HomeMy WebLinkAbout2024-03-18 City Council Agenda PacketCITY COUNCIL
Regular Meeting
Monday, March 18, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Agenda Order Updated)
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by
teleconference or in person. To maximize public safety while still maintaining transparency and
public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end
of the agenda. Masks are strongly encouraged if attending in person. The meeting will be
broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,
and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238)
Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an
amount of time determined by the Chair. All requests to speak will be taken until 5 minutes
after the staff’s presentation. Written public comments can be submitted in advance to
city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection
on the City’s website. Please clearly indicate which agenda item you are referencing in your
subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,
the Clerk will have them shared at public comment for the specified item. To uphold strong
cybersecurity management practices, USB’s or other physical electronic storage devices are not
accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,
posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not
create a facility, fire, or safety hazard; and (3) persons with such items remain seated when
displaying them and must not raise the items above shoulder level, obstruct the view or
passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Council reserves the right to use more or less time on any item, to
change the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best manage
the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)
1.Proclamation Welcoming Exchange Students and Chaperones from Sister City Tsuchiura,
Ibaraki, Japan
CLOSED SESSION (5:40 ‐ 6:40 PM)
2.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Authority: Cal Govt Code 54957 Title:
City Manager – Mid‐Year Check‐In
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:40 ‐ 6:55 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes deending on # of speakers. Council reserves
the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:55 ‐ 7:00 PM)
Members of the public may not speak to the item(s).
STUDY SESSION (7:00 ‐ 8:00 PM)
4.Presentation from Cal Poly San Luis Obispo Community Planning Studio on its Findings
Related to San Antonio Road Corridor Existing Conditions and Alternatives Report. CEQA
Status ‐ Not a project.
CONSENT CALENDAR (8:00 ‐ 8:05 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
5.Approval of Minutes from March 4, 2024 meeting
6.Adoption of a Resolution Approving an Edison Electric Institute Master Power Purchase
and Sale Agreement With Silicon Valley Clean Energy Authority and Delegating Authority
to the City Manager to Transact Under the Master Agreement for Electricity‐Related
Commodities and Services CEQA Status: Not a project under CEQA Guidelines 15378(b)
(5)
7.Approval of Amendment No. 2 of C19171513 With CLEAResult Consulting, Inc.
(CLEAResult) Extending the Contract Expiration Date by Three Years From April 16, 2024
to April 15, 2027. CEQA Status ‐ Not a Project.
8.Approval of a Professional Services Agreement (Contract No. C24190819) Between the
City of Palo Alto and Pets in Need for a Total Not‐to‐Exceed Amount of $7,373,516 for a
Five‐year Term; and Amend the FY2024 Budget in the General Fund; CEQA status –
categorically exempt.
9.Adoption of a Resolution Authorizing Use of the City’s Activity (1) Permanent Local
Housing Allocation (PLHA) 2019, 2020, and 2021 Allocations for Predevelopment
Activities, Construction, and/or Permanent Financing of New Affordable Housing at the
Matadero Creek Affordable Housing Site, and Approve FY 2024 Budget Amendments in
the Permanent Local Housing Allocation Fund; CEQA Status – not a project.
10.Approval of Amended Palo Alto CLEAN Program Rules and Requirements, Handbook,
and Power Purchase Agreement; CEQA Status: Not a Project under CEQA Guidelines
Sections 15378(a) and (b)
11.SECOND READING: Adopt a Park Dedication Ordinance for the Tower Well site, 0.19
acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name
“Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA
status ‐ not a project. (FIRST READING: March 4, 2024 PASSED 7‐0)
CITY MANAGER COMMENTS (8:05 ‐ 8:20 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item AA1: 8:30 ‐ 10:00 PM, Item AA2: 10:00 ‐ 10:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter
8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and
Management Regulations) (FIRST READING: January 16, 2024 PASSED 5‐2, Lythcott‐
Haims, Tanaka no)Item Removed Off Agenda
13.Discussion and Direction Regarding the City Council Procedures and Protocols
Handbook ‐ Annual Discussion as Recommended by the Policy & Services Committee
Item Removed Off Agenda
AA1.Approval of the 2024 City Council Priority Objectives and Finance Committee and
Policy & Services Committee Workplans (Item Continued from March 4, 2024 and
March 11, 2024 City Council Meeting) New Item added
The report for this item can be found here*. On March 4, 2024 the Council
Received Presentations and Public Testimony; the item was continued to March
11, 2024 for Council Deliberation and Action, and continued to March 18, 2024 –
No Public Testimony Will be Heard on March 18, 2024.
*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens
Advisory Committee on a Potential Charter Amendment on Council Member
Compensation (Item Continued from March 11, 2024 City Council Meeting) New Item
added
CLOSED SESSION (10:30 ‐ 11:00 PM)
AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and
High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al. Santa Clara County
Superior Court Case No. 20CV366967 Authority: Government Code Section 54956.9(d)
(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section
54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley
Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada,
Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase,
Exchange, and/or Lease Price and Terms of Payment New Item added Agenda Item
Reordered
ADJOURNMENT
OTHER INFORMATION
Standing Committee Meetings this week:
Rail Committee March 19 – Finance Committee March 19 – Retail Committee March 20 – City/Schools Liaison
Committee March 21
Public Comment Letters / Schedule of Meetings
AMENDED AGENDA ITEMS
12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees,
Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations) (FIRST READING:
January 16, 2024 PASSED 5‐2, Lythcott‐Haims, Tanaka no)Item Removed Off Agenda
13.Discussion and Direction Regarding the City Council Procedures and Protocols Handbook ‐ Annual
Discussion as Recommended by the Policy & Services Committee Item Removed Off Agenda
AA1.Approval of the 2024 City Council Priority Objectives and Finance Committee and Policy & Services
Committee Workplans (Item Continued from March 4, 2024 and March 11, 2024 City Council
Meeting) New Item added
The report for this item can be found here*. On March 4, 2024 the Council Received Presentations and
Public Testimony; the item was continued to March 11, 2024 for Council Deliberation and Action, and
continued to March 18, 2024 – No Public Testimony Will be Heard on March 18, 2024.
*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens Advisory
Committee on a Potential Charter Amendment on Council Member Compensation (Item Continued from
March 11, 2024 City Council Meeting) New Item added
AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and High, LLC, The Keenan
Family Trust, et al. v. City of Palo Alto, et al. Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property:
4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto
Unified School District City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)
Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item
added Agenda Item Reordered
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
1 March 18, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 18, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in RED (Agenda Order Updated)Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Council reserves the right to use more or less time on any item, to
change the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best manage
the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)
1.Proclamation Welcoming Exchange Students and Chaperones from Sister City Tsuchiura,
Ibaraki, Japan
CLOSED SESSION (5:40 ‐ 6:40 PM)
2.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Authority: Cal Govt Code 54957 Title:
City Manager – Mid‐Year Check‐In
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:40 ‐ 6:55 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes deending on # of speakers. Council reserves
the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:55 ‐ 7:00 PM)
Members of the public may not speak to the item(s).
STUDY SESSION (7:00 ‐ 8:00 PM)
4.Presentation from Cal Poly San Luis Obispo Community Planning Studio on its Findings
Related to San Antonio Road Corridor Existing Conditions and Alternatives Report. CEQA
Status ‐ Not a project.
CONSENT CALENDAR (8:00 ‐ 8:05 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
5.Approval of Minutes from March 4, 2024 meeting
6.Adoption of a Resolution Approving an Edison Electric Institute Master Power Purchase
and Sale Agreement With Silicon Valley Clean Energy Authority and Delegating Authority
to the City Manager to Transact Under the Master Agreement for Electricity‐Related
Commodities and Services CEQA Status: Not a project under CEQA Guidelines 15378(b)
(5)
7.Approval of Amendment No. 2 of C19171513 With CLEAResult Consulting, Inc.
(CLEAResult) Extending the Contract Expiration Date by Three Years From April 16, 2024
to April 15, 2027. CEQA Status ‐ Not a Project.
8.Approval of a Professional Services Agreement (Contract No. C24190819) Between the
City of Palo Alto and Pets in Need for a Total Not‐to‐Exceed Amount of $7,373,516 for a
Five‐year Term; and Amend the FY2024 Budget in the General Fund; CEQA status –
categorically exempt.
9.Adoption of a Resolution Authorizing Use of the City’s Activity (1) Permanent Local
Housing Allocation (PLHA) 2019, 2020, and 2021 Allocations for Predevelopment
Activities, Construction, and/or Permanent Financing of New Affordable Housing at the
Matadero Creek Affordable Housing Site, and Approve FY 2024 Budget Amendments in
the Permanent Local Housing Allocation Fund; CEQA Status – not a project.
10.Approval of Amended Palo Alto CLEAN Program Rules and Requirements, Handbook,
and Power Purchase Agreement; CEQA Status: Not a Project under CEQA Guidelines
Sections 15378(a) and (b)
11.SECOND READING: Adopt a Park Dedication Ordinance for the Tower Well site, 0.19
acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name
“Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA
status ‐ not a project. (FIRST READING: March 4, 2024 PASSED 7‐0)
CITY MANAGER COMMENTS (8:05 ‐ 8:20 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item AA1: 8:30 ‐ 10:00 PM, Item AA2: 10:00 ‐ 10:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter
8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and
Management Regulations) (FIRST READING: January 16, 2024 PASSED 5‐2, Lythcott‐
Haims, Tanaka no)Item Removed Off Agenda
13.Discussion and Direction Regarding the City Council Procedures and Protocols
Handbook ‐ Annual Discussion as Recommended by the Policy & Services Committee
Item Removed Off Agenda
AA1.Approval of the 2024 City Council Priority Objectives and Finance Committee and
Policy & Services Committee Workplans (Item Continued from March 4, 2024 and
March 11, 2024 City Council Meeting) New Item added
The report for this item can be found here*. On March 4, 2024 the Council
Received Presentations and Public Testimony; the item was continued to March
11, 2024 for Council Deliberation and Action, and continued to March 18, 2024 –
No Public Testimony Will be Heard on March 18, 2024.
*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens
Advisory Committee on a Potential Charter Amendment on Council Member
Compensation (Item Continued from March 11, 2024 City Council Meeting) New Item
added
CLOSED SESSION (10:30 ‐ 11:00 PM)
AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and
High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al. Santa Clara County
Superior Court Case No. 20CV366967 Authority: Government Code Section 54956.9(d)
(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section
54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley
Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada,
Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase,
Exchange, and/or Lease Price and Terms of Payment New Item added Agenda Item
Reordered
ADJOURNMENT
OTHER INFORMATION
Standing Committee Meetings this week:
Rail Committee March 19 – Finance Committee March 19 – Retail Committee March 20 – City/Schools Liaison
Committee March 21
Public Comment Letters / Schedule of Meetings
AMENDED AGENDA ITEMS
12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees,
Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations) (FIRST READING:
January 16, 2024 PASSED 5‐2, Lythcott‐Haims, Tanaka no)Item Removed Off Agenda
13.Discussion and Direction Regarding the City Council Procedures and Protocols Handbook ‐ Annual
Discussion as Recommended by the Policy & Services Committee Item Removed Off Agenda
AA1.Approval of the 2024 City Council Priority Objectives and Finance Committee and Policy & Services
Committee Workplans (Item Continued from March 4, 2024 and March 11, 2024 City Council
Meeting) New Item added
The report for this item can be found here*. On March 4, 2024 the Council Received Presentations and
Public Testimony; the item was continued to March 11, 2024 for Council Deliberation and Action, and
continued to March 18, 2024 – No Public Testimony Will be Heard on March 18, 2024.
*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens Advisory
Committee on a Potential Charter Amendment on Council Member Compensation (Item Continued from
March 11, 2024 City Council Meeting) New Item added
AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and High, LLC, The Keenan
Family Trust, et al. v. City of Palo Alto, et al. Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property:
4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto
Unified School District City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)
Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item
added Agenda Item Reordered
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
2 March 18, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 18, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in RED (Agenda Order Updated)Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)1.Proclamation Welcoming Exchange Students and Chaperones from Sister City Tsuchiura,Ibaraki, JapanCLOSED SESSION (5:40 ‐ 6:40 PM)2.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Authority: Cal Govt Code 54957 Title:City Manager – Mid‐Year Check‐InAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:40 ‐ 6:55 PM)Members of the public may speak to any item NOT on the agenda. 1‐3 minutes deending on # of speakers. Council reservesthe right to limit the duration of Oral Communications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:55 ‐ 7:00 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:00 ‐ 8:00 PM)4.Presentation from Cal Poly San Luis Obispo Community Planning Studio on its FindingsRelated to San Antonio Road Corridor Existing Conditions and Alternatives Report. CEQAStatus ‐ Not a project.CONSENT CALENDAR (8:00 ‐ 8:05 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from March 4, 2024 meeting6.Adoption of a Resolution Approving an Edison Electric Institute Master Power Purchaseand Sale Agreement With Silicon Valley Clean Energy Authority and Delegating Authorityto the City Manager to Transact Under the Master Agreement for Electricity‐RelatedCommodities and Services CEQA Status: Not a project under CEQA Guidelines 15378(b)(5)7.Approval of Amendment No. 2 of C19171513 With CLEAResult Consulting, Inc.(CLEAResult) Extending the Contract Expiration Date by Three Years From April 16, 2024
to April 15, 2027. CEQA Status ‐ Not a Project.
8.Approval of a Professional Services Agreement (Contract No. C24190819) Between the
City of Palo Alto and Pets in Need for a Total Not‐to‐Exceed Amount of $7,373,516 for a
Five‐year Term; and Amend the FY2024 Budget in the General Fund; CEQA status –
categorically exempt.
9.Adoption of a Resolution Authorizing Use of the City’s Activity (1) Permanent Local
Housing Allocation (PLHA) 2019, 2020, and 2021 Allocations for Predevelopment
Activities, Construction, and/or Permanent Financing of New Affordable Housing at the
Matadero Creek Affordable Housing Site, and Approve FY 2024 Budget Amendments in
the Permanent Local Housing Allocation Fund; CEQA Status – not a project.
10.Approval of Amended Palo Alto CLEAN Program Rules and Requirements, Handbook,
and Power Purchase Agreement; CEQA Status: Not a Project under CEQA Guidelines
Sections 15378(a) and (b)
11.SECOND READING: Adopt a Park Dedication Ordinance for the Tower Well site, 0.19
acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name
“Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA
status ‐ not a project. (FIRST READING: March 4, 2024 PASSED 7‐0)
CITY MANAGER COMMENTS (8:05 ‐ 8:20 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item AA1: 8:30 ‐ 10:00 PM, Item AA2: 10:00 ‐ 10:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter
8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and
Management Regulations) (FIRST READING: January 16, 2024 PASSED 5‐2, Lythcott‐
Haims, Tanaka no)Item Removed Off Agenda
13.Discussion and Direction Regarding the City Council Procedures and Protocols
Handbook ‐ Annual Discussion as Recommended by the Policy & Services Committee
Item Removed Off Agenda
AA1.Approval of the 2024 City Council Priority Objectives and Finance Committee and
Policy & Services Committee Workplans (Item Continued from March 4, 2024 and
March 11, 2024 City Council Meeting) New Item added
The report for this item can be found here*. On March 4, 2024 the Council
Received Presentations and Public Testimony; the item was continued to March
11, 2024 for Council Deliberation and Action, and continued to March 18, 2024 –
No Public Testimony Will be Heard on March 18, 2024.
*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens
Advisory Committee on a Potential Charter Amendment on Council Member
Compensation (Item Continued from March 11, 2024 City Council Meeting) New Item
added
CLOSED SESSION (10:30 ‐ 11:00 PM)
AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and
High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al. Santa Clara County
Superior Court Case No. 20CV366967 Authority: Government Code Section 54956.9(d)
(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section
54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley
Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada,
Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase,
Exchange, and/or Lease Price and Terms of Payment New Item added Agenda Item
Reordered
ADJOURNMENT
OTHER INFORMATION
Standing Committee Meetings this week:
Rail Committee March 19 – Finance Committee March 19 – Retail Committee March 20 – City/Schools Liaison
Committee March 21
Public Comment Letters / Schedule of Meetings
AMENDED AGENDA ITEMS
12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees,
Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations) (FIRST READING:
January 16, 2024 PASSED 5‐2, Lythcott‐Haims, Tanaka no)Item Removed Off Agenda
13.Discussion and Direction Regarding the City Council Procedures and Protocols Handbook ‐ Annual
Discussion as Recommended by the Policy & Services Committee Item Removed Off Agenda
AA1.Approval of the 2024 City Council Priority Objectives and Finance Committee and Policy & Services
Committee Workplans (Item Continued from March 4, 2024 and March 11, 2024 City Council
Meeting) New Item added
The report for this item can be found here*. On March 4, 2024 the Council Received Presentations and
Public Testimony; the item was continued to March 11, 2024 for Council Deliberation and Action, and
continued to March 18, 2024 – No Public Testimony Will be Heard on March 18, 2024.
*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens Advisory
Committee on a Potential Charter Amendment on Council Member Compensation (Item Continued from
March 11, 2024 City Council Meeting) New Item added
AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and High, LLC, The Keenan
Family Trust, et al. v. City of Palo Alto, et al. Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property:
4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto
Unified School District City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)
Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item
added Agenda Item Reordered
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
3 March 18, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 18, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in RED (Agenda Order Updated)Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)1.Proclamation Welcoming Exchange Students and Chaperones from Sister City Tsuchiura,Ibaraki, JapanCLOSED SESSION (5:40 ‐ 6:40 PM)2.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Authority: Cal Govt Code 54957 Title:City Manager – Mid‐Year Check‐InAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:40 ‐ 6:55 PM)Members of the public may speak to any item NOT on the agenda. 1‐3 minutes deending on # of speakers. Council reservesthe right to limit the duration of Oral Communications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:55 ‐ 7:00 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:00 ‐ 8:00 PM)4.Presentation from Cal Poly San Luis Obispo Community Planning Studio on its FindingsRelated to San Antonio Road Corridor Existing Conditions and Alternatives Report. CEQAStatus ‐ Not a project.CONSENT CALENDAR (8:00 ‐ 8:05 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from March 4, 2024 meeting6.Adoption of a Resolution Approving an Edison Electric Institute Master Power Purchaseand Sale Agreement With Silicon Valley Clean Energy Authority and Delegating Authorityto the City Manager to Transact Under the Master Agreement for Electricity‐RelatedCommodities and Services CEQA Status: Not a project under CEQA Guidelines 15378(b)(5)7.Approval of Amendment No. 2 of C19171513 With CLEAResult Consulting, Inc.(CLEAResult) Extending the Contract Expiration Date by Three Years From April 16, 2024to April 15, 2027. CEQA Status ‐ Not a Project.8.Approval of a Professional Services Agreement (Contract No. C24190819) Between theCity of Palo Alto and Pets in Need for a Total Not‐to‐Exceed Amount of $7,373,516 for aFive‐year Term; and Amend the FY2024 Budget in the General Fund; CEQA status –categorically exempt.9.Adoption of a Resolution Authorizing Use of the City’s Activity (1) Permanent LocalHousing Allocation (PLHA) 2019, 2020, and 2021 Allocations for PredevelopmentActivities, Construction, and/or Permanent Financing of New Affordable Housing at theMatadero Creek Affordable Housing Site, and Approve FY 2024 Budget Amendments inthe Permanent Local Housing Allocation Fund; CEQA Status – not a project.10.Approval of Amended Palo Alto CLEAN Program Rules and Requirements, Handbook,and Power Purchase Agreement; CEQA Status: Not a Project under CEQA GuidelinesSections 15378(a) and (b)11.SECOND READING: Adopt a Park Dedication Ordinance for the Tower Well site, 0.19acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name“Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQAstatus ‐ not a project. (FIRST READING: March 4, 2024 PASSED 7‐0)CITY MANAGER COMMENTS (8:05 ‐ 8:20 PM)BREAK (5‐10 MINUTES)ACTION ITEMS (Item AA1: 8:30 ‐ 10:00 PM, Item AA2: 10:00 ‐ 10:30 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation andManagement Regulations) (FIRST READING: January 16, 2024 PASSED 5‐2, Lythcott‐Haims, Tanaka no)Item Removed Off Agenda13.Discussion and Direction Regarding the City Council Procedures and ProtocolsHandbook ‐ Annual Discussion as Recommended by the Policy & Services CommitteeItem Removed Off AgendaAA1.Approval of the 2024 City Council Priority Objectives and Finance Committee andPolicy & Services Committee Workplans (Item Continued from March 4, 2024 andMarch 11, 2024 City Council Meeting) New Item addedThe report for this item can be found here*. On March 4, 2024 the CouncilReceived Presentations and Public Testimony; the item was continued to March11, 2024 for Council Deliberation and Action, and continued to March 18, 2024 – No Public Testimony Will be Heard on March 18, 2024.*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens
Advisory Committee on a Potential Charter Amendment on Council Member
Compensation (Item Continued from March 11, 2024 City Council Meeting) New Item
added
CLOSED SESSION (10:30 ‐ 11:00 PM)
AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and
High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al. Santa Clara County
Superior Court Case No. 20CV366967 Authority: Government Code Section 54956.9(d)
(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section
54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley
Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada,
Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase,
Exchange, and/or Lease Price and Terms of Payment New Item added Agenda Item
Reordered
ADJOURNMENT
OTHER INFORMATION
Standing Committee Meetings this week:
Rail Committee March 19 – Finance Committee March 19 – Retail Committee March 20 – City/Schools Liaison
Committee March 21
Public Comment Letters / Schedule of Meetings
AMENDED AGENDA ITEMS
12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees,
Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations) (FIRST READING:
January 16, 2024 PASSED 5‐2, Lythcott‐Haims, Tanaka no)Item Removed Off Agenda
13.Discussion and Direction Regarding the City Council Procedures and Protocols Handbook ‐ Annual
Discussion as Recommended by the Policy & Services Committee Item Removed Off Agenda
AA1.Approval of the 2024 City Council Priority Objectives and Finance Committee and Policy & Services
Committee Workplans (Item Continued from March 4, 2024 and March 11, 2024 City Council
Meeting) New Item added
The report for this item can be found here*. On March 4, 2024 the Council Received Presentations and
Public Testimony; the item was continued to March 11, 2024 for Council Deliberation and Action, and
continued to March 18, 2024 – No Public Testimony Will be Heard on March 18, 2024.
*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens Advisory
Committee on a Potential Charter Amendment on Council Member Compensation (Item Continued from
March 11, 2024 City Council Meeting) New Item added
AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and High, LLC, The Keenan
Family Trust, et al. v. City of Palo Alto, et al. Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property:
4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto
Unified School District City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)
Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item
added Agenda Item Reordered
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
4 March 18, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, March 18, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in RED (Agenda Order Updated)Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)1.Proclamation Welcoming Exchange Students and Chaperones from Sister City Tsuchiura,Ibaraki, JapanCLOSED SESSION (5:40 ‐ 6:40 PM)2.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Authority: Cal Govt Code 54957 Title:City Manager – Mid‐Year Check‐InAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:40 ‐ 6:55 PM)Members of the public may speak to any item NOT on the agenda. 1‐3 minutes deending on # of speakers. Council reservesthe right to limit the duration of Oral Communications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:55 ‐ 7:00 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:00 ‐ 8:00 PM)4.Presentation from Cal Poly San Luis Obispo Community Planning Studio on its FindingsRelated to San Antonio Road Corridor Existing Conditions and Alternatives Report. CEQAStatus ‐ Not a project.CONSENT CALENDAR (8:00 ‐ 8:05 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from March 4, 2024 meeting6.Adoption of a Resolution Approving an Edison Electric Institute Master Power Purchaseand Sale Agreement With Silicon Valley Clean Energy Authority and Delegating Authorityto the City Manager to Transact Under the Master Agreement for Electricity‐RelatedCommodities and Services CEQA Status: Not a project under CEQA Guidelines 15378(b)(5)7.Approval of Amendment No. 2 of C19171513 With CLEAResult Consulting, Inc.(CLEAResult) Extending the Contract Expiration Date by Three Years From April 16, 2024to April 15, 2027. CEQA Status ‐ Not a Project.8.Approval of a Professional Services Agreement (Contract No. C24190819) Between theCity of Palo Alto and Pets in Need for a Total Not‐to‐Exceed Amount of $7,373,516 for aFive‐year Term; and Amend the FY2024 Budget in the General Fund; CEQA status –categorically exempt.9.Adoption of a Resolution Authorizing Use of the City’s Activity (1) Permanent LocalHousing Allocation (PLHA) 2019, 2020, and 2021 Allocations for PredevelopmentActivities, Construction, and/or Permanent Financing of New Affordable Housing at theMatadero Creek Affordable Housing Site, and Approve FY 2024 Budget Amendments inthe Permanent Local Housing Allocation Fund; CEQA Status – not a project.10.Approval of Amended Palo Alto CLEAN Program Rules and Requirements, Handbook,and Power Purchase Agreement; CEQA Status: Not a Project under CEQA GuidelinesSections 15378(a) and (b)11.SECOND READING: Adopt a Park Dedication Ordinance for the Tower Well site, 0.19acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name“Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQAstatus ‐ not a project. (FIRST READING: March 4, 2024 PASSED 7‐0)CITY MANAGER COMMENTS (8:05 ‐ 8:20 PM)BREAK (5‐10 MINUTES)ACTION ITEMS (Item AA1: 8:30 ‐ 10:00 PM, Item AA2: 10:00 ‐ 10:30 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation andManagement Regulations) (FIRST READING: January 16, 2024 PASSED 5‐2, Lythcott‐Haims, Tanaka no)Item Removed Off Agenda13.Discussion and Direction Regarding the City Council Procedures and ProtocolsHandbook ‐ Annual Discussion as Recommended by the Policy & Services CommitteeItem Removed Off AgendaAA1.Approval of the 2024 City Council Priority Objectives and Finance Committee andPolicy & Services Committee Workplans (Item Continued from March 4, 2024 andMarch 11, 2024 City Council Meeting) New Item addedThe report for this item can be found here*. On March 4, 2024 the CouncilReceived Presentations and Public Testimony; the item was continued to March11, 2024 for Council Deliberation and Action, and continued to March 18, 2024 – No Public Testimony Will be Heard on March 18, 2024.*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507AA2.Policy and Services Recommendation to the City Council for the creation of a CitizensAdvisory Committee on a Potential Charter Amendment on Council MemberCompensation (Item Continued from March 11, 2024 City Council Meeting) New ItemaddedCLOSED SESSION (10:30 ‐ 11:00 PM)AA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton andHigh, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al. Santa Clara CountySuperior Court Case No. 20CV366967 Authority: Government Code Section 54956.9(d)(1) New Item added3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the CubberleySite) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada,Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase,Exchange, and/or Lease Price and Terms of Payment New Item added Agenda ItemReorderedADJOURNMENTOTHER INFORMATIONStanding Committee Meetings this week: Rail Committee March 19 – Finance Committee March 19 – Retail Committee March 20 – City/Schools LiaisonCommittee March 21Public Comment Letters / Schedule of MeetingsAMENDED AGENDA ITEMS12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees,Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations) (FIRST READING:January 16, 2024 PASSED 5‐2, Lythcott‐Haims, Tanaka no)Item Removed Off Agenda13.Discussion and Direction Regarding the City Council Procedures and Protocols Handbook ‐ AnnualDiscussion as Recommended by the Policy & Services Committee Item Removed Off AgendaAA1.Approval of the 2024 City Council Priority Objectives and Finance Committee and Policy & ServicesCommittee Workplans (Item Continued from March 4, 2024 and March 11, 2024 City CouncilMeeting) New Item addedThe report for this item can be found here*. On March 4, 2024 the Council Received Presentations andPublic Testimony; the item was continued to March 11, 2024 for Council Deliberation and Action, andcontinued to March 18, 2024 – No Public Testimony Will be Heard on March 18, 2024.*https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507AA2.Policy and Services Recommendation to the City Council for the creation of a Citizens AdvisoryCommittee on a Potential Charter Amendment on Council Member Compensation (Item Continued fromMarch 11, 2024 City Council Meeting) New Item addedAA3.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION Subject: Hamilton and High, LLC, The KeenanFamily Trust, et al. v. City of Palo Alto, et al. Santa Clara County Superior Court Case No. 20CV366967Authority: Government Code Section 54956.9(d)(1) New Item added
3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property:
4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto
Unified School District City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)
Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item
added Agenda Item Reordered
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CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
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5 March 18, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: March 18, 2024
Report #:2403-2721
TITLE
Proclamation Welcoming Exchange Students and Chaperones from Sister City Tsuchiura,
Ibaraki, Japan
RECOMMENDATION
That the City Council issue the proclamation welcoming exchange students and chaperones
from Tsuchiura, Japan
ATTACHMENTS
Attachment A: Proclamation Welcoming Tsuchiura Exchange Students
APPROVED BY:
Mahealani Ah Yun
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WELCOMING EXCHANGE STUDENTS AND CHAPERONES
FROM TSUCHIURA, JAPAN AND ACKNOWLEDGMENT OF
PALO ALTO HOST STUDENTS AS STUDENT AMBASSADORS
WHEREAS, the exchange program between middle schools is the foundation of the Sister City relationship
to promote international and intercultural understanding; and
WHEREAS, Palo Alto and Tsuchiura have engaged their middle school students and their families in cultural
and educational exchanges; and
WHEREAS, the opportunity to host Tsuchiura students here and send Palo Alto students to Tsuchiura, Japan
has proven to be mutually beneficial; and; and
WHEREAS, the City of Palo Alto thanks the City of Tsuchiura for their warm hospitality extended to Palo
Alto students since 1995.
NOW, THEREFORE, I, Greer Stone Mayor of the City of Palo Alto, on behalf of the City Council,
hereby express our heartfelt welcome to Tsuchiura Chaperones: Mr. So Karata, Ms. Haruko Isonishi, and Ms.
Masumi Saiko and fourteen Tsuchiura students: Reina Kawamura, Hanoi Suzuki, Yuna Nakaya, Mao
Fujiwara, Chiharu Kusama, Akiho Sawamura, Yui Kawauchi, Mei Watanabe, Asuka Kawada, Yuna Fukuda,
Runa Matsumato, Rinka Taya, Kotono Akiba and Ryo Oya.
FURTHER, we recognize with pride our own students (seventeen strong) as Student Ambassadors of the
City of Palo Alto:Fiona Buchholz, Julia Ni, Isabella Paglia, Nika Ploesser, Kai Russel, Jane Han, Juliette
Mermod, Diya Contractor, Luna Han, Soane Pauliac Vaujour, Emi Globus, Siyuan Claire Huang, Isabella
Wang, Aria Agarwal, Nathan Wong, Benjamin Rosen and Jianting Liu.
Presented: March 18, 2024
______________________________
Greer Stone
Mayor
Proclamation
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Proclamation Welcoming
Tsuchiura Exchange
Students
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City Council
Staff Report
From: City Manager
Report Type: STUDY SESSION
Lead Department: Planning and Development Services
Meeting Date: March 18, 2024
Report #:2402-2697
TITLE
Presentation from Cal Poly San Luis Obispo Community Planning Studio on its Findings Related
to San Antonio Road Corridor Existing Conditions and Alternatives Report. CEQA Status - Not a
project.
RECOMMENDATION
Staff recommends Council receive the presentation.
BACKGROUND
Students from Cal Poly San Luis Obispo’s City and Regional Planning Department’s Community
Planning Studio have studied the San Antonio Road Corridor as part of a class assignment and
prepared an existing conditions and alternatives report (Attachments A and B, respectively) for
the City’s consideration.
The City Council authorized staff to engage with Cal Poly to support this student-led initiative
that provides real world, practical land use and transportation experience to undergraduate
students interested in pursuing a career in community planning.
The attached report and associated material from two community workshops (Attachment C)
were prepared entirely by the students and represent their findings. The transmittal and
presentation of this information is not an endorsement from the City or staff as to the
feasibility, practicability or factual accuracy of the material presented.
The intent of this partnership and the City’s support for this program is to stimulate a
community discussion concerning the San Antonio Road Corridor as the City begins a formal
study and analysis to prepare a community plan for this area. Future planning will address
anticipated housing production and population growth, multi-modal transportation access and
solutions, commercial services and community amenities, such as open space and parks.
As step toward the formal community plan process, staff would like to thank and recognize the
Cal Poly San Luis Obispo Community Planning Studio students and the leadership of Assistant
Professor Dr. Dave Amos for their interest in the City, the long hours dedicated toward this
project and engagement with the Palo Alto community.
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FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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San Antonio Road Corridor
Existing Conditions Report
City of Palo Alto
Cal Poly Community Planning
Fall 2023
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Table of Contents
Chapter 1: Land Use
Introduction
Major Findings
Regional Context
Regulatory Setting
Housing
Mountain View
Chapter 2: Transportation
Introduction
Major Findings
Regulatory Setting
Roadway Network
Bicycle Network
Pedestrian Network
Public Transportation
Transportation Demand Management
Safety
Parking
Airport
Chapter 3: Environment Introduction
Major Findings
Hydrogoloy and Water Resources
Biological Resources
Hazards
Climate
Noise
Chapter 4: Urban Design
Introduction
Major Findings
City Structure
Corridor Structure
Streetscape
Urban Form
Walkability
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Chapter 5: Education, Culture, and History
Introduction
Major Findings
Education
Culture
History
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Introdution
This chapter reviews the context for land use planning in Palo Alto and provides a
snapshot of the community’s character. It provides a comprehensive overview of Palo
Alto’s regional context, regulations, land use designations, zoning, housing, and the
relationship to Mountain View. This chapter also identifies opportunities and potential
challenges related to the long-term growth and development of the city, and it
analyzes the development potential of Palo Alto under existing City plans, policies, and
regulations.
Major Findings
• The City of Palo Alto is mandated to provide 6,086 housing units based on the
State of California’s Regional Housing Needs Allocation (RHNA). These units are
distributed across different income levels: 778 for extremely low-income, 778 for
very low-income, 896 for low-income, 1,013 for moderate-income, and 2,621 for
above-moderate income households.
• The City of Palo Alto has identified 48 housing opportunity sites within the project
area. Among these, 34 sites are designated for rezoning to allow high-density
residential development, while the remaining sites are selected for upzoning to
achieve higher density. In total, these sites are expected to yield 1,289 housing units.
• Palo Alto has 23 Land Use Designations; seven of which are present within the
project area. Light Industrial and Research/Office Park land uses make up about 60
percent of the project area while residential land uses make up 26 percent of the
project area.
• Research/Office/Limited Manufacturing (ROLM) and General Manufacturing (GM)
zones make up about 60 percent of the project area. Residential zones make up about
15 percent of the project area; Single-Family Residential makes up nine percent
alone. Planned Communities make up 21 percent of the project area.
• The City of Mountain View has nine different land uses adjacent to the project
area. The mix of land uses are mostly spread evenly across the border. However,
Low-Density Residential and General Industrial land uses make up the majority of
adjacent land use. There are only five zones adjacent to the project area. Similar to
the land use, Single-Family Residential and General Industrial zones make up the
majority of adjacent zoning.
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Regional Context
Palo Alto is located within Silicon Valley in the northwesternmost corner of Santa
Clara County. Palo Alto is 35 miles south of San Francisco and 14 miles northwest of
San Jose (see Figure 1). At approximately 25.96 square miles, the city is bordered by
East Palo Alto and Menlo Park to the north, Los Altos and Mountain View to the south,
San Fransico Bay to the east, and unincorporated Santa Clara County everywhere else
(see Figure 2). Multiple highways run through Palo Alto including, US Highway 101, CA
Highway 82, and a small portion of US Interstate 280.
Figure 1 - Regional Context Map
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Figure 2 - City Boundary Map
The San Antonio Road Corridor is approximately 260 acres (see Figure 3) and is
located at the easternmost edge of Palo Alto, bordering the city of Mountain View.
The San Antonio Road corridor is in close proximity to major technology companies
headquartered in Silicon Valley, including Google, Facebook, Apple, and numerous
startup offices. The San Antonio Road Corridor has experienced significant residential
and commercial development driven by the demand for housing and office spaces in
proximity to Silicon Valley. This proximity contributes to the corridor’s significant
business and residential development. San Antonio Road is accessible by major
highways, including Highway 101 and El Camino Real, providing connectivity to
neighboring cities, airports, and the broader Bay Area.
Legend
Project Boundary Line
Legend
Site Boundary
City Boundary
El Cam
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Midd
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Palo Alto
Mountain View
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Figure 3 - Project Area Map
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Regulatory Setting
Federal Regulations
This section explores federal regulations relevant to Palo Alto and the project area.
These regulations play a vital role in shaping land use policies in the area. This section
encompasses various federal laws that impact the region, highlighting the broader
regulatory framework that influences the planning and development processes within
Palo Alto.
National Historic Preservation Act of 1966
The National Historic Preservation Act (NHPA) was created to protect historic
properties and cultural resources. It encompasses rules that are tailored for federal
land-holding agencies and extend to all projects funded, permitted, or approved by
federal agencies with potential cultural resource impacts. Although the project area
does not have any historical buildings, there is a historical district adjacent to the
project area.
Greenmeadow is a historic district adjacent to the site, known for its Mid-Century
Modern architecture. Designed by Joseph Eichler in 1954, it includes 220 well-preserved
structures. These homes are characterized by Eichler’s signature style with single-
story layouts, floor-to-ceiling glass, T-Shape interior, and innovative features. Notably,
Greenmeadow has a Community Center that was an innovative concept at the time. The
district shows Eichler’s dedication to planning and architectural design, highlighting
his lasting impact on modern American architecture.
Community Development Block Grant (CDBG)
The Department of Housing and Urban Development (HUD) provides annual
Community Development Block Grants (CDBG) to state, cities, and counties. These
grants are used to fund organizations that create programs for low- and moderate-
income residents and community development needs.
In May 2021, Palo Alto received $536,756 in CDBG funding. This funding supports the
Rebuilding Together Peninsula Safe at Home Project, addressing home repair needs for
low-income Palo Alto homeowners. Additionally, the funds are directed towards public
service initiatives, including support services for the Palo Alto Housing Corporation’s
Single Room Occupancy program, Silicon Valley Independent Living Housing and
emergency services, and rental relief assistance organizations like LifeMoves.
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State Regulations
This section describes the State regulatory framework related to land use and
community character in the Palo Alto planning area. With a focus on promoting
affordable housing and sustainable development, these regulations aim to address the
state’s housing challenges. The City adheres to California’s broader policies while also
implementing local strategies to balance growth and preserve community character.
The San Antonio Road Corridor project will encompass a wide variety of federal, state,
regional, and local regulations that require careful consideration throughout the design
process.
SB 9
SB 9 allows homeowners to divide their property into two lots, thereby increasing
opportunities for homeownership in their neighborhood. Two homes can be built on
each of those lots, with the effect of legalizing fourplexes in areas that previously only
allowed one home. The bill provides protection against the displacement of existing
tenants. SB 9 is widely seen as the most ambitious and controversial housing bill of
many passed last year. Palo Alto was among the cities that expressed opposition to SB
9, specifically the by-right approval process because it fails to recognize the extensive
public engagement associated with developing and adopting zoning ordinances and
housing elements. Since the law was passed in August, Palo Alto and other cities
have been trying to reassert their power over new housing projects by revising their
design standards and adding new objective criteria that SB 9 projects will have to
meet to qualify for approval. In Palo Alto, the City Council adopted an urgency
ordinance on December 6th that establishes new rules for single-family homes and
replaces subjective criteria for neighborhood compatibility with objective standards.
The city also plans to pass a permanent ordinance in response to SB 9 later in 2023,
after reviews by the Architectural Review Board and the Planning and Transportation
Commission. The ordinance is expected to include additional requirements and
restrictions, with some council members favoring requiring at least one of the new
residences to be designated at below market rate. The majority of single-family lots
in the San Antonio Road project area are not large enough to accommodate a second
dwelling unit. Considering the average lot size in the project area and the lack of public
engagement, SB will likely not be applicable to the San Antonio Road Corridor project.
SB 35
SB 35 establishes streamlining procedures for affordable housing and mixed-use
projects under certain conditions. In order to be eligible for streamlining, the project
must meet specific standards including affordability (at least 50 percent of the proposed
residential units must be dedicated as affordable to households at 80 percent AMI for
either rental or ownership projects), number of units, zoning and affordability, location,
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historic buildings, and more. The bill was enacted in 2018 to streamline multifamily
infill development in jurisdictions that are not meeting their housing production
goals. SB 35 allows qualified multifamily infill projects to go through a simplified and
expedited housing approval process in jurisdictions that are not on track to meet their
housing production goals. Eligible projects must provide a minimum share of affordable
units, follow certain labor provisions, and be consistent with local planning standards.
SB 35 creates a streamlined and ministerial process for housing developments that
meet objective design standards including height restrictions and density limits.
A recent legislative analysis of the bill indicates that a large majority of cities and
counties in California are subject to SB 35 because they have failed to generate enough
units in one or more income levels to meet their RHNA goals. Since the bill’s adoption,
most of the state’s 100 percent affordable housing projects have been subject to SB 35
and the bill has reduced the approval timelines for these projects, in some cases, from
years to months. SB 35 has the potential to streamline the production of necessary
housing and mixed-use projects in the San Antonio Road area. However, some parties
have expressed concern over the bill taking away the ability of local government
to make local planning decisions about the built environment and it does not give
opportunities to residents to provide comments or input. While the bill holds promise
of expediting the production of essential housing, it raises concerns about the potential
erosion of local autonomy and community involvement in the project decision-making
process.
SB 10
SB 10 provides cities with an easier path for “up-zoning” residential neighborhoods
close to job centers, public transit, and existing urban areas. Under SB 10, cities can
choose to authorize construction of up to 10 units on a single parcel without requiring
an environmental review. Bypassing environmental review speeds up development and
allows for more residential units to be built in a shorter amount of time. By creating a
pathway for streamlined upzoning in transit-rich areas, SB 10 allows more Californians,
including communities of color, to access high opportunity areas and will help alleviate
traffic congestion and pollution. Current laws can prevent local governments from
zoning for smaller, less expensive housing. SB 10 provides tools for local governments
to zone for up to ten homes per parcel in transit-rich areas, or urban infill sites. In
theory, by creating a pathway for streamlined upzoning in transit-rich areas, the bill
allows more Californians to access high-opportunity areas and will help alleviate traffic
congestion and pollution. The City of Palo Alto has expressed opposition to SB 10,
viewing the bill as a potentially anti-democratic power. Some community members
have concerns stemming from the idea that SB 10 encourages local governments to
up-zone parcels in vaguely defined job-rich and transit-rich areas, independent of
their general plan, and with no affordability requirements or measures to provide for
the necessary infrastructure and other associated community needs. Such actions in
high-demand areas, like Palo Alto, do not significantly decrease housing affordability
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but rather increase land prices. Due to the fact zoning has not been an obstacle for
affordable housing in Palo Alto, SB 10 will likely not have much relevance or impact on
the San Antonio Road Corridor.
SB 478
Under SB 478, developments that have between three and seven units would have a
minimum FAR of 1.0, while those with between eight and ten units must be allowed
a FAR of 1.25. This bill could help stop the misuse of FAR and minimum lot size
requirements that prevent the construction of multi-family buildings in areas already
zoned to allow them. Because there is a significant amount of medium-density
residential zones in Palo Alto that allow a FAR of 0.4 or 0.6, SB 478 would effectively
double the density of these residential lots. Due to Palo Alto’s existing strategies for
increasing density, SB 478 will help further promote and streamline the production
of medium-density housing and mixed-use developments in the San Antonio Road
Corridor.
Regional Regulations
This section describes the regional regulatory framework related to land use and
community character in the Palo Alto planning area. The City adheres to California’s
broader policies while also implementing local strategies to balance growth and
preserve community character. The San Antonio Road Corridor project will encompass
a wide variety of federal, state, regional, and local regulations that require careful
consideration throughout the design process.
Local Agency Formation Commission (LAFCO)
The Local Agency Formation Commission (LAFCO) is a regulatory agency in California
responsible for overseeing changes in local government organization and boundaries.
The fundamental thrust of Plan Bay Area is to accommodate the majority of growth in
priority development areas. Priority development areas include infill areas within a city
usually served by transit, such as historic downtowns and underutilized commercial
strips. This approach is consistent with and supportive of LAFCO’s goals to encourage
orderly boundaries, discourage urban sprawl, and preserve agricultural and open space
lands. Plan Bay Area includes projections for the region’s population, housing, and job
growth within existing urbanized areas. These projections demonstrate that the region
has the capacity to accommodate expected growth over the next 30 years without
sprawling further into undeveloped land on the urban fringe.
Federal regulations require the Metropolitan Transportation Commission (MTC) to
produce a Regional Transportation Plan, while state law requires the Association of
Bay Area Governments (ABAG) and MTC to jointly develop the Bay Area’s Sustainable
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Communities Strategy. To meet these requirements, MTC and ABAG address both
in a single document - Plan Bay Area. Palo Alto may update its Housing Element to
ensure that it accommodates the regional housing needs allocated by the ABAG. Palo
Alto may also coordinate with the MTC to explore opportunities for enhancing public
transportation and promoting development near transit hubs to reduce reliance on
private vehicles.
Local Regulations
City of Palo Alto Comprehensive Plan 2030 (Comprehensive Plan)
The Comprehensive Plan, adopted by the City in 2017, encompasses the official policies
of the City concerning land use and community design, transportation, housing,
natural environment, safety, business and economics, and community services. These
policies apply to both public and private properties, with a primary emphasis on
shaping the city’s physical landscape. The Comprehensive Plan is a legal document
and must adhere to specific state-mandated content requirements. State law defines
the subjects that must be covered and the maps and diagrams that the plan requires.
The plan must be comprehensive, long-range, and internally consistent. Its policies
apply to all properties within Palo Alto’s Sphere of Influence, which encompasses all
the land within the city limits, the Stanford University campus, and other properties in
unincorporated Santa Clara County.
Land Use Goals
As a comprehensive document, the 2030 Comprehensive Plan lists many goals,
strategies, policies, and actions across a mix of topics. The goals related to land use
include growth management, sustainable communities, distinct neighborhoods,
commercial centers, employment districts, design of buildings and public space,
historic resources, parks and gathering places, public streets and public spaces, and the
Palo Alto Airport.
Land Use Designations
The Land Use Element outlines 23 Land Use Designations in the city; seven of which
are present within the project area (see Figure 4) and are defined and described in
Table 1 below. Each parcel is assigned a Land Use Designation that conveys the City’s
intended purpose and character. These designations establish the fundamental policies
and features that are then implemented through zoning regulations. Most of the
adjacent land uses within Palo Alto are the same as in the project area; except for a
small portion that is designated as School District Land which exists on the east border
of the project area between Alma Street and Middlefield Road.
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Figure 4 - Comprehensive Plan Land Use Designation Map
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Land Use Designations Allowed
Density/FAR
Single-Family
Residential
Residential neighborhoods characterized by
detached single-family homes, typically with one
dwelling unit on each lot.
1-7 du/ac
1-14 du/ac*
*On parcels where
second units or
duplexes occur
Multi-Family
Residential
Residential neighborhoods characterized by three
or more dwelling units, which may be in the same
building or in separate buildings on the same site.
8-40 du/ac
8-90 du/ac
Mixed-Use
Intended to promote pedestrian-oriented places
that layer compatible land uses, public amenities,
and utilities together at various scales and
intensities.
1.15 FAR
Service
Commercial
Facilities providing citywide and regional services
and relying on customers arriving by car. Typical
uses include auto services and dealerships, motels,
lumberyards, appliance stores, and restaurants,
including fast service types.
0.4 FAR
Neighborhood
Commercial
Includes shopping centers with off-street parking
or a cluster of street-front stores that serve the
immediate neighborhood. Typical uses include
supermarkets, bakeries, drugstores, variety stores,
barber shops, restaurants, self-serve laundries, dry
cleaners, and hardware stores.
0.4 FAR
Light Industrial
Wholesale and storage warehouses and the
manufacturing, processing, repairing, and
packaging of goods.
