant to corrosion and
listed as compatible to the framing material.
iii. Roofs may be a solid uniform material or open construction (i.e., trellis,
pergola, etc.)
iv. Roofs shall not be attached or connected to a building.
v. Roofs shall slope toward the street to ensure rainwater drains into the
street.
vi. Gutters and rain leaders are required.
Roofs shall not extend over the public sidewalk.
The roof’s outer edges along the travel lane may extend 6 inches beyond
footprint at 8 feet or above to allow for attachment of the rain
and gutters only.
b. Height/location
i. The roof shall be a minimum height of 8 feet provided the adjacent sidewalk
at least 8 feet wide. If the adjacent sidewalk is less than 8 feet wide, the
will need to consult with the Palo Alto Fire Department.
A parklet roof shall measure no taller than 12 feet, as measured from the
grade.
ii.iii.Roofs are not permitted in front of any neighboring storefronts without
a letter of consent (see section IV. 12).
c. Materials
Rooftop material may be of plywood sheathing, polycarbonate sheets, or
metal.
If plywood sheathing is used, it must be painted or stained.
ii. If fabric shade sails or similar fabric coverings are proposed, the fabric cover
be limited to the top portion of the parklet and not extend to
sides perpendicular to the street or sidewalk. All fabric coverings
be of all‐weather and flame retardant materials excluding vinyl. All
and all interior decorative fabrics or materials shall be flame resistant
accordance with the provisions set forth in CCR, Title 19, Division 1,
8.
1. The applicant shall provide certification that the fabric
is flame resistant with any of the following:
NFPA 701 certification
2. ASTM E84 or UL 723
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ii.iii.Roof material may be a solid uniform material or open construction (i.e.,
trellis, pergola, etc.).
iii.iv. All exposed wood is required to be treated for exposure to weather.
5. Accessibility
a. The parklet shall comply with the Americans with Disabilities Act (ADA).
The surface of the parklet platform must be flush with the adjacent sidewalk with a
gap of 0.25 inches and 0.25 inches vertical tolerance.
A minimum 4‐foot‐wide accessible path of travel and 5‐foot‐diameter (60 inches)
space must be maintained within the parklet.
d. Any abrupt changes in elevation exceeding 4 inches along an accessible path of
shall be identified by 6‐inch‐tall warning curbs.
e. Parklets shall utilize outdoor grade reflective tape to mark changes in grade.
At least 5 percent of the seating spaces and 5 percent of the standing spaces shall be
Accessible spaces must meet the following requirements:
International Symbol of Accessibility displayed at the table.
Table surface between 28 to 34 inches.
iii. Minimum 27 inches of space from the floor to the bottom of the table.
Knee clearance extends at least 19 inches under the table.
Total clear floor area of 30 inches by 48 inches per seat
vi. Maintain an accessible path of travel to the accessible table.
FIGURE 5: Accessible Table and Chair ADA Requirements
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FIGURE 6: Example Floorplan
B.Enclosures
1. Dimensions & Load
a. For user safety, parklets are required to include a continuous enclosure along the
platform edge adjacent to the travel lane and parking spaces. The sidewalk
of the parklet may be enclosed or open.
i. All parklets in which alcoholic beverages are served shall be enclosed on all
of the parklet edge, as required by the Department of Alcoholic
Control.
b. The continuous enclosure shall include a periodic barrier, which may be planters or
heavy material, along the parklet edge.
i. The periodic barrier shall weigh at least 500 pounds when filled with soil,
water, or concrete.
The periodic barrier shall be placed at least every 6 feet along the parklet
parallel to the travel lane.
The periodic barrier shall measure at least 16 inches in depth, and a height
at least 36 inches and no more than 38 inches measured from the surface
the platform.
c.b. The enclosure must be at leastshall be 4236 inches in height and no more than 38
in height, measured from the surface of the platform.
Any gaps in the enclosure shall be smaller than a 4‐inch sphere.
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e.d.The enclosure must be capable of withstanding at least 200 pounds of horizontal
2. Palo Alto Fire Department (PAFD) Emergency Access (Figure 7)
a. The PAFD may require aA minimum 3‐foot‐wide emergency gap, with vertical and
horizontal clearance, is required for every 20 feet of enclosure length.
b. The gap must be kept clear of any tables, chairs, bike racks, poles, walls, roofs, or
other elements.
c. The barrier in the emergency access gap shall be easily removable by emergency
and provide a latch or hinge that allows easy access.
The latch shall be placed on the outside of the barrier, facing the travel lane.
The hinge shall open a minimum of 90 degrees.
iii. Any gaps in the barrier shall be smaller than a 4‐inch sphere.
FIGURE 7: Emergency Access Example
3. Design
a. Enclosure materials must be high‐quality, durable, and non‐reflective including but
limited to hardwood, steel, concrete planters, etc.
Materials that are not permitted: particle board, vinyl, soft plastic or tarps.
Street facing colors used on the exterior of enclosure must be matte‐finish paint or
stain.
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c. Parklets shall integrate and/or incorporate vegetation into the enclosure (edge
at least every 6 feet.
The height of any plants contained within planters in setback or planters serving as a
platform enclosure shall not impede or obstruct the view from the travel
to the sidewalk and vice‐versa.
i. Plant material shall not impede or hinder pedestrian and vehicular visibility.
FIGURE 8: Example Parklet Enclosure
4. Sidewalls
a. Parklets may include a hard, transparent screen between the enclosure and the roof
provide a windscreen for parklet users.
i. The sidewall screen must be completely transparent and not obstruct
from the travel lane to the sidewalk and vice‐versa.
Materials that are not permitted: vinyl, soft plastic, glass or tarps.
ii.iii.Sidewalls are not permitted in front of any neighboring storefronts
without a letter of consent (see section IV. 12).
C.Traffic Safety
1. Wheel Stops
a. Parallel parking stalls:
When a parklet is adjacent to active parallel parking spaces, a wheel stop
must be installed to delineate the 4‐foot setback from adjacent parking
(see figure 2 above). The wheel stop shall measure 3 feet long by 4
high (see figure 9). It shall be constructed of concrete or rubber.
b. Angled parking stalls:
i. When a parklet is adjacent to an active angled parking space, a wheel stop
be installed in the center of the parking space next to the parklet
(see figure 3 above).
Angled parking stalls with wheel stops shall also have “No Parking” painted
the buffer zone and wheel stop.
i.iii. Angled parking stalls with wheel stops shall also have a planter behind the
stop to promote visibility.
b.c. Affixing Wheel Stops
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i. Drilled‐in Wheel stops: A permittee will need (USA) clearance to anchor a
wheel stop into the road.
FIGURE 89: Wheel Stop
c.d. Location (parallel parking space)
i. The wheel stop shall be placed 1 foot from the curb at the edge of the front
space.
A wheel stop shall be placed 1 foot from the curb at the edge of the rear
space.
iii. Wheel stops shall be placed 4 feet from the parklet structure.
e. Location (angled parking space)
iii.i. The wheel stop shall be centered in the parking space next to the parklet
structure (see Figure 3 above).
d.f. Exceptions
i. Parklets extending the length between two in‐street tree wells, as on
Avenue, may omit wheel stops.
Wheel stops are not required between two adjacent parklets with no active
stalls between them.
2. Reflective Delineators
a. The parklet shall include installation of the California Manual of Uniform Traffic
Devices (MUTCD) approved delineator posts or flexible bollards. Examples of
devices are illustrated in Figures 10 and 11.
FIGURE 910: Reflective Delineator (Left
Lane)
FIGURE 101: Reflective Delineator (Right
Lane)
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b. Location
Delineator posts shall be surface mounted to the roadway via epoxy and/or
glue down methods.
ii. Reflective delineators must be installed at the outside corners of the parklet.
channelizers or posts must align with the end of the platform and not
on the travel lane.
Additional delineators must be placed every 20 10 feet (maximum spacing)
the 2‐foot buffer (parallel spaces) or 3‐foot buffer (angled spaces) zone
the lane of travel—but not in the lane of travel.
c. Dimensions
i. Right side of trave lane – Delineators shall be 42 inches high and white with
reflective bands for use on the right side of a travel lane.
Left side of travel lane – Delineators shall be 42 inches high and be white
yellow reflective bands if used on the left edge of a travel lane.
d. Maintenance
i. Maintenance of the delineator posts shall be the responsibility of the permit
Permittee shall replace any missing or damaged delineators within 24 hours
a delineator’s failure or within 24 hours’ notice from the City.
D.Furnishings & Fixtures
1. Materials
a. Parklet furnishings and fixtures must be high‐quality, durable, outdoor‐rated, and
non‐reflective including but not limited to: hardwood, steel, concrete, etc.
i. Materials that are not permitted: particle board and vinyl.
2. Electrical Power Supply
a. A weatherproof GFCI electrical outlet may be installed (with applicable permits) on
exterior of the building at a minimum of 10 feet above the walking surface.
Electrical power supply to the parklet, including the outlet, shall comply with
wiring methods as outlined in the adopted California Electrical
Power cords between the building and the parklet shall be secured to one (1) single
guide wire between the building and the parklet structure.
No extension cords shall be permitted for fixed lighting or heaters.
No power cords or conduits are allowed on or under the sidewalk.
Parklet power source shall not be pulled from city sidewalk lighting or supported by
e. Generators are not allowed in association with parklets.
3. Lighting
a. The following types of lighting and fixtures are permitted:
String lights;
Solar powered and/or rechargeable battery powered table lights; and
The use of electrical adaptors and power strips are prohibited.
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c. All lighting must be rated for exterior use, listed, and carry a product certificate for
intended use by a recognized electrical testing laboratory.
Lighting must be LED only
Lighting shall be limited to the parklet area and not encroach into any portion of the
sidewalk.
Lighting shall be of the lowest intensity and energy use adequate for its purpose and
designed to focus illumination downward to avoid excessive illumination above
light fixture with a maximum of 100 watts or 1600 lumens, whichever is greater,
fixture.
Applicants interested in lighting should consider solar‐powered lighting that use a
battery.
h. If installing permanent lighting on the parklet or adding the exterior GFCI receptacle
the building per IV(D)2a, an electrical permit shall be obtained and shall comply
permanent wiring methods as outlined in the adopted California Electrical
4. Heaters
a. Electrical heaters are allowed on parklets.
i. Electric heaters must be an outdoor approved type
Electric heaters must be located on the parklet in accordance with the
instructions and specifications.
Electric heaters must be placed at least 3 feet away from any combustible
or as required by Manufacturer’s installation instruction,
is more restrictive.
A fire extinguisher is required to be mounted within sight and have
signage per the Fire Code.
Use of electric heaters must comply with the power supply requirements in
IV.D.2.
vi. Any electrical equipment must be listed and carry a product certificate for its
intended use by a recognized electrical testing laboratory.
b. Propane heaters are permitted with a HAZMAT permit and CERS submittal.
i. hazmat permit is required for storage and use of liquid propane gas. A site
plan with the desired location of each heater is required at time of the
hazmat permit application. A final onsite hazmat inspection will be
conducted to ensure the proper spacing of heaters form combustibles and
emergency access/egress and storage of LPG.
1. Proposed outdoor storage of 20‐pound containers requires
review and inspection.
On‐site storage of 20‐pound propane contains (5 gal) is
indoors.
Propane storage is not allowed in the public right‐of‐way.
If businesses do not have an approved private outdoor storage
all propane containers must be removed from the
at the close of business every day.
LPG Heaters are not permitted on the sidewalk in the
path of travel
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6. LPG heaters cannot be placed underneath overhead canopies,
inside buildings or tents and they must have 5‐feet
from any flammable materials
Any use of a portable heater, portable generator, candles,
flame or any activity regulated by the Fire code must be
and permitted by the Palo Alto Fire Department
from the parklet permit.
5. Umbrellas
a. Permitted Umbrella Types:
i. Table Umbrella
Tilting Umbrella
Off‐set/ Cantilever Umbrella
b. No portion of an umbrella shall extend beyond the edge and/or enclosure of the
on any side.
No umbrella shall obstruct the view from the street between 3 and 8 feet, measured
the street, from any side.
