HomeMy WebLinkAbout2014-01-27 City Council Agenda PacketCITY OF PALO ALTO
CITY COUNCIL Special Meeting
Council Chambers
January 27, 2014
6:00 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the
Council Chambers on the Thursday preceding the meeting.
1 January 27, 2014
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DURING NORMAL BUSINESS HOURS.
PUBLIC COMMENT
Members of the public may speak to agendized items; up to three minutes per speaker, to be
determined by the presiding officer. If you wish to address the Council on any issue that is on this
agenda, please complete a speaker request card located on the table at the entrance to the Council
Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give
your name on the speaker card in order to speak to the Council, but it is very helpful.
TIME ESTIMATES
Time estimates are provided as part of the Council's effort to manage its time at Council meetings.
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. To ensure participation in a particular item, we suggest
arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW
Applications and/or appellants may have up to ten minutes at the outset of the public discussion to
make their remarks and up to three minutes for concluding remarks after other members of the public
have spoken.
Call to Order
Closed Session 6:00-7:00 PM
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
California Government Code Section 54956.8
Property: U.S. Post Office, 380 Hamilton Avenue, Palo Alto 94301
Agency Negotiators: James Keene, Lalo Perez, Hamid Ghaemmaghami,
Joe Saccio, Hillary Gitelman, Aaron Aknin, Meg Monroe, Molly Stump,
Cara Silver
Negotiating Parties: City of Palo Alto and United States Post Office
Under Negotiation: Purchase: Price and Terms of Payment
Special Orders of the Day 7:00-7:10 PM
2. Resolution of the Council of the City of Palo Alto Expressing
Appreciation to Alison Williams on her Retirement
2 January 27, 2014
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PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Agenda Changes, Additions and Deletions
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the
public discussion to make their remarks and put up to three minutes for concluding remarks after other members of
the public have spoken.
OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be
limited to a maximum of three minutes per speaker.
City Manager Comments 7:10-7:20 PM
Council Member Questions, Comments and Announcements 7:20-7:35 PM
Members of the public may not speak to the item(s)
Oral Communications 7:35-7:50 PM
Members of the public may speak to any item not on the agenda. Council reserves the right to limit the duration of
Oral Communications period to 30 minutes.
Minutes Approval 7:50-7:55 PM
December 16, 2013
Consent Calendar 7:55-8:00 PM
Items will be voted on in one motion unless removed from the calendar by three Council Members.
3. Approval of the Renewal of a Public-Private Partnership Agreement
Between the City of Palo Alto and West Bay Opera for the Use of the
Lucie Stern Community Theatre
4. Approval of the Renewal of a Public-Private Partnership Agreement
Between the City of Palo Alto and TheatreWorks for the Use of the Lucie
Stern Community Theatre
5. Approval of an Amendment to the Agreement with the Palo Alto
Recreation Foundation, to Include $5,000 Funding to Support the
Coordination of the 2014 World Music Day Event
6. Approval of a Public-Private Partnership Agreement Between the City of
Palo Alto and the Palo Alto Players for the Cooperative Use of the Lucie
Stern Community Theatre
7. Approval of a Five-Year Contract with Accela, Inc. for Software
Maintenance for Accela Citizen Access and Accela Automation, Not to
Exceed $658,000
3 January 27, 2014
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
8. Approval of Contract for Professional Services with Waters Consulting
Group, Inc., and Adoption of a Budget Amendment Ordinance In The
Amount Of $98,050 for a Total Compensation Market Study for the
Management & Professional Classifications
9. Appointment of 2014 Emergency Standby Council
10. SECOND READING: Ordinance to Amend Sections 18.04.030
(Definitions), 18.16.060 (CN Zone), 18.18.060 (CD Zone), 18.20.030
(ROLM(E) Zone) and Add Section 18.46 (Reasonable Accommodation)
of Title 18 (Zoning) of Palo Alto Municipal Code to Implement 2007-
2014 Housing Element Programs (First Reading: January 13, 2014
PASSED: 7-2 Klein, Schmid no)
11. SECOND READING: Adoption of an Ordinance for a New Chapter 18.14
(Residential Density Bonus) to Include in Title 18 of the Palo Alto
Municipal Code to Implement Government Code Section 65915 (First
Reading: January 13, 2014 PASSED: 8-1 Klein no)
12. Request for Authorization to Increase Existing Contract with the Law
Firm of Ginn & Crosby by an Additional $135,000 For a Total Contract
Not to Exceed Amount of $200,000 for Legal Services
13. Approval of Amendment No. 2 to the City's Power Purchase Agreement
with Ameresco San Joaquin, LLC to Extend the Landfill Gas Electric
Generating Facility's Commercial Operation Date to April 30, 2014 Upon
Receipt of a $120,000 Administrative Payment
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
8:00-10:00 PM
14. Council Review and Policy Direction to Staff on the Residential Parking
Permit Program Framework (Continued from December 16, 2013)
Adjournment
AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may
contact (650) 329-2550 (Voice) 24 hours in advance.
4 January 27, 2014
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Additional Information
Standing Committee Meetings
Infrastructure Committee Meeting, January 29th at 9:00 AM
City Council Closed Session January 30th at 6:00 PM
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Informational Report
Annual Review of the City Council Procedures and Protocols
City of Palo Alto Investment Activity Report for the Second Quarter, Fiscal
Year 2014
Update on Study and Analysis of a Proposed 60kV Electric Transmission
Connection Between the City, Stanford University and the SLAC National
Accelerator Laboratory
Early Distribution of Final Environmental Impact Report for Palo Alto
Municipal Golf Course Reconfiguration Project and Baylands Athletic
Center Expansion Project
John Barton Information Regarding 27 University Avenue
Public Letters to Council
City of Palo Alto (ID # 4445)
City Council Staff Report
Report Type: Special Orders of the Day Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: Alison Williams Resolution Upon her Retirement
Title: Resolution of the Council of the City of Palo Alto Expressing
Appreciation to Alison Williams on her Retirement
From: City Manager
Lead Department: Community Services
Attachments:
Alison Williams Resolution (DOC)
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO ALISON WILLIAMS
ON HER RETIREMENT FOR OUTSTANDING PUBLIC SERVICE
WHEREAS, Alison Williams has served the City of Palo Alto for the past thirty-three years and
has made significant contributions to the City of Palo Alto in her capacity as Costume Supervisor; and
WHEREAS, Alison Williams has designed, created and built tens of thousands of costumes for the
youth of Palo Alto; has provided her services as an experienced educator; and
WHEREAS, through Alison’s devotion to making the Children’s Theatre productions an excellent
experience for all who participate on stage and off, the Children’s Theatre has been chosen by the
community as Palo Alto Weekly’s “Best Place for Live Entertainment” in 2012 and 2013 and
regularly serves more than 30,000 participants annually; and
WHEREAS, Alison Williams has been an exemplary costume supervisor and mentor, providing
her staff with opportunities to create, grow and succeed by providing a workplace that was
educational, motivational and open to new ideas; and
WHEREAS, Alison Williams is recognized by the community, and parents of local youth for her
professionalism, knowledge and for providing the community with outstanding programs and services;
and
WHEREAS, Alison Williams through her professionalism, wisdom, integrity, creativity, and
humanity, has earned the high esteem of her City of Palo Alto colleagues across departments and
divisions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palo Alto hereby
gratefully records its appreciation, as well as the appreciation of the citizens of this community, for the
outstanding public service rendered by Alison Williams along with our best wishes for a rewarding
and fulfilling life during retirement.
INTRODUCED AND PASSED: January 27, 2014
ATTEST: APPROVED:
___________________ ___________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________ ___________________
City attorney City Manager
City of Palo Alto (ID # 4434)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: West Bay Opera Partnership Agreement
Title: Approval of the Renewal of a Public-Private Partnership Agreement
Between the City of Palo Alto and West Bay Opera for the use of the Lucie
Stern Community Theatre
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that Council approve the renewal of a public-private partnership agreement
between the City of Palo Alto and West Bay Opera for the use of the Lucie Stern Community
Theatre (Attachment A).
Background
The Lucie Stern Community Theatre is used by three local theatre companies which put on
approximately 15 productions annually. West Bay Opera, TheatreWorks and the Palo Alto
Players partner with the Community Services Department to foster the cultural and artistic
needs of Palo Alto residents and visitors. The City and these companies mutually benefit from
continuing this relationship.
West Bay Opera was founded by Henry Holt in 1955. Originally called the Little Opera Guild, the
company began presenting fully staged operatic performances. Under the leadership of Mr.
Holt, who was succeeded by his wife, Maria Holt, and then by the present director, Jose Luis
Moscovich, West Bay Opera has grown steadily. In 1974, the West Bay Orchestra was
established. In 1982, the company acquired space for rehearsals, offices, a costume shop and
storage on Lambert Avenue in Palo Alto. Annually, West Bay Opera presents three fully staged
productions at the Lucie Stern Theatre.
Discussion
City of Palo Alto Page 2
West Bay Opera’s usage of the Lucie Stern Community Theatre is covered by a public-private
partnership agreement (Attachment A). Since production scheduling is done inter-dependently
between the three groups, and the cost of relocating an opera company is prohibitively high,
there exists nearly no opportunity for changing the companies that the Lucie Stern Community
Theatre serves. Therefore, staff recommends that the City Council approve the modification of
the existing public private partnership. The key terms of this agreement are discussed below:
Term: The new agreement is for one year effective from September 1, 2013 until August 31,
2014. Similar agreements are intended to be entered into in subsequent years.
Revenue: In accordance with the Municipal Fee Schedule and in exchange for providing facility
usage, West Bay Opera shall remit to the City a $2.00 surcharge for each ticket sold. This fee is
effectively passed down to patrons and is applied to all subscription, group, individual,
promotional, and other tickets sold. Complimentary tickets are excluded, and the sum of the
surcharge revenue for each production is due to the City within 30 calendar days after the
closing of a production. The City retains roughly $60,000 per year from this ticket surcharge in
total from the three theater group partnerships. Among other functions, the proposed
agreement acts as a revenue contract which governs the application, collection and accounting
of associated revenue.
Responsibilities of City: The contract outlines the responsibilities of the City, using the standard
terms of public-private and joint-venture partnerships, including specifying good delivery terms,
notice requirements for contract termination, and affirming non-discrimination, insurance and
property guidelines. The City is also responsible for allowing and providing access to the Lucie
Stern Community Theatre during designated hours, providing basic maintenance of capital
equipment, monitoring production safety, and providing information regarding other scheduled
facility uses (such as City-sponsored events or private rentals).
Responsibilities of Company: Additionally, the agreement stipulates the responsibilities of the
opera company, including its duty to abide by City and department policies and procedures
(specifically including and as related to, without limitation, conduct in community centers,
injury and illness prevention, sale of alcoholic beverages, operations, building emergency
procedures, zero waste, and facility use). Other responsibilities include timely remittance of
fees and surcharges, requirements for sufficient building supervision/staffing, recording
keeping of ticket sales and surcharge remittance for compliance with audits, and adherence to
standard practices for facility security.
City of Palo Alto Page 3
This renewed agreement is substantially identical to previously negotiated agreements. The
$2.00 ticket surcharge is consistent with the Municipal Fee Schedule adjustments effective
07/01/2012.
Policy Implications
This partnership would be categorized as a Joint Venture partnership under the City’s Public-
Private Partnership Policy (Policy 1-25; Public Private Partnerships; Attachment B). The
partnership with West Bay Opera furthers Policy C-7 of the Community Services element of the
Comprehensive Plan: “Actively work with private, nonprofit, and public community service
organization to avoid duplication and to coordinate the delivery of services like child care,
senior services, and recreation” and Policy G-12 of the Governance element: “Continue and
expand the opportunities for public and nonprofit organizations serving the City to provide
information about themselves to the public.”
Resource Impact
No additional City resources are required and it is anticipated that this partnership will lead to
enhanced program and capital funding over the life of the agreement.
Attachments:
West Bay Opera (PDF)
Public Private Partnership Policy (PDF)
CITY OF PALO ALTO AND WEST BAY OPERA
AGREEMENT
BY THIS AGREEMENT MADE AND ENTERED INTO ON THE 19TH DAY OF SEPTEMBER, 2013
BY AND BETWEEN THE CITY OF PALO ALTO (“CITY”) AND WEST BAY OPERA
(“CORPORATION”), IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
HERETO AGREE AS FOLLOWS:
CORPORATION SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1)
GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN
THE EXHIBITS NAMED BELOW.
EXHIBITS: The following attached exhibits are incorporated herein by this reference. Contract
is not complete unless all exhibits are attached.
Exhibit A: Responsibilities of the Corporation
Exhibit B: Responsibilities of the City
Exhibit C: General Conditions
Exhibit D: Non-Discrimination Form
Exhibit E: Proof of Liability Insurance
TERM: The services and/or materials furnished under this agreement shall commence on
9/1/2013 and shall be completed on or before 09/1/2014.
COMPENSATION: As compensation for the full performance of this agreement,
CORPORATION shall remit fees and surcharges to the CITY in accordance with the prevailing rates set
forth in the CITY”s Municipal Fee Schedule. Such payments include, but are not limited to, those
defined in EXHIBIT A (Section 22) and EXHIBIT C (Section 10) and shall be be subject to the terms and
conditions set forth herein. In consideration of referenced exhibits, attachements, and appendecies, such
compensation shall not exceed fifty thousand dollars ($50,000).
CITY ACCOUNT NUMBER: Fees and surcharges remitted persuant to this agreement shall be
credited to the City’s accounts included in the table below:
REVENUE TYPE COST CENTER - GL ACCT - INTERNAL
ORDER
Ticket Surcharge 80020412 – 15540 - 61205
Facility Attendant 80020512 – 13450 - 61205
INVOICING: Send all invoices to the City of Palo Alto. Such invoices shall be sent to the
attention of the Project Manager.
GENERAL TERMS AND CONDITIONS: General Terms and Conditions are included on page
three of this agreement.
.
HOLD HARMLESS. CORPORATION shall indemnify, defend and hold harmless CITY, its
Council Members, officers, employees, and agents from any and all demands, claims or liability of any
nature, including wrongful death, caused by or arising out of CORPORATION’S, its officers’, directors’,
employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the
law imposes strict liability on CORPORATION in the performance of or failure to perform this
agreement by CORPORATION.
ENTIRE AGREEMENT. This agreement and the terms and conditions on the following pages
represent the entire agreement between the parties with respect to the purchase and sale of the goods,
equipment, materials or supplies or payment for services which may be the subject of this agreement. All
prior agreements, representations, statements, negotiations and undertakings whether oral or written are
superseded hereby.
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND
EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE.
By: ______________________________ Date______________________
José Luis Moscovich
General Director
West Bay Opera
By: ______________________________ Date______________________
Judge Luckey
Manager Arts, Children’s Theatre
Community Services Department
City of Palo Alto
CITY OF PALO ALTO APPROVALS:
CITY DEPARTMENT Funds Have
Been
Budgeted
(1)
PURCHASING &
CONTRACT ADMINISTRATION
INSURANCE REVIEW
(2)
APPROVAL OVER
$25,000
(3) PURCHASING MANAGER
APPROVAL OVER $25,000 APPROVAL OVER $85,000
CITY OF PALO ALTO
BY:_____________________________________
CITY ATTORNEY
ATTEST:
BY:________________________ _______________________
MAYOR CITY CLERK
CITY OF PALO ALTO - GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. This agreement is limited to the terms and
conditions on pages 1, 2, and 3 hereof which includes any exhibits
referenced.
B. GOVERNING LAW. This agreement shall be governed by the
laws of the state of California.
C. INTEREST OF CORPORATION. It is understood and agreed
that this agreement is not a contract of employment in the sense that
the relation of master and servant exists between the CITY and
undersigned. At all times CORPORATION shall be deemed to be an
independent contractor and CORPORATION is not authorized to
bind CITY to any contracts or other obligations. In executing this
agreement, CORPORATION certifies that no one who has or will
have any financial interest under this agreement is an officer or
employee of CITY.
D. INSURANCE. CORPORATION agrees to provide the
insurance specified in the “Insurance Requirements” form attached
hereto as Exhibit C. In the event CORPORATION is unable to
secure a policy endorsement naming the City of Palo Alto as an
additional insured under any comprehensive general liability or
comprehensive automobile policy or policies, CORPORATION shall
at a minimum, and only with the written approval of City’s Risk
Manager or designee, cause each such insurance policy obtained by
it to contain an endorsement providing that the insurer waives all
right of recovery by way of subrogation against CITY, its officers,
agents, and employees in connection with any damage, claim,
liability personal injury, or wrongful death covered by any such
policy. Each such policy obtained by CORPORATION shall contain
an endorsement requiring thirty (30) days' written notice from the
insurer to CITY before cancellation or reduction in the coverage or
limits of such policy. CORPORATION shall provide certificates of
such policies or other evidence of coverage satisfactory to City's Risk
Manager, together with evidence of payment of premiums, to CITY
at the commencement of this agreement, and on renewal of the
policy, or policies, not later than twenty (20) days before expiration
of the terms of any such policy.
E. TERMINATION. This agreement may be terminated by CITY
upon ten (10) days written notice to CORPORATION. Monies then
owing based upon work satisfactorily accomplished shall be paid to
CORPORATION.
F. CHANGES. This agreement shall not be assigned or transferred
without the written consent of the CITY. No changes or variations of
any kind are authorized without the written consent of the City
Manager or his or her designee.
G. AUDITS. CORPORATION agrees to permit CITY to audit, at
any reasonable time during the term of this agreement and for three
(3) years thereafter, CORPORATION'S records pertaining to matters
covered by this agreement. CORPORATION further agrees to
maintain such records for at least three (3) years after the term of this
agreement.
H. NO IMPLIED WAIVER. No payment, partial payment,
acceptance, or partial acceptance by CITY shall operate as a waiver
on the part of CITY of any of its rights under this agreement.
I. CITY'S PROPERTY. Title to CITY’s property furnished to
CORPORATION shall remain in the CITY. CORPORATION shall
not alter or use property for any purpose, other than that specified by
CITY, or for any other person without the prior written consent of
CITY. CORPORATION shall store, protect, preserve, repair and
maintain such property in accordance with sound professional
practice, all at CORPORATION’s expense.
J. NON-DISCRIMINATION. No discrimination shall be made in
the employment of persons under this agreement because of the race,
color, national origin, age, ancestry, religion or sex of such person.
CORPORATION agrees to meet all requirements of the Palo Alto
Municipal Code pertaining to nondiscrimination in employment,
including completing the NonDiscrimination Compliance Form,
attached hereto as Exhibit D, and incorporated herein by this
reference.
K. WARRANTY. CORPORATION expressly warrants that all
materials and services covered by this agreement shall conform to the
specifications, requirements, instructions, or other descriptions upon
which this agreement is based, shall be fit and sufficient for the
purpose intended, of good materials and workmanship and free from
defect and that materials and services of CORPORATION’S design
will be free from defect in design. Inspection, test, acceptance,
payment or use of the goods furnished hereunder shall not affect the
CORPORATION’S obligation under this warranty, and such
warranties shall survive inspection, test acceptance and use.
CORPORATION agrees to replace, restore, or correct defects of any
materials or services not conforming to the foregoing warranty
promptly. Without expense to CITY, when notified of such
nonconformity by CITY, in the event of failure by CORPORATION
to correct defects in or replace nonconforming goods or service
promptly, CITY, after reasonable notice to CORPORATION, may
make such corrections or replace such materials or services and
charge contractor for the cost incurred by the CITY thereby.
L. WORKERS’ COMPENSATION. CORPORATION, by
executing this agreement, certifies that it is aware of the provisions of
the labor code of the state of California which require every
employer to be insured against liability for workers’ compensation or
to undertake self-insurance in accordance with the provisions of that
code, and certifies that it will comply with such provisions before
commencing the performance of the work of this agreement.
M. PRICE TERMS.
(a) Extra charges, invoices and payment. No extra charges of any
kind will be allowed unless specifically agreed to in writing by
CITY. All state and federal excise, sales and use taxes shall be stated
separately on the invoices.
(b) Transportation charges. Any transportation charges with respect
to which CORPORATION is entitled to receive reimbursement shall
be added to CORPORATION’S invoice as a separate item, with the
receipted freight bill attached thereto.
(c) CORPORATION warrants that the prices for materials or services
sold to CITY under this agreement are not less favorable than those
currently extended to any other customers of the same or like articles
or services in equal or less quantities. In event CORPORATION
reduces its price for such materials or services during the term of this
agreement, CORPORATION agrees to reduce the prices or rates
hereof correspondingly.
N. SCHEDULES OR DELIVERY. Time is of the essence of this
agreement. CORPORATION agrees to comply with the specific
schedule provided by the CITY or agreed upon herein without delay
and without anticipating CITY’S requirements. CORPORATION
also agrees not to make material commitments or scheduling
arrangements in excess of the required amount or in advance of the
time necessary to meet the schedule(s) of this agreement, if any.
O. TRANSPORTATION, PACKAGING & LABELING. All
materials or services are to be provided: (a) F.O.B., Palo Alto unless
otherwise specified; (b) with a packing list enclosed in cartons, which
indicate the agreement number, exact quantity and descriptions,
concerning any materials shipments; (c) and comply with current
packaging and labeling requirements prescribed by D.O.T.
Revised 8/1/2010 Page 4 of 23
EXHIBIT A
RESPONSIBILITIES OF THE CORPORATION
(1) Abide by the policies/procedures established by CITY and CITY’S Arts and
Sciences Division and the Department of Community Services for the use of CITY facilities,
equipment, costumes, props, furniture, scenery and other production elements. These shall
include, but are not limited to, Regulations Of The City Of Palo Alto Regarding Prohibited
Conduct In Community Centers and Theaters (Appendix A), the City of Palo Alto Injury and
Prevention program (Appendix B), Policy for Sale of Alcoholic Beverages (Appendix C),
Operations Manual (Appendix D), Safety Procedures and Guidelines (Appendix E), Building
Emergency Procedures (Appendix F), procedure for adjusting the forestage height including use
of the Scissor lift (Appendix G), House Manager's Guide (Appendix H), Zero Waste Plan
(Appendix I), and Costume Room Guidelines (Appendix J). Follow safety procedures for the use
of power and hand tools, mechanical lifts, etc. including the use of safety goggles, ear protection,
face shields, safety cables, outriggers, etc.
(2) Obtain, supervise, and pay all necessary related fees for the services of all
professional assistance needed to produce such productions. Such assistance may include, but is
not limited to the following: Production Directors, all Designers, Carpenters, Painters,
Production Assistants, Music Directors, Choreographers, Musicians and other Front of House,
Artistic or Administrative personnel.
(3) Pay all fees and costs for materials, supplies, scripts, royalties, licenses and other
fees and expenses connected with said productions, including all make-up removal supplies.
(4) Be solely responsible for the control and supervision of all production activities
and personnel connected therewith and shall notify all personnel of their obligations and
responsibilities pertaining to their production area. Act responsibly in matters of building
security when CORPORATION is scheduled to utilize CITY facilities.
(5) Conduct regularly scheduled production meetings, shall notify CITY of such
production meetings in writing, and shall coordinate all production activities with CITY'S
Project Manager or his/her designee. There shall be at least one or more, as needed, production
design meeting(s) for each production as scheduled in ATTACHMENT 1 which shall be
convened by CORPORATION at a mutually convenient time prior to start of construction.
Provide the Project Manager or his/her designee with a list of major production personnel and
their phone numbers for each production at the time of the first production meeting. Construction
plans and fly-line plots should be submitted at the aforementioned production design meeting in
order for the Project Manager or his/her designee to ascertain compliance with CITY fire or
other safety regulations.
(6) Provide the Project Manager or his/her designee with a list of all pyrotechnics
effects (including the use of open flames), all hydro technical effects, all use of fog or haze, all
loud noises (i.e. gunshots), and all use of strobe lights at least 21 days prior to first use on stage.
No flames shall be permitted on stage without the required fire permits from CITY. Smoking by
any of the actors on stage as an integral part of the production will be considered a pyrotechnic
effect. Safety precautions approved by a CITY Fire Inspector and the Project Manager or his/her
Revised 8/1/2010 Page 5 of 23
designee will be taken when smoking is occurring on stage, and the audience shall be notified
beforehand that smoking, loud noises (i.e. gunshots) or use of strobe lights will occur on the
stage. All Fire Department fees for “Open Flame Permits” and “Candles and Open Flames in
Assembly Areas Permits” shall be the responsibility of the CORPORATION.
(7) Provide the Project Manager with the rehearsal schedule, performance schedule,
shop schedule and any requests for the use of CITY facilities (including but not limited to the
Community Theatre, rooms located in the Lucie Stern complex and the Lucie Stern Courtyard
and patio) for any purpose. Space reservations should be made at least four weeks in advance.
CORPORATION shall accommodate other uses of the theatre facility, including but not limited
to the stage, auditorium, rehearsal hall, scene shop, paint shop, flat dock, and costume shop,
during periods of non-use during the runs of the productions. CITY shall notify the
CORPORATION . CORPORATION shall provide personnel for any shifting of
CORPORATION'S scenery and/or equipment.
(8) Designate as Project Director for the length of this contract an employee or sub-
contractor to manage or supervise all areas and items in this contract, including production,
technical, house personnel and any and all support groups and to be CORPORATION'S liaison
with the Project Manager or his/her designee in all matters relating to the CITY in any way.
(9) Arrange for auditions and casting for such productions and be solely responsible
for the supervision and control of all performers. With respect to casting, CORPORATION shall
have sole discretion to choose and approve the qualifications and select the cast. In personnel
decisions, the CORPORATION shall agree to and comply with the provisions of the CITY’S
Non-discrimination Policy (Exhibit 8).
(10) Search for, place and train participants in appropriate areas of theatre production
activity and shall utilize personnel in a safe and effective manner in the presentation of such
productions. CORPORATION shall be solely responsible for the control and supervision of
such participants and shall indemnify, defend, and hold harmless the CITY from any claims or
liabilities arising from the acts or omissions of such personnel. All such personnel shall be
deemed the sole agents and employees of CORPORATION and shall be notified by the
CORPORATION of this circumstance.
(11) Exercise safe practices in the use of CITY facilities and equipment, shall maintain
and clear work areas, and shall within 24 hours report, with form provided by CITY (Appendix
K), information regarding accidents. Immediately report to the Project Manager or his/her
designee on form provided by CITY any breakage, malfunction, deterioration or loss of any of
the CITY'S resources (including musical instruments, tools, lights, sound equipment, props,
curtains, etc.). CORPORATION shall not attempt repair of CITY equipment without prior
consultation with the CITY’S Project Manager. CORPORATION shall immediately discontinue
any activity where an unsafe or dangerous condition exists. CORPORATION shall train and
supervise CORPORATION'S staff and volunteers on safe theatre practices and adhere to CITY'S
safety procedures and guidelines. If, in the opinion of any CITY or CORPORATION employee,
CORPORATION is conducting an activity in an unsafe manner, CORPORATION or its agents
shall be informed and shall immediately discontinue such activity until such activity is able to be
conducted in a safe manner approved by CITY staff.
(12) Promote and publicize all of its productions, and shall print in all publicity,
including, but not limited to, publications, mailings, flyers, posters, brochures, programs, and
Revised 8/1/2010 Page 6 of 23
paid or public service advertising, the statement, "In cooperation with the City of Palo Alto
Community Services Department Division of Arts and Sciences." In conformance with
Americans with Disabilities Act (ADA) of 1990 guidelines and requirements, CORPORATION
shall bear responsibility for providing appropriate auxiliary aids, interpretive services and
accommodations where they are necessary to achieve an equal opportunity to participate in and
enjoy the benefits of public performances produced under this contract. Printed programs shall
include the following statement required by the Americans with Disabilities Act: "Persons with
disabilities who require information on auxiliary aids or services in using City facilities, services,
or programs or who would like information on the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact: ADA Coordinator, City of Palo Alto, 650-463-
4952 (Voice) or ada@cityofpaloalto.org (Internet).”
(13) Continue to exist as an independent, non-profit corporation under the laws of the
United States and the State of California.
(14) Submit all signs or displays to be located on the Theatre premises to Project
Manager or his/her designee for approval at the first production meeting. All displays may be
put up at load-in and must be removed during strike. Inside the Theatre, no display materials
may be placed upon stucco walls. Lobby displays may only be placed on the lobby display
boards, and all fasteners must be removed at the time display is taken down. Nothing may be
posted on the exterior walls or doors of the Theatre or in the Stern courtyard, except for items in
the display case and an approved production name sign hung from the theatre balcony. Marquee
signs must be constructed of light weight material, and shall be secured in such a way that the
sign cannot become dislodged by normal vibration or seismic activity. Signs shall be of a
standard size no larger than ten feet in length and eight feet in height. All marquee signage must
be attached to the theatre balcony with rigging so that the sign may be easily removed for limited
periods during photography shoots, special events, or building maintenance.
(15) Assure that the auditorium, stage, paint shop, scene shop, flat dock, costume shop,
green room, dressing rooms, rehearsal hall, hallways and outdoor areas adjacent to theatre and
shop will be cleared and clean, and that scenery, properties, and other production elements will
be disassembled and stored, to the Project Manager or his/her designee’s satisfaction, within six
hours after the final performance or on a time schedule mutually agreed upon between the
CORPORATION and the Project Manager or his/her designee. The stage shall always be
returned to its basic set-up as established by the Project Manager or his/her designee unless there
is a mutual agreement with the incoming group that has been approved by the Project Manager
or his/her designee. All items on the STRIKE CHECKLIST are to be performed unless there is a
mutual agreement with the incoming group that has been approved by the PROJECT
MANAGER or his/her designee. The Project Manager or his/her designee will sign a copy of the
STRIKE CHECKLIST form at the completion of the strike to signify acceptance of clean and
neat facilities.
(16) Leave storage, paint, scene and costume spaces clean and clear of
CORPORATION'S materials other than those materials necessary for the ongoing maintenance
and repair of the sets and costumes by the Monday following opening performance.
(17) Leave all spaces clear, clean and orderly at the end of each use. Rehearsal Hall is
to be cleared of all materials, except major set pieces and any rehearsal props, after each daily
use. Rehearsal Hall is to be completely cleared within 24 hours of final use. Dressing rooms are
to be maintained after each daily use. Trash, recycling and compostable materials are to be
Revised 8/1/2010 Page 7 of 23
removed from all areas daily. Recyclables and compostable materials are to be placed in the
recycling and composting carts near the trash dumpster and garbage and trash are to be placed
into the dumpster. The CORPORATION is required to reduce waste, reuse and recycle per the
CITY’s Zero Waste Plan (Appendix I). Office space and hallways are to be kept continually
clear, clean and orderly and neither space shall be used for the purpose of set, prop, or costume
storage. Materials may not be left or stored any place out-of-doors overnight or when unattended
by contractor personnel.
(18) Enforce current regulations as established by CITY with regard to smoking, food
and drink in CITY facilities (Appendix A). CORPORATION shall provide ushers at all
previews and performances who will enforce such regulations. Smoking is not permitted inside
any CITY facility. No person shall bring any animal into the theatre. This regulation shall not
apply to service animals assisting individuals with disabilities or to animals in training to become
service animals. Use of animals on the stage is subject to approval by the Project Manager or
his/her designee. Food and drink are not permitted in the auditorium, light/sound booth or on
stage, unless used as part of a production scene. Food and drink shall be permitted only in
approved areas such as the green room and lobby. CORPORATION shall clean up all food and
drink containers daily after use.
(19) Observe all provisions of this agreement when using CITY facilities other than or
in addition to the Community Theatre. This includes cleaning up the rooms, returning tables and
chairs to their initial locations and depositing all trash and recycling in the appropriate
receptacles. CORPORATION will be responsible for the maintenance of the Lucie Stern-
Recreation Wing restrooms for weekend performances.
(20) Comply with CITY TB test requirement for employees and volunteers of
CORPORATION at any time the CITY Risk Manager deems it necessary. If minors are involved
in the production, State of California requirements for fingerprinting the staff must be followed.
(21) Comply with CITY sound ordinance levels for any outdoor activities, including
load-in, strike, dismantling, or disposal. Shop doors facing Hopkins and Harriet Streets shall be
closed between 8:00 p.m. and 8:00 a.m.
(22) Pay Building Attendant fees at prevailing rates as set forth in the Municipal Fee
Schedule:
(a) For (an) additional Attendant(s) required for the use of CITY facilities other
than the Attendant the CITY will furnish for the Lucie Stern Community Theatre facility for the
period of from one hour prior to until at least one half hour after the completion of each public
performance as listed in ATTACHMENT 1.
(b) For any performances not included in ATTACHMENT 1.
(c) When using other CITY facilities at the same time as a public performance as
listed in ATTACHMENT 1.
All building use policies must be adhered to for any CITY facility use.
Revised 8/1/2010 Page 8 of 23
Additional performances of the productions listed in ATTACHMENT 1 may be added to
ATTACHMENT 1 with two weeks notice.
(23) Provide house manager and ushers for every performance or event whenever
public is in attendance. CORPORATION shall permit only persons who have been trained in
theatre emergency, safety and use procedures to usher. CORPORATION shall submit a list of
their trained personnel to the Project Manager prior to public performances for each production.
Ushers must be available to assist patrons under all circumstances and must be aware of and able
to assist disabled persons. The CORPORATION’S House Manager and ushers must also be
available to assist in emergency situations throughout the entire performance until audience has
left the theatre. Ushers must ensure that wheelchairs, walkers, etc. are not blocking any of the
aisles or exits. Ushers shall return seats to the upright position and remove litter from the
auditorium and restrooms at the conclusion of each performance.
(24) Shall be responsible for installing or removing the removable auditorium seats in
designated areas to accommodate their wheelchair patrons and as required due to the needs of the
production.
(25) Shall have privilege of borrowing available Community Theatre-owned
properties, sets, costumes and scenery for productions scheduled in this agreement. Costumes,
properties and sets created by CORPORATION with CORPORATION-owned materials will
remain the property of CORPORATION, and shall be removed from the theatre facility at the
conclusion of the production in which the materials are used. The Project Manager or his/her
designee may, on a case-by-case basis, authorize exceptions. Any allowed items stored at the
theatre will become available for use by all contracting CORPORATIONS and the CITY. All
such items created under former agreements will continue to be the property of the CITY. All
office equipment, construction tools, special effects and lighting equipment purchased and
owned by CORPORATION will remain the private property of CORPORATION and the CITY
assumes no responsibility or liability for the loss or maintenance of such materials. All
equipment, instruments, costumes and any other materials rented, borrowed or owned by any
subcontractor, agent or person for the CORPORATION is the responsibility of the
CORPORATION and/or its subcontractors, and the CITY assumes no responsibility or liability
for its maintenance or loss. Such items as original play scripts, musical scores, scenic designs,
costume designs and photographs belong solely to the authors, composers, artists who created
them or their representatives, and any use of them will be at the sole discretion of the
CORPORATION. Any use of these items must be in accordance with all applicable laws.
CORPORATION assumes all liability and responsibility for any default on production expenses.
(26) Shall be required to replace or have repaired by factory authorized technicians
CITY owned equipment, instruments or materials identified by the Project Manager or his/her
designee as having been lost, damaged or destroyed by an agent of the CORPORATION. A
written report must be made on CITY form whenever CITY equipment is lost, damaged, or
destroyed by the CORPORATION.
(27) May be allowed the use of Community Theatre-owned properties, sets, costumes,
scenery, furniture and equipment for CORPORATION productions not scheduled in this
agreement upon written request to the Project Manager or his/her designee and upon express
approval and written authorization of the Project Manager or his/her designee. CORPORATION
must return to Community Theatre all items borrowed for productions at other venues within
four days of the final performance and shall, in the event the items are damaged or destroyed, be
Revised 8/1/2010 Page 9 of 23
responsible for the repair or replacement of all such borrowed items to the satisfaction of the
Project Manager.
(28) May use Community Theatre facilities and equipment only for theatre productions
expressly covered under this agreement. Exceptions, such as for classes, camps or workshops,
will be considered by the Project Manager or his/her designee upon the receipt from the
CORPORATION of a written request at least thirty days prior to the date needed and, if granted,
will be approved in writing by the Project Manager or his/her designee. No such activity will be
advertised or promoted until it has been expressly approved by the CITY’S Project Manager.
(29) Shall enforce all State and City laws relating to the sale and consumption of
alcoholic beverages in CITY facilities. Alcohol is permitted at the Lucie Stern Community
Center if approved by the CITY’S Project Manager. Unless otherwise specifically permitted the
only alcoholic beverages which may be sold or served at CITY facilities by CITY policy are
wines, including champagne and sparkling wine. If alcoholic beverages are to be sold or
distributed free of charge, CORPORATION must possess a State A.B.C. The permit for the sale
or distribution of alcoholic beverages obtained by the CORPORATION must be provided to the
Project Manager. Proof of liquor liability insurance where CITY is named as co-insured with
liability of at least one million dollars ($l,000,000.00) shall be required. Permits are to be
displayed as required by law. It is the responsibility of the CORPORATION to ensure that no
alcoholic beverage is served to a minor. Identification must be checked if the person appears to
be under thirty years of age. CORPORATION shall remove all items, including cups, glasses,
bottles, napkins and food from the lobby and any other affected areas, including the courtyard,
after each performance. CORPORATION is required to adhere to CITY’S Recycling and Zero
Waste Program (Appendix I).
(30) Shall have one of their designated and CITY approved key and/or proximity card
holders on the premises at all times as a supervisor whenever anyone from the CORPORATION
is in the facility working for the CORPORATION, whether as a paid employee, subcontractor or
volunteer. The Project Manager or his/her designee must approve any exceptions in writing.
(31) Shall not in any way modify CITY facilities and may not install or attach
anything in or on CITY facilities without having first submitted a written request to the Project
Manager and having received written permission from the Project Manager or his/her designee.
The approval of the Project Manager does not relieve the CORPORATION from any
responsibility to obtain necessary CITY permits or Building Department approvals for the
modification. Any violation shall result in the CORPORATION being charged for all repairs
necessary to restore the facility to its original condition and any additional costs pertaining to the
restoration of CITY property.
(32) Shall immediately report to the police any incidents of a criminal or suspicious
nature occurring on CITY property and notify the Project Manager or his/her designee within
twelve hours. If initial notification is verbal, it must also be submitted in writing to Project
Manager or his/her designee on provided form.
(33) Shall make sure that the doors to the Scene Shop, Rehearsal Hall, and Costume
Shop, as well as any other exterior access doors to any area of the Lucie Stern Community
Theatre, are not left open, unlocked or left with the locking mechanism disabled at any time
when the immediate area secured by the door is unoccupied by the CORPORATION, even if
only briefly. Failure to do this may result in greater restricted access to the Lucie Stern
Revised 8/1/2010 Page 10 of 23
Community Theatre, including the possible forfeiture of keys/proximity cards by the
CORPORATION and/or restricted access times.
(34) Must fill out a CITY Report of Accident/Property Damage report (Appendix
K) for any and all accidents, injuries or property damage if a CITY employee is not present to fill
out the report.
(35) Must operate and conduct business in compliance with the CITY’s Zero Waste
Plan (Appendix I) for all activities including, but not limited to, set construction and strike, food
and beverage service, and office activities. The CITY Recycling Program can assist with
resources for achieving this goal. The goal is to send as little waste to landfill as possible through
waste reduction, reuse and recycling. To achieve this goal CORPORATION must first reduce
waste whenever possible.
(36) Shall avoid the use of disposables and shall not use Styrofoam™ and other
plastics for food/beverage service. Reusable food/beverage service ware should be utilized to the
maximum extent possible. Where a reusable food/beverage service option is not available,
choose items that are recyclable. For concessions, choose product packaging that is recyclable.
(37) Must practice reuse before, during and after production. A list of reuse
resources will be provided to avoid the disposal of construction materials, sets and props.
CORPORATION must recycle construction debris from set materials (e.g. wood, metal).
(38) Must recycle all materials included in the CITY’s Recycling Program
including paper (all types), plastic containers #1-#7, cardboard, glass bottles and jars, and metal
cans. Compostable materials will be disposed of in designated compost waste receptacles.
(39) Include on the title page of all production and event programs: 1) the official City
of Palo Alto logo, to be obtained from Project Manager, and 2) the following credit: “Use of the
Lucie Stern Community Theatre is made possible through a generous grant from The City of
Palo Alto, Community Services Department, Division of Arts and Sciences.” The City of Palo
Alto, Community Services Department, Division of Arts and Sciences shall also be credited in
the CORPORATION’s list of funders, at a level that reflects the annual subsidy provided by the
CITY.
Revised 8/1/2010 Page 11 of 23
EXHIBIT B
RESPONSIBILITIES OF THE CITY
(1) Allow CORPORATION the use of the Community Theatre Rehearsal Hall,
Costume Room, Scene Shop, Paint Shop, Stage, Auditorium, Light/Sound Booth, designated
work space, etc. as scheduled in ATTACHMENT 1 for the preparation and presentation of
theatre productions performed under this agreement provided that CORPORATION submits
specific rehearsal schedules, performance schedules and shop use schedules. CORPORATION
shall be required to comply with all CITY policies. Any use of CITY facilities and equipment
other than that listed in this contract but necessary to carry out this contract must be scheduled
through and approved in advance by the Project Manager or his/her designee.
(2) Allow the use of the auditorium and the stage for performances and brush-up
rehearsals on the following schedule:
No performance shall begin earlier than 9:00 a.m. nor end later than midnight. In no
event shall CORPORATION conduct rehearsals or other activities, or otherwise occupy CITY
facilities from 12 midnight to 8:00 a.m. unless prior written permission is obtained from the
Project Manager or a designated employee of the CITY is on site. CORPORATION shall
observe all facility security rules and regulations as established by CITY (Appendix A).
(3) Allow the use of the stage and the auditorium prior to the opening night of such
productions according to the production schedule set forth in ATTACHMENT 1. Allow the use
of the rehearsal hall, box office, scene shop, paint shop and costume shop according to the
schedule as set forth in ATTACHMENT 1. Additional facility use may be provided as specified
in item (Exhibit B (1); Exhibit A (28)) above; however, priority use of the room will always be
given to actual rehearsals of productions covered by a contract with the CITY. The CITY will
not be responsible for obtaining additional space, but may assist in locating other CITY spaces
and may act as co-sponsor for use of CITY facilities under appropriate circumstances. Payment
as specified in the CITY’s Municipal Fee Schedule will need to be made for any
productions/performances/events/other uses that are not included as a part of ATTACHMENT 1.
CORPORATION will forfeit the right to any additional reservations of CITY facilities should
CORPORATION reserve space which is not used. CITY reserves the right to allow other uses of
space when not in actual, scheduled use by CORPORATION.
Revised 9/1/2010 Page 12 of 23
(4) Provide the Project Manager or his/her designee with a list of all planned
activities utilizing theatre Stage and Auditorium during said periods. This information is to
be provided to the Project Manager or his/her designee in production design meetings
(5) Allow CORPORATION to use all operational production equipment in
CITY'S Community Theatre inventory as requested by CORPORATION and approved in
writing by CITY. CORPORATION takes such equipment "as is" and is responsible for
ensuring that such equipment is in a safe condition prior to use and is returned in working
condition at the conclusion of its use or of the production. The CORPORATION will assist
the CITY in keeping the inventory of tools, equipment, instruments and production
materials up-to-date so that all theatre users may benefit from the use of these materials.
(6) Monitor all aspects of production relative to safety (Appendix E). If the
Project Manager or any designee(s) deem(s) that any procedure followed by
CORPORATION is unsafe, he or she has the authority to immediately stop such procedure.
The CITY and CORPORATION will work together to prevent or quickly mitigate any fire
hazards or any items identified by the Fire Department during facility inspections.
(7) Provide maintenance of CITY facilities and equipment, replacement lamps
for lighting equipment and blades for table power tools, but not hand power tools. CITY
shall respond with reasonable speed to make necessary repairs hereunder.
(8) Provide persons designated by CORPORATION and approved by the
Project Manager or his/her designee with keys, proximity cards (up to a maximum of six),
and alarm codes for access to Lucie Stern Community Theatre facilities solely for the
purpose of carrying out the requirements of this agreement. Keys, proximity cards, and
alarm codes shall not be loaned or transferred and shall only be used by the designated
persons. In the event that CORPORATION fails to properly open or lock and secure CITY
facilities leading to a false alarm call-out or leaves areas of the facility unlocked and
unattended, a two hundred dollar ($200.00) penalty shall be paid to CITY on each
occasion. In the event that a designated key holder loses any key or proximity card issued
by CITY the CORPORATION shall be assessed a seventy-five dollar ($75.00) replacement
charge for each key or proximity card or pay for the cost of rekeying or reprogramming the
locks of the facility if circumstances indicate it as determined by the CITY.
CORPORATION will be responsible and held accountable for all personnel, properties and
activities of CORPORATION. CORPORATION will be responsible and held accountable
for all CITY facility and equipment damages or loss due to negligence.
(9) Have the right to, with no notice; suspend this contract if the building should
be declared uninhabitable for reasons of safety by the proper authorities. (i.e. if the building
should be damaged in an earthquake and be declared unsafe for occupancy). If there is an
outbreak of pandemic flu or other medical emergency and places of public gatherings are
closed, CITY will not assume any financial responsibility for loss of revenue by the
CORPORATION. If the Lucie Stern Community Theatre is not available due to
earthquake, other disaster, or safety related issues, CITY will not assume any financial
responsibility for loss of revenue by the CORPORATION.
Revised 9/1/2010 Page 13 of 23
EXHIBIT C
GENERAL CONDITIONS
(1) CITY. The Manager Arts-Children’s Theatre is designated the Project
Manager for CITY, who shall render overall supervision of the progress and performance
of this agreement by CITY. All services herein agreed in this contract to be performed by
CITY shall be under the overall supervision of the Project Manager or his/her designee.
Contractor shall go through Project Manager or his/her designee in all matters dealing with
CITY policies, funding, facilities, equipment and other CITY departments outside the
Community Theatre.
(2) CORPORATION. CORPORATION shall assign a single Project Director
who shall have overall responsibility for the progress and execution of this agreement by
CORPORATION. Should circumstances or condition subsequent to the execution of this
agreement require a substitute Project Director, CORPORATION shall notify CITY
immediately of such occurrence. The Project Director shall be responsible for all actions of
the CORPORATION, including their support groups and volunteers. The Project Director
shall also be responsible for all communication and information to and from CITY and
CORPORATION'S personnel, including their support groups.
(3) ACCESS. CORPORATION shall not prevent the Project Manager, facility
maintenance personnel, and others specifically designated by the Project Manager from
free and easy access to all CITY facilities. The Project Manager and others specifically
designated by the Project Manager shall attempt to coordinate such access if possible.
(4) SPECIFIC SERVICES. CORPORATION shall provide all specified
services as set forth herein, for the presentation of the 2013-2014 Season’s productions as
listed in and on the dates specified in ATTACHMENT 1.
(5) PRODUCTION CHANGES. CORPORATION may make changes to its
productions within the guidelines of the author or his/her representative.
(6) SCHEDULING. CORPORATION may change production scheduling or
locations for the purpose of increasing its net revenue and/or audience base, provided that
such changes shall not diminish the quality of or access to such offerings by Palo Alto
residents. Such changes shall be subject to CITY policies and procedures for space
reservation and requests for changes are to be submitted in writing to the Project Manager
for approval before any such changes are made.
(7) FISCAL YEAR DEFINED. The term "fiscal year" shall mean July 1 to
June 30, although CORPORATION is not required to use the same period for its own
record-keeping and reporting purposes.
(8) DAYS DEFINED. The term "days" shall mean calendar days.
Revised 9/1/2010 Page 14 of 23
(9) QUALIFICATIONS. CORPORATION represents that it is qualified to
furnish the services described under this agreement and shall be responsible for the
performance of this agreement.
(10) TICKET SALES:
(a) CORPORATION budget for the term of this agreement is attached
hereto, marked “ATTACHMENT 2” and incorporated herein by reference as though fully
set forth.
(b) CORPORATION shall be responsible for sale of season tickets and
single tickets, depositing of revenue and reporting of revenue and expenditures, and shall
place available tickets for each production for sale at the theatre box office one hour prior
to each performance. CORPORATION shall not pre-sell seat numbers C1, C2, D1, D2,
D3, and D4. CORPORATION shall also not pre-sell either the block of seats T2, T4, T6,
T8, T10, U2, U4, U6, U8 and U10 or the block of seats T1, T3, T5, T7, T9, U1, U3, U5,
U7, and U9 but shall hold one of these blocks of seats for disabled seating priorities. Said
unsold seats may be released for sale one hour prior to performance.
(c) CORPORATION agrees the price of admission for the season shall
be as set forth in ATTACHMENT 3.
(d) CORPORATION shall remit to CITY a surcharge for each ticket sold
of $2.00 for each and every ticket sold either through subscription, group, individual,
promotional or any other means. The surcharge of two dollars ($2.00) per ticket sold is due
within 60 calendar days after the closing date of the production. “Sold” is to include any
tickets given in exchange for monetary consideration. There will be a 10% surcharge levied
for payments received between 61 days and 90 days after the closing date of the
production; a 15% surcharge levied for payments received between 91 days and 120 days
after the closing date of the production; and a 20% surcharge levied for payments received
in excess of 121 days of the closing date of the production. Payment must be accompanied
by the production report.
(e) CORPORATION shall provide CITY, when requested by the Project
Manager or his/her designee, with at least six (6) complimentary tickets for each
production on the date(s) requested, best available seating will be provided to CITY if any
seats are available at the time of the request.
(f) CORPORATION may operate an intermission snack concession
during each performance under this agreement. CORPORATION shall conduct such
operation in a safe, clean manner and shall hold CITY harmless from any claim or demand
of liability of any nature whatsoever which may arise out of such operation. If alcoholic
beverages are to be sold or distributed free of charge, CORPORATION shall have on
display a California State A.B.C. Permit and provide the Project Manager with proof of
liquor liability where CITY is named as co-insured with liability of at least one million
dollars ($l,000,000.00) (See Exhibit A (29) above). It is the responsibility of the
Revised 9/1/2010 Page 15 of 23
CORPORATION to ensure that no alcoholic beverage is served to a minor by checking
I.D.’s if the person appears to be under thirty years of age. Food and drink may not be
taken into the Auditorium or the Light/Sound Booth at any time. CORPORATION shall
remove all cups, glasses, bottles, napkins and food from the lobby, green room, and any
other affected areas, including the courtyard, after each performance. CORPORATION is
required to adhere to CITY’S Zero Waste Plan (Appendix I).
(11) ORGANIZATION OF CORPORATION.
(a) Composition of Corporation. Throughout the term of this
agreement, CORPORATION shall remain an independent, non-profit corporation under the
laws of California governed solely by a Board of Directors. Any changes in
CORPORATION'S Articles of Incorporation, By-Laws, or tax-exempt status shall be
reported by CORPORATION immediately to the Project Manager. Not more than twenty-
five percent (25%) of the persons serving on the governing board of CORPORATION may
be interested persons. "Interested persons" means any person currently being compensated
by the CORPORATION for services rendered to it, whether as a full or part-time
employee, independent or otherwise, but excluding any reasonable compensation paid to a
director as director.
(b) Meetings of Corporation. All meetings of the Board of Directors of
CORPORATION shall be open to the public, except meetings, or portions thereof, dealing
with personnel or litigation matters. Project Manager will serve as CITY liaison to
CORPORATION'S Board of Directors. Project Manager shall be notified 21 (twenty-one)
days in advance of the dates, times, and locations of all Board of Directors meetings.
CORPORATION shall provide CITY with names, addresses and telephone numbers of
CORPORATION Board members, as well as your Board’s meeting schedule
(ATTACHMENT 4) to be attached to this agreement prior to its final approval.
CORPORATION shall provide an updated roster of Board of Directors as changes may
occur.
(12) FISCAL RESPONSIBILITIES OF CORPORATION.
(a) Fiscal Agent. CORPORATION shall appoint a fiscal agent who
shall be responsible for the financial and accounting activities of CORPORATION,
including the receipt and disbursement of CORPORATION funds. CORPORATION shall
provide CITY with the name of fiscal agent (ATTACHMENT 5) and notify the Project
Manager within 24 hours of any changes occurring during the contract period.
CORPORATION shall have sole responsibility for the safekeeping of CORPORATION
tickets and monies.
(b) Fiscal Monitor. CORPORATION shall appoint from its Board an
individual who no less than monthly shall review and by signature acknowledge each
monthly financial report.
Revised 9/1/2010 Page 16 of 23
(c) System of Accounts. CORPORATION and its fiscal agent shall
establish and maintain a system of accounts that shall be in conformance with generally
accepted principles of accounting for budgeted funds. Such system of accounts shall be
subject to the review and approval of appropriate CITY staff.
(d) Financial Record. In support of its system of accounts,
CORPORATION shall maintain complete and accurate records of all financial transactions,
including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers,
canceled checks, and bank statements. These records shall be made available to the CITY
upon request. NOTE: CORPORATION currency is not to be stored on the theatre
premises.
(e) Audits. CORPORATION shall provide for independent audit of its
fiscal year transactions, records, and financial reports. The audit shall be at the discretion
of CITY and, if required, shall be done by a certified public accountant. The certified
public accountant shall submit the report to both parties. The cost of this audit will be borne
by CORPORATION.
(f) Audit of surcharge payments. Corporation shall retain for a period of
at least three years ticket stubs, sales records, and a verified report of sold and unsold
tickets which must be made available to the city of Palo Alto Auditor upon request.
(13) PRODUCTION REPORTS AND RECORDS.
(a) Production Reports. CORPORATION shall keep accurate records of
and shall file with Project Manager or his/her designee Production Reports within thirty
(30) calendar days following the closing of each production, listing number of
performances, ticket sales, expense/revenue, number of paid and volunteer participants and
paid and volunteer participant hours worked. Each report shall be prepared on the form
provided by CITY or on a form approved by the Project Manager. CORPORATION shall
make every reasonable effort to supply such other information as the Project Manager
and/or CITY Auditor may request. On reasonable notice and with reasons specified,
CORPORATION shall grant the Project Manager and/or CITY Auditor access to all
CORPORATION records relating to this agreement, including performance records, data,
statements, and reports.
(b) Evaluation of services. CORPORATION shall furnish all data,
statements, records, information, and reports requested by CITY to monitor, review, and
evaluate the performance of CORPORATION'S services hereunder.
(c) A copy of CORPORATION’S most recently filed California State
Tax Form 199, "California Exempt Organizations Annual Information Return" must be
filed with the Project Manager or his/her designee within fifteen days of when it is due to
the State of California and shall also be attached to this agreement prior to its final approval
(ATTACHMENT 6).
Revised 9/1/2010 Page 17 of 23
(14) CORRECTIVE ACTION REQUIREMENT. Notwithstanding the
requirements of this agreement, in the event CITY should determine from any source,
including but not limited to reports submitted by CORPORATION under this agreement or
any evaluation report from any source, that there is a condition which requires correction,
CITY may forward to CORPORATION a request for corrective action. Such request shall
indicate the nature of the condition(s) or issue(s) which require(s) corrective action and
may include a recommendation as to appropriate corrective action. Within fifteen (15) days
of CITY'S request, CORPORATION shall submit its response which shall include its view
of the problem and proposed action, if any. Upon request of either party, the parties shall
meet within five (5) days thereafter to discuss the problem and proposed corrective action.
(15) RIGHT TO SUSPEND OR TERMINATE. Either party may suspend or
terminate the agreement for any reason by giving thirty (30) days' written notice to the
other party. Upon the expiration of such notice, performance of the services hereunder
shall be immediately discontinued.
(16) SURRENDER OF MATERIALS. Upon suspension or termination,
CORPORATION shall immediately turn over to CITY all keys and proximity cards issued
by CITY, copies of studies, reports, and other data, whether or not completed, prepared by
CORPORATION or its subcontractors, if any, in connection with this agreement. Such
materials shall become the property of CITY. CORPORATION, however, shall not be
liable for CITY'S use of incomplete materials nor for CITY'S use of complete documents if
used for other than the services contemplated by this agreement.
(17) CONTRACTS WITH OTHER AGENCIES. CORPORATION agrees not
to enter into any contract or agreement with another person or agency that will materially
interfere with or inhibit the full performance of the services to be provided by
CORPORATION under this agreement. CORPORATION agrees to terminate as soon as
legally possible any contract or agreement which will materially interfere with or inhibit
the full performance of the services to be provided by CORPORATION to CITY under this
agreement. Nothing herein is intended to prohibit CORPORATION from applying for, and
receiving, supplementary funding from other than CITY sources so long as any agreement
required for such funding does not materially interfere with or inhibit the full performance
of the services to be provided by CORPORATION under this agreement.
CORPORATION is specifically encouraged to seek such supplementary funding.
(18) INTEREST OF CORPORATION. CORPORATION covenants that it
presently has no interest, and shall not acquire any interest, direct or indirect, financial or
otherwise, which would conflict in any manner or degree with the performance of the
services hereunder. CORPORATION further covenants that, in the performance of this
agreement, no subcontractor or person having such an interest shall be employed. It is
expressly agreed that, in the performance of the services hereunder, CORPORATION shall
at all times be deemed an independent contractor and not an agent or employee of CITY.
Revised 9/1/2010 Page 18 of 23
(19) ASSIGNMENT. Both parties shall give their personal attention to the
faithful performance of this agreement and shall not assign, transfer, convey, or otherwise
dispose of this agreement or any right, title, or interest in or to the same or any part thereof
without the prior written consent of the other party, and then only subject to such terms and
conditions as the other party may require. Consent to one assignment shall not be deemed
to be consent to any subsequent assignment. Any assignment without such approval shall
be void and at the option of the other party, shall terminate this agreement and any license
or privilege granted herein. This agreement and interest herein shall not be assignable by
operation of law without the prior written consent of the other party.
(20) SUBCONTRACTORS: EMPLOYEES. CORPORATION shall be
responsible for employing or engaging all persons necessary to perform the services of
CORPORATION hereunder. No subcontractor of CORPORATION will be recognized by
CITY as such, rather, all subcontractors are deemed to be employees of CORPORATION
and it agrees to be responsible for their performance. CORPORATION shall give its
personal attention to the fulfillment of the provisions of this agreement by all of its
employees, participants, volunteers, and subcontractors, if any, and shall keep the work
under its control.
(21) INDEMNITY. CORPORATION hereby agrees to indemnify and hold
harmless CITY, its officers, agents, and employees of and from:
(a) Any and all claims and demands which may be made against CITY,
its officers, agents, or employees by reason of any injury to or death of any person or
damage suffered or sustained by any person or corporation caused by, or alleged to have
been caused by, any act or omission, negligent or otherwise, of CORPORATION, its
officers, employees, agents, participants, volunteers, or any subcontractor under this
agreement or of any of subcontractor's employees or agents.
(b) Any and all damage to, loss or destruction of the property of CITY,
its officers, agents, or employees occupied or used by or in the care, custody, or control of
CORPORATION caused by any act or omission, negligent or otherwise, of
CORPORATION, its officers, employees, agents, participants, volunteers or any
subcontractor under this agreement.
(c) Any and all claims and demands which may be made against CITY,
its officers, agents, or employees by reason of any injury to or death of or damage suffered
or sustained by any employee, participant, volunteer, or agent of CORPORATION or any
subcontractor under this agreement, however caused, excepting, however, any such claims
and demands which are the result of the sole negligence or willful misconduct of CITY, its
officers, agents or employees.
(d) Any and all claims and demands which may be made against CITY,
its officers, agents, or employees by reason of any infringement or alleged infringement of
any copyright or trademark caused by or alleged to have been caused by CORPORATION
or any subcontractor under this agreement.
Revised 9/1/2010 Page 19 of 23
(e) Any and all penalties imposed or damages sought on account of the
violation of any law or regulation or of any term or condition of any permit in connection
with this Agreement.
(f) CORPORATION at its own cost, expense and risk shall defend any
and all suits, actions, or other legal proceedings that may be brought or instituted by third
persons against CITY, its officers, agents, or employees on any such claim or demand
referred to in Paragraphs (a), (b), (c) and (d) above, of such third persons, or to enforce any
penalty referred to in Paragraph (e) above and pay and satisfy any judgment or decree that
may be rendered against CITY, its officers, agents, or employees in any such suit, action,
or other legal proceeding.