0.5 FAR
Research/
Office Park
Office, research, and manufacturing establishments
whose operations are buffered from adjacent
residential uses.
0.3-0.5 FAR
Table 1 - Description of Land Use Designations
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Desegnaiton Acres
(Project Area)
Percentage
(Project Area)
Residential
Single-Family Residential 22.5 10%
Multi-Family Residential 36.4 16%
Subtotal 58.9 26%
Commercial/Mixed Use
Service Commercial 21.8 9%
Neighborhood Commercial 2.2 1%
Mixed-Use 12.6 5%
Subtotal 36.6 15%
Business/Industrial
Research/Office Park 41.6 18%
Light Industrial 93.2 40%
Subtotal 134.8 59%
TOTAL 230.3 100%
Table 2 - Comprehensive Plan Land Use Designations(Does not include 29.9 acres (12 percent) of public right-of-way within project area)
Table 2 (above) lists the acreage and percent share for each land use designation in the
project area. Light Industrial and Research/Office Park land uses make up 59 percent of
the project area and are mostly located in the north half of the project area. Residential
land uses make up 26 percent of the project area and are located in the southern half
of the project area, south of East Charleston Road. Service Commercial, Neighborhood
Commercial, and Mixed-Use land uses form 15 percent of the project area. These
commercial uses mostly exist in the middle of the project area between East Charleston
Road and Middlefield Road with a small portion just below Middlefield Road. Mixed-Use
land use is in one area just north of East Charleston Road.
Zoning
The Zoning Ordinance serves as the chief regulatory tool for translating the objectives
of the Comprehensive Plan’s Land Use Element into practice. It outlines the legally
permissible type, intensity, and development criteria for a specific parcel. In accordance
with state law, the Zoning Ordinance is required to conform to the Land Use and
Development Policies outlined in the Comprehensive Plan. Existing zoning in the
project area is generally consistent with the planned distribution of uses articulated
in the Comprehensive Plan. Figure 5 shows the zoning districts within the project area
and Table 3 lists the titles and percent distribution of these zoning districts.
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Figure 5 - Zoning Map
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Title Acres
(Project Area)
Percent
(Project Area)
Residential
R-1(8000) (Single Family Residential)21.1 9%
R-2 (Two Family Residential)0.3 >1%
RM-20 (Low-Density Multiple-Family Residential)10.2 4%
RM-30 (Medium-Density Multiple-Family Residential)4.4 2%
Subtotal 36.0 15%
Commercial
CN (Neighborhood Commercial)2.2 9%
CS (Service Commercial)*12.8 1%
Subtotal 15.0 15%
Industrial
ROLM (Research, Office, Limited Manufacturing)**35.0 18%
GM (General Manufacturing)96.4 40%
Subtotal 131.4 59%
Planned Community
PC (Planned Community)47.6 21%
Subtotal 47.6 21%
TOTAL 230 100%
Table 3 - Zoning Distribution(Does not include 29.2 (11percent) acres of public right-of-way within project area)*Includes CS (AD)**Includes ROLM (D)(AD)
Similar to the land use designations, Research/Office/Limited Manufacturing (ROLM)
and General Manufacturing (GM) zones make up 57 percent of the project area and
are located mostly in the north half of the project area. The ROLM zones permit a
specific set of office, research, and manufacturing activities within a manufacturing and
research park setting, designed for uses needing larger spaces with access to natural
light and air. While office uses are allowed, they shouldn’t dominate this district. The
ROLM district primarily targets areas designated for research and office park use in the
Palo Alto Comprehensive Plan, especially those east of El Camino Real.
Planned Community (PC) zones make up 21 percent of the area and are spread
throughout the project area. Planned Community zones are designed to support
developments that encompass various activities like residential, commercial,
professional, research, administrative, and industrial uses. These zones offer flexibility
for combinations of uses under controlled conditions that may not be achievable
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in other districts. They are especially suited for well-planned, comprehensive
developments that provide significant public benefits and align with the goals of the
Palo Alto Comprehensive Plan.
Residential (R-1, R-2, RM-20, and RM-30) zones make up 15 percent of the project area
and are located in the south half of the project area, south of East Charleston Road.
Single Family Residential (R-1) aims to establish, protect, and improve areas suitable
for standalone homes, emphasizing natural surroundings and open spaces for privacy,
outdoor living, and children’s play. The zones allow for accessory dwelling units, junior
accessory dwelling units, and accessory structures or buildings.
Two-Family Residential (R-2) permits a second dwelling unit under the same ownership
as the primary one on suitable sites in areas designated for single-family. Regulations
are in place to maintain the fundamental single-family character and community
facilities like schools and public spaces are restricted unless their inclusion does not
result in a net loss of housing.
Low-Density Multiple-Family Residential (RM-20) is designed for a mix of single-family
and multiple-family housing that harmonizes with nearby low-density residential
zones, including single-family districts. This district also acts as a transitional zone to
moderate-density multiple-family or nonresidential areas.
Medium-Density Multiple-Family Residential (RM-30) aims to create and improve
neighborhoods for multiple-family housing with specific site development standards
and visual features to minimize impacts on adjacent lower-density residential districts.
This density level is suitable for larger properties where developments can provide
their own parking and fulfill open space requirements, typically in the form of garden
apartments or cluster developments.
Both Neighborhood Commercial (CN) and Service Commercial (CS) zones make up
only seven percent of the project area. These commercial zones only exist in the
middle of the project area between East Charleston Road and Middlefield Road. The
Neighborhood Commercial zones aim to establish and preserve neighborhood shopping
zones, mainly for retail sales, personal services, eateries, and moderately-sized offices
catering to the local community. Regulations are designed to ensure these activities are
highly compatible with the nearby residential areas. The Service Commercial zones are
designed to establish and maintain zones for citywide and regional services that may
not be suitable for neighborhood or pedestrian-oriented shopping areas. These services
often necessitate automotive access for customer convenience, vehicle/equipment
maintenance, loading/unloading, and parking of commercial service vehicles.
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Zoning Subdistricts and Combining Districts
Special Residential Building Site R-1 Subdistricts (7000), (8000), (10000), (20000)
• The special residential building site R-1 subdistricts adapt R-1 single-family
residential zone regulations to establish and preserve diverse single-family living
areas with varying site sizes and development characteristics. Each subdistrict
variation corresponds to the zone’s minimum lot size; R-1 (8000) has an 8,000 square
foot minimum lot size.
Automobile Dealership (AD) Combining District
• The Automobile Dealership (AD) district modifies service commercial (CS) and
general manufacturing (GM or GM(B)) district regulations to establish areas for
automobile dealerships specializing in new and used vehicle sales and service on
both citywide and regional levels. Such uses generally require specific parking,
access, and outdoor display provisions for customer convenience, vehicle servicing,
loading/unloading, and commercial service vehicle parking.
Site and Design (D) Review Combining District
• The Site and Design Review Combining District aims to establish a review and
approval process for development in environmentally and ecologically sensitive
areas, as well as established community areas that might be affected by negative
aesthetic factors, excessive noise, increased traffic, or other disruptions. The goal is
to ensure that such development harmonizes with surrounding land uses, aligns with
environmental and ecological goals, and conforms to the Palo Alto Comprehensive
Plan.
Housing
Housing Supply
The housing inventory in Palo Alto currently consists of 26,161 units. Among these, 61
percent are designated as single-family homes. Furthermore, within this housing stock,
there are 11,423 units currently rented by tenants, while 14,727 units are owned by
homeowners. These figures provide a snapshot of the housing landscape in the region
and its distribution among various housing types and ownership arrangements.
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Housing Element
The Housing Element is a component of Palo Alto’s Comprehensive Plan. The primary
goal of the housing element is to establish a comprehensive strategy to ensure the city
allocates sufficient land for safe, high-quality, and affordable housing for its residents.
It encompasses an assessment of both current and future housing needs and outlines
a strategy for housing objectives, policies, and initiatives. The State of Califorina
mandates that each city must update its housing element every eight years to fulfill
the Regional Housing Need Allocation (RHNA). This allocation determines the housing
requirements at various affordability levels. Currently, the City of Palo Alto does not
have an approved Housing Element from the state, as it was rejected twice due to non-
compliance with RHNA requirements. The city has resubmitted its 2023-2031 housing
element and is awaiting state approval.
Income Level Number of Units
Extremely Low 778
Very Low 778
Low 896
Moderate 1,013
Above Moderate 2,621
TOTAL 6,086
Table 4 - RHNA Numbers
Table 4 provides an overview of RHNA numbers for the City of Palo Alto for the 2023-
2031 Housing Element cycle. It breaks down the allocation of housing units by income
level, with a total of 6,086 units distributed across various income categories.
Housing Policies
The City of Palo Alto Housing Element aims to address the expanding population
and job market. The population growth has led to a sharp increase in housing
demand, resulting in soaring housing costs. As a consequence, residents are finding
it increasingly difficult to afford homes in the city. Between 2020 and 2021, home
prices surged by 40 percent, accompanied by a 55 percent spike in rental prices. As
of 2021, the median home price in Palo Alto reached $3.6 million. This trend mirrors
the situation observed in numerous Silicon Valley areas, where housing demand has
outpaced supply causing housing prices to escalate rapidly.
The Palo Alto Housing Element highlights the challenges the city faces in expanding
its housing supply. With limited vacant land for development and smaller lot sizes,
constructing multi-family housing becomes more challenging. Furthermore, Palo
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Alto has the highest impact and capacity fees in the region. These fees make is
more expensive to develop in Palo Alto. Additionally, there is a high number of jobs
compared to residents, contributing to rising house costs.
In 2019, the City made significant updates to its Zoning Code to boost housing
production and affordability, as outlined in the City of Palo Alto’s 2023-2031 Housing
Element. These changes removed residential density standards in commercial mixed-
use zoning districts and introduced minimum density requirements in multi-family
residential districts. Ground-floor commercial retail requirements were reduced for
residential mixed-use projects, and the Floor-Area-Ratio (FAR) increased through the
Housing Incentive Program (HIP). Additionally, there were reductions in residential
open space and parking requirements, all aimed at increasing housing production.
Affordable Housing
Palo Alto is committed to affordable housing, with the second-largest affordable
housing inventory in Santa Clara County. The city has allocated $52 million to support
affordable housing through various funds:
1. Commercial Housing Fund: Supported by fees from new commercial developments,
this fund helps create housing for the workforce. Currently, there’s less than $1.3
million available
2. Residential Housing Fund: This fund, with around $365,000 available, supports
different types of affordable housing projects, including new constructions,
acquisitions, and rehabilitations.
3. Community Development Block Grant (CDBG) Fund: Administered by HUD, this
federal funding supports community development and housing activities in Palo
Alto. In 2021, Palo Alto received $536,756 in funding
4. Home Investment Partnership (HOME) Fund: This fund focuses on projects
benefiting low- and moderate-income families, preventing slum elimination, and
addressing urgent community needs. In 2021, $536,756 was allocated for projects
like home repairs and rental relief assistance.
5. Below Market Rate (BMR) Emergency Fund: Developers building three or more
residential units in Palo Alto must contribute at least 15 percent of units at below
market rates for moderate-income households, ensuring a stock of affordable
housing in the city.
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Notable projects that have used Palo Alto’s affordable housing funding since 2017
include:
• Project Homekey: Providing 88 rooms at 1237 San Antonio Road, benefitting over
200 individuals annually. The City contributed $11 Million in land and operational
expenses.
• Mitchell Park Place: Featuring 50 units at 525 East Charleston Road, designed for
residents with intellectual or developmental disabilities. The City contributed $3
million to the project.
• Educator Workforce Housing: Offering 110 units for teachers and staff at 231 Grant
Avenue. The City contributed $3 million toward the project.
• Wilton Court: Providing 59 units at 3705 El Camino Real, catering to adults with
disabilities. The City contributed $20.5 million toward the project.
• Buena Vista Mobile Home Park: Successful preservation efforts with 117 units at
3980 El Camino Real, supported by the city’s $14.5 million contribution.
• Mayfield Place: A partnership with Stanford University, resulting in the construction
of 70 affordable units, located at 2500 El Camino Real.
In Palo Alto, many local non-profits are working to provide affordable housing options.
Here is a list of affordable housing organizations in the area, all dedicated to making
housing safe and accessible for residents.
• Alta Housing
• Community Housing Developer
• Eden Housing
• HIP Housing
• HomeFirst
• Housing Authority, San Clara County
• Housing Industry Foundation
• Mid Pen Housing
• Stevenson House
Opportunity Sites
The City of Palo Alto plans to rezone sites to meet their remaining RHNA requirements.
The City used nine rezoning strategies to identify opportunity sites. The nine strategies
are as follows:
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1. General up-zoning of sites that allow for multi-family residential use,
2. Sites located within half-mile of a CalTrain station,
3. Sites within half-mile of high-frequency bus transit corridors,
4. Parking lots owned by the City,
5. Vacant parcels and surface parking surrounding local faith-based institutions,
6. Sites within the General Manufacturing (GM) zone,
7. Sites within Research, Office, and Limited Manufacturing (ROLM) zone,
8. Sites owned by Stanford University,
9. And additional sites identified by City staff.
Within the San Antonio project area, the city has identified 48 opportunity sites (see
Figure 6). Among these sites, 34 are currently zoned as GM but can be rezoned to allow
high-density residential use. The GM sites can accommodate 885 housing units. The
city has also identified an additional 13 opportunity sites for upzoning, enabling a
higher density than currently permitted. These 13 sites are zoned for CS, RM-20, and
RM-30, collectively adding 302 units. Additionally, there is one opportunity site within
a quarter-mile of a Caltrain station. This site is a large surface parking lot and has the
potential to add 50 housing units. Furthermore, the Housing Element has highlighted
one pipeline project located at 788 San Antonio Avenue, which is set to add 102 new
housing units. In total, these sites represent 1,289 housing units within the project
area.
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Figure 6 - Opportunity Sites
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Mountain View
Adjacent Land Use Designations
The properties adjacent to the project are are designated Low-Density Residential,
Medium-Density Residential, Medium High-Density Residential, General Commercial,
General Mixed-Use, Mixed-Use Corridor, General Industrial, Industrial/Regional
Commercial, and High-Intensity Office (see Figure 7). These nine adjacent land uses
are defined and described in Table 5 below. The mix of land uses adjacent to the project
area are spread evenly across the border. However, Low-Density Residential and
General Industrial land uses make up the majority of adjacent land use.
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Figure 7 - Adjacent Land Use in Mountian View
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Land Use Designations Allowed
Density/FAR
Low-Density
Residential
Detached, single-family houses and
similar uses compatible with a quiet living
environment.
6 du/ac
Medium-Density
Residential
A mix of single- and multi-family housing
with a residential character appropriate to a
range of densities and a broad mix of housing
types.
13-25 du/ac
Medium High-Density
Residential
Multi-family housing such as apartments and
condominiums, with shared open space for
common use.
26-35 du/ac
General Commercial A broad range of commercial and light
industrial uses serving businesses and
residents, such as automotive repair, retail
and wholesale businesses, carpentry shops,
veterinary clinics, and similar types of uses.
0.4 FAR
General Mixed-Use A mix of commercial, office, and residential
uses.
1.35 FAR
(approx 43 du/ac)
0.50 FAR
can be office and
commercial
Mixed-Use Corridor Allows a broad range of commercial, office,
and residential uses and public spaces serving
both surrounding neighborhoods and visitors
from nearby areas.
1.85 FAR
(approx 60 du/ac)
0.50 FAR
can be office and
commercial
General Industrial Production, storage, and wholesale of goods
and services to create a broad industrial base.
0.35 FAR
Industrial/Regional
Commercial
Regional commercial and some continued
light manufacturing and research and
development uses.
0.5 FAR
High-Intensity Office Major corporations, financial and
administrative offices, high-technology
industries, and other scientific facilities, as
well as supporting retail and service uses.
0.35 FAR
Table 5 - Adjacent Land Use Designations in Mountain View
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Adjacent Zoning
The properties adjacent to the project area are zoned as Single-Family (R-1),
Commercial/Residential-Arterial (CRA), Commercial-Service (CS), General Industrial
(MM and MM-40), and Planned Community/Precise Plan (P) (see Figure 8). General
Industrial (MM-40), located between Middlefield Road and US Highway 101, and Single-
Family Residential (R-1) zones make up the majority of adjacent land use.
Single-Family (R-1) zoning is designated for detached, single-family dwellings, dual
urban opportunity developments, and similar uses that align with a peaceful, family-
oriented living environment. This district is in line with the low-density residential
land use designation of the General Plan.
Commercial/Residential-Arterial (CRA) zoning district allows for a wide variety
of commercial, office, and residential uses situated along the city’s primary traffic
routes. It is intended for businesses that serve the local community and also cater to
visitors from outside the city. This district accommodates hotels, motels, retail stores,
restaurants, offices, housing, and similar compatible uses.
Commercial-Service (CS) zoning district permits service commercial and industrial
activities that cater to the needs of local residents and businesses. Such activities
encompass automotive repair, retail and wholesale businesses, carpentry shops,
veterinary clinics, and similar compatible uses.
General Industrial (MM/MM-40) zoning was created to promote responsible industrial
development within the city, offering a dedicated environment for such purposes. It
is governed by regulations that ensure clean air and water in the bay area, and protect
neighboring residential areas from potential hazards, noise, or other disruptions.
Planned Community/Precise Plan (P) zoning is established to accommodate uses or
combinations of uses suitable for planned area development. It should only be applied
to areas that, due to factors like proximity to other zoning districts, topography,
location, size, shape, or existing development, need special consideration to be
effectively integrated into the community and adjacent districts. The intent is to
support planned circulation patterns, residential densities, coverage limits, and the
preservation of open spaces, following modern land planning and zoning principles.
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Figure 8 - Adjacent Zoning in Mountain View
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Relationship Between Palo Alto and Mountain View
Palo Alto and Mountain View have a strong relationship not only as geographical
neighbors but as partners sharing resources for common objectives. Their collaboration
involves important elements such as fire protection and water quality control, with
Mountain View relying on the recycled water supply from the Palo Alto Regional
Water Quality Control Plant. Additionally, in emergency scenarios, Mountain View
is seamlessly integrated into the contingency plans of both Palo Alto and Sunnyvale
through shared emergency water lines.
Law enforcement dispatch operations are also a joint effort, involving Palo Alto,
Los Altos, and Mountain View. Sustainability initiatives are manifested in shared
endeavors, most significantly at the Sunnyvale Materials Recovery and Transfer Station,
which serves as a unified waste collection facility for Palo Alto, Mountain View, and
Sunnyvale. However, the relationship between the two cities has some challenges.
A perfect example is the shared agreement between Palo Alto and the Shoreline
Amphitheatre to mitigate noise concerns stemming from seasonal concerts.
Google
Alphabet was created through a corporate restructuring of Google in October 2015
and became the parent company of Google as well as several of its former subsidiaries,
including Calico, X, CapitalG, and Sidewalk Labs. With 19.9 million square feet,
Alphabet has a Bay Area footprint that’s 38 percent larger than Apple’s. Alphabet’s
holdings, calculated by commercial real estate research firm CoStar Group, reflect its
vast and expanding operations in the Bay Area. Google, Alphabet’s largest division,
employs more than 34,000 people in the Bay Area. 20,000 of those employees work
in Google’s home, Mountain View, with 1,000 more working in Palo Alto according to
CoStar Group.
Google plays a significant role in the urban form of both Palo Alto and Mountain View.
The company has a large influence in shaping the urban landscape with its strategic
housing policies. With the objective of minimizing employee commute times, Google
envisions the construction of approximately 13,000 housing units across the South
Bay Area, with a significant emphasis on Mountain View. The submission of plans for
two mixed-use developments, the Middlefield Park and North Bayshore master plans
in Mountain View, indicates a substantial housing influx, forecasting nearly 9,000
additional units in the coming decades. Google’s expanding influence can be seen in its
real estate investments. The recent acquisition of a sizable manufacturing facility at
3850 Fabian Way, in close proximity to the San Antonio Road project area, hints at the
potential extension of Google’s presence into Palo Alto.
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In May of 2022, Google opened the doors to its new sustainable Bay View campus in
California, marking the first time the company has developed one of its own major
campuses. About twelve and a half miles from San Antonio Road, the project is all-
electric, net water positive, and is the largest geothermal installation in North America.
It covers 17,000 acres adjacent to open space, has two office buildings, a 1,000-person
event center, and 240 short-term employee accommodation units. Even with the
included accommodation units, the new campus is sure to increase the demand for
housing in the surrounding communities, including the San Antonio Road area.
North Bayshore Master Plan
On June 13, 2023, the Mountain View City Council approved the North Bayshore Master
Plan, a collaborative effort between Google LLC and LendLease, to establish a mixed-
use neighborhood in North Bayshore. The project includes demolishing all buildings
and improvements to construct up to:
• 7,000 residential units
• 26.1 acres of public parks and open spaces
• 233,990 square feet of retail spaces
• 55,000 square feet of community facilities
• 3.14 million square feet of office space
• New public and private streets, along with bicycle and pedestrian improvements
• A private district utility system
Approvals also include a 30-year Development Agreement and a Tentative Map to
create 37 new parcels (including condominium and commercial lots). The Council
also certified a Subsequent Environmental Impact Report and adopted a statement of
overriding considerations. The 153-acre Master Plan area is bounded by Charleston
Road to the north, Stevens Creek to the east, Space Park Way to the south, and Huff
Avenue to the west. The plan area also includes portions of the Gateway Master Plan
area located at the northwest corner of Shoreline Boulevard and the US 101 freeway
northbound on-ramp; six parcels between San Antonio Road and Marine Way; and the
Shoreline Amphitheatre parcel north of Amphitheatre Parkway. The Master Plan is
located in the P-39 (North Bayshore) Precise Plan and the PF (Public Facilities) zoning
district.
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Key Terms
• Comprehensive Plan: A comprehensive plan, also referred to as a general plan or
master plan, is a comprehensive policy document that informs future land use
decisions. It establishes land use designations and policies that identify a range of
zoning options that can be applied to property.
• Element: California Law requires specific topics, also called “Elements,” to be
covered in a general plan. Required elements include land use, circulation, housing,
conservation, open space, noise, and safety.
• GHG (Greenhouse gas): gases in the earth’s atmosphere that trap heat causing an
increase in average surface temperature. The major source is the burning of fossil
fuels- coal, natural gas, and petroleum.
• Housing Element: The housing element provides an assessment of current and future
housing needs and outlines a strategy for housing objectives, policies, and initiatives.
• Land Use Element: The purpose of the land use element is to designate the proposed
general distribution, general location, and extent of uses of the land in the city.
• Land Use Designations: A description of policies relating to existing and future
land use and density of development with which all future zoning bylaws and
amendments must be consistent.
• RHNA: The Regional Housing Needs Assessment is a California requirement making
cities and county areas plan for new housing to accommodate future growth. This
assessment operates on an eight-year cycle.
• SB (Senate Bill): proposed legislation
• VMT (Vehicle Miles Traveled): measures the amount of travel for all vehicles in a
region over a period of time
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Sources
Avalos, G. (2018, December 11). Google gobbles up huge Palo Alto building owned by
satellites maker. The Mercury News. https://www.mercurynews.com/2018/12/11/
google-gobbles-up-huge-palo-alto-building-owned-by-satellites-maker/
City of Mountain View. (n.d.). A Codification of the General Ordinances of the City
of Mountain View, California. Municode. https://library.municode.com/ca/
mountain_view/codes/code_of_ordinances?nodeId=PTIITHCO_CH36ZO
City of Mountain View. (2012, July 12). Mountain View 2030 General Plan.
City of Mountain View. https://www.mountainview.gov/home/
showpublisheddocument/6469/638214115708670000
City of Palo Alto. (n.d.). Community Development Block Grant. City of Palo Alto.
https://www.cityofpaloalto.org/Departments/Planning-Development-Services/
Housing-Policies-Projects/Community-Development-Block-Grant
City of Palo Alto. (n.d.). Greenmeadow Historic District. City of Palo Alto. https://www.
cityofpaloalto.org/Departments/Planning-Development-Services/Historic-
Preservation/Historic-Districts/Greenmeadow-Historic-District
City of Palo Alto. (n.d.). Housing Element Public Web App. City of Palo Alto
GIS. https://gis.cityofpaloalto.org/portal/apps/webappviewer/index.
html?id=990a1123dd204297a198df35af92a61c
City of Palo Alto. (n.d.). Housing Policies & Projects. City of Palo Alto. https://www.
cityofpaloalto.org/Departments/Planning-Development-Services/Housing-
Policies-Projects
City of Palo Alto. (n.d.). Interactive Map. Palo Alto Housing Element Update. https://
experience.arcgis.com/experience/7a1f0356697345479bc63099e4e1b83d/
City of Palo Alto. (n.d.). Palo Alto Municipal Code. American Legal Publishing. https://
codelibrary.amlegal.com/codes/paloalto/latest/overview
City of Palo Alto. (2017). City of Palo Alto Comprehensive Plan. City of Palo Alto.
https://www.cityofpaloalto.org/files/assets/public/v/2/planning-amp-
development-services/3.-comprehensive-plan/comprehensive-plan/full-comp-
plan-2030_with-june21-amendments.pdf
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City of Palo Alto. (2023, May 15). Status Update on the Development of the 2023-2031
Housing Element. City of Palo Alto. https://www.cityofpaloalto.org/News-
Articles/City-Manager/Status-Update-on-the-Development-of-the-2023-2031-
Housing-Element
Elias, J. (2023, April 21). Google’s 80-acre San Jose mega-campus is on hold as company
reckons with economic slowdown. CNBC. https://www.cnbc.com/2023/04/21/
googles-80-acre-san-jose-mega-campus-on-hold-amid-economic-slowdown-.
html
Google. (n.d.). North Bayshore Master Plan. North Bayshore. https://realestate.
withgoogle.com/northbayshore/plan/
National Conference Of State Historic Preservation Officers. (n.d.). National Historic
Preservation Act Of 1966. NCSHPO. http://rb.gy/thpbu
Plan Bay Area. (n.d.). Plan Bay Area 2050 (2021). Plan Bay Area 2050 +. https://www.
planbayarea.org/plan-bay-area-2050
Sheyner, G. (2021, October 15). Palo Alto scrambles to react to barrage of new housing
laws. Palo Alto Online. https://paloaltoonline.com/news/2021/10/15/palo-alto-
scrambles-to-react-to-barrage-of-new-housing-laws
Sheyner, G. (2023, September 19). City hopes to lure growth — and grants — to
San Antonio Road. Palo Alto Online. https://www.paloaltoonline.com/
news/2023/09/19/palo-alto-looks-to-steer-growth----and-grants----toward-
san-antonio-road
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Introduction
This Existing Conditions Report provides an in-depth analysis of the transportation
policies and infrastructure that is evident on the road and within the broader Palo
Alto area. It is intended to document the vehicular and pedestrian conditions on San
Antonio Road while providing context with the neighboring city of Mountain View and
the County of Santa Clara. Information and data in this document were collected from
multiple sources including City and County documents and available transportation
data.
Major Findings
• Bicycle Facilities: Per the Bicycle and Pedestrian Transportation Plan, there are
minimal bikeway facilities on the road. Sharrows are present but not consistently
applied along San Antonio Road. There is minimal bike parking for the public within
the project area.
• Pedestrian Facilities: Most blocks have sidewalks on at least one side of the road.
Areas where sidewalks are nonexistent are near the major expressways bordering
the project area. There are no opportunities for pedestrian crossings on San Antonio
Road over Alma Street or Highway 101, making it difficult to use this road as a
pedestrian.
• Roadways: Connecting sections of East Charleston Road and Middlefield Road are
below the threshold at 16,126 and 14,578 vehicles per day respectively. According
to National Association of City Transportation Officials, four lane roads that have a
capacity of up to 25,000 vehicles per day can function as three lane roads. Average
LOS of C and D grades at intersections of San Antonio Road and East Charleston
Road and Middlefield Road in 2017.
• Public Transportation: Caltrain has approximately 300 daily users of the station.
Route 21 has one to two dozen daily users at three stops in the project area. San
Antonio Shopping Center is the closest public transit hub with stops from VTA
buses 21, 40, 522, 22, Mountain View Community Shuttle, MVGo Shuttle, Marguerite
Shuttle (Stanford University).
• Transportation Demand Management: The City of Palo Alto collaborates with
the Palo Alto Transportation Management Association to implement commuter
programs that will reduce single-occupant vehicle trips. Although these programs
currently serve only downtown Palo Alto, the success of their performance can bring
greater TDM efforts to the San Antonio Road Corridor.
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• Safety: San Antonio Road and Middlefield Road are recommended as a walking
route for Safe Routes to School (SRS), but not as a biking route. The recommended
biking and walking route is at Mackay Drive and San Antonio Avenue. There is a
section of East Charleston Road between Fabian Way and San Antonio Road that is
not designated a SRS, opportunity to complete connection. Around half of vehicle
collisions in Palo Alto are caused by speeding.
• Parking Services: Although none of the City’s existing parking programs serve
the San Antonio Road Corridor, the City’s code allows residents and institutions to
petition for the expansion of some of these programs to their neighborhoods. Along
with these programs, parking reductions for multi-family developments and retail
establishments can apply to the project area.
• Airport: Although both the Palo Alto Airport and the Moffett Federal Airfield have
flight tracks flying over the top corner of the project, north of Highway 101, there
is very little noise and safety impacts affecting the San Antonio Road Corridor. The
only limitation to potential development along San Antonio Road is a building
height limitation of 382 feet above sea level.
Regulatory Setting
This section will provide a brief overview of the state laws/policies and local laws/
policies that directly affect transportation in the Palo Alto area. This regulatory
framework enables decision-makers to make well-informed decisions about
transportation and its infrastructure within the city.
Federal
Americans with Disabilities Act (ADA)
The ADA legislation is designed to prohibit discrimination against individuals
with disabilities and ensures their full participation in all qualities of life including
employment, transportation, public accommodations, and more. It mandates that
employers, businesses, and public entities make reasonable and just accommodations
to provide equal opportunities and access to those with disabilities. ADA requires
that all facilities, either Title II (public) or Title III (private), must be accessible and
usable by people with disabilities. Government agencies like the U.S. Department
of Transportation (USDOT) and the Federal Highway Administration (FHWA) have
adopted ADA policies into statewide planning efforts and transportation systems.
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State
California Complete Streets Act of 2008 (AB 1358)
AB 1358 requires that the circulation element of any general plan must address
transportation from a multi-modal perspective. It also requires such elements to
consider the different users of a transportation system and the modes that each user
may use. Street designs must encompass complete street principles to meet the needs
of all users– drivers, cyclists, pedestrians, or transit passengers– regardless of age or
physical ability.
Regional
Plan Bay Area
Plan Bay Area is a long-range plan designed to incorporate sustainable and equitable
growth principles for the Bay Area Region. Developed through collaboration between
transportation agencies, regional authorities, and local governments, it addresses
critical issues like land use, housing, transportation, and environmental preservation.
The plan aims to reduce greenhouse gas (GHG) emissions, improve transportation
infrastructure, create vibrant communities, and enhance the overall quality of life in
the region.
Local
Palo Alto Bicycle and Pedestrian Transportation Plan (BPTP)
Adopted in 2012, the BPTP is a comprehensive initiative aimed at promoting walking
and cycling as sustainable modes of transportation within the city of Palo Alto. The
plan outlines a series of improvements and strategies including protected bike lanes
and pedestrian-friendly infrastructure. It seeks to create a safer, more accessible, and
interconnected network of bike and pedestrian pathways. The goal is to reduce reliance
on motor vehicles and encourage active modes of transportation, which promotes
public health and contributes to a greener and more sustainable urban environment. An
update to the plan began in the summer of 2023 to address newer trends in bicycle and
transportation technology and to better reflect the current needs of the community.
Palo Alto 2030 Comprehensive Plan
The Comprehensive Plan is a visionary document that outlines the long-term
development and land use goals for the City of Palo Alto. It provides a comprehensive
framework for guiding housing, transportation, community development, urban
growth, and sustainability. The Transportation Element of the Comprehensive Plan
emphasizes the promotion of cycling, walking, and public transportation as alternative
modes of transportation. Additionally, it aims to enhance connectivity between
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neighborhoods and reduce greenhouse gas emissions, all while creating a more efficient
and environmentally friendly system within the city. The Comprehensive Plan is
currently being updated.
Palo Alto Municipal Code
The Palo Alto Municipal Code discusses specific transportation regulations within the
city. These sections address various aspects of transportation, such as bicycle lanes,
pedestrian safety, parking, and trucking regulations. These sections aim to reduce
congestion, manage traffic flow, provide safe and efficient movement of vehicles and
pedestrians, and maintain the city’s commitment to sustainable transportation options.
Roadway Network
Roadway Characteristics
Road hierarchy refers to the organization and classification of roads based on their
functions, capacity, and importance in a transportation network. The hierarchy is
designed to efficiently manage traffic flow, facilitate transportation, and meet the
diverse needs of users. See Figure 1 for all the road typologies within the project area.
Highways
Highways are high-capacity, high-speed roadways that provide a regional connection
between cities, counties, and states. They typically have designated points for
movement on and off the roadway.
• Highway 101, at the northmost extent of San Antonio Road and with a posted speed
of 65 miles per hour, is the key regional road connector for Palo Alto. There are six
lanes in each direction,
with two being express
lanes for commuter traffic.
FASTRAK, the Bay Area
regional tolling system,
charges tolls for use of
these express lanes along
the entire section of
Highway 101 within Palo
Alto. The highway is the
most direct route through
the peninsula for travel
from the South Bay and
areas of the East Bay.
Figure 2 - Arterial at East Charleston Road and San Antonio Road.
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Figure 1 - Existing road typologies
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Arterials
Arterial roads are high-capacity, medium-speed roadways that direct traffic from
smaller streets and collectors towards highways and freeways. See Figure 2.
• San Antonio Road is a high-capacity arterial road, with a posted speed limit of 35
miles per hour. San Antonio Road consists of four travel lanes, with up to three turn
lanes at the intersection of San Antonio Road and Middlefield Road and San Antonio
Road and East Charleston Road. On-street parking is limited to the side of the road
adjacent to the Greenhouse condo complex. San Antonio Road provides the north/
south lateral connection between Highway 101, Alma Street, and State Route 82.
The adjacent roadways that provide this type of connection are Rengstorff Avenue in
Mountain View and the Oregon Expressway in Palo Alto.
• Middlefield Road consists of four travel lanes with a center turn lane, with a
posted speed limit of 25 miles per hour. Immediately west of the project area along
Middlefield Road are multiple public facilities within proximity. They include
Cubberley Community Center, Mitchell Park, JLS Middle School, and Herbert Hoover
and Fairmeadow Elementary Schools. The northern section past San Antonio Road
offers street parking, while the opposite section towards Mountain View does not.
• East Charleston Road has four travel lanes with a central turn lane, with a posted
speed limit of 25 miles per hour. Within the project area, East Charleston Road
fronts the Taube Koret Campus. Outside of Palo Alto, the road provides the main
connection with the Costco shopping center and another onramp for southbound
Highway 101 to the east in the city of Mountain View. There are no provisions for
street parking along Middlefield Road within the project area.
• Alma Street/Central Expressway is a four-lane road with a central turn lane that
widens to two at intersections, with a posted speed of 35 miles per hour. Along the
north face of Alma Street residential, commercial, and office areas have no frontage
towards the street. Parallel to the
south side of Alma Street is the
right of way for Caltrain. At the
intersection of Alma Street and San
Antonio Road, there is a highway-
like interchange system.
Collectors and local roads
Collectors and local roads are low-
capacity, low-speed streets that
provide access to mainly lower-
density residential homes. Speeds Figure 3 - Local roads at Dake Avenue.
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for these roads throughout Palo Alto are 25 miles per hour. All of these types of roads
within the project area have two lanes. See Figure 3 for an example of a local road.
• East Bayshore Road is a frontage road that runs parallel to Highway 101. The road
has one travel lane in each direction, with a third turn lane at the intersection with
San Antonio Road. There is no on-street parking.
• San Antonio Avenue serves as a collector for the east side of the Greenmeadow
neighborhood. It runs parallel to San Antonio Road as a frontage road between Alma
Street and Middlefield Road.
• Nita Avenue provides access to the north end of the Alphabet office complex and
the Monta Loma neighborhood in
Mountain View.
• Leghorn Street is opposite the
Greenhouse condo complex and
continues toward Mountain View.
Traffic Volume
Highway 101 as of 2017 Caltrans counts
had a northbound average annual
daily traffic (ADDT) count of 230,000,
and a southbound AADT of 213,200,
measured at the San Antonio Road
intersection.
Alma Street according to 2016 average
daily traffic (ADT) counts was the most
traveled arterial road, with 28,895
vehicles total along the section between
East Charleston Road. Extrapolating
from the section that ends at Fabian
Way, East Charleston Road had an ADT
of 16,126. Middlefield Road between East
Charleston Road and San Antonio Road
had 14,578 vehicles. East Bayshore Road
as a small frontage road has an ADT of 4,957 vehicles.
Traffic Control
Intelligent traffic control devices have been introduced throughout the project area.
The SynchroGreen Adaptive Control System installed along San Antonio Road adapts
the signal timing to match traffic patterns and volume. In the most recent data from
Figure 4 - Intelligent traffic control along San Antonio Road.
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2013 to 2017, the city has recorded single-digit percentage reductions in motor vehicle
volume at intersections along San Antonio Road (See Figure 4).
Trucking
Chapter 10.48 of the Palo Alto Municipal Code designates the San Antonio corridor as
a corridor for heavy and oversized truck movement. Designated truck routes include
through and local trucks, allowing these vehicles a means to travel across Palo Alto
without having to obtain permission from the City. All other roads except those
designated in the section prohibit these categories of trucks from traversing them.
Bicycle Network
Bicycle Facilities
The existing bikeway network follows California’s classification of bicycle facilities.
These consist of Class I, Class II, and Class III bikeways. Figure 5 depicts the current
network. Palo Alto’s network consists primarily of class II lanes, or one-way facilities on
either side of the roadway with no road buffers. Half of San Antonio Road has a class III
bike lane, but there is no bike lane covering the rest of this road.
Class I Bikeways
Class I bikeways, or shared-use bike paths, are paved right-of-way paths designated
solely for bicyclists, pedestrians, and other non-motorized travel modes. These paths
are physically buffered from vehicular traffic providing additional safety for users.
Class I paths are predominantly present where roadways are absent and provide critical
connections to other areas of the city. San Antonio Road has no bikeways for this class.
Class II Bikeways
Class II bikeways are classified as striped lanes for bicyclists. These facilities are the
most common classification through Palo Alto. They typically have a single stripe of
paint separating the bicycle lane and the travel lane, but may also have a striped buffer
area instead. The BPTP recommends these lanes be a minimum of four feet wide from
the curb if there is no street parking or five feet wide if there is street parking. This
bikeway class is absent on San Antonio Road but is present on nearby streets in the
project area.
Class III Bikeways
Class III bikeways, commonly referred to as ‘sharrows’, are shared vehicular/bicyclist
travel lanes on a roadway. These typically are designated for low-speed, low-volume
roads to increase rider safety and prevent accidents. Such roadways are marked with
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Figure 5 - Existing bicycle infrastructure
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appropriate signage on the road with paint and have standard signs along the curb.
Almost a mile of San
Antonio Road has class
III sharrows but this is
not continuous along
the whole road.
Class IV Bikeways
Class IV bikeways are
physically separated
lanes from the traffic
lanes using planters or
bollards. While similar
to bike boulevards,
these are meant for
higher-speed and
higher-volume roads
and further reduce the
interaction between
cyclists and motor vehicles. There are currently no class IV bikeways in Palo Alto.
Figure 6 shows the different types of bike lanes
Bikeway Design Guidelines
The National Association of City Transportation Officials (NACTO) recently created
the Urban Bikeway Design Guideline. This 2014 document provides strategies for
cities to develop state-of-the-art techniques that can help create streets that are
safe and efficient for bicyclists. Palo Alto uses these guidelines to improve existing
bikeway infrastructure to promote bicycling as a sustainable form of transportation.
Some design guidelines implemented in the project area include using green colorized
pavement to denote the bike “lanes” and improving signage for both bicyclists and
vehicles.
Bicycle Parking
Bicycle parking facilities are important for securely locking and storing bicycles and
other forms of active transportation when not in use. The risk of theft, vandalism, or
just inconvenience is high for bicyclists who do not have access to convenient storage
or parking facilities at their destination. Downtown centers, or areas with high-mixed-
use capabilities, are high-priority areas for bike infrastructure and parking facilities.
The lack thereof results in the use of light poles, ADA railings, trees, and other urban
infrastructure as spaces to lock bikes.
Figure 6 - Bike Lane Classifications
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Short-term and Long-term Facilities
Short-term facilities are typically known as sidewalks or on-street “racks”, providing
enough space for the user to lock their bike frame to the rack. These facilities are
located in publicly accessible areas for convenience to the user and are intended to
provide storage for up to several hours. Bike racks in public spaces are less secure and
have fewer safety precautions during intended use.
Long-term facilities allow for the entire bicycle to be stored within a “bike locker or
cage”, providing a high level of security but are less convenient. Long-term storage is
more popular due to the increase in electric bikes, which are typically more expensive
and more likely to be stolen. These facilities are more popular during inclement
weather and are often found indoors or in covered areas.
Bicycle Parking on San Antonio Road
There are bike stations located at most transit hubs and Caltrain stations throughout
the city. At the San Antonio CalTrain station, there are 18 bike spaces (See Table 1).
These stations are inconveniently located on the southern side of Alma Street, making
it difficult to access with the poor infrastructure available. There are additional bike
racks sparsely located at various businesses along the corridor, but an initial visual
survey found a lack of sufficient bike racks in the area.
Zone Station E-Lockers Rack
Spaces
Bike
Share
Bike Valet and
Garages
3 Palo Alto 16 Caltrain
BikeLink
178 -Secure indoor bike
parking
3 California Ave 8 Caltrain
BikeLink
33 --
3 San Antonio 8 Caltrain
BikeLink
18 --
Table 1 - Caltrain Bike Parking Options by Station in Palo Alto
Bikes Onboard Caltrain
Caltrain allows those with bikes to park them on their train during a commute. A train
will typically have two to three bike cars with limited bike spaces per car. Caltrain bike
cars are usually marked by yellow signs or paint. Lightweight, aluminum, or steel city
bikes are recommended due to their compact size, allowing more bikes to be stored.
There is no charge for storing a bike on board, but there are rules and regulations that
are specific to the train. In addition, special permission to have a bike at the train
station may be required in some places.
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Current Projects & Programs
Bike Rack Program
The City has a program that offers free bike racks to businesses within city limits.
Those businesses are responsible for the installation of the racks. The program is not
publicized well by the City and very few businesses know about it.
Neighborhood Traffic Safety and Bicycle Boulevard Projects (NTSBB)
NTSBB projects work to expand the growing network of bicycle boulevards and
traffic-calming infrastructure throughout the city. Such projects create low-stress
environments and prioritize safety for pedestrians and bicyclists for consistent use.
The City’s current boulevard project on Ross Road aims to improve youth safety during
usage and reduce vehicular mobility without causing confusion. There have been
proposals to create bike boulevards that cross San Antonio Road, but none of these
have come to fruition.
Pedestrian Network
Pedestrian Facilities
The existing pedestrian network in the city consists of hundreds of miles of sidewalks,
courtyards, trails, and private pathways. According to the BPTP, Palo Alto had over 250
miles of sidewalks. These facilities are dissimilar in their appearance, condition, and
usability, however. About half of San Antonio Road has pedestrian infrastructure, but
there are gaps in the sidewalk network.
Sidewalks
The city had twenty-three sidewalk districts created following a 1985 sidewalk survey
documenting the conditions and damage across the network. Since 1985, the districts
have expanded to include newer facilities, including private pathways and trails. Many
sidewalk facilities are in poor condition and experience little foot traffic. There are an
additional 15 miles of Class I, or shared-use, pathways in the city.
About half of San Antonio Road has standard sidewalk facilities, as shown in Figure 7.
There are no sidewalk connections to Highway 101 and Alma Street, which are the two
main arterials that form the boundary of the project area. There are also no pedestrian
connections going northbound towards the Baylands or south across Alma Street
towards the Caltrain station. The central section of San Antonio Road has sidewalks in
good condition with easy access to nearby retail and landmarks.
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Figure 7 - Existing pedestrian conditions
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Trails
Many unpaved trails exist within the regional open space areas, such as the Baylands,
and in large private developments. The trails also have trailheads that prevent
unwanted vehicles from entering the trails. These devices often make accessibility
worse. The Baylands Nature Preserve Trail connects to the northern end of San Antonio
Road north of Highway 101, but pedestrian facilities do not extend over Highway 101
and connect to the rest of San Antonio Road.
Current Programs & Policies
Sidewalk Repair Capital Contract Program
The annual sidewalk repair program services all 23 sidewalk districts through the Public
Works Department’s Engineering Services Division. It focuses on pressing issues such
as meeting ADA requirements, removing and replacing damaged sidewalks, curb and
gutter replacement, and other related work. The program was completed in 2016 and is
currently being used to monitor and assess repairs to the network.
Sidewalk, Curb, and Gutter Repair Program
The Public Works Engineering Services Division runs the sidewalk, curb, and gutter
repair program to repair pedestrian infrastructure. This program is independent of
the Capital Contract Program districts and focuses solely on damaged sidewalk areas.
Reporting damages is done through the division, but the PaloAlto311 program is aiming
to streamline this process.
San Antonio Road/Charleston Road Intersection Improvement Project
This project is aimed at improving the infrastructure conditions at the San Antonio
Road and Charleston Road intersection. The project also addresses poor vehicle level of
service (LOS) and intersection operations. Four community meetings were conducted
across 2018 and 2019 to gather feedback and insight from locals. A concept plan was
approved in early 2020, but construction has yet to be started as of late 2023. The
final design will include curb extension and protection for pedestrians in addition to
improved crosswalk conditions.
Public Transportation
Public transportation use for the city of Palo Alto is low. As of 2014, five percent of daily
trips were taken on public transportation. It should be noted that the effects of the
COVID-19 pandemic have had a lasting effect on ridership numbers into the present
day. VTA has only seen ridership return to 72 percent of pre-COVID numbers.
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Rail Service
Caltrain is a passenger commuter rail service that runs from Gilroy to San Jose, Palo
Alto, and San Francisco. Caltrain serves as the highest-capacity regional public transit
provider in the South Bay region, and the second most in the entire Bay Area after
BART. In September of 2023, average weekday ridership reached 21,366. This is one-
third of the ridership of February 2020. The average weekday combined boardings and
alightings in 2019 was 978 people. At the same ratio between pre and post-COVID
total Caltrain ridership, the average daily weekday traffic would be around 310 at San
Antonio Station.
The San Antonio Station is the closest Caltrain station to the project area, located
on the border of Palo Alto in the neighboring city of Mountain View. Aside from San
Antonio Station, Palo Alto has three other Caltrain stops. These are the California
Avenue, Stanford, and Palo Alto Transit Center. The station is served by trains on the
Local 1, Weekend Local 2, and Express Limited 3 routes. The station does not receive
service from trains running the Express Limited 4, 5, and 7 ‘Baby Bullet’ routes.
Generally, the northbound direction starts service an hour before and ends service two
hours before the southbound direction during both the weekdays and the weekends.
Train Schedules
During the weekday, San Antonio Station receives the Local 1 and 2 trains, with the
Express Limited 3 train stopping at peak commuting times.
The northbound direction for the weekday at the San Antonio station has headways of
around:
• 45 minutes from 4:51 am to 6:20 am
• 24 minutes from 6:20 am to 9:19 am
• 1 hour from 9:19 am to 3:17 pm
• 30-45 minutes from 3:17 pm to 11:37 pm
The southbound direction during the weekday has headways of around:
• 30 minutes from 5:59 am to 9:48 am
• 1 hour from 9:48 am to 3:48 pm
• 30 minutes from 3:48 pm to 7:50 pm
• 1 hour from 7:50 pm to 1:12 am
During the weekend, only Local 1 and 2 trains have stops at San Antonio, with
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headways of around one hour the entire day. Operating times are from 7:43 a.m. to
11:37 a.m. in the northbound direction and 9:41 a.m. to 1:17 a.m. in the southbound
direction.