6. Signage
a. Parklet signage is limited to 6 square feet and shall be limited to the name of the
and shall be non‐illuminated and non‐reflective. Letters can be no taller
15 inches.
Businesses are permitted one sign on their parklet, total.
Signs must be affixed to the outer most portion of the parklet enclosure no higher
36 inches from the street grade.
d. No form of advertising is permitted to be painted or mounted on any surface or area
the parklet.
e. If a signage post is in conflict with the proposed parklet, the applicant shall reach out
Public Works to evaluate the possibility of relocating the post. If relocation is not
the applicant shall redesign the parklet to fit with the existing post.
Any existing parking signs installed adjacent to the parklet shall be removed from
sign post by the applicant and retuned to the Public Works Department. must be
with opaque plastic; such coverage or illegibility shall occur only in manners
by the City of Palo Alto through its Department of Public Works and/or its
of Transportation.
7. Seating & Furniture
a. Accessibility
i. The establishment must provide 5 percent accessible seating for each type
of seating provided (table, booth, etc.) or a minimum of one seat per type,
is greater, in an outdoor seating area where the slope is no
than 2 percent in any direction.
ii. Such ADA accessible seating shall be of the same size and appearance as the
other outdoor seating.
Refer to Section IV(A)(5) for additional accessibility requirements
b. Street Furniture
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i. Street furniture including tables, chairs, benches, etc. shall be all‐weather,
of a high‐quality material.
FIGURE 112: Street Furniture Examples
8. Landscape
a. Vegetation shall be comprised of native, low‐water use, and drought‐tolerant plants.
No plants shall have thorns, spikes, or sharp edges.
Poisonous or invasive plants are not permitted.
9. Televisions
a. Televisions are not permitted in parklets.
V. Operational Standards
A. Private Control
1. Parklets will be considered under the control of the permit holder. The permit holder is
responsible for securing the parklet and any fixtures and furnishings contained within it at all
times, including during hours when the associated business is not in operation.
Alcohol ServiceB.
1. Businesses with pParklets that serve alcoholic beverages on the parklet shall include
fencing or other barriers to delineate the space and adhere to Department of
Beverage Control (ABC) regulations.
a. As described in the Enclosure section above, all parklets in which alcoholic beverages
served shall be enclosed on all sides of the parklet edge, as required by the
of alcoholic beverage control.
2. All physical requirements of ABC should be reflected in the design submitted for review.
A Conditional Use Permit (CUP) is required to allow alcohol service at a parklet.
Site MaintenanceC.
1. Parklets and the sidewalk adjacent to the parklet shall be kept clean and litter free. Any food
drink stain shall be cleaned up immediately. Power washing is required monthly.
The drainage grates at the side of the parklet shall be maintained and kept clean and clear at
times to allow free flow of water. Any debris and leaves shall be removed immediately by
permittee.
1. Parklets shall be maintained free of litter and debris.
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2. The parklet area and adjacent sidewalk shall be scrubbed and mopped to remove any food or
stains on a daily basis by the permittee.
D.Hours of Operation
1. The parklet shall adhere to the same approved hours of operation as the associated business.
In the Neighborhood Commercial (CN) or Service Commercial (CS) zone districts, a CUP is
to operate between the hours of 10:00 p.m. and 6:00 a.m. and approval conditions for
during these hours are to ensure the operation is compatible with the abutting (or
50 feet of) residential property.
Amplified Sound
1. Amplified is not permitted on parklets. Any ambient sound may only originate from the
of the business’s occupied building.
VI.PERMIT APPLICATION REQUIREMENTS
A.Submittal Requirements
1. Site Plan—Site plan shall be drawn to scale on 11 x17 tabloid paper, include all pertinent
and the following information:
a. Location of the business frontage
Dimensions of the parklet platform
ADA accessibility measurements
d. Setbacks from adjacent parking spaces and the adjacent traffic lane
Locations of traffic protection improvements including wheel stops, reflective
etc.
Location of public utilities including any manhole covers, gutter drains, fire hydrants,
FDCs, light poles, etc. and their distances to the parklet
Any adjacent installations on the sidewalk including utility boxes, street signs, bike
street furniture, street trees, tree wells, etc. and their distances to the parklet
Existing parking space striping
i. Crosswalks, bus stops, driveways and their distances to the parklet
Width of sidewalk
Planters (if applicable)
2. Floor Plan
a. Floor Plan of the proposed parklet showing the following information:
i. Total number and location of tables and seats and/or benches on parklet
ii. Dimensions of tables, seats, and benches on parklet
3. Elevations
a. Elevation drawing showing the following information:
Height and design of platform railings/guards or edge buffersenclosure
Height and design of roof (if applicable)
Heating, lighting, other electrical equipment
Power connection (show distance from ground to overhead wire)
Storm water drainage
g. Cross‐section drawing of parklet
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4. Construction Drawing showing the following information:
a. Structural drawings
b. Structural calculations for the enclosure(if applying for parklet with roof)
Complete roof framing plan (for parklets with roofs), including the following:
horizontal and vertical bracing,
ii. structural calculations that meet the standards in the 2022 California
Code.
i.iii.Stamp and signature from a licensed civil and/or structural engineer who is
in the State of California
b.d.Heating, lighting, other electrical equipment
c.e. Electrical power connection/source
5. Pictures of Existing Conditions—The application should include at least three photos showing
existing built parklet, if applicable, the proposed parking space(s) converted into a parklet,
adjacent sidewalk and store frontage
6. List of materials and equipment
a. Materials palette showing the following information:
Proposed materials for platform
ii. Proposed materials for railings or edge buffers/enclosure
Proposed furnishings
Roof material (if applicable)
b. Equipment sheet including:
i. Image of equipment
ii. Any manufacturer instructions
c. Planters
d. Type of plants
7. Parklet Information:
a. Number of parking spaces requested
Perpendicular or angled spaces
Color of curb
Proposed use of parklet
Business hours of operation
Parklet Designer/ Architect/ Engineer/ Construction Firm contact (if applicable)
Signage (if applicable)
8. Business Information
a. Business Address
b. City of Palo Alto Business License Number
9. Business Owner Information
10. Property Owner Information (if different than applicant)
11. Insurance Documents
12. Letter(s) of Consent – A parklet applicant must get a letter of consent from the neighboring
ground‐floor tenant(s) and building owner(s) if more than half of a marked parking space is not
in front of the applicant’s storefront, or if any part of an unmarked parking spacethe
applicant’s parklet has any structure above the enclosure (e.g., sidewall, roof, trellis) that is not
in front of the applicant’s storefront (see Appendix A).
a. Parklet sponsor must obtain an up‐to‐date letter of consent for any future license
renewals as requested by Public Works during future permit renewal processes.If
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the tenancy and/or ownership of the neighboring property changes, Public Works
require the parklet sponsor to submit an updated letter of consent to continue
any space extending into a neighboring frontage regardless of the status of
parklet license at the time of change of ownership/tenancy.
a.
i. Consent to occupy neighboring space as part of a parklet permit is revocable
nature; and, if such support is revoked,If a parklet sponsor cannot obtain
up‐to‐date letter of consent, or if parklet occupancy is not in accordance
the terms of any applicable law, these regulations, and/or any permit
the parklet sponsor is responsible for the removal of any
placed in the right of way under the parklet permit, including any
portion of the parklet permit extending into a neighboring
within 90‐days.
b. Parklet sponsor must obtain an up‐to‐date letter of consent for any future license
renewals as requested by Public Works during future permit renewal processes.
13. Indemnity Acknowledgement
Failure to MaintainB.
A parklet sponsor who fails to properly and sufficiently maintain the cleanliness, safety, and accessibility
their parklet may be subject to violations and fines. If maintenance issues are not resolved, the City
revoke the encroachment permit and the parklet sponsor may be required by the City to remove
parklet at their own expense.
C.Utility Maintenance & Public Safety
Because a parklet may sit atop buried utilities, there may be instances where a parklet will need to be
to access a utility beneath it. In the event of necessary utility maintenance or the unlikely
of a utility failure such as a gas leak or water main break that threatens public safety, the City or
owner may remove parklets with little or no notice. Parklet sponsors are responsible for the cost
re‐installing and restoring any damage to the parklet.
In instances of advanced notice (such as street repaving, planned maintenance, etc., the parklet sponsor
need to remove and reinstall the parklet at their sole expense. If the sponsor cannot remove the
the City will remove the parklet.
D.Parklet Removal
If for some reason the parklet sponsor decides no longer wants to maintain a parklet, the parklet
is responsible for notifying the City and removing it at the parklet sponsors’ own expense.
upon removal the parklet area shall be cleaned and restored to its previous condition to
satisfaction of the City.
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E.Parklet Fees Permit Fee, License Fee, and Deposit
Parklets are subject to the following fees outlined in the City’s Fee Schedule:
1. Permit Application Fee
Deposit Fee (refundable)
Permit Renewal Fee
Annual License Fee
a. This fee will be charged per square foot based on the total parklet platform area.
[Note: Fee methodology for permit and license annual or monthly fee is still to be determined].
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Appendix A: Sample Letter of Consent
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NOT YET ADOPTED
274_20230830_ts24 1
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Creating an Ongoing
Parklet Program
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
1. During the COVID-19 epidemic, the City of Palo Alto allowed commercial businesses to
operate on public streets, parking lots, and other City right-of-ways and real property. At
the outset, these uses were permitted, in part, in recognition of the higher risk of COVID-
19 transmission in enclosed indoor spaces.
2. These uses were first permitted under Ordinance 5500, adopted June 23, 2020, and
continued under subsequent interim ordinances. These uncodified interim ordinances
automatically sunset after specified amounts of time and required the City Council to re-
authorize the interim parklet program several times.
3. Through this ordinance, the City Council now desires to establish an ongoing parklet
program by creating new PAMC Chapter 12.11 (“Parklets”). In addition, the City Council
seeks to amend specific sections of Titles 16 (Building Regulations) and 18 (Zoning
Requirements) to exempt parklets from some existing requirements.
4. As part of an ongoing parklet program, this ordinance is being considered with additional
pieces of legislation: (1) an ordinance to create new parklet fees in the Municipal Fee
Schedule; (2) a resolution to create new administrative penalties in the Adminsitrative
Penalty Schedule; and (3) a resolution to designate certain areas of the University Avenue
downtown and the California Avenuue area pursuant to new PAMC section 12.11.040 to
generally allow for parklets in that area.
SECTION 2. New chapter 12.11 (Parklets) is hereby added to Title 12 (Public Works and
Utilities) to read as follows:
Chapter 12.11
Parklets
12.11.010 Definitions
The following definitions apply to this Chapter:
(a) Parklet is a fixed encroachment placed in the curbside lane that is used principally for
commercial activity to the general public.
(b) Person includes a natural person or any type of corporate entity recognized by law, or
any combination thereof.
Item 10
Attachment B - Ordinance
Creating New Chapter
12.11 (Parklets) and
Amending Certain
Sections of Titles 16 and
18
Item 10: Staff Report Pg. 38 Packet Pg. 130 of 193
NOT YET ADOPTED
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12.11.020 Permit required
No person shall erect, construct, alter, repair, raise, build or move any parklet or portion thereof
upon any easement, right-of-way or parcel of land conveyed, granted or dedicated in any manner
to the city for street, drainage, sewer or public utility purposes, provided that the Director of
Public Works or designee may grant a revocable permit to the owner to construct such structure
or to do such work when in their opinion the construction and maintenance thereof would not
interfere with any city facilities located in such easement and would not be detrimental to the
best interest of the city.
(a) Such permit shall be subject to revocation at any time by the Director of Public Works
or designee and would be subject to such terms and conditions as the city manager
or designee may consider reasonable for the protection of the best interests of the
city including but not limited to provisions that the permittee shall hold the city, its
officers, agents and employees free and harmless from any liability for injuries to
persons or property resulting from the construction or maintenance of such
encroachment and that the removal of the structure when so requested by the city
manager or designee shall be at the permittee's expense.
(b) Such permit shall also provide that upon failure of the permittee to remove such
structure within a reasonable time after notice from the city manager or his designee,
the same may be abated and removed by the city and the cost thereof billed to the
permitteee.