(g) Any and all claims and demands which may be made against CITY,
its officers, agents or employees for any loss or damage to materials and equipment owned,
rented or borrowed by CORPORATION, its employees, subcontractors, participants,
volunteers, sponsors or any others under its project management.
(22) INTOXICATION. CORPORATION agrees to be responsible for injuries or
damage caused by any of its employees, agents, patrons, subcontractors, or volunteers
under the influence of alcohol, drugs, hallucinogens or narcotics, whether or not legally
prescribed. CORPORATION as well as CITY shall not permit any of CORPORATION’S
employees or volunteers discovered to be under the influence from remaining in any
facility used under the terms of this contract and CITY reserves the right of denying such
persons further participation in Theatre activities. Consumption of alcoholic beverages or
use of illegal drugs is expressly forbidden by any person working for the CORPORATION,
paid or volunteer. This includes all staff, actors, crew and musicians while at the Lucie
Stern Community Center or any other CITY facility.
(23) WORKER'S COMPENSATION. CORPORATION certifies that it is aware
of the provisions of the Labor Code of the State of California, which requires every
employer to be insured against liability for workers' compensation or to undertake self
insurance in accordance with the provisions of the code, and it certifies that it will comply
with such provisions before commencing the performance of the work of this agreement.
(24) INSURANCE. CORPORATION, at its sole cost and expense, shall obtain
and maintain in full force and effect throughout the entire term of this agreement insurance
coverage insuring not only Contractor and its subcontractors, if any, but also, with the
exception of workers' compensation and employer's liability insurance, CITY, its officers,
agents, and employees and each of them. CITY is to be named as co-insured with liability
coverage of at least one million dollars ($l,000,000.00) to be attached to this agreement
prior to its final approval.
Certificates of such insurance shall be filed with CITY concurrently with the
execution of this agreement. Said certificate shall be subject to the approval of the City
Attorney and shall contain an endorsement stating that said insurance is primary coverage
and will not be canceled or altered by the insurer except after filing with the City Clerk
Revised 9/1/2010 Page 20 of 23
thirty (30) days' written notice of such cancellation or alteration. Current certificates of
such insurance shall be kept on file at all times during the term of this agreement.(25)
WEAPONS. No firearms or other weapons, whether loaded or not, shall be allowed in the
Lucie Stern Community Theatre or on any other CITY property. Stage weapons and
firearms designed solely for the use of blank cartridges will be allowed if they are being
used as a prop in the current production but must be stored, when not being used, in a
secure manner by the CORPORATION’S stage manager or his/her designee. (Please
reference the CITY’S Danger Policy, Appendix K)
(26) LEGAL COMPLIANCE. CORPORATION and all its paid employees,
subcontractors, and volunteer participants are required to abide by all Federal, State and
Local laws and ordinances.
Revised 9/1/2010 Page 21 of 23
EXHIBIT D
NON-DISCRIMINATION FORM
Certification of Nondiscrimination:
As suppliers of goods or services to the City of Palo Alto, the firm and individuals
listed below certify that they do not discriminate in employment with regards to age, race,
color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are
in compliance with all Federal, State, and local directives and executive orders regarding
nondiscrimination in employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S)
BELOW.
Firm:
Signature:
Name:
Signature:
Name:
Note: California Corporations Code Section 313 requires two corporate officers to
execute contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer; or Assistant Treasurer.
(In the alternative, a certified corporate resolution attesting to the signatory
authority of the individuals signing in their respective capacities is acceptable)
Revised 9/1/2010 Page 22 of 23
EXHIBIT E
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE
TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE
SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF
CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS
SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES
YES
WORKER’S
COMPENSATION
EMPLOYER’S
LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY,
INCLUDING PERSONAL
INJURY, BROAD FORM
PROPERTY DAMAGE
BLANKET
CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY &
PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE
LIABILITY, INCLUDING
ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE,
COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL
LIABILITY,
INCLUDING, ERRORS
AND OMISSIONS,
MALPRACTICE (WHEN
APPLICABLE), AND
NEGLIGENT
PERFORMANCE
ALL DAMAGES
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL
INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT
THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED,
INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS
COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
Revised 9/1/2010 Page 23 of 23
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF
CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE
FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
“ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED
INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO
OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS
UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS,
SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
1
PUBLIC/PRIVATE PARTNERSHIPS
POLICY STATEMENT
The City of Palo Alto encourages the formation of public/private partnerships for the benefits
the community receives. For the purposes of this policy, “public/private” also encompasses
“public/nonprofit” partnerships.
Definitions
Public/private partnership:A public/private partnership is an agreement between the City and
a nonprofit or private organization to provide services or to assist in funding of public facilities
and programs. Such partnerships may take various forms, including:
Acceptance of or solicitation of service or facility proposals
Facilitation of such proposals through the City's regulatory process
Waiver of City General Fund fees to help reduce project costs.
Contributions of City matching funds for construction of facilities to be owned and
controlled or operated by the City.
Provision of facilities to the private partner at no charge or at a subsidized rent.
Public/private partnerships typically fall into one of three categories: co-sponsorship, alliances
or joint ventures.
Co-Sponsorships:This is the most common type of public/private partnership. An
organization furthers the mission of the City by supporting a City activity or program in
conjunction with pursuit of that organization’s own mission or program. Co-sponsorships can
take the form of one-time events or annual agreements. Some examples of co-sponsorships
include the Palo Alto Tennis Club use of City courts to provide a youth tennis program and
American Youth Soccer Organization’s use of space in a City facility to train referees. Co-
sponsorships are entered into by staff and normally have no or minimal financial impact.
Alliances:This type of public/private partnership involves organizations that have been
created for the sole purpose of supporting a City program or an array of City programs. The
organization does not expect to receive any direct financial benefit or to alter City policy
and/or operations, but undertakes to work closely and cooperatively with staff to implement
City goals. Alliance organizations include the Recreation Foundation, the Art Center
Foundation (Project Look or Cultural Kaleidoscope), the Friends of the Children’s Theatre (the
Magic Castle), the Library Foundation and the Friends of the Palo Alto Library (financial
assistance with the renovation and expansion of the Children’s Library). Alliances are
approved by the Council if there are any staffing or budgetary implications to the partnership.
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
2
Joint Ventures: This type of partnership involves organizations which have programs or
missions independent of the City and involve the City entering into a contractual relationship
with the public or nonprofit organization with both parties contributing to the partnership for
their mutual benefit. Each joint venture is uniquely negotiated by the staff and approved by
the City Council. Examples of Joint Ventures include TheatreWorks, Palo Alto Players and
West Bay Opera’s use of the Community Theatre and use of the former police station by older
adult service provider, Avenidas.
PROCEDURES
Initiation of partnerships:Public/private partnerships may be initiated in one of three
ways:
By staff: Staff identifies an opportunity for such a partnership and undertakes
an informal or formal request for proposal process to identify partners.
By Council: The City Council directs staff to work with a private or nonprofit
organization to develop such a partnership.
By a private or nonprofit organization:An organization makes a partnership
proposal to the staff or City.
City Manager Review:If the partnership proposal involves more than one City
department, the City Manager’s Office will appoint a team with representatives of all
City departments who are stakeholders in the partnership proposal. The team will
analyze the proposal and inform the City Manager of the resource implications of the
proposal, including staffing and monetary commitments. This would include proposed
fee waivers. If the proposal will require a re-ordering of department priorities that have
already been approved by the Council in setting its annual priorities or in the budget
process, Council approval will be required prior to commitment to the partnership.
Council approval will also be required if the partnership requires a new or adjusted
allocation of operating or capital funding. Note: Co-sponsorships usually only involve a
single department and do not necessitate the formation of an interdepartmental
committee, the involvement of the City Manager’s Office or the approval of the City
Council.
City-Initiated Partnerships:Such partnerships will be guided by existing policies and
procedures governing purchasing and outsourcing, using “requests for proposals” and/or
bid processes as the method of initiating a partnership. A City-initiated partnership may
incorporate incentives including naming rights, waiver of non-enterprise fund building
and planning fees, reduced lease rates, free use of space, subsidies, and staff resources.
All incentives may be negotiated on a case-by-case basis.
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
3
Evaluation of Viability of Partnering Organization:Staff will provide the City Manager
and/or City Council with its assessment of the viability of the proposed partnership, based
on the partnering organization’s possession of sound organizational, administrative and
fiscal management, and its demonstrated experience to achieve and sustain project tasks,
such as fundraising and building community support. For proposed facility improvement
or expansion initiatives, the nonprofit or private organization should have the ability and
commitment to make a substantial pledge to the project’s cost.
Facilities Proposals:
If a City facility is to be renovated, expanded or otherwise be directly affected by
the partnership, the Infrastructure Management Plan will have to be adjusted
appropriately.
Long-term staffing, operational and maintenance costs must be identified in the
proposal.The project’s applicable costs and funding sources for furnishings,
fixtures and equipment will be identified.
The parties will negotiate the joint or separate financial responsibility for any
project cost overruns on a project-by-project basis.
Staff may recommend that any standard City processing or use fee authorized
under the Municipal Fee Schedule, excluding fees and charges levied by City of
Palo Alto Utilities or other City enterprise fund programs, should be waived as a
condition of the City's participation. Waiver of fees may be granted by the Council
and limited to those fees associated with a construction or capital improvement
project which, upon its completion, results in a new or improved public facility,
building or park, or some portion thereof, that will be solely owned or controlled
by the City. In the event that only a portion of a construction or capital
improvement project will result in a new or improved City facility, building or
park, or portion thereof, then the Council may waive only that portion of any
associated fee directly relating to the construction, improvement or enhancement
of the City facility, building or park.As appropriate, the summary and
recommendation in the report to the Council will include a staff recommendation
on waiving fees which the Council can approve or reject.
The City will determine whether the nonprofit or private organization shall use or
may forego a formal or informal competitive selection process in the hiring of
professionals who will perform the management, design and/or construction
phases of the project. The City shall review and approve the requirements for and
the performance of all phases of design, planning and construction work for the
project.
City of Palo Alto (ID # 4433)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: TheatreWorks Partnership Agreement
Title: Approval of the Renewal of a Public-Private Partnership Agreement
Between the City of Palo Alto and TheatreWorks for the use of the Lucie
Stern Community Theatre
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that City Council approve the renewal of a public-private partnership
agreement between the City of Palo Alto and TheatreWorks for the use of the Lucie Stern
Community Theatre (Attachment A).
Background
The Lucie Stern Community Theatre is used by three local theatre companies which produce
approximately 15 productions annually. These three companies (TheatreWorks, the Palo Alto
Players, and West Bay Opera) partner with the Community Services Department to produce
these shows, which foster the cultural and artistic needs of Palo Alto residents and visitors. The
City and these companies each benefit from continuing this relationship.
TheatreWorks was founded by San Francisco Bay Area native Robert Kelley in 1970 as a theatre
arts workshop for teenage and college students. Chartered by the City of Palo Alto to produce
work that would reflect the concerns of the community during an unsettled period in American
life, the company produced thirteen wholly original works for the stage in its first three years.
Although company actors initially performed in a variety of venues, a tradition was established
of staging several shows each season at the Lucie Stern Theatre. When the Mountain View
Center for the Performing Arts opened in 1991, the company began producing five main stage
productions there each season, along with three productions each season at the Lucie Stern
Theatre in Palo Alto. This schedule continues today.
City of Palo Alto Page 2
Discussion
TheatreWorks’ usage of the Lucie Stern Community Theatre is governed by a public-private
partnership agreement. Production scheduling is done interdependently between the three
groups, and as the cost of relocating a theatre company is prohibitively high, there exists nearly
no opportunity for changing the companies that the Lucie Stern Community Theatre serves.
Therefore, staff recommends that the City Council approve renewal of the existing public
private partnership. The key terms of this agreement are discussed below:
Term: The new agreement is for one year effective from November 4, 2013 until June 30, 2014.
Similar agreements are intended for subsequent years.
Revenue: In accordance with the Municipal Fee Schedule and in exchange for providing facility
usage, TheatreWorks shall continue to remit to the City a $2.00 surcharge for each ticket sold.
This fee is effectively passed on to patrons and is applied to all subscription, group, individual,
promotional, and other tickets sold. Complimentary tickets are excluded, and the sum of the
surcharge revenue for each production is due to the City within 30 calendar days after the
closing of the production. The City retains roughly $60,000 per year from this ticket surcharge
in total from the three theater partnerships. Among other functions, the proposed agreement
acts as a revenue contract which governs the application, collection, and accounting of
associated revenue.
Responsibilities of City: The contract outlines the responsibilities of the City, using the standard
terms of public-private and joint-venture partnerships, including specifying goods delivery
terms, notice requirements for contract termination, and affirming non-discrimination,
insurance, and property guidelines. The City is also responsible for allowing and providing
access to the Lucie Stern Community Theatre during designated hours, providing basic
maintenance of capital equipment, monitoring production safety, and providing information
regarding other scheduled facility uses (such as City-sponsored events or private rentals).
Responsibilities of Company: Additionally, the agreement stipulates the responsibilities of the
theatre company, including their duty to abide by City and department policies and procedures
(specifically including and as related to, without limitation, conduct in community centers,
injury and illness prevention, sale of alcoholic beverages, operations, building emergency
procedures, zero waste, and facility use). Other responsibilities include timely remittance of
fees and surcharges, requirements for sufficient building supervision/staffing, recordkeeping of
ticket sales and surcharge remittance for compliance with audits, and adherence to standard
practices for facility security.
This renewed agreement is substantially similar to previous agreement. The $2.00 ticket
City of Palo Alto Page 3
surcharge is consistent with the Municipal Fee Schedule adjustments effective 07/01/2012.
Resource Impact
No additional City resources are required as a result of the renewal of this agreement and it is
anticipated that this partnership will lead to enhanced program and capital funding over the life
of the agreement.
Policy Implications
This partnership would be categorized as a Joint Venture partnership under the City’s Public-
Private Partnership Policy (Policy 1-25; Public-Private Partnerships; Attachment B). The
partnership with TheatreWorks furthers Policy
C-7 of the Community Services element of the Comprehensive Plan: “Actively work with
private, nonprofit, and public community service organization to avoid duplication and to
coordinate the delivery of services like child care, senior services, and recreation” and Policy G-
12 of the Governance element: “Continue and expand the opportunities for public and
nonprofit organizations serving the City to provide information about themselves to the
public.”
Attachments:
TheatreWorks Community Theatre Agreement (PDF)
Public Private Partnership Policy (PDF)
Page 1
AGREEMENT
FOR PERFORMING ARTS SERVICES
THIS AGREEMENT FOR PERFORMING ARTS SERVICES (“Agreement”) is made and
entered into as of the 15th day of January , 2014 by and between THE CITY OF PALO ALTO,
a municipality chartered under the laws of the State of California (“City”) and
THEATREWORKS, a California nonprofit public benefit corporation, located at 350 Twin
Dolphin Drive, Redwood City, California (telephone: 650-463-1950) (“Contractor”)
(individually, a “Party” and, collectively, the “Parties”). In consideration of their mutual
covenants, the Parties hereby agree as follows:
1. SERVICES: During the Term of this Agreement, as defined in Section 5 below,
Contractor shall present that portion of Contractor’s 2013-2014 theatrical performances (the
“Services”) that are produced at City’s Lucie Stern Community Center.
2. FACILITY: For purposes of this Agreement, the defined term “Facility” is deemed to
mean those portions of the Lucie Stern Community Center comprising the theatre, lobby, green
room, dressing rooms, scene shop, paint shop, light and sound booth, flat storage, rehearsal hall
and costume shop.
3. FEE: Pursuant to the Municipal Fee Schedule (Exhibit G), the services to be performed
under this Agreement constitute a “Class I” use of the Facility.
4. EXHIBITS: The Exhibits listed below, Appendices A through L and Attachments 1
through 5 are attached hereto and are incorporated herein by this reference. The Parties
acknowledge that this Agreement shall have no force or effect unless all such Exhibits,
Appendices and Attachments are attached hereto.
Exhibit A: Responsibilities of Contractor
Exhibit B: Responsibilities of City
Exhibit C: General Conditions
Exhibit D: TheatreWorks Addendum
Exhibit E: Non-Discrimination Form
Exhibit F: Proof of Liability Insurance
Exhibit G: Municipal Fee Schedule
Exhibit K: City of Palo Alto Non-discrimination Policy
5. TERM: The services under this Agreement shall commence as of January 15, 2014 and
shall terminate on June 30, 2014 (the “Term”).
6. COMPENSATION: During the Term, Contractor shall pay City: (a) Two Dollars
($2.00) for each ticket sold and (b) compensation for the Facilities Attendant present at each
performance, at prevailing rates as set forth in the Municipal Fee Schedule, a copy of which is
attached hereto as Exhibit G. Contractor shall send payment in accordance with Exhibit C to
City, Attn: Project Manager.
7. HOLD HARMLESS: Contractor shall indemnify, defend and hold harmless City, its
Page 2
Council Members, officers, employees and agents from and against any and all demands, claims
or liability of any nature, including wrongful death, caused by or arising from the acts, errors,
omissions, willful misconduct, or gross negligence during the Term by Contractor, its officers,
directors, employees, subcontractors or agents, except to the extent such demands, claims or
liability of any nature arise from the acts, errors, omissions, willful misconduct, or gross
negligence of City, its Council Members, officers, employees, contractors or agents.
8. ENTIRE AGREEMENT: This Agreement and the terms and conditions set forth in the
attached Exhibits, Appendices and Attachments represent the entire agreement between the
Parties with respect to the Services. All prior agreements, representations, statements,
negotiations and undertakings whether oral or written are superseded hereby.
9. QUIET ENJOYMENT: Contractor, upon payment of the consideration required
hereunder and Contractor’s performance of all obligations of Contractor hereunder and
Contractor’s observance of City’s policies referenced herein, shall and may peacefully and
quietly have, hold and enjoy the Premises during the Term.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT
THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE
THE City OF PALO ALTO, a municipality
chartered under the laws of the State of California
THEATREWORKS, a California non-profit
public benefit corporation
By: __________________________________ By: __________________________________
Judge Luckey Phil Santora
Its: PROJECT MANAGER AND
REPRESENTATIVE FOR City Managing Director
I.R.S. Number: 94-2831245
Address: P.O. Box 10250
Palo Alto, CA 94303
Telephone: (650) 329-2519
City OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN
APPROVAL BOXES BELOW)
City DEPARTMENT Funds Have Been
Budgeted
(1)
PURCHASING & CONTRACT
ADMINISTRATION INSURANCE
REVIEW
(2)
APPROVAL OVER $25,000
(3) PURCHASING MANAGER
APPROVAL OVER $25,000 APPROVAL OVER $85,000
City OF PALO ALTO
BY:_____________________________________
City ATTORNEY
ATTEST:
BY:________________________ _______________________
MAYOR City CLERK
Page 3
EXHIBIT A
RESPONSIBILITIES OF CONTRACTOR
During the Term, Contractor shall:
(1) Abide by the policies/procedures established by City and City’s Arts and Sciences
Division and the Department of Community Services for the use of City facilities,
equipment, costumes, props, furniture, scenery and other production elements. These
shall include, but are not limited to, Regulations of the City of Palo Alto Regarding
Prohibited Conduct In Community Centers and Theaters (Appendix A), the City of Palo
Alto Injury and Prevention program (Appendix B), Policy for Sale of Alcoholic
Beverages (Appendix C), Operations Manual (Appendix D), Safety Procedures and
Guidelines (Appendix E), Building Emergency Procedures (Appendix F), procedure for
adjusting the Forestage height, including use of the Scissor lift (Appendix G), House
Manager's Guide (Appendix H), Zero Waste Plan (Appendix I), Costume Room
Guidelines (Appendix J), City Report of Accident/Property Damage (Appendix K), and
City’s Danger Policy (Appendix L). Follow safety procedures for the use of power and
hand tools, mechanical lifts, etc. including the use of safety goggles, ear protection, face
shields, safety cables, outriggers, etc.
(2) Obtain, supervise, and pay all necessary related fees for the services of all professional
assistance needed to produce Contractor’s productions (the “Productions.”) Such
assistance may include, but is not limited to the following: Production Directors, all
Designers, Carpenters, Painters, Production Assistants, Music Directors, Choreographers,
Musicians and other Front of House, Artistic or Administrative personnel.
(3) Pay all fees and costs for materials, supplies, scripts, royalties, licenses and other fees and
expenses connected with the Productions, including all make-up removal supplies.
(4) Bear sole responsibility for the control and supervision of all production activities and
personnel connected therewith, and notify all personnel of their obligations and
responsibilities pertaining to their respective responsibilities, having primary
responsibility for building security when Contractor is occupying City facilities.
(5) Provide Project Manager or his/her designee with a list of all pyrotechnic effects
(including the use of open flames), all hydro technical effects, all use of fog or haze, all
loud noises (e.g., gunshots), and all use of strobe lights at least twenty-one (21) days prior
to first use on stage. No flames shall be permitted on stage without the required fire
permits from City. Smoking by any of the actors on stage as an integral part of the
Production is deemed a pyrotechnic effect. Safety precautions approved by a City Fire
Inspector and Project Manager or his/her designee will be taken when smoking is
occurring on stage, and the audience shall be notified beforehand that smoking, loud
noises (e.g., gunshots) or use of strobe lights will occur on the stage. All Fire Department
fees for “Open Flame Permits” and “Candles and Open Flames in Assembly Areas
Permits” shall be the responsibility of Contractor.
(6) Provide Project Manager with the rehearsal schedule, performance schedule, shop
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schedule and any requests for the use of City facilities (including but not limited to the
Facility, as defined in Article 2, rooms located in the Lucie Stern complex and the Lucie
Stern Courtyard and patio) for any purpose. Space reservations for the Facility are
specified in Attachment 1. Space reservations for rooms other than the Facility should be
made at least six (6) weeks in advance. No performance shall begin earlier than 9:00 a.m.
nor end later than midnight. In no event shall Contractor conduct rehearsals or other
activities, or otherwise occupy City facilities from 12 midnight to 8:00 a.m. unless prior
written permission is obtained from Project Manager or a designated employee of City is
on site. Contractor shall observe all facility security rules and regulations as established
by City (Appendix A).
(7) Designate as Project Director for the length of this Agreement an employee or sub-
contractor to manage or supervise all areas, Contractor personnel and Contractor property
in this Agreement, including production, technical, house personnel and any and all
support groups and to be Contractor’s liaison with Project Manager or his/her designee in
all matters relating to the City in any way.
(8) Arrange for auditions and casting for the Productions and have sole responsibility for the
supervision and control of all performers. With respect to casting, Contractor shall have
sole discretion to choose and approve the qualifications and select the cast. In personnel
decisions, Contractor shall agree to and comply with the provisions of the City’s non-
discrimination policy (Exhibit K).
(9) Engage the services and train crew members in appropriate areas of theatre production
activity and utilize crew members in a safe and effective manner in the presentation of
the Productions. Contractor shall be solely responsible for the control and supervision of
such participants and shall indemnify, defend, and hold harmless the City from and
against any claims or liabilities arising from the acts or omissions of such personnel. All
such personnel shall be deemed the sole agents and employees of Contractor and shall be
notified by Contractor of this circumstance.
(10) Exercise safe practices in the use of City facilities and equipment, maintain and clear
work areas, and, within twenty-four (24) hours, report, on a form provided by City
(Appendix K), information regarding accidents. Immediately report to Project Manager
or his/her designee on a form provided by City any breakage, malfunction, deterioration
or loss of any of the City’s resources (including musical instruments, tools, lights, sound
equipment, props, curtains, etc.). Contractor shall not attempt repair of City equipment
without prior consultation with the Project Manager. Contractor shall immediately
discontinue any activity in which an unsafe or dangerous condition exists. Contractor
shall train and supervise Contractor’s staff and volunteers on safe theatre practices and
adhere to City’s safety procedures and guidelines. If, in the opinion of any City or
Contractor employee, Contractor is conducting an activity in an unsafe manner,
Contractor or its agents shall be informed and shall immediately discontinue such activity
until such activity is able to be conducted in a safe manner approved by City staff.
(11) In conformance with the Americans with Disabilities Act (ADA) of 1990 guidelines and
requirements, Contractor shall bear responsibility for providing appropriate auxiliary
Page 5
aids, interpretive services and accommodations where they are necessary to achieve an
equal opportunity for patrons to participate in and enjoy the benefits of public
performances produced under the Agreement. Printed programs shall include the
following statement required by the Americans with Disabilities Act: "Persons with
disabilities who require information on auxiliary aids or services in using City facilities,
services, or programs or who would like information on the City's compliance with the
Americans with Disabilities Act (ADA) of 1990, may contact: ADA Coordinator, City of
Palo Alto, 650-463-4952 (Voice) or ada@Cityofpaloalto.org (Internet).
(12) Maintain its existence as an independent, non-profit corporation under the laws of the
State of California.
(13) Submit all signs or displays to be located on or in the Facility to Project Manager or
his/her designee for approval at the first production meeting. All displays may be put up
at load-in and must be removed during strike. Inside the Facility, no display materials
may be placed upon stucco walls. Lobby displays may be placed only on the lobby
display boards, and all fasteners must be removed at the time display is taken down.
Nothing may be posted on the exterior walls or doors of the Facility or in the Stern
courtyard, except for items in the display case and an approved production name sign
hung from the theatre balcony. Marquee signs must be constructed of light weight
material, and shall be secured in such a way that the sign is unlikely to become dislodged
by normal vibration or seismic activity. Signs shall be of a standard size no larger than
ten feet in length and eight feet in height. All marquee signage must be attached to the
theatre balcony with rigging so that the sign may be easily removed for limited periods
during photography shoots, special events, or building maintenance.
(14) Clean and clear the auditorium, stage, paint shop, scene shop, flat dock, and costume
shop, green room, dressing rooms, rehearsal hall, hallways and outdoor areas adjacent to
theatre and shop. Disassemble and store, to Project Manager’s or his/her designee’s
reasonable satisfaction, scenery, properties, and other production elements, within six
hours after the final performance or on such other time schedule mutually agreed upon
between Contractor and Project Manager or his/her designee and the incoming authorized
user of the facilities, if any. The stage shall always be returned to its basic set-up as
established by Project Manager or his/her designee unless there is a mutual agreement
with the incoming group that has been approved by Project Manager or his/her designee.
All items on the STRIKE CHECKLIST are to be performed unless there is a mutual
agreement with the incoming group that has been approved by the Project Manager or
his/her designee. The Project Manager or his/her designee will sign a copy of the
STRIKE CHECKLIST form at the completion of the strike to signify acceptance of clean
and neat facilities.
(15) Leave storage, paint, scene, and costume spaces clean and clear of Contractor’s materials
other than those materials necessary for the ongoing maintenance and repair of the sets
and costumes by the Monday following opening performance.
(16) Leave all spaces clear, clean and orderly at the end of each use. Rehearsal Hall is to be
cleared of all materials, except major set pieces and any rehearsal props, after each daily
Page 6
use. Rehearsal Hall is to be completely cleared within twenty-four (24) hours of final use.
Kitchen, restrooms and dressing rooms are to be cleaned and cleared after each daily use.
Trash, recycling and compostable materials are to be removed from all areas daily.
Recyclables and compostable materials are to be placed in the recycling and composting
carts near the trash dumpster and garbage and trash are to be placed into the dumpster.
Contractor is required to reduce waste, reuse and recycle per the City’s Zero Waste Plan
(Appendix I). Office space and hallways are to be kept continually clear, clean and
orderly and neither space shall be used for the purpose of set, prop, or costume storage.
Materials may not be left or stored any place out-of-doors overnight or when unattended
by Contractor’s personnel.
(17) Enforce current regulations as established by City with regard to smoking, food and drink
in City facilities (Appendix A). Contractor shall provide ushers at all previews and
performances to enforce such regulations. Smoking is not permitted inside any City
facility. No person shall bring any animal into the theatre. This regulation shall not apply
to service animals assisting individuals with disabilities or to animals in training to
become service animals. Use of animals on the stage is subject to approval by Project
Manager or his/her designee. Food and drink are not permitted in the auditorium,
light/sound booth or on stage, unless used as part of a production scene. Food and drink
shall be permitted only in approved areas such as the green room and lobby. Contractor
shall clean up all food and drink containers daily after use.
(18) Contractor will be responsible for cleaning the Lucie Stern hallway restrooms for
weekend performances.
(19) Comply with City TB test requirement for employees and volunteers of Contractor at any
time the City Risk Manager deems it necessary. If minors are involved in the Production,
Contractor shall comply with all of the State of California’s rules and regulations
regarding Child Labor.
(20) Comply with City sound ordinance levels for any outdoor activities, including load-in,
strike, dismantling, or disposal. Shop doors facing Hopkins and Harriet Streets shall be
closed between 8:00 p.m. and 8:00 a.m.
(21) In addition to the Facilities Attendant referenced in Section 5 of the Agreement, pay any
additional Attendant according to prevailing rates as set forth in the Municipal Fee
Schedule attached as Exhibit G, pursuant to the following
(a) For a period of one (1) hour prior to until at least one half (1/2) hour after the
completion of each Performance listed in TheatreWorks Production and Exclusive
Use Schedule, 2013 – 2014 (Attachment 1).
(b) For any Performance not included in Attachment 1, Contractor may add
additional performances of the Productions listed in Attachment 1 upon thirty (30)
days’ advance notice to City.
(c) When using other City facilities at the same time as a Performance listed in
ATTACHMENT 1.
Page 7
(22) Provide house manager and ushers for every Performance or event whenever the public is
in attendance. Contractor shall only engage the services of ushers have been trained in
theatre emergency, safety and use procedures usher. Contractor shall submit a list of its
trained personnel to Project Manager prior to public performances for each Production.
Ushers must be available to assist patrons under all circumstances and must be aware of
and able to assist disabled persons. Contractor’s House Manager and ushers must also be
available to assist in emergency situations throughout the entire Performance until the
audience has left the theatre. Ushers must ensure that wheelchairs, walkers, etc. are not
blocking any of the aisles or exits. Ushers shall return seats to the upright position and
remove litter from the auditorium and restrooms at the conclusion of each performance.
(23) Install and/or remove the removable auditorium seats in designated areas to
accommodate wheelchair patrons and as required due to the needs of the Production.
(24) Remove from the Facility, at the conclusion of each Production, costumes, properties and
sets created by Contractor with Contractor-owned materials, which costumes, properties
and sets will remain the property of Contractor. All office equipment, construction tools,
special effects and lighting equipment purchased and owned by Contractor will remain
the private property of Contractor and City assumes no responsibility or liability for the
loss or maintenance of such materials. All equipment, instruments, costumes and any
other materials rented, borrowed or owned by any subcontractor, agent or person for
Contractor is the responsibility of Contractor and/or its subcontractors, and City assumes
no responsibility or liability for their maintenance or loss. Contractor assumes all liability
and responsibility for any default on Production expenses.
(25) Replace or repair or cause to be replaced or repaired by factory authorized technicians
City-owned equipment, instruments or materials identified by Project Manager or his/her
designee as having been lost, damaged or destroyed by Contractor or its agents. A written
report must be made on a City form whenever City equipment is lost, damaged, or
destroyed by Contractor.
(26) Upon written application to Project Manager or his/her designee and upon express
approval and written authorization of Project Manager or his/her designee, use City-
owned properties, sets, costumes, scenery, furniture and equipment for Productions not
scheduled in the Agreement. Approval, if any, shall be given to Contractor in writing. In
the event any of such items are damaged or destroyed, Contractor shall bear
responsibility for the repair or replacement of such items to the reasonable satisfaction of
Project Manager.
(27) Upon written application to Project Manager or his/her designee at least sixty (60) days
prior to the applicable date, request approval to use the Facility for classes, camps or
workshops. No later than thirty (30) days prior to the applicable date, the Project
Manager or his/her designee shall deliver to Contractor in writing his/her approval or
disapproval. Failure to respond shall be deemed approval. In the event of disapproval,
then he/she shall briefly explain the reasons therefor. No such activity will be advertised
or promoted until it has been approved by the Project Manager or the time for review has
passed, whichever occurs first.
Page 8
(28) Comply with all State and City laws relating to the sale and consumption of alcoholic
beverages. Alcohol is permitted at the Facility if approved by Project Manager, whose
approval will not be unreasonably withheld. Unless otherwise specifically permitted and
pursuant to City policy, the only alcoholic beverages that may be sold or served at City
facilities are wines, including champagne and sparkling wine. If alcoholic beverages are
to be sold or distributed free of charge, Contractor must possess a valid On-Sale General
Theatre License for the Facility. [TW COMMENT: This is the type of license that is
required.] A copy of Contractor’s permit for the sale or distribution of alcoholic
beverages shall be provided to Project Manager. Proof of liquor liability insurance where
City is named as co-insured with liability of at least One Million Dollars ($l,000,000.00)
shall be required. Permits are to be displayed as required by law. It is the responsibility of
Contractor to ensure that no alcoholic beverage is served to a minor. Identification must
be checked if the person appears to be under thirty (30) years of age. After each
performance, Contractor shall remove all items, including cups, glasses, bottles, napkins
and food from the lobby and other areas within the Facility as well as the courtyard.
Contractor is required to adhere to City’s Recycling and Zero Waste Program (Appendix
I).
(29) Shall cause to have present at the Facility at all times when Contractor or any of its
employees, subcontractors or volunteers is in the Facility one of Contractor’s designated
and City-approved key and/or proximity card holders. Any exceptions to the foregoing
requirement must be approved, in writing, by Project Manager or his/her designee. Any
exceptions must be approved by Project Manager or his/her designee in writing.
(30) Prevent any modifications of a permanent or disfiguring nature of or to the Facility.
Contractor may not install or attach anything in or on the Facility without having first
submitted a written request to Project Manager and having received written permission
from Project Manager or his/her designee. The approval of Project Manager does not
relieve Contractor from any responsibility to obtain necessary City permits or Building
Department approvals for the modification. Should Contractor violate the provisions of
this Paragraph (30), Contractor shall be charged for all repairs necessary to restore the
Facility to its original condition and for any additional costs arising from such violation.
(31) Immediately report to the police any incidents of a criminal or suspicious nature
occurring on City property, and notify Project Manager or his/her designee within twelve
hours. If initial notification is verbal, Contractor must subsequently submit the
information in writing to Project Manager or his/her designee on a form provided by
City.
(32) Ensure that the doors to the Scene Shop, Rehearsal Hall, and Costume Shop, as well as
any other exterior access doors to any area of the Facility, are not left open, unlocked or
left with the locking mechanism disabled, even if only briefly, at any time when the
immediate area secured by the door is unoccupied by Contractor. Failure to do this may
result in the imposition of greater restrictions imposed on Contractor for access to the
Facility, including the possible forfeiture of keys/proximity cards by Contractor and/or
restricted access times.
Page 9
(33) Complete a City Report of Accident/Property Damage report (Appendix K) for any and
all accidents, injuries or property damage if a City employee is not present to fill out the
report.
(34) Operate and conduct business in compliance with City’s Zero Waste Plan (Appendix I)
for all activities including, but not limited to, set construction and strike, food and
beverage service, and office activities. The City Recycling Program department can assist
with resources for achieving this goal. The goal is to send as little waste to landfill as
possible through waste reduction, reuse and recycling. To achieve this goal Contractor
must first reduce waste whenever possible.
(35) Avoid the use for food/beverage service of disposables, including, but not limited to,
Styrofoam and other plastics. Reusable food/beverage service ware should be utilized to
the maximum extent possible. Where a reusable food/beverage service option is not
available, Contractor shall choose items that are recyclable. For concessions, choose
product packaging that is recyclable.
(36) Practice reuse before, during and after Production. City shall provide a list of reuse
resources to avoid the disposal of construction materials, sets and props. Contractor must
recycle construction debris from set materials (e.g. wood, metal).
(37) Recycle all materials included in the City’s Recycling Program including paper (all
types), plastic containers #1-#7, cardboard, glass bottles and jars, and metal cans.
Compostable materials will be disposed of in designated compost waste receptacles.
(38) Include on the title page of all production and event programs the following credit: “Use
of this facility is made possible through support from The City of Palo Alto, Community
Services Department, Division of Arts and Sciences,” and include the official City of
Palo Alto logo on the title page or prominent placement within event programs; print in
all publicity for the Productions, including, but not limited to, mailings, flyers, posters,
brochures, and paid or public service advertising, the statement: “In cooperation with the
City of Palo Alto Community Services Department, Division of Arts and Sciences.” The
City of Palo Alto, Community Services Department, Division of Arts and Sciences shall
also be credited in the Contractor’s list of funders as a “Civic Sponsor.”
Page 10
EXHIBIT B
RESPONSIBILITIES OF CITY
During the Term, City shall:
(1) Allow Contractor the exclusive use of the Facility, as defined in Article 2, as scheduled in
Attachment 1 for the preparation and presentation of Productions performed under this
agreement provided that Contractor submits specific rehearsal schedules, performance
schedules and shop use schedules. Any use of City facilities and equipment other than
those listed in the Agreement and the Exhibits thereto, which facilities and/equipment are
nonetheless required to allow Contractor to perform its Services hereunder are subject to
a different contract between City and Contractor. (“Non-Facility Contracts”).
(2) Allow the use of the auditorium and the stage for performances and brush-up rehearsals
within the period described in Exhibit A, Paragraph 6.
(3) Allow the use of the exclusive use of the stage and the auditorium prior to the opening
night of the Productions , with the exception of emergency maintenance procedures that
may require access to the stage and auditorium during this period, according to the
production schedule set forth in Attachment 1. Allow the use of the rehearsal hall, box
office, scene shop, paint shop and costume shop according to the schedule as set forth in
Attachment 1. Additional facility use may be provided as specified in item (Exhibit B
(1); Exhibit A (27)) above; however, priority use of the room will always be given to
actual rehearsals of productions covered by a contract with City. City reserves the right to
allow other uses of space within the Facility when not in actual, scheduled use by
Contractor on a non-interference basis and with at least seventy-two (72) hours’ prior
notice to Contractor.
(4) Allow Contractor to use all operational production equipment in City’s inventory as
requested by Contractor and approved in writing by City. Contractor shall take such
equipment "as is" and is responsible for ensuring that such equipment is in a safe
condition prior to use and is returned in working condition at the conclusion of its use or
of the Production.
(5) Monitor all aspects of production with respect to safety issues (Appendix E). If Project
Manager or any designee(s) deem(s) that any procedure followed by Contractor is unsafe,
he or she has the authority to require the immediate suspension of such procedure. City
and Contractor will work together to prevent or quickly mitigate any fire hazards or any
items identified by the Fire Department during facility inspections.
(6) Provide persons designated by Contractor and approved by Project Manager or his/her
designee with keys, proximity cards (up to a maximum of six), and alarm codes for
access to the Facility for the sole purpose of carrying out the requirements of the
Agreement. Keys, proximity cards, and alarm codes shall not be loaned or transferred and
shall be used only by the designated persons. In the event that Contractor fails to
properly open or lock and secure City facilities leading to a false alarm call-out or leaves
areas of the facility unlocked and unattended, a Two Hundred Dollar ($200.00) penalty
Page 11
shall be paid to City on each such occasion. In the event that a designated key holder
loses any key or proximity card issued by City, Contractor shall be assessed a Seventy-
Five Dollar ($75.00) replacement charge for each key or proximity card or pay for the
cost of rekeying or reprogramming the locks of the facility if circumstances indicate it as
determined in City’s reasonable judgment. Contractor will be responsible and held
accountable for all personnel, properties and activities of Contractor.
(7) Have the right, with no notice, to suspend the Agreement if the Facility should be
declared uninhabitable for reasons of safety by the proper authorities (e.g., if the building
should be damaged in an earthquake and be declared unsafe for occupancy). If there is an
outbreak of pandemic flu or other medical emergency and places of public gatherings are
closed, City will not assume any financial responsibility for loss of revenue by
Contractor. If the Facility is not available due to earthquake, other disaster, or safety
related issues, City will not assume any financial responsibility for loss of revenue by
Contractor.
(8) Have the right to borrow available Community Theatre-owned properties, sets, costumes
and scenery for productions scheduled in this Agreement. Costumes, properties and sets
created by Contractor with Contractor-owned materials will remain the property of
Contractor, and shall be removed from the Facility at the conclusion of the production in
which the materials are used. The Project Manager or his/her designee may, on a case-
by-case basis, authorize exceptions. All office equipment, construction tools, special
effects and lighting equipment purchased and owned by Contractor will remain the
private property of Contractor and the City assumes no responsibility or liability for the
loss or maintenance of such materials. All equipment, instruments, costumes and any
other materials rented, borrowed or owned by any subcontractor, agent or person for the
Contractor is the responsibility of the Contractor and/or its subcontractors, and the City
assumes no responsibility or liability for its maintenance or loss.
Page 12
EXHIBIT C
GENERAL CONDITIONS
(1) City. The Manager Arts-Children’s Theatre is hereby designated Project Manager for
City, who shall render overall supervision of the progress and performance of this
Agreement by City. All City services set forth in this Agreement shall be performed by
City under the overall supervision of Project Manager or his/her designee. Contractor
shall go through Project Manager or his/her designee in all matters dealing with City
policies, funding, facilities, equipment and other City departments outside the Facility.
(2) Contractor. Contractor shall assign a single Project Director who shall have overall
responsibility for the compliance of Contractor with the Agreement. Should
circumstances or conditions subsequent to the execution of this Agreement require a
different Project Director, Contractor shall notify City immediately of same. The Project
Director shall be responsible for all actions of Contractor. The Project Director shall also
be responsible for disseminating to appropriate personnel all communication and
information from City.
(3) Access. Contractor shall not prevent Project Manager, facility maintenance personnel,
and/or others specifically designated by Project Manager from access to the Facility;
provided, however, that City shall use its best efforts not to disrupt the activities of
Contractor as permitted by the Agreement. The Project Manager and others specifically
designated by Project Manager shall attempt to coordinate such access if possible.
Notwithstanding the foregoing, except in the case of emergency or if they are present on
the premises as members of the audience or specifically invited into the backstage areas
of the theatre, Project Manager, facility maintenance personnel and/or others specifically
designated by the Project Manager shall not enter the auditorium or backstage areas
during public performances of a production.
(4) Days Defined. The term "days" shall mean calendar days.
(5) Qualifications. Contractor represents that it is qualified to furnish the Services described
under the Agreement.
(10) Ticket Sales:
(a) Contractor’s budget for the Term of the Agreement is attached hereto, marked
“Attachment 2” and incorporated herein by reference as though fully set forth
herein.
(b) Contractor shall be responsible for sale of season tickets and single tickets,
depositing of revenue and reporting of revenue and expenditures, and shall place
available tickets for each Production for sale at the theatre box office one hour
prior to each performance. Until one (1) hour prior to the beginning of a
Performance, Contractor shall not sell (a) seat numbers C1, C2, D1, D2, D3, and
D4; (b) either (i) the block of seats T2, T4, T6, T8, T10, U2, U4, U6, U8 and U10
Page 13
or (ii) the block of seats T1, T3, T5, T7, T9, U1, U3, U5, U7 and U9 for the
purpose of making such seats available for the disabled; provided, however, that
this Section 10(b) shall not apply to the sale of tickets for such seats to persons
who identify themselves as disabled when they purchase their ticket.
(c) Contractor agrees the price of admission for the season shall be as set forth in
Attachment 3.
(d) Contractor shall remit to City a surcharge in the amount of Two Dollars ($2.00)
for each and every ticket sold either through subscription, group, individual,
promotional or any other means. The foregoing surcharge is due within thirty
(30) calendar days the closing date of the Production. The word “sold” as used in
this Paragraph (10)(d) is to include any tickets given in exchange for monetary
consideration, including donations. City may, in its discretion, add a three percent
(3%) surcharge levied for payments received between 31 days and 60 days after
the closing date of the Production, a four percent (4%) surcharge levied for
payments received between 61 days and 90 days after the closing date of the
Production, and a five percent (5%) surcharge levied for payments received in
excess of 90 days of the closing date of the Production. Payment must be
accompanied by the production report specified in section C(13),
“PRODUCTION REPORTS AND RECORDS,” item (a) before payment will be
considered to have been made.
(e) Contractor shall provide City, when requested by Project Manager or his/her
designee, with at least six (6) complimentary tickets for each Production on the
date(s) requested. Best available seating will be provided to City if any seats are
available at the time of the request.
(f) Contractor may operate an intermission snack concession during each
Performance under this Agreement. Contractor shall conduct such operation in a
safe, clean manner and shall hold City harmless from any claim or demand or
liability of any nature whatsoever which may arise out of such operation. If
alcoholic beverages are to be sold or distributed free of charge, Contractor shall
have on display a California State A.B.C. Permit and provide Project Manager
with proof of liquor liability where City is named as co-insured with liability of at
least one million dollars ($l,000,000.00) (See Exhibit A (29) above). It is the
responsibility of Contractor to ensure that no alcoholic beverage is served to a
minor by checking I.D.’s if the person appears to be under thirty years of age.
Food and drink may not be taken into the Auditorium or the Light/Sound Booth at
any time. Contractor shall remove all cups, glasses, bottles, napkins and food
from the lobby, green room, and any other affected areas, including the courtyard,
after each performance. Contractor is required to adhere to City’s Zero Waste
Plan (Appendix I).
(11) Composition of Contractor. Throughout the term of this Agreement, Contractor shall
remain an independent, non-profit public benefit corporation under the laws of California
and be governed by a Board of Trustees. Any changes in Contractor’s Articles of
Page 14
Incorporation, By-Laws, or tax-exempt status shall be reported by Contractor
immediately to Project Manager. Not more than twenty-five percent (25%) of the
persons serving on the governing board of Contractor may be interested persons.
"Interested persons" means any person currently being compensated by Contractor for
services rendered to it, whether as a full or part-time employee, independent or otherwise,
but excluding any reasonable compensation paid to a director as director.
(12) Fiscal Responsibilities of Contractor.
(a) Fiscal Agent. Contractor shall appoint a fiscal agent who shall be responsible for
the financial and accounting activities of Contractor, including the receipt and
disbursement of Contractor funds. Contractor shall provide City with the name of
a fiscal agent (Attachment 4) and notify Project Manager within five (5) business
days of any changes occurring during the Term. Contractor shall have sole
responsibility for the safekeeping of Contractor tickets and monies.
(b) System of Accounts. Contractor and its fiscal agent shall establish and maintain a
system of accounts that shall be in conformance with generally accepted
principles of accounting for budgeted funds. Such system of accounts shall be
subject to the review and approval of City staff.
(c) Financial Records. In support of its system of accounts, Contractor shall maintain
complete and accurate records of all financial transactions, including, but not
limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled
checks, and bank statements. City may inspect these records at Contractor’s office
upon reasonable advance notice and during normal business hours upon request.
NOTE: Contractor’s cash receipts are not to be stored on the Premises between
Productions.
(d) Audit of surcharge payments. Contractor shall retain for a period of at least three
(3) years bar-coded electronic records of tickets sold, sales records, and a verified
report of sold and unsold tickets which must be made available to City of Palo
Alto Auditor upon request.
(13) PRODUCTION REPORTS AND RECORDS.
(a) Reports. On reasonable notice and with reasons specified, Contractor shall grant
Project Manager and/or City’s Auditor access to all Contractor records relating to
this Agreement, including performance records, data, statements, and reports.
(b) Tax Form 199. A copy of Contractor’s most recently filed California State Tax
Form 199, "California Exempt Organizations Annual Information Return" must
be filed with Project Manager or his/her designee within fifteen (15) days of when
it is due to the State of California and shall also be attached to this agreement
prior to its final approval (Attachment 5).
(14) CORRECTIVE ACTION REQUIREMENT. Notwithstanding the requirements of this
Agreement, in the event City should determine from any source, including but not limited
Page 15
to reports submitted by Contractor under this Agreement or any evaluation report from
any source, that Contractor may not be in compliance with any provision of the
Agreement, City may forward to Contractor written notice of same. Such notice shall
specify with particularity the nature of the condition(s) or issue(s) that require(s)
corrective action and may include a recommendation as to appropriate corrective action.
Within fifteen (15) days of City’s request, Contractor shall submit its written response to
the notice, which response shall set forth its view of the alleged violation and its proposed
plan, if any, for corrective action. Upon request of either Party, the Parties shall meet
within five (5) days thereafter to discuss the alleged violation and proposed corrective
action.
(15) CONTRACTS WITH OTHER AGENCIES. Contractor agrees not to enter into any
contract or agreement with another person or agency that will materially interfere with or
inhibit the full performance of the Services to be provided by Contractor under this
Agreement. Contractor agrees to terminate as soon as legally possible any contract or
agreement which will materially interfere with or inhibit the full performance of the
services to be provided by Contractor to City under this Agreement. Nothing herein is
intended to prohibit Contractor from applying for, and receiving, supplementary funding
from other than City sources so long as any agreement required for such funding does not
materially interfere with or inhibit the full performance of the services to be provided by
Contractor under this Agreement. Contractor is specifically encouraged to seek such
supplementary funding. Any agreement between Contractor and the Mountain View
Center for the Performing Arts or any other theatrical venue shall not be deemed to
violate this Section (15).
(16) INTEREST OF CONTRACTOR. Contractor covenants that it presently has no interest,
and shall not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of its Services hereunder.
Contractor further covenants that, to the best of Contractor’s knowledge and belief, in the
performance of its Services under the Agreement, no subcontractor or person having such
an interest shall be employed by Contractor. It is expressly agreed that, in the
performance of the Services hereunder, Contractor shall at all times be deemed an
independent contractor and not an agent or employee of City.
(17) ASSIGNMENT. Both Parties shall give their personal attention to the faithful
performance of this Agreement and shall not assign, transfer, or convey the Agreement or
any right, title, or interest in or to the same or any part thereof without the prior written
consent of the other Party, and then only subject to such terms and conditions as the other
Party may require. Consent to one assignment shall not be deemed to be consent to any
subsequent assignment. Any assignment without such approval shall be void and, at the
option of the other Party, shall terminate this Agreement and any license or privilege
granted herein. This Agreement and the Parties’ respective interests herein shall not be
assignable by operation of law without the prior written consent of the other Party.
(18) SUBCONTRACTORS. Contractor shall be responsible for employing or engaging all
persons necessary to perform the Services of Contractor hereunder. All subcontractors
are deemed to be employees of Contractor and Contractor agrees to be responsible for
Page 16
their performance. Contractor shall give its personal attention to the fulfillment of the
provisions of the Agreement by all of its employees, participants, volunteers, and
subcontractors.
(19) INDEMNITY. Except to the extent the same arise from the negligence or willful
misconduct of City, its officers, contractors, agents, employees, or persons brought onto
the Premises by or through City, Contractor shall defend, indemnify and hold harmless
City, its officers, contractors, agents, and employees and the Premises from and against
(a) any injury or death or property damage arising from the use or occupancy of the
Premises by Tenant, its officers, agents, employees or any persons brought onto the
Premises by or through Contractor, (b) any claims or demands made against City, its
officers, agents or employees by reason of any infringement or alleged infringement of
any copyright or trademark caused by or alleged to have been caused by Contractor or
any subcontractor under this Agreement, (c) any penalties imposed on account of the
violation of any law or regulation or of any term or condition of any permit in connection
with this Agreement, or (d) any damage arising under this Agreement from any loss or
damage to materials and equipment owned, rented or borrowed by Contractor, its
employees, subcontractors, participants, volunteers, sponsors or any others engaged in
connection with the Services rendered by Contractor under the Agreement.
(20) INTOXICATION. Contractor agrees to be responsible for injuries or damage caused by
any of its directors, officers, employees, agents, subcontractors, or volunteers who are
under the influence of alcohol, drugs, hallucinogens or narcotics, whether or not legally
prescribed. Neither Contractor nor City shall permit any of Contractor’s employees or
volunteers discovered to be under the influence of any of the foregoing substances from
remaining in any facility used under the terms of this Agreement and City reserves the
right of denying such persons further participation in the Productions. Consumption of
alcoholic beverages or use of illegal drugs at the Facility is expressly forbidden by any
person working for Contractor, paid or volunteer. This includes all staff, actors, crew and
musicians.
(21) WORKER'S COMPENSATION. Contractor certifies that it is aware of the provisions of
the Labor Code of the State of California, which requires every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance
with the provisions of the Code, and it certifies that it will comply with such provisions
during the Term of the Agreement.
(22) INSURANCE. Contractor, at its sole cost and expense, shall obtain and maintain in full
force and effect throughout the Term of the Agreement insurance coverage insuring not
only Contractor and its subcontractors, if any, but also, with the exception of workers'
compensation and employer's liability insurance, City, its officers, agents, and employees
and each of them. City is to be named as Additional Insured with liability coverage of at
least One Million Dollars ($1,000,000.00).
A copy of the certificate(s) of insurance shall be attached to the Agreement and shall be
filed with City concurrently with the execution of this Agreement. Said certificate shall
be subject to the approval of City Attorney and shall contain an endorsement stating that
Page 17
said insurance is primary coverage and will not be canceled or altered by the insurer
except after filing with City Clerk thirty (30) days' written notice of such cancellation or
alteration. Current certificates of such insurance shall be kept on file at all times during
the Term of the Agreement.
(23) WEAPONS. No firearms or other weapons, whether loaded or not, shall be allowed in
the Facility or any other City property. Stage weapons and firearms designed solely for
the use of blank cartridges will be allowed if they are being used as a prop in the current
Production, but must be stored, when not being used, in a secure manner by Contractor’s
stage manager or his/her designee. (Please reference City’s Danger Policy, Appendix L.)
(24) LEGAL COMPLIANCE. Contractor and all its paid employees, subcontractors, and
volunteer participants are required to abide by all applicable federal, state and local laws
and ordinances.
Page 18
EXHIBIT D
THEATREWORKS ADDENDUM
Contractor’s (THEATREWORKS’) personnel shall be permitted to manage, distribute and
collect the hearing-impaired devices (“headsets”) that City owns for use by hearing-impaired
persons at all Performances at the Facility, subject to the following restrictions:
(a) Contractor shall verify that all headsets and batteries are present and functioning
normally and shall report to Project Manager or his/her designee any missing or
broken items before taking control of them for the run of the Production.
(b) For any damage or loss of any headset while under Contractor’s control,
Contractor shall promptly, upon request, pay City the fair market price for any
necessary replacement or repair of any component of the headsets, as such
replacement or repair is reasonably determined by Project Manager or his/her
designee.
(c) Contractor will diligently ensure the security of the headsets, in a manner
approved by Project Manager or his/her designee, when the headsets are not in
use. When the headsets are not so secured, Contractor will not leave the headsets
unattended.
(d) Contractor will provide at least one (1) person in the Facility lobby, whose sole
responsibility will be to distribute and collect the headsets, as the case may be,
pursuant to the following:
(i) Beginning one-half (1/2) hour before each Performance until ten (10) minutes
after the Performance begins;
(ii) At all times during any and all intermissions; and
(iii) From the end of the Performance until all of the headsets have been returned.
(e) Contractor shall collect a Driver’s License or credit card as security for the loan of
a headset, which Driver’s License or credit card will be returned to its owner upon
return of the headset. Contractor will implement procedures for the safe handling
of the Driver’s Licenses and credit cards and their return to their owners.
(f) Contractor’s responsibility at the end of each performance will include the
following:
(i) Clean and otherwise sanitize all the earpieces by swabbing them with isopropyl
alcohol swabs.
(ii) Turn off the on/off/volume switches on all returned headsets and remove the
batteries, placing the batteries into the battery charger.
(iii) Return all headsets and batteries to their storage case.
Page 19
(iv) Verify the presence of all twenty (20) headsets and batteries.
(v) Return the headset storage case to its place in the rolling cart.
(vi) Return the rolling cart to the House Manager’s Closet.
(vii) Be sure the rolling cart is plugged into an electrical outlet.
(viii) Make sure the battery charger is getting power, as indicated by the red light
on the top of the case.
(ix) Padlock the rolling cart’s doors shut, using either the padlock provided by
City or a padlock supplied by Contractor, provided that Project Manager or
his/her designee has been given a copy of the key or the combination.
(x) Immediately report to City’s attendant at the Facility any missing headsets,
and turn over to the attendant any malfunctioning headsets.
The provisions of this Exhibit D may be terminated upon reasonable notice at any time by
Project Manager or his/her designee, and may be terminated upon thirty (30) days’ prior written
notice by Contractor.
Page 20
EXHIBIT E
NON-DISCRIMINATION FORM
Certification of Nondiscrimination:
As suppliers of goods or services to City of Palo Alto, the firm and individuals listed below certify
that they do not discriminate in employment with regard to age, race, color, religion, sex,
national origin, ancestry, disability, or sexual preference and that they are in compliance with all
federal, state, and local directives and executive orders regarding nondiscrimination in
employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
THEATREWORKS, a California non-profit public benefit corporation
Signature: ____________________________________________________________
By: Phil Santora
Managing Director
Signature: ____________________________________________________________
By: Scott Devine
General Manager
Page 21
EXHIBIT F
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (City), AT THEIR SOLE EXPENSE, SHALL, FOR THE TERM OF
THE CONTRACT. OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE
SPECIFIED BELOW AND AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF
CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED,
BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES THE City OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL
INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL
OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE
ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE
COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTORAND
ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF
WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL
MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE
IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
Page 22
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.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CONTRACTOR AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS,
SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST
A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
City OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
Page 23
EXHIBIT K
CITY OF PALO ALTO NON-DISCRIMINATION POLICY
Page 24
LIST OF APPENDICES
Appendix A Regulations Of The City Of Palo Alto Regarding Prohibited Conduct in
Community Centers and Theatres
Appendix B The City of Palo Alto Injury and Prevention Program
Appendix C Policy for Sale of Alcoholic Beverages
Appendix D Operations Manual
Appendix E Safety Procedures and Guidelines
Appendix F Building Emergency Procedures
Appendix G Procedure for Adjusting the Forestage Height Including Use of the Scissor
Lift
Appendix H House Manager’s Guide
Appendix J Costume Room Guidelines
Appendix K City Report of Accident/Property Damage
Appendix L City’s Danger Policy
Page 25
LIST OF ATTACHMENTS
ATTACHMENT 1 TheatreWorks Production and Exclusive Use Schedule, 2013 – 2014
ATTACHMENT 2 Contractor’s Budget for the Term
ATTACHMENT 3 Contractor’s Pricing Policy
ATTACHMENT 4 Name of Contractor’s Fiscal Agent
ATTACHMENT 5 Contractor’s Most Recently Filed California State Tax Form 199
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
1
PUBLIC/PRIVATE PARTNERSHIPS
POLICY STATEMENT
The City of Palo Alto encourages the formation of public/private partnerships for the benefits
the community receives. For the purposes of this policy, “public/private” also encompasses
“public/nonprofit” partnerships.
Definitions
Public/private partnership:A public/private partnership is an agreement between the City and
a nonprofit or private organization to provide services or to assist in funding of public facilities
and programs. Such partnerships may take various forms, including:
Acceptance of or solicitation of service or facility proposals
Facilitation of such proposals through the City's regulatory process
Waiver of City General Fund fees to help reduce project costs.
Contributions of City matching funds for construction of facilities to be owned and
controlled or operated by the City.
Provision of facilities to the private partner at no charge or at a subsidized rent.
Public/private partnerships typically fall into one of three categories: co-sponsorship, alliances
or joint ventures.
Co-Sponsorships:This is the most common type of public/private partnership. An
organization furthers the mission of the City by supporting a City activity or program in
conjunction with pursuit of that organization’s own mission or program. Co-sponsorships can
take the form of one-time events or annual agreements. Some examples of co-sponsorships
include the Palo Alto Tennis Club use of City courts to provide a youth tennis program and
American Youth Soccer Organization’s use of space in a City facility to train referees. Co-
sponsorships are entered into by staff and normally have no or minimal financial impact.
Alliances:This type of public/private partnership involves organizations that have been
created for the sole purpose of supporting a City program or an array of City programs. The
organization does not expect to receive any direct financial benefit or to alter City policy
and/or operations, but undertakes to work closely and cooperatively with staff to implement
City goals. Alliance organizations include the Recreation Foundation, the Art Center
Foundation (Project Look or Cultural Kaleidoscope), the Friends of the Children’s Theatre (the
Magic Castle), the Library Foundation and the Friends of the Palo Alto Library (financial
assistance with the renovation and expansion of the Children’s Library). Alliances are
approved by the Council if there are any staffing or budgetary implications to the partnership.