Pedestrian Connection
The connection between the San Antonio Station and the project area is limited. There
are no pedestrian facilities along San Antonio Road to provide access from the station;
instead, pedestrians must cross at the corner of Alma Street and Mayfield Avenue.
Bus and Shuttle Service
There is a collection of public, semi-public, and private transit options offered within
the Palo Alto project area (See Figure 8). Palo Alto, being a city within Santa Clara
County, is within the jurisdiction of the Santa Clara Valley Transportation Authority
(VTA). Palo Alto also has some bus connections with SamTrans (San Mateo County)
and AC Transit (Alameda County), but these routes center around the Palo Alto Transit
Center and do not have as much relevance to the project area.
VTA Route 21
Route 21 is the only public transit
route with stops within the project
area area. Headways for Route 21
are every 30 minutes on weekdays
and one hour on weekends.
Some key stops for Route 21 are
the downtown Palo Alto Transit
Center, the San Antonio Shopping
Center, and the Mountain View
Caltrain Station.
Depicted in Figure 9, there are
three stops for the local bus 21
route directly along the section of
San Antonio Road. The southbound
bus stop at the corner of San
Antonio Road and Middlefield Road
has an average weekday boarding
count of 17.9 and an average
weekday alightings (the number of
passengers disembarking) of 9.6.
The northbound direction has two Figure 8 - Transit options in the near region.
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Figure 9 - Existing transit stops
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stops, one junior stop adjacent to Nita Avenue that receives 1.9 and three boardings and
alightings respectively, and the senior stop between San Antonio Court and Middlefield
that has an average weekday count of 4.1 boardings and 19.5 alightings.
VTA Route 40
The next most relevant local bus to the project area, 41, runs parallel to San Antonio
Road along Rengstorff Avenue in Mountain View. Headways for Route 41 are every 30
minutes on weekdays and one hour on weekends. Some key stops for Route 41 are the
San Antonio Shopping Center, the Mountain View Caltrain Station, Foothill College,
and Los Altos High School.
VTA School Route 288
Route 288 is a school bus route that serves Henry M. Gunn High School. One bus serves
this route before and after high school hours, only when school is in session.
ACE Shuttle Orange
The ACE Orange Shuttle connects employers to the Great America ACE Station in Santa
Clara. There are eight trips from 06:06 am to 06:39 pm Monday through Friday that
are scheduled in sync with ACE trains. There are stops along Fabian Way, the corner
of Fabian Way and East Charleston Road, the corner of San Antonio Road and Casey
Avenue, and Marine Way.
Just south of the project area between Alma Street and State Route 82 is the San
Antonio Shopping Center. While not a designated transit center, the Center hosts
stops for multiple transit options, including the Mountain View Community Shuttle,
Marguerite Shuttle, VTA 522 Rapid Bus, and MVGo.
VTA 522 Rapid Bus
The 522 Bus runs between downtown San Jose to the Palo Alto Transit Center. The stop
at the San Antonio Shopping Center is at the corner of State Route 82 and Showers
Drive. An average of 252 people board or alight every weekday. Headways at this stop
are around every hour, from 5:28 a.m. to 10:05 p.m. As an express bus, fares are $5 for
adults, which is twice the cost of a local bus fare.
Mountain View Community Shuttle
The City of Mountain View in partnership with Google and VTA runs a fare-free parallel
shuttle service. From Monday to Friday, headways are every 30 minutes between 7
a.m. and 7 p.m. On Saturday and Sunday, headways are every hour between 10 a.m.
and 6 p.m. The San Antonio Shopping Center is the most popular stop along the route,
making up 29,721 (17.2 percent) and 32,270 (18.4 percent) boardings and alightings
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over two routes.
MVGo
The Mountain View Transportation Management Association is a nonprofit
organization that operates the MVGo fare-free shuttle system. MVgo Routes C and D
provide weekday service between the San Antonio Shopping Center at the intersection
of Miller Avenue and San Antonio Road and the Bayshore area at Marine Lane and
Casey Avenue. Route C operates southbound along San Antonio Road between 6:25
a.m. and 7:36 p.m., with headways of 20-40 minutes. Route D operates northbound
along San Antonio Road between 6:56 a.m. and 7:37 p.m., with headways of 20-40
minutes. Both routes average between one and two riders daily at the San Antonio
Road/Miller stop.
Marguerite Shuttle
Stanford University operates a private shuttle system that mainly runs around the
campus area. The shuttle system is free and open to the public, with an annual ridership
of 2.74 million in 2019. At certain periods of the week, these shuttles run outside the
campus. The primary external route, the Shopping Express, travels directly to the San
Antonio Shopping Center, south of the project area. On Fridays, headways are every 60
minutes between 3 a.m. and 10:47 p.m. On Saturdays and Sundays, headways are every
60 minutes between 9 a.m. and 7:47 p.m.
Private Transit Options
Throughout the Bay Area, a collection of over 20 registered private transportation
companies offer transportation by private coach bus. They represent the seventh most
popular transportation resource in the Bay Area at over 2.6 million passengers. These
shuttles originated in the early 2000s by Google to transport workers to and from their
campuses. Today, a wide variety of companies charter private buses for use by their
employees. In a survey conducted by the Metropolitan Transportation Committee, the
county of Santa Clara in 2016 had 50-100 shuttles operating per day. The most popular
routes provide connections with San Francisco and Alameda counties. However, survey
data is anonymous, and information regarding the operations of these companies is
hard to come by due to the decentralized nature of shuttle company contracting.
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Transportation Demand
Management
Transportation demand management (TDM) plays a pivotal role in shaping the future
of transportation in Palo Alto. Using a series of TDM strategies, the City aims to reduce
congestion by encouraging a shift from single-occupant vehicles to more sustainable,
collective forms of transport such as mass transit, carpools, and private shuttles. The
following sections discuss the TDM efforts that the City is currently employing.
Municipal Code
Section 18.52.030(i) summarizes the circumstances under which a new development
must provide a TDM plan. According to the City Code, a TDM is required under these
circumstances:
• For projects generating 50 or more net new weekday (AM or PM peak hour) or
weekend peak hour trips
• For projects claiming a reduction in net new trips due to proximity to public transit
or the implementation of a TDM plan
• For projects requesting a parking reduction
Under the authority of the Director, new developments may request a reduction of up to
20 percent of the total parking spaces required for the site.
Palo Alto Transportation Management Association
The City of Palo Alto often collaborates with the Palo Alto Transportation Management
Association (TMA) to regulate TDM efforts. Palo Alto TMA is an independent, non-
profit organization that was launched in January 2015 to assist the City’s ambitious goal
of reducing single-occupant vehicle (SOV) trips by 30 percent while also prioritizing
transportation and parking challenges.
Since then, Palo Alto TMA has launched several employee and manager programs for
commuters working in downtown Palo Alto. Although these programs currently serve
only downtown employees and employers, the City’s Comprehensive Plan does note the
expansion of these programs to other areas of the city depending on their performance.
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Safety
The most commonly used indicator for roadway safety is the Statewide Integrated
Traffic Records System (SWITRS). It is a database of logged collisions from the
California Highway Patrol. These data points are logged not only along highways but
also local streets through local partner agencies. From 2018 to 2022, Palo Alto had an
average of 281.8 crashes per year, with an average of 370.6 fatalities and injuries from
those crashes.
Safe Routes to School
Palo Alto has established
a Safe Routes to School
(SRS) program in
partnership with the
Palo Alto Unified School
District (PAUSD) and Palo
Alto Council of PTA’s.
Schools that have Safe
Routes that intersect with
San Antonio Road include
Fairmeadow Elementary
School, JLS Middle
School, Hoover Elementary
School, and Greendell
School (See Figure 10). The establishment of SRS is particularly important due to the
relatively high percentage of students that walk and bike to school. For the 2021 school
year, 42 percent of elementary schoolers and 67 percent of middle schoolers either
walked or biked to school. SRS materials can be accessed online, with illustrated route
maps provided for all schools.
All of the listed schools’ SRS intersecting San Antonio Road are shared. There is a
walking and biking route that runs down Nita Avenue, crossing the intersection of Nita
Avenue and San Antonio Road and running down the neighborhood street of MacKay
Drive. There is a route running down San Antonio Road, and is only suggested for
walking. Middlefield Road also has a walking-only suggested route. The majority of
East Charleston Road is a suggested walking and biking route, except for the section
between Fabian Way and San Antonio Road.
Figure 10 - Safe Routes to School Map at San Antonio Road.
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Physical Safety Improvements
To increase neighborhood road safety, the Office of Transportation established the
Neighborhood Traffic Calming Program (NTCP) in 2001. The NTCP outlines standard
traffic calming education, enforcement, and engineering measures. Residents can
petition for these safety measures to be implemented on their local streets. Locations
identified by the community are measured against criteria in the NTCP to determine if
interventions need to be made, and then community approval solicited.
The City has identified the intersection of San Antonio Road and East Charleston Road
as an area for improvement in pedestrian safety. A frontage lane exists for parking,
increasing conflict between drivers and pedestrians. The proposed interventions would
address the failure of drivers to yield on red right turns to pedestrians.
The Palo Alto City Council in 2017 adopted a resolution that called for changes to
roadway design song corridors that experience higher average speeds than the posted
limit. Previous changes included signing and striping, which reduced roadway speeds
by two to four miles per hour. Middlefield Road after the intersection with San Antonio
Road was one of the segments targeted for design changes.
Vehicle
There are a number of categories for vehicle-based fatalities and crashes, such as from
drugs, alcohol, speeding, and distracted driving. Drug and alcohol related fatalities and
injuries crashes were an average of 24.6 per year. Distracted driving caused an average
of 33.6 fatalities and injuries per year. Speeding related fatalities and injuries were the
most consequential out of all the categories, with an average of 149.8 per year.
Bicycle
According to SWITRS data, the 2018-2022 average bicyclist fatality and injury rate
has been 53.2 per year. San Antonio Road’s existing bike infrastructure are sharrows,
meaning bikes use road lanes. For bicyclists, this creates conflict with fast-moving cars
and trucks. A common reaction to these unsafe conditions is the riding of bicycles on
sidewalks instead. This behavior puts both bicyclists and pedestrians at risk of serious
injury.
Pedestrian
According to SWITRS data, the 2018-2022 average pedestrian fatality and injury rate
has been 22 per year. San Antonio Road has average sidewalk facilities between Mackay
Drive and East Charleston Road. However, as San Antonio Road approaches Alma Street
and Highway 101, conditions become much more precarious, with use of a mixture of
unmarked crossings and substandard walkways necessary to cross.
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Parking
Existing Parking Programs
The City of Palo Alto implements several parking programs and initiatives within the
city for residents, employees, and visitors. This includes the Residential Preferred
Parking Program (RPP) which offers on-street permits to eligible residents and
employees living or working in the six RPP districts. Employees can also apply for off-
street parking permits serving garages and lots in the California Avenue and University
Avenue Business Districts. The City also regulates parking downtown through its
Downtown Color Zone Parking Program which enforces time limits within color zones.
Refer to Figure 11 to see how parking is managed in the Downtown Parking District.
The City staffs two valet attendants at the Alma/High Street garage in its Valet Assist
Program to encourage the use of city-owned parking garages and lots.
Figure 11 - Palo Alto’s Downtown Parking Assessment District
In recent years, the City introduced its Safe Parking Program which allows churches and
institutions to provide safe places to park and access amenities, serving as a form of
transitional housing for Palo Alto’s vehicle dwellers population.
These programs are mostly concentrated in the western half of the city. However, the
RPP and Safe Parking Program allow residents and institutions to petition for these
programs to operate within their neighborhoods. Currently, none of the City’s parking
programs and services cover the San Antonio Road Corridor.
KEY TO PARKING LOTS AND GARAGES
A Emerson/Lytton Lot
Ramona/University Garage
Ramona/Lytton Lot
Civic Center Garage
Emerson/Ramona Lot
Hamilton/Waverley Lot
Gilman/Bryant Lot
Florence/Lytton Lot
Gilman/Waverley Lot
Lytton/Waverley Lot
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Pay Toilet
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High/Alma North Garage
High/Alma South Garage
Emerson/High Lot
Cowper/Hamilton Lot
Lytton/Kipling Lot
Private Pay Garage
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30-Minute Parking Spaces
Train Station
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requirements are in effect 8 a.m.–
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30-minute parking spaces,white
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Existing Parking Conditions
Because the City of Palo Alto’s existing parking programs do not expand to the San
Antonio Road Corridor, street parking is unregulated within the project scope.
Figure 12 - Street frontage along San Antonio is for vehicle parking only.
Based on an initial site visit, on-street parking is the more common form of parking
along San Antonio Road as opposed to off-street parking. Beginning at the intersection
between East Charleston Road and San Antonio Road, the frontage there is completely
dedicated to 33 spaces of on-street parking as seen in Figure 12.
In terms of off-street parking, lots supply spaces for vehicles, especially in the northern
half of the San Antonio Road Corridor where there are many light industrial businesses.
An initial site visit found that some of the vehicles using these lots had to make use
of the limited space provided there. This could be attributed to San Antonio Road’s
function as a trucking road. Most of the light industrial businesses utilize their lot
space to create alleyways to support loading trucks.
There is a concentrated community of vehicle dwellers who park their RVs and cars
along the streets of the San Antonio Road Corridor as shown in Figure 13. Although this
is a small group of people occupying the area in parked spaces, it is important to note
that the redevelopment of the corridor will pose potentially extreme impacts to this
community.
Figure 13 - Parked RVs along Fabian Way.
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Parking Policies and Standards (City Documents)
The City of Palo Alto’s Comprehensive Plan and Municipal Code provides a framework
for how parking can be managed within the city. The following sections discuss the
City’s current parking policies and standards.
Palo Alto’s 2030 Comprehensive Plan
Addressed in the 2030 Comprehensive Plan, the City seeks to improve parking
conditions by managing the current supply and demand through a series of policies.
These policies align with the City’s overarching transportation objective of enhancing
the city’s walkability, promoting biking, encouraging ridesharing, and improving transit
usage. Below are several important parking policies that more strongly apply to the San
Antonio Road Corridor Concept Plan.
• Policy T-5.1: All new development projects should manage parking demand
generated by the project, without the use of on-street parking, consistent with the
established parking regulations. As demonstrated parking demand decreases over
time, and parking requirements for new construction should decrease.
• Policy T-5.12: To promote bicycle use, increase the number of safe, attractive, and
well-designed bicycle parking spaces available in the city, including spots for diverse
types of bicycles and associated equipment, including bicycle trailers, prioritizing
heavily traveled areas such as commercial and retail centers, employment districts,
recreational/cultural facilities, multi-modal transit facilities, and ride share stops for
bicycle parking infrastructure.
The programs defined under Policy T 5.1 explore the possibilities of amending the
City’s Municipal Code to update parking standards based on location conditions and
users’ needs. One program is geared towards reducing parking requirements for multi-
family housing to encourage the utilization of alternative transportation modes,
provided it does not adversely affect the neighborhood. Another program similarly
seeks to lower parking requirements for retail and restaurant establishments to
stimulate the establishment of new businesses and promote the adoption of alternative
transportation modes.
The programs included in Policy T-5.12 involve performing bicycle parking assessments
and installing secure e-bike lockers in transit stations and parking garages. In addition,
the City seeks to collaborate with employers, businesses, schools, and community
service providers to explore options for increasing bicycle parking availability.
Zoning Code
Parking requirements in the City of Palo Alto are defined in the City’s Municipal Code
and Zoning Ordinance. The standards and minimums are captured in Section 18.52.040.
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Parking minimums are designated and regulated based on all the land uses present in
Palo Alto. See an example of land uses provided in Table 2.
Uses Vehicle Spaces Required
Single Family Residential (Primary Unit)
In the OS district
In all other districts
Two Family Residential
R-2 and RMD districts
R-1 and RE districts (Section 18.42.180)
4 spaces, at least 1 covered
2 spaces, at least 1 covered
1.5 per unit, 1 space per unit covered
1 per unit
Multi-Family Residential 1 per micro-unit
1 per studio unit
1 per 1-bedroom unit
2 per 2-bedroom or larger unit, 1 space
per unit must be covered
General Business Services
Enclosed
Open Lot
1 per 250 sq. ft.
1 per 500 st. ft. of sales
Commercial Recreation 1 space per each 4-person capacity
Table 2 - Minimum Off-Street Parking Requirements
Airport
Palo Alto is centrally located between two major regional international airports, San
Francisco International Airport (SFO) and San Jose Mineta International Airport (SJC).
While the operation of SFO and SJC does not prompt development considerations for
the redevelopment of the San Antonio Road Corridor, the region’s two local airports,
Moffett Field and Palo Alto Airport (PAO), do.
The following sections discuss relevant information regarding the two regional airports
in relation to the redesign of the concept plan.
Palo Alto Airport
Depicted in Figure 14, the Palo Alto Airport (PAO) is located at the northwestern
edge of Santa Clara County and on the western shore of the southern portion of San
Francisco Bay. The Airport occupies 102 acres of land and serves as a reliever for
the three major Bay Area airports. Although the airport was previously operated by
the County of Santa Clara, it is now under the management of the City of Palo Alto,
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transferring PAO’s key
challenges such as noise
impacts and runway
conditions to city staff.
Development
Considerations
According to the Palo Alto
Airport Comprehensive
Land Use Plan (CLUP),
Runway 31 is the only flight
path that crosses through
the San Antonio Road
Corridor project. It only
flies over the northern corner of the site. Despite this, none of PAO’s 2022 Airport Noise
contours reach the San Antonio Road Corridor. PAO’s CLUP also discusses building
height limitations for surrounding areas. These height limitations do not impact any
development of the San Antonio Road Corridor. Lastly, the CLUP identifies six airport
safety zones that impose density and use limitations within the zones to minimize the
number of people exposed to potential aircraft accidents in the vicinity of the airport.
None of the safety zones reach the San Antonio Road Corridor.
Moffett Field
Seen in Figure 15, Moffett Federal Airfield
is a U.S. Government-owned airport
situated in the north-central area of Santa
Clara County, near San Francisco Bay,
neighboring Mountain View and Sunnyvale.
The airport covers 952 acres and is operated
by NASA Ames Research Center. It was a
former U.S. Naval Air Station and still has
a military presence, with the California Air
National Guard stationed there. The airport
hosts U.S. Coast Guard and NASA test
flights, along with government personnel
and air cargo operations. Civilian activities
at the airport are limited and expected to
remain so.
Figure 15 - Location map of the Moffett Federal Airfield.
Figure 14 - Location map of the Palo Alto Airport.
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Development Considerations
The Moffett Federal Airfield CLUP reveals that the airfield’s flight tracks do fly over
the northern corner of the project site. However, its noise contours do not reach the
project boundaries. The project site is also not included in any of Moffett Airfield’s
safety zones. The only design consideration imposed by the operation of this airfield is
a height restriction of 382 feet above sea level in the northern corner of the project site
and west of San Antonio Road.
Key Terms/Abbreviations
• Transportation Demand Management (TDM): strategies that improve transportation
system efficiency and reduce congestion by shifting trips from single-occupant
vehicles to collective forms of transport, including mass transit, carpools, and private
shuttles.
• Level of Service (LOS): Qualitative analysis of the flow of traffic.
• Vehicle Miles Traveled (VMT): Measure of the amount of travel for vehicles for an
area over a given period of time, typically one-year. It is calculated as the sum of the
number of miles traveled by each vehicle.
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Sources
Bike to work (& wherever) days. City of Palo Alto, CA. (2023, May 16). https://www.
cityofpaloalto.org/Events-Directory/Office-of-Transportation/Bike-to-Work-Day
Caltrain. (n.d.). Bikes on the train. Caltrain. https://www.caltrain.com/rider-
information/bicycles/bikes-train
The City of Palo Alto. (2012). Bicycle and Pedestrian Transportation Plan.
The City of Palo Alto. (2017). 2017 Traffic Safety and Operations Report.
The City of Palo Alto. (2023). Office of Transportation
Metropolitan Transportation Commission, (2016). Bay Area Shuttle Census
Santa Clara Valley Transit Authority, (2022). Open Data Ridership
Caltrain, (2019). Ridership by Station
Santa Clara Valley Transit Authority, (2023). SAN ANTONIO ROAD CORRIDOR
TRANSIT ASSESSMENT
Stanford. (2022, June 10). How to take your bike on Caltrain. Stanford Research Park.
https://stanfordresearchpark.com/articles/how-to-take-your-bike-on-caltrain
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Existing Conditions Report | Environment
Introduction
The environment chapter of the Existing Conditions Report addresses topics related
to water and water resources, biological resources, natural hazards, climate, and noise.
Although most of the project area is urban landscape, there are many environmental
considerations, such as climate change and hazardous materials, that must be
addressed. An evaluation of the environment will allow for more informed decisions on
future development and the potential mitigation measures needed.
Major Findings
• Water: The City of Palo Alto has sufficient and high-quality water resources to
support a growing population. They have developed plans and policies to implement
water conservation efforts and conserve their ample water supply, even in times of
emergency or drought.
• Urban Forest: The City of Palo Alto has an Urban Forest Management Plan which
includes all private and public trees, plants, and associated organisms in the Palo
Alto ecosystems. There are several urban tree canopy target areas where the city has
identified potential locations to plant more trees.
• Pollinator pathways: Palo Alto has multiple pollinator pathways, roads with native
plant habitat and food for pollinators, that serve as regional habitat connections
between city parks, the foothills preserve, the Palo Alto Baylands and associated
ecosystems outside of the city. San Antonio Road is not currently a pollinator
pathway despite its proximity to the Bayland Preserve.
• Hazardous materials: The San Antonio Road Corridor is one of two areas in Palo
Alto with a relatively high density of hazardous material sites. Most are considered
cleaned up, but there are three sites with land use restrictions, and five permitted
underground storage tank sites. Hazardous materials are at risk of mobilization with
sea level rise and associated groundwater table rise.
• Noise: Highway 101 is the major noise source for the San Antonio Road Corridor. The
60 dba noise contour extends as far south as Middlefield Road. This has implications
for noise sensitive land uses, such as residential and hotels as their acceptable noise
level exposure is less than 60 db.
• Climate Change: The San Antonio Road Corridor is highly prone to sea level rise. To
mitigate risks, Palo Alto aims to develop a multi-year Sea Level Rise Adaptation Plan
and assess vulnerabilities to protect vital infrastructure and property, given the sea
level’s accelerating rise and the outdated flood protection systems.
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Existing Conditions Report | Environment
Hydrology and Water Resources
This section outlines existing conditions regarding water resources and water
availability for the City of Palo Alto.
Regulatory Setting
Palo Alto Urban Water Management Plan
The City’s Urban Water Management Plan outlines the water demand, water supply
sources, reliability of sources, water conservation efforts, and water shortage plans. The
goal of the plan is to ensure the city’s water resources are being properly allocated and
accounted for past and future use.
Baylands Comprehensive Conservation Plan
The Baylands Comprehensive Conservation Plan addresses the future management of
the Baylands Nature Preserve. It addresses topics concerning conservation, recreation
and visitor use with the purpose of ensuring the protection of biological resources and
natural resources. The plan limits development in the Baylands.
One Water Plan
As part of the Sustainability and Climate Action Plan, the City has begun drafting the
One Water Plan to address water conservation, alternative water sources, uncertainties,
and future risks. The Plan will also develop criteria for assessing water supply and
conservation efforts. The Plan is set to be completed in early 2024.
Water bodies
Palo Alto is surrounded by land on most sides, but its northern boundary is adjacent to
the San Francisco Bay. The land and marshes that lay north of Highway 101 and south
of the San Francisco Bay are environmentally protected lands known as the Baylands
Nature Preserve. The city is also host to six creeks: San Franciscquito Creek, Matadero
Creek, Adobe Creek, Barron Creek, Arastradero Creek, and Stevens Creek. In the more
urbanized areas of the city, the creeks have been heavily engineered to serve primarily
as flood control channels.
The San Francisco Bay and Adobe Creek are the primary water bodies that interact
with the project site. As can be seen in Figure 1, Adobe Creek is the closest water body
to the project site. Adobe Creek used to run through the San Antonio Corridor project
site, but the channelization has moved the creek outside of the project boundaries. The
northern most area of the site touches the Saline Emergent wetland adjacent to the San
Francisco Bay.
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Water Supply
Palo Alto receives 100 percent of its potable water from the San Francisco Regional
Water System (SFRWS), which is managed by the San Francisco Public Utilities
Commission (SFPUC), through the Regional Water System. The water distributed by the
SFPUC mostly comes from the Sierra Nevada snowmelt distributed by the Hetch Hetchy
water distribution system. 15 percent of treated water used by SFPUC comes from its
local watersheds in Alameda and San Mateo County. 85 percent of this water comes
from the Tuolumne River Watershed alone and the rest from Alameda Creek watershed
and San Mateo County Watershed.
The Regional Water Quality Control Plant (RWQCP) is operated by the City and
produces recycled water for irrigation of golf courses, parks, and minor appliances.
These two water supplies, SFPUC and recycled water, made up 100 percent of the city’s
water supply in 2020. As can be seen in Table 1, the city’s water supply is estimated to
increase over the years due to SFPUC supply.
Water Quality
According to the 2022 Water Quality Report, the City’s water meets all the federal
and state drinking water quality standards. SFPUC treats all surface water before it is
delivered to cities. It is disinfected using ultraviolet light and chlorine, pH adjustment,
fluoridation, and chloramination. SFPUC regularly conducts testing to ensure the water
meets federal and state drinking water standards. The City has certified there is no lead
in the water system infrastructure and water sample tests have confirmed there is no
detectable lead in the water.
Table 1 - Current and Planned Water Supply (UWMP)
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Groundwater
The Urban Water Management Plan identifies the groundwater availability in Santa
Clara County and the City of Palo Alto. The county has a steady level of groundwater
available as potable water demand has been reduced. The city has five wells that were
continuously used from the mid 1950s to 1962 and operated again in 1988 to provide
supplemental water supply. The city has not used its groundwater since 1991, when it
was operational for about a month and a half during a severe cutback. The water quality
is less than desirable compared to the SFPUC’s water supply as it has a high amount of
dissolved solids and hardness.
As part of the Emergency Water Supply and Storage Project, the wells were
rehabilitated, and three new wells and a 2.5-million-gallon storage reservoir and
pump station were constructed a decade ago. The expansion allowed for up to 11,000
gpm (gallons per minute) of well capacity and three million gallons of storage. This
construction was to ensure sufficient water during an emergency water shortage or
drought conditions.
The San Antonio Road Corridor is not in the vicinity of the groundwater wells’ location.
The wells are located in the northern western part of the city.
Wastewater
The Regional Water Quality Control Plant serves as Palo Alto’s and the surrounding
cities’ wastewater treatment plant. Ten percent of the wastewater flow is from
industries, 30 percent from commercial businesses and institutions, and 60 percent
from residences. The plant has a capacity of 39 MGD (million gallons per day) during
average dry weather flow and 80 MGD for peak wet weather flow. The current average
flow is 17.24 MGD. The maximum design daily flow is 90,000 acre-foot per year
(AF/year) and the average design daily flow sits below half of the capacity at 44,000
AF/year. The plant has sufficient capacity for dry and wet weather flows as well as for
future projections. The wastewater that is not treated and recycled is discharged into
the San Francisco Bay.
Watersheds
The City of Palo has five watersheds within their city boundaries: San Francisquito
Creek Watershed, San Fransisco Bay Watershed, Matadero Creek Watershed, Barron
Creek Watershed, and Adobe Creek Watershed (see Figure 2). The San Antonio Road
Corridor project area lies in the Adobe Creek Watershed area and the Permanente Creek
Watershed which lies mostly in the City of Mountain View.
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The Adobe Creek watershed covers approximately eleven square miles of Santa Clara
County, most of which covers mountainous terrain. It consists of seven tributary creeks,
19 miles of natural creek bed, and 2.3 miles of engineered channels. The drainage area
above the Adobe Fork is undeveloped open space, but most of the area is developed
urban land. 46.5 percent of the area is residential, forest 36.3 percent, 11.8 percent is
industrial/commercial across multiple cities, including Palo Alto, Los Altos, Los Altos
Hills, and Mountain View. The watershed has no designated uses by the San Francisco
Bay Water Board, but it is an important natural resource for warm freshwater habitat
and water contact recreation. The watershed has no water quality impairments. Adobe
Creek meets Barron Creek west of Highway 101 and drains into the Palo Alto Flood
Basin and South San Francisco Bay.
The Barron Creek watershed covers an area of 15.5 square miles, three of which are
areas of urban development. Barron Creek is five miles long, flowing through the Town
of Los Altos Hills and parts of residential, commercial, and industrial areas of the
City of Palo Alto. The creek joins Adobe Creek and brains into the Lower South San
Francisco Bay. About 50 percent of the Creek has been channelized for flood control
purposes. The watershed is essential for fish migration and cold freshwater habitat.
Barron Creek is located just south of the project boundary area.
Biological Resources
Regulatory setting
Baylands Comprehensive Conservation Plan
See Hydrology and Water Resources
Palo Alto Comprehensive Plan
The Palo Alto 2030 Comprehensive Plan Natural Environment element contains goals,
policies, and programs related to protecting, preserving, and prioritizing the natural
environment within Palo Alto. Key natural environment goals include protection and
conservation of open space, urban forest and understory, creeks and riparian areas.
Goal N-1: Protect, conserve and enhance Palo Alto’s citywide system of open space,
including connected and accessible natural and urban habitats, ecosystems and natural
resources, providing a source of public health, natural beauty and enjoyment for Palo
Alto residents.
Goal N-2: A thriving urban forest that provides public health, ecological, economic, and
aesthetic benefits for Palo Alto.
Goal N-3: Conservation of both natural and channelized creeks and riparian areas as
open space amenities, natural habitat areas and elements of community design.
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Urban Forest Master Plan
The Palo Alto Urban Forest Master Plan was adopted in 2015 and updated in 2019
containing goals, policies, and programs related to increasing the urban tree canopy.
The plan focuses on public and private trees and the overlapping goals of city staff and
property owners regarding the urban forest.
Land Cover
The project area is defined as an Urban Forest as its vegetation and habitat type in the
Natural Environment Element of the Palo Alto Comprehensive Plan. More than one-
third of Palo Alto is natural open spaces which include the Palo Alto Baylands and the
Foothills Nature Preserve. The Palo Alto Baylands are adjacent to the northern end of
the project boundary and are made up of salt marsh, non-native grassland, riparian, and
lagoon habitats.
A series of pollinator pathways exist using roads, parks, community gardens, and creeks
to connect the two nature preserves. Pollinator pathways are corridors where habitat
and food sources have been planted between the sidewalk and road for bees, butterflies,
and birds. One of the identified pollinator pathways cuts through the project site along
Middlefield Road (see Figure 3).
Wildlife and Plants
The Palo Alto Baylands is a habitat for a diverse selection of plants and animals.
The Palo Alto Comprehensive Plan notes special status wildlife and plant species in
the Bayland Preserve which are the western burrowing owl, California seablite, and
northern coastal salt marsh. Additional special status species listed by the California
Natural Diversity Database include the Ridgway’s rail (bird) and salt marsh harvest
mouse which are both listed as federally endangered. California Department of Fish and
Wildlife (CDFW) lists the salt marsh common yellowthroat as a special status species.
The U.S. Fish and Wildlife Service has determined that the western snowy plover, which
is a federally threatened species, has a critical habitat near the Palo Alto Baylands.
There are a variety of threats to special status wildlife and plant species. The U.S.
Department of Agriculture predator control services has identified feral cats and other
target species that are a threat to Ridgway’s rail and the burrowing owl, both species
located in the Baylands Preserve. The target species include feral and free-ranging
cats and dogs, raccoons, striped skunks, and red foxes. There are additional feral cat
management and control recommendations in the Palo Alto Baylands Byxbee Park
Master Plan to protect the burrowing owl and their habitat. Feral cats will be trapped
and taken to Palo Alto Animal Services and feeding stations will be removed as they are
identified.
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Figure 3 - Natural systems map
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Urban Forest
The Urban Forest Master Plan defines the urban forest as the trees, plants, and related
organisms in the shared ecosystem in Palo Alto. The Urban Forest planning boundary
includes all of Palo Alto between Highways 101 and 280 and the Municipal Golf Course.
The airport, Baylands, Arastradero Preserve, and Foothills Park are excluded from the
plan. The plan seeks to address the challenge of redeveloping more intense land uses
that lead to the loss of planting sites. The plan aims to create policies and procedures
that make development projects opportunities to increase the urban tree canopy. A
portion of the project site from Middlefield Road to Highway 101 is included in one
of the Comprehensive Plan Urban Canopy Target Areas (see Figure 3). Urban tree
canopy has many benefits including building energy use reduction, carbon dioxide
sequestration, air quality, stormwater runoff reductions, and aesthetics and property
value. Trees also provide critical habitat for pollinators, seed distributors, and other
species critical to surrounding ecosystems. The urban forest is more successful with
companion vegetation that contributes to tree health and ecosystem function.
The protected tree species in Palo Alto are the Big Leaf Maple, California Incense
Cedar, Coast Live Oak, Blue Oak, California Black Oak, Valley Oak, and Coast Redwood.
The trees must be 11.5 inches or more in diameter at breast height (DBH) with the
exception of the Coast Redwood which must be 18 inches or more DBH. Additionally,
all public trees and all mature trees greater than fifteen inches DBH are protected
excluding invasive species and high water use trees. Designated trees can be protected
during development project review and approval, due to identification for carbon
sequestration or environmental mitigation purposes, or as a replacement mitigation
tree. Heritage trees are individual trees protected of various sizes, species, or historical
significance determined by the city council or nominated by property owners. Title 8 of
the Palo Alto Municipal Code considers trees under or near power lines regulated trees
and may be protected regardless of ownership. Palo Alto has a Line Clearing Program to
maintain vegetation clearance from utilities per the State of California Public Utilities
Commission (CPUC) rules.
Hazards
Regulatory Settings
Federal Emergency Management Agency (FEMA)
Minimum federal standards for floodplain management in the United States are
maintained by FEMA. FEMA managed floodplains are lowland and flat areas adjacent to
coastal and inland waters that are subject to flooding in any given year.
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Seismic Hazards Mapping Act
The Seismic Hazard Mapping Act is a California state regulation that requires seismic
hazard zones to be mapped by the State Geologist. Cities are required to regulate
development projects within the zones mapped by the state.
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act is a California state regulation the
restricts development on or close to active faults. Human occupied structures are
prohibited from being built on active fault traces.
California Building Code
The California Code of Regulations (CCR), Title 24, Part 2, is the California Building
Code. The California Buildings Standards Commission is responsible for the building
standards in the California Building Code including earthquake conditions.
Code of Federal Regulations (CFR)
US Environmental Protection Agency (EPA) hazardous waste regulations are in Title
40, Code of Federal Regulations, (40 CFR), Parts 260-279. These regulations are
implemented by the Resource Conservation and Recovery Act (RCRA).
California Code of Regulations (CCR)
The California hazardous waste laws are found in the California Code of Regulations
(CCR), division 4.5, title 22. These laws are in the California Health and Safety Code and
the individual generating waste is responsible for identifying whether it meets the CCR
criteria for hazardous waste.
City of Palo Alto Comprehensive Plan
The Palo Alto 2030 Comprehensive Plan safety element contains goals, policies, and
programs related to protecting communities, ecosystems, and property from natural
and human caused hazards. The safety element includes mitigation, monitoring, public
education, and response for hazards that impact the community.
Seismic and Geologic Hazards
The San Francisco Bay Area has many active fault zones. Palo Alto is near the San
Andreas Fault Zone and the San Gregorio Fault Zone in the Santa Cruz Mountains.
Across the San Francisco Bay is the Calaveras Fault Zone and Hayward Fault Zone. All
these fault zones could potentially impact the City of Palo Alto and the project site.
The Santa Clara County Operational Area Hazard Mitigation Plan models 100-year and
500-year probabilistic earthquake scenario peak ground acceleration. The project site
ranges from strong (VI) to very strong (VII) on the modified Mercalli Scale for potential
shaking. Earthquakes are listed in the top three natural hazards prioritized by the city
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in the Threat and Hazards Identification and Risk Assessment. The risk associated with
earthquakes is primarily fault rupture and seismic shaking and secondarily liquefaction
and earthquake induced landslides. The project area is at risk of building damage
due to earthquakes. Earthquake induced landslides are not a risk to the project area
as it is in a low-lying area of Palo Alto. However, the Palo Alto Foothills are the area
that is susceptible to landslides in the event of an earthquake. Liquefaction affects
development due to the soil becoming water-logged and losing strength after seismic
events. The rising groundwater table due to sea level rise may exacerbate liquefaction
in the project area. Liquefaction is a moderate risk throughout most of the project site
and a very high-risk risk east of Highway 101 (see Figure 4).
Wildfire
Wildfire risk is becoming more widespread in California due to population increases,
drought conditions, and fire suppression efforts. The Wildland Urban Interface (WUI) is
the location where development meets highly vegetated areas and is prone to wildfire.
Fire potential is influenced by fuel, topography, weather, and wind. The increased
slope increases the intensity and spread rate of wildfires along with fuel sources and
arrangement. Fuel sources include vegetation, man-made structures, and combustibles.
The potential of fuel igniting and fire spreading is exacerbated by high temperature,
low relative humidity, and high wind.
There is no recorded history of wildfires in the City of Palo Alto. Historical fires in the
area include Portola Valley LEIB in 1962 in San Mateo County and Stevens in 2007 in
Santa Clara County. The risk area is the Santa Cruz Mountain Range to the west of
the city. The Palo Alto Foothills are adjacent to the Santa Cruz Mountains which are
in a high and very high fire severity zone. Much of this high-risk area is the Palo Alto
Foothills Preserve and has minimal urban development. Most of the urban area of Palo
Alto is in a low wildfire severity zone including the project site. Wildfire resources
are available to the city through the Palo Alto Fire Department and Santa Clara
County’s Office of Emergency Management for wildfire updates, evacuation and shelter
information and resources, and air quality monitoring.
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Figure 4 - Map of liquefaction risk
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Figure 5 - 100-year flood zone map
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Floods
The San Antonio Road Corridor project area is next to the Palo Alto Baylands and
Adobe Creek. During periods of heavy rainfall, areas near creaks and the Bay may flood.
Properties in flood zones are at risk of damage in the event of flooding. The Federal
Emergency Management Agency (FEMA) flood maps define the flood risk. Impervious
surfaces in urban areas increase flood potential within the site and downstream.
The project site is identified within the 100-year flood zone as Zone AE (base flood
elevations determined) north of East Charleston Road (see Figure 5).
Following a significant flood event in December 1955, the City made several changes in
partnership with Santa Clara Valley Water District (Valley Water), to manage flood risk
and prevent property damage in the low-lying areas of Palo Alto near Adobe Creek and
the Baylands. In 1956, the City constructed 2.3 miles of engineered trapezoidal concrete
drainage channel, rerouting Adobe Creek slightly north, from El Camino Real to US 101.
Adobe Creek combines with Barron Creek and empties into the Palo Alto Flood Basin
(PAFB) north of US 101. The flood basin was created in 1956 with tide gate construction
following in 1957 creating control over the water level in the Baylands and preventing
tidal flooding in extreme high tide events. The water level in the 618-acre flood basin
is maintained at approximately two feet below sea level to allow room to absorb flood
water. The tide gate reduces the saltwater flow to the PAFB. Valley Water is working on
the Palo Alto Flood Basin Tide Gate Structure Replacement Project to address issues
with the tide gate’s service life, seismic stability, future sea level rise, and increased
flood protection due to changing climate.
Hazardous Materials
Hazardous materials include liquids, solids, and contained gases that are the by-
products of manufacturing processes, discarded household materials, and discarded
commercial products. Areas within one mile of railroads or major highways are
considered at risk from hazardous material release. Hazardous waste is subject to
either the Resource Conservation and Recovery Act in Title 40, Code of Federal
Regulations (40 CFR) or California Health and Safety Code (HSC) and California Code of
Regulations, Title 22 section 66261.3 (22 CCR).
The industrial area by Highway 101 in South Palo Alto is part of the project site and
is considered one of two major areas of hazardous materials in the City of Palo Alto.
Commercial and Industrial land uses on and around the site have hazardous materials
organized in the Comprehensive Plan by California State Water Resources Control
Board (SWRCB) geotracker sites, Department of Toxic Substances (DTSC) cleanup
program sites, and hazardous waste generators. From the SWRCB geotracker, there are
18 Leaking Underground Storage Tank (LUST) locations within the project area that all
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have a “completed-case closed” status. The project area has an additional 14 SWRCB
cleanup program sites with varying statuses, five of which are “completed-case closed,”
three “open-remediation,” three “open-inactive,” two “open-verification monitoring,”
and one “open-site assessment.”
There are five DTSC cleanup sites. and five locations with Permitted Underground
Storage Tanks Systems (UST) with 17 total open USTs storing petroleum or other
hazardous substances.
Historically, there was a landfill at Shoreline Park in Mountain View located north of
the project area along the San Francisco Bay. The site is currently a 750-acre wildlife
refuge and recreation area. The landfill is no longer in use but is an open Tittle 27
Municipal Solid Waste Landfill hazardous material site. It is still monitored and
maintained by the city to respond to the landfill gas and leachate that decomposing
materials produce. The City of Mountain View collects the gas through underground
pipes and incinerates it to reduce emissions. The leachate is collected and pumped into
the sanitary sewer.
Sea Level Rise is causing the groundwater table in Palo Alto to rise. When the
groundwater table is within six feet of the surface it is considered a high shallow
groundwater table and is at high risk for mobilization of contaminates. With 36 inches
of projected sea level rise, the Palo Alto landfill and two other hazardous material
sites are at high risk of mobilization of contaminates. There are additional hazardous
material sites, including six within the project boundary that become high risk sites
with the high range, end of the century, 84-inch sea level rise projection.
Emergency and Evacuation
The city of Palo Alto is vulnerable to many natural and human hazards including
earthquakes, fires, floods, and hazardous waste. The Palo Alto Emergency Operations
plan outlines the preparedness, response, recovery, and mitigation efforts that the city
undertakes in the event of hazards. The Office of Emergency Services (OES) is defined
as a public safety department and the Emergency Services Chief is responsible for
directing response and recovery activities.
Palo Alto is a part of the Santa Clara County Multi-Jurisdictional Hazard Mitigation
Plan (MJHMP). This plan aims to build partnerships between communities in Santa
Clara County to create solutions to shared hazard risks. Hazard mitigation plans are
critical in reducing disaster damage and costs by identifying, assessing, and reducing
the risks of hazards. Many natural hazards, including flooding, earthquakes, and
wildfires, will affect areas larger than Palo Alto, so multi-jurisdictional planning
coordinates efforts to better address common hazards.
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The Americans with Disabilities Act (ADA) Title II requires compliance in emergency
management and disaster programs. There are specifications for sheltering, public
notifications, and transportation. The Stafford Disaster Relief and Emergency
Assistance Act requires additional planning to ensure equal access and coverage
for people with disabilities. Palo Alto meets the needs of people with disabilities
through the following efforts: notification and warning procedures, evacuation,
transportation and sheltering considerations, accommodations for service animals,
and accessibility to information. Additionally, Palo Alto serves individuals with “access
and functional needs” that may not be directly related to a disability. These people may
need additional support with maintaining independence, effective communication,
transportation, supervision, or medical care.
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Figure 8 - Map of hazardous material sites with land use restrictions
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Climate
This section will cover the existing climate conditions of the City of Palo Alto and will
discuss the various methods in place to address the rising concerns of climate change.
Regulatory Settings
2022 Sustainability and Climate Action Plan
The 2022 Sustainability and Climate Action Plan along with the Palo Alto 2020
Comprehensive Plan, provide key statewide legislation aimed at reducing greenhouse
gas (GHG) emissions and addressing climate impacts. The State of California has been
a leader in developing and implementing policies and regulations to directly address
sector specific issues.
Palo Alto 2030 Comprehensive Plan
The Palo Alto 2030 Comprehensive Plan outlines goals, policies, and programs in place
that address environmental risks such as air pollution and climate change.
California Global Solutions Act
Senate Bill 32 (SB 32), California Global Solutions Act of 2006, 2016 Senate Bill (SB) 32
expands upon the Global Warming Solutions Act of 2006, requiring the California Air
Resources Board (CARB) to ensure that statewide GHG emissions are reduced to 40%
below 1990 levels by 2030 and 80% below 1990 levels by 2050.
Clean Energy and Pollution Reduction Act
In October of 2015, Senate Bill 350 (SB 350) was signed into law, establishing new clean
energy, clean air and greenhouse gas reduction goals for 2030 and beyond.
Bay Area Air Quality Management District CEQA Guidelines
The Bay Area Air Quality Management District (BAAQMD) encourages local
governments to adopt a GHG Reduction Strategy that is consistent with AB 32 goals.
The GHG Reduction Strategy may streamline environmental review of community
development projects.
Climate Change
Climate change is important to plan for because of its present and long-lasting impacts
on cities and communities. One reason for this is the increase of Greenhouse Gases
(GHGs) in the atmosphere, causing the planet to warm. In recent years, GHG emissions
have been on the rise due to an increase in industry and transportation-related
emissions. To address these issues, cities can create goals and policies to reduce and
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mitigate human-made emissions. Palo Alto’s 2022 Sustainability and Climate Action
Plan identifies current climate change impacts that are of concern while outlining the
manner in which they plan to address them. Some of the effects already seen are sea
level rise, the increase of wildfires, changes in weather, and drastic water shortages.
In addition, there are community and financial impacts. Several studies conclude
on the disproportionate impact on vulnerable communities. When it comes to
environmental impacts, they tend to experience the changes first and more intensely.
Communities with socioeconomic inequities struggle more to prepare for and recover
from environmental disasters. Similarly, with climate-related disasters becoming
more frequent, costs for disaster response and relief will increase substantially.
These disasters are prone to affect buildings, water infrastructure, transportation
infrastructure adding to the rising costs.
To prepare for the impacts of climate change, Palo Alto allocates resources and funds
toward climate-protecting strategies as stated in the Climate Action Plan. The goal is
not to react to climate-lead effects, but instead, to create a more resilient future that
has the ability to adapt to projected climate changes.
Sea Level Rise
One significant aspect of climate adaptation in Palo Alto is addressing the challenge
of sea level rise. The State of California projects that rising sea levels resulting
from greenhouse gas emissions and climate change pose substantial economic,
environmental, and social risks to communities along the San Francisco Bay Shoreline,
including Palo Alto. Many essential city services and infrastructure in Palo Alto are
situated in areas that are projected to be inundated if adaptation measures are not put
in place. Part of the San Antonio Road Corridor is projected to be vulnerable to a 24-
inch to a 55-inch rise in sea level, as seen in Figure 9.
A key goal outlined in the 2022 Sustainability and Climate Action Plan is the
development and adoption of a multi-year Sea Level Rise Adaptation Plan,
incorporating a Sea Level Rise Vulnerability Assessment. This assessment identifies
risks to the Palo Alto Baylands, C]city infrastructure, and properties from high tide,
100-year coastal storm events, and rising shallow groundwater. The Sea Level Rise
Adaptation Plan works to preserve and expand habitat and protect city and community
assets and private property.
The Sea Level Rise Adaption Plan Draft states the sea level in the San Francisco Bay area
has increased by 8 inches since the 1850s and this number is currently accelerating. The
San Francisquito Creek Downstream Project completed in 2019, widened sections of the
creek channel and built new larger engineered levees along the creek to accommodate
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a 100-year storm tide and three feet of sea level rise. Palo Alto’s existing coastal
flood protection relies on a levee network that extends along the shoreline from San
Francisquito Creek in the north to approximately San Antonio Road in Mountain View
to the south. The city’s creeks (San Francisquito, Barron, Adobe, and Matadero Creek)
are altered and include channelized sections and riverine levees to reduce flood risk to
developed areas. However, they no longer meet FEMA accreditation standards for flood
protection from a 100-year coastal or riverine flood event. Due to this, several portions
of the city, including the project site, are at risk of flooding.