(c) Notwithstanding PAMC Section 2.30.210(h), the Director of Public Works or their
designee may execute a permit issued under this Chapter that includes the rent, lease,
license or use of City real property for a term up to three years at a time.
(d) If the City is required to move or alter City infrastructure in order to enable a parklet
to be located in a specific location, the City may seek reimbursement of such costs as
a condition of granting the permit.
(e) Permits issued under this Chapter shall not be transferable. In the case a permittee
intends to transfer operation of a parklet to another person, the new proposed
operator must apply for a new permit.
(f) No person shall encumber any City property interest granted under this Chapter and
any such encumbrance shall be void as a matter of law.
(g) Permits shall be issued only in areas designated pursuant to PAMC section 12.11.040.
(h) Parklets shall not be eligible for an encroachment permit under PAMC Chapter 12.10.
12.11.030 Fees
All applicable fees authorized by the City’s Municipal Fee Schedule must be paid prior to the
issuance or renewal of any permit issued under this Chapter. A permit shall not be valid unless
and until all applicable fees are paid to the City.
12.11.040 Location and Uses of Parklets
The City Council shall, by ordinance or resolution, designate area(s) of the City in which Director
of Public Works or designee may issue permits for parklets under this Chapter. The City Council
shall also specify the allowable uses for parklets in such area(s). Such designation does not
Item 10
Attachment B - Ordinance
Creating New Chapter
12.11 (Parklets) and
Amending Certain
Sections of Titles 16 and
18
Item 10: Staff Report Pg. 39 Packet Pg. 131 of 193
NOT YET ADOPTED
274_20230830_ts24 3
require the City to issue a permit to any specific person or location within such area(s) or grant
any vested rights to any person under this Chapter.
12.11.050 Regulations
The Director of Public Works or designee may promulgate regulations relating to the use,
placement, location, construction, maintenance, cleaning, operation, safety, and removal of
parklets, as well as administration of this Chapter. This authority shall be construed as broadly
as possible but shall not be interpreted to conflict with any other provision of this Chapter or
other applicable laws.
12.11.060 Violations
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this chapter, any permits or conditions thereof granted under this chapter, and
any regulations promluated under this chapter. Violators shall be subject to any penalty or
penalties authorized by law, including but not limited to: suspension or termination of permit(s)
granted under this Chapter; administrative enforcement pursuant to Chapters 1.12 and 1.16 of
this code; and criminal enforcement pursuant to Chapter 1.08 of this code. Each separate day
or any portion thereof during which any violation occurs or continues shall be deemed to
constitute a separate offense.
A person who is the holder of a permit which is terminated by the City under this Section shall
not be eligible for any new permit under this Chapter for one year from either (1) the date of
termination or (2) the date the parklet is fully removed from its location as determined by the
City, whichever is later.
12.11.070 Violations Declared a Public Nuisance
Any parklet constructed, altered, moved, replaced, or otherwise maintained, or any use of
property in a manner contrary to the provisions of this chapter and all permits and regulations
issued pursuant to it, is unlawful and a public nuisance, and the City may commence such
action or actions, proceeding or proceedings as may be deemed appropriate for the abatement,
removal, and enjoinment thereof in the manner provided by law, and shall take such other
steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will
abate and remove such building or use and restrain and enjoin any person, firm, or corporation
from constructing, altering, moving, replacing, or otherwise maintaining any parklet, or using
any property in a manner contrary to the provisions of this title. The remedies permitted for a
public nuisance shall not be exclusive and the City may take any enforcement action available
under law.
12.11.080 Enforcement - Criminal Enforcement Authority
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this chapter. The designated
employee positions are: (1) Chief Building Official; (2) City engineer; (3) code enforcement officer
(including supervisor and lead); (4) Engineering Technician III within the Public Works
Item 10
Attachment B - Ordinance
Creating New Chapter
12.11 (Parklets) and
Amending Certain
Sections of Titles 16 and
18
Item 10: Staff Report Pg. 40 Packet Pg. 132 of 193
NOT YET ADOPTED
274_20230830_ts24 4
Department; (5) Senior Engineer within the Public Works Department; (6) Director of Public
Works; and (7) Assistant Director of Public Works.
SECTION 3. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18
(Zoning) is amended to add a definition for ‘Parklet’ as follows (new text underlined):
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
. . .
(112.1) “Parklet” means an fixed encroachment placed within a public right of way
with appropriate safety installations and constructed in accordance with
established standards with approval of a permit per PAMC Chapter 12.11.
. . .
SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16
(Neighborhood, Community, and Service Commercial Districts, CN, CC and CS Districts) of Title
18 (Zoning) is amended as follows:
18.18.060 Site Development Standards
. . .
(h) Outdoor Sales and Storage:
(1) In the CN district, all permitted office and commercial activities shall be conducted within a
building, except for:
(A) Incidental sales and display of plant materials and garden supplies occupying no more
than 500 square feet of exterior sales and display area,
(B) Farmers’ markets that have obtained a conditional use permit, and
(C) Recycling centers that have obtained a conditional use permit.
(D) Parklets that have obtained a permit per PAMC Chapter 12.11.
(2) In the CC district and in the CC(2) district, the following regulations shall apply to outdoor
sales and storage:
(A) Except in shopping centers, all permitted office and commercial activities shall be
conducted within a building, except for:
(i) Incidental sales and display of plant materials and garden supplies occupying no more
than 2,000 square feet of exterior sales and display area,
(ii) Outdoor eating areas operated incidental to permitted eating and drinking services or
intensive retail uses, including parklets permitted under PAMC Chapter 12.11,
(iii) Farmers’ markets that have obtained a conditional use permit, and
(iv) Recycling centers that have obtained a conditional use permit
(B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a
conditional use permit; parklets on public property approved via permit per PAMC Chapter
12.11 are exempt from this section.
. . .
Item 10
Attachment B - Ordinance
Creating New Chapter
12.11 (Parklets) and
Amending Certain
Sections of Titles 16 and
18
Item 10: Staff Report Pg. 41 Packet Pg. 133 of 193
NOT YET ADOPTED
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(3) In the CS district, outdoor sales and display of merchandise, and outdoor eating areas
operated incidental to permitted eating and drinking services shall be permitted subject to the
following regulations:
(A) Outdoor sales and display shall not occupy a total site area exceeding the gross building
floor area on the site, except as authorized by a conditional use permit. Parklets on public
property approved via permit per PAMC Chapter 12.11 are exempt from this section.
. . .
SECTION 5. Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown
Commercial CD District) of Title 18 (Zoning) is amended as follows:
18.18.060 Site Development Standards
. . .
(h) Outdoor Sales and Storage: The following regulations shall apply to outdoor sales
and storage in the CD district:
(1) CD-C Subdistrict; In the CD-C subdistrict, the following regulations apply:
. . .
(B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a
conditional use permit; parklets on public property approved via permit per PAMC Chapter
12.11 are exempt from this section.
SECTION 6. Section 18.42.090 (Alcoholic Beverages) of Chapter 18.42 (Standards for
Special Uses) of Title 18 (Zoning) shall be amended as follows:
18.42.090 Alcoholic Beverages
. . .
(e) Alcohol Service in Parklets on Rights of Way: Establishments that are allowed by the
City to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as
required in this section or as a legal nonconforming use, and that have both an on-sale license
from the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to
serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption without
an amendment of the CUP in parklets on public property approved via permit per PAMC Chapter
12.11 or other outdoor uses approved via permit per any other relevant section of the PAMC.
Outdoor alcohol service shall be in full compliance with all applicable regulations, including ABC
regulations, as may be amended.
SECTION 7. Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility
Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) shall be
amended as follows:
18.52.40 Off-Street Parking, Loading and Bicycle Facility Requirements
. . .
Item 10
Attachment B - Ordinance
Creating New Chapter
12.11 (Parklets) and
Amending Certain
Sections of Titles 16 and
18
Item 10: Staff Report Pg. 42 Packet Pg. 134 of 193
NOT YET ADOPTED
274_20230830_ts24 6
(10) The area of a parklet permitted per Chapter 12.11 shall not be counted toward a
business’ gross floor area for the calculation of minimum off-street parking requirements
whether within a parking assessment district or outside of parking assessment districts
SECTION 8. Section 18.76.010 (Conditional Use Permit) and Section 18.76.020
(Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) shall be
amended as follows:
18.76.010 Conditional Use Permit
(b) Applicability
. . .
(4) Establishments that are allowed by the City to serve alcohol for onsite
consumption by issuance of a conditional use permit (“CUP”) as required in this
section or as a legal nonconforming use, and that have both an on-sale license from
the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC
to serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite
consumption without an amendment of the CUP in parklets on public property
approved via permit per PAMC Chapter 12.11 or other outdoor uses approved via
permit per any other relevant section of the PAMC. Outdoor alcohol service shall be
in full compliance with all applicable regulations, including ABC regulations, as may be
amended.
18.76.020 Architectural Review
(b) Applicability
(1) Exempt Projects. The following projects do not require architectural review:
. . .
(D) Parklets as defined in Chapter 18.04 and permitted per permit under Chapter
12.11, and signs that comply with the City’s adopted parklet standards affixed to
parklets shall not require Architectural Review approval. Notwithstanding PAMC
Sections 18.77.077 and 18.76.020, architectural review shall not be required for
proposed outdoor eating and drinking service areas or signage affixed to such
parklets.
SECTION 9. Section 16.20.100 (Prohibited Locations) of Chapter 16.20 (Signs) of Title
16 (Building Regulations) shall be amended as follows:
16.20.100 Prohibited Locations
Unless otherwise expressly provided in this chapter, all signs shall comply with the following
location requirements:
(a) Public Property. No sign shall be placed on any public property, including but not limited
to any city building, sidewalk, crosswalk, curb, street lamp post, hydrant, tree, shrub, tree
stake or guard, railroad trestle, electric light or power or telephone or telegraph wire pole
or wire appurtenance thereof or upon any fixture of the fire alarm system or upon any
lighting system, street sign or traffic sign, except for signs that comply with the City’s
Item 10
Attachment B - Ordinance
Creating New Chapter
12.11 (Parklets) and
Amending Certain
Sections of Titles 16 and
18
Item 10: Staff Report Pg. 43 Packet Pg. 135 of 193
NOT YET ADOPTED
274_20230830_ts24 7
adopted parklet standards affixed to parklets permitted via permit per PAMC Chapter
12.11.
. . .
SECTION 10. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 11. Environmental Review
The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines
Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible
or no permanent effects on the environment).
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Item 10
Attachment B - Ordinance
Creating New Chapter
12.11 (Parklets) and
Amending Certain
Sections of Titles 16 and
18
Item 10: Staff Report Pg. 44 Packet Pg. 136 of 193
NOT YET ADOPTED
274_20230830_ts24 8
SECTION 12. Effective Date and Enforcement
This Ordinance shall be effective on April 1, 2024 or 31 days after adoption, whichever is later.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Public Works
____________________________
Director of Planning & Development
Services
Item 10
Attachment B - Ordinance
Creating New Chapter
12.11 (Parklets) and
Amending Certain
Sections of Titles 16 and
18
Item 10: Staff Report Pg. 45 Packet Pg. 137 of 193
NOT YET ADOPTED
275_20230829_ts24
Resolution No. _____
Resolution Allowing Parklets in Certain Areas of the University Avenue
and California Avenue Areas
R E C I T A L S
A. The City Council is in the process of adopting an ordinance creating a
parklet program to be codified as new PAMC Chapter 12.11
B. That ordinance allows the City Council to designate which areas of the City
to allow parklets.
C. The City Council now intends to allow parklets in certain areas of the
University Avenue downtown and California Avenue areas.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS
FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above
Recitals as findings of the Council.
SECTION 2. Designated Area. The Council hereby designates the area detailed
in Exhibit A of this Resolution as eligible for parklets pursuant to PAMC section 12.11.040.
The permissible uses in this area are: (1) eating and drinking service; (2) retail service and
(3) fitness service.
SECTION 3. No Rights Granted. This Resolution does not create any right in
any specific person or corporate entity to a parklet, parklet permit, or to create a parklet
in a specific location within the area detailed in Exhibit A.
