HomeMy WebLinkAbout2025-03-03 City Council Agenda PacketCITY COUNCIL
Regular Meeting
Monday, March 03, 2025
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by
teleconference or in person. Information on how the public may observe and participate in the
meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV
Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to
Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238)
Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three
minutes or an amount of time determined by the Chair. General public comment will be heard
for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to
three minutes or an amount of time determined by the Chair. Requests to speak will be taken
until 5 minutes after the staff’s presentation or as determined by the Chair. Written public
comments can be submitted in advance to 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.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,
posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not
create a facility, fire, or safety hazard; and (3) persons with such items remain seated when
displaying them and must not raise the items above shoulder level, obstruct the view or
passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Council reserves the right to use more or less time on any item, to
change the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best manage
the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
CLOSED SESSION (5:30 ‐ 7:00 PM)
1.CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his Designees Pursuant to Merit
System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,
Nick Raisch, Tori Post, Molly Stump, Jennifer Fine, and Lauren Lai)
Employee Organization: Service Employees International Union, (SEIU) Local 521, Utilities
Management and Professional Association of Palo Alto (UMPAPA),
Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association
(PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’
Association (FCA);
Authority: Government Code Section 54957.6 (a)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (7:00 ‐ 7:30 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number of
speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the
agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:30 ‐ 7:35 PM)
Members of the public may not speak to the item(s).
STUDY SESSION (7:35 ‐ 8:35 PM)
2.Review Draft Safe Streets For All (SS4A) Safety Action Plan; CEQA status – not a project.
CONSENT CALENDAR (8:35 ‐ 8:40 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3.Approval of Minutes from February 18, 2025 Meeting
4.Approval of Contract Amendment Number 3 to Contract Number S17167826 with
NEOGOV, in the Amount of $87,700 to Extend Onboarding Recruitment Software as a
Service Subscription for an Additional Year for a Revised Total not‐to‐exceed Amount of
$499,022 Over 9 Years. CEQA Status ‐ exempt.
5.Approval of Purchase Order C25190365 with Kone, Inc. in the Not To Exceed Amount of
$672,686 for Elevator, Chairlift, and Platform Lift Maintenance, Repair, Testing, and
Related Services for Five Years; CEQA Status – Categorically Exempt under Sections
15301 and 15302
6.Approval of a Purchase Order with Professional Sales and Service, L.C. in the Not‐to‐
Exceed Amount of $429,213, Including an Approximate 5% Contingency in the Amount of
$20,439 for Unforeseen Price Increases, for the Purchase of a 2024 Chevrolet G4500
Type III Ambulance Utilizing a Cooperative Purchase Agreement, Funded by Capital
Improvement Program Project VR‐23000;
7.Approval of Two Professional Services Agreements, C25193332 and C25193333 with EPI‐
USE America to Implement Identity Access Governance (IAG) Solutions, SAP
Signavio/LeanIX, SAP Governance, Risk, Compliance (GRC) for a Total Not‐To‐Exceed
Amount of $289,080, for a Period of One Year; CEQA Status ‐ Not a Project.
8.Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 Mackay
Drive; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
CITY MANAGER COMMENTS (8:40 ‐ 8:55 PM)
BREAK (15 MINUTES)
ACTION ITEMS (9:10 ‐ 10:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
9.FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18
(Zoning) to Modify the Housing Incentive Program, Affordable Housing Incentive
Program, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D;
3.4A‐D; and 6.2A). CEQA Status ‐‐ Addendum to the Comprehensive Plan Environmental
Impact Report (EIR), adopted December 18, 2023 (SCH #2014052101).
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.
10.Sales Tax Digest Q3 (Jul‐Sept) 2024
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee March 4, 2025
Public Comment Letters
Schedule of Meetings
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 for agendized items using a computer or smart phone will
be accepted through the teleconference meeting. To address the Council, click on the link
below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number
listed below. When you wish to speak on an agenda item hit *9 on your phone so we
know that you wish to speak. You will be asked to provide your first and last name before
addressing the Council. You will be advised how long you have to speak. When called
please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
California Government Code §84308, commonly referred to as the "Levine Act," prohibits an
elected official of a local government agency from participating in a proceeding involving a
license, permit, or other entitlement for use if the official received a campaign contribution
exceeding $500 from a party or participant, including their agents, to the proceeding within the
last 12 months. A “license, permit, or other entitlement for use” includes most land use and
planning approvals and the approval of contracts that are not subject to lowest responsible bid
procedures and have a value over $50,000. A “party” is a person who files an application for, or
is the subject of, a proceeding involving a license, permit, or other entitlement for use. A
“participant” is a person who actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use, and has a financial interest in the
decision. The Levine Act incorporates the definition of “financial interest” in the Political
Reform Act, which encompasses interests in business entities, real property, sources of income,
sources of gifts, and personal finances that may be affected by the Council’s actions. If you
qualify as a “party” or “participant” to a proceeding, and you have made a campaign
contribution to a Council Member exceeding $500 made within the last 12 months, you must
disclose the campaign contribution before making your comments.
1 March 03, 2025
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 03, 2025Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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 COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject 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.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Council reserves the right to use more or less time on any item, to
change the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best manage
the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
CLOSED SESSION (5:30 ‐ 7:00 PM)
1.CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his Designees Pursuant to Merit
System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,
Nick Raisch, Tori Post, Molly Stump, Jennifer Fine, and Lauren Lai)
Employee Organization: Service Employees International Union, (SEIU) Local 521, Utilities
Management and Professional Association of Palo Alto (UMPAPA),
Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association
(PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’
Association (FCA);
Authority: Government Code Section 54957.6 (a)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (7:00 ‐ 7:30 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number of
speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the
agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:30 ‐ 7:35 PM)
Members of the public may not speak to the item(s).
STUDY SESSION (7:35 ‐ 8:35 PM)
2.Review Draft Safe Streets For All (SS4A) Safety Action Plan; CEQA status – not a project.
CONSENT CALENDAR (8:35 ‐ 8:40 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3.Approval of Minutes from February 18, 2025 Meeting
4.Approval of Contract Amendment Number 3 to Contract Number S17167826 with
NEOGOV, in the Amount of $87,700 to Extend Onboarding Recruitment Software as a
Service Subscription for an Additional Year for a Revised Total not‐to‐exceed Amount of
$499,022 Over 9 Years. CEQA Status ‐ exempt.
5.Approval of Purchase Order C25190365 with Kone, Inc. in the Not To Exceed Amount of
$672,686 for Elevator, Chairlift, and Platform Lift Maintenance, Repair, Testing, and
Related Services for Five Years; CEQA Status – Categorically Exempt under Sections
15301 and 15302
6.Approval of a Purchase Order with Professional Sales and Service, L.C. in the Not‐to‐
Exceed Amount of $429,213, Including an Approximate 5% Contingency in the Amount of
$20,439 for Unforeseen Price Increases, for the Purchase of a 2024 Chevrolet G4500
Type III Ambulance Utilizing a Cooperative Purchase Agreement, Funded by Capital
Improvement Program Project VR‐23000;
7.Approval of Two Professional Services Agreements, C25193332 and C25193333 with EPI‐
USE America to Implement Identity Access Governance (IAG) Solutions, SAP
Signavio/LeanIX, SAP Governance, Risk, Compliance (GRC) for a Total Not‐To‐Exceed
Amount of $289,080, for a Period of One Year; CEQA Status ‐ Not a Project.
8.Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 Mackay
Drive; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
CITY MANAGER COMMENTS (8:40 ‐ 8:55 PM)
BREAK (15 MINUTES)
ACTION ITEMS (9:10 ‐ 10:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
9.FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18
(Zoning) to Modify the Housing Incentive Program, Affordable Housing Incentive
Program, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D;
3.4A‐D; and 6.2A). CEQA Status ‐‐ Addendum to the Comprehensive Plan Environmental
Impact Report (EIR), adopted December 18, 2023 (SCH #2014052101).
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.
10.Sales Tax Digest Q3 (Jul‐Sept) 2024
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee March 4, 2025
Public Comment Letters
Schedule of Meetings
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 for agendized items using a computer or smart phone will
be accepted through the teleconference meeting. To address the Council, click on the link
below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number
listed below. When you wish to speak on an agenda item hit *9 on your phone so we
know that you wish to speak. You will be asked to provide your first and last name before
addressing the Council. You will be advised how long you have to speak. When called
please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
California Government Code §84308, commonly referred to as the "Levine Act," prohibits an
elected official of a local government agency from participating in a proceeding involving a
license, permit, or other entitlement for use if the official received a campaign contribution
exceeding $500 from a party or participant, including their agents, to the proceeding within the
last 12 months. A “license, permit, or other entitlement for use” includes most land use and
planning approvals and the approval of contracts that are not subject to lowest responsible bid
procedures and have a value over $50,000. A “party” is a person who files an application for, or
is the subject of, a proceeding involving a license, permit, or other entitlement for use. A
“participant” is a person who actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use, and has a financial interest in the
decision. The Levine Act incorporates the definition of “financial interest” in the Political
Reform Act, which encompasses interests in business entities, real property, sources of income,
sources of gifts, and personal finances that may be affected by the Council’s actions. If you
qualify as a “party” or “participant” to a proceeding, and you have made a campaign
contribution to a Council Member exceeding $500 made within the last 12 months, you must
disclose the campaign contribution before making your comments.
2 March 03, 2025
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 03, 2025Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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 COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject 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.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.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 ORDERCLOSED SESSION (5:30 ‐ 7:00 PM)1.CONFERENCE WITH LABOR NEGOTIATORSCity Designated Representatives: City Manager and his Designees Pursuant to MeritSystem Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,Nick Raisch, Tori Post, Molly Stump, Jennifer Fine, and Lauren Lai)Employee Organization: Service Employees International Union, (SEIU) Local 521, UtilitiesManagement and Professional Association of Palo Alto (UMPAPA),Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association(PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’Association (FCA);Authority: Government Code Section 54957.6 (a)AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (7:00 ‐ 7:30 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number ofspeakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of theagenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:30 ‐ 7:35 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:35 ‐ 8:35 PM)2.Review Draft Safe Streets For All (SS4A) Safety Action Plan; CEQA status – not a project.CONSENT CALENDAR (8:35 ‐ 8:40 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.3.Approval of Minutes from February 18, 2025 Meeting4.Approval of Contract Amendment Number 3 to Contract Number S17167826 withNEOGOV, in the Amount of $87,700 to Extend Onboarding Recruitment Software as aService Subscription for an Additional Year for a Revised Total not‐to‐exceed Amount of
$499,022 Over 9 Years. CEQA Status ‐ exempt.
5.Approval of Purchase Order C25190365 with Kone, Inc. in the Not To Exceed Amount of
$672,686 for Elevator, Chairlift, and Platform Lift Maintenance, Repair, Testing, and
Related Services for Five Years; CEQA Status – Categorically Exempt under Sections
15301 and 15302
6.Approval of a Purchase Order with Professional Sales and Service, L.C. in the Not‐to‐
Exceed Amount of $429,213, Including an Approximate 5% Contingency in the Amount of
$20,439 for Unforeseen Price Increases, for the Purchase of a 2024 Chevrolet G4500
Type III Ambulance Utilizing a Cooperative Purchase Agreement, Funded by Capital
Improvement Program Project VR‐23000;
7.Approval of Two Professional Services Agreements, C25193332 and C25193333 with EPI‐
USE America to Implement Identity Access Governance (IAG) Solutions, SAP
Signavio/LeanIX, SAP Governance, Risk, Compliance (GRC) for a Total Not‐To‐Exceed
Amount of $289,080, for a Period of One Year; CEQA Status ‐ Not a Project.
8.Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 Mackay
Drive; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
CITY MANAGER COMMENTS (8:40 ‐ 8:55 PM)
BREAK (15 MINUTES)
ACTION ITEMS (9:10 ‐ 10:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
9.FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18
(Zoning) to Modify the Housing Incentive Program, Affordable Housing Incentive
Program, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D;
3.4A‐D; and 6.2A). CEQA Status ‐‐ Addendum to the Comprehensive Plan Environmental
Impact Report (EIR), adopted December 18, 2023 (SCH #2014052101).
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.
10.Sales Tax Digest Q3 (Jul‐Sept) 2024
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee March 4, 2025
Public Comment Letters
Schedule of Meetings
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 for agendized items using a computer or smart phone will
be accepted through the teleconference meeting. To address the Council, click on the link
below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number
listed below. When you wish to speak on an agenda item hit *9 on your phone so we
know that you wish to speak. You will be asked to provide your first and last name before
addressing the Council. You will be advised how long you have to speak. When called
please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
California Government Code §84308, commonly referred to as the "Levine Act," prohibits an
elected official of a local government agency from participating in a proceeding involving a
license, permit, or other entitlement for use if the official received a campaign contribution
exceeding $500 from a party or participant, including their agents, to the proceeding within the
last 12 months. A “license, permit, or other entitlement for use” includes most land use and
planning approvals and the approval of contracts that are not subject to lowest responsible bid
procedures and have a value over $50,000. A “party” is a person who files an application for, or
is the subject of, a proceeding involving a license, permit, or other entitlement for use. A
“participant” is a person who actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use, and has a financial interest in the
decision. The Levine Act incorporates the definition of “financial interest” in the Political
Reform Act, which encompasses interests in business entities, real property, sources of income,
sources of gifts, and personal finances that may be affected by the Council’s actions. If you
qualify as a “party” or “participant” to a proceeding, and you have made a campaign
contribution to a Council Member exceeding $500 made within the last 12 months, you must
disclose the campaign contribution before making your comments.
3 March 03, 2025
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 03, 2025Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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 COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject 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.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.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 ORDERCLOSED SESSION (5:30 ‐ 7:00 PM)1.CONFERENCE WITH LABOR NEGOTIATORSCity Designated Representatives: City Manager and his Designees Pursuant to MeritSystem Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,Nick Raisch, Tori Post, Molly Stump, Jennifer Fine, and Lauren Lai)Employee Organization: Service Employees International Union, (SEIU) Local 521, UtilitiesManagement and Professional Association of Palo Alto (UMPAPA),Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association(PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’Association (FCA);Authority: Government Code Section 54957.6 (a)AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (7:00 ‐ 7:30 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number ofspeakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of theagenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:30 ‐ 7:35 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:35 ‐ 8:35 PM)2.Review Draft Safe Streets For All (SS4A) Safety Action Plan; CEQA status – not a project.CONSENT CALENDAR (8:35 ‐ 8:40 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.3.Approval of Minutes from February 18, 2025 Meeting4.Approval of Contract Amendment Number 3 to Contract Number S17167826 withNEOGOV, in the Amount of $87,700 to Extend Onboarding Recruitment Software as aService Subscription for an Additional Year for a Revised Total not‐to‐exceed Amount of$499,022 Over 9 Years. CEQA Status ‐ exempt.5.Approval of Purchase Order C25190365 with Kone, Inc. in the Not To Exceed Amount of$672,686 for Elevator, Chairlift, and Platform Lift Maintenance, Repair, Testing, andRelated Services for Five Years; CEQA Status – Categorically Exempt under Sections15301 and 153026.Approval of a Purchase Order with Professional Sales and Service, L.C. in the Not‐to‐Exceed Amount of $429,213, Including an Approximate 5% Contingency in the Amount of$20,439 for Unforeseen Price Increases, for the Purchase of a 2024 Chevrolet G4500Type III Ambulance Utilizing a Cooperative Purchase Agreement, Funded by CapitalImprovement Program Project VR‐23000;7.Approval of Two Professional Services Agreements, C25193332 and C25193333 with EPI‐USE America to Implement Identity Access Governance (IAG) Solutions, SAPSignavio/LeanIX, SAP Governance, Risk, Compliance (GRC) for a Total Not‐To‐ExceedAmount of $289,080, for a Period of One Year; CEQA Status ‐ Not a Project.8.Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 MackayDrive; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305CITY MANAGER COMMENTS (8:40 ‐ 8:55 PM)BREAK (15 MINUTES)ACTION ITEMS (9:10 ‐ 10:30 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.9.FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18(Zoning) to Modify the Housing Incentive Program, Affordable Housing IncentiveProgram, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D;3.4A‐D; and 6.2A). CEQA Status ‐‐ Addendum to the Comprehensive Plan EnvironmentalImpact Report (EIR), adopted December 18, 2023 (SCH #2014052101).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.10.Sales Tax Digest Q3 (Jul‐Sept) 2024
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee March 4, 2025
Public Comment Letters
Schedule of Meetings
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 for agendized items using a computer or smart phone will
be accepted through the teleconference meeting. To address the Council, click on the link
below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number
listed below. When you wish to speak on an agenda item hit *9 on your phone so we
know that you wish to speak. You will be asked to provide your first and last name before
addressing the Council. You will be advised how long you have to speak. When called
please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
California Government Code §84308, commonly referred to as the "Levine Act," prohibits an
elected official of a local government agency from participating in a proceeding involving a
license, permit, or other entitlement for use if the official received a campaign contribution
exceeding $500 from a party or participant, including their agents, to the proceeding within the
last 12 months. A “license, permit, or other entitlement for use” includes most land use and
planning approvals and the approval of contracts that are not subject to lowest responsible bid
procedures and have a value over $50,000. A “party” is a person who files an application for, or
is the subject of, a proceeding involving a license, permit, or other entitlement for use. A
“participant” is a person who actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use, and has a financial interest in the
decision. The Levine Act incorporates the definition of “financial interest” in the Political
Reform Act, which encompasses interests in business entities, real property, sources of income,
sources of gifts, and personal finances that may be affected by the Council’s actions. If you
qualify as a “party” or “participant” to a proceeding, and you have made a campaign
contribution to a Council Member exceeding $500 made within the last 12 months, you must
disclose the campaign contribution before making your comments.
4 March 03, 2025
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 03, 2025Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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 COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject 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.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.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 ORDERCLOSED SESSION (5:30 ‐ 7:00 PM)1.CONFERENCE WITH LABOR NEGOTIATORSCity Designated Representatives: City Manager and his Designees Pursuant to MeritSystem Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,Nick Raisch, Tori Post, Molly Stump, Jennifer Fine, and Lauren Lai)Employee Organization: Service Employees International Union, (SEIU) Local 521, UtilitiesManagement and Professional Association of Palo Alto (UMPAPA),Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association(PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’Association (FCA);Authority: Government Code Section 54957.6 (a)AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (7:00 ‐ 7:30 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number ofspeakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of theagenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:30 ‐ 7:35 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:35 ‐ 8:35 PM)2.Review Draft Safe Streets For All (SS4A) Safety Action Plan; CEQA status – not a project.CONSENT CALENDAR (8:35 ‐ 8:40 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.3.Approval of Minutes from February 18, 2025 Meeting4.Approval of Contract Amendment Number 3 to Contract Number S17167826 withNEOGOV, in the Amount of $87,700 to Extend Onboarding Recruitment Software as aService Subscription for an Additional Year for a Revised Total not‐to‐exceed Amount of$499,022 Over 9 Years. CEQA Status ‐ exempt.5.Approval of Purchase Order C25190365 with Kone, Inc. in the Not To Exceed Amount of$672,686 for Elevator, Chairlift, and Platform Lift Maintenance, Repair, Testing, andRelated Services for Five Years; CEQA Status – Categorically Exempt under Sections15301 and 153026.Approval of a Purchase Order with Professional Sales and Service, L.C. in the Not‐to‐Exceed Amount of $429,213, Including an Approximate 5% Contingency in the Amount of$20,439 for Unforeseen Price Increases, for the Purchase of a 2024 Chevrolet G4500Type III Ambulance Utilizing a Cooperative Purchase Agreement, Funded by CapitalImprovement Program Project VR‐23000;7.Approval of Two Professional Services Agreements, C25193332 and C25193333 with EPI‐USE America to Implement Identity Access Governance (IAG) Solutions, SAPSignavio/LeanIX, SAP Governance, Risk, Compliance (GRC) for a Total Not‐To‐ExceedAmount of $289,080, for a Period of One Year; CEQA Status ‐ Not a Project.8.Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 MackayDrive; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305CITY MANAGER COMMENTS (8:40 ‐ 8:55 PM)BREAK (15 MINUTES)ACTION ITEMS (9:10 ‐ 10:30 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.9.FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18(Zoning) to Modify the Housing Incentive Program, Affordable Housing IncentiveProgram, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D;3.4A‐D; and 6.2A). CEQA Status ‐‐ Addendum to the Comprehensive Plan EnvironmentalImpact Report (EIR), adopted December 18, 2023 (SCH #2014052101).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.10.Sales Tax Digest Q3 (Jul‐Sept) 2024OTHER INFORMATIONStanding Committee Meetings this week Finance Committee March 4, 2025Public Comment Letters
Schedule of Meetings
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 for agendized items using a computer or smart phone will
be accepted through the teleconference meeting. To address the Council, click on the link
below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number
listed below. When you wish to speak on an agenda item hit *9 on your phone so we
know that you wish to speak. You will be asked to provide your first and last name before
addressing the Council. You will be advised how long you have to speak. When called
please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
California Government Code §84308, commonly referred to as the "Levine Act," prohibits an
elected official of a local government agency from participating in a proceeding involving a
license, permit, or other entitlement for use if the official received a campaign contribution
exceeding $500 from a party or participant, including their agents, to the proceeding within the
last 12 months. A “license, permit, or other entitlement for use” includes most land use and
planning approvals and the approval of contracts that are not subject to lowest responsible bid
procedures and have a value over $50,000. A “party” is a person who files an application for, or
is the subject of, a proceeding involving a license, permit, or other entitlement for use. A
“participant” is a person who actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use, and has a financial interest in the
decision. The Levine Act incorporates the definition of “financial interest” in the Political
Reform Act, which encompasses interests in business entities, real property, sources of income,
sources of gifts, and personal finances that may be affected by the Council’s actions. If you
qualify as a “party” or “participant” to a proceeding, and you have made a campaign
contribution to a Council Member exceeding $500 made within the last 12 months, you must
disclose the campaign contribution before making your comments.
5 March 03, 2025
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 03, 2025Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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 COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject 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.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.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 ORDERCLOSED SESSION (5:30 ‐ 7:00 PM)1.CONFERENCE WITH LABOR NEGOTIATORSCity Designated Representatives: City Manager and his Designees Pursuant to MeritSystem Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,Nick Raisch, Tori Post, Molly Stump, Jennifer Fine, and Lauren Lai)Employee Organization: Service Employees International Union, (SEIU) Local 521, UtilitiesManagement and Professional Association of Palo Alto (UMPAPA),Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association(PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’Association (FCA);Authority: Government Code Section 54957.6 (a)AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (7:00 ‐ 7:30 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on number ofspeakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of theagenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:30 ‐ 7:35 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:35 ‐ 8:35 PM)2.Review Draft Safe Streets For All (SS4A) Safety Action Plan; CEQA status – not a project.CONSENT CALENDAR (8:35 ‐ 8:40 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.3.Approval of Minutes from February 18, 2025 Meeting4.Approval of Contract Amendment Number 3 to Contract Number S17167826 withNEOGOV, in the Amount of $87,700 to Extend Onboarding Recruitment Software as aService Subscription for an Additional Year for a Revised Total not‐to‐exceed Amount of$499,022 Over 9 Years. CEQA Status ‐ exempt.5.Approval of Purchase Order C25190365 with Kone, Inc. in the Not To Exceed Amount of$672,686 for Elevator, Chairlift, and Platform Lift Maintenance, Repair, Testing, andRelated Services for Five Years; CEQA Status – Categorically Exempt under Sections15301 and 153026.Approval of a Purchase Order with Professional Sales and Service, L.C. in the Not‐to‐Exceed Amount of $429,213, Including an Approximate 5% Contingency in the Amount of$20,439 for Unforeseen Price Increases, for the Purchase of a 2024 Chevrolet G4500Type III Ambulance Utilizing a Cooperative Purchase Agreement, Funded by CapitalImprovement Program Project VR‐23000;7.Approval of Two Professional Services Agreements, C25193332 and C25193333 with EPI‐USE America to Implement Identity Access Governance (IAG) Solutions, SAPSignavio/LeanIX, SAP Governance, Risk, Compliance (GRC) for a Total Not‐To‐ExceedAmount of $289,080, for a Period of One Year; CEQA Status ‐ Not a Project.8.Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 MackayDrive; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305CITY MANAGER COMMENTS (8:40 ‐ 8:55 PM)BREAK (15 MINUTES)ACTION ITEMS (9:10 ‐ 10:30 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.9.FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18(Zoning) to Modify the Housing Incentive Program, Affordable Housing IncentiveProgram, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D;3.4A‐D; and 6.2A). CEQA Status ‐‐ Addendum to the Comprehensive Plan EnvironmentalImpact Report (EIR), adopted December 18, 2023 (SCH #2014052101).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.10.Sales Tax Digest Q3 (Jul‐Sept) 2024OTHER INFORMATIONStanding Committee Meetings this week Finance Committee March 4, 2025Public Comment LettersSchedule of MeetingsPUBLIC COMMENT INSTRUCTIONSMembers 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 thetable at the entrance to the Council Chambers and deliver it to the Clerk prior todiscussion of the item.3. Spoken public comments for agendized items using a computer or smart phone willbe accepted through the teleconference meeting. To address the Council, click on the linkbelow 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 usingyour 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 inolder browsers including Internet Explorer. Or download the Zoom application ontoyour smart phone from the Apple App Store or Google Play Store and enter in theMeeting ID below.You may be asked to enter an email address and name. We request that youidentify yourself by name as this will be visible online and will be used to notify youthat it is your turn to speak.When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk willactivate and unmute speakers in turn. Speakers will be notified shortly before theyare called to speak.When called, please limit your remarks to the time limit allotted. A timer will beshown on the computer to help keep track of your comments.4. Spoken public comments for agendized items using a phone use the telephone numberlisted below. When you wish to speak on an agenda item hit *9 on your phone so weknow that you wish to speak. You will be asked to provide your first and last name beforeaddressing the Council. You will be advised how long you have to speak. When calledplease limit your remarks to the agenda item and time limit allotted.CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its publicprograms, services and meetings in a manner that is readily accessible to all. Persons withdisabilities 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.
California Government Code §84308, commonly referred to as the "Levine Act," prohibits an
elected official of a local government agency from participating in a proceeding involving a
license, permit, or other entitlement for use if the official received a campaign contribution
exceeding $500 from a party or participant, including their agents, to the proceeding within the
last 12 months. A “license, permit, or other entitlement for use” includes most land use and
planning approvals and the approval of contracts that are not subject to lowest responsible bid
procedures and have a value over $50,000. A “party” is a person who files an application for, or
is the subject of, a proceeding involving a license, permit, or other entitlement for use. A
“participant” is a person who actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use, and has a financial interest in the
decision. The Levine Act incorporates the definition of “financial interest” in the Political
Reform Act, which encompasses interests in business entities, real property, sources of income,
sources of gifts, and personal finances that may be affected by the Council’s actions. If you
qualify as a “party” or “participant” to a proceeding, and you have made a campaign
contribution to a Council Member exceeding $500 made within the last 12 months, you must
disclose the campaign contribution before making your comments.
6 March 03, 2025
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
City Council
Staff Report
From: City Manager
Report Type: STUDY SESSION
Lead Department: Transportation
Meeting Date: March 3, 2025
Report #:2409-3522
TITLE
Review Draft Safe Streets for All (SS4A) Safety Action Plan; CEQA status – not a project.
RECOMMENDATION
Review and provide feedback on the Draft Safe Streets for All (SS4A) Safety Action Plan and
Resolution.
EXECUTIVE SUMMARY
This report presents the draft Safe Streets for All (“SS4A”) Safety Action Plan and requests
feedback on the plan and associated resolution. The Safe System Approach is described below,
including future tradeoff considerations that come from the shift to the new roadway safety
approach.
BACKGROUND
In late 2023, the City of Palo Alto and its consultant, Fehr & Peers, began the Safe Streets for All
(SS4A) Safety Action Plan. Council received two prior informational reports about the SS4A
Safety Action Plan; the first introduced the plan and provided background on the Safe System
Approach while the second provided an overview of the collision analysis and stakeholder
engagement.1
The primary goal of this planning effort is to identify proactive, citywide opportunities across
the Safe System elements (safe users, safe speeds, safe roads, safe vehicles, and post-crash
care) to improve safety for all road users in support of the Vision Zero goal of reducing roadway
fatalities and serious injuries by 2035, 2040, or another target year to be adopted by the
Council.
1 City Council, November 27, 2023; Agenda Item #18 , SR #2309-2039,
https://cityofpaloalto.primegov.com/api/compilemeetingattachmenthistory/historyattachment/?historyId=36025
c95-52b1-4da0-bc8b-fad9df86f7e8 and City Council, April 29, 2024; Agenda Item #3, SR #2404-2839,
https://cityofpaloalto.primegov.com/api/compilemeetingattachmenthistory/historyattachment/?historyId=79d7c
1d2-b1a1-4eb9-acca-039fab914f74
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This Plan complies with the Federal Highway Administration (FHWA)’s SS4A requirements for a
safety action plan2 and will make Palo Alto eligible for implementation funding from the annual
$1 billion Safe Streets for All federal funding program as well as other state grants that require
such a plan.
ANALYSIS
Safe System Approach
The Safe System Approach is the USDOT’s
recommended framework to reach zero
fatalities and serious injuries on US roadways.3
The major tenants of the Safe System
Approach are – death and serious injury is
unacceptable, humans make mistakes, humans
are vulnerable, responsibility is shared, safety
is proactive, and redundancy is crucial. The
Safe System Approach highlights the need for
the commitment and leadership by City
leaders, City staff, and the community to align
policies and create a physical environment that
accommodates the reality that humans make
mistakes and crashes happen, but none have
to lead to a death or serious injury. Communities following the Safe System Approach are also
advised to adopt the FHWA Safe System Roadway Design Hierarchy, which focuses on
managing speeds to community context and then separating users in space and time.4 FHWA
has also provided alignment tools for adopting communities to use to assess how projects and
policies should be adjusted to be consistent with the Safe System framework.5 This Plan reflects
these recommended practices.
2 US Department of Transportation, SS4A Action Plan Components,
https://www.transportation.gov/sites/dot.gov/files/2022-06/SS4A_Action_Plan_Components.pdf
3 US Department of Transportation, National Roadway Safety Strategy,
https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf
4 US Department of Transportation & Federal Highway Administration, Safe System Roadway Design Hierarchy,
https://highways.dot.gov/sites/fhwa.dot.gov/files/2024-01/Safe_System_Roadway_Design_Hierarchy.pdf
5 Federal Highway Administration, Safe System Project-Based Alignment Framework,
https://highways.dot.gov/safety/zero-deaths/safe-system-project-based-alignment-framework, and Federal
Highway Administration, Safe System Policy-Based Alignment Framework, https://highways.dot.gov/safety/zero-
deaths/safe-system-policy-based-alignment-framework
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Tradeoff Considerations
Following the Safe System Approach and prioritizing multimodal safety and accessibility in Palo
Alto represents a paradigm shift in how transportation decisions will be made in the City. The
policies, programs, and procedures recommended in this Plan are more proactive and systemic
in nature, and the tradeoff decisions associated with project prioritization and design will
reflect the City’s commitment to reducing safety risk factors in the transportation system.
Program level strategies include:
•Developing a citywide speed management approach and prioritizing interventions to
reduce speed in locations with vulnerable road users
o This could streamline project implementation and focus community engagement
on speed reduction treatments and non-safety based decisions.
o This could lead to additional delay for single occupant vehicles traveling in Palo
Alto due to traffic calming strategies applied.
•Developing default tools for separating users in space and time based on the volume,
speed, and configuration of the roadway
o This could streamline project implementation and focus community engagement
on speed reduction treatments and non-safety based decisions.
o This could lead to a reallocation of vehicle travel lanes and/or on-street parking
to active transportation facilities.
•Prioritizing safety in all roadway projects planned, funded, and built in the city, including
routine maintenance efforts
o This could lead to auditing and eliminating or re-envisioning projects that add
new safety risk to the system.
•Considering safety upstream, with a focus on land use planning, accessibility to key
services, transportation demand management, and partnerships with transit providers
o The City’s Housing Element and transit services within the City will be seen as
safety focus areas for staff, following a public health-based, population-scale
approach.6
When these efforts are collaborative and proactive, and especially when they lean on emerging
technologies and clear goals and performance metrics, they will allow staff to identify
challenges and look for win-win solutions. In other communities, challenges arising late in the
process have included concerns regarding emergency vehicles and evacuation, as well as ample
and transparent access to project and planning processes and tradeoff decision-making bases.
Additionally, communities have faced challenges aligning efforts with the Safe System Approach
when they have commitment statements in a Safety Plan but have not accompanied this with
sufficient efforts to institutionalize the commitment and reduce barriers to adoption. This staff
6 Thinking & Acting Differently for Vision Zero: Applying the Health Impact Pyramid to Roadway Safety,
https://visionzeronetwork.org/applying-the-health-impact-pyramid-to-roadway-safety/
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report, in particular, seeks to provide the transparency on how this Plan will shift staff
priorities, focus areas, and the decision-making processes. The public review and community
engagement efforts for this draft Plan offer the opportunity to influence the tradeoff process
that the final Plan will direct staff to follow.
Draft Safety Action Plan Public Review
The Draft Safety Action Plan was published on the City’s website on December 13, 2024. Staff
distributed information about the Draft Plan through the City’s project website and citywide
communication channels. Public comments will be accepted via the project website through
February 14, 2025.7
Next Steps
The Palo Alto Safety Action Plan will return to Council for adoption in Spring 2025. For
consistency with Federal funding requirements from the SS4A Self-Certification Eligibility
Worksheet8, staff intend to recommend a resolution that contains a policy that commits to
eliminating traffic deaths and serious injuries by a specific date. The draft resolution can be
found on page 3 of the draft plan.
When the project was first brought to the City/School Transportation Safety Committee,
Pedestrian and Bicycle Advisory Committee, and the Planning and Transportation Commission,
collectively referred to here as BCCs (board, committees, and commissions) and shared with
Council via informational reports, the zero-goal year was identified as 2030. Discussions with
stakeholders and City staff identified that more time is needed to align internal processes and
protocols and implement safety projects. This starts with more systematically addressing key
risk factors and barriers to safety that exist in Palo Alto and fortifying the City’s commitment to
make design, maintenance, and operation decisions in alignment with the Safe System
Approach. With the policy, planning, design, and implementation needed to create a roadway
system that is self-enforcing and proactively reduces speeds, staff recommends that the BCCs
and Council identify a zero-goal year of 2035 or 2040 with the final Plan adoption.
Once feedback is consolidated from the community, BCCs and Council, staff and the City’s
consultants will update the Draft Plan and resolution and bring them back to City Council for
final review and adoption.
FISCAL/RESOURCE IMPACT
On June 19, 2023, to fund the development of the Safety Action Plan, Council approved CMR
2305-1525, the funding agreement with FHWA and related budget amendments to the Fiscal
7 Safe Streets for All (SS4A) Safety Action Plan website,
https://www.cityofpaloalto.org/Departments/Transportation/Transportation-Projects/Safety-Action-Plan
8 Safe Streets for All (SS4A) Self-Certification Eligibility Worksheet,
https://www.transportation.gov/sites/dot.gov/files/2024-02/SS4A-FY24-Self-Certification-Worksheet.pdf
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Year 2024 Adopted Capital Budget for the Transportation and Parking Improvements Project
(PL-12000) to increase both revenue and expense appropriation by $160,000 to reflect the
grant revenue and project cost. As explained in CMR 2305-1525, an additional $40,000 in
project cost, which is the 20% City match portion required in the funding agreement, will be
absorbed by existing appropriation within the same project (PL-12000) as a part of the FY2024
Adopted Capital Budget, with no additional budgetary action required. To date, there has been
no indication that federal funding for the Safe Streets and Roads for All program will be
reduced.
STAKEHOLDER ENGAGEMENT
Community Engagement for Plan Development
Chapter 2 of the draft plan details the community engagement conducted. Since Fall 2023,
engagement opportunities included an online survey, an interactive web-based map, and tables
at Bike Palo Alto and the May Fete Fair. For each phase of outreach, the project team met with
various boards, committees, and commissions (BCCs), including the City/School Transportation
Safety Committee (CSTSC), the Pedestrian and Bicycle Advisory Committee (PABAC), and the
Planning and Transportation Commission (PTC). In addition, the Human Relations Commission
(HRC) received a presentation on the draft plan at their January 9, 2025, meeting. As noted in
the Background section, informational reports sharing interim deliverables and summarizing
committee feedback were provided to Council for each phase of the project. Committee
feedback on the Draft Safety Action Plan can be found in Attachment B.
Staff have noted a few consistent comments about omissions in the plan and will make the
following changes to the Draft Safety Action Plan:
•Safe Routes to School (SRTS) education and encouragement programs will be detailed
further in the plan.
•The Safe System Pyramid in the plan will be modified to reflect Palo Alto’s SRTS work
more accurately.
•The City’s forthcoming San Antonio Area Plan will be included in the plan.
Safety Action Plan Task Force
Ongoing stakeholder engagement is required for the implementation of the Safety Action Plan.
Rather than create a new body to oversee plan implementation, staff propose to use existing
BCCs staffed by the Office of Transportation: the City/School Transportation Safety Committee,
the Pedestrian and Bicycle Advisory Committee, and the Planning and Transportation
Commission. Plan progress and collision data would be shared with the three bodies that would
make recommendations to the City Council about Plan activities.
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ENVIRONMENTAL REVIEW
This study session is not a project as defined by CEQA because it does not involve any
commitment to any specific project which may result in a potentially significant physical impact
on the environment. CEQA Guidelines section 15061(b)(3).
ATTACHMENTS
Attachment A: Draft Palo Alto Safety Action Plan
Attachment B: Summary of BCC Feedback
APPROVED BY
Lily Lim-Tsao, Interim Chief Transportation Official
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Attachment A
The Safe Streets for All Safety Action Plan can be viewed at this link:
https://www.cityofpaloalto.org/files/assets/public/v/1/transportation/projects/ss4a-safety-
action-plan/palo-alto_public-draft-safety-action-plan-121624.pdf
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Alto Safety Action Plan
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Attachment B
Summary of Standing Committee Feedback
on the Draft SS4A Safety Action Plan
Pedestrian and Bicycle Advisory Committee (January 7)
- Comments around goal year
o 2040 goal is unrealistic.
o 2035 goal is hard but feasible.
o Plan goal should align with Caltrans’ 2050 target year with a 20% reduction
every 5 years.
o Zero is impossible, goal should be a reduction of a certain percentage.