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
2
Joint Ventures: This type of partnership involves organizations which have programs or
missions independent of the City and involve the City entering into a contractual relationship
with the public or nonprofit organization with both parties contributing to the partnership for
their mutual benefit. Each joint venture is uniquely negotiated by the staff and approved by
the City Council. Examples of Joint Ventures include TheatreWorks, Palo Alto Players and
West Bay Opera’s use of the Community Theatre and use of the former police station by older
adult service provider, Avenidas.
PROCEDURES
Initiation of partnerships:Public/private partnerships may be initiated in one of three
ways:
By staff: Staff identifies an opportunity for such a partnership and undertakes
an informal or formal request for proposal process to identify partners.
By Council: The City Council directs staff to work with a private or nonprofit
organization to develop such a partnership.
By a private or nonprofit organization:An organization makes a partnership
proposal to the staff or City.
City Manager Review:If the partnership proposal involves more than one City
department, the City Manager’s Office will appoint a team with representatives of all
City departments who are stakeholders in the partnership proposal. The team will
analyze the proposal and inform the City Manager of the resource implications of the
proposal, including staffing and monetary commitments. This would include proposed
fee waivers. If the proposal will require a re-ordering of department priorities that have
already been approved by the Council in setting its annual priorities or in the budget
process, Council approval will be required prior to commitment to the partnership.
Council approval will also be required if the partnership requires a new or adjusted
allocation of operating or capital funding. Note: Co-sponsorships usually only involve a
single department and do not necessitate the formation of an interdepartmental
committee, the involvement of the City Manager’s Office or the approval of the City
Council.
City-Initiated Partnerships:Such partnerships will be guided by existing policies and
procedures governing purchasing and outsourcing, using “requests for proposals” and/or
bid processes as the method of initiating a partnership. A City-initiated partnership may
incorporate incentives including naming rights, waiver of non-enterprise fund building
and planning fees, reduced lease rates, free use of space, subsidies, and staff resources.
All incentives may be negotiated on a case-by-case basis.
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
3
Evaluation of Viability of Partnering Organization:Staff will provide the City Manager
and/or City Council with its assessment of the viability of the proposed partnership, based
on the partnering organization’s possession of sound organizational, administrative and
fiscal management, and its demonstrated experience to achieve and sustain project tasks,
such as fundraising and building community support. For proposed facility improvement
or expansion initiatives, the nonprofit or private organization should have the ability and
commitment to make a substantial pledge to the project’s cost.
Facilities Proposals:
If a City facility is to be renovated, expanded or otherwise be directly affected by
the partnership, the Infrastructure Management Plan will have to be adjusted
appropriately.
Long-term staffing, operational and maintenance costs must be identified in the
proposal.The project’s applicable costs and funding sources for furnishings,
fixtures and equipment will be identified.
The parties will negotiate the joint or separate financial responsibility for any
project cost overruns on a project-by-project basis.
Staff may recommend that any standard City processing or use fee authorized
under the Municipal Fee Schedule, excluding fees and charges levied by City of
Palo Alto Utilities or other City enterprise fund programs, should be waived as a
condition of the City's participation. Waiver of fees may be granted by the Council
and limited to those fees associated with a construction or capital improvement
project which, upon its completion, results in a new or improved public facility,
building or park, or some portion thereof, that will be solely owned or controlled
by the City. In the event that only a portion of a construction or capital
improvement project will result in a new or improved City facility, building or
park, or portion thereof, then the Council may waive only that portion of any
associated fee directly relating to the construction, improvement or enhancement
of the City facility, building or park.As appropriate, the summary and
recommendation in the report to the Council will include a staff recommendation
on waiving fees which the Council can approve or reject.
The City will determine whether the nonprofit or private organization shall use or
may forego a formal or informal competitive selection process in the hiring of
professionals who will perform the management, design and/or construction
phases of the project. The City shall review and approve the requirements for and
the performance of all phases of design, planning and construction work for the
project.
City of Palo Alto (ID # 4402)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: Amendment to agreement with Palo Alto Recreation
Foundation - $5,000 for 2014 World Music Day
Title: Approval of an Amendment to the Agreement with the Palo Alto
Recreation Foundation, to Include $5,000 Funding to Support the
Coordination of the 2014 World Music Day Event
From: City Manager
Lead Department: Community Services
Recommended Motion
Staff recommends that the City Council approve an amendment to the restated
agreement with the Palo Alto Recreation Foundation, to include $5,000 funding to
support the coordination of the 2014 World Music Day Event (Attachment A).
Background
The Palo Alto Recreation Foundation (Foundation) assists the City of Palo Alto
Recreation Division in sponsoring and funding programs and special events to promote
the social, cultural and recreational needs of Palo Alto residents and visitors to Palo
Alto. The Foundation enhances youth, senior, family and neighborhood interactions,
and promotes health and wellness throughout the Palo Alto community. Through
collaborative efforts, the Foundation supports many programs that play an integral part
in the well-being of Palo Alto's residents.
Over the last 24 years, the Foundation has sponsored the following organizations and
events: African Odyssey, After School Outlet, Asian Film Festival, Art Fool's Day, Bay to
Breakfast Run, Baylands Clean Up Day, Baylands Interpretive Center Remodel, Beat the
Backup, Camp Programs and Scholarships, Camp Ventura, Cardinal Kid, Celebrate Palo
Alto, Center for a New Generation, Computer Recycling, Cultural Kaleidoscope,
Downtown Holiday Celebrations, Ecumenical Hunger Programs, Friends of the Children's
Theatre, Halloween Haunt, Hippity Hop, Holiday Concert Series, July 4 Chili Cook Off,
Leave Your Car at Home, May Fete Children's Parade, Middle School Athletics Program
City of Palo Alto Page 2
and Scholarships, Town Fair, Palo Alto Babe Ruth, Palo Alto Day at Stanford, Palo Alto
Safer Summer, Palo Alto Teen Center, Positive Alternatives for Youth, Project LOOK!,
Safe Ride, Sandcastles, Art & Other Architectural Marvels, Snowmen & Sleigh rides,
Twilight Concerts, Youth Community Services and Youth Council.
The Foundation continues to provide vital support to the City of Palo Alto's Recreation
Division in sponsoring events, trainings and equipment that the Division is not able to
provide within its own budget allocation.
Discussion
The Foundation wishes to continue in the tradition of bringing the community together
by annually organizing World Music Day, part of a worldwide music festival that takes
place on June 21, which is usually the summer solstice. On this day, the sidewalks and
plazas of downtown Palo Alto will be transformed into musical stages for both amateur
and professional musicians to showcase their talents. All concerts and performances are
free and open to the public.
The Foundation has supported World Music Day for the past five years and the event
continues to grow in popularity. Until 2013 the coordination of the event has been
entirely led by volunteers. In order to make World Music Day a sustainable annual Palo
Alto event the Foundation believes funding a professional event coordinator is needed.
The Foundation has received preliminary proposals for a professional event coordinator
to produce the World Music Day event, which has an estimated cost of $10,000. As the
Foundation shifts from an all-volunteer event to funding the services of a professional
event coordinator, the Foundation is requesting the City and Foundation share equally
in the cost of a professional event coordinator for the 2014 World Music Day event. In
future years, the Foundation expects the event coordinator to solicit sufficient private
and corporate sponsorships to offset their fees, and therefore will not require further
City contributions to help pay for an event coordinator for this event.
The City already provides other types of support for the annual World Music Day event,
including the waiving of Special Event and Noise Exemption permit fees and the
provision of Police and Public Works services for street closures. The total estimated
costs the City already incurs to support the annual World Music Day event is estimated
to be $15,000.
The 2014 amended and restated agreement (Attachment A) will serve to update the
original agreement between the City of Palo Alto and the Palo Alto Recreation
Foundation for the assistance of the Community Services Department, dated July 28,
City of Palo Alto Page 3
1993. The only changes to this agreement are amendments to section 5.4 and 6.2, to
require the City and the Foundation to each contribute $5,000 towards event
coordination for the 2014 World Music Day event.
Resource Impact
The direct, indirect and in-kind services provided by the City to sustain this program
have an estimated cost of $15,000 annually which the City has historically incurred for
the past five years. If the recommendation in this staff report is approved, the City is
will incur an additional $5,000 to help pay for a professional event coordinator for the
2014 World Music Day event. The Community Services Department has sufficient
funding in its current operating budget to cover the additional costs of $5,000. The
benefit to the City received from the Foundation includes the continuation of a much
loved community event and over $40,000 in program grants to City programs annually.
In addition, until 2002, the Community Services Department employed a full-time
special events manager who produced numerous annual community events. Due to
budget cuts and restructuring, this position was eliminated. The Recreation Foundation
stepped in at that time to independently produce the Palo Alto Black and White Ball,
among other events. World Music Day brings an unknown amount of sales tax revenue
realized from the attraction of thousands of spectators to downtown Palo Alto for the
annual event.
Policy Implications
The partnership would be categorized as a partnership under the City's Public/Private
Partnership Policy (Attachment B).
Attachments:
Attachment A - Amended and Restated Agreement with Palo Alto Recreation
Foundation (PDF)
Attachment A - PARF MOA 1-21-14 Signed (PDF)
Attachment B- Public/Private Partnership Policy (PDF)
ATTACHMENT A
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AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE PALO ALTO RECREATION FOUNDATION CONCERNING
ASSISTANCE RENDERED TO THE COMMUNITY SERVICES DEPARTMENT
THIS AMENDED AND RESTATED AGREEMENT (the “Agreement”) is made and
entered into as of ________________, 2014 (the “Effective Date”), by and between the CITY OF
PALO ALTO, a California chartered municipal corporation (the "CITY") and the PALO ALTO
RECREATION FOUNDATION, a California nonprofit public benefit corporation (the "FOUNDATION")
(individually, a “Party” and, collectively, the “Parties”).
RECITALS:
1. The CITY's recreation services are provided through the Recreation and Golf
Division of the CITY’s Department of Community Services (the "Division").
2. The expansion and improvement of the CITY's recreation services, with the
assistance of private individuals and organizations, will result in greater public benefit to be
derived from such services.
3. The FOUNDATION is organized and exists to assist the CITY with fund-raising and
other activities, and to generally promote the social, cultural and recreational needs of the CITY
and the greater Palo Alto area.
4. On October 2, 1991, the Parties entered into an agreement concerning the
accounting, collection and purchasing services to be provided by the CITY to the FOUNDATION,
under which the CITY's staff routinely handles the FOUNDATION’s funds, including donations,
sponsorships, entry fees and the FOUNDATION's fundraiser expenses and revenue (collectively
referred to as the "cash handling services").
5. On September 30, 1991, the Parties entered into a hold harmless agreement to
protect the CITY and the public from any loss or liability the CITY might incur as a result of the cash
handling services, both such agreements being made in anticipation of the negotiation and
execution of this Agreement which will supersede the earlier agreements.
6. The Parties entered into an Amended and Restated Agreement, dated as of April 5,
2010.
7. The FOUNDATION has made substantial contribution toward the development and
promotion of the Division and its recreation programs within the CITY, and the FOUNDATION
desires to continue to assist the CITY and the Division by providing the services set forth under this
Agreement.
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8. The CITY desires to continue to receive the assistance of the FOUNDATION and to
specify the scope of permissible CITY staff activities and services to assist the FOUNDATION with its
activities which enhance and benefit the CITY, as set forth under this Agreement.
9. The FOUNDATION is a nonprofit public benefit corporation, duly incorporated on
December 18, 1986 under California law, which operates privately and independently from the
CITY and is duly authorized to provide the services contemplated by this Agreement.
10. The Parties intend that the result of this Agreement will be to provide public
benefit, in that the CITY and the Division will continue to be assisted and the CITY's social, cultural
and recreational needs will continue to be promoted and enhanced.
11. The FOUNDATION also wishes to stage an annual World Music Day event and the
CITY wishes to collaborate with the FOUNDATION in that regard.
AGREEMENT:
NOW, THEREFORE, in consideration of the Recitals and the covenants, terms and
conditions of this Agreement, the Parties agree:
SECTION 1 - DEFINITIONS
1.1 Board
The term "Board" shall mean the duly appointed board of directors of the
FOUNDATION.
1.2 CITY
The term "CITY" shall mean the City of Palo Alto, California, as presently existing,
plus all territory which may be added thereto during the term of this Agreement by annexation or
otherwise.
1.3 City Clerk
The term "City Clerk" shall mean the duly appointed the City Clerk of the CITY or
her designated representative.
1.4 City Council
The term "City Council" shall mean the duly elected City Council of the CITY.
1.5 City Manager
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The term "City Manager" shall mean the duly appointed City Manager of the CITY
or his designated representative.
1.6 FOUNDATION
The term "FOUNDATION" shall mean the duly incorporated Palo Alto Recreation
Foundation.
1.7 Risk Manager
The term "Risk Manager" shall mean the duly appointed Risk Manager of the CITY,
or his designated representative.
SECTION 2 - PROJECT COORDINATION
2.8 The CITY
The City Manager shall represent the CITY for all purposes under this Agreement.
The Director of the CITY's Department of Community Services shall supervise the progress and
execution of this Agreement, and shall be assisted by the Director of the Division.
2.9 The FOUNDATION
The Board of the FOUNDATION shall represent the FOUNDATION for all purposes
under this Agreement. The President of the FOUNDATION shall supervise the progress and
execution of this Agreement.
SECTION 3 - TERM OF AGREEMENT
The term of this Agreement shall commence on the date of its execution by the
CITY. This Agreement shall remain in full force and effect until terminated as provided herein.
SECTION 4 - PURPOSE OF AGREEMENT
The Parties hereby acknowledge and agree that the purpose of this Agreement is to
define the relationship and responsibilities of the CITY and the FOUNDATION concerning the
FOUNDATION's activities which assist the CITY. Throughout the term of this Agreement, the
FOUNDATION shall continue to privately and independently function to provide assistance and
support to the CITY and to promote the social, cultural and recreational needs of the CITY.
SECTION 5 - RESPONSIBILITIES OF THE FOUNDATION
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The FOUNDATION shall provide the following services:
5.10 The FOUNDATION's Services
The FOUNDATION shall solicit, receive and distribute donations and grants of
materials, equipment, services and funds, or assist in such efforts by the CITY, for any of the
following purposes, all of which shall provide public benefit: (i) to benefit, assist or improve the
Division; (ii) to promote the social, cultural or recreational needs of the CITY; and (iii) to benefit,
support or assist any other activities or events that are consistent with or fulfill then existing the
Council’s priorities or the CITY’s policies.
5.11 Disposition of the FOUNDATION's Revenue
The FOUNDATION shall work with the CITY’s staff to ensure that revenue which
the FOUNDATION generates from any source, including the revenue generated from the
FOUNDATION's fundraising event as provided under Section 5.3 hereof, shall be spent for the
purposes stated in Section 5.1 hereof, as determined by the FOUNDATION, subject to the CITY's
acceptance of any direct assistance as may be required by the CITY’s policy. The CITY may also
routinely request donations and grants from the FOUNDATION for the special events sponsored by
the Division or any other CITY event or activity consistent with the purposes set forth in Section
5.1. The FOUNDATION shall provide support for such the CITY activities and events in its sole
discretion.
5.12 The FOUNDATION’s Fundraising Event
The FOUNDATION shall co-sponsor, with the CITY, the FOUNDATION's fund-raising
event (the "Fundraiser"). As of the date of commencement of this Agreement, the Fundraiser is
known as the "Palo Alto Black and White Ball." However, the theme of the Fundraiser may be
changed, in the FOUNDATION's discretion, without requiring any amendment to this Agreement
so long as any new theme is first approved by the CITY. The FOUNDATION shall receive all
proceeds from its Fundraiser as provided under this Agreement. The FOUNDATION shall spend
such proceeds as required under Section 5.2 hereof, to fulfill the purposes stated in Section 5.1
hereof.
The FOUNDATION shall have the following responsibilities concerning the
Fundraiser. Prior to each Fundraiser, the FOUNDATION shall: (i) pay the CITY any fees that may be
requested and collected in accordance with the CITY's municipal fee schedule related to the rental
of any CITY facility that may be required for the Fundraiser; (ii) obtain, at its sole cost, adequate
insurance coverage for the Fundraiser, as provided under Section 12 hereof; (iii) pay the CITY any
fees that may be requested and collected for any Police Department staff services that will be
needed for the Fundraiser; (iv) pay the CITY any fees that may be requested and collected for any
other miscellaneous CITY staff services that may be needed for the Fundraiser, other than Division
staff as provided under Sections 6.1, 6.2 and 6.3 hereof; (v) obtain any CITY permits that may be
ATTACHMENT A
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required for the Fundraiser and pay the CITY any fees that may be requested and collected for the
issuance of permits; (vi) obtain any non-CITY permits needed for use of facilities for the Fundraiser
that are not owned by the CITY; (vii) obtain any needed alcohol control zone condition waiver from
the Chief of Police of the CITY if alcohol is to be consumed at any location within the Fundraiser;
and (viii) pay the CITY any fees that may be requested and collected for any printing, copying and
mailing expenses incurred by the CITY in connection with the Fundraiser.
5.4 The FOUNDATION’s Annual World Music Day Event
The FOUNDATION shall have the following responsibilities concerning the annual
World Music Day Event (the “Annual Music Event”). Prior to each Annual Music Event, the
FOUNDATION shall: (i) pay the CITY any fees that may be requested and collected under the
CITY’s municipal fee schedule related to the rental of any CITY facility that may be required for
the Annual Music Event, except that the CITY will provide a meeting room at no charge for the
training of volunteers involved with the production of the Annual Music Event; (ii) obtain, at its
sole cost, adequate insurance coverage for the Annual Music Event, as provided under Section
12 hereof; (iii) pay the CITY any fees that may be requested and collected for any extraordinary
Police Department staff services that will be needed for the Annual Music Event; (iv) pay the
CITY any fees that may be requested and collected for any other extraordinary miscellaneous
CITY staff services that may be needed for the Annual Music Event, other than Division staff
services, as provided under Sections 6.1, 6.2 and 6.3 hereof; (v) obtain any CITY special permits
that may be required for the Annual Music Event; (vi) obtain any non-CITY permits needed for
use of facilities for the Annual Music Event that are not owned by the CITY; (vii) obtain any
needed alcohol control zone condition waiver from the Chief of Police if alcohol is to be
consumed at any location within the Annual Music Event; and (viii) find and manage musicians
and volunteers to produce the Annual Music Event; (ix) find and manage sponsors for the
Annual Music Event; (x) plan all Annual Music Event details; (xi) promote the Annual Music
Event with the press and the community; (xii) develop content for the web site and all
marketing materials; and (xiii) manage the entire event in cooperation with CITY staff; (xiv) for
the 2014 Annual Music Event the Foundation and City agree to each pay $5,000 toward a
professional events coordinator to help produce the event
5.5 Capital Projects for the CITY
Notwithstanding Section 5.2 hereof, the FOUNDATION may plan, organize, fund
and provide donations to support and implement capital projects for the CITY on a case-by-case
basis. Notwithstanding the foregoing, in each case the CITY must desire that the project be
performed and all CITY discretionary approval processes and procedures, including under the
CITY's charter and municipal code and under California and federal law, must be complied with in
connection with the project.
5.6 The FOUNDATION’s Printed Materials
ATTACHMENT A
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The FOUNDATION shall provide to the CITY any routine and printed information
regarding its operations as requested by the CITY including, but not limited to, lists of current
Board members and officers, copies of Board training materials, brochures, publications,
newsletters, budgets and meeting minutes.
5.7 Citation to Cooperative Efforts of the CITY
The FOUNDATION shall refer to the cooperative efforts of the CITY in its
presentations, printed materials, fund solicitations and activities, as may be applicable.
5.8 THE FOUNDATION’s Legal Status
The FOUNDATION shall maintain, during the term of this Agreement, its nonprofit
corporation and tax-exempt status as provided by and under California and federal law. The
FOUNDATION shall adhere to its articles of incorporation and bylaws, which are attached hereto as
Exhibits "A" and "B" and incorporated herein by this reference. The FOUNDATION shall notify the
CITY in the event that the FOUNDATION amends its articles of incorporation or bylaws. Any such
amendments shall be made in accordance with all applicable law.
5.9 Open Meetings
The FOUNDATION shall conduct its meetings and election of officers in an open and
public manner and as otherwise may be required by any applicable law.
SECTION 6 - RESPONSIBILITIES OF THE CITY
The Parties agree that the CITY is solely responsible for the overall planning,
operation and management of the Division. To the extent made possible by the CITY's annual
budget allocations, the CITY shall co-sponsor, with the FOUNDATION, the Fundraiser and the
Annual Music Event, and shall perform the following services to assist the FOUNDATION perform
its responsibilities under Section 5 hereof.
6.13 The CITY's Services
Subject to the CITY's annual budget allocation and approval process, including the
review and approval of the Division's budget as determined by the Council in its sole discretion,
the CITY shall provide the following services to the FOUNDATION: (i) CITY staff support services
within the Division to assist with organizing and holding the Fundraiser, as provided under Section
5.3 hereof; (ii) CITY staff support services with the Division to assist with organizing and holding
the Annual Music Event (on Father’s Day), as provided under Section 5.4 here; (iii) CITY staff
support services within the Division to assist with regular and special Board meetings, including
preparation of the FOUNDATION's agendas, minutes and budgets; and (iv) temporary and
ATTACHMENT A
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occasional use of the CITY’s facility space for Board meetings and for volunteer training associated
with the Annual Music Event. Notwithstanding the foregoing, the City Manager or his designee
may, at any time during each and every fiscal year during the term hereof, reallocate or reduce the
amount of any of the CITY services assigned under the CITY's annual budget process to assist the
FOUNDATION. Such reallocation or reduction shall be accomplished as may be needed to best
allocate, in the City Manager's discretion, the CITY's limited resources.
6.2 The CITY’s Services Related to the Annual World Music Day Event
Subject to the CITY’s annual budget allocation and approval process, including
the review and approval of the Division’s budget as determined by the Council, acting in its sole
discretion, the CITY shall provide the following services to the FOUNDATION: (i) the Council
shall endorse the event and proclaim the third Sunday of June of each year as “World Music
Day” in Palo Alto; (ii) shall waive ordinary special event permit fees; (iii) shall waive ordinary
and regular policing costs; (iv) consistent with the CITY’s policies and procedures shall post
information and links concerning the Annual Music Event on the CITY’s web page for the
marketing of the Annual Music Event; (v) shall actively assist with the promotion and
advertising of the event both through CITY media and through the cooperation of Destination
Palo Alto; (vi) allow for the mention of the Annual Music Event at such events as public
concerts, gatherings and special events; (vii) shall provide at no cost a meeting room for the
training and orientation of event volunteers; (viii) provide printing services at no cost for the
printing of 2,000 event flyers; (ix) provide assistance with processing any required solicitation
permit in order to enable musicians to sell their compact discs during the event to offset their
personal expenses; and (x) for the 2014 Annual Music Event the Parties each agree to
contribute $5,000 toward a professional events coordinator’s services cost of $10,000 in order
to help produce the event.
6.3 The CITY’s Services Related to the Palo Alto Black & White Ball
Subject to the CITY’s annual budget allocation and approval process, including
the review and approval of the Division’s budget as determined by the Council, acting in its
sole discretion, the CITY shall provide the following services to the FOUNDATION: (i) the
Council shall endorse the event; (ii) shall waive ordinary special event permit fees; (iii) shall
waive ordinary and regular policing costs; (iv) consistent with the CITY’s policies and
procedures shall post information and links concerning the Fundraiser on the CITY’s web page
for the marketing of the Fundraiser; (v) shall actively assist with the promotion and
advertising of the event through the CITY’s media; (vi) allow for the mention of the Fundraiser
at such events as public concerts, gatherings and special events; (vii) shall provide at no cost a
meeting room for the training and orientation of event volunteers; and (viii) provide
assistance with processing any required solicitation permit in order to enable musicians to sell
their compact discs during the event to offset their personal expenses.
6.4 The CITY's Cash Handling Services for the Fundraiser
ATTACHMENT A
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The CITY shall also provide to the FOUNDATION cash handling services within the
Division needed solely in connection with the Fundraiser. Such services shall consist of the initial
receipt of revenue collected for the Fundraiser. The CITY will provide these services to the
FOUNDATION in accordance with cash handling procedures developed, approved and otherwise
mutually agreed upon by the Parties prior to the CITY’s receipt of revenue. The Parties
acknowledge and agree that these procedures will be incorporated in the Agreement as Exhibit
"C” subsequent to the Effective Date.
6.5 Citation to Cooperative Efforts of the FOUNDATION
The CITY shall acknowledge the support of the FOUNDATION in all CITY events
assisted or supported by the FOUNDATION, and in Division presentations, printed materials, fund
solicitations and other Division activities as may be applicable.
6.6 Compliance with Gift Policy
The CITY shall comply with its Policy and Procedures 1-18, "Gifts to the City," as
amended, when the CITY receives any donation or gift from the FOUNDATION, as contemplated by
this Agreement.
SECTION 7 - POTENTIAL OPERATION OF THE FOUNDATION AS UMBRELLA
ORGANIZATION TO AFFILIATED GROUPS
The Parties hereby acknowledge and agree that the FOUNDATION, as of the
Effective Date, operates privately and independently with no subsidiary corporations or affiliated
organizations. However, the Parties hereby agree that it would be beneficial to both the
FOUNDATION and the CITY for the FOUNDATION to operate as a parent or umbrella organization
that, in addition to its current activities and within the scope of the organization's purpose under
its articles of incorporation, assists and fosters subsidiary corporations or affiliated private groups
or individuals (the "Affiliated Groups"). The Affiliated Groups would be limited to organizations,
groups or individuals that desire to sponsor various recreation, cultural or community projects to
assist and benefit the CITY and to promote the social, cultural and recreational needs of the
residents of and visitors to the CITY. The Affiliated Groups could operate through and in conjunc-
tion with the FOUNDATION under this Agreement, in connection with the Affiliated Groups'
projects which benefit the CITY. The Affiliated Groups would therefore not be required to enter
into separate agreements with the CITY in order to perform their projects that benefit the CITY.
Prior to such time as the FOUNDATION may undertake to operate as a parent or umbrella
organization to one (1) or more Affiliated Groups, the Parties hereto shall amend this Agreement
to specify the scope of the intended relationship between the FOUNDATION, the Affiliated Groups
ATTACHMENT A
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and the CITY in order to best benefit the Parties hereto and the CITY's programs and services.
SECTION 8 - TERMINATION OF AGREEMENT
Either party may suspend or terminate this Agreement, with or without cause, by
giving thirty (30) days' prior written notice thereof to the other party.
SECTION 9 - ASSIGNMENT
Both Parties shall give their personal attention to the faithful performance of this
Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any
right, title or interest in or to the same or any part thereof without the prior written consent of the
other party, and then only subject to such terms and conditions as the other party may require.
The consent to one assignment shall not be deemed to be the consent to any subsequent
assignments. Any assignment without such approval shall be void and, at the option of the other
party, shall terminate this Agreement and any license or privilege granted herein. This Agreement
and any interest herein shall not be assignable by operation of law without the prior written
consent of the other party.
SECTION 10 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94301
Copy to: Director of Community Services Department
1305 Middlefield Road
Palo Alto, CA 94301
To FOUNDATION: Board of Directors of the FOUNDATION
1305 Middlefield Road
Palo Alto, CA 94301
SECTION 11 - INDEMNITY
11.1 The CITY's Obligation to Indemnify the FOUNDATION
The CITY agrees to protect, indemnify, hold harmless and defend the
FOUNDATION, its officers, agents and employees, from and against any and all claims, loss,
liability, demands, damages, costs, expenses or attorneys' fees caused by or arising out of the
ATTACHMENT A
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CITY's, its officers', agents', subcontractors' or employees' negligent acts, errors, or omissions, or
willful misconduct, or conduct for which the law imposes strict liability on the CITY in the
performance or nonperformance of the terms of this Agreement, except: (i) for such loss or
damage caused by the sole or concurrent negligence or willful misconduct of the FOUNDATION;
and (ii) as expressly provided under Subsections 11.2.1 and 11.2.2 hereof.
11.2 The FOUNDATION's Obligation to Indemnify the CITY
11.2.1 The FOUNDATION agrees to protect, indemnify, hold harmless and defend
the CITY, its officers, agents and employees, from and against any and all claims, loss, liability,
demands, damages, costs, expenses or attorneys' fees caused by or arising out of the
FOUNDATION's, its officers', agents', subcontractors', or employees' negligent acts, errors, or
omissions, or willful misconduct, or conduct for which the law imposes strict liability on the
FOUNDATION in the performance or nonperformance of the terms of this Agreement, except for
such loss or damage caused by the sole or concurrent negligence or willful misconduct of the CITY
and subject to the provisions of Subsections 11.2.2 and 11.2.3 hereof.
11.2.2 Notwithstanding the foregoing, the FOUNDATION further agrees to protect,
indemnify and hold harmless the CITY, its officers, agents, and employees, from any and all harm,
loss or liability that may result, or any claims or demands that may be made against the CITY, its
officers, agents or employees, by reason of or as a result of the CITY's, its officers', agents' or
employees' handling or undertaking any responsibility for the FOUNDATION funds or monies in
connection with the Fundraiser, as provided under Sections 6.1, 6.2 and Exhibit "C" hereof, except
for any harm, loss or liability caused by or that arises from the negligence, gross negligence or
willful misconduct of the CITY in handling such funds. The FOUNDATION shall further reimburse
the CITY for the CITY's full costs incurred in connection with its defense of any and all suits, actions,
or other legal proceedings that may be brought or instituted by third persons in which such third
persons have prevailed against the CITY, its officers, agents or employees, either related to or as a
result of the CITY's, its officers', agents' or employees' handling or undertaking any responsibility
for the FOUNDATION funds or monies in connection with the Fundraiser, as provided under
Sections 6.1, 6.2 and Exhibit "C" hereof, unless such suits, actions or other legal proceedings are
caused by or arise from the negligence, gross negligence or willful misconduct of the CITY in
handling such funds.
11.2.3 Notwithstanding the foregoing, the Parties agree that, except for the
Fundraiser and the Annual Music Event, the FOUNDATION has no obligation under this Agreement
to indemnify the CITY against any claims, loss, liability, demands, damages, costs, expenses or
attorneys' fees caused by or arising out of the CITY events, activities or services that may be or are
assisted or supported by any FOUNDATION funds. However, the provisions of this Subsection
11.2.3 do not apply to any claims, loss, liability, demands, damages, costs, expenses or attorneys'
fees arising out of or associated with the Fundraiser or the Annual Music Event.
SECTION 12 - INSURANCE
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12.1 The FOUNDATION's Required Insurance Coverage
The FOUNDATION, shall, at its sole cost and expense, obtain prior to each
Fundraiser and each Annual Music Event a commercial general liability insurance policy, including
products and completed operations, personal and advertising, in the minimum coverage amount
of One Million Dollars ($1,000,000) per occurrence and in the aggregate. Such insurance coverage
shall be provided through a carrier or carriers with an A. M. Best & Co. rating of at least A:VII or
higher. The insurance coverage must name as insured not only the FOUNDATION, but also the
CITY, its officers, agents, employees and volunteers, and each of them, as named insureds under
the policy with respect to the Fundraiser and the Annual Music Event.
12.2 Fundraiser and/or Annual Music Event Where Alcohol Served
If alcohol is to be served at any Fundraiser or any Annual Music Event, the
FOUNDATION shall ensure that: (i) every server of alcohol is adequately insured under California
law and to the satisfaction of the Risk Manager, in the Risk Manager's discretion, for such alcohol
service; (ii) the Parties are named as additional insureds under each alcohol insurance policy or
policies with respect to the Fundraiser and/or the Annual Music Event, to the satisfaction of the
Risk Manager; and (iii) the FOUNDATION obtains any necessary waiver from the Chief of Police
from the alcohol control zone condition under the Department of Alcoholic Beverage Guidelines,
as amended.
12.3 Certificate of Insurance
The FOUNDATION shall file certificate(s) sufficiently evidencing the insurance
coverage required under this Section with the Risk Manager at least five (5) days prior to each
Fundraiser and each Annual Music Event. The certificate(s) shall contain endorsement(s) stating
that the insurance is primary coverage and will not be cancelled or altered by the insurer except
after filing with the City Clerk thirty (30) days' prior written notice of such cancellation or
alteration, and that the CITY is a named insured or named as an additional insured, as applicable,
under the policy or policies.
SECTION 13 - COMPLIANCE WITH LAWS
The FOUNDATION shall be bound by and shall comply with all applicable federal,
California and local laws, ordinances and directives insofar as they pertain to the performance of
this Agreement.
SECTION 14 - RIGHT OF THE CITY TO EXAMINE AND AUDIT
The FOUNDATION agrees to permit the CITY, including the City Auditor and the
Director of Administrative Services, or any duly authorized representatives thereof, to, at any
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reasonable time during the term of this Agreement, have access to and the right to examine, or
have examined, all of the FOUNDATION's records, including its financial records. The CITY's rights
under this Section 14 shall include the right to audit, examine and copy such records. The
FOUNDATION further agrees to permit the CITY to audit for three (3) years thereafter, all of the
FOUNDATION's records pertaining to matters covered by this Agreement. The FOUNDATION
accordingly agrees to maintain such records for at least three (3) years following the termination
of this Agreement for any reason.
SECTION 15 - AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement shall apply to, and shall
bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both Parties.
SECTION 16 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or
condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or
violation of the same or of any other term, covenant, condition, ordinance, or law.
SECTION 17 - COSTS AND ATTORNEYS' FEES
The prevailing party in any action brought to enforce the terms of this Agreement
or arising out of this Agreement may recover its reasonable costs and attorneys' fees expended in
connection with such an action from the other party.
SECTION 18 - NONDISCRIMINATION
The FOUNDATION shall not, in the performance of this Agreement, discriminate in
the employment of any person on the basis of the race, skin color, gender, age, religion, disability,
national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight
or height of such person.
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between the CITY
and the FOUNDATION and it supersedes all prior negotiations, representations, and agreements,
either written or oral, including the above-referenced cash handling services agreement between
the Parties and the hold harmless agreement between the Parties related to such cash handling
services. This document may be amended only by written instrument, signed by the Parties.
SECTION 20 - GOVERNING LAW
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This Agreement shall be governed by the laws of the State of California.
SECTION 21 - AUTHORITY TO EXECUTE AGREEMENT
The FOUNDATION represents and warrants that it is a duly organized, validly
existing nonprofit public benefit corporation in good standing under the laws of the State of
California, and that its signatories to this Agreement are the _______________________ and the
_________________ of the corporation, who are duly authorized to execute this Agreement on
behalf of the FOUNDATION.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
CITY OF PALO ALTO PALO ALTO RECREATION FOUNDATION
___________________________ By:____________________________
City Manager
Its:___________________________
APPROVED AS TO FORM: By:____________________________
___________________________ Its:___________________________
Senior Asst. City Attorney
APPROVED:
__________________________
Director of Administrative Services
___________________________
Director of Community Services
Attachments:
EXHIBIT "A": The FOUNDATION’s Articles of Incorporation
EXHIBIT "B": The FOUNDATION’s Bylaws
EXHIBIT "C": Cash Handling Procedures Related to the Fundraiser
ATTACHMENT A
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ATTACHMENT A
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EXHIBIT “A”
The FOUNDATION’s Articles of Incorporation [attached]
ATTACHMENT A
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EXHIBIT “B”
The FOUNDATION’s Bylaws [attached]
ATTACHMENT A
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EXHIBIT “C”
Cash Handling Procedures Related to the Fundraiser
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
1
PUBLIC/PRIVATE PARTNERSHIPS
POLICY STATEMENT
The City of Palo Alto encourages the formation of public/private partnerships for the benefits
the community receives. For the purposes of this policy, “public/private” also encompasses
“public/nonprofit” partnerships.
Definitions
Public/private partnership: A public/private partnership is an agreement between the City and
a nonprofit or private organization to provide services or to assist in funding of public facilities
and programs. Such partnerships may take various forms, including:
• Acceptance of or solicitation of service or facility proposals
• Facilitation of such proposals through the City's regulatory process
• Waiver of City General Fund fees to help reduce project costs.
• Contributions of City matching funds for construction of facilities to be owned and
controlled or operated by the City.
• Provision of facilities to the private partner at no charge or at a subsidized rent.
Public/private partnerships typically fall into one of three categories: co-sponsorship, alliances
or joint ventures.
Co-Sponsorships: This is the most common type of public/private partnership. An
organization furthers the mission of the City by supporting a City activity or program in
conjunction with pursuit of that organization’s own mission or program. Co-sponsorships can
take the form of one-time events or annual agreements. Some examples of co-sponsorships
include the Palo Alto Tennis Club use of City courts to provide a youth tennis program and
American Youth Soccer Organization’s use of space in a City facility to train referees. Co-
sponsorships are entered into by staff and normally have no or minimal financial impact.
Alliances: This type of public/private partnership involves organizations that have been
created for the sole purpose of supporting a City program or an array of City programs. The
organization does not expect to receive any direct financial benefit or to alter City policy
and/or operations, but undertakes to work closely and cooperatively with staff to implement
City goals. Alliance organizations include the Recreation Foundation, the Art Center
Foundation (Project Look or Cultural Kaleidoscope), the Friends of the Children’s Theatre (the
Magic Castle), the Library Foundation and the Friends of the Palo Alto Library (financial
assistance with the renovation and expansion of the Children’s Library). Alliances are
approved by the Council if there are any staffing or budgetary implications to the partnership.
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
2
Joint Ventures: This type of partnership involves organizations which have programs or
missions independent of the City and involve the City entering into a contractual relationship
with the public or nonprofit organization with both parties contributing to the partnership for
their mutual benefit. Each joint venture is uniquely negotiated by the staff and approved by
the City Council. Examples of Joint Ventures include TheatreWorks, Palo Alto Players and
West Bay Opera’s use of the Community Theatre and use of the former police station by older
adult service provider, Avenidas.
PROCEDURES
Initiation of partnerships: Public/private partnerships may be initiated in one of three
ways:
• By staff: Staff identifies an opportunity for such a partnership and undertakes
an informal or formal request for proposal process to identify partners.
• By Council: The City Council directs staff to work with a private or nonprofit
organization to develop such a partnership.
• By a private or nonprofit organization: An organization makes a partnership
proposal to the staff or City.
City Manager Review: If the partnership proposal involves more than one City
department, the City Manager’s Office will appoint a team with representatives of all
City departments who are stakeholders in the partnership proposal. The team will
analyze the proposal and inform the City Manager of the resource implications of the
proposal, including staffing and monetary commitments. This would include proposed
fee waivers. If the proposal will require a re-ordering of department priorities that have
already been approved by the Council in setting its annual priorities or in the budget
process, Council approval will be required prior to commitment to the partnership.
Council approval will also be required if the partnership requires a new or adjusted
allocation of operating or capital funding. Note: Co-sponsorships usually only involve a
single department and do not necessitate the formation of an interdepartmental
committee, the involvement of the City Manager’s Office or the approval of the City
Council.
City-Initiated Partnerships: Such partnerships will be guided by existing policies and
procedures governing purchasing and outsourcing, using “requests for proposals” and/or
bid processes as the method of initiating a partnership. A City-initiated partnership may
incorporate incentives including naming rights, waiver of non-enterprise fund building
and planning fees, reduced lease rates, free use of space, subsidies, and staff resources.
All incentives may be negotiated on a case-by-case basis.
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
3
Evaluation of Viability of Partnering Organization: Staff will provide the City Manager
and/or City Council with its assessment of the viability of the proposed partnership, based
on the partnering organization’s possession of sound organizational, administrative and
fiscal management, and its demonstrated experience to achieve and sustain project tasks,
such as fundraising and building community support. For proposed facility improvement
or expansion initiatives, the nonprofit or private organization should have the ability and
commitment to make a substantial pledge to the project’s cost.
Facilities Proposals:
• If a City facility is to be renovated, expanded or otherwise be directly affected by
the partnership, the Infrastructure Management Plan will have to be adjusted
appropriately.
• Long-term staffing, operational and maintenance costs must be identified in the
proposal. The project’s applicable costs and funding sources for furnishings,
fixtures and equipment will be identified.
• The parties will negotiate the joint or separate financial responsibility for any
project cost overruns on a project-by-project basis.
• Staff may recommend that any standard City processing or use fee authorized
under the Municipal Fee Schedule, excluding fees and charges levied by City of
Palo Alto Utilities or other City enterprise fund programs, should be waived as a
condition of the City's participation. Waiver of fees may be granted by the Council
and limited to those fees associated with a construction or capital improvement
project which, upon its completion, results in a new or improved public facility,
building or park, or some portion thereof, that will be solely owned or controlled
by the City. In the event that only a portion of a construction or capital
improvement project will result in a new or improved City facility, building or
park, or portion thereof, then the Council may waive only that portion of any
associated fee directly relating to the construction, improvement or enhancement
of the City facility, building or park. As appropriate, the summary and
recommendation in the report to the Council will include a staff recommendation
on waiving fees which the Council can approve or reject.
• The City will determine whether the nonprofit or private organization shall use or
may forego a formal or informal competitive selection process in the hiring of
professionals who will perform the management, design and/or construction
phases of the project. The City shall review and approve the requirements for and
the performance of all phases of design, planning and construction work for the
project.
City of Palo Alto (ID # 4436)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: Palo Alto Players Partnership Agreement
Title: Approval of a Public-Private Partnership Agreement between the City
of Palo Alto and the Palo Alto Players for the Cooperative Use of the Lucie
Stern Community Theatre
From: City Manager
Lead Department: Community Services
RECOMMENDATION
Staff recommends that the City Council approve the renewal of a public-private partnership
agreement between the City of Palo Alto and the Palo Alto Players for cooperative use of the
Lucie Stern Community Theatre (Attachment A) for the period September 1, 2013 to August 31,
2014.
BACKGROUND
The Lucie Stern Community Theatre is used by three local theatre companies who produce
approximately 15 productions annually. These three companies (the Palo Alto Players, West
Bay Opera, and TheatreWorks) partner with the Community Services Department to produce
these shows, which foster the cultural and artistic needs of Palo Alto residents and visitors. The
City and these companies each benefit from continuing this cooperative relationship.
As of 1974, the Palo Alto Players dissolved their ties with the Parks and Recreation Department,
and became an independent company. Since that time, the City has continued to support the
Palo Alto Players by providing performance, rehearsal, and shop space at the city-owned
Community Theater (also known as the Lucie Stern Theater). During their 2013 – 2014 theatre
season, the Palo Alto Players offers six different productions for adults, including musicals,
comedies, and historical dramas.
DISCUSSION
City of Palo Alto Page 2
The Palo Alto Players’ usage of the Lucie Stern Community Theatre is governed by a public-
private partnership agreement. Since production scheduling is done interdependently between
the three groups, and because the cost of relocating a theatre company is prohibitively high,
there exists nearly no opportunity for changing the companies that the Lucie Stern Community
Theatre services. Due to these circumstances, staff recommends that the City Council approve
the modification of the existing public-private partnership. The key terms of this agreement are
discussed below:
Term: The new agreement is for one year effective September 1, 2013 and terminates on
August 31, 2014. Similar agreement extensions are intended for subsequent years.
Revenue: In accordance with the Municipal Fee Schedule and in exchange for providing facility
usage, the Palo Alto Players shall remit to the City a surcharge in the amount of $2.00 for each
ticket sold. This fee is effectively passed down to patrons and is applied to all subscription,
group, individual, promotional, and other tickets sold. Complimentary tickets are excluded, and
the sum of the surcharge revenue for each production is due to the City within 30 calendar days
after the closing of the production. The City retains roughly $60,000 per year from this ticket
surcharge in total from the three theater partnerships. Among other functions, the proposed
agreement acts as a revenue contract which governs the application, collection, and accounting
of associated revenue.
Responsibilities of City: The contract outlines the responsibilities of the City using the standard
terms of public-private and “joint-venture” partnerships, including specifying goods delivery
terms, notice requirements for contract termination, and affirming non-discrimination,
insurance, and property guidelines. The City is also responsible for allowing and providing
access to the Lucie Stern Community Theatre during designated hours, providing basic
maintenance of capital equipment, monitoring production safety, and providing information
regarding other scheduled facility uses (such as City-sponsored events of private rentals).
Responsibilities of Company: Additionally, the agreement stipulates the responsibilities of the
theatre company, including their duty to abide by City and department policies and procedures
(specifically including and as related to, without limitation, conduct in community centers,
injury and illness prevention, sale of alcoholic beverages, operations, building emergency
procedures, zero waste, and facility use). Other responsibilities include timely remittance of
fees and surcharges, requirements for sufficient building supervision/staffing, recordkeeping of
ticket sales and surcharge remittance for compliance with audits, and adherence to standard
practices for facility security.
This renewed agreement is substantially identical to previous agreements with the exception of
City of Palo Alto Page 3
increasing the ticket surcharge from $1.00 to $2.00 This increase is implemented as a result of
Municipal Fee Schedule adjustments effective 07/01/2010 and 07/01/2011.
RESOURCE IMPACT
No additional City resources are required and it is anticipated that this partnership will lead to
enhanced program and capital funding over the life of the agreement.
POLICY IMPLICATIONS
This partnership would be categorized as a public/private partnership under the City’s Public-
Private Partnership Policy.
Attachments:
Palo Alto Players (PDF)
Public Private Partnership Policy (PDF)
CITY OF PALO ALTO AND PALO ALTO PLAYERS-PENINSULA CENTER STAGE
AGREEMENT
BY THIS AGREEMENT MADE AND ENTERED INTO ON THE 3rd DAY OF DECEMBER, 2013
BY AND BETWEEN THE CITY OF PALO ALTO (“CITY”) AND PALO ALTO PLAYERS-
PENINSULA CENTER STAGE (“CORPORATION”), IN CONSIDERATION OF THEIR MUTUAL
COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
CORPORATION SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1)
GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN
THE EXHIBITS NAMED BELOW.
EXHIBITS: The following attached exhibits are incorporated herein by this reference. Contract
is not complete unless all exhibits are attached.
Exhibit A: Responsibilities of the Corporation
Exhibit B: Responsibilities of the City
Exhibit C: General Conditions
Exhibit D: Non-Discrimination Form
Exhibit E: Proof of Liability Insurance
TERM: The services and/or materials furnished under this agreement shall commence on
9/1/2013 and shall be completed on or before 09/1/2014.
COMPENSATION: As compensation for the full performance of this agreement,
CORPORATION shall remit fees and surcharges to the CITY in accordance with the prevailing rates set
forth in the CITY”s Municipal Fee Schedule. Such payments include, but are not limited to, those
defined in EXHIBIT A (Section 22) and EXHIBIT C (Section 10) and shall be be subject to the terms and
conditions set forth herein. In consideration of referenced exhibits, attachements, and appendecies, such
compensation shall not exceed fifty thousand dollars ($50,000).
CITY ACCOUNT NUMBER: Fees and surcharges remitted persuant to this agreement shall be
credited to the City’s accounts included in the table below:
REVENUE TYPE COST CENTER - GL ACCT - INTERNAL
ORDER
Ticket Surcharge 80020412 – 15540 - 61205
Facility Attendant 80020512 – 13450 - 61205
INVOICING: Send all invoices to the City of Palo Alto. Such invoices shall be sent to the
attention of the Project Manager.
GENERAL TERMS AND CONDITIONS: General Terms and Conditions are included on page
three of this agreement.
.
HOLD HARMLESS. CORPORATION shall indemnify, defend and hold harmless CITY, its
Council Members, officers, employees, and agents from any and all demands, claims or liability of any
nature, including wrongful death, caused by or arising out of CORPORATION’S, its officers’, directors’,
employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the
law imposes strict liability on CORPORATION in the performance of or failure to perform this
agreement by CORPORATION.
ENTIRE AGREEMENT. This agreement and the terms and conditions on the following pages
represent the entire agreement between the parties with respect to the purchase and sale of the goods,
equipment, materials or supplies or payment for services which may be the subject of this agreement. All
prior agreements, representations, statements, negotiations and undertakings whether oral or written are
superseded hereby.
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND
EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE.
By: ______________________________ Date______________________
Peter Bliznick
Executive Director
Palo Alto Players Peninsula Center Stage
By: ______________________________ Date______________________
Judge Luckey
Manager Arts, Children’s Theatre
Community Services Department
City of Palo Alto
CITY OF PALO ALTO APPROVALS:
CITY DEPARTMENT Funds Have
Been
Budgeted
(1)
PURCHASING &
CONTRACT ADMINISTRATION
INSURANCE REVIEW
(2)
APPROVAL OVER
$25,000
(3) PURCHASING MANAGER
APPROVAL OVER $25,000 APPROVAL OVER $85,000
CITY OF PALO ALTO
BY:_____________________________________
CITY ATTORNEY
ATTEST:
BY:________________________ _______________________
MAYOR CITY CLERK
CITY OF PALO ALTO - GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. This agreement is limited to the terms and
conditions on pages 1, 2, and 3 hereof which includes any exhibits
referenced.
B. GOVERNING LAW. This agreement shall be governed by the
laws of the state of California.
C. INTEREST OF CORPORATION. It is understood and agreed
that this agreement is not a contract of employment in the sense that
the relation of master and servant exists between the CITY and
undersigned. At all times CORPORATION shall be deemed to be an
independent contractor and CORPORATION is not authorized to
bind CITY to any contracts or other obligations. In executing this
agreement, CORPORATION certifies that no one who has or will
have any financial interest under this agreement is an officer or
employee of CITY.
D. INSURANCE. CORPORATION agrees to provide the
insurance specified in the “Insurance Requirements” form attached
hereto as Exhibit C. In the event CORPORATION is unable to
secure a policy endorsement naming the City of Palo Alto as an
additional insured under any comprehensive general liability or
comprehensive automobile policy or policies, CORPORATION shall
at a minimum, and only with the written approval of City’s Risk
Manager or designee, cause each such insurance policy obtained by
it to contain an endorsement providing that the insurer waives all
right of recovery by way of subrogation against CITY, its officers,
agents, and employees in connection with any damage, claim,
liability personal injury, or wrongful death covered by any such
policy. Each such policy obtained by CORPORATION shall contain
an endorsement requiring thirty (30) days' written notice from the
insurer to CITY before cancellation or reduction in the coverage or
limits of such policy. CORPORATION shall provide certificates of
such policies or other evidence of coverage satisfactory to City's Risk
Manager, together with evidence of payment of premiums, to CITY
at the commencement of this agreement, and on renewal of the
policy, or policies, not later than twenty (20) days before expiration
of the terms of any such policy.
E. TERMINATION. This agreement may be terminated by CITY
upon ten (10) days written notice to CORPORATION. Monies then
owing based upon work satisfactorily accomplished shall be paid to
CORPORATION.
F. CHANGES. This agreement shall not be assigned or transferred
without the written consent of the CITY. No changes or variations of
any kind are authorized without the written consent of the City
Manager or his or her designee.
G. AUDITS. CORPORATION agrees to permit CITY to audit, at
any reasonable time during the term of this agreement and for three
(3) years thereafter, CORPORATION'S records pertaining to matters
covered by this agreement. CORPORATION further agrees to
maintain such records for at least three (3) years after the term of this
agreement.
H. NO IMPLIED WAIVER. No payment, partial payment,
acceptance, or partial acceptance by CITY shall operate as a waiver
on the part of CITY of any of its rights under this agreement.
I. CITY'S PROPERTY. Title to CITY’s property furnished to
CORPORATION shall remain in the CITY. CORPORATION shall
not alter or use property for any purpose, other than that specified by
CITY, or for any other person without the prior written consent of
CITY. CORPORATION shall store, protect, preserve, repair and
maintain such property in accordance with sound professional
practice, all at CORPORATION’s expense.
J. NON-DISCRIMINATION. No discrimination shall be made in
the employment of persons under this agreement because of the race,
color, national origin, age, ancestry, religion or sex of such person.
CORPORATION agrees to meet all requirements of the Palo Alto
Municipal Code pertaining to nondiscrimination in employment,
including completing the NonDiscrimination Compliance Form,
attached hereto as Exhibit D, and incorporated herein by this
reference.
K. WARRANTY. CORPORATION expressly warrants that all
materials and services covered by this agreement shall conform to the
specifications, requirements, instructions, or other descriptions upon
which this agreement is based, shall be fit and sufficient for the
purpose intended, of good materials and workmanship and free from
defect and that materials and services of CORPORATION’S design
will be free from defect in design. Inspection, test, acceptance,
payment or use of the goods furnished hereunder shall not affect the
CORPORATION’S obligation under this warranty, and such
warranties shall survive inspection, test acceptance and use.
CORPORATION agrees to replace, restore, or correct defects of any
materials or services not conforming to the foregoing warranty
promptly. Without expense to CITY, when notified of such
nonconformity by CITY, in the event of failure by CORPORATION
to correct defects in or replace nonconforming goods or service
promptly, CITY, after reasonable notice to CORPORATION, may
make such corrections or replace such materials or services and
charge contractor for the cost incurred by the CITY thereby.
L. WORKERS’ COMPENSATION. CORPORATION, by
executing this agreement, certifies that it is aware of the provisions of
the labor code of the state of California which require every
employer to be insured against liability for workers’ compensation or
to undertake self-insurance in accordance with the provisions of that
code, and certifies that it will comply with such provisions before
commencing the performance of the work of this agreement.
M. PRICE TERMS.
(a) Extra charges, invoices and payment. No extra charges of any
kind will be allowed unless specifically agreed to in writing by
CITY. All state and federal excise, sales and use taxes shall be stated
separately on the invoices.
(b) Transportation charges. Any transportation charges with respect
to which CORPORATION is entitled to receive reimbursement shall
be added to CORPORATION’S invoice as a separate item, with the
receipted freight bill attached thereto.
(c) CORPORATION warrants that the prices for materials or services
sold to CITY under this agreement are not less favorable than those
currently extended to any other customers of the same or like articles
or services in equal or less quantities. In event CORPORATION
reduces its price for such materials or services during the term of this
agreement, CORPORATION agrees to reduce the prices or rates
hereof correspondingly.
N. SCHEDULES OR DELIVERY. Time is of the essence of this
agreement. CORPORATION agrees to comply with the specific
schedule provided by the CITY or agreed upon herein without delay
and without anticipating CITY’S requirements. CORPORATION
also agrees not to make material commitments or scheduling
arrangements in excess of the required amount or in advance of the
time necessary to meet the schedule(s) of this agreement, if any.
O. TRANSPORTATION, PACKAGING & LABELING. All
materials or services are to be provided: (a) F.O.B., Palo Alto unless
otherwise specified; (b) with a packing list enclosed in cartons, which
indicate the agreement number, exact quantity and descriptions,
concerning any materials shipments; (c) and comply with current
packaging and labeling requirements prescribed by D.O.T.
Page 4 of 23
EXHIBIT A
RESPONSIBILITIES OF THE CORPORATION
(1) Abide by the policies/procedures established by CITY and CITY’S Arts and
Sciences Division and the Department of Community Services for the use of CITY facilities,
equipment, costumes, props, furniture, scenery and other production elements. These shall
include, but are not limited to, Regulations Of The City Of Palo Alto Regarding Prohibited
Conduct In Community Centers and Theaters (Appendix A), the City of Palo Alto Injury and
Prevention program (Appendix B), Policy for Sale of Alcoholic Beverages (Appendix C),
Operations Manual (Appendix D), Safety Procedures and Guidelines (Appendix E), Building
Emergency Procedures (Appendix F), procedure for adjusting the forestage height including use
of the Scissor lift (Appendix G), House Manager's Guide (Appendix H), Zero Waste Plan
(Appendix I), and Costume Room Guidelines (Appendix J). Follow safety procedures for the use
of power and hand tools, mechanical lifts, etc. including the use of safety goggles, ear protection,
face shields, safety cables, outriggers, etc.
(2) Obtain, supervise, and pay all necessary related fees for the services of all
professional assistance needed to produce such productions. Such assistance may include, but is
not limited to the following: Production Directors, all Designers, Carpenters, Painters,
Production Assistants, Music Directors, Choreographers, Musicians and other Front of House,
Artistic or Administrative personnel.
(3) Pay all fees and costs for materials, supplies, scripts, royalties, licenses and other
fees and expenses connected with said productions, including all make-up removal supplies.
(4) Be solely responsible for the control and supervision of all production activities
and personnel connected therewith and shall notify all personnel of their obligations and
responsibilities pertaining to their production area. Act responsibly in matters of building
security when CORPORATION is scheduled to utilize CITY facilities.
(5) Conduct regularly scheduled production meetings, shall notify CITY of such
production meetings in writing, and shall coordinate all production activities with CITY'S
Project Manager or his/her designee. There shall be at least one or more, as needed, production
design meeting(s) for each production as scheduled in ATTACHMENT 1 which shall be
convened by CORPORATION at a mutually convenient time prior to start of construction.
Provide the Project Manager or his/her designee with a list of major production personnel and
their phone numbers for each production at the time of the first production meeting. Construction
plans and fly-line plots should be submitted at the aforementioned production design meeting in
order for the Project Manager or his/her designee to ascertain compliance with CITY fire or
other safety regulations.
(6) Provide the Project Manager or his/her designee with a list of all pyrotechnics
effects (including the use of open flames), all hydro technical effects, all use of fog or haze, all
loud noises (i.e. gunshots), and all use of strobe lights at least 21 days prior to first use on stage.
No flames shall be permitted on stage without the required fire permits from CITY. Smoking by
any of the actors on stage as an integral part of the production will be considered a pyrotechnic
effect. Safety precautions approved by a CITY Fire Inspector and the Project Manager or his/her
Page 5 of 23
designee will be taken when smoking is occurring on stage, and the audience shall be notified
beforehand that smoking, loud noises (i.e. gunshots) or use of strobe lights will occur on the
stage. All Fire Department fees for “Open Flame Permits” and “Candles and Open Flames in
Assembly Areas Permits” shall be the responsibility of the CORPORATION.
(7) Provide the Project Manager with the rehearsal schedule, performance schedule,
shop schedule and any requests for the use of CITY facilities (including but not limited to the
Community Theatre, rooms located in the Lucie Stern complex and the Lucie Stern Courtyard
and patio) for any purpose. Space reservations should be made at least four weeks in advance.
CORPORATION shall accommodate other uses of the theatre facility, including but not limited
to the stage, auditorium, rehearsal hall, scene shop, paint shop, flat dock, and costume shop,
during periods of non-use during the runs of the productions. CITY shall notify the
CORPORATION . CORPORATION shall provide personnel for any shifting of
CORPORATION'S scenery and/or equipment.
(8) Designate as Project Director for the length of this contract an employee or sub-
contractor to manage or supervise all areas and items in this contract, including production,
technical, house personnel and any and all support groups and to be CORPORATION'S liaison
with the Project Manager or his/her designee in all matters relating to the CITY in any way.
(9) Arrange for auditions and casting for such productions and be solely responsible
for the supervision and control of all performers. With respect to casting, CORPORATION shall
have sole discretion to choose and approve the qualifications and select the cast. In personnel
decisions, the CORPORATION shall agree to and comply with the provisions of the CITY’S
Non-discrimination Policy (Exhibit 8).
(10) Search for, place and train participants in appropriate areas of theatre production
activity and shall utilize personnel in a safe and effective manner in the presentation of such
productions. CORPORATION shall be solely responsible for the control and supervision of
such participants and shall indemnify, defend, and hold harmless the CITY from any claims or
liabilities arising from the acts or omissions of such personnel. All such personnel shall be
deemed the sole agents and employees of CORPORATION and shall be notified by the
CORPORATION of this circumstance.