SECTION 4. CEQA. The Council finds that this Resolution is categorically
exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and
15304(e) (minor temporary use of land having negligible or no permanent effects on the
environment).
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Item 10
Attachment C - Resolution
Designating Certain Areas
of the University Avenue
Downtown and California
Avenue Area as Eligible
for Parklets
Item 10: Staff Report Pg. 46 Packet Pg. 138 of 193
NOT YET ADOPTED
275_20230829_ts24
SECTION 5. This Resolution shall be effective on April 1, 2024.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Director of Planning and
Development Services
Item 10
Attachment C - Resolution
Designating Certain Areas
of the University Avenue
Downtown and California
Avenue Area as Eligible
for Parklets
Item 10: Staff Report Pg. 47 Packet Pg. 139 of 193
NOT YET ADOPTED
275_20230829_ts24
Exhibit A
Area Designated for Parklets
Item 10
Attachment C - Resolution
Designating Certain Areas
of the University Avenue
Downtown and California
Avenue Area as Eligible
for Parklets
Item 10: Staff Report Pg. 48 Packet Pg. 140 of 193
NOT YET ADOPTED
275_20230829_ts24
Item 10
Attachment C - Resolution
Designating Certain Areas
of the University Avenue
Downtown and California
Avenue Area as Eligible
for Parklets
Item 10: Staff Report Pg. 49 Packet Pg. 141 of 193
*NOT YET APPROVED*
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276_20230829_ts24
Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2024
Municipal Fee Schedule to Add Fees Related to Parklets
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The City plans to implement a parklet program with the adoption of new PAMC
Chapter 12.11.
B. As part of the parklet program, the City will charge certain fees detailed below.
SECTION 2. The Council of the City of Palo Alto amends the Fiscal Year 2024 Municipal
Fee Schedule by adding the following fees for parklets:
Fiscal Year 2024 Municipal Fee Schedule
Public Works
Parklets (PAMC Chapter 12.11)
SECTION 3. The fees in this Ordinance are for either: a specific government service
provided directly to the payor that is not provided to those not charged and which does not
exceed the reasonable costs to the local government of providing the service or product; or a
charge imposed for the use of local government property. Pursuant to Art. XIII C, Section 1(e)(2)
and (4) of the California Constitution, these fees are not a tax.
SECTION 4. The Council finds that this ordinance is not a “project” under CEQA
because it has no potential for resulting in either a direct or reasonable foreseeable indirect
change in the environment.
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Item 10
Attachment D - Ordinance
Amending the FY24
Municipal Fee Schedule
Creating New Fees
Related to Parklets
Item 10: Staff Report Pg. 50 Packet Pg. 142 of 193
*NOT YET APPROVED*
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SECTION 5. This ordinance shall be effective on April 1, 2024 as an amendment to the
City’s FY24 budget.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director, Planning & Development Services
____________________________
Director, Public Works
____________________________
Director of Administrative
Services
Item 10
Attachment D - Ordinance
Amending the FY24
Municipal Fee Schedule
Creating New Fees
Related to Parklets
Item 10: Staff Report Pg. 51 Packet Pg. 143 of 193
*NOT YET APPROVED*
1
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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. 10113
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. 10113 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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 52 Packet Pg. 144 of 193
*NOT YET APPROVED*
2
277_20230829_ts24
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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 53 Packet Pg. 145 of 193
*NOT YET APPROVED*
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277_20230829_ts24
Second and subsequent violations. 1000
5.20.080 Number of containers required. 250
5.20.090 Collection of recyclable materials. 250 for Commercial Premises
50 for Residential Premises
5.20.100 Collection of compostable materials. 250 for Commercial Premises
50 for Residential Premises
5.20.105 Contamination of containers. 250 for Commercial Premises
50 for Residential Premises
5.20.108 Multifamily properties/Commercial premises. 250
5.20.109 Requirements for special events. 100
5.20.111 Self-haul in violation of code 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
5.30.025(a)-(d) Limitation on use of Disposable Foodware items 100
and other Disposable products.
5.30.025(e) Prohibition of third-party vendors providing utensils 350
or condiments unless requested by customer.
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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 54 Packet Pg. 146 of 193
*NOT YET APPROVED*
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277_20230829_ts24
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
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. 250
Leaf blower noise- second violation 500
Leaf blower noise- third and subsequent violation 1000
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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 55 Packet Pg. 147 of 193
*NOT YET APPROVED*
5
277_20230829_ts24
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
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
12.11.010 Building parklet on public right-of-way without 1000
permit
12.11.060 Violation of Chapter 12.11, permit, or regulations 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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 56 Packet Pg. 148 of 193
*NOT YET APPROVED*
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277_20230829_ts24
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
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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 57 Packet Pg. 149 of 193
*NOT YET APPROVED*
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277_20230829_ts24
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
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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 58 Packet Pg. 150 of 193
*NOT YET APPROVED*
8
277_20230829_ts24
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
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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 59 Packet Pg. 151 of 193
*NOT YET APPROVED*
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277_20230829_ts24
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
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. 10113 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
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 60 Packet Pg. 152 of 193
*NOT YET APPROVED*
10
277_20230829_ts24
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.
SECTION 3. Vehicle Code Civil Penalties. The civil penalty schedule for violations of the
California Vehicle Code established by Resolution No. 10113 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.
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 61 Packet Pg. 153 of 193
*NOT YET APPROVED*
11
277_20230829_ts24
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.
SECTION 5. This resolution shall become effective on the date that Ordinance No. _____
becomes effective.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
________________________________ ________________________________
City Clerk Mayor
________________________________ ________________________________
Assistant City Attorney City Manager
________________________________
Director of Planning and
Development Services
Item 10
Attachment E - Resolution
Amending the
Administrative Penalty
Schedule to Add Penalties
for Violation of PAMC
Chapter 12.11
Item 10: Staff Report Pg. 62 Packet Pg. 154 of 193
Attachment F: Overview of the History of the Parklet Program
• June 23, 20201 (City Council): City Council adopted a pilot parklet program with Ordinance No.
5500, which temporarily permitted businesses to operate outdoors in lieu of normal zoning and
parking requirements, and Resolution No. 9909, which provided additional implementation
guidelines for the pilot parklet program.
• April 19, 20212 (City Council): Council directed staff to develop a permanent parklet program
with the input of the Architectural Review Board and extend the pilot program to December 31,
2021.
• September 13, 20213 (City Council): The pilot program was extended to June 30, 2022.
• April 27th, 2022 (Community Engagement): Staff met with nine (9) members of the Palo Alto
business community to provide a preview of proposed permanent parklet program standards.
The group included restaurant owners and property owners in the Downtown and one
restaurant/business owner from California Avenue.
• May 5, 20224 (ARB): Staff presented draft standards for the permanent parklet program to the
ARB to receive initial feedback on the draft program standards.
• May 9, 2022 5(City Council): Staff presented draft standards for the permanent parklet program
to City Council to receive initial feedback on the draft program standards. The City Council
extended the pilot program to the end of 2022.
• June 1, 2022 (ARB ad-hoc): An ARB ad-hoc committee provided further feedback on the draft
program standards.
• July 21, 20226 (ARB): Staff presented revised standards to the ARB based on the May 5th ARB
meeting, May 9th Council meeting and June 1st ARB ad-hoc committee meeting.
o ARB recommendations included in the permanent standards include: allowing clear
panels above the enclosure, prohibiting televisions, allowing greater flexibility in the size
of plants permitted, prohibiting tent-like structures and vinyl materials.
• October 24, 20227 (City Council): City staff returned to the City Council to present the refined
permanent parklet standards based on ARB and staff input, receive feedback on the program
standards and operations, and extend the temporary parklet program through June 30, 2023.
Council directed staff to do the following:
o Implement the draft permanent standards upon adoption of a permanent parklet
ordinance,
1 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3031&compileOutputType=1
2 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3457&compileOutputType=1
3 Staff Report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3325&compileOutputType=1 .
4 Staff report: https://www.cityofpaloalto.org/files/assets/public/agendas -minutes-reports/agendas-
minutes/architectural-review-board/2022/arb-05.05.2022-public-agenda.pdf
5 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3643&compileOutp utType=1
6 Staff Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/architectural-review-board/2022/arb-07.21.2022-public-agenda.pdf
7 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9096&compileOutputType=1
Item 10
Attachment F - Overview
of the History of the
Parklet Program
Item 10: Staff Report Pg. 63 Packet Pg. 155 of 193
o Require a letter of consent in if a parklet used 50% or more of a parking space not in
front of their store, and
o Return to Council with a recommendation continuing propane use, establishing parklet
fees, and limiting amplified sound to only come from buildings.
• March 13, 20238 (continued March 27, 2023) (City Council): Staff returned to Council to present
revised standards implementing Council’s previous direction, and to receive Council’s feedback
on limiting the size and scale of parklets, parklet fees, and letter of consent requirements. Staff
recommended that the Council limit parklet size to a maximum of two parallel parking spaces or
three angled spaces and require letters of consent consistent with the October 2022 direction.
Staff presented several factors that affected the maximum size recommendation; these included
fire safety and electrical panel capacity, providing greater certainty around restaurant
occupancy increases, and limiting encroachment over neighboring storefronts. After a robust
discussion, Council directed staff to implement the following standards:
o Require a letter of consent for parklets that extend structures (e.g., sidewalls, roofs,
trellises) beyond the applicant’s storefront. Non-structured parklet areas are allowed to
extend beyond the applicant’s storefront without a letter of consent.
o Tenants who wish to utilize a parking space in front of their store may do so after 90
days.
o Limit the size of covered parklets to 350 square feet but allow businesses up to two (2)
parklets, provided they are limited in location to the tenant’s street frontage.
o Require parklet owners to keep parklet areas and sidewalks clean.
Council also directed staff to return with the following:
o Incentives for the use of electric heating.
o Proposals on greater safety from vehicles such as k-rail or concrete barrier on the
leading-edge corners.
o A fee recommendation on the low end of fees.
• May 8, 20239 (City Council): Council extended the pilot program to March 31, 2024.
8 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=1093&c ompileOutputType=1
9 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=11199&compileOutputType=1
Item 10
Attachment F - Overview
of the History of the
Parklet Program
Item 10: Staff Report Pg. 64 Packet Pg. 156 of 193
Attachment G: Parklet Barrier Evaluation Results
Table: Barrier Evaluation Results
Barrier Type Traffic Safety Pedestrian Safety
1 Temporary K
Railing
32” high
Anchored to
pavement
• Exact load resistance requires testing, but is likely able
to meet 6,000 lb load resistance.
• A K rail is intended to deflect the vehicle back into the
roadway. This does not mean that it will not move. Any
pedestrian or table abutting this barrier could still be
affected by a vehicle impact. Type K railing anchored
into a foundation could further restrict barrier
movement, however, without a testing program, this
system performance is unknown and cannot be
verified.
• The railing does not protect the pedestrian from flying
vehicle debris that may be associated with a vehicle
hitting the barrier.
• At only 32 inches in
height, the railing does
not meet the height
limit of a 42 inch tall
guard rail. Additional
railing would need to
be attached on top of
the K rail to meet this
requirement
2 Concrete Barrier
Type 60M (Plan
A76A).
42” high
Unanchored
Same as above • Meets guardrail
requirements.
3 500lb Water or Soil
Filled Structure
Unanchored
• Capable of resisting a 117-pound lateral force. • Does not meet
guardrail requirements.
4 10’ long Planter
filled with soil
42” tall
• Capable of resisting a 490 lb lateral force.
• Not sufficient to serve as a traffic barrier.
• Flying debris from a broken planter may hit a parklet
occupant creating an additional hazard.
• Meets guardrail
requirements.
5 10’ long concrete
planter filled with
soil
• Capable of resisting a 2,540 lb lateral force.
• Not sufficient to serve as a traffic barrier.
• Flying debris from a broken planter may hit a parklet
occupant creating an additional hazard.
• Meets guardrail
requirements.
6 Bollards
24” diameter
Embedded 36”
deep
• Capable of resisting a 550 lb lateral force.
• Not sufficient to serve as a traffic barrier.
• Bollards with added
horizontal railings can
meet guardrail
requirements.
7 Specified guard rail
Embedded into 1’ x
1’8” foundation
• Not sufficient to serve as a traffic barrier. • Meets guardrail
requirements.