- The safety focus areas are appropriate.
- Include a reference to San Antonio Road’s forthcoming Area Plan
- The Plan needs to be a joint plan of OOT, PW, and PD.
- How will PD enforce speed laws?
- The systemic analysis, construction management plan, and other proactive
programs are appreciated.
- Support was expressed for speed reduction and countermeasures toolbox.
- Zoning changes are not consistent with place-making in City. Housing will be added
to San Antonio Rd and El Camino Real (ECR) which are on the High Injury Network.
How can we make it easier to live without a car for those future residents, some of
whom will be low-income?
- Request for more bicycle safety education for adults and children.
Human Relations Commission (January 9)
- Support for 2035 target year
- School safety
o Identify key intersections near schools.
o Concerns were expressed around students biking to school.
o Prioritize traffic calming near schools.
o Concerns were expressed about biking near ECR as parking is confusing near
an intersection, and it’s unclear who has the right of way
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Attachment B - Summary
of BCC Feedback
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City/School Transportation Safety Committee (January 23)
- Daylighting and pedestrian safety: How is City responding to AB 413?
- Storytelling is needed around SRTS education program
o Note: An update to Safe System Pyramid was made prior to this meeting (but
after Draft Plan publishing) to remove education and change it to Awareness
Measures. This update will be reflected in the Final Draft.
Planning and Transportation Commission (January 29)
- Comments around goal year
o 2040: Allows City to collaborate – It will take a lot of resources (time and
funds) to be consistent with SSA and implement infrastructure.
o 2035 or sooner: Death and fatalities are unacceptable. Urgency is needed.
Most commissioners requested 2035.
o Assume that all the City’s projects are working towards zero deaths and
fatalities – What does the different in goal years actually mean?
Biggest change is focus on creating resources for safety-related
projects, plans, and policies
City’s projects are currently more reactive, policies are conflicting and
need to be rectified. Policies need to be cleaned up regularly
- There was understanding that VMT reduction is a safety strategy: Look at both local
and regional VMT. City land use choices reduce VMT.
- High Injury Network (HIN): Alma and Middlefield look to have a similar number of
collisions, why was the entirety of Alma not included?
o Note: Designation was based on scoring of collision types and where the
collisions occurred. Portions of Alma near the downtown are included as part
of the HIN.
- Include reference to San Antonio Road’s forthcoming Area Plan.
- Identify how the City will implement the plan and allocate funding for monitoring
- Data collection: The plan uses historical data, but police reports are received
weekly. How can the community receive timely data?
- There are too many references to FHWA that will not resonate with public.
- Education and encouragement need to be detailed further in the Safety Action Plan
- PTC requests OOT to engage more regularly to champion changes requested in the
Safety Action Plan
- Safe System Pyramid and funding figures are difficult to understand.
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of BCC Feedback
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- Appreciates emphasis on speed management. City will need to consider how this
affects parallel routes.
- Concern that other priorities besides safety are not ignored, like education.
- Support was expressed for Impact Review Updates, Rapid Response Team, and
Quick-Build Program.
- The tone of the plan is not action-oriented. Add more action-oriented content to the
front/main part of the document.
- Plan should include more about Palo Alto’s track record in getting people out of
cars.
- Guidelines are needed for other departments.
- Need more police to enforce traffic laws.
- Fix the equity map. The shades of blue are not distinguishable. Page 46.
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of BCC Feedback
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: March 3, 2025
Report #:2502-4184
TITLE
Approval of Minutes from February 18, 2025 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A - February 18, 2025 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
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CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 1
Special Meeting
February 18, 2025
The City Council of the City of Palo Alto met on this date at Mitchell Park Community Center
and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Veenker
Present Remotely:
Absent: Stone
Call to Order
Cubberley Visioning Workshop Session Action Items
1. City Council discussion and possible action on an overall vision for the Cubberley master
plan.
NO ACTION
Vision Statement: A vibrant and beloved destination with activities, amenities, and offerings
that promote learning, joy, and wellbeing where all cultures and generations belong.
Adjournment: The meeting was adjourned at 8:01 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the
City’s website.
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Attachment A - February
18, 2025 Draft Action
Minutes
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: IT Department
Meeting Date: March 3, 2025
Report #:2501-4024
TITLE
Approval of Contract Amendment Number 3 to Contract Number S17167826 with NEOGOV, in
the Amount of $87,700 to Extend Onboarding Recruitment Software as a Service Subscription
for an Additional Year for a Revised Total not-to-exceed Amount of $499,022 Over 9 Years.
CEQA Status - exempt.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or designee to
execute Amendment No. 3 to Contract No. S17167826 with NEOGOV (Attachment A) to extend
onboarding recruitment software as a service subscription in an amount not to exceed for
$87,700 for an additional year. This amendment results in a revised total not-to-exceed amount
of $499,022.
BACKGROUND
The City of Palo Alto Human Resources (HR) department currently utilizes NEOGOV, a cloud-
based HR software platform, to manage recruitment, onboarding, and performance
evaluations. The original Contract No. S17167826 was executed on April 9, 2017, with a sole
source justification under Contract No. S14152589, for a total not-to-exceed (NTE) value of
$87,964.26 over three years. Subsequent amendments were made to extend the contract and
enhance its services:
•Amendment No. 1 (June 1, 2020): Extended the term to April 8, 2022, added onboarding
and API services, and increased the NTE amount to $161,440.
•Amendment No. 2 (April 9, 2022): Extended the contract to June 30, 2025, added new
modules, and increased the NTE amount to $411,322.
The software's functionalities include job application tracking, onboarding, and reporting with
data analytics. These features are critical to ensuring continuity in HR processes and supporting
the City’s recruitment and retention objectives.
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ANALYSIS
To maintain uninterrupted HR operations, staff recommends extending the NEOGOV contract
for an additional year. This extension will provide sufficient time to complete a comprehensive
Request for Proposals (RFP) process to evaluate and transition to a new software solution, if
needed. The RFP was posted on February 7, 2025, with the intent to award in May 2025 and
present to Council in August 2025. If a new solution is selected, implementation will start in
September 2025 and is anticipated to go live in March/April 2026.
The current contract expires on June 30, 2025, and the proposed Amendment No. 3 would
extend the term to June 30, 2026. The additional year serves as a contingency to ensure a
smooth and efficient transition, allowing the department to carefully implement a new system,
if selected. By extending the contract, the City avoids potential costs and operational
inefficiencies that could arise from prematurely transitioning to a new platform. This approach
ensures HR processes remain fully functional and supports the City’s recruitment and
onboarding needs during the transition period.
The extension aligns with Palo Alto Municipal Code (PAMC) Section 2.30.360(b), which permits
exemptions to competitive solicitation when it provides fiscal, operational, or sourcing benefits.
In this case, the extension secures the continuity of critical HR functions while enabling a well-
planned and cost-effective transition strategy.
FISCAL/RESOURCE IMPACT
Funding this purchase order in FY 2025 in the amount of $87,700 is within budgeted levels
adopted by the City Council in the Information Technology Department, no additional funding is
requested.
The Information Technology (IT) Department is funded by an Internal Service Fund (ISF) that
allocates costs to other funds across the City to provide technology-related services to other
City departments and funds. Approximately 45% of the services provided are for the General
Fund with the remaining 55% for other funds such as enterprise, special revenue, and other
internal service funds.
STAKEHOLDER ENGAGEMENT
The services were coordinated with internal stakeholders and the service provider.
ENVIRONMENTAL REVIEW
The approval of these contracts is exempt from review under the California Environmental
Quality Act (CEQA) under CEQA Guidelines section 15061(c)(3) because it can be seen that
there is no possibility that the activity in question may have a significant effect on the
environment.
ATTACHMENTS
Attachment A: NEOGOV Contract S17167826, Amendment No. 3
APPROVED BY: Darren Numoto, Chief Information Officer
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Vers.: Aug. 5, 2019 Page 1 of 8
AMENDMENT NO. 3 TO CONTRACT NO. S17167826
BETWEEN THE CITY OF PALO ALTO AND
GOVERNMENTJOBS.COM, INC. dba NEOGOV
This Amendment No. 3 (this “Amendment”) to Contract No. S17167826 (the “Contract”
as defined below) is entered into as of March 17, 2025, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and GOVERNMENTJOBS.COM, INC. dba
NEOGOV, a California corporation, located at 222 N. Sepulveda Blvd., Suite 2000, El Segundo, CA
90245 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in
this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of onboarding recruitment software as service subscription, as detailed
therein.
B. The Parties now wish to amend the Contract in order to extend the term for an
additional 12-month, expiration date changing from June 30, 2025 to June 30, 2026; increase
compensation by Eighty Seven Thousand Six Hundred Ninety Nine Dollars and Sixty One Cents
($87,699.61), changing total not to exceed compensation from Four Hundred Eleven Thousand
Three Hundred Twenty Two Dollars and Seventeen Cents ($411,322.17) to a new total of Four
Hundred Ninety Nine Thousand Twenty One Dollars and Seventy Eight Cents ($499,021.78).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. S17167826
between CONSULTANT and CITY, dated April 9, 2017, as amended by:
Amendment No.1, dated June 1, 2020
Amendment No.2, dated April 9, 2022
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 3, “TERM.” of the Contract is hereby amended to read as follows:
“The term of this Agreement is from April 9, 2017 to June 30, 2026 inclusive, subject to the
provisions of Sections R and W of the General Terms and Conditions.”
Docusign Envelope ID: 943FA19C-FACD-4E5A-B46A-07D590E8F3B1
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Attachment A - NEOGOV
Contract S17167826,
Amendment No. 3
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Vers.: Aug. 5, 2019 Page 2 of 8
SECTION 3. Section 5, “COMPENSATION FOR ORIGINAL TERM.” of the Contract is hereby
amended to read as follows:
“CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the
full performance of the Services and reimbursable expenses, if any:
A sum calculated in accordance with the fee schedule set forth at Exhibit C (Compensation), not
to exceed a total maximum compensation amount of Four Hundred Ninety Nine Thousand
Twenty One Dollars and Seventy Eight Cents ($499,021.78). CONTRACTOR agrees that it can
perform the Services for an amount not to exceed the total maximum compensation set forth
above. Any hours worked or services performed by CONTRACTOR for which payment would
result in a total exceeding the maximum amount of compensation set forth above for
performance of the Services shall be at no cost to CITY.”
SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are
hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, ADDED, REPLACES
PREVIOUS.
b. Exhibit “C” entitled “COMPENSATION”, ADDED, REPLACES PREVIOUS.
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
Docusign Envelope ID: 943FA19C-FACD-4E5A-B46A-07D590E8F3B1
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Attachment A - NEOGOV
Contract S17167826,
Amendment No. 3
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Vers.: Aug. 5, 2019 Page 3 of 8
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or Designee
GOVERNMENTJOBS.COM, INC. dba
NEOGOV
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
EXHIBIT B - SCHEDULE OF PERFORMANCES, AMENDMENT NO.3 (AMENDED, REPLACES
PREVIOUS)
EXHIBIT C - COMPENSATION, AMENDMENT NO.3, (AMENDED, REPLACES PREVIOUS)
Docusign Envelope ID: 943FA19C-FACD-4E5A-B46A-07D590E8F3B1
Sandy Miranda
Chief Customer Officer
COO
Aaron Coleman
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Attachment A - NEOGOV
Contract S17167826,
Amendment No. 3
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Vers.: Aug. 5, 2019 Page 4 of 8
EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO.3
(AMENDED, REPLACES PREVIOUS)
CONTRACTOR shall provide the Services detailed in Exhibit A (Scope of Services) during the
periods specified as follows:
Services to Be Provided During the Period Covering:
Onboard Software License 04/09/2017 – 04/08/2020
API License 04/09/2017 – 04/08/2020
Insight Enterprise Software License 04/09/2017 – 04/08/2020
Governmentjobs.com Subscription 04/09/2017 – 04/08/2020
Services to Be Provided During the Period Covering, Amendment No.1:
Onboard Software License 04/09/2020 – 04/08/2022
API License 04/09/2020 – 04/08/2022
Insight Enterprise Software License 04/09/2020 – 04/08/2022
Governmentjobs.com Subscription 04/09/2020 – 04/08/2022
Background Check 12/13/2019 – 04/08/2022
Candidate Text Messaging 01/09/2020 – 04/08/2022
Services to Be Provided During the Period Covering, Amendment No.2:
Onboard Software License 04/09/2022 – 06/30/2025
API License 04/09/2022 – 06/30/2025
Insight Enterprise Software License 04/09/2022 – 06/30/2025
Governmentjobs.com Subscription 04/09/2022 – 06/30/2025
Background Check 04/09/2022 – 06/30/2025
Candidate Text Messaging 04/09/2022 – 06/30/2025
Perform Subscription 11/01/2022 – 06/30/2025
Employee Integration Subscription 11/01/2022 – 06/30/2025
Professional Services
–Perform Implementation and Training
–Employee Import Setup
–Single Sign On Setup
- Position Import Setup
11/01/2022 – 06/30/2025
Single Sign-on (SSO) 11/01/2022 – 06/30/2025
Position Import Subscription 11/01/2022 – 06/30/2025
Docusign Envelope ID: 943FA19C-FACD-4E5A-B46A-07D590E8F3B1
Item 4
Attachment A - NEOGOV
Contract S17167826,
Amendment No. 3
Item 4: Staff Report Pg. 6 Packet Pg. 24 of 240
Vers.: Aug. 5, 2019 Page 5 of 8
Services to Be Provided During the Period Covering, Amendment No.3:
Onboard Software License 07/01/2025 – 06/30/2026
API License 07/01/2025 – 06/30/2026
Insight Subscription 07/01/2025 – 06/30/2026
Governmentjobs.com Subscription 07/01/2025 – 06/30/2026
Customer Background Check Integration 07/01/2025 – 06/30/2026
Candidate Text Messaging 07/01/2025 – 06/30/2026
Perform Subscription 07/01/2025 – 06/30/2026
Employee Import Subscription 07/01/2025 – 06/30/2026
Single Sign-on (SSO) 07/01/2025 – 06/30/2026
Position Import Subscription 07/01/2025 – 06/30/2026
Docusign Envelope ID: 943FA19C-FACD-4E5A-B46A-07D590E8F3B1
Item 4
Attachment A - NEOGOV
Contract S17167826,
Amendment No. 3
Item 4: Staff Report Pg. 7 Packet Pg. 25 of 240
Vers.: Aug. 5, 2019 Page 6 of 8
EXHIBIT C
COMPENSATION, AMENDMENT NO.3
(AMENDED, REPLACES PREVIOUS)
CITY shall compensate CONTRACTOR for performance of the Services according to the
following fee schedules for the applicable time period, with the maximum amount of
compensation not to exceed the amount stated in Sections 5 of this Agreement. Any
Services provided for which payment would result in a total exceeding the maximum
amount of compensation set forth herein shall be at no cost to CITY. The parties
understand and agree that the fees payable to the CONTRACTOR under this Agreement
are provided in the fee schedules below and that there are no per-user fees under this
Agreement.
Schedule of Fees for the Period Covering: 04/09/2017 – 04/08/2020
ITEM 3-Year Total License Cost
Insight Enterprise $38,755.26
Onboard Software License $42,300.00
API License $1,410.00
Governmentjobs.com
Subscription $5,499.00
Total $87,964.26 (Paid in full)
Schedule of Fees for the Period Covering (Amendment No.1): 4/9/2020 – 4/8/2022
ITEM 4/9/20 -
4/8/21
4/9/21 -
4/8/22
Insight $14,430.15 $15,151.66
Onboard $15,750.00 $16,537.50
Onboard API $500.00 $500.00
Governmentjobs.com $2,047.50 $2,149.88
Background Check $2,000.00 $2,000.00
Candidate Text Messaging $1,175.00 $1,233.75 Total
Total
$35,902.65
$37,572.79
$73,475.44
(Paid in full)
Docusign Envelope ID: 943FA19C-FACD-4E5A-B46A-07D590E8F3B1
Item 4
Attachment A - NEOGOV
Contract S17167826,
Amendment No. 3
Item 4: Staff Report Pg. 8 Packet Pg. 26 of 240
Vers.: Aug. 5, 2019 Page 7 of 8
Schedule of Fees for the Period Covering (Amendment No.2): 4/9/2022 – 6/30/2025
ITEM 4/9/2022 - 6/30/2022 7/1/2022 – 6/30/2023
11/1/22 -
6/30/23 7/1/2023 – 6/30/2024 7/1/2024 – 6/30/2025
Insight $3,617.72 $15,909.24 $16,704.70 $17,539.94
Onboard $3,948.61 $17,364.38 $18,232.60 $19,144.23
Onboard API $119.38 $525.00 $551.25 $578.81
Governmentjobs.com $513.32 $2,257.37 $2,370.24 $2,488.75
Background Check $477.53 $2,100.00 $2,205.00 $2,315.25
Candidate Text $294.58 $1,295.44 $1,360.21 $1,428.22
Messaging
Perform Subscription -- -- $10,135.16 $30,573.00 $32,101.65
Employee Import -- -- $1,044.25 $3,150.00 $3,307.50
Subscription
Professional Services:
• Perform
Implementation &
Training
• Employee Import
Setup
• Position Import
Setup
• Single Sign On
Setup
--
--
$8,000.00
-
-
-
-
-- --
$6,300.00 -
-
-
-
-- -- $6,300.00 -- --
-- -- -- --
$3,000.00
Single Sign-On (SSO) -- -- $713.74 $2153.00 $2,260.65
Position Import
Subscription
-- -- $1,044.25 $3,150.00 $3,307.50 GRAND TOTAL
TOTALS $8,971.14 $39,451.43 $36,537.40 $80,450.00 $84,472.50 $249,882.47
Schedule of Fees for the Period Covering (Amendment No.3): 7/1/2025 – 6/30/2026
ITEM Quantity
(Employee Based)
7/1/2025 –
6/30/2026
Insight Subscription 1,400 $18,943.14
Docusign Envelope ID: 943FA19C-FACD-4E5A-B46A-07D590E8F3B1
Item 4
Attachment A - NEOGOV
Contract S17167826,
Amendment No. 3
Item 4: Staff Report Pg. 9 Packet Pg. 27 of 240
Vers.: Aug. 5, 2019 Page 8 of 8
Onboard Subscription 1,400 $20,388.60
Onboard API 1 $616.43
Governmentjobs.com
Subscription
1,400 $2,737.63
Background Check 1 $2,465.74
Candidate Text 1,400 $1,571.04
Messaging Subscription
Perform Subscription 1,111 $32,101.59
Employee Import 1,111 $3,307.34
Subscription
Single Sign-On (SSO) 1,111 $2,260.65
Position Import
Subscription
1,111 $3,307.34 GRAND
TOTAL
TOTALS $87,699.61
Total not-to-exceed amount of the Agreement:
For the Period Covering: 04/09/2017 – 04/08/2020: $ 87,964.26 (Paid in full)
For the Period Covering: 04/09/2020 – 04/08/2022: $ 73,475.44 (Paid in full)
For the Period Covering: 04/09/2022 – 06/30/2025: $ 249,882.47 (Paid in full)
For the Period Covering: 07/01/2025 – 06/30/2026: $ 87,699.61
Total not-to-exceed: $ 499,021.78
Docusign Envelope ID: 943FA19C-FACD-4E5A-B46A-07D590E8F3B1
Item 4
Attachment A - NEOGOV
Contract S17167826,
Amendment No. 3
Item 4: Staff Report Pg. 10 Packet Pg. 28 of 240
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: March 3, 2025
Report #:2410-3570
TITLE
Approval of Purchase Order C25190365 with Kone, Inc. in the Not To Exceed Amount of
$672,686 for Elevator, Chairlift, and Platform Lift Maintenance, Repair, Testing, and Related
Services for Five Years; CEQA Status – Categorically Exempt under Sections 15301 and 15302
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
approve Purchase Order C25190365 with Kone, Inc. for elevator, chairlift, and platform lift
maintenance, repair, testing, and related services for a five-year contract term in the not-to-
exceed amount of $672,686, which includes $372,686 for basic maintenance services and
$300,000 for repairs, upgrades, parts due to misuse, vandalism, and other unforeseen
circumstances not covered by the maintenance agreement for a five year term.
BACKGROUND
There are seventeen passenger elevators, one chair lift, and one dumb waiter located within
City buildings. The California Division of Occupational Safety and Health (Cal/OSHA) Elevator
Section regulates all elevators in the State of California. The Section recommends standards,
regulations, and amendments to the California Elevator Rules as outlined in the Labor Code
Section 7300–7324.2 and Title 8 subchapter 6: Elevator Safety Orders. These Safety Orders
mandate periodic maintenance and inspections to ensure the safety of the riding public and
elevator workers.
The City executed contract S16159873 with Kone, Inc with the term of July 1, 2015 through
June 30, 2018, utilizing Omnia Cooperative Agreement, formerly US Communities. The City
executed contract S19172537 with Kone, Inc with the term of July 1, 2018 to March 31, 2019
while staff attempted to process another US Communities cooperative agreement.
Unfortunately, legal teams for the City and Kone were unable to agree on contract language
after several months of negotiations. COVID further hindered finalizing a contract. This new
cooperative purchasing agreement establishes a new five-year contract with Kone, Inc.
Item 5
Item 5 Staff Report
Item 5: Staff Report Pg. 1 Packet Pg. 29 of 240
ANALYSIS
Procurement Process
The Statement of Work # 1 (“SOW”, Attachment A) is issued pursuant to Purchasing Agreement
# 2019.001564 dated October 1, 2019, between University of California, CA and Supplier, Kone,
Inc. (“Agreement”)1, and Amendment No. 2 with renewal date of September 1, 2024 through
August 31, 20292. Amendment No. 1 dated December 23, 2019, updates Section 4 of the
Agreement regarding price increases and price decreases.3 This Agreement was established
through OMNIA Partners (OMNIA). The scope of work includes contracted services for elevator,
chairlift, and platform lift maintenance, repair, testing, and related services. Depending on the
type of elevator this will include monthly, quarterly, and annual preventative maintenance. The
scope of work also includes additional services, which include repairs, upgrades, parts due to
misuse, vandalism, emergency response to entrapments, and other unforeseen circumstances
not covered by the maintenance agreement.
Per Palo Alto Municipal code 2.30.360(j), the City can take advantage of cooperative purchasing
agreements provided: (i) the services are solicited using methods substantially similar to those
required under the Municipal Code, as determined by the Procurement Officer; and (ii) the
contract is consistent with the requirements under the Municipal Code. OMNIA Partners
(OMNIA) provides discounts for government entities purchasing elevator service and
maintenance. The cooperative purchasing agreement contract was competitively solicited and
publicly awarded through the cooperating purchasing organizations and the purchase orders
are consistent with the requirements of the Municipal Code. Cooperative purchasing programs
allow government organizations to use a single solicitation with the best value and favorable
terms and conditions. The use of this OMNIA Partners agreement will allow for substantial
saving compared to the current agreement. The City is currently paying $525 per hour for the
services of a licensed elevator mechanic. The first year per hour rate for the licensed elevator
mechanic using the OMNIA Partners agreement is $293.
FISCAL/RESOURCE IMPACT
The purchase order (Attachment C) recommended in this report will be funded jointly by the
Public Works Department (PWD) and the Office of Transportation (OOT). Maintenance costs
are determined by the elevator’s type, age, and the number of floors in the structure.
Attachment B provides a breakdown of the monthly cost for each City facility. The majority of
1 Kone General Service Cooperative Agreement for the Maintenance and Repair of Elevators 2019.00156;
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/public-
services/contracts/2019001564_kone_-university-of-california-purchasing-agreement.pdf
2 Kone Amendment #2 to the General Service Cooperative Agreement for the Maintenance and Repair of Elevators
2019.00156; 2019.001564_kone-university-of-california-amendment-2-to-agreement.pdf
3 Kone Amendment #1 to the General Services Cooperative Agreement for the Maintenance and Repair of
Elevators 2019.00156; 2019.001564_kone-university-of-california-amendment-1-to-agreement.pdf
Item 5
Item 5 Staff Report
Item 5: Staff Report Pg. 2 Packet Pg. 30 of 240
elevators requiring higher maintenance are located within public parking facilities, which fall
under the OOT administration. This is reflected in a cost-sharing split where 45% of funding is
provided by PWD and 55% by OOT. Funding for Year 1 of this contract is available in the Fiscal
Year 2025 Adopted operating budgets of both departments. The funding for the remaining four
years of the contract will be subject to appropriation of funds through the annual budget
process. The total contract amount of $672,686 includes $372,686 for basic services and
$300,000 for additional services for repairs, upgrades, parts due to misuse, and vandalism not
covered by the maintenance agreement. The fee schedule is detailed below according to the
contract terms and funding sources:
STAKEHOLDER ENGAGEMENT
Staff and the public will be notified if testing or repair work will be disruptive to their use of
workspaces or parking facilities.
ENVIRONMENTAL REVIEW
This contract is categorically exempt from the California Environmental Quality Act (CEQA)
under Sections 15301 of the CEQA guidelines as maintenance of an existing facility and no
further environmental review is necessary.
ATTACHMENTS
Attachment A: Kone Statement of Work
Attachment B: Kone Five-Year Costs Summary
Attachment C: Kone Purchase Order C25190365
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
Item 5
Item 5 Staff Report
Item 5: Staff Report Pg. 3 Packet Pg. 31 of 240
Revised 7/12/17 Page 1 of 3
KONE Internal
ATTACHMENT A TO PURCHASING AGREEMENT # 2019.001564
STATEMENT OF WORK
This Statement of Work # 1 (“SOW”) is issued pursuant to Purchasing Agreement # 2019.001564 dated October 1, 2019
between UC and Supplier (“Agreement”). And Amendment #2 with renewal date of September 1st, 2024 through August 31st,
2029.
1. Term of SOW
This SOW will begin on September 1st, 2024 (“Effective Date”) and continue through June 30th, 2029. This SOW may not be
renewed or otherwise amended except through a Change Order pursuant to the Change Management section below.
2. Vertical Transportation - Scope of Work Description
Below is a sample of the type of coverage that can be provided to various UC facilities. Actual Scope will be
determined by individual campus or agency requirements.
ELEVATOR, ESCALATOR AND WALKWAY MAINTENANCE, REPAIR AND MODERNIZATION SERVICES AND RELATED
SOLUTIONS OFFERED BY SUPPLIER.
Elevator, Escalator, Walkway, Wheelchair Lift, Platform Lift, and Dumbwaiter Maintenance: This includes the furnishing of
all material, labor, supervision, tools, supplies, and other expenses necessary to provide full service and preventative
maintenance services, and repairs of every description, including inspections, adjustments, test and replacement of parts as
herein specified for all equipment covered under this Request for Proposal. Include the complete range of maintenance
services and solutions offered by Supplier for all manufacturers' equipment to keep equipment in safe, fully operational
condition. Such maintenance services are to include reliable established and documented maintenance procedures and
schedules to insure reliable performance of equipment under a regularly scheduled program. This includes using a
structured maintenance management program to deliver high quality service tailored to each specific unit's needs.
Equipment type, component life, equipment usage, and building environment should be taken into account by the Supplier
in this scheduling system, which will be used to plan maintenance activities in advance. The Supplier is to have an
established system for fully documenting maintenance procedures performed, service calls received and answered and
major repairs scheduled and completed. The Supplier is to have an effective system of self-audit mechanism to insure
designated tasks are completed as scheduled, with the ability to provide periodic written condition report covering each
piece of equipment.
Elevator, Escalator, Walkway, Wheelchair Lift, Platform Lift and Dumbwaiter Modernization: This includes the furnishing
of all material, labor, supervision, tools, supplies and other expenses necessary to provide repairs, upgrades and
modernization of every description for all equipment covered under this Request for Proposal. Supplier is to offer the
complete range of repairs and upgrade solutions ranging from any improvement, modification, renovation or additional
equipment or features added or made to existing elevators, escalators, and walkway equipment to better the performance,
safety, cosmetic appearance or to meet any new code (building or equipment) requirements, local jurisdiction
requirements, insurance requirements or to repair any equipment that may need to be modified or replaced due to
obsolescence, flood, fire, any damage done to equipment for any reason, part failure, misuse or age. Examples include, but
are not limited to, new or update controllers for all types of equipment, new or update signal fixtures for all types of
equipment, new hydraulic jack, machine or pump unit modifications or replacements, new or modifications to elevator cab
interiors, new door edges, new valves, new ropes, new or modified door equipment, new or modified car door operators,
new or modified hoistway doors or equipment, ADA upgrades, any code upgrades, and escalator or walkway steps or
pallets, complete replacement (except for truss) and handrails.
Related Products, Services and Solutions: Additional related products, services or solutions offered by Supplier. Examples
include but are not limited to the following:
• Dedicated route mechanics
• Phone Monitoring
• 24/7 Remote Monitoring services
Item 5
Attachment A: KONE
Statement of Work
Item 5: Staff Report Pg. 4 Packet Pg. 32 of 240
Revised 7/12/17 Page 2 of 3
KONE Internal
PROPOSED SCOPE OF WORK:
KONE has been selected to provide goods and services to the City of Palo Alto by virtue of having an existing contract in
place with the OMNIA via the University of California Contract award under Purchasing Agreement #2019.001564. Supplier
agrees to continue to provide the same services and deliverables under the existing KONE Contract #41081759 dated July
1st, 2015 with all Terms and Conditions remaining unchanged except the for the terms and conditions set forth in this
Attachment A dated September 1st, 2024.
Site Name Street City Equipment Equipment
Type
2024-
2025
Monthly Price
2025-
2026
Monthly Price
2026-
2027
Monthly Price
2027-
2028
Monthly Price
2028-
2029
Monthly Price
PALO ALTO CIVIC
CENTER
250 HAMILTON
AVENUE
PALO
ALTO
4 PASSENGER
ELEVATORS TP $ 1,214.00 $ 1,262.56 $ 1,313.06 $ 1,365.58 $ 1,420.21
BRYANT STREET
GARAGE
445 BRYANT
STREET
PALO
ALTO
2 PASSENGER
ELEVATORS TP $ 670.00 $ 696.80 $ 724.67 $ 753.66 $ 783.81
HIGH STREET GARAGE 528 HIGH STREET PALO ALTO 1 PASSENGER ELEVATOR HP $ 165.00 $ 171.60 $ 178.46 $ 185.60 $ 193.03
WEBSTER STREET GARAGE 520 WEBSTER STREET PALO ALTO 2 PASSENGER ELEVATORS TP $ 670.00 $ 696.80 $ 724.67 $ 753.66 $ 783.81
PALO ALTO
LIBRARY
1213 NEWELL
ROAD
PALO
ALTO BACK D/W DW $ 26.00 $ 27.04 $ 28.12 $ 29.25 $ 30.42
FOOTHILL
COLLEGE
4000
MIDDLEFIELD
ROAD
PALO
ALTO
1 PASSENGER
ELEVATOR HP $ 165.00 $ 171.60 $ 178.46 $ 185.60 $ 193.03
MITCHELL PARK
LIBRARY
3700 MIDDLEFIELD
ROAD
PALO
ALTO
2 PASSENGER
ELEVATORS EP $ 712.00 $ 740.48 $ 770.10 $ 800.90 $ 832.94
ART CENTER 1313 Newell
Court
PALO
ALTO Front D/W WCL $ 26.00 $ 27.04 $ 28.12 $ 29.25 $ 30.42
LOT Q 430 High St PALO
ALTO
1 PASSENGER
ELEVATOR HP $ 304.00 $ 316.16 $ 328.81 $3 41.96 $ 355.64
350 SHERMAN 350 Sherman PALO ALTO 2 PASSENGER ELEVATORS EP $ 1,338.00 $ 1,391.52 $ 1,447.18 $ 1,505.07 $ 1,565.27
CITY OF PA FIRE STATION 3 799 Embarcadero PALO ALTO 1 PASSENGER ELEVATOR HP $ 215.00 $ 223.60 $ 232.54 $ 241.85 $ 251.52
445 BRYANT 445 BRYANT
STREET
PALO
ALTO
1 PASSENGER
ELEVATOR HP $ 229.00 $ 238.16 $ 247.69 $ 257.59 $ 267.90
BILLING RATES (2024):
LOCATION 2024 LICENSED
MECHANIC
2024 MECHANIC
HELPER 2024 Adjuster
IUEC LOCAL
UNION NO CITY/CITIES AND SURROUNDING AREAS NORMAL
HOURS OVERTIME SUNDAYS/
HOLIDAYS
NORMAL
HOURS OVERTIME SUNDAYS/
HOLIDAYS
NORMAL
HOURS OVERTIME
SUNDAYS/HOLIDAYS
8 San Francisco, CA $ 293 $ 506 $ 596 $ 250 $ 422 $ 497 $ 328 $ 556 $ 655
BILLING RATES (2025):
LOCATION 2024 LICENSED
MECHANIC
2024 MECHANIC
HELPER 2024 Adjuster
IUEC LOCAL UNION NO CITY/CITIES AND SURROUNDING AREAS NORMAL HOURS OVERTIME SUNDAYS/ HOLIDAYS NORMAL HOURS OVERTIME SUNDAYS/ HOLIDAYS NORMAL HOURS OVERTIME
SUNDAYS/HOLIDAYS
8 San Francisco, CA $327.30 $556.41 $654.60 $273.69 $465.28 $547.38 $359.28 $610.77 $718.56
Item 5
Attachment A: KONE
Statement of Work
Item 5: Staff Report Pg. 5 Packet Pg. 33 of 240
Revised 7/12/17 Page 3 of 3
KONE Internal
BILLING RATES (2026):
LOCATION 2024 LICENSED
MECHANIC
2024 MECHANIC
HELPER 2024 Adjuster
IUEC LOCAL UNION NO CITY/CITIES AND SURROUNDING AREAS NORMAL HOURS OVERTIME SUNDAYS/ HOLIDAYS NORMAL HOURS OVERTIME SUNDAYS/ HOLIDAYS NORMAL HOURS OVERTIME
SUNDAYS/HOLIDAYS
8 San Francisco, CA $338.75 $575.88 $677.51 $283.27 $481.56 $566.54 $371.85 $632.15 $743.71
BILLING RATES (2027):
LOCATION 2024 LICENSED
MECHANIC
2024 MECHANIC
HELPER 2024 Adjuster
IUEC LOCAL UNION NO CITY/CITIES AND SURROUNDING AREAS NORMAL HOURS OVERTIME SUNDAYS/ HOLIDAYS NORMAL HOURS OVERTIME SUNDAYS/ HOLIDAYS NORMAL HOURS OVERTIME
SUNDAYS/HOLIDAYS
8 San Francisco, CA $350.61 $596.04 $701.22 $293.19 $498.42 $586.37 $384.87 $654.27 $769.73
BILLING RATES (2028):
LOCATION 2024 LICENSED
MECHANIC
2024 MECHANIC
HELPER 2024 Adjuster
IUEC LOCAL
UNION NO CITY/CITIES AND SURROUNDING AREAS NORMAL
HOURS OVERTIME SUNDAYS/
HOLIDAYS
NORMAL
HOURS OVERTIME SUNDAYS/
HOLIDAYS
NORMAL
HOURS OVERTIME
SUNDAYS/HOLIDAYS
8 San Francisco, CA $362.88 $616.90 $725.76 $303.45 $515.86 $606.89 $398.34 $677.17 $796.68
BILLING RATES (2029):
LOCATION 2024 LICENSED
MECHANIC
2024 MECHANIC
HELPER 2024 Adjuster
IUEC LOCAL
UNION NO CITY/CITIES AND SURROUNDING AREAS NORMAL
HOURS OVERTIME SUNDAYS/
HOLIDAYS
NORMAL
HOURS OVERTIME SUNDAYS/
HOLIDAYS
NORMAL
HOURS OVERTIME
SUNDAYS/HOLIDAYS
8 San Francisco, CA $375.58 $638.49 $751.16 $314.07 $533.92 $628.14 $412.28 $700.88 $824.56
Contract will also include $60,000 allowance per year for repairs,upgrades, parts due to misuse, vandalism, acts of God
not covered under the maintenance agreement.
This Statement of Work is signed below by the parties’ duly authorized representatives.
CITY OF PALO ALTO KONE, Inc
________________________________ ____________________________________
(Signature) (Signature)
________________________________ ____________________________________
(Printed Name, Title) (Printed Name, Title)
________________________________ ____________________________________
(Date) (Date)
Item 5
Attachment A: KONE
Statement of Work
Item 5: Staff Report Pg. 6 Packet Pg. 34 of 240
Kone Five-Year Costs Summary
Site Name Street Equipment Cost Center 2024-2025
Monthly Price
CIVIC CENTER 250 Hamilton Avenue 4 Passenger Elevators 50030004 $1,214.00
BRYANT STREET GARAGE 445 Bryant Street 2 Passenger Elevators 50236001 $670.00
HIGH STREET GARAGE 528 High Street 1 Passenger Elevator 50236001 $165.00
WEBSTER STREET GARAGE 520 Webster Street 2 Passenger Elevators 50236001 $670.00
RINCONADA LIBRARY 1213 Newell Road 1 Dumb Waiter 50030004 $26.00
CUBBERLEY WING I 4000 Middlefield Road 1 Passenger Elevator 50030006 $165.00
MITCHELL PARK LIBRARY 3700 Middlefield Road 2 Passenger Elevators 50030008 $712.00
ART CENTER 1313 Newell Road 1 Chair Lift 50030008 $26.00
LOT Q GARAGE 430 High Street 1 Passenger Elevator 50236001 $304.00
SHERMAN AVENUE GARAGE 350 Sherman Avenue 2 Passenger Elevators 50237001 $1,338.00
FIRE STATION 3 799 Embarcadero Road 1 Passenger Elevator 50030004 $215.00
DOWNTOWN COMMUNITY CENTER 445 Bryant Street 1 Passenger Elevator 50030004 $229.00
Monthly Cost $5,734.00
Annual Costs $68,808.00
Annual Additional Service Costs $60,000.00
Total Annual Costs $128,808.00
Total Five-Year Contract Costs $672,686.28
Item 5
Attachment B: KONE Five-
Year Cost Summary
Item 5: Staff Report Pg. 7 Packet Pg. 35 of 240
2025-2026
Monthly Price
2026-2027
Monthly Price
2027-2028
Monthly Price
2028-2029
Monthly Price
$1,262.56 $1,313.06 $1,365.58 $1,420.21
$696.80 $724.67 $753.66 $783.81
$171.60 $178.46 $185.60 $193.03
$696.80 $724.67 $753.66 $783.81
$27.04 $28.12 $29.25 $30.42
$171.60 $178.46 $185.60 $193.03
$740.48 $770.10 $800.90 $832.94
$27.04 $28.12 $29.25 $30.42
$316.16 $328.81 $341.96 $355.64
$1,391.52 $1,447.18 $1,505.07 $1,565.27
$223.60 $232.54 $241.85 $251.52
$238.16 $247.69 $257.59 $267.90
$5,963.36 $6,201.89 $6,449.97 $6,707.97
$71,560.32 $74,422.73 $77,399.64 $80,495.63
$60,000.00 $60,000.00 $60,000.00 $60,000.00
$131,560.32 $134,422.73 $137,399.64 $140,495.63
Item 5
Attachment B: KONE Five-
Year Cost Summary
Item 5: Staff Report Pg. 8 Packet Pg. 36 of 240
*** PURCHASE ORDER AGREEMENT ***
This City of Palo Alto (City) Purchase Order agreement (PO) with Kone
made pursuant and subject to Omnia Master Agreement #:
2019001564 for the procurement of Elevator, Escalator, Chairlift and
Platform Lift Maintenance & Repair and Related Services
University of California, CA
Renewal Term September 1, 2024 through August 31, 2029
Notwithstanding the Master Contract, this PO is governed by California
law without regard to conflict of law principles. The venue for any
dispute under this PO is Santa Clara County, California.