(11) Exercise safe practices in the use of CITY facilities and equipment, shall maintain
and clear work areas, and shall within 24 hours report, with form provided by CITY (Appendix
K), information regarding accidents. Immediately report to the Project Manager or his/her
designee on form provided by CITY any breakage, malfunction, deterioration or loss of any of
the CITY'S resources (including musical instruments, tools, lights, sound equipment, props,
curtains, etc.). CORPORATION shall not attempt repair of CITY equipment without prior
consultation with the CITY’S Project Manager. CORPORATION shall immediately discontinue
any activity where an unsafe or dangerous condition exists. CORPORATION shall train and
supervise CORPORATION'S staff and volunteers on safe theatre practices and adhere to CITY'S
safety procedures and guidelines. If, in the opinion of any CITY or CORPORATION employee,
CORPORATION is conducting an activity in an unsafe manner, CORPORATION or its agents
shall be informed and shall immediately discontinue such activity until such activity is able to be
conducted in a safe manner approved by CITY staff.
(12) Promote and publicize all of its productions, and shall print in all publicity,
including, but not limited to, publications, mailings, flyers, posters, brochures, programs, and
Page 6 of 23
paid or public service advertising, the statement, "In cooperation with the City of Palo Alto
Community Services Department Division of Arts and Sciences." In conformance with
Americans with Disabilities Act (ADA) of 1990 guidelines and requirements, CORPORATION
shall bear responsibility for providing appropriate auxiliary aids, interpretive services and
accommodations where they are necessary to achieve an equal opportunity to participate in and
enjoy the benefits of public performances produced under this contract. Printed programs shall
include the following statement required by the Americans with Disabilities Act: "Persons with
disabilities who require information on auxiliary aids or services in using City facilities, services,
or programs or who would like information on the City's compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact: ADA Coordinator, City of Palo Alto, 650-463-
4952 (Voice) or ada@cityofpaloalto.org (Internet).”
(13) Continue to exist as an independent, non-profit corporation under the laws of the
United States and the State of California.
(14) Submit all signs or displays to be located on the Theatre premises to Project
Manager or his/her designee for approval at the first production meeting. All displays may be
put up at load-in and must be removed during strike. Inside the Theatre, no display materials
may be placed upon stucco walls. Lobby displays may only be placed on the lobby display
boards, and all fasteners must be removed at the time display is taken down. Nothing may be
posted on the exterior walls or doors of the Theatre or in the Stern courtyard, except for items in
the display case and an approved production name sign hung from the theatre balcony. Marquee
signs must be constructed of light weight material, and shall be secured in such a way that the
sign cannot become dislodged by normal vibration or seismic activity. Signs shall be of a
standard size no larger than ten feet in length and eight feet in height. All marquee signage must
be attached to the theatre balcony with rigging so that the sign may be easily removed for limited
periods during photography shoots, special events, or building maintenance.
(15) Assure that the auditorium, stage, paint shop, scene shop, flat dock, costume shop,
green room, dressing rooms, rehearsal hall, hallways and outdoor areas adjacent to theatre and
shop will be cleared and clean, and that scenery, properties, and other production elements will
be disassembled and stored, to the Project Manager or his/her designee’s satisfaction, within six
hours after the final performance or on a time schedule mutually agreed upon between the
CORPORATION and the Project Manager or his/her designee. The stage shall always be
returned to its basic set-up as established by the Project Manager or his/her designee unless there
is a mutual agreement with the incoming group that has been approved by the Project Manager
or his/her designee. All items on the STRIKE CHECKLIST are to be performed unless there is a
mutual agreement with the incoming group that has been approved by the PROJECT
MANAGER or his/her designee. The Project Manager or his/her designee will sign a copy of the
STRIKE CHECKLIST form at the completion of the strike to signify acceptance of clean and
neat facilities.
(16) Leave storage, paint, scene and costume spaces clean and clear of
CORPORATION'S materials other than those materials necessary for the ongoing maintenance
and repair of the sets and costumes by the Monday following opening performance.
(17) Leave all spaces clear, clean and orderly at the end of each use. Rehearsal Hall is
to be cleared of all materials, except major set pieces and any rehearsal props, after each daily
use. Rehearsal Hall is to be completely cleared within 24 hours of final use. Dressing rooms are
to be maintained after each daily use. Trash, recycling and compostable materials are to be
Page 7 of 23
removed from all areas daily. Recyclables and compostable materials are to be placed in the
recycling and composting carts near the trash dumpster and garbage and trash are to be placed
into the dumpster. The CORPORATION is required to reduce waste, reuse and recycle per the
CITY’s Zero Waste Plan (Appendix I). Office space and hallways are to be kept continually
clear, clean and orderly and neither space shall be used for the purpose of set, prop, or costume
storage. Materials may not be left or stored any place out-of-doors overnight or when unattended
by contractor personnel.
(18) Enforce current regulations as established by CITY with regard to smoking, food
and drink in CITY facilities (Appendix A). CORPORATION shall provide ushers at all
previews and performances who will enforce such regulations. Smoking is not permitted inside
any CITY facility. No person shall bring any animal into the theatre. This regulation shall not
apply to service animals assisting individuals with disabilities or to animals in training to become
service animals. Use of animals on the stage is subject to approval by the Project Manager or
his/her designee. Food and drink are not permitted in the auditorium, light/sound booth or on
stage, unless used as part of a production scene. Food and drink shall be permitted only in
approved areas such as the green room and lobby. CORPORATION shall clean up all food and
drink containers daily after use.
(19) Observe all provisions of this agreement when using CITY facilities other than or
in addition to the Community Theatre. This includes cleaning up the rooms, returning tables and
chairs to their initial locations and depositing all trash and recycling in the appropriate
receptacles. CORPORATION will be responsible for the maintenance of the Lucie Stern-
Recreation Wing restrooms for weekend performances.
(20) Comply with CITY TB test requirement for employees and volunteers of
CORPORATION at any time the CITY Risk Manager deems it necessary. If minors are involved
in the production, State of California requirements for fingerprinting the staff must be followed.
(21) Comply with CITY sound ordinance levels for any outdoor activities, including
load-in, strike, dismantling, or disposal. Shop doors facing Hopkins and Harriet Streets shall be
closed between 8:00 p.m. and 8:00 a.m.
(22) Pay Building Attendant fees at prevailing rates as set forth in the Municipal Fee
Schedule:
(a) For (an) additional Attendant(s) required for the use of CITY facilities other
than the Attendant the CITY will furnish for the Lucie Stern Community Theatre facility for the
period of from one hour prior to until at least one half hour after the completion of each public
performance as listed in ATTACHMENT 1.
(b) For any performances not included in ATTACHMENT 1.
(c) When using other CITY facilities at the same time as a public performance as
listed in ATTACHMENT 1.
All building use policies must be adhered to for any CITY facility use.
Page 8 of 23
Additional performances of the productions listed in ATTACHMENT 1 may be added to
ATTACHMENT 1 with two weeks notice.
(23) Provide house manager and ushers for every performance or event whenever
public is in attendance. CORPORATION shall permit only persons who have been trained in
theatre emergency, safety and use procedures to usher. CORPORATION shall submit a list of
their trained personnel to the Project Manager prior to public performances for each production.
Ushers must be available to assist patrons under all circumstances and must be aware of and able
to assist disabled persons. The CORPORATION’S House Manager and ushers must also be
available to assist in emergency situations throughout the entire performance until audience has
left the theatre. Ushers must ensure that wheelchairs, walkers, etc. are not blocking any of the
aisles or exits. Ushers shall return seats to the upright position and remove litter from the
auditorium and restrooms at the conclusion of each performance.
(24) Shall be responsible for installing or removing the removable auditorium seats in
designated areas to accommodate their wheelchair patrons and as required due to the needs of the
production.
(25) Shall have privilege of borrowing available Community Theatre-owned
properties, sets, costumes and scenery for productions scheduled in this agreement. Costumes,
properties and sets created by CORPORATION with CORPORATION-owned materials will
remain the property of CORPORATION, and shall be removed from the theatre facility at the
conclusion of the production in which the materials are used. The Project Manager or his/her
designee may, on a case-by-case basis, authorize exceptions. Any allowed items stored at the
theatre will become available for use by all contracting CORPORATIONS and the CITY. All
such items created under former agreements will continue to be the property of the CITY. All
office equipment, construction tools, special effects and lighting equipment purchased and
owned by CORPORATION will remain the private property of CORPORATION and the CITY
assumes no responsibility or liability for the loss or maintenance of such materials. All
equipment, instruments, costumes and any other materials rented, borrowed or owned by any
subcontractor, agent or person for the CORPORATION is the responsibility of the
CORPORATION and/or its subcontractors, and the CITY assumes no responsibility or liability
for its maintenance or loss. Such items as original play scripts, musical scores, scenic designs,
costume designs and photographs belong solely to the authors, composers, artists who created
them or their representatives, and any use of them will be at the sole discretion of the
CORPORATION. Any use of these items must be in accordance with all applicable laws.
CORPORATION assumes all liability and responsibility for any default on production expenses.
(26) Shall be required to replace or have repaired by factory authorized technicians
CITY owned equipment, instruments or materials identified by the Project Manager or his/her
designee as having been lost, damaged or destroyed by an agent of the CORPORATION. A
written report must be made on CITY form whenever CITY equipment is lost, damaged, or
destroyed by the CORPORATION.
(27) May be allowed the use of Community Theatre-owned properties, sets, costumes,
scenery, furniture and equipment for CORPORATION productions not scheduled in this
agreement upon written request to the Project Manager or his/her designee and upon express
approval and written authorization of the Project Manager or his/her designee. CORPORATION
must return to Community Theatre all items borrowed for productions at other venues within
four days of the final performance and shall, in the event the items are damaged or destroyed, be
Page 9 of 23
responsible for the repair or replacement of all such borrowed items to the satisfaction of the
Project Manager.
(28) May use Community Theatre facilities and equipment only for theatre productions
expressly covered under this agreement. Exceptions, such as for classes, camps or workshops,
will be considered by the Project Manager or his/her designee upon the receipt from the
CORPORATION of a written request at least thirty days prior to the date needed and, if granted,
will be approved in writing by the Project Manager or his/her designee. No such activity will be
advertised or promoted until it has been expressly approved by the CITY’S Project Manager.
(29) Shall enforce all State and City laws relating to the sale and consumption of
alcoholic beverages in CITY facilities. Alcohol is permitted at the Lucie Stern Community
Center if approved by the CITY’S Project Manager. Unless otherwise specifically permitted the
only alcoholic beverages which may be sold or served at CITY facilities by CITY policy are
wines, including champagne and sparkling wine. If alcoholic beverages are to be sold or
distributed free of charge, CORPORATION must possess a State A.B.C. The permit for the sale
or distribution of alcoholic beverages obtained by the CORPORATION must be provided to the
Project Manager. Proof of liquor liability insurance where CITY is named as co-insured with
liability of at least one million dollars ($l,000,000.00) shall be required. Permits are to be
displayed as required by law. It is the responsibility of the CORPORATION to ensure that no
alcoholic beverage is served to a minor. Identification must be checked if the person appears to
be under thirty years of age. CORPORATION shall remove all items, including cups, glasses,
bottles, napkins and food from the lobby and any other affected areas, including the courtyard,
after each performance. CORPORATION is required to adhere to CITY’S Recycling and Zero
Waste Program (Appendix I).
(30) Shall have one of their designated and CITY approved key and/or proximity card
holders on the premises at all times as a supervisor whenever anyone from the CORPORATION
is in the facility working for the CORPORATION, whether as a paid employee, subcontractor or
volunteer. The Project Manager or his/her designee must approve any exceptions in writing.
(31) Shall not in any way modify CITY facilities and may not install or attach
anything in or on CITY facilities without having first submitted a written request to the Project
Manager and having received written permission from the Project Manager or his/her designee.
The approval of the Project Manager does not relieve the CORPORATION from any
responsibility to obtain necessary CITY permits or Building Department approvals for the
modification. Any violation shall result in the CORPORATION being charged for all repairs
necessary to restore the facility to its original condition and any additional costs pertaining to the
restoration of CITY property.
(32) Shall immediately report to the police any incidents of a criminal or suspicious
nature occurring on CITY property and notify the Project Manager or his/her designee within
twelve hours. If initial notification is verbal, it must also be submitted in writing to Project
Manager or his/her designee on provided form.
(33) Shall make sure that the doors to the Scene Shop, Rehearsal Hall, and Costume
Shop, as well as any other exterior access doors to any area of the Lucie Stern Community
Theatre, are not left open, unlocked or left with the locking mechanism disabled at any time
when the immediate area secured by the door is unoccupied by the CORPORATION, even if
only briefly. Failure to do this may result in greater restricted access to the Lucie Stern
Page 10 of 23
Community Theatre, including the possible forfeiture of keys/proximity cards by the
CORPORATION and/or restricted access times.
(34) Must fill out a CITY Report of Accident/Property Damage report (Appendix
K) for any and all accidents, injuries or property damage if a CITY employee is not present to fill
out the report.
(35) Must operate and conduct business in compliance with the CITY’s Zero Waste
Plan (Appendix I) for all activities including, but not limited to, set construction and strike, food
and beverage service, and office activities. The CITY Recycling Program can assist with
resources for achieving this goal. The goal is to send as little waste to landfill as possible through
waste reduction, reuse and recycling. To achieve this goal CORPORATION must first reduce
waste whenever possible.
(36) Shall avoid the use of disposables and shall not use Styrofoam™ and other
plastics for food/beverage service. Reusable food/beverage service ware should be utilized to the
maximum extent possible. Where a reusable food/beverage service option is not available,
choose items that are recyclable. For concessions, choose product packaging that is recyclable.
(37) Must practice reuse before, during and after production. A list of reuse
resources will be provided to avoid the disposal of construction materials, sets and props.
CORPORATION must recycle construction debris from set materials (e.g. wood, metal).
(38) Must recycle all materials included in the CITY’s Recycling Program
including paper (all types), plastic containers #1-#7, cardboard, glass bottles and jars, and metal
cans. Compostable materials will be disposed of in designated compost waste receptacles.
(39) Include on the title page, or other prominent place, of all production and event
programs: 1) the official City of Palo Alto logo, to be obtained from Project Manager, and 2) the
following credit: “Use of this facility is made possible through support from The City of Palo
Alto, Community Services Department, Division of Arts and Sciences.” The City of Palo Alto,
Community Services Department, Division of Arts and Sciences shall also be credited in the
CORPORATION’s list of funders, at a level that reflects the annual subsidy provided by the
CITY.
Page 11 of 23
EXHIBIT B
RESPONSIBILITIES OF THE CITY
(1) Allow CORPORATION the use of the Community Theatre Rehearsal Hall,
Costume Room, Scene Shop, Paint Shop, Stage, Auditorium, Light/Sound Booth, designated
work space, etc. as scheduled in ATTACHMENT 1 for the preparation and presentation of
theatre productions performed under this agreement provided that CORPORATION submits
specific rehearsal schedules, performance schedules and shop use schedules. CORPORATION
shall be required to comply with all CITY policies. Any use of CITY facilities and equipment
other than that listed in this contract but necessary to carry out this contract must be scheduled
through and approved in advance by the Project Manager or his/her designee.
(2) Allow the use of the auditorium and the stage for performances and brush-up
rehearsals on the following schedule:
No performance shall begin earlier than 9:00 a.m. nor end later than midnight. In no
event shall CORPORATION conduct rehearsals or other activities, or otherwise occupy CITY
facilities from 12 midnight to 8:00 a.m. unless prior written permission is obtained from the
Project Manager or a designated employee of the CITY is on site. CORPORATION shall
observe all facility security rules and regulations as established by CITY (Appendix A).
(3) Allow the use of the stage and the auditorium prior to the opening night of such
productions according to the production schedule set forth in ATTACHMENT 1. Allow the use
of the rehearsal hall, box office, scene shop, paint shop and costume shop according to the
schedule as set forth in ATTACHMENT 1. Additional facility use may be provided as specified
in item (Exhibit B (1); Exhibit A (28)) above; however, priority use of the room will always be
given to actual rehearsals of productions covered by a contract with the CITY. The CITY will
not be responsible for obtaining additional space, but may assist in locating other CITY spaces
and may act as co-sponsor for use of CITY facilities under appropriate circumstances. Payment
as specified in the CITY’s Municipal Fee Schedule will need to be made for any
productions/performances/events/other uses that are not included as a part of ATTACHMENT 1.
CORPORATION will forfeit the right to any additional reservations of CITY facilities should
CORPORATION reserve space which is not used. CITY reserves the right to allow other uses of
space when not in actual, scheduled use by CORPORATION.
Revised 9/1/2010 Page 12 of 23
(4) Provide the Project Manager or his/her designee with a list of all planned
activities utilizing theatre Stage and Auditorium during said periods. This information is to
be provided to the Project Manager or his/her designee in production design meetings
(5) Allow CORPORATION to use all operational production equipment in
CITY'S Community Theatre inventory as requested by CORPORATION and approved in
writing by CITY. CORPORATION takes such equipment "as is" and is responsible for
ensuring that such equipment is in a safe condition prior to use and is returned in working
condition at the conclusion of its use or of the production. The CORPORATION will assist
the CITY in keeping the inventory of tools, equipment, instruments and production
materials up-to-date so that all theatre users may benefit from the use of these materials.
(6) Monitor all aspects of production relative to safety (Appendix E). If the
Project Manager or any designee(s) deem(s) that any procedure followed by
CORPORATION is unsafe, he or she has the authority to immediately stop such procedure.
The CITY and CORPORATION will work together to prevent or quickly mitigate any fire
hazards or any items identified by the Fire Department during facility inspections.
(7) Provide maintenance of CITY facilities and equipment, replacement lamps
for lighting equipment and blades for table power tools, but not hand power tools. CITY
shall respond with reasonable speed to make necessary repairs hereunder.
(8) Provide persons designated by CORPORATION and approved by the
Project Manager or his/her designee with keys, proximity cards (up to a maximum of six),
and alarm codes for access to Lucie Stern Community Theatre facilities solely for the
purpose of carrying out the requirements of this agreement. Keys, proximity cards, and
alarm codes shall not be loaned or transferred and shall only be used by the designated
persons. In the event that CORPORATION fails to properly open or lock and secure CITY
facilities leading to a false alarm call-out or leaves areas of the facility unlocked and
unattended, a two hundred dollar ($200.00) penalty shall be paid to CITY on each
occasion. In the event that a designated key holder loses any key or proximity card issued
by CITY the CORPORATION shall be assessed a seventy-five dollar ($75.00) replacement
charge for each key or proximity card or pay for the cost of rekeying or reprogramming the
locks of the facility if circumstances indicate it as determined by the CITY.
CORPORATION will be responsible and held accountable for all personnel, properties and
activities of CORPORATION. CORPORATION will be responsible and held accountable
for all CITY facility and equipment damages or loss due to negligence.
(9) Have the right to, with no notice; suspend this contract if the building should
be declared uninhabitable for reasons of safety by the proper authorities. (i.e. if the building
should be damaged in an earthquake and be declared unsafe for occupancy). If there is an
outbreak of pandemic flu or other medical emergency and places of public gatherings are
closed, CITY will not assume any financial responsibility for loss of revenue by the
CORPORATION. If the Lucie Stern Community Theatre is not available due to
earthquake, other disaster, or safety related issues, CITY will not assume any financial
responsibility for loss of revenue by the CORPORATION.
Revised 9/1/2010 Page 13 of 23
EXHIBIT C
GENERAL CONDITIONS
(1) CITY. The Manager Arts-Children’s Theatre is designated the Project
Manager for CITY, who shall render overall supervision of the progress and performance
of this agreement by CITY. All services herein agreed in this contract to be performed by
CITY shall be under the overall supervision of the Project Manager or his/her designee.
Contractor shall go through Project Manager or his/her designee in all matters dealing with
CITY policies, funding, facilities, equipment and other CITY departments outside the
Community Theatre.
(2) CORPORATION. CORPORATION shall assign a single Project Director
who shall have overall responsibility for the progress and execution of this agreement by
CORPORATION. Should circumstances or condition subsequent to the execution of this
agreement require a substitute Project Director, CORPORATION shall notify CITY
immediately of such occurrence. The Project Director shall be responsible for all actions of
the CORPORATION, including their support groups and volunteers. The Project Director
shall also be responsible for all communication and information to and from CITY and
CORPORATION'S personnel, including their support groups.
(3) ACCESS. CORPORATION shall not prevent the Project Manager, facility
maintenance personnel, and others specifically designated by the Project Manager from
free and easy access to all CITY facilities. The Project Manager and others specifically
designated by the Project Manager shall attempt to coordinate such access if possible.
(4) SPECIFIC SERVICES. CORPORATION shall provide all specified
services as set forth herein, for the presentation of the 2013-2014 Season’s productions as
listed in and on the dates specified in ATTACHMENT 1.
(5) PRODUCTION CHANGES. CORPORATION may make changes to its
productions within the guidelines of the author or his/her representative.
(6) SCHEDULING. CORPORATION may change production scheduling or
locations for the purpose of increasing its net revenue and/or audience base, provided that
such changes shall not diminish the quality of or access to such offerings by Palo Alto
residents. Such changes shall be subject to CITY policies and procedures for space
reservation and requests for changes are to be submitted in writing to the Project Manager
for approval before any such changes are made.
(7) FISCAL YEAR DEFINED. The term "fiscal year" shall mean July 1 to
June 30, although CORPORATION is not required to use the same period for its own
record-keeping and reporting purposes.
(8) DAYS DEFINED. The term "days" shall mean calendar days.
Revised 9/1/2010 Page 14 of 23
(9) QUALIFICATIONS. CORPORATION represents that it is qualified to
furnish the services described under this agreement and shall be responsible for the
performance of this agreement.
(10) TICKET SALES:
(a) CORPORATION budget for the term of this agreement is attached
hereto, marked “ATTACHMENT 2” and incorporated herein by reference as though fully
set forth.
(b) CORPORATION shall be responsible for sale of season tickets and
single tickets, depositing of revenue and reporting of revenue and expenditures, and shall
place available tickets for each production for sale at the theatre box office one hour prior
to each performance. CORPORATION shall not pre-sell seat numbers C1, C2, D1, D2,
D3, and D4. CORPORATION shall also not pre-sell either the block of seats T2, T4, T6,
T8, T10, U2, U4, U6, U8 and U10 or the block of seats T1, T3, T5, T7, T9, U1, U3, U5,
U7, and U9 but shall hold one of these blocks of seats for disabled seating priorities. Said
unsold seats may be released for sale one hour prior to performance.
(c) CORPORATION agrees the price of admission for the season shall
be as set forth in ATTACHMENT 3.
(d) CORPORATION shall remit to CITY a surcharge for each ticket sold
of $2.00 for each and every ticket sold either through subscription, group, individual,
promotional or any other means. The surcharge of two dollars ($2.00) per ticket sold is due
within 60 calendar days after the closing date of the production. “Sold” is to include any
tickets given in exchange for monetary consideration. There will be a 10% surcharge levied
for payments received between 61 days and 90 days after the closing date of the
production; a 15% surcharge levied for payments received between 91 days and 120 days
after the closing date of the production; and a 20% surcharge levied for payments received
in excess of 121 days of the closing date of the production. Payment must be accompanied
by the production report.
(e) CORPORATION shall provide CITY, when requested by the Project
Manager or his/her designee, with at least six (6) complimentary tickets for each
production on the date(s) requested, best available seating will be provided to CITY if any
seats are available at the time of the request.
(f) CORPORATION may operate an intermission snack concession
during each performance under this agreement. CORPORATION shall conduct such
operation in a safe, clean manner and shall hold CITY harmless from any claim or demand
of liability of any nature whatsoever which may arise out of such operation. If alcoholic
beverages are to be sold or distributed free of charge, CORPORATION shall have on
display a California State A.B.C. Permit and provide the Project Manager with proof of
liquor liability where CITY is named as co-insured with liability of at least one million
dollars ($l,000,000.00) (See Exhibit A (29) above). It is the responsibility of the
Revised 9/1/2010 Page 15 of 23
CORPORATION to ensure that no alcoholic beverage is served to a minor by checking
I.D.’s if the person appears to be under thirty years of age. Food and drink may not be
taken into the Auditorium or the Light/Sound Booth at any time. CORPORATION shall
remove all cups, glasses, bottles, napkins and food from the lobby, green room, and any
other affected areas, including the courtyard, after each performance. CORPORATION is
required to adhere to CITY’S Zero Waste Plan (Appendix I).
(11) ORGANIZATION OF CORPORATION.
(a) Composition of Corporation. Throughout the term of this
agreement, CORPORATION shall remain an independent, non-profit corporation under the
laws of California governed solely by a Board of Directors. Any changes in
CORPORATION'S Articles of Incorporation, By-Laws, or tax-exempt status shall be
reported by CORPORATION immediately to the Project Manager. Not more than twenty-
five percent (25%) of the persons serving on the governing board of CORPORATION may
be interested persons. "Interested persons" means any person currently being compensated
by the CORPORATION for services rendered to it, whether as a full or part-time
employee, independent or otherwise, but excluding any reasonable compensation paid to a
director as director.
(b) Meetings of Corporation. All meetings of the Board of Directors of
CORPORATION shall be open to the public, except meetings, or portions thereof, dealing
with personnel or litigation matters. Project Manager will serve as CITY liaison to
CORPORATION'S Board of Directors. Project Manager shall be notified 21 (twenty-one)
days in advance of the dates, times, and locations of all Board of Directors meetings.
CORPORATION shall provide CITY with names, addresses and telephone numbers of
CORPORATION Board members, as well as your Board’s meeting schedule
(ATTACHMENT 4) to be attached to this agreement prior to its final approval.
CORPORATION shall provide an updated roster of Board of Directors as changes may
occur.
(12) FISCAL RESPONSIBILITIES OF CORPORATION.
(a) Fiscal Agent. CORPORATION shall appoint a fiscal agent who
shall be responsible for the financial and accounting activities of CORPORATION,
including the receipt and disbursement of CORPORATION funds. CORPORATION shall
provide CITY with the name of fiscal agent (ATTACHMENT 5) and notify the Project
Manager within 24 hours of any changes occurring during the contract period.
CORPORATION shall have sole responsibility for the safekeeping of CORPORATION
tickets and monies.
(b) Fiscal Monitor. CORPORATION shall appoint from its Board an
individual who no less than monthly shall review and by signature acknowledge each
monthly financial report.
Revised 9/1/2010 Page 16 of 23
(c) System of Accounts. CORPORATION and its fiscal agent shall
establish and maintain a system of accounts that shall be in conformance with generally
accepted principles of accounting for budgeted funds. Such system of accounts shall be
subject to the review and approval of appropriate CITY staff.
(d) Financial Record. In support of its system of accounts,
CORPORATION shall maintain complete and accurate records of all financial transactions,
including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers,
canceled checks, and bank statements. These records shall be made available to the CITY
upon request. NOTE: CORPORATION currency is not to be stored on the theatre
premises.
(e) Audits. CORPORATION shall provide for independent audit of its
fiscal year transactions, records, and financial reports. The audit shall be at the discretion
of CITY and, if required, shall be done by a certified public accountant. The certified
public accountant shall submit the report to both parties. The cost of this audit will be borne
by CORPORATION.
(f) Audit of surcharge payments. Corporation shall retain for a period of
at least three years ticket stubs, sales records, and a verified report of sold and unsold
tickets which must be made available to the city of Palo Alto Auditor upon request.
(13) PRODUCTION REPORTS AND RECORDS.
(a) Production Reports. CORPORATION shall keep accurate records of
and shall file with Project Manager or his/her designee Production Reports within thirty
(30) calendar days following the closing of each production, listing number of
performances, ticket sales, expense/revenue, number of paid and volunteer participants and
paid and volunteer participant hours worked. Each report shall be prepared on the form
provided by CITY or on a form approved by the Project Manager. CORPORATION shall
make every reasonable effort to supply such other information as the Project Manager
and/or CITY Auditor may request. On reasonable notice and with reasons specified,
CORPORATION shall grant the Project Manager and/or CITY Auditor access to all
CORPORATION records relating to this agreement, including performance records, data,
statements, and reports.
(b) Evaluation of services. CORPORATION shall furnish all data,
statements, records, information, and reports requested by CITY to monitor, review, and
evaluate the performance of CORPORATION'S services hereunder.
(c) A copy of CORPORATION’S most recently filed California State
Tax Form 199, "California Exempt Organizations Annual Information Return" must be
filed with the Project Manager or his/her designee within fifteen days of when it is due to
the State of California and shall also be attached to this agreement prior to its final approval
(ATTACHMENT 6).
Revised 9/1/2010 Page 17 of 23
(14) CORRECTIVE ACTION REQUIREMENT. Notwithstanding the
requirements of this agreement, in the event CITY should determine from any source,
including but not limited to reports submitted by CORPORATION under this agreement or
any evaluation report from any source, that there is a condition which requires correction,
CITY may forward to CORPORATION a request for corrective action. Such request shall
indicate the nature of the condition(s) or issue(s) which require(s) corrective action and
may include a recommendation as to appropriate corrective action. Within fifteen (15) days
of CITY'S request, CORPORATION shall submit its response which shall include its view
of the problem and proposed action, if any. Upon request of either party, the parties shall
meet within five (5) days thereafter to discuss the problem and proposed corrective action.
(15) RIGHT TO SUSPEND OR TERMINATE. Either party may suspend or
terminate the agreement for any reason by giving thirty (30) days' written notice to the
other party. Upon the expiration of such notice, performance of the services hereunder
shall be immediately discontinued.
(16) SURRENDER OF MATERIALS. Upon suspension or termination,
CORPORATION shall immediately turn over to CITY all keys and proximity cards issued
by CITY, copies of studies, reports, and other data, whether or not completed, prepared by
CORPORATION or its subcontractors, if any, in connection with this agreement. Such
materials shall become the property of CITY. CORPORATION, however, shall not be
liable for CITY'S use of incomplete materials nor for CITY'S use of complete documents if
used for other than the services contemplated by this agreement.
(17) CONTRACTS WITH OTHER AGENCIES. CORPORATION agrees not
to enter into any contract or agreement with another person or agency that will materially
interfere with or inhibit the full performance of the services to be provided by
CORPORATION under this agreement. CORPORATION agrees to terminate as soon as
legally possible any contract or agreement which will materially interfere with or inhibit
the full performance of the services to be provided by CORPORATION to CITY under this
agreement. Nothing herein is intended to prohibit CORPORATION from applying for, and
receiving, supplementary funding from other than CITY sources so long as any agreement
required for such funding does not materially interfere with or inhibit the full performance
of the services to be provided by CORPORATION under this agreement.
CORPORATION is specifically encouraged to seek such supplementary funding.
(18) INTEREST OF CORPORATION. CORPORATION covenants that it
presently has no interest, and shall not acquire any interest, direct or indirect, financial or
otherwise, which would conflict in any manner or degree with the performance of the
services hereunder. CORPORATION further covenants that, in the performance of this
agreement, no subcontractor or person having such an interest shall be employed. It is
expressly agreed that, in the performance of the services hereunder, CORPORATION shall
at all times be deemed an independent contractor and not an agent or employee of CITY.
Revised 9/1/2010 Page 18 of 23
(19) ASSIGNMENT. Both parties shall give their personal attention to the
faithful performance of this agreement and shall not assign, transfer, convey, or otherwise
dispose of this agreement or any right, title, or interest in or to the same or any part thereof
without the prior written consent of the other party, and then only subject to such terms and
conditions as the other party may require. Consent to one assignment shall not be deemed
to be consent to any subsequent assignment. Any assignment without such approval shall
be void and at the option of the other party, shall terminate this agreement and any license
or privilege granted herein. This agreement and interest herein shall not be assignable by
operation of law without the prior written consent of the other party.
(20) SUBCONTRACTORS: EMPLOYEES. CORPORATION shall be
responsible for employing or engaging all persons necessary to perform the services of
CORPORATION hereunder. No subcontractor of CORPORATION will be recognized by
CITY as such, rather, all subcontractors are deemed to be employees of CORPORATION
and it agrees to be responsible for their performance. CORPORATION shall give its
personal attention to the fulfillment of the provisions of this agreement by all of its
employees, participants, volunteers, and subcontractors, if any, and shall keep the work
under its control.
(21) INDEMNITY. CORPORATION hereby agrees to indemnify and hold
harmless CITY, its officers, agents, and employees of and from:
(a) Any and all claims and demands which may be made against CITY,
its officers, agents, or employees by reason of any injury to or death of any person or
damage suffered or sustained by any person or corporation caused by, or alleged to have
been caused by, any act or omission, negligent or otherwise, of CORPORATION, its
officers, employees, agents, participants, volunteers, or any subcontractor under this
agreement or of any of subcontractor's employees or agents.
(b) Any and all damage to, loss or destruction of the property of CITY,
its officers, agents, or employees occupied or used by or in the care, custody, or control of
CORPORATION caused by any act or omission, negligent or otherwise, of
CORPORATION, its officers, employees, agents, participants, volunteers or any
subcontractor under this agreement.
(c) Any and all claims and demands which may be made against CITY,
its officers, agents, or employees by reason of any injury to or death of or damage suffered
or sustained by any employee, participant, volunteer, or agent of CORPORATION or any
subcontractor under this agreement, however caused, excepting, however, any such claims
and demands which are the result of the sole negligence or willful misconduct of CITY, its
officers, agents or employees.
(d) Any and all claims and demands which may be made against CITY,
its officers, agents, or employees by reason of any infringement or alleged infringement of
any copyright or trademark caused by or alleged to have been caused by CORPORATION
or any subcontractor under this agreement.
Revised 9/1/2010 Page 19 of 23
(e) Any and all penalties imposed or damages sought on account of the
violation of any law or regulation or of any term or condition of any permit in connection
with this Agreement.
(f) CORPORATION at its own cost, expense and risk shall defend any
and all suits, actions, or other legal proceedings that may be brought or instituted by third
persons against CITY, its officers, agents, or employees on any such claim or demand
referred to in Paragraphs (a), (b), (c) and (d) above, of such third persons, or to enforce any
penalty referred to in Paragraph (e) above and pay and satisfy any judgment or decree that
may be rendered against CITY, its officers, agents, or employees in any such suit, action,
or other legal proceeding.
(g) Any and all claims and demands which may be made against CITY,
its officers, agents or employees for any loss or damage to materials and equipment owned,
rented or borrowed by CORPORATION, its employees, subcontractors, participants,
volunteers, sponsors or any others under its project management.
(22) INTOXICATION. CORPORATION agrees to be responsible for injuries or
damage caused by any of its employees, agents, patrons, subcontractors, or volunteers
under the influence of alcohol, drugs, hallucinogens or narcotics, whether or not legally
prescribed. CORPORATION as well as CITY shall not permit any of CORPORATION’S
employees or volunteers discovered to be under the influence from remaining in any
facility used under the terms of this contract and CITY reserves the right of denying such
persons further participation in Theatre activities. Consumption of alcoholic beverages or
use of illegal drugs is expressly forbidden by any person working for the CORPORATION,
paid or volunteer. This includes all staff, actors, crew and musicians while at the Lucie
Stern Community Center or any other CITY facility.
(23) WORKER'S COMPENSATION. CORPORATION certifies that it is aware
of the provisions of the Labor Code of the State of California, which requires every
employer to be insured against liability for workers' compensation or to undertake self
insurance in accordance with the provisions of the code, and it certifies that it will comply
with such provisions before commencing the performance of the work of this agreement.
(24) INSURANCE. CORPORATION, at its sole cost and expense, shall obtain
and maintain in full force and effect throughout the entire term of this agreement insurance
coverage insuring not only Contractor and its subcontractors, if any, but also, with the
exception of workers' compensation and employer's liability insurance, CITY, its officers,
agents, and employees and each of them. CITY is to be named as co-insured with liability
coverage of at least one million dollars ($l,000,000.00) to be attached to this agreement
prior to its final approval.
Certificates of such insurance shall be filed with CITY concurrently with the
execution of this agreement. Said certificate shall be subject to the approval of the City
Attorney and shall contain an endorsement stating that said insurance is primary coverage
and will not be canceled or altered by the insurer except after filing with the City Clerk
Revised 9/1/2010 Page 20 of 23
thirty (30) days' written notice of such cancellation or alteration. Current certificates of
such insurance shall be kept on file at all times during the term of this agreement.(25)
WEAPONS. No firearms or other weapons, whether loaded or not, shall be allowed in the
Lucie Stern Community Theatre or on any other CITY property. Stage weapons and
firearms designed solely for the use of blank cartridges will be allowed if they are being
used as a prop in the current production but must be stored, when not being used, in a
secure manner by the CORPORATION’S stage manager or his/her designee. (Please
reference the CITY’S Danger Policy, Appendix K)
(26) LEGAL COMPLIANCE. CORPORATION and all its paid employees,
subcontractors, and volunteer participants are required to abide by all Federal, State and
Local laws and ordinances.
Revised 9/1/2010 Page 21 of 23
EXHIBIT D
NON-DISCRIMINATION FORM
Certification of Nondiscrimination:
As suppliers of goods or services to the City of Palo Alto, the firm and individuals
listed below certify that they do not discriminate in employment with regards to age, race,
color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are
in compliance with all Federal, State, and local directives and executive orders regarding
nondiscrimination in employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S)
BELOW.
Firm: ____________________________________________________________
Signature:
____________________________________________________________
Name: ____________________________________________________________
Signature:
____________________________________________________________
Name: ____________________________________________________________
Note: California Corporations Code Section 313 requires two corporate officers to
execute contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer; or Assistant Treasurer.
(In the alternative, a certified corporate resolution attesting to the signatory
authority of the individuals signing in their respective capacities is acceptable)
Revised 9/1/2010 Page 22 of 23
EXHIBIT E
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE
TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE
SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF
CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS
SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES
YES
WORKER’S
COMPENSATION
EMPLOYER’S
LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY,
INCLUDING PERSONAL
INJURY, BROAD FORM
PROPERTY DAMAGE
BLANKET
CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY &
PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE
LIABILITY, INCLUDING
ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE,
COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL
LIABILITY,
INCLUDING, ERRORS
AND OMISSIONS,
MALPRACTICE (WHEN
APPLICABLE), AND
NEGLIGENT
PERFORMANCE
ALL DAMAGES
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL
INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT
THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED,
INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS
COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
Revised 9/1/2010 Page 23 of 23
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF
CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE
FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
“ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED
INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO
OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS
UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS,
SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
1
PUBLIC/PRIVATE PARTNERSHIPS
POLICY STATEMENT
The City of Palo Alto encourages the formation of public/private partnerships for the benefits
the community receives. For the purposes of this policy, “public/private” also encompasses
“public/nonprofit” partnerships.
Definitions
Public/private partnership:A public/private partnership is an agreement between the City and
a nonprofit or private organization to provide services or to assist in funding of public facilities
and programs. Such partnerships may take various forms, including:
Acceptance of or solicitation of service or facility proposals
Facilitation of such proposals through the City's regulatory process
Waiver of City General Fund fees to help reduce project costs.
Contributions of City matching funds for construction of facilities to be owned and
controlled or operated by the City.
Provision of facilities to the private partner at no charge or at a subsidized rent.
Public/private partnerships typically fall into one of three categories: co-sponsorship, alliances
or joint ventures.
Co-Sponsorships:This is the most common type of public/private partnership. An
organization furthers the mission of the City by supporting a City activity or program in
conjunction with pursuit of that organization’s own mission or program. Co-sponsorships can
take the form of one-time events or annual agreements. Some examples of co-sponsorships
include the Palo Alto Tennis Club use of City courts to provide a youth tennis program and
American Youth Soccer Organization’s use of space in a City facility to train referees. Co-
sponsorships are entered into by staff and normally have no or minimal financial impact.
Alliances:This type of public/private partnership involves organizations that have been
created for the sole purpose of supporting a City program or an array of City programs. The
organization does not expect to receive any direct financial benefit or to alter City policy
and/or operations, but undertakes to work closely and cooperatively with staff to implement
City goals. Alliance organizations include the Recreation Foundation, the Art Center
Foundation (Project Look or Cultural Kaleidoscope), the Friends of the Children’s Theatre (the
Magic Castle), the Library Foundation and the Friends of the Palo Alto Library (financial
assistance with the renovation and expansion of the Children’s Library). Alliances are
approved by the Council if there are any staffing or budgetary implications to the partnership.
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
2
Joint Ventures: This type of partnership involves organizations which have programs or
missions independent of the City and involve the City entering into a contractual relationship
with the public or nonprofit organization with both parties contributing to the partnership for
their mutual benefit. Each joint venture is uniquely negotiated by the staff and approved by
the City Council. Examples of Joint Ventures include TheatreWorks, Palo Alto Players and
West Bay Opera’s use of the Community Theatre and use of the former police station by older
adult service provider, Avenidas.
PROCEDURES
Initiation of partnerships:Public/private partnerships may be initiated in one of three
ways:
By staff: Staff identifies an opportunity for such a partnership and undertakes
an informal or formal request for proposal process to identify partners.
By Council: The City Council directs staff to work with a private or nonprofit
organization to develop such a partnership.
By a private or nonprofit organization:An organization makes a partnership
proposal to the staff or City.
City Manager Review:If the partnership proposal involves more than one City
department, the City Manager’s Office will appoint a team with representatives of all
City departments who are stakeholders in the partnership proposal. The team will
analyze the proposal and inform the City Manager of the resource implications of the
proposal, including staffing and monetary commitments. This would include proposed
fee waivers. If the proposal will require a re-ordering of department priorities that have
already been approved by the Council in setting its annual priorities or in the budget
process, Council approval will be required prior to commitment to the partnership.
Council approval will also be required if the partnership requires a new or adjusted
allocation of operating or capital funding. Note: Co-sponsorships usually only involve a
single department and do not necessitate the formation of an interdepartmental
committee, the involvement of the City Manager’s Office or the approval of the City
Council.
City-Initiated Partnerships:Such partnerships will be guided by existing policies and
procedures governing purchasing and outsourcing, using “requests for proposals” and/or
bid processes as the method of initiating a partnership. A City-initiated partnership may
incorporate incentives including naming rights, waiver of non-enterprise fund building
and planning fees, reduced lease rates, free use of space, subsidies, and staff resources.
All incentives may be negotiated on a case-by-case basis.
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
3
Evaluation of Viability of Partnering Organization:Staff will provide the City Manager
and/or City Council with its assessment of the viability of the proposed partnership, based
on the partnering organization’s possession of sound organizational, administrative and
fiscal management, and its demonstrated experience to achieve and sustain project tasks,
such as fundraising and building community support. For proposed facility improvement
or expansion initiatives, the nonprofit or private organization should have the ability and
commitment to make a substantial pledge to the project’s cost.
Facilities Proposals:
If a City facility is to be renovated, expanded or otherwise be directly affected by
the partnership, the Infrastructure Management Plan will have to be adjusted
appropriately.
Long-term staffing, operational and maintenance costs must be identified in the
proposal.The project’s applicable costs and funding sources for furnishings,
fixtures and equipment will be identified.
The parties will negotiate the joint or separate financial responsibility for any
project cost overruns on a project-by-project basis.
Staff may recommend that any standard City processing or use fee authorized
under the Municipal Fee Schedule, excluding fees and charges levied by City of
Palo Alto Utilities or other City enterprise fund programs, should be waived as a
condition of the City's participation. Waiver of fees may be granted by the Council
and limited to those fees associated with a construction or capital improvement
project which, upon its completion, results in a new or improved public facility,
building or park, or some portion thereof, that will be solely owned or controlled
by the City. In the event that only a portion of a construction or capital
improvement project will result in a new or improved City facility, building or
park, or portion thereof, then the Council may waive only that portion of any
associated fee directly relating to the construction, improvement or enhancement
of the City facility, building or park.As appropriate, the summary and
recommendation in the report to the Council will include a staff recommendation
on waiving fees which the Council can approve or reject.
The City will determine whether the nonprofit or private organization shall use or
may forego a formal or informal competitive selection process in the hiring of
professionals who will perform the management, design and/or construction
phases of the project. The City shall review and approve the requirements for and
the performance of all phases of design, planning and construction work for the
project.
City of Palo Alto (ID # 4252)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: Accela ACA Maintenance
Title: Approval of a Five-Year Contract with Accela, INC. for Software
Maintenance for Accela Citizen Access and Accela Automation, Not to Exceed
$658,000
From: City Manager
Lead Department: IT Department
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee
to execute a five-year software maintenance contract with Accela, Inc. in an amount
not to exceed $658,000 to provide maintenance for Accela Automation and Citizen
Access web based permitting applications.
Background
Accela Automation (City side) and Accela Citizen Access (public side), are web-based
applications that allows the City of Palo Alto, contractors, and citizens to apply for and
check the status of permits. Accela allows citizens and contractors to apply for and
check the status of permits via the Internet on a 24-hour, 7 days per week basis
regardless of the City’s normal business hours.
This new five-year contract will replace the existing Accela Maintenance Contract
(C11137911) that expired on 9/30/13. IT has a new Contract Manager that will be
managing the maintenance renewal and support contracts going forward. This contract
along with other IT maintenance contracts will be closely monitored as to when
contracts need to be renewed.
Discussion
The modules that will be supported through this contract are as follows:
City of Palo Alto Page 2
Accela Automation/Velocity Hall Modules
AA Classic/360:
Building Inspection
Planning Entitlements
Code Enforcement
Fire Permits
Public Works
Business License
Utilities
Accela Citizen Access
GovXML
Selectron IVR
Term 1: 10/1/13 – 9/30/2014, $119,054.78
Term 2: 10/1/14 – 9/30/2015, $125,007.52
Term 3: 10/1/15 – 9/30/2016, $131,257.89
Term 4: 10/1/16 – 9/30/2017, $137,820.79
Term 5: 10/1/17 – 9/30/2018, $144,711.83
Total: $657,852.81
Resource Impact
This contract will be funded in the Information Technology Fund, and no additional
resources are required in FY 2014. The Information Technology Fund is an internal
service fund, meaning all expenses incurred within the fund are supported by transfers
into the fund from other funding sources. In the case of the proposed maintenance
contract with Accela, Inc., the Information Technology Fund will be reimbursed for all
expenses by the Development Services Department. Expenses within Development
Services are mostly supported by user fees, therefore the cost of this extension should
have no or only minimal net impact on the General Fund.
Environmental Review
City of Palo Alto Page 3
These services do not constitute a project under the California Environmental Quality
Act (CEQA).
Attachments:
Accela Final - Signed (PDF)
Accela-C14152219 Final (PDF)
CITY OF PALO ALTO CONTRACT NO. C14152219
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND ACCELA, INC.
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 5th day of December, 2013, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and ACCELA, INC., a California Corporation, located at 2633 Camino Ramon, Suite 120, San
Ramon, CA 94583(PH)925-659-3200 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to continue receiving maintenance and support services for the ACCELA
Automation VelocityHall, now referred to as ACCELA AUTOMATION™/AND ACCELA
CITIZEN ACCESS™, GovXML, IVR, and AA Clasic Web-Based permitting applications,
(“Project) and desires to engage "CONSULTANT" to provide these maintenance services
(“Services”).
B. CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in
this Agreement, the parties agree:
AGREEMENT
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 October 1, 2013 through September 30, 2018 unless
terminated earlier pursuant to Section 19 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”, attached to and made a part
of this Agreement. 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
Professional Services
Rev. Nov. 1, 2011
1
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 described in Exhibit “A”, including both payment
for professional services and reimbursable expenses, shall not exceed Six Hundred Fifty Seven
Thousand Eight Hundred Fifty Two Dollars and Eighty One Cents ($657,852.81).
The applicable rates and schedule of payment are set out in Exhibit “C-”, entitled
“COMPENSATION,” which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit “A”.
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 an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. CONSULTANT shall
send all invoices to the City’s project manager at the address specified in Section 13 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses 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 subconsultants, if permitted,
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 of the 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.
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. 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 shall correct, at no cost to CITY, any and
Professional Services
Rev. Nov. 1, 2011
2
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
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 ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the 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. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
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 consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Tracey Reliford as the
project manager to have supervisory responsibility for the performance, progress, and execution
of the Services and the project to represent CONSULTANT during the day-to-day work on the
Project. If circumstances cause the substitution of the project director, project coordinator, or any
other key personnel for any reason, the appointment of a substitute project director 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
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 Project or a threat
to the safety of persons or property.
The City’s project manager is Sherrie Wong, Information Technology Department, Information
Technology Project Services Division, 250 Hamilton Avenue, Palo Alto, CA 9430, Telephone:650-
617-3152. The project manager will be CONSULTANT’s point of contact with respect to
performance, progress and execution of the Services. The CITY may designate an alternate project
manager from time to time.
Professional Services
Rev. Nov. 1, 2011
3
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials 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 work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an “Indemnified Party”) from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys 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 Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
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".
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
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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 Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25.
19.5. 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.
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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 director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting 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 subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. 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.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred
Purchasing policies which are available at the City’s Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the 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:
• All printed materials provided by Consultant to City generated from a personal
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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 the City’s Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of 30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the 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. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this 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 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. 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.
25.3. 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.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
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25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about
a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the security
of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing
purposes without City’s express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
25.11 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
Senior Asst. City Attorney
ACCELA, INC.
By:___________________________
Name:_________________________
Title:__________________________
Attachments:
EXHIBIT “A”: SCOPE OF WORK
EXHIBIT “A-1” HOSTED APPLICATIONS
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “D”: INSURANCE REQUIREMENTS
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EXHIBIT “A”
SCOPE OF SERVICES
HOSTING AND MAINTENANCE SERVICES
1 Background This Scope of Services defines the details of the Hosting and Maintenance
services (“MA”) Scope and is intended for the excusive benefit of the Parties; nothing herein will
be construed to create any benefits, rights, or responsibilities in any other parties.
2 Scope of Maintenance
2.1 Maintenance Services
2.1.1 Telephone Support Accela will provide CITY with a telephone number to contact
the Customer Resource Center (CRC), Accela’s live technical support facility,
which is available from 4:00 a.m. until 6:00 p.m. Pacific time Monday through
Friday, excluding Accela’s observed holidays, which include: New Year’s Day,
Martin Luther King Day, Presidents Day, Memorial Day, 4th of July, Labor Day,
Veterans Day, Thanksgiving Day and the Friday after, ½ day on Christmas Eve,
Christmas, and ½ day on New Year’s Eve. The CRC shall provide CITY with
maintenance and technical support.
2.1.2 E-Mail Support Accela will provide CITY with one or more electronic mail
addresses to which CITY may submit routine or non-critical support requests,
which Accela will address during its regular business hours.
2.1.3 Online Support Accela will provide CITY with access to archived software
updates and other technical information in Accela’s online support databases,
which are continuously available.
2.1.4 Remote Support When required to properly resolve a maintenance request,
Accela will provide remote assistance to CITY via the WebEx™ Meeting
Center™ environment or another mutually-acceptable remote communications
method.
2.1.5 On-Site Support If CITY does not wish for Accela to resolve its maintenance
requests remotely, Accela will provide on-site assistance to CITY at Accela’s
then-current time-and materials rates.
2.1.6 Software Updates Accela will provide revisions of and enhancements to
maintained software products to CITY as such updates are generally-released by
Accela. Software updates will be delivered or made available to CITY for
electronic download from Accela’s File Transfer Protocol (“FTP”) site.
2.2 Maintenance Limitations
2.2.1 Additional Maintenance Services (Optional) The following are not covered by
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this MA, but may be separately available at rates and on terms which may vary
from those described herein and may be added to this Agreement with a mutually
agreed upon amendment:
a) Services required due to misuse of the Accela-maintained software
products;
b) Services required due to software corrections, customizations, or
modifications not developed or authorized by Accela;
c) Services required by CITY to be performed by Accela outside of
Accela’s usual working hours as referenced in Section 2.1.1 above;
d) Services required due to external factors including, but not necessarily
limited to, CITY’s use of software or hardware not authorized by Accela;
e)Services which relate to tasks other than maintenance of CITY’s existing
implementation and configuration of the Accela-maintained software
products including, but not necessarily limited to, enhancing or adapting such
products for specific operating environments;
f)Services requested by CITY to implement software updates provided by
Accela pursuant to this MA;
g) New or additional applications, modules or functionality to support or
enhance the Accela-maintained software products;
h) Services required to resolve or work-around conditions which cannot be
reproduced in Accela’s support environment.
2.2.2 Legacy Releases Accela will provide maintenance support for the current
release of each of its maintained software applications and for the release
immediately preceding such current release. All other releases are deemed to
be “Legacy Releases”. Accela will respond to maintenance requests
concerning Legacy Releases only using currently-available information.
Services requiring additional research, engineering-level support, or coding or
programming by Accela will not be provided pursuant to this MA, but may be
separately available at rates and on terms which may vary from those
described herein.
2.3 Security Accela will provide physical security for the equipment utilized by the CITY for
the purposes of this Agreement and will provide network security.
2.4 Warranty Accela will commence and complete the maintenance obligations described in
this MA in a good and workmanlike manner, consistent with the practices and standards
of care generally-accepted within and expected of Accela’s industry, to ensure that the
operation of the maintained software products does not materially differ from
documented specifications. Accela may make repeated efforts within a reasonable time
period to resolve maintenance requests. When a maintenance request cannot be resolved,
City’s exclusive remedy will be damages in an amount equal to the total of maintenance
fees paid to Accela for the defective or non-conforming software products for the twelve
(12) calendar months immediately preceding City’s maintenance request.
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Accela provides no warranty whatsoever for any third-party hardware or software
products. Third-party applications which utilize or rely upon the Application Services
may be adversely affected by remedial or other actions performed pursuant to this
MA; Accela bears no liability for and has no obligation to remedy such effects.
Except as set forth herein, Accela provides all Maintenance Services “as is” without
express or implied warranty of any kind regarding the character, function, capabilities,
or appropriateness of such services or deliverables. To the extent not offset by its
insurance coverage and to the maximum extent permitted by applicable laws, in no
event will Accela’s cumulative liability for any general, incidental, special,
compensatory, or punitive damages whatsoever suffered by CITY or any other person
or entity exceed the fees paid to Accela by CITY during the twelve (12) calendar
months immediately preceding the circumstances which give rise to such claim(s) of
liability, even if Accela or its agents have been advised of the possibility of such
damages.
3. Hosting Services Accela will provide the following hosting services for the maintained software
products listed in Exhibit A-1 (“Hosted Applications”):
3.1 System Administration and Security The Hosted Applications will be hosted by Accela on
Accela owned equipment at a physically-secure commercial third-party hosting facility.
Accela will perform system administration duties as required to maintain the service
levels described below and to facilitate timely restoration of CITY’s data and operations,
if necessary, following unanticipated interruptions of the Hosted Applications. Accela
will implement suitable network security measures to minimize the likelihood of
unanticipated interruptions of the Hosted Applications.
3.2 Infrastructure Availability Accela will provide CITY with no less than twenty-four (24)
hours’ notice prior to Hosted Applications unavailability due to planned maintenance
and will provide five (5) business days’ notice prior to any planned network, server
hardware, operating environment, or database modifications of a material nature.
Excluding the foregoing planned events, Accela warrants that the Hosted Applications
will be generally-available no less than ninety-eight percent (98%) of each calendar
day. For each calendar day during which the availability of the Hosted Applications
does not achieve the established standard, Accela will credit two hundred dollars
($200.00) to CITY’s account as liquidated damages, provided that the substandard
availability is identified by CITY in writing or by e-mail to Accela and can be
objectively verified. Credits accumulated pursuant to this Section may be applied to
additional Accela products and/or services, but will not be refunded to CITY.
3.3 CITY Property CITY warrants that that it exclusively owns its data and that it has both
the right and the authority to provide such data to Accela. CITY retains full
ownership of its data and grants to Accela a limited, nonexclusive, nontransferable
license to use said data only to perform Accela’s obligations in accordance with the
terms and conditions of this Service Agree Agreement. Within thirty (30) calendar
days following termination or expiration of this Service Agreement, CITY may
request that Accela provide a complete copy of CITY’s data, as such may be updated
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or modified by CITY’s use of the Hosted Applications, to CITY in a machine-
readable format. Accela will comply in a timely manner with such request, provided
that CITY a) pays all costs of and associated with such copying, as calculated at
Accela’s then-current time-and-materials rates; and b) pays all unpaid amounts due to
Accela.
4. Other Terms and Conditions
4.1 CITY Obligations As required, CITY will provide Accela with appropriate access to
CITY’s facilities, data systems and other resources. If Security restrictions impair
such access, CITY acknowledges that some maintenance services hereunder may not
be provided to CITY. It is CITY’s sole responsibility to maintain current backup
copies of its data and of its implementation of Accela’s software products. If CITY’s
failure to create proper backups substantially increases the difficulties of any remedial
actions by Accela hereunder, Accela reserves the right to charge CITY for any extra
work reasonably attributable to such increased difficulty, as calculated at Accela’s
then-current time-and-materials rates.
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EXHIBIT “A-1”
HOSTED APPLICATIONS
(Modules City is currently licensed)
Accela Automation/Velocity Hall Modules
AA Classic:
Building Inspection
Planning Entitlements
Code Enforcement
Fire Permits
Public Works
Business License
Accela Citizen Access
GovXML
Selectron IVR
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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.
Maintenance and Support Services October 1, 2013-September 30, 2014
(As described in Exhibit “A”)
Maintenance and Support Services October 1, 2014- September 30, 2015
(As described in Exhibit “A”)
Maintenance and Support Services October 1, 2015- September 30, 2016
(As described in Exhibit “A”)
Maintenance and Support Services October 1, 2016- September 30, 2017
(As described in Exhibit “A”)
Maintenance and Support Services October 1, 2017- September 30, 2018
(As described in Exhibit “A”)
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$657,852.81. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $0. Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum amount of compensation set
forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $657,852.81 and the total
compensation for Additional Services does not exceed $0.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Year 1 $119,054.78
(Maintenance and Support)
Year 2 $125,007.52
(Maintenance and Support)
Year 3 $131,257.89
(Maintenance and Support)
Task 4 $137,820.79
(Maintenance and Support)
Task 5 $144,711.83
(Maintenance and Support)
Sub-total Basic Services $657,852.81
Reimbursable Expenses $0
Total Basic Services and Reimbursable expenses $657,852.81
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Additional Services (Not to Exceed) $0
Maximum Total Compensation $657,852.81
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM
BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT,
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT
ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING
AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
Professional Services
Rev Nov. 1, 2011
19
City of Palo Alto (ID # 4424)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: Contract for Professional Services for Total Compensation
Survey - Management & Professional
Title: Approval of Contract for Professional Services with Waters Consulting
Group, Inc., and Adoption of a Budget Amendment Ordinance In The Amount
Of $98,050 for a Total Compensation Market Study for the Management &
Professional Classifications
From: City Manager
Lead Department: Human Resources
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee to
execute a contract for professional services with Waters Consulting Group, Inc. in the amount
not to exceed $98,050 for the provision of a total compensation market study for the
Management & Professional classifications, to take place during January through May, 2014.
Staff also recommends adoption of a budget amendment ordinance to cover the cost of the
study.
Discussion
On June 16, 2012, the Management & Professional Compensation Plan was updated, effective
July 1, 2013, to implement a total compensation study that represented market data collected
during 2010 through 2012. At the June 16, 2013 Council session, Council directed that staff
conduct a follow up study to obtain current market data for the positions in that study. Staff
issued an RFP for a total compensation market survey for up to 128 classifications within the
Management & Professional group. The study also includes positions in the Utilities
Management and Professional Association, which is now a separate bargaining unit. Utility
manager positions have historically been included in management studies and were evaluated
in the prior study. Consistent with other recent compensation studies, the factors included in
“total compensation” are base salary and cash additives, active employee health benefits and
other insurances, and the value of the normal cost of retiree medical benefits.
City of Palo Alto Page 2
Staff received five proposals that met the requirements of the RFP, reviewed all proposals
submitted and recommends selecting Waters Consulting Group, Inc. Waters specializes in
municipal and county compensation work and has a rigorous methodology for collecting and
analyzing total compensation data. In addition, they offer a cloud-based software program that
houses the total compensation data collected. Waters also had the most comprehensive
references and a dedicated, experienced team to work on the project. The proposal reflects an
amount of up to $98,050 for the professional services.
Resource Impact
Funding has not been budgeted as part of the Fiscal Year 2014 Adopted Budget. Therefore,
staff requests that the City Council approve the attached Budget Amendment Ordinance, which
recommends increasing the People Strategy & Operations Department budget by $98,050 and
decreasing the General Fund Budget Stabilization Reserve by $98,050 to $30,173,950.