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Attachment G - Parklet
Barrier Evaluation Results
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1
Attachment H: Proposed Parklet Size and Quantity Standard
2. Parklet Size and Quantity
a. Businesses are limited to one (1) parklet up to 350 square feet in size.
i. Parklet applications for parklets beyond one (1) parklet and/or greater
than 350 square feet in size may be subject to additional standards and
will be evaluated on a case-by-case basis.
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Attachment H -
Alternative Parklet Size
and Quantity Standard
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Community Services
Meeting Date: September 11, 2023
Report #:2307-1737
TITLE
Receive the Human Relation Commission’s Recommendations on the Evaluation and
Celebration of Additional Dates to Advance Race & Equity, Including Through City Recognition
and City Paid Holidays and Provide Direction to Staff on Further Actions. CEQA status – not a
project.
RECOMMENDATION
Staff recommends that City Council:
1. Receive the Human Relation Commission’s recommendations responding to the Council
referral on the evaluation and celebration of additional dates to Advance Race & Equity
and provide direction to staff on the implementation of HRC recommendations including
which to further pursue (subject to meet-and-confer as necessary).
2. Refer the proposed standard framework and procedure for considering City recognition
of events, individuals, and celebrations to staff for further review and refinement.
EXECUTIVE SUMMARY
The Human Relations Commission is responding to a Council referral to consider ways to
recognize key dates to advance race and equity. In doing so, they also created a standard
framework and procedure when considering City recognition of events, individuals, and
celebrations for the Council’s consideration.
Concurrent with the HRC review, the City Council has successfully completed multi-year contracts
with all the City’s labor groups which included discussions surrounding recognition of key dates
to advance race and equity. New contracts include a new provision, implemented in summer
2023, for a Day of Reflection/Historical Significance as a floating holiday for employees to be
taken on any workday. Any changes to the City’s designated holidays would require a change to
Palo Alto Municipal Code Section 2.08.100; a City holiday determines whether “municipal
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business” is to be suspended and would also require staff to meet and confer with the City’s
employee bargaining units.
BACKGROUND
1 in which they recommended the local
recognition and celebration of dates of historic significance that provide “an important
opportunity to increase community awareness and for us to acknowledge the struggles and
accomplishments of groups who have been fundamental to the development of American
society.”
MOTION: The City Council voted to formally recognize and celebrate the following dates:
A. Juneteenth, Cesar Chavez and Dolores Huerta Day, and add Indigenous Peoples’ Day
as dates of historic significance, and May as Asian American Native Hawaiian/Pacific
Islander Heritage Month;
B. Authorize Proclamations celebrating the above dates;
C. Refer to the Human Relations Commission recommendations on how to best recognize
and celebrate these dates (ones above); and
D. Ask the HRC to evaluate recognition of Holocaust Remembrance Day and Armenian
Remembrance Day and evaluate if October 11th should be re-designated as Italian
Heritage Day.
1 City Council, March 7, 2022; Agenda Item #7. https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/agendas-minutes/city-council-agendas-minutes/2022/20220307/20220307pccsmamendedfinal-
linked.pdf
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The HRC discussed the Council referral at its meetings on June 9, 20222, August 11, 20223, and
September 8, 20224, and used as background and discussion guide a report5 written by Human
Services staff. The June meeting was a discussion to review the staff report and ask questions
about the referral, and motions were entertained at the August 11th and September 8th, 2022
meetings. Specifically, the HRC was asked to consider:
•How best to recognize and celebrate the holidays listed in the Council motion
•Evaluation of the addition of Holocaust Remembrance Day and Armenian Remembrance
Day for local recognition
•Whether October 11th should be re-designated as ‘Italian Heritage Day’ (note: the HRC
recommendation on this was reported to Council on September 12, 20226)
HRC MOTION: The HRC recommends that the second Monday in October be recognized
as Indigenous Peoples’ Day and Columbus Day to be as inclusive as possible.
7.
2 Human Relations Commission, June 9, 2022; Agenda Item #3.
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/human-relations-
commission/2022/6.09/20220609ahrcr.pdf
3 Human Relations Commission, August 11, 2022; Agenda Item #4.
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/human-relations-
commission/2022/8.11/8-11-22-agenda.pdf
4 Human Relations Commission, September 8, 2022; Agenda Item #5.
https://www.cityofpaloalto.org/files/assets/public/community-services/human-relations-
commission/agendas/2022/9-8-22-hrc-agenda.pdf
5 Human Relations Commission, June 9, 2022; Agenda Item #3.
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/human-relations-
commission/2022/6.09/20220609cmrhrc3.pdf
6 City Council, September 12, 2022; Agenda Item #11; SR #14689.
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20220912/20220912pccsm-amended-v2.pdf
7 City Council, September 12, 2022; Agenda Item #11; Action Minutes.
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20220912/20220912amccsm.pdf
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The HRC resumed discussion and consideration of the remaining Council referrals at their
September 8, 2022 meeting8. The Commission also reviewed a framework to present to Council
for use when considering new holidays/observance days in the future and used this framework
as a “test run” in the review and consideration of the Council referred dates of significance.
ANALYSIS
HRC Proposed Standard Framework & Procedure When Considering City Recognition Activities
Categories Description
Calls to Service (Service
Events, Days of Service
Times of Celebration
Awareness Days/Months
Days of Remembrance
Affinity Group Celebrations
8 Human Relations Commission, September 8, 2022; Agenda Item #5. Action Minutes.
https://www.cityofpaloalto.org/files/assets/public/community-services/human-relations-
commission/minutes/2022/9-8-22-hrc-minutes.pdf
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Process for submission of consideration:
•Council Initiated
•Community Initiated
•Staff Initiated
•Commission Initiated
•Commission recommendation to Council
•Staff Approved
•Council Approved
Level Description
Base Level
Mid-Level
High Level
Council Referral Requesting the Review of Days of Significance
MOTION: The HRC recommends to Council that it formally add Holocaust Remembrance
Day and Armenian Remembrance Day for local recognition.
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Native Hawaiian, Pacific Islander (AANHPI) month, Holocaust Remembrance Day and Armenian
Remembrance Day.
Holiday/Day of
Significance
HRC Recommendation for Recognition & Celebration
Summarized
Juneteenth, June 19 •Add to the City’s paid holidays
•City join East Palo Alto in annual celebration event(s)
Cesar Chavez, March 31
Dolores Huerta, April 10
•Add March 31 (state recognized day for Cesar Chavez) to the
City‘s paid holidays and recognize both, Cesar Chavez Day and
Dolores Huerta Day
•City to connect with local LatinX and women’s groups to
support and create awareness of Cesar Chavez and Dolores
Huerta Day
Indigenous Peoples’ Day,
2nd Monday October
•Recognize as both Columbus Day and Indigenous Peoples’ Day
➢Currently recognized as a City paid holiday and referred
to as “Indigenous Peoples’ Day and Italian Heritage Day”,
removing reference to Columbus Day as of 2022
•City to connect with local Indigenous groups to support
existing activities and to create new ones, such as a land
acknowledgement ceremony at City Hall
Asian American, Native
Hawaiian, Pacific Islander
(AANHPI) month, May
•City to connect with local AANHPI affinity groups to support
existing activities and possibly create new ones
•Palo Alto Library and Palo Alto Council of Parent Teacher
Associations (PTAC) also produce AANHPI awareness events
Holocaust Remembrance
Day, January 27
Armenian Remembrance
Day, April 24
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This Council, in response to this report, may receive this report from the HRC, or receive the
report and provide direction to staff to implement all or pieces of the recommended recognition
and celebration activities. Impacts of these recommendations range from the ability to support
through existing resources, to amendments to the City’s municipal code for changes to the City’s
designated holidays and labor agreements with the City’s various unions. City holidays are
designated in the Palo Alto Municipal Code Sections 2.08.100, and a designation as a City holiday
determines if “municipal business” is to be suspended.
FISCAL/RESOURCE IMPACT
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STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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ATTACHMENT A
Below is a summary of the HRC’s “test run” of the framework and procedures for when
considering city recognition activities for the days of significance requested by the City Council .
Juneteenth (June 19)
Observed: June 19/Federal Holiday
Categories: Time of Celebration, Day of Remembrance, Awareness Day, Affinity
Process: Community and Council initiated
Type of Approval: Commission recommendation to Council
Level: High Level
HRC Motion: The HRC recommends that Juneteenth be added to the City’s paid holidays and
that the City join East Palo Alto in celebration event(s).
Cesar Chavez & Dolores Huerta Day
Observed: Cesar Chavez (March 31/State Holiday), Dolores Huerta (April 10)
Categories: Call to Service, Affinity Group, Time of Celebration
Process: Council Initiated
Type of Approval: Commission recommendation to Council
Level: Mid-Level
HRC MOTION: The HRC recommends to Council that Cesar Chavez Day and Dolores Huerta Day
be observed on March 31 (state recognized day for Cesar Chavez). To observe the date, the
commission recommends for the city to connect with local LatinX and women’s groups to
support and create awareness of Cesar Chavez and Dolores Huerta Day. Additionally, the
commission recommends for the day to be added to the City’s paid holidays (Cesar Chavez Day
is currently a paid holiday for the employees of Santa Clara Coun ty).
Indigenous Peoples’ Day
Observed: Second Monday in October (See note *)
Categories: Day of Remembrance, Affinity Groups, Day of Awareness
Process: Council initiated
Type of Approval: Commission recommended to Council
Level: High Level
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Attachment A - HRC
Recommendations via
Lens of Proposed
Standard Framework
Item 11: Staff Report Pg. 9 Packet Pg. 167 of 193
*Note: The HRC recommended to Council that the second Monday in October be recognized as
both Columbus Day and Indigenous Peoples’ Day, however; Council voted to recognize the
second Monday in October as both Indigenous Peoples’ Day and Italian Heritage Day, removing
reference to Columbus Day.
HRC MOTION: The HRC recommends to Council that Indigenous Peoples’ Day be recognized by
the city through connecting with local indigenous groups to support existing activities and to
create new ones, such as a land acknowledgement ceremony at City Hall.
Asian American, Native Hawaiian, Pacific Islander (AANHPI) month (May)
Observed: May
Categories: Awareness, Affinity Group, Call to Service
Process: Community Initiation, Council Initiated
Type of Approval: Commission recommendation to Council
Level: Mid-Level
HRC MOTION: The HRC recommends that Asian American, Native Haw aiian, Pacific Islander
Month (AANHPI) be recognized by the city through connecting with local AANHPI affinity
groups to support existing activities and to possibly create new ones. In addition to affinity
groups, the Palo Alto Library and Palo Alto Council of Parent Teacher Associations (PTAC) also
produce AANHPI awareness events.
Holocaust Remembrance Day
Observed: January 27
Categories: Day of Remembrance, Awareness Day
Process: Council and community initiated
Type of Approval: Commission recommendation
Level: Mid-Level
HRC MOTION: The HRC recommends that Holocaust Remembrance Day be recognized by the
city through connecting with local Jewish affinity groups to support existing activities and to
possibly create new ones.
Armenian Remembrance Day
Observed: April 24
Category: Day of Remembrance
Process: Council initiated
Type of Approval: Commission recommendation to Council
Level: Base level
HRC MOTION: The HRC recommends that Armenian Remembrance Day be recognized by the
City through a proclamation.
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Attachment A - HRC
Recommendations via
Lens of Proposed
Standard Framework
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Administrative Services
Meeting Date: September 11, 2023
Report #:2305-1451
TITLE
FY 2023 Significant Gifts and Donations to the City
RECOMMENDATION
This is an informational report; no Council action is required.
DISCUSSION
The City of Palo Alto’s Policy and Procedures 1-18, Gift and Donations to the City of Palo Alto
(Attachment A) requires annual reports to the City Council regarding significant gifts that have
been accepted on behalf of the City.
In compliance with this policy, Attachment B lists all the significant gifts (over $5,000) received
during Fiscal Year 2023. All gifts had a designated purpose as stated under the “Use of Gift”
column. Staff monitors designated restrictions to comply with the Donor’s request.