This PO hereby attaches and incorporates the following contract
documents into this PO by reference as though fully set forth herein,
and should any conflict arise, shall be interpreted in the following
priority:
1. Omnia Master Agreement #: 2019001564 for the procurement of
Elevator, Escalator, Chairlift and Platform Lift Maintenance & Repair
and Related Services
2. Amendment #1 To agreement Adding the following section after
the first paragraph of Section 4. Pricing, Invoicing Method, and
Settlement and Terms.
3. Amendment #2 Exhibit B # UC Pricing Schedule is hereby
Vendor Address
KONE INC
15021 WICKS BLVD
SAN LEANDRO CA 94577
Tel: 510-351-5141 Fax: 510-351-5341
Bill To:
Police Department
City of Palo Alto
275 Forest Avenue
Palo Alto CA 94301
Ship To:
Facilities Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Council Approve Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number C25190365
Date 01/12/2025
Vendor No.104410
Payment Terms Payment Due 30 days
FOB Point F.O.B. Palo Alto
Ship via Vendor to provide services
Term 02/10/2025 - 08/31/2029
Buyer/Phone Renee Howard / 650-496-5900
Email renee.howard@cityofpaloalto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 1 of 3
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Attachment C: KONE
Purchase Order
C25190365
Item 5: Staff Report Pg. 9 Packet Pg. 37 of 240
amended with the addition of the attached 2025-29 UC-Kone
National Contract Price File (see enclosed Excel Spreadsheet)
4. ATTACHMENT (A)TO PURCHASING AGREEMENT # 2019.001564
STATEMENT OF WORK #1 (SOW) with Terms and Conditions
0010 Elevator Basic Svcs YR1 68,808 USD 1.00 68,808.00
Elevator Maintenance and Repair Services.
NTE for 5 yrs $672,686; term 09/01/2024 - 08/31/2029
Facilities Division of PWD PS. Manager: Dennis Huebner 650-496-6970
YR1 $128,808 (Basic $68,808, Add'l $60,000) FY 25/26 2.10.25 to
2.9.26
YR2 $131,560 (Basic $71,560, Add'l $60,000) FY 26/27 2.10.26 to
2.9.27
YR3 $134,423 (Basic $74,422, Add'l $60,000) FY 27/28 2.10.27 to
2.9.28
YR4 $137,400 (Basic $77,399, Add'l $60,000) FY 28/29 2.10.28 to
2.9.29
YR5 $140,496 (Basic $80,495, Add'l $60,000) FY 29 2.10.29 to
8.31.29
Vendor Address
KONE INC
15021 WICKS BLVD
SAN LEANDRO CA 94577
Tel: 510-351-5141 Fax: 510-351-5341
Bill To:
Facilities Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Ship To:
Facilities Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Council Approve Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number C25190365
Date 01/12/2025
Vendor No.104410
Payment Terms Payment Due 30 days
FOB Point F.O.B. Palo Alto
Ship via Vendor to provide services
Term 02/10/2025 - 08/31/2029
Buyer/Phone Renee Howard / 650-496-5900
Email renee.howard@cityofpaloalto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
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Attachment C: KONE
Purchase Order
C25190365
Item 5: Staff Report Pg. 10 Packet Pg. 38 of 240
0020 Elevator Add'l Svc YR1 60,000 USD 1.00 60,000.00
-------------------------
Sub-Total 128,808.00
**** PRICE HAS BEEN QUOTED ****
Vendor Address
KONE INC
15021 WICKS BLVD
SAN LEANDRO CA 94577
Tel: 510-351-5141 Fax: 510-351-5341
Bill To:
Facilities Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Ship To:
Facilities Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Chief Procurement Officer
Total 128,808.00
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Council Approve Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number C25190365
Date 01/12/2025
Vendor No.104410
Payment Terms Payment Due 30 days
FOB Point F.O.B. Palo Alto
Ship via Vendor to provide services
Term 02/10/2025 - 08/31/2029
Buyer/Phone Renee Howard / 650-496-5900
Email renee.howard@cityofpaloalto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 3 of 3
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Attachment C: KONE
Purchase Order
C25190365
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: March 3, 2025
Report #:2408-3343
TITLE
Approval of a Purchase Order with Professional Sales and Service, L.C. in the Not-to-Exceed
Amount of $429,213, Including an Approximate 5% Contingency in the Amount of $20,439 for
Unforeseen Price Increases, for the Purchase of a 2024 Chevrolet G4500 Type III Ambulance
Utilizing a Cooperative Purchase Agreement, Funded by Capital Improvement Program Project
VR-23000; CEQA Status –Not a Project
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute a purchase order with Professional Sales and Service, L.C. in the Not-to-Exceed Amount
of $429,213, including an approximate 5% contingency in the amount of $20,439 for
unforeseen price increases, for the purchase of a 2024 Chevrolet G4500 Type III Ambulance
utilizing cooperative purchase agreement number 122123 between REV Group, Inc. and
Sourcewell, a cooperative purchasing agency serving government and not-for-profit
organizations.
BACKGROUND
The Vehicle and Equipment Use, Maintenance, and Replacement policy section 4-1 provides for
the on-going replacement of City fleet vehicles and equipment. Replacements are scheduled
using guidelines based on age, mileage accumulation, and obsolescence. Policy 4-1 prescribes a
replacement interval for ambulances of five years or 85,000 miles.
The City’s ambulance fleet consists of six ambulances. The Fire Department operates three full-
time ambulances at Fire Stations 1, 2, and 4 and supports them with three reserve ambulances
at the same locations. This minimizes the downtime when a frontline ambulance needs repair
or regular scheduled maintenance. It also allows the department to upstaff any of the three
reserve ambulances for special events.
The purchase of this gasoline-engine vehicle was initially approved by Council on November 28,
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2022 under the Fiscal Year 2023 Scheduled Vehicle and Equipment Replacement Capital
Improvement Program project VR-230001. Following additional internal discussion regarding
the City's broader fleet electrification goals, staff postponed the purchase of this vehicle to
allow time for additional research into the feasibility, availability, and performance of electric-
powered ambulances.
ANALYSIS
The Fire Department has researched the current state of electric ambulance technology and
availability and concluded that none of the three major domestic ambulance providers have
begun the transition to electric vehicles (EVs). Each of these providers expressed a desire to
electrify their fleets and acknowledged the potential benefits of such transition while agreeing
that current options for electric ambulances do not meet industry standards.
Fire Department’s research concluded that while the industry is moving towards more
sustainable options, the unique demands of ambulance services — particularly those related to
vehicle range, weight, and power for critical life-saving equipment — present significant
challenges that remain unsolved. These challenges have not been satisfactorily addressed by
the current market offerings, requiring Fire Department to continue monitoring advancements
in EV technology while seeking immediate solutions to maintain Fire Department’s fleet
reliability and service levels. Although the direction is promising, the mainstream industry
adoption of EV ambulances, given the current technology limitations, appears to be
approximately three years away.
After Fire Department presented its findings, staff determined to proceed with purchasing the
original gasoline engine ambulance previously approved by Council. Once the purchase order is
placed with the vendor, staff anticipates a 16-month lead-time to procure and fully outfit the
new ambulance before it can be placed into service.
The current ambulance, Unit 6047, a 2012 Chevrolet G4500 M67, has surpassed its
recommended lifecycle, both in age and mileage, with 96,390 miles on the odometer. Over its
13-year service period, the City has incurred significant maintenance costs, totaling
approximately $229,130 in repair parts and labor. These expenses, coupled with the vehicle's
age and high mileage, have led to increased downtime and reduced reliability, which is critical
for emergency response services. Additionally, the Fire Department has experienced a 5.6%
increase in ambulance transport calls between Fiscal Year 2022 and the estimated number of
calls for service in Fiscal Year 2025, further straining the aging fleet. Replacing Unit 6047 is
essential to maintain the City's emergency response capabilities, ensure fleet reliability, and
reduce ongoing maintenance costs associated with an outdated vehicle.
1 City Council, November 28, 2022; Agenda Item #7; SR#14702,
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/public-services/fleet/staff-report-14702.pdf
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Procurement Process
Section 2.30.360 (j) of the Palo Alto Municipal Code allows the use of cooperative purchasing
agreements in lieu of conducting a competitive solicitation. Bids (quotes) for this purchase were
obtained through Sourcewell (formerly known as the National Joint Powers Alliance), which is a
cooperative purchasing agency serving government, higher education, K-12 education, not- for-
profit, tribal government, and other public agencies.
The City requested an updated quote from Professional Sales and Service, L.C. on October 30,
2024. The quote was received on October 30, 2024 (Attachment A). Staff recommends that
Council approve the purchase order with Professional Sales and Service, L.C. (Attachment B) for
the 2024 Chevy G4500 Type III ambulance described in this report via the cooperative purchase
agreement with Sourcewell2. The purchase order version provided in Attachment B has been
reduced for printing purposes and is not the full contract with all exhibits.
FISCAL/RESOURCE IMPACT
Funding to replace this ambulance has been collected over the life of the vehicle through the
annual vehicle replacement allocation charged to the Fire Department. The funding for this
replacement was approved as part of the Fiscal Year 2023 Adopted Capital Budget and is
available in the Fiscal Year 2023 Scheduled Vehicle and Equipment Replacement Capital
Improvement Program project (VR-23000). The two-year pause in placing an order for this
ambulance has resulted in a price increase of $51,387. Though the updated quote of the
ambulance ($429,213) is 13.6% higher than the original quote ($377,826), the use of
contingency when planning the annual budgets for vehicle replacement fund has allowed
enough funding in VR-23000 to absorb this price increase.
Approval of the 5% contingency is important given continuing uncertainty in pricing. The
contingency allows staff to proceed with the purchase without having to return to Council for
authorization in the event of a minor price increase.
STAKEHOLDER ENGAGEMENT
Requests for vehicle replacements are presented to the Fleet Review Committee (FRC) for
approval. FRC approved the replacement of this vehicle through the scheduled five-year
replacement review as part of the development of the Fiscal Year 2023 Capital Budget.
2 Cooperative Purchase Agreement with Sourcewell and Professional Sales and Service, L.C.;
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/public-services/contracts/rev-group-contract-
122123.pdf
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ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the purchase of a new
fleet vehicle is a continuing administrative or maintenance activity. CEQA Guidelines section
15378(b)(2).
ATTACHMENTS
Attachment A: Quote
Attachment B: Purchase Order
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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PSS SHOWROOM
2701 Merced Avenue, El Monte, CA 91733
www.pro-sales.com
10/30/2024
Palo Alto Fire
250 Hamilton Avenue
Palo Alto, CA 94301
To Whom It May Concern,
Leader Emergency Vehicles in partnership with Professional Sales and Service, LC
respectfully provides Palo Alto Fire with the following proposal. We look forward to helping
you with your Ambulance needs today and in the future.
We hereby propose and agree to furnish a new Custom Ambulance upon your acceptance of this
proposal.
ONE (1) 2024 LEADER ‘LE’ CUSTOM CONVERSION TYPE III
ON A 2023 CHEVROLET G-4500 4x2 CHASSIS
UNIT PRICE……………….…………………………………….……...……$373,665.00
STRYKER POWER LOAD……………………………………………………….……INCL
STRYKER POWER PRO XT COT ………………………………………………….…INCL
SALES TAX (9.125%)………..…..………………………………………..….$34,096.93
TIRE FEE ($1.75) PER TIRE..………………………………………………….…..$12.25
DELIVERY..………………………….…...……………………………...……..$1,000.00
TOTAL DELIVERED PRICE…………………….………$408,774.18
*Pricing in accordance to Sourcewell Contract #122123-RVG
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PSS SHOWROOM
2701 Merced Avenue, El Monte, CA 91733
www.pro-sales.com
Take a look at Leader and you will see why we are so well regarded in the ambulance industry and among
the finest available anywhere. A Leader emergency vehicle is custom built right here in California to
withstand the rigors of custom van service needs. Leader custom vans are tested and engineered to be
incredibly structurally sound which provides the customers with a great working environment. A custom
van built to a higher quality standard will provide reduced operating costs over the many years the vehicle
is in service!! When it comes to quality, durability, customization, Leader continues to be at the forefront in
the Ambulance manufacturing industry.
PROPOSAL CONDITIONS
F.O.B. POINT: Palo Alto, CA
DELIVERY: Current standard lead time is 12-14 months. Final complete delivery schedule to
be determined with Palo Alto Fire as build schedules permit. Please note all
delivery times are quoted barring any delays due to strikes, availability of
component parts (including chassis), or acts of God.
SERVICE: Professional Sales & Service has been selling and servicing ambulances since 1975.
We have factory-trained technicians and a large inventory of parts, so you know
that in the unlikely event of a problem we are only a phone call away. Please see the
included service information for details. Professional Sales & Service understand
that local service and repair availability is of the utmost importance to Palo Alto
Fire Department. Please be reassured that nearly every possible repair can be
accomplished locally, which allows PSS to get your ambulances back into service
as quickly as possible.
WARRANTY: LEV’s Ambulances feature one of the most progressive, no-nonsense
warranties around. LEV does not pro-rate their warranties so there are no
surprises should you ever need it.
PAYMENT TERMS: Payment due upon delivery and acceptance of vehicle by the Palo Alto Fire
Department.
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3
PSS SHOWROOM
2701 Merced Avenue, El Monte, CA 91733
www.pro-sales.com
Unless accepted within Sixty (60) days from the above date, the right to withdraw this proposal is
reserved. If there are any additions/deletions to our bid, please contact us for pricing details or credits.
We are confident you will be completely satisfied with a quality Leader Ambulance and the service
which PSS provides. Let us know what we can do to help you with your evaluation process.
Respectfully Submitted,
Kevin Oberthier,
Northern CA
Professional Sales & Service, LC
Palo Alto Fire Department agrees to purchase the vehicle detailed in this proposal, from Leader Emergency
Vehicles & Professional Sales and Service, L.C. and understands and agrees with the terms specified within
these documents.
_______________________________ ______________________________ ____________
Authorized by (Print name) Signed Date
Please let us know if you have any questions regarding this proposal. We are happy to assist you in any way
that we can.
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Order
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: IT Department
Meeting Date: March 3, 2025
Report #:2412-3951
TITLE
Approval of Two Professional Services Agreements, C25193332 and C25193333 with EPI-USE
America to Implement Identity Access Governance (IAG) Solutions, SAP Signavio/LeanIX, SAP
Governance, Risk, Compliance (GRC) for a Total Not-To-Exceed Amount of $289,080, for a
Period of One Year; CEQA Status - Not a Project.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or designee to
execute two contracts with EPI-USE America, C25193332 and C25193333 to implement Identity
Access Governance (IAG) Solutions, SAP Signavio/LeanIX, SAP Governance, Risk, and
Compliance (GRC) for a term of one year, (February 24, 2025 to January 31, 2026), and for a
total not-to-exceed amount of $289,080, including $262,800 for basic services and $26,280 for
additional services (Attachment A and Attachment B).
BACKGROUND
City Council previously approved report #2412-39181 as item no. 5 on the January 21, 2025
consent calendar, authorizing the procurement of SAP Signavio/LeanIX, SAP Governance, Risk,
and Compliance (GRC), and SAP Integration Suite of products. Two professional services
agreements with EPI-USE America are required to help implement these tools into our SAP
environment.
These tools are essential for enabling the City to meet critical compliance requirements,
improving system management efficiency, and aligning with the recommendations outlined in
the 2022 Baker Tilly Annual Risk Assessment report2. By establishing an automated framework
for risk analysis, access monitoring, and governance of business processes, they will enhance
1 Staff report: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=15920
2 FY22 Annual Risk Assessment – Baker Tilly, pp. 39-42:
https://www.cityofpaloalto.org/files/content/public/v/3/departments/city-auditor/reports-and-publications/fy22-
annual-risk-assessment.pdf
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the City’s compliance and security measures. EPI-USE America will support the preparation and
implementation of these solutions.
ANALYSIS
Staff executed an exemption to competitive solicitation to execute these agreements with EPI-
USE America due to the vendors current experience hosting and supporting the City’s current
Enterprise Resource Planning (ERP) environment (PAMC: 2.30.360(b)(2)).
EPI-USE will provide staff with the following:
SAP Cloud Identity Access Governance (IAG) Implementation Timeline (10 weeks):
1. Project Kick-off, Requirement Gathering, Realization and Unit Testing– 4 Weeks
2. Integration and UAT testing support – 2 Weeks
3. Cutover and Production master data preparation – 1 Week
4. Post Go-live support and KT – 1 Week
5. Optional – Privileged Access Management (Realization & Testing)– 1 Week
GRC Implementation:
1. Project Planning/Onboarding - 1 Week
2. Discovery Workshops - 4 Weeks
3. Standards & Conventions/FactSheets - 2/90 Minute Workshops
4. Process Modeling/LeanIX Configuration - 2/60 Minute Workshops
5. Rollout & Training - 90 Minute Training Class (number of classes TBD until team is
identified. Admin and Users each get a 90-minute training class).
6. Deliverable Review - 1/90 Minute Meeting
7. Next Steps - 1/60 Minute Meeting
While the Information Technology Enterprise Division has expertise in managing SAP related
projects, the complexity of this effort—particularly in implementing, configuring, and ensuring
the solutions of these tools have been configured to meet vendor’s specifications—requires
specialized expertise that exceeds current in-house capacity. This approach allows City staff to
focus on leveraging strengths in project management and business stakeholders’ engagement
while gaining access to advanced technical implementation expertise through the consultant.
FISCAL/RESOURCE IMPACT
Funding for these Professional Services Agreements are within budgeted levels adopted by the
City Council in the Information Technology Department, no additional funding is requested.
The Information Technology Department (ITD) is funded by an Internal Service Fund (ISF) that
allocates costs to other funds across the City to provide technology related services to other
City departments and funds. Approximately 45% of the services provided are for the General
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Fund with the remaining 55% for other funds such as Enterprise, special revenue, and other
internal service funds.
STAKEHOLDER ENGAGEMENT
The services were coordinated with internal stakeholders and the service provider.
ENVIRONMENTAL REVIEW
The approval of these contracts is exempt from review under the California Environmental
Quality Act (CEQA) under CEQA Guidelines section 15061(c)(3) because it can be seen that
there is no possibility that the activity in question may have a significant effect on the
environment.
ATTACHMENTS
Attachment A: EPI-Use America Inc. Contract C25193332
Attachment B: EPI-Use America Inc. Contract C25193333
APPROVED BY:
Darren Numoto, Chief Information Officer
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Professional Services Rev. Oct 16,2024 Page 1 of 34
CITY OF PALO ALTO CONTRACT NO. C25193332 AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND EPI-USE AMERICA INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 24th day of
February, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and EPI-USE AMERICA INC., a Delaware Corporation, located at 4780 Ashford Dunwoody Road, Suite 540 #617, Atlanta Georgia, 30338-5504 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference: RECITALS A. CITY intends to automate user provisioning and access request (the “Project”) and desires
to engage a consultant to implement SAP Cloud Identity Access Governance (IAG) in connection
with the Project (the “Services”, as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM.
The term of this Agreement shall be from the effective date of this agreement through January 31, 2026 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of
Docusign Envelope ID: 88BA5A1C-5103-4EB4-9402-72DFB7245B5B
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Attachment A - EPI-Use
America Inc. Contract
C25193332
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Professional Services Rev. Oct 16,2024 Page 2 of 34
this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Sixty-One Thousand Two Hundred Dollars ($61,200). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4
shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-exceed compensation amount of Six Thousand One Hundred Twenty Dollars ($6,120) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified
in Exhibit C, shall not exceed Sixty-Seven Thousand Three Hundred Twenty Dollars ($67,320), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services
described at Exhibit A. CITY may elect to, but is not required to, authorize Additional
Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project
Manager, as identified in Section 13 (Project Management). Each Task Order shall be in
substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the
Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit
C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as counter-signature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4.
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CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among
professionals in the same discipline and of similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances. All Services shall conform to the specifications of the applicable Statement of Work for a period of ninety (90) days after final acceptance.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make
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recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s
provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City
Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Mark Schexnaildre Email: mark.schexnaildre@epiuse.com as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances
cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s
key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT
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personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Jitendra Kulkarni, Information Technology Department, 250 Hamilton
Avenue Palo Alto, CA, zipcode: 94301, Telephone: 650-690-6791. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights
which arise from creation of the work product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the
suitability of the work product for use in or application to circumstances not contemplated by the
Scope of Services. CONSULTANT shall not transfer any right, title or interest in, and CONSULTANT shall continue to own exclusively, all intellectual property and proprietary information owned by CONSULTANT, that (a) exists at the time Statement of Work or Task Order is entered into or, (b) are developed entirely independently by CONSULTANT or its subsidiaries
or CONSULTANT’s holding company, at any time without any use, knowledge of, or reference
to, the CITY’s confidential information or other information obtained in connection with this Agreement (“Consultant Property”). By incorporating such Consultant Property in Services, CONSULTANT grants to the CITY a fully paid-up, non-exclusive, royalty-free, non-transferable and non-sublicensable license to use the Consultant Property solely in connection with its use of
the Services, and to allow third parties to do the same to the extent necessary in connection with
the CITY’s use of the Services. CONSULTANT’s license to the CITY does not include the right of the CITY or any third-party to de-compile, reverse engineer or otherwise use the Consultant Property for any purpose other than those associated with or intended for in the applicable Statement of Work or Task Order.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. CITY shall give CONSULTANT prior
written notice of at least thirty (30) days for any planned audit.
SECTION 16. INDEMNITY AND LIMITATION OF LIABILITY.
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16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all third party 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 reasonable 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 CONSULTANT, its officers, employees, agents or contractors
under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement. 16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
16.4 NOTWITHSTANDING SECTION 16, IN NO EVENT OR CIRCUMSTANCE SHALL CONSULTANT’S TOTAL AGGREGATE LIABILITY TO CITY, WHETHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY
STATEMENT OF WORK FOR ANY CAUSE OR CLAIM WHATSOEVER, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, EXCEED THE THREE TIMES (3X) THE CUMULATIVE AMOUNT PAID TO CONSULTANT BY CITY UNDER THAT STATEMENT OF WORK OR TASK ORDER WHICH GAVE RISE TO, OR
UNDER WHICH THE CLAIM HAS ARISEN. IN NO EVENT OR CIRCUMSTANCE SHALL
EITHER PARTY BE LIABLE FOR ANY LOST PROFITS, LOST REVENUES, LOST DATA OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHETHER IN AN ACTION, IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall
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obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, without cause, by giving fifteen (15) business days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination. A Party may terminate this Agreement if the other Party materially breaches any of
its obligations under this Agreement, by giving fifteen (15) business days prior written notice
thereof to the other Party. If that Party fails to cure such breach within the notice period, then the non-breaching Party may immediately terminate this Agreement.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and
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all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors in the performance of this Agreement if any, which have been paid in full by CITY. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be
obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services
provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager Address: 4780 Ashford Dunwoody Road, Suite 540#617, Atlanta, Georgia, 30338-5504
With a copy to: legalcounsel@epiuse.com
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this
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Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the
penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby
incorporated by reference and as amended from time to time. CONSULTANT shall comply with
waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or
greater post-consumer material and printed with vegetable-based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file
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at the Purchasing Department’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, CONSULTANT shall pay such
employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS. 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project. SECTION 28. CONFIDENTIAL INFORMATION.
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28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
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SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
29.10 If, at any time during the term of a Statement of Work, the parties desire to implement a change to a Statement of Work, the parties shall execute a change order describing such change (the “Change Order”). In the event of a discrepancy between the Change Order and any other part of this Agreement or the Statement of Work executed prior to such Change Order,
the terms of the Change Order shall govern. In no event shall a Statement of Work be amended,
enhanced, or otherwise modified except as set forth above. CONSULTANT will not be required to perform under a Change Order prior to the execution by both parties of the applicable Change Order. If the receiving party does not accept the Change Order in writing within ten (10) days, the
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receiving party shall be deemed to have rejected the Change Order. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT E: INFORMATION PRIVACY POLICY
EXHIBIT F: CYBERSECURITY TERMS AND CONDITIONS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C25193332 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________ City Manager
APPROVED AS TO FORM:
__________________________ City Attorney or designee
EPI-USE AMERICA INC.
Officer 1 By: ________________________________
Name: ______________________________ Title: _______________________________
Officer 2
By: ________________________________
Name: ______________________________ Title: _______________________________
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Mark Schexnaildre
Vice President/Managing Director
Company Secretary
John Mcfadzean
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EXHIBIT A SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain
responsibility for public contracting, including with respect to any subsequent phase of this project.
CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual,
preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope
of Services.
A. Introduction/Background
The City of Palo Alto is planning to automate user provisioning and access request analysis using SAP Cloud IAG. B. Objectives
Below are objectives which will be implemented as a part of SAP Cloud IAG system implementation at City of Palo Alto.
1. SAP Cloud IAG configuration 2. Risk Reports for Auditors 3. Mitigate access risks 4. User provisioning/de-provisioning with access request workflows 5. Manage Privileged User activities 6. System logging for Change activities C. Proposed Plan
An SAP Cloud IAG implementation (consisting of two tenants: Non-Production & Production) to address the objectives outlined in Section B will take approximately 10 weeks to complete. As a part of the implementation at City of Palo Alto, automation of provisioning upon workflow approval, Risk Analysis, and use of Privileged User, Consultant is will conduct the implementation approach below which would allow City of Palo Alto to satisfy user access process and audit requirements in the short-term and long-term.
Scope of Work CONSULTANT will conduct the following activities: 1. Access Risk Analysis a. Use standard delivered risk ruleset and run risk analysis within Cloud IAG to identify any Segregation of Duties (SoD) and Critical Access issues with each user’s current access within the in-
Scope SAP Production Systems. b. Utilize City of Palo Alto’s current mitigating control library to remediate any SoD/critical access risks that arise.
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c. Deliver Executive risk reports for business owners/stake holder’s review. 2. Access Request Management
a. Implement SAP standard workflow that includes 1 to 2 stage approvers for provisioning access to SAP Production landscapes using SAP standard roles. b. Creation of user accounts & terminations of user accounts. 3. Privileged Access Management a. Basic Privileged User creation for On-premises Plugin systems which requires Super user access. b. Basic Privileged User ID request, approval, and log review workflow implementation c. Configure Privileged User access including roles and user access for Privileged User IDs, Privileged Users, Privileged User approvers and Privileged User controllers.
4. Testing Cycles a. Unit Test in Non-Production IAG tenant b. Integration/User Acceptance Test in Non-Production IAG tenant
5. Knowledge Transfer a. Carry out IAG tool support knowledge transfer sessions.
6. Go-Live Preparation a. Cutover in IAG Production tenant Scope of Work - Exclusions 1. Ruleset Management a. Review ruleset with City of Palo Alto b. Adjust ruleset appropriately for City of Palo Alto (if needed). c. Update ruleset with custom transactions and programs
2. Role Design Service City a. Maintain role through IAG. b. Implement SAP CLOUD IAG role change management/workflow.
3. Other Functionalities a. Password self-service (this will fix all password re-sets) b. Customized IAG notifications
4. Access Certificate Service - Auditors Favorite a. Periodic review of role assignment to users b. Periodic review of risk and mitigating assignment to users
5. Customization of User Interface a. Delivered user interface will be leverage (no custom Fiori integration)
City of Palo Alto Responsibilities • City of Palo Alto to be responsible for IAG Master data preparation • City of Palo Alto to be responsible for defining Privilege Access Management security/authorization roles • City of Palo Alto to be responsible for preparing for and completing UAT • City of Palo Alto to be responsible for UAT and configuration sign-off • City of Palo Alto to be responsible for data validation and sign-off
• City of Palo Alto to be responsible for Change Management
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EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and
conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE: SERVICES AND DELIVERABLES TO BE PROVIDED SCHEDULE OF PERFORMANCE MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________
I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________
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EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones Completion Number of Days/Weeks (as specified below) from NTP
1. Project Kick-off, Requirement Gathering,
Realization and Unit Testing 4 Weeks
2. Integration and UAT testing support 2 Weeks
3. Cutover and Production master data preparation 1 Week
4. Post Go-live support and KT 1 Week
5. Optional – Privileged Access Management (Realization & Testing) 1 Week
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all
Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4),
within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
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EXHIBIT C-1 SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Consultants and Cost
IAG Implementation
Role Hours Hourly Rate Total
IAG Architect (PM & Implementation) 340 $180.00 $61,200
Total 340 TOTAL $61,200
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EXHIBIT D INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING PERSONAL INJURY, PROPERTY DAMAGECONTRACTUALLIABILITY
BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000
YES
AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $2,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG
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EXHIBIT E INFORMATION OF PRIVACY
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EXHIBIT F CYBERSECURITY TERMS AND CONDITIONS
In order to assure the privacy and security of the personal information of the City's customers and
people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the
"Consultant") and its subcontractors, if any, including, without limitation, any Information
Technology ("IT") infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City's customers. The
Consultant shall fulfill the data and information security requirements (the "Requirements") set
forth in Part A below. A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant's operations and
maintenance processes needed to support the environment, including disaster recovery and
business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.
In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" as set forth in Part B), which may be accepted or rejected in the reasonable
satisfaction of the Information Security Manager (the "ISM").
Part A. Requirements: The Consultant shall at all times during the term of any contract between the City and the
Consultant:
(a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City's Information Privacy Policy:
(c) Have adopted and implemented information security and privacy policies that are
documented, are accessible to the City, and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following: http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297
(d) Conduct routine data and information security compliance training of its personnel that is
appropriate to their role. (e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels.
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(f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees' personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by
any of its employees who no longer would require access to that information or who are
terminated. (g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and
support role-based access control ("RBAC") and segregation of duties ("SoD")
mechanisms for all personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and
errors.
(i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture.
(j) Provide and maintain secure intersystem communication paths that would ensure the
confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release.
(l) Provide for the timely detection of, response to, and the reporting of security incidents,
including on-going incident monitoring with logging. (m) Notify the City within twenty four (24)hours of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements.
(o) Perform security self-audits on a regular basis and not less frequently than on a quarterly
basis, and provide the required summary reports of those self-audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City's performance of random site security audits at the Consultant's site(s), including the site(s)
of a third-party service provider(s), as applicable. The scope of these audits will extend to
the Consultant's and its third-party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and
regulations, and the Confidential Information will be accessible only by the Consultant and
any authorized third-party service provider's personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted at rest, and the backup stage at the Vendors' environment (including
Vendor's contracting organization's environment).
(s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty (30) days after the effective date of expiration or earlier termination of this
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Agreement, all of those records relating to the performance of the Services shall be provided to the ISM. (t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations.
(u) Encrypt the Confidential Information before delivering the same by electronic mail to the
City and or any authorized recipient. (v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto). (w) Offer a robust disaster recovery and business continuity (DR-BCP) solutions to the City
for the systems and services the Vendor provides to the City.
(x) Provide and support Single Sign-on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment." The Vendor shall allow two employees of the City to have superuser and
super-admin access to the Vendor's IT environment, and a cloud-hosted IT environment
belongs to the City. (y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City's IT environment,
including, without limitation, IT infrastructure communications.
(z) The Vendor must provide evidence of valid cyber liability insurance policy per the City’s EXHIBIT “D” INSURANCE REQUIREMENTS. Part B. Alternate Requirements:
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CITY OF PALO ALTO CONTRACT NO. C25193333 AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND EPI-USE AMERICA INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 24th day of
February, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and EPI-USE AMERICA INC., a Delaware Corporation, located at 4780 Ashford Dunwoody Road, Suite 540 #617, Atlanta Georgia, 30338-5504 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference: RECITALS A. CITY intends to implement a business process repository to establish process governance
within SAP (the “Project”) and desires to engage a consultant to assist with the setup and
configuration of SAP Signavio Process Manager and SAP Signavio Collaboration Hub in connection with the Project (the “Services”, as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the
necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the effective date of this agreement through January 31, 2026 scope, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE
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OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Two Hundred One Thousand Six Hundred Dollars ($201,600). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-
to-exceed compensation amount of Twenty Thousand One Hundred Sixty Dollars ($20,160) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Two Hundred Twenty-One Thousand
Seven Hundred Sixty Dollars ($221,760), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional
Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in
substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK
ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit
C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an
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authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT’s invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances. All Services shall conform to the
specifications of the applicable Statement of Work for a period of ninety (90) days after final acceptance. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
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SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties. SECTION 12. SUBCONTRACTING.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: IMPRIVIA INC.
840 S Rancho Dr
Las Vegas, NV 89106 CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Mark Schexnaildre
Email: mark.schexnaildre@epiuse.com as the CONSULTANT’s Project Manager to have
supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s
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key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative,
or present a threat to the adequate or timely completion of the Services or a threat to the safety of
persons or property. CITY’s Project Manager is Jitendra Kulkarni, Information Technology Department, 250 Hamilton Avenue Palo Alto, CA, zipcode: 94301, Telephone: 650-690-6791. CITY’s Project Manager will
be CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. CONSULTANT shall not transfer any right, title or interest in, and
CONSULTANT shall continue to own exclusively, all intellectual property and proprietary
information owned by CONSULTANT, that (a) exists at the time Statement of Work or Task Order is entered into or, (b) are developed entirely independently by CONSULTANT or its subsidiaries or CONSULTANT’s holding company, at any time without any use, knowledge of, or reference to, the CITY’s confidential information or other information obtained in connection with this
Agreement (“Consultant Property”). By incorporating such Consultant Property in Services,
CONSULTANT grants to the CITY a fully paid-up, non-exclusive, royalty-free, non-transferable and non-sublicensable license to use the Consultant Property solely in connection with its use of the Services, and to allow third parties to do the same to the extent necessary in connection with the CITY’s use of the Services. CONSULTANT’s license to the CITY does not include the right
of the CITY or any third-party to de-compile, reverse engineer or otherwise use the Consultant
Property for any purpose other than those associated with or intended for in the applicable Statement of Work or Task Order.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. CITY shall give CONSULTANT prior written notice of at least thirty (30) days for any planned audit.
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SECTION 16. INDEMNITY AND LIMITATION OF LIABILITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend
and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party 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 reasonable 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 CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. 16.4 NOTWITHSTANDING SECTION 16, IN NO EVENT OR
CIRCUMSTANCE SHALL CONSULTANT’S TOTAL AGGREGATE LIABILITY TO CITY,
WHETHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY STATEMENT OF WORK FOR ANY CAUSE OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, EXCEED THE
TWO TIMES (2X) THE CUMULATIVE AMOUNT PAID TO CONSULTANT BY CITY
UNDER THAT STATEMENT OF WORK OR TASK ORDER WHICH GAVE RISE TO, OR UNDER WHICH THE CLAIM HAS ARISEN. IN NO EVENT OR CIRCUMSTANCE SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS, LOST REVENUES, LOST DATA OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHETHER IN AN ACTION, IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
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full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval
of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, without cause, by giving fifteen (15) business days prior
written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination. A Party may terminate this Agreement if the other Party materially breaches any of its obligations under this Agreement, by giving fifteen (15) business days prior written notice thereof to the other Party. If that Party fails to cure such breach within the notice period, then the non-breaching Party may immediately terminate this Agreement.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed,
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prepared by CONSULTANT or its contractors in the performance of this Agreement, if any, which have been paid in full by CITY. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services
provided in material conformity with this Agreement as such determination is made by the City
Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager Address: 4780 Ashford Dunwoody Road, Suite 540#617, Atlanta, Georgia, 30338-5504
With a copy to: legalcounsel@epiuse.com
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this
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Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the
penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby
incorporated by reference and as amended from time to time. CONSULTANT shall comply with
waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or
greater post-consumer material and printed with vegetable-based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file
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at the Purchasing Department’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, CONSULTANT shall pay such
employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS. 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project. SECTION 28. CONFIDENTIAL INFORMATION.
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28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
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SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
29.10 If, at any time during the term of a Statement of Work, the parties desire to implement a change to a Statement of Work, the parties shall execute a change order describing such change (the “Change Order”). In the event of a discrepancy between the Change Order and any other part of this Agreement or the Statement of Work executed prior to such Change Order,
the terms of the Change Order shall govern. In no event shall a Statement of Work be amended,
enhanced, or otherwise modified except as set forth above. CONSULTANT will not be required to perform under a Change Order prior to the execution by both parties of the applicable Change Order. If the receiving party does not accept the Change Order in writing within ten (10) days, the
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receiving party shall be deemed to have rejected the Change Order. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT E: INFORMATION PRIVACY POLICY
EXHIBIT F: CYBERSECURITY TERMS AND CONDITIONS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C25193333 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________ City Manager
APPROVED AS TO FORM:
__________________________ City Attorney or designee
EPI-USE AMERICA INC.
Officer 1
By: ________________________________
Name: ______________________________ Title: _______________________________
Officer 2
By: ________________________________ Name: ______________________________
Title: _______________________________
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John Mcfadzean
Company Secretary
Vice President/Managing Director
Mark Schexnaildre
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EXHIBIT A SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain
responsibility for public contracting, including with respect to any subsequent phase of this project.
CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual,
preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope
of Services. Introduction/Background
The City of Palo Alto (“CLIENT” or “CUSTOMER”) is requesting a quotation for implementation
of SAP Signavio Process Manager and Collaboration Hub. EPI-USE America, Inc. (EPI-USE) is engaging its partner, IMPRIVA Inc. (IMPRIVA), to lead the engagement together with EPI-USE.
This Proposal is considered confidential by EPI-USE and IMPRIVA and City of Palo Alto.
Neither party shall use or disclose any technical, proprietary, or confidential data associated with
this proposal. The parties shall not disclose to others the contents of this Proposal without the
prior written consent of the disclosing party.
Client Request DEFINITIONS
“Production System” means a live SAP system used for running Customer’s internal business
operations and where Customer’s data is processed.
SCOPE OF SERVICES
• EPI-USE/IMPRIVA shall provide the implementation of SAP Signavio
(“Service/s”) to assist Customer with the setup and configuration of SAP Signavio
Process Manager and SAP Signavio Collaboration Hub. These Cloud Services
enable Customer to establish a business process repository, model business
processes and to collaborate across the organization to establish process
governance.
• EPI-USE/IMPRIVA shall provide the following Services:
o Setup and configure SAP Signavio Process Manager and SAP Signavio
Collaboration Hub.
o Deliver 2 days end user enablement of Business Process Model and
Notation (“BPMN”) 2.0 related process documentation in SAP Signavio
Process Manager and Collaboration Hub.
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o Transition into productive mode, deliver enablement, handover
governance and admin responsibilities.
Scope Conditions and Boundaries
• The following conditions and boundaries apply to the scope of Services:
o The kick-off call will not last longer than 2 hours.
o All business data in the system will be in English language only.
• This Service is based on a single instance of SAP Signavio workspace.
• EPI-USE/IMPRIVA only delivers a standard end user enablement for up to 10
participants (not customized to Customer needs).
• EPI-USE/IMPRIVA will use the standard authorization content provided with the
Cloud Services.
Prerequisites
Customer shall fulfil the following prerequisites before the start of the Services:
• Customer has a valid cloud subscription for SAP Signavio Process Manager and
SAP Signavio Collaboration Hub.
• Cloud Services are provisioned and fully functional.
• Customer grants authorized access to the SAP team, to the Customer SAP
Signavio workspace and any other resources as may be required for timely
execution of the Services.
• Identify administrator resource
Out of Scope
The following is out of scope, including without limitation:
• Ancillary or other services not expressly listed in this Scope Document .
• Subscription to any Cloud Services or purchase of SAP Software.
• Any development of custom code, updates, or upgrades to SAP products.
• Upgrade to the SAP solution components, operating systems, or database systems.
• Programs or content to migrate data from legacy systems.
• Data cleansing or data clean up.
• Verification and validation testing processes that may be required by regulatory,
industry or governmental requirements.
• Implementation of any solution or integration scope not explicitly mentioned in
this document.
• Customer specific authorizations roles and security concepts.
• Any changes required because of pre-existing Customer specific enhancements or
developments.
• Any changes required because of quality or values of Customer’s master and
transactional data.
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Approach
EPI-USE/IMPRIVA will follow a defined Services approach:
• Prepare and explore: The Service is formally initiated, and the schedule and
resources are agreed. The Customer completes the onboarding process to the
Cloud Services. Services kick-off is conducted to establish the Services delivery
team, collect priorities, issues, and opportunities.
• Realize: Cloud Services are setup and configured and documented, setup and
configuration are validated, and end users are trained.
• Deploy: Configured Cloud Services are made available for productive use, admin
and governance tasks are handed over to Customer
RACI
EPI-USE/IMPRIVA and Customer agree the following responsibility matrix of activities.
• Responsible (R): Charged with performing the activities. A mutually agreed
project plan may define further details at the work unit level.
• Accountable (A): Customer has overall accountability for its implementation and
all the activities identified below. Hence, Accountable (A) does not appear for the
activities below.
• Consulted (C): Provides input on how to perform the activity and supports the
execution of the activity. d) Informed (I): Provided with information.
Task EPI-USE/ IMPRIVA Client
Prepare
Provisioning of systems and Cloud Services C R (SAP)
Onboarding of SAP Signavio Process Manager and SAP Signavio Collaboration Hub R C
Initiate Services and mobilize resources R C
Conduct kick-off call R C
Realize
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Setup and configuration of SAP Signavio Process Manager and SAP Signavio Collaboration Hub
R C
Validation of setup and configuration C R
Conduct end user enablement R C
Deploy
Handover admin and governance tasks to C t R C
Services closure R I
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Resources
EPI-USE/IMPRIVA Team
The EPI-USE/IMPRIVA team includes the following key roles:
• Client Manager
• Sr. Solution Architect
• Business Process Management Consultant(s)
• EPI-USE/IMPRIVA may staff a single resource to serve multiple roles, or multiple
resources to serve a single role.
• Services are delivered remotely (onsite training can be an option).
Customer Team
The Customer team includes the following roles:
• Business Lead / Project Manager: Acts as a business lead from Customer side.
• Supports the Services with input around business objectives and scope – plans and
manages project activities on the Customer side.
• Business Subject Matter Experts: Signavio Core Team / Process Expert (Business
Analyst): Understands business context and has in-depth knowledge of process.
Available for requirements definition and rollout to user community. Creating,
managing, and improving business processes with SAP Signavio. Users consist of
process analysts and stakeholders collaborating on processes.
• IT Functional Lead & Technology Consultant: System Expert, SAP Basis
Specialist, System.
• Administrator: Technology representative from Customer side. Signavio
administrator. Supports the Services with input concerning technical requirements
and environment.
In cases where it’s necessary to assign multiple resources to a single role, Customer shall
clearly identify the responsibilities of each resource. Customer is expected to staff the
roles per the time allocations recommended by EPI-USE/IMPRIVA.
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Deliverables
Approval upon completion when completion criteria are met.
Deliverable Description Completion
Criteria
Role(s)
Cloud Services
set up
Setup and configured SAP Signavio Process Manager, SAP Signavio Collaboration Hub & to include:
• Setup User Access.
• Create Folders.
• Setup dictionary.
• Standards & Conventions.
• Activate model types.
• Activate syntax checks.
• Governance Workflow.
Handover of
configured
Cloud Services
Sr. Technical Lead
Sr. Process Architect
End user
enablement
Conducted end user enablement sessions to include:
• Discovery workshops.
• Build and Configure solution.
• Process model creation in SAP
Signavio. (BPMN Best Practice)
o 20 processes of up to 10 to 20
process steps
• Integration discovery (ALM, EA tools,
dashboards…)
• Leverage multiple data sources: KB
Articles, Visio, Excel Spreadsheets, Stickies/Photos…
• Publish to Collaboration Hub.
• Reporting (Basic – Out of Box).
• Training.
• Standards & Conventions
documentation.
Enablement
sessions are
conducted
Sr. Technical
Lead
Sr.
Process
Architect
Process
Architect
Administrator
Conduct basic administrator training to include:
• User setup and access.
Enablement
sessions are
Sr.
Technical
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enablement • Collaboration hub setup.
• Data dictionary management.
• Attribution.
conducted Lead
BPM Center of
Excellence
Conduct initial workshop to:
• Discuss the benefits and how to
implement them.
o Centralized Process Repository.
o Collaboration Hub.
o Governance.
o Reporting.
o Staffing.
Organizational
Enablement
Sr. Technical Lead
Sr.
Process
Architect
Documentation
System configuration document to include:
• User Groups Rights.
• Business Process Hierarchy.
• Data Dictionary.
• Standards & Conventions.
• Model Types.
• Syntax Checks.
• Custom Attributes.
• Governance Workflow.
Training document(s) to include:
• Administrator Training.
o Introduction to Signavio:
Overview of Signavio's features,
interface, and capabilities.
o Process Modeling Basics:
Training on how to create and
modify process models using
BPMN (Business Process Model
and Notation).
o Collaboration Hub Usage:
Instructions on how to navigate
and use the Collaboration Hub
for sharing and discussing
process models.
o Process Documentation:
Techniques for documenting
processes, including attaching
Electronic
Document(s)
Sr. Technical
Lead
Sr.
Process
Architect
Process
Architect
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files, adding descriptions, and
managing versions.
o Workflow Design and
Execution: Guidance on setting
up workflows, defining roles,
and executing processes within
the system.
o Data and Analytics: Training on
how to use Signavio's analytics
features to gain insights into
process performance and
efficiency.
o Customizing the Signavio
Environment: Tailoring the
Signavio environment to specific
organizational needs, including
custom attributes and report
configurations.
o User Management and Access
Control: Setting up user roles,
permissions, and access control
within Signavio.
o Best Practices for Process
Management: Strategies and tips
for effective process
management and continuous
improvement using Signavio.
o Updates and New Features:
Regular updates on new features
and enhancements in the
Signavio suite.
• End-User Training.
o Process Modeling Basics:
Training on how to create and
modify process models using
BPMN (Business Process Model
and Notation) and Quick Model.
o Collaboration Hub Usage:
Instructions on how to navigate
and use the Collaboration Hub
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for sharing and discussing
process models.
o Process Documentation:
Techniques for documenting
processes, including attaching
files, adding descriptions, and
managing versions.
o Generate BPMN models from
SAP Signavio Process
Intelligence
o Best Practices for Process
Management: Strategies and tips
for effective process
management and continuous
improvement using Signavio.
o Updates and New Features:
Regular updates on new features
and enhancements in the
Signavio suite.
Copies of presentations used during the project.
Description (LeanIX)
Cloud Services
Setup
Setup and configure LeanIX to include:
• Methodology, standards & conventions, and configuration of the following factsheets: Drive workshops with other stakeholders to come up with the
following and their definitions.
o Business Capabilities
o Applications
o IT Components
o Integrations
o Data Flows
End User
Enablement
Conduct end user enablement sessions to include:
• Operationalize data entry, review
governance processes and optimize role-based edit standards (Viewer, Member, Admin).
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• Create change control process to:
o Ensure information is current
and accurate.
o Ensure new IT components are added to inventory (LeanIX, Logic Monitor & CMDB).
• Generate heatmaps to support strategic planning and analysis.
• Define and review roadmaps in to understand dependencies, drilldowns, etc.
o Two towers (compute and storage) – heat maps & roadmaps to demonstrate in
LeanIX
o Currently in PowerPoint
Administrator
Enablement
Conduct basic administrator training to include:
• User setup and access.
• Fact sheet configuration.
Meta model management.
Documentation All relevant guides and presentations.
Completion Criteria
The method(s) of determining the completion of each deliverable will be the following:
Unless otherwise agreed to, in writing, between the parties, Client shall have 10 days from
receipt of each deliverable to determine whether such deliverable substantially conforms to the
applicable requirements and is free of any defects. “Substantially” conforms, means that EPI-
USE/IMPRIVA has implemented the deliverable in such a way that it meets the requirements set
forth in this Proposal and any subsequent requirements document e.g., reporting. If Client does
not accept or reject in writing as set forth above, the service and/or deliverable will be considered
accepted by Client.
If Client rejects a deliverable, Client shall clearly state in writing to EPI-USE/IMPRIVA the
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specific defect of the deliverable. Within five (5) business days of any notice of rejection, EPI-
USE/IMPRIVA shall present a corrective plan of action to Client. EPI-USE/IMPRIVA shall
then make the corrections at no charge to Client and EPI-USE/IMPRIVA shall resubmit the
corrected service or deliverable to Client. Deliverables are tracked via a project plan and status is
communicated via a weekly status report.
Client Responsibilities:
• Customer shall cooperate with EPI-USE/IMPRIVA in good faith so that EPI-
USE/IMPRIVA can deliver the Services. Customer’s failure to meet or fulfil any of the specified
responsibilities or requirements in this Agreement, can result in a delay of the provision of the
Services or an increase of fees due.
• Customer is responsible for the overall management of Customer’s project and controls
the project realization, process, scope, costs, Customer resources and targeted solutions.
• Customer shall staff the listed Customer team roles with the requisite skills and
knowledge to complete Customer activities.
• Customer should make reasonable efforts to minimize the change in personnel
throughout the duration of the Services.
• If Customer involves third-parties, Customer shall manage any third-party resources and
be responsible for their acts and omissions.
• Customer shall supply EPI-USE/IMPRIVA with the names and contact information of
key Customer and third-party resources.
• Customer shall be fully responsible for organizational change management of all affected
departments.
• Customer shall fulfill and provide listed prerequisites required to perform the Services.
• Customer shall provide technical advice regarding any third-party systems accessible to
the SAP team.
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• Customer shall comply with any relevant governmental and regulatory requirements.
Assumptions
• The Services are provided based on the current release version of the Cloud Services that
are generally available at the start of the Services delivery. Unless SAP’s release notes state
otherwise, SAP provides at least 1 quarterly update for general availability. If an update is made
generally available during the performance of the Services, any additional planning or
configuration required to support the updated release is not included in the Services.
• If not otherwise agreed, the project language and corresponding documentation is
English. Deliverables will be delivered in English only.
• Services are based on a predefined scope and delivery model. In performing the Services,
SAP a) May utilize accelerators.
• Will follow applicable parts of the SAP Activate standard implementation methodology.
• May use software and tools (Tools) for which all rights of authorship remain with EPI-
USE/IMPRIVA.
• This will be a time and materials engagement. EPI-USE/IMPRIVA shall invoice Client
upon delivery with terms of Net 30.
Change Procedure
Significant changes to the Scope of Services and/or tasks defined in this Proposal shall be
documented in a Change Order Request. Neither party shall be obligated to perform any duties
under any Change Request that has not been duly authorized and executed by each of the parties.
Additional Terms and Conditions
Publicity: EPI-USE/IMPRIVA may not use the name or trademarks of Client in any
advertisement or press release without prior written consent of Client.
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EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and
conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE: SERVICES AND DELIVERABLES TO BE PROVIDED SCHEDULE OF PERFORMANCE MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________
I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________
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EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones Completion Number of Days/Weeks (as specified below) from NTP
1. Project Planning/Onboarding 1 Week
2. Discovery Workshops 4 Weeks
3. Standards & Conventions/FactSheets 2/90 Minute Workshops
4. Process Modeling/LeanIX Configuration 2/60 Minute Workshops
5. Rollout & Training 90 Minute Training Class (number of classes
TBD until team is identified. Admin and Users
each get a 90 minute training class).
6. Deliverable Review 1/90 Minute Meeting
7. Next Steps 1/60 Minute Meeting Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4),
within this/these amount(s). Any work performed or expenses incurred for which payment would
result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
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EXHIBIT C-1 SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Role Rate Hours
Client Manager 200 32 6,400
Sr. Solution/Process Architect N/C 160 0
Sr. Process Architect 175 320 56,000
Process Architect 160 320 51,200
Associate Process Architect 100 320 32,000
Sr. Enterprise Architect (LeanIX) 175 320 56,000
Total $201,600
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EXHIBIT D INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE CONTRACTUAL, AND
BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000
YES
AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $2,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG
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EXHIBIT E INFORMATION OF PRIVACY
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EXHIBIT F CYBERSECURITY TERMS AND CONDITIONS
In order to assure the privacy and security of the personal information of the City's customers and
people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the
"Consultant") and its subcontractors, if any, including, without limitation, any Information
Technology ("IT") infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City's customers. The
Consultant shall fulfill the data and information security requirements (the "Requirements") set
forth in Part A below. A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant's operations and
maintenance processes needed to support the environment, including disaster recovery and
business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.
In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" as set forth in Part B), which may be accepted or rejected in the reasonable
satisfaction of the Information Security Manager (the "ISM").
Part A. Requirements: The Consultant shall at all times during the term of any contract between the City and the
Consultant:
(a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City's Information Privacy Policy:
(c) Have adopted and implemented information security and privacy policies that are
documented, are accessible to the City, and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following: http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297
(d) Conduct routine data and information security compliance training of its personnel that is
appropriate to their role. (e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels.
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(f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees' personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by
any of its employees who no longer would require access to that information or who are
terminated. (g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and
support role-based access control ("RBAC") and segregation of duties ("SoD")
mechanisms for all personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and
errors.
(i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture.
(j) Provide and maintain secure intersystem communication paths that would ensure the
confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release.
(l) Provide for the timely detection of, response to, and the reporting of security incidents,
including on-going incident monitoring with logging. (m) Notify the City within twenty four (24) hours of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements.
(o) Perform security self-audits on a regular basis and not less frequently than on a quarterly
basis, and provide the required summary reports of those self-audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City's performance of random site security audits at the Consultant's site(s), including the site(s)
of a third-party service provider(s), as applicable. The scope of these audits will extend to
the Consultant's and its third-party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and
regulations, and the Confidential Information will be accessible only by the Consultant and
any authorized third-party service provider's personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted at rest, and the backup stage at the Vendors' environment (including
Vendor's contracting organization's environment).
(s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty (30) days after the effective date of expiration or earlier termination of this
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Agreement, all of those records relating to the performance of the Services shall be provided to the ISM. (t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations.
(u) Encrypt the Confidential Information before delivering the same by electronic mail to the
City and or any authorized recipient. (v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto). (w) Offer a robust disaster recovery and business continuity (DR-BCP) solutions to the City
for the systems and services the Vendor provides to the City.
(x) Provide and support Single Sign-on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment." The Vendor shall allow two employees of the City to have superuser and
super-admin access to the Vendor's IT environment, and a cloud-hosted IT environment
belongs to the City. (y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City's IT environment,
including, without limitation, IT infrastructure communications.
(z) The Vendor must provide evidence of valid cyber liability insurance policy per the City’s EXHIBIT “D” INSURANCE REQUIREMENTS. Part B. Alternate Requirements:
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: March 3, 2025
Report #:2501-3979
TITLE
Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 Mackay Drive;
CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution ordering the summary
vacation of a public service easement for utilities located on the residential property at 318
Ferne Avenue and 4120 Mackay Drive in Palo Alto, CA.
ANALYSIS
The public utility easement, as shown on the map of Tract No. 1173, affecting the properties at
318 Ferne Avenue and 4120 Mackay Drive, was accepted by the Palo Alto City Council on May
11, 1953. On November 18, 1953, the map was recorded by the County of Santa Clara Recorder
in Book 46 of Maps on Page 31. On October 17, 2024, the Public Works Department forwarded
the owner’s request to the Real Estate Division that the easement affecting these properties be
vacated. The proposed easement vacation has been approved by the Utilities and Planning
departments. The abandoned easement has been replaced with a new one. Therefore, the
easement may be vacated in accordance with the summary proceeding authorized in Section
8333 of the California Streets and Highways Code.
FISCAL/RESOURCE IMPACT
The Summary Easement Vacation Processing fee of $2,083 each, as set forth in the FY 2025
Municipal Fee Schedule, has been paid by the owner.
STAKEHOLDER ENGAGEMENT
The Real Estate Division collaborated with the owner and their representatives, Utilities, Public
Works, and the City Attorney’s office for necessary reviews of language and exhibits.
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ENVIRONMENTAL REVIEW
Council action on the summary vacation of the public service easement is exempt from review
under the California Environmental Act pursuant to Title 14 California Code of Regulations
section 15305 as a minor alteration in land use limitations.
ATTACHMENTS
Attachment A: Resolution Vacating a Public Service Easement at 318 Ferne Avenue and 4120
Mackay Drive
APPROVED BY:
Lauren Lai, Administrative Services Director
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Recorded at no charge in accordance with
Streets & Highways Code Section 8336 at
the request of and when recorded return to:
City of Palo Alto
Real Estate Division
250 Hamilton Avenue
Palo Alto, CA 94301
SPACE ABOVE LINE FOR RECORDER’S USE
APN: 147-28-011 and 012
Address: 318 Ferne Avenue and
4120 Mackay Drive
Palo Alto, CA 94306
SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING A PUBLIC SERVICE EASEMENT
AT 318 FERNE AVENUE AND 4120 MACKAY DRIVE, PALO ALTO, CA
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City
Council to summarily vacate a public service easement in any of the following cases: (a) the
easement has not been used for the purpose for which it was dedicated or acquired for five
consecutive years immediately preceding the proposed vacation, (b) the date of dedication or
acquisition is less than five years, and more than one year, immediately preceding the proposed
vacation, and the easement was not used continuously since that date, (c) the easement has been
superseded by relocation, or determined to be excess by the easement holder, and there are no
other public facilities located within the easement; and
WHEREAS, an easement on the property located at 318 Ferne Avenue and 4120
Mackay Drive, Palo Alto, CA 94306, was dedicated for public utility purposes as shown on the
map recorded on November 18, 1953, in Book 46, page 31 of Santa Clara County Office Records;
and
WHEREAS, the City of Palo Alto Utilities Department and Planning Department have
evaluated and determined that the public utilities easement located on the property at 318 Ferne
Avenue and 4120 Mackay Drive, Palo Alto, CA 94306 is excess and can be superseded by
relocation; and
WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the
public service easement as more particularly described in Exhibit “A” attached to this resolution
and depicted on the plat map attached as Exhibit “B” to this resolution; and
NOW, THEREFORE, the City Council does hereby RESOLVE as follows:
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SECTION 1. This vacation is made under the authority of California Streets and
Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8333 et. seq. The public
service easement described herein on Exhibit “A” and depicted on the plat map attached as Exhibit
“B” is excess and has been superseded by relocation.
SECTION 2. Based upon the findings made in Section 1 of this Resolution and the
provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order
that the public service easement as shown on the said Exhibits “A” and “B” shall be summarily
vacated.
SECTION 3. The City Clerk, acting by and through the Real Property Manager, is
hereby directed to record at the Santa Clara County Clerk-Recorder’s Office a certified copy of
this Resolution, including the Map.
SECTION 4. The public service easement for utilities described in Exhibit “A” and
depicted in the plat map attached as Exhibit “B” will no longer constitute a public service easement
from and after the date of recordation of the documents identified in Section 3 of this Resolution.
SECTION 5. The Council finds that the summary vacation of the public service
easement is exempt from review under the California Environmental Act pursuant to Title 14
California Code of Regulations section 15305 as a minor alteration in land use limitations.
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: March 3, 2025
Report #:2412-3948
TITLE
FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18
(Zoning) to Modify the Housing Incentive Program, Affordable Housing Incentive Program,
and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D; 3.4A-D; and
6.2A). CEQA Status -- Addendum to the Comprehensive Plan Environmental Impact Report
(EIR), adopted December 18, 2023 (SCH #2014052101).
RECOMMENDATION
Staff recommends that the City Council amend Title 18 (Zoning) of the Palo Alto Municipal
Code (PAMC) (Attachment A) to implement Programs 3.3A, B, and D, 3.4A-D, and 6.2A of the
Housing Element regarding the Affordable Housing Incentive Program (AHIP), Housing
Incentive Program (HIP), and Retail Preservation Ordinance.
EXECUTIVE SUMMARY
The 2023-2031 Housing Element, adopted by the City Council on April 15, 2024, and certified
by the California Department of Housing and Community Development (HCD) on August 20,
2024, includes two key implementation programs to support affordable and market-rate
multifamily housing development beyond the housing sites inventory:
•Housing Element Program 3.3 outlines amendments to the Affordable Housing
Incentive Program (AHIP) to streamline, incentivize, and improve project feasibility of
affordable housing projects.
•Housing Element Program 3.4 seeks to expand development incentives in the
Housing Incentive Program (HIP); extend the HIP to additional zoning districts to
facilitate housing production; and modify the Retail Preservation Ordinance to reduce
constraints on housing development.1
1 This draft ordinance does not include implementation of Program 3.3C regarding State Density Bonus Law
updates, nor Program 3.4E regarding the El Camino Real Focus Area expansion, which will proceed through
separate work efforts.
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Incentives for larger units (3+ bedrooms) through the HIP also serve to implement Housing
Element Program 6.2A.
The Background section of this report describes the existing HIP and AHIP programs and the
Retail Preservation Ordinance, which is also affected by these modifications. The Analysis
section outlines proposed amendments consistent with the Housing Element programs
discussed above. The Analysis section also presents financial and physical feasibility analyses
prepared to identify specific changes to development standards; and compares the relative
benefits and drawbacks of incentive programs available to developers (see Attachment F).
BACKGROUND
The City of Palo Alto 2023-2031 Housing Element aims to implement State Housing Element
law. As shown in Attachment C, to support those objectives, Housing Element Programs 3.3
(AHIP) and 3.4 (HIP) provide incentives for development of affordable and multifamily
housing, respectively. This Background section also includes a brief description of State
streamlining incentives and the Retail Preservation Ordinance that provide context for the
proposed ordinance changes.
Housing Incentive Program (HIP)
The HIP program was enacted in 2019 as a local alternative to the State Density Bonus law. It
allows for development incentives including no residential density restrictions, increased
floor area ratios, and increased lot coverage. The program requires Architectural Review and
the Planning & Development Services Director to approve the specific increases in
development standards. The HIP does not require additional below-market rate units beyond
the City’s existing inclusionary housing requirement. The only eligibility criterion is that the
HIP is applicable in certain commercial mixed-use districts and locations.
The City has approved two development projects that utilized the HIP to create a total of 105
units, including a 3-unit and 102-unit project. However, given recent changes in State Density
Bonus Law and other State-level streamlining bills, changes to the HIP are warranted to
make sure that the program is providing a real incentive compared to State law.
The City approved a
102-unit residential
mixed-use
development at 788
San Antonio Road.
The project, which
includes 16 below-
market rate units,
was awarded
additional
residential density
through the HIP.
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Affordable Housing Incentive Program
The City enacted an Affordable Housing Overlay in 2018 to promote 100% affordable
housing development. In July 2022, the City modified the Affordable Housing Overlay district
into the AHIP program to streamline the approval process. Currently, AHIP projects are
eligible for increased density, taller heights, and reduced parking ratios, among other
benefits. Eligibility is currently limited to projects that are:
•100% affordable rental housing (up to 120 percent of Area Median Income [AMI]);
•Located within ½ mile from CalTrain or ¼ mile from a bus transit corridor; and
•Located in the CD, CC, CN, CS, or North Ventura zoning districts.
The City has received only one development project application utilizing the AHIP. Given the
narrow eligibility criteria and recent changes in State Density Bonus Law, changes to the
AHIP are warranted to make sure that the program is providing a real incentive for
affordable housing development compared to State law.
Wilton Court, at
3705 El Camino Real,
used the AHIP to
increase residential
density otherwise
allowed at the site
and construct 59
units affordable to
low-income
households.
State Streamlining Incentives
Recent State laws offer qualifying development projects streamlined review, often with
limited public hearings and/or subject to ministerial approvals. The City originally developed
the HIP and AHIP incentive programs to retain full architectural review by the Architectural
Review Board (ARB) in exchange for relaxed development standards. However, for these
local programs to be effective and used, they must provide incentives for developers that
exceed what is attainable under State law. Recent and commonly used State law programs
are summarized and compared to the HIP and AHIP in Attachment F.
Retail Preservation Ordinance
In 2015, the City Council adopted an interim urgency ordinance prohibiting the conversion of
ground floor spaces used for retail and retail like uses (i.e., restaurants and personal services)
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to office or other uses. At that time, there was a trend of retail being replaced by office uses.
The Council adopted a permanent ordinance in 2017. It requires redevelopment projects to
replace any existing ground-floor retail, restaurant, or service uses on a square foot basis.
The 2023-2031 Housing Element identified the retail preservation ordinance as a potential
constraint to housing development. Program 3.4B calls for specific waivers from and
modifications to these regulations to accommodate more housing density and affordability
while focusing retail development in the most desirable locations in Palo Alto.
Planning & Transportation Commission (PTC) and Architectural Review Board (ARB) Review
The PTC and ARB held study sessions on September 25, 2024, and October 3, 2024,
respectively, to discuss planned and potential modifications to the HIP and AHIP. On
December 17, 2024, the PTC held a public hearing on the resulting draft ordinance and
recommended that the City Council adopt the ordinance unanimously (6-0 vote). The PTC
provided the following comments, which have been incorporated in the draft ordinance
(Attachment A):
•Provide floor area ratio (FAR) bonus for providing 3+ bedroom units; and
•Extend AHIP eligibility to include all sites eligible for the HIP.
Additionally, the PTC requested the following considerations for future study:
•Consider allowing an additional five feet of allowed height for projects using the
HIP/AHIP;
•Consider eliminating FAR standard for the HIP/AHIP citywide; and
•Consider additional commercial nodes on El Camino Real and return to the PTC to
review them within the first quarter of 2025.
City staff expect to consider the suggested additional building height and FAR modifications
as part of a future citywide comprehensive zoning update. Since the City does not regulate
residential density (i.e., dwelling units per acre) in many districts, removing FAR would
remove almost all density/intensity limitations (setbacks and height/daylight plane would be
the primary controls). This has implications for how the City calculates density bonuses
under State Density Bonus Law and would eliminate one of the key incentives for applicants
to use the HIP/AHIP programs—which provide greater FAR and residential density—
compared with State Density Bonus Law. In addition, City staff anticipate returning to the
PTC and Council later this year to making further updates to the City’s retail regulations. This
could include further modifications to the policies and El Camino Real commercial node
boundaries.
ANALYSIS
This section explains key aspects of the draft ordinance (Attachment A). Table 1 summarizes
the substantive changes by chapter or section of the Municipal Code. Annotations in the
margins of Attachment A further guide the reader about the rationale for key changes.
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Table 1: Summary of Draft Ordinance
Chapter/Section Summary of Proposed Modification
18.14.030:
Housing
Incentive
Program
•Consolidate HIP regulations from Chapters 18.16 and 18.18.
•Update development standards:
Increase FAR and building height maximums (see Attachment G for
details of existing rules and proposed changes).
Reduce parking ratios to match State Density Bonus Law.
Revise daylight plane and reduce front/street side setbacks.
Allow bonus density/FAR for “family-friendly” (3+ bedroom units)
(see Attachment G for an analysis of proposed changes).
•Expand eligibility to include RM districts and GM/ROLM Focus Area.
•Expand transportation demand management measures.
•Streamline process for projects that meet objective design standards,
with cross-reference to Section 18.77.073: Streamlined Housing
Development Project Review.
•Remove separate development standards for 100% affordable
projects (and relocate to AHIP).
18.14.040:
Affordable
Housing
Incentive
Program
•Relocate Chapter 18.32 Affordable Housing Incentive Program.
•Increase FAR and building height, reduce parking ratios, and
streamline review process.
• Expand eligibility to include all locations eligible for the HIP.
18.40.180: Retail
Preservation
•Modify exemptions and partial exemptions in subsection (4).
•Waive retail preservation requirement on Housing Element
opportunity sites.
•Retain existing retail requirements in the Ground floor (GF) and Retail
(R) combining districts and in commercial nodes on El Camino Real.
•Reduce replacement retail floor area requirement in other locations.
•Create incentives for ground-floor retail (i.e., parking reduction for
first 1,500 square feet of retail and additional 5 feet of height).
•Standardize definitions for 100% affordable housing and clarify
meaning of existing regulations.
The draft ordinance also includes minor modifications to base district regulations to
consolidate and add cross-references to the new housing incentive regulations in Chapter
18.14. As shown in Attachment C, Housing Element Program 3.3 provides explicit direction
on the modifications to be made to the AHIP and so they are not discussed further here.
Incentives for Larger Units
As noted in Table 1, the draft ordinance provides an incentive for projects that include larger
units (projects in which at least 10% of the proposed units are 3+ bedroom units). This
incentive includes unlimited residential density and/or FAR bonuses of 0.5 FAR. This
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proposed amendment also implements Housing Element Program 6.2A: study to incentivize
larger units:
Research and implement incentives to encourage larger units, such as FAR exemptions
for three or more bedroom units, and creation of family-friendly design standards.
Meet with housing stakeholders and conduct public hearings before the Planning and
Transportation Commission to receive public and commissioner input on ways to
achieve stated objective. Make recommendations to Council and follow up with an
ordinance to effect a change in local zoning regulations as directed.
The 10% minimum threshold for 3+ bedroom units results from conversations with four
developers and architects and evaluation of eight proposed or recently approved multi-
family projects in Palo Alto. This threshold is intended to stretch project applicants to
achieve this incentive, while still being a realistic goal. A higher threshold is unlikely to be
achieved except for townhome projects (which do not need unlimited density nor FAR
bonuses).
Retail Preservation Ordinance Modifications
Housing Element Program 3.4B calls for changes to the Retail Preservation Program,
separate from the HIP changes. As listed in the table above, the modifications are within the
Exemptions section and include:
1. Waive retail preservation requirement on Housing Element opportunity sites. (State
law requires 100% residential development be allowed on sites identified as
accommodating lower income housing units. To simplify administration and support
housing production and affordability outside of priority retail areas, the draft
ordinance extends this waiver to all Housing Element opportunity sites.)
2. Retain retail requirements in the:
a. Ground floor (GF) combining district;
b. Retail (R) combining district; and
c. Commercial nodes on El Camino Real.
3. Reduce replacement retail floor area requirement in other locations.
4. Create incentives for ground-floor retail (i.e., parking reduction for first 1,500 square
feet of retail and additional 5 feet of height).
5. Clean-up existing regulations to clarify intent and standardize definitions for 100%
affordable housing exemptions.
The draft ordinance outlines four “nodes” on El Camino Real, where the retail preservation
ordinance would continue to apply. These nodes are intended to provide clarity to the
general areas shown in the South El Camino Design Guidelines for pedestrian-oriented nodes
and were also informed by site visits and the recently adopted North Ventura Coordinated
Area Plan (NVCAP). Figure 1 identifies the following nodes for required ground-floor retail
and retail preservation:
1. California Avenue: The intersection of El Camino Real and California Avenue to
continue this dynamic retail corridor, especially at the El Camino terminus.
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2. NVCAP: The North Ventura area where the NVCAP requires ground-floor retail along
the El Camino Real frontage.
3. Focus Area: The El Camino Focus Area frontage, where large sites combined with
more genera Focus Area allows for higher density development close to existing retail
development on California Avenue and El Camino Real.
4. Triangle/El Camino Way: A smaller scale and block pattern, with existing crosswalks
across El Camino Way that are more conducive to pedestrians, existing restaurants
and retail uses, and Housing Element opportunity sites that allow for redevelopment
of housing with ground-floor retail.
For Housing Element opportunity sites located within these nodes a developer will still have
the ability to build a 100% residential project. However, if they wish to use the incentives of
the HIP program, then retail replacement would be required. Existing regulations allow a
reduced retail replacement requirement of up to 1,500 sq. ft. for higher density housing
projects (at least 30 units/acre) outside of the GF and R combining districts. The draft
ordinance extends this reduction outside of these nodes and exempts this commercial area
from required parking. This amount of commercial floor area would accommodate a small
cafe or retail establishment but provides more flexibility at the ground-floor than current
requirements.
Attachment I provides examples of how the retail preservation ordinance applies to different
locations, project types, and affordability levels, and highlights changes between the existing
and proposed regulations.
Figure 1: El Camino Real Required Retail Nodes
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Physical and Financial Feasibility Studies to Evaluate Potential Changes to the HIP
As required by Housing Element Program 3.4, City staff and consultants prepared physical
and financial feasibility studies to determine the types and densities of housing that current
zoning standards2 produce and to determine whether these housing types are likely to be
financially feasible for a developer to build.
Attachment D illustrates the physical models prepared by architects at Urban Field Studio
and planners at Lexington Planning and reports the high-level financial feasibility findings
prepared by economic consultants, Keyser Marston Associates (KMA). Attachment E is the
detailed report on KMA’s financial feasibility findings.3 Figure 2 (below) summarizes this
process and the outcome of the studies.
2 Notably, these analyses exclude zoning changes that went into effect in January 2024 on Housing Element opportunity
sites. These recent changes improve physical and financial feasibility on opportunity sites only. Modifications to the HIP are
expected to assist developers/property owners of sites that are not listed as opportunity sites, but will also further improve
feasibility on opportunity sites.
3 Financial feasibility findings are based on assumptions about costs, land values, and profits that are averages, and
represent KMA’s local research and professional opinions. These assumptions may not reflect the economic situations and
assumptions for individual sites and developers, based on their specific values and priorities.
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Figure 2: Feasibility Analysis – Process and Outcome
Figure 3 illustrates an example of the physical feasibility analysis detailed in Attachment D.
Architects modeled what existing standards yield (image and column at left) and then
modified various standards to try to increase yield (image and column at right). In general,
this process aimed to keep building height increase to no more than 10-20 feet (one to two
stories) and retain on-site parking.
However, zoning standards are interconnected; there are tradeoffs that the City can consider
when evaluating changes to standards. For example, reducing parking can free up space at
the ground-level for housing units or commercial spaces without substantial changes to
building height. If side/rear setbacks and daylight planes are priorities, then building heights
may need to be higher and front/street side setbacks lower to achieve sufficient yields. In
the example in Figure 3, the architects increased building height, reduced the rear setback,
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modestly reduced the parking requirement, met the open space requirement on top of the
podium, and substantially increased the FAR. This results in an increase from four to seven
units.
Figure 3: Excerpt from Physical Feasibility Report (see Attachment D)
The result of this analysis, and subsequent discussion with the ARB and PTC is a draft
ordinance that modifies maximum FAR and building height, reduces parking ratios, revises
daylight planes, and reduces front/street side setbacks, as described in Table 1 above.
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POLICY IMPLICATIONS
As part of the implementation of Program 3.2 (Monitor Constraints to Housing) of the
Housing Element, the City committed to prepare an analysis in staff reports for initiatives
proposing new regulations. This analysis details how the regulations may impact housing
production, if at all, and recommend solutions to address any adverse impacts.
The draft ordinance implements the following Housing Element programs:
•Housing Element Program 3.3A, B, and D to streamline, incentivize, and improve
project feasibility of 100% affordable housing projects.
•Housing Element Program 3.4A-D to expand development incentives in the Housing
Incentive Program (HIP) and extend the program to additional zoning districts to
facilitate housing production. Based on quantified objectives in the Housing Element,
this modification is anticipated to generate 550 housing units.
•Housing Element Program 6.2A to incentivize larger units and create family-friendly
housing.
As a result, the draft ordinance would help affirmatively affirm fair housing goals expressed
in the Housing Element by revising zoning in a range of high resource areas and different
locations within the City, including: existing residential neighborhoods, along commercial
corridors, in the GM/ROLM Focus Area, as well as in Downtown and California Avenue. This
ordinance also supports implementation of Housing Element Goal 2.0 (Affordable Housing)
and Goal 3.0 (Housing Development).
FISCAL/RESOURCE IMPACT
The implementation of the proposed ordinance is not anticipated to have any direct fiscal
impacts on the City budget.