Policy Implications
Approval of the contract does not represent any change to the existing policy.
Environmental Review
Approval of this contract and adoption of a budget amendment ordinance are not projects
under the California Environmental Quality Act; therefore environmental review is not required.
Attachments:
Attachment A: BAO Management Compensation Plan Update (DOC)
Waters Consulting Contract (PDF)
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR FISCAL YEAR 2014 TO PROVIDE
AN ADDITIONAL APPROPRIATION OF $98,050 FROM THE
BUDGET STABILIZATION RESERVE FOR A TOTAL
COMPENSATION MARKET STUDY FOR THE MANAGEMENT &
PROFESSIONAL CLASSIFICATIONS.
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on
June 10, 2013 did adopt a budget for Fiscal Year 2014; and
B. On June 16th, 2012, staff updated the Management &
Professional Compensation Plan, effective July 1, 2013, to
implement a total compensation study with market data
collected from 2010 through 2012; and
C. On June 16th, 2013, Council directed staff to conduct a
follow up study to obtain current market data; and
D. Staff issued a Request for Proposal for a total
compensation market study for up to 128 classifications within
the Management & Professional group and the Utility Managers.
Staff received five proposals that met the requirements of the
RFP, reviewed all proposals submitted and selected Walters
Consulting Group, Inc. Walters specializes in municipal and
county compensation works and has a rigorous methodology for
collecting and analyzing compensation data; and
E. City Staff recommended use of the General Fund Budget
Stabilization Reserve in the amount of $98,050 due to the
immediate nature of this request; and
F. City Council authorization is needed to amend the
Fiscal Year 2014 Operating Budget as hereinafter set forth.
ATTACHMENT A
SECTION 2. The sum of Ninety-Eight Thousand, Fifty
($98,050) is hereby appropriated for the People Strategy and
Operations Department from the General Fund Stabilization
Reserve.
SECTION 3. The People Strategy & Operations Department
budget is hereby increased by Ninety-Eight Thousand, Fifty
($98,050) and the General Fund Budget Stabilization Reserve is
hereby decreased by Ninety-Eight Thousand, Fifty ($98,050) to
Thirty Million, One Hundred Seventy-Three Thousand, Nine
Hundred Fifty ($30,173,950).
SECTION 4. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 5. The Council of the City of Palo Alto hereby
finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental
impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
_________________________
City Clerk
__________________________
Mayor
APPROVED AS TO FORM:
_________________________
Senior Assistant City
Attorney
__________________________
City Manager
__________________________
Human Resources Director/Chief
People Officer
__________________________
Director of Administrative
Services
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
January 27, 2014
The Honorable City Council
Palo Alto, California
Appointment of 2014 Emergency Standby Council
Staff recommends that the City Council approve the selection of the 2014
Emergency Standby Council as follows:
-John Barton
-Bern Beecham
-Peter Drekmeier
-Sid Espinosa
-Yoriko Kishimoto
-Dena Mossar
-Lanie Wheeler
BACKGROUND
The Charter of the City of Palo Alto provides that "the Council may by Ordinance or
Resolution, provide for the preservation and continuation of government in the event
of disaster which renders unavailable a majority of the Council."
On August 7, 2006, the City Council adopted amendments to Section 2.12.090 of
the Palo Alto Municipal Code regarding the selection procedure for the City's
Emergency Standby Council. The adopted policy states that the Council shall
consider the following criteria for appointments to the Emergency Standby Council:
residency in the City of Palo Alto, availability, interest in serving and a lack of
conflicts of interest.
Seven members serve on the Emergency Standby Council. The members of the
Emergency Standby Council continue to serve until the Council appoints or
reappoints the members at the beginning of each year.
Department Head: Donna Grider, City Clerk
Page 2
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
January 27, 2014
The Honorable City Council
Palo Alto, California
SECOND READING: Ordinance to Amend Sections 18.04.030
(Definitions), 18.16.060 (CN Zone), 18.18.060 (CD Zone), 18.20.030
(ROLM(E) Zone) and Add Section 18.46 (Reasonable Accommodation)
of Title 18 (Zoning) of Palo Alto Municipal Code to Implement 2007-
2014 Housing Element Programs (First Reading: January 13, 2014
PASSED: 7-2 Klein, Schmid no)
This was heard by the City Council on January 13, 2014, no changes were made to the
Ordinance. This is a second reading.
ATTACHMENTS:
Ordinance (PDF)
Department Head: Donna Grider, City Clerk
Page 2
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Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Amending Sections
18.04.030 (Definitions), 18.16.060 (Development Standards for CN, CC,
and CS Districts), and 18.20.030 (Land Uses for MOR, ROLM, RP and GM
Districts) of Title 18 (Zoning), and adding Chapter 18.46 (Requests for
Reasonable Accommodation for Accessibility) to Title 18 (Zoning) of the
Palo Alto Municipal Code to Implement the adopted 2007-2014 Housing
Element
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and
declares as follows:
A. On June 17, 2013, the City Council adopted the 2007-2014 Housing
Element to provide a framework for housing opportunities in the City of Palo Alto. This
ordinance implements some of the policies and programs contained in the Housing
Element by updating the City’s Below Market Rate Housing Program to apply to projects
with three or more units, allow for increased density (from 15 units per acre to 20 units
per acre) on sites designated as Housing Inventory Sites (HIS) by the Housing Element
within the CN zone district, provide opportunities for emergency shelters for the
homeless with appropriate performance standards within the ROLM(E) zone district east
of Highway 101, provide opportunities for placement of transitional and supportive
housing as required by State law, and to provide a process for requests for reasonable
accommodation to remove constraints to the development of housing for individuals
with disabilities and provide reasonable access to housing.
B. The 2007-2014 Housing Element includes programs (Programs H2.2.5,
H3.1.1, H3.5.1 and H4.1.6) which require that these changes to the zoning code be
adopted. Staff anticipates that the changes to the density in the CN district and the
change in the Below Market Rate Housing Program to include any project with three or
more units will be an important tool to help the City accommodate its Regional Housing
Needs Allocation (RHNA) numbers. The changes to allow emergency shelters in certain
locations subject to performance standards and to allow opportunities for transitional
and supportive housing will bring the zoning code into compliance with the provisions of
Government Code Section 65583 and 65589.5 . The reasonable accommodations
program will remove constraints to providing necessary improvements to housing for
persons with disabilities.
C. The federal Fair Housing Amendments Act of 1988 and the California Fair
Employment Act require local governments to make reasonable accommodation in their
land use and zoning regulations and practices when such accommodation may be
necessary to provide individuals with disabilities an equal opportunity to housing. The
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Attorney General of the State of California has recommended that cities implement fair
housing reasonable accommodation procedures for making land use and zoning
determinations to further the development of housing for individuals with disabilities. A
fair housing reasonable accommodation procedure for individuals with disabilities to
seek relief in the application of zoning regulations will further Palo Alto’s compliance
with federal and state fair housing laws and provide greater opportunities for the
development of critically needed housing for individuals with disabilities.
SECTION 2. Section 18.040.030(a)(50) (Definition of Emergency Shelters) of Title
18 (Zoning) of the Palo Alto Municipal Code is hereby added to read as follows:
(50) "Emergency shelter" means a facility or use, which provides temporary housing
(six months or less) for homeless individuals or families and may involve supplemental
services. Supplemental services may include, but are not limited to, meal preparation, an
activities center, day care for homeless person's children, vocational rehabilitation and other
similar activities.
SECTION 3. Section 18.040(a)(135.5) (Definition of Supportive Housing) is added
to read as follows:
(135.5) "Supportive Housing" means housing with no limit on length of stay, that is
occupied by target populations, as defined by Section 53260(d) of the California Health and
Safety Code, and that is linked to on- or off-site services that assist the supportive housing
residents in retaining the housing, improving his or her health status, and maximizing his or
her ability to live and, when possible, work in the community. Supportive housing shall be
considered as a multiple-family use and only subject to those restrictions that apply to other
multiple-family uses of the same type in the same zone. Supportive housing programs may
use residential care homes wholly or as a part of their overall facilities.
SECTION 4. Section 18.040(a)(138) (Definition of Transitional Housing) is added
to read as follows:
(138) "Transitional Housing" means buildings configured as rental housing
developments, but operated under program requirements that call for termination of
assistance and recirculation of the assisted units to another eligible program recipient at
some predetermined future point in time, which shall be no less than six months. Support
services may include meals, counseling, and other services, as well as common areas for
residents of the facility. Transitional housing shall be considered a multiple-family use and
only subject to those restrictions that apply to other multiple-family uses of the same type in
the same zone. Transitional housing programs may use residential care homes wholly or as
part of their overall facilities.
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SECTION 5. Section 18.16.060 (Development Standards for CN, CC, and CS
Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read
as follows:
18.16.060 Development Standards
(a) Exclusively Non-Residential Uses
Table 3 specifies the development standards for exclusively non-residential uses and alterations
to non-residential uses or structures in the CN, CC, CC(2) and CS districts. These developments
shall be designed and constructed in compliance with the following requirements and 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 community environment, pursuant to Section 18.76.020.
TABLE 3
EXCLUSIVELY NON-RESIDENTIAL DEVELOPMENT STANDARDS
CN CC CC(2) CS
Subject to
regulations in
Section
Minimum Site Specifications
Site Area (ft2)
Site Width (ft)
Site Depth (ft)
None Required
Minimum Setbacks
Front Yard (ft) 0 – 10’ to
create an 8’
– 12’
effective
sidewalk
width
(1), (2), (8)
None
Required
(8)
0 – 10’ to
create an 8’
– 12’
effective
sidewalk
width
(1), (2), (8)
0 – 10’ to
create an 8’
– 12’
effective
sidewalk
width
(1), (2), (8)
Setback lines
imposed by a
special setback map
pursuant to Chapter
20.08 of this code
Rear Yard (ft) None required
Interior Side Yard (ft)
Street Side Yard (ft) 20’ (2) None required
Minimum Yard (ft) for lot
lines abutting or opposite
residential districts or
residential PC districts
10’ (2) 10’ (2) 10’ (2) 10’ (2)
Build-To-Lines 50% of frontage built to setback (7)
33% of side street built to setback (7)
Minimum setbacks from alleys
for structures other than public
parking garages (ft) (3)
Corner lots, from rear lot line
on the alley
Not applicable
8’
Not
applicable Corner lots, from side lot line
on the alley None
All lots other than corner lots 20’
Maximum Site 50% None Required
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CN CC CC(2) CS
Subject to
regulations in
Section
Coverage
Maximum Height (ft)
Standard
25’ and 2
stories
50’ 37’ (4) 50’
Within 150 ft. of a residential
district (other than an RM-40
or PC zone) abutting or
located within 50 feet of the
site
35’ 35’ 35’
Maximum Floor Area Ratio
(FAR) 0.4:1 2.0:1 0.4:1 18.18.060(e)
Maximum Floor Area Ratio
(FAR) for Hotels N/A - (5) 2.0:1 2.0:1 18.18.060(d)
Daylight Plane for lot lines
abutting one or more
residential zone districts other
than an RM-40 or PC zone
Initial Height at side or rear
lot line (ft) - (6) - (6) - (6) - (6)
Slope - (6) - (6) - (6) - (6)
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the
street property line of any required yard.
(2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen
excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be
constructed along any common interior lot line.
(3) No setback from an alley is required for a public parking garage.
(4) As measured to the peak of the roof or the top of a parapet; penthouses and equipment enclosures may
exceed this height limit by a maximum of five feet, but shall be limited to an area equal to no more than ten
percent of the site area and shall not intrude into the daylight plane.
(5) See additional regulations in subsection (e) of this Section 18.16.050.
(6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site
line in question.
(7) Twenty-five-foot driveway access permitted regardless of frontage; build-to requirement does not apply to
CC district.
(8) A 12-foot sidewalk width is required along El Camino Real frontage.
(b) Mixed Uses
Table 4 specifies the development standards for new residential mixed use developments.
These developments shall be designed and constructed in compliance with the following
requirements and 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 community environment, pursuant to Section
18.76.020.
TABLE 4
MIXED USE DEVELOPMENT STANDARDS
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CN CC C C(2) CS Subject to
regulations in:
Minimum Site Specifications
Site Area (ft2)
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 apply
Front Yard (ft) 0’ – 10’ to
create an 8’
– 12’
effective
sidewalk
width (8)
None
Required (8)
0’ – 10’ to
create an 8’
– 12’
effective
sidewalk
width (8)
0’ – 10’ to
create an 8’
– 12’
effective
sidewalk
width (8)
Rear Yard (ft) 10’ for residential portion; no requirement for commercial
portion
Rear Yard abutting
residential zone district (ft) 10’
Interior Side Yard if abutting
residential zone district (ft) 10’
Street Side Yard (ft) 5’
Build-To-Lines 50% of frontage built to setback(1)
33% of side street built to setback(1)
Permitted Setback
Encroachments
Balconies, awnings, porches, stairways, and similar
elements may extend up to 6’ into the setback. Cornices,
eaves, fireplaces, and similar architectural features
(excluding flat or continuous walls or enclosures of interior
space) may extend up to 4’ into the front and rear setbacks
and up to 3’ into interior side setbacks
Maximum Site Coverage 50% 50% 100% 50%
Landscape/Open Space
Coverage 35% 30% 20% 30%
Usable Open Space 200 sq ft per unit for 5 or fewer units (2), 150 sq ft per unit
for 6 units or more (2)
Maximum Height (ft)
Standard 35’ (4) 50’ 37’ 50’
Within 150 ft. of a residential
zone district (other than an
RM-40 or PC zone) abutting
or located within 50 feet of
the site
35’ 35’ (5) 35’ (5) 35’ (5)
Daylight Plan for lot lines
abutting 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
Residential Density (net)(3) 15 or 20(9) See sub-
section (e)
below
30 30
Maximum Residential Floor
Area Ratio (FAR) 0.5:1 (4) 0.6:1 0.6:1
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CN CC C C(2) CS Subject to
regulations in:
Maximum Nonresidential Floor
Area Ratio (FAR) 0.4:1 2.0:1 0.4:1
Total Mixed Use Floor Area
Ratio (FAR) 0.9:1 (4) 2.0:1 1.0:1
Minimum Mixed Use Ground
Floor Commercial FAR (6) 0.15:1 0.15:1
0.25:1 (7) 0.15:1
Parking See Chapters 18.52 and 18.54 (Parking) 18.52, 18.54
(1) Twenty-five-foot driveway access permitted regardless of frontage; build-to requirement does not apply to CC district.
(2) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be
located on the ground (but rooftop gardens are not included as open space); (3) minimum private open space dimension
six feet; and (4) minimum common open space dimension twelve feet.
(3) Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to
commercial use.
(4) For CN sites on El Camino Real, height may increase to a maximum of 40 feet and the FAR may increase to a maximum of
1.0:1 (0.5:1 for nonresidential, 0.5:1 for residential).
(5) For sites abutting an RM-40 zoned residential district or a residential Planned Community (PC) district, maximum height
may be increased to 50 feet.
(6) Ground floor commercial uses generally include retail, personal services, hotels and eating and drinking establishments.
Office uses may be included only to the extent they are permitted in ground floor regulations.
(7) If located in the California Avenue Parking Assessment District.
(8) A 12-foot sidewalk width is required along El Camino Real frontage.
(9) Residential densities up to 20 units/acre only on Housing Inventory Sites identified in the 2007-2014 Housing Element.
(1) Residential and nonresidential mixed use projects shall be subject to site and
design review in accord with Chapter 18.30(G), except that mixed use projects with four or
fewer residential units shall only require review and approval by the architectural review board.
(2) Nonresidential uses that involve the use or storage of hazardous materials in
excess of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not
limited to dry cleaning plants and auto repair, are prohibited in a mixed use development with
residential uses.
(3) Residential mixed use development is prohibited on any site designated with
an Automobile Dealership (AD) Combining District overlay.
(c) Exclusively Residential Uses
Exclusively residential uses are generally prohibited in the CN, CS, CC, and CC(2) zone
districts. Such uses are allowed, however, where a site is designated as a Housing Opportunity
Site in the Housing Element of the Comprehensive Plan. Such sites shall be developed pursuant
to the regulations for the multi-family zone designation (RM-15, RM-30, or RM-40) identified
for the site in the Housing Element.
SECTION 6. Section 18.18.060 (Development Standards for CD District) of Title
18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows:
18.18.060 Development Standards
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(c) Exclusively Residential Uses
Exclusively residential uses are generally prohibited in the CD zone districts. Such uses
are allowed, however, where a site is designated as a Housing Opportunity Site in the Housing
Element of the Comprehensive Plan. Such sites shall be developed pursuant to the regulations
for the multi-family zone designation (RM-15, RM-30, or RM-40) identified for the site in the
Housing Element.
SECTION 7. Section 18.20.030 (Land Uses for MOR, ROLM, RP and GM Districts)
of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as
follows:
18.20.030 Land Uses
(a) Permitted and Conditionally Permitted Land Uses
Table 1 lists the land uses permitted or conditionally permitted in the industrial and
manufacturing districts.
TABLE 1
INDUSTRIAL/MANUFACTURING DISTRICT LAND USES
[P = Permitted Use ▪ CUP = Conditional Use Permit Required]
MOR ROLM
ROLM(E)
RP
RP(5) GM
Subject to
regulations in
Chapter:
ACCESSORY AND SUPPORT USES
Accessory facilities and activities
customarily associated with or
essential to permitted uses, and
operated incidental to the principal
use.
P P P P Chs. 1840, 18.42
Automatic Teller Machines P P P P 18.20.030(d)
Home Occupations, when accessory to
permitted residential uses. P P P P Chs. 18.40, 18.42
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Business and Trade Schools P
Religious Institutions P P P
Colleges and Universities P P P
Private Clubs, Lodges, or Fraternal
Organizations CUP CUP CUP CUP
Private Schools (K-12) CUP CUP CUP CUP
HEALTH CARE SERVICES
Ambulance Services CUP
Convalescent Facilities CUP CUP
Medical Office P CUP CUP
Medical Research P P P 18.20.030(c)
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[P = Permitted Use ▪ CUP = Conditional Use Permit Required]
MOR ROLM
ROLM(E)
RP
RP(5) GM
Subject to
regulations in
Chapter:
Medical Support Retail P 18.20.030(b)
Medical Support Services P 18.20.030(b)
MANUFACTURING AND PROCESSING USES
Manufacturing P P P
Recycling Centers CUP CUP CUP
Research and Development CUP P P P
Warehousing and Distribution P P P
OFFICE USES
Administrative Office Services P P CUP
Financial Services CUP CUP
Professional and General Business
Office P P
PUBLIC/QUASI-PUBLIC USES
Service and Equipment Yards P
Utility Facilities CUP
Utility Facilities essential to provision
of utility services but excluding
construction/storage yards,
maintenance facilities, or corporation
yards
CUP CUP CUP
RECREATION USES
Commercial Recreation CUP CUP CUP
Neighborhood Recreational Centers CUP
RESIDENTIAL USES
Single-Family Not permitted 18.20.040(b) Two-Family Not permitted
Multiple-Family CUP CUP CUP
Residential Care Homes P P P CUP
RETAIL USES
Eating and Drinking Services, excluding
drive-in and take-out services CUP CUP CUP
Retail Services CUP CUP CUP
SERVICE USES
Animal Care, excluding boarding and
kennels P
Boarding and Kennels CUP
Day Care Centers P P P CUP
Emergency Shelters for the Homeless P (ROLM(E) 18.20.030(d)
Family Day Care Homes
Small Family Day Care P P P P
Large Family Day Care P P P P
General Business Services P
Lodging
Hotels providing not more than
10% of rooms with kitchens CUP
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[P = Permitted Use ▪ CUP = Conditional Use Permit Required]
MOR ROLM
ROLM(E)
RP
RP(5) GM
Subject to
regulations in
Chapter:
Mortuaries and Funeral Homes P
Personal Services CUP CUP CUP
Vehicle Services
Automobile Service Stations,
subject to site and design review in
accord with the provisions of
Chapter 18.30(G)
CUP CUP
Automotive Services CUP
Off-site new vehicle storage for
auto dealerships located in Palo
Alto
CUP CUP
TEMPORARY USES
Temporary Parking Facilities, provided
that such facilities shall remain no
more than five years
CUP CUP CUP CUP
TRANSPORTATION USES
Passenger Transportation Terminals CUP
(b) Limitations on Medical Support Service and Medical Support Retail Uses in the
Medical Office and Medical Research (MOR) Zone
(1) The intent of this limitation is to restrict medical support service and medical
support retail uses in the Medical Office and Medical Research (MOR) zone in order to preserve
and facilitate space for medical offices and medical research facilities.
(2) Floor area devoted to medical support services and medical support retail
uses in the Medical Office and Medical Research (MOR) zoning district shall not exceed twenty
percent (20%) of the total gross floor area within the district.
(3) The director may require a report from the property owner or applicant
whenever application is made to the city to develop new space for medical support service or
medical support retail uses or to convert existing space to such uses. The report shall identify
the gross floor area of buildings on each site within the zoning district and the gross floor area
of medical support service and medical support retail uses for each site. The director may, from
time to time, establish procedures and standards implementing this Section 18.20.030(b).
(c) Automatic Teller Machines
(1) Automatic teller machines may be allowed as an accessory use in the MOR,
ROLM, ROLM(E), RP, RP(5), and GM districts when incidental to a primary use on the site and
when accessible only from the interior of a building.
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(2) Automatic teller machines may be allowed as a permitted use in the MOR,
ROLM, ROLM(E), RP, RP(5), and GM districts when incidental to a primary use on the site and
when accessible from the exterior of a building. Staff level Architectural Review is required prior
to issuance of a building permit.
(d) Emergency Shelters for the Homeless
Emergency shelters for the homeless may be allowed as a permitted use in the
ROLM(E) district on properties located east of Highway 101, subject to the following
performance and design standards.
Performance and Design Standards for Emergency Shelters for the Homeless
An emergency shelter for the homeless shall conform to all site development
standards and performance criteria of the ROLM(E) zone district except as modified by the
following performance and design standards:
(1) The construction of and/or renovation of a building for use as an
emergency shelter shall conform to all applicable building and fire code standards.
(2) There shall be provided one parking space for each three (3) beds in the
emergency shelter.
(3) Shelters shall have designated smoking areas that are not visible from the
street and which are in compliance with all other laws and regulations.
(4) There shall be no space for outdoor congregating in front of the building
adjacent to the street and no outdoor public telephones.
(5) There shall be a refuse area screened from view.
(6) Maximum Number of Persons/Beds. The emergency shelter for the
homeless shall contain no more than 40 beds.
(7) Size and location of exterior and interior on-site waiting and client intake
areas. Shelters shall provide 10 square feet of interior waiting and client intake space per
bed. In addition, there shall be two office areas provided for shelter staff. Waiting and intake
areas may be used for other purposes as needed during operations of the shelter.
(8) On-site management. On-site management and on-site security shall be
provided during hours when the emergency shelter is in operation.
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(9) The emergency shelter provider shall submit an operations plan that
addresses the standards for operation contained in the Palo Alto Quality Assurance Standards
for Emergency Shelters for the Homeless.
(10) Distance to other facilities. The shelter must be more than 300 feet from
any other shelters for the homeless.
(11) Length of stay. Temporary shelter shall be available to residents for no
more than 60 days. Extensions up to a total stay of 180 days may be provided if no
alternative housing is available.
(12) Outdoor lighting shall be sufficient to provide illumination and clear
visibility to all outdoor areas, with minimal shadows or light leaving the property. The
lighting shall be stationary, and directed away from adjacent properties and public rights-of-
way.
SECTION 8. Chapter 18.46 (Requests for Reasonable Accommodation for
Accessibility) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby added to
read as follows:
Chapter 18.46 REQUESTS FOR REASONABLE ACCOMMODATION FOR ACCESSIBILITY
Sections:
18.46.010 Purpose
18.46.020 Applicability
18.46.030 Application Requirements
18.46.040 Review Procedure
18.46.050 Required Criteria for Reasonable Accommodations
18.46.060 Decisions
18.46.070 Appeal
18.46.080 Effect of Chapter
18.46.010 Purpose
The purpose of this chapter is to provide a formal procedure to request reasonable
accommodation for persons with disabilities seeking equal access to housing under the
Federal Fair Housing Act and the California Fair Employment Act (the Acts) in the application
of zoning laws and other land use regulations, policies and procedures, and to establish
relevant criteria to be used when considering such requests.
18.46.020 Applicability
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In order to make specific housing available to an individual with a disability, any
person may request a modification or exception to the rules, standards and practices for the
siting, development and use of housing or housing-related facilities that would eliminate
regulatory barriers and provide a person with a disability equal opportunity to housing of
their choice. Typical improvements which may be considered for reasonable accommodation
provisions include ramps, walls, handrails, elevators or lifts, or other similar physical
improvements necessary to accommodate a person's disability. The reasonable
accommodation would allow exceptions to setback, lot coverage and floor area provisions of
the zoning code that are deemed necessary to accommodate these improvements.
A person with a disability is a person who has a physical or mental impairment that
limits or substantially limits one or more major life activities, anyone who is regarded as
having such impairment, or anyone who has a record of such impairment. This Chapter
applies only to those persons who are defined as disabled under the Acts.
18.46.030 Application Requirements
(a) Requests for reasonable accommodation shall be initiated by submitting a
completed application form to the Director of Planning and Community Environment, signed
by the property owner, together with the appropriate fee, as established by resolution
adopted by the city council, and shall be filed in the office of the planning division of the
Department of Planning and Community Environment. The following information shall be
included with the application:
(1) The applicant's name, address and telephone number;
(2) Address of the property for which the request is being made;
(3) The current use of the property;
(4) The basis for the claim that the individual is considered disabled under the
Acts, including supporting medical documentation from a qualified medical expert in support
of the request for accommodation;
(5) The zoning code provision or other city regulation or policy from which the
reasonable accommodation is being requested; and
(6) An explanation of why the reasonable accommodation is necessary to
make the specific property accessible to the individual.
(b) Any information identified by an applicant as confidential shall be retained in a
manner so as to respect the privacy rights of the applicant and shall not be made available for
public inspection.
(c) A request for reasonable accommodation in regulations, policies, practices and
procedures may be filed at any time that the accommodation may be necessary to ensure
equal access to housing. A reasonable accommodation does not affect an individual’s
obligations to comply with other applicable regulations not at issue in the requested
accommodation.
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(d) If an individual needs assistance in making the request for reasonable
accommodation, the Planning and Community Environment Department will provide
assistance to ensure that the process is accessible.
(e) Review with other planning applications. If the project for which the request
for reasonable accommodation is being made also requires some other discretionary approval
under this Title (including but not limited to architectural review, conditional use permit, or
variance), the application shall be submitted and reviewed at the same time as the related
applications.
18.46.040 Review Procedure
Notwithstanding any other provisions of this chapter, the Director of Planning and
Community Environment shall have the authority to consider and take action on requests for
reasonable accommodation. The application shall be reviewed ministerially without
discretionary review or public hearing. If the application is granted because the requirements
and criteria are met, the applicant may proceed with a building permit. If the application is
submitted concurrent with an application requiring discretionary review, the procedures for
the discretionary review shall be followed.
18.46.050 Required Criteria for Reasonable Accommodations
Any decision on an application under this chapter shall be supported by a written
statement addressing the criteria set forth in this section. In making a determination
regarding the reasonableness of a requested accommodation, the determination shall be
consistent with fair housing laws and based on the following criteria:
(a) Whether the housing that is subject to the request for reasonable
accommodation will be used for an individual with a disability under the Acts.
(b) Whether the request for reasonable accommodation is necessary to make
specific housing available to an individual with a disability under the Acts.
(c) Whether the requested reasonable accommodation would impose an undue
financial or administrative burden on the community.
(d) Whether the requested accommodation would require a fundamental
alteration to the City's zoning requirements, development standards, policies or procedures.
(e) Whether the requested reasonable accommodation would adversely impact
surrounding properties or uses.
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(e) Whether there are reasonable alternatives that would provide an equivalent
level of benefit without requiring a modification or exception to the City's applicable rules,
standards and practices.
18.46.060 Decisions
The Director of Planning and Community Environment shall issue a written
determination of the action and may grant or deny the accommodation request based on the
criteria outlined in this chapter. The written decision on the request for reasonable
accommodation shall explain in detail the basis of the decision including compliance with the
criteria set forth in Section 18.46.050 of this Chapter. The written decision of the Director
shall be final unless an applicant submits an appeal following the appeal procedure
established in Section 18.46.070.
18.46.070 Appeals
(a) The applicant requesting the reasonable accommodation may appeal the
Director of Planning and Community Environment adverse decision. The appeal shall be in
writing and shall be submitted to the Planning and Community Environment Department
within ten (10) calendar days of the Director of Planning and Community Environment’s
decision.
(b) If an individual needs assistance in filing an appeal on an adverse decision, the
Department will provide assistance to ensure that the appeals procedure is accessible.
(c) All appeals shall contain a statement of the grounds for the appeal. Any
information identified by an applicant as confidential shall be retained in a manner so as to
respect the privacy rights of the applicant and shall not be made available for public
inspection.
(d) The appeal shall be heard by the Planning and Transportation Commission in a
public hearing pursuant to the procedures established for discretionary actions in Chapter
18.77.
(e) Notice of the hearing shall be given by publication but need not be sent to
nearby property owners.
18.46.080 Effect of Chapter
This chapter shall be interpreted and applied in accordance with the Acts; nothing in
this chapter shall be deemed to create greater rights than exist under the Acts.
SECTION 9. CEQA. The proposed Ordinance updating the zoning ordinance to
implement the 2007-2014 Housing Element were considered as a part of the
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implementation program contained in the Housing Element. The potential
environmental impacts of implementation of the Housing Element were reviewed as a
part of the Negative Declaration prepared for the Housing Element. This document
determined that no adverse environmental impacts would result from implementation
of the policies and programs outlined in the 2007-2014 Housing Element, and the
Negative Declaration and Housing Element were approved by the City Council on June
Resolution by Resolution No. 9349. The proposed changes to the zoning ordinance
would modify existing programs and add procedures which provide below market rate
housing opportunities, suitable sites for emergency shelters to comply with Government
Code Section 65583, and establish procedures to make accommodations for persons
with disabilities. Further, each individual project will be subject to its own
environmental review.
SECTION 10. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given
effect without the invalid provision or application and, to this end, the provisions of this
Ordinance are hereby declared to be severable.
/ /
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SECTION 11. This ordinance shall be effective on the thirty-first date after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Assistant City Attorney City Manager
____________________________
Director of Planning &
Community Environment
City of Palo Alto (ID # 4428)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: Second Reading Density Bonus Ordinance
Title: SECOND READING: Adoption of an Ordinance for a New Chapter 18.14
(Residential Density Bonus) to Include in Title 18 of the Palo Alto Municipal
Code to Implement Government Code Section 65915 (First Reading: January
13, 2014 PASSED: 8-1 Klein no)
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Adopt the Residential Density Bonus Ordinance (Attachment A) on second reading.
Background
On January 13, 2014, the City Council approved with revisions, the Residential Density Bonus
Ordinance, as Chapter 18.15 in Title 18 of the Palo Alto Municipal Code. The adoption of the
ordinance was to comply with Government Code Section 65915. A version of the revised
ordinance is provided as Attachment A.
Discussion
The Council action on January 13, 2014 approved the ordinance with the following revisions:
1. Section 18.15.050(c)(ii) - Decreased the allowable rear yard setback reduction from 50%
to 25%.
2. Section 18.15.050(c)(iv) - Reduced the allowable increase in Floor Area Ratio (FAR) from
50% to 25%.
City of Palo Alto Page 2
3. Section 18.15.050(f) – This section was deleted.
4. There were other minor revisions to correct inconsistencies in the ordinance and to
reference current state law.
The revisions have been incorporated into the revised Density Bonus Ordinance (Attachment
A). For reference, the draft Ordinance presented at the January 13, 2014 meeting has been
included as Attachment B.
Staff requests that the Council adopt the Density Bonus Ordinance, as revised, on second
reading.
Attachments:
Attachment A: Proposed Ordinance (PDF)
Attachment B: January 13, 2014 - Proposed Ordinance (DOCX)
Attachment C: January 13, 2014 - City Council Motions (DOC)
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Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Adopting New Chapter
18.15 (Residential Density Bonus) of Title 18 (Zoning) of the Palo Alto
Municipal Code to Implement Government Code Section 65915
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and
declares as follows:
A. The State Density Bonus Law (Section 65915 of the Government Code)
was first adopted in 1979. The law allows developers who offer affordable units in their
developments a density bonus above what the zoning ordinance would typically allow.
Originally, developers received a density bonus of 25% if they met the density bonus
requirements.
B. In 2004, the State Legislature passed SB 1818, which significantly
amended Section 65915 of the Government Code. The significant changes to the law,
effective on January 1, 2005, included:
A higher maximum market-rate unit density bonus of 35% for a lower
percentage of affordable units provided;
A sliding scale of market-rate density bonus percentages from 20%-35%
depending on the percentage of affordable units provided;
Provision for up to three (3) development concessions or incentives,
depending on the percentage of affordable units provided;
Granting the developer a density bonus if they donate land for very low
income housing; and
Required jurisdictions to implement Density Bonus law through
local codes.
C. In the past, the City has applied the Density Bonus law on an ad hoc basis
to both market rate and affordable developments. Palo Alto Family Apartments,
located at 801 Alma Street and developed by Eden Housing, is a 50 unit affordable
rental development. Eden requested concessions to encroach into the required
setbacks, exceed the maximum floor area ratio (FAR) and to not provide private useable
open space. The development at 195 Page Mill Road also requested concessions to
allow residential uses in the General Manufacturing (GM) zoning district and to exceed
the maximum FAR in return for providing 17 affordable housing units (20% of the total
units).
D. The 2007-2014 Housing Element Update includes a program (Program
3.1.10) requiring that a density bonus ordinance be adopted that is consistent with
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Government Code 65915. Staff anticipates that density bonus will be an important tool
to help the City accommodate its Regional Housing Needs Allocation (RHNA) numbers.
SECTION 2. Chapter 18.15 (Residential Density Bonus) of Title 18 (Zoning) of the
Palo Alto Municipal Code is hereby added to read as follows:
Chapter 18.15
Residential Density Bonus
Sections:
18.15.010 Purpose
18.15.020 Definitions
18.15.030 Density Bonuses
18.15.040 Development Standards for Affordable Units
18.15.050 Development Concessions and Incentives
18.15.060 Waiver/Modification of Development Standards
18.15.070 Child Care Facilities
18.15.080 Application Requirements
18.15.090 Review Procedures
18.15.100 Regulatory Agreement
18.15.010 Purpose
The purpose of this chapter is to:
(a) Comply with the state density bonus law under California Government Code
section 65915.
(b) Establish procedures for implementing state density bonus requirements as set
forth in California Government Code Section 65915, as amended.
(c) Facilitate the development of affordable housing consistent with the goals,
objectives, and policies of the City’s Comprehensive Plan Housing Element.
18.15.020 Definitions
Whenever the following terms are used in this Chapter, they shall have the meaning
established by this section:
(a) "Affordable Rent" means monthly rent, including a reasonable allowance for
utilities and all fees for housing services, for rental Restricted Affordable Units reserved for
Very Low or Lower Income Households, that does not exceed the following:
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(i) Very Low Income: 50 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(ii) Lower Income: 60 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(b) "Affordable Sales Price" means the maximum sales price at which Very Low,
Lower and Moderate Income Households can qualify for the purchase of Restricted Affordable
Units as set forth in the City of Palo Alto’s Below Market Rate Housing Program. The sales price
shall be considered affordable only if it is based on a reasonable down payment, and monthly
housing payments (including interest, principal, mortgage insurance, property taxes and
assessments, fire and casualty insurance, homeowners association fees, property maintenance
and repairs, and a reasonable allowance for utilities), all as determined by the City, that are
equal to or less than:
(i) Very Low Income: 50 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(ii) Lower Income: 80 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(iii) Moderate Income: 120 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(c) "Applicant" means any person, firm, partnership, association, joint venture,
corporation, or any entity or combination of entities who seeks Development permits or
approvals from the City of Palo Alto.
(d) "Approval Authority" means the person or body that is authorized to approve a
Development as specified in the City of Palo Alto Municipal Code. Approval Authority shall also
include recommending bodies such as the Architectural Review Board and the Planning and
Transportation Commission.
(e) "Below Market Rate Housing Program" means Chapter 18.14 of the Palo Alto
Municipal Code and the Administrative Guidelines for the Below Market Rate Program.
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(f) "Child Care Facility" means a child day care facility other than a family day care
home, including, but not limited to, infant centers, preschools, extended day care facilities, and
school age child care centers.
(g) "Concession or Incentive" as used interchangeably means such regulatory
concessions as specified in Government Code Section 65915(k) to include:
(i) A reduction of site Development Standards or architectural design
requirements which exceed the minimum applicable building standards
approved by the State Building Standards Commission pursuant to Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety
Code, including, but not limited to, a reduction in setback, coverage, and/or
parking requirements which result in identifiable, financially sufficient and
actual cost reductions;
(ii) Allowing mixed use development in conjunction with the proposed
residential development, if nonresidential land uses will reduce the cost of
the residential project and the nonresidential land uses are compatible
with the residential project and existing or planned development in the
area where the Development will be located; and
(iii) Other regulatory Concessions proposed by the applicant or the City which
result in identifiable financially sufficient, and actual cost reductions.
(h) "Density Bonus" means a density increase over the Maximum Residential
Density granted pursuant to Government Code Section 65915 and this Ordinance.
(i) "Density Bonus Units" means those dwelling units granted pursuant to the
provisions of this Chapter which exceed the otherwise Maximum Residential Density for the
development site.
(j) "Development" means all developments pursuant to a proposal to construct or
place five (5) or more additional dwelling units on a lot or contiguous lots including, without
limitation, a planned unit development, site plan, subdivision, or conversion of a non-
residential building to dwelling units.
(k) "Development Standard" means a site or construction condition such as a
height limitation, a setback, or a floor-area ratio, that applies to a Development pursuant to any
ordinance, general plan element, specific plan, charter, or other City condition, law, policy,
resolution, or regulation. A “site and construction condition” is a development regulation or
law that specifies the physical development of a site and buildings on the site in a
Development.
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(l) "Discretionary Permit" means any permit issued for the Development which
requires the exercise of judgment or deliberation from the Approval Authority, including but
not limited to conditional use permits, variances, site plans, design review, planned
development permits, general and specific plan approvals and amendments, zoning
amendments, and tentative and parcel maps.
(m) "Lower, Very Low, or Moderate Income” means annual income of a household
that does not exceed the maximum income limits for the income category, as adjusted for
household size, applicable to Santa Clara County, as published and periodically updated by the
State Department of Housing and Community Development pursuant to Sections 50079.5,
50105, or 50093 of the California Health and Safety Code.
(n) "Maximum Residential Density" means the maximum number of dwelling units
permitted in the Development by the City’s Comprehensive Plan Land Use Element and Zoning
Ordinance at the time of application, excluding the provisions of this Chapter. If the maximum
density allowed by the Zoning Ordinance is inconsistent with the density allowed by the Land
Use Element of the City’s Comprehensive Plan, the Land Use Element density shall prevail.
(o) "Non-Restricted Unit" means all dwelling units within a Development excluding
the Restricted Affordable Units.
(p) “Qualifying Mobilehome Park” means a mobilehome park that limits residency
based on age requirements for housing older persons pursuant to Section 798.76 and 799.5 of
the Civil Code.
(q) "Qualifying Resident" means senior citizens or other persons eligible to reside in
a Senior Citizen Housing Development or Qualifying Mobilehome Park.
(r) "Regulatory Agreement" means a recorded and legally binding agreement
between an applicant and the City to ensure that the requirements of this Chapter are satisfied.
The Regulatory Agreement, among other things, shall establish: the number of Restricted
Affordable Units, their size, location, terms and conditions of affordability, and production
schedule.
(s) "Restricted Affordable Unit" means a dwelling unit within a Development which
will be available at an Affordable Rent or Affordable Sales Price for sale or rent to Very Low,
Lower or Moderate Income households.
(t) "Senior Citizen Housing Development" means a Development consistent with
the California Fair Employment and Housing Act (Government Code Section 12900 et. seq.,
including 12955.9 in particular), which has been "designed to meet the physical and social
needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that
phrase is used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and
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implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California
Civil Code Section 51.2 and 51.3.
18.15.030 Density Bonuses
This Section describes the Density Bonuses that will be provided, at the request of an
applicant, when that applicant provides Restricted Affordable Units as described below.
(a) The City shall grant a 20 percent (20%) Density Bonus when an applicant
for a Development of five (5) or more dwelling units seeks and agrees to construct at least any
one of the following in accordance with the requirements of this Section and Government Code
Section 65915:
(i) At least 10 percent (10%) of the total dwelling units of the Development as
Restricted Affordable Units affordable to Lower Income Households. For
each one percent (1%) increase in the percentage of restricted Lower
Income units, a Development will receive an additional one and one-half
percent (1.5%) density bonus up to thirty-five percent (35%) of the
Maximum Residential Density; or
(ii) At least five percent (5%) of the total dwelling units of the Development as
Restricted Affordable Units affordable to Very Low Income Households.
For each one percent (1%) increase in the percentage of restricted Very
Low Income units, a Development will receive an additional two and one-
half percent (2.5%) density bonus up to thirty-five percent (35%) of the
Maximum Residential Density; or
(iii) A Senior Citizen Housing Development; or
(iv) A Qualifying Mobilehome Park.
(b) The City shall grant a five percent (5%) Density Bonus when an applicant for a
Development of five (5) or more additional dwelling units seeks and agrees to construct, in
accordance with the requirements of this Section and Government Code Section 65915, at least
10 percent (10%) of the total dwelling units in a common interest development as defined in
California Civil Code Section 4100351 for Moderate Income Households, provided that all
dwelling units in the Development are offered to the public for purchase. For each one percent
(1%) increase in the percentage of restricted Moderate Income units, a Development will
receive an additional one percent (1%) density bonus up to thirty-five percent (35%) of the
Maximum Residential Density.
(c) No additional Density Bonus shall be authorized for a Senior Citizen
Development or Qualifying Mobilehome Park beyond the Density Bonus authorized by
subsection (a) of this Section.
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(d) When calculating the number of permitted Density Bonus Units, any fractions of
units shall be rounded to the next highest number. An applicant may elect to receive a Density
Bonus that is less than the amount permitted by this Section; however, the City shall not be
required to similarly reduce the number of Restricted Affordable Units required to be dedicated
pursuant to this Section and Government Code Section 65915(b).
(e) Each Development is entitled to only one Density Bonus, which shall be selected
by the applicant based on the percentage of Very Low Restricted Affordable Units, Lower
Income Restricted Affordable Units, or Moderate Income Restricted Affordable Units, or the
Development’s status as a Senior Citizen Housing Development or Qualifying Mobilehome Park.
Density bonuses from more than one category may not be combined. In no case shall a
Development be entitled to a Density Bonus of more than thirty-five percent (35%).
(f) The Density Bonus Units shall not be included when determining the number of
Restricted Affordable Units required to qualify for a Density Bonus. When calculating the
required number of Restricted Affordable Units, any resulting decimal fraction shall be rounded
to the next larger integer.
(g) Any Restricted Affordable Unit provided pursuant to the City’s Below Market
Rate Housing Program shall be included when determining the number of Restricted Affordable
Units required to qualify for a Density Bonus or other entitlement under this Chapter.
However, the payment of a housing impact or in lieu fee shall not qualify for a Density Bonus or
other entitlement under this Chapter.
(h) Certain other types of development activities are specifically eligible for a
Density Bonus pursuant to State law:
(i) A Development may be eligible for a Density Bonus in return for land
donation pursuant to the requirements set forth in Government Code
Section 65915(g).
(ii) A condominium conversion may be eligible for a Density Bonus or
Concession pursuant to the requirements set forth in Government Code
Section 65915.5.
(i) As provided in Section 18.15.080(c), development proposed with rezoning to the
Planned Community zone district are entitled to densities approved as part of the rezoning and
shall not be entitled to a density bonus in addition to the units entitled by the rezone.
(j) Notwithstanding any provision of this Chapter, all Developments must satisfy all
applicable requirements of the City's Below Market Rate Housing Program, which may impose
requirements for Restricted Affordable Units in addition to those required to receive a Density
Bonus or Concessions.
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Table 1 summarizes the density bonus provisions described in this Section.
Table 1
Density Bonus Summary Table
Restricted Affordable
Units or Category
Minimum
Percentage of
Restricted
Affordable Units
Percentage
of Density
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Restricted
Affordable
Units
Percentage
of Restricted
Units
Required for
Maximum
35% Density
Bonus
Very Low Income 5% 20% 2.50% 11%
Lower Income 10% 20% 1.50% 20%
Moderate Income 10% 5% 1% 40%
Senior Citizen Housing 100% 20% ------ ------
Qualifying Mobile Park 100% 20% ------ ------
Note: A density bonus may be selected from only one category up to a maximum of 35% of the Maximum
Residential Density.
18.15.040 Development Standards for Affordable Units
(a) Restricted Affordable Units shall be constructed concurrently with Non-
Restricted Units unless both the City and the applicant agree within the Regulatory Agreement
to an alternative schedule for development.
(b) Moderate Income Restricted Affordable Units shall remain restricted and
affordable to the designated income group for a minimum period of 59 years (or a longer
period of time if required by the construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program). Very Low and Lower Restricted
Affordable Units shall remain restricted and affordable to the designated income group for a
period of 30 years for both rental and for-sale units (or a longer period of time if required by a
construction or mortgage financing assistance program, mortgage insurance program, or rental
subsidy program).
(c) In determining the maximum Affordable Rent or Affordable Sales Price of
Restricted Affordable Units, the presumed household size as set forth in the City’s Below
Market Rate Housing Program shall be used, unless the Development is subject to different
assumptions imposed by other governmental regulations.
(d) Restricted Affordable Units shall be built on-site and be dispersed within the
Development, except as permitted in subsection (e) of this Section. The number of bedrooms of
the Restricted Affordable Units shall be equivalent to the bedroom mix of the Non-Restricted
Units in the Development; except that the applicant may include a higher proportion of
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Restricted Affordable Units with more bedrooms. The design, square footage, appearance and
general quality of the Restricted Affordable Units shall be compatible with the design of the
Non-Restricted Units in the Development. The Development shall comply with all applicable
Development Standards, except those which may be modified as provided by this Chapter.
(e) A Regulatory Agreement, as described in Section 18.15.090100, shall be made a
condition of the Discretionary Permits for all Developments pursuant to this Chapter. The
Regulatory Agreement shall be recorded as a restriction on the Development. The Regulatory
Agreement shall be consistent with the City’s Below Market Rate Housing program guidelines.
18.15.050 Development Concessions and Incentives
This Section includes provisions for providing Concessions or Incentives pursuant to
Government Code Section 65915.
(a) By Right Parking Incentives. Upon request by the applicant, a Development that
is eligible for a Density Bonus may provide parking as provided in this subsection (a), consistent
with Government Code Section 65915(p), inclusive of handicapped and guest parking:
(i) Zero to one bedroom unit: one on-site parking space;
(ii) Two to three bedroom unit: two on-site parking spaces;
(iii) Four or more bedroom unit: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it shall be rounded
up to the next whole number. For purposes of this subsection, this parking may be provided
through tandem parking or uncovered parking, but not through on-street parking.
(b) Other Incentives and Concessions. A Development is eligible for other
Concessions or Incentives as follows:
(i) One Concession or Incentive for a Development that makes at least ten
percent (10%) of the total dwelling units affordable to Lower Income
households; or at least five percent (5%) of the total dwelling units
affordable to Very Low Income households; or at least ten percent (10%) of
the total dwelling units affordable to Moderate Income households in a
common interest development.
(ii) Two Concessions or Incentives for a Development that makes at least
twenty percent (20%) of the total dwelling units affordable to Lower
Income households; or at least ten percent (10%) of the total dwelling units
affordable to Very Low Income households; or at least twenty percent
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(20%) of the total dwelling units affordable to Moderate Income
households in a common interest development.
(iii) Three Concessions or Incentives for a Development that makes at least
thirty percent (30%) of the total dwelling units affordable to Lower Income
households; or at least fifteen percent (15%) of the total dwelling units
affordable to Very Low Income households, or at least thirty percent (30%)
of the total dwelling units affordable to Moderate Income households in a
common interest development.
Table 2 summarizes the provisions of Concessions or Incentives described in subsection (a).
Table 2
Concessions and Incentives Summary Table
Target Group Restricted Affordable Units
Very Low Income 5% 10% 15%
Lower Income 10% 20% 30%
Moderate Income (Common Interest Development) 10% 20% 30%
Maximum Incentive(s)/Concession(s) 1 2 3
Notes:
1. Concessions or Incentives may be selected from only one category (very low, lower, or moderate)
2. No concessions or Concessions incentives are available for land donation, or for Senior Citizen
Housing Developments and Qualifying Mobilehome Parks that do not contain Restricted Affordable
Units.
(c) In submitting a request for Concessions or Incentives, an applicant may request
the specific Concessions set forth below. The following Concessions and Incentives are deemed
not to have a specific adverse impact as defined in Section 18.15.090 (b)(ii).
(i) Up to a 25% average reduction of a side yard setback requirement if the
design is consistent with the applicable design standards and guidelines,
unless adjacent to R-1, R-2, RMD and other low density residential zones;
(ii) Up to a 5025% average reduction of the rear yard setback requirements so
long as the setback is consistent with the applicable design standards and
guidelines, unless adjacent to R-1, R-2, RMD and other low density
residential zones;
(iii) A percentage increase in the height limit equal to the Density Bonus
percentage for which the Development is eligible if necessary to
accommodate the Restricted Affordable Units, with a maximum increase of
one foot per Affordable Unit, unless adjacent to R-1, R-2, RMD and other
low density residential zones, and no event to exceed fifty (50) feet;
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(iv) An increase in the Floor Area Ratio (FAR) up to 5025% or up to the square
footage of the Restricted Affordable Units, whichever is less. Any FAR
bonus under this section shall be consistent with the applicable height
requirements and only apply to the residential portion of the mixed use
project;
(v) Reduction in daylight plane requirements not to exceed 25% of the length
of the adjacent lot line, so long as the intrusion is consistent with applicable
design standards and guidelines, unless adjacent to R-1, R-2, RMD and
other low density residential zones;
(vi) Up to fifty percent (50%) increase over the maximum site coverage
requirement or up to the square footage of the Restricted Affordable Units,
whichever is less;
(d) The setbacks referenced in this Section shall not include Special Setbacks as defined
in Section 20.08.020.
(e) The setbacks referenced in this Section shall only apply to the residential portion of
any mixed use (residential and non-residential) development where it is feasible to
setback portions of the development differently.
(f) For Developments that propose to construct one hundred percent (100%) of the
dwelling units (except a manager's unit) as Restricted Affordable Units that are affordable to
Very Low and/or Lower Income households, the Council may grant additional Concessions or
Incentives or exceed the limits set forth in (i) to (vi) above if the Council finds that such
Concessions or Incentives are required to provide for affordable housing costs, as defined in
Section 50052.3 of the Health and Safety Code and are in the interest of the public health,
safety, or welfare.
(gf) Nothing in this Chapter shall be construed to require the provision of direct
financial Concessions for the Development, including the provision of publicly owned land by
the City or the waiver of fees or dedication requirements.
18.15.060 Waiver/Modification of Development Standards
An applicant may apply for a waiver or modification of Development Standards that will
have the effect of physically precluding the construction of a Development at the densities or
with the Concessions or Incentives permitted by this Chapter. The developer must demonstrate
that Development Standards that are requested to be waived or modified will have the effect of
physically precluding the construction of a Development meeting the criteria of subsection (a)
of Section 18.15.030 at the densities or with the Concessions or Incentives permitted by this
Chapter.
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18.15.070 Child Care Facilities
(a) When an applicant proposes to construct a Development that is eligible for a
Density Bonus under Section 18.15.030 and includes a child care facility that will be located on
the premises of, as part of, or adjacent to, the Development, the City shall grant either:
(i) An additional density bonus that is an amount of square feet of residential
space that is equal to or greater than the square footage of the child care
facility; or
(ii) An additional Concession or Incentive that contributes significantly to the
economic feasibility of the construction of the child care facility.
(b) The City shall require, as a condition of approving the Development, that the
following occur:
(i) The child care facility shall remain in operation for a period of time that is
as long as or longer than the period of time during which the Restricted
Affordable Units are required to remain affordable pursuant to Section
18.15.040. In the event the childcare operations cease to exist, the
Director of Planning and Community Environment may approve an
alternative community service use for the child care facility.
(ii) Of the children who attend the child care facility, the children of Very Low,
Lower and Moderate Income households shall equal a percentage that is
equal to or greater than the percentage of Restricted Affordable Units in
the Development that are required for Very Low, Lower and Moderate
Income households pursuant to Section 18.15.030.
(c) Notwithstanding subsections (a) and (b) above, the City shall not be required to
provide a density bonus or a Concession or Incentive for a child care facility if it finds,
based upon substantial evidence, that the community has adequate child care facilities.
18.15.080 Application Requirements
An application for a Density Bonus, Incentive, Concession, waiver, modification or
revised parking standard shall be made as follows:
(a) An application for a Density Bonus, Incentive, Concession, waiver, modification
or revised parking standard shall be submitted with the first application for a Discretionary
Permit for a Development and shall be processed concurrently with those Discretionary
Permits. The application shall be on a form prescribed by the City and shall include the
following information:
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(i) A brief description of the proposed Development, including the total
number of dwelling units, Restricted Affordable Units, and Density Bonus
Units proposed.
(ii) The zoning and comprehensive plan designations and assessor's parcel
number(s) of the project site, and a description of any Density Bonus,
Concession or Incentive, waiver or modification, or revised parking
standard requested
(iii) A vicinity map and preliminary site plan, drawn to scale, including building
footprints, driveway and parking layout.
(iv) If a Concession or Incentive is requested, a brief explanation as to the
actual cost reduction achieved through the Concession or Incentive and
how the cost reduction allows the applicant to provide the Restricted
Affordable Units.
(v) If a waiver or modification is requested, a brief explanation of why the
Development Standard would physically preclude the construction of the
Development with the Density Bonus, Incentives, and Concessions
requested.
(vi) Site plan showing location of market-rate units, Restricted Affordable
Units, and Density Bonus units within the proposed Development;
(vii) Level of affordability of the Restricted Affordable Units and proposed
method to ensure affordability;
(viii) For Concessions and Incentives that are not included within the menu of
Incentives/Concessions set forth in subsection (c) of Section 18.15.050, the
application requires the submittal of the project proforma to the Director,
providing evidence that the requested Concessions and Incentives result in
identifiable, financially sufficient, and actual cost reductions. The cost of
reviewing the project proforma, including, but not limited to, the cost to
the City of hiring a consultant to review the financial data, shall be borne by
the applicant. The proforma information shall include all of the following
items:
(A) The actual cost reduction achieved through the Concession;
(B) Evidence that the cost reduction allows the applicant to provide
affordable rents or affordable sales prices; and
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(C) Other information requested by the Planning Director. The
Planning Director may require additional financial information
include information regarding capital costs, equity investment,
debt service, projected revenues, operating expenses, and such
other information as is required to evaluate the financial
information;
(ix) If a waiver or modification of a Development Standard is requested, the
applicant shall provide evidence that the Development Standard for which
the waiver is requested will have the effect of physically precluding the
construction of the Development with the Density Bonus and Concessions
requested;
(x) If a Density Bonus or Concession is requested for a land donation, the
application shall show the location of the land to be dedicated, provide
proof of site control, and provide evidence that all of the requirements and
each of the findings included in Government Code Section 65915(g) can be
made;
(xi) If a density bonus or Concession is requested for a child care facility, the
application shall show the location and square footage of the child care
facilities and provide evidence that all of the requirements and each of the
findings included in Government Code Section 65915(h) can be made.
(xii) If a Density Bonus or Concession is requested for a condominium
conversion, the applicant shall provide evidence that all of the
requirements found in Government Code Section 65915.5 can be met.
(b) In accordance with state law, neither the granting of a Concession, Incentive,
waiver, modification, or revised parking standard, nor the granting of a Density Bonus,
shall be interpreted, in and of itself, to require a general plan amendment, zoning
change, variance, or other discretionary approval.
(c) The Planned Community (PC) zone district is intended to accommodate
developments requiring flexibility under controlled conditions not attainable under
other zoning districts. Because of the flexible nature of the PC zone, which determines
site specific requirements including density, the Chapter does not apply to this zoning
district.
(d) This Chapter implements State Density Bonus law. Any Density Bonus, Incentive,
Concession, revised parking standard, waiver, or modification sought by an Applicant
shall be made pursuant to this Chapter and may not be combined with similar requests
under State Density Bonus law.
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18.15.090 Review Procedures
An application for a Density Bonus, Incentive, Concession, waiver, modification or
revised parking standard shall be acted upon by the Approval Authority concurrently with the
application for the first Discretionary Permit. The granting of a Density Bonus shall not be
deemed approval of the entire Project or approval of any subsequent discretionary permit.
(a) Before approving an application for a Density Bonus, Incentive, Concession,
waiver, modification or revised parking standard, the Approval Authority shall make the
following findings, as applicable:
(i) The Development is eligible for the Density Bonus and any Concessions,
waivers, modifications, or revised parking standards requested.
(ii) Any requested Concession or Incentive will result in identifiable, financially
sufficient, and actual cost reductions based upon the financial analysis and
documentation provided. The City finds that the Concessions and
Incentives included in Section 18.50.050(c) will result in identifiable,
financially sufficient, and actual cost reductions.
(iii) If the Density Bonus is based all or in part on donation of land, a finding
that all the requirements included in Government Code Section 65915(g)
have been met.
(iv) If the Density Bonus, Concession or Incentive is based all or in part on the
inclusion of a child care facility, a finding that all the requirements included
in Government Code Section 65915(h) have been met.
(v) If the Concession or Incentive includes mixed-use development, a finding
that all the requirements included in Government Code Section 65915(k)(2)
have been met.
(vi) If a waiver or modification is requested, a finding that the Development
Standards for which the waiver is requested would have the effect of
physically precluding the construction of the Development with the Density
Bonus and Concessions permitted.
(b) Any granted Density Bonus and/or Concession(s) shall terminate with the
demolition, destruction or other removal of the structure receiving the Density
Bonus and/or Concession.
(c) If the findings required by subsection (a) of this Section cannot be made, the
Approval Authority may deny an application for a Concession, Incentive, waiver or modification
only if it makes one of the following written findings, supported by substantial evidence:
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(i) The Concession, Incentive, waiver or modification is not required to
provide for Affordable Rents or Affordable Sales Prices; or
(ii) The Concession, Incentive, waiver or modification would have a specific,
adverse impact upon public health or safety or the physical environment or
on real property listed in the California Register of Historic Resources, and
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the Development unaffordable to Low
and Moderate Income households. For the purpose of this subsection,
"specific adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, written public health or
safety standards, policies, or conditions as they existed on the date that the
application for the Development was deemed complete; or
(iii) The Concession, Incentive, waiver or modification is contrary to state or
federal law.
(c) If the Approval Authority is not the City Council, any decision denying a Density
Bonus, Incentive, Concession, waiver, modification or revised parking standard may be
appealed to the City Council within fourteen days of the date of the decision.
18.15.100 Regulatory Agreement
(a) Applicants for a Density Bonus, Incentive, Concession, waiver, modification or
revised parking standard shall enter into a Regulatory Agreement with the City. The terms of
the draft agreement shall be approved as to form by the City Attorney and reviewed and
revised as appropriate by the Director of Planning and Community Environment, who shall
formulate a recommendation to the Approval Authority for final approval.
(b) Following execution of the agreement by all parties, the completed Density
Bonus Regulatory Agreement, or memorandum thereof, shall be recorded and the conditions
filed and recorded on the Development.
(c) The approval of the Regulatory Agreement shall take place prior to tentative
map approval, and recordation shall take place prior to final map approval, or, where a map is
not being processed, prior to approval of the final Discretionary Permit. The Regulatory
Agreement shall be binding to all future owners and successors in interest.