In addition, in mid-2008 the Fair Political Practices Commission (FPPC) adopted new regulations
relating to gifts benefitting specific employees. The new regulations contain guidelines on when
these types of gifts should be disclosed as gifts to the City. Gifts required to be disclosed
pursuant to this regulation are now also reported on the new FPPC Form 801, and that gift
information is now posted to the City Clerk’s web page1 as required by the FPPC.
Annual reports of gifts will continue to be provided to the Council. Form 801 information will be
available on the City Clerk’s website throughout the year as gifts are received.
ATTACHMENTS
Attachment A: Gifts to the City Policy 1-18: Gifts and Donations to the City of Palo Alto
Attachment B: Significant Gifts and Donations Received in FY 2023 Over $5,000
APPROVED BY: Kiely Nose, Assistant City Manager
1 City Clerk’s web page - https://www.cityofpaloalto.org/Departments/City-Clerk/Gifts-to-the-City
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Attachment A
POLICY AND PROCEDURES 1-18
Revised: October 1, 2014
Effective: December 1, 1989
GIFTS AND DONATIONS TO THE CITY OF PALO ALTO
POLICY STATEMENT
The purpose of this policy is to:
• Establish uniform procedures for the receipt of gifts to the City of Palo Alto;
Comply with the Political Reform Act and Fair Political Practices Commission
It is essential that gifts be properly reported and reviewed carefully for impact on the
City employees are prohibited from accepting personal gifts (see Section 1301, Merit
.
Applicability of this Policy
The procedures stated in Section A apply to gifts offered or given to the City, gifts
The Fair Political Practices Commission has adopted requirements (2 Cal.Code Regs.
18944.2) for reporting payments made to agencies that would otherwise constitute gifts
Attachment A - 1
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Attachment A - Gifts to
the City Policy 1-18 Gifts
and Donations to the City
of Palo Alto
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Attachment A
Table 1 summarizes acknowledgement and reporting requirements for gifts.
PROCEDURES
A.City Requirements for Accepting and Acknowledging Gifts
Department heads, including Council Appointed Officers, are authorized to accept gifts
Thresholds for implementation of the procedures vary with the category of the gift, as
The estimated value of a gift is based on the donor's estimate. The City will not
Gifts accepted by the City become the property of the City of Palo Alto and are to be
Gifts made to officials directly or for which the donor donors designates by name, class,
Department heads should review material gifts to:
• determine what the estimated costs to the City will be for any related installation,
Acknowledgment of Gifts
Attachment A - 2
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Attachment A - Gifts to
the City Policy 1-18 Gifts
and Donations to the City
of Palo Alto
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Attachment A
1. Within thirty (30) days of receipt of a gift, the department head must send an
acknowledgment letter if the gift is worth $100 or more, thanking the donor on behalf of
the City of Palo Alto.
a. The letter should clearly identify the gift and confirm the placement of the
b. Gifts to a governmental entity are treated similarly to charitable contributions
c. Except for gifts of cash or cash equivalents, where the donor amount is
Your gift may be tax deductible. To determine the amount you may
d. The department head or his/her designee will sign the letter and forward a copy
e. For a particularly significant gift (over $5,000), recipient department head in
2. The recipient department head, in consultation with the ASD Director, will
determine if the gift warrants a public announcement and in what manner it should be
made. The donor will be notified in advance of any announcement, and has the right to
request anonymity.
3. The ASD Director is responsible for:
a. maintaining a record of all gifts that are accepted, including a description of the
b. reporting annually any significant gifts over $5,000 to the City Council
Attachment A - 3
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Attachment A - Gifts to
the City Policy 1-18 Gifts
and Donations to the City
of Palo Alto
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Attachment A
4. Each department should also maintain a record of all gifts that are accepted,
which includes a description of the gift, the donor's name and address, the date the gift
was received, and the disposition of the gift.
B.Fair Political Practices Commission Requirements for Accepting and
In addition to the requirements listed above, departments receiving gifts to the City must
Payments or similar gifts that are controlled by the City and used for official City
(1) City controls use of payment: The city manager or designee must
(2) Official City business. The payment must be used for official City
(3) Reporting. Within 30 days after use of the payment, the head of the
(4) Limitations on payments for travel. Payments for travel, including
Attachment A - 4
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Attachment A - Gifts to
the City Policy 1-18 Gifts
and Donations to the City
of Palo Alto
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Attachment A
City’s reimbursement rates for travel, meals, lodging, and other actual and
NOTE: Questions and/or clarification of this policy should be directed to the
Attachments:
Attachment A: Table 1- Summary of Gift Categories and Reporting Requirements
Attachment A - 5
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Attachment A - Gifts to
the City Policy 1-18 Gifts
and Donations to the City
of Palo Alto
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Attachment A
Table 1
Summary of Gift Categories and Reporting Requirements
Copy of
acknowledge‐
ment to ASD?
Account
information re
deposit to ASD?
Form 801 to CityGift Category Acknowledge‐
ment Letter
Other Requirements
Cash or cash equivalent that
be used for official City
over $100 (cash,
check, money order, travelers
check, cashier’s check or
online donation)
or cash equivalent that
be used by an individual
for official city
X X X
For payments used for official travel, see
set forth in policy section B(4).X
Stocks, other securities Contact ASD re deposition of this type of
The City’s investment policy (1‐39)
purchase of stocks, but the City
accept them as gifts if sold within a
amount of time and ASD
determines that cost of sale will
exceed cost of stock.
X X
Services (skilled services
by a business or
firm)
Department head evaluates services to
impact to department’s
budget or CIP.
City’s Risk Manager to determine
liability exposure.
item has a value of $5,000 or more, also
ASD Director with documentation
value of gift for fixed assets
X X
Material Gifts (Objects of art,
property, other
Real Property (Privately
land and/or land
All gifts require approval from ASD Real Estate Division and should be referred there. Real Estate/ASD will submit a written
to the City Council for acceptance or rejection of the gift.
Attachment A - 6
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Attachment A - Gifts to the City
Policy 1-18 Gifts and Donations to
the City of Palo Alto
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Significant Gifts and Donations Received FY 2023 Over $5,000
Attachment B
Date Donor Dept Gift Use of Gift
7/1/2022
2/7/2023 Pacific Library Partnership (PLP)
Redistribution of PLP funds for collections database purchases as per the
California Library Services Act (CLSA) for Enki and OverDrive
12/20/2022
Annual donation from Palo Alto Art Center Foundation to City of Palo Alto
12/20/2021
Annual donation from Palo Alto Art Center Foundation to City of Palo Alto
to support staffing positions at Art Center. *This donation was
inadvertently left off the list last year*
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Attachment B - Significant Gifts and
Donations Received in FY 2023 Over
$5,000
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Planning and Development Services
Meeting Date: September 11, 2023
Report #:2308-1861
TITLE
Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 2 of CY 2023)
RECOMMENDATION
This is an informational report, and no action is required.
BACKGROUND
This report transmits information related to application and period activity for accessory
dwelling units (ADU), including junior accessory dwelling units (JADU). Since 2015, the City has
received 605 ADU/JADU building permit applications and issued 429 permits. In CY 2022, the
City received the highest volume of ADU applications in a one-year period. The data for quarter
1 and 2 of 2023 shows a slight reduction in application submittals on a year-to-year basis, but
the number of applications submitted remains robust.
As it relates to the Housing Element, the data continues to support the anticipated housing unit
production expected from ADU/JADUs for the current housing element cycle. In the first half of
CY 2023, the ADU applications range from 230 to 999 square feet, with an average size of 536
square feet. Approximately 48% and 52% of the applications were located north and south,
respectively, of Oregon Expressway. Further details can be found in Table 1 of Attachment A.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15061 of the California
Environmental Quality Act Guidelines.
ATTACHMENTS
Attachment A: Table 1 ADU Data for Quarters 1 and 2 of CY 2023
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
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Table 1: Summary of ADU Permits from Calendar Year 2015-2023
Category 2015 2016 2017 2018 2019 2020 2021 2022 2023
New ADU Applications
Filed1 10 9 28 55 75 78 136 151 62
Permits: Ready to Issue
(City Approved)2 8 5 12 39 62 46 112 127 60
Permits: Issued (Permit
Obtained)3 8 5 12 36 62 43 89 120
55
Permits: Final
Inspection Approved4 3 4 9 12 33 46 37 62 49
Permits Expired 1 1 2
Detached ADUs
(Submitted)5 20 35 52 52 80 80 28
Detached ADUs
(Issued)5 8 24 41 33 55 64 26
Attached ADUs
(Submitted)6 8 20 23 20 56 44 26
Attached ADUs
(Issued)6 4 11 21 9 34 32 24
Junior ADUs
(Submitted)7 1 1 1 25 27 19
Junior ADUs (Issued)7 1 1 1 9 24 12
Average Application
Processing Time (Days
Including Weekends)8
127 214 118 183 135 197 162 193 211
Average Construction
Time (Days Including
Weekends)9
578 751 330 287 173 262 455 431 494
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Attachment A - Table 1
ADU Data for Quarters 1
and 2 of CY 2023
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Category 2015 2016 2017 2018 2019 2020 2021 2022 2023
City Impact Fees
Collected for New
ADUs10
$451,514 $402,012 $198,962 $44,057 $139,592 $540,453
$165,965
ADU Size Smallest 150 SF 159 SF 220 SF 208 SF 178 SF 192 SF 230 SF
ADU Size Largest 900 SF 900 SF 1,031 SF 1,000 SF 1,218 SF 2,217 SF 999 SF
Average ADU Size 470 SF 469 SF 383 SF 518 SF 550 SF 589 SF 536 SF
ADU Location
Relative to
Oregon
Expressway
North 46% 49% 52% 55% 49% 52% 48%
South 54% 51% 48% 45% 51% 48% 52%
Source: City of Palo Alto Accela Data January 2015 through June 2023
Notes:
1. Any ADU/JADU Application SUBMITTED for the year
2. Any ADU/JADU application Permit 'READY TO Issue' for the year (regardless of when it was submitted)
3. Any ADU/JADU Permit ISSUED for the year (regardless of when it was submitted)
4. Any ADU/JADU Permit receiving a Final Inspection (Ready to Occupy) for the year, regardless of when the
application wassubmitted. Years 2015-2017 data point not available.
5. Any Detached ADU Permit Application submitted for the year/Any Detached ADU Permit Issued for the year,
regardless of when the application was submitted. Years 2015 -2016 data point not available.
6. Any Attached ADU Permit Application submitted for the year/Any Attached ADU Permit Issued for the year,
regardless of when the application was submitted. Years 2015 -2016 data point not available.
7. Any JADU Permit Application submitted for the year/Any JADU Permit Issued for the year, regardless of when
the application was submitted. Years 2015-2016 data point not available.
8. Average number of days from permit application submittal to when permit is approved and ready to issue. This
average includes weekends and days application is pending due to applicant preparation of resubmittal or
additional information from applicant.
9. Average number of days from permit issued to final inspection completed. This average includes weekends and
days staff is waiting for applicant to schedule the next required inspection; it also includes time related to the
construction of a primary residence when the J/ADU is built at the same time.
10. Impact Fees collected for ADU’s permitted for the year. Years 2015 -2016 data point not available.
Item 13
Attachment A - Table 1
ADU Data for Quarters 1
and 2 of CY 2023
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Administrative Services
Meeting Date: September 11, 2023
Report #:2305-1450
TITLE
Biannual Reports of Contracts Awarded by the City Manager, Procurement Officer or Other
Designated Employees
RECOMMENDATION
This is an informational report, no action is required.
ANALYSIS
Palo Alto Municipal Code (PAMC) Section 2.30.710(a) requires the City Manager to provide a
biannual report to Council consisting of contracts awarded by the City Manager, Procurement
Officer or other designated employees for:
1. Goods contracts $85,000 through $250,000 per year (Attachment A), and
2. Professional and General Services $25,000 through $85,000 and Public Works Contracts
$85,000 through $250,000 per year (Attachment B).
The contracts in Attachment A consist of eighteen (18) distinct awards for goods, and the
contracts in Attachment B consist of sixty-seven (67) distinct awards for a wide range of services.