STAKEHOLDER ENGAGEMENT
Preparation of the Housing Element included a range of community outreach methods,
including surveys, Working Group meetings, community workshops, and public hearings.
Hundreds of community members have participated in the Housing Element update over the
course of the project. City staff and consultants are working with developers and architects
familiar with the City’s regulations to test potential standards. Community members have an
opportunity to provide feedback on the draft standards at PTC, ARB, and City Council study
sessions and public hearings.
ENVIRONMENTAL REVIEW
On April 15, 2024, the City Council adopted Resolution No. 10155, approving an Addendum
to the Comprehensive Plan Environmental Impact Report (EIR). The addendum analyzed
potential environmental impacts of the 6th Cycle Draft Housing Element. This includes
implementation of Housing Element Programs 3.3, 3.4, and 6.2, and associated increase in
housing production including and beyond what was projected by the RHNA and Housing
Element sites inventory.
ATTACHMENTS
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Attachment A: Amendments to Title 18 to Implement Housing Element Programs 3.3A, B,
and D and 3.4A-D
Attachment B: HIP and AHIP Applicability Map
Attachment C: Excerpt from 2023-2031 Adopted Housing Element Program
Attachment D: Physical Feasibility Analysis Report
Attachment E: Financial Feasibility of Multifamily Housing Typologies (Executive Summary;
link to full report)
Attachment F: Comparison of HIP/AHIP vs. State Law Incentive Programs
Attachment G: Summary of Draft Density, FAR, Building Height and Daylight Plane
Modifications
Attachment H: State Density Bonus Law Handout
Attachment I: Retail Preservation Ordinance Example Matrix
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
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Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Various Chapters of
Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 3.3
and 3.4 of the 2023-2031 Housing Element to Revise the Housing Incentive
Program and Affordable Housing Incentive Program
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On May 8, 2023, the City Council adopted Resolution No. 10107, approving an Addendum
to the Comprehensive Plan Environmental Impact Report (EIR), making various findings,
and adopting the 2023-2031 Housing Element for the City of Palo Alto.
B. On December 18, 2023, the City Council approved a Revised Addendum to the
Comprehensive Plan EIR and adopted Ordinance No. 5608, rezoning sites in the 2023-
2031 Housing Element Sites Inventory to accommodate the City’s Regional Housing Needs
Allocation.
C. On April 15, 2024, the City Council adopted Resolution No. 10155, making various
findings, adopting a Revised 2023-2031 Housing Element, and authorizing the Director of
Planning and Development Services to take further actions necessary to achieve
certification of the Housing Element by the California Department of Housing and
Community Development (HCD).
D. On August 19, 2024, HCD found that the Revised 2023-2031 Housing Element, as further
modified on July 17, 2024, was substantially compliant with state law.
E. Programs 3.3 and 3.4 of the City’s Revised 2023-2031 Housing Element direct a variety of
updates to the City’s Housing Incentive Program and Affordable Housing Incentive
Program, which are implemented in this ordinance.
F. On ________, 2024, the Planning and Transportation Commission considered and
recommended that the City Council adopt this ordinance to implement the 2023-2031
Housing Element.
SECTION 2. Section 18.14.030 (Housing Incentive Program) of Chapter 18.14 (Housing
Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as
follows:
18.14.030 Housing Incentive Program
(a) Purpose
The housing incentive program modifies base zoning district standards and streamlines
review to encourage higher-density multi-family housing production. The program is a local
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alternative to State Density Bonus Law.
(b) Applicability
The housing incentive program shall apply to the following zoning districts or locations:
(1) Chapter 18.13: RM-20, RM-30, RM-40
(2) Section 18.14.020: GM/ROLM Focus Area (see Figure 1)
(3) Chapter 18.16: CC(2); CN or CS-zoned sites on El Camino Real; CS sites on San Antonio
Road between Middlefield Road and East Charleston Road
(4) Chapter 18.18: CD(C)
(5) Chapter 18.29: NV- R3, NV- R4, NV- MXL, NV- MXM, NV- MXH, NV- PF
(c) Procedures
The regulations established by this section provide increases in development standards for
eligible projects electing to take advantage of the Housing Incentive Program. A property
owner may elect to use the site consistent with the underlying zoning district.
The Housing Incentive Program provides flexibility in development standards that allow for
a density increase that would in most cases exceed density bonuses under state density
bonus law (Government Code Section 65915). Therefore, a project applicant may utilize the
provisions of this section as an alternative to use of the state density bonus law implemented
through Chapter 18.15 (Density Bonus) of this Title, but may not utilize both this section and
state density bonus law. If an applicant utilizes state density bonus law, the provisions of
this section shall not apply.
(d) Permitted Uses
The following uses shall be permitted to use the housing incentive program:
(1) Multiple-Family Residential.
(2) In conjunction with a Multiple-Family Residential use, any uses permitted in the
underlying district, provided the uses are limited to the ground floor.
(e) Development Standards
For all eligible zoning districts, the housing incentive program shall modify underlying zoning
district standards as shown in Table 5. Floor area ratio (FAR) and building height standards
are specified in Table 6; unlike the standards in Table 5, these standards vary by zoning
district and whether or not a site is classified as an opportunity site listed in Appendix D of
the Housing Element.
Table 5
Housing Incentive Program Development Standards
Minimum Site Specifications
Standards for All Eligible
Zoning Districts Subject to regulations in:
Implements Program 3.4Dto add RM and GM/ROLM Focus Area districts
Similar toexistingproceduresfor AHIP
Based on the City’sDefinitions in Ch. 18.04,MFR is defined as 3+ units
ImplementsProgram 3.4B+Dre: modifiedstandards
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Minimum Setbacks
Front Yard (ft) Same as underlying district
or 10 ft. (whichever is less)
Setback lines imposed by a
special setback map
pursuant to Chapter 20.08
of this code or imposed to
create required effective
sidewalk widths apply.
Rear Yard (ft) Same as underlying district
Rear Yard abutting residential
zoning district (ft)
Same as underlying district
Interior Side Yard if abutting
residential zoning district (ft)
Same as underlying district
Street Side Yard (ft) Same as underlying district
or 8 ft. (whichever is less)
Maximum Site Coverage 100% (commercial districts
and GM/ROLM Focus Area)
70% (residential districts)
Minimum Landscape/Open Space
Coverage
Same as underlying district See 18.14.020 for
modified standards
applicable to Housing
Element Opportunity Sites
Minimum Usable Open Space Same as underlying district
Maximum Height (ft) See Table 6 for standards,
by zoning district
Portions of a site within 50 ft of a
low density residential district (RE,
R1, NV-R1, R2, NV-R2, RMD)
35 ft(1)
Daylight Plane for lot lines
abutting a low density residential
district (RE, R1, NV-R1, R2, NV-R2,
RMD)
Unless the underlying
zoning district standard is
more permissive, the
daylight plane shall be as
follows:
Initial height: 16 feet,
measured at the property
line
Slope: 45 degrees
Reducedsetbackrequirementswill affect theROLM and RMzones (20 to10 ft front and16 to 8 ft streetside).
Special setbacksretain sidewalkdimensions on ElCamino Real andin NVCAP
This would increase coverage in the RM andCN zones and the GM/ROLM Focus Areaas well as certain NV zones. Lot coverage isalready 100% in the CD(C) and CC(2), as wellas CS zone for non-residential uses. Projectsgenerally will not achieve 100% coverage dueto setback, landscaping, and stormwater req's.
Similar toexistingAHIP heighttransitionstandards
Requires adayight plane,but allows fortwo stories nextto the sharedproperty line
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Maximum Residential
Density (net)
RM-20 Zone (Non-Housing
Element Opportunity Site):
40 du/ac
All Other RM Zones: 60
du/ac, except no density
limit if at least 10% of units
are 3+ bedrooms
All Other Zones: None.
Minimum Commercial FAR Same as underlying district See Section 18.40.180
(retail preservation)
Maximum Total FAR See Table 6 for standards,
by zoning district
Minimum Vehicle Parking
1 space per studio/1-bed
1.5 spaces per 2-bed+
Additional adjustments to
the required ratios may be
considered per Chapter
18.52 (Parking).
TDM Plan
Projects providing fewer
than 50% of the parking
spaces that would be
required under Section
18.52.040 shall develop and
implement a transportation
demand management plan
containing, at a minimum:
(1) free transit passes for
residents (one per/unit);
(2) at least one on-site
short-term residential
loading space;
(3) bike repair station;
(4) allocation of 5% of
required bike parking
spaces to cargo bikes;
(5) provision of outlets
appropriate spaced for e-
bike charging at 20% of
required bicycle parking
See Chapter 18.52.050(d)
for additional TDM that
may be required.
None of these other zonescurrently have a density limit
Incentive for family housing
These parkingratios matchthe basic StateDensity BonusLaw ratio
New TDMrequirementsfor projects withreduced parkingTDM measuresbuild on ElCamino FocusArea measures
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spaces; and
(6) a micromobility program
with a fleet equal to 5% of
the number of proposed
units.
Notes:
(1) Distance shall be measured from the property line of the subject site.
Table 6
FAR and Building Height Standards, by Eligible Zoning District
(THESE COLUMNS TEMPORARILY
INCLUDED FOR REFERENCE ONLY) Housing Incentive Program Standards
Existing
Base
District
Standard
Existing
18.14.010
Standards
Existing
HIP
Standards Maximum FAR(1)
Maximum
Building
Height
Non-Opp
Sites
Opp Sites MFR Non-
Housing
Element
Opportunity
Sites
Housing
Element
Opportunity
Sites
CC(2) Max
Total
FAR: 0.6
Max
height:
37 ft.
Max Total
FAR: 2.0
Max Total
FAR: 2.0
Max
Coverage:
100%
2.6
3.5
60 ft.
CS (El
Camino
Real)
Max
Total
FAR: 0.6
Max
height:
50 ft.
Max Total
FAR: 1.25
Max Total
FAR: 1.5
Max
Coverage:
100%
2.85
3.5
60 ft.
CS (San
Antonio
Max
height:
Max Total
FAR: 1.25
Max Total
FAR: 2.0
2.0 2.0 50 ft.
Existing standards for reference. No modifications to the CS (San Antonio) or CD(C) (Downtown) districts are proposed in order to let the San Antonio CAP andDowntown study determine changes.
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Road
between
Middlefield
Road and
East
Charleston
Road)
50 ft.
CN (El
Camino
Real)
FAR: 0.5
Max
height:
40 ft.
Max Total
FAR: 1.25
Max Total
FAR: 1.5
Max
Coverage:
100%
2.5
3.25
50 ft.
CD(C) Max
height:
50 ft.
Max Total
FAR: 2.0
Max Total
FAR: 3.0
3.0(2) 3.0(2) 50 ft.
RM-40 FAR: 1.0
Max
height:
40 ft.
Max Total
FAR: 1.5
n/a 3.0 50 ft.
RM-30 FAR: 0.6
Max
height:
35 ft.
Max Total
FAR: 1.25
n/a 2.5 40 ft.
RM-20 FAR: 0.5
Max
height:
30 ft.
Max Total
FAR: 1.25
n/a 2.0 40 ft.
GM/ROLM
Focus Area)
n/a Max Total
FAR: 2.5
Max
height: 60
ft.
n/a 3.5 No change
Notes:
(1) Maximum Floor Area Ratio shall be increased by 0.5:1 for projects in which at 10% of all units contain
three or more bedrooms.
Incentive forfamily housing
The zoning changes effective Jan. 2024allowed for building height up to 60 ft.No further changes are proposed aspart of these HIP modifications
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(2) The use of transferable development rights under Section 18.18.080 shall not cause the site to exceed
an FAR of 3.0.
(f) Review Process
Housing Development Projects that comply with objective design standards pursuant to
Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) shall be subject
to streamlined review pursuant to Section 18.77.073. All other projects shall be subject to
architectural review as provided in Section 18.76.020. Projects shall not be subject to the
requirements of site and design review in Chapter 18.30(G).
//
//
SECTION 3. Section 18.14.040 (Affordable Housing Incentive Program) of Chapter 18.14
(Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to
read as follows (changes from Chapter 18.32 shown temporarily for reference only):
(a) 18.32.010 Specific Purpose
The affordable housing incentive program is intended to promote the development of 100%
affordable rental housing projects located within one-half mile of a major transit stop or
one-quarter mile of a high-quality transit corridor, as defined in subdivision (b) of Section
21155 of the Public Resources Code, by providing flexible development standards, and
modifying the allowed uses, and streamlining the project review process allowed in the
commercial districts and subdistricts.
(b) 18.32.20 Applicability of Regulations and Affordable Housing Requirement
The affordable housing incentive program shall apply to 100% affordable housing projects in
the following zoning districts or locations:
(1) Housing Element Opportunity Sites listed in Appendix D of the Housing Element; or
(2) Pproperties located within one-half mile of a major transit stop or one-quarter mile
of a high-quality transit corridor and zoned CD, CN, CS, and CC, set forth in Chapters
18.16 and 18.18 of this Title, in accord with Chapter 18.08 and Chapter 18.80, but
excluding the Town and Country Village Shopping Center, Midtown Shopping Center,
and Charleston Shopping Center (unless otherwise allowed by subsection (i).
(3) Sites eligible for the Housing Incentive Program pursuant to Section 18.14.030(b).
Procedures
Implements Program 3.4A toallow one study session withthe ARB if a project meetsobjective standards. Based onexisting AHIP review process.
Generalized in orderto capture addition ofresidential district and Housing Elementopportunity sites outside of transit areas
Expanded applicability consistentwith Program 3.3A. Relocatedtransit statement from purposestatement above. Major transitdefinition is now in “definitions”section below.
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The regulations established by this chapter shall apply for 100% affordable housing projects
in lieu of the uses allowed and development standards and procedures applied in the
underlying district. A property owner may elect to use the site consistent with the
underlying zoning district, in which case the applicable regulations in Chapters 18.16 and
18.18 for the commercial districts shall apply.
(a) The affordable housing incentive program provides flexibility in development
standards that allow for a density increase that would in most cases exceed density bonuses
under state density bonus law, (Government Code Section 65915). Therefore, a project
applicant may utilize the affordable housing incentive program and the provisions of this
chaptersection as an alternative to use of the state density bonus law implemented through
Chapter 18.15 (Density Bonus) of this Title, but may not utilize both the affordable housing
incentive program and state density bonuses law. If an applicant utilizes state density bonus
law, the regulations in this section shall not apply. in Chapters 18.16 and 18.18 for the
applicable underlying commercial zoning district, including as modified by Chapter
18.14.020, shall apply.
(c) 18.32.030 Definitions
For purposes of this chapter, the following definitions shall apply.
(1) (a) "100% affordable housing project" means a multiple-family housing project
consisting entirely of for-rent affordable units, as defined in Section 16.65.020 of this
code, except for a building manager's unit, and available only to households with
income levels at or below 120% of the area median income for Santa Clara County,
as defined in Chapter 16.65, and where the average monthly rent, inclusive of a
reasonable utilities allowance, does not exceed one-twelfth of 30% of the area
median income (100% AMI) for the appropriate household size.
(1)(2) “Major transit stop” and “high-quality transit corridor” as defined in subdivision
(b) of Section 21155 of the Public Resources Code.
18.32.040 (Reserved)
(d) 18.32.050 Review Process
Housing Development Projects that comply with objective design standards pursuant to
Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) shall be subject
to streamlined review pursuant to Section 18.77.073 (Streamlined Housing Development
Project Review). All other projects shall be subject to architectural review as provided in
Section 18.76.020. Projects shall not be subject to the requirements of site and design
review in Chapter 18.30(G).
(e) 18.32.060 Conformance to Other Combining Districts and Retail Preservation
Implements 3.3D
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The following requirements shall apply to projects in the AH affordable housing incentive
program:
(1) (a) Where applicable, the requirements of Chapter 18.30(A) (Retail Shopping (R)
Combining District Regulations), Chapter 18.30(B) (Pedestrian Shopping (P)
Combining District Regulations), and Chapter 18.30(C) (Ground Floor (GF) Combining
District Regulations), and Pedestrian Shopping (P) Combining Districts shall apply.
(2) (b) Where applicable, the retail preservation requirements of Section 18.40.180
shall apply except as provided below.
(2)(3) Projects shall not be subject to the requirements of site and design review in
Chapter 18.30(G).
(1) Waivers and adjustments
(A) Except in the R or GF combining districts, the City Council shall have the authority to
reduce or waive the amount of retail or retail like gross floor area required in Section
18.40.180 for any 100% affordable housing project if the City Council determines that it would
be in the public interest. Any such reduction or waiver shall not be subject to the waiver and
adjustments requirements in Section 18.40.180(c). In the R and GF combining districts, any
reduction or waiver in retail or retail like gross floor area shall remain subject to the
requirements of Section 18.40.180(c) or the combining district as applicable.
(B) The City Council shall have the authority to modify retail parking requirements
associated with a 100% affordable housing project that also requires ground floor retail.
(f) 18.32.070 Permitted Uses
The following uses shall be permitted in to use the AH affordable housing incentive program:
(1) (a) 100% affordable housing projects;
(2) (b) In conjunction with a 100% affordable housing project, any uses permitted in
the underlying district, provided the uses are limited to the ground floor:.
(A) Business or trade school.
(B) Adult day care home.
(C) Office less than 5,000 square feet when deed-restricted for use by a not-for-
profit organization.
(A)(D) Any uses permitted in the underlying district
(g) 18.32.080 Conditional Uses
The following uses may be permitted in All uses conditionally permitted in the applicable
underlying zoning district may be established in a project utilizing the AH affordable housing
incentive program: (1) in conjunction with an 100% affordable housing project;, (2) subject
to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and
This is redundantwith 18.40.180
Redundant. Ch. 18.52 already outlines parking reduction process.
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Approvals);, and (3) provided that the uses are limited to the ground floor.:
(a) Business or trade school.
(b) Adult day care home.
(c) Office less than 5,000 square feet when deed-restricted for use by a not-for-profit
organization.
(d) All other uses conditionally permitted in the applicable underlying zoning district.
(h) 18.32.090 Development Standards
The following development standards shall apply to projects subject to the AH affordable
housing incentive program in lieu of the development standards for the underlying zoning
district, except where noted below:
Table 1
Development Standards
AH Incentive Program(1)
Minimum Site Specifications Subject to regulations in:
Site Area (ft 2)
None required
Site Width (ft)
Site Depth (ft)
Minimum Setbacks
Setback lines imposed by a
special setback map
pursuant to Chapter 20.08
of this code may or
imposed to create required
effective sidewalk widths
apply
Front Yard (ft) Same as underlying district
or 10 ft. (whichever is less)
Rear Yard (ft) Same as underlying district
Rear Yard abutting residential
zoning district (ft)
Same as underlying district
Interior Side Yard if abutting
residential zoning district (ft)
Same as underlying district
Street Side Yard (ft) Same as underlying district
or 8 ft. (whichever is less)
Build-to-Lines Same as underlying district
Permitted Setback Encroachments Same as underlying district
Changes follow Program 3.3B to increase FAR (except on R-1 opportunity sites), increaseheight limit for <60% of AMI projects, reduce parking requirements, and other changes to make the 2.4 FAR achievable.
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Maximum Site Coverage None Required
Minimum Landscape/Open Space
Coverage
20%(2)
Minimum Usable Open Space
25 sq ft per unit for 5 or
fewer units(2), 50 sq ft per
unit for 6
units or more (2)
Maximum Height (ft)
General Standard (Projects income
restricted <120% of AMI)
50'(4)
Lower Income Standard (Projects
income restricted <60% of AMI)
60’(3)(4)
Portions of a site within 50 ft of a
residential district (other than an
RM-40 or PC zone) R1, R-2, RMD,
RM-20, or RM-30 zoned property
35'(3)(4) (5)
18.08.030
Daylight Plane for lot lines
abutting a low density residential
district (RE, R1, NV-R1, R2, NV-R2,
RMD)one or more residential
zoning districts
Daylight plane height and
slope shall be identical to
those of the most restrictive
residential zoning district
abutting the lot line
Unless the underlying
zoning district standard is
more permissive, the
daylight plane shall be as
follows:
Initial height: 16 feet,
measured at the property
line
Slope: 45 degrees
Maximum Residential
Density (net)
None Required(3)
Maximum Residential Floor
Area Ratio (FAR) - Residential
Portion of a Project
2.0:1 2.4:1(3)
Maximum Non-Residential
FAR
0.4:1
Maximum Total FAR 2.4:1(3)
Currently, initial height is10 feet adjacent to RM zonesand R1 (side yard). R1 (rearyard) is already measuredat 16 feet. This increaseallows for a second story atthe shared property linewith a low density residentialdistrict only.
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Minimum Vehicle Parking
None, within one-half mile
of a major transit stop or
one-quarter mile of a high-
quality transit corridor.
0.5 per unit, all other
locations.
0.75 per unit
The Director may modify this
standard based on findings
from a parking study that
show fewer spaces are
needed for the project.
The required parking ratio
for special needs housing
units, as defined in Section
51312 of the Health and
Safety Code shall not exceed
0.3 spaces per unit.
Adjustments to the
required ratios shall be
considered per Chapter
18.52 (Parking).
For Commercial Uses, See
Chapters 18.52 and 18.54
(Parking).
TDM Plan
A transportation demand
management (TDM) plan
shall be required pursuant to
Section 18.52.050(d) and
associated administrative
guidelines
18.52.050(d)
Notes:
(1) These developments shall be designed and constructed in compliance with the
objective design standards in Section 18.24 and. Developments that elect to deviate from one
or more objective standards in Chapter 18.24 shall meet the performance criteria, general
standards, and exceptions outlined in Chapter 18.2318.40. Developments that elect to
deviate from one or more objective standards in Chapter 18.24 shall, as well as meet the
context-based design criteria outlined in Section 18.13.060 for residential-only projects and
projects in residential, public facilities, and office, research, and manufacturing zones, Section
18.16.090 for mixed use projects in the CN, CC, and CS districts, and Section 18.18.110 for
mixed use projects in the CD district, provided that more restrictive regulations may be
recommended by the architectural review board and approved by the director of planning
and community environment, pursuant to Section 18.76.020.
(2) Landscape coverage is the total area of the site covered with landscaping as defined in
Chapter 18.04. For the purposes of this Chapter 18.32, areas provided for usable open space
may be counted towards the landscape site coverage requirement. Landscape and open space
areas may be located on or above the ground level, and may include balconies, terraces, and
No parkingrequirementnear transit isconsistentwith SB35,State DensityBonus Lawand AB2097,except thiscode refersto majortransit asdefined above
In otherlocations, ratiois reduced perProgram 3.3B
This deletion is called out for the HIP in Program 3.4 and not the AHIP in Program 3.3, but the sentiment is thesame. Especially since this clause refers to compliance with the (subjective) context-based design criteria.
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rooftop gardens.
(3) Except on R-1 opportunity sites (owned by faith-based institutions) where maximum FAR
of 2.0; maximum residential density of 50 du/ac; and maximum building height of 50 feet
apply, regardless of income level.
(4) Mixed-use projects that include ground-floor retail or retail-like uses shall receive an
additional 5 feet of building height.
(345) Distance shall be measured from the property line of the subject site. The Planning
Director may recommend a waiver from the transitional height standard.
SECTION 4. Section 18.13.040 (Development Standards) of Chapter 18.13 (Multiple Family
Residential (RM-20, RM-30 AND RM-40) Districts) of Title 18 (Zoning) of the Palo Alto Municipal
Code is hereby amended as follows (additions underlined; deletions struck-through; unchanged
text omitted by bracketed ellipses):
18.13.040 Development Standards
(a) Site Specifications, Building Size and Bulk, and Residential Density
The site development regulations in Table 2 shall apply in the multiple-family residence
districts, provided that more restrictive regulations may be recommended by the
Architectural Review Board and approved by the Director of Planning and Development
Services, pursuant to the regulations set forth in Chapter 18.76, and the objective design
standards set forth in Chapter 18.24. Except that s Sites designated as Housing Element
Opportunity Sites shall meet the development standards specified in Chapter Section
18.14.020 and projects utilizing the Housing Incentive Program or Affordable Housing
Incentive Program shall meet the development standards specified in Sections 18.14.030
and 18.14.040, respectively.
[. . .]
SECTION 5. Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood,
Community, and Service Commercial (CN, CC and CS) Districts) of Title 18 (Zoning) of the Palo
Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-
through; unchanged text omitted by bracketed ellipses)::
18.16.060 Development Standards
[. . .]
(b) Mixed Use and Residential
Table 4 specifies the development standards for new residential mixed use developments
and residential developments. These developments shall be designed and constructed in
compliance with the following requirements and the objective design standards in Chapter
Modifiedstandards for R-1 zoned faith based sites
Incentive forretail/mixed use buildings
Cross-referencefor RM Zones
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18.24, except that sites designated as Housing Element Opportunity Sites shall meet the
development standards as modified in Chapter 18.14.020 and projects utilizing the Housing
Incentive Program or Affordable Housing Incentive Program shall meet the development
standards specified in Sections 18.14.030 and 18.14.040, respectively. Non-Housing
Development Projects and Housing Development Projects that elect to deviate from one or
more objective standards in Chapter 18.24 shall meet the context-based design criteria
outlined in Section 18.16.090, provided that more restrictive regulations may be
recommended by the architectural review board and approved by the director of planning
and development services, pursuant to Section 18.76.020.
[. . .]
(c) Exclusively Residential Uses
Exclusively residential uses are generally prohibited in the CN, CS, CC(2) and CC zone districts,
except on housing inventory sites identified in the Housing Element, subject to the standards in
Section 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the
following.
(1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping
(R) combining district or the retail preservation provisions of Section 18.40.180 do not
apply, exclusively residential uses are allowed subject to the standards in
Section 18.16.060(b) and the following additional requirements:
(A) Residential units shall not be permitted on the ground-floor of development
fronting on El Camino Real unless set back a minimum of 15 feet from the property
line or the 12-foot effective sidewalk setback along the El Camino Real frontage,
whichever is greater; for projects on Housing opportunity sites, or those utilizing
the Housing Incentive Program or Affordable Housing Incentive Program, these
setbacks may be modified by the standards in Chapter 18.14. Common areas, such
as lobbies, stoops, community rooms, and work-out spaces with windows and
architectural detail are permitted on the ground-floor El Camino Real frontage.
(B) Parking shall be located behind buildings or below grade, or, if infeasible,
screened by landscaping, low walls, or garage structures with architectural detail.
(C) Combining district use regulations and design and development standards
shall not apply to exclusively residential projects on Housing Element opportunity
sites designated to accommodate lower income households, and may be limited
for sites utilizing the Housing Incentive Program or Affordable Housing Incentive
Program. See Section 18.14.020 Chapter 18.14 for details.
[. . .]
(k) Housing Incentive Program Reserved
(1) The Director may waive the residential floor area ratio (FAR) limit and the maximum
site coverage requirement for a project that is reviewed by the Architectural Review
Board, if the Director finds that the project with such waiver or waivers is consistent with
the required architectural review findings in Section 18.76.020. The Director may only
Cross-referencefor commercial zones
Existing HIP standards arebeing replaced with the code section above
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waive these development standards in the following areas and subject to the following
restrictions:
(A) For an exclusively residential or mixed-use project in the CC(2) zone or on CN
or CS zoned sites on El Camino Real. In no event shall the Director approve a
commercial FAR that exceeds the standard in Table 4 of Section 18.16.060(b) or a
total FAR (including both residential and commercial FAR) in excess of 2.0 in the
CC(2) zone or 1.5 in the CN or CS zone.
(B) For an exclusively residential or mixed-use project on CS zoned sites on San
Antonio Road between Middlefield Road and East Charleston Road. In no event
shall the Director approve a commercial FAR that exceeds the standard in Table 4
of Section 18.16.060(b) or a total FAR (including both residential and commercial
FAR) in excess of 2.0.
(2) The Director may waive any development standard including parking for a project
that is reviewed by the Architectural Review Board, if the Director finds that the project
with such waiver or waivers is consistent with the required architectural review findings
in Section 18.76.020. The Director may only waive these development standards in the
following areas and subject to the following restrictions:
(A) For a 100% affordable housing project in the CC(2) zone or on CN or CS zoned
sites on El Camino Real;
(B) For a 100% affordable housing project on CS zoned sites on San Antonio Road
between Middlefield Road and East Charleston Road.
(C) In no event shall the Director approve development standards more
permissive than the standards applicable to the Affordable Housing (AH)
Combining District in Chapter 18.30(J). A "100% affordable housing project" as
used herein means a multiple-family housing or mixed-use project in which the
residential component consists entirely of affordable units, as defined in Section
16.65.020, available only to households with income levels at or below 120% of
the area median income, as defined in Section 16.65.020, and where the average
household income does not exceed 60% of the area median income level, except
for a building manager's unit.
(3) This program is a local alternative to the state density bonus law, and therefore, a
project utilizing this program shall not be eligible for a density bonus under Chapter 18.15
(Residential Density Bonus).
[. . .]
SECTION 6. Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown
Commercial (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby
amended as follows (additions underlined; deletions struck-through; unchanged text omitted by
bracketed ellipses):
18.18.060 Development Standards
[. . .]
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(b) Mixed Use and Residential
Table 3 specifies the development standards for new residential mixed use developments
and residential developments. Housing Development Projects shall be designed and
constructed in compliance with the following requirements and the objective design
standards in Chapter 18.24, except that sites designated as Housing Element Opportunity
Sites shall meet the development standards as modified in Chapter 18.14.020 and projects
utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet
the development standards specified in Sections 18.14.030 and 18.14.040, respectively.
Non- Housing Development Projects and Housing Development Projects that elect to
deviate from one or more objective standards in Chapter 18.24 shall meet context-based
design criteria outlines in Section 18.18.110, provided that more restrictive regulations may
be recommended by the architectural review board and approved by the director of
planning and development services, pursuant to Section 18.76.020:
[. . .]
(l) Reserved Housing Incentive Program
(1) For an exclusively residential or residential mixed-use project in the CD-C zone, the
Director may waive the residential floor area ratio (FAR) limit after the project with the
proposed waiver is reviewed by the Architectural Review Board, if the Director finds
that the project exceeding the FAR standard is consistent with the required architectural
review findings. In no event shall the Director approve a commercial FAR in excess of 1.0
or a total FAR (including both residential and commercial FAR) in excess of 3.0. Nor shall
the use of transferable development rights under Section 18.18.080 be allowed to cause
the site to exceed a FAR of 3.0.
(2) For a 100% affordable housing project in the CD-C zone, the Director may waive any
development standard including parking after the project with the proposed waiver or
waivers is reviewed by the Architectural Review Board, if the Director finds that a
project with such waiver or waivers is consistent with the required architectural review
findings. In no event shall the Director approve a FAR in excess of 3.0 or approve other
development standards more permissive than the standards applicable to the
Affordable Housing (AH) Combining District in Chapter 18.30(J). A "100% affordable
housing project" as used herein means a multiple-family housing or mixed-use project in
which the residential component consists entirely of affordable units, as defined in
Section 16.65.020 of this code, available only to households with income levels at or
below 120% of the area median income, as defined in Section 16.65.020, and where the
average household income does not exceed 60% of the area median income level,
except for a building manager's unit.
(3) This program is a local alternative to the state density bonus law, and therefore, a
project utilizing this program shall not be eligible for a density bonus under Chapter
18.15 (Residential Density Bonus).
Existing HIP standards arebeing replaced with the code section above
Cross- reference for commercialCD(C) zones
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[. . .]
SECTION 7. Section 18.20.040 (Site Development Standards) of Chapter 18.20 (Office, Research,
and Manufacturing (MOR, ROLM, RP and GM) Districts) of Title 18 (Zoning) of the Palo Alto
Municipal Code is hereby amended as follows (additions underlined; deletions struck-through;
unchanged text omitted by bracketed ellipses):
18.20.040 Site Development Standards
[. . .]
(b) Development Standards for Exclusively Residential Uses
Residential uses shall be permitted in the MOR, RP, RP(5), ROLM, ROLM(E), and GM zoning
districts, subject to the following criteria.
[. . .]
(6) ROLM District. All multi-family development in the ROLM zoning district shall be
permitted subject to the provisions above in 18.20.040(b)(2), approval of a conditional
use permit, and compliance with the development standards prescribed for the RM-30
zoning district, except for sites designated as Housing Element Opportunity Sites or Focus
Areas, which are regulated by Chapter 18.14.020. Sites designated as Housing Element
Opportunity Sites or Focus Areas may also elect to utilize the Housing Incentive Program
or Affordable Housing Incentive Program, in which case they shall meet the development
standards specified in Sections 18.14.030 and 18.14.040, respectively.
(7) GM District. All residential development is prohibited in the GM zoning district,
except for sites designated as Housing Element Opportunity Sites or Focus Areas, which
are regulated by Chapter 18.14.020. Sites designated as Housing Element Opportunity
Sites or Focus Areas may also elect to utilize the Housing Incentive Program or Affordable
Housing Incentive Program, in which case they shall meet the development standards
specified in Sections 18.14.030 and 18.14.040, respectively.
(8) Combining Districts. Combining district use regulations and design and development
standards shall not apply to exclusively residential projects on Housing Element
opportunity sites designated to accommodate lower income households, and may be
limited for sites utilizing the Housing Incentive Program or Affordable Housing Incentive
Program. See Section 18.14.020 Chapter 18.14 for details.
(c) Development Standards for Mixed (Residential and Nonresidential) Uses in the MOR,
ROLM, ROLM(E), RP, and RP(5) Zoning Districts
Mixed (residential and nonresidential) uses shall be permitted in the MOR, ROLM, ROLM(E),
RP, and RP(5) zoning districts, subject to the following criteria:
(1) It is the intent of these provisions that a compatible transition be provided from
lower density residential zones to higher density residential, non-residential, or mixed use
zones. The Village Residential development type should be evaluated for use in transition
Cross- reference for commercialoffice and research zones
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areas and will provide the greatest flexibility to provide a mix of residence types
compatible with adjacent neighborhoods.
(2) New sensitive receptor land uses shall not be permitted within 300 feet of a
Hazardous Materials Tier 2 or Tier 3 use. Existing sensitive receptors shall be permitted to
remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and
Noncomplying Facilities).
(3) ROLM(E) District. Mixed (residential and nonresidential) development in the ROLM(E)
zoning district shall be permitted, subject to the provisions above in 18.20.040(c)(2),
approval of a conditional use permit, determination that the nonresidential use is
allowable in the district and that the residential component of the development complies
with the development standards prescribed for the RM-20 zoning district. The maximum
floor area ratio (FAR) for mixed use development is 0.3 to 1.
(4) ROLM District. Mixed (residential and nonresidential) development in the ROLM
zoning district shall be permitted, subject to the provisions above in 18.20.040(c)(2),
approval of a conditional use permit, determination that the nonresidential use is
allowable in the district and that the residential component of the development complies
with the development standards prescribed for the RM-30 zoning district. The maximum
floor area ratio (FAR) for mixed use development is 0.4 to 1. Except that s Sites designated
as Housing Element Opportunity Sites or Focus Areas shall meet the development
standards specified in Chapter 18.14.020 and projects utilizing the Housing Incentive
Program or Affordable Housing Incentive Program shall meet the development standards
specified in Sections 18.14.030 and 18.14.040, respectively.
(5) GM District. Mixed use (residential and nonresidential) development is prohibited in
the GM zoning district, except for sites designated as Housing Element Opportunity Sites
or Focus Areas, which are regulated by Chapter 18.14.020. Sites designated as Housing
Element Opportunity Sites or Focus Areas may also elect to utilize the Housing Incentive
Program or Affordable Housing Incentive Program, in which case they shall meet the
development standards specified in Sections 18.14.030 and 18.14.040, respectively.
In computing residential densities for mixed (residential and nonresidential) uses, the density
calculation for the residential use shall be based on the entire site, including the
nonresidential portion of the site.
[. . .]
SECTION 8. Chapter 18.32 (Affordable Housing Incentive Program) of Title 18 (Zoning) of the Palo
Alto Municipal Code is deleted in its entirety.
SECTION 9. Section 18.40.180 (Retail Preservation) of Chapter 18.40 (General Standards and
Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows
(additions underlined; and unchanged text omitted by bracketed ellipses):
18.40.180 Retail Preservation
[. . .]
Item 9
Attachment A -
Amendments to Title 18
to Implement Housing
Element Programs 3.3
and 3.4
Item 9: Staff Report Pg. 30 Packet Pg. 168 of 240
19
(c) Waivers and Adjustments; and Exemptions.
[. . .]
(4) Exemptions. The following uses shall be exempt or partially exempt from the
provisions of this Section 18.40.180, as provided below:
(A) A 100% affordable housing project not within the Ground Floor (GF) and/or
Retail (R) combining districts nor El Camino Real Node area as depicted in Figure
5on a site abutting El Camino Real. A "100% affordable housing project" as used
herein shall have the same meaning as provided in Section 18.14.040(c).means a
multiple-family housing project consisting entirely of affordable units, as defined
in Section 16.65.020 of this code, available only to households with income
levels at or below 120% of the area median income, as defined in Chapter 16.65,
except for a building manager's unit.
(B) A 100% affordable housing project on a site abutting El Camino Real in the CN
and CS zone districts outside the Retail (R) combining district. A "100%
affordable housing project" as used herein means a multiple-family housing
project consisting entirely of affordable units, as defined in Section 16.65.020 of
this code, available only to households with income levels at or below 120% of
the area median income, as defined in Chapter 16.65, and where the average
household income does not exceed 80% of the area median income level, except
for a building manager's unit.
(B) A residential project located on a Housing Element Opportunity Site listed in
Appendix D of the Housing Element, except for projects located within an El
Camino Real Node area, as depicted in Figure 5, that utilize the Housing
Incentive Program to exceed the realistic capacity estimates identified in
Appendix D of the Housing Element.
(C) A high-density residential or mixed-use project in the CS zone district, but not
within the Ground Floor (GF) or Retail (R) combining districts, shall be required
to replace only up to 1,500 square feet of an existing retail or retail-like use and
shall be exempt from minimum vehicle parking requirements pursuant to
Chapter 18.52 (Table 1) for this retail or retail-like floor area. For the purposes of
this partial exemption, high-density shall mean 30 or more dwelling units per
acre. This reduction in retail square footage and minimum vehicle parking
requirements shall not apply for a site within the Ground Floor (GF) or Retail (R)
combining districts, or within an El Camino Real Retail Node area, unless the site
is a Housing Element opportunity site, as depicted in Figure 5
(D) The Director shall maintain and update the El Camino Real Node map in Figure 5.