Greenhouse Gas (GHG) Emissions
The City of Palo Alto’s Sustainability and Climate Action Plan has an established goal
to achieve carbon neutrality by 2030. This shall be achieved by reducing greenhouse
gas emissions (GHG). Overall, addressing GHG emissions is crucial for cities, given that
they account for 75 percent of global energy-related carbon dioxide emissions, with
transportation and buildings being major contributors. For cities to start mitigating
climate change, they must identify and quantify the sources of emissions, typically
achieved through a standardized GHG inventory.
The 2021 GHG inventory for Palo Alto, conducted by AECOM, adheres to the Global
Protocol for Community-Scale Greenhouse Gas Emissions (GPC) basic protocol
for a generation based GHG inventory. Generation-based GHG inventory assesses
a community’s emissions based on its energy consumption, encompassing direct
energy use, consumption via the electrical grid, and emissions from waste treatment/
decomposition. It is the industry-accepted methodology for quantifying community
GHG emissions, categorized by emission source.
In 2021, Palo Alto emitted approximately 359,312 metric tons of carbon dioxide
equivalent (CO2e) across various sectors. This represents a 53.9 percent reduction in
total community emissions compared to the 1990 baseline year, despite a 19.5 percent
increase in population. Emissions per resident decreased from 14 metric tons (MT)
CO2e in 1990 to 5.4 MT CO2e in 2021. The California Air Resources Board recommends
a target of six MT CO2e per capita by 2030 for local governments. The reduction in
emissions resulted from various factors, visualized in Figure 10. The most significant
contributions come from achieving carbon neutrality in the city’s electricity supply
(44.2 percent), declines in transportation emissions (28.6 percent), and reductions in
natural gas (methane) consumption (13.9 percent). In comparison to 2020, there was a
6.7 percent decrease in total community emissions.
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Figure 9 - Sea level rise map
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Figure 10 - 1990 vs 2021 emissions by sector
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Pollutants
In evaluating the impact of air pollution on the planning area, it is important to
consider the types of pollutants present and their respective severities. Two significant
pollutants outlined in IQAir, are particulate matter 10 (PM10) and particulate matter
(PM2.5). PM2.5 refers to fine particulate matter. These particles are often produced
from various sources, including combustion processes, industrial emissions, and
natural sources such as dust and pollen. PM2.5 can pose health risks by penetrating the
respiratory system, potentially causing respiratory and cardiovascular problems. PM10
denotes larger particulate matter and sources include construction activities, industrial
processes, and natural factors such as windblown dust and pollen. The inhalation of
PM10 particles impacts human health by causing respiratory issues.
Sources of these pollutants are diverse and are categorized as primary or secondary.
Among the primary sources, automobile emissions play a significant role, contributing
to the presence of PM10 and PM2.5 in the air. In terms of the project area, this is an
increased concern due to its proximity to Highway 101. This increases the risk of health
effects associated with exposure to these pollutants. Prolonged inhalation of these
fine particulates can lead to a range of health issues, including coughing, exacerbation
of pre-existing conditions like asthma, and an increased risk of lung-related diseases.
Thus, understanding the sources and severity of these pollutants is vital for proactive
planning and measures aimed at safeguarding the health and well-being of Palo Alto
residents.
The Bay Area faces challenges related to air quality and pollution, but Palo Alto’s
air quality is more favorable compared to the surrounding cities. According to AirIQ,
Palo Alto averaged an annual PM2.5 concentration of 6.5 micrograms per cubic meter
(μg/m3) in 2019 while neighboring cities such as Fremont reported 7.5 μg/m3 and
San Fransisco reported 7.1 μg/m3. However, this does not diminish the importance of
moving towards efforts to minimize the impact of air pollutants in the community.
There are ongoing initiatives and efforts in place to improve air quality, such as
reducing automobile emissions and addressing other primary sources of air polluation.
Temperature
According to the 2022 Sustainability and Climate Action Plan, the Palo Alto region has
experienced a 1.7-degree Fahrenheit temperature increase from 1950 to 2005. These
rising temperatures are expected to lead to more prolonged and severe droughts in
California, posing significant challenges for government operations, water resources,
ecosystems, agriculture, and recreational activities.
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In 2022, the IPCC (Intergovernmental Panel on Climate Change) released its Sixth
Assessment Report, emphasizing the need to limit global temperature rise to 1.5
degrees Celsius (2.7 degrees Fahrenheit) to prevent significant climate-related
impacts. The Paris Agreement shares this goal, aiming to stay below a 2 degrees Celsius
(3.6 degrees Fahrenheit) temperature increase above pre-industrial levels. Global
temperatures have already increased by 1.1 degrees Celsius. This means the future
impacts such as sea-level rise, higher temperatures, and increased fire risk are prone
to occur. Therefore, Palo Alto recognizes the importance of building resilience to these
changes while actively working to mitigate climate effects.
Air Quality
Current air quality levels in Palo Alto are dependent on a combination of factors,
including daily emissions, weather, and geography. The San Antonio Road Corridor is
an area of concern for air quality due to it being a large industrial area. Large industries
tend to emit more pollutants, leading to an increase in hazardous air quality conditions.
In addition, this corridor is a strong arterial road for heavy traffic such as trucks. Palo
Alto has created the following programs outlined in the Palo Alto 2030 Comprehensive
Plan to help address these issues:
• Program N5.1.2 Implement Bay Area Air Quality Management District (BAAQMD)
recommended standards for the design of buildings near heavily traveled roads, in
order to minimize exposure to auto-related emissions (123).
• Program N5.1.3 Explore adopting new standards that target the reduction of very
fine particulate matter (PM2.5), which is associated with increased impacts on health
(123).
Increases in allergen and air pollutants resulting from changing environmental
conditions could lead to hazardous conditions, such as heat stroke and respiratory
ailments for sensitive groups (State of California Natural Resources Agency 2009).
Noise
This section will cover the existing noise conditions of the project site and its
surroundings and relevant state and local regulatory requirements.
Regulatory Setting
Noise Element
California law requires that all General Plans include a Noise Element addressing noise-
related impacts on the community and policies to regulate it. Goal N-6 of the General
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Plan outlines policies related to minimizing noise and planning for land uses with
consideration for noise levels. Additionally, the goal summarizes policies related to
construction, airport, and rail noise.
Noise Ordinance
The Palo Alto Noise Ordinance outlines allowable noise levels for residential and
commercial properties based on the ambient noise level. It also limits hours of
construction. Residential noise levels are limited to six decibels above the local ambient
and commercial and industrial properties are limited to eight decibels above the local
ambient.
Noise Background
In a city, noise levels affect land use decisions. Noise is defined as unwanted sounds
considered loud or disruptive. Noise is an important environmental consideration as
it can be hazardous to quality of life, health and safety. Long-term exposure to noise
can cause hearing loss and sleep pattern disturbances. In a city, noise levels affect land
use decisions with the major noise sources typically being related to motor vehicles,
airports, and construction.
Community noise encompasses all the noise levels within a given environment and
generally refers to ambient noise. It is usually measured using the Day-Night Average
Level (Ldn). Ldn is a calculation of an area’s noise levels over a 24-hour period with
special calculations overnight on account of human perceptions of noise. Thus, sounds
at night are recorded at a higher noise level. Noise levels are measured in decibels.
Noise Sources
In the city of Palo Alto, the major noise sources are traffic, trains, airports, construction,
and yard maintenance. The most predominant noise course is traffic noise from
vehicles along the roadways.
Vehicular Noise
The highest noise levels occur along high traffic volume roadways, including freeways,
service roads, and arterials. To aid the understanding of the major noise courses of
the city, a noise contour map is made available in the Comprehensive Plan. As can be
seen in Figure 11, the noise coming from Highway 101 bleeds into the project area at
70 decibles adjusted (dBA), 65 dBA, and 60 dBA. In the San Antonio Road Corridor,
the high traffic roadways are Highway 101, San Antonio Road, Alama Street, and the
railroad. Highway 101 produces the most vehicular noise followed by San Antonio Road.
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San Antonio Road functions as a service road which means there is a high volume of
cars and trucks that pass through. Future noise contour projections predict the noise
level will continue to increase affecting a larger area of the city and project area.
Airport
The project area is close to two airports: the Palo Alto Airport, a general aviation
airport, and Moffett Field Airport, a civil-military airport in the City of Mountain View.
Both airports are at a safe distance to not have to be considered a major source of noise
for the plan area, according to airport noise contour maps.
Noise Sensitive Areas
The City’s Comprehsenive Plan includes considerations for land use designations
according to noise sensitivity levels. Land uses considered to be “sensitive receptors”
include homes, schools, medical clinics, senior and childcare facilities, public open
spaces, and conservation areas. The outdoor noise levels in residential areas should
not exceed 60 DB, except when the city determines that it is not economically or
aesthetically feasible. Table 2 outlines the acceptable noise levels for various land uses.
Table 2 - Noise sensitive land uses
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Figure 11 - Noise contour map of the City of Palo Alto
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Key Terms
• 100-year flood: a flood that has a 1 percent or greater of happening in any given year
• AF (acre-foot)/Year: annual quantity of water measured in acre-feet over a year. An
acre-foot refers to the amount of water needed to cover an acre of land about 1 foot
deep.
• Decibel: unit of measure for the intensity of sound
• GHG (greenhouse gas): gases in the earth’s atmosphere that trap heat causing an
increase in average surface temperature. The major source is the burning of fossil
fuels- coal, natural gas, and petroleum.
• GPM (gallons per minute): measure of the volume of water flow a water pump can
move, in gallons per minute
• Human hazards: (anthropogenic) result of human intent or error such as pollution,
toxic wastes, dam failures
• Liquefaction: when loosely packed, water-logged sediments on the ground surface
lose their strength causing soils to tilt and sink damaging buildings and roads
• Primary pollutants: air pollutants emitted directly from a source, such as those
coming from cars, power plants, wildfires.
• Secondary pollutants: air pollutants formed in the atmosphere as a result of a
reaction between primary pollutants and molecules in the atmosphere.
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Sources
California Water Boards. (n.d.). GeoTracker. https://geotracker.waterboards.ca.gov/
City of Palo Alto. (2017). Baylands Conservation and Development Plan: Existing
Conditions Report. [PDF]. https://www.cityofpaloalto.org/files/assets/
public/v/1/community-services/parks-and-open-space/baylands/bccp_
existingconditions_20171213_r.pdf
City of Palo Alto. (n.d.). Local Hazard Mitigation Plan. https://www.cityofpaloalto.
org/Departments/Emergency-Services/Plans-and-Information/Local-Hazard-
Mitigation-Plan
City of Palo Alto. (n.d.). Protected Trees. https://www.cityofpaloalto.org/Departments/
Public-Works/Public-Services/Palo-Altos-Urban-Forest/Development-Process/
Protected-Trees
City of Palo Alto. (2022). Palo Alto Sea Level Rise Vulnerability Assessment, June 2022.
[PDF]. https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/
environmental-compliance/sea-level-rise/palo-alto-sea-level-rise-vulnerability-
assessment-june-2022-062822-linked-final.pdf
City of Mountain View. (n.d.). Shoreline at Mountain View. https://www.mountainview.
gov/our-city/departments/community-services/shoreline-at-mountain-
view?locale=enCity of Palo Alto. (2020). Urban Water Management Plan 2020.
https://www.cityofpaloalto.org/files/assets/public/v/1/utilities/uwmp/2020-
uwmp_final-submission-to-dwr.pdf
City of Palo Alto. (2019). Urban Forest Management Plan: After Adoption. [PDF].
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/tree-section/
ufmp/urban-forest-mp-after-adoption-reduced-2-25-19-complete.pdf
Santa Clara County Emergency Management. (n.d.). Local Hazard Mitigation Plan
Volume 1. [PDF]. https://emergencymanagement.sccgov.org/sites/g/files/
exjcpb261/files/For%20Partners/Local-Hazard-Mitigation-Plan-LHMP-Vol-1.pdf
Santa Clara Valley Urban Runoff Pollution Prevention Program. (n.d.). Barron
Watershed. https://scvurppp.org/watersheds/santa-clara-basin-watersheds/
barron-watershed/
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Santa Clara Valley Water District. (n.d.). Palo Alto Flood Basin Tide Gate Structure
Replacement Project. https://www.valleywater.org/project-updates/palo-alto-
flood-basin-tide-gate-structure-replacement-project
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Urban Design
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Introduction
This Existing Conditions Report divides the Urban Design of San Antonio Road into
city structure, corridor structure, streetscape, urban form, and walkability. Palo Alto’s
city structure consists of neighborhoods and districts. There are thirty-six residential
neighborhoods within the city, regional and multi-neighborhood commercial centers,
and multiple employment districts (with the San Antonio Road Corridor being one
of them). The corridor structure has been dissected into community context, nodes,
and gateways. Community context involves residential, commercial, and business/
industrial contexts. Nodes include regional, sub-regional, and neighborhood nodes.
The corridor contains two gateways, one of which is a designated entrance into the city.
The streetscape section details urban greenery, pedestrian experience, and wayfinding
accessibility. Urban form discusses land usage and zoning, specifying the corridors
gateways and existing typologies. Walkability involves the physical form of the corridor
and amenities provided to pedestrians to improve the corridor experience
Major Findings
• City Structure: Palo Alto’s Urban Design Element is organized into residential
neighborhoods, commercial centers, and distinct employment districts. Palo Alto
is comprised of 35 distinct neighborhoods, with an emphasis on single-family and
multi-family residential land use classifications. The majority of neighborhoods in
Palo Alto can be broadly categorized into traditional and modern. These architectural
and development characteristics distinguish neighborhoods in terms of street layout,
aesthetics, and privacy.
• Corridor Structure: The corridor structure consists of contexts, nodes, and
gateways. There are residential, commercial, and business/industrial contexts.
Corridor nodes include of regional, sub-regional, and neighborhood categories.
Gateways are located at the north and south ends of the corridor adjacent to onramps
from Highway 101 and the Expressway.
• Urban Form: San Antonio Road is identified as a gateway to the city. The project site
includes single- and multi-family residential, light industrial, mixed-use, office park,
and service commercial land uses. The corridor is divided into four distinct zoning
districts with associated development standards. The project site features a range of
building typologies, with existing structures varying from one to five stories. Lower-
density residential and smaller businesses typically have fewer stories, while high-
density residential and industrial properties tend to have more stories.
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• Streetscape: San Antonio Road’s appearance is utilitarian in nature, but pockets of
architectural interest add character to the site. The project area is primarily oriented
toward office and industrial uses resulting in prevelant on-street parking and vehicle
oriented spaces. Many of the buildings have a degree of landscaping linking them
to the street. While the sidewalk is well-maintained along the main corridor, small
arterial streets have less consistent sidewalks. The street tree network is robust with
greenery and landscaping throughout. The corridor maintains effective wayfinding
making the area easily-navigable. There are various visible and exposed utility boxes.
Several vacant buildings and larger, empty parking lots occupy the streetscape,
detracting from a pedestrian-oriented vibrant feel.
• Walkability: The San Antonio Road Corridor lacks consistent walkability, with
limited and often poorly maintained sidewalks that primarily cater to vehicles,
placing pedestrians between parked and driving vehicles. Pedestrian amenities are
scarce, including minimal urban furniture, limited public transit access, and a low
number of crosswalks, especially considering the length of the corridor. Despite
nearby essential businesses, the site lacks the comprehensive amenities necessary
for a pedestrian-friendly environment.
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City Structure
Neighborhoods & Districts
The Land Use and Community Design Element of Palo Alto’s Comprehensive Plan
delineates urban form into three land use categories: residential neighborhoods,
commercial centers, and employment districts.
Residential Neighborhoods
Figure 1 - Residential Neighborhoods
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Palo Alto consists of many unique neighborhoods that have expanded as the
community has grown. According to a map published by PaloAltoOnline, there are a
total of 36 distinct neighborhoods, primarily characterized by single-family and multi-
family residential land use classifications. San Antonio Road occupies the eastern
perimeter of Palo Alto and is in close proximity to several residential neighborhoods.
Figure 1 detailing these neighborhoods and their proximities to the site is provided for
reference above.
Commercial Centers
The city has both regional and multi-neighborhood commercial centers that
serve as hubs for retail, office, and residential activities. Examples include the
Stanford Shopping Center and University Ave./ Downtown Palo Alto. The Palo Alto
Comprehensive Plan identifies downtown as a key player in fostering a sense of
community and promoting the
cultural identity of the city. With
an emphasis on pedestrian and
transit accessibility, streetscape
elements such as trees, benches,
outdoor seating areas, sidewalks,
and plazas comprise Downtown’s
urban design. Notably, Stanford
Shopping Center has also
undergone a transformation
in recent years, shifting from a
vehicle-oriented retail center to a
more walkable, pedestrian-friendly
environment.
Employment Districts
The city also features distinct employment districts, including Stanford Research Park,
Stanford Medical Center, East Bayshore and San Antonio Road Corridor. These Districts
are characterized by large one- to four-story buildings, mainly serving industrial and
office uses. Access is primarily by automobile or employer-supported transit, with
multi-family residential located near these employment uses.
Figure 2 - Commercial Center
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Neighborhood Characteristics
Although there exists some variation in the characteristics of these neighborhoods in
Palo Alto, the majority exhibit a relatively uniform appearance and structural layout.
These neighborhoods can be broadly categorized into two main types based on their
architectural and development characteristics: traditional (dating back to pre-1940s)
and modern. Traditional neighborhoods, primarily located on the west side of the city,
adhere to classic development patterns, featuring narrow streets, curbside parking,
and street trees between the sidewalk and curb. In contrast, modern neighborhoods,
heavily influenced by Modernist design principles, feature houses with austere facades
and a focus on private backyard areas. These neighborhoods are distinguished by their
winding streets and cul-de-sacs, fostering a heightened sense of privacy. The presence
of flattened curbs directly abutting the sidewalk, without a planting strip, is a notable
departure from the appearance of traditional neighborhoods.
Corridor Structure
The San Antonio Corridor which spans the length of the project site is composed of
unique neighborhoods and distinct commercial/employment districts. The corridor
structure has been dissected into community context, nodes, and gateways.
Figure 3 - Employment Districts
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SAN ANTONIO RD.
ALM
A
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T
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MIDD
L
E
F
I
E
L
D
R
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R
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Figure 1: Contexts, Nodes, and Gateways
.25 miles0
Residential Context
Commercial Context
Industrial/Business Context
Gateway
Regional node
Sub-regional node
Neighborhood node
Preschools and schools
Employment districst
Project Site
CONTEXTS, NODES, GATEWAYS
Figure 4: Corridor contexts, nodes, and gateways
Figure 4 - Corridor contexts, nodes, and gateways
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Community Context
Community context refers to the character of the built environment alongside the
corridor. This influences the ways in which people use the corridor and should guide
the design of adjacent infrastructure. The San Antonio Road Corridor consists of
residential, commercial, and business/industrial contexts.
Residential Context
The corridor’s residential context includes single-family residential, multi-family
residential, and mixed-use residential neighborhoods. Greendell, San Alma, and The
Greenhouse are three of Palo Alto’s thirty-six designated neighborhoods which fall
within site boundaries. Greendell is a single-family neighborhood between Ferne
Avenue, San Antonio Avenue and Mackay Drive. Surrounded by commercial areas, the
neighborhood features a tranditional layout with winding streets and cul-de-sacs. San
Alma is a multi-family residential neighborhood located east of Alma Street, off San
Antonio Avenue, and consists of one and two story townhomes and below market rate
condominiums. The Greenhouse is a multi-family residential neighborhood located
off of San Antonio and Leghorn consisting of a set of two adjoining condominium
complexes dotted with trees, walking paths, and lawns.
Figure 5 - Single-family housing
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Figure 6: Multi-family housing
The Taube Koret Campus for Jewish Life is an 8.5-acre mixed-use residential site
anchored by the Oshman Family Jewish Community Center and Moldaw Family
Residences. Throughout the site, design elements were placed strategically to pay
tribute to the project’s Jewish roots and evoking the feeling of an urban village. The
Moldaw Family Residences are upscale senior living units with independent and
dependent living options available.
Figure 7: Taube Koret Campus
Commercial Context
While the character of the corridor is largely residential and business/industrial,
the segment of the San Antonio Road Coordior between Middlefield Road and East
Charleston Road contains a majority of the corridor’s commercial businesses. The
character of the commercial strip is auto-oriented. Landscaping efforts have been made
along the commercial corridor which helps reduce visual unease from car-oriented lots.
The east and west sides of San Antonio Road have protected sidewalks along the entire
commercial segment, as well as street parking along roughly half of the segment.
Figure 6 - Multi-family housing
Figure 7 - Taube Koret Campus
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The Palo Alto 2030 Comprehensive Plan identifies this segment of San Antonio Road as
service commercial, with businesses along the segment providing citywide and regional
services that rely on an auto-oriented customers. Parking lots require good automobile
and service access so customers can safely load and unload without impeding traffic. To
encourage housing near transit centers, nonresidential FARs will range up to 0.4 and
higher density multi-family housing may be allowed in specific locations.
On the west side of San Antonio Road, just outside of the project area boundary line,
the Charleston Shopping Center is classified as a Neighborhood Center. This is a small
retail area that draws customers from the immediate surrounding area. The Center
includes a grocery store and a variety of smaller retail shops and offices oriented toward
the everyday needs of local residents. Adjacent streets provide walking, biking, and
transit connections.
Figure 8: Buildings and roads in commerical segments
Business/Industral Context
The segment of San Antonio Road from the Highway 101 overpass to the northmost
section of the project site, as well as alternating sections within the corridor are
identified as diverse business and light industrial districts. This development type is not
commonly found within the city. These districts are characterized by large one- to four-
story buildings, with some taller buildings, separated by parking lots and landscaped
areas. The districts are accessed primarily by automobile or employer-supported transit,
though future changes in land use and tenancy could support a shift toward transit,
pedestrian, and bicycle travel. These areas serve as an opportunity for the service
industry and start-up businesses to rent low-cost larger spaces.
Figure 8 - Buildings and roads in commercial segments
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The business and light industrial areas of the site contribute to a majority of the San
Antonio corridor being included in the employment district. These areas are dominated
by low-rise offices with large parking lots. The health and longevity of businesses
within the employment district are important because they provide thousands of local
jobs, establish a customer base for many other Palo Alto businesses and generate tax
revenues for the city.
Figure 9: Buildings and roads in commerical segments
Nodes
Nodes are specific areas with concentrated transportation activity. These could be
intersecting streets, transit access, trailheads and accesses, parking accesses, and
crossing pedestrians and cyclists. The corridor contains regional, sub-regional, and
neighborhood nodes.
Regional Nodes
The intersection of Highway 101 and San Antonio Road is a regional node located
within the project area. Highway 101, also known as the Bayshore Freeway, is a major
north-south freeway that runs along the western edge of Palo Alto. It is a crucial
transportation corridor for the San Francisco Peninsula and the broader Bay Area,
connecting communities from San Jose in the south to San Francisco in the north.
The Highway 101 and San Antonio Road intersection is a transportation hub where
various modes of transportation converge. In addition to vehicular traffic, it also
provides access to public transit options, including bus services and shuttle routes.
The intersection of Highway 101 and San Antonio Road provides access to neighboring
communities such as Mountain View, Palo Alto, and Los Altos. It’s a gateway to Silicon
Valley and other areas in the South Bay.
Subregional Nodes
The intersection of Alma Street and San Antonio Road is a sub-regional node located
within the project area. It provides access to major destinations in the area, including
Stanford University, Stanford Shopping Center, and the San Antonio Shopping Center.
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Figure 9 - Buildings and roads in commercial segments
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The intersection features several commercial establishments, including restaurants,
convenience stores, and service stations. These businesses cater to both local residents
and commuters passing through the area.
Neighborhood Nodes
The intersection of Middlefield Road / San Antonio Road and East Charleston Road / San
Antonio Road are neighborhood nodes located inside the project site. The intersections
serve as vital links between several neighborhoods and commercial areas, as well as
access points for commuters and residents traveling through Palo Alto. The intersections
are easily accessible by car, public transportation, and bicycles. They contribute to the
overall connectivity of the city.
Gateways
A gateway refers to a key entrance or transition
point into an area that provides a sense of arrival.
Palo Alto has tried to strengthen community
identity by ensuring clear and memorable
entrances into the city. A gateway into the City of
Palo Alto and the San Antonio Corridor is located
on San Antonio one-tenth of a mile north of
the intersection at East Charleston Road. A sign
located at this gateway serves as a visual landmark
representing the entrance to the corridor. The
corridor’s second gateway is located at the south
end of the project site at the intersection of Alma
Street and San Antonio Road.
Streetscape
The San Antonio Corridor is recognized as a primarily employment-focused district.
It is broadly characterized by one- to four-story buildings separated by parking lots
and with interspersed landscaping and greenery. Due to its identity as an employment
district, architectural styles along the corridor are utilitarian and industrial in style with
arterial streets mainly serving offices and industrial buildings. Building styles do vary
in appearance with different facades and colors, but are similar in position on the street
with little transparency. Hatemi Mosque at the northern end of the site, and Albert and
Janet Schultz Cultural Arts Hall, at the intersection of Charleston Road and San Antonio
Road, are two religious-based organization buildings that present as architecturally
unique for the corridor. On-street parking is also very prevalent on-site, with paved
sidewalks existing on one or both sides of the street. A typical street section of San
Antonio Road is provided below, highlighting the vehicle-oriented nature of the site.
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Figure 10: Gateway into Palo AltoFigure 10 - Gateway into Palo Alto
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Figure 11 - San Antonio Road
Figure 12 - Lack of light Figure 14 - Parking lots with greenery common between buildings
Figure 13 - Lack of transparency
Figure 15 - Jewish Center Figure 17 - Hatemi MoqueFigure 16 - Jewish Center architecturally interesting elements
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Urban Greenery, Pedestrian Experience, & Wayfinding
Known for its robust urban forest, Palo Alto’s Land Use and Community Design
Element states that maintaining a consistent and full urban forest is key to setting a
coherent tone and providing human scale to the street. On-site, trees line the corridor
on either side adding greenery and providing shade. Along with street trees, many of
the buildings have a degree of landscaping linking them to the street, along with a
pavement. While the sidewalk is well-maintained along the main corridor, small arterial
streets have less consistent sidewalks with signs of aging. Utility boxes are also visible
and exposed throughout the site with many areas lacking attractive streetscaping. The
San Antonio Road Corridor is effective in its wayfinding as street signs are consistent
throughout the site and make the area easily-navigable yet not visually interesting
for pedestrians. Several vacant buildings and larger empty parking lots occupy the
streetscape detracting from a pedestrian-oriented vibrant feel. Due the area’s purpose
as an employment district, its appearance is utilitarian in nature, but pockets of
architectural interest are apparent and greenery adds character to the site.
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Figure 18 - Urban Forest
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Urban Form
Land Uses
In the 2030 Palo Alto Comprehensive Plan, the Land Use and Community Design
Element designates several land uses to the project site: single- and multi-family
residential, light industrial, mixed-use, office park, and service commercial. The Plan
lays a framework for urban form in the site based on these designations.
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Figure 20 - Visible utility boxesFigure 19 - Sidewalk condition
Figure 21 - Vacant lots Figure 22 - Wayfinding
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• The Single-family land use applies to residential neighborhoods. This designation
is primarily characterized by detached single-family homes. There is typically one
dwelling unit on each lot, although net density ranges from one to seven units per
acre. Accessory dwelling units and duplexes are permitted with a maximum density
of 14 units per acre.
• Multi-family residential allows for a varying number of permitted housing units,
depending on existing land use, proximity to major streets/public transit and
shopping, and environmental problems. The net density ranges from 8 to 40 units
per acre.
• Light industrial consists of wholesale and storage warehouses with compatible
residential and mixed-use projects. Additionally, in specific locations, higher density
multi-family housing is permitted. FAR ranges up to 0.5.
• Mixed-use enables multiple functions, either within the same building or adjacent
to one another. This promotes live, work, play and shopping activities in close
proximity. Permitted devlopment uses are Live/Work, Retail/Office, Residential/Retail
and Residential/Office. FAR ranges up to 1.15 with the exception of devlopment
along transit corridors or near multimodal centers; this permitted FAR is up to 2.0-
3.0.
• Office park development is typically buffered from adjacent residential uses.
Depending on the site, maximum FAR ranges from 0.3 to 0.5.
• Service commercial facilities are reliant on customers traveling by vehicle and
provide citywide and regional services. In specific locations, higher-density multi-
family housing is permitted. FAR ranges up to 0.4.
Gateway
The Land Use and Community Design Element also categorizes San Antonio Road as a
gateway. The Plan defines a gateway as “a point along a roadway at which a motorist or
pedestrian gains a sense of having entered the City or a particular part of the City. This
impression can be imparted through such things as signs, monuments, landscaping, a
change in development character or a natural feature such as a creek.” Furthering this
definition, the Land Use and Community Design Element states, “community identity
is strengthened when the entrances to the city are clear and memorable. Well-designed
gateways are defined by natural and urban landmarks that complement the character
and identity of the neighborhood.”
Goal L-9 in The Plan addresses city gateways by:
Policy L-9.7: Strengthen the identity of important community-wide gateways.
Program L9.7.1: Enhance gateway sites with special landscaping, art, public spaces
and/or public buildings. Emphasize creek bridges and riparian settings.
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Zoning
The San Antonio Road Corridor contains four different zoning districts: General
Manufacturing (GM), Planned Community (PC), Service Commercial (CS), and Low
Density Residential Multi-Family (RM-20). These districts all contain relevant
development standards which have influenced the project area’s existing urban form.
The following table depicts the height and setback development standards per each
zone within the project boundary:
Zoning Height Setback
General Manufacturing (GM)Max. 35-50 ft Min. 20 ft along frontage
Planned Community (PC)N/A, Max. 35-50 ft within 150 ft of PC district N/A
Service Commercial (CS)Max. 35-50 ft Front yard 10 ft
Low Density Residential Multi-Family (RM-20)Max. 30 ft Min. front yard 20 ft
Existing Typologies
Existing buildings in the project site vary from one to five stories, corresponding
with use. Lower density residential and businesses are typically shorter, whereas
high-density residential and industrial uses tend to have a greater number of stories.
The urban form is largely characterized by modern, modest architecture. This is
influenced by the great amount of industrial building uses, such as car dealerships
and gas stations. Larger buildings, such as high-density housing and hotels, follow a
more contemporary architecture. The greatest exception to this modern architectural
character is the Hatemi Mosque.
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Table 1 - Height and setback standards
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Figure 23 - The Hatemi Mosque has ornate building form, religious function, and site which contains landscaping and a plaza. This contrasts the typical industrial uses and forms fronted by surface parking areas.
Figure 24 - Two story, industrial-use buildings fronted by surface parking. This typology and architectural style is typical of urban form within the San Antonio Road Corridor.
Figure 25 - Multi-story housing at the Oshman Family Jewish Community Center.
Figure 26 - Typical urban form along office building typologies.
Figure 27 - Urban form of contemporary hotels. Figure 28 - Urban form of contemporary housing units.
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Walkability
Physical Form
As one travels from south to north, some parts of the San Antonio Road Corridor are
more walkable than others. The southern portion of the corridor closest to Alma Street
is strictly accessible by vehicle or bike. A sidewalk begins near Mckay Drive; however,
San Antonio Road is still a busy boulevard in this area. The sidewalk continues on
the San Antonio portion of US Highway 101 but is unprotected. The sidewalk is not
consistent on both sides of the street throughout the corridor. Sidewalk area is often
adjacent to surface parking. The result is that vehicles sandwich pedestrians on both
sides: parked vehicles are on one side, driving vehicles on the other. The majority of
the sidewalk is in poor condition—cracked, warped, and narrow. Although landscaping
exists adjacent to sidewalks in some areas, other areas are bordered by dirt rather
than landscaping. Alternatively, in other parts of the corridor, the sidewalk is directly
adjacent to buildings. There are a total of eight crosswalks which cross San Antonio
Road within the project area, which is a limited quantity in relation to the nearly two-
mile stretch of road. The existing corridor form on San Antonio Road caters primarily to
vehicles, which hinders pedestrian accessibility.
Amenities
Pedestrian amenities along San Antonio Road are limited. There is minimal urban
furniture; only a few benches total. This is the result of the narrow sidewalk which is
often bordered by surface parking or adjacent building fronts. Thus, the capacity for
urban furniture is low. Public transit access is also minimal along the San Antonio Road
Corridor: there are three bus stops within the site. Regarding proximity to essential
needs, the project area contains multiple housing developments and single-family
housing. Regarding businesses which cater to everyday needs, Crossroads Specialty
Foods is located in the project area. Costco, Safeway, Target, Trader Joes, and Walmart
are all proximate to the site. Except for Trader Joes, each of these businesses has a
pharmacy.
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Figure 29 - Sidewalk adjacency to landscaping. Landscaping varies greatly in quality along the San Antonio Road Corridor.
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Key Terms
• Street Corridor - a community’s primary public realm. Urban designers call them
“street corridors” because, like hallways in a building, they are formed by the
buildings on each side.
• Project Area - The boundary in which the scope of work is located in.
• Node - A point along a roadway at which a motorist or pedestrian gains a sense of
having entered the City or a particular part of the City.
• Gateway - An entrance or gathering place which acts as a transition between
different spaces as well as a nexus for the people who inhabit and frequent these
places
• Streetscape - A broad term to mean everything that makes up a scene on a
street,including roads, buildings, sidewalks, and greenery.
• Wayfinding - The ways in which people orient themselves in physical space and navigate
from place to place, especially in relation to signage and urban fabric of a given place.
• Urban forest - Tree populations in urban settings, including parks, street trees,
landscaped boulevards, gardens, river and coastal promenades, greenways, river
corridors, wetlands, and nature preserves.
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Figure 30 - In certain stretches of the corridor, there is no sidewalk.
Figure 32 - Sidewalk adjacency to surface parking. This is typical for the corridor.
Figure 31 - Non-existent sidewalk
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Sources
City of Palo Alto. (2017). City of Palo Alto Comprehensive Plan. City of Palo Alto.
https://w ww.cityofpaloalto.org/files/assets/public/v/4/planning-amp-
development-services/3.-comprehensive-plan/comprehensive-plan/full-
comp-plan-2030_with-dec19_22-amendments.pdf
City of Palo Alto. (2021). Land Use and Community Design. City of Palo Alto. https://
www.cityofpaloalto.org/files/assets/public/v/2/planning-amp-development-
services/3.-comprehensive-plan/comprehensive-plan/2030-comp-plan-2-land-
use-june-21.pdf
City of Salt Lake City Utah. (n.d.). Existing Conditions Report. City of Salt Lake City.
https://www.slc.gov/transportation/wp-content/uploads/
sites/11/2022/10/600700N-Existing-Conditions-FINAL.pdf
Lorenz, E. (2010, February 2). Palo Alto neighborhoods. Palo Alto Online |. https://www.
paloaltoonline.com/news/2010/02/02/palo-alto-neighborhoods
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Education, Culture,
and History
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Introduction
The Education, Culture, and History section of this document will provide a well-
rounded view of the community, highlighting the distinctive characteristics and
identity of Palo Alto and its residents. While the rest of this document meticulously
details every attribute that makes up the physical identity of the city, this section will
detail the cultural identity. Palo Alto has a unique relationship to higher education
and a deep history of technological advancements that have shaped both the economy
and the layout of the city. Palo Alto is made up of diverse peoples, populations, and
religious bodies that have cultivated a community with a variety of experiences and
cultural heritage. This section aims to complete the overall portrait of Palo Alto.
Major Findings
The demographic composition of the three educational institutions situated within
the San Antonio Road Corridor exhibits a notable degree of cultural diversity. These
findings are:
• Fairmeadow Elementary School, designated for the San Antonio Road Corridor,
showcases a diverse student body with 43.9 percent of Asian descent, 30.6 percent
identifying as White, 13.7 percent of Latino heritage, 9.8 percent representing mixed
racial backgrounds, 0.7 percent identifying as Black or African American, and 0.7
percent as Native Hawaiian or Pacific Islander.
• Jane Lanthrope Stanford Middle School, the middle school within the corridor,
mirrors this cultural diversity, with 45.8 percent of students identifying as Asian, 26.1
percent as White, 12.3 percent as Latino, 11.7 percent as of mixed race, 1.8 percent as
Black or African American, and 1.3 percent as Native Hawaiian or Pacific Islander.
• Henry M. Gunn High School, serving as the flagship institution for the San Antonio
Corridor, comprises a student body that consists of 44.8 percent of Asian heritage,
30.7 percent of White ethnicity, 11.7 percent of Latino descent, 9.9 percent of mixed
racial backgrounds, 1.4 percent identifying as Black or African American, and 0.9
percent as Filipino.
• The San Antonio Corridor, geographically adjacent to Mountain View and in close
proximity to Los Altos, encompasses a triad of school districts, catering to students
from both Los Altos and Mountain View. Notably, K-8 students residing in Mountain
View receive their primary education within the jurisdiction of the Mountain View
Whisman School District, while their counterparts from Los Altos attend schools
within the purview of the Los Altos School District. Importantly, students from both
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Mountain View and Los Altos converge upon high schools under the aegis of the
Mountain View-Los Altos High School District. This consolidated district comprises
three high schools: Los Altos High, Mountain View High, and Alta Vista High, which
specializes as a continuation school, offering alternative educational pathways.
• The project area is situated in a culturally vibrant section of Palo Alto, characterized
by a significant Asian American presence, including individuals of Chinese, Indian,
and Korean descent. Cultural education centers, such as the Palo Alto Chinese
School, are in close proximity to the project area, and provide opportunities
for students and families to learn cultural heritage and promote cross-cultural
understanding.
• The region is home to a variety of cultural institutions that play a role in artistic
expression, cultural appreciation, and community engagement. Some of these
include the Palo Alto Art Center, the Foster Museum, and Shoreline Amphitheatre.
These spaces are dedicated to fostering artistic and musical expression, and draw in
visitors and families to their events. The Foster Museum is dedicated to celebrating
artist-explorer Tony Foster’s watercolor works and is within the project area.
• In addition to cultural diversity, Palo Alto features a multitude of religious
organizations and institutions around the project site. The Taube Koret Campus
for Jewish Life is one of the larger community centers on the project area, scaling
8.5 acres of amenities, senior living facilities, and parking. Community events,
Jewish festivals, art exhibitions, and educational programs are held on the campus,
contributing to a rich and diverse cultural environment in Palo Alto.
• Mitchell Park and the Mitchell Park Branch Library stand as prominent landmarks
near the project area. Mitchell Park boasts 21.4 acres of open space, tennis courts,
youth facilities, and walking trails, while Mitchell Park Branch Library features
41,000 square feet encompassing the community meeting spaces, shelves of books,
and a wide array of resources and amenities that cater to residents of all ages and
interests. As the largest public park and library in the city, they serve as a central hub
for community engagement and enrichment.
• Palo Alto owes its existence to the founding of Stanford University in 1884. The
university, with free tuition, attracted students and contributed to the region’s
development. The Stanfords initially sought to establish a college town by engaging
Mayfield but faced rejection due to uncertainty. Instead, they purchased land north
of Mayfield, named it Palo Alto, and fostered its growth as a “dry town.” Over time,
Palo Alto thrived, while Mayfield declined and eventually merged with Palo Alto in
1925, ceasing to exist as its own entity.
• In the early 21st century, both Stanford University and Palo Alto experienced
substantial growth. After the war, Palo Alto went through a remarkable boom,
driven by the establishment of the Stanford Industrial Park, the Stanford Shopping
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Center, and the Stanford Medical Center’s relocation. The population more than
doubled, reaching 55,000 by 1960. The city solidified its position as a hub for science
and technology, notably with the contributions of Hewlett and Packard, Fairchild
Semiconductor, and the development of Silicon Valley. Despite ongoing challenges,
Palo Alto continues to thrive in the heart of Silicon Valley.
• The project area used to be zoned as a residential area, but in 1951, the Palo Alto
City Council decided to change that. They annexed San Antonio Road and made
amendments to the zoning laws in 1952. This change transformed the area from
residential to a hub of light industrial activity. In 1952, the Palo Alto City Council
played a pivotal role in shaping the current character of the site as a thriving light
industrial area. Their decisions back then not only laid the foundation for the site’s
industrial development but also serve as the driving force behind the current efforts
by the City of Palo Alto to revisit and modify the zoning regulations.
Education
Palo Alto Unified School District (PAUSD)
The educational institutions within Palo Alto are administered by the Palo Alto Unified
School District (PAUSD), an autonomous special-purpose local government entity
distinct from the City of Palo Alto. PAUSD’s jurisdiction encompasses all public schools
located within Palo Alto, as well as portions of Los Altos Hills, Portola Valley, and the
Stanford University Campus. Notably, the exclusive exception within Palo Alto, outside
the PAUSD boundary, is the Monroe Park neighborhood, whose residents attend schools
located in Los Altos.
PAUSD plays a pivotal role in fulfilling the educational requirements of its students,
providing a comprehensive array of academic offerings, as well as facilitating access
to extracurricular activities and programs, including those related to athletics and the
arts.
Students within the San Antonio Road Corridor attend Fairmeadow Elementary School,
Jane Lathrop Stanford (JLS) Middle School, and Henry M. Gunn High School. Notably,
Greendell School, a preschool and special education institution catering to special
needs and preschool is the only school from the Palo Alto Unified School District
directly located within the project area.
The schools within the San Antonio Road Corridor are conveniently situated near
the local neighborhoods they serve. Fairmeadow Elementary, the nearest of these
institutions, is a mere three-six minute drive away, and a short 15 to 25-minute walk
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from the project area. Adjacent to Fairmeadow Elementary School, Jane Lathrop
Stanford Middle School can be reached within a three to six-minute drive or a 15 to
25-minute walk.
Henry M. Gunn High School is conveniently accessible by a ten to fifteen-minute drive
or a 15 to 20-minute bike ride to the campus. The schools in which students live in the
Thi placement of PAUSD schools in the San Antonio Road Corridor ensures accessibility
for students and parents, contributing to a seamless educational experience.
Students from the San Antonio Corridor attend schools with diverse student
populations. Fairmeadow Elementary School, Jane Lathrop Stanford (JLS) Middle
School, and Henry M. Gunn High School has a mix of Asian, White, Hispanic and Latino,
and mixed race students, resulting in a varied cultural background among the student
body. Tables 1, 2, and 3 show the 2021 to 2022 student population demographics and
the breakdowns of students per grade level for Fairmeadow Elementary School, Jane
Lathrop Stanford (JLS) Middle School, and Henry M. Gunn High School.
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Fairmeadow Elementary School 2021-22 Student Enrollment by Student Group
Student Group Percent of Total Enrollment
Female 46.3
Male 53.7
American Indian or Alaskan Native 0.0
Asian 43.9
Black or African American 0.7
Filipino 0.5
Hispanic or Latino 13.7
Native Hawiian or Pacific Islander 0.7
Two or More Races 9.8
White 30.6
English Learners 21.3
Foster Youth 0.0
Homeless 1.0
Migrant 0.0
Socioeconomically Disadvantaged 11.3
Students with Disabilities 10.5
Fairmeadow Elementary School 2021-22 Student Enrollment by Grade Level
Grade Level Number of Students
Kindergarten 58
Grade 1 66
Grade 2 66
Grade 3 79
Grade 4 67
Grade 5 72
Totall Enrollment 408
Table 1 - Fairmeadow Elementary school student population and demographics. From the School Accountability Report Card.
Table 2 - Fairmeadow Elementary school student population and demographics. From the School Accountability Report Card.
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Jane Lanthrop Stanford Middle School 2021-22 Student Enrollment by Student
Group
Student Group Percent of Total Enrollment
Female 45.4
Male 54.5
American Indian or Alaskan Native 0.0
Asian 45.8
Black or African American 1.8
Filipino 0.9
Hispanic or Latino 12.3
Native Hawiian or Pacific Islander 1.3
Two or More Races 11.7
White 26.1
English Learners 6.9
Foster Youth 0.1
Homeless 0.6
Migrant 0.0
Socioeconomically Disadvantaged 10.9
Students with Disabilities 10.2
Jane Lanthrop Stanford Middle School 2021-22 Student Enrollment by Grade
Level
Grade Level Number of Students
Grade 6 337
Grade 7 315
Grade 8 344
Totall Enrollment 996
Table 3- Jane Lanthrop Stanford Middle School student population and demographics. From the School Accountability Report Card.
Table 4 - Jane Lanthrop Stanford Middle School student population and demographics. From the School Accountability Report Card.
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Henry M. Gunn High School 2021-22 Student Enrollment by Grade Level
Grade Level Number of Students
Grade 9 428
Grade 10 468
Grade 11 491
Grade 12 481
Total Enrollment 1,868
Henry M. Gunn High School 2021-22 Student Enrollment by Student Group
Student Group Percent of Total Enrollment
Female 45.7
Male 54.3
American Indian or Alaskan Native 0.1
Asian 44.8
Black or African American 1.4
Filipino 0.9
Hispanic or Latino 11.7
Native Hawiian or Pacific Islander 0.4
Two or More Races 9.9
White 30.7
English Learners 2.7
Foster Youth 0.0
Homeless 0.3
Migrant 0.0
Socioeconomically Disadvantaged 9.9
Students with Disabilities 7.9
Table 6 - Jane Lanthrop Stanford Middle School student population and demographics. From the School Accountability Report Card.
Table 5 - Henry M. Gunn High School student population and demographics. From the School Accountability Report Card.
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According to The California Department of Education and The Paly Voice, Palo Alto
Unified School District’s student population has declined by 15 percent since 2015. The
California Department of Education’s Data shows that in the 2014 to 2015 school year,
the student population was at a total of 12,527 students. The 2022 to 2023 school year
had a student population of 10,318 students. This information can be seen in Table 7
below.
Palo Alto Unified School District Student Population 2014-15 to 2022-23.
Academic Year Total Enrollment
2022 - 23 10,318
2021 - 22 10,509
2020 - 21 10,754
2019 - 20 11,745
2018 - 19 11,992
2017 - 18 12,249
2016 - 17 12,287
2015 - 16 12,485
2014 - 15 12,527
Table 7 - Palo Alto Unified School District Student Population 2014-2015 to 2022-2023 Gathered from the California Department of Education.
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Proximity to Surrounding Cities and Districts
The San Antonio Road Corridor in Palo Alto is situated near Mountain View and Los
Altos. In this region, there are three distinct school districts, both in Mountain View
and Los Altos: the Los Altos School District, the Mountain View Whisman School
District, and the Mountain View-Los Altos High School District.
Elementary and middle schools in Mountain View and Los Altos operate independently
under the administration of the Los Altos School District and the Mountain View
Whisman School District, each serving its respective city. High school education,
however, is a collaborative effort between the two cities through the Mountain View-
Los Altos High School District (MVLA). MVLA oversees three high schools: Mountain
View High School, Los Altos High School, and Alta Vista High School. Mountain View
High School caters to the Mountain View community, Los Altos High School serves the
City of Los Altos, and Alta Vista High School provides educational opportunities for
students from both Mountain View and Los Altos.
It is noteworthy that the San Antonio Road Corridor is currently not within the
jurisdiction of any Mountain View or Los Altos school district. However, it’s worth
mentioning that the anticipated housing growth in the area may result in changes
to district boundary lines. The nearest high school to the corridor is Los Altos High
School, approximately a seven-minute drive away, making it closer in proximity than
Henry M. Gunn High School, which students from the corridor attend. The two closest
middle schools are Egan Middle School in Los Altos and Crittenden Middle School
in Mountain View, both reachable within a five to seven-minute drive from the San
Antonio Corridor. Additionally, Monta Loma Elementary School, the nearest elementary
school, is accessible within a two to five-minute drive. Notably, the San Antonio Road
Corridor is closer to the schools in Mountain View and Los Altos compared to the Palo
Alto schools attended by students in the area.