These awards are a core element of the efficient and effective provision of services by the City to
our community and reflect extensive coordination and prudent decision-making among
operating departments, the Administrative Services Department, the City Attorney's Office, and
City Clerk's Office.
For informational purposes, Attachment C provides excerpts from the PAMC that set forth the
authority designated by Council to the Procurement Officer to award and sign contracts (PAMC
2.30.200), City Manager to award and sign contracts (PAMC 2.30.210), and exemptions from
competitive solicitation (PAMC 2.30.360 and 2.30.900), as noted for certain contracts listed in
Attachments A and B.I
Item 14
Item 14 Staff Report
Item 14: Staff Report Pg. 1 Packet Pg. 180 of 193
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
Item 14
Item 14 Staff Report
Item 14: Staff Report Pg. 2 Packet Pg. 181 of 193
ATTACHMENT A
Goods Contracts Awarded $85,000 through $250,000 per year
January 1, 2023 through June 30,2023
Contract Awarded To Award Date Award Amount Number of Bids
Sent/Received
Description
BADGER METER INC 03/30/2023 $105,201.42 2.30.360(d)Water Meters
DASHER TECHNOLOGIES 03/30/2023 $164,989.10 2.30.360(j)Data Communications Nimble HF40 Products and
Services
DC FROST ASSOCIATES INC 03/16/2023 $161,418.46 2.30.360(d)Helico Press Carbon Steel # 91683-13-201
DISCOUNTCELL, INC.06/14/2023 $171,751.25 2.30.360(j)Cradle Point Modems and Equipment
FILTCO FILTER MEDIA LLC 05/16/2023 $108,335.60 17/3 Anthracite Coal for Dual Media Filters
LN CURTIS & SONS 05/03/2023 $108,465.89 2.30.360(j)Firefighter Protective Materials and Equipment
MADER SUPPLY LLC 04/25/2023 $146,278.79 404/3 PUPI Fiberglass Crossarms and Assorted Hardware
MOTOROLA SOLUTIONS, INC.05/25/2023 $117,844.09 2.30.360(j)Video/surveillance equipment for an in-car
replacement project conducted by the police
Item 14
Attachment A - Goods Contracts
$85,000 Through $250,00 per Year
Item 14: Staff Report Pg. 3 Packet Pg. 182 of 193
ATTACHMENT B
Service Contracts Awarded
Professional Services and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year
January 1, 2023 through June 30, 2023
Contract Awarded To Award Date Number of Bids Description
ADMAIL-EXPRESS INC 03/09/2023 $ 26,159.86 2.30.360(i)Graphic Design and Printing Services
APPLIED MATERIAL &
ENGINEERING INC
02/22/2023
04/04/2023
06/26/2023
Habitat Restoration and Environmental Education
Item 14
Attachment B - Professional and
General Services $25,000 Through
$85,000 per Year and Public Works
Contracts $85,000 through $250,000
per Year
Item 14: Staff Report Pg. 4 Packet Pg. 183 of 193
ATTACHMENT B
Service Contracts Awarded
Professional Services and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year
January 1, 2023 through June 30, 2023
Contract Awarded To Award Date Number of Bids Description
KRAMER WORKPLACE
INVESTIGATIONS
02/28/2023 $ 50,000.00 2.30.360(g)Professional legal services
KRAMER WORKPLACE
INVESTIGATIONS
03/02/2023
02/21/2023
location at City Hall to the Public Safety Building.
06/27/2023
03/20/2023
06/12/2023
03/16/2023
05/19/2023
Item 14
Attachment B - Professional and
General Services $25,000 Through
$85,000 per Year and Public Works
Contracts $85,000 through $250,000
per Year
Item 14: Staff Report Pg. 5 Packet Pg. 184 of 193
ATTACHMENT B
Service Contracts Awarded
Professional Services and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year
January 1, 2023 through June 30, 2023
Contract Awarded To Award Date Number of Bids Description
PRO AUDIO RENTAL SYSTEMS 05/31/2023 $ 36,000.00 2.30.360(i)Twilight Concerts Stage/Audio Services
PURE TECHNOLOGIES US INC 04/20/2023 $ 51,280.00 2027/4 Fire Hydrant Project Year 1
RACHEL NIN 03/21/2023 $ 45,000.00 2.30.360(i)Rachel Nin/Outreach-Playhouse Tech 23-26
RANKIN STOCK HEABERLIN
O'NEAL
01/12/2023
01/24/2023
01/26/2023
04/25/2023
02/09/2023
Item 14
Attachment B - Professional and
General Services $25,000 Through
$85,000 per Year and Public Works
Contracts $85,000 through $250,000
per Year
Item 14: Staff Report Pg. 6 Packet Pg. 185 of 193
ATTACHMENT B
Service Contracts Awarded
Professional Services and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year
January 1, 2023 through June 30, 2023
Contract Awarded To Award Date Number of Bids Description
TESCO CONTROLS LLC 05/24/2023 $ 27,000.00 3/2 Maintenance and Repair for Water Transmission
Sites
03/20/2023
Item 14
Attachment B - Professional and
General Services $25,000 Through
$85,000 per Year and Public Works
Contracts $85,000 through $250,000
per Year
Item 14: Staff Report Pg. 7 Packet Pg. 186 of 193
ATTACHMENT C
Excerpts from the Palo Alto Municipal Code
Chapter 2.30 – Contracts and Purchasing Procedures
Item 14
Attachment C - Excerpts
from the Palo Alto
Municipal Code
Item 14: Staff Report Pg. 8 Packet Pg. 187 of 193
2.30.200 Procurement officer contract award authority.
The Procurement Officer may award and sign the following contracts:
(a)Public Works Contracts. Public works contracts, where the term does not exceed three years,
and the contract priceand any price contingency established for change orders, but excluding sales
tax or use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of
$85,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent
contract year.
(b)Contracts for Goods. Contracts to purchase goods, where the term does not exceed three
years, and the contract price and any price contingency established for change orders, but excluding
sales tax or use tax, do not exceed $85,000.00 in the first year, and do not exceed the sum of
$85,000.00and any unexpended monies carried forward from a prior contract year, in any subsequent
contract year.
(c)General Services Contracts. General services contracts, where the term does not exceed three
years, and the contract priceand any price contingency established for change orders or additional
services, but excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and
do not exceed $85,000.00 and any unexpended monies carried forward from a prior contract year, in
any subsequent contract year.
(d)Professional Services Contracts. Professional services contracts, where the term does not
exceed three years, and the contract price, and any price contingency established for additional
services, but excluding sales tax or use tax, do not exceed the sum of $85,000.00 in the first contract
year, and do not exceed the sum of $85,000.00 and any unexpended monies carried forward from a
prior contract year, in any subsequent contract year.
(e)Software and Hardware Purchase, Licensing, Maintenance and Support Contracts.
Notwithstanding Subsection 2.30.200(c), the Procurement Officer may award and sign contracts other
than general services agreements, including, without limitation, vendor-based standard form hardware
and software purchase and licensing contracts, for the purchase of hardware and software, the
licensing of software, and the maintenance and support of hardware and software, where the term of
licensing or maintenance and support services does not exceed five years and the contract price,
excluding sales tax or use tax, does not exceed $85,000.00 per year in the first contract year and
does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior
contract year, in any subsequent contract year. The contracts referred to herein may include contracts
for data storage services, which shall be subject to the city's information security policies, terms,
conditions and other requirements established by the chief information officer with the concurrence
and approval of the City Attorney.
(Ord. 5494 § 9, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
Item 14
Attachment C - Excerpts
from the Palo Alto
Municipal Code
Item 14: Staff Report Pg. 9 Packet Pg. 188 of 193
2.30.210 City Manager contract award authority.
The City Manager may award and sign the following contracts:
(a)Public Works Contracts. Public works contracts, where the term does not exceed three years,
and the contract price and any price contingency established for change orders, but excluding sales
tax or use tax, do not exceed $250,000.00 in the first contract year, and do not exceed the sum of
$250,000.00 and any unexpended monies carried forward from a prior contract year, in any
subsequent contract year.
(b)Contracts for Goods. Contracts to purchase goods, where the term does not exceed three
years and the contract price and any contingency established for change orders, but excluding sales
tax or use tax, do not exceed $250,000.00 in the first contact year, and do not exceed the sum of
$250,000.00 and any unexpended monies carried forward from a prior contract year, in any
subsequent contract year.
(c)General Services Contracts. Contracts for services associated with the leasing or licensing of
personal property other than hardware or software, where the term does not exceed seven years, and
the contract price and any price contingency established for change orders, but excluding sales tax or
use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of $85,000.00
plus any unexpended monies carried forward from a prior contract year, in any subsequent contract
year.
(d)Contracts for Studies and Services Related to Private Development. Professional services
contracts for: (1) the preparation of environmental assessments or other studies deemed necessary
by the director of planning and development services for the processing of applications for private
development projects, or (2) inspection and plan review services deemed necessary by the director of
planning and development services to evaluate conformity of private development projects with
applicable building codes, regardless of the cost or term thereof, provided the applicant for the private
development project agrees, in writing, to bear responsibility for the entire contract cost, and the
contract does not require the expenditure of city funds in any amount.
(e)Rewards. The City Manager may offer and pay rewards where the amount of the reward does
not exceed $25,000.00, in accordance with the procedures of Section 2.30.800.
(f)Emergency Contracts. The City Manager is authorized to expend city funds for emergency
contracts, as defined in Section 2.30.160, without limitation on the contract cost or amount and without
following the contract solicitation and award procedures otherwise required by this chapter, provided
that any procurement of goods and services obtained during an emergency declared by the Federal
Emergency Management Agency shall comply with applicable FEMA Public Assistance Program's
procurement orders, rules, regulations, guidelines and control procedures for cost reimbursement
purposes. Expenditures made during an emergency must be reported to the Council at the next
regular meeting if approval for such expenditures would otherwise have been made by the Council.
The City Manager may issue a verbal report to the Council before a written report is delivered.
(g)Contracts to Rent, Lease, License, Acquire, Transfer or Purchase Interests in Real Property
from Other Parties. Contracts for the rental, leasing, licensing, or purchase by installment interests in
real property from other parties for a term of seven years or less, where the contract price does not
exceed $85,000.00 per year, or to encumber or transfer any interest in real property from other parties
for any term of years. The City Manager may enter into and sign a contract to acquire or purchase an
interest in real property, where the contract price does not exceed $85,000.00.
(h)Contracts to Rent, Lease, or License City Real Property to Other Parties. The authority granted
under this Section is distinct from the authority of the director of community services to grant
individuals and groups permits for the exclusive temporary use of buildings and facilities located in,
and the areas of, city parks and open spaces, as described in Chapter 22.04 of this municipal code or
in the park and open space regulations. The City Manager may award and sign contracts to rent,
Item 14
Attachment C - Excerpts
from the Palo Alto
Municipal Code
Item 14: Staff Report Pg. 10 Packet Pg. 189 of 193
lease or license city real property to other parties regardless of the price for a term not exceeding
three years. Notwithstanding the preceding sentence, the City Manager may enter into and sign
contracts for the rental, lease or licensing of real property at the Cubberley Community Center for
terms of up to five years.
(i)Contracts to Provide Municipal Services to other Public Entities or Utilities. A contract to provide
municipal services and functions to any other public agency, public utility or other public entity in any
amount for a term not exceeding three years, provided the contract is in compliance with all Council-
adopted policies covering such contracts. The authority granted herein does not include the authority
of the City Manager to add permanent employee positions.
(j)Contracts Providing for Indemnity or Risk of Loss. The City Manager, with the concurrence and
approval of the City Attorney and the insurance risk manager, may enter into and sign contracts,
otherwise within the limits of his or her authority under Section 2.08.140 of this municipal code, that
provide for the city or its officers or employees to defend, indemnify, or assume the risk of damage,
loss, or liability for, or subrogate to any other contracting party respecting claims, demands, actions,
losses or liabilities arising from the city's performance or non-performance under the contract.
(k)Wholesale Utility Commodities and Services Contracts. Wholesale utility commodities and
services contracts, where the term does not exceed five years and the contract price does not exceed
$250,000.00 in any contract year.
(l)Software and Hardware Purchase, Licensing, Maintenance and Support Contracts.