Figure 5: El Camino Real Retail Node Areas
Narrowsexemption from RPO to exclude El Camino sites outside of the retail nodes perProgram 3.4C
Standardize100% affordablehousing definition
Remove redundancygiven changes above
Added exemption from RPOfor Opportunity Sites perProgram 3.4C. None of theHousing Sites are on (GF)or (R) designated sites, sono exemption required,but there are Opportunity Siteswithin these nodes on ElCamino. Opportunitysites are allowed to develop as 100% housing, so this codeonly requires retail above the base realistic capacity listed in the Housing Element.
Add exemptionper Program3.4C and offerincentives tosupport flexibilityin ground flooruses and program
Item 9
Attachment A -
Amendments to Title 18
to Implement Housing
Element Programs 3.3
and 3.4
Item 9: Staff Report Pg. 31 Packet Pg. 169 of 240
20
SECTION 10. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 11. In accordance with the California Environmental Quality Act (CEQA), the City
prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR),
analyzing the potential environmental impacts of the 2023-2031 Housing Element. On May 8,
2023, the City Council adopted Resolution No. 10107, and on December 18, 2023, the City
Council approved a Revised Addendum, finding that the Addendum, as revised, and the 2017
EIR adequately analyzed the environmental impacts of the Housing Element, including the
Programs implemented by this ordinance.
SECTION 12. This Ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCE
Item 9
Attachment A -
Amendments to Title 18
to Implement Housing
Element Programs 3.3
and 3.4
Item 9: Staff Report Pg. 32 Packet Pg. 170 of 240
21
D: PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIO
NS: ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Assistant City Attorney City Manager
Director of Planning and
Development Services
Item 9
Attachment A -
Amendments to Title 18
to Implement Housing
Element Programs 3.3
and 3.4
Item 9: Staff Report Pg. 33 Packet Pg. 171 of 240
GM
ROLM
RM-30 (D)
RM-30
RM-30
RM-20
CS
RM-20
RM-20
RM-30
NV-R4
NV-MXM
NV-R3
RM-30
CD-C (P)
RM-20
RM-40
RM-40
RM-30
RM-30
RM-30
RM-40
RM-20
RM-30
RM-20
NV-MXH
RM-30
RM-20
RM-20
RM-30
NV-PF
RM-20RM-40
RM-20
RM-20
RMD (NP)
RM-30
RM-20
NV-MXH
RM-30
RM-20
R-2
RM-30
RM-40
RM-20
RM-30
RM-30
RM-30
RM-20
NV-MXM RM-30
RM-30
RM-40
RM-30
RM-40
RM-40
RM-30
RM-40
RM-20
RM-30RM-20
RM-30
RM-30
RM-30
RM-20
NV-MXL
RM-30
RM-20
RM-30
RM-30
CC (2)(R)
RM-20
Middlefield RoadCowper Street
Waverley Street
Alma Street
El Camino Real
Louis Road
Hy 101 South
Ross Road
Hy 101 North
Webster Street
Bryant Street
Channing Avenue
East Bayshore Road
Sand Hill Road
Hamilton Avenue
Page Mill Road
Lincoln Avenue
San Antonio Road
University Avenue
Newell Road
Oregon Expressway
Seale Avenue
South Court
High Street
Charleston Road
Park Boulevard
East Meadow Drive
Stanford Avenue
Colorado Avenue
West Bayshore Road
Foothill Expressway
Hanover Street
Miranda Avenue
Arastradero Road
Fabian Way
Greer Road
Ramona Street
Edgewood Drive
Loma Verde Avenue
Churchill Avenue
Matadero Avenue
Center Drive
Los Robles Avenue
California Avenue
Barron Avenue
Welch Road
Kingsley Avenue
Maybell Avenue
Wilkie Way
Hansen Way
Coleridge Avenue Byron Street
Ely Place
Oregon Avenue
Marion Avenue
North California Avenue
Emerson Street
Pitman Avenue
Laguna Avenue
Grove Avenue
Ferne Avenue
Porter Drive
Chimalus Drive
College Avenue
Amherst Street
Seneca Street
Lane 66Bowdoin Street
Stockton Place
Harker Avenue
Embarcadero Road
Ames Avenue
El Dorado Avenue
La Para Avenue
Clark Way
Birch Street
Clara Drive
Coyote Hill Road
Columbia Street
Georgia Avenue
Hillview Avenue
Rhodes Drive
La Donna Street
Parkinson Avenue
Kipling Street
Pasteur Drive
Heather Lane
Kellogg Avenue
Alger Drive
Florales Drive
Forest Avenue
Greenwood Avenue
Nathan Way
Urban Lane
Harvard Street
Iris Way
Hopkins Avenue
Dana Avenue
Fife Avenue
Fulton Street
Sutherland Drive
(none)
Marshall Drive
Geng Road
Orme Street
Parkside Drive
Walnut Drive
Maddux Drive
Wildwood Lane
Elsinore Drive
Moreno Avenue
Arbutus Avenue
Shopping Center Way
Walter Hays Drive
Jackson Drive
Kenneth Drive
Patricia Lane
Cereza Drive
Towle Way
Guinda Street
Transport Street
Bruce Drive
Faber Place
Los Palos Avenue
Laguna Way
West Meadow Drive
Janice Way
Bibbits Drive
Warren Way
Mayview Avenue
Rorke Way Evergreen Drive
Stelling Drive
Military Way
Ashton Avenue
Jefferson Drive
Santa Rita Avenue
Addison Avenue
Rinconada Avenue
Encina Avenue
Silva Avenue
Escobita Avenue
Quarry Road
Bryson Avenue
Fabian Street
Nevada Avenue
Southwood Drive
Lane 33
Lupine Avenue
Poe Street
Suzanne Drive
Sycamore Drive
Manzana Lane
Elwell Court
Ruthelma Avenue
Maclane
Wells Avenue
Tasso Street
Lane D East
Lytton Avenue
Lane 7 West
Mark Twain Street
Maple Street
Lane D West
Melville Avenue
Palm Street
Tioga Court
Peral Lane
Shasta Drive
Diablo Court
Saint Francis Drive
Melville Avenue
Park Boulevard
Dana Avenue
Oregon Avenue
Colorado Avenue
Page Mill Road
Emerson Street
Guinda Street
Tasso Street
Byron Street
Byron Street
Oregon Avenue
Bryant Street
North California Avenue
San Antonio Road
Georgia Avenue
High Street
Mountain ViewStanford University
Menlo Park
Atherton
East Palo Alto
Los AltosPortola Valley
Los Altos Hills
Stanford
Menlo Park
Mountain View
Los AltosLos Altos Hills
Atherton
Portola Valley
Cupertino
Stanford University
Redwood City
East Palo Alto
Sunnyvale
Woodside
Housing Incentive Program Parcels - ExistingHousing Incentive Program Parcels - ProposedHousing Inventory Sites 7/8/2024
NVCAP
Zoning
£¤101
Item 9
Attachment B - HIP and AHIP
Applicability Map
Item 9: Staff Report Pg. 34 Packet Pg. 172 of 240
5-15
Time Frame: Complete and implement studies by September 2024. Complete
additional study by 2025. Amend fee schedule by September 2026.
Primary Associated
Goals and Policies
Goals: 3, 4
Policies: 3.1, 4.1
PROGRAM 3.2: MONITOR CONSTRAINTS TO HOUSING
The Constraints chapter of the Housing Element identifies several conditions and practices that act to
constrain housing development. By addressing these conditions and practices, the City can streamline
development processes, and promote future residential development. The City will continue to monitor
its policies, standards, and regulations to ensure the City’s regulatory framework facilitates residential
and balanced mixed-use development in the community.
Responsible Agency: Planning and Development Services
Funding Sources(s): General Fund
Implementing
Objectives:
A. Monitor new local policy initiatives for effectiveness in combatting
identified constraints to housing development.
B. When new land use regulations, impact fees or procedural changes are
being considered by the Planning and Transportation Commission and City
Council, the City shall prepare an analysis in the accompanying staff report
detailing how the regulation may impact housing production, if at all, and
recommended solutions to address those impacts.
C. Monitor application of the Municipal Code standards for constraints to
housing projects and recommend changes annually, as appropriate, to
enhance the feasibility of affordable housing.
Time Frame: Complete review and implementation of required edits once
during the planning period, by January 2027.
Primary Associated
Goals and Policies:
Goals: 2, 4
Policies: 2.1, 2.3, 4.2
PROGRAM 3.3: AFFORDABLE HOUSING DEVELOPMENT INCENTIVES
The Planning and Development Services Department, in its review of development applications, market
conditions and through conversations with non-profit housing providers, has identified certain changes in
development standards that will encourage the development of low- and moderate-income housing. The
City has already adopted an affordable housing incentive program (AHIP) that includes flexible
development standards, streamlined application review processes, direct financial assistance and other
incentives to encourage affordable housing. These initiatives will be extended through this Program to
reduce constraints and expand the opportunity for below-market rate housing.
Responsible Agency: Planning and Development Services
Funding Sources(s): General Fund
Implementing Objectives: A. Amend the municipal code to extend the affordable housing incentive
program to apply to all housing opportunity sites identified in the
Housing Element and zoned for commercial, industrial or multi-family
Item 9
Attachment C - Excerpt
from 2023-2031 Adopted
Housing Element Program
Item 9: Staff Report Pg. 35 Packet Pg. 173 of 240
5-16
residential use. Update AHIP regulations for religious institution sites
located in the R1 district with a reduced density provision.
B. Amend the affordable housing overlay (incentive program) regulations
to allow housing projects to achieve a residential floor area ratio of
2.4:1.0 without requiring commercial floor area (except where required
on University and California Avenues). The City will modify AHIP
development and parking standards commensurate with FAR increases,
and, for housing projects income restricted to 60 percent of the area
median income level or below, allow up to sixty (60) feet in height on all
opportunity sites.
C. Amend Zoning Code to incorporate all recent changes to State density
bonus law and develop summary materials to promote the use of
density bonuses.
Time Frame: Complete zoning changes by December 31, 2024
Quantified Objective: Amend the zoning code and comprehensive plan as
necessary to extend the provision of affordable housing incentive program
to sites in the housing inventory and codify additional incentives described
herein.
D. Amend the PAMC to streamline all 100 percent affordable housing
development projects. Implement a procedure that prioritizes
affordable housing projects for staff resources and, if applicable,
hearing dates, above other projects, regardless of submission date.
Time Frame: Complete by December 2024.
Quantified Objective: The timeframes associated with permit processing
can be viewed as a constraint to affordable development. The City aims to
complete the processing of planning entitlements for affordable housing
projects exempt from environmental review within 90 days from application
submittal.
Primary Associated Goals
and Policies:
Goal: 2, 3, 4
Policies: 2.1, 2.2, 2.3, 3.2, 4.2
PROGRAM 3.4: HOUSING INCENTIVE PROGRAM (HIP)
The HIP was enacted in 2019 as an alternative to the State Density Bonus law and provides development
incentives including no housing density restrictions, increased floor area ratios and increased lot coverage.
This program seeks to expand the suite of development incentives and extends the program to additional
zoning districts that are not identified in the Site Inventory.
Responsible Agency: Planning and Development Services
Funding Sources(s): General Fund
Implementing Objectives: A. HIP qualifying projects that also comply with City approved objective
standards shall be administratively reviewed with one courtesy meeting
before the Architectural Review Board.
Time Frame: Revise review process instructions by December 2024.
Item 9
Attachment C - Excerpt
from 2023-2031 Adopted
Housing Element Program
Item 9: Staff Report Pg. 36 Packet Pg. 174 of 240
5-17
Quantified Objective: Monitor projects for compliance with desired review
schedule, track application processing timelines and number of applications
appealed to Council; use data to inform future modifications to the HIP
program.
B. Amend the local Housing Incentive Program to include specific
expanded development standards, as an alternative to state density
bonus provisions. Reduce barriers by removing Planning Director
discretion to define applicable standards in each instance.
C. Allow for sites subject to the City’s retail preservation ordinance –
except in the ground floor (GF) and retail (R) combining districts and
strategic locations generally depicted in the draft South El Camino Real
Design Guidelines – to have a reduction in the amount of retail
replacement floor area needed for redevelopment and waive the retail
preservation requirement for identified housing opportunity sites.
D. Extend the local Housing Incentive Program to the multi-family
residential districts (RM-20, RM-30, and R-40).as well as the ROLM and
GM district focus area The Housing Incentive Program development
standards shall be amended to increase height and floor area allowances
for housing projects; reduce parking requirements to match or improve
upon state density bonus, and adjustment to other development
standards to enable greater housing production.
Time Frame: Complete Municipal Code amendments by December 31, 2024.
Quantified Objective: Amend the municipal code and comprehensive plan
to codify implementing objective with the goal of encouraging the
development of approximately 550 units over the planning period.
E. Expand the geographic boundaries of the El Camino Real Focus Area
(adopted in 2023) to incentivize housing production at appropriate
locations. Increase building height and floor area ratios and apply other
objective standards, such as transitional height restrictions, to address
single family zoning district adjacencies. The proposed standards will be
an alternative to the state density bonus.
Time Frame: Complete municipal code amendments by June 30, 2025.
Quantified Objective: Amend municipal code with the goal of encouraging
development of approximately 500 units over the planning period.
Primary Associated Goals
and Policies:
Goal: 2, 3, 4
Policies: 2.2, 3.1, 3.2, 4.2, 4.4
PROGRAM 3.5: ACCESSORY DWELLING UNIT (ADU) FACILITATION
This program aims to annually monitor provisions made to ADU legislation and amend the City’s Zoning
Ordinance as necessary to ensure compliance with State law. Furthermore, the City is committed to
encouraging a greater range of housing types, reducing barriers to alternative types of housing such as
ADUs, and promoting income integration across the City.
In recent years, multiple bills have added requirements for local governments related to ADU ordinances.
The 2016 and 2017 updates to State law included changes pertaining to the allowed size of ADUs,
Item 9
Attachment C - Excerpt
from 2023-2031 Adopted
Housing Element Program
Item 9: Staff Report Pg. 37 Packet Pg. 175 of 240
Housing Incentive Program (HIP) Amendments to Implement the
6th Cycle Housing Element
Physical Feasibility Analysis Report
Revision Date: January 9, 2025
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 38 Packet Pg. 176 of 240
Physical Feasibility Analysis Report 1
Overview
This report helps implement Program 3.4 of the Housing Element, which requires that the City amend the Housing Incentive Program based on findings of a feasibility analysis. This report
analyzes the physical feasibility of current zoning standards to achieve different housing types (e.g., townhomes, apartments).
Architects prepared prototypical site and
unit plans based on the City’s development standards, including building height, density, setbacks, open space, and parking requirements. Then, the architects adjusted various zoning levers, modifying zoning
standards to increase unit yield and further support housing production and affordability.
This analysis is accompanied by Keyser
Marston Associates’ (KMA) financial feasibility
analysis to determine whether the prototypes resulting from existing and modified zoning standards are financially feasible.
Purpose & Findings
50’-0”
14’-0”
25’-0”
36’-0”
40’-0”
50’-0”
40’-0”Height Limit Buffer
Modified CD-C ZoningExisting CD-C Zoning
60’-0” 60’-0”
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 39 Packet Pg. 177 of 240
City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element2
Mixed-Use Zones RM Zones
Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30)
Site 635 High
Street
3700 El Camino
Real
310 California
Avenue
680 University
Avenue
355 College
Avenue
Typical Interior
Lot
1035 E Meadow
Circle
Lot Size 50’x102’150’x106’90’x125’100’x100’50’x132’50’x100’300’x145’
Square feet 5,125 15,761 11,250 10,000 6,626 5,000 43,560
Existing
Retail
No Yes Yes No No No No
Test Sites
RM-20
CD-C
RM-30
ROLM
CN
RM-40
CC(2)
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 40 Packet Pg. 178 of 240
Physical Feasibility Analysis Report 3
Key Findings
Existing zoning standards generally support townhome development with surface or tuck-under parking. This is largely due to low lot coverage allowances and densities/FARs,
deep setbacks, and relatively high parking and landscaping requirements. Townhomes are a fine prototype, but limited in their ability to produce affordable and market rate housing. Existing standards generally do not support
apartments and condominiums in “stacked flats” configuration or mixed-use development with ground-floor retail.
To achieve these higher densities,
opportunities for more affordable housing, and
more financially feasible development, the modified zoning standards explore adjustments to several zoning levers:
• Reducing setbacks, especially on the street
side• Increasing lot coverage, FAR, and density• Increasing height limits and adjusting daylight plane requirements
• Reducing landscaping coverage and
allowing flexibility in the placement of common open space• Reducing parking requirements, consistent with State law allowances
• Reducing ground-floor retail requirements
outside of neighborhood commercial centers
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 41 Packet Pg. 179 of 240
City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element4
Retail Preservation
Requirements Revisions
•Revise use requirements for retail•Do not require one-for-one replacement:allow minimum FAR standard for retail
•Revise Retail preservation applicability
•Only require retail at key nodes. Allow100% residential in between nodes oncommercial corridors, and HousingElement opportunity sites
•Clarify that Retail Preservation replacement
is allowed on two floors
Objectives
•Support affordable and market rate
housing production goals, as specified inthe Housing Element•Allow for apartment housing formats•Accommodate stacked flats and mixed-use
development
•Enable financial feasibility•Retain Palo Alto design values
50’-0”
14’-0”
25’-0”
36’-0”
40’-0”60’-0”Redefine maximum height
of buildings to measure to
top of structure, rather
than top of parapet to
allow a more reasonable
fit within the height limit.
Decrease parking
requirements, consistent
with State law
allowances: The space
taken up by parking
compared to housing can
be close to 1:1.
✓X
2-Bedroom Unit
828 sf
3 parking spaces
plus drive aisle
= 837 sf12’-0’ Circulation(aisle width)
19’ x 9’
Parking Space
Guest Parking
23’ x 36’
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 42 Packet Pg. 180 of 240
Physical Feasibility Analysis Report 5
Ground Floor
Upper Level
Development Standard
Revisions
• Increase or eliminate maximum residential densities, which do not directly affect building massing
• Increase FAR and building height
• Revise the Daylight Plane to allow for at least two stories of development• Revise height buffer in CD-C district: 150 feet is too far from “adjacent” residential to
create a meaningful transition
• Revise Height Limit Buffer to apply only when the entire site is within the buffer• Revise Height Limit Buffer to apply to area within 10 feet of a visible property line
(thus defining a setback)
Lot Standard Revisions
• Decrease landscape/open space
coverage. The Ground Floor is a contested
space. The more Landscape/Open Space is required, the smaller the podium. It’s a big trade-off.• Allow landscape/open space to be
counted above the ground floor on small
sites (e.g, at the podium level)• Reduce setbacks, especially on the street side which tend to be deep even though this does not affect neighbors.
• Allow zero setbacks or mixed-use citywide
or on commercial streets like California Avenue, University Avenue, and El Camino Real• Reduce rear setback near roads. Count
the alleyways/lanes/service roads in lieu of
rear setback
Revise the daylight plane
to allow at least two
stories at the edges of
sites.
Allow the landscape/open
space requirement to be
met on upper levels to
free up contested space
at the ground level.
Ground Floor
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 43 Packet Pg. 181 of 240
City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element6
CD-C District
Alle
y
50’
-
0
”
102’-6
”
Alle
y
Prim
a
r
y
S
t
r
e
e
t
Modified CD-C Zoning
15 Apartments
Existing CD-C Zoning
4 Townhomes
The Height Limit Buffer and requirement for open space at the ground floor limit the amount of housing potential on the site.
Housing capacity almost quadruples when allowing 10 more feet of height, eliminating the height buffer, and open space requirements to met on top of podiums.
Prim
a
r
y
S
t
r
e
e
t
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 44 Packet Pg. 182 of 240
Physical Feasibility Analysis Report 7
Existing CD-C Zoning Modified CD-C Zoning
Setback: Front N/A N/A
Setback: Interior Side N/A N/A
Setback: Rear 10 feet for residential portion 5 feet for residential portion
Setback: Street Side Yard N/A N/A
Build-to-Lines: Frontage N/A N/A
Build-to-Lines: Side Street N/A N/A
Height Limit Buffer Yes (40 feet)No
Height Limit 50 feet 60 feet
Daylight Plane N/A N/A
Maximum Site Coverage N/A N/A
Minimum Landscape/Open Space Coverage 20% on ground 20% on ground and/or upper level
Parking: Studio/1BR 1 1
Parking: 2+ BR 2 1.5
Maximum FAR Overall 2.0 4.0
Maximum Residential FAR 1.0 4.0
Maximum Commercial FAR 1.0 0.0
Parking Required 2 per unit8 spaces 1.5 per unit17.5 spaces
Total Number of Units 4 units 15 units
Average Unit Size 1,575 sf 1,003 sf
Density 34 du/ac 127 du/ac
FAR Overall 1.23 FAR 4.07 FAR
Parking Provided (spaces)8 spaces 18 spaces
Parking Type Covered, tandem Podium, tandem
50’-0”
14’-0”
25’-0”
36’-0”
40’-0”
60’-0”
50’-0”
40’-0”Height Limit Buffer
Modified CD-C ZoningExisting CD-C Zoning
PR
O
T
O
T
Y
P
E
R
E
S
U
L
T
S
STA
N
D
A
R
D
S
Modified standards indicated in red.
60’-0” Height Limit
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 45 Packet Pg. 183 of 240
City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element8
Retail
l/wk
l/wk
l/wk
l/wktrash
Retail
Open
S
p
a
c
e
Ramp
150’-0
”
106
’
CN District
Existing CN Zoning
16 Apartments
A height limit buffer, maximum height limit, and daylight plane apply to this site. With a 35% minimum landscape/open space coverage, there is not much left space left for mixed use development. Underground parking is therefore required.
Modi ied CN Zoning
33 Apartments
More housing is possible by raising the height limit, allowing modest changes to the setbacks, and allowing the landscape/open space to be located on upper levels. Parking is accommodated at grade using mechanical lifts.
Prima
r
y
S
t
r
e
e
t
Prima
r
y
S
t
r
e
e
t
Alley
Alley
Side
S
t
r
e
e
t
Ramp
Side
S
t
r
e
e
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Item 9
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Physical Feasibility Analysis Report 9
Existing CN Zoning Modified CN Zoning
Setback: Front 0-10’ for sidewalks 0-10’ for sidewalks
Setback: Interior Side 10 feet 5 feet
Setback: Rear 10’ for residential portion 5’ for residential portion
Setback: Street Side Yard 5 feet 5 feet
Build-to-Lines: Frontage 50%50%
Build-to-Lines: Side Street 33%33%
Height Limit Buffer Yes (35 feet)Daylight plane in-lieu of buffer
Height 40 feet 50 feet
Daylight Plane 16 feet height, 60 degrees 16 feet height, 60 degrees
Maximum Site Coverage 50%100%
Minimum Landscape/Open Space Coverage 35% on ground 35% on ground and/or upper level
Parking: Studio/1BR 1 1
Parking: 2+ BR 2 1.5
Maximum FAR Overall 1.5 FAR 3.5 FAR
Maximum Residential FAR 1.5 FAR 3.5 FAR
Maximum Commercial FAR 0.4 FAR 0.4 FAR
Minimum Mixed-Use Ground Floor Commercial FAR 0.15 FAR 0 FAR
Parking Required 34 spaces 42 spaces
Total Number of Units 16 units 33 units
Average Unit Size 735 sf 742 sf
Retail Preservation 2900 sf 0 sf
Density 44 du/ac 91 du/ac
FAR Overall 1.22 FAR 2.57 FAR
Parking Provided 35 total spaces 46 spaces
Parking Type Underground, tandem Podium, mechanical
16’-0”6020’-0”
30’-0”
50’-0”
40’-0”
Modified CN Zoning
16’-0”60
35’-0”
20’-0”
30’-0”
35’-0”
Existing CN Zoning
35’-0” Height
Limit Buffer 16’-0”16’-0”60°
40’ Height Limit
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Attachment D - Physical
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Item 9: Staff Report Pg. 47 Packet Pg. 185 of 240
City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element10
CC(2) District
Existing CC(2) Zoning
3 Townhomes
Building height, setbacks, lot coverage, parking requirements, and FAR maximums apply to this site. Two levels of underground parking is required to meet minimum parking standards, which is costly. Existing residential FAR limits and setbacks limit the housing to 3-stories and to only 3 units.
Modified CC(2) Zoning
34 Apartments
More housing is possible by raising the height limit, eliminating setbacks, allowing the landscape/open space to be located on upper levels and increasing the FAR. Retail parking is not provided onsite but in district commercial parking structures. Residential parking is provided onsite in mechanical lifts.
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Physical Feasibility Analysis Report 11
Existing CC(2) Zoning Modified CC(2) Zoning
Setback: Front 0-10’ for sidewalks 0 feet
Setback: Interior Side 10 feet 0 feet
Setback: Rear 10’ for residential portion 0 feet
Setback: Street Side Yard 5 feet 0 feet
Build-to-Lines: Frontage 50%50%
Build-to-Lines: Side Street 33%33%
Height Limit Buffer Not Applicable Not Applicable
Height 37 feet 60 feet
Daylight Plane Not Applicable Not Applicable
Maximum Site Coverage 100%100%
Minimum Landscape/Open Space
Coverage
20% on ground
(23% shown)
20% (on any level)
Parking: Studio/1BR 1 0.5
Parking: 2+ BR 2 1.0
Parking: Retail 1 per 250 sfFirst 1,500sf exempt 0offsite with district parking
Maximum FAR Overall 2.0 FAR 3.5 FAR
Maximum Residential FAR 1.5 FAR 3.5 FAR
Maximum Commercial FAR 0.4 FAR 0.4 FAR
Minimum Mixed-Use Ground Floor Commercial FAR 0.25 FAR 0.25 FAR
Total Number of Units 3 units (tuck under parking)34 units
Average Unit Size 1,800 sf 902 sf
Retail Preservation 10,700 2,812 sf
Density 11 du/ac 132 du/ac
FAR Overall 1.43 FAR 3.81 FAR
Residential FAR 0.47 FAR 3.56 FAR
Commercial FAR 0.96 FAR 0.25 FAR
Parking Provided 38 commercial spaces 27 residential spaces
Parking Type 2 levels underground Podium, mechanical
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37’ Height Limit
Existing CC(2) Zoning Modified CC(2) Zoning
60’-0” Height Limit
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Feasibility Analysis Report
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City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element12
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RM-20 District
Existing RM-20 Zoning
4 Apartments
The daylight plane, height limit, setbacks, and maximum site coverage limit unit yield on this site.
Modified RM-20 Zoning
7 Apartments
Adjustements to zoning allow the development envelope to be more flexible and doubles the amount of housing possible on the site.
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Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 50 Packet Pg. 188 of 240
Physical Feasibility Analysis Report 13
Existing RM-20 Zoning Modified RM-20 Zoning
Setback: Front 20 feet 10 feet
Setback: Interior Side 10, 6 feet 5 feet
Setback: Rear 10 feet 5 feet
Setback: Street Side Yard 16 feet 5 feet
Build-to-Lines: Frontage N/A N/A
Build-to-Lines: Side Street N/A N/A
Height Limit Buffer N/A N/A
Height 30 feet 40 feet
Daylight Plane 10 feet, 45 degrees 2 story residential edges or 16 feet, 45 degrees
Maximum Site Coverage 35%65%
Minimum Landscape/Open Space
Coverage
35% on ground 35% on ground and/or
upper level
Parking: Studio/1BR 1 1
Parking: 2+ BR 2 1.5
Maximum Density 20 du/ac No maximum
Maximum FAR Overall 1.0 FAR 2.0 FAR
Parking Required 8 spaces 10.5 spaces
Total Number of Units 4 units 7 units
Average Unit Size 2,500 sf 2,341 sf
Density 18 du/ac 32 du/ac
FAR Overall 1.0 FAR 1.21 FAR
Parking Provided (spaces)8 spaces 11 spaces
Parking Type Tuck under Tuck under
10’-0”10’-0”
30’-0” Height Limit 30’-0” Height Limit
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Modified RM-20 ZoningExisting RM-20 Zoning
30’-0” Height Limit
10’-0”
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40’-0” Height Limit
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City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element14
RM-30 District
Existing RM-30 Zoning
4 Apartments
The daylight plane and maximum site coverage limits development to the extent that the prototype does not reach the limits of the building envelope.
Modified RM-30 Zoning
7 Apartments
Modification of the daylight plane and the maximum site coverage allows for development to fill the building envelope while still maintaining the daylight plane.
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Physical Feasibility Analysis Report 15
16’-0”45
40’-0” Height Limit
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35’-0” Height Limit
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Existing RM-30 Zoning Modified RM-30 Zoning
Setback: Front 20 feet 10 feet
Setback: Interior Side 10, 6 feet 5 feet
Setback: Rear 10 feet 5 feet
Setback: Street Side Yard 16 feet 5 feet
Build-to-Lines: Frontage N/A N/A
Build-to-Lines: Side Street N/A N/A
Height Limit Buffer N/A N/A
Height 35 feet 40 feet
Daylight Plane 10 feet, 45 degrees 2 story residential edges or 16 feet, 45 degrees
Maximum Site Coverage 40%65%
Minimum Landscape/Open Space
Coverage
30%30%
Parking: Studio/1BR 1 1
Parking: 2+ BR 2 1.5
Maximum Density 30 du/ac No maximum
Maximum FAR Overall 1.0 FAR 2.5 FAR
Parking Required 8 spaces 10.5 spaces
Total Number of Units 4 7
Average Unit Size 1,650 sf 1,457 sf
Density 27 du/ac 47 du/ac
FAR Overall 1.0 FAR 1.62 FAR
Parking Provided 8 spaces 11 spaces
Parking Type Tuck under, driveway Tuck under, tandem
Modified RM-30 ZoningExisting RM-30 Zoning
35’-0”
10’-0”16’-0”
45°45°
Daylight
Plane
Daylight
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Modified standards indicated in red.
40’-0” Height Limit
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Feasibility Analysis Report
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City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element16
RM-40 District
Existing RM-40 Zoning
4 Townhomes
The setbacks and daylight plane on this small (and typical) site limit the shape of the building reducing the amount of housing possible on the site. The daylight plane rules prevent a
development from meeting the district height
limit. This site test assumes no parking.
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Existing RM-40 Zoning - No Parking
8 Apartments
To better understand the maximum development possible within this limited building envelopment, the site test was run again without parking requirements.
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Physical Feasibility Analysis Report 17
Modified RM-40 Zoning - 10,000sf site
21 Apartments
The width of two typical lots allows the layout of podium parking to be more efficient. Parking was also modified to 1 space per unit minimum. The number of units is still limited by the
modified parking required, resulting in three
stories over podium parking.
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Modified RM-40 Zoning
16 Apartments
Revising setbacks to be more uniform with other zoning districts and removing the daylight plane allows a regularly shaped building and more capacity of housing. This allows for four
stories of housing on top of the podium if
only the building envelope was considered, excluding limits on FAR, density, or parking.
Item 9
Attachment D - Physical
Feasibility Analysis Report
Item 9: Staff Report Pg. 55 Packet Pg. 193 of 240
City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element18
Existing RM-40 Zoning Existing RM-40 Zoning
Setback: Front 20 feet 20 feet
Setback: Interior Side 10, 6 feet 10, 6 feet
Setback: Rear 10 feet 10 feet
Setback: Street Side Yard 16 feet 16 feet
Build-to-Lines: Frontage N/A N/A
Build-to-Lines: Side Street N/A N/A
Height Limit Buffer N/A N/A
Height 40 feet 40 feet
Daylight Plane 10 feet, 45 degrees 10 feet, 45 degrees
Maximum Site Coverage 45%45%
Minimum Landscape/Open Space
Coverage
30%30%
Parking: Studio/1BR 1 0
Parking: 2+ BR 2 0
Maximum Density 40 du/ac No maximum
Maximum FAR Overall 1.0 FAR 1.0 FAR
Parking Required 7 spaces 0 spaces
Total Number of Units 4 units 8 units
Average Unit Size 1,009 sf 644 sf
Density 34 du/ac 67 du/ac
FAR Overall 0.88 FAR 1.0 FAR
Parking Provided 7 spaces 0 spaces
Parking Type Podium N/A
50’-0” Height Limit
35’-0” Height @ intersection of the daylight planes
10’-0”
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35’-0” Height @ intersection of the daylight planes
10’-0”
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40’-0” Height Limit 40’-0” Height Limit
35’-0” Intersection of daylight planes35’-0” Intersection of daylight planes
10’-0”
30’-0”30’-0”
10’-0”
45°45°
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Physical Feasibility Analysis Report 19
Modified RM-40 Zoning Modified RM-40 Zoning
Setback: Front 10 feet 10 feet
Setback: Interior Side 5 feet 5 feet
Setback: Rear 5 feet 5 feet
Setback: Street Side Yard 5 feet 5 feet
Build-to-Lines: Frontage N/A N/A
Build-to-Lines: Side Street N/A N/A
Height Limit Buffer N/A N/A
Height 50 feet 50 feet
Daylight Plane N/A N/A
Maximum Site Coverage 70%70%
Minimum Landscape/Open Space
Coverage
20%20%
Parking: Studio/1BR N/A 1
Parking: 2+ BR N/A 1
Maximum Density No maximum No maximum
Maximum FAR Overall N/A 2.5 FAR
Parking Required N/A 21 spaces
Total Number of Units 16 units 21 units
Average Unit Size 644 sf 734 sf
Density 130 du/ac 91 du/ac
FAR Overall 2.8 FAR 2.3 FAR
Parking Provided 6 spaces 21 spaces
Parking Type Podium Podium, mechanical
45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”
45’-0”45’-0”
45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”
45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”
45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”45’-0”
Modified RM-40 Zoning (10,000 sf lot)Modified RM-40 Zoning
50’-0” Height Limit50’-0” Height Limit
40’-0”
50’-0”
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Attachment D - Physical
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City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element20
ROLM District
Existing ROLM Zoning
16 Apartments
The existing height limit restricts the housing typology to townhomes. The potential is much higher at this site. The 40% maximum site coverage is also a constraint on housing
potential for stacked flats.
Modified ROLM Zoning
130 Apartments
More housing is possible If the height limit and maximum site coverage is revised to allow for apartments. Allowing the landscape/open space requirement to be met on upper levels
also contributes to efficient use of the site.
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Item 9: Staff Report Pg. 58 Packet Pg. 196 of 240
Physical Feasibility Analysis Report 21
Existing ROLM Zoning Modified ROLM Zoning
Setback: Front 20 feet 10 feet
Setback: Interior Side 10, 6 feet 5 feet
Setback: Rear 10 feet 5 feet
Setback: Street Side Yard 16 feet 5 feet
Build-to-Lines: Frontage N/A N/A
Build-to-Lines: Side Street N/A N/A
Height Limit Buffer N/A N/A
Height 35 feet 60 feet
Daylight Plane N/A N/A
Maximum Site Coverage 40%70%
Minimum Landscape/Open Space
Coverage
30% on ground 20% on ground and/or
upper level
Parking: Studio/1BR 1 1
Parking: 2+ BR 2 1
Maximum FAR Overall 0.6 FAR 2.5 FAR
Parking Required 32 spaces 130 spaces
Total Number of Units 16 units 130 units
Average Unit Size 1,633 sf 760 sf
Density 16 du/ac 130 du/ac
FAR Overall 0.6 FAR 2.7 FAR
Parking Provided 32 spaces 139 spaces
Parking Type Surface and tuck under Podium, Mechanical
58’-0”
60’-0” Height Limit
58’-0”58’-0”
65’-0”65’-0”
35’-0”35’-0”
Existing ROLM Zoning Modified ROLM Zoning
35’-0” Height Limit
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30’-0”
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Feasibility Analysis Report
Item 9: Staff Report Pg. 59 Packet Pg. 197 of 240
City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element22
Recommendations
Potential Changes to Enable Feasibility
Already Planned/Underway
•Increase residential densities (on specificsites in Housing Element Sites Inventory)
•Decrease parking requirements to match
standards permitted under State law
•AB2097 eliminates parking within ½
mile of Caltrain
•State Density Bonus law allows reduced
parking
Additional Changes to Achieve Financial
Feasibility and Stacked Flats/Mixed Use
•Increase FAR and density
•Increase building height
•Reduce setbacks (esp. front/street side)
•Increase maximum site coverage
•Decrease landscape/open space coverage
and allow more flexibility in open space
•Revise retail preservation applicability
Development standards work in unison. Other
changes will be necessary to complement
changes in density and parking.