Furthermore, it’s observed that the three school districts in Mountain View and Los
Altos have smaller student populations compared to Palo Alto. The Palo Alto Unified
School District, the Los Altos School District, and the Mountain View Whisman School
District have all experienced declines in student population, while the Mountain
View-Los Altos High School District has seen an increase in student enrollment. This
demographic trend is depicted in Figures five, six, and seven, which illustrate student
populations from the 2014-2015 academic year through 2022-2023.
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Los Altos School District Student Population 2014-15 to 2022-23.
Academic Year Total Enrollment
2022 - 23 3,355
2021 - 22 3,347
2020 - 21 3,576
2019 - 20 3,999
2018 - 19 4,246
2017 - 18 4,403
2016 - 17 4,527
2015 - 16 4,638
2014 - 15 4,675
Mountain View Whisman School District Student Population 2014-15 to 2022-23.
Academic Year Total Enrollment
2022 - 23 4,522
2021 - 22 4,522
2020 - 21 4,753
2019 - 20 5,082
2018 - 19 5,110
2017 - 18 5,132
2016 - 17 5,125
2015 - 16 5,084
2014 - 15 5,065
Table 8 - Los Altos School District Population 2014 - 2015 to 2022 - 2023. California Department of Education.
Table 9 - Mountain View Whisman School District Population 2014 - 2015 to 2022 - 2023. California Department of Education.
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Mountain View-Los Altos Union High School District Student Population 2014-15
to 2022-23.
Academic Year Total Enrollment
2022 - 23 4,448
2021 - 22 4,539
2020 - 21 4,536
2019 - 20 4,548
2018 - 19 4,394
2017 - 18 4,304
2016 - 17 4,101
2015 - 16 4,028
2014 - 15 3,881
Table 10 - Mountain View-Los Altos Union High School District Population 2014 - 2015 to 2022 - 2023. California Department of Education.
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Private / Charter Schools
The city of Palo Alto has 33 private schools located within the city limits ranging from
preschool to high school. The San Antonio Road Corridor has four private schools
within the project area. The private schools located within the project area are Kehillah
Jewish High School, Imagination Lab school (TK-8th grade), Athena Academy (first to
eighth grade for dyslexic children), and Gideon Hausner Jewish Day School. These vary
in learning concepts, age range, religion, and overall learning objectives.
Community Colleges
The San Antonio Road Corridor and the City of Palo Alto currently don’t have any
Community Colleges or Junior Colleges. Residents from this area generally attend
Foothill College in Los Altos Hills, which is approximately a 13-minute drive away, or
Cañada College in Redwood City, also about a 13-minute drive from the San Antonio
Corridor. Both junior colleges pull from residents all around the County of Santa Clara.
Foothill College is the larger of the two junior colleges, with a student population of
13,483 as of 2022. Cañada College, on the other hand, has an approximate student
population of 5,619 as of the 2021-2022 academic year.
Stanford University
Stanford University is globally recognized for its leading role in research and its status
as a prestigious higher education institution. It is celebrated for its commitment
to academic excellence and its significant contributions to various fields, spanning
technology, science, humanities, and social sciences. Established by the Stanford
Family, the university has had a profound and long standing impact on Palo Alto, even
preceding the city’s establishment. Located approximately a 15-minute drive from
the San Antonio Road Corridor, Stanford not only serves as a substantial economic
influence but has also shaped the local educational landscape.
According to Stanford News, “Stanford University and Palo Alto Unified School District
(PAUSD) have reached a conditional agreement on community benefits that will be
provided to the school district as part of a possible development agreement for the
university’s proposed General Use Permit. The estimated value of the community
benefits package is $138.4 million over 40 years. The agreement is the result of
facilitated discussions between PAUSD and Stanford, and will expand the over century-
long partnership between the two educational organizations”(April 15th, 2019).
Stanford has promised to create an innovative space for students and faculty to provide
improvements to current PAUSD school sites.
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Culture
Cultural Institutions
Cultural institutions in a city help foster community, cultural connection, and promote
diversity in any city or town. Within Palo Alto, there are various cultural institutions
within and near the project area alongside San Antonio Road Corridor.
Some notable cultural institutions in the area include:
• Palo Alto Art Center: Established in 1971, the Palo Alto Art Center is a nonprofit
community founded and community driven space focused on making art accessible
and welcoming the neighborhood to engage in art practices. The institution engages
over 150,000 people each year through a variety of programs as an extension of
the City of Palo Alto’s Division of Arts and Sciences, Department of Community
Services.
• Cantor Art Museum: Located at Stanford University, the Cantor Art Museum is
an essential cultural resource for the region. Founded in 1891 with the university,
the museum expanded and was renamed in 1999, thanks to lead donors Iris and
B. Gerald Cantor. The Cantor Collection, spanning 5,000 years, boasts over 38,000
works of art from around the globe.
• Foster Museum: The Foster Museum is a private non-profit museum dedicated to
artist Tony Foster’s watercolor wilderness Journeys. Before its opening in 2016, the
building served as an ambulance garage for the Lucille Packard Children’s Hospital.
It underwent a conversion into a LEED Silver certified structure. It now serves as an
exhibition of nature and wilderness works for the public.
• Shoreline Amphitheatre: The Shoreline Amphitheatre is a prominent cultural
and entertainment organization in the area. Established in 1986, the Shoreline
Amphitheatre was built upon a landfill as part of the Shoreline Park Project in
cooperation with the City of Mountain View and local promoter Bill Graham. It
hosts a wide array of concerts, live performances, and cultural events, for up to
22,000 people.
Demographics
The most prominent demographic within the City of Palo Alto is White, followed by
Asian and Hispanic or Latino. According to 2022 census data, the complete breakdown
is as follows:
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Figure 1 - Geographic distribution of AAPI population across the Bay Area. From the Bay Area Equity Atlas.
Figure 2 - Geographic distribution of Chinese population across the Bay Area. From the Bay Area Equity Atlas.
Demographics Breakdown by Race
Race Percentage
White alone 52.5%
Asian alone 35.1%
Hispanic or Latino 7.0%
Black or African American 2.1%
Native Hawaiian and Other Pacific Islander 0.1%
American Indian and Alaska Native 0.3%
White alone, not Hispanic or Latino 50%
Two or More Races 7.2%
Table 11 - Demographic Breakdown by Race in Palo Alto, 2022 Census Data
Within the broader category of “Asian”, there are various ethnic subgroups that exist
in Palo Alto and add to its tapestry of diversity. Figure 1 illustrates the geographic
distribution of Asian communities across the Bay Area. Figures 2, 3, and 4 depicts some
of the prominent Asian subgroups within Palo Alto. According to the Bay Area Equity
Atlas, there is a prevalent concentration of Asian communities alongside the San
Antonio Corridor. The greatest Asian demographic in the area are Chinese residents,
following with Indian and Korean.
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Religious Organizations
There are various religious organizations within and in proximity to the project area
alongside San Antonio Road Corridor. These religious organizations function as pillars
of spiritual and cultural activity, serving as focal points for individuals with diverse
backgrounds and belief systems.
Some of the religious organizations in the vicinity of the project area include:
• Hatemi Mosque: Located within the project site on the northern side of San Antonio
Road, the Hatemi Mosque is Palo Alto’s first freestanding mosque. The Hatemi
Mosque project received approval from the city’s Architectural Review Board in
2008 and construction began in December 2011. Although the physical structure of
the mosque had already been in place since 2014, it was not officially inaugurated
until March 7, 2015, following Syedna Aali Qadr Mufaddal Saifuddin’s visit from
India to bless the mosque.
• VIVE Church: Located in the project site on Leghorn Street, VIVE Church is a
non-denominational Christian church serving the Palo Alto and Mountain View
community. Established in 2014, the church is one of ten physical locations globally
and has grown to include an online community spanning over 20 countries.
• The Church in Palo Alto: Located alongside E Charleston Road, the Church in Palo
Alto is a Christian church that serves the local Christian community. It was founded
in 2000 by a group of Christian families who were seeking a church that would
provide a biblical foundation and a strong sense of community. The church quickly
grew, and in 2002, it moved to its current location on Charleston Road.
Figure 3 - Geographic distribution of Indian population across the Bay Area. From the Bay Area Equity Atlas.
Figure 4 - Geographic distribution of Korean population across the Bay Area. From the Bay Area Equity Atlas.
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• Abundant Life Christian Fellowship: Abundant Life Christian Fellowship is a
non-denominational Christian church located in the project area within the
Oshman Family Jewish Community Center (JCC). Founded in 1982, the church has
established a congregation of over 1,000 people.
Additional Churches Nearby the San Antonio Road Corridor include:
• Lord’s Grace Christian Church
• Palo Alto Church of Christ
• New Life Church
• Current Silicon Valley Church
• Palo Alto First Christian Church
• New Vine Community Church
• Keddem Congregation
• Congregation Etz Chayim
• Congregation Emek Beracha
• Congregation Kol Emeth
• The Church of Jesus Christ of Latter-day Saints
Taube Koret Campus for Jewish Life
The Taube Koret Campus for Jewish Life is one of the largest projects organized by the
Bay Area Jewish community that sits on the site on the intersection at San Antonio
Road and E Charleston Road. Built in 2009, the 8.5-acre community is home to the
Oshman Family Jewish Community Center, Moldaw Family Residences, underground
parking amenities, and several other Jewish organizations. The urban campus provides
several amenities and acts as a central hub for the Jewish community in Palo Alto,
creating an urban feel for the senior citizens who reside on the site. Community events,
Jewish festivals, art exhibitions, and educational programs are held on the campus,
contributing to a rich and diverse cultural environment in Palo Alto.
Moldaw Family Residences on the Campus is a senior living and retirement facility
located on the Taube Koret Campus for Jewish Life. The community was established
in 2009, and features 193 living units. In addition to housing, the facility also offers
independent living, assisted living, and memory care.
Oshman Family Jewish Community Center
The Oshman Family Jewish Community Center, commonly known as the Oshman
Family JCC, is a prominent community center that resides on the Taube Koret Campus
for Jewish Life. It serves as a core center for Jewish heritage, cultural events, and
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education, and offers a wide range of services and programs for people of all ages. The
center is dedicated to creating a welcoming and inclusive environment for everyone in
the Palo Alto community, offering numerous amenities such as a fitness center, indoor/
outdoor pools, education centers and childcare services.
From 1999 to 2002, as school enrollments were on the rise, the JCC had to reassess
its location and ultimately relocated to the Cubberley/Greendell campus. During
this period, the idea of creating a multi-generational campus with senior residences
emerged, leading to the successful $140 million Capital Campaign to build the Taube
Koret Campus for Jewish Life (TKCJL) on the former Sun Microsystems headquarters
site in Palo Alto. Construction began in 2007, and completed in 2009.
Parks and Facilities
Palo Alto is a vibrant community known for its greenscapes and abundance of trees
throughout the city, a nod to the Stanford Tree, the official mascot of Stanford
University. Parks and open spaces are nestled throughout the urban landscape, inviting
families, youth, and residents to walk, exercise, and play.
There are several public parks and facilities within proximity or around the site,
including:
• Cubberley Community Center (0.2mi from project site)
• Mitchell Park (1 mile from project site)
• Mitchell Park Branch Library
• Mitchell Park Community Center
Mitchell Park is the largest public park in Palo Alto, boasting 21.4 acres of amenities,
including youth soccer fields, sevenw tennis courts, walking and biking paths, public
art, and picnic areas. It is close to Fairmeadow Elementary School and Jane Lathrop
Stanford Middle School, fostering a sense of community engagement and provides
student access to outdoor activities and resources. The library is also a core pillar of
education, featuring over 140,000 items with books in different languages, conference
rooms, meeting and study spaces, and state-of-the-art technology to promote lifelong
learning and access to information.
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History
Prehistory
The original inhabitants of the lands later known as Palo Alto, were a group of
indigenous peoples called the Ohlone. The Ohlone thrived in this area thanks to its
temperate climate and abundant natural resources. They enjoyed a high quality of
life, making use of the bay and marshes to harvest shellfish and fowl, while the valley
floor offered small game and acorns from the countless oak trees. Nearby waterways,
including San Francisquito Creek, provided fish and a variety of fruits and berries along
the streambanks. In the foothills, larger game like deer and grizzly bears could be
hunted.
Post-Contact History
The transition from prehistory to recorded history occurred with the expedition of Don
Gaspar de Portola in 1769. His exploration of the area marked the first documented
encounter with this land. During his expedition, he and his men camped alongside El
Palo Alto, which translates to “the tall stick,” a significant tree that remains a symbol
for both Palo Alto and Stanford University to this day. This historical landmark serves
as a tangible link to the area’s deep past, connecting the contemporary city and
university to their ancient origins.
New settlers were drawn to the region due to the enticing Spanish, and later Mexican,
land grant opportunities. These land grants laid the foundation for what would become
the city of Palo Alto. For instance, the Soto/Greer family established their residence
on Rancho Rinconada del Arroyo de San Francisquito, which covered a substantial
portion of present-day Old Palo Alto. Additional ranchos, like Rancho La Purisima
Concepcion, acquired by Juana Briones during the mid-1840s, encompassed land that
now constitutes a part of modern-day Palo Alto.
Early Establishment Period
After the tragic passing of their only son, Leland Stanford Junior, the grieving Stanfords
decided to establish a university in his memory in 1884. In 1891, following several years
of construction, Leland Stanford Junior University opened its doors to 465 students.
This initiative attracted ambitious, economically disadvantaged students to the region.
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Despite owning several substantial vineyards in California, the Stanfords aimed to limit
university students’ access to alcohol. They also wanted a college town that would
support the new university, and began looking at their options. Initially, they contacted
Mayfield (and Menlo Park), with the condition of closing the town’s 13 saloons and
lone brewery in exchange for increased business from incoming university students.
However, Mayfield’s residents rejected the proposal, possibly due to uncertainties about
the university’s success.
As an alternative, the Stanfords, with the help of Timothy Hopkins, bought 700 acres
of farmland north of Mayfield and eventually settled on the name “Palo Alto.” Palo
Alto was a “dry town” where liquor sales were restricted. Within a few years, Palo Alto
flourished. In 1894, the town’s residents were confident enough to incorporate, and city
leaders took steps like establishing civic control over the water supply, a municipal gas
system, and an electric power plant.
Meanwhile, Mayfield remained a blue-collar town with a thriving alcohol industry.
However, Stanford University’s establishment attracted newcomers to Palo Alto, and
Mayfield faced a decline due to changing demographics. In the early 20th century,
Mayfield shut down its saloons, but it couldn’t rival Palo Alto’s growth and success. In
1925, Mayfield residents voted to merge with Palo Alto, and as a result, Mayfield ceased
to exist, with its downtown area renamed as California Avenue.
Modern History
Red Lining
Palo Alto experienced significant population growth in the early 20th century,
expanding from around 1,500 residents in 1900 to 6,000 by 1920. However, during
this period, the town implemented discriminatory practices against Black and Asian
populations. The Chamber of Commerce passed a resolution aiming to segregate
incoming minority residents into a specific district. Realtors in the area implemented
these policies using techniques like block-busting, white-only deed restrictions, and
refusing to insure mortgages in non-white neighborhoods. These actions pushed
minority buyers into East Palo Alto, which was incorporated as a city in 1983 and
initially had a 60% Black population, in stark contrast to Palo Alto’s 2.3% Black
population. While East Palo Alto’s racial makeup has shifted towards a predominantly
Hispanic or Latinx population, the legacy of racial discrimination through segregational
real estate practices and unequal housing opportunities persists, reflecting the ongoing
impact of redlining in Palo Alto.
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20th Century Economic Growth
In the early 20th century, both Stanford University and Palo Alto experienced
significant growth. The town’s expansion included the extension of the streetcar line
along University Avenue, stretching to Oregon Avenue south of Embarcadero Road.
Despite the economic challenges of the 1930s, the town fared relatively well, thanks
in part to the presence of the university. Professors and staff continued their teaching
and research, supporting local businesses with their modest incomes. Lucie Stern,
an heiress to the Levi Strauss fortune, played a significant role in funding various
community projects, such as the Community Theatre, Children’s Theatre, Children’s
Library, and the Sea Scout Building before World War II.
During this time, Palo Alto solidified its position as a hub for science and technology
as graduates of Stanford University began developing their own companies. For
instance, William Hewlett and David Packard graduated with degrees in electrical
engineering from Stanford University in 1935 and subsequently founded the company
Hewlett-Packard, more commonly known as HP. The company was began in a one-
car garage near Stanford. During this time, they developed their first successful HP
computer products, which laid the foundation for Silicon Valley, the world’s first high-
technology region. Other ventures in Palo Alto have contributed significantly to the
development of technology, including the Federal Telegraph Company’s research in
radio communications and television and Varian Medical Systems’ contributions to
radiosurgery and x-ray tube technology.
Following World War II, Stanford University faced financial challenges. However, with
a significant land endowment at their disposal, Frederick Terman, who served as both
the Provost of Stanford University and the Dean of Engineering, proposed the concept
of establishing a research and development-focused business park to the City of Palo
Alto. Terman, known for his encouragement of students to launch their electronics
companies in the region, aimed to retain talent within California. This visionary park
was designed not only to provide income for the university but also to bolster the local
tax revenue. In collaboration with the City of Palo Alto, Stanford University officially
established the Stanford Research Park (SRP) in 1951. The SRP contained over 150
businesses, including Hewlett-Packard, Tesla Motors, TIBCO, and VMware, it has
historically been home to notable enterprises like Steve Jobs’s NeXT Computer, Xerox
PARC, and Facebook. The Stanford Research Park was a driving force in Silicon Valley
and the very heart of the tech hub.
Despite the many major companies popping up throughout the city, Palo Alto’s early
economy was not made up entirely of tech companies. The Stanford Shopping Center,
along with the relocation of the Stanford Medical Center from San Francisco in 1959,
served as pivotal drivers of economic expansion for Palo Alto.
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Thousands of new homes were built to accommodate the growing population, which
more than doubled from 25,000 to 55,000 by 1960. Despite the ongoing challenges of
accommodating a rapidly expanding population and numerous businesses, Palo Alto
continues to thrive in the heart of Silicon Valley.
Fairchild Semiconductor
Another notable tech company that established itself in Palo Alto was Fairchild
Semiconductor, circa 1957. Fairchild invented one of the first commercially producible
integrated circuits. They capitalized on the national urgency to advance aerospace
electronics, leading to the rapid development and acceptance of a new kind of silicon
transistor. This venture outfitted an R&D facility in Palo Alto, where they developed
new processes and equipment. Palo Alto became a key location for their innovation
efforts, and Fairchild’s rapid growth in revenue and impact on the local community can
be compared to that of Google 40 years later. The founding of Fairchild Semiconductor
and other prominent tech companies helped established the site as the birthplace of
innovation that has shaped modern technology and propelled Silicon Valley into a
global tech hub.
Historic Context: Site
Zoning
The project site’s historical landscape differs significantly from the industrial buildings
and office parks we see today. Originally, the San Antonio corridor area was zoned
for residential use, with sparse development and lots of open space. However, the
transformation began in 1951, when the Palo Alto City Council decided to establish
Interim Zoning Regulations in the San Antonio Road Annexation. Subsequently, on
March 10, 1952, the Council approved an amendment to Ordinance No. 1320. This
amendment changed the zoning from “R-3” to “M-1” (light industrial) and “L-M-S” to
“M-2” (commercial, manufacturing, and industrial) in the area northeast of Charleston
Road and San Antonio Road. This shift essentially converted the region from
undeveloped residential into Palo-Alto’s hub of light industrial activity.
In November 2006, 901 San Antonio Ave underwent a significant zoning change,
transitioning from a General Manufacturing District (GM) to a Planned Community
(PC) to accommodate the Jewish Community Center project. By 2007, a series of zoning
transitions occurred in and around the project site, converting areas from Medium
and High-Density Multiple-Family Residence Districts to Service Commercial and
Neighborhood Commercial zones. It appears that the city authorities recognized an
opportunity for improved economic sustainability by permitting increased industrial
activity within the region.
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agreement-community-benefits/
Russo, C. (2020, June 28). Un-forgetting the segregationist history of Palo Alto (and
Daly City, and San Francisco, and…). | Palo Alto Online |. Retrieved December
4, 2023, from https://paloaltoonline.com/news/2020/06/28/un-forgetting-the-
segregationist-history-of-palo-alto-and-daly-city-and-san-francisco-and
Takei, G., Eisenger, J., & Scott, S. (n.d.). 2021-2022 School Accountability Report
Card. Jane Lathrop Stanford (JLS) Middle School. Retrieved December 4,
2023, from https://resources.finalsite.net/images/v1692229989/pausdorg/
dv3vwv643vedm3q8k5mi/2022_School_Accountability_Report_Card_Jane_
Lathrop_Stanford_Middle_School_230717.pdf
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City of Palo Alto, San Antonio
Road Corridor Concept Plan
Alternatives Report
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Table of Contents
Introduction .................................................................................................................................................................................. 3
Land Use Alternatives ............................................................................................................................................................... 6
Alternative 1............................................................................................................................................................................. 6
Alternative 2............................................................................................................................................................................. 9
Alternative 3.......................................................................................................................................................................... 11
Transportation Alternatives ............................................................................................................................................... 13
Alma Stret to Middlefield Road ..................................................................................................................................... 15
Middlefield Road to East Charleston Road .............................................................................................................. 19
East Charleston Road to Terminal Boulevard ........................................................................................................ 24
Alternatives Evaluation......................................................................................................................................................... 28
Land Use.................................................................................................................................................................................. 28
Transportation ..................................................................................................................................................................... 30
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Introduction
The City of Palo Alto must plan for creating 6,086 dwellings in the next eight years to fulfill its
Regional Housing Needs Allocation. The City’s plan encompasses a range of strategies. These
include easing density restrictions in existing multifamily districts, exploring construction on
city-owned parking lots, collaborating with Stanford on housing developments, and encouraging
accessory dwelling units. The City has also identified a strategy to rezone manufacturing and
light-industrial zones around San Antonio Road and Fabian Way to facilitate the redevelopment
of existing commercial buildings with 1,185 housing units. Along with the facilitation new
housing units, the City is seeking to improve current transportation conditions around San
Antonio Road and Fabian Way by connecting varied land uses and promoting multi-modal
access.
The San Antonio Road Corridor, spanning approximately 260 acres, is situated at the easternmost
edge of Palo Alto, bordering Mountain View. It is located close to major technology companies
in Silicon Valley, such as Google, Facebook, and Apple, and has fueled significant residential
and commercial development. Accessibility through major highways, including Highway 101
and El Camino Real, further positions the corridor as a vital link to neighboring cities, airports,
and the broader Bay Area.
The corridor centers San Antonio Road, one of Palo Alto’s main arterial road that connects
Highway 101 to SR 82, making it a high-volume traffic and trucking route through the city. Other
arterial roads within the project boundary also support heavy traffic traveling through and along
the corridor. Alma Street was the most traveled arterial road, with 28,895 vehicles total along the
section between East Charleston Road. The project is in close proximity to the San Antonio
Caltrain Station which connects people to employment centers and leisure activities in
surrounding cities. There are several bus routes serving the corridor including the VTA Route 21,
VTA Route 40, and the ACE Orange Shuttle. Despite these public transportation services,
ridership is substantially low citywide and was further exacerbated by the COVID -19 pandemic.
Bicycle and pedestrian facilities are minimal with a lack of bike lanes and sidewalks throughout
the corridor.
The project boundary for San Antonio has multiple land use designations.
Research/Office/Limited Manufacturing (ROLM) and General Manufacturing (GM) zones
constitute 57 percent of the project area, primarily in the north half. ROLM zones permit specific
office, research, and manufacturing activities within a park setting, aiming for larger spaces with
access to natural light and air. The ROLM district targets areas designated for research and office
park use in the Palo Alto Comprehensive Plan.
Residential zones, constituting 15 percent of the project area, are concentrated in the southern
half, south of East Charleston Road. Single Family Residential (R -1) aims to establish standalone
homes with an emphasis on natural surroundings and open spaces. The various zones allow for
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accessory dwelling units, junior accessory dwelling units, and accessory structures or buildings.
Two-Family Residential (R-2) permits a second dwelling unit, with regulations in place to
maintain the single-family character. Low-Density Multiple-Family Residential (RM-20) acts as
a transitional zone, while Medium-Density Multiple-Family Residential (RM-30) aims to create
neighborhoods for multiple-family housing.
The City envisions transitioning the San Antonio Corridor from industrial land uses to create new
housing opportunities with improved transportation conditions. Comprehensive planning is
deemed essential to ensure future residents have access to necessary amenities and services,
fostering the development of a new residential neighborhood. This includes identifying gaps,
such as the need for parks, safer bicycle and pedestrian facilities, and access to neighborhood
schools. The City's recently adopted Sustainability goals empower the integration of land use and
transportation planning, with the overarching objective of expanding a city segment while
concurrently reducing Vehicle Miles Traveled (VMT). This ambitious undertaking reflects the
city's commitment to sustainable and well-planned urban development.
Project Area Hazards
Students produced an Existing Conditions Report for the project area to understand the strengths
and weaknesses that already exist along the corridor. Environmental concerns proved to be a key
weakness. The San Antonio Corridor has seven relevant environmental hazard scenarios that
were considered in the land use alternative evaluation. Development alternatives were impacted
by FEMA flood zone AE (100-year flood), high liquefaction susceptibility level, hazardous
material sites with land use restrictions, sea level rise scenarios for 24 inches and 55 inches, and
noise contours at 65 dBA and 70 dBA. The environmental hazard map , depicted in Figure 1,
identifies a hazard value from zero to eight for each parcel calculated based on the number and
severity of hazards on the parcel. The lower risk hazards, SLR 55 inches, and noise 65 dBA were
given one point, and all higher risk hazards were given two points with total values expressing
the relative environmental hazard risk. Flooding, sea level rise, and liquefac tion are concentrated
on the northern end of the site closest to the San Francisco Bay. Relevant noise contours are
adjacent to Highway 101.
Due to these identified hazards, all land use alternatives in this document try to minimize the
number of homes and residents in hazard-prone areas. It is not uncommon for buildings to be
constructed along a highway or in a sea-level rise risk area, but avoiding this could avoid major
challenges in the future.
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Figure 1: Environmental Hazard Map
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Land Use Alternatives
The land use alternatives include a baseline with no-change scenario, a 1,200-unit scenario, and a
2,000-unit scenario. The 1,200-unit alternative addresses the 1,185 units that the City identified
in their strategy to rezone manufacturing and light-industrial zones around San Antonio Road
and Fabian Way to facilitate redevelopment. The 2,000-unit alternative accommodates more
units with relatively little change to the proposed land use and zoning changes. The City has
6,086 units to accommodate so increasing housing beyond the 1,185 units may be useful for the
City goals.
Alternative 1
Alternative 1 serves as a baseline scenario in alignment with the current 2030 Comprehensive
Plan. It represents a no-change scenario, wherein no proposed density adjustments or alterations
to existing land use designations (as indicated in Table 1) are considered. The current land use
designations, illustrated in Figure 2, remain unchanged in this scenario. It is assumed in
Alternative 1 that all ongoing pipeline projects will be executed as planned.
Table 1 - Description of Land Use Designations
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Land Use
Designations
Allowed
Density/FA
R
Single-Family
Residential
Residential neighborhoods are characterized by detached
single-family homes, typically with one dwelling unit on
each lot.
1-7 du/ac
1-14 du/ac*
Multi-Family
Residential
Residential neighborhoods are characterized by three or
more dwelling units, which may be in the same building
or separate buildings on the same site.
8-40 du/ac
8-90 du/ac
Mixed-Use It is intended to promote pedestrian-oriented places that
layer compatible land uses, public amenities, and utilities
together at various scales and intensities.
1.15 FAR
Service
Commercial
Facilities providing citywide and regional services and
relying on customers arriving by car. Typical uses include
auto services and dealerships, motels, lumberyards,
appliance stores, and restaurants, including fast service
types.
0.4 FAR
Neighborhood
Commercial
Includes shopping centers with off-street parking or a
cluster of street-front stores that serve the immediate
neighborhood. Typical uses include supermarkets,
bakeries, drugstores, variety stores, barber shops,
restaurants, self-serve laundries, dry cleaners, and
hardware stores.
0.4 FAR
Light Industrial Wholesale and storage warehouses and the manufacturing,
processing, repairing, and packaging of goods.
0.5 FAR
Research/
Office Park
Office, research, and manufacturing establishments whose
operations are buffered from adjacent residential uses.
0.3-0.5 FAR
*On parcels where second units or duplexes occur
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Figure 2: Existing Land Use Designations
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Alternative 2
Alternative 2 aims to achieve an additional 1,200 housing units in the San Antonio Road
corridor. This plan incorporates a significant increase in mixed-use and multi-family
development. The alternative proposes land use changes from light industrial to mixed-use,
service commercial to mixed-use, light industrial to multi-family, and service commercial to
multifamily. The alternative includes an additional 840 units of mixed-use housing (24 dwelling
units per acre) and 442 units of multi-family housing (50 dwelling units per acre), as depicted in
Figure 3.
This alternative responds to the growing demand for diverse housing options and urban
amenities. The proposed land use changes, such as transforming areas from light industrial to
mixed-use and service commercial to multi-family, signal a shift towards a more vibrant and
integrated community. The solution optimizes land utilization and creates a more sustainable,
walkable, and socially connected urban environment. By diversifying housing types an d
promoting medium-density development, Alternative 2 envisions a corridor that not only
accommodates increased housing demand but also establishes a resilient and dynamic
community.
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Figure 3: 1,200 Housing Unit Scenario
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Alternative 3
Alternative 3 is geared toward adding 2,000 dwelling units with an emphasis on workforce
housing. This alternative proposes adding 1,575 units as mixed-use (38 dwelling units per acre)
and adding 427 units as multi-family (77 dwelling units per acre), as depicted in Figure 4. Like
Alternative 2, this alternative also proposes changing the land used in several areas. All Service
Commercial and Neighborhood Commercial land uses would be changed to Mixed -Use. About
half of all the Light Industrial land uses in the project area will also be changed to Mixed-Use
with a small portion solely being Multi-Family.
Alternative 3 would help provide a portion of the workforce housing that Google and other
companies need in this area. Google employs more than 34,000 people in the Bay Area alone.
20,000 of those employees work in Mountain View, with 1,000 more working in Palo Alto. To
minimize employee commute times, Google envisions the construction of approximately 13,000
housing units across the South Bay Area. Palo Alto and the San Antonio Road Corridor can be a
focal point for the needed workforce housing along with the overall need for more housing
throughout the Bay Area and the state.
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Figure 4: 2,000 Housing Unit Scenario
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Transportation Alternatives
The San Antonio Road Corridor is encompassed by Terminal Boulevard to the north and Alma
Street to the south and includes Fabian Way. Transportation on the corridor primarily consists of
vehicular traffic and trucking with Class-II and Class -III bike lanes and sidewalks throughout.
With a projected increase in housing in the corridor, the current infrastructure is not sufficient to
maintain a potentially high volume of vehicle and pedestrian traffic. Safety for pedestrians and
bicyclists using San Antonio Road is at risk with trucking and other traffic and a lack of bike
lanes. In addition, access to the nearby Google campus and the Baylands is disconnected from
the project area with few connections across US 101.
To discuss transportation alternatives, the San Antonio Road Corridor is broken into three
sections - Alma Street to Middlefield Road, Middlefield Road to East Charleston Road, and East
Charleston Road to Terminal Boulevard. These sections are further divided into three types of
alternatives - existing conditions, a low-cost alternative, and a high-cost alternative. The existing
conditions alternative reflects the corridor as it exists today without any changes, while the other
two scenarios imagine different facilities stratified by estimated cost. These three alternatives
give the City the flexibility to choose pedestrian and bicycle improvements based on anticipated
need and available resources. In some cases, the existing conditions or low-cost alternative will
meet the City’s goals for the corridor, while in others the high-cost alternative may be more
appropriate. The City may also benefit from different alternatives when seeking funding to
implement corridor safety improvements.
All transportation alternatives are illustrated in a map of the San Antonio Road Corridor (Figure
5). However, because of the large scale of the project site, it is difficult to see all the alternatives
on one map. Therefore, dividing the corridor into three sections improves the readability of the
illustrations, making it easier for people to conceptualize the proposed alternatives. Each of the
three corridor sections presents three types of alternatives. Existing conditions are the alternative
type where there are no changes made to the current street designs and intersections. The low -
cost alternative is the more cost-effective option to implement. This can include the restriping of
traffic lanes or adding street furniture. The high-cost alternative involves more expensive
implementation measures such as repaving streets and safer bicycle lane buffers.
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Figure 5: Transportation Alternatives Section Map
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Alma Street to Middlefield Road
Existing Conditions
The existing portion of Alma Street to Middlefield Road. From the interchange heading
northbound, two travel lanes extend towards the intersection with Middlefield Road, with
merging lanes on and off the road. From Nita Avenue to the intersection, there are non -
continuous sections of street parking available. San Antonio Road widens at the intersection to
incorporate two turn lanes towards Middlefield Road. Traveling southbound, San Antonio Road
consists of two travel lanes, with a third turning lane into B yron Street and Nita Avenue. South
of Byron, the frontage road of San Antonio Avenue runs along the main Road. There is one
vehicle underpass between the southernmost portion of San Antonio Road and the Alphabet
office park. There is no bike infrastructure in this section. Pedestrian crossings exist at the
intersection of San Antonio Road and Middlefield Road, and the intersection of Nita Avenue and
San Antonio Road.
Low-Cost Alternative
This section of the San Antonio Road corridor extends from the crosswalk across Alma to the
San Antonio Caltrain station to the intersection with Middlefield Road. Along the northbound
side of San Antonio Avenue, a two-lane cycle track will run alongside the median between the
Avenue and Road. The cycle track will have a total width of eleven feet and will be protected by
flexible bollards. The intent of having a northbound cycle track is to reduce conflict points with
cyclists and vehicles moving in and out of their driveways. At the point where San Antonio
Avenue ends, at the intersection with Byron Street, the cycle track will continue along the turn
lane with further bollard protection. Figure 6 depicts the low-cost street section.
Figure 6: Low-Cost alternative section, facing south.
High-Cost Alternative
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The high-cost alternative will retain the two-lane cycle track, with further protection provided
from raised curbs and planters providing further protection. A second Class -II protected cycle
lane along northbound San Antonio Road will provide an alternative for cyclists to access
locations on the east side of the road. Another pedestrian improvement will be the addition of a
midblock pedestrian crossing at the intersection of Ferne Avenue, San Antonio Avenue, and San
Antonio Road (Figure 7). This crossing will ideally be signalized with a HAWK crossing.
At the south end of San Antonio Avenue, at the intersection of Briarwood Way, some
intersection redesigns would improve pedestrian and cyclist safety when crossing under San
Antonio Road (Figure 8). The triangular buffer will be removed, allowing for the proposed cycle
track to continue through the intersection. In doing this, the right-turn lane onto San Antonio
Road will be removed, but the intersection will remain open to allow for appropriate turning. The
Section 1 map provides an overview of the changes in the context of the corridor (Figure 9).
Figure 7: High-Cost alternative section, facing south.
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Figure 8: San Antonio Avenue and Briarwood Road intersection.
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Figure 9: Section 1 overview
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Middlefield Road to East Charleston Road
Existing Conditions
At the southern end of the section, there are five lanes at the intersection of Middlefield Road
and San Antonio Road, with three turn lanes and two travel lanes. Between the intersections of
Middlefield and East Charleston, San Antonio maintains two travel lanes in each direction. In
addition, on-street parking is available along both sides. At the intersection of San Antonio Road
and Leghorn Street, northbound and southbound San Antonio Road have four turn lanes. Bike
infrastructure consists of a sharrow along each direction of travel. Pedestrian crossings are at the
intersection of San Antonio Road and East Charleston, Leghorn, and Middlefield. In the
northernmost part of San Antonio Road there is a single southbound lane for parking purposes
that merges back onto the main right-of-way.
Low-Cost Alternative
The second section of the San Antonio Road corridor extends from Middlefield Road to East
Charleston Road. This section is in between the corridor’s two major intersections and includes a
street frontage designated for parking. The low -cost alternative for this section is to transform the
current frontage that is dedicated to vehicular parking into a continuation of the bollard -separated
cycle track presented in the previous section. The cycle track will provide Palo Alto cyclists with
enhanced safety and comfort. At the same time, they travel up and down the corridor without
major conflict with cars and trucks driving along San Antonio Road. In addition to the cycle
track, the remaining frontage space will be converted into a parklet designed to attract
pedestrians and vibrant street activities into the public space. With amenities such as outdoor
seating spaces, plantings, and bicycle parking, the parklet will benefit surrounding businesses
while also serving as a core community space for the San Antonio Road corridor. The pairing of
the parklet and the cycle track creates an attractive and welcoming entrance into the corridor for
pedestrians, cyclists, and drivers. See Figure 10 for an illustration of the low-cost street section.
Figure 10: Low-Cost alternative, facing south.
High-Cost Alternative
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The high-cost alternative for this section will keep the same cycle track proposed as the low -cost
alternative. However, concrete or vegetated buffers will replace the flexible bollards that separate
the cycle track from vehicular traffic (Figure 11). This will increase user safety by providing a
physical buffer that can stop most vehicles with a more visually appealing separation. A linear
park will be constructed instead of a parklet in the remaining frontage area. The park will include
a vegetated pathway and outdoor seating to encourage movement and relaxation. In addition,
bioretention basins and low-impact development will be incorporated into the park design to
address flooding and runoff concerns. With more people drawn to the park, the use of the cycle
track as an alternative mode of transportation will be more successfully promoted. A protected
bike lane going northbound on San Antonio Road is another proposal for this section. This bike
lane provides an alternative to the two-lane cycle track along San Antonio Road so that cyclists
will not have such difficulty biking to the surrounding area.
The linear park will only extend to the end of the street frontage section to make use of the
existing space there. However, the cycle track will continue along the entire section from
Middlefield Road to East Charleston Road. The continuation of this track will replace the
existing parking lane that is parallel to the traffic lanes. The existing parking lane transitions into
a right-turn lane at the Middlefield Road intersection. For this proposal, the right turn lane will
be designated for the cycle track and the traffic lane going straight will be converted into a right
turn and straight lane (Figure 12). The proposed Middlefield Road intersection changes can be
seen in the birds’ eye view map in Figure 13. The Section 2 map provides an overview of the
changes in the context of the corridor (Figure 14).
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Figure 11: High-Cost alternative, facing south.
Figure 12: Street section of Middlefield Road facing north.
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Figure 13: Middlefield Road and San Antonio Road intersection.
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Figure 14: Section 2 overview.
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East Charleston Road to Terminal Boulevard
Existing Conditions
Two travel lanes in either direction continue after the intersection of East Charleston and San
Antonio Road. At the intersection, the southbound lane widens to incorporate three more turn
lanes. Along the northbound lanes, there are merging lanes accessing and exiting the light
industrial/office park area. San Antonio Road passes over Highway 101 with a partial cloverleaf
interchange. There are low-quality pedestrian crossings across the interchange. At the north end
of San Antonio lies the entrance to the Baylands Nature Preserve Trail. At Fabian Way, there are
two travel lanes in the north and southbound directions. Four mid-block pedestrian crossings
exist between East Charleston Road and East Meadow Drive. This portion of Fabian Way
includes a Class-II bike lane in either direction. A multimodal pedestrian bicycle bridge crosses
Highway 101 just outside of the project site.
Low-Cost Alternative
The third section of the San Antonio Road project area extends from East Charleston Road to
Terminal Boulevard, which is the northernmost street before the Baylands. This section also
includes Fabian Way and adjacent land area and extends to Industrial Avenue. The Low-Cost
Alternative for this section continues the two-way cycle track presented for the other sections. At
the San Antonio Road and East Charleston Road intersection, the cycle track will end and merge
into the existing Class-II bike lanes on East Charleston Road. These bike lanes run in each
direction of the road and off-site. The cycle track will then pick up on the west side of Fabian
Way and continue to Federation Way. From there, the cycle track will move west toward Adobe
Creek, where it will run on the existing pathway until reaching the pedestrian bridge that crosses
West Bayshore Drive and US 101. This alternative proposes no bike lanes on San Antonio Road
north of East Charleston Road.
A benefit of this alternative is that it presents the option of revitalizing Adobe Creek to better
incorporate the cycle track with other pedestrian-friendly elements. The existing bikeway is wide
enough for pedestrians and has a bike-friendly infrastructure but lacks the aesthetics needed to
entice people to use it. The cycle track would make use of the existing multi-modal bridge that
connects to Adobe Creek Loop Trail, therefore not requiring additional expansion and saving
funding for other uses. In addition, having the cycle track along Adobe Creek as opposed to
along Fabian Way increases safety for cyclists by reducing interaction with vehicles. However,
having the cycle track discontinued along East Charleston Road is a potential consequence.
Cyclists would have to switch from cycle track to standard bike lane to cycle track to continue
their ride, which poses some safety concerns when crossing a busy roadway. This alternative
assumes that changes to building footprints and zoning proposed in the Land Use Alternative
portion of this document are used.
High-Cost Alternative
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The high-cost alternative for this section proposes the same cycle track infrastructure that the
low-cost alternative proposed. However, this two-way cycle track will be accompanied by
another stretch of cycle track that branches off from East Charleston R oad, up Industrial Avenue,
and connects directly to the Google campus across US 101 via a new pedestrian bridge. This
pedestrian bridge will be multi-modal and allow for the cycle track and pedestrian right-of-way
to be maintained. The cycle track will utilize part of Industrial Avenue through a development
proposed in the Land Use Alternative portion of this document and will provide additional
connections for new residents and businesses. Like the low cost, this cycle track increases cyclist
safety by minimizing conflict with vehicles and provides a safe passage over the freeway. The
construction of a new pedestrian bridge is what puts this alternative at a high cost and there must
be communication with Caltrans.
To make the cycle track and Class-II bike lanes function properly, the intersection of San
Antonio Road and East Charleston Road must become a protected intersection. San Antonio
Road, facing south at this intersection, will remove a left turn lane in favor of widening the
sidewalk and parkway (Figure 15). This will allow all four corners to align straight, resulting in
smoother travel for pedestrians and bicyclists. A protected intersection will provide safer
crossing for bicyclists and pedestrians with enhanced pedestrian signals, curb extensions, and
clear striping and signage. Protected intersections aim to slow down vehicle turns while
increasing yield to pedestrians and bicyclists. In addition, curb extensions and corner islands
reduce the distance for pedestrians to cross the road. The cycle track will have its cross button
and entrance that seamlessly merges with the standard East Charleston Road bike lanes, allowing
for easy travel throughout the corridor. San Antonio Road is a trucking road, so this protected
intersection would make it difficult for potentially large trucks and buses to make turns in the
minimal space provided. Figure 16 depicts the proposed protected intersection. The Section 3
map provides an overview of the changes in the context of the corridor (Figure 17).
Figure 15: Low-Cost alternative, facing north.
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Figure 16: East Charleston Road and San Antonio Road intersection.
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Figure 17: Section 3 overview.
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Alternatives Evaluation
This studio used ArcGIS Urban to compute a series of comparable metrics related to housing,
land use, and the environment. These metrics are meant to help provide an easy means of
comparison between the different land use alternatives. The transportation alternatives are
compared through cost estimates for the proposed infrastructure.
Land Use
Table 2: Land Use Metrics
METRIC EXISTING
CONDITIONS
ALTERNATIVE #1
(1200 UNITS)
ALTERNVATIVE
#2 (2000 UNITS)
Population 9,578 10,589 10,667
Energy Use 4.64M kWh/d 4.63M kWh/d 4.63M kWh/d
CO2 Emissions 4.64M lb./d 3.31M lb./d 3.31M lb./d
Wastewater 3.09 gal/d 3.19M gal/d 3.19M gal/d
Daily Trips 1.35M/d 1.44M/d 1.43M/d
Daily Trips
Daily trips measure the number of motor vehicle trips based on a 24-hour basis. The daily trip
calculation was estimated based on the equation daily trips=(net space area x trips per area) +
(population x daily trips per person) + (households x daily trips per household) + (jobs x daily
trips per job). There was a .10M/d trip increase between the existing conditions and the first
alternative due to an increase in population and households. There is a minimal difference
between alternative 1 and alternative 2; however, there is are a .01M/d decrease in daily trips in
the second alternative because of the decrease in jobs in the area. The transportation analysis
reveals an increase in daily trips from existing conditions to the proposed alternatives, which is
driven by population household growth, and employment.
Population
The population metric calculates the holding capacity for the project area. The population
metrics for the different alternatives were determined using the net land use area and a square-
foot per person factor. The net land use area refers to the total area of the site. The difference
between the three alternatives is determined by the change in net land use area.
The area per person for residential multi-family is 405 sq ft. The more multi-family residential
units there are, the smaller the net area per person, leading to a larger population. For instance,
the 2,000-unit alternative has more multi-family units compared to the 1,200-unit and existing
conditions alternatives, resulting in a larger population for the 2,000-unit alternative.
CO2 Emissions
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Carbon dioxide emissions measure the amount of carbon dioxide generated in pounds per day by
the jobs and population in the project area. CO2 emissions are calculated based on the combined
population and jobs emissions. Jobs are multiplied by emissions per job and population is
multiplied by emissions per person.
The existing conditions generate 1.33 M lb./d more CO2 emissions than the two proposed
alternatives. In both alternatives the number of jobs on site decreases and the population
increases with the transition of commercial and light industrial land uses to housing. The
decrease in job related CO2 emissions is greater than the increase in population related CO2
emissions therefore the total CO2 emissions for the alternatives is lower than the existing
conditions. The two alternatives have the same CO2 emission generation estimates based on
rounding despite differences in the jobs and population calculations for each alternative.
Energy Use
Energy use is measured in kilowatt hours per day based on jobs and population for the project
area. The energy use total is calculated based on the combined population and jobs energy use.
Jobs are multiplied by energy use per job and population is multiplied by energy use per person.
Each job type has a different energy use.
The existing conditions use 0.1 M kWh/d more energy than the two proposed alternatives. In the
proposed alternatives there is an increase in population and a decrease in jobs because of the
proposed land use changes. There is an increase in housing and decrease in commercial and light
industrial land use in both alternatives. The total energy use decreases in the alternatives because
the decrease in job related energy use is greater than the increase in population related energy
use. The two alternatives have the same total energy use estimates based on rounding despite
differences in the jobs and population calculations for each alternative.
Wastewater
The wastewater metric measures the amount of waste produced per day by the and jobs in the
area. For each of the three land use alternatives the amount of wastewater produced was
calculated to understand the impact of each scenario. This metric used the following calculations
to determine wastewater produced: population multiplied by wastewater per person, plus jobs
multiplied by wastewater per job. Different job types have different wastewater production
factors.
Alternative 1 and alternative 2 both produce .010 gal/d more than the existing conditions
scenario. In the proposed alternatives there is an increase in the number of housing units.
Alternative 1 adds 1,200 housing units and alternative 2 adds 2,000 housing units. This increase
in the number of housing units results in a small increase in the amount of wastewater produced.
Alternative 1 and alternative 2 produce the same amount of wastewater per day at 3.19M gal/d
and the existing conditions produce 3.09 gal/d.
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Transportation
Table 3: Transportation Cost Metrics
METRIC LOW-COST HIGH-COST
Cycle Track $1,136,520 $9,905,280
Pedestrian Bridge - $26,000,000
HAWK Signals - $116,000
Protected Intersection - $650,000
Linear Park - $860,000
Street Restriping $58,000 $58,000
Total $1,194,520 $37,589,280
Low-cost
The Cycle Track cost valuation was gathered using the costs of the San Pablo Bicycle and
Pedestrian Corridor study. The high-cost and low-cost estimates were generated based on the
cost per foot. The low-cost estimate of the cycle track will be $123 per foot for 1.75 miles. The
low cost consists of installing bollards as a measure of dividing the street from the cycle track.