(d) The Regulatory Agreement shall be consistent with the guidelines of the City’s
Below Market Rate Program and shall include at a minimum the following:
(i) The total number of dwelling units approved for the Development,
including the number of Restricted Affordable Units;
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(ii) A description of the household income group to be accommodated by the
Restricted Affordable Units, and the standards for determining the
corresponding Affordable Rent or Affordable Sales Price;
(iii) The location, dwelling unit sizes (square feet), and number of bedrooms of
the Restricted Affordable Units;
(iv) Term of use restrictions for Restricted Affordable Units of at least 59 years
for Moderate Income units and at least 30 years for Low and Very Low
units;
(v) A schedule for completion and occupancy of Restricted Affordable Units;
(vi) A description of any Concession, Incentive, waiver, modification, or revised
parking standard, if any, being provided by the City;
(vii) A description of remedies for breach of the agreement (the City may
identify tenants or qualified purchasers as third party beneficiaries under
the agreement); and
(viii) Other provisions to ensure implementation and compliance with this
Section.
SECTION 3. CEQA. The proposed Ordinance revises the requirements for
granting a residential density bonus to comply with revisions to Government Code
Section 65915 enacted by the Legislature through the adoption of Senate Bill 1818.
Adoption of the draft density bonus codifies allowances that developers have been able
to use in housing developments since 2005. Further, the revisions modify the criteria
and incentives offered to qualifying developments but do not authorize construction not
already permitted under the City’s existing codes. Also, it is uncertain how many project
applicants will seek to utilize the provisions of State law and this Ordinance and where
such projects might be located in the City. Further, each individual project will be
subject to its own environmental review. Consequently, this ordinance is exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of Title 14 of the California Code of Regulations since it can be seen
with certainty that there is no possibility the adoption and implementation of this
Ordinance may have a significant effect on the environment.
SECTION 4. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given
effect without the invalid provision or application and, to this end, the provisions of this
Ordinance are hereby declared to be severable.
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SECTION 5. This ordinance shall be effective on the thirty-first date after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Assistant City Attorney City Manager
____________________________
Director of Planning &
Community Environment
[Provisions required by State law are highlighted for reference]
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140102 jb 0131158 Rev. January 7, 2014
Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Adopting New Chapter
18.15 (Residential Density Bonus) of Title 18 (Zoning) of the Palo Alto
Municipal Code to Implement Government Code Section 65915
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and
declares as follows:
A. The State Density Bonus Law (Section 65915 of the Government Code)
was first adopted in 1979. The law allows developers who offer affordable units in their
developments a density bonus above what the zoning ordinance would typically allow.
Originally, developers received a density bonus of 25% if they met the density bonus
requirements.
B. In 2004, the State Legislature passed SB 1818, which significantly
amended Section 65915 of the Government Code. The significant changes to the law,
effective on January 1, 2005, included:
A higher maximum market-rate unit density bonus of 35% for a lower
percentage of affordable units provided;
A sliding scale of market-rate density bonus percentages from 20%-35%
depending on the percentage of affordable units provided;
Provision for up to three (3) development concessions or incentives,
depending on the percentage of affordable units provided;
Granting the developer a density bonus if they donate land for very low
income housing; and
Required jurisdictions to implement Density Bonus law through
local codes.
C. In the past, the City has applied the Density Bonus law on an ad hoc basis
to both market rate and affordable developments. Palo Alto Family Apartments,
located at 801 Alma Street and developed by Eden Housing, is a 50 unit affordable
rental development. Eden requested concessions to encroach into the required
setbacks, exceed the maximum floor area ratio (FAR) and to not provide private useable
open space. The development at 195 Page Mill Road also requested concessions to
allow residential uses in the General Manufacturing (GM) zoning district and to exceed
the maximum FAR in return for providing 17 affordable housing units (20% of the total
units).
[Provisions required by State law are highlighted for reference]
Not Yet Approved Attachment B
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140102 jb 0131158 Rev. January 7, 2014
D. The 2007-2014 Housing Element Update includes a program (Program
3.1.10) requiring that a density bonus ordinance be adopted that is consistent with
Government Code 65915. Staff anticipates that density bonus will be an important tool
to help the City accommodate its Regional Housing Needs Allocation (RHNA) numbers.
SECTION 2. Chapter 18.15 (Residential Density Bonus) of Title 18 (Zoning) of the
Palo Alto Municipal Code is hereby added to read as follows:
Chapter 18.15
Residential Density Bonus
Sections:
18.15.010 Purpose
18.15.020 Definitions
18.15.030 Density Bonuses
18.15.040 Development Standards for Affordable Units
18.15.050 Development Concessions and Incentives
18.15.060 Waiver/Modification of Development Standards
18.15.070 Child Care Facilities
18.15.080 Application Requirements
18.15.090 Review Procedures
18.15.100 Regulatory Agreement
18.15.010 Purpose
The purpose of this chapter is to:
(a) Comply with the state density bonus law under California Government Code
section 65915.
(b) Establish procedures for implementing state density bonus requirements as set
forth in California Government Code Section 65915, as amended.
(c) Facilitate the development of affordable housing consistent with the goals,
objectives, and policies of the City’s Comprehensive Plan Housing Element.
18.15.020 Definitions [NOTE: All definitions are consistent with State law]
Whenever the following terms are used in this Chapter, they shall have the meaning
established by this section:
[Provisions required by State law are highlighted for reference]
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140102 jb 0131158 Rev. January 7, 2014
(a) "Affordable Rent" means monthly rent, including a reasonable allowance for
utilities and all fees for housing services, for rental Restricted Affordable Units reserved for
Very Low or Lower Income Households, that does not exceed the following:
(i) Very Low Income: 50 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(ii) Lower Income: 60 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(b) "Affordable Sales Price" means the maximum sales price at which Very Low,
Lower and Moderate Income Households can qualify for the purchase of Restricted Affordable
Units as set forth in the City of Palo Alto’s Below Market Rate Housing Program. The sales price
shall be considered affordable only if it is based on a reasonable down payment, and monthly
housing payments (including interest, principal, mortgage insurance, property taxes and
assessments, fire and casualty insurance, homeowners association fees, property maintenance
and repairs, and a reasonable allowance for utilities), all as determined by the City, that are
equal to or less than:
(i) Very Low Income: 50 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(ii) Lower Income: 80 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(iii) Moderate Income: 120 percent of the area median income for Santa Clara
County, adjusted for presumed household size, multiplied by 30 percent
and divided by 12.
(c) "Applicant" means any person, firm, partnership, association, joint venture,
corporation, or any entity or combination of entities who seeks Development permits or
approvals from the City of Palo Alto.
(d) "Approval Authority" means the person or body that is authorized to approve a
Development as specified in the City of Palo Alto Municipal Code. Approval Authority shall also
include recommending bodies such as the Architectural Review Board and the Planning and
Transportation Commission.
[Provisions required by State law are highlighted for reference]
Not Yet Approved Attachment B
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140102 jb 0131158 Rev. January 7, 2014
(e) "Below Market Rate Housing Program" means Chapter 18.14 of the Palo Alto
Municipal Code and the Administrative Guidelines for the Below Market Rate Program.
(f) "Child Care Facility" means a child day care facility other than a family day care
home, including, but not limited to, infant centers, preschools, extended day care facilities, and
school age child care centers.
(g) "Concession or Incentive" as used interchangeably means such regulatory
concessions as specified in Government Code Section 65915(k) to include:
(i) A reduction of site Development Standards or architectural design
requirements which exceed the minimum applicable building standards
approved by the State Building Standards Commission pursuant to Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety
Code, including, but not limited to, a reduction in setback, coverage, and/or
parking requirements which result in identifiable, financially sufficient and
actual cost reductions;
(ii) Allowing mixed use development in conjunction with the proposed
residential development, if nonresidential land uses will reduce the cost of
the residential project and the nonresidential land uses are compatible
with the residential project and existing or planned development in the
area where the Development will be located; and
(iii) Other regulatory Concessions proposed by the applicant or the City which
result in identifiable financially sufficient, and actual cost reductions.
(h) "Density Bonus" means a density increase over the Maximum Residential
Density granted pursuant to Government Code Section 65915 and this Ordinance.
(i) "Density Bonus Units" means those dwelling units granted pursuant to the
provisions of this Chapter which exceed the otherwise Maximum Residential Density for the
development site.
(j) "Development" means all developments pursuant to a proposal to construct or
place five (5) or more additional dwelling units on a lot or contiguous lots including, without
limitation, a planned unit development, site plan, subdivision, or conversion of a non-
residential building to dwelling units.
(k) "Development Standard" means a site or construction condition such as a
height limitation, a setback, or a floor-area ratio, that applies to a Development pursuant to any
ordinance, general plan element, specific plan, charter, or other City condition, law, policy,
[Provisions required by State law are highlighted for reference]
Not Yet Approved Attachment B
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140102 jb 0131158 Rev. January 7, 2014
resolution, or regulation. A “site and construction condition” is a development regulation or
law that specifies the physical development of a site and buildings on the site in a
Development.
(l) "Discretionary Permit" means any permit issued for the Development which
requires the exercise of judgment or deliberation from the Approval Authority, including but
not limited to conditional use permits, variances, site plans, design review, planned
development permits, general and specific plan approvals and amendments, zoning
amendments, and tentative and parcel maps.
(m) "Lower, Very Low, or Moderate Income” means annual income of a household
that does not exceed the maximum income limits for the income category, as adjusted for
household size, applicable to Santa Clara County, as published and periodically updated by the
State Department of Housing and Community Development pursuant to Sections 50079.5,
50105, or 50093 of the California Health and Safety Code.
(n) "Maximum Residential Density" means the maximum number of dwelling units
permitted in the Development by the City’s Comprehensive Plan Land Use Element and Zoning
Ordinance at the time of application, excluding the provisions of this Chapter. If the maximum
density allowed by the Zoning Ordinance is inconsistent with the density allowed by the Land
Use Element of the City’s Comprehensive Plan, the Land Use Element density shall prevail.
(o) "Non-Restricted Unit" means all dwelling units within a Development excluding
the Restricted Affordable Units.
(p) “Qualifying Mobilehome Park” means a mobilehome park that limits residency
based on age requirements for housing older persons pursuant to Section 798.76 and 799.5 of
the Civil Code.
(q) "Qualifying Resident" means senior citizens or other persons eligible to reside in
a Senior Citizen Housing Development or Qualifying Mobilehome Park.
(r) "Regulatory Agreement" means a recorded and legally binding agreement
between an applicant and the City to ensure that the requirements of this Chapter are satisfied.
The Regulatory Agreement, among other things, shall establish: the number of Restricted
Affordable Units, their size, location, terms and conditions of affordability, and production
schedule.
(s) "Restricted Affordable Unit" means a dwelling unit within a Development which
will be available at an Affordable Rent or Affordable Sales Price for sale or rent to Very Low,
Lower or Moderate Income households.
[Provisions required by State law are highlighted for reference]
Not Yet Approved Attachment B
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140102 jb 0131158 Rev. January 7, 2014
(t) "Senior Citizen Housing Development" means a Development consistent with
the California Fair Employment and Housing Act (Government Code Section 12900 et. seq.,
including 12955.9 in particular), which has been "designed to meet the physical and social
needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that
phrase is used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and
implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California
Civil Code Section 51.2 and 51.3.
18.15.030 Density Bonuses
This Section describes the Density Bonuses that will be provided, at the request of an
applicant, when that applicant provides Restricted Affordable Units as described below.
(a) The City shall grant a 20 percent (20%) Density Bonus when an applicant
for a Development of five (5) or more dwelling units seeks and agrees to construct at least any
one of the following in accordance with the requirements of this Section and Government Code
Section 65915:
(i) At least 10 percent (10%) of the total dwelling units of the Development as
Restricted Affordable Units affordable to Lower Income Households. For
each one percent (1%) increase in the percentage of restricted Lower
Income units, a Development will receive an additional one and one-half
percent (1.5%) density bonus up to thirty-five percent (35%) of the
Maximum Residential Density; or
(ii) At least five percent (5%) of the total dwelling units of the Development as
Restricted Affordable Units affordable to Very Low Income Households.
For each one percent (1%) increase in the percentage of restricted Very
Low Income units, a Development will receive an additional two and one-
half percent (2.5%) density bonus up to thirty-five percent (35%) of the
Maximum Residential Density; or
(iii) A Senior Citizen Housing Development; or
(iv) A Qualifying Mobilehome Park.
(b) The City shall grant a five percent (5%) Density Bonus when an applicant for a
Development of five (5) or more additional dwelling units seeks and agrees to construct, in
accordance with the requirements of this Section and Government Code Section 65915, at least
10 percent (10%) of the total dwelling units in a common interest development as defined in
California Civil Code Section 4100 for Moderate Income Households, provided that all dwelling
units in the Development are offered to the public for purchase. For each one percent (1%)
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increase in the percentage of restricted Moderate Income units, a Development will receive an
additional one percent (1%) density bonus up to thirty-five percent (35%) of the Maximum
Residential Density.
(c) No additional Density Bonus shall be authorized for a Senior Citizen
Development or Qualifying Mobilehome Park beyond the Density Bonus authorized by
subsection (a) of this Section.
(d) When calculating the number of permitted Density Bonus Units, any fractions of
units shall be rounded to the next highest number. An applicant may elect to receive a Density
Bonus that is less than the amount permitted by this Section; however, the City shall not be
required to similarly reduce the number of Restricted Affordable Units required to be dedicated
pursuant to this Section and Government Code Section 65915(b).
(e) Each Development is entitled to only one Density Bonus, which shall be selected
by the applicant based on the percentage of Very Low Restricted Affordable Units, Lower
Income Restricted Affordable Units, or Moderate Income Restricted Affordable Units, or the
Development’s status as a Senior Citizen Housing Development or Qualifying Mobilehome Park.
Density bonuses from more than one category may not be combined. In no case shall a
Development be entitled to a Density Bonus of more than thirty-five percent (35%).
(f) The Density Bonus Units shall not be included when determining the number of
Restricted Affordable Units required to qualify for a Density Bonus. When calculating the
required number of Restricted Affordable Units, any resulting decimal fraction shall be rounded
to the next larger integer.
(g) Any Restricted Affordable Unit provided pursuant to the City’s Below Market
Rate Housing Program shall be included when determining the number of Restricted Affordable
Units required to qualify for a Density Bonus or other entitlement under this Chapter.
However, the payment of a housing impact or in lieu fee shall not qualify for a Density Bonus or
other entitlement under this Chapter.
(h) Certain other types of development activities are specifically eligible for a
Density Bonus pursuant to State law:
(i) A Development may be eligible for a Density Bonus in return for land
donation pursuant to the requirements set forth in Government Code
Section 65915(g).
(ii) A condominium conversion may be eligible for a Density Bonus or
Concession pursuant to the requirements set forth in Government Code
Section 65915.5.
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(i) As provided in Section 18.15.080(c), development proposed with rezoning to the
Planned Community zone district are entitled to densities approved as part of the rezoning and
shall not be entitled to a density bonus in addition to the units entitled by the rezone.
(j) Notwithstanding any provision of this Chapter, all Developments must satisfy all
applicable requirements of the City's Below Market Rate Housing Program, which may impose
requirements for Restricted Affordable Units in addition to those required to receive a Density
Bonus or Concessions.
Table 1 summarizes the density bonus provisions described in this Section.
Table 1
Density Bonus Summary Table
Restricted Affordable
Units or Category
Minimum
Percentage of
Restricted
Affordable Units
Percentage
of Density
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Restricted
Affordable
Units
Percentage
of Restricted
Units
Required for
Maximum
35% Density
Bonus
Very Low Income 5% 20% 2.50% 11%
Lower Income 10% 20% 1.50% 20%
Moderate Income 10% 5% 1% 40%
Senior Citizen Housing 100% 20% ------ ------
Qualifying Mobile Park 100% 20% ------ ------
Note: A density bonus may be selected from only one category up to a maximum of 35% of the Maximum
Residential Density.
18.15.040 Development Standards for Affordable Units
(a) Restricted Affordable Units shall be constructed concurrently with Non-
Restricted Units unless both the City and the applicant agree within the Regulatory Agreement
to an alternative schedule for development.
(b) Moderate Income Restricted Affordable Units shall remain restricted and
affordable to the designated income group for a minimum period of 59 years (or a longer
period of time if required by the construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program). Very Low and Lower Restricted
Affordable Units shall remain restricted and affordable to the designated income group for a
period of 30 years for both rental and for-sale units (or a longer period of time if required by a
[Provisions required by State law are highlighted for reference]
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construction or mortgage financing assistance program, mortgage insurance program, or rental
subsidy program).
(c) In determining the maximum Affordable Rent or Affordable Sales Price of
Restricted Affordable Units, the presumed household size as set forth in the City’s Below
Market Rate Housing Program shall be used, unless the Development is subject to different
assumptions imposed by other governmental regulations.
(d) Restricted Affordable Units shall be built on-site and be dispersed within the
Development, except as permitted in subsection (e) of this Section. The number of bedrooms of
the Restricted Affordable Units shall be equivalent to the bedroom mix of the Non-Restricted
Units in the Development; except that the applicant may include a higher proportion of
Restricted Affordable Units with more bedrooms. The design, square footage, appearance and
general quality of the Restricted Affordable Units shall be compatible with the design of the
Non-Restricted Units in the Development. The Development shall comply with all applicable
Development Standards, except those which may be modified as provided by this Chapter.
(e) A Regulatory Agreement, as described in Section 18.15.100, shall be made a
condition of the Discretionary Permits for all Developments pursuant to this Chapter. The
Regulatory Agreement shall be recorded as a restriction on the Development. The Regulatory
Agreement shall be consistent with the City’s Below Market Rate Housing program guidelines.
18.15.050 Development Concessions and Incentives
This Section includes provisions for providing Concessions or Incentives pursuant to
Government Code Section 65915.
(a) By Right Parking Incentives. Upon request by the applicant, a Development that
is eligible for a Density Bonus may provide parking as provided in this subsection (a), consistent
with Government Code Section 65915(p), inclusive of handicapped and guest parking:
(i) Zero to one bedroom unit: one on-site parking space;
(ii) Two to three bedroom unit: two on-site parking spaces;
(iii) Four or more bedroom unit: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it shall be rounded
up to the next whole number. For purposes of this subsection, this parking may be provided
through tandem parking or uncovered parking, but not through on-street parking.
[Provisions required by State law are highlighted for reference]
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(b) Other Incentives and Concessions. A Development is eligible for other
Concessions or Incentives as follows:
(i) One Concession or Incentive for a Development that makes at least ten
percent (10%) of the total dwelling units affordable to Lower Income
households; or at least five percent (5%) of the total dwelling units
affordable to Very Low Income households; or at least ten percent (10%) of
the total dwelling units affordable to Moderate Income households in a
common interest development.
(ii) Two Concessions or Incentives for a Development that makes at least
twenty percent (20%) of the total dwelling units affordable to Lower
Income households; or at least ten percent (10%) of the total dwelling units
affordable to Very Low Income households; or at least twenty percent
(20%) of the total dwelling units affordable to Moderate Income
households in a common interest development.
(iii) Three Concessions or Incentives for a Development that makes at least
thirty percent (30%) of the total dwelling units affordable to Lower Income
households; or at least fifteen percent (15%) of the total dwelling units
affordable to Very Low Income households, or at least thirty percent (30%)
of the total dwelling units affordable to Moderate Income households in a
common interest development.
Table 2 summarizes the provisions of Concessions or Incentives described in subsection (a).
Table 2
Concessions and Incentives Summary Table
Target Group Restricted Affordable Units
Very Low Income 5% 10% 15%
Lower Income 10% 20% 30%
Moderate Income (Common Interest Development) 10% 20% 30%
Maximum Incentive(s)/Concession(s) 1 2 3
Notes:
1. Concessions or Incentives may be selected from only one category (very low, lower, or moderate)
2. No concessions or Concessions are available for land donation, or for Senior Citizen Housing
Developments and Qualifying Mobilehome Parks that do not contain Restricted Affordable Units.
(c) In submitting a request for Concessions or Incentives, an applicant may request
the specific Concessions set forth below. The following Concessions and Incentives are deemed
not to have a specific adverse impact as defined in Section 18.15.090 (b)(ii).
[Provisions required by State law are highlighted for reference]
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(i) Up to a 25% average reduction of a side yard setback requirement if the
design is consistent with the applicable design standards and guidelines,
unless adjacent to R-1, R-2, RMD and other low density residential zones;
(ii) Up to a 25% average reduction of the rear yard setback requirements so
long as the setback is consistent with the applicable design standards and
guidelines, unless adjacent to R-1, R-2, RMD and other low density
residential zones;
(iii) A percentage increase in the height limit equal to the Density Bonus
percentage for which the Development is eligible if necessary to
accommodate the Restricted Affordable Units, with a maximum increase of
one foot per Affordable Unit, unless adjacent to R-1, R-2, RMD and other
low density residential zones, and no event to exceed fifty (50) feet;
(iv) An increase in the Floor Area Ratio (FAR) up to 50% or up to the square
footage of the Restricted Affordable Units, whichever is less. Any FAR
bonus under this section shall be consistent with the applicable height
requirements and only apply to the residential portion of the mixed use
project;
(v) Reduction in daylight plane requirements not to exceed 25% of the length
of the adjacent lot line, so long as the intrusion is consistent with applicable
design standards and guidelines, unless adjacent to R-1, R-2, RMD and
other low density residential zones;
(vi) Up to fifty percent (50%) increase over the maximum site coverage
requirement or up to the square footage of the Restricted Affordable Units,
whichever is less;
(d) The setbacks referenced in this Section shall not include Special Setbacks as defined
in Section 20.08.020.
(e) The setbacks referenced in this Section shall only apply to the residential portion of
any mixed use (residential and non-residential) development where it is feasible to
setback portions of the development differently.
(f) For Developments that propose to construct one hundred percent (100%) of the
dwelling units (except a manager's unit) as Restricted Affordable Units that are affordable to
Very Low and/or Lower Income households, the Council may grant additional Concessions or
Incentives or exceed the limits set forth in (i) to (vi) above if the Council finds that such
Concessions or Incentives are required to provide for affordable housing costs, as defined in
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Section 50052.3 of the Health and Safety Code and are in the interest of the public health,
safety, or welfare.
(g) Nothing in this Chapter shall be construed to require the provision of direct
financial Concessions for the Development, including the provision of publicly owned land by
the City or the waiver of fees or dedication requirements.
18.15.060 Waiver/Modification of Development Standards
An applicant may apply for a waiver or modification of Development Standards that will
have the effect of physically precluding the construction of a Development at the densities or
with the Concessions or Incentives permitted by this Chapter. The developer must demonstrate
that Development Standards that are requested to be waived or modified will have the effect of
physically precluding the construction of a Development meeting the criteria of subsection (a)
of Section 18.15.030 at the densities or with the Concessions or Incentives permitted by this
Chapter.
18.15.070 Child Care Facilities
(a) When an applicant proposes to construct a Development that is eligible for a
Density Bonus under Section 18.15.030 and includes a child care facility that will be located on
the premises of, as part of, or adjacent to, the Development, the City shall grant either:
(i) An additional density bonus that is an amount of square feet of residential
space that is equal to or greater than the square footage of the child care
facility; or
(ii) An additional Concession or Incentive that contributes significantly to the
economic feasibility of the construction of the child care facility.
(b) The City shall require, as a condition of approving the Development, that the
following occur:
(i) The child care facility shall remain in operation for a period of time that is
as long as or longer than the period of time during which the Restricted
Affordable Units are required to remain affordable pursuant to Section
18.15.040. In the event the childcare operations cease to exist, the
Director of Planning and Community Environment may approve an
alternative community service use for the child care facility.
(ii) Of the children who attend the child care facility, the children of Very Low,
Lower and Moderate Income households shall equal a percentage that is
[Provisions required by State law are highlighted for reference]
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140102 jb 0131158 Rev. January 7, 2014
equal to or greater than the percentage of Restricted Affordable Units in
the Development that are required for Very Low, Lower and Moderate
Income households pursuant to Section 18.15.030.
(c) Notwithstanding subsections (a) and (b) above, the City shall not be required to
provide a density bonus or a Concession or Incentive for a child care facility if it finds, based
upon substantial evidence, that the community has adequate child care facilities.
18.15.080 Application Requirements
An application for a Density Bonus, Incentive, Concession, waiver, modification or
revised parking standard shall be made as follows:
(a) An application for a Density Bonus, Incentive, Concession, waiver, modification
or revised parking standard shall be submitted with the first application for a Discretionary
Permit for a Development and shall be processed concurrently with those Discretionary
Permits. The application shall be on a form prescribed by the City and shall include the
following information:
(i) A brief description of the proposed Development, including the total
number of dwelling units, Restricted Affordable Units, and Density Bonus
Units proposed.
(ii) The zoning and comprehensive plan designations and assessor's parcel
number(s) of the project site, and a description of any Density Bonus,
Concession or Incentive, waiver or modification, or revised parking
standard requested
(iii) A vicinity map and preliminary site plan, drawn to scale, including building
footprints, driveway and parking layout.
(iv) If a Concession or Incentive is requested, a brief explanation as to the
actual cost reduction achieved through the Concession or Incentive and
how the cost reduction allows the applicant to provide the Restricted
Affordable Units.
(v) If a waiver or modification is requested, a brief explanation of why the
Development Standard would physically preclude the construction of the
Development with the Density Bonus, Incentives, and Concessions
requested.
[Provisions required by State law are highlighted for reference]
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(vi) Site plan showing location of market-rate units, Restricted Affordable
Units, and Density Bonus units within the proposed Development;
(vii) Level of affordability of the Restricted Affordable Units and proposed
method to ensure affordability;
(viii) For Concessions and Incentives that are not included within the menu of
Incentives/Concessions set forth in subsection (c) of Section 18.15.050, the
application requires the submittal of the project proforma to the Director,
providing evidence that the requested Concessions and Incentives result in
identifiable, financially sufficient, and actual cost reductions. The cost of
reviewing the project proforma, including, but not limited to, the cost to
the City of hiring a consultant to review the financial data, shall be borne by
the applicant. The proforma information shall include all of the following
items:
(A) The actual cost reduction achieved through the Concession;
(B) Evidence that the cost reduction allows the applicant to provide
affordable rents or affordable sales prices; and
(C) Other information requested by the Planning Director. The
Planning Director may require additional financial information
include information regarding capital costs, equity investment,
debt service, projected revenues, operating expenses, and such
other information as is required to evaluate the financial
information;
(ix) If a waiver or modification of a Development Standard is requested, the
applicant shall provide evidence that the Development Standard for which
the waiver is requested will have the effect of physically precluding the
construction of the Development with the Density Bonus and Concessions
requested;
(x) If a Density Bonus or Concession is requested for a land donation, the
application shall show the location of the land to be dedicated, provide
proof of site control, and provide evidence that all of the requirements and
each of the findings included in Government Code Section 65915(g) can be
made;
(xi) If a density bonus or Concession is requested for a child care facility, the
application shall show the location and square footage of the child care
[Provisions required by State law are highlighted for reference]
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140102 jb 0131158 Rev. January 7, 2014
facilities and provide evidence that all of the requirements and each of the
findings included in Government Code Section 65915(h) can be made.
(xii) If a Density Bonus or Concession is requested for a condominium
conversion, the applicant shall provide evidence that all of the
requirements found in Government Code Section 65915.5 can be met.
(b) In accordance with state law, neither the granting of a Concession, Incentive,
waiver, modification, or revised parking standard, nor the granting of a Density Bonus,
shall be interpreted, in and of itself, to require a general plan amendment, zoning
change, variance, or other discretionary approval.
(c) The Planned Community (PC) zone district is intended to accommodate
developments requiring flexibility under controlled conditions not attainable under
other zoning districts. Because of the flexible nature of the PC zone, which determines
site specific requirements including density, the Chapter does not apply to this zoning
district.
(d) This Chapter implements State Density Bonus law. Any Density Bonus, Incentive,
Concession, revised parking standard, waiver, or modification sought by an Applicant
shall be made pursuant to this Chapter and may not be combined with similar requests
under State Density Bonus law.
18.15.090 Review Procedures
An application for a Density Bonus, Incentive, Concession, waiver, modification or
revised parking standard shall be acted upon by the Approval Authority concurrently with the
application for the first Discretionary Permit. The granting of a Density Bonus shall not be
deemed approval of the entire Project or approval of any subsequent discretionary permit.
(a) Before approving an application for a Density Bonus, Incentive, Concession,
waiver, modification or revised parking standard, the Approval Authority shall make the
following findings, as applicable:
(i) The Development is eligible for the Density Bonus and any Concessions,
waivers, modifications, or revised parking standards requested.
(ii) Any requested Concession or Incentive will result in identifiable, financially
sufficient, and actual cost reductions based upon the financial analysis and
documentation provided. The City finds that the Concessions and
Incentives included in Section 18.50.050(c) will result in identifiable,
financially sufficient, and actual cost reductions.
[Provisions required by State law are highlighted for reference]
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(iii) If the Density Bonus is based all or in part on donation of land, a finding
that all the requirements included in Government Code Section 65915(g)
have been met.
(iv) If the Density Bonus, Concession or Incentive is based all or in part on the
inclusion of a child care facility, a finding that all the requirements included
in Government Code Section 65915(h) have been met.
(v) If the Concession or Incentive includes mixed-use development, a finding
that all the requirements included in Government Code Section 65915(k)(2)
have been met.
(vi) If a waiver or modification is requested, a finding that the Development
Standards for which the waiver is requested would have the effect of
physically precluding the construction of the Development with the Density
Bonus and Concessions permitted.
(b) Any granted Density Bonus and/or Concession(s) shall terminate with the
demolition, destruction or other removal of the structure receiving the Density
Bonus and/or Concession.
(c) If the findings required by subsection (a) of this Section cannot be made, the
Approval Authority may deny an application for a Concession, Incentive, waiver or modification
only if it makes one of the following written findings, supported by substantial evidence:
(i) The Concession, Incentive, waiver or modification is not required to
provide for Affordable Rents or Affordable Sales Prices; or
(ii) The Concession, Incentive, waiver or modification would have a specific,
adverse impact upon public health or safety or the physical environment or
on real property listed in the California Register of Historic Resources, and
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the Development unaffordable to Low
and Moderate Income households. For the purpose of this subsection,
"specific adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, written public health or
safety standards, policies, or conditions as they existed on the date that the
application for the Development was deemed complete; or
(iii) The Concession, Incentive, waiver or modification is contrary to state or
federal law.
[Provisions required by State law are highlighted for reference]
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(c) If the Approval Authority is not the City Council, any decision denying a Density
Bonus, Incentive, Concession, waiver, modification or revised parking standard may be
appealed to the City Council within fourteen days of the date of the decision.
18.15.100 Regulatory Agreement
(a) Applicants for a Density Bonus, Incentive, Concession, waiver, modification or
revised parking standard shall enter into a Regulatory Agreement with the City. The terms of
the draft agreement shall be approved as to form by the City Attorney and reviewed and
revised as appropriate by the Director of Planning and Community Environment, who shall
formulate a recommendation to the Approval Authority for final approval.
(b) Following execution of the agreement by all parties, the completed Density
Bonus Regulatory Agreement, or memorandum thereof, shall be recorded and the conditions
filed and recorded on the Development.
(c) The approval of the Regulatory Agreement shall take place prior to tentative
map approval, and recordation shall take place prior to final map approval, or, where a map is
not being processed, prior to approval of the final Discretionary Permit. The Regulatory
Agreement shall be binding to all future owners and successors in interest.
(d) The Regulatory Agreement shall be consistent with the guidelines of the City’s
Below Market Rate Program and shall include at a minimum the following:
(i) The total number of dwelling units approved for the Development,
including the number of Restricted Affordable Units;
(ii) A description of the household income group to be accommodated by the
Restricted Affordable Units, and the standards for determining the
corresponding Affordable Rent or Affordable Sales Price;
(iii) The location, dwelling unit sizes (square feet), and number of bedrooms of
the Restricted Affordable Units;
(iv) Term of use restrictions for Restricted Affordable Units of at least 59 years
for Moderate Income units and at least 30 years for Low and Very Low
units;
(v) A schedule for completion and occupancy of Restricted Affordable Units;
[Provisions required by State law are highlighted for reference]
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140102 jb 0131158 Rev. January 7, 2014
(vi) A description of any Concession, Incentive, waiver, modification, or revised
parking standard, if any, being provided by the City;
(vii) A description of remedies for breach of the agreement (the City may
identify tenants or qualified purchasers as third party beneficiaries under
the agreement); and
(viii) Other provisions to ensure implementation and compliance with this
Section.
SECTION 3. CEQA. The proposed Ordinance revises the requirements for
granting a residential density bonus to comply with revisions to Government Code
Section 65915 enacted by the Legislature through the adoption of Senate Bill 1818.
Adoption of the draft density bonus codifies allowances that developers have been able
to use in housing developments since 2005. Further, the revisions modify the criteria
and incentives offered to qualifying developments but do not authorize construction not
already permitted under the City’s existing codes. Also, it is uncertain how many project
applicants will seek to utilize the provisions of State law and this Ordinance and where
such projects might be located in the City. Further, each individual project will be
subject to its own environmental review. Consequently, this ordinance is exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of Title 14 of the California Code of Regulations since it can be seen
with certainty that there is no possibility the adoption and implementation of this
Ordinance may have a significant effect on the environment.
SECTION 4. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given
effect without the invalid provision or application and, to this end, the provisions of this
Ordinance are hereby declared to be severable.
/ /
/ /
/ /
/ /
/ /
/ /
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[Provisions required by State law are highlighted for reference]
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140102 jb 0131158 Rev. January 7, 2014
SECTION 5. This ordinance shall be effective on the thirty-first date after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Assistant City Attorney City Manager
____________________________
Director of Planning &
Community Environment
CITY COUNCIL
ELT MOTIONS Attachment C
1 January 13, 2014
Special Meeting
January 13, 2014
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:03 P.M.
Present: Berman, Burt, Holman, Klein, Kniss, Price arrived @ 7:00 P.M.,
Scharff, Schmid, Shepherd
Absent: None
Action Items
14. Public Hearing: On Objections to Weed Abatement and Adoption of
Resolution Ordering Weed Nuisance Abated.
MOTION: Council Member Berman moved, seconded by Council Member
Price to adopt the resolution ordering the abatement of weed nuisances in
the City of Palo Alto.
MOTION PASSED: 9-0
15. Public Hearing: Ordinance to Amend Sections 18.04.030 (Definitions),
18.16.060 (CN Zone), 18.18.060 (CD Zone), 18.20.030 (ROLM(E)
Zone) and Add Section 18.46 (Reasonable Accommodation) of Title 18
(Zoning) of Palo Alto Municipal Code to Implement 2007-2014 Housing
Element Programs.
16. Public Hearing: Council Review and Adoption of an Ordinance for a
New Chapter 18.15 (Residential Density Bonus) to include in Title 18
of the Palo Alto Municipal Code to Implement Government Code
Section 65915.
SUBSTITUTE MOTION: Council Member Scharff moved, seconded by
Council Member Burt to adopt an Ordinance to implement five programs in
the City’s Housing Element by amending Title 18 (Zoning) of the Palo Alto
Municipal Code (PAMC) to make the following changes:
1. Amend Section 18.04.030 (Definitions) to add definitions for
Emergency Shelter, Supportive Housing and Transitional Housing to
comply with the definitions found in State law and to conform to the
2 January 13, 2014
requirements of Government Section Code 65583.
2. Amend Section 18.16.060 (Development Standards for CN, CC, and CS
Districts) to increase the density for residential projects in the CN zone
district from 15 units per acre to 20 units per acre for CN parcels in
Housing Inventory Sites list of the Housing Element.
3. Amend Section 18.20.030 (Land Uses for MOR, ROLM, ROLM(E), RP
and GM Districts) to add Emergency Shelters for the Homeless as a
permitted use in the portion of the ROLM (E) District located east of
Highway 101, and to establish performance and design standards for
emergency shelters as outlined in the Palo Alto Quality Assurance
Standards for Emergency Shelters (Attachment B).
4. Add Chapter 18.46 (Requests for Reasonable Accommodation for
Accessibility) to establish a process for persons with disabilities to seek
a modification to the zoning regulations to eliminate regulatory
barriers to providing housing for persons with a disability as required
by State law. Typical improvements that would be considered for
reasonable accommodation provisions include ramps, walls, handrails,
elevators or lifts, or similar physical improvements necessary to
accommodate a person’s disability.
5. Revise Section 18.16.060(c) (CN zoning) and 18.18.060(c) (CD
zoning) to be consistent with the current Housing Element which does
not allow exclusive residential uses for identified parcels in the Housing
Element.
Furthermore, refer to Planning and Transportation Commission to
reduce the FAR in the CN Zone for sites identified in the Housing
Inventory and should consider retail proportion of the FAR including
ground floor retail requirements.
SUBSTITUTE MOTION PASSED: 8-1 Klein, Schmid no
MOTION: Council Member Holman moved, seconded by Vice Mayor Kniss to
approve Staff recommendation that the Council adopt an Ordinance for a new chapter 18.15 (Residential Density Bonus) to include in Title 18 of the
Palo Alto Municipal Code, implementing Government Code Section 65915 in
accordance with State Law. Furthermore to delete section 18.15.050(f).
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER TO decrease FAR to 25% not 50% on subsection
(iv) on packet page 522.
MOTION AS AMENDED PASSED: 8-1 Klein no
Adjournment: The meeting was adjourned at 11:09 P.M.
CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
January 27, 2014
The Honorable City Council
Palo Alto, California
Request for Authorization to Increase Existing Contract with the Law
Firm of Ginn & Crosby by an Additional $135,000 For a Total Contract
Not to Exceed Amount of $200,000 for Legal Services
Recommendation
The City Attorney's Office requests authorization to increase and amend the existing
contract with the law firm of Ginn & Crosby, LLP, Attorneys at Law, by an additional $135,000
for legal services relating to construction of the Mitchell Park Library and Community Center.
In November 2012, the City retained Ginn & Crosby to provide consultation and advice
relating to construction issues arising at the Mitchell Park Library and Community Center
project. The initial contract was amended to bring the total contract not to exceed amount to
$65,000. Additional funding is needed and the Office of the City Attorney requests
authorization to amend the existing contract to add an additional $135,000 for a total contract
not to exceed amount of $200,000.
Funding for this contract amendment does not require additional budgetary authority as
it can be accommodated within the Mitchell Park Library and Community Center New
Construction (PE-09006) Capital Improvement Project budget for FY 2014.
Department Head: Molly Stump, City Attorney
Page 2
City of Palo Alto (ID # 4432)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/27/2014
City of Palo Alto Page 1
Council Priority: Environmental Sustainability
Summary Title: Ameresco San Joaquin LLC Contract Amendment No. 2
Title: Approval of Amendment No. 2 to the City's Power Purchase Agreement
with Ameresco San Joaquin, LLC to Extend the Landfill Gas Electric
Generating Facility's Commercial Operation Date to April 30, 2014 Upon
Receipt of a $120,000 Administrative Payment
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached amendment (Attachment A) to the Power Purchase Agreement (PPA) with
Ameresco San Joaquin LLC (San Joaquin) to extend the landfill gas electric generating facility’s
Commercial Operation Date deadline to April 30, 2014, upon receipt of a $120,000
administrative payment from San Joaquin to the City.
Executive Summary
The City signed a 20-year PPA with San Joaquin for a landfill gas electric generating facility (“the
Project”) and San Joaquin has informed the City that the Project will miss its Commercial
Operation Date (“COD”) deadline.
The PPA with San Joaquin included a milestone for the Project to achieve its COD by November
23, 2013, but San Joaquin reported that interconnection delays have caused the COD to be
delayed beyond that date. In October, San Joaquin asked the City to extend the COD and on
November 18, 2013, Council approved Amendment No. 1 to the PPA to extend the COD to
January 31, 2014. On January 7, 2014, San Joaquin notified staff that further interconnection
delays will likely cause the Project to be delayed beyond January 31, 2014, and requested an
additional extension. Staff recommends that the City amend the PPA to accommodate this
request, in exchange for an administrative payment from San Joaquin to the City of $120,000.
City of Palo Alto Page 2
When operational, the San Joaquin project will provide about 3% of the City’s total electric
needs and increase the City’s percentage of renewable resources from 21% to 24% of its total
needs.
Background
In May 2010, Council approved the PPA with San Joaquin to obtain all of the electric output of a
landfill gas electric generating facility over a 20-year term (Resolution 9055, CMR 226:10).
The PPA listed several project development “milestones” and established deadlines for their
completion. The milestones included: obtaining site control, obtaining all necessary permits,
executing an interconnection agreement with the owner of the local transmission and
distribution system, Pacific Gas and Electric Company (PG&E), obtaining construction financing,
starting construction, and achieving commercial operation. In the event that San Joaquin failed
to meet any of these development milestones, the PPA provided that Palo Alto could assess
liquidated damages against San Joaquin, and, in some instances, terminate the contract.
At the time the City executed the PPA in 2010, San Joaquin indicated that the plant was
expected to achieve commercial operation in January 2013. The contractual deadline for
achieving COD, however, was originally set to be November 23, 2013. In October 2013, San
Joaquin informed the City that the Project was almost ready to begin operating, but that it was
being held up by PG&E, which was delayed in completing a backlog of projects to interconnect
to the electric grid. Therefore, at San Joaquin’s request, on November 18, 2013, the Council
approved Amendment No. 1 to the PPA, in which the contractual COD deadline was extended
to January 31, 2014, and the City waived its right to collect liquidated damages for the
approximately two month delay in the Project achieving commercial operation beyond the
original COD deadline (Staff Report ID 4218).
Discussion
According to San Joaquin, the facility is fully permitted, San Joaquin has an executed small
generator interconnection agreement (SGIA) with PG&E, and construction of the facility was
substantially complete as of July 2013. Since that time, San Joaquin reports that the only
obstacle preventing the Project from achieving commercial operation is the failure of PG&E,
AT&T and Verizon to complete the necessary work to connect the facility to a nearby electrical
substation and to allow the facility and the substation to communicate with the electric grid
operator.
City of Palo Alto Page 3
Section 7.4(c) of the PPA states that failure to achieve the COD deadline results in San Joaquin
becoming liable for liquidated damages of approximately $28,500 for each month the COD is
delayed beyond the contractual deadline. In November 2013, staff recommended that Council
approve an extension of the COD deadline to January 31, 2014, and waive its right to seek
liquidated damages for that delay period. Staff’s recommendation at that time was based
primarily on reliance on San Joaquin’s claims that the delayed COD was due to PG&E’s inability
to complete the interconnection upgrade work in a timely manner.
At that time, San Joaquin provided assurances that the delay would not extend past January 31,
2014; however, on January 7, 2014, San Joaquin notified staff that the progress made by PG&E,
AT&T and Verizon on completing the work for electrical interconnection of the plant has been
considerably slower than San Joaquin originally anticipated. As such, San Joaquin has
requested an additional three-month extension of the COD deadline.
Due to the significant amount of time staff has spent negotiating and seeking approval for these
two contract amendments, and in consideration of the harm the City has suffered as a result of
the Project’s COD delay, staff negotiated with San Joaquin for the City to receive an
administrative payment of $120,000 in exchange for the approval of this additional three-
month extension of the contractual COD deadline.
If approved by Council, this second amendment will only become effective upon the City’s
receipt of the full administrative payment by the January 30, 2014 deadline. The City rejects
San Joaquin’s claim that its failure to meet the COD is the result of a “force majeure” event
under the PPA, entitling it to up to a six-month extension of the COD deadline. If San Joaquin
fails to timely submit the payment, San Joaquin will be in default of its contractual obligations
and will be liable for liquidated damages of approximately $28,500 for each month that the
COD is delayed. The contract permits the City to terminate the agreement if San Joaquin fails
to pay the monthly liquidated damages during the delay period following the current COD.
If Council declines to approve this second amendment and the Project misses the current COD
deadline as expected, San Joaquin will be in default. San Joaquin represents that under the
terms of its financing agreement for this facility (an agreement to which the City is not a party),
if it defaults on the PPA its lender would require San Joaquin to immediately repay its
construction loan in full, resulting in approximately $100,000 of financial harm to San Joaquin.
Resource Impact
Approving the recommendation will result in the City receiving a payment of $120,000 from San
Joaquin as compensation for the administrative effort required to approve two contract
amendments and the harm suffered due to the delay in the Project’s COD to April 30, 2014.
City of Palo Alto Page 4
Not approving the recommendation would likely lead to San Joaquin being in default of its
contactual obligations, and the City would seek liquidated damages of approximately $28,500
per month for any delays beyond the current January 31, 2014, COD deadline.
Policy Implications
This recommendation does not represent any change to existing City policies.
Environmental Review
Approval of the second amendment to the Ameresco San Joaquin LLC contract does not meet
the definition of a project, pursuant to Section 21065 of the California Environmental Quality
Act (CEQA).
Attachments:
Attachment A: Amendment (PDF)
130121 dm 6052050 1
AMENDMENT NO. 2 TO POWER PURCHASE AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
AMERESCO SAN JOAQUIN, LLC
This Amendment No. 2 (“Second Amendment”) to the Power Purchase Agreement dated May 3,
2010 (“Agreement”) is entered into as of _________________________, 2014, by and between the
CITY OF PALO ALTO, a California chartered municipal corporation of the State of California (“CITY”
or “BUYER”), and Ameresco San Joaquin LLC, a Delaware Limited Liability Company, located at 111
Speen Street, Suite 410, Framingham, MA 01701 (“San Joaquin” or “SELLER”).
R E C I T A L S
1. The Agreement was entered into between the parties for the sale of energy to BUYER
from SELLER’S Landfill Gas electric generating facility to be located at the Foothill Sanitary Landfill;
2. SELLER wishes to extend for a second time the Commercial Operation Date for the
Landfill Gas electric generating facility to April 30, 2014;
3. BUYER has agreed to the extension SELLER has requested, conditioned upon receipt of
an administrative payment offered by SELLER to provide adequate consideration to compensate
BUYER for financial and other harm suffered as a result of the delayed Commercial Operation Date,
which is difficult and impractical to quantify at this time, including, without limitation, BUYER’s
estimate of staff time spent negotiating and seeking approval for the two amendments SELLER has
sought to date; and because the Parties agree the delay is not a Force Majeure Event under the
terms of the Agreement.
In consideration of the covenants, terms, conditions, and provisions of this Second
Amendment, the parties agree:
SECTION 1. Section 4.3(b)(v) is amended to read as follows:
(v) By April 30, 2014, Seller shall have achieved the Commercial
Operation Date.”
SECTION 2. Section 7.4(e) is hereby added to the Agreement as follows:
(e) Administrative Payment. No later than 4pm Pacific Standard Time
on January 30, 2014, SELLER agrees to remit to BUYER a payment of one
hundred twenty thousand dollars ($120,000) to the following account:
Bank: Wells Fargo Bank, N.A.
Bank Routing Number: 121 000 248
Account Number: 412 107 6145
Beneficiary Account Name: City of Palo Alto
Type of Account: Checking
Bank Address, City, State: 420 Montgomery Street
San Francisco, CA 94104
Federal Tax ID #: 94 6000 389
130121 dm 6052050 2
SECTION 3. This Second Amendment shall not become effective or enforceable unless
and until SELLER remits the Administrative Payment identified in Section 2 of this Second
Amendment to BUYER by January 30, 2014.
SECTION 4. BUYER’s extension of the Commercial Operation Date in this Second
Amendment shall not be construed as (a) a waiver or relinquishment of any of BUYER’s rights or
SELLER’s obligations under the terms and conditions of the Agreement; or (b) BUYER’s agreement
that SELLER’s delay in achieving the Commercial Operation Date constitutes a Force Majeure Event
under the terms of the Agreement.
SECTION 5. Except as modified by this Second Amendment, all other provisions of the
Agreement, including any exhibits and subsequent amendments, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed
this Second Amendment on the date first above written.
CITY OF PALO ALTO
APPROVED AS TO FORM:
__________________________
Senior Deputy City Attorney
APPROVED:
__________________________
Director of Utilities
____________________________
City Manager
AMERESCO SAN JOAQUIN, LLC
By:___________________________
Name:_________________________
Title:__________________________
By:____________________________
Name:_________________________
Title:___________________________
City of Palo Alto (ID # 4376)
City Council Staff Report
Report Type: Action Items Meeting Date: 1/27/2014
City of Palo Alto Page 1
Summary Title: Policy Direction of RPP Framework
Title: Council Review and Policy Direction to Staff on the Residential Parking
Permit Program Framework (Continued from December 16, 2013)
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council review and provide direction on a proposed conceptual
framework for the establishment of RPP (Residential Preferential Parking) districts. The
conceptual RPP framework outlines the process and evaluation criteria necessary for
establishment of RPP districts, as well as key implementation issues that would have to be
resolved during establishment of individual RPP districts. Specific policy questions have been
highlighted for Council consideration and direction.
Note: The proposed framework is conceptual and should be discussed at a policy-level. Some
Council members and staff may be precluded from participating in more specific discussions
regarding individual RPP districts.
Executive Summary
In the past few years, community concern about parking supply and traffic congestion in Palo
Alto’s downtown and neighborhoods has reached critical levels. Council listed “The Future of
Downtown and California Avenue: Urban Design, Transportation, Parking, and Livability” as a
top priority for the year 2013, and the City has been actively engaged on initiatives related to
managing/increasing parking supplies as well as promoting alternative modes of transportation.
Establishment of an RPP program can be seen as part of these initiatives, since it would better
manage parking supplies and encourage commuters to use travel modes such as transit,
carpooling, or bicycling.
City of Palo Alto Page 2
The objective of an RPP program is to preserve a neighborhood’s
quality of life by ensuring adequate parking for neighborhood
residents. The RPP framework must acknowledge, however, that in
some neighborhoods of the City, existing businesses and employees
currently rely on street parking to supplement available parking lots
and garages, and the process for establishing RPP districts must
address this issue.
The proposed RPP framework outlines the process neighborhoods
would follow to establish an RPP district and contains:
1. Suggested criteria for creation of neighborhood RPP districts;
2. A suggested process for establishment of neighborhood RPP districts, including data
collection and community engagement requirements; and
3. A list of key issues that will have to be resolved during RPP implementation, including
the cost of permits, the extent of enforcement, and the appropriate supply of permits
for residents and non-resident employees.
A summary of community perspectives, existing RPP programs, and examples from other
jurisdictions is provided below, followed by a discussion of a possible RPP framework. Based on
Council’s review and direction, staff is prepared to develop a draft ordinance setting forth the
RPP framework for additional community input, review by the Planning and Transportation
Commission and consideration by the Council during the first quarter of 2014. As currently
envisioned, the RPP framework would have to be adopted before individual neighborhoods
could apply to establish an RPP, although the Council could direct staff to work in parallel on a
priority district(s), if there is general agreement on the conceptual framework. Also, as
currently envisioned, the cost of implementing neighborhood parking restrictions would be
fully offset by permit and citation revenues, although this is mostly conceptual at this point.
Background
The City Council has directed staff to assess a variety of transportation and parking initiatives
for implementation in the last year. These initiatives include transportation demand
management (TDM) strategies aimed at promoting the use of alternatives to solo driving and
reducing traffic and parking demand. Parking management, including establishment of an RPP
Framework can be seen as a TDM strategy, complementing other efforts such as:
1. Car share program in downtown lots and garages
2. Satellite parking lots outside of downtown with expanded shuttle service
3. Expansion of Palo Alto’s shuttle program to better support local and commuter routes
Quality of life
issue
Part of larger
transportation
strategies
Community
process with
neighborhood
and business
involvement
City of Palo Alto Page 3
4. Improved bike infrastructure and bike-sharing options
5. Transportation Management Authority (TMA) consideration to help identify grant
opportunities and build public-private partnerships aimed at shifting commuters to
alternative transportation modes
6. Use of technology, including employee car pool/share mobile app
Establishment of an RPP framework can also be viewed in the context of strategies aimed at
addressing parking supply issues. These include:
1. Parking study to identify opportunities for new parking garages.
2. Attendant parking for downtown garages to expand permit parking supply
3. Permit management modifications to allow the temporary transfer of permits between
employees
4. Technology enhancements to support parking guidance systems and permit
management strategies
5. Consideration of paid parking in commercial districts
6. Elimination of zoning exemptions for new development
An update on the City’s ongoing initiatives can be found in Attachment A: Ongoing Parking and
Transportation Demand Management Initiatives.
RPP History in Palo Alto
In 1996 Council approved a staff recommendation to conduct a survey of residential areas in
the downtown proximity to determine whether parking saturation was a concern. While the
results of the survey did not show obvious resident support for a downtown RPP District, many
residents noted an increase in the difficulty of parking compared to previous years. In 2001
staff requested approval of an RPP framework which would coincide with the opening of new
parking garages downtown. Council directed staff to develop a program showing permits that
would have no annual cost to residents, provide 2-hour free parking for visitors and charge an
annual fee for non-residents who wished to purchase them. However, the framework was
ultimately not adopted.
As downtown development continued to expand and Palo Alto’s neighborhoods became more
concerned about employee and commuter parking, resident support for an RPP district within
the downtown area grew. In 2011 and 2012, staff explored implementing a trial RPP in the
Professorville neighborhood, but the effort was halted in July of 2012 when Council
recommended focusing on other parking management strategies including attendant parking,
garage capacity analysis, zoning exemptions and others. The City made some progress on those
initiatives, although much more remains to be done. (See Attachment A.)
City of Palo Alto Page 4
Although the trial Professorville RPP was not implemented, in the fall of 2012 and the spring of
2013 there was significant community support to continue to examine a Downtown-focused
RPP district which would limit employee commuters from parking all day in neighborhoods.
Staff held parking meetings for downtown residents and business leaders in the summer and
fall of 2013 to get feedback on a proposed downtown RPP district, which extended from Palo
Alto Avenue to Embarcadero and from Guinda to Alma.
This initial proposal, which eventually led to the current, broader discussion of a Citywide RPP
framework, allowed residents of neighborhoods in the immediate vicinity to express support
for RPP District implementation near the downtown, voicing the following perspectives:
1. Commuter parking intrusion into certain areas, specifically Evergreen Park and
Downtown North, is making it regularly impossible for some residents to park next to
their homes during normal business hours.
2. Increased office employment densities and increased food service uses have resulted
in greater parking demand, despite limited development during the economic
downturn.
3. Upcoming development projects will bring more people to downtown and employees
will spill over into the residential parking areas.
4. The City has not built new parking garages since 2003, and there is not enough
downtown parking to accommodate all of the employees. Also, some existing parking
garages may not be at capacity because free on-street parking is available in adjacent
neighborhoods.
At the same time, business leaders expressed concerns about RPP near downtown, voicing the
following perspectives:
1. The economic vitality of Palo Alto’s downtown depends on the availability of parking
for customers and employees, and an RPP Program, if implemented without other
measures first, will be very detrimental.
2. Low-wage employees of small businesses cannot afford the costs of permits for their
employees, and there are currently not adequate alternative transportation modes
available to support local businesses.
3. There will be nowhere for employees to park if RPP is implemented since there is
currently limited permits available for downtown lots and garages.
4. Employees will relocate to short term spaces, moving their cars every two hours, and
customers will not have places to park.
City of Palo Alto Page 5
Attachments B and E contain a selection of comments and data submitted by interested
residents and businesses during the past couple of months.
Currently, the only formal RPP District in Palo Alto exists in the College Terrace neighborhood
adjacent to Stanford University and the California Avenue Business District. Crescent Park has a
permit parking program which allows permit-holders to be exempt from overnight parking
restrictions, but this is not the same as an RPP designed to address neighborhood intrusions by
employees during regular business hours. The neighborhood programs in College Terrace and
Crescent Park are not the result of a consistent RPP framework process and are considered
predecessors to a more formalized approach.
College Terrace Neighborhood
The College Terrace RPP District was enacted in 2009 due to concern about Stanford staff and
students parking in this neighborhood, and later parking by Facebook’s employees from 1601
California Avenue. As a condition of approval for Stanford's 2000 General Use Permit, seed
money was provided to the City to support a Residential Parking Permit Program in the College
Terrace neighborhood. The RPP is neighborhood-wide; however individual blocks can opt out of
the program by providing a petition process with 51% of the addresses on the block in favor of
opting out.
The College Terrace RPP program allows one residential parking permit to be purchased for
each vehicle of a household owner at a cost of $40 annually. Each resident can also purchase up
to two reusable guest permits. The guest permits are available only for a household that has
purchased at least one resident parking permit; this allowance provides accessibility for
resident services in the neighborhood as well as for guests of the household. Guest passes are
provided per household rather than per vehicle ownership, and are designed to hang from the
rear view mirror. The program enforcement period is Monday-Friday, between 8:00am and
5:00pm. No business or employee permits are made available.
The program allows permit holders to use on-street parking at any time, while vehicles without
a permit may park for only up to 2 hours during the enforcement period within the same street
block. All vehicles may use on-street parking outside of this period.
Currently the College Terrace RPP District operates at a loss; the annual revenue received from
residential permits and citations does not cover the annual operating expense for the program
including enforcement, revenue collections and signage maintenance.
Crescent Park Neighborhood
City of Palo Alto Page 6
The Crescent Park permit program was initiated as a response to resident concerns about non-
Palo Alto residents parking within the neighborhood. Staff proposed that a no-overnight
restriction could be implemented to eliminate parking from outside sources, and in the summer
of 2013 Council approved a trial No Overnight Parking (2AM-5AM) program with a provision for
residents to purchase up to two (2) permits per household. The permits exempt residents from
the no overnight parking restrictions and cost $100 each. Permit revenues were intended to
significantly offset enforcement expenses, although enforcement is by request only, which
minimizes the operations cost of the program to the City.
At the time of the adoption of the Crescent Park program, Council identified several pre-
approved street blocks which have the option to opt into the program. Currently, most of the
street blocks have done so. If a specific block from the pre-approved street list wishes to add
itself to the permit district, Staff provides a Petition Request to the resident. A 50% response
rate to the petition is requested from the block stating that they desire a permit program to be
implemented. Staff then initiates a postal survey to confirm the results of the petition, and if
70% of the respondents are in favor of the program, the street block is included within the trial
program. If a block which has not been pre-approved for addition to the permit program
requests to be included, the request would need to be considered by Council via a resolution.
Since the start of the trial program several additional street have successfully opted into the
program. An updated program map of the Crescent Park permit program is provided in
Attachment C.
RPP Summary: Other Jurisdictions
Many other cities across the state, peninsula and within the Bay Area have RPP programs to
alleviate impacts from non-resident parking. A summary of some RPP programs are outlined
below:
1. City of Santa Monica: The City of Santa Monica allows purchase of up to four residential
permits per address, and scales the cost from $20 to $60 depending on how many
permits are purchased. Non-residential permits are not available for purchase except on
a case-by-case basis.
2. City of Santa Cruz: The City of Santa Cruz charges $25 per permit for residents and $240
per permit for commercial businesses. However, the purchase of a permit for non-
residents is only allowed if 60% of the parking occupancy of a street block is vacant
based on City occupancy data. Only two non-residential spots per block are allowed, and
these spots are restricted to daytime hours.
3. City of Berkeley: Certain businesses within a designated Merchant Permit Range may
purchase only one permit annually. Rates are $125, while the resident permits cost $45.
Exceptions are made to the rule on merchant permits on a case-by-case basis.
City of Palo Alto Page 7
4. City of San Francisco: In San Francisco, rates for both businesses and residents are $109
per permit within any of its RPP Districts. For businesses, only one parking permit for a
personal vehicle per postal address is allowed.
5. City of San Jose: Permits are sold to both residents and non-residents in San Jose at $33
per permit. San Jose also offers Guest Permits to all residents in each zone. Some zones
have to pay for their Guest pass while other zones get them for free (several RPP zones
in San Jose do not charge at all for a residential parking permit because of how the
program was initiated.) San Jose also has Single Use Permits that are free in each zone,
which can be used for a maximum of three days.
6. City of Los Gatos: Permits are sold to residents of six residential districts in Los Gatos at
$39 per permit. In one commercial district, permits may be purchased for the same
price by non-residents.