Other Changes to Consider to Enable
Feasibility
•Simplify and reduce requirements for open
space
•Modify the daylight plane for small lots orlots that have 100 foot depths or bigger
•Reduce parking requirements for lotssmaller than 10,000sf, “small lot program”
•Modify height buffer (i.e., within 150 ft. of aresidential use)
•Allow height definition to exclude parapetheight and rooftop mechanical
•Exclude mechanical rooms from FAR sothat building systems are not undersized
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Physical Feasibility Analysis Report 23
Mixed-Use Zones RM Zones
Zoning
Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30)
Residential Units 4 12 3 4 4 4 16
Parking Spaces 8 21 38 8 8 7 32
Residential Density (du/ac)34 33 11 18 27 34 16
FAR 1.23 1.04 1.43 1.0 1.0 0.88 0.6
Building Height (feet)40 30 37 30 30 30 30
Typology Town Homes Town Homes Town Homes Town Homes Town Homes Town Homes Town Homes
Financially
Feasible?X X X X X X X
Current Zoning Standards Yield
Mixed-Use Zones RM Zones
Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30)
Residential Units 15 35 34 7 7 16 130
Parking
Spaces 18 46 27 11 11 6 139
Residential Density (du/ac)127 97 132 32 47 130 130
FAR 4.07 2.19 3.81 1.21 1.62 2.8 2.7
Building Height (feet)60 50 60 40 40 50 58
Typology Apartments Apartments Apartments Town Homes Town Homes Apartments Apartments
Financially Feasible?✓✓✓✓✓✓✓
Modified Zoning Standards Yield
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City of Palo Alto Housing Incentive Program (HIP) Amendments to Implement the 6th Cycle Housing Element24
Mixed-Use Zones RM Zones
Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30)
Development Intensity
FAR 2.0 4.0 1.5 3.5 2.0 3.5 1.0 2.0 1.0 2.5 1.0 3.0 0.6 3.5
Res FAR 1.0 4.0 1.5 3.5 2.0 3.5 2.25 2.25 2.5 2.25
Minimum Mixed Use Ground Floor Commercial FAR
N/A 0.15 0.0 0.25 0.0 N/A N/A N/A N/A
Residential Density Max (du/ac)No max No max No max 20 No Max 30 No Max 40 No Max 30 No Max
Residential Density Min (du/ac)N/A N/A N/A 11 16 21 16
Maximum Building Heights
Height Limit Buffer Yes (50') Yes (40')No No No No No
Height (feet)40 60 35 50 37 60 30 40 35 40 40 50 35
60
Daylight Plane
(* for side and rear
abutting R, lots less than 70 feet)
N/A 16 feet
height, 60
degrees (in lieu of buffer)
N/A 10 16
feet, 45
degrees
10 16
feet, 45
degrees
10 feet, 45
degrees
N/A
N/A
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Physical Feasibility Analysis Report 25
Setbacks
Setback: Front N/A 0-10' forsidewalks 0-10' forsidewalks 0
20 10 20 10 20 10 20 10
Setback: Interior Side N/A 10 5 10 0 10, 6 5 10, 6 5 10, 6 5 10, 6 5
Setback: Rear 10' 5 for residential portion
10' 5 for residential portion
10' for residential portion 0
10 5 10 5 10 5 10 5
Setback: Street Side Yard N/A 5 5 0 16 5 16 5 16 5 16 5
Mixed-Use Zones RM Zones
Zoning Designation CD-C CN CC(2) RM-20 RM-30 RM40 ROLM (RM-30)
Max Site Coverage N/A 100%100%35% 65%40% 65%45% 70%40% 70%
Landscape/Open
Space Coverage
20%35%20%35%30%20%30%
Landscape/Open
Space Location
Ground floor only Ground floor and upper stories
Parking Requirements
Parking: Studio/1 BR 1 1 1 0.5 1 1 1 1
Parking: 2+ BR 2 1.5 2 1.5 2 1.0 2 1.5 2 1.5 2 1 2 1
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HOUSING INCENTIVE PROGRAM STUDY:
TESTING THE FINANCIAL FEASIBILITY OF
MULTI-FAMILY HOUSING TYPOLOGIES
Prepared for:
City of Palo Alto
Prepared by:
Keyser Marston Associates, Inc.
June 13, 2024
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Attachment E - Financial
Feasibility of Multifamily
Housing Typologies
Item 9: Staff Report Pg. 64 Packet Pg. 202 of 240
Housing Incentive Program Study Page i
Keyser Marston Associates, Inc. 2405001v2.PA / 17125.015.001 June 13, 2024
TABLE OF CONTENTS
I. EXECUTIVE SUMMARY ............................................................................................................... 1
A. FINANCIAL EVALUATION METHODOLOGY .................................................................................................. 1
B. BASE ZONING PROTOTYPE ANALYSIS ........................................................................................................ 1
C. PROPOSED ZONING PROTYPE ANALYSIS .................................................................................................... 4
D. ADDITIONAL POLICY CONSIDERATIONS ..................................................................................................... 6
II. FINANCIAL EVALUATION METHODOLOGY .................................................................................. 8
A. ANALYSIS OF BASE ZONING PROTOTYPES .................................................................................................. 8
B. ANALYSIS OF PROPOSED ZONING PROTOTYPES ........................................................................................... 8
C. FINANCIAL EVALUATION ORGANIZATION ................................................................................................... 9
D. PRO FORMA ASSUMPTIONS ................................................................................................................. 10
III. ANALYSIS OF BASE ZONING PROTOTYPES ................................................................................ 12
A. SITE A: CD-C ZONE.......................................................................................................................... 12
B. SITE B: CN ZONE .............................................................................................................................. 13
C. SITE C: CC(2) ZONE .......................................................................................................................... 16
D. SITE D: RM-20 ZONE ........................................................................................................................ 18
E. SITE E: RM-30 ZONE ........................................................................................................................ 20
F. SITE F: RM-40 ZONE ......................................................................................................................... 21
G. CONCLUSIONS ................................................................................................................................... 23
IV. ANALYSIS OF PROPOSED ZONING PROTOTYPES ....................................................................... 25
A. SITE A: CD-C ZONE ........................................................................................................................... 25
B. SITE B: CN ZONE .............................................................................................................................. 27
C. SITE C: CC(2) ZONE .......................................................................................................................... 29
D. SITE D: RM-20 ZONE ........................................................................................................................ 32
E. SITE E: RM-30 ZONE ........................................................................................................................ 34
F. SITE F: RM-40 ZONE ......................................................................................................................... 35
G. CONCLUSIONS ................................................................................................................................... 42
V. POLICY CONSIDERATIONS ........................................................................................................ 44
A. APPLICABILITY OF ZONING MODIFICATIONS TO SMALL SITES ....................................................................... 44
B. APPLICABILITY OF ZONING MODIFICATIONS TO LARGER SITES ...................................................................... 44
C. CURRENT CITY PERMITS AND FEES ......................................................................................................... 45
D. CONCLUSIONS ................................................................................................................................... 45
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Feasibility of Multifamily
Housing Typologies
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ATTACHMENTS
Attachment 1: Base Zoning Prototype Analyses
Appendix A: Site A – CD-C Zone
Appendix B: Site B – CN Zone
Appendix C: Site C – CC(2) Zone
Appendix D: Site D – RM-20 Zone
Appendix E: Site E – RM-30 Zone
Appendix F: Site F – RM-40 Zone
Attachment 2: Proposed Zoning Prototype Analyses
Appendix A: Site A – CD-C Zone
Appendix B: Site B – CN Zone
Appendix C: Site C – CC(2) Zone
Appendix D: Site D – RM-20 Zone
Appendix E: Site E – RM-30 Zone
Appendix F: Site F – RM-40 Zone
Attachment 3: Background Information
Appendix A: Market Surveys
Exhibit I Resale Home Survey
Exhibit II New Home Sales
Exhibit III Apartment Rent Survey
Appendix B: Affordable Sales Price Calculations
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I. EXECUTIVE SUMMARY
The City of Palo Alto (City) is considering modifications to the Zoning Ordinance to create incentives for
multi-family and affordable housing development. The intent of the revised zoning standards is to
enable multi-family housing typologies that are both physically feasible and financially feasible.
To that end, the City engaged Keyser Marston Associates, Inc. (KMA) to evaluate the financial
characteristics associated with prototypical residential projects. The intent of this financial analysis is
to ensure that the proposed zoning modifications allow for financially feasible multi-family residential
projects. The following report discusses the financial analyses prepared by KMA.
A. Financial Evaluation Methodology
KMA utilized the following methodology to evaluate the financial feasibility of each prototype:
1. KMA prepared pro forma analyses based on the scopes of development that were provided by
Urban Field Studio.
2. The pro forma analyses were used to compare the value supported by the prototype project to
the project’s development cost plus a standard developer profit.
3. If the project’s estimated value was less than the estimated costs plus developer profit, the
project was deemed not likely to be built.
B. Base Zoning Prototype Analysis
As the first step in the process, Urban Field Studio and Lexington Planning created prototype
development scenarios for six sites that comport with the City’s current development standards. For
the purposes of this KMA analysis, “current” and “base” development standards refer to the base
zoning standards applicable citywide, but do not take into account increased density standards
available to Housing Element opportunity sites (adopted December 2023) or those available per State
of California (State) Density Bonus Law. As described in Attachment 1, KMA evaluated the financial
feasibility of each “Base Zoning Prototype.”
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Housing Typologies
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As can be seen in Attachment 1, each of the Base Zoning Prototypes was found not likely to be
developed under the City’s current zoning standards. The results of the KMA analyses of the Base
Zoning Prototypes are presented in the table on the following page.
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SITE C SITE F
CC(2) Zone RM-40 Zone
I.Site Area (Sf)11,250 5,000
II.Development Scope
A.Unit Type Townhome Apartment Townhome Townhome Townhome Townhome
B.Unit Mix
Studio Units 0 3 0 0 0 1
One-Bedroom Units 0 1 0 0 0 0
Two-Bedroom Units 0 12 3 0 0 3
Three-Bedroom Units 4 0 0 2 4 0
Four-Bedroom Units 0 0 0 2 0 0
Total Units 4 16 3 4 4 4
B.Unit Sizes
Studio Units 0 360 0 0 0 360
Live/Work One-Bedroom Units 0 0 0 0 0 0
One-Bedroom Units 0 528 0 0 0 0
Two-Bedroom Units 0 828 1,810 0 0 1,120
Three-Bedroom Units 1,575 0 0 1,891 1,429 0
Four-Bedroom Units 0 0 0 2,791 0 0
Net Living Area 6,300 11,544 5,430 9,364 5,716 3,720
Average SF/Unit 1,575 722 1,810 2,341 1,429 930
Retail GBA 0 2,900 10,784 0 0
Gross Building Area (Sf)6,300 19,701 18,230 9,364 5,716 3,720
Floor Area Ratio (FAR)1.23 1.22 1.53 0.94 0.86 0.74
Density (Units/Acre)34 44 12 17 26 35
III.Estimated Development Cost
A.Land Value $1,614,000 $4,965,000 $3,544,000 $3,150,000 $2,087,000 $1,575,000
B.Direct Costs $2,387,000 $8,902,000 $9,571,000 $3,690,000 $2,284,000 $1,528,000
Per Sf of Net Saleable Area $379 $771 $1,763 $394 $400 $411
C.Public Permits & Fees $384,000 $1,392,000 $387,000 $412,000 $380,000 $364,000
Per Unit $96,000 $87,000 $129,000 $103,000 $95,000 $91,000
D.Indirect + Financing Costs $1,600,000 $3,515,000 $3,933,000 $2,505,000 $1,603,000 $1,146,000
As a % of Direct Costs 67%39%41%68%70%75%
Total Development Cost $5,985,000 $18,774,000 $17,435,000 $9,757,000 $6,354,000 $4,613,000
Per Square Foot of GBA $950 $953 $956 $1,042 $1,112 $1,240
IV.Projected Revenues
A.Residential Revenue $7,005,000 $781,000 $6,101,000 $9,575,000 $6,356,000 $4,164,000
Per Market Rate Unit $1,751,300 $4,300 $2,033,700 $2,393,800 $1,589,000 $1,041,000
Per Affordable Unit $0 $0 $0 $0 $0 $0
B.Net Sales Revenue / Value
Residential Component $6,620,000 $5,765,000 $9,048,000 $6,006,000 $3,935,000
Retail Component 10,283,000
Total Net Sales Revenue / Value $6,620,000 $15,151,000 $16,048,000 $9,048,000 $6,006,000 $3,935,000
V.
$794,000 $1,515,000 $1,720,000 $1,086,000 $721,000 $472,000
VI.Net Surplus/(Cost)
A.Net Sales Revenue / Value $6,620,000 $15,151,000 $16,048,000 $9,048,000 $6,006,000 $3,935,000
B.Revenue Offsets
Total Development Cost $5,985,000 $18,774,000 $17,435,000 $9,757,000 $6,354,000 $4,613,000
Threshold Developer Profit 794,000 1,515,000 1,720,000 1,086,000 721,000 472,000
Total Revenue Offsets $6,779,000 $20,289,000 $19,155,000 $10,843,000 $7,075,000 $5,085,000
VII.Net Surplus/(Cost)($159,000)($5,138,000)($3,107,000)($1,795,000)($1,069,000)($1,150,000)
$15,151,000
Threshold Developer Profit @ 12%
Net Residential Sales Revenue or
10% of Apt Value
SUMMARY OF BASE ZONING PROTOTYPES
CD-C Zone CN Zone RM-20 Zone RM-30 Zone
5,125 15,761 10,000 6,626
SITE A SITE B SITE D SITE E
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C. Proposed Zoning Protype Analysis
Subsequent to the analysis of the Base Zoning Prototypes, Urban Field Studio and Lexington Planning
created prototype development scenarios that modified current development standards (Proposed
Zoning Prototypes). The purpose of modifying current development standards was to create zoning
requirements that allow for the development of multi-family projects that are both physically and
financially feasible.
Modifications were made to a variety of development standards such as: reduced parking ratios,
increased building height, increased floor-area-ratios (FAR), reduced setbacks, modified daylight
planes, reduced lot and landscape coverage and changes to ground floor retail requirements.
Specifically, the modifications were intended to allow for additional units to be constructed on each of
the development sites (e.g., increased FAR) and/or to reduce the costs associated with developing
residential units (e.g. reduced parking requirements). These factors have a direct impact on the
financial feasibility of each development prototype.
The Proposed Zoning Prototypes evaluated in this analysis are the result of an iterative process
between KMA, Urban Field Studio, Lexington Planning and the City. A number of potential
modifications were tested for each of the sites in order to develop prototypes that were both
physically and financially feasible. In particular, for the RM-40 Zone site, three scenarios for proposed
modifications were evaluated in this analysis.
The KMA financial analyses of the Proposed Zoning Prototypes are presented in Attachment 2. As
shown, each of the Proposed Zoning Prototypes was found to be financially feasible under the
proposed zoning modifications.
The results of the KMA analyses of the Proposed Zoning Prototypes are presented in the table on the
following page.
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SITE A SITE B SITE C SITE D SITE E
No Parking
Limited
Parking 10,000 SF Lot
I.Site Area (Sf)5,125 15,761 11,250 10,000 6,626 5,000 5,000 10,000
II.Development Scope
A.Unit Type Condo Apartment Apartment Townhome Townhome Apartment Apartment Apartment
B.Unit Mix
Studio Units 0 0 8 0 0 4 3 0
Live/Work One-Bedroom Units 0 4 0 0 0 0 0 0
One-Bedroom Units 10 11 6 0 0 4 3 2
Two-Bedroom Units 1 18 16 2 0 0 6 16
Three-Bedroom Units 4 0 4 5 7 0 0 3
Total Units 15 33 34 7 7 8 12 21
B.Unit Sizes
Studio Units 0 0 514 0 0 415 450 0
Live/Work One-Bedroom Units 0 1,050 0 0 0 0 0 0
One-Bedroom Units 751 528 713 0 0 678 637 625
Two-Bedroom Units 1,240 828 1,066 1,593 0 0 740 971
Three-Bedroom Units 1,500 0 1,302 1,795 1,457 0 0 1,250
Net Living Area 14,746 24,912 30,654 12,163 10,199 4,370 7,701 20,540
Average Square Feet / Unit 983 755 902 1,738 1,457 546 642 978
Gross Building Area (Sf)20,841 33,240 42,895 12,163 10,199 5,016 10,725 26,114
Floor Area Ratio (FAR)4.07 2.11 3.81 1.22 1.54 1.00 2.15 2.61
Density (Units/Acre)127 91 132 30 46 70 105 91
III.Estimated Development Cost
A.Land Value $1,614,000 $4,965,000 $3,544,000 $3,150,000 $2,087,000 $1,575,000 $1,575,000 $3,150,000
B.Direct Costs $7,724,000 $12,553,000 $15,434,000 $4,614,000 $3,763,000 $1,895,000 $3,959,000 $9,727,000
Per Square Foot $524 $504 $503 $379 $369 $434 $514 $474
C.Public Permits & Fees $1,425,000 $2,805,000 $2,958,000 $686,000 $665,000 $656,000 $1,008,000 $1,827,000
Per Unit $95,000 $85,000 $87,000 $98,000 $95,000 $82,000 $84,000 $87,000
D.Indirect + Financing Costs $3,138,000 $5,250,000 $6,007,000 $2,222,000 $1,764,000 $915,000 $1,616,000 $3,864,000
As a % of Direct Costs 41%42%39%48%47%48%41%40%
Total Development Cost $13,901,000 $25,573,000 $27,943,000 $10,672,000 $8,279,000 $5,041,000 $8,158,000 $18,568,000
Per Square Foot of GBA $667 $769 $651 $877 $812 $1,005 $761 $711
IV.Projected Revenues
A.Residential Revenue $17,097,000 $1,741,000 $1,168,000 $12,863,000 $10,220,000 $363,000 $622,000 $1,234,000
Per Market Rate Unit $1,246,800 $4,500 $4,200 $2,060,700 $1,620,200 $3,700 $4,200 $5,100
Per Affordable Unit $444,500 NA NA $499,000 $499,000 NA NA NA
B.Total Net Sales Revenue / Value $16,157,000 $28,825,000 $31,327,000 $12,156,000 $9,658,000 $5,925,000 $10,325,000 $20,650,000
V.
$1,939,000 $2,883,000 $3,133,000 $1,459,000 $1,159,000 $593,000 $1,033,000 $2,065,000
VI.Net Surplus/(Cost)
A.Net Sales Revenue / Value $16,157,000 $28,825,000 $31,327,000 $12,156,000 $9,658,000 $5,925,000 $10,325,000 $20,650,000
B.Revenue Offsets
Total Development Cost $13,901,000 $25,573,000 $27,943,000 $10,672,000 $8,279,000 $5,041,000 $8,158,000 $18,568,000
Threshold Developer Profit 1,939,000 2,883,000 3,133,000 1,459,000 1,159,000 593,000 1,033,000 2,065,000
Total Revenue Offsets $15,840,000 $28,456,000 $31,076,000 $12,131,000 $9,438,000 $5,634,000 $9,191,000 $20,633,000
VII.Net Surplus/(Cost)$317,000 $369,000 $251,000 $25,000 $220,000 $291,000 $1,134,000 $17,000
Threshold Developer Profit @ 12%
Net Residential Sales Revenue or
10% of Apt Value
SUMMARY OF PROPOSED ZONING PROTOTYPES
SITE F
CD-C Zone CN Zone CC(2) Zone RM-20 Zone RM-30 Zone
RM-40 Zone
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Feasibility of Multifamily
Housing Typologies
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D. Additional Policy Considerations
The following section provides additional policy considerations for the City:
APPLICABILITY OF ZONING MODIFICATIONS TO SMALL SITES
The City is also interested in understanding the impact on financial feasibility if the reductions in
required parking ratios and/or building height and FAR are less substantial than those applied in the
Proposed Zoning Prototypes analysis. A key factor that should be considered in the decision making
process is that many of the sites evaluated in this analysis are fairly small – consisting of between 5,000
and 15,000 square feet of land area. For a development on a small site to achieve financial feasibility it
is necessary to be able to create an extremely efficient design.
Parking Standards
The proposed reduction in the parking requirements significantly enhances the potential for financially
feasible residential uses to be developed. A change to the proposed parking standard would require
more site area to be dedicated for parking spaces, which would materially reduce the site’s buildable
area. Given the limited number of units that each site can support a loss of even a few units on each
site results in a significant impact on financial feasibility.
Height and FAR Standards
The achievable building footprint on a small site is disproportionately lower than the footprint that can
be accommodated on a more typically sized development site. The proposed increases in FAR and
height are necessary to compensate for this limitation. Recognizing the small number of units that can
be accommodated per floor, even the reduction of one floor of building area has a significant impact
on financial feasibility.
APPLICABILITY OF ZONING MODIFICATIONS TO LARGER SITES
As discussed above, this analysis primarily focuses on small sites. The site sizes were intended to be
representative of typical parcel sizes within each zoning designation. However, the proposed zoning
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Feasibility of Multifamily
Housing Typologies
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modifications may be applied to sites of all sizes within each zoning designation. Therefore, a
developer may utilize the proposed zoning modifications on sites larger than evaluated in this analysis.
Without the physical constraints imposed by small sites, larger sites will likely be developed with more
efficiently designed projects. Therefore, it is possible that the proposed zoning modifications will have
a greater positive financial impact on larger sites.
CURRENT CITY PERMITS AND FEES
The pro forma analyses included in this report take into account the City’s current permits and impact
fees. Specifically, the development costs for each prototype include the following impact fees: parks
fee, community center fee, libraries fee, public safety facilities fee, general government facilities fee,
school district fee, and the in-lieu art fee. As such, the financial analyses demonstrate that Proposed
Zoning Prototypes are financially feasible with the City’s current impact fee schedule.
CONCLUSIONS
Based on the financial analyses that KMA has prepared over the course of this engagement, it is our
opinion that the proposed modifications to the zoning standards are necessary to create sufficient
incentive to attract residential development on the prototypical sites evaluated in this analysis. This is
particularly true of the parking requirements and building height/FAR, all of which tend to have an
outsized impact on financial feasibility.
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Attachment E - Financial
Feasibility of Multifamily
Housing Typologies
Item 9: Staff Report Pg. 73 Packet Pg. 211 of 240
To download the complete Keyser Marston Associates’ report, “Housing Incentive Program
Study: Testing The Financial Feasibility Of Multi-Family Housing Typologies,” please use the
link below:
https://www.cityofpaloalto.org/files/assets/public/v/2/planning-amp-development-
services/long-range-planning/kma-housing-incentive-program-report_2405001v3.pdf
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Attachment E - Financial
Feasibility of Multifamily
Housing Typologies
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Item No. 9. Page 1 of 4
Comparison Between City Incentive Programs and State Housing Laws
Applicants currently have the ability to utilize State Density Bonus Law (SDBL) to achieve
additional residential density. In order for applicants to choose to use the HIP or AHIP rather
than the SDBL program, they need to obtain greater benefits.
Summary of State Housing Laws
State Density Bonus Law (Gov. Code Section 65915): This law gives developers the right to build
additional dwelling units and obtain flexibility in local development requirements, in exchange
for building on-site affordable or senior housing. To support the development of affordable and
senior housing, projects can receive “waivers” and “concessions” to modify applicable
regulations. This could include standards such as height, setbacks, parking, and ground-floor
retail requirements. The handout in Attachment G includes a more thorough description of
State Density Bonus Law and how it applies in Palo Alto.
SB 35 Streamlining for Affordable Housing (Gov. Code Section 65913.4): Effective since 2018,
this law allows housing development projects that meet certain physical and affordability
criteria to undergo expedited project review and ministerial approval. Palo Alto is subject to SB
35 based on the City’s limited progress toward meeting the City‘s low-income housing targets in
its RHNA. To be eligible for SB 35 streamlining in Palo Alto, a project must provide at least 50%
of their residential units at a rate affordable to low-income households. SB 35 projects are
frequently combined with State Density Bonus Law to achieve density bonuses and
waivers/concessions.
HIP
Table F-1 explores the tradeoffs between the HIP and SDBL. The HIP provides greater
predictability for what community members can expect from housing projects. By comparison,
SDBL offers developers more flexibility in terms of modifying development standards and
seeking other concessions.
However, the HIP allows developers of rental housing to pay the affordable housing impact fee,
whereas SDBL requires on-site below market rate housing; payment of fees is generally
preferred by market rate developers and is therefore a strong incentive. For ownership
housing, developers are required to include below-market rate units on site under the City’s
inclusionary housing regulations. As a result, the City is likely to see ownership projects
continue to utilize State Density Bonus Law.
With implementation of Housing Element Program 3.4A, there would be no difference in review
processes since HIP projects would be eligible for Streamlined Review (i.e., one study session
with the ARB). Although this will remove a key aspect of the original purpose of the HIP, which
was to retain Architectural Review, the City’s objective standards will continue to provide more
local control of design. There is little room to further streamline the HIP process. As a result, the
HIP amendments are primarily focused on modifying development standards to incentivize
applicants to use it instead of SDBL.
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Attachment F -
Comparison of HIP AHIP
vs. State Law Incentive
Programs
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Item No. 9. Page 2 of 4
Table F-1: Comparison Between Proposed HIP and State Density Bonus Law
Proposed HIP State Density Bonus Law
Benefits
+ Inclusionary housing fee in-lieu of on-site
affordable housing (rental housing only)
+ More predictability (for City/ community
members)
+ Higher density and FAR
+ Unlimited waivers from
standards that physically limit
housing units
+ Specified number of
concessions for cost reductions
Drawbacks - Limitations on additional modifications to
other development standards
- On-site affordable housing
required
Constants Streamlined review process (one ARB meeting)
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Attachment F -
Comparison of HIP AHIP
vs. State Law Incentive
Programs
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Item No. 9. Page 3 of 4
AHIP
Table 2 compares the detailed draft amendments to the AHIP with the criteria and incentives in State Density Bonus Law and SB35
streamlining.
Table 2: Existing vs. Planned AHIP Regulations Compared to State Law
Standard Existing Regulations Draft Amendments State Density Bonus Law SB 35
Applicability •Sites zoned CD, CN, CS, and
CC, but excluding shopping
centers
•Sites within ½-mile of a major
transit stop or ¼-mile of a
high-quality transit corridor
•Add all Housing Element
opportunity sites
•Add all sites eligible for the
HIP
Any site with Zoning or
General Plan compliance
Eligibility based on
specific environmental
factors and physical
conditions and Zoning
or General Plan
compliance
Affordability
Eligibility
100% affordable rental housing
projects at or below 120% of
the area median income
No specific changes
identified, except for height
bonus related to deeper
affordability
Minimum 5% affordability
at or below 50% of AMI or
10% at 80% of AMI to
qualify for minimum 20%
bonus
Minimum 50% on-site
affordability in Palo
Alto currently, at or
below 80% of AMI
Review/
Approval
Process
Architectural Review (up to
three meetings with the ARB)
Projects that meet objective
standards pursuant to Ch.
18.24, allow Streamlined
Review Process (i.e., one
study session with the ARB)
Per local requirements Ministerial: no
hearings required
Environmental
Review
Subject to CEQA Subject to CEQA Subject to CEQA No CEQA since
ministerial action
Maximum
Residential
Density
None in commercial mixed-use
zones.
None, except 50 du/ac for
R1 Zoned Faith Based Sites
100% affordable projects
(at least 80% at 80% of AMI
and up to 20% at 120% of
AMI): no density limit
Per local requirements
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AHIP vs. State Law Incentive
Programs
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Item No. 9. Page 4 of 4
Standard Existing Regulations Draft Amendments State Density Bonus Law SB 35
Maximum
Floor Area
Ratio
Residential: 2.0
Non-Residential: 0.4
Total: 2.4
Allow up to 2.4 Residential
FAR (without requiring
commercial uses, except in -
GF and -R combining
districts), except 2.0 FAR for
R-1 Zoned Faith Based Sites.
100% affordable projects
(at least 80% at 80% of AMI
and up to 20% at 120% of
AMI): no density limit for
projects that only regulate
FAR and not residential
density
Per local requirements
Maximum
Building Height
50 feet Allow up to 60 feet for
projects at or below 60% of
Area Median Income, except
50 feet for R-1 Zoned Faith
Based Sites.
100% affordable projects
(at least 80% at 80% of AMI
and up to 20% at 120% of
AMI): up to 3 additional
stories or 33 feet (above
base height limit)
Per local requirements
Minimum
Parking Ratio
0.75 spaces/unit 100% affordable within ½-
mile of transit: None
Otherwise:
1 sp. per studio, 1-bed
1.5 sp. per 2-, 3-bed
2.5 sp. per 4+bed
None if located within
½ mile of transit;
otherwise maximum 1
space/unit
Other
Development
Standards
Max. Lot Coverage: 100%
Min. Usable Open Space: 25-50
sq. ft./unit
None required near transit
(consistent with AB 2097
definitions)
0.5 spaces/unit elsewhere
100% affordable projects
within ½-mile of transit: five
concessions/incentives
Per local requirements
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Attachment F - Comparison of HIP
AHIP vs. State Law Incentive
Programs
Item 9: Staff Report Pg. 78 Packet Pg. 216 of 240
Modifications to HIP Density, FAR, Building Height, and Daylight Planes
Table G-1 summarizes the proposed density, FAR, and height changes to the HIP. In
the commercial districts, it distinguishes between sites that are designated or not
designated as Housing Element opportunity sites, where existing standards diverge.
The draft ordinance also includes modifications to setback and daylight plane
requirements, which generally affect the RM districts and adjacencies to lower density
residential districts, respectively. Collectively, these standards support livable spaces
and respect adjacent uses, but may also limit development to townhomes or prevent
sufficient unit yields to support financially feasible projects.
Table G-1: Summary of Existing vs. Proposed HIP Maximum Building Height and
Residential FAR/Density Standards
Housing Incentive ProgramZoning
District Base Standards Existing Proposed Standards
CD-C
2.0 FAR (HE Opp Site)
1.0 FAR (Non-Opp Site)
3.0 FAR w/ TDR
50-foot height
3.0 FAR
50-foot
height
No changes proposed yet due to
Downtown Housing Area Plan.
That process may result in revised
base zoning and HIP standards.
CC(2)
1.5 FAR (HE Opp Site)
0.6 FAR (Non-Opp Site)
37-foot height
2.0 FAR
50-foot
height
3.5 FAR (HE Opp Site)*
2.6 FAR (Non-Opp Site)*
60-foot height
CS (El
Camino)
1.25 FAR (HE Opp Site)
0.6 FAR (Non-Opp Site)
50-foot height
1.5 FAR
50-foot
height
3.5 FAR (HE Opp Site)*
2.85 FAR (Non-Opp Site)*
60-foot height
CS (San
Antonio)
1.25 FAR/30-40 du/ac (HE Opp
Site)
0.6 FAR/30 du/ac (Non-Opp Site)
50-foot height
2.0 FAR
50-foot
height
No changes proposed yet due to
San Antonio Road Area Plan. That
process may result in revised base
zoning and HIP standards.
CN (El
Camino)
1.25 FAR (HE Opp Site)
0.5 FAR (Non-Opp Site)
40-foot height
1.5 FAR
50-foot
height
3.25 FAR (HE Opp Site)*
2.5 FAR (Non-Opp Site)*
50-foot height
GM/ROLM
Focus Area
2.5 FAR
60-foot height N/A
3.5 FAR*
No change in height
RM-40
40-50 du/ac (HE Opp Site)
40 du/ac (Non-Opp Site)
1.0 FAR (All Sites)
40-foot height N/A
60 du/ac*
3.0 FAR*
50-foot height
RM-30
30-50 du/ac (HE Opp Site)
30 du/ac (Non-Opp Site)
0.6 FAR (All Sites)
35-foot height N/A
60 du/ac*
2.5 FAR*
40-foot height
Item 9
Attachment G - Summary
of Draft Density, FAR,
Building Height and
Daylight Plane
Modifications
Item 9: Staff Report Pg. 79 Packet Pg. 217 of 240
Housing Incentive ProgramZoning
District Base Standards Existing Proposed Standards
RM-20
20-50 du/ac (HE Opp Site)
20 du/ac (Non-Opp Site)
0.5 FAR (All Sites)
30-foot height N/A
60 du/ac* (HE Opp Site)
40 du/ac (Non-Opp Sites)
2.0 FAR*
40-foot height
Notes:
*Except no residential density (du/ac) limit and additional 0.5 FAR bonus if at
least 10% of units are 3+ bedroom units, to provide an incentive for family-
friendly units.
HE Opp Site = Housing Element Opportunity Sites
Modifications to HIP Daylight Planes
The HIP ensures height transitions in areas where higher density zones abut lower
density zones or lower height structures, by continuing to enforce daylight plane and
height transition standards. However, to accommodate taller heights, the ordinance
proposes adjustments to the daylight plane to allow daylight planes to start higher.
As shown in Figure G-1, the existing daylight plane makes is challenging to fit two full-
height stories within the daylight plane area (left diagram). Modifying the initial daylight
plane from 10 feet to 16 feet allows for development of two stories at the front of the site
(right diagram). Figure G-1 illustrates the impact of these changes in the RM-30 zone.
Item 9
Attachment G - Summary
of Draft Density, FAR,
Building Height and
Daylight Plane
Modifications
Item 9: Staff Report Pg. 80 Packet Pg. 218 of 240
Figure G-1: Comparison of Existing and Modified Daylight Plane Requirements
(RM-30 Zone Example)
Item 9
Attachment G - Summary
of Draft Density, FAR,
Building Height and
Daylight Plane
Modifications
Item 9: Staff Report Pg. 81 Packet Pg. 219 of 240
9/9/2024
State Density Bonus Law (SDBL)
State Density Bonus Law (SDBL) gives developers the right to build
additional dwelling units and obtain flexibility in local development
requirements, in exchange for building on-site affordable or senior
housing. To support the development of affordable and senior housing,
projects can receive “waivers” and “concessions” to modify applicable
regulations. This includes standards such as height, setbacks, parking
and ground-floor retail requirements.
WAIVERS:
Projects can request waivers, which
are generally used to modify physical
standards affecting the building envelope.
CONCESSIONS:
Projects are eligible for between one to
five concessions, which are generally used
to modify land use or design requirements
that add to the cost of development.
How Many?
Unlimited 1 to 5, depending on level of affordability
Which Standards?
Development standards that would physically preclude the construction of the development at the density permitted by SDBL.
Other regulations, where modifications would result in identifiable and actual cost reductions to provide for affordable housing costs
Common Examples
• Height limits
• Daylight planes
• Setbacks
• Ground-floor retail requirements
• Undergrounding utilities
• Public or private open space requirements
FURTHER READING:
• Government Code Section 65915
MORE REQUIREMENTS AND EXAMPLES >
Palo Alto Municipal Code Chapter 18.15
As required by State Law, the City’s zoning ordinance includes a code section detailing how State Density Bonus Law will be implemented in Palo Alto. Where the local ordinance is in conflict with State law, State law takes precedence.
The SDBL offers developers the ability to modify
certain development standards by requesting either
waivers or concessions from the local jurisdiction.
The City cannot require submission of reports of
studies that are not otherwise required by State
law. The burden is on the City to demonstrate that a
requested concession or waiver is inconsistent with
State law.
SDBL vs. City Inclusionary OrdinanceIn order for a for-sale project to satisfy both SDBL and the City’s inclusionary housing requirements, units would need to remain affordable for at least 99 years.Rental projects pay a fee in-lieu of the on-site inclusionary housing requirement. However, under SDBL, a rental project must place units on-site and therefore, generally, will be not be subject to the fee
PAMC Ch. 16.65: Affordable Housing Requirements State Density Bonus Law
For-Sale Projects
15% on-site inclusionary requirement (moderate income level)99-year term
Very-low, low, and moderate income options 55-year term
Rental Projects Fee payment in-lieu 55-year term
Pro Tip: A project sponsor is not required to take advantage of a density bonus. If a project qualifies for State Density Bonus Law because of the City’s inclusionary housing requirement, it can still take advantage of the flexible development standards by requesting waivers and concessions.
Item 9
Attachment H - State Density Bonus
Law Handout
Item 9: Staff Report Pg. 82 Packet Pg. 220 of 240
9/9/2024
BASIC DENSITY BONUS ACHIEVABLE
The density bonus and concessions achievable scale in proportion to the level of affordability and percentage of affordable units provided. The more affordable units and more deeply affordable those units are, the more a project can exceed local density standards.
Various scenarios of affordability qualify, including the following minimum thresholds.
Density Bonus (% increase)20%35%50% 80%+
Number of Concessions 1 2 3 4 5
% Very Low-
Income 5%11%15%16%100%
% Low-Income 10%20%24%N/A 100%
% For-Sale
Moderate Income 10%40%44%45%N/A
+20% 50% Base
+35% 50% Base
+50% 50% Base
70%
85%
100%
Affordable Housing +Additional Affordable Housing =Total Income Restriction
Moderate Income 44%+
Min. 5% Very Low or Moderate Moderate Income 5%=
Maximum 50% Income Restriction49%
Low-Income 24%+Very Low Income 9%=33%
Very Low-Income 15%+Moderate Income 15%=30%
BASIC DENSITY BONUS BASED ON AFFORDABILITY
ADDITIONAL DENSITY BONUS
Maximum 100% Density Bonus
Additional Density Bonus
ADDITIONAL DENSITY BONUS
Recent changes in SDBL allow an additional density bonus. • Projects that achieve the maximum 50% “basic” density bonus are eligible for additional density bonus, up to a 100% total bonus. • Projects must provide at least 5% additional units restricted to very-low or moderate income households. • The resulting development may not income restrict more than 50 percent of the total units.
SDBL Eligible Project
Types
Minimum Affordability
Percentage (Area Median Income)
Very-Low Income 5% at <50% AMI
Low-Income 10% at <80% AMI
Senior Housing None
Moderate Income
(For Sale only)10% at <120% AMI
100% Affordable Up to 20% at <120% AMI; at
least 80% at <80% AMI
Special Populations 10% at <50% AMI
Student Housing 20% low-income (30% of 65% AMI for single room occupancy room)
Childcare Facility + Any of the Above See eligibility above
Land Donation 10% at <50% AMI
Item 9
Attachment H - State Density Bonus
Law Handout
Item 9: Staff Report Pg. 83 Packet Pg. 221 of 240
9/9/2024
DENSITY BONUS FOR SPECIAL POPULATIONS
• Projects housing seniors, foster youth,
veterans, or homeless persons, are
entitled to a density bonus equal to 20% of
the target population units.
• Affordable student housing projects are
entitled to a density bonus equal to 35% of
the student housing units.
• Projects that include on-site childcare
facilities may be entitled to an additional
density bonus equal to the square footage
of the childcare facility, as well as a
concession or incentive that contributes to
the economic feasibility of the facility.
CALCULATING DENSITY (WITHOUT DU/ACRE DENSITY STANDARDS)
Senior Housing
Student Housing
Veterans
Foster Youth
Homeless
Childcare Facilities
20%20%
20%20%
35%35%
20%20%
20%20%
Replacement Unit Requirements• Projects proposed with SDBL must replace any existing units that are rent-restricted or occupied by lower income households at the same income levels.
• If household income is unknown, units are presumed to be occupied by lower income households in proportion to the percentage of lower income renters citywide.
• For vacant or demolished units, look at affordability/occupancy in the past 5 years.
• Replacement means equivalent size (at least the same number of bedrooms).
• Replacement units count toward density bonus qualification.
• SB 330 (Gov Code. Section 66300.6) includes replacement/relocation provisions for protected units that may also apply to a project.
Density Bonus = +17 more units Base development
capacity = 48 units
1.5 FAR(50% Lot Coverage)
Lot Size 200 feet x 200 feet = 40,000 square feet
Base Floor Area 40,000 square feet x 1.5 FAR = 60,000 square feet
Average Unit 40 feet x 25 feet = 1000 sq. ft per unit
Common Space 25% x 1000 sq. ft. = 250 sq. ft. per unit
Average Area per Unit Average Unit + Common Space = 1250 sq. ft. feet per unit
Base Development = Base Floor Area = 60,000 square feet = 48 units
Capacity Average Area per unit 1250 square feet per unit
Density Bonus = Base Development Capacity x 35%
48 units x 35% = 16.8 rounded up to 17 units
• For sites/zoning districts where maximum dwelling units per acre is not regulated, project sponsors must calculate “base” density by determining the realistic development capacity based on the combination of FAR, site coverage, building height, and other physical standards. • The density bonus is then granted as additional floor area/FAR in proportion to the number of bonus units. Therefore, FAR cannot be granted as a waiver.