High-cost
The Cycle Track cost valuation was gathered using the costs of the San Pablo Bicycle and
Pedestrian Corridor study. The high-cost and low-cost estimates were generated based on the
cost per foot. The high-cost estimate is considered to be $1,072 per linear foot which includes a
curb-separated cycle track stretching 1.75 miles. The pedestrian bridge estimate reflects the cost
of the Highway 101 Pedestrian & Bike Bridge Project that was completed in 2021. That cost was
$22.8 million. Assuming the same bridge design and construction methods are used, the cost of
the new bridge, adjusted for inflation, is $26 million. HAWK signals cost an average of $58,000
per unit, according to the Federal Highway Administration, bringing its total cost to $116,000.
The $650,000 cost of the protected intersection construction is based on estimates listed in the
2020 Berkeley Pedestrian Plan. In addition, the cost to construct a linear park is roughly $50 per
square foot. This estimates the approximately 17,200 square foot linear park to cost $860,000.
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Community Outreach Summary 1/24
City of Palo Alto
San Antonio Road
Corridor Plan
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Introduction
Activity 1: Mad-Libs Visioning
Activity 2: Lego Mapping
Key Findings
Appendix
10
16
4
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Table of Contents
3
Community Outreach Summary
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Community Outreach Summary
Introduction
Students from the Cal Poly, San Luis Obispo’s City and Regional Planning Department
are working in collaboration with the City of Palo Alto to develop a concept report for
the San Antonio Road corridor, from the Baylands to Alma Street. The goal of the report
is to detail how the area can accommodate 1,185 new homes to help the City achieve
its housing goals. As a part of this effort, Cal Poly students will be hosting community
outreach events. These events serve as opportunities for the community to provide
feedback about the project.
On the evening of January 24th, 2024, Cal
Poly students led a community workshop
at the Mitchell Park Community Center.
The purpose of the workshop was to
engage the community in a shared
visioning process for the corridor and
understand community attitudes toward
growth and development in the area.
This report serves as both a summary of
community engagement and a catalog of
all recorded input provided by participants.
This report serves as a concise overview
of our second outreach initiative held in
January 2024. It encapsulates the engaging
activities, such as Mad-Libs Visioning and
Lego Scenarios, carried out during our
community workshop in Palo Alto and the
San Antonio Road Corridor.
Figure 1: Community members and Cal Poly students listening to the workshop presentation
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Community Outreach Summary
Ac tivity #1: Ma d-L ib s Activity #1: Mad-Libs
Visioning
The Mad-Libs Visioning activity challenged participants to create a vision statement for
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where players are prompted to provide a list of words to substitute for blanks in a story
before reading aloud.
)RUPLQXWHVSDUWLFLSDQWVDWHDFKRIWKHQLQHWDEOHVFROODERUDWHGWRˋOOLQWKHHPSW\
VSDFHVZLWKZRUGVDQGSKUDVHVWKDWˋWWKHLUYLVLRQXVLQJDWHPSODWHFUHDWHGE\&DO3RO\
students (see Figure 2). Once complete, each table shared their vision statement with
the other participants. Each table’s vision statement helped guide their decisions in the
Lego Scenarios activity.
The subsequent pages show the results of the Mad Libs Visioning activity. Each page
corresponds to a separate sentence and blank within the Vision Statement. Responses
were collected and arranged with the most commonly repeated words or phrases at the
top.
Figure 2: Mad libs vision statement template
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Activity #2: Lego
Scenarios
The Lego Scenarios activity tasked participants with
placing at least 1,200 homes on the project area base map.
Participants could add other uses such as commercial, light
industrial, greenspace, and “Your Big Idea”. Participants
could place bricks anywhere on the map, regardless of
existing buildings, land use, or zoning and could stack bricks
to indicate increased density. Participants could also create
mixed-use stacks by placing different color land use bricks
on top of each other.
Each yellow brick represented ten homes per acre of
residential. Each red brick represented one acre of
commercial space. Each gray brick represented one acre of
light industrial space. Each green brick represented one acre
of parks/open space. Each blue brick represented “Your Big
Idea”, which could be anything from a new school, more
restaurants, a stadium, etc.
The following maps were created as a complication of all
9 group’s results. The maps were separated by the the land
use designation options (housing, commercial, open space,
industrial). The numbers on the map correspond to the
average amount of lego blocks placed in each area. The
average densities provide insight on the uses and densities
comunity members would like to see. See Appendix for the
lego maps created by each group during the workshop.
Figure 4: Instructions for the lego mapping activity handed out to each group.
Figure 3: Aerial view of group 3 lego scenario
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Community Outreach Summary
The community placed a high concentration of lego blocks designated for housing between East Charleston Road and Highway 101; a medium amount north of highway 101 and at the east of the corridor between 0LGGOHˋHOGDQG(DVW&KDUOHVWRQ5RDG DQGDORZDPRXQWEHWZHHQ$OPD6WUHHWDQG0LGGOHˋHOG5RDGDQGZHVWRIWKHFRUULGRUEHWZHHQ0LGGOHˋHOG5RDGDQG(DVW&KDUOHVWRQ5RDG
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The community placed a high concentration of lego blocks designated for commercial / mixed - use space between East Charleston Road and Highway 101; the remainder of the site alternates between low and medium concentrations with the low concentrations residing at the west of the corridor between Alma Street and East Charleston Road, and at the east of the corridor between Gideon +DXVQHU-HZLVK'D\6FKRRODQG0LGGOHˋHOG5RDG
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The community placed a high concentration of lego blocks designated for industrial use at the east of the corridor between East Charleston Road and Highway 101 and north of Highway 101. Very few locations were designated elsewhere throughout the site with a low concentration of blocks placed at WKHZHVWRIWKHFRUULGRUEHWZHHQ$OPD6WUHHWDQG0LGGOHˋHOG5RDGDQGZHVWRIWKHFRUULGRUEHWZHHQEast Charleston Road and Highway 101. There were no designations for industrial use at the remainder of the site.
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The community placed a high concentration of lego blocks designated for big idea recommendations at the north half of the project site, north of East Charleston Road. Below East Charleston Road, very few big ideas were generated with a low concentration of blocks placed on the southern half of the site.
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The community placed a high concentration of lego blocks designated for green space between East Charleston Road and Highway 101; a medium amount at the west of the corridor between Alma Street DQG0LGGOHˋHOG5RDGDQGQRUWKRIKLJKZD\ DQGDORZDPRXQWDWWKHHDVWRIWKHFRUULGRUEHWZHHQ$OPD6WUHHWDQG(DVW&KDUOHVWRQ5RDGDQGZHVWRIWKHFRUULGRUEHWZHHQ0LGGOHˋHOG5RDGDQG(DVWCharleston Road.
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Key Findings
• Community members generally supported an increase in housing, favoring mixed-
use developments integrating residential and commercial spaces.
• There was an emphasis on improved connectivity and accessibility, especially for the
San Antonio Road Corridor to connect with other parts of Palo Alto.
• Concerns were expressed about walking and biking and public transit, with a focus
on safe and accessible routes that serve the San Antonio Corridor.
• There was a desire for more green spaces, trees, and parks. This included a variety of
parks, green roofs, and tree-lined streets.
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Appendix
Lego Mapping
Table 1 Lego Mapping
Table 2 Lego Mapping
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Table 3 Lego Mapping
Table 4 Lego Mapping
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Table 5 Lego Mapping
Table 6 Lego Mapping
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Table 7 Lego Mapping
Table 8 Lego Mapping
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Table 9 Lego Mapping
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Appendix
Mad Libs
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: March 18, 2024
Report #:2403-2712
TITLE
Approval of Minutes from March 4, 2024 meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: March 4, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
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CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 4
Regular Meeting
March 4, 2024
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual
teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker
Present Remotely:
Absent:
Study Session
1. Study Session to provide early feedback about the proposed redevelopment of Buena
Vista Mobile Home Park at 3980 El Camino Real.
NO ACTION
Consent Calendar
Council Member Tanaka requested to pull Agenda Item Number 2.
Council Member Tanaka registered a no vote on Agenda Item Number 2.
MOTION: Vice Mayor Lauing moved, seconded by Mayor Stone to approve Agenda Item
Numbers 2-5.
MOTION PASSED ITEM 2: 6-1, Tanaka no
MOTION PASSED ITEMS 3-5: 7-0
2. Approval of a Purchase Order with Mobile Modular Management Corporation in the
Amount of $244,850, including $222,591 for Basic Services and $22,259 for Contingency,
to Provide and Install a Modular Building at 4000 Middlefield Road to Serve as a
Temporary Fire Station During Construction of the Fire Station 4 Replacement Capital
Project (PE-18004); CEQA Status - Exempt under CEQA Guidelines Section 15303
3. Approval of Office of the City Auditor FY2024 Task 4 Task Orders (CEQA Status - Not a
Project)
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4. Acceptance of the Office of the City Auditor's Quarterly Status Report for the Period of
October - December 2023
5. Approval of Professional Services Contract Number C24189371 with Kimley Horn and
Associates in an Amount Not to Exceed $178,559 for the Quiet Zone Study Services for
railroad crossings at Churchill Avenue, Meadow Drive, and Charleston Road for a term
ending December 31, 2025; CEQA – not a project.
Action Items
6. Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437
square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as
Recommended by the Parks and Recreation Commission. CEQA status - not a project.
MOTION: Council Member Veenker moved, seconded by Council Member Burt to:
1. Adopt a Park Dedication Ordinance (Attachment A) for the Tower Well site, 0.19 acres of
land (8,437 square feet) at 201 Alma Street, and;
2. Approve the proposed name “Tower Well Park”, and;
3. Referral to the Historic Resources Board and Parks and Recreation Commission to
consider the naming of it to be Fredrick Eyerly Tower Well and to refer to the Historic
Resources Board adding the site to the California and National Historic Registry.
MOTION PASSED: 7-0
7. Public Hearing: Second Reading Planned Community Ordinances for 2901 Middlefield
Road and 702 Ellsworth Place. CEQA Status – Categorically Exempt
AMENDMENT: Mayor Stone moved, seconded by Council Member Kou to restore the sight
triangle specified in the December 11, 2023 ordinance, to “extend to the southernmost corner
of the property along Middlefield Road and shall”.
AMENDMENT PASSED: 5-2, Lythcott-Haims, Tanaka no
AMENDMENT INCORPORATED INTO THE MAIN MOTION
MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Tanaka to
adopt the draft ordinances amending the Planned Community Ordinance 2343 to rezone 2901-
2905 Middlefield Road and 702 Ellsworth Place as prepared for the February 5, 2024 City Council
meeting with the following amendments:
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1. Require maximum 3-foot-tall cable rail fence within the sight visibility triangle area
that maintains visibility through the sides of the sight triangle adjacent to Ellsworth
Place and Middlefield Road, and;
2. Remove signage that limits the size of delivery trucks on Ellsworth Place, and;
3. Restore the sight triangle specified in the December 11, 2023 ordinance, to “extend
to the southernmost corner of the property along Middlefield Road and shall”.
MOTION PASSED: 6-1, Kou no
8. Approval of the 2024 City Council Priority Objectives and Finance Committee and Policy
& Services Committee Workplans
NO ACTION - ITEM CONTINUED TO MARCH 11, 2024 CITY COUNCIL MEETING
Adjournment: The meeting was adjourned at 10:27 P.M.
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City Council Meeting
Draft Action Minutes: 03/04/2024
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the City’s
website.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: March 18, 2024
Staff Report: 2401-2549
TITLE
Adoption of a Resolution Approving an Edison Electric Institute Master Power Purchase and Sale
Agreement With Silicon Valley Clean Energy Authority and Delegating Authority to the City
Manager to Transact Under the Master Agreement for Electricity-Related Commodities and
Services CEQA Status: Not a project under CEQA Guidelines 15378(b)(5)
RECOMMENDATION
Staff recommends that Council adopt a Resolution (Attachment A):
(a) Approving the Edison Electric Institute Master Power Purchase and Sale Agreement with
Silicon Valley Clean Energy Authority (SVCE) (Exhibit A to Attachment A); and
(b) Delegating authority to the City Manager or their designee, the Director of Utilities, to
transact under the Master Agreement for electricity-related commodities and services
subject to the following limitations:
a. The date for delivery of the electricity products for each transaction shall not
exceed 36 months from the date the transaction is executed;
b. The delivery date for any transaction shall not extend beyond December 2027;
c. The maximum aggregate transaction limit under each Master Agreement shall be
$25 million;
d. All transactions shall be subject to the Palo Alto Municipal Code; and
e. All transactions shall be subject to the City’s Energy Risk Management Policies,
Guidelines, and Procedures.
EXECUTIVE SUMMARY
An active set of creditworthy counterparties is essential to ensure that the City can continue to
meet its electric supply portfolio planning objectives, internal risk management controls, and
external operational and regulatory requirements. Approval of the recommended electric master
agreement with SVCE provides the City with an additional electric supplier with which to transact
in a timely and competitive manner ensuring that the City’s objectives are met efficiently.
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Executing the master agreement does not commit the City to any transactions with SVCE, but it
allows for transactions to be executed efficiently in the future. The recommended master
agreement was negotiated under terms and conditions acceptable to the City and has been
reviewed and approved by the City Attorney’s Office and the City’s Energy Risk Manager.
BACKGROUND
1). This set of
agreements, which were all approved by Council in March 2013, includes:
2, which
modified the Municipal Code to explicitly allow for Council-approved standard form master
agreements. The ordinance modified PAMC Section 2.30.140, clarifying the process to enable
new suppliers by specifically allowing the use of a standard form agreement that contains the
City’s minimum contract terms and conditions. Negotiations could then be carried out with
qualified suppliers on an ongoing basis without the need to issue successive formal requests for
proposals. Under this process, execution of, and delegation of authority to transact under,
standard form master agreements with specific suppliers remains subject to Council approval
before any transactions may be completed.
1 Resolution 9324: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9324.pdf
2 Ordinance 5387: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/ordinances/ord-5387.pdf.
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In December 2016 Council approved a standard form electric master agreement (Resolution
96523), based on the year 2000 version of the Edison Electric Institute (EEI) Master Power
Purchase and Sale Agreement. This standard form agreement has been made available to any
wholesale utility supplier on the City’s website since that time, although to date this has not
yielded any new enabled suppliers.
ANALYSIS
4, has been approved as to form by the City
Attorney’s Office, and has also been approved by the City’s Energy Risk Manager.
3 Resolution 9652: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9652.pdf.
4 PAMC Section 2.30.340(c) requires that utilities contracts incorporate the following contract terms and
conditions: (1) governing law shall be the laws of the State of California; (2) choice of venue shall be the County of
Santa Clara; and (3) a counterparty shall obtain and maintain during the term of the contract the minimum credit
rating established as of the date of award of contract of not less than a BBB- credit rating established by Standard
& Poor’s and a Baa3 credit rating established by Moody’s Investors Services.
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FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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Attachment A
* NOT YET APPROVED *
1
6056763R
Resolution No. _________
Resolution of the Council of the City of Palo Alto Approving an Edison
Electric Institute Master Power Purchase and Sale Agreement with
Silicon Valley Clean Energy Authority and Delegating Authority to the
City Manager to Transact Under the Master Agreement for
Electricity-Related Commodities and Services
R E C I T A L S
A. The City of Palo Alto seeks to ensure an active set of creditworthy counterparties
to meet its electric supply portfolio planning objectives, internal risk management controls, and
external operational and regulatory requirements.
B. Silicon Valley Clean Energy Authority (SVCE) is a non-profit, community-owned
agency with investment-grade credit ratings.
C. Approval of the Edison Electric Institute Master Power Purchase and Sale
Agreement (Master Agreement) with SVCE will provide the City with an additional electric
supplier to transact with efficiently and competitively.
D. The recommended Master Agreement with SVCE has been negotiated under
terms and conditions acceptable to the City, reviewed and approved by the City Attorney’s
Office, and deemed suitable by the City’s Energy Risk Manager.
E. Palo Alto Municipal Code (PAMC) Section 2.30.340 permits the use of Master
Agreements to buy and/or sell electricity, gas, and related services through preapproved
suppliers, subject to the City’s Energy Risk Management Policy, Guidelines, and Procedures.
F. Executing this Master Agreement does not commit the City to any transactions
with SVCE but allows for future transactions to be executed efficiently.
The Council of the City of Palo Alto does hereby RESOLVE as follows:
SECTION 1. The Council hereby approves the execution of the Edison Electric Institute
Master Power Purchase and Sale Agreement with Silicon Valley Clean Energy Authority (SVCE)
(Exhibit A).
SECTION 2. The Council hereby delegates authority to the City Manager or their
designee, the Director of Utilities, to transact under the Master Agreement for electricity-
related commodities and services and to take any actions necessary to implement this
Resolution, subject to the following limitations:
(a) The date for delivery of the electricity products for each transaction shall not exceed
36 months from the date the transaction is executed;
(b) The delivery date for any transaction shall not extend beyond December 2027;
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Resolution Approving
Master Agreement with
Silicon Valley Clean
Energy Authority
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Attachment A
* NOT YET APPROVED *
2
6056763R
(c) The maximum aggregate transaction limit under the Master Agreement shall be $25
million;
(d) All transactions shall be subject to the Palo Alto Municipal Code; and
(e) All transactions shall be subject to the City’s Energy Risk Management Policies,
Guidelines, and Procedures.
SECTION 3. The City Council’s approval of this electric master agreement does not
meet the definition of a project under the California Environmental Quality Act (CEQA),
pursuant to Public Resources Code Section 21065 and CEQA Guidelines 15378(b)(5) because
this activity would not result in a reasonably foreseeable direct or indirect change in the
environment.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ___________________________
Assistant City Attorney City Manager
___________________________
Director of Utilities
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Resolution Approving
Master Agreement with
Silicon Valley Clean
Energy Authority
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: March 18, 2024
Staff Report: 2311-2223
TITLE
Approval of Amendment No. 2 of C19171513 With CLEAResult Consulting, Inc. (CLEAResult)
Extending the Contract Expiration Date by Three Years From April 16, 2024 to April 15, 2027.
CEQA Status - Not a Project.
RECOMMENDATION
Staff recommends the Council approve and authorize the City Manager, or designee, to execute
the attached Amendment No. 2 to extend the third-party Electric Vehicle (EV) Program Contract
(C19171513) with CLEAResult by three years from April 16, 2024 to April 15, 2027 to finish EV
charger installations that have been moving through the Electric Vehicle Technical Assistance
Program (EVTAP). The not-to-exceed amount of $736,995 in the original contract will remain the
same.
EXECUTIVE SUMMARY
EVTAP is the key EV charger customer program developed to assist multi-family property, non-
profit, school, and small and medium business customers navigate the process of designing,
permitting, and installing EV chargers. CLEAResult was selected as the program administrator in
April 2019 to provide technical assistance to eligible customers. However, due to the COVID
pandemic and longer than anticipated project timelines, CLEAResult is unable to reach the
program goal of installing 250 ports at 30 sites by the current contract end date of April 2024.
Thus far, CLEAResult has facilitated the installation of EV chargers at 4 non-profits, 1 school, and
2 multi-family customer sites (totaling 81 ports). There are another 4 projects in the process of
being installed by April 2024 (estimated 94 ports). Based on additional projects in the pipeline,
CPAU staff and CLEAResult are confident that with a contract extension, EVTAP could facilitate
EV charger installations at 19 additional sites (estimated 250+ ports), bringing the total number
of sites with completed installations to 30 by April 2027. This could be achieved within the
$736,995 original contract limit approved by Council in May 2019.
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BACKGROUND
Transportation currently accounts for roughly two-thirds of Palo Alto’s greenhouse gas
emissions. To achieve an 80% emissions reduction from 1990s levels by 2030 (80x30 goal) and
prevent catastrophic climate change, drastic changes must be made in the transportation sector
along all possible avenues. This requires reductions in the number of vehicle miles traveled,
particularly in single occupancy vehicles, and electrification of the remaining vehicles traveled to
the greatest extent possible. The April 2021 Sustainability and Climate Action Plan (S/CAP) impact
analysis showed a pathway to achieving the 80x30 goal that involved Palo Alto reducing its
vehicle emissions from 300,000 metric tons (MT) to 120,000 MT. Reaching this ambitious target
will require 85% of new vehicle sales to be EVs and 44% of all vehicles to be EVs by 2030.
1 with an effective date of April 15, 2019. The goal of the agreement was
to assist customers in successfully navigating the various stages of the EVSE installation, including
site evaluation, engineering support, layout design, contractor bidding and selection process,
permitting support, installation project management and the securing of rebates.
1 Council staff report # 10287: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/year-archive/2019/final-approved-report-id-10287.pdf?t=58991.87
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1. The manufacturing sector had slowed down, resulting in the ability to get EV charger
equipment and transformers on a timely basis;
2.Properties were in “survival mode” during COVID focusing more on maintaining essential
services rather than expanding their resources on outward facing projects; and
3.The “work from home” trend reduced commuting and led to less demand for EVs,
resulting in properties feeling less pressured to install EV chargers.
While these trends have reversed post-COVID, the resurgence has not been as fast as was
originally anticipated when the first amendment was passed. Therefore, staff is requesting that
the CLEAResult contract be extended for an additional three years to be able to reach their
original goals.
ANALYSIS
Since the inception of the contract in April 2019, CLEAResult has accomplished the following:
•Enrolled 154 sites which signed a Program Participation Agreement.
•Conducted 93 Technical Site Visits by CLEAResult engineers to inventory electrical
infrastructure and analyze parking layouts.
•Prepared and presented 88 Charging Evaluation Reports (“CER”) which include electrical
load calculations, transformer loads, EVSE installation scenarios and pricing estimates.
•Of these customers:
o 7 have completed EVSE installations with CLEAResult assistance (2 MF, 4
nonprofits, and 1 school)
o 4 EV charger projects are expected to be completed by April 2024 (2 MFs and 2
non-profits)
o 49 customers remain active, of which an estimated 19 customer sites are
expected to be able to install chargers by April 2027.
Each project takes an average of 2 years or more to complete.
Continuing to use CLEAResult’s expertise and relationships makes it more likely that the City will
achieve the EVTAP program goals. They are subject matter experts in EVSE installations and have
deep knowledge of every aspect of EVSE project implementation. Nurtured over many months,
CLEAResult account managers have established strong working relationships with the multi-
family, school and non-profit customers currently enrolled in EVTAP. They also have intimate
knowledge and understanding of each property’s needs, as well as the technical and funding
limitations of each site. CLEAResult is positioned to be the best possible partner to bring these
projects to completion.
The goal of this extension is to ensure that 30 projects are completed by the end of the 8-year
term. Of those, 11 sites are expected to be completed before the extension goes into effect.
The other 19 sites currently in the pipeline will be the focus during the 3-year extension period,
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with the goal for all 30 sites to have EVSEs operational by the end of the recommended
contract extension period through April 2027. The extension would provide CLEAResult the
necessary time to assist these customers complete installations to meet the Program goal of 30
sites.
FISCAL IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: March 18, 2024
Report #:2402-2596
TITLE
Approval of a Professional Services Agreement (Contract No. C24190819) Between the City of
Palo Alto and Pets in Need for a Total Not-to-Exceed Amount of $7,373,516 for a Five-year
Term; and Amend the FY2024 Budget in the General Fund; CEQA status – categorically exempt.
RECOMMENDATION
Staff recommends the City Council:
1. Approve and authorize the City Manager to execute Professional Services Agreement
(Contract No. C24190819) Between the City of Palo Alto and Pets in Need for a Total
Not-to-Exceed Amount of $7,373,516 for a Five-year Term (Attachment A),
2. Amend the Fiscal Year 2024 Budget Appropriation for the General Fund (requires a 2/3
vote) by:
a. Increasing the contract expense appropriation in the Community Services
Department by $194,433; and
b. Decreasing the Budget Stabilization Reserve by $194,433.
EXECUTIVE SUMMARY
The Agreement recommended for approval reflects the actualization of previously stated
commitments by both the City and PIN to work together as partners to provide high quality and
timely animal care services to residents of Palo Alto, Los Altos, and Los Altos Hills.
In February 2022, the City Council directed staff to work with Pets in Need (PIN) toward
development of a new Agreement that would result in a long-term partnership for shelter
operations. City staff and PIN developed a Term Sheet that was approved by Council on August
14, 20231, and was the basis for a new five-year Agreement (Attachment A). The Agreement
terms include an annual compensation amount to PIN in the amount of $1.4 million with an
annual escalator equal to the higher of: three percent or the yearly percentage change in
1 City Council, August 14, 2023; Agenda Item #6; SR#2306-1712,
https://cityofpaloalto.primegov.com/Portal/viewer?id=2632&type=0
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Consumer Price Index (CPI) using the Bureau of Labor Statistics’ Consumer Price Index for the Bay
Area plus a $100,000 contingency fund ($20,000 annually) for unforeseen costs, for a total
compensation over five years equal to $7.37 million. All terms in the Council-approved Term
Sheet (Attachment B) have been included in the new Agreement and no other significant terms
have been added. Additional program costs for after-hours veterinary medical care will initially
be absorbed by the Animal Control Division of the Police Department. A budget request will be
brought forward in FY 2025, to include adding 0.5 FTE Administrative Associate for licensing and
up to $20,000 annually for after-hours veterinarian costs and $5,000 annually for other general
services costs associated with re-directed animal services.
BACKGROUND
California requires that cities and counties provide animal control and sheltering services for the
purpose of ensuring the safety of people and animals, providing for the proper care, and
sheltering of abandoned or neglected domestic animals, licensing domestic animals and
providing humane disposal of animals when necessary. There are several ways local jurisdictions
meet these requirements; some agencies manage their own animal shelters and animal control
services, while others partner with other agencies to take advantage of economies of scale and
to reduce costs. Palo Alto maintained its own shelter and provided animal services to other
neighboring cities until 2019, when animal sheltering services for Palo Alto and two partner cities,
Los Altos and Los Altos Hills, were provided through a public/private partnership with Pets in
Need. Animal Control is provided by the Palo Alto Police Department’s Animal Control Officers
(ACOs).
Summary of Current (2019-2023) Agreement
City Council approved a Professional Services Agreement (Agreement) with the nonprofit Pets in
Need on November 26, 20182 to operate the Animal Shelter after a public solicitation process for
potential operators. The term and compensation of the Agreement include:
•Five-year term commencing January 17, 2019 through January 17, 2024
•Compensation to be paid to PIN for performance of the Scope of Services in a not to
exceed amount $3,440,626 over the five-year term
•A Contingency Fund of $200,000
•A Compensation for Renovation Delays Fund of $60,000
•Completion by City of capital improvement projects not to exceed $3.4 million
Key responsibilities of Pets in Need include:
•Animal Shelter Services including sheltering stray, abandoned, and owner surrendered
animals
2 City Council, November 26, 2018; Agenda Item #13, SR#9822,
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=76122
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•Medical Services including veterinarian services to shelter animals, vaccination clinics,
micro-chipping, and a low cost spay and neuter clinic
•Animal adoptions and foster program
•Operating schedules for shelter services, emergency veterinary
On November 15, 2021, Pets in Need (PIN) provided formal notification to the City that it would
exercise its right to terminate the Agreement without cause in 12 months’ time as allowed in
Section 19.2 of the Agreement. PIN stated delays in completing the capital improvement projects,
particularly the new dog kennel building as the primary reason for terminating the Agreement.
Development of a new Agreement
City and PIN staff discussed how best to operate the Animal Shelter for the remaining term of the
Agreement and began exploring how to continue the partnership beyond the termination date.
On February 14, 20223, the City Council unanimously passed a motion to extend the notice of
termination for six months and to proceed with negotiations with Pets in Need for a long-term
contract agreement for animal services in Palo Alto.
The PIN Board supported extending the termination date for six additional months to end on
March 15, 2023. On March 27, 20234, a Council Study Session provided an update on the status
of contract negotiations with PIN and an opportunity for the Council to provide feedback on a
draft Term Sheet. City staff included a preliminary estimate of the cost and revenue associated
with bringing operations of the Animal Shelter back to an in-house model. PIN and City
staff continued to refine the Term Sheet and mutually agreed to extend the current agreement
to terminate on September 30, 2023.
The City Council discussed and provided feedback on the draft term sheet during the study
session on March 27, 2023. The Council requested information on the following:
•A breakdown of PIN’s costs showing the increased compensation from the original
Agreement.
•The percentage of PIN’s operating budget that is for animals covered in Palo Alto, Los
Altos and Los Altos Hills.
•A comparison chart of PIN’s fees with other municipal shelters’ fees.
•A more detailed and accurate comparison of PINs services to the Peninsula Humane
Society.
•PIN’s revenue over the previous five years.
•Consideration of a minimum and maximum number of surgeries and events.
•A side-by-side comparison of PINs proposal and the in-house model.
•A more defined capital plan identified in the Agreement.
3 City Council, February 14, 2022; Agenda Item #9; SR #13952,
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81766
4 City Council, March 27, 2023; Agenda Item #3; SR #2302-0940,
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82278
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•Additional information on feral cats, including the method by which they are handled,
how many cats are in Palo Alto, where cats are released.
PIN prepared responses to the Council’s questions and presented them to Council on June 12,
20235. The responses are included as Attachment C to the June 12th staff report. During this
meeting, an additional term was introduced that would provide PIN additional compensation of
$55,535 for services rendered since June 1, 2023 and continuing until a new Agreement is
executed. PIN calculates this as the difference between the monthly fee (1) specified for Year 5
in Exhibit B of the 2019 Agreement and (2) the monthly fee specified for Year 1 in the proposed
new Agreement, effective June 1, 2023.
Staff and PIN received valuable feedback from Council at the June 12th meeting and Council
passed the following motion unanimously:
Direct staff to negotiate an agreement with Pets in Need (PIN) and bring back to Council in August
with the following amendments and review:
1. No Trap/Neuter/Return (TNR) changes, through language such as: “Both parties will
work together to develop a transparent and humane feral cat program reflective of
municipal best practices and the impact on public health and wildlife, and that maintains
the current practice where PIN does not release feral cats or cause them to be released.”
2. Review on the number of surgeries
3. Higher revenue opportunities
4. Consider a possible 3-year contract
5. Level of service and termination clause
6. Reporting and oversight
7. Spayed and neutered metrics
The direction received from Council and additional input by the PIN Board of Directors resulted
in a revised Term Sheet (Attachment B) that the Council reviewed and approved on August 14,
20236. On January 16, 20247, the City Council approved Amendment No. 2 to the current
Agreement in the amount of $342,501 to continue operations of the animal shelter for an
additional three-month term while the new Agreement was finalized.
5 City Council, June 12, 2023, Agenda Item #13,
https://cityofpaloalto.primegov.com/Portal/viewer?id=2049&type=0
6 City Council, August 14, 2023, Agenda Item #6; SR#2306-1712,
https://cityofpaloalto.primegov.com/Portal/viewer?id=2632&type=0
7 City Council, January 16, 2024; Agenda Item #6; SR#2312-2462,
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=0964a45a-8f20-48b9-b6e6-478b900942fd
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ANALYSIS
The attached Agreement reflects the collaborative efforts of the City and PIN to provide quality
and timely animal services to the residents of Palo Alto, Los Altos, and Los Altos Hills.
Within the past year, PIN has fulfilled their commitment to establish a stable leadership team by
hiring a seasoned Chief Executive Officer, Laura Toller Gardner and a Director of Finance, Teri
Dunwoody. Along with Dr. Barbara Laderman-Jones, Director of Shelter Medicine and Laura
Birdsall, Director of Shelter Operations the team has improved efficiencies and services, including
reduced wait times for spay/neuter surgeries, increased numbers of vaccinations, and expanded
hours of operation (open 7 days a week). PIN has also provided deeply discounted and free
outreach care to animals in Palo Alto, Los Altos and Los Altos Hills.
The collaboration between Police Department staff and PIN shelter staff has greatly improved,
fostered by regular staff meetings and ongoing, open communication on issues of mutual
concern. Both parties have continued to demonstrate their joint commitment to ensure the
health and wellbeing of animals and wildlife in the community and have been working together
to develop and refine policies that are acceptable to all shelter and animal control staff.
New Agreement Terms
The terms included in the Agreement are based on the Term Sheet (Attachment B) approved by
the Council on August 14, 2023 and summarized below.
•Term: Five Years with ability to mutually extend an additional five years.
•Annual Compensation: $1.37M increasing annually at a percentage equal to the higher
of: (a) three percent or (b) the yearly percentage change in CPI using the Bureau of
Labor Statistics’ Consumer Price Index for All Urban Consumers for all items for the San
Francisco-Oakland-Hayward area.
•Contingency: $20,000 per year, a total of $100,000 over the initial five-year term
•Improvements to Premises: City to budget $2.5M in one lump sum in Fiscal Year 2025
for capital improvements. Improvements, to be completed by the City, will be prioritized
in the following order:
o New cat and small animal area
o Additional dog kennel improvements
o Medical suite retrofits to accommodate large animals
•Scope of Services:
PIN Responsibilities -
o Maintain public access hours to shelter seven days per week, for a minimum of
40 hours per week.
o Provide low-cost, high-quality spay/neuter services to dogs and cats to the best of
its ability, prioritizing residents of Palo Alto, Los Altos, and Los Altos Hills. Wait
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times for surgery for in-jurisdiction animals will be no more than one month,
except in the event of unexpected and exceptional circumstances.
o Provide low-cost vaccination clinics in Palo Alto a minimum of one time per week
and will work toward one after-hours or weekend clinic per month.
o Provide veterinary care for live animals impounded as part of cruelty
investigations.
o Submit monthly activity reports.
o Submit quarterly financial reports.
City Responsibilities –
o Costs for after-hours emergency veterinary services for animals on stray hold.
o Cost for additional services related to cruelty investigations, including after-
hours emergency veterinary care, post-mortem examinations of animals that are
deceased upon arrival at the Shelter, and off-site crime scene investigations.
o Costs to dispose of dead wildlife.
o Capital improvements to shelter facilities.
o Animal control services.
In addition, both parties agree to work together on a feral cat policy, review best animal welfare
practices and keep policies up to date, and work collaboratively when revising or creating a new
policy.
FISCAL/RESOURCE IMPACT
The FY 2024 Adopted Operating Budget includes $1.3 million for contract costs to manage the
Animal Shelter. An additional $194,433 is requested to align with the new operating agreement
at $1.4 million, plus an additional month of the supplemental payment for June 2023. The FY
2025 Proposed Budget will recognize additional revenue for licensing fees collected from pet
owners residing in Palo Alto. The Animal Control Division of the Police Department will initially
absorb the additional program costs and bring forward a budget request in FY 2025, including
adding 0.5 FTE Administrative Associate for licensing and up to $20,000 annually for after-hours
veterinarian costs and $5,000 annually for other general services costs associated with re-
directed animal services. Staff are negotiating new animal service agreements with the partners
cities of Los Altos and Los Altos Hills and any additional revenue recognized as part of these
agreements will be brought forward to the Council at a future meeting.
The FY 2024 Adopted Capital Budget includes $2.8 million for the Animal Center Renovation
Project (PE-19002), including $1.6 million for anticipated increases for the new PIN agreement.
To date, a total of $6.0 million has been allocated to this project and $2.9 million has been
expended on shelter improvements. Staff will recommend a reappropriation of funding from FY
2024 to FY 2025 as part of the annual budget process and is subject to Council approval of the FY
2025 Proposed Capital Improvement Program (CIP).
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STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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CITY OF PALO ALTO CONTRACT NO. C24190819
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND PETS IN NEED
FOR PROFESSIONAL SERVICES
This Professional Services Agreement (“Agreement”), dated for convenience
on April 1, 2024, is entered into by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY” or “City of Palo Alto”), and PETS IN NEED, a
California non-profit public benefit corporation, located at 871 Fifth Ave, Redwood City, CA
94063 ("CONSULTANT" or “Pets In Need”).
RECITALS
The following recitals are a substantive portion of this Agreement and are hereby
incorporated herein by this reference.
A. CITY intends to provide animal sheltering and veterinary care, as more fully
described in Exhibit “A” (Scope of Services), attached to and made a part of this Agreement,
for the City of Palo Alto, and for the City of Los Altos and the Town of Los Altos Hills (the
“Contract Cities”), at the Palo Alto Animal Shelter, 3281 East Bayshore Road, Palo Alto, CA
94303 (the “Palo Alto Animal Shelter” or the “Premises”).
B. CITY and CONSULTANT desire for CONSULTANT to perform the Services
(as defined below) at the Palo Alto Animal Shelter pursuant to the terms and conditions set
forth in this Agreement.
C. CITY acknowledges that CONSULTANT is entering into this Agreement in
furtherance of its no-kill mission, and that, to the extent permitted by law, CONSULTANT
will operate the Palo Alto Animal Shelter as a no-kill shelter.
D. CITY and CONSULTANT are entering into this Agreement with the intention
of establishing a long -term partnership to offer exceptional shelter services for Palo Alto
and its partner cities of Los Altos and Los Altos Hills, while working together towards building
a new Pets in Need Palo Alto animal shelter facility.
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
at Exhibit “A” (“Services”) in accordance with the terms and conditions contained in this
Agreement.
SECTION 2. TERM. The term of this Agreement shall be from April 1, 2024 (the “Effective
Date”) through March 31, 2029 unless terminated earlier pursuant to Section 19 of this
Agreement. The term of this Agreement may be renewed or extended upon the mutual
written agreement of the parties for a subsequent five-year term (or any other length). One
year prior to the expiration of the term (or other such timeline as may be mutually agreed
upon by the parties), either party may request the parties to begin negotiating in good faith
a renewal or extension of this Agreement.
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SECTION 3. USE OF PREMISES. CONSULTANT’s use of the premises shall be subject to
the additional terms set forth on Exhibit “D” (Use of Premises) attached hereto.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be in the amount of, and shall not
exceed $7,273,516.00 as detailed in Exhibit “B” (Compensation). CONSULTANT agrees to
complete all Services within this amount. 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. Notwithstanding the foregoing, a contingency
fund of one hundred thousand dollars ($100,000) (the “Contingency Fund”) shall be
available. In the event the Contingency Fund is utilized as provided for herein, the total
compensation for Services, reimbursable expenses and the costs payable by CITY to
CONSULTANT under this Agreement, shall be and shall not exceed $7,373,516.00 as
detailed in Exhibit “B” (Compensation), subject to Section 19 (“TERMINATION OR
SUSPENSION OF AGREEMENT OR SERVICES”).
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall invoice the CITY
for payment on a monthly basis. Invoices shall describe the services performed and, if
reasonably requested by CITY, supporting documentation. CONSULTANT’s invoice shall
be submitted to the City’s project manager for payment at which point the CITY has 30
business days from the date of the submission to render payment to the CONSULTANT.
Invoices must also include CONSULTANT name, address, contract number, description of
services, date of services, and compensation amount.
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
or supervise, as applicable, the Services required by this Agreement and that its personnel
have sufficient skill and experience to perform the Services assigned to them.
CONSULTANT represents that it, and its employees have and shall maintain (and that it
shall require its subcontractors, if any, to have and 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.
Notwithstanding anything to the contrary in this Agreement, the representations and
warranties in this Section 6 are exclusive and are in lieu of all other warranties of any kind,
whether express or implied (including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose and noninfringement, and all warranties that
may arise from course of dealing, course of performance or usage of trade), all of which are
hereby expressly disclaimed.
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
are applicable to the performance of the Services or those engaged to perform Services
under this Agreement. These include, but are not limited to, Palo Alto Municipal Code Title
6 “Animals”. CONSULTANT shall procure all permits and licenses, pay all charges and fees,
and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of correcting
such errors and omissions, any change order markup costs, or costs arising from delay
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caused by such errors and omissions or unreasonable delay in correcting such errors and
omissions.
SECTION 9. [RESERVED].
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, any person employed by
CONSULTANT, and any subcontractor retained by CONSULTANT to perform any of
CONSULTANT’S obligations under this Agreement, shall act as and be an independent
contractor and not an agent or employee of 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 without the prior written consent of the City Manager. The City
Manager shall have sixty (60) days from receipt of Consultant’s notice of proposed
assignment to accept or decline the proposed assignment in writing. If the City Manager
declines the proposed assignment, he or she shall state the basis for the decision in the
written notice to CONSULTANT. Consent to one assignment shall not be deemed to be
consent to any subsequent assignment. Any assignment not expressly contemplated under
this Agreement, or made without the approval of the City Manager shall be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that
subcontractors may be used to perform CONSULTANT’S obligations under this Agreement.
The subcontractors authorized by CITY to perform work on this Project are:
a. Sage Veterinary Center; and
b. MedVet, and
c. Pets Rest Cemetery, and
d. Flinstone Enterprises/San Jose Tallow Co.
e. Any other subcontractors retained by CONSULTANT to perform
CONSULTANT’S obligations under this Agreement.
CONSULTANT shall be responsible for directing the work of any subcontractor and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever
concerning subcontractor compensation.
CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subcontractor as more fully set forth in Section 16 of this Agreement.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT shall assign its chief executive
officer, who currently is Laura Toller Gardner, as the project manager to have supervisory
responsibility for the performance, progress, and execution of the Services and as the
project coordinator to represent CONSULTANT during the day-to-day performance of the
Services. If circumstances cause the substitution of the project manager (including if, at any
time, Laura Toller Gardner no longer serves as Chief Executive Officer of CONSULTANT),
CONSULTANT shall promptly notify the CITY’s project manager of such substitution and
consider in good faith CITY’s requests with respect to such substitution.
The parties agree that during the term of this Agreement and for all purposes of this
Agreement, CONSULTANT’S project manager shall be authorized to act as the
“Superintendent” of the City’s animal services division pursuant to Section 6.04.100 of the
Palo Alto Municipal Code, for purposes of Sections 6.12.010, 6.12.030, 6.12.050, 6.16.050,
and 6.32.040 of the Palo Alto Municipal Code.
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CITY’s project manager is the Director of Community Services, Community Services
Department, 1305 Middlefield Road, Palo Alto, CA 94303, Telephone (650) 463-4900, who
is currently Kristen O’Kane. The project manager shall be CONSULTANT’s point of contact
with respect to performance, progress and execution of the Services. CITY may designate
an alternate project manager from time to time with prompt written notice to CONSULTANT.
SECTION 14. INTELLECTUAL PROPERTY RIGHTS.
14.1 Definition of Intellectual Property Rights. “Intellectual
Property Rights” means patents of any type, design rights, utility models or other similar
invention rights, copyrights, mask work rights, trade secret or confidentiality rights,
trademarks, goodwill, trade names, logos and service marks and any other intangible
property rights, including applications and registrations for any of the foregoing, in any
country, arising under statutory or common law or by contract and whether or not perfected,
now existing or hereafter filed, issued, or acquired.
14.2 “Pets In Need” Ownership. The parties acknowledge and
agree that, as between the parties, Pets In Need owns all Intellectual Property Rights in its
name (“Pets In Need”), logos and marks, as may be amended from time to time by Pets In
Need.
14.3 “City of Palo Alto” Ownership. The parties acknowledge
and agree that, as between the parties, the City of Palo Alto owns all Intellectual Property
Rights in its name (“City of Palo Alto”), logos and marks, as may be amended from time to
time by the City of Palo Alto, and in accordance with Palo Alto Municipal Code as may be
amended from time to time.
14.4 “Palo Alto Animal Shelter” Ownership. The parties
acknowledge and agree that, as between the parties, the City of Palo Alto owns all
Intellectual Property Rights in the name “Palo Alto Animal Shelter”.
14.5 Grant of License by City of Palo Alto. The City of Palo Alto
hereby grants to Pets In Need a royalty-free, non-transferable term license, for the term of
this Agreement, to use, reproduce, make derivative works, display, and perform publicly the
name “Palo Alto Animal Shelter” solely in conjunction with “Pets in Need”, for example, and
without limitation, “Pets in Need Palo Alto Animal Shelter” and “Palo Alto Animal Shelter,
operated by Pets in Need,” for purposes of the performance of this Agreement, as provided
for herein.
14.6 Name Changes; Development of Logos or Marks. Any
name changes, derivative works, or logos or marks as may be developed by Pets In Need
with regard to such animal shelter are required to be approved in writing by the City of Palo
Alto City Manager or designee prior to any publication, or any other public use, in any form
or media. The City Manager shall approve or deny such requests in writing within 45 days
of receipt of CONSULTANT’s complete written proposal, and shall set forth its basis for any
denial in writing. During the term of this Agreement, the City of Palo Alto shall not change
such name of such animal shelter, nor develop any derivative works, or logos or marks, with
regard to such animal shelter, except as is mutually agreed in writing with the Pets In Need
Executive Director or designee prior to any publication, or any other public use, in any form
or media. The City Manager shall approve or deny such requests within 45 days of
Consultant’s complete written proposal, and shall set forth its basis for any denial in writing.
Notwithstanding anything to the contrary in this Agreement, CITY agrees that
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CONSULTANT may offer naming rights for any wing, room, kennel, or other area within the
shelter in compliance with the City’s Naming Policy and Procedure.
14.7 Limitations on “Pets In Need Palo Alto Animal Shelter”.
The City of Palo Alto agrees that its use of the name “Pets In Need Palo Alto Animal Shelter”,
and as may be changed as provided for herein, with regard to the animal shelter that is the
subject of this Agreement, as well as any logos or marks that may be developed and
approved as provided for herein with regard to such shelter, are strictly limited to the term
of this Agreement, and that, unless otherwise agreed by the parties in writing, upon
expiration or termination of this Agreement, the City of Palo Alto shall cease and desist all
use of such names, logos and marks with regard to such animal shelter in relation to the
ongoing operation of such shelter as of the date of such termination or expiration.
14.8 Use of City of Palo Alto Seal or Logo. Any use by Pets In
Need of any City of Palo Alto seal or logo is required to be approved in writing by the City
of Palo Alto City Manager or designee prior to any publication or any other public use, in
any form or media, and in accordance with Palo Alto Municipal Code as may be amended
from time to time, provided that the City Manager or his designee shall approve or deny in
writing a written request by Pets in Need within ten (10) days of the date of the request, and
shall set forth his or her basis for any denial in writing.
14.9 Use of Pets in Need Seal or Logo. Any use by the City of
Palo Alto of any Pets In Need seal or logo is required to be approved in writing by the Pets
In Need Executive Director or designee prior to any publication, or any other public use, in
any form or media, provided that the Executive Director of PIN or designee shall approve
or deny in writing a written request by CITY within twenty (20) days of the date of the request.
14.10 Reservation of Rights. All Pets In Need Intellectual Property
Rights not expressly granted under this Agreement are reserved to and retained by Pets In
Need. All City of Palo Alto Intellectual Property Rights not expressly granted under this
Agreement are reserved to and retained by the City of Palo Alto.
SECTION 15. AUDITS. CONSULTANT shall permit CITY to audit, with two business days’
advanced notice, during the term of this Agreement and for three (3) years thereafter,
CONSULTANT’s records pertaining to CONSULTANT’S performance of the Services under
this Agreement. (It is understood that such records do not include those pertaining solely
to CONSULTANT’s operations in Redwood City or to any services it provides that are not
listed on Exhibit A of 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; LIMITATION OF LIABILITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall
indemnify, defend and hold harmless CITY, its Council members, officers, employees,
volunteers, and contractors (each a “CITY Indemnified Party”) from and against any and all
third party demands, claims, or liability of any nature, including death or injury to any person,
property damage or any other loss, including all costs and expenses of whatever nature
including reasonable attorneys’ fees, experts fees, court costs and disbursements
(“Claims”) to the extent resulting from, or arising out of (i) any act or omission of
CONSULTANT that is outside the scope of CONSULTANT’s authority under this Agreement
and/or (ii) the negligence or willful misconduct of CONSULTANT or its officers, employees,
contractors or subcontractors in the performance of this Agreement. To the fullest extent
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permitted by law, CITY shall indemnify, defend and hold harmless CONSULTANT, its
directors, officers, employees, volunteers, and contractors (each a “CONSULTANT
Indemnified Party”) from and against any and all third party Claims to the extent resulting
from or arising out of (i) the negligence or willful misconduct of CITY or its officers,
employees, contractors or subcontractors in the performance of this Agreement , (ii) any
condition in or about the Premises, except to the extent caused by the negligence or willful
misconduct of CONSULTANT or a CONSULTANT Indemnified Party. or (iii) CITY’s decision
to transition to a consultant-provided service delivery model and City’s decision, based on
CONSULTANT’s representations contained in its proposal to the City and herein, to contract
with CONSULTANT to provide the Services.