7. City of San Mateo: The City of San Mateo RPP is funded through the revenue generated
from parking citations and provides permits free to residents. When the program was
initiated, the City conducted an evaluation which determined that there were sufficient
funds being collected by the citation revenue to cover the costs of the program. The
citation revenue goes into the General Fund, but the City has not confirmed recently
whether citation revenues are still covering the costs of the program.
See Attachment D for a table comparing the characteristics of some of these RPP programs.
Discussion
Staff is requesting direction on a conceptual, City-wide RPP framework consisting of (a)
suggested criteria for establishment of RPP districts; (b) a suggested process for establishment
of neighborhood RPP districts; and (c) a list of key implementation issues that would need to be
addressed for each new RPP district, with different implications in terms of timing,
enforcement, and cost. Based on Council’s direction, staff would prepare a draft ordinance for
public input, Planning and Transportation Commission review, and formal consideration by the
City Council. Elements of the conceptual framework are described below:
Criteria for Establishment of RPP Districts
Staff suggests three criteria for establishment of a neighborhood RPP; all three criteria would
have to be met for an RPP proposal to be adopted by the City:
a. First, there would have to be an identified source of non-resident parking
intrusion within the neighborhood. If there is an identified residential source of
intrusion (e.g. from an adjacent neighborhood), this criterion would not be met,
City of Palo Alto Page 8
although the RPP Framework could allow for some flexibility with an exception
for “special circumstances.”
b. Secondly, the average occupancy on the streets in the proposed RPP District
during the period of concern would have to be
at least 75%. Periods of concern will generally
consist of peak periods during regular business
hours. The RPP framework could establish a
specific period of concern, or could allow for
flexibility.
c. Finally, at least two-thirds of the neighborhood
residents would have to support establishment of the RPP District, including the
proposed cost of permits and level of enforcement.
Community input and Council direction on these potential criteria would be appreciated. In
particular, does the 75% occupancy standard provide an appropriately high bar that is
adequately protective of the neighborhood quality of life?
Process for Establishment of RPP Districts
Staff suggests a five step process for the establishment of a neighborhood RPP District. Each of
these steps is listed below with a brief description.
Community input and Council direction on this five step
process would be appreciated.
Staff is particularly interested in some direction regarding
prioritization of RPP requests (Step 1), since it would probably be infeasible for staff (or the PTC
and Council) to undertake data collection/analysis and community outreach related to more
than one or two potential RPP districts at one time. In particular, if the initial focus is to be on
downtown neighborhoods, staff would not have the resources to process requests from other
neighborhoods at the same time.
1. Prioritization and Petitions. Neighborhood residents interested in establishing an RPP
district would be required to submit an initial request for assistance from the City’s
Department of Planning and Community Environment for prioritization and
development of petitions for the collection of resident
signatures. The RPP Framework should either
establish priorities, or indicate the decision makers
(e.g. Planning Director, PTC, etc.) who will do so.
Is 75% Occupancy the
Appropriate Standard
for Establishment of
an RPP District?
Five Step Process for
consideration of new
RPP districts
How should RPP district
requests be prioritized
for consideration by the
City?
City of Palo Alto Page 9
Once a request for establishment of an RPP district is prioritized for consideration, a
city-generated petition form and a map showing potential boundaries for the proposed
RPP District would be used to ensure consistency. The petition would also include a
description of the area and possible restrictions/costs to help neighborhood organizers
educate residents on the benefits and impacts of an RPP District. (Note that staff would
assist neighborhood residents with preliminary boundaries and possible
restrictions/costs, but these would be subject to change during the process of
establishing the RPP District.) At the same time, neighborhood organizers would be
required to consult with representatives from the businesses or uses that are thought to
be the source of non-resident parking. City staff could facilitate this consultation.
2. Data Collection & Analysis. Once the City receives a petition demonstrating support
from 50% of neighborhood residents, as well as evidence of consultation with the
potential source(s) of non-resident parking, the City would conduct a parking occupancy
survey to evaluate various periods of concern and district boundaries. While resident-
collected parking occupancy data would be accepted as a justification to prioritize
consideration of the district, the City will require an independent consultant under
contract to determine if the occupancy criteria of 75% has been met, as well as the
recommended district boundaries and restrictions. Occupancy surveys will be
completed during normal traffic data collection periods when schools in the Palo Alto
Unified School District and Stanford University are in session. Data will not be collected
on city holidays, Mondays, Fridays, summer recess from schools, and periods of
inclement weather. The City may also collect parking occupancy data beyond the
proposed RPP District boundary to help evaluate potential impacts of the RPP District if
implemented.
Concurrently, staff will send a post card survey that includes the potential boundaries
and costs of the proposed RPP district to validate neighborhood support. Each
household will be asked to submit one response. A super majority (70%) support from
returned surveys must be received in order for the RPP District to be considered further,
with at least a 50% response rate. Staff may also elect to use an online survey rather
than a postal survey but one only one vote per household will be used. This is consistent
with the methodology used in the modified Crescent Park No Overnight Parking
program.
To conclude the data collection and analysis phase, Staff would consider whether a
proposed RPP would have any impacts requiring review under the California
Environmental Quality Act. It is anticipated that districts would be structured to avoid
such impacts, however the City will assess potential district boundaries, spill-over traffic
and parking impacts, and indirect physical environmental impacts that may need to be
addressed.
City of Palo Alto Page 10
3. Community Outreach & PTC Recommendation. City staff will organize a community
outreach meeting with residents of the proposed RPP district boundary, the residents of
any adjacent districts and, if possible, with the businesses and commuters thought to be
the source of parking intrusion into the neighborhood. The purpose of community
outreach will be to provide information to residents who may not have participated in
the petition process, as well as to share the findings from parking occupancy studies,
recommended restrictions, permit costs, and a tentative implementation schedule.
Following the community outreach meeting and any necessary adjustments, City staff
will request that the Planning & Transportation Commission (PTC) review and make a
recommendation to the City Council. The PTC may make a recommendation to the City
Council immediately based on testimony at their hearing, or may require a second
community outreach meeting with residents and affected businesses/commuters prior
to making a recommendation. The PTC may also require resident-leaders to solicit
additional petition signatures to further expand the proposed RPP District boundary.
4. City Council Approval on a Trial Basis. Once the PTC has made a recommendation, the
City Council will hold a public hearing and consider establishment of the RPP District for
a trial evaluation period based on the criteria presented above. Implementing the
district for a trial period will allow the neighborhood and the City to assess the
effectiveness of the parking restrictions, and to gauge any unintended consequences or
boundary adjustments that are needed. (See below for more discussion regarding
implementation questions.)
5. Monitoring and Final Adoption. During the trial period, additional parking occupancy
data will be collected and City staff will send a follow-up post card survey to solicit
public input for permanent retention or removal of the trial RPP district. City Staff will
present the results of the survey and monitoring data to the City Council for
consideration of permanently establishing the RPP district after the trial period.
RPP Implementation Questions
As part of the decision to establish an RPP district, the City will need to obtain community input
and resolve several key implementation questions:
1. How many residential and non-residential permits will be issued and how will they be
distributed?
2. How will the program be rolled out, and what concurrent or prerequisite actions will be
taken to address the needs of displaced employees?
City of Palo Alto Page 11
3. What will permits cost, what will the cost-recovery level/General Fund subsidy be for
the program, and what level of enforcement will be used?
All of these questions are interrelated and answers are likely to vary somewhat by district.
Residential Permits. Staff anticipates that most RPP districts would entitle residents living in
the district to purchase one permit for each vehicle registered at their address, with a limit of
two permits per household. There may be districts in which this is not the case, and certain
restrictions may be appropriate for multi-family residential developments that provide
structured parking for their occupants.
Residents would be required to provide the California license
plate information for each vehicle within their household to
assist with parking enforcement and any resident living within
an RPP district could also purchase a number of day passes to
support daytime events within their household.
The following application requirements are suggested for residents to obtain a permit within a
designated RPP district:
(a) Applicants must demonstrate they are currently a resident of the area for which the
permit is to be issued by providing documentation with their address as part of the
application. Documents may include:
a. Copy of City of Palo Alto Utilities bill
b. Current vehicle insurance policy
c. Bank statement or pre-printed check with the resident’s name and address
d. Rental/lease agreement
(b) Applicants must demonstrate ownership or continuing custody of the motor vehicle
receiving the permit, either by proof of vehicle registration or other DMV document.
(c) Any motor vehicle to be issued a permit must have a vehicle registration indicating
registration at the address for which the permit is to be issued.
Residents could apply for permits either in person at the Revenue Collections office at City Hall,
or online via the City of Palo Alto online permit management system.
Two permits per
household, guest
passes, and application
requirements
City of Palo Alto Page 12
Employee Permits. Parking intrusion by non-resident cars in residential neighborhoods is
occurring for a variety of reasons, including demand from Caltrain commuters, students, and
employees of nearby businesses who are unable to park at or nearer their workplace.
The City has an interest in accommodating employees who
may be displaced with the implementation of a strict RPP
program by providing the employees with alternatives, or by
making some permits available to employees who work in the
immediate vicinity.
This could mean phasing-in the RPP program while other parking options or TDM programs are
implemented. Under this limited, phase-in approach, the City Council would specify programs
or improvements required prior to RPP implementation. When those requirements are met,
permits would be issued to residents only, confirming the actual residential parking demand.
Then a limited number of permits could be released for employees based on the determined
occupancy rate.
An alternative approach would be to issue permits to both residents and employees to start
with, confirming actual parking demand by both groups (and excluding Caltrain commuters,
students, etc.). The employee permits could then be phased out over several years as other
parking options or TDM programs are implemented. The decision to use a phase-in or phase-
out approach will depend on the source and nature of non-resident parking intrusions, and the
timing of expected parking solutions and TDM programs affecting the area.
Phase-In? or Phase-Out?
Phase-in the RPP restrictions as
additional parking supplies and
TDM programs come on line
Provide a limited number of
employee permits if occupancy
remains low after residential
permits are issued
Allow both residents and
employees to purchase permits
(but not Caltrain commuters,
students, etc.)
Phase out the employee permits
over several years as additional
parking supplies and TDM
programs come on line
How many employee
permits should be
made available?
City of Palo Alto Page 13
Permit Cost & Enforcement.
Staff is envisioning citywide RPP programs as cost-neutral.
That means that permit costs would be set to ensure that
revenues from permits and citations equal the expenditures
of enforcement and management and that no General Fund
subsidy would be required to support the program.
Therefore the cost of permits would be directly related to the
level of enforcement desired. Staff is in the process of assessing potential permit costs and
enforcement alternatives, but is not ready to report any details at this time. It is clear,
however, that the more permits that are issued, the lower the costs per permit can be. Also,
revenue from enforcement is likely to decline over time, as people get used to the new
restrictions and fewer violations occur.
Resource Impact
As indicated above, staff’s recommendation is to strive for a
citywide RPP program this is ultimately cost-neutral, similar
to the majority of other jurisdictions consulted. Ideally,
revenue from RPP district permits and citations would be
incorporated into a single RPP revenue fund to cover the cost of establishing and maintaining
RPP districts throughout the City, including the pre-existing RPP program at College Terrace and
the Crescent Park overnight parking ban.
Achieving and maintaining a balance between costs and expenditures will be challenging, and
will require dialog with the affected departments and residents as individual RPP districts are
considered for addition to the City’s exiting districts.
The process of working with residents to develop an RPP District would also require staff time
in multiple departments. Currently it is expected that the Parking Manager in the Department
of Planning and Community Environment could spend 20-25% of time on RPP-related issues.
Policy Implications
The implementation of an RPP Framework for future RPP Districts aligns with multiple
directives from Council related to parking management and transportation, as well as the
Council’s 2013 top priority to maintain the livability of Palo Alto’s Downtown districts. As
transportation accounts for nearly 30% of all greenhouse gas emissions, reducing single-
occupancy vehicle traffic is a major component of complying with AB 32: Global Warming
Relationship between
permit costs and
enforcement
Citywide cost-
recovery goal
City of Palo Alto Page 14
Solutions Act. As part of an overall Transportation Demand Management program, an RPP
program would further this policy objective.
Environmental Review
Establishment of an RPP Framework and subsequent adoption of parking restrictions in
selected neighborhoods are expected to be exempt from review under CEQA Guidelines Section
15301 (Class One, Existing Facilities) and Section 15061(b)(3), the general rule that CEQA only
applies to projects with the potential for causing a significant effect on the environment. The
suggested program and its implementation would essentially manage existing parking supplies
and would not result in noticeable physical changes to the environment. Also, the absence or
presence of parking itself is no longer a physical environmental effect warranting review under
CEQA, as demonstrated by changes to the Initial Study Checklist (CEQA Guidelines Appendix G)
adopted in 2010.
Attachments:
Attachment A: Ongoing Parking and Transportation Demand Management Initiatives
(PDF)
Attachment B: Data Sets (PDF)
Attachment C: Map of Current No Overnight Parking - Crescent Park (PDF)
Attachment D: Residential Preferential Permit (RPP) Program Comparisons (PDF)
Attachment E: Public Comments (PDF)
Palo Alto Ongoing Parking and Transportation Demand Management Initiatives
The City of Palo Alto is pursuing implementation of Downtown parking solutions and Transportation
Demand Management strategies to help maintain the City’s quality of life by increasing the availability
and viability of alternative modes of transportation and increasing parking supply.
The following summarizes these ongoing initiatives, including their current status and next steps.
Residential Preferential Permit (RPP)
Significant interest from residents initiated investigation of a
Downtown RPP district earlier this year. This investigation in
turn spurred a policy discussion regarding a citywide
framework, so that all neighborhoods could have the option
of applying to become an RPP District. This discussion will be
held at the December 16th, 2013 Council meeting.
Alternative Transit Incentives (Leading By Example)
Staff is investigating options to provide City employees
with GoPasses or increased subsidies in exchange for
forgoing a parking permit downtown.
Car Share Opportunities
City staff has engaged with representatives from City
CarShare and Zipcar to discuss the potential of
dedicating 20‐30 spots in downtown lots and garages
to these vehicles. An RFP is in development for a
Carshare entity to enter into an agreement with the
City to provide these services for Downtown.
Satellite Parking Lots + the Palo Alto Shuttle Program
City Staff are investigating whether it would be
possible to use parking lots located outside of the
downtown core to provide additional places for
commuters to park. Embarcadero road has been
suggested as one location and there may be other
locations in East Palo Alto.
Identification and use of a satellite parking lot would require expansion of the Palo Alto Shuttle Program.
There are currently two shuttles which are free to the public, and the City is investigating the costs
associated with expansion of this service through an RFP process. An RFP for expanded shuttle service
will be released in January and options for Council consideration
presented in February.
Bike Infrastructure and Bike Share
Palo Alto has a variety of efforts underway to promote a bike‐
friendly community consistent with the adopted Bicycle and
Pedestrian Transportation Plan. Improvement of existing and
new bike boulevards (thoroughfares which are developed to
promote ease of bike use throughout the city)
1. Multiple events to promote bike awareness
2. Bay Area Bike Share locations
3. Bike Lockers for local use
4. Local adoption of Calgreen ordinance which
requires bike parking for all commercial developments
which expect visitors
Rideshare Apps
Rideshare applications accessible by mobile phone allow
the users to find and schedule rideshares. The City is
investigating the use of these applications in Downtown.
Safe Routes to School
Safe Routes to School is an international movement to
make it safe, convenient, and fun for children to bicycle
and walk to school. In Palo Alto, City Staff work to make
sure that the program embodies the “5 ‘e’s”: education,
encouragement, engineering, enforcement, and evaluation. Parents are also exposed to alternate forms
of transportation through the program.
Public‐Private Partnerships: Based on direction from City Council, the City is investigating the possibility
of creating public/private partnerships to develop additional parking on existing City lots. The parking
would be developed in conjunction with other uses by private developers on City property. Staff is
currently developing an RFP for policy input and consideration in 2014.
New Parking Garages: City Staff has studied the physical feasibility of constructing public parking
garages on five existing city‐owned parking lots and the “urban lane” transit mall. In 2014, staff will
return to the City Council for a discussion of priorities and possible funding mechanisms for one or more
garages.
Attendant Parking: The City has a live RFP which is expected to be awarded in early 2014 to assign at
least one City‐owned garage (R) with attendants. If the program is successful the City may consider
implementing this strategy at other garages.
Parking Permit Management: The City actively monitors garages to confirm that the number of permits
issued is maximized. The most recent permit release was in November of 2013. An online permit
management system is now complete and the online interface for persons to register for permit use will
be released shortly. The permit management system will also be used to sell permits to residents once
RPP Districts are created.
Parking Permit Reform: The City is exploring restructuring the process by which permits are released.
Permits are currently sold to individuals and limited to persons working in the Downtown core. Staff is
exploring the concept of creating a Business Account that allows business to directly pay for permits and
transfer the permits to other employees within their organization when the registered permit user is not
on‐site. This allows permit registration to remain with an individual, a critical element in the public
bond financing structure, but provides flexibility to businesses which take on the responsibility of
purchasing those permits for their employees. This helps increase the utilization of parking structures
and address business interest in being able to make permits to new employees. Revenue and Access
controls are a key element in being able to improve the flexibility of permit use.
Technology Enhancements for Garages: The City is developing an RFP for revenue and access controls
and parking guidance systems to more actively monitor the occupancy of the garages and provide the
infrastructure to direct drivers to available parking spaces.
Zoning Exemptions: Several parking exemptions were removed at October 21 Council meeting.
Paid Parking: Council has also requested an analysis of paid parking in Downtown. The implementation
of revenue and access gate controls is the first step towards introducing opportunities for paid and
parking pricing structures.
ATTACHMENT D: RESIDENTIAL PREFERENTIAL PERMIT (RPP) PROGRAM COMPARISONS
Santa Monica Santa Cruz Berkeley San Francisco San Jose Los Gatos San Mateo
Overview Five (5) zones.
Permit holders
may park in
that zone or up
to two blocks
away from it.
Six (6) zones.
Employee
Commuters
may purchase
a permit which
is for a
designated
block face.
Fourteen (14)
zones, some of
which are also
enforced on
Saturdays.
Twenty‐Eight (28)
zones; parking
permits are not
transferable across
zones.
Sixteen (16)
zones. Business
permits are
available in half
of them.
Six (6) zones
and one (1)
commercial
zone.
Thirteen (13)
zones and no
commercial
zones.
Annual Rates
for Resident
permits
$20 for 1, $25
for the second,
$40 for the
third and $60
for the fourth
$25 per permit
$45 per permit
$109 per permit
$33 per permit
$39 per permit
and $34
replacement
$0 per permit
Annual Rates
for Employee
Commuter or
Business
Permits
Not Available
for Purchase.
$240 per
permit ($60
quarterly)
$125 per
permit
$109 per permit
$33 per permit
$230 per
permit
N/A ‐ Separate
permit
program for
parking at
downtown
meters.
Visitor rates
and/or Guest
Passes
Free one‐day
guest passes
up to 25 per
day, 300 per
year. Permits
are
transferrable
between
residents and
their guests.
$25 per
permit, and up
to thirty (30)
day‐use
passes.
$2.25 per day,
$23.00 per 14
days
One‐Day Flex: $16,
Two (2) weeks: $37,
Four (4) weeks:
$54, Six (6) weeks:
$72, Eight (8)
weeks: $93
Guest permits
free depending
on the zone.
Free single use
permits. There
are 3‐day passes
with a max of
50 at one time.
Special Event
permits are
available for
$10.00. Each
permit
purchase
includes two
(2)
complimentary
guest passes.
Day use passes
are available
for free.
ATTACHMENT D: RESIDENTIAL PREFERENTIAL PERMIT (RPP) PROGRAM COMPARISONS
Santa Monica Santa Cruz Berkeley San Francisco San Jose Los Gatos San Mateo
Number of
Permits
Allowed
One (1) per
residential
vehicle, and up
to three
permits per
year.
Up to three (3)
annual
residential
permits and
two (2) annual
guest permits
per household.
One (1) per
motor vehicle.
Local business
permits will
only be issued
as to not be
concentrated
on a specific
block front in
any given
residential
permit parking
area.
A maximum of four
(4) annual
residential permits
may be issued to a
single address.
One (1) for non‐
resident
business owners
in most zones,
but up to three
(3) in others.
Up to four (4)
vehicles per
address.
Parking
permits can be
purchased for
any vehicle
which is
registered to a
residential
address in the
zone.
Conditions
Under Which
Employee ‐
Commuter
(Business)
Permits May
be Sold
Not available
for purchase.
Only sold if at
least 60% of
the block is
vacant, and
sold specific to
a block. Only
two (2)
business
permits are
allowed per
block.
Only sold if City
Council finds
that residents
have reached a
general
consensus to
allow for the
sale of local
business
permits in the
area. The
business must
be located
within
Merchant
Permit Range.
One (1) permit
is issued per
business for the
Block Front.
Commercial
property owners
operating a
business on a RPP
zoned block may
obtain one (1)
parking permit for a
personal vehicle
per postal address.
Up to three (3)
additional permits
may be purchased
for delivery vehicles
with commercial
license plates.
These vehicles must
be registered to the
business address.
An assessment
is made prior to
the issuance of
any business
permits.
The maximum
number of
permits issued
is the lesser of
the number of
employees
listed on the
Business Tax
Certificate or
the employee
directory/listing.
Only sold
within the one
Business
District.
Not available
for purchase in
an RPP district.
ATTACHMENT D: RESIDENTIAL PREFERENTIAL PERMIT (RPP) PROGRAM COMPARISONS
Santa Monica Santa Cruz Berkeley San Francisco San Jose Los Gatos San Mateo
How does a
residential
neighborhood
apply for an
RPP District?
2/3 of the
residents of at
least 50% of
the dwelling
units must sign
a petition to
get the City
staff to
consider the
zone. If City
Staff
recommends it
to Council
based on data
collection,
Council will
consider.
Based on
petition staff
will evaluate
the City’s
ability to serve
the area with
parking
management
services. DPW
will have the
authority to
implement the
program or
bring it to the
city
Transportation
Commission
for review.
Residents can
petition or the
City Council can
initiate
designation for
an RPP zone.
Residents have
to consult with
City Staff prior
to obtaining
signatures. If
City Council
initiates, they
have to send
the notice of
intent to all
address within
the area.
A petition must be
submitted to the
SFMTA (one
signature per
household). To
create a new
Residential Permit
Parking Area, a
petition signed by
at least 250
households (one
signature per
household) in the
proposed area
must be submitted
to the SFMTA.
Not an option at
this time. San
Jose states that
they don't have
the resources to
expand or
create new
zones.
Residents
create a
petition which
is reviewed by
the
Transportation
and Parking
Commission.
The
Commission
will confirm
whether a
District is
warranted, and
Council reviews
after a one‐
year trial
period.
Residents fill
out a
questionnaire
and a petition
which asks for
a description
of the parking
challenge and
gather
community
support via
survey, HOA
letter or
community
meetings.
Criteria for
designation of
an RPP Zone
Nonresidential
vehicles
regularly
interfere with
residential
ability to park
cars and
regularly are
the source of
environmental
and/or traffic
hazards.
Not identified.
At least 80% of
the block fronts
with unlimited
on‐street
parking must
be residentially
zoned.
75% occupancy
any two one‐
hour periods
between 10:00
a.m. and 4:00
p.m.
The proposed
block(s) must be
contiguous to each
other and must
contain a minimum
of one mile of
street frontage.
80% occupancy and
50% non‐resident
vehicles.
N/A
No specific
percentage
designated. Los
Gatos looks for
marked
intrusion at
certain times
of the day.
A parking
impact
generator
must exist.
Parking
occupancy
studies will be
done to show
the vacancies
on the street.
<60% will not
be considered.
ATTACHMENT D: RESIDENTIAL PREFERENTIAL PERMIT (RPP) PROGRAM COMPARISONS
Santa Monica Santa Cruz Berkeley San Francisco San Jose Los Gatos San Mateo
Response Rate
to Petition
67%
67%
51%
51%
N/A at this time
51%
67%
Required for
Application
Proof of
residency,
including a
utility bill or
bank
statement
showing name
and address, as
well as a
California
vehicle
registration
reflecting the
current
address.
Proof of
residency,
vehicle
registration,
current utility
bill or typed
rental contract
showing the
address in the
RPP.
Proof of
residency;
vehicle
registration for
the area in
which the
person is
applying.
Current DMV
vehicle registration
and second proof
of residency at the
permit address.
Business permits
must show proof of
business
license/registration.
Proof of
residency,
Completed
application, and
valid Photo ID.
Proof of
residency,
completed
application
form in the
residents’
name and
address,
current DMV
vehicle
registration for
each vehicle.
Proof of
residency,
completed
application
form in the
residents’
name and
address,
current DMV
vehicle
registration
for each
vehicle.
General Fund
Supported?
The money
from permit
fees goes into
the general
fund; however,
these funds
are not
earmarked
specifically to
pay the
operating
expenses of
the program.
All money
from permits
and citations
goes into the
general fund.
Program funds
itself and is not
general fund
supported.
Program funds
itself and is not
general fund
supported.
Program funds
itself and is not
general fund
supported,
although if
inadequate
revenue is
received from
citations, the
general fund
would support.
Program has
been self‐
sustaining for 7
years.
Program funds
itself and is not
general fund
supported.
The money
from permit
fees goes into
the general
fund;
however,
these funds
are not
earmarked
specifically to
pay the
operating
expenses of
the program.
NEW PREFERENTIAL PARKING PERMIT RATES
EFFECTIVE OCTOBER 1, 2013
The City of Santa Monica adopted new Preferential Parking Permit rates that will be in effect for all
Resident and Visitor permits with an effective date that begins on or after October 1, 2013. This will be
the first change to Preferential Parking Permit rates since 1984.
The new rate structure also reflects the City’s policies to better manage parking through pricing by
keeping the rates of the first two permits low while significantly increasing the rates for three or more
permits.
Resident Permits – Annual Rates Effective Oct 1, 2013
First $20
Second $25
Third $40
Fourth or more $60
Resident Permits Issued 6 Months or Less from Expiration
First $10
Second $15
Third $25
Fourth or more $35
Visitor Permits – Annual
Each (maximum of 2) $30
Visitor Permits Issued 6 Months or Less from Expiration
Each (maximum of 2) $15
Temporary Permits
30-Day Permit (new resident) Free
One-Day Guest, self-print Free
One-Day Guest, pick up from office $2 each
Stolen/Lost Permits
1st stolen, with Police report Free
2nd stolen, with Police report 50% of cost
3rd stolen, with Police report, or any replacement w/o Police report
(Lost permit) Full cost
Commuter Parking Permit Guidelines
PARKING OFFICE
124 Locust Street, P.O.Box 1870, Santa Cruz, Ca. 95061 (831) 420-6097
Permit Location: _________ block of _________________________ odd or even side
Your Commuter Permit allows you to park on a designated block face in a residential
program area. The permit exempts your vehicle from the daytime 2-hour parking
restrictions, but does not allow you to park overnight. Commuter Permits are sold to
employees and business owners that work adjacent to the Program Area.
1. Commuter permits are a calendar-quarter permit. Sales are prorated on the 1st and
15th for the remaining portion of the quarter. They can be purchased for the
current calendar quarter, or up to all quarters in the current calendar year. The
Commuter Permits are not refundable, so be sure about the purchase of quarters
beyond the current one.
2. Your permit is issued for one side of the street on a specific block, and is not valid
at any other location. After parking, hang the permit on the rearview mirror with
the sticker side facing out. Be sure to park properly and follow all other vehicle
regulations.
3. The permit you have for this location can be renewed through the last City
workday in the purchased quarter. If you purchase the upcoming quarter before
the permit expires, you can continue to park at your current permit location. On
the first day of the new quarter, any permits not renewed will be added to the
“available” list and can be purchased on a first come first served basis.
4. To renew your permit, bring the permit or permit number/location to our office
during our business hours of Mon-Fri, 10am to 5pm, with your payment. We will
provide you with a sticker for the upcoming quarter to validate your permit.
5. If you receive a citation because the permit was not displayed when parked at the
permit location, come to our office with the citation and your permit before the
due date of the citation. You may also mail a photocopy of your permit to us with
the citation. If handled before the due date, we will void up to 5 such citations
annually.
6. Lost or stolen permits will be replaced once for a $10 fee. After that, the cost for
a replacement permit is the standard fee to purchase a permit for the quarter.
Please lock your vehicle and keep the permit secure.
Subscribe to this page to receive e-mail notification when new information is posted.
Please Note: All vehicles must be registered to a valid residential address within the
City of Berkeley in order to receive the Residential Parking Permit (RPP). Also, please
be aware that RPPs are not transferable between vehicles, nor are they refundable.
Please remember the Customer Service Counter located at 1947 Center St, is open Monday
through Thursday between the hours of 8:30 a.m. - 4:00 p.m. Please contact the City via
email (customerservice@CityofBerkeley.info) or by telephone (510-981-CITY or "311" from
any landline within Berkeley), Monday through Friday between the hours of 8:00 a.m. - 5:00
p.m., if you have questions.
Residential Preferential Parking (RPP) Program
There are 14 Residential Parking Permit (RPP) areas in the City of
Berkeley. These RPP areas are limited to two (2) hour parking unless
a residential parking permit or a visitor permit is properly displayed
on/in the vehicle. Annual permits are to be affixed to the left rear
bumper of the vehicle and visitor permits must be displayed on the left
hand side of the driver's dashboard.
These neighborhood Residential Parking Permit areas are enforced
Monday through Friday and some streets in area E are enforced n
Saturdays. Areas A, B, D, and K are enforced on Saturdays. If you
see signs in your neighborhood displaying any letter of A to N, you live
in a Residential Parking Permit area and will need a residential
parking permit to park longer than two hours on the street. These
zones are marked by signs that indicate the neighborhood parking permit areas by letter and
indicate the days and times enforced.
These zones are marked by signs that indicate the neighborhood parking permit areas
by letter and indicate the days and times enforced. Vehicles without a Residential
Parking Permit or visitor permit may park for a total of two (2) hours per block face,
defined as both sides of the street between intersecting cross streets.
There are two types of RPP, "Permanent" and "Visitor." For more information about
eligibility and registration for an RPP, contact the Customer Service Center at (510) 981-
7200.
Residential Parking Permits do not allow parking at parking meters, pay stations, loading
zones, no parking anytime, 72hr parking, on Street Sweeping days or any other parking
restrictions (i.e. at or near fire hydrants, driveways, or crosswalks, etc.). Some RPP may
have limited 2 hour parking within the RPP zone and signs indicating this restriction are
posted without the designated RPP area letter designation. RPP permitted vehicles are
subject to the two hour restriction and will be cited if the vehicle is not moved.
Please note: Residential Preferential Parking (RPP) has been modified on selected blocks
near Berkeley's Trader Joe's store at Berkeley Way/Martin Luther King Jr. Way to limit
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parking on one side of the street to designated RPP Area permit holders, while parking on
the other side remains RPP and 2-hour visitor parking.
The blocks affected are as follows:
• Berkeley Way: 1700, 1800 and 1900 blocks (McGee Avenue to Milvia
Street)
• Addison Street: 1800 block (Grant Street to Martin Luther King Jr. Way)
• Bonita Street: 1900 block (Hearst Avenue to University Avenue)
• Grant Street: 1900 and 2000 blocks (Hearst Avenue to Addison Street)
Information about parking permits, locations and restrictions:
•Annual Parking Permit Year
•Parking Permit Fees
•Annual Renewal Deadline & Enforcement Date
•Visitor Permits
•Annual Residential Permits
•Merchant Permits
•In-Home Care Permits
•Days/Hours of Enforcement
•Contact Information
Links to additional information:
•Neighborhood RPP Designation
•RPP Zone map
•RPP Ordinance (BMC Chapter 14.72)*
*This link will take you to the City’s BMC site where you can browse the BMC in .pdf
format, or search the BMC using Records Online. Search tips are available from
the BMC site.
Annual Parking Permit Year
The annual parking permit year is from July 1st to June 30th.
Parking Permit Fees
• Annual Residential Permit: $45.00
• 1-Day Visitor Permit: $2.25
• 14-Day Visitor Permit: $23.00
• Annual Merchant Permit: $125.00
• Annual In-Home Care Permit: $45.00
• Annual Community Serving Facility Permit: $56.00
• North Berkeley Senior Center Permit: $1
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Annual Renewal Deadline & Enforcement Date
You may renew your RPP permit in person or by mail. If you are renewing through the mail,
please send your completed application before May 31st to receive your new permits for the
next Parking Permit Year.
Enforcement of expired permits begins on July 1st.
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Visitor Permits
Visitor Permits for guest use may be purchased by residents when renewing their annual
RPP permit. If purchasing Visitor Permits at a later time, a picture identification, along with
one of the following documents that includes the current address of the resident, must be
provided (billing statements must be dated within the last 30 days):
• California Drivers License (DMV)
• Signed lease agreement (within a year)
• Current bank statement
• Current PG&E billing statement
• Current telephone bill (not cellular)
• Current major credit card billing statement
• AT&T cablevision bill
• EBMUD water bill
• Vehicle registration (DMV)
• City Bills (Refuse bills, Fire Alarm bills, Fire Inspections bills, etc)
The vehicle for which the visitor permit is being obtained must not have any outstanding
Berkeley parking violations older than 21 days.
Pick up Visitor Parking Permits at the Customer Service Center or call (510) 981-7200 for
further information.
1-Day Visitor Permits - $2.25
• Residents may purchase up to 20 1-Day Visitor Permits in a permit year.
• 1-Day Visitor Permits may be purchased by mail or in person, and can be purchased in
advance.
• All 1-Day permits will expire on June 30th of the current permit year.
14-Day Visitor Permits - $23.00
• Residents may purchase 3 14-Day Visitor Permits in a permit year.
• Please note that 14-Day Visitor Permits are valid for 14 consecutive calendar days.
• 14-Day Visitor Permits may be purchased up to 3 weeks in advance of the initial usage
date. The resident must provide the intended usage dates and the license plate
number of the vehicle that will use the 14-Day Permit.
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Annual RPP Permits - $45.00
In order to qualify for an annual Residential Preferential Parking Permit, residents must
present photo identification and the vehicle registration displaying their Berkeley address.
Individuals subletting are not eligible for annual Residential Parking Permit.
The vehicle for which the permit is being obtained must:
• Be registered in California, at the Berkeley address for which the permit is being
obtained; and
• Must not have any outstanding Berkeley parking violations older than 21 days.
If the vehicle is registered to the Berkeley address, but is not registered in the name of the
Berkeley resident, the resident must provide a copy of the registered owner’s valid picture
ID, and a signed letter stating that the resident has the right to use the vehicle.
Pick up Annual Residential Preferential Parking Permits at the Customer Service Center or
call (510) 981-7200 for further information.
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Merchant Parking Permits - $125.00
• Certain business addresses designated by Public Works Transportation are eligible for
Merchant Permits.
In-Home Care Permits - $45.00
• Residents or family members who live in any of the City's RPP-designated areas who
have disabilities or medical conditions requiring In-home care services, may be eligible
for In-Home Care Permits.
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Days/Hours of Enforcement
Hours of enforcement are 8:00am to 7:00pm except Sundays, holidays and during posted
street sweeping days.
Area A Mon-Sat Area H Mon-Fri
Area B Mon-Sat Area I Mon-Fri
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Area C Mon-Fri Area J Mon-Fri
Area D Mon-Sat Area K Mon-Sat
Area E Mon-Fri/Sat*Area L Mon-Fri
Area F Mon-Fri Area M Mon-Fri
Area G Mon-Fri Area N Mon-Fri
*Some areas within RPP Area E are enforced Monday through Friday; others are enforced
Monday through Saturday. Please observe posted enforcement signs.
For additional information or questions, contact the Customer Service Center or call
(510) 981-7200.
Back to Top
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Annual Permit for Residents
ANNUAL PERMIT INFORMATION
Annual Fee:$109
Expires within 6 months:$54
If you live in a residential parking permit area, a residential permit will
exempt you from the posted time limit. All other parking regulations apply.
Vehicles must be moved every 72 hours or they will be subject to towing.
APPLY FOR A PERMIT
Applications may be submitted in person or by mail to the SFMTA Customer Service Center at
11 South Van Ness Avenue, open Monday-Friday from 8:00 a.m. to 5:00 p.m.
Please ensure you have the proper documentation prior to submitting your application by
mail or appearing at the SFMTA Customer Service Center. No parking permits will be issued to
any vehicle with delinquent parking citations or an expired vehicle registration.
Application Requirements:
Download and complete Application See below for permit expiration dates. If permit
area expires in less than six months, the fee is prorated to 50% of annual rate.
Proof of residency: Copy of PG&E or cable bill (cell phone bill not accepted), current
vehicle insurance policy, bank statement or pre-printed check with resident's name and
address, or rental/lease agreement.
California Vehicle registration: Registration must be at an address within RPP area. If
you have recently moved, you must update your registration information in-person at the
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If you are a full-time student or active military personnel and your vehicle is registered to
another address, please provide proof of active military assignment or certification from the
registrar’s office at a higher education institution of full-time student enrollment (student ID is
not sufficient). Proof of residency is also required.
Residents who are assigned a company/business vehicle for exclusive use must provide a
copy of the current California vehicle registration in the name of the business or vehicle leasing
company and an employment/vehicle assignment verification letter from the company the
vehicle is registered to, in addition to proof of residency.
PERMIT EXPIRATION DATES
A 2/28 D 1/31 H 1/31 M 10/31 S 4/31 X 8/31
B 8/31 DD 7/31 I 11/30 N 3/31 T 8/31 Y 3/31
BB 1/31 E 9/30 J 11/30 O 3/31 U 9/30 Z 5/31
C 7/31 F 9/30 K 5/31 P 3/31 V 1/31
CC 8/31 G 6/30 L 1/31 R 8/31 W 10/31
LIMIT FOUR (4) PERMITS PER ADDRESS
A maximum of four active annual residential permits may be issued to a single address.In
special circumstances, you may request a waiver to this limit.
To request a waiver, send a written request to:
Department of Motor Vehicles. Address changes by mail may take several weeks to update
and RPP permits cannot be issued unless this information is updated in the DMV system. If
you are applying for a permit for a new vehicle and do not have license plates yet, you will
receive a 90-day temporary permit which will be converted to a standard permit once the
license plates have been received.
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SFMTA Customer Service Center
ATTN: RPP WAIVER REQUEST
11 South Van Ness Avenue
San Francisco, CA 94103
Please include all relevant vehicle information and the reason you are requesting additional
permits in your letter, and allow 10 business days for the SFMTA to review your request.
MORE IN THIS SECTION
Parking Permits
Pay a Citation
Contest a Citation
Camera Enforcement
Booting & Towing
SEE ALSO
Parking around San Francisco
Parking Projects
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Business
BUSINESS OWNERS & DELIVERY VEHICLES
Annual:$109
Expires within 6 months:$54
Commercial property owners operating a business on a RPP zoned block may obtain one
parking permit for a personal vehicle per postal address. The property owner may
designate the personal vehicle permit for transfer to a bona fide employee.
In addition, up to three additional permits may be purchased for delivery vehicles with
commercial license plates. These vehicles must be registered to the business address.
Application Requirements:
WHERE TO APPLY
Bring your application and required documents in person, or mail to:
1.Completed application
2. Copy of current property title or commercial lease
3. Valid business registration certificate or tax exempt certificate for non-profit organizations
4. Valid vehicle registration (commercial vehicles must be registered to property address)
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SFMTA Customer Service Center
ATTN: RPP BUSINESS PERMIT
11 South Van Ness Avenue
San Francisco, CA 94103-1226
Open Monday-Friday from 8:00 a.m. to 5:00 p.m.
MORE IN THIS SECTION
Parking Permits
Pay a Citation
Contest a Citation
Camera Enforcement
Booting & Towing
SEE ALSO
Parking around San Francisco
Parking Projects
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Request Permit Area Expansion
Learn about the petition and review process for bringing parking permits to
your neighborhood.
Permit Area Map PDF
EXPAND AN EXISTING PERMIT AREA
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To add a street block or address to an existing Residential Permit Area a petition signed by
more than fifty percent of the households on each proposed block must be submitted to the
SFMTA (one signature per household). Blank petition forms can be obtained here:
Petitions should be mailed to:
SFMTA Sustainable Streets Division
Transportation Engineering
1 South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
Requirements
ESTABLISH A NEW PERMIT AREA
To create a new Residential Permit Parking Area, a petition signed by at least 250 households
(one signature per household) in the proposed area must be submitted to the SFMTA. See
"Expand an Existing Permit Area" for petition forms.
Requirements
Blank petition form-English PDF
Blank petition form -Spanish PDF
The proposed block(s) must be contiguous to an existing residential permit parking area.
At least eighty percent of the legal on-street parking spaces within the proposed area are
occupied during the day.
Residents on a metered block may petition to have their addresses be included as part of a
residential permit parking area; however, a petition for an unmetered block must also be
submitted at the same time.
Existing meters will not be removed.
The proposed block(s) must be contiguous to each other and must contain a minimum of
one mile of street frontage.
At least fifty percent of the vehicles parked on the street in the proposed area must be non-
resident vehicles.
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Review Process
If requests are approved, the legislation and sign installation process takes approximately
three months from submittal of valid petitions for area extensions and six months from
submittal of valid petitions for new areas. The process is as follows:
QUESTIONS?
Call 311 or 415.701.2311 (if calling outside of San Francisco)
MORE IN THIS SECTION
Parking Permits
Pay a Citation
Contest a Citation
Camera Enforcement
Booting & Towing
SEE ALSO
Parking around San Francisco
Parking Projects
At least eighty percent of the legal on-street parking spaces within the proposed area are
occupied during the day.
1. Review by SFMTA staff
2. Field study conducted
3. Engineering Public Hearing
4. Review by the SFMTA Board of Directors
5. Sign installation and permit issuance
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RESIDENTIAL PERMIT PARKING APPLICATION
200 East Santa Clara Street
San José, California 95113
(408) 535-3850 Fax (408) 292-6090
E-mail Address: DOTPermits@sanjoseca.gov
PLEASE READ THE POLICIES AND INSTRUCTIONS ON THE BACK OF THIS PAGE AND SIGN BELOW.
Required Documentation: Select Applicable Permit Parking Zone:
Completed application Cahill Park Approved by:
Valid Photo Identification Century/Winchester Transaction Date:
Proof of Residency* Civic Center Receipt #:
Current DMV Registration
Non-Resident Owner**
College Park Amount:
Santana
Status:
Sherman Oaks
University
$33.00 each
1
2
$
Signature & Date
Signature & Date revised 11/12
Form RS-01
I have received, read and understood the attached written instructions. I certify under penalty of perjury that the
statements contained herein are true and hereby agree to comply with all the terms of the Residential Permit Parking
Program.
G
G
Total Amount
All residential parking permits are non-transferable. Selling, transferring, duplicating, and/or
unauthorized distribution of permits is strictly prohibited.
R
Number of
permits
(Official Use Only):
GUEST PLACARD PERMITS (Circle number of permits requested)
Permit # $33.00 each
(Non-Refundable)(Official Use)
R
R
R
For Official Use Only
PERMIT & REPLACEMENT FEES ARE NON-REFUNDABLE
Permit #
(Official Use)Owner Vehicle Year & Make Vehicle License #
RESIDENTIAL STICKER PERMITS (copy of current DMV registration required for each permit)
Horace Mann
Delmas Park
S.U.N
Last Name First Name Middle
Last Name First Name Middle
*Address (Must be in Residential Permit Parking Area)Unit Zip Code
**Mailing Address (if different from above & Non-Resident owner)Unit Zip Code
Phone (H)Phone (W)Email Address (optional):
INSTRUCTIONS FOR RESIDENTIAL PERMIT PARKING
For further information contact:
Online at: http://www.sanjoseca.gov/transportation/permits_parking.htm
Department of Transportation, Residential Parking Permits Office
200 E. Santa Clara Street, San Jose, CA 95113
1. To apply for permits, mail or bring in the documents to the address listed below. Permits are issued from 8:00 A.M. to 5:00 P.M.,
Monday through Friday, except on legal holidays. Permit applications submitted after 5:00 P.M. will not be
processed until the following business day. Applications may take up to 10 business days to process if a field investigation is
required. To apply or renew, you must have all of the following requirements or the application will not be
accepted:
• Completed application
• Valid Photo Identification
• Proof of residency within the designated permit parking area (*must be issued within the last 90 days). Only the
following documents will be accepted: tenant verification form, rental contract (except SUN and Horace Mann),
home telephone or utility bill, current vehicle registration, or current property tax bill
• Current DMV registration for each vehicle (if applying for a residential permit)
• Payment in cash, check, money order, Visa, or MasterCard is accepted
2. All applicants must be a resident or non-resident owner in the designated permit parking area. Businesses must use a separate
business permit parking application form. The vehicle(s) must be currently registered to an occupant of the
residence. Residents may obtain one (1) residential sticker permit per registered vehicle, except:
• Cahill Park is not eligible to receive the residential sticker permits
• Horace Mann and S.U.N. may only obtain three (3) residential sticker permits
3. A maximum of two (2) guest permit hangers is allowed per residential address (except Cahill Park). Cahill Park is allowed one (1)
guest permit hanger per residential address. Permits are issued on a first-come first-serve basis.
5. Permit expiration dates: Permits expire on these dates regardless of when they are issued during the cycle.
AREA EXPIRATION DATES AREA EXPIRATION DATES
Civic Center October 31st of every EVEN year
College Park August 31st of every EVEN year
University August 31st of every ODD year
Santana November 30th of every ODD year
Delmas Park March 31st of every ODD year
Cahill Park January 31st of every ODD year
Sherman Oaks May 31st of every EVEN year
6. If a permit is lost or stolen, there is a non-refundable replacement fee for each permit reported. The replacement fee will be waived
when a copy of a police report and case number is provided.
7. If a vehicle is sold or the applicant has moved, the residential parking permit must be removed and our office notified immediately.
If a new vehicle is purchased, the old vehicle permit may be exchanged for a new one. Note: Residential
permit cannot be issued for new vehicle until a DMV registration with license plate is provided. Temporary permit for a new vehicle
is available upon request.
8. The residential parking permit must be applied to the inside bottom left corner of the rear window and be visible to enforcement
officers. For vehicles with tinted rear windows or obstructed by a camper shell, permit must be applied to the inside bottom left
corner of the front windshield (driver's side). The guest permit hanger must be displayed facing outward on the rearview mirror of
the vehicle. (For motorcycles: the residential permit must be applied to the front left fork of the motorcycle).
9. All permits must be prominently and properly displayed to be valid. Parking citations will be issued to any vehicle parking in a
permit area without appropriate permit. The current minimum citation for a permit parking is set forth in the Schedule of Parking
Penalties.
10. Vehicles displaying residential parking permits are not exempt from complying with parking restrictions in other designated parking
spaces, such as red zones, metered spaces, and other time restricted zones.
11. All residential parking permits are non-transferable. Selling, transferring, duplicating, and/or unauthorized distribution of
permits is strictly prohibited.
12. The Director may revoke all permits and/or deny application for issuance or renewals of permits if individuals are found to
supply incorrect information, violate any conditions placed upon the parking permit and/or fail to comply with any
provisions of San Jose Municipal Code Chapter 11.48.
November 30th of every ODD year Century/Winchester
S.U.N.
Horace Mann
July 31st of every year
September 30th of every year
4. **Non-resident property owners may obtain only one (1) guest permit hanger per zone, upon proof of ownership of property
(current property tax bill) within a designated permit parking area. In addition, non-resident property owners must provide proof
of residency (see above proof of residency requirements) at an address separate from the owned property.
City of San Mateo
Residential Parking Permit Program
Policy and Procedures
Adopted by
San Mateo City Council
January 18, 2005
Revised August 19, 2013
Prepared by:
Gary Heap, P.E.
Senior Engineer
Residential Parking Permit Policy and Procedures
August 19, 2013
Q:\pw\PWENG\Traffic\Policy & Procedures\Residential Parking Permit P&P\RPPP Mod - Adopted 8-19-13.doc 2
Residential Parking Permit Program
CONTENTS
PURPOSE Page 2
PERMITS Page 2
POLICIES Page 6
REQUIREMENTS Page 8
PROCEDURES Page 9
FREQUENTLY ASKED QUESTIONS Page 12
DRAWBACKS WITH ‘RESIDENTIAL ONLY’ PARKING Page 14
SAMPLE RPPP REQUEST FORM Page 15
SAMPLE NEIGHBORHOOD PETITION FORM Page 16
PURPOSE
The City and the Public Works Department are committed to preserving livable and
attractive neighborhoods. One issue that may cause deterioration of neighborhoods is the
excessive parking of non-resident vehicles on residential streets for extended periods of
time. A system of preferential resident parking serves to reduce this strain on the residents
of these neighborhoods. The intent of this Residential Parking Permit Program (RPPP) is
to allow residents to park on-street in their neighborhood while restricting long-term
parking by non-residents.
PERMITS
Parking Permit Types
Residential Parking Permit Sticker – Parking permit stickers are issued to residents
within the RPPP area. These permits allow residents to park on the street during the
posted RPPP time restrictions.
Parking permits are issued as stickers to be affixed to the resident’s vehicle. The
residential permit is valid for two calendar years and is available from the Public
Works Department.
The number of permits that may be issued to either a single-family household or a
multi-family residence is unlimited. It is understood that a greater amount of parking
permits may be issued than there are available on-street parking spaces. This may
Residential Parking Permit Policy and Procedures
August 19, 2013
Q:\pw\PWENG\Traffic\Policy & Procedures\Residential Parking Permit P&P\RPPP Mod - Adopted 8-19-13.doc 3
create an environment of natural competition for on-street parking between
neighborhood residents without the influence of long-term non-resident parking.
Parking permits may be issued only for passenger non-commercial and passenger
commercial (i.e., SUV’s, small pick-up trucks, etc.) vehicles registered to residents
residing within the residential parking permit area. Vehicles defined as oversized by
the City’s Oversized Vehicle Parking ordinance, such as commercial trucks, boat
trailers, RV’s (camping trailers, motor homes, etc.), trailers and work-type
commercial vehicles, including taxis and limousines, are not eligible for residential
parking permit program permits.
The resident is responsible for acquiring a new permit by the first day of the new two-
year permit cycle year (January 1). There is typically a 30-day grace period at the
beginning of the two-year permit cycle during which the Police Department will issue
warnings. No other grace period (i.e., new resident to area, new car, etc.) is available
during the two-year parking permit cycle.
The requirements to obtain a parking permit as a resident are:
¾ A completed application form in the residents’ name and address.
¾ A current DMV vehicle registration for each vehicle the applicant is
requesting a parking permit.
¾ Proof of residency/ownership in the resident’s/owner’s name reflecting the
permit address in the permit area. Acceptable proof of residency shall be a
driver’s license, the vehicle registration, a utility bill, car insurance policy,
lease agreement or a preprinted personal check with the resident’s name and
address.
Visitor Parking Permits – Visitor permits are issued to residents within the RPPP area for
use by short-term guests so they may park on the street with the same parking rights as a
resident of the RPPP area.
Household visitor permits are issued as rear view mirror hangers, and must be displayed
from the rear view mirror to be valid. Household visitor parking permit hangers are
transferable, and may be placed on any vehicle that would be eligible to use a parking
permit sticker.
Any residence, either single-family or multi-family, eligible to obtain a residential parking
permit may obtain a household visitor parking permit hanger. Only one (1) visitor parking
permit hanger may be issued per household. Lost or damaged visitor permits may be
replaced at the discretion of City Staff. This household visitor parking permit is valid for
the same two-years as a permanent resident parking permit. This household visitor parking
permit is only intended to be used by visitors. Use of the household visitor parking permit
by a resident is not permitted, and may result in the issuance of a citation and/or
confiscation of the visitor permit.
Residential Parking Permit Policy and Procedures
August 19, 2013
Q:\pw\PWENG\Traffic\Policy & Procedures\Residential Parking Permit P&P\RPPP Mod - Adopted 8-19-13.doc 4
Fee for Residential Parking Permits
There will be no charge for the issuance of any residential parking permit.
Eligible Exceptions for a Parking Permit Sticker
Company Cars – A residential parking permit sticker may be issued for residents who
have company cars as their primary transportation vehicle. To obtain a permit, the
person must be a legal resident within the residential permit parking area who has a
motor vehicle for his/her exclusive use and under his/her control where said motor
vehicle is registered to his/her employer and he/she presents a valid employee
identification card or other proof of employment that is acceptable to the City.
Leased Cars – A residential parking permit sticker may be issued for a resident who has
a leased car. To obtain a permit, the person must be a legal resident within the
residential permit parking area who has a motor vehicle registered to a vehicle-leasing
company and/or leased to the resident’s employer, providing said vehicle is for the
resident’s exclusive use and provides proof or the lease agreement which is acceptable
to the City.
The requirements to obtain a parking permit sticker for a company or leased car are:
¾ A completed application form in the residents’ name and address.
¾ A current DMV vehicle registration for each vehicle the applicant is
requesting a parking permit.
¾ Proof of residency/ownership in the resident’s/owner’s name reflecting the
permit address in the permit area. Acceptable proof of residency shall be a
driver’s license, the vehicle registration, a utility bill, car insurance policy,
lease agreement or a preprinted personal check with the resident’s name and
address.
Caregivers – Caregivers may be issued a parking permit sticker for a permit parking
area provided the address of the resident receiving the care is within said parking area.
The requirements to obtain a parking permit sticker for a caregiver are:
¾ A completed application form in both the residents’ and caregivers name and
address.
¾ A current DMV vehicle registration for each vehicle for which the applicant
is requesting a parking permit.
¾ Proof of residency/ownership in the resident’s/owner’s name reflecting the
permit address in the permit area. Acceptable proof of residency shall be a
utility bill, car insurance policy, lease agreement or a preprinted personal
check with the resident’s name and address.
¾ A letter from the resident identifying the permit applicant as the caregiver.
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Fine Amount
The fine for violation of the Residential Parking Permit Program regulations is set within the
City’s Comprehensive Fee Schedule.
Misuse of Parking Permits
Any person selling, fraudulently using, reproducing or mutilating a parking permit issued in
conjunction with the residential parking permit program shall be guilty of an infraction and shall
be subject to a citation for each offense and the forfeiture of all permits in conflict, or such other
fine or penalty as the City Council may set by ordinance.
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POLICIES
All residential parking permit programs shall follow a set of policies that are consistent
from one program area to the next. This includes program area limits, enforceable times,
and implementation practices.
The implementation of a Residential Parking Permit Program does not guarantee
the availability of parking spaces on a public street, or within a specific
neighborhood. Because more parking permits may be issued than there are
available on-street parking spaces, the program may create an environment of
natural competition for on-street parking among neighborhood residents without the
influence of long-term non-resident parking.
The program allows for any resident or non-resident to park on-street during the
restricted hours for a maximum of 2-hours unless a parking permit is displayed.
“No Parking”/”Permit Parking Only” zones may be permitted, when appropriate,
next to schools.
The Residential Parking Permit Program is intended for use in single family and
multi-family neighborhood areas. The program is not intended for use in areas or
on streets where there is a mix of commercial and residential use. For the purpose
of this program, mixed-use is defined as areas with both commercial and residential
land uses where shared use of existing on-street parking is expected.
Program enforcement hours will be determined based on the type of parking impact
generator. This will provide for consistency among residential parking permit
areas, and simplify enforcement of the program times.
Unless otherwise approved by the Public Works Director, parking restrictions
within residential parking permit areas must be consistent from corner to corner on
all streets to prevent “spill-over” or shifting of an on-street parking problem to an
adjacent non-restricted area. Half block segments may be approved by the Public
Works Director.
Limits of the parking permit neighborhood will be determined based on the
potential of parked cars to overflow and impact adjacent streets. This will be done
through a collaborative process involving both the applicant and Public Works
traffic engineering staff. The final limits of the parking permit program area will be
determined by the Public Works Director, whose decision is final unless appealed.
Parking permit holders will be issued permits to park along any street within the
limits of their residential parking permit neighborhood area.
Parking permits will be issued to any car registered at an address within a permit
parking area.
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Any work-type commercial vehicle, displaying a commercial license plate, that is
actively performing work for a property within the limits of a residential parking
permit program zone, may park on-street in front of the subject property without the
need for a residential parking permit, and will not be cited.
Parking permits are not intended for use at metered parking spaces within business
districts or retail areas. This includes the Downtown area , 25th Avenue, 37th
Avenue and 40th Avenueareas.
For downtown residents, parking permits are not intended for use within designated
parking lots. Downtown parking permits are available for purchase at the City Hall
Finance Department counter.
Vehicles displaying parking permits are subject to all other parking restrictions
including 12 and 24-minute spaces, white passenger loading zones, yellow loading
zones, handicap spaces and red zones.
Displaying a residential parking permit does not exempt the vehicle from the City’s
ordinance which requires a car to be moved every 72 hours.
Once established, a residential parking permit program area will sunset after ten
(10) years. Prior to sunset, the neighborhood’s interest in the RPPP shall be
reconsidered through a City-developed residential survey. Based on the criteria in
this document, if the majority of the property owners show interest in maintaining
the current program, the RPPP will remain in place for another ten (10) years. If
less than a majority indicate interest in maintaining the program, a public hearing
will be scheduled to consider removal of the RPPP. Evaluation of the individual
programs will be done in the final two years of the ten-year sun-setting cycle.
To process a request for implementation of a residential parking permit program, a
parking impact generator must exist. This program is not intended to restrict or
limit the amount of residential vehicles that may park on-street within a given
neighborhood.
Any parking permit may be revoked if used contrary to the provisions of this policy.
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REQUIRMENTS
The following are required to implement a residential parking permit program:
1. Parking Impact Generator Identification – A non-residential Parking Impact
Generator must be identified that creates a parking overflow into the proposed
residential parking permit neighborhood. The parking impact generator may be a
school, business, commercial district or commercial use.
2. Determination of Parking Permit Program Zone – A parking utilization survey
will be used to set the boundaries of the residential parking permit program zone. The
survey will be conducted between 8:00 a.m. and 6:00 p.m., Tuesday through
Thursday, and be on a day the community has identified as a typical problematic
parking day. From the parking survey, a map will be generated showing the level of
on-street parking. Street segments will be identified showing >75% parking, between
65% - 75% parking, and <60% utilization of on-street parking spaces. Staff will use
this information to determine the limits of the parking permit zone. Street segments
having <60% parking utilization will not be considered for inclusion in the parking
permit zone. Other factors may also be considered by staff including street
topography and the potential for parking creep directly adjacent to a newly signed
parking permit program area. Half block segments may be approved by the Director
of Public Works based on topography or length of street, or if the parking utilization
study shows that it is justified. The decision of the Public Works Director is final.
3. Community Support – There are a number of optional tools that can be used to
generate neighborhood support for the implementation of a residential parking permit
program. These include:
x A neighborhood meeting
x Circulation of a resident petition
x Submittal of Homeowners’ Association letters of support.
These tools are optional and at the discretion of the applicant. It is ultimately the
responsibility of the applicant to generate sufficient community support that can be
demonstrated to the Director of Public Works through a survey. Staff will work with
the applicant to determine which options may be used to generate an adequate level of
support.
4. Neighborhood Survey – For staff to recommend approval for the residential permit
parking program to the Public Works Director, the neighborhood survey, distributed
by the City, must have 50% or more response rate, and a 67% support level from
those returning the survey.
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PROCEDURES
PROGRAM DEVELOPMENT
Residential parking permit program development must be consistent with all
policies as defined above. The recommended procedures presented below provide
for consistent parking permit program development from one neighborhood to the
next. Staff has the flexibility to modify the following procedures when it is
appropriate.
1. A residential permit parking program is requested by a San Mateo resident through
the Public Works Engineering Division. The application includes the requested
streets to be included in the residential parking permit area.
2. Through discussions with the applicant, day and time limits of the proposed
program will be identified. Days and times of enforcement will be established to
reflect the nature of the parking impact generator and to provide consistency and
ease of enforcement by our San Mateo Police Department.
3. A neighborhood meeting is optional. The applicant may request a neighborhood
meeting to present the components of the Residential Parking Permit Program to
the requested neighborhood area.