Item 9
Attachment H - State Density Bonus
Law Handout
Item 9: Staff Report Pg. 84 Packet Pg. 222 of 240
9/9/2024
STATE DENSITY BONUS LAW (SDBL) PROJECT EXAMPLES
Small Lot 15% Very Low-Income SDBL Rental Project
Example: 10,000 sq. ft. site, FAR = 1.5:
Typical Project+ in-lieu fee payment (15,000 GFA @1,500 sf/unit)
SDBL Project (50% Density bonus)Includes 2 on-site Very-Low Income units (50% bonus x 15,000 GFA = 22,500 sf @1,500 sf/unit)
In 2024, a two-person household with a maximum income of $73,750 is eligible for a Very-Low Income unit. Their maximum rent for an apartment unit, or monthly costs for a for-sale unit, would be approximately $1,850.
10units
15units
Medium Lot 20% Low-Income SDBL Rental Project
Example: 1 acre site, Density = 30 du/ac
SDBL Project (35% Density bonus)Includes 6 on-site Low Income units (61,500 sf @ 1,500 sf/unit)
Typical Project+ in-lieu fee payment (45,000 GFA @1,500 sf/unit)
In 2024, a four-person household with a maximum income of $146,100 is eligible for a Low Income unit. Their maximum rent for an apartment unit, or monthly costs for a for-sale unit, would be approximately $3,650.
30units
41units
State Density Bonus law sets a maximum parking standard
that the City can impose on projects depending on unit sizes
and distance to public transit.
Project Types Maximum Ratio
Any 1 space for each studio/1-bed1.5 spaces for each 2-bed/3-bed2.5 spaces for each 4+bed
20% low-income or 11% very low-income; and within ½ mile of a major transit stop 0.5 spaces per bedroom
100% affordable housing, supportive housing, and senior housing projects within ½ mile of a major transit stop
No parking required
Major Transit Stops• Caltrain stations• Intersecting bus lines with headways < 15 mins (SamTrans ECR, VTA line 22, and Marguerite line P, X, and Y)• Bus rapid transit stop (none in Palo Alto)
100% affordable housing projects within 1/2 mile of
a major transit stop are eligible for
• 5 concessions
• 3 extra stories/additional 33 feet in height
• Unlimited density bonus
• No addtional waivers (unless the City agrees
to them)
1/2 mile
1/2 mile
DENSITY BONUS AROUND MAJOR TRANSIT STOPS (AS OF MAY 2024)PARKING REQUIREMENTSItem 9
Attachment H - State Density Bonus
Law Handout
Item 9: Staff Report Pg. 85 Packet Pg. 223 of 240
Retail Preservation Ordinance Matrix of Changes
Table I-1 provides examples of how the retail preservation ordinance (RPO) applies to different locations, project types,
and affordability levels. The table also identifies changes between the existing and proposed regulations. The key
changes are adding exceptions from the RPO, as identified in Housing Element Program 3.4B and State law. While the
ordinance always applies to GF and R combining districts in Downtown and California Avenue, and never applies to 100%
affordable housing, other locations have exceptions whether driven by State law or existing or proposed City policy.
Table I-1: Matrix of Retail Preservation Ordinance Exceptions
Subject to RPO?
Location/Type
Existing
Regulations
Proposed
Regulations
(changes bolded)Exceptions, by Project Type
GF Downtown Overlay Yes Yes None
R California Avenue Overlay Yes Yes None
El Camino Real Retail Nodes Yes
Yes (see change
to exceptions)
Housing Element Opportunity
Sites Exempt
El Camino Real (Outside of Retail Nodes) Yes
Yes (see
change to
exceptions)
Reduced Replacement
Standard (1,500 sq. ft.)
100% BMR Housing (120% AMI) No No None
100% BMR Housing (80% AMI) No No None
Housing Element Opportunity Sites (HIP Projects) Yes
Yes (see
change to
exceptions)
Reduced Replacement
Standard (1,500 sq. ft.)
Housing Element Opportunity Sites (Not HIP
Projects) Yes No None
High-Density Mixed-Use Projects Yes Yes
Reduced Replacement
Standard (1,500 sq. ft.)
Item 9
Attachment I - Retail Preservation
Ordinance Example Matrix
Item 9: Staff Report Pg. 86 Packet Pg. 224 of 240
Item 9
Attachment I - Retail Preservation
Ordinance Example Matrix
Item 9: Staff Report Pg. 87 Packet Pg. 225 of 240
City Council
Staff Report
Report Type: INFORMATION REPORTS
Lead Department: Administrative Services
Meeting Date: March 3, 2025
Report #:2502-4116
TITLE
Sales Tax Digest Q3 (Jul-Sept) 2024
ANALYSIS
This report transmits information regarding the City of Palo Alto’s sales tax receipts for the second
quarter (April-June) of 2024. Listed below are highlights from the report; detailed discussion and data
can be found in the attached City of Palo Alto Sales Tax Digest and Legislative Update 2024 Q2
(Attachment A).
Regional and statewide sales tax based upon adjusted economic benchmark year (Attachment A, p. 2)
•Palo Alto: increased 0.3%
•San Francisco Bay Area: decreased 2.9%
•California statewide: decreased 2.5%
City’s Most Significant Reasons for increases during this period (Attachment A, p. 1)
•New Auto Sales segment increased 9.4%, comprises 15.4% of total sales tax
•Restaurant segment increased by 6.1%, comprises 16.4% of total sales tax
County Pool (Attachment A, p. 4)
•The City’s share of the county pool for this quarter is 5.9%, lower from Q3 2023
•Sales tax receipts from the County pool totaled $1.4 million
ATTACHMENTS
Attachment A - 2024 Q3 Sales Tax Digest Summary
APPROVED BY:
Lauren Lai
Item 10
Item 10 Staff Report
Item 10: Staff Report Pg. 1 Packet Pg. 226 of 240
City of Palo Alto
Sales Tax Digest Summary
Collections through December 2024
Sales July through September 2024 (2024Q3)
www.avenuinsights.com (800) 800-8181 Page 1
California Overview
For the year ending in the third quarter of 2024, cash receipts decreased by 2.0% statewide and
decreased by 5.5% in S.F. Bay Area. However, when adjusted for non-period-related payments, the
overall economic sales tax activity for the year ending in the third quarter of 2024 decreased by 2.5%
statewide and decreased by 2.9% in S.F. Bay Area.
City of Palo Alto
For the year ending in the third quarter of 2024, sales tax cash receipts for the city decreased by 4.9%
from the prior year. However, when adjusted for non-period related payments, the overall economic sales
tax activity in Palo Alto for the year ending in the third quarter of 2024 increased by 0.3%. The primary
drivers of Palo Alto's sales tax increase were the restaurants and new auto sales sectors. Restaurant sales
tax revenue rose by 6.1%, representing 16.4% of the city's total sales tax. Year-over-year, new auto sales
grew by 9.4%, contributing 15.4% to the total sales tax revenue.
Same quarter sales tax cash receipts decreased by 4.2% in California from Q3 2023 to Q2 2024. The Palo
Alto citywide sales tax cash receipts decreased by 15.3% over the Q3 2023 to Q2 2024 period. Key reasons
for the Palo Alto decrease during this period were: 1) Decrease in the business services segment, 2)
Decrease in furniture & appliance stores (mainly electronics stores) from Q3 2023 to Q3 2024 by 19.4%,
3) Decrease in the leasing segment of 11.5% which comprises 19.4% of the total sales tax for the city.
According to the California New Car Dealers Association (CNCDA), California’s new light vehicle
registrations fell by 1.7% in 2024Q3.
Item 10
Attachment A - 2024 Q3
Sales Tax Digest Summary
Item 10: Staff Report Pg. 2 Packet Pg. 227 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 2
% of Total / % Change Palo Alto California
Statewide S.F. Bay Area Sacramento
Valley Central Valley South Coast Inland Empire North Coast
General Retail 26.8 / 2.8 28.7 / -0.5 23.4 / -3.0 28.1 / -4.5 38.6 / 4.5 27.2 / -0.6 35.5 / -1.1 27.0 / -1.2
Food Products 18.2 / 5.4 21.6 / 0.1 23.6 / -0.9 17.1 / -0.4 14.9 / 0.8 23.6 / 0.9 18.1 / -3.6 18.8 / 1.8
Transportation 19.1 / 6.1 22.8 / -7.4 19.4 / -4.7 26.6 / -3.9 21.8 / -5.4 23.5 / -8.0 22.9 / -13.3 28.2 / -3.2
Business to Business 31.6 / -11.7 16.0 / -2.6 22.1 / -2.8 14.5 / -4.6 14.6 / -1.3 15.7 / -1.5 10.6 / -10.6 10.5 / 4.3
Misc/Other 4.3 / 67.4 10.8 / -1.9 11.6 / -3.3 13.6 / -0.8 10.3 / -4.2 10.0 / -0.1 12.9 / -6.1 15.5 / -1.8
Total 100.0 / 0.3 100.0 / -2.5 100.0 / -2.9 100.0 / -3.2 100.0 / -0.1 100.0 / -2.2 100.0 / -6.3 100.0 / -0.8
Palo Alto California
Statewide S.F. Bay Area Sacramento
Valley Central Valley South Coast Inland Empire North Coast
Largest Segment Leasing Restaurants Restaurants Restaurants Miscellaneous
Retail Restaurants Miscellaneous
Retail Restaurants
% of Total / % Change 19.4 / -11.5 15.7 / 0.8 17.6 / 0.1 11.7 / -0.2 17.1 / 15.7 17.5 / 1.4 18.5 / 4.4 12.0 / 3.2
2nd Largest Segment Restaurants Auto Sales -
New Auto Sales - New Miscellaneous
Retail Department Stores Auto Sales -
New Restaurants Department
Stores
% of Total / % Change 16.4 / 6.1 10.8 / -9.2 9.4 / -4.2 11.3 / -6.0 10.8 / -0.6 11.9 / -10.7 11.8 / -2.1 11.3 / 4.3
3rd Largest Segment Auto Sales - New Miscellaneous
Retail
Office
Equipment
Auto Sales -
New Restaurants Miscellaneous
Retail Auto Sales - New Auto Sales - New
% of Total / % Change 15.4 / 9.4 10.8 / 6.3 7.8 / 3.1 11.1 / -6.5 10.1 / 1.7 9.3 / 6.3 10.7 / -10.6 10.7 / -7.0
ECONOMIC CATEGORY ANALYSIS FOR YEAR ENDED 3rd Quarter 2024
ECONOMIC SEGMENT ANALYSIS FOR YEAR ENDED 3rd Quarter 2024
Regional Overview
The first chart on page two shows adjusted economic benchmark year amounts, which shows the year
ended third quarter of 2024 compared to the year ended third quarter of 2023 (benchmark years are
rolling annual comparisons through the current quarter). The growth rates are different between the
state and Palo Alto because the sales tax from businesses in Palo Alto performed better overall than the
statewide average.
Regional Overview Chart (Economic)
BENCHMARK YEAR 2024Q3 COMPARED TO BENCHMARK YEAR 2023Q3
Item 10
Attachment A - 2024 Q3
Sales Tax Digest Summary
Item 10: Staff Report Pg. 3 Packet Pg. 228 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 3
Leasing
19.4%
Restaurants
16.4%
Auto Sales -New
15.4%
Office Equipment
7.3%Apparel Stores
6.8%
All Other
34.7%
Net Pools & Adjustments
17.4%
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
Quarterly Benchmark Year
Gross Historical Sales Tax Cash Receipts by Benchmark Year and Quarter (Before Adjustments)
Net Cash Receipts for Benchmark Year third Quarter 2024: $34,898,056
*Benchmark year (BMY) is the sum of the current and 3 previous quarters (2024Q3 BMY is sum of 2024 Q3, 2024 Q2, 2024 Q1, 2023 Q4)
Item 10
Attachment A - 2024 Q3
Sales Tax Digest Summary
Item 10: Staff Report Pg. 4 Packet Pg. 229 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 4
2021Q4 2022Q1 2022Q2 2022Q3 2022Q4 2023Q1 2023Q2 2023Q3 2023Q4 2024Q1 2024Q2 2024Q3
Quarter
Over
Quarter
Total County Pool 29,997,846 25,393,878 25,989,159 28,701,701 29,548,556 24,937,663 27,690,772 22,345,960 24,427,230 25,411,165 25,387,888 23,265,567 4.1%
Jurisdiction Share 1,778,529 1,533,345 1,426,551 1,683,544 1,817,421 1,499,631 1,755,562 1,489,193 1,638,965 1,523,986 1,611,681 1,377,891 -7.5%
Jurisdiction % of Total 5.9%6.0%5.5%5.9%6.2%6.0%6.3%6.7%6.7%6.0%6.3%5.9%
Anderson Honda Macy's Department Store Shreve & Co.
Apple Stores Magnussen's Toyota Stanford Health Care
Arco AM/PM Mini Marts Neiman Marcus Tesla
Audi Palo Alto Nordstrom Department Store Tesla Lease Trust
Bloomingdale's Restoration Hardware Tiffany & Company
Brilliant Earth Richemont Union 76 Service Stations
Hermes Sephora Varian Medical Systems
HP Enterprise Services Shell Service Stations Volvo Cars Palo Alto
Louis Vuitton
County Pool Results
The California sales tax system is referred to as a ‘sales and use tax’ system which covers both sales tax
and ‘use tax’. The County Pool revenues largely reflect use tax from qualifying transactions that do not
involve a California based point of sale. Businesses report their use tax quarterly based on business activity
conducted throughout the county. The County Pool is distributed each quarter based upon a formula
where the jurisdiction’s quarterly percentage is based upon its total sales tax receipts for the quarter as a
percentage of all sales tax receipts for all jurisdictions within the county. Thus, if local business activity
(sales tax receipts) within Palo Alto increases in the quarter relative to the rest of the county, then the
Palo Alto County pool percentage also will increase for the quarter compared to the rest of the county.
The total county pool is multiplied by the city’s quarterly percentage to determine the jurisdiction share
each quarter.
In the third quarter of 2024, cash receipts for the overall County Pool increased by 4.1% from the same
quarter in the prior year. The City’s share of the County Pool decreased to 5.9%. The City’s revenues from
the County Pool decreased from $1,489,193 in 2023Q3 to $1,377,891 in 2024Q3.
TOP 25 SALES/USE TAX CONTRIBUTORS
The following list identifies Palo Alto’s Top 25 Sales/Use Tax contributors. The list is in alphabetical order
and represents the year ended third quarter of 2024. The Top 25 Sales/Use Tax contributors generate
60.1% of Palo Alto’s total sales and use tax revenue.
Item 10
Attachment A - 2024 Q3
Sales Tax Digest Summary
Item 10: Staff Report Pg. 5 Packet Pg. 230 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 5
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Benchmark Year 2024Q3 Benchmark Year 2023Q3
Sales Tax from Largest Non-Confidential Sales Tax Segments (Economic)
Item 10
Attachment A - 2024 Q3
Sales Tax Digest Summary
Item 10: Staff Report Pg. 6 Packet Pg. 231 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 6
Economic Category % 2024Q3 2024Q2 2024Q1 2023Q4 2023Q3 2023Q2 2023Q1 2022Q4 2022Q3 2022Q2 2022Q1
Business To Business 27.4%2,228,773 2,366,493 2,373,414 2,262,034 2,619,833 2,439,519 2,350,567 2,571,178 2,194,817 2,095,020 2,031,199
Miscellaneous/Other 20.7%1,682,849 1,595,196 1,951,428 1,870,170 1,546,096 1,302,322 1,517,005 1,597,816 1,724,861 1,701,538 1,687,189
General Retail 22.5%1,828,014 2,044,006 1,739,261 2,315,882 1,834,297 2,017,885 1,640,927 2,305,038 1,802,777 1,920,316 1,639,417
Food Products 16.6%1,349,524 1,394,270 1,288,207 1,348,051 1,277,173 1,349,926 1,195,458 1,260,287 1,230,824 1,227,240 1,018,577
Subtotal Economic (Local Business)87.3%7,089,160 7,399,964 7,128,134 7,877,395 7,601,473 7,353,426 6,489,274 7,653,508 6,826,234 6,967,438 6,390,731
Net Pools & Adjustments 12.7%1,033,269 1,359,165 1,143,798 1,867,172 1,986,175 2,084,763 1,586,938 1,935,580 1,862,181 686,044 1,721,924
Total Cash Receipts 100.0%8,122,429 8,759,129 9,744,567 9,587,647 9,438,189 8,076,212 9,589,088 8,688,414 7,653,481 8,112,655 8,995,580
Economic Segment % 2024Q3 2024Q2 2024Q1 2023Q4 2023Q3 2023Q2 2023Q1 2022Q4 2022Q3 2022Q2 2022Q1
Miscellaneous/Other 50.1%4,070,462 4,102,841 4,114,784 4,409,850 4,635,983 4,197,978 3,818,384 4,490,992 4,087,158 4,008,008 3,949,786
Restaurants 15.1%1,222,917 1,259,885 1,162,863 1,214,598 1,154,189 1,214,502 1,073,621 1,114,637 1,102,248 1,093,944 902,707
Miscellaneous Retail 6.3%512,154 582,600 489,040 689,939 480,649 512,077 448,322 545,797 381,616 479,710 432,956
Apparel Stores 5.9%480,138 531,926 440,402 586,863 478,973 509,894 423,470 538,573 435,730 495,508 392,724
Department Stores 5.3%432,925 501,499 411,345 549,893 435,388 492,374 356,626 533,032 423,601 454,349 367,144
Service Stations 2.5%201,591 226,411 198,584 214,900 229,911 222,029 192,723 215,640 233,387 250,715 191,755
Food Markets 1.4%111,242 114,071 107,031 112,372 103,251 111,465 101,978 116,810 99,811 104,253 91,634
Business Services 0.7%57,730 80,732 204,085 98,980 83,130 93,106 74,150 98,027 62,683 80,950 62,025
Subtotal Economic (Local Business)87.3%7,089,160 7,399,964 7,128,134 7,877,395 7,601,473 7,353,426 6,489,274 7,653,508 6,826,234 6,967,438 6,390,731
Net Pools & Adjustments 12.7%1,033,269 1,359,165 1,143,798 1,867,172 1,986,175 2,084,763 1,586,938 1,935,580 1,862,181 686,044 1,721,924
Total Cash Receipts 100.0%8,122,429 8,759,129 8,271,932 9,744,567 9,587,647 9,438,189 8,076,212 9,589,088 8,688,414 7,653,481 8,112,655
Historical Analysis by Calendar Quarter
The chart above shows the categories and segments in quarterly economic basis amounts. The total amount is the net cash receipts, and it was obtained by
adding up the categories/segments with the “Net Pools & Adjustments” amount.
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 7 Packet Pg. 232 of 240
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Economic Category % 2024Q3 2023Q3 2022Q3 2021Q3 2020Q3 2019Q3 2018Q3 2017Q3 2016Q3 2015Q3
Business To Business 27.0%9,409,451 10,658,399 8,712,755 7,087,926 8,172,606 8,199,294 6,134,717 5,533,647 5,274,809 4,252,574
Miscellaneous/Other 19.9%6,961,240 6,120,140 6,727,169 6,508,810 5,535,929 8,213,925 7,119,613 6,064,826 6,044,638 5,688,670
General Retail 22.8%7,951,680 7,724,613 7,714,659 6,210,285 5,183,026 7,805,483 8,439,325 8,410,519 8,236,289 8,097,906
Food Products 15.5%5,400,768 5,123,356 4,644,919 3,232,436 3,381,949 4,913,041 4,799,343 4,641,768 4,622,737 4,411,228
Subtotal Economic (Local Business)85.2%29,723,139 29,626,508 27,799,502 23,039,457 22,273,510 29,131,744 26,492,998 24,650,760 24,178,472 22,450,377
Net Pools & Adjustments 14.8%5,174,917 7,064,628 5,650,629 5,335,960 5,584,640 5,795,256 5,477,338 4,896,303 4,110,537 4,197,233
Total 100.0%34,898,056 36,691,136 33,450,131 28,375,417 27,858,150 34,927,000 31,970,336 29,547,063 28,289,009 26,647,610
Economic Segment % 2024Q3 2023Q3 2022Q3 2021Q3 2020Q3 2019Q3 2018Q3 2017Q3 2016Q3 2015Q3
Miscellaneous/Other 48.8%17,026,234 17,655,728 16,111,013 14,552,822 14,487,702 17,353,941 14,616,791 12,927,904 12,448,262 11,026,468
Restaurants 14.0%4,879,675 4,599,238 4,130,986 2,791,240 2,901,446 4,336,770 4,197,250 4,040,242 4,021,277 3,835,898
Miscellaneous Retail 6.6%2,313,855 1,894,326 2,029,037 1,754,193 1,231,667 1,658,326 1,688,886 2,034,461 1,992,497 1,520,014
Apparel Stores 5.8%2,020,119 1,952,957 1,873,244 1,433,251 1,195,735 1,951,720 1,931,669 1,721,857 1,631,712 1,656,560
Department Stores 5.4%1,895,662 1,817,587 1,774,002 1,326,441 1,014,928 1,842,137 2,085,700 2,032,059 2,188,368 2,402,334
Service Stations 2.4%842,904 865,212 867,158 566,228 505,648 693,546 671,528 601,794 554,825 668,928
Business Services 0.9%297,214 403,012 609,273 270,340 550,611 845,279 819,074 790,083 832,423 839,442
Food Markets 1.3%447,477 438,449 404,790 344,944 385,774 450,026 482,100 502,359 509,109 500,731
Subtotal Economic (Local Business)85.2%29,723,139 29,626,508 27,799,502 23,039,457 22,273,510 29,131,744 26,492,998 24,650,760 24,178,472 22,450,377
Net Pools & Adjustments 14.8%5,174,917 7,064,628 5,650,629 5,335,960 5,584,640 5,795,256 5,477,338 4,896,303 4,110,537 4,197,233
Total 100.0%34,898,056 36,691,136 33,450,131 28,375,417 27,858,150 34,927,000 31,970,336 29,547,063 28,289,009 26,647,610
Historical Analysis by Calendar BMY from 2015Q3 to 2024Q3
The chart above shows the categories and segments in benchmark year economic basis amounts. The total amount is the net cash receipts, and it was obtained
by adding up the categories/segments with the “Net Pools & Adjustments” amount. Benchmark year (BMY) is the sum of the current and 3 previous quarters
(2024Q3 BMY is sum of 2024 Q3, 2024 Q2, 2024 Q1, 2023 Q4).
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 8 Packet Pg. 233 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 8
General Retail
Food Products
Transportation
Business to Business
Misc/Other
2024/3 Total
2023/3 Total
% Chg
Largest Gain
Second Largest
Gain
Largest Decline
Second Largest
Decline
Campbell -11.3%0.7%-10.5%-20.8%0.4%2,456,006 2,633,247 -6.7%Misc. Vehicle Sales Business Services I.T. Infrastructure Service Stations
Cupertino -2.5%1.1%-13.6%-1.5%20.9%8,532,895 8,677,066 -1.7%I.T. Infrastructure Restaurants Office Equipment Service Stations
Gilroy -2.5%2.9%-21.3%-22.8%-2.6%4,059,859 4,510,162 -10.0%Restaurants Food Processing Eqp Auto Sales - New Heavy Industry
Los Altos -2.0%4.2%-5.3%31.1%11.2%630,304 610,116 3.3%Restaurants Business Services Service Stations Furniture/Appliance
Los Gatos -0.8%3.9%-17.0%-5.4%-12.8%1,378,194 1,441,499 -4.4%Bldg.Matls-Retail Restaurants Auto Sales - New Miscellaneous Other
Milpitas 5.3%-2.2%-11.1%-0.4%8.0%5,835,243 5,897,063 -1.0%Electronic Equipment Apparel Stores Service Stations Office Equipment
Morgan Hill -1.1%-1.0%-11.8%-32.9%-3.1%2,506,473 2,801,356 -10.5%Office Equipment Chemical Products Energy Sales Auto Sales - New
Mountain View -2.5%2.1%-3.3%-10.2%-10.4%4,265,412 4,351,154 -2.0%Auto Parts/Repair Restaurants Service Stations Auto Sales - New
Palo Alto -0.3%3.8%-19.4%-22.5%55.3%7,099,512 7,882,388 -9.9%Light Industry Bldg.Matls-Retail Leasing Auto Sales - New
San Jose -5.0%0.4%-12.6%-9.9%0.7%47,059,949 50,440,764 -6.7%Green Energy Electronic Equipment Office Equipment Auto Sales - New
Santa Clara 1.9%1.3%-9.8%44.0%17.7%15,423,467 12,944,686 19.1%Office Equipment Electronic Equipment Auto Sales - New Light Industry
County of Santa Clara -1.5%5.1%-14.5%11.0%3.3%1,329,342 1,313,289 1.2%Restaurants Electronic Equipment Auto Sales - Used Food Markets
Saratoga -5.8%3.2%-6.4%-18.7%112.0%284,436 273,963 3.8%Bldg.Matls-Whsle Restaurants Office Equipment Service Stations
Sunnyvale -18.2%3.4%-5.9%9.6%-29.4%7,768,657 7,980,480 -2.7%Light Industry Business Services Miscellaneous Retail Heavy Industry
Quarterly Analysis by Sales Tax Category: Change from 2023Q3 to 2024Q3 (Economic)
Unlike the chart on page one which showed a ‘benchmark year’ through the third quarter of 2024, the chart above shows a comparison of one quarter only –
third quarter of 2024 to third quarter of 2023. This chart is for local ‘brick and mortar’ businesses, and it excludes county pools and adjustments.
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 9 Packet Pg. 234 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 9
California Avenue % CHANGE QoQ 2024Q3 QE 2023Q3 QE 24Q3 % OF TOTAL 23Q3 % OF TOTAL
FOOD PRODUCTS 3.7%99,685 96,166 60.3%58.8%
GENERAL RETAIL -6.3%25,015 26,707 15.1%16.3%
ALL OTHER 0.0%40,546 40,554 24.5%24.8%
TOTAL 1.1%165,246 163,427 100.0%100.0%
El Camino Real and Midtown % CHANGE QoQ 2024Q3 QE 2023Q3 QE 24Q3 % OF TOTAL 23Q3 % OF TOTAL
FOOD PRODUCTS -4.6%150,795 157,992 30.4%25.9%
GENERAL RETAIL -5.0%32,996 34,739 6.6%5.7%
ALL OTHER -25.1%312,884 417,586 63.0%68.4%
TOTAL -18.6%496,674 610,317 100.0%100.0%
Greater Downtown % CHANGE QoQ 2024Q3 QE 2023Q3 QE 24Q3 % OF TOTAL 23Q3 % OF TOTAL
FOOD PRODUCTS -0.9%523,951 528,808 64.0%64.4%
GENERAL RETAIL -6.4%225,935 241,261 27.6%29.4%
BUSINESS TO BUSINESS 30.5%40,964 31,378 5.0%3.8%
CONSTRUCTION 100.4%17,488 8,725 2.1%1.1%
MISCELLANEOUS -3.6%7,555 7,837 0.9%1.0%
TRANSPORTATION -0.8%3,305 3,331 0.4%0.4%
TOTAL -0.3%819,198 821,340 100.0%100.0%
Stanford Shopping Center % CHANGE QoQ 2024Q3 QE 2023Q3 QE 24Q3 % OF TOTAL 23Q3 % OF TOTAL
GENERAL RETAIL -6.5%1,237,757 1,324,378 79.9%76.2%
FOOD PRODUCTS 0.7%159,404 158,284 10.3%9.1%
ALL OTHER -40.5%151,885 255,414 9.8%14.7%
TOTAL -10.9%1,549,046 1,738,075 100.0%100.0%
City of Palo Alto Geo Areas & Citywide Chart Data: Change from 2023Q3 to 2024Q3 (Economic)
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 10 Packet Pg. 235 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 10
Town And Country Shopping Center % CHANGE QoQ 2024Q3 QE 2023Q3 QE 24Q3 % OF TOTAL 23Q3 % OF TOTAL
FOOD PRODUCTS 1.4%114,338 112,781 62.7%60.8%
GENERAL RETAIL -2.6%67,994 69,832 37.3%37.6%
ALL OTHER -97.8%64 2,892 0.0%1.6%
TOTAL -1.7%182,396 185,505 100.0%100.0%
All Other Geos combined with Balance of Jurisdiction % CHANGE QoQ 2024Q3 QE 2023Q3 QE 24Q3 % OF TOTAL 23Q3 % OF TOTAL
BUSINESS TO BUSINESS -23.3%2,041,438 2,661,080 32.7%36.6%
GENERAL RETAIL -6.7%1,653,138 1,771,654 26.5%24.4%
TRANSPORTATION -19.4%1,312,722 1,628,437 21.0%22.4%
FOOD PRODUCTS 0.5%1,142,365 1,136,411 18.3%15.6%
MISCELLANEOUS 30.9%65,461 49,999 1.0%0.7%
CONSTRUCTION 23.5%31,641 25,618 0.5%0.4%
TOTAL -14.1%6,246,766 7,273,199 100.0%100.0%
All Geo Areas Total Comparison 24Q3 & 23Q3 % CHANGE QoQ 2024Q3 QE 2023Q3 QE 24Q3 % OF TOTAL 23Q3 % OF TOTAL
Balance of Jurisdiction -19.2%3,034,205 3,754,534 48.6%51.6%
Stanford Shopping Center -10.9%1,549,046 1,738,075 24.8%23.9%
Greater Downtown -0.3%819,198 821,340 13.1%11.3%
El Camino Real and Midtown -18.6%496,674 610,317 8.0%8.4%
Town And Country Shopping Center -1.7%182,396 185,505 2.9%2.6%
California Avenue 1.1%165,246 163,427 2.6%2.2%
TOTAL -14.1%6,246,766 7,273,199 100.0%100.0%
Palo Alto citywide QE 24Q3 & 23Q3 % CHANGE QoQ 2024Q3 QE 2023Q3 QE 24Q3 % OF TOTAL 23Q3 % OF TOTAL
BUSINESS TO BUSINESS -22.5%2,228,773 2,874,003 31.4%36.5%
GENERAL RETAIL -0.3%1,828,014 1,833,119 25.7%23.3%
FOOD PRODUCTS 3.8%1,349,524 1,300,141 19.0%16.5%
TRANSPORTATION -19.4%1,315,686 1,632,093 18.5%20.7%
MISCELLANEOUS 28.2%263,509 205,604 3.7%2.6%
CONSTRUCTION 204.6%114,006 37,427 1.6%0.5%
TOTAL -9.9%7,099,512 7,882,388 100.0%100.0%
City of Palo Alto Geo Areas & Citywide Chart Data: Change from 2023Q3 to 2024Q3 (Economic) Cont.
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 11 Packet Pg. 236 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 11
FOOD PRODUCTS, 3.7% CHANGE, $99,685 ,
60.3% TOTAL
GENERAL RETAIL,
-6.3% CHANGE, $25,015 ,
15.1% TOTAL
ALL OTHER,
0.0% CHANGE, $40,546 ,
24.5% TOTAL
California Avenue 2024Q3 SALES TAX AMOUNTS
FOOD PRODUCTS, $96,166 , 58.8%TOTAL
GENERAL RETAIL,
$26,707 , 16.3%TOTAL
ALL OTHER, $40,554 , 24.8%TOTAL
California Avenue 2023Q3 SALES TAX AMOUNTS
FOOD PRODUCTS,
-4.6%CHANGE, $150,795 ,
30.4%TOTAL
GENERAL RETAIL,
-5.0% CHANGE, $32,996 ,
6.6%TOTAL
ALL OTHER,
-25.1% CHANGE,
$312,884 ,
63.0%TOTAL
El Camino Real and Midtown 2024Q3 SALES TAX AMOUNTS
FOOD PRODUCTS, $157,992 ,
25.9%TOTAL
GENERAL RETAIL,
$34,739, 5.7%TOTAL
ALL OTHER, $417,586
68.4%TOTAL
El Camino Real and Midtown 2023Q3SALES TAX AMOUNTS
City of Palo Alto Geo Area Pie Charts
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 12 Packet Pg. 237 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 12
FOOD PRODUCTS,
-0.9%CHANGE, $523,951 ,
64.0%TOTAL
GENERAL RETAIL,
-6.4% CHANGE, $225,935 ,
27.6%TOTAL
BUSINESS TO BUSINESS,
30.5% CHANGE, $40,964 ,
5.0%TOTAL
CONSTRUCTION,
100.4% CHANGE, $17,488 ,
2.1%TOTAL
MISCELLANEOUS,
-3.6% CHANGE, $7,555 ,
0.9%TOTAL
TRANSPORTATION,
-0.8% CHANGE, $3,305 ,
0.4%TOTAL
Greater Downtown 2024Q3 SALES TAX AMOUNTS
FOOD PRODUCTS,
$528,808 , 64.4%TOTAL
GENERAL RETAIL,
$241,261 , 29.4%TOTAL
BUSINESS TO BUSINESS,
$31,378 , 3.8%TOTAL
CONSTRUCTION, $8,725 ,
1.1%TOTAL
MISCELLANEOUS, $7,837 ,
1.0%TOTAL TRANSPORTATION, $3,331 ,
0.4%TOTAL
Greater Downtown 2023Q3 SALES TAX AMOUNTS
GENERAL RETAIL
$1,324,378 , 76.2%TOTAL
FOOD PRODUCTS, $158,284 ,
9.1%TOTAL
ALL OTHER, $255,414 ,
14.7%TOTAL
Stanford Shopping Center 2023Q3 SALES TAX AMOUNTS
GENERAL RETAIL,
-6.5% CHANGE, $1,237,757 , 79.9%TOTALFOOD PRODUCTS,
0.7% CHANGE, $159,404 ,
10.3%TOTAL
ALL OTHER, -40.5% CHANGE,
$151,885 , 9.8%TOTAL
Stanford Shopping Center 2024Q3 SALES TAX AMOUNTS
City of Palo Alto Geo Areas Pie Charts
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 13 Packet Pg. 238 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 13
FOOD PRODUCTS,
1.4%CHANGE, $114,338 ,
62.7%TOTAL
GENERAL RETAIL,
-2.6% CHANGE, $67,994 ,
37.3%TOTAL
ALL OTHER, -97.8% CHANGE, $64 , 0.0%TOTAL
Town And Country Shopping Center 2024Q3 SALES TAX AMOUNTS
FOOD PRODUCTS,
$112,781 ,
60.8%TOTAL
GENERAL RETAIL,
$69,832 ,
37.6%TOTAL
ALL OTHER, $2,892 , 1.6%TOTAL
Town And Country Shopping Center 2023Q3 SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
-23.3%CHANGE,
$2,041,438 ,
32.7%TOTAL
GENERAL RETAIL,
-6.7% CHANGE, $1,653,138,
26.5% TOTAL
TRANSPORTATION,
-19.4% CHANGE, $1,312,722,
21.0% TOTAL
FOOD PRODUCTS,
0.5% CHANGE, $1,142,365 ,
18.3%TOTAL
MISCELLANEOUS, 30.9% CHANGE,
$65,461 , 1.0%TOTAL
CONSTRUCTION,
23.5% CHANGE, $31,641 ,
0.5%TOTAL
All Other Geos combined with Balance of Jurisdiction 2024Q3
SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
$2,661,080 , 36.6%TOTAL
GENERAL RETAIL, $1,771,654,
24.4% TOTAL
TRANSPORTATION,
$1,628,437 ,
FOOD PRODUCTS,
$1,136,411 ,
MISCELLANEOUS,
$49,999 , 0.7%TOTAL
CONSTRUCTION, $25,618
, 0.4%TOTAL
All Other Geos combined with Balance of Jurisdiction 2023Q3
SALES TAX AMOUNTS
City of Palo Alto Geo Area Pie Charts
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 14 Packet Pg. 239 of 240
City of Palo Alto
www.avenuinsights.com (800) 800-8181 Page 14
Balance of Jurisdiction,
-19.2%CHANGE,
$3,034,205 ,
48.6%TOTAL
Stanford Shopping Center,
-10.9% CHANGE, $1,549,046 , 24.8%TOTAL
Greater Downtown,
-0.3% CHANGE, $819,198 ,13.1%TOTAL
El Camino Real and Midtown,
-18.6% CHANGE, $496,674 ,
8.0%TOTAL
Town And Country Shopping Center,
-1.7% CHANGE, $182,396 , 2.9%TOTAL California Avenue, 1.1% CHANGE,
$165,246 , 2.6%TOTAL
All Geo Area Totals 2024Q3 SALES TAX AMOUNTS
Balance of Jurisdiction,
$3,754,534 , 51.6%TOTAL
Stanford Shopping Center,
$1,738,075 , 23.9%TOTAL
Greater Downtown,
$821,340 , 11.3%TOTAL
El Camino Real and Midtown,
$610,317 , 8.4%TOTAL
Town And Country Shopping Center,
$185,505 , 2.6%TOTAL California Avenue,
$163,427 , 2.2%TOTAL
All Geo Area Totals 2023Q3SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
-22.5%CHANGE, $2,228,773 , 31.4%TOTAL
GENERAL RETAIL,
-0.3% CHANGE, $1,828,014 ,
25.7%TOTAL
FOOD PRODUCTS,
3.8% CHANGE,
$1,349,524 ,
19.0%TOTAL
TRANSPORTATION,
-19.4% CHANGE,
$1,315,686 ,
18.5%TOTAL
MISCELLANEOUS, 28.2% CHANGE,
$263,509 , 3.7%TOTAL
CONSTRUCTION,
204.6% CHANGE, $114,006 ,
1.6%TOTAL
Palo Alto citywide 2024Q3 SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
$2,874,003 , 36.5%TOTAL
GENERAL RETAIL,
$1,833,119 ,
23.3%TOTAL
FOOD PRODUCTS,
$1,300,141 ,
16.5%TOTAL
TRANSPORTATION,
$1,632,093 20.7%TOTAL
MISCELLANEOUS, $205,604 ,
2.6%TOTAL CONSTRUCTION, $37,427 ,
0.5%TOTAL
Palo Alto citywide 2023Q3 SALES TAX AMOUNTS
City of Palo Alto Geo Area & Citywide Pie Charts
Item 10
Attachment A - 2024 Q3 Sales Tax
Digest Summary
Item 10: Staff Report Pg. 15 Packet Pg. 240 of 240