16.2. In the event of concurrent negligence of more than one party,
its Council members (or directors), officers, employees, contractors or subcontractors, the
liability for any and all Claims shall be apportioned under the California theory of
comparative negligence as presently established or as may hereafter be modified. Nothing
in this Agreement shall constitute a waiver or limitation of any rights that a party may have
under applicable law in the event of concurrent negligence of persons or entities other than
the parties to this Agreement.
16.3. The parties agree to cooperate with each other in the
investigation and disposition of third-party Claims hereunder. It is the intention of the parties
to reasonably cooperate in the disposition of all such Claims. Such cooperation may include
joint investigation, defense and disposition of claims of third parties hereunder. The parties
agree to promptly inform one another whenever an incident report, claim or complaint is
filed or when an investigation is initiated concerning this Agreement. Notwithstanding the
foregoing, in the event of a conflict in interest, each party may conduct its own investigation
and engage its own counsel.
16.4. Each party agrees to mitigate any loss or damage which it
may suffer in consequence of any breach by the other party of the terms of this Agreement.
or any fact, matter, event or circumstance giving rise to a Claim.
16.5. LIMITATION OF LIABILITY. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, NEITHER
PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFITS IN CONNECTION WITH THIS
AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
ANY SUCH POTENTIAL CLAIM, LOSS OR DAMAGE.
16.6. LIMITATION OF LIABILITY OF CITY. EXCEPT WITH
REGARD TO CITY'S OBLIGATIONS TO INDEMNIFY AND HOLD HARMLESS THE
CONSULTANT PURSUANT TO THIS SECTION 16, CITY’S PAYMENT OBLIGATIONS
UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT PROVIDED FOR IN
SECTION 4 (NOT TO EXCEED COMPENSATION) OF THIS AGREEMENT.
16.7. LIMITATION OF LIABILITY OF CONSULTANT. IN NO
EVENT SHALL THE TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT OF
CONSULTANT TO CITY EXCEED FIVE MILLION DOLLARS.
16.8. CITY represents and warrants that (i) it has complied with
Section 2.30.250 of the Palo Alto Municipal Code and (ii) the CITY’s indemnification
obligations contained in this is Section 16 represent the valid and enforceable obligations
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of CITY.
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, shall 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. No waiver of a condition or
nonperformance of an obligation hereunder is effective unless it is in writing signed by the
authorized representatives of the parties hereto and, as applicable, approved as required
under the Palo Alto Municipal Code or Charter.
SECTION 18. INSURANCE. CONSULTANT, at its sole cost and expense, shall obtain, as
soon as practicable following the date of this Agreement, and maintain, in full force and
effect during the term of this Agreement, the insurance coverage described in Exhibit "C".
CONSULTANT shall be responsible for ensuring that its subcontractors retained to perform
Services under this Agreement, if any, shall obtain and maintain in full force and effect
during the term of the subcontractor’s engagement, the insurance coverage described in
Exhibit “C,” as well as a policy endorsement naming CITY as an additional insured under
any policies required in this Section 18.
18.1. 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.
18.2. CONSULTANT shall file with CITY certificates evidencing
such insurance as soon as practicable following the date of execution of this Agreement but
in any event prior to the first day any of CONSULTANT’S obligations are performed
hereunder. The certificates shall be subject to the approval of CITY’s Risk Manager and
shall contain an endorsement stating that the insurance is primary coverage and shall 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 five (5) business days of the
CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring
that current certificates evidencing the insurance are provided to CITY’s Chief Procurement
Officer during the entire term of this Agreement.
18.3. The procuring of such required policy or policies of insurance will not be
construed to limit either party’s liability hereunder nor to fulfill the indemnification provisions
of this Agreement.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may terminate this Agreement or suspend
the performance of the Services, in whole or in part, in the event of a material breach of
CONSULTANT’s obligations to CITY under this Agreement, which breach is not cured by
CONSULTANT within (60) days of receipt of written notice from CITY to CONSULTANT
detailing the nature of such failure. The City Manager may terminate this Agreement without
cause by giving one-year prior written notice thereof to CONSULTANT.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services, in whole or in part, in the event of a material breach of CITY’s
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obligations to CONSULTANT under this Agreement, which breach is not cured by CITY (i)
with respect to material breach of CITY’s payment obligations herein, within thirty (30) days
of receipt of written notice from CONSULTANT to CITY, or (ii) with respect to material
breach of all other CITY obligations hereunder, within sixty (60) days of receipt of written
notice from CONSULTANT to CITY detailing the nature of such breach. CONSULTANT
may terminate this Agreement without cause by giving one-year prior written notice thereof
to CITY.
19.3. In the event of any suspension or termination hereunder,
CITY shall pay CONSULTANT for the Services rendered and materials delivered to CITY
(i) on or before the effective date of such suspension or termination and (ii) in accordance
with this Agreement. CITY shall pay such amounts to CONSULTANT within thirty (30) days
after receipt of CONSULTANT’s invoice. To the extent that CITY has prepaid any fees,
CONSULTANT shall fund to CITY any prepaid fees on a pro-rata basis to the extent such
fees are attributable to the period after the termination date, and CITY shall have no
obligation to pay unpaid fees that would have become due during the remaining Term had
this Agreement not been terminated.
19.4 The following Sections shall survive any expiration or termination of
this Agreement: 14, 15, 16, 17, 19.3, this 19.4, 19.5, 20, 25, and 27.
19.5 Force Majeure. Neither Party shall be liable for a failure to
perform obligations in this Agreement if such performance is made impossible by
unforeseeable causes beyond the Party’s control due to acts of God, war, strike, acts of
terrorism, or natural disaster or epidemic or quarantine resulting in a government-declared
state of emergency or health order (“force majeure”). The Party subject to the force
majeure shall: (1) within 48 hours of suspension, give notice to the other Party of which
specific obligations are being suspended and state the date and extent of such suspension
and the cause thereof, (2) use its best efforts to mitigate the impacts of such force majeure
on its obligations in this Agreement with the least practicable delay, and (3) resume the
performance of its obligations as soon as reasonably practicable after the remediation or
removal of the cause. In addition to any other right of either party to suspend or terminate
this Agreement, if an event of force majeure can reasonably be expected to prevent the
affected Party from performing one or more obligations of this Agreement for a period of
forty-five (45) days, or already has prevented such performance for forty-five (45) days, then
the other Party may terminate this Agreement upon fourteen (14) days written notice to the
affected Party.
For the avoidance of doubt, except as otherwise provided by applicable law, force majeure
shall not include: (1) financial distress nor the inability of either party to make a profit or
avoid a financial loss, (2) changes in market prices or conditions, or (3) a party's financial
inability to perform its obligations in this Agreement.
SECTION 20. NOTICES. Any notice provided for in this Agreement shall be in writing and
shall be either (i) personally delivered, (ii) received by certified mail, return receipt
requested, or (iii) sent by reputable overnight courier service (charges prepaid) to the
recipient at the address indicated below.
To CITY: City of Palo Alto, City Manager’s Office
250 Hamilton Ave., Palo Alto, CA 94301
With a copy also to the CITY’s Project Manager.
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To CONSULTANT: Attention of the project director at the address of CONSULTANT
recited above.
Notices will be deemed to have been given hereunder (i) when delivered personally to the
recipient, (ii) one (1) business day after being sent to the recipient by reputable overnight
courier service (charges prepaid) or (iii) five (5) business days after being mailed to the
recipient by certified or registered mail, return receipt requested and postage prepaid.
SECTION 21. CONFLICT OF INTEREST
21.1. In accepting this Agreement, CONSULTANT 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.
21.2. CONSULTANT further covenants that, in the performance of
this Agreement, it shall not employ subcontractors or other persons or entities
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 shall
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. CITY agrees and acknowledges that, as of the date of hereof,
CONSULTANT is not a “Consultant” as that term is defined by the Regulations of the Fair
Political Practices Commission, and that therefore CONSULTANT shall not be required to
file the 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 CITY’s Purchasing Department (and copies of
which have been provided to CONSULTANT by CITY), incorporated by reference and may
be amended from time to time. CONSULTANT shall comply with waste reduction, reuse,
recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best
practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, CONSULTANT shall comply with the following
zero waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise
approved by CITY’s project manager. Any submitted materials printed by a
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professional printing company shall be a minimum of 30% or greater post-consumer
material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not limited
to Extended Producer Responsibility requirements for products and packaging. A
copy of this policy is on file at the Purchasing Division’s office, and a copy of the
current policy has been provided to CONSULTANT by CITY.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional
cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation
from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter
4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for
any employee otherwise entitled to the State minimum wage, who performs at least two (2)
hours of work in a calendar week within the geographic boundaries of the CITY,
CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo
Alto Municipal Code section 4.62.30 for each hour worked within the geographic boundaries
of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo
Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section
4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement
shall terminate without any penalty (a) at the end of any fiscal year in the event that funds
are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the
event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This section shall take precedence in the event of a
conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS
CONTRACTS. The Services are not subject to prevailing wages. CONSULTANT is not
required to pay prevailing wages in the performance of the Services in accordance with
applicable law including without limitation SB 7.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement shall be governed by the laws of the State
of California without regard to its conflict of laws provisions.
27.2. In the event that an action is brought, the parties agree that
trial of such action shall be vested exclusively in the courts of California in the County of
Santa Clara, State of California or the United States District Court for the Northern District
of California.
27.3. 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.
27.4. This document represents the entire and integrated
agreement between the parties and supersedes all prior negotiations, representations, and
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contracts, either written or oral. This document may be amended only by a written
instrument, which is signed by the parties.
27.5. The covenants, terms, conditions and provisions of this
Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators,
assignees, and consultants of the parties.
27.6. 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 shall remain in full
force and effect.
27.7. 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 shall be deemed to be a part of this Agreement.
27.8. In the event of a conflict between the terms of this Agreement
and the exhibits hereto or CONSULTANT’s proposal (if any), this Agreement shall control.
In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the
exhibits shall control.
27.9. 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 as soon as practicable, but no later than 24 hours after
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.
27.10. All unchecked boxes do not apply to this Agreement.
27.11. 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.
27.12. This Agreement may be signed in multiple counterparts,
which, when executed and delivered by the parties hereto, shall together constitute a single
binding agreement. This Agreement may be signed using the City’s Docusign platform.
[signature page follows]
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CONTRACT No. C24190819 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement as of the dates below.
CITY OF PALO ALTO
City Manager
Date:
APPROVED AS TO FORM:
City Attorney or designee
PETS IN NEED
By:
Robert Kalman
President of the Board
Date:
By:
Laura Toller Gardner
Chief Executive Officer
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: COMPENSATION
EXHIBIT “C”: INSURANCE REQUIREMENTS
EXHIBIT “D”: USE OF PREMISES
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3/7/2024
3/7/2024
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EXHIBIT “A”
SCOPE OF SERVICES
PETS IN NEED (“CONSULTANT”) agrees to provide Animal Shelter Services as
described in Section II below at the Palo Alto Animal Shelter, 3281 East Bayshore Road,
Palo Alto, CA, for the City of Palo Alto (“CITY”) and the Contract Cities. CITY agrees to
perform the obligations as described in Section III below.
I. DEFINITIONS The following terms as used in this Exhibit “A” Scope of Services
shall have the meaning provided below:
A. “Diseased and crippled animal” means those animals which are
known or believed to be infected with any dangerous or
communicable disease, or which have an incurable, crippled
condition or which are afflicted with any painful disease which is
believed to be incurable.
B. "Dangerous animal" means any dog or other animal which
demonstrates a propensity to assault, bite, scratch or harass people or
other animals without provocation. There shall be a rebuttable
presumption that any animal that bites a person is a dangerous animal.
Capitalized terms used but undefined herein shall have the meanings set forth in the
Agreement for Professional Services (this “Agreement”) to which this Exhibit is
attached and of which it forms a part.
II. PETS IN NEED RESPONSIBILITIES:
1. Animal Shelter Services. CONSULTANT shall perform the following
sheltering services and shall provide shelter supplies, animal
attendants, supervisors and administrative personnel, and any other
personnel, supplies and equipment, reasonably required to perform the
following services (“Shelter Services”):
a) Shelter of abandoned, surrendered, impounded, lost or
stray domestic animals brought to the shelter by CITY or its
Contract Cities, its residents, or personnel.
b) CONSULTANT may shelter and provide services to
animals outside the scope of paragraph (a) above (“non-City
animals”) including moving animals between the Palo Alto
Animal Shelter and Pets In Need Redwood City facility on a
space-available basis and at CONSULTANT’s sole expense
for all costs, including labor, equipment, supplies, food, and
medication. At no time shall animals within the scope of
paragraph (a) above be denied services due to services
provided to non-City animals at the Pets in Need Palo Alto
Animal Shelter.
c) For the avoidance of doubt, to the maximum extent
permissible by law, CONSULTANT shall have exclusive
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discretion over how long an animal is sheltered, including
exclusive discretion to shelter an animal for a longer period
than the statutory minimum number of days This section shall
not be interpreted to authorize funds in addition to those
specified in this Agreement, and CONSULTANT shall be
responsible for managing the length of animal sheltering within
the funds and resources authorized by this Agreement.
d) CONSULTANT shall provide veterinary care, including
appropriate medical records, for live animals that are
impounded as part of cruelty investigations. CONSULTANT
shall not have an obligation to provide additional services
related to cruelty investigations, including after-hours
emergency veterinary care, post-mortem examinations of
animals that are deceased upon arrival at the Shelter, and off-
site crime scene investigations, but may do so at its sole
discretion upon City request and at the City’s expense.
e) Quarantine of biting animals.
f) Provision for reclaim of abandoned, lost or stray domestic
animals during established business hours.
g) Shelter staff shall make every effort to identify lost animals
(through ID tags and microchips) and to contact owners.
h) Be CITY’s and Contract Cities’ main point of contact (by
phone, in-person, and electronic means) regarding animal
shelter services, including inquiries regarding missing pets.
i) Provide medical evaluation and treatment, if necessary,
to all incoming animals. This includes vaccinations, and
spay and neuter surgeries to domestic animals.
j) Euthanasia (if applicable) and disposal of abandoned, lost,
impounded, or stray domestic animals that are unclaimed by
their owners and found to be diseased and crippled and/or
dangerous as defined by Palo Alto Municipal Code and
California State Law. The City acknowledges
CONSULTANT’s Euthanasia Policy and that CONSULTANT
will apply same at any proceeding it is a party to to determine
if an animal is a dangerous animal.
k) For purposes of clarity, CONSULTANT shall not be
required to provide owner-requested euthanasia at any time,
and CITY acknowledges that CONSULTANT has elected not
to provide or subcontract this service.
l) CONSULTANT shall maintain a public website, separate from
the CITY’s website, with information including without
limitation: shelter hours, volunteer opportunities, adoption
information, medical services offered and information about
those services and contact information.
m) Consultant shall allow CITY Animal Control Officers
access to the shelter at all times for purposes of dropping
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off animals and provide reasonable accommodation for
Animal Control Officers to begin and end their shifts, and
complete administrative work in the shelter.
n) CONSULTANT shall maintain, repair and replace all
surgical room equipment, cages, hoses, and other
equipment at the facility.
o) CONSULTANT shall comply with all federal, state, and
local laws in effect applicable to the Services upon
commencement of the provision of the Services, and shall
be subject to inspection by the CITY and other duly
authorized federal, state, and local authorities to insure
such compliance. This includes the applicable provisions of
Palo Alto Municipal Code Title 6, as amended from time to
time. For the avoidance of doubt, this provision shall not be
construed to expand the scope of the Services as
expressly set forth in this Exhibit “A”.
p) CONSULTANT shall use commercially reasonable efforts to
offer comprehensive volunteer and educational programs which
may include, without limitation: animal fostering programs, dog
walker programs, and animal care trainings.
q) When appropriate, in CONSULTANT’S sole discretion,
CONSULTANT may partner and/or coordinate with adoption
programs, rescue groups, and other no-kill shelters to maximize
the shelter’s adoption rate and/or place animals in suitable
foster care. CONSULTANT shall seek CITY’s approval for
partnerships in which CONSULTANT pays or receives money
or other financial consideration, solely to the extent that such
partnership relates to CONSULTANT’s performance of the
Services. CITY shall approve or deny in writing any such
request within thirty (30) days after receipt of such request.
r) Develop and maintain proactive and consistent communication
and rapport with CITY by:
1. Responding in a timely manner to emails and phone
calls;
2. Communicating and resolving issues and concerns
immediately; and
3. Provide excellent service to CITY staff.
s) The Parties shall work together to develop a
transparent and humane feral cat program that reflects
sheltering best practices and takes into account the impact on
public health and wildlife; the program shall continue the current
practice of not releasing feral cats.
t) Develop, in cooperation with CITY, a disaster preparedness plan.
2. Medical Services
a) CONSULTANT shall provide supplies, and professional and
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trained personnel, employed or under subcontract or contract,
necessary to perform the following services (“Medical
Services”): Provision of veterinarian services 8.5 hours per
day, six days a week to treat and provide veterinarian care for
impounded animals, including for animals picked-up by
Animal Control Officers. Upon City approval, City shall pay for
any after-hours emergency vet services, notwithstanding
animals on stray hold, City shall pay for any after-hours
emergency vet services. After hours is defined as 5pm-
8:30am Monday, Tuesday, Wednesday, Thursday, Friday,
and Saturday, and all day and night Sunday.
b) Monitor quarantined animals.
c) CONSULTANT shall provide low-cost vaccination clinics a
minimum of one time per week. CONSULTANT shall work
toward providing one after-hours or weekend clinic per month.
d) Conduct microchipping.
e) CONSULTANT shall provide low-cost, high quality spay and
neuter services for dogs and cats to the best of its ability,
prioritizing City and Contract City residents. Wait times for
spay and neuter services for City and Contract City residents
shall be no more than one month, except in the event of
unexpected and exceptional circumstances.
f) The City’s Animal Control Officers shall be licensed through
CONSULTANT’S medical authority to administer euthanasia
as necessary for animals that are unclaimed by their owners
and found to be diseased and crippled and/or dangerous as
defined by Palo Alto Municipal Code.
g) Comply with all laws requiring reporting of animal-borne
diseases, including rabies. This includes Municipal Code
section 6.32.020, as amended from time to time.
3. Operating Schedules
a) CONSULTANT shall provide Shelter Services for the animals
twenty-four (24) hours a day, seven (7) days a week.
b) CONSULTANT shall provide emergency veterinary services in
accordance with Section 597(f) of the California Penal Code.
c) CONSULTANT shall have shelter staff on site for care of shelter
animals seven (7) days per week, 365 days per year.
d) CONSULTANT shall maintain public access hours to the shelter
seven days per week, for a minimum of forty (40) hours per week.
CONSULTANT shall post the public hours on its website, and
inform CITY and Contract Cities in writing of any change in hours.
e) CONSULTANT shall observe the following holiday closures for
public hours:
January 1 (New Year’s Day)
Martin Luther King’s birthday
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Memorial Day
July 4th (Independence Day)
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (1/2 Day)
Christmas Day
4. Dead Animal Services
a) CONSULTANT shall provide storage facilities, disposal
mechanisms, administrative personnel, and any other personnel,
supplies and equipment reasonably required to perform the
following services (“Dead Animal Services”):
i. Identification of and notification to the owner of the dead
animal, whenever possible; and
ii. Disposal of the body of the dead animal. CONSULTANT shall
offer animal owners the option to pay for cremation services,
in which case, CONSULTANT shall arrange for cremation with
the appropriate subcontractor.
b) CONSULTANT shall subcontract with one or more
subcontractors for the maintenance of a dead animal storage
facility as well as collection of dead animals and maintenance of
the facility and equipment, all at CONSULTANT’s sole expense.
5. Wildlife
a) The impoundment of wildlife shall be managed by CONSULTANT
staff. An assessment of wildlife shall be done by medical staff, if
necessary. If the animal is severely injured or sick, a licensed
veterinarian shall be consulted, and the case shall be fully
documented in accordance with AVMA guidelines. This
Agreement assumes that all wildlife animals will continue to be
transferred to the Peninsula Humane Society at no cost to the
CITY or to CONSULTANT, as set forth in the Memorandum of
Understanding between CONSULTANT and Peninsula Humane
Society dated November 17, 2017. Should Peninsula Humane
Society request fees for wildlife intake, CONSULTANT and the
CITY shall negotiate in good faith to amend this Agreement per
Section 27.4 herein, to provide for the reimbursement by CITY to
CONSULTANT of such fees (upon documentation of such fees by
CONSULTANT reasonably satisfactory to CITY).
b) Costs for disposal and cremation of dead wildlife shall be the
responsibility of CITY.
6. Records Management
a) CONSULTANT may acquire and use, at its own cost, new shelter
management software that best meets its needs. CONSULTANT
shall be responsible for continuing to use and update Chameleon,
and CITY shall be responsible for paying for the Chameleon
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platform, including all licensing modules for use at the shelter, but
excluding licenses for use at CONSULTANT’s offsite offices or for
data migration or transfer to CONSULTANT’s own platform.
CONSULTANT and CITY shall jointly identify the minimum viable
data that CONSULTANT shall be required to add to Chameleon
upon animal intake.
b) CONSULTANT and CITY’s Animal Control shall maintain joint
access to the Chameleon database, as provided for in this section.
CONSULTANT is responsible for keeping the Chameleon
database updated in a timely fashion. Chameleon data is
designated “For Official Use Only,” meaning, CONSULTANT may
only use such data for the performance of this Agreement, and not
for marketing or any other purposes without the prior written
consent of the CITY’s City Manager or designee. Annual
maintenance fees for the Chameleon software shall be paid by
CITY. Repair and replacement cost of the server and supporting
hardware, if any, shall also be paid by CITY. CONSULTANT shall
not have access to certain areas of the database, such as saved
criminal information (as required by law). CITY shall work with the
database programmer/vendor to ensure that such areas of the
database are not accessible by CONSULTANT. All data entered
into the Chameleon database by any party shall be property of
CITY.
c) Monthly Report
i. CONSULTANT shall deliver to CITY during the term of
this AGREEMENT, and within thirty (30) days of the end
of each month, a monthly Animal Shelter and Impound
Report summarizing monthly and year-to-date services
provided by CONSULTANT for CITY. This report shall
include, but not be limited to, the following information:
(1) Medical statistics including spay and neuter,
microchips, and vaccinations (number of
clinics and number of animals vaccinated) for
City, Contract City, and out-of-jurisdiction
animals.
(2) Number of animals in and out of facility by type of
animal and type of intake and outcome.
(3) City of origin of all animals upon shelter intake.
d) Financial Reporting
i. CONSULTANT shall submit quarterly financial reports for the
Shelter to CITY to include:
(1) Revenues from , adoption fees, and medical services
to include vaccines and spay/neuter surgeries.
(2) Expenditures, to include staffing, contracts, animal
care, indirect costs, and administrative operations.
e) Retention of Records, Right to Monitor and Audit
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i. CONSULTANT shall maintain records relating to
CONSULTANT’s operation of the Palo Alto Animal Shelter
for a period of four (4) years after the expiration or
termination of this Agreement or until any audits or reviews
are completed, whichever comes later, and such records
shall be subject to examination and/or audit of CITY, a
Federal grantor agency, and the State of California for a
period of four (4) years after the expiration or termination of
this Agreement or until any audits or reviews are completed,
whichever comes later.
ii. Records/accounts relating to CONSULTANT’s operation of
the Palo Alto Animal Shelter shall be open and accessible
to inspection upon reasonable notice during normal
business hours throughout the term of this Agreement and
for a period of four (4) years thereafter or until any audits
or reviews are completed, whichever comes later.
iii. Parties, upon request by either party to the other, shall meet
on occasion to consider revisions which may be needed to
the reporting forms created to document performance of the
Services provided.
7. Fundraising, Marketing and Branding
a) CONSULTANT shall create and manage fundraising, marketing,
volunteer development and education programs. Local volunteer
groups shall be integrated into fundraising and other activities and
events when reasonably possible. The “Pets In Need Palo Alto
Animal Shelter” shall be the initial brand name of the shelter to be
operated by CONSULTANT pursuant to this Agreement, and any
logo or name change shall be approved in writing by
CONSULTANT and the CITY’s City Manager or designee prior to
use.
8. Licensing and other fee collection
a) CONSULTANT shall charge fees for services according to the
CITY’s municipal fee schedule or according to state or local laws.
Fees for any services not covered by CITY’s municipal fee
schedule or state or local laws shall be set by CONSULTANT.
CONSULTANT shall take CITY’s comments into consideration
when setting such fees. CITY shall take CONSULTANT's
comments into consideration when setting its municipal fee
schedule.
b) For the first three months of the Term of this Agreement (or any
other period agreed upon in writing by the Parties),
CONTRACTOR shall continue to manage dog licensing, issuance,
and renewals on behalf of CITY and Contract Cities.
CONSULTANT shall collect license fees at fee amounts set by the
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CITY. CONSULTANT shall retain such fees. After this period,
CITY shall manage dog licensing including processing, issuance,
and renewals on behalf of CITY and Contract Cities. Licensing
information shall be included on all Incident Reports and,
additionally, provided to CITY on an as requested basis. CITY
shall collect all associated license fees at the fee amounts set by
CITY. Licensing includes the licensing of dogs as defined in
Municipal Code Chapter 6.16 as amended from time to time.
When needed, CONSULTANT shall assist walk-in customers to
navigate the online application process or provide a paper
application and assist in filling out, as appropriate.
c) CITY shall process citation fees, and collect 100% of these fees.
PETS IN NEED shall process and retain all other fees and
revenues, including without limitation adoption fees, spay, neuter,
impoundment, and other fees as listed in the municipal fee
schedule.
9. Contract Cities; WeCare Alliance
a) CITY and CONSULTANT shall provide services to the City of Los
Altos and the Town of Los Altos Hills (the “Contract Cities”)
pursuant to the CITY’s amended Regional Animal Care and
Control contracts approved by City Council on June 24, 2019.
These contracts are valid through June 30, 2024 with an option for
an additional five-year extension. The Parties agree that this
Agreement assumes that the Contract Cities’ contracts will be in
effect during the entire term of this Agreement.
b) CITY shall consult with CONSULTANT should the contracts with
the Contract Cities be amended or terminated, provided that if any
such amendment or termination is reasonably expected to result in
increased costs to CONSULTANT, such amendment or
termination (if initiated by CITY) shall be subject to
CONSULTANT’s prior written consent. CONSULTANT shall notify
CITY in writing of its consent or lack thereof within forty-five (45)
days after receipt of CITY’s written request, which request shall
include the precise language of such amendment or all relevant
details of such termination (whichever applies). If CONSULTANT
consents, the parties shall amend this Agreement (i) to adjust the
scope of Services accordingly and (ii) to cover any reasonable cost
increases to CONSULTANT.
c) CITY may contract with additional cities, subject to
CONSULTANT’s prior written consent. CONSULTANT shall
notify CITY in writing of its consent or lack thereof within forty-
five (45) days after receipt of CITY’s written request, which
request shall include the text of such proposed contracts. If
CONSULTANT consents, CONSULTANT and CITY shall
amend this Agreement (i) to adjust the scope of Services
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accordingly and (ii) to cover any reasonable cost increases to
CONSULTANT.
d) CONSULTANT shall continue membership in
the WeCare Alliance (www.sheltersfirst.org).
10. Cost Overruns or Changes
a) If CITY or state laws are passed during the term of this Agreement
that require a greater level of service, CITY and CONSULTANT
agree to negotiate in good faith regarding the reimbursement of
CONSULTANT for additional costs associated with implementing
the new laws. If Parties are unable to agree on reimbursement
costs, CONSULTANT shall document the increased costs and
submit to the City Auditor. The City Auditor shall conduct an
independent audit. Parties agree to accept the City Auditor’s
determination of any increased costs.
b) If current state laws are amended, repealed, otherwise changed
or suspended during the term of this Agreement that reduce, alter,
or remove existing relevant mandates, either party may require
the other party to meet to discuss possible financial and
operational impacts of levels of service per the change in law,
including but not limited to any decrease in contract amounts paid
to CONSULTANT, provided that no such decrease shall be
effective unless agreed by CONSULTANT.
11. PIN may also provide additional services not specified in this Agreement at
its own expense. These services must comply with all applicable laws and
City policies. CONSULTANT shall notify CITY 14 days before providing
such services.
III. CITY RESPONSIBILITIES. CITY shall:
1. Provide an adequate and safe facility for CONSULTANT to perform
the Services.
2. Provide Animal Control Officers (ACOs) and their services for CITY
and Contract Cities. This shall include maintenance of ACO vehicles
and equipment. Establish fees for dog licensing and animal
impounding.
3. With regard to the shelter facility, provide and/or pay for utilities, taxes,
electricity, water, gas, waste water, recycling, waste (not animal
disposal except for dead wildlife), internet, Chameleon
software/database and associated support, and Chameleon server
hardware and support (if any), which collectively is estimated to cost
approximately $55,000 per year.
4. Develop and maintain proactive and consistent communication and
rapport with CONSULTANT
a) Respond in a timely manner to emails and phone calls
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b) Communicate and resolve issues and concerns immediately
c) Provide excellent customer service to CONSULTANT staff and
customers
5. Develop, in cooperation with CONSULTANT, a disaster preparedness
plan
6. Administer the agreements between the CITY and the Contract Cities
regarding animal shelter services.
IV. Policies
All City and CONSULTANT policies relating to the operation of the Palo Alto Animal
Shelter shall be kept in a shared online folder and be accessible to all CONSULTANT and
City staff. CONSULTANT shall comply with the City’s shelter policies contained in such
folder.
If either CONSULTANT or the City has an interest in revising or creating a new policy, it
shall notify the other party in writing.
Such notices from CONSULTANT shall be addressed to the City’s Supervising Animal
Control Officer. The Supervising Animal Control Officer will advise the PIN CEO in writing
within five (5) business days whether review and approval are deemed necessary.
Review and approval shall be deemed necessary only if the proposed revision will result in
(a) a change to the terms of the Services Agreement, or (b) a material change in the level
of risk to the City, in services to residents of Palo Alto and/or the contract cities, or in roles
and duties of City staff.
Notices from the City shall be addressed to the CONSULTANT’s CEO, who shall advise
the City in writing within five (5) business days whether review and approval are deemed
necessary. Review and approval shall be deemed necessary only if the proposed revision
or addition shall result in (a) a change to the terms of the Agreement or the cost to
CONSULTANT of performance of the Agreement, or (b) a material change in the level of
risk to CONSULTANT, in services to residents of Palo Alto and/or the contract cities, or in
roles and duties of CONSULTANT’s staff.
In either case, if the response is not an approval, the parties shall meet within five (5)
business days of receipt of the response and attempt in good faith to reach an agreement.
The subject policy may be revised only upon the written agreement of both parties.
CONSULTANT and City shall regularly review generally accepted best animal welfare
practices to ensure all policies in effect at the Palo Alto shelter are up-to-date and in line
with shelter best practices.
V. Corrective Action Plan
The City and CONSULTANT agree to work in good faith to meet the obligations described
in this Agreement. If either party determines that it will not meet a due date or will fail to
deliver a service, it shall promptly send a written corrective action plan to the other
party. The corrective action plan shall include the following information:
• Task that will not be met.
• Justification for failure to complete task
• Plan to correct including timeline to reach full compliance
• Weekly progress updates to Project Manager (of either the City or PIN)
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If the timeline to reach full compliance is not acceptable to the other party, or if compliance
has not been met by the due date identified in the corrective action plan, the parties shall
meet and confer to determine next steps.
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EXHIBIT “B”
COMPENSATION
CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the
schedule below.
SCHEDULE TO EQUAL AND NOT TO EXCEED
(SUBJECT TO SECTION 19 “TERMINATION OR
SUSPENSION OF AGREEMENT OR SERVICES”)
Year 1 $1,370,000.00
Year 2 $1,411,100.00*
Year 3 $1,453,433.00*
Year 4 $1,497,036.00*
Year 5 $1,541,947.00*
Sub-total Basic Services $7,273,516.00*
Reimbursable Expenses $0.00
Contingency Funds $100,000
(not to exceed $20,000 per contract
year)
Maximum Total Compensation $7,373,516.00*
*Annual compensation to PIN will start at $1.37m for Year 1 and increase annually in a
percentage equal to the higher of: (a) three percent (3%) or (b) the yearly percentage
change in CPI using the Bureau of Labor Statistics’ Consumer Price Index for All Urban
Consumers for all items for the San Francisco-Oakland-Hayward area, based on the
change from October to October of each year (starting with October, 2023). The amounts
above are estimates only reflecting a 3% annual increase each year.
CONTINGENCY FUNDS
To request contingency funds, the CONSULTANT shall submit a detailed written proposal
including a description of the scope of services, schedule, level of effort, and
CONSULTANT’s proposed maximum compensation, for such services. In addition to the
factors above, CITY may consider whether contingency funds are appropriate within
existing funding and workload, and contingency funds shall not be released if
CONSULTANT has not exhausted unused or unallocated funds.
The CITY shall notify CONSULTANT in writing of its approval or lack thereof within ten (10)
days after the date of CONSULTANT’s proposal. If CITY’s project manager does not
approve CONSULTANT’s request, CONSULTANT may appeal that decision to the City
Manager.
If authorized by CITY, the contingency services scope, schedule and maximum
compensation shall be negotiated and agreed to in writing by the CITY’s project manager
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and CONSULTANT, and payment shall be made to CONSULTANT, no later than ten (10)
days after the date of CITY’s authorization. Contingency funds are subject to all
requirements and restrictions in this Agreement.
REIMBURSABLE EXPENSES
No Reimbursable Expenses are authorized by CITY through this Agreement, unless
pursuant to a written amendment to this Agreement as provided for herein.
ADDITIONAL SERVICES
No Additional Services are authorized by the CITY through this Agreement, unless pursuant
to a written amendment to this Agreement as provided for herein.
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EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE
TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE
COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-
:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE
OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS
SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
AGGREGATE
YES EMPLOYER’S LIABILITY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
PROPERTY DAMAGE
$5,000,000
$5,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
- 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
YES PROPERTY INSURANCE
YES BUSINESS INTERRUPTION
YES INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT ALL DAMAGES $2,000,000
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 SUBCONTRACTORS, 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. 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
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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 CONSULTANT
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,
CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR
THE NON-PAYMENT OF PREMIUM, CONSULTANT SHALL PROVIDE
CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE
EFFECTIVE DATE OF CANCELLATION.
II. INSURANCE COVERAGE MUST INCLUDE:
1. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE
TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE
CANCELLATION; AND
2. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING
INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO
INDEMNIFY CITY.
3. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S
PRIOR APPROVAL.
Vendors are required to file their evidence of insurance and any other related notices with the City of Palo Alto to the following email at :
PURCHASINGSUPPORT@CITYOFPALOALTO.ORG
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EXHIBIT D
USE OF PREMISES
SECTION 1. USE OF PREMISES. Consultant shall have the exclusive right to enter and use the
Premises during the term of this Agreement for the sole purposes of performing the Services and
fulfilling Consultant’s obligations under the Agreement, as detailed in this Section 1 (“Use of
Premises”) of this Exhibit D. Consultant shall have the right to permit Consultant’s employees, agents
and subcontractors to enter and access the Premises for the sole purposes of performing the Services
and fulfilling Consultant’s obligations under this Agreement. Consultant shall have the right to
exclude third parties and trespassers onto the Premises. Notwithstanding the foregoing, City’s
Animal Control Officers and their supervisors have the right to enter the Premises at any time. In
addition, City has the right to enter Premises at any time for the purposes of inspection, emergency
response and the performance of City obligations under this Agreement. Consultant shall, at City’s
request, promptly remove any of Consultant’s property or Consultant-installed improvements on the
Premises to allow City access to the utilities or other City owned facilities/property. In the event City
deems it necessary, for purposes of health, safety or building code requirements, in City’s sole
discretion, City shall have the right to move, alter or remove any such property or improvements and
City shall be responsible for promptly restoring or returning the same to its prior condition.
SECTION 2. CONDITION OF PREMISES, CLEANING AND MAINTENANCE.
2.1 Condition of Premises, Routine Interior Cleaning and Janitorial Activities. In
connection with its use, Consultant shall maintain the Premises in a clean, safe, secure, orderly, and
sanitary condition, consistent with a commercially reasonable standard for a well-run animal shelter
facility, so far as the Premises may be affected by Consultant’s activities under this Agreement.
Specifically, Consultant shall undertake routine cleaning and janitorial activities as necessary to
maintain the interior of the Premises in an orderly condition, as above, provided that nothing in this
section shall obligate Consultant to make any alterations or capital improvements to the Premises.
Consultant shall maintain all of its own equipment, furnishings and trade fixtures upon the Premises
which are required for the maintenance and operation of the Palo Alto Animal Shelter.
2.2 Maintenance and Utilities. Outside of Consultant’s responsibilities for routine
interior cleaning and janitorial activities in Section 2.1 of this Exhibit, City shall be responsible for
the maintenance of the interior and exterior of the Premises and the surrounding grounds, including
(without limitation) the maintenance, repair, and replacement of the roof, building structure,
improvements, and the HVAC, electrical, plumbing, and other building systems. City shall perform
any alterations to the Premises (1) required by applicable laws or laws of general application (i.e.
ADA, seismic regulations, and building codes) and (2) to ensure that utilities (including, without
limitation, water, gas, and electricity) are available to the Premises, in amounts sufficient for
Consultant to perform the Services. In the event of a utilities outage, the City will work diligently to
restore availability as quickly as possible. City shall promptly perform its obligations under this
Section 2.2 (“Maintenance and Utilities”). In the event of a maintenance issue that impacts the health
and safety of the operations, the City shall respond within 24 hours of receipt of notice from
Consultant to develop an action plan to address the issue in an expedited timeframe.
SECTION 3. HAZARDOUS MATERIALS.
3.1 Environmental Laws. “Environmental Laws” means any applicable federal, state
or local laws and regulations relating to Hazardous Material (including, without limitation, its use,
handling, transportation, production, disposal, discharge or storage) or to human health and safety,
industrial hygiene or environmental conditions in, on, under or adjacent to the Premises, including
without limitation soil, air and groundwater conditions.
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3.2 Hazardous Materials. “Hazardous Materials” means any substance, material,
waste, pollutant or contaminant which is regulated by applicable Environmental Laws as being
hazardous, toxic, flammable, carcinogenic, explosive or radioactive, or is potentially injurious to the
public health, safety or welfare or the environment.
3.3 Release. “Release,” when used with respect to Hazardous Materials, means any
actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, depositing, or disposing on, in, under or adjacent to the Premises, or
any improvements constructed hereunder by or on behalf of the Consultant, or in, on, under or
adjacent to the Premises or any portion thereof in violation of Environmental Laws.
3.4 Remediation. “Remediation” (and derivatives thereof such as an without limitation
“remediate”), when used with reference to Hazardous Materials, means any activities undertaken to
clean up, remove, contain, treat, stabilize, monitor or otherwise control Hazardous Materials located
in, on or under or adjacent to the Premises, or which have been or are being, or risk of being Released
into the environment. Remediation includes, without limitation, those actions included within the
definition of “remedy” or “remedial action” in California Health and Safety Code Section 25322 and
"remove" or "removal" in California Health and Safety Code Section 25323, and as may be amended
from time to time.
3.5 No Hazardous Materials. Consultant covenants and agrees that Consultant shall
not, nor shall Consultant permit any of Consultant’s officers, employees, agents, or subcontractors,
to cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated,
deposited or disposed of in, on, under or adjacent to the Premises in violation of Environmental Laws,
provided that Consultant may store and use such substances in and on the Premises in such limited
amounts as are customarily used in the operation of an animal shelter such as the Premises so long
as such storage and use is at all times in full compliance with all applicable Environmental Laws and
permits. Consultant shall notify the City as soon as possible within 24 hours if and when it learns or
has reason to believe that there has been any Release of Hazardous Material in, on, under or adjacent
to the Premises. The City may request Consultant to provide adequate information for City to
determine that any Hazardous Material permitted hereunder is being handled in compliance with all
applicable Environmental Laws, and Consultant shall promptly provide all such information. In the
event that any Hazardous Material is Released in, on, under or adjacent to the Premises by Consultant
or any of Consultant’s officers, agents, employees, or subcontractors, Consultant shall promptly
undertake all necessary actions to Remediate the contaminating Hazardous Material from the
Premises and to return the Premises and other City property affected thereby, to the condition existing
prior to such Release, or its reasonable equivalent or better, and otherwise investigate and Remediate
the Release in accordance with applicable Environmental Laws, at no cost to City. Notwithstanding
the foregoing, and excluding Consultant’s notice obligations under this Section, Consultant shall
have no Remediation obligations under this Section for (i) the mere discovery of any preexisting
condition, or (ii) any conditions arising out of any action or inaction of City, its Council members,
officers, employees, agents or subcontractors, and not contributed to by any action or inaction of
Consultant or Consultant’s officers, employees, agents, or subcontractors, (iii) any conditions arising
out of any action or inaction of third party vendors that are not an agent or subcontractor of
Consultant, and not contributed to by any action or inaction of Consultant or Consultant’s officers,
employees, agents, or subcontractors, (iv) any conditions arising out of any action or inaction of a
third party, not an agent or subcontractor of Consultant, and not contributed to by any action or
inaction of Consultant or Consultant’s officers, employees, agents, or subcontractors.
3.6 Hazardous Material Indemnity. Consultant shall, on behalf of itself and its
successors and assigns, indemnify, defend and hold harmless City, its Council members, officers,
employees and contractors (each a “City Indemnified Party”) from and against any and all claims,
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liabilities, penalties, forfeitures, losses and/or expenses (including, without limitation, diminution in
value of the Premise, damages for the loss or restriction on use of the rentable or usable space or of
any amenity of the Premise, damages arising from any adverse impact or marketing of the Premises
and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, reasonable
attorneys’ fees, reasonable expert fees, judgments, administrative rulings or orders, fines, penalties,
costs of death of or injury), to any person or damage to any property whatsoever (including, without
limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, in
whole or in part, directly or indirectly, by the presence or discharge in, on, under or adjacent to the
Premises by Consultant, or Consultant’s officers, employees, agents or subcontractors, of Hazardous
Material, or by any such party’s failure to comply with any applicable Environmental Law, whether
knowingly or by strict liability. Such Consultant indemnity obligations include, without limitation,
and whether foreseeable or unforeseeable, all costs of any Hazardous Materials management plan,
closure, investigation, repairs, and Remediation and restoration of the Premises to its prior condition.
For purposes of such indemnity obligations, any acts or omissions of Consultant, its officers,
employees, agents, or subcontractors (whether or not they are negligent, intentional, willful or
unlawful) shall be strictly attributable to Consultant. Consultant shall provide the City with written
notice of and afford City a full opportunity to participate in any discussions with governmental
regulatory agencies regarding any settlement agreement, Remediation or abatement agreement,
consent decree, permit, approvals, or other compromise or proceeding involving a Release of
Hazardous Materials in, on, under, or adjacent to the Premises by Consultant or Consultant’s officers,
employees, agents, or subcontractors as detailed in this Section. Notwithstanding the foregoing,
Consultant shall have no obligation to indemnify the City or any City Indemnified Party for (i) the
mere discovery of any preexisting condition, or (ii) any conditions arising out of any action or
inaction of City, its Council members, officers, employees, agents or subcontractors and not
contributed to by any action or inaction of Consultant or Consultant’s officers, employees, agents, or
subcontractors, (iii) any conditions arising out of any action or inaction of third party vendors that
are not an agent or subcontractor of Consultant, and not contributed to by any action or inaction of
Consultant or Consultant’s officers, employees, agents, or subcontractors, (iv) any conditions arising
out of any action or inaction of a third party, not an agent or subcontractor of Consultant, and not
contributed to by any action or inaction of Consultant or Consultant’s officers, employees, agents, or
subcontractors.
SECTION 4. DAMAGE TO UTILITIES. Consultant shall exercise reasonable care to not do
anything in, on, under or adjacent to the Premises that damages any City utilities (e.g. gas, water,
wastewater, fiber, electric) located in, on, under or about the Premises. Consultant agrees to
reimburse City within thirty (30) calendar days of City’s written request for any damages caused to
City owned utilities caused by a failure of PIN to exercise reasonable care the Premises.
SECTION 5. [RESERVED BY AGREEMENT OF THE PARTIES]
SECTION 6. SURRENDER; DUTIES UPON TERMINATION OR EXPIRATION. Upon the
expiration or earlier termination of this Agreement, Consultant shall immediately surrender the
Premises in the same condition as received upon completion of the improvements detailed in this
Agreement and any other improvements completed by City during the term of this Agreement
(excepting reasonable wear and tear; casualty not caused or contributed to by Consultant or its
officials, employees, agents or subcontractors; or condemnation not caused or contributed to by
Consultant or its employees, agents or subcontractors), broom cleaned, walk-through with City staff
completed, and free from hazards that are not pre-existing and were not introduced by the City or its
officials employees, agents or subcontractors and clear of all debris that is not pre-existing and was
not introduced by the City or its officials, employees, agents or subcontractors. At such time,
Consultant shall remove all of its property from the Premises hereunder, and shall repair, at its cost,
any damage to the Premises caused by such removal. Consultant’s obligations under this Section
shall survive any termination of this Agreement. Consultant shall deliver to the City the originals of
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all books, permits, plans, records, licenses, contracts, and other documents pertaining to the Premises
and its operation, any insurance policies, bills of sale or other documents evidencing title or rights of
the City, and any and all other records or documents pertaining to the Premise, whether or not
enumerated herein, which are requested by the City or necessary or desirable for the ownership and
operation of the Premise, which are in the Consultant’s possession. Consultant shall also deliver to
City all keys, alarm codes, passwords, and other items used to secure the Premise. Consultant further
agrees to do all other reasonable things reasonably necessary to cause an orderly transition of the
management and operation of the Premises. The provisions of this Section shall survive the expiration
or earlier termination of this Agreement until the obligations of the Consultant under this Section are
fulfilled to the reasonable satisfaction of the City.
SECTION 7. REPAIR OF DAMAGE. If any portion of the Premises or any property of City
located in, on, under or adjacent to the Premises is damaged or at risk of damage by any of the
activities conducted by Consultant or anyone acting by or through Consultant, Consultant shall
immediately notify City in writing of such damage or risk of damage. City may remedy, but shall not
be obligated to remedy, such damage or risk of damage at Consultant’s sole cost, or City may elect
to witness Consultant’s repair work. In the event City elects not to remedy such damage or threat,
Consultant shall repair any and all such damage and restore the Premises or such property to its
previous condition subject to City’s inspection, review and approval.
SECTION 8. CITY’S RIGHT TO CURE DEFAULTS BY CONSULTANT. If Consultant fails
to perform any of its obligations under this Exhibit D to restore the Premise, remove or alter
improvements or repair damage, or if Consultant defaults in the performance of any of its other
obligations under this Exhibit D within a reasonable time after demand by City, then City may, at its
sole option, remedy such failure at Consultant’s expense; within ten (10) days of receipt of a bill,
Consultant shall promptly reimburse the City’s actual reasonable costs (including without limitation
all costs, damages, expenses or liabilities incurred by City, reasonable attorneys’, experts’ and
Consultants’ fees) in remedying or attempting to remedy such failure, or City may reduce any
outstanding amount due to Consultant under the Agreement by the cost to City of such remedial
action. In the alternative, the cost thereof may be made a lien on Consultant’s property as provided
in section 12.12.010 of the Palo Alto Municipal Code. Any such remedial action by City shall not be
construed as a waiver of any rights or remedies of City under this Exhibit D or the Agreement, and
nothing herein shall imply any duty of City to do any act that Consultant is obligated to perform.