Notwithstanding Subsection 2.30.210(c), the City Manager may award and sign contracts other than
general services agreements, including, without limitation, vendor-based standard form hardware and
software purchase and licensing contracts, for the purchase of hardware and software, the licensing of
software, and the maintenance and support of hardware and software, where the term of licensing or
maintenance and support services does not exceed seven years and the contract price, excluding
sales tax or use tax, does not exceed $85,000.00 per year in the first contract or fiscal year and does
not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal
year, in any subsequent contract or fiscal year. The contracts referred to herein may include contracts
for data storage services, which shall be subject to the city's information security policies, terms,
conditions and other requirements established by the chief information officer with the concurrence
and approval of the City Attorney.
(m)Other Contracts. All other types of contracts for which the contract term does not exceed three
years and the total expenditure by the city does not exceed $85,000.00 in the first contract or fiscal
year, and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a
prior fiscal year, in any subsequent contract or fiscal year.
(Ord. 5494 §§ 3, 10, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
Item 14
Attachment C - Excerpts
from the Palo Alto
Municipal Code
Item 14: Staff Report Pg. 11 Packet Pg. 190 of 193
2.30.360 Exemptions from competitive solicitation requirements.
The following are exemptions from the informal and formal competitive solicitation requirements of
this chapter, except as otherwise provided. These exemptions will be narrowly interpreted and applied.
The department requesting an exemption shall provide all relevant information supporting the
application of the exemption to the Procurement Officer. Based upon this information, the
Procurement Officer shall make a recommendation to the City Manager and the City Manager shall
determine whether an exemption from the competitive solicitation requirements applies. Nothing
herein is intended to preclude the use of competitive solicitations, as practicable.
(a)Emergency Contracts, provided that any procurement of goods and services obtained during an
emergency declared by the Federal Emergency Management Agency shall comply with applicable
FEMA Public Assistance Program's orders, rules, regulations, guidelines and control procedures for
cost reimbursement purposes.
(b)Whenever solicitations of bids or proposals would for any reason be impracticable, unavailing or
impossible, provided that in the case of a public works project, the project is not otherwise required by
the charter to be formally bid. These situations are those where solicitations of bids or proposals
would not be useful or produce any operational or financial advantage for the city. Situations where
solicitations of bids or proposals would be impracticable, unavailing or impossible, include, without
limitation, the following:
(1)Contract specifications cannot be drawn in a way that would enable more than one vendor,
consultant or contractor to meet them;
(2)Due to circumstances beyond the control of the city, the time necessary to use the competitive
solicitation process, procedures and requirements would result in a substantial economic loss to the
city or the substantial interference with a required city operation;
(3)Special conditions attached to a grant, donation or gift requires the use of particular goods
and/or services.
All requests for exemptions under this subsection shall be supported by written documentation
(facsimile or electronic mail may be used), approved by the department head and the Procurement
Officer.
(c)Where competitive bids or requests for proposals have been solicited and no bid or proposal
has been received, or where no bid or proposal meeting the requirements of the invitation to bid or
request for proposals has been received, provided that, in the case of a public works project, the
project is not otherwise required by the charter to be formally bid.
(d)Contracts for goods, wholesale commodities and services, general services or professional
services available from only one source, where the Procurement Officer has determined, in writing,
there is no adequate substitute or equivalent provider. Examples of acceptable sole source
acquisitions or purchases may include, without limitation: equipment or services for equipment, for
which there is no comparable competitive product or service except that provided by the equipment
manufacturer, distributor or dealer; proprietary products sold directly by the manufacturer; a
component or replacement part, for which there is no commercially available substitute and which can
be obtained only from the manufacturer; goods where there is only one authorized distributor in the
area; and goods where compatibility with goods in use by the city is an overriding consideration. All
requests for sole source acquisitions or purchases shall be supported by written documentation
(facsimile or electronic mail may be used), approved by the office or department head, and forwarded
to the Procurement Officer.
(e)Contracts for goods where, pursuant to Section 2.30.900, the City Manager has determined that
standardization of the supplies, materials or equipment is permissible.
(f)Placement of insurance coverage and surety bonds.
Item 14
Attachment C - Excerpts
from the Palo Alto
Municipal Code
Item 14: Staff Report Pg. 12 Packet Pg. 191 of 193
(g)Legal services contracts, including, without limitation, the services of outside counsel,
consultants and other experts needed for litigation, administrative or other legal proceedings.
(h)Professional services contracts for private development related studies and services whenever
the services are funded wholly by private developers.
(i)Professional services contracts, where the estimated total expenditure by the city, regardless of
term, does not exceed $50,000.00.
(j)Cooperative purchases, with one or more other public agencies or through a cooperative
purchasing agency, provided: (i) the services are solicited using methods substantially similar to those
required by this chapter, as determined by the Procurement Officer; and (ii) the contract is consistent
with the requirements specified in this municipal code.
(k)The use of another governmental or public agency's contract or substantially the same contract
terms provided: (i) the agency uses a solicitation method substantially similar to the method required
by this chapter; (ii) the contract is consistent with the requirements specified in this municipal code;
and (iii) the Procurement Officer determines that the city will realize overall value to utilizing the other
agency's contract or contract terms compared to the city performing its own solicitation.
(l)Contracts with, or solicited on the city's behalf by, Northern California Power Agency,
Transmission Agency of Northern California, and Western Area Power Administration to procure
wholesale utility commodities and services that meet the requirements of Section 2.30.340(d) or
2.30.360(k).
(m)Contracts with Pacific Gas and Electric Company and the California Independent System
Operator Corporation for energy transmission services to the extent necessary and expedient to
provide for the general health, safety and welfare of the city's utility customers.
(n)Contracts with any public agency or governmental body to construct a public work, where the
Procurement Officer determines the public agency or governmental body has used methods similar to
those required by this chapter to contract for the public work.
(o)Contracts with any public utility holding a certificate of public convenience and necessity or any
entity holding a cable service or video service franchise pursuant to chapter 2.10 of this municipal
code to construct a public works, where such works involves property of such public utility or cable
service or video service franchisee and is otherwise of direct concern to both the city and such public
utility or cable service or video service franchisee, provided that the project is not otherwise required
by the charter to be formally bid.
(p)Contracts with private developers to construct public improvements in connection with their
development projects, even if the city contributes funds to the improvement project, provided that the
projects are not otherwise required by the charter to be formally bid.
(q)Projects, where the public work is performed by the city with its own employees.
(r)Contracts, where the estimated total expenditure by the city does not exceed $10,000.00.
(s)Contracts with entities to procure at wholesale prices utility commodities and services under a
city "feed-in tariff" energy program that meets the requirements of Section 2.30.340(c).
(t)Professional services contracts in relation to personnel matters for: recruitment consultants,
workplace investigations, threat assessments, conflict intervention, and industrial safety.
(Ord. 5494 § 21, 2020: Ord. 5387 § 1 (part), 2016: Ord. 5148 § 2, 2012: Ord. 5081 § 1, 2010: Ord.
4827 § 1 (part), 2004)
Item 14
Attachment C - Excerpts
from the Palo Alto
Municipal Code
Item 14: Staff Report Pg. 13 Packet Pg. 192 of 193
PART 10 – STANDARDIZATION
2.30.900 Standardization.
Where the City Manager has determined that it is required by the health, safety or welfare of the
people or employees of the city, or that significant costs savings have been demonstrated, the
standardization of supplies, materials or equipment, including, without limitation, information
technology property, for purchase or to be used in a public works project is permitted and the supplies,
materials or equipment specifications may specify a single brand or trade name. The City Manager
may consider the following factors in determining to standardize on a single brand or trade name:
(a)Repair and maintenance costs would be minimized;
(b)User personnel training would be facilitated thereby;
(c)Supplies or spare parts would be minimized;
(d)Modifications to existing equipment would not be necessary;
(e)Training of repair and maintenance personnel would be minimized; and
(f)Matching existing supplies, materials or equipment is required for proper operation of a function
or program.
(Ord. 5494 § 40, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
Item 14
Attachment C - Excerpts
from the Palo Alto
Municipal Code
Item 14: Staff Report Pg. 14 Packet Pg. 193 of 193
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: September 11, 2023
Report #:2309-1990
TITLE
Interview for the Architectural Review Board (Continued from September 5, 2023).
RECOMMENDATION
Conduct interview with applicant Naveen Govind for the Architectural Review Board
BACKGROUND
This item was continued from the September 5, 2023 City Council Meeting. The staff report can
be found here1.
ATTACHMENTS
Attachment A: Naveen Govind Application
APPROVED BY:
Mahealani Ah Yun, Interim City Clerk
1 City Council, September 5, 2023; Agenda Item #1:
https://cityofpaloalto.primegov.com/Portal/viewer?id=2894&type=0
Item AA1
AA1 Staff Report
Item AA1: Staff Report Pg. 1 Packet Pg. 194 of 197
Architectural Review Board Application
Submitted on 5 March 2023, 6:27PM
Receipt number 47
Related form version 6
Name Naveen
Address
City
Postal Code
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?No
Do you have any relatives or members of your household who
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
No
Are you available and committed to complete the term applied
for?
Yes
Fair Political Practices No
Excluding your principal residence, do you or your spouse
own real property in Palo Alto?
No
How did you learn about the vacancy on the Architectural
Review Board?
Other: linkedin
Personal Information
1 of 3
Item AA1
Attachment A - Naveen
Govind Application
Item AA1: Staff Report Pg. 2 Packet Pg. 195 of 197
Read the code, and check only ONE option below:I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City’s website.
Consent to Publish Personal Information on the City of Palo Alto Website
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
I have a Masters in Urban Planning, Bachelors in Architecture, I am also
LEED certified and PMP certified. Seasoned Senior Project Manager with
20+ years of experience in the architecture industry. Extensive
experience in all phases of the project from inception to completion.
Employment Information City of Mountain View
Occupation Architect
Is your Company/Employer your current one or last?Current Employer
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
Senior Project Manager, City of Mountain View, 5/22 - Present
Personal and Job Experience
1. Why are you interested in serving on the Architectural
Review Board and what experience would you bring to the
position?
I have a particular fondness for and connection with City of Palo Alto, I
worked on the New Stanford Hospital Project and HP head quarters
remodeling project. Serving on the architecture board will be an exciting
opportunity to further contribute to the development of City of Palo Alto.
With 20 plus years of experience, my input can have a positive impact
on not just the built environment but safety and well-being of the
residents of City of Palo Alto.
2. Please describe an issue that recently came before the
Board that is of particular interest to you and describe why you
are interested in it.
Fire Station 4 design presentation on 2/16/23 was an interesting
presentation. This is an important project to the community due to the
project location and its proximity to the school. I thought the design was
very thoughtful in its massing and the treatment of the facade. The
facade treatment blends very well with surrounding architecture, and the
massing and site design is very pedestrian friendly.
3. If you are appointed, what specific goals would you like to
see the Architectural Review Board achieve, and how would
you help in the process?
My goals will be:
1. Safety and well being of the community will be my top priority
2. Promote sustainable design
3. Maintain City of Palo Alto architecture character
I can achieve these goals with being fully committed to this board and be
in tune with City's values and goals.
4. Please identify a project (or projects) that you find to be
examples of good architecture, and explain why. You may
include samples, identify project addresses, or provide links.
The New Stanford Hospital Project is a great example of innovation in
architecture. The project is a beacon for healthcare architecture and has
a very positive impact on the community. The medical planning of this
building is exceptional, it takes patient care to the next level by providing
hospitality kind of care with healing gardens and green roof terraces.
5. Architectural Review Board Members work with the Zoning code, California Environmental Act, Secretary of the Interior’s
Application Questions
2 of 3
Item AA1
Attachment A - Naveen
Govind Application
Item AA1: Staff Report Pg. 3 Packet Pg. 196 of 197
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection, but will
help you better understand the work of the board.
Standards and Palo Alto 2030 Comprehensive Plan (2017).
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
Yes
Signature Name of signatory: Naveen Govind
Link to signature
Date Completed 03/05/2023
3 of 3
Item AA1
Attachment A - Naveen
Govind Application
Item AA1: Staff Report Pg. 4 Packet Pg. 197 of 197