4. A neighborhood petition is optional. The applicant may circulate a City provided
petition to provide outreach to the community or to demonstrate support for the
implementation of the residential parking permit program. Only one signature is
needed per dwelling unit. Each house, apartment or condominium will be
considered a dwelling unit.
5. A support letter from the area’s Homeowners’ Association is optional. The
applicant may demonstrate the support of their Homeowners’/Neighborhood
Association (if one exists) through the submittal of a letter of endorsement from
that group. That letter of support will be considered by the Public Works Director
during deliberation of the requested zone.
6. Staff will prepare a survey to determine resident support for the requested
residential parking permit area. The survey will be distributed by the City to all
residents in the proposed RPPP area.
7. The Public Works Director will approve or deny a request for a residential parking
permit area based on the preponderance of information gathered during the RPPP
evaluation process. The decision of the Director of Public Works is final unless
appealed to the Public Works Commission.
8. If the request for permit parking is approved by the Director, staff will draft and
mail a letter to the residents within the proposed permit parking area to inform
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them of the public hearing results. The letter will also notify them of the new
requirements for on-street parking within the permit parking program area.
9. Residents will have thirty (30) calendar days to appeal the decision of the Public
Works Director following mailing of the notification of Director action.
Submitted appeals shall:
a. Be in writing
b. Provide grounds for the appeal
c. Identify specific actions being appealed (parking time limits, hours of
enforcement, zone boundaries, etc.)
d. Include a recommended alternative action
e. Provide a petition of surrounding residents in support of the appeal action
Appeals will be heard by the Public Works Commission at the next available
meeting.
10. If the request for permit parking is denied or terminated, a second study of the
same or similar RPPP study area will not be conducted for a minimum of twelve
months unless there is a significant, identifiable change in parking characteristics
as determined by the Public Works Director. Subsequent studies of the same
general study area will be subject to the same requirements and procedures as the
initial study process.
11. As the parking permits are valid for two years, a letter is sent out by staff every
other year notifying all residential parking permit holders of the need to renew the
parking permit before the end of the calendar year. Parking permits may be
renewed in person at City Hall, or by mail.
PROGRAM REMOVAL
The process to remove a residential parking permit program is similar to a program
development. The procedures presented below provide for consistent parking permit
program removal.
1. A RPPP area, or part thereof, may be removed from the permit parking program
by the Public Works Director pursuant to:
x A valid request from the affected residential parking permit neighborhood,
and a City provided petition from that neighborhood indicating support
from at least 67% of respondents in the area wishing to be removed from
the RPPP.
x A determination by the Public Works Director that removal from the RPPP
is either in the community interest, or is in the interest of public safety.
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2. Once the petition for removal is received by staff, a survey of the area is prepared
and distributed to the neighborhood. Similar to the program development process,
50% of the residents surveyed within the area requesting removal from the RPPP
must respond, and of those responding 67% must support removal from the permit
program for staff to recommend removal of the program to the Public Works
Director.
3. If the survey is successful, the Public Works Director will review the request and
make a determination regarding removal of the parking permit area. The affected
neighborhood is notified of the Director’s determination. The action of the
Director can be appealed to the Public Works Commission. The appeal must be
submitted within 30 days of the Director’s determination. Information required as
part of the appeal shall be as described for appeal of a new parking permit area
request.
4. If the request for removal is approved by the Public Works Director, the
neighborhood is notified of the decision, and the RPPP signs are removed
following the 30 day appeal period. There shall be no cost to the residents
associated with removing an area from the RPPP.
5. If an existing RPPP area is revoked, any request for reinstatement shall be subject
to the same process as that of a new RPPP area , and if approved the neighborhood
shall be assessed the total cost of all related staff activities including permit
printing costs, distribution cost and all resigning costs.
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RESIDENTIAL PARKING PERMIT PROGRAM
FREQUENTLY ASKED QUESTIONS
What is a Residential Permit Parking Program (RPPP)?
The City of San Mateo will implement a residential permit parking program as a remedy
for neighborhoods that are impacted by long-term on-street overflow parking from sources
(called parking impact generators) outside the neighborhood. These parking impact
generators include some high schools, business complexes and commercial areas. This
program is intended to deter long-term on-street parking, however short-term 2-hour
parking will be permitted within any RPPP area for non-permitted vehicles.
Implementation of a RPPP area is a way to give residents of a designated area a better
chance to park near their homes. It is not intended to designate a specific parking space
along a property frontage. An RPPP area involves the posting of parking time limits or
parking restrictions from which local residents are exempt if a valid permit is properly
displayed within their vehicle. Residents within an approved parking permit neighborhood
may obtain a parking permit to display on their car that will allow them to park for more
than two hours along their neighborhood street. Any car registered to an address within a
permit parking neighborhood is eligible to utilize a parking permit. The number of parking
permits issued per property is unlimited.
Where are RPPP areas allowed?
Residential Parking Permit Programs are allowed within residential neighborhoods whose
on-street parking ability is impacted by parked cars from non-residents, or parking impact
generators.
Why is a policy and procedures document necessary?
The purpose of this document is twofold. The first reason to create a policy and
procedures document is so that all parking programs are consistent. For a residential
permit parking program to be effective it is essential that it can be enforced. One factor
that increases the ability for the Police Department to enforce parking restrictions in an
area is program consistency. Programs should be consistent from one area to another
within the City. Secondly, this document serves as a tool to establish criteria and process
expectations for both staff and the community while helping to define a collaborative
process.
Are residents who live in a RPPP area required to obtain parking permits?
Obtaining a parking permit is purely optional. You may decide to obtain a parking permit
which will allow you to park on the street during restricted hours, or you may decide not to
obtain a parking permit and be subject to the on-street parking restrictions of the street.
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How long does it take to establish a new RPPP area?
It can take several months to establish a new area. Depending on the size of the impacted
area, the overall process from initial request to sign installation could take eight to twelve
months or longer.
Can I use my parking permit to park in any of the posted RPPP neighborhoods?
Each parking permit issued will be for a specific RPPP neighborhood or area. With the
appropriate parking permit, you may park within the boundaries of that specific RPPP area
only. Parking for a period of time greater than that posted, in an area other than that
designated by your parking permit, may result in your vehicle receiving a citation. The
RPPP cannot guarantee or reserve the permit holder a parking space within a designated
residential parking permit program area. Parking is on a first-come, first-served basis.
How are the restrictions enforced?
The Police Department will issue citations to vehicles that are in violation of the parking
restrictions. Enforcement is made by routine police patrols or by calling the Police
Department at (650) 522-7700.
Can a RPPP be abolished once an area has been created?
A RPPP may be removed per the program elimination process identified in the RPPP
Policy and Procedures document. The City is notified of the request, a petition is
circulated, a survey is distributed, a public hearing is held and if successful, the signs are
removed.
If you have questions or are interested in a Residential Parking Permit Program, please call Public
Works at (650) 522-7300.
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NEIGHBORHOOD DRAWBACKS ASSOCIATED WITH
‘RESIDENT ONLY’ PARKING
Although there are many advantages associated with a RPPP, the City would like to point
out some of the disadvantages. Please read the following information carefully while
considering the impacts of implementing a Residential Parking Permit Program in your
neighborhood.
1. The implementation of a Residential Parking Permit Program does not guarantee the
availability of parking spaces on a public street, or within a specific neighborhood. The
program creates an environment of natural competition for on-street parking between
neighborhood residents without the influence of long-term non-resident parking.
2. Creating a new RPPP area can take several months and requires a review by the Public
Works Director, and possibly the Public Works Commission and City Council
adoption. Other alternatives to the neighborhood issue may be implemented much
quicker.
3. A City survey must illustrate support by at least 67% of the residents responding within
the proposed area. Sixty-seven percent of the responding residents can impose their
parking desire on the other 33% of residents.
4. A parking impact generator must exist. Many neighborhoods do not qualify.
5. If you have guests that wish to stay for longer than two hours and park on the street,
you must obtain a visitor parking permit for the vehicle of your guest.
6. If you or your guest park in the street for longer than two hours without a permit, the
Police Department will issue a parking citation.
7. A residential parking permit program can be imposing to a neighborhood and create a
lot of inconvenience. These drawbacks must be weighed with the potential benefits
when considering the implementation of a program that would restrict outside parking
influences from your neighborhood.
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Residential Parking Permit Program Request Form
The purpose of this form is to enable neighborhoods to request the initiation of a Residential Parking
Permit Program in accordance with the City of San Mateo’s adopted Residential Parking Permit Program
Policy and Procedures. This form must be filled out in its entirety and submitted with any request to:
The City of San Mateo
Public Works Department
330 West 20th Street
San Mateo, California 94403
Feel free to attach additional sheets containing pictures, maps, or additional text if the space provided is
insufficient.
1. Requesting Individual’s Contact Information
Name: ____________________________________________
Address: ____________________________________________
Phone Number: _______________________________________
Email (optional): _______________________________________
2. Please describe the nature of the overflow parking problem in your neighborhood. What streets
in your neighborhood do you feel are affected by overflow parking? :
3. Can you identify a parking impact generator that is the cause of overflow parking in the
neighborhood? Are there any facilities (churches, schools, shopping centers, etc.) near this
location that generate a high concentration of vehicle and pedestrian traffic?:
4. Please describe how a Residential Parking Permit Program will be able to eliminate or reduce
overflow parking impacting the neighborhood:
5. Is there neighborhood support for submittal of this Residential Parking Permit Program
application? Have you contacted your HOA/Neighborhood Association?
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Neighborhood Petition Form for Residential Permit Parking
City of San Mateo
THE UNDERSIGNED BELOW AGREE TO THE FOLLOWING:
1. All persons signing this petition do hereby certify that they reside on the following street, which is
being considered for 2-hour residential permit parking: (Street Name)
2. All persons signing this petition do hereby agree that the following contact person(s) represent the
neighborhood as facilitator(s) between the neighborhood residents and City of San Mateo staff in matters
pertaining to this request:
Name: _________________________ Address: ___________________ Phone #: __________________
Name: _________________________ Address: ___________________ Phone #: __________________
Name: _________________________ Address: ___________________ Phone #: __________________
ONLY ONE SIGNATURE PER DWELLING UNIT
Name (Please Print) Address Phone Number Signature
1.________________ _________________________ __________________ ___________________
2.________________ _________________________ __________________ ___________________
3.________________ _________________________ __________________ ___________________
4.________________ _________________________ __________________ ___________________
5.________________ _________________________ __________________ ___________________
6.________________ _________________________ __________________ ___________________
7.________________ _________________________ __________________ ___________________
8.________________ _________________________ __________________ ___________________
9.________________ _________________________ __________________ ___________________
10._______________ _________________________ __________________ ___________________
11._______________ _________________________ __________________ ___________________
12._______________ _________________________ __________________ ___________________
13._______________ _________________________ __________________ ___________________
14._______________ _________________________ __________________ ___________________
15._______________ _________________________ __________________ ___________________
16._______________ _________________________ __________________ ___________________
17._______________ _________________________ __________________ ___________________
18._______________ _________________________ __________________ ___________________
19._______________ _________________________ __________________ ___________________
20._______________ _________________________ __________________ ___________________
Sllp po rt is not present, stafTwi ll identi fy
concerns, report resuhs to Ihe
neig hborhood and determine Ihe nex t
steps. Prior 10 slafT approval o f any
parking modifications, slaff shall
determine if current parki ng resources
ha ve Ihe ability 10 implement, manage and
enforce any increased workload.
5, Implementatio n or parking
Modifications
Non~pre ferenlia l park ing modi fi cat ions
may not require council approval for
implementation. Neighborhood
preferential pa r lOng modifications wil l
require council approval. Parking plans
may be implemented on a trial basis for a
set period of time to be evaluated and
considered for permanent implemen tation.
Projects will be placed
on a projecilisl sequentially in an existing
series of projects. Project costs may be a
determining faclor as 10 whether a project
can be Implemented.
NEIGHBORHOOD
PARKING PLAN
PROCESS
Parks & Public: WOI"ks
('08)399-5710
Police Department
(408)354-8600
February 2010
NEiGHllORHOOO: PARKtNG PLAN PROCESS
Reqt:es!s for cQil$ltieraHon of neighborhood
parking ptans must be submitted via a VvTit1en
petition to 1he Town. Upon acceplEmce of a
petllioll, mlliaJ data muy be g(l.lhered \0
establish a hetler understanding orlbe
reponed ISSUes. A determination WIll be
made ;f there are safety Issues requlf!ng
immediate attention. If no Immediate safety
lssues are present, Tov.71 slaffmay request a
future meeling with lhe pehhomng
nClghborho<XI to discuss the gal he red della
and possd")le parking modifications
Proposed chRnges require agtcemenl from
67% orthe Rffected residential households
prior 10 being considered by slaff as a
possible pBrkmg mooiflcnhO(), J\'Oll~
preferen!ial parkmg modifications may nOt
require CO\mClf approval fOI" final
Imp!ementation, wilde any ne'lghborhood
preferred parkmg modifi<:ation will require
coune:! approval pflor to fmal
Implementation. Any approved parkIng
rnodlficl'I!!ons wtll ~e placed on a prop2c! lisl
sequentm!ly Iti an existing series of projects.
ProJects may be re-pfJontized by the Police
Chief or Department ofPubllC WOiks
Dlre~toc
Proeess
1. Pdtlion
A nelgbborhood petitIOn is required to begm the
parkmg process. The petitIOn must mclude
signatures of at least 50% oflhe affected
resiLicnhal housebolds. Staff rclams Ihe nght 10
defIne the alTeeled are.a$. The pCiihon Will need
10 slate what spe-c111c problems ex.Sl, 31 what
lime the problems occur, on whal days of!he
week the problems arc Inosl significan! 30d
suggested potentia! mQdiftcatlOl1s_ Petitions will
be revIewed. prioritized and ptaced on a lis\, The
petillon WID be discussed wilh !he Transportation
hnd Parkmg Commission (I! h scheduled meeting
2, Dahl CoUedioll
Town staff will colleel datu \0 evaluale the
request. items lhat \Vl)! be considered dunng
data collectIon are parking compacllon. bours of
Hl1paC(, avadab!llty fOf reslden!lal ofT<streel
parking. cngineenng issues such as roadway
mmowness, design of the streel and general
safety issues Contributing causes to the parking
conditions Ihat will be considered are Ihe
f./rOXtmlty to a buslllcs$ dIstrict, schoo: or a
church, and ,he likelihood thaI parkmg c(lnlro!s
wl!1 negatIvely affect an adjQlOing area.
J. lufor01nllonnJ Neighborhood Meeling
1 f staff dele!!Y1lfleS lhal there lne issues Ihal
juslify consldCrlltlOn, lhey WJ!I schedule a
neighborhood meeting. The neIghborhood
meeting Will be an mformallOn and feedback
session, St,lfTwdl prese:lt Ihe dala galhered
by the lown and establish the boundafles to
define the neighborhood, Tbe netghborhood
will be Indvded m lhe developmertt of
pOSSIble solutioos and potential parking
modifications, AdditJonal analYSIS may need
10 be {:onducted after thiS imllal meetmg
The meeting sh{)u~d be attended by
repn:::senlal:veS from the POlice and Parks and
Public Works Departmen1s and may incillde
repreSenl<11ivC$ from the Trnnsportatlon And
Parkmg CommIssion
4. Additional Meetings and Proposed
Modifications
f\ fter review of any proposed modIfications,
s!aff may cOllvene addItional neigbborhood
meetiog,s 10 discuss altcrna!wes and
determine neighborhood preference and
ptlblic consenSlIs. The outcomes of the
rne<:!lOgs will refine Ihe deveiopment of
pOSSible modifications. Requested
modlficatio11s wfll need Ihe support of67%
of the arfected Hmdenlial households to be
implemented, if the required nerghbOlhood
Please think of the environment before printing this email -Thank you!
From: Simon Cintz [mailto:simoncintz@gmail.com]
Sent: Thursday, October 24, 2013 10:48 AM
To: Rodriguez, Jaime; Aknin, Aaron
Cc: Watercourse way; Sheilla Likar; Brad Ehikian; Palo Alto Downtown; Sullivan, Jessica
SuJ>ject: Re: Oct 17 Meeting HigbJigrts
Jaime and Aaron-
Thank you for following up so quickly with me. I did take a look at the meeting notes. I do hope you will look
at my "highlights" of the meeting email. The problem with the published minutes is that it is very detailed,
person by person, and one cannot "see the forest for the trees" in the minutes. However, I do believe that both of
you are well aware of the major issues that face our Downtown/SOFA businesses and employee in regards to
RPP.
I have a few questions:
1. I'll start with the BIG QUESTION, which I do not expect you to answer immediately, but I do hope you will
answer well before the Planning Commission meeting. The BIG QUESTION: What changes to the current
RPP plan will you propose to address the issues that businesses and employees raised at the OCT 17
meeting? If the plan doesn't change, then we might as well not have had the meeting. I am hopeful that your
department will take our concerns seriously and make SIGNIFICANT modifications to the RPP plan so as to
make it a fair and balanced plan for residents, businesses, and employees. We are ALL part of the Downtown
community and we ALL should have our needs addressed fairly.
N ow for the easy questions ...
2. What are the hours of enforcement currently proposed for the RPP zone in residential areas? M-F, 8am-5pm?
24/7? or something else?
3. When will the RPP plan be presented to the Planning Commission at a public meeting? It is typical that the
Planning Comnlission reviews and makes recommendations prior to consideration by the City Council. I
assume that the same is planned for RPP.
Thanks,
2
From: Simon Cintz [mailto:simoncintz@gmail,com]
Sent: Wednesday, October 23, 2013 9:36 AM
To: Rodriguez, Jaime; Aknin, Aaron
Cc: Watercourse way; Sheilla Likar; Brad Ehikian; Palo Alto Downtown
Subject: Oct 17 Meeting Highlights
Aaron and Jaime,
Thank you for taking time to listen to SOFA (and some "downtown proper") businesses at the October 17
meeting. I hope that your department will take our concerns seriously and put together a plan that is supportive
of businesses/employees, yet still effecti vel y addresses the overparking problem in the residential areas.
Below is my list of the highlights from the October 17 meeting. Please understand that it is NOT an exhaustive
list of all the issues that attendees raised. It highlights those issues that I feel represent the vast majority of those
at the meeting. There are other issues that are important also and may grow in significance as the RPP program
receives closer examination.
The following items are in no particular order. Numbering does NOT imply priority.
1. Do NOT take away or modify ANY of the existing two hour free street parking already in the greater
Downtown (This includes SOFA). Do not sell it to residents. Do not sell it to non-residents/employees. Do not
convert it to longer or shorter parking time periods. The existing 2-hour free street parking needs to stay AS IS
because it serves our local business customers. Period.
2. From DAY ONE of implementation, an RPP program must provide sufficient parking for all existing
businesses and employees in the greater Downtown area. We are concerned that the City's proposed 15-20%
starting point, will leave many without any parking. Where will they park? Walking 7,8, or more blocks one-
way to work is not a reasonable option for those paying $466/permit. The City has not provided any concrete
alternatives that are in1IDediately and adequately available to make up for the employee parking deficit that the
proposed RPP program will immediately create.
3. The cost of parking needs to be affordable. Many small businesses and low income employees (often
working part-time) cannot afford the $466/year. The Hangtag program, while a good idea, does NOT
significantly reduce the cost of parking to businesses/employees. It is a great way for a business to transfer a
parking permit from an employee who is quitting to a new employee who is just starting, but it is a
NIGHTMARE to administer if it is used (as Aaron suggested) on a shared basis by multiple employees/shifts at
a business.
4. Employee safety is a primary concern for both businesses and employees. The current RPP zone can require a
person to walk many blocks back to hislher car in the dark along dimly lit residential streets in the huge RPP
area. What will the City do to ensure employee safety that results from the implementation of RPP over a 100+
residential block area?
5. RPP program issues are complex and RPP is NOT READY for in1plementation in Palo Alto. It appears that
the City has insufficient data to determine how many employees will be displaced by only initially offering 15-
20% of capacity to employees. The City needs to do a study to fully understand the impact of this program on
4
businesses and their employees. Without us there would be no "downtown".
6. The RPP program should not be the first step in solving the parking problem. RPP may have it's place
AFTER the City has provided additional garages, Caltrain intensives, and shuttle programs. Once these
programs are in place, ONLY then will employees have realistic parking/transportation options to choose from.
7 . We want the City to treat Downtown/SOFA employees with the same respect that the City treats it's own
employees.City employees are already given free parking and will be encouraged to use public transit, as an
OPTION if appropriate for the individual City employee. However, the RPP is forcing the greater Downtown
business employees to "get out of the neighborhood" and find some other way to get to work. The City-should
treat our employees with the same respect that it treats it own employees, allowing EVERYONE reasonable and
flexible options.
8. Over and over again we heard that the Downtown/SOFA small businesses serve local neighborhoods and
Palo Alto citizens at large. We are an asset to the community and should be treated as such. Don't kick us out of
our own neighborhood. We are part of the neighborhood contributing to nearby residents and Palo Alto at large.
It's been this way for decades We need to preserve BOTH the residential and business areas that make up our
downtown community.
I hope we will b~ able to continue a meaningful dialogue that will produce a fair and bal(,U1ced plan consideri~g
both residential and business needs. The current RPP plan as proposed by the City is lopsided and hurts
businesses and their employees.
Thank you,
Simon Cintz
Cintz Commercial Properties, LP
P.O. Box 1216
Palo Alto, CA 94302
831-247-2387
5
Tamale, Diana
Subject: FW: Email 6
From: Simon Cintz [mailto:simoncintz@gmail.com]
Sent: Thursday, October 31, 2013 9:11 AM
To: Aknin, Aaron
Cc: Palo Alto Downtown; David MacKenzie; Rodriguez, Jaime; Sullivan, Jessica
Subject: City Wide RPP at Council Meeting?
Aaron -
During our brief conversation yesterday at the DowntoWn walk, I think you said that the City Council at their
December meeting would consider adopting a "City Wide" RPP program. Maybe I misheard you or
misunderstood. Please accept my apologies if I didn't properly understand your comments.
Please clarify what the planning/transportation department is intending on asking the Council to consider at
their December meeting. Will the Council be asked to consider adopting RPP as a City Wide program/concept
... or ... will the it be asked to limit that meeting's focus to the Downtown RPP program that we have been
discussing in public meetings the last few months? Or something else?
I have copied Russ Cohen and David MacKenzie on this email. Since the Council meeting will be the next
public meeting regarding RPP, it is important that we are all clear on what the Council will be asked to consider
and vote on.
Thank you,
Simon Cintz
Cintz Commercial Properties, LP
P.O. Box 1216
Palo Alto, CA 94302
831-247-2387
1
Tamale, Diana
Subject:
Attachments:
FW: Email 5
IMG_2660.J PG
From: Simon Cintz [mailto:simoncintz@gmail,com]
Sent: Thursday, November 14, 2013 10:19 AM
To: Gitelman, Hillary
Cc: Aknin, Aaron; Rodriguez, Jaime; Sullivan, Jessica; Hal Mickelson; David MacKenzie; Palo Alto Downtown; Brad Ehikian
Subject: Chamber Meeting Followup
Hillary -
I appreciate you and your staff coming to the Chamber of Commerce meeting yesterday. I appreciate your
willingness to reach out to businesses and hear what they have to say. I hope you will continue to be open to our
needs and concerns regarding parking issues.
I was originally told that Jaime was going to make a presentation on RPP and that I would follow him with my
presentation which focused on the business problems with RPP. That format did not happen, but I do think we
had a very useful discussion in the meeting.
Since I wasn't given an opportunity to do a formal presentation (as I had planned), I'm concerned that some of
my unprepared comments weren't as clear as I would like them to have been. Therefore I am writing this email
in the hope that if I didn't communicate clearly, that I can do so now.
I have spent many days literally walking from business to business in the SOFA (South of Forest Avenue)
and Downtown areas. I've talked to over 50 business people in the last few months about RPP relative to
their needs. Here are a few of the key points regarding business needs that I think you, your staff, and,
eventually, the City Council need to take into serious consideration:
1. Overall, the RPP program presented by your Department in the Sept 24&26, 2013 public meetings is
VERY BUSINESS UNFRIENDLY. This is the almost UNANIMOUS position of small businesses in the
greater downtown area.
2. Your department can make RPP much more business friendly. Primarily this can be done by increasing
the percentage of residential street parking allocated to businesses. The currently "proposed" maximum of 40%
with an initial starting point of 15-20% is very far from adequate to take care of business employee needs. (I put
the word "proposed" in quotes for Aaron's benefit to avoid a semantic squabble. Aaron, I know this is not a
formal proposal, but it is a clear indication of how unbalanced of an approach the Planning and Transportation
Department is taking toward business needs.)
3. A very low allocation of street parking space to employees leaves business owners with the unsolved
problem of "Where will my employees park?". On Oct 17, I and Sue Nightengale, owner of Watercourse
1
Way with approx. 70 employees, organized a SOFA area business meeting with Jaime and Aaron. This issue
was often repeated by the businesess attending. Also, of major concern was employee safety. The lower the
allocation, the further employees must walk to their cars. After dark, this becomes a major concern for
employees and the business owners/managers they work with. Additionally, any allocation of space in
neighborhoods that requires a long walk from parking place to work is useless to businesses. As I'm sure you
are aware, the very large size of the "proposed" RPP zone is not done so as to allocate nl0re space to employees,
but rather just the opposite ... to keep employees from evading the zone restrictions and parking outside of them.
4. Understandably, preservation of residential neighborhoods must be a key Planning/Transportation
objective. I hope you and your staff understand that preservation of the business contmunity must also be
an important objective. Business parking needs to be INCLUDED and BALANCED with the residential
needs. I grew up in this area and my parents lived in the SOFA residential neighborhood for many years.
Businesseshave been parking on these residential streets for many decades and parking issues has been "a fact
of life" for many decades. (I won't bore you with my stores of growing up in Palo Alto, but I do have 50+ years
of personal experience with -the SOFA business and residential areas.)
5. Th,e Planning/Transportation Department has done a very poor job of outreach to businesses and also
to residents in the non-impacted neighborhoods. Notices of the public meetings are often not sent to business
owners/nlanagers. Residents in the outlying areas that are part of the "proposed" RPP map receive these notices
but ignore them because "Why should we attend a meeting about Downtown parking? We don't have a problem
on our street, therefore there is no reason to attend." The voices that the City Council and
the Planning/Transportation department have been hearing are ONLY those of very loud and well organized
residents in the highly impacted neighborhoods. I acknowledge that these residents have valid concerns, but
they are not the only ones in the community. By not reaching out to businesses and non-inlpacted residents,
your department is only hearing "the loudest voice in the room". The quieter voices are also important and need
your sincerely attention. We need a COMMUNITY SOLUTION that addresses the needs of all, not just the
loudest.
6. If you truly want to hear from businesses and employees, then postpone the December Council public
hearing on city-wide RPP until mid-January. This problem has been going on for over 30 years, waiting
another 30 days to include businesses and their employees in the discussion will not cause irreparable harm to
anyone.
Lastly, I am attaching a photo that I took on Nov 12th (Tuesday) in the College Terrace RPP zone taken
at about noon. I would have shown it at yesterday's meeting if I had been able to do a formal presentation. It
was taken at the comer of College and Wellesley, looking east along College toward EI Camino. The location is
less than four blocks from the busy EI Camino Business District. Noon is the busiest time of day for customer
parking in the nearby business district. The College Terrace RPP program only allows residents to purchase
permits. Businesses are excluded.
Notice that the photo shows almost NO vehicles on the street. Admittedly, not all College Terrace streets
look this way. When I look at this photo, I see a wasted COMMUNITY RESOURCE because business
employees have been excluded in reasonable and manageable numbers from this neighborhood. Where are
these "excluded" employees parking now? They have been pushed into the residential streets near California
Ave making that situation worse. And, of course, the California Ave residents are now complaining.
The College Terrace RPP program has simply moved the problem of business parking from one
neighborhood (College Terrace) to another (California Ave.). This is the result of an OVERREACTION by
the Planning/Transportation Departments to "the loudest voices" in College Terrace. Instead of just excluding
Stanford Students (the major cause of overparking in the area) the College Terrace RPP program needlessly
excludes ALL NON-RESIDENTS. I hope the Planning/Transportation Department will not make a similar
mistake in planning a city wide RPP framework.
2
Businesses and their employees are a valuable part of the Palo Alto community. Your department and
the City Council needs to acknowledge this and act accordingly.
Thank you for listening.
Simon Cintz
Cintz Commercial Properties, LP
P.O. Box 1216
Palo Alto, CA 94302
831-247-2387
3
Second, a pipeline report should regularly be made public for both Ventura and Evergreen
neighborhoods.
Through these efforts in sharing data, I hope that we can all work together effectively to evaluate and
plan for future growth in our neighborhood.
Chris Donlay
Pepper Avenue (Ventura Neighborhood)
Palo Alto
2
-rhis is the main (residential) person in Downtown North pushing for new parking and development regulations.
AA
From: l\Ieilson Buchanan [mailto:cnsbuchanan@yahoo.com]
Sent: Saturday, October 26, 2013 11:03 AM
To: Keene, James; Aknin, Aaron
Subject: Moving Ahead at Faster Pace
Jim and Aaron, thanks again for your time again. I think we agreed that all the stakeholders for seri'sible development in
Palo Alto need to adopt a bias for action. Several of the attendees of the Oct 24 have reflected on our diScussion and I
think there a growing consensus that residents can move forward by taking the following actions:
1. I will meet with Roxy and Chop on Wednesday. I suggested a second resident to participate but Roxy felt this initial
meeting should be limited. I have no problem with this. I have no agenda except to find common ground and start a
collaborative,open problem solving process of any scope. Doing a few things well should be our mantra.
2.0ct 24 attendees and other citizens unable to attend should meet with new Planning Director at her earliest
convenience. Please convey our urgent desire to meet with Aaron and her.
3. It is our understanding that Aaron and Planning Department Staff will produce the latest development pipeline data
(March 18 format) as soon as feasible. Regular updates are essential; otherwise our forecasts of parked vehicle impact on
residential streets will be outdated as projects change. 500 University seems to be a good example of outdated .
data. We feel pipeline data is the cornerstone to keeping neighborhood leaders and their fellow citizens informed and
involved. Most importantly, without this information there will be no real sense of urgency from any stakeholder. Aaron,
when can we expect this report for the University and California Avenue commercial cores? It is only a matter of
time before new resident stakeholders from Old Palo Alto, Crescent Park and University South wake up and assess the
commuter parking spillover threat.
4. Hopefully stakeholders will be responding spontaneously and creatively to parking, traffic, housing, etc with many
solutions of all sorts. I predict a very welcomed shift from Palo Alto's slow, often stalemated problem solving
process .... from passive problem solving to perhaps over-reaction downside. If the Planning Department will respond
with better framing information, then stakeholders will understand the significance and relative impact of solutions as they
move from concept to serious study by Planning Department and stakeholders. WPP/RPP is a good example for the
need to frame the emerging solution components now so that everyone's expectations are realistic as the idea moves
from concept to policy(ordinance) to contract/funding and finally to implementation.
Attached is our amateur effort to give basic timeline framework for WPP/RPP. For obvious reasons every stakeholder
should be monitoring the rollout and timelines of permit parking, but it does not make sense if every stakeholder is
throwing out uninformed information about timelines, etc ... especially since it is impossible for all stakeholders except
COPA to know the capital and operating costs.
I am speaking only for a handful of residents ... albeit very involved and very involved neighborhood leaders living near the
two commercial cores.
thanks again, Neilson
Neilson Buchanan
155 Bryant Street
Palo Alto, CA 94301
650 329-0484
650537-9611 cell
cnsbuchanan@yahoo.com
2
Why we need the COPA Planning Department to frame issues and let all
stakeholders understand how key solutions [such as WPP and RPP] will develop
Underlying issue: Commuter Parking Intrusion into Evergreen Park and Downtown North has exceeded
critical levels. Quality of neighborhood life is far more compromised than the Newell Bridge/Crescent
Park situation and the quick fixes are impossible. Fixes may require 24 +months and are risky due to the
fact that demand may outpace COPA's ability to craft a WPP/RPP solution. This is the prime reason to
frame permit parking project throughout its evolution. Without a common sense of direction and
urgency the Council will fail in its attempt to address quality of neighborhood issues.
We all now have a common understanding that no concrete proposal for WPP or RPP will be on the table
for consideration until late Spring 2014 ... at the earliest...how long it will take to reach a go-ahead Council
decision is problematic. So count the days from March 18, 2013 ... my most optimistic prediction is
Memorial Oay May 25 2014
It took 271 days to get Council to.approve the ordinances to reform outdated exemptions. Everyone ,,,.
recognized the relative simplicity of this "near-term" solution.
The number of number of linear-term solution" for WPP and RPP could be well in excess of 434 days
[March 18, 2013>May 25, 2014]
I bet James Keene a good glass of wine that the next Mayor will be lucky to drive the proposal step
before late May 2014. Maybe just maybe ... real collaboration will un'fold and a faster track will be
discovered.
I want to be clear. I am not faulting City Staff or Council. The process is necessary but only a few
timelines are finally clear. The only way to hit May 25 is concurrent fast tracking a parking lot out on a
frontage road along 101 with shuttle service. This parking lot and/or attendant parking in all 4 garages as
previously presented to Council presumably are active projects now. This would assure downtown
workers are not displaced by permit parking in 2015. I don't have all the ideas and hope I am
overlooking fast track options.
There is one big fallacy in these assumptions. Staff and Council seem to be assuming that demand from
existing office/retail spaces plus new development completed before 2015 do not create another 200-400
workers searching for parking space ... very real probability. It is critical that the unused, virgin'al space on
the top floors of High, Cowper and Bryant garages be fully utilized by attendant parking .... nobody has
yet suggested any other solution for WPP/RPP displaced service and professional workers except one or
two worthy, but unproven low hanging fruit TOM concepts. However, fast-tracked TOM solution are
impractical without a functioning WPP/RPP.
If the Council and all stakeholders can get a proposal to Council by May 26, 2014, what it is timeline for
implementation?
City Planning Staff can sketch out the framework with simple planning tools, for example. This is basic
planning not rocket science. A good contractor for home remodeling can do this now not later in 2014.
Here are just a few elements to consider:
1. Explanations to residents
2. Voting into the permit blocks or zones
3. Information and sale of permits to workers
4. Enforcement procedures and resources
5. Contracting and installation of signage
:.' ... ,:
6. Parking alternative(s) for 600+ displaced workers actually functioning
7. etc, etc
Let's get these steps into a timeline.
My crude guess is that COPA and stakeholders will be pondering this project well into 2015 with a new
Council and another mayor. I have few facts and a limited common sense to make this last assertion.
But the Council and Staff are in a very bad position for not making this timeline clear to all the
stakeholders within the next 2 months. Bad behavior, mistrust and failed corrfidence in local government
happens when expectations are not met either on purposefully under-managed.
I am reasonably confident that City Staff is aware of the parameters of the WPP/RRP project but too
many people are in the dark. I am very impressed when the Planning Department has adequate staffing
and resources. So let's fully utilize those talents.
My biggest concern is based on fear based intuition, partial information and bad data: Three hallmarks
of no quality control and I am guilty of this quality lapse. If I am the least bit accurate about a mid-2015
implementation of permit parking, then the amount of growing, cumulative demand for parking spaces
could be disastrous for every stakeholder.
BODOM LINE: THIS IS A BEST CASE ARGUMENT FOR COPA PLANNING DEPARTMENT TO START AN OPEN
FRAMING PROCESS FOR KEY SOLUTIONS SUCH AS WPP/RPP.
Drafted by Neilson Buchanan October 26, 2013 with the input of few expert residents
Hello Aaron,
So what do you think of the proposal that I and 126 people have put forward to alleviate the downtown
parking problem?
https://www.change.org/petitions/palo-alto-city-council-please-don-t-eliminate-employee-parking
http://paparking.we~bly.com/
Is there any reason why you and your staff cannot attempt this proposal to see if it solves the problem before
implementing your own proposal?
It appears to hundreds of people that your current proposal is overkill in .
dealing with the parking problem, especially when you will be eliminating hundreds of parking places
that are not adjacent to any homes but adjacent to pUblic parks essentially eliminating the use of those
parks by fellow Palo Alto residents who do not live in the acceptable neighborhoods.
Johnson; Hopkins; Heritage and.Scott parks will be off limits ,during weekdaystQ fellow. P,alo Alto,residents:who
live south of Embarcadero and East of Middlefield Roads. Will you be denying the use of Eleanor Pardee;
Rinconada; Peers and Mitchell parks to residents who live north of Embarcadero and West of Middlefield
Roads?
Tony Ciampi
P.So Some of the comments regarding this proposal:
Mike McCue PALO ALTO, CA
• 19 days ago
• Liked 0
We are building an important new startup in Palo Alto and creating jobs. We will be forced to move to
Redwood City if it's too difficult for our employees to park.
Shabeen Chollampat PALO ALTO, CA
• 19 days ago
• Liked 0
Business bring lot of taxes for the city. Employees should not have to worry about getting tickets while they
work
Simon Cintz PALO ALTO, CA
4
• 20 days ago
• Liked 0
This proposal deserves serious consideration by the City Transportation Department, downtown
businesses/employees, and downtown area residents. At least it attempts to be fair and balanced, unlike the
City's current (Sept 2013) parking plan.
Charlene Gibson PALO ALTO, CA
• 19 days ago
• Liked 0
Fair parking supports all stakeholders. Residents get what they have requested. Workers get the free parking
that has allowed businesses to thrive. I live and work in Palo Alto and believe this is proposal demonstrates fair
parking. Try this plan before you try the RPP solution.
Jon Virtes MOUNTAIN VIEW, CA
• " ,+9 d~y~ agp
• Liked 0
I don't just work in Palo Alto. I eat lunch and dinner, go for drinks, run errands, ship packages, do my banking,
shop on University Ave, the mall, and other business in the area that I can drive to on a break. Yes, drive. This
is all because I work in Palo Alto. If I no longer work here, then I won't be here to do business, its that simple.
We're more than just workers and annoying cars parked on the street. We're the backbone of a thriving
economy. This is what prosperity looks like and shortsighted plans like the one currently being considered can
kill it. There must be a better solution, the one suggested in this petition seems like a more reasonable
approach to seriously consider.
If not, then ask the people of Detroit if they would rather have good, high-paying jobs in their town or if they
would rather not have to walk a block to their house during the hours of 9-Spm.
Carla Galaz SANTA CRUZ, CA
• 18 days ago
• Liked 0
I have to work 2jobs to make ends meet, I need my car right after work to go to my next job. It would be a
hardship on me to pay the parking plus the parking avalable is quite limited once the residence parking is
doled out. I park several blocks away to be sure clients can park close to our bussness. It is prejudicial to have
the restriction for those of us who provide a service to the public. Our bussness brings people to the area who
also patronize other places.
Debra Peterson OCEANSIDE, CA
• 18 days ago
• Liked 0
5
I work on Channing near downtown PA, and already compete for parking --if the city of Palo Alto goes ahead
with their current plan, it will be too costly for me to afford to continue with my current position. I work with
150+ others who will also be affected. I cannot believe the residents don't get the connection between causing
workers to pay for parking ..... and the higher------much higher prices THEY will be paying to enjoy the
downtown area amenities!
Abby Wittmayer SAN JOSE, CA
• 12 days ago
• Liked 0
I work in Palo Alto as well as my 190 Team Members at Whole Foods Market. We provide the residents a
neighborhood market within walking distance. We desperately need the parking spots for our Team Members.
Renee Swink OAKLAND, CA
• 3 days ago
• Liked 0
I work at the Stanford Mall and have often enjoyed going downtown-the businesses there provide valuable
services to the public-while I acknowledge that parking is limited, I do not understand why those who can
likely least afford to pay for parking should be made to.
For all of the comments go to:
https://www.change.org/petitions/palo-alto-city-council-please-don-t-eliminate-employee-
parking
From:Aknin, Aaron (Aaron.Aknin@CityofPaloAlto.org)
Sent: Wed 9/25/13 2:11 PM
To: Tony Ciampi (t.ciampi@hotmail.com)
Thanks Tony. I will take a look.
Aaron
Sent from my iPhone
6
Tamale. Diana
Subject: FW: Email 4
From: Richard Brand [mailto:mmgos@earthlink.net]
Sent: Friday, October 18, 2013 12:15 AM
To: Neilson Buchanan; Paul Machado; dedra@pacbell.net; David@ecomagic.org; Chris Donlay; Elaine Uang; Elaine
Meyer; Sally-Ann Rudd; Marion Odell; Linda Anderson; Bruce Heister; beasley@stanford.edu; Pat Markevitch; Patrick
Butler; norman.beamer@ropesgray.com; John Guislin; Jeff Levinsky; Fred Balin; Summa, Doria; Paul Karol; Ana Carvalho
Cc: Keene, James; Aknin, Aaron; Rodriguez, Jaime
Subject: Re: Fw: Meeting at 4:00
NeHson et al:
I found this meeting today to be very interesting and positive, especially to hear the commentsfrom trnose' business ,
people who came to this meeting. First of alii have to say that I am very pleased to have Aaron in the position that he
has at Staff and I told Jim Keene that today at the meeting. To announce the meeting under the auspices of a "full
disclosure" is so fundamental and yet surprising and I told Jim that he is a "breath of fresh air". We REALLY need to
support this guy and he and Jaime together are doing good work.
Overall, I found those in the meeting to be generally sympatico to we residents and the majority of the attendees were
only looking to Aaron and Jaime as reps of CPA to provide a solution that would allow both their customers and their
employees to have a fair chance to park near their businesses. A very fair request.
The Council should hear from this audience, (not just from Cintz who I felt was in a minority in the meeting) as they are
looking for an equitable solution.
One of the things that was not put to the audience in the formal Staff presentation but which received a large majority
support from the audience was my suggestion that the City provide parking off site, (Le. outside of the residential area)
and have a shuttle bus bring employees into the downtown business area. Previously Aaron and all have suggested this
option and it was well received by the audience tonight. The other issue that I found to be overwhelming was the support
for "Concept A" with the 3 hour option but with the component that the existing 2 hour parking zones near the businesses
not be reduced with RPP. I can agree with this because I see that the new high density residents along Alma and High
streets who already have underground parking, are not opting to park in their garages and are taking parking away from
the businesses in those areas.
Again Neilson, thanks for letting me know about this meeting and also to Aaron for sending out his note.
We will make this work and I now think we are quite close to a solution which includes the 3 hour "free" parking option.
Regards,
Richard
Richard Brand
-----Original Message-----
From: Neilson Buchanan
Sent: Oct 17,2013 11 :44 AM
To: Paul Machado I "dedra@pacbell.net" , "David@ecomagic.org" I Chris Donlay , Richard Brand I Elaine Uang , Elaine
Meyer I Sally-Ann Rudd , Marion Odell, Linda Anderson I Bruce Heister, "beasley@stanford.edu" , Pat Markevitch I
Patrick Butler I "norman.beamer@ropesgray.com" , Jol1n Guislin , Jeff Levinsky, Fred Balin I "doriasumma@gmail.comll ,
Paul Karol, Ana Carvalho
Subject: Fw: Meeting at 4:00
fyL .. could be interesting see Aaron's email below
Neilson Buchanan
155 Bryant Street
Palo Alto, CA 94301
1
demand for all day commuter parking is as great as we think it
will be during the next few years .. (based on the pipeline
data)then how will those tenants park? I can only speculate
that Proposal A and B would force tenants to Crescent Park and
Old Palo Alto or Stanford Shopping Center.
5. We had a good steering committee meeting on October 8. As
soon as I get a consensus about the meeting notes, I will
forward them to you. There are many questions that you can
address with FAQs on the city website. At the very least you
can get a glimpse into our concerns. I think the steering
committee was committed to launching into permit parking with
the understanding that we all will learn as we go and make
appropriate adjustment when the time is right.
Neilson Buchanan
155 Bryant street
Palo Alto, CA 94301
650 329-0484
650 537-9611 cell
cnsbuchanan@yahoo.com
I') I 1 '1
From: "Aknin, Aaron" <Aaron.Aknin@CjtvofPaloAlto.org>
To: "Neilson Buchanan (cnsbuchanan@yahoo.com)" <cnsbuchanan@yahoo.com>
Cc: "Rodriguez, Jaime" <Jaime.Rodriquez@CitvofPaloAlto.orq>
Sent: Monday, October 14, 2013 10:02 AM
Subject: FW: prep work for RPP In DTN
Nielsen -please see Jaime's responses below. Thanks, Aaron
From: Rodriguez, Jaime
Sent: Thursday, October 10,2013 10: 13 AM
To: Aknin, Aaron
Subject: RE: prep work for RPP in DTN
See the responses below. Thanks.
Jaime O. Rodriguez I Chief Transportation Official
250 Hamilton Avenue I Palo Alto, CA 94301 o ,., or D: 650.329.21361 E: laime.rodrigueZ@citvofpaloalto.org
P LO
ALTO Please think oj 'he environment beJore pril11ing 'his elnail-Thankyoul
2
From: Aknin, Aaron
Sent: Thursday, October 10, 2013 9:45 AM
To: Rodriguez, Jaime
Subject: FW: prep work for RPP in DTN
From: Neilson Buchanan [mailto:cnsbuchanan@Yahoo.com]
Sent: Wednesday, October 02,2013 11:28 AM
To: Aknin, Aaron
Subject: prep work for RPP in DTN
Next week DTN will be convening an informal DTN steering committee to deal with known issues and to
identify other issues necessary to move forward with the staffproposal(s). We have invited representatives
from Crescent Park and DTS to attend. I anticipate that both Staff and Residents will have meaningful
suggestions before the proposals go to PTC.
As soon as you return to work, can we have a quick conversation on how best to address the important
questions below:
1. How many worker parking permits does the city want to allocate to DTN? It is impossible for us to analyze
any proposal without this information.
The two proposed RPP concepts identified the total number of permits that would be sold to commuter employees
assuming up to 400/0 permits of the on-street parking spaces. We would not suggest starting with 400/0, maybe 20% and
then adjusting up depending on the number of resident permits sold and monitoring. We are currently proposing residents
to purchase up two permits per household but no cap resident permit sales.
2. How is allocation of space determined in the parking garages? On the surface, it appears that most of the
decision making is controlled by the private governance of the parking assessment district. The issue is the
ratio of permit space vs time restricted parking spaces. Since both staff RPP proposals create a massive an10unt
of time restricted parking in DTN and DTS, my concern is that the parking garages could be converted to
greater amounts of all day parking permitted spaces, thus displacing 2, 3 and 4 hour parking gradually onto
residential neighborhood streets. As of September 2013 there is bountiful midday, 2 hour parking capacity in
both Calif and Univ Ave commercial districts; however, available spaces are not uniformly spread
The City monitors both Visitor and Permit parking spaces in the garages/lots twice per year. Modifications to permit
supply are made based on the count data received, staff monitoring, and input from the parking control officers. We've
currently stabilized the permit sold threshold and it varies per site. Once we implement the trial Attendant Parking
program we will release additional permits at Lot R. The attached file shows the VisitorlPermitslPermit Thresholds per
garage/lot. Previous business and visitor input was to not reduce the amount of visitor parking in garages because it
appears well balanced to encourage Downtown use.
3. What are the controls on restaurant and hotel valet parking? For example, are valet parking services allowed
to temporarily park on "daytime" time restricted spaces and then move them before expiration of "the time
periods? Are valet services allowed unlimited use any "commercial" time restricted spaces after Spm for
example. Are valet services currently allows to use unrestricted "residential" streets? Are there penalties for
violations valet IInLles"?
Valet programs are administered by PD. Each valet program needs to identify where vehicles are parked and city
garages/lots are not allowed for parking of valet programs. Each of the valets in operations has an agreement with a
private property to park vehicles on off-site locations.
3
4. Have you followed up with the allegations that some downtown businesses are using paid staff to move
vehicles around the color restrictions?
We have not surveyed individual businesses to detennine if they have staff dedicated to moving cars.
Neilson Buchanan
155 Bryant Street
Palo Alto, CA 94301
650 329-0484
650 537-9611 cell
cns buchanan@yahoo.com
4
Tamale. Diana
Subject: FW: Email 3
From: Michael Hodos [mailto:mehodos@mac.com]
Sent: Wednesday, October 16, 2013 6:58 PM
To: Aknin, Aaron
Subject: RPP -Food For Thought
Aaron:
Over the past few weeks in informal discussions with my Professorville neighbors about the key elements of the
RPP proposal you presented at the end of September four themes emerged repeatedly:
• "Why does it have to be so complicated? Why can't the resident permits allow the purchasers to park
anywhere rather than limiting them to the color zone in which they live?"
While virtually everyone sees the need for the color zones to control the distribution of non-resident permitted
parking, most questioned why resident permit parking should be controlled given that residents will inevitably
try to park as close to their homes as possible anyway. Wouldn't this also make enforcement simpler?
• "Why can't we vote block by block as opposed to color zone by color zone?" The issue here seems to be the
concern that the "edges" of the zones not yet impacted by intrusive parking (i.e. further from downtown) will
inevitably reject the plan "for now" until they are affected.
• The desire to have the City should provide a printed F AQ document that addresses key issues associated with
the program, including but not limited to permit pricing, anticipated number/percentage of non-resident permits
per block face, guest permit protocols, anticipated number/percentage of transient "open spaces" per block face,
future options to opt into the program, etc.
• The strong feeling that if the program is managed in such a way that the blocks end up fully parked or nearly
fully parked then what's the point?
Michael
mehodos@mac.com
P.S. If you decide to produce a FAQ document I would be happy to work on it with
whomever you designate to be responsible for the document.
1
Tamale. Diana
From: Aknin, Aaron
Sent:
To:
Tuesday, December 03, 2013 5:29 PM
Francisco Salazar
Cc: Sullivan, Jessica
Subject: RE: Stop Residential Parking Permits (RPP) Plan
Hi Francisco,
Thank you for your email regarding the implementation of a Downtown Residential Preferential Parking Program.
apologize for the delayed response.
City staff definitely recognizes the potential impact of a Downtown RPP District on local businesses and we are hoping to
develop a program that minimizes those impacts. Also, we are actively working on other strategies designed to support
the parking and transportation needs of local businesses and commuters.
We will be presenting some initial thoughts about these initiatives at the City Council meeting on December 16th, and
would welcome your continued participation.
Please contact Jessica Sullivan, Parking Manager, at the email address above if you have any questions. Feel free to
contact me as well.
Thanks,
Aaron
Aaron Aknin I Asst. Director of Planning and Community Environment
250 Hamilton Avenue I Palo Alto, CA 94301
D: 650.329.2679 I E: aaron.aknin@cityofpaloalto.org
Please think of the environment before printing this email-Thank you!
-----Original Message-----
From: Francisco Salazar [mailto:fjsalazar510@yahoo.com]
Sent: Wednesday, November 27, 2013 6:52 PM
To: Council, City
Cc: Aknin, Aaron
1
Subject: Stop Residential Parking Permits (RPP) Plan
Honorable Council Members and Aaron Aknin,
I Work for Watercourse Way in the SOFA downtown district in Palo Alto.
My shift is 5 hours with only 10-15 minutes in between clients; I cannot move my car every 2 hours.
My shift ends after dark and walking many blocks to my is dangerous.
Sincerely
Francisco Salazar.
Sent from my iPhone
2
Tama Ie, Diana
From: Aknin, Aaron
Sent:
To:
Tuesday, December 03, 2013 5:28 PM
Lizzy Gru ber
Cc: Sullivan, Jessica
Subject: RE: Stop Residential Parking Permit Plan Now!!!!
Hi Lizzy,
Thank. you for your email regarding the implementation of a Downtown Residential Preferential Parking Program.
apologize for the delayed response.
City staff definitely recognizes the potential impact of a Downtown RPP District on local businesses and we are hoping to
develop a program that minimizes those imp'acts. Also, we are actively working on other strategies designed to support
the parking and transportation needs of local businesses and commuters.
We will be presenting some initial thoughts about these initiatives at the City Council meeting on December 16th, and
would welcome your continued participation.
Please contact Jessica Sullivan, Parking Manager, at the email address above if you have any questions. Feel free to
contact me as well.
Thanks,
Aaron
Aaron Aknin I Asst. Director of Planning and Community Environment
250 Hamilton Avenue I Palo Alto, CA 94301
D: 650.329.2679 I E: aaron.aknin@cityofpaloalto.org
Please think of the environment before printing this email -Thank you!
-----Original Message-----
From: Lizzy Gruber [mailto:lizzy.gruber@gmail.com]
Sent: Tuesday, November 26, 2013 9:12 AM
To: Council, City
Cc: Aknin, Aaron
Subject: Stop Residential Parking Permit Plan Now!!!!
Honorable Council Members and Aaron Aknin,
1
I work for Watercourse Way in the SOFA downtown district in Palo Alto.
My shift is 5 hours with only 10-15 minutes in between each client; I cannot move my car every 2 hours.
When I am sick, I need other therapists to work my·shift and they usually need parking. When other therapists are sick, I
help on days I don't usually work and need parking then.
All of us as therapist love our work and ease of being able to get to and from our cars with ease and not having to take
extra time away from our day to find a new place to park. Especially for someone like me who doesn't feel safe walking
in the dark a long way back to my car!
The parking deficit is bad everywhere in downtown Palo Alto, but worst for SOFA businesses because we are prohibited
from getting permits at other downtown parking garages.
There are no parking permits available at the only garage where we can park and you knowingly plan to reduce business
spaces by offering few surface parking permits to businesses in each color zone.
I want Palo Alto council members to acknowledge there is a parking problem, and stop the RPP plan while longer range
solutions to erase the parking deficit can be put in place.
Downtown retail businesses are an asset to the community.
Sincerely,
Elizabeth Gruber
2
I work for Watercourse Way in the SOFA downtown district in Palo Alto.
My shift is 5 hours with only 10-15 minutes in between each client; I cannot move my car every 2 hours.
When I am sick, I need other therapists to work my shift and they usually need parking. When other therapists are sick, I help on days
I don't usually work and need parking then.
My shift ends after dark and walking many blocks to my car is dangerous.
The parking deficit is bad everywhere in downtown Palo Alto, but worst for SOFA businesses because we are prohibited from getting
pennits at other downtown parking garages.
There are no parking permits available at the only garage where we can park and you knowingly plan to reduce business spaces by
offering few surface parking permits to businesses in each color zone.
I want Palo Alto council members to acknowledge there is a parking problem, and stop the RPP plan while longer range solutions to
erase the parking deficit can be put in place.
Downtown retail businesses are an asset to the community.
Sincerely,
Charlene Gibson
2
Tamale. Diana
From:
Sent:
To:
Cc:
Subject:
Hi Emanuela,
Aknin, Aaron
Tuesday, December 03, 2013 5;25 PM
Emanuela Franchi
Keene, James; Gitelman, Hillary; Sullivan, Jessica
RE: Stop Residential Parking Permit (RPP) Plan now
Thank you for your email regarding the implementation of a Downtown Residential Preferential Parking Program.
apologize for the delayed response.
City staff definitely recognizes the potential impact of a Downtown RPP District on local businesses and we are, hoping to
develop a program that minimizes those impacts. Also, we are actively working on other strategies designed to support
the parking and transportation needs of local businesses and commuters.
We wilt be presenting some initial thoughts about these initiatives at the City Council meeting on December 16th, and
would welcome your continued participation.
Please contact Jessica Sullivan, Parking Manager, at the email address above it you have any questions. Feel free to
contact me as well.
Thanks,
Aaron
o
:1 T u
LO
L 0
Aaron Aknin I Asst. Director of Planning and Community Environmen':
250 Hamilton Avenue I Palo Alto, CA 94301
D: 650.329.2679 I E: aaron.aknln@cityofpaloalto.org
Please think of the environment be/ore printing this email -Thank youl
From: Emanuela Franchi [mallto:efranchl@2012.nhl.edu]
Sent: Monday, December 02, 2013 8:47 AM
To: Council, Crty
Cc: Aknin, Aaron
Subject: Stop ReSidential Parking Permit (RPP) Plan now
Honorable Council Members and Aaron Aknin,
I work for Watercourse Way in the SOFA downtown district in Palo Alto.
My shift is 5 hours with only 10-15 minutes in between each client; I cannot move my car every 2 hours.
When I am sick, I need other therapists to work my shift and they usually need parking. When other therapists
are sick, I help on days I don't usually work and need parking then.
My shift ends after dark and walking many blocks to my car is dangerous.
The parking deficit is bad everywhere in downtown Palo Alto, but worst for SOFA businesses because we aFe
prohibited from getting permits at other downtown parking garages.
There are no parking pemlits available at the only garage where we can park and you knowingly plan to reduce
business spaces by offering few surface parking permits to businesses in each color zone.
I want Palo Alto council members to acknowledge there is a parking problem, and stop the RPP plan while
longer range solutions to erase the parking deficit can be put in place.
Downtown retail businesses are an asset to the community.
Sincerely,
Emanuela Franchi
2
Please give us special consideration. I can't leave a massage, walk 3 or 4 blocks to move my car.
My shift is 5 hours with only 10-15 minutes in between each client; I cannot move my car every 2 hours.
When I am sick, I need other therapists to work my shift and they usually need parking. When other therapists are sick, I help on days
I don't usually work and need parking then.
My shift ends after dark and walking many blocks to my car is dangerous.
The parking deficit is bad everywhere in downtown Palo Alto, but worst for SOFA businesses because we are prohibited from getting
permits at other downtown parking garages .
. There are no parking permits available at the only garage where we can park and you knowingly plan to reduce business spaces by
offering few surface parking permits to businesses in each color zone.
I want Palo Alto council members to acknowledge there is a parking problem, and stop the RPP plan while longer range solutions to
erase the parking deficit can be put in place: .
Downtown retail businesses are an asset to the community.
Thank you,
Sherry
2
Boatwright, Tabatha
From:
Sent:
To:
Subject:
Dear Council -
Jeffrey Rensch <jrensch@gmail.com>
Thursday, January 16, 2014 9:18 AM
Council, City
Comment on RPP
r ,,-" r d '-, ' a ,) iT n C 1\ nil v-• it-ell Y CLEm','s OFFICE
It J n , \ I" I; ~p II' c: 1 I I> f'," I" 1-' fl' ;J .~ '-'\1¥ J ....
Regarding recent staff information on the RPP program, I am wondering why the program is designed to be
"cost-neutral". Why not charge a bit more for the fees and put the extra money into a fund for alternative
transportation?
After all, supplying permits for parking alleviates a current crisis but does not offer any structural improvements
to the basic problem of congestion (as strengthening the city shuttle might do). Parking and traffic cause
immense negative impacts on our community and their growth or even stasis should not be encouraged through
a "neutral" program. Thinking long term, a better solution is to work on alternative transport, as indeed you are
doing, but also to fund it by augmenting these fees.
I think you should also consider eliminating free parking downtown. It is something of an economic distortion
to treat parking as a "free" and "neutral" service. Thank you for your work on taming the traffic/parking
monster.
thanks for listening
leffRensch, 741 Chimalus
1
David Price:
THE EPIPHANY
Loved the Post article about the new Epiphany Hotel. (Capitalized Epiphany usually refers to a Christian
festival).
The name is prophetic: An epiphany is an experience of sudden and striking realization. Epiphanies are
relatively rare, generally following a process of significant thought about a problem, often triggered by a
new and key piece of information, an understanding, an illuminating discovery, realization, or disclosure, a
moment when you suddenly realize or understand something important, the moment of truth.
Wait till the employees, guests and restaurant customers look for parking. This use needs in excess of 100
spaces but provides zero on site, City garages and lots are full. Dh yes, the application promised valet
parking for 30 parking spaces, but where and will it displace existing parking?
We can hope the hotel will be the "epiphany" for the downtown parking problem when both business and
the City suddenly realize or understand something important, the moment of truth: "Developers and
property owners are getting away with murder by not providing the parking they promised a decade ago."
Yes, they get credit for parking at a ratio of 1 :250 but have only provided parking at a ratio of 1 :2,500, 10%
of the minimum needed, even by a decade old standards. Likely it will only be an epiphany for residents as
parking in the neighborhoods is pushed out another 6 or 7 blocks: "Why didn't somebody do something to
stop this?"
Ken Alsman
100 Addison Ave
650-533-8070
January 13, 2014