Consultant’s obligations under this Section shall survive the expiration or earlier termination of this
Exhibit D.
SECTION 9. GENERAL PROVISIONS. (a) If Consultant consists of more than one person, the
obligations of each person shall be joint and several. (b) Consultant may not record this Exhibit D
or any memorandum hereof. (c) Any sale or conveyance by City of the Premises, the provisions of
Section 19 (“Termination or Suspension of Agreement or Services”) of this Agreement shall govern.
SECTION 10. HOLDING OVER. If Consultant remains in possession of the Premises or any part
thereof after the expiration of the term of this Agreement, or any renewal option thereto, such
occupancy shall be a revocable license from month to month with all the obligations of this Exhibit
D applicable to Consultant. Nothing contained Exhibit D or in the Agreement shall give to Consultant
the right to occupy the Premises after the expiration of the term of this Agreement, or any renewal
option thereto, or upon any earlier termination.
SECTION 11. WAIVER OF CIVIL CODE. Consultant expressly waives the benefit of any statute
now or hereinafter in effect, including the provisions of sections 1941 and 1942 of the Civil Code of
California, to the extent applicable, which would otherwise afford Consultant the right to make
repairs at City’s expense or to terminate this Agreement because of City’s failure to keep Premises
in good order, condition and repair.
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SECTION 12. ALTERATIONS BY CONSULTANT. Consultant may undertake improvements
to the Premises not specified in this Agreement at its own cost and upon City approval. Consultant
shall comply with all public agency and other legal requirements for such improvements, including
prevailing wage laws as applicable. Without City approval, Consultant may make alterations or
improvements that cost less than Ten Thousand Dollars ($10,000.00) and which do not affect any
building systems or the structural integrity or any structural components of the Premises. However,
CITY approval is required for any CONSULTANT improvement involving the installation or use of
equipment that can monitor and/or record sound or video of the Premises or portions thereof,
including surveillance cameras.
12.1 Ownership of Improvements. All improvements constructed, erected, or installed
upon the Premises by Consultant must be free and clear of all liens, claims, or liability for labor or
material and shall become the property of City, at its election, upon expiration or earlier termination
of the term, and shall remain upon the Premises upon expiration or earlier termination of this
Agreement. Any furniture, trade fixtures installed by Consultant, equipment or other property of
Consultant (whether obtained prior to or during the term of this Agreement) shall remain the property
of Consultant.
12.2 Indemnity for Claims Arising Out of Construction. For the avoidance of doubt,
included in Consultant’s obligations under Section 16 (“Indemnity; Limitation of Liability”) of the
Agreement to which this is an exhibit, is Consultant’s obligation to indemnify, defend and hold
harmless City Indemnified Parties against all Claims arising out of construction and maintenance
work performed on the Premises by Consultant or caused to be performed on the Premises by
Consultant.
12.3 Certificate of Inspection. In the event Consultant will perform, or cause to be
performed, any construction, improvement or alteration or any other work on or to the Premises for
which City requires a certificate of completion, then upon completion of any such construction,
improvement or alteration, Consultant shall submit to the City Manager a Certificate of Inspection,
verifying that such construction, improvement or alteration was completed in conformance with Title
20 of the California Code of Regulations for residential construction, or in conformance with Title
24 of the California Code of Regulations for non-residential construction, as applicable.
12.4 As Built Plans. Consultant shall provide the City Manager with a complete set of
reproducible “as built plans” reflecting actual construction within or upon the Premises upon
completion of any: (i) new construction or (ii) structural alterations.
SECTION 13. ASBESTOS NOTIFICATION. Consultant acknowledges that City has advised
Consultant that the Premises contains, or because of its age, is likely to contain asbestos-containing
materials (“ACMs”). If Consultant undertakes any alterations, additions, or improvements to the
Premises, Consultant shall do so in a manner that avoids disturbing any ACMs present on the
Premises. If ACMs are likely to be disturbed in the course of such work, Consultant shall encapsulate
or remove the ACMs in accordance with an asbestos-removal plan approved by the City and
otherwise in accordance with all applicable laws, including giving all notices required, if any, by
California Health and Safety Code §§ 25915-25919.7, as may be amended.
SECTION 14. MATERIAL CASUALTY
14.1 Damage and Repair. If a Material Casualty (as defined herein) occurs, then the City
shall determine, in its sole and absolute discretion, whether it wishes to continue to operate the
Premises as an animal shelter. The City’s failure to provide written notice to Consultant of such
election within thirty (30) days after the occurrence of a Material Casualty or other damage or
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destruction of the Premises shall constitute the City’s election to continue the operation of the
Premises as an animal shelter. If the City elects (or is deemed to elect) to continue the operation of
the Premises as an animal shelter after a Material Casualty, or if the Premises is damaged but such
damage does not constitute a Material Casualty, then the City shall promptly reconstruct or repair the
destroyed or damaged portion of the Premises. City shall pay all costs of repairing and reconstructing
the Premises. A “Material Casualty” is a total destruction of the Premises or any damage to the
Premises the repair of which would exceed the City Manager’s Council-delegated contracting
authority under Palo Alto Municipal Code section 2.30.210, depending on the applicable contract
types in relation to the repairs required.
14.2 Termination. If City notifies Consultant in writing within thirty (30) days after the
occurrence of a Material Casualty that the City elects to not continue the operation of the Premises
as an animal shelter after such Material Casualty, then the Agreement shall immediately terminate as
of the date such notice is delivered to Consultant. In the event of such termination, (i) City shall pay
Consultant’s reasonable costs in winding down the operations at the Premises, including, but not
limited to, any costs associated with the termination of employees by Consultant and (ii) Consultant
shall be entitled to retain its prorated compensation amount for the quarter in which termination
occurs (prorated for the number of days in such quarter that elapsed up to the date of termination).
14.3 Continuation. If the City elects (or is deemed to elect) or is obligated to reconstruct
or repair the damaged portions of the Premises because such damage does not constitute a Material
Casualty pursuant to Section 14.1 (“Damage and Repair”), the City and Consultant shall make a
determination as to whether the Premises will continue to operate during the reconstruction/repair
period. If the parties mutually determine (in their respective reasonable discretion) that the Premises
will operate during such period, this Agreement shall remain in full force and effect. Otherwise,
Consultant’s obligations to provide animal shelter services under this Agreement shall be suspended
during such period. In the event of such suspension, (i) City shall pay Consultant’s reasonable costs
incurred by Consultant during any such suspension of operations and (ii) Consultant shall be entitled
to retain its prorated compensation amount for the quarter in which suspension occurs (prorated for
the number of days in such quarter that elapsed up to the date of suspension). City shall further pay
all reasonable costs incurred by Consultant due to such suspension. If the parties desire, during the
suspension period, the parties may negotiate in good faith to try to provide for animal shelter services
to the best of the parties’ reasonable abilities under the circumstances of such a suspension.
SECTION 15. CITY IMPROVEMENTS TO PREMISES. The City has worked with Consultant
to identify improvements to the Premises. The City shall improve the Premises as follows:
15.1 Capital Improvement Budget. City shall allocate $2,500,000 in one lump sum in
FY2025 for the shelter capital improvements listed in this Section 15. If such funds are unspent (or
partially unspent) in any given year, the balance will be reappropriated to the same CIP in the
following fiscal year, subject to City Council approval.
15.2 Capital Improvement Oversight. City will manage all phases of capital
improvement projects, including planning, design, and construction, with input from Consultant.
City shall contract with a reputable animal specialty architecture firm for design of any building
improvements.
15.3 Priority of Capital Improvements. Capital improvements will be prioritized in the
following order, subject to the budget limits in Section 15.1:
1. New cat and small animal area to include a specific intake area and meet and greet space.
2. Additional dog kennel improvements to include large guillotine doors and any needed
safety retrofitting.
3. Retrofit medical suite to better accommodate large animals.
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15.8 All work performed by the City shall be performed in a workmanlike manner, in
compliance with all applicable laws., City shall take reasonable steps to perform such work in a
manner which results in minimal disruption to Consultant’s activities in the Premises. Consultant
will take reasonable steps to accommodate City’s work. The City shall enforce all applicable third
party warranties at the request of Consultant. City shall promptly obtain final certificates of
occupancy for all applicable portions of the Premises.
15.9 Renovation Timeline Updates. City shall provide renovation timeline updates to
Consultant on a quarterly basis or more frequently upon request. Six months after the commencement
of the construction of the improvements detailed in this Agreement, the parties will meet to review
whether the renovation timelines stated herein are on track.
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Term Sheet DRAFT
•Final budget is subject to City Council approval.
•City will manage all phases of capital improvement projects to include planning,
design, and construction, with input from PIN.
•City will contract with a reputable animal environment specialty architecture firm
for design of any building improvements.
•New cat and small animal area to include a specific intake area and meet and
greet space.
•Additional dog kennel improvements to include large guillotine doors and any
needed safety retrofitting.
•Retrofit medical suite to better accommodate large animals.
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F. Annual compensation to PIN will start at $1.37M for Year 1 and increase annually at a
minimum of the CPI cost-of-living increase for each year plus an annual contingency of
$20,000 for ancillary expenses.
G. City will cover all costs of delivering any additional services City requires of PIN above and
beyond the original 2019 Agreement (such as additional spay neuter requirements).
H. PIN may also provide additional services not specified in the new Agreement at its own
expense. Services must comply with all applicable laws and City policies. PIN will notify
City staff 14 days before providing such services.
I. In addition to the monthly fee due to PIN under the new Agreement, City shall pay to
PIN the difference between the monthly fee (1) specified for Year 5 in Exhibit B of the
2019 Agreement and (2) the monthly fee specified for Year 1 in the new Agreement,
retroactive from the effective date of the new Agreement to June 1, 2023. By way of
example only, if the Agreement is effective October 1, 2023, City shall pay to PIN the
difference between the new monthly fee and the amounts due under the 2019
Agreement for the months of June, July, August, and September 2023. Based on the
compensation agreed in this Term Sheet, the monthly additional fee shall be $55,535.
Scope of Services:
PIN will provide the services specified in the current Agreement, with the following
modifications:
J.Shelter hours. PIN will maintain public access hours to the shelter seven days per week,
for a minimum of 40 hours per week. The shelter may be closed to the public on PIN
observed holidays.
K.Spay/neuter. PIN will provide low-cost, high-quality spay/neuter services to dogs and cats
to the best of its ability, prioritizing residents of Palo Alto, Los Altos, and Los Altos Hills.
Wait times for surgery for in-jurisdiction animals will be no more than one month, except
in the event of unexpected and exceptional circumstances.
L.Vaccine Clinics. PIN will provide low-cost vaccination clinics in Palo Alto a minimum of
one time per week. PIN will work toward providing one after-hours or weekend clinic per
month.
M.After-hours emergency vet care. For animals on stray hold, City will pay for any after-
hours emergency vet services.
N.Cruelty investigations. PIN will provide veterinary care, including appropriate medical
records, for live animals that are impounded as part of cruelty investigations. However,
PIN will not have an obligation to provide additional services related to cruelty
investigations, including after-hours emergency veterinary care, post-mortem
examinations of animals that are deceased upon arrival at PIN, and off-site crime scene
investigations, but may do so at its sole discretion.
O.Disposal of Dead Wildlife. Costs for disposal and cremation of dead wildlife will be the
responsibility of the City.
P.Reporting. PIN will submit monthly activity reports to include the following information:
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•Medical statistics including spay and neuter, microchips, and vaccinations
(number of clinics and number of animals vaccinated) for in jurisdiction and out
of jurisdiction animals.
•Number of animals in and out of the shelter by type of animal and type of intake
and outcome.
•City of origin of all animals upon shelter intake.
PIN will submit quarterly financial reports for the Palo Alto Animal Shelter to the City to
include:
•Revenues from donations that benefit the Palo Alto Animal Shelter, adoption
fees, and medical services to include vaccines and spay/neuter surgeries.
•Expenditures, to include staffing, contracts, animal care, indirect costs, and
administrative operations.
City and PIN agree to the following:
Q.Feral Cat Policy. Both parties will work together to develop a transparent and humane
feral cat program that reflects sheltering best practices and takes into account the impact
on public health and wildlife. The program will continue the current practice of not
releasing feral cats.
R.Animal Welfare. PIN and the City will regularly review generally accepted best animal
welfare practices to ensure all policies in effect at the Palo Alto shelter are up-to-date and
in line with shelter best practices.
S.Animal Shelter Software. PIN is at liberty to acquire, at its own cost, new shelter
management software that best meets its needs. The City will work with PIN to identify
the minimum viable data that PIN will be required to add to the current, shared software
system Chameleon upon PIN animal intake.
T.Existing City Policy. PIN will comply with all applicable municipal and other laws, and with
the City’s shelter policies. PIN policies approved by the City will be specified in the new
Agreement. If either PIN or the City has an interest in revising or creating a new policy, it
will notify the other party in writing.
Notices from PIN will be addressed to the Supervising Animal Control Officer. The
Supervising Animal Control Officer will advise the PIN CEO in writing within five (5)
business days whether review and approval are deemed necessary. Review and approval
will be deemed necessary only if the proposed revision will result in (a) a change to the
terms of the Services Agreement, or (b) a material change in the level of risk to the City,
in services to residents of Palo Alto and/or the contract cities, or in roles and duties of
City staff.
Notices from the City will be addressed to the PIN CEO, who will advise the City in
writing within five (5) business days whether review and approval are deemed
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necessary. Review and approval will be deemed necessary only if the proposed revision
or addition will result in (a) a change to the terms of the Agreement or the cost to PIN of
performance of the Agreement, or (b) a material change in the level of risk to PIN, in
services to residents of Palo Alto and/or the contract cities, or in roles and duties of PIN
staff.
In either case, if the response is not an approval, the parties will meet within five (5)
business days of receipt of the response and attempt in good faith to reach an
agreement. The subject policy may be revised only upon the written agreement of both
parties.
All City and PIN policies relating to the operation of the Palo Alto Animal Shelter will be
kept in a shared online folder and be accessible to all PIN and City staff.
U.Corrective Action Plan. The City and PIN agree to work in good faith to meet the
obligations described in the Scope of Services and Capital Improvements sections of the
Agreement. If either party determines that it will not meet a due date or will fail to
deliver a service, it will promptly send a written corrective action plan to the other
party. The corrective action plan will include the following information:
•Task that will not be met.
•Justification for failure to complete task
•Plan to correct including timeline to reach full compliance
•Weekly progress updates to Project Manager (of either the City or PIN)
If the timeline to reach full compliance is not acceptable to the other party, or if compliance has
not been met by the due date identified in the corrective action plan, the parties will meet and
confer to determine next steps.
Force Majeure
V. Standard Force Majeure provision to be added, including epidemics and quarantines.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: March 18, 2024
Report #:2312-2330
TITLE
Adoption of a Resolution Authorizing Use of the City’s Activity (1) Permanent Local Housing
Allocation (PLHA) 2019, 2020, and 2021 Allocations for Predevelopment Activities,
Construction, and/or Permanent Financing of New Affordable Housing at the Matadero Creek
Affordable Housing Site, and Approve FY 2024 Budget Amendments in the Permanent Local
Housing Allocation Fund; CEQA Status – not a project.
RECOMMENDATION
Staff recommends that City Council take the following actions in support of the City using its
Activity (1) PLHA 2019, 2020, and 2021 Allocations:
1. Adopt the Resolution (Attachment A) authorizing use of the City’s Activity (1) PLHA
2019, 2020, and 2021 allocations for predevelopment activities, construction, and
permanent financing of new affordable housing at the Matadero Creek affordable
housing site identified in the Sobrato Development Agreement, approved on September
12, 2023; and
2. Amend the Fiscal Year 2024 Budget Appropriation Ordinance (Required 2/3 vote) for the
Permanent Local Housing Allocation (PLHA) Fund (Fund 253) by:
a. Increasing the Other Revenue estimate by $243,756; and
b. Increasing the Planning and Development Services Contract Services by $243,756.
EXECUTIVE SUMMARY
Permanent Local Housing Allocation (PLHA) Program funding is a permanent, ongoing annual
source of funding, but these funds need to be assigned to activities identified in the City’s 5-
Year PLHA plan. The City is preparing to receive approximately $243,756 in PLHA Activity (1)
funds, which were already programmed in the City’s 5-Year PLHA plan for affordable housing
activities.
Approval of the recommended actions would assign the PLHA Activity (1) funds for PLHA
Calendar Years 2019, 2020, and 2021 toward predevelopment activities, construction, and
permanent financing of new affordable housing at the Matadero Creek affordable housing site,
which is the dedicated affordable housing site identified in the approved Sobrato Development
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Agreement1,2 and in the City’s Housing Element. Execution of the draft Resolution and City
submittal to HCD would allow HCD to release Calendar Year 2019 funds to the City by their
deadline of April 30, 2024.
BACKGROUND
3,4 The City’s 5-Year PLHA plan specified that the
anticipated total of $1,388,976 for the PLHA calendar years 2019 through 2023 would be used
for the following City priorities:
•Assistance to persons experiencing or at risk of homelessness (Activity (6)), including:
o Outreach and services to those experiencing homelessness,
o Operating expenses for the forthcoming Homekey shelter, and
•Affordable housing rental unit preservation, new construction, and operating subsidies
(Activity (1)).
1 City Council September 5, 2023 and September 12, 2023, City Manager Report #:2306-1633, 3200 Park
Boulevard/340 Portage [22PLN-00287 and 22PLN-00288]:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13288.
2 Staff refers to the dedicated affordable housing site in the Sobrato Development Agreement at the Matadero
Creek affordable housing site as a placeholder name so that the City’s PLHA request for funds and future annual
reporting will not use the Sobrato name.
3 City Council authorized submittal of the City’s PLHA 5-Year Funding Plan at City Council Meeting October 24,
2022, Agenda Item 5, City Manager Report ID # 14715:
https://www.cityofpaloalto.org/files/assets/public/v/7/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20221024/20221024pccsm-amended.pdf;
4 The following activities are allowable under PLHA Section 301(a) Activity (1): The predevelopment, development,
acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable
to Extremely low-, Very low-, Low-, or Moderate-income households, including necessary Operating subsidies.
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The 5-Year PLHA plan contains the following funding distribution for Calendar Year amounts
known at the time of application:
5
Palo Alto is to receive $198,460 after the City submits a streamlined application in
Spring/Summer 2024. The 5-Year PLHA plan already assigns this Calendar Year 2022 funding as
follows:
•60% assigned to Activity (6) outreach and services;
•20% assigned to Activity (6) Homekey shelter operational expenses; and
•20% to Activity (1) affordable housing activities.
6 The City
Manager’s Office will request PLHA funding for Homekey shelter operating expenses later this
year. The Planning & Development Services Department submitted a request to HCD for PLHA
Activity (1) funds but needs Council budget recognition to receive and expend funds and a
resolution is the most efficient way to provide HCD with documentation confirming that
activities will be pursued.
ANALYSIS
5 HCD announces PLHA allocations each year via a Notice of Funding Availability (NOFA) for the preceding calendar
year. For Calendar Year 2022 PLHA allocations, the NOFA had a planned release of September 2023. However, the
NOFA was actually released in December 2023 with application materials following in February 2024. HCD now
reviews PLHA applications on an over-the-counter basis and staff will submit an application in Spring 2024 for the
City to receive Calendar 2022 funds.
6 City Council Meeting December 18, 2023, Agenda Item 17, City Manager Report # 2311-2216:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13074.
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Agreement Environmental Impact Report and has already directed for the project to occur. This
allows the Planning & Development Services Department and Real Estate to prepare for any
next steps to commence predevelopment activities, including preparation and release of a
Request for Information or a Request for Proposals for an affordable housing developer
partner.
th Cycle Housing Element period. The location and site control for
this future 100% affordable housing project has been approved by City Council through the
Sobrato Development Agreement process, which anticipates dedication of 3.25 acres of a
14.65-acre site to the City for the purposes of an affordable housing project and adjacent public
park.
•aggregating the available Activity (1) funds for one project responds to the significant
overall cost of affordable housing construction per bedroom and per unit;
•having more funds already dedicated and on hand could help expedite preconstruction
activities after an affordable housing partner is identified for the project; and
•using the funds for only one project reduces the City administrative time necessary to
prepare loan and other regulatory documents and time required for annual grant
reporting.
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In the future, PLHA Activity (1) funds for Calendar Years 2022, 2023, and even future years
could be assigned to predevelopment activities, construction, and/or permanent financing for
the Matadero Creek affordable housing site, or the City could identify a different affordable
housing site.
FISCAL/RESOURCE IMPACT
Approval of the recommended actions would not have a fiscal or resource impact to the City
beyond what has already been directed by City Council for staff pursuit of new affordable
housing at the Matadero Creek affordable housing site and staff administration of PLHA grant
funding. Execution of the draft Resolution (Attachment A) is the most efficient way to provide
HCD with documentation confirming that activities will be pursued at the site so that PLHA
Activity (1) funds could be released. The PLHA Activity (1) funds will be available to cover a
portion of anticipated associated costs incurred by a future affordable housing developer
partner, such as for future architectural and engineering services. The City’s 5-Year PLHA plan
does not allocate PLHA funds toward staff administrative costs.
STAKEHOLDER ENGAGEMENT
The 5-Year PLHA plan was adopted at a City Council public hearing. The Sobrato Development
Agreement involved community meetings and multiple City Council public hearings. Staff did
not conduct any other stakeholder engagement, given that the recommended actions are
consistent with pursuing new affordable housing at the Matadero Creek affordable housing
site, consistent with PLHA grant administration duties, and involve budget recognition of
previously anticipated PLHA funds.
ENVIRONMENTAL REVIEW
Adoption of the draft Resolution and approval of budget amendments are not considered
projects under the California Environmental Quality Act (CEQA) per CEQA Guidelines
15061(b)(3). New affordable housing units at the Matadero Creek affordable housing site was
reviewed as part of the certified Environmental Impact Report for the Sobrato Development
Agreement, as documented in City of Palo Alto Resolution No. 10123.7
ATTACHMENTS
Attachment A: Resolution Directing Staff to Commence Predevelopment Activities for the
Matadero Creek Affordable Housing Site
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
7 City Council September 5, 2023 and September 12, 2023, City Manager Report #:2306-1633, 3200 Park
Boulevard/340 Portage [22PLN-00287 and 22PLN-00288]:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13288.
City of Palo Alto Resolution No. 10123: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=61965
.
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Resolution No. ______
Resolution of the Council of the City of Palo Alto Directing Staff to
Commence Predevelopment Activities for the Matadero Creek
Affordable Housing Site
R E C I T A L S
A. On October 2, 2023, the City Council of the City of Palo Alto adopted Ordinance 5595,
adopting a Development Agreement for the redevelopment of the 14.65 acre property at
200-404 Portage Avenue, 3040-3250 Park Boulevard, 3201-3225 Ash Street, and 278
Lambert Avenue (“Development Agreement Project”).
B. One of the key public benefits provided under the Development Agreement is the
dedication of 3.25 acres of land to the City, of which approximately one acre is intended
as the site of a future affordable housing project (“Matadero Creek Affordable Housing
Site” or “Site”).
C. The certified Environmental Impact Report (“EIR”) for the Development Agreement
Project included analysis of up to 75 affordable rental units on the site to be dedicated to
the City.
D. On October 2, 2023, the City Council adopted Ordinance No. 5600, rezoning the Site to
support the future development of a housing project.
E. Several aspects of site preparation for the Site are completed or underway (e.g. Phase I
reports, relocation of monitoring wells, and underground utility installation to
accommodate the future development);
F. The City has an urgent need for the development of affordable housing and has been
awarded funds under the Permanent Local Housing Allocation (“PLHA”) grant program.
G. On July 14, 2023, the Department of Housing and Community Development (“HCD”) and
the City executed a Standard Agreement 22-PLHA-17554 which establishes the
requirements and procedures for accessing the City’s entitled PLHA 2019-2023
Allocations.
H. The City desires to use the City’s Activity (1) PLHA allocations for calendar years 2019,
2020, and 2021, totaling approximately $243,756, for predevelopment activities,
construction of, and/or permanent financing for new affordable housing units at the Site,
at the affordability level of at or below 60% AMI for a minimum of 55 years.
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Attachment A -
Resolution Directing Staff
to Commence
Predevelopment
Activities for the
Matadero Creek
Affordable Housing Site
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NOT YET ADOPTED
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NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The City Manager or designee is directed to issue a Request for Information or
Request for Proposals to solicit interest in development of an affordable housing project at the
Matadero Creek Affordable Housing Site.
SECTION 2. The City Council further directs the City Manager or designee to develop a timeline
for predevelopment activities and construction of an affordable housing project at the Site that
would result in occupancy of the project no later than June 30, 2030.
SECTION 3. The City Council further directs the City Manager or designee to continue or
commence all feasible predevelopment activities on the site as soon as practical.
SECTION 4. To the extent PLHA funds are disbursed to the City to support predevelopment,
construction, and permanent financing for an affordable housing project on the Site, the City
certifies that it will use all such funds in a manner consistent and in compliance with all applicable
state and federal statutes, rules, regulations, and laws, including without limitation all rules and
laws regarding the PLHA Program, as well as any and all contracts the City may have with HCD, in
accordance with Resolution No. 10080.
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Attachment A -
Resolution Directing Staff
to Commence
Predevelopment
Activities for the
Matadero Creek
Affordable Housing Site
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NOT YET ADOPTED
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SECTION 5. The Council finds that the adoption of this resolution does not meet the definition
of a project under Public Resources Code Section 21065, thus, no environmental assessment
under the California Environmental Quality Act is required. The environmental impacts of an
affordable housing project of up to 75 units at the Site were analyzed in the 200 Portage
Townhome Project Final EIR, which was certified by Resolution No. 10123 on September 12,
2023.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Planning and
Development Services
Item 9
Attachment A -
Resolution Directing Staff
to Commence
Predevelopment
Activities for the
Matadero Creek
Affordable Housing Site
Item 9: Staff Report Pg. 8 Packet Pg. 288 of 389
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: March 18, 2024
Staff Report: 2403-2726
TITLE
Approval of Amended Palo Alto CLEAN Program Rules and Requirements, Handbook, and Power
Purchase Agreement; CEQA Status: Not a Project under CEQA Guidelines Sections 15378(a) and
(b)
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the attached amended Clean Local Energy Accessible Now (CLEAN) Program
Eligibility Rules and Regulations (Attachment A) as follows:
a. Continue the CLEAN Program rate structure for local solar energy resources at 16.5 cents
per kilowatt-hour (¢/kWh) until the program reaches 3 MW of solar energy resource
capacity, after which the contract rate for solar energy resources reduces to the City’s
estimated avoided cost of energy generated by these resources, which is updated to:
i. 9.5 ¢/kWh for a 15-Year Contract Term,
ii. 9.8 ¢/kWh for a 20-Year Contract Term, and
iii. 10.2 ¢/kWh for a 25-Year Contract Term; and
b. Continue the CLEAN Program rate structure for local non-solar eligible renewable
resources without any participation cap at a contract price equal to the City’s estimated
avoided cost of energy generated by these resources, which is updated to:
i. 9.4 ¢/kWh for a 15-Year Contract Term,
ii. 9.8 ¢/kWh for a 20-Year Contract Term, and
iii. 10.1 ¢/kWh for a 25-Year Contract Term.
2. Approve the attached amended CLEAN Program Handbook (Attachment B) to extend the
allowable time to complete a project to three years from the date of execution of the Power
Purchase Agreement (PPA) for affordable housing developments.
3. Approve the attached amended Palo Alto CLEAN Program Eligible Renewable Energy
Resource PPA (Attachment C) to implement the recommended changes to the CLEAN
Program.
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EXECUTIVE SUMMARY
The Palo Alto CLEAN program, established in March 2012, aimed to encourage local generation
of solar energy by allowing property owners to install solar systems and sell energy to the City
under a fixed-rate, long-term contract. Initially priced at 14 ¢/kWh for a 20-year term, the
program failed to attract interest. In December 2012, the Council increased the contract price to
16.5 ¢/kWh, which has been maintained since. Despite no applications in the first four years,
since 2016 the program has enrolled six currently operating solar projects totaling 2.84 MW of
capacity.
Currently, a customer planning an affordable housing development wishes to submit a CLEAN
solar project application but requires an extension of the completion deadline from one to three
years to align with permitting and construction timelines for housing projects in Palo Alto. This
modification, while maintaining the same initial rate and program capacity, would have minimal
financial impact on the City. Staff supports the request and has proposed changes to the program
rules and contract designed to accommodate the customer's needs as well as the needs of future
residential construction developments that satisfy the basic affordable housing requirements.
Council action will also update the avoided costs for CLEAN projects and make conforming
changes in the City’s CLEAN Power Purchase Agreement.
BACKGROUND
In March 2012 the Council adopted the Palo Alto CLEAN program (also commonly referred to as
a feed-in tariff, or FIT, program). The program was designed to address the City’s objective of
enhancing supply reliability through the pursuit of local generation opportunities. Palo Alto
CLEAN enabled property owners to build a new solar system on their property and sell the energy
to CPAU under a long-term, fixed-rate, standardized contract rather than simply using the energy
on-site.
Though solar developers expressed interest in Palo Alto CLEAN in 2012, the initial contract price
(14 ¢/kWh for a 20-year term) proved insufficient to attract any program applications. Council
increased the Palo Alto CLEAN price to 16.5 ¢/kWh in December 2012, and has maintained it at
that level ever since (last reaffirming it in May 2017). In May 2015, Council added a 25-year
contract term option, and expanded the program to include non-solar eligible renewable energy
resources, setting their contract prices at the avoided cost level. In May 2017, Council added a
15-year contract term option and updated the avoided cost rates. After receiving zero
applications in its first four years, since 2016, the CLEAN program has executed contracts for six
solar projects that account for about 2.84 MW of capacity.
ANALYSIS
Staff has recently discussed the program structure with a customer who is working on a
residential development that consists of 100% affordable housing units and who intends to
submit an application for a CLEAN solar project that would consume a significant portion of the
remaining 160 kW of solar program capacity available at the 16.5 ¢/kWh rate. In order for this
solar project to go forward, the customer requested that the CLEAN program rules be modified
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to extend the project completion deadline to align with the City’s permitting and construction
timeline for housing developments, from the current one-year timeline to up to three years.
Making this modification to the CLEAN program – while maintaining the same contract rate and
program capacity available at this rate – would have virtually no financial impact on the City. As
such, staff supports the customer’s request, and the proposed program changes are designed to
accommodate that request. Council action will also update the avoided costs for CLEAN projects
for the first time since 2017. This change would result in no financial impact to the City.
FISCAL/RESOURCE IMPACT
The following table summarizes staff’s estimates of the current cost of buying energy from solar
resources outside of Palo Alto (including transmission and capacity) over a 15-year, 20-year, or
25-year term, as well as the annual excess costs of purchasing the output from an additional 160
kW of local solar projects at a contract price of 16.5 ¢/kWh over those terms. (For non-solar
renewable energy projects, and for solar capacity that exceeds the 3 MW program cap on the
16.5 ¢/kWh contract rate the excess cost is zero, because the contract rate is set based on the
City’s avoided cost for the energy.)
Contract Term Contract Rate Avoided Cost Annual Excess Cost
15 years 9.5 ¢/kWh $24,500
20 years 9.8 ¢/kWh $23,500
25 years
16.5 ¢/kWh
10.2 ¢/kWh $22,000
STAKEHOLDER ENGAGEMENT
In considering the proposal to extend the completion deadline for certain projects in the CLEAN
Program, staff has had multiple conversations with the customer who requested this
modification about the impact it would have on their affordable housing development as well as
the future residents of this development. Utilities staff also consulted with Planning and
Development Services staff with regard to the City’s affordable housing standards and the typical
timeline for completion of new residential housing developments. Finally, Utilities discussed the
CLEAN Program modifications recommended here with the Utilities Advisory Commission (UAC)
at their meeting on March 14, 2024. The UAC’s feedback is summarized in a supplemental
memo to this report.
ENVIRONMENTAL REVIEW
Adoption of the attached resolution and the associated amendment of the CLEAN Program
Eligibility Rules and Requirements and Power Purchase Agreement is not subject to California
Environmental Quality Act (CEQA) review these are administrative government activities that will
not result in any direct or indirect physical change to the environment as a result (CEQA
Guidelines section 15378(b)(5)). Eligible customer projects are subject to CEQA analysis on a
project-level basis through the City’s development permitting process.
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ATTACHMENTS
Attachment A: Palo Alto CLEAN Program Rules & Requirements (redline)
Attachment B: Palo Alto CLEAN Program Handbook (redline)
Attachment C: Palo Alto CLEAN Program Power Purchase Agreement (redline)
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: James Stack, Ph.D., Senior Resource Planner
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PALO ALTO CLEAN (CLEAN LOCAL ENERGY ACCESSIBLE NOW)
PROGRAM ELIGIBILITY RULES AND REQUIREMENTS
Effective __________
3
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1
A. PARTICIPATION ELIGIBILITY:
The Palo Alto Clean Local Energy Accessible Now Program (the “CLEAN Program”) is open to
participation by any Eligible Renewable Energy Resource, as defined in Section D.4, that
satisfies these Program Eligibility Rules and Requirements.
In order to be eligible to participate in the CLEAN Program, an Eligible Renewable Energy
Resource must be located in and generating electricity from within the utility service area of
the City of Palo Alto.
The following purchase prices shall apply to the electricity produced by an Eligible Renewable
Energy Resource participating in the Program, except as provided in Section D.5.
Solar Energy Resources:
Total Solar Capacity Reserved Contract Term Contract Price
0-3 MW 15, 20 or 25 years $0.165 / kWh
More than 3 MW 15 years $0.088095 / kWh
More than 3 MW 20 years $0.089098 / kWh
More than 3 MW 25 years $0.091102 / kWh
For Solar Energy Resources that straddle multiple pricing tiersmore than one capacity tier,
the purchase price shall receivebe a weighted- average purchase priceof the above values
based on the amount of their capacity that is contained in each tier.
Non-Solar Eligible Renewable Energy Resources:
Contract Term Contract Price
15 years $0.083094 / kWh
20 years $0.084098 / kWh
25 years $0.085101 / kWh
1. The owner of the Eligible Renewable Energy Resource shall enter into an Eligible
Renewable Energy Resource Power Purchase Agreement (“PPA”) with the City of Palo Alto
prior to delivering energy to the City.
2. An application for participation in the CLEAN Program to sell output to the City (the
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CLEAN Program Rules &
Requirements (redline)
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PALO ALTO CLEAN (CLEAN LOCAL ENERGY ACCESSIBLE NOW)
PROGRAM ELIGIBILITY RULES AND REQUIREMENTS
Effective __________
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1
“Application”) may be submitted at any time. Applications will be considered in the order
received.
3. Eligible Renewable Energy Resource means an electric generating facility that: (a) is
defined and qualifies as an “eligible renewable energy resource” under California Public
Utilities Code Section 399.12(e) and California Public Resources Code Section 25471,
respectively, as amended; and (b) meets the territoriality requirement set forth in Section
B.
4. The California Energy Commission’s (“CEC”) certification of the Eligible Renewable Energy
Resource shall be required within six (6) months of the commercial operation date of the
generating facility; the facility’s owner shall provide written notice of the CEC’s
certification to the City within ten (10) business days of receipt of said certification. If the
City agrees, in its sole discretion, to take delivery of the generating facility’s electricity
prior to the CEC’s certification, then, as the facility’s electricity cannot be considered in
fulfillment of the City’s RPS requirements, the price that the City will pay for the
generating facility’s electricity (the “Pre-Certification Price”) will be set to $0.072 per kWh
(for a 15-year contract term), $0.076 per kWh (for a 20-year contract term)), or $0.08 per
kWh (for a 25-year contract term), based on the City’s estimated levelized cost of
browngeneric power over a 15-year, 20-year, or 25-year period, respectively. Upon the
CEC’s certification of the generating facility and the provision of notice of such
certification to the City in accordance with this section, the City will pay the Price set forth
in Section C of these CLEAN Program Rules and Requirements and the PPA (collectively
referred to as the “Contract Price”) for the generating facility’s electricity delivered on
and after the date of the CEC’s certification. The City will, in its sole discretion, “true-up”,
as appropriate, the difference between the Contract Price and the Pre-Certification Price
for any electricity received and paid for by the City, effective as of the date of certification
of the Eligible Renewable Energy Resource.
5. If an Eligible Renewable Energy Resource is authorized to participate in the CLEAN
Program, then that Resource shall not be entitled to receive any rebate or other incentive
from the City’s Photovoltaic (PV) Partners Program or any other similar incentive program
funded by the City’s ratepayers. To the extent any rebate or incentive is paid to the owner
of the Resource, that rebate or incentive shall be disgorged and refunded to the City upon
30 days’ notice, if the Eligible Renewable Energy Resource continues to participate in the
CLEAN Program. If a rebate or an incentive has been paid to the Eligible Renewable
Energy Resource, then that Resource shall be ineligible to participate in the CLEAN
Program.
6. All electricity generated by the Eligible Renewable Energy Resource shall be delivered only
to the City. No portion of the electricity may be used to offset any load of the generating
facility (other than incidental loads associated with operating the generating facility).
7. A metering and administration fee will be charged to each Eligible Renewable Energy
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CLEAN Program Rules &
Requirements (redline)
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PALO ALTO CLEAN (CLEAN LOCAL ENERGY ACCESSIBLE NOW)
PROGRAM ELIGIBILITY RULES AND REQUIREMENTS
Effective __________
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1
Resource that participates in the CLEAN Program. See Utilities Rate Schedule E-15
(Electric Service Connection Fees).
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Attachment A - Palo Alto
CLEAN Program Rules &
Requirements (redline)
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PALO ALTO CLEAN
CLEAN LOCAL ENERGY ACCESSIBLE NOW
PROGRAM HANDBOOK
City of Palo Alto Utilities
March 2024
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Attachment B - Palo Alto
CLEAN Program
Handbook (redline)
Item 10: Staff Report Pg. 8 Packet Pg. 296 of 389
Questions about Palo Alto CLEAN?
Contact:
Palo Alto CLEAN Program Manager
Ph: 650-329-2241
Email: PACLEAN@cityofpaloalto.org
City of Palo Alto Utilities
250 Hamilton Ave, 3rd Floor
Palo Alto, CA 94301
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CLEAN Program
Handbook (redline)
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Table of Contents
Table of Contents ................................................................................................................ 3
Program Overview .............................................................................................................. 4
Summary of Program Rules ................................................................................................ 4
Timeline of a Palo Alto CLEAN Project ................................................................................ 6
Development of Palo Alto CLEAN Projects ......................................................................... 8
1.0 Site Identification and Control ............................................................................ 8
1.1 Types of Projects Accepted.............................................................................. 8
1.2 Proof of Site Control ........................................................................................ 8
2.0 Application Process ............................................................................................. 8
2.1 Submittal Process ............................................................................................ 8
2.2 Where and When to Submit ............................................................................ 8
2.3 Submittal Requirements .................................................................................. 9
2.4 Reservation Deposit ......................................................................................... 9
2.5 Determining Priority ...................................................................................... 10
3.0 Permitting ......................................................................................................... 11
3.1 Time to Complete Project .............................................................................. 11
3.2 Permit Submittal ............................................................................................ 11
3.3 Interconnection Review ................................................................................. 11
4.0 Construction ...................................................................................................... 12
4.1 Building Inspection ........................................................................................ 12
4.2 CEC Pre-Certification...................................................................................... 12
4.3 WREGIS Registration ...................................................................................... 12
5.0 Commercial Operation ...................................................................................... 13
5.1 Meter Set and Commercial Operation Date .................................................. 13
5.2 CEC Certification ............................................................................................ 13
5.3 Metering and Payment .................................................................................. 13
Additional Resources ........................................................................................................ 14
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CLEAN Program
Handbook (redline)
Item 10: Staff Report Pg. 10 Packet Pg. 298 of 389
Palo Alto CLEAN Program Handbook Revised March 2024
Page 4 of 14
Program Overview
Palo Alto CLEAN (Clean Local Energy Accessible Now) is a program to purchase
electricity generated by eligible renewable energy resources located in City of Palo Alto
Utilities (CPAU) service territory, which coincides with the Palo Alto city boundaries. The
power is separately metered and delivered wholesale to CPAU, and it is then used to
fulfill CPAU’s renewable goals. Programs like this are also known as "feed-in tariff"
programs in reference to the fact that the power is "fed into" the electric grid. None of
the power is used to offset the host customer’s load, in contrast to a net metering
program.
The program was adopted in March 2012, and was revised in January 2013, February
2014, May 2015, March 2016, February 2017, May 2017, and March 2024. CPAU is
currently offering to purchase the output from renewable energy generation facilities
according to the rates in the following table.
Resource Description Contract Term Contract Rate
Non-solar resources
As shown in the table, there is no total program cap on the capacity participating in the
program; there is only a cap on the solar capacity that can receive the 16.5 ¢/kWh
contract rate.
CPAU staff will review and re-evaluate the program status, terms, and contract rates
with the Palo Alto City Council on a regular basis.
Summary of Program Rules
CPAU will sign power purchase agreements (PPAs) for the output of eligible
renewable energy generation facilities.
There is no total program capacity limit.
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CLEAN Program
Handbook (redline)
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Palo Alto CLEAN Program Handbook Revised March 2024
Page 5 of 14
Each PPA will entitle CPAU to the entire output of the generating facility,
including all energy, renewable energy credits (RECs), and capacity attributes, if
any.
The energy from the generating facility must be delivered to CPAU. No part of
the energy may be used to serve the customer load on the host site or any
other customer load.
Generating facilities must be located in the CPAU service territory (which
corresponds to the Palo Alto city limits).
Generating facilities required by the California Independent System Operator
(CAISO) to participate in ISO markets (typically those facilities larger than 1
MW) are subject to additional scheduling and forecasting requirements.
There are no limitations on how many generating facilities any single developer
or customer may develop.
Developers are responsible for obtaining CEC Certification. RECs from the
project will be created and tracked in the Western Renewable Energy
Generation Information System (WREGIS). CPAU will register each generator
under the CPAU WREGIS account and will be responsible for uploading meter
data.
Project developers may not seek other CPAU ratepayer-funded rebates for the
generating facility. Any facility that has already received a rebate is not eligible
for the program.
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CLEAN Program
Handbook (redline)
Item 10: Staff Report Pg. 12 Packet Pg. 300 of 389
Palo Alto CLEAN Program Handbook Revised March 2024
Page 6 of 14
Timeline of a Palo Alto CLEAN Project
The chart below shows how you can expect your Palo Alto CLEAN project to progress:
Site Identification Identify a site for your project.
Site Control Obtain site control for the entire term of the PPA.
Preliminary Design Develop a preliminary design for the project.
Application Submittal Submit an application. Applications are accepted in the
order received. Pay reservation deposit within ten days.
Permit Submittal Prepare your project for Building Permit and
Interconnection Submittal. Your permit application will
be accepted at the City’s Development Center and
routed to our Electric Engineering Division for
interconnection review.
Permit Review The Development Center and Electric Engineering
Division will return initial comments. At this time, if the
interconnection will require no significant review or
costs, the Electric Engineering Division will send an
interconnection agreement for your signature. If
additional interconnection review is required, an
Advance Engineering Fee may be required.
Interconnection Agreement Upon receipt of the Interconnection Agreement you will
be required to submit a deposit for any interconnection
costs. At this time you may terminate your PPA instead
of submitting the deposit and proceeding with
interconnection. If you exercise this option your full
reservation deposit will be returned, but not any permit
review fees.
Project Construction Following Building Permit issuance and signature of the
Interconnection Agreement the applicant can proceed
with project construction. At some point prior to
completing construction CPAU recommends you apply
for pre-certification of the project with the California
Energy Commission (CEC) to ensure the entire output of
the project is certified as eligible to fulfill Renewable
Portfolio Standard (RPS) requirements starting on the
Commercial Operation Date. Uncertified energy is not
eligible for the full contract price. CPAU will commence
registration of the project with WREGIS during this time.
Commercial Operation Upon final building inspection CPAU will send a letter
memorializing the commercial operation date. At this
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point CPAU will return your total reservation deposit or
any smaller portion of the deposit you are eligible to
receive. CPAU will begin sending payments for energy
produced, but the payments will be made at the pre-
certification rate until the CEC certifies the project as
eligible to fulfill RPS requirements.
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Development of Palo Alto CLEAN Projects
1.0 Site Identification and Control
1.1 Types of Projects Accepted
All projects must be eligible renewable energy resources. There are no limitations on
the type of solar technology used to receive the contract price for solar resources. The
eligible renewable energy generating facility may be located anywhere in Palo Alto city
limits so long as it complies with all City codes and generator interconnection
requirements. Ground mounted, rooftop mounted, or carport solar projects are
acceptable, but CPAU recommends you investigate the codes and requirements
applicable to your site prior to submitting an application.
1.2 Proof of Site Control
Evidence of site control for the entire term of the contract is required in order to submit
an application. CPAU requires documentation showing ownership of, a leasehold
interest in, or a right to develop property upon which the Generating Facility will be
located for the entire term of the contract being requested, or an option to acquire such
ownership, leasehold interest, or right to develop.
2.0 Application Process
2.1 Submittal Process
Applications will only be accepted by e-mail, and must be sent to
PACLEAN@cityofpaloalto.org. Applications will be considered in the order received.
2.2 Where and When to Submit
The application is considered “submitted” on the date and time CPAU has received all
required documents in Section 2.3, below, with the exception of the reservation deposit,
which must be paid within ten business days following application submittal. See
Section 2.4, below, for instructions on how to submit a reservation deposit. If the
deposit is not received by the end of the tenth business day, the application will be
rejected. Please note that the maximum attachment size accepted by the City’s e-mail
system is 20 MB. To ensure your application is accepted, we recommend sending
attachments no larger than 10 MB. If it is necessary to send multiple e-mails to send all
of the application materials, please note that fact in your first e-mail. The time and date
of the first e-mail will be considered the time and date your application was submitted
so long as all application materials are received within two hours of that e-mail.
CPAU will notify applicants of their application’s status by e-mail within five business
days, and will mail a copy of the executed PPA within ten business days of receipt of the
reservation deposit (see Section 2.4, below).
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2.3 Submittal Requirements
All of the following items are required before an application will be considered
“submitted,” with the exception of the reservation deposit, which must be paid within
ten business days of the submittal date of the application:
Applicant, system owner, and site owner contact information.
Description of the generating system
Preliminary single-line diagram
Preliminary site diagram showing the project site and layout
Two signed copies of the Palo Alto CLEAN standard Power Purchase
Agreement
Proof of site control (see 1.2, above)
Two signed copies of the WREGIS Assignment of Registration Rights
Agreement (see 4.3, below)
Federal Internal Revenue Service Form W-9
Reservation deposit (see 2.4, below)
2.4 Reservation Deposit
The reservation deposit must be paid within ten business days of application submittal.
The preferred method for submitting a reservation deposit is a certificate of deposit
payable to the City of Palo Alto, but submitting a payment by check or wire transfer is
also acceptable.
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Check: Checks should be made out to the City of Palo Alto and may be
submitted by mail to:
City of Palo Alto, Attn: PA CLEAN
Utilities RMD, 3rd Floor
250 Hamilton Ave
Palo Alto, CA 94301
or in person at the Revenue Collections Desk in the lobby of the Civic Center
at 250 Hamilton Ave, Palo Alto, CA during normal business hours.
Wire Transfer: To submit by wire transfer, send notification of the payment
to both PACLEAN@cityofpaloalto.org and
TreasuryNotice2@cityofpaloalto.org. The City’s wire transfer information is
as follows:
Bank Name: Wells Fargo Bank, N.A.
Bank Routing (RTN/ABA) 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
For International Transfer Only:
International SWIFT BIC WFBIUS6S
The deposit will be returned:
If, for whatever reason, CPAU is unable to accept the application.
Upon early termination of the PPA by the applicant prior to Commercial
Operation Date, subject to the rules regarding such early termination in
Section 7.0 of the PPA.
Upon the commercial operation date of the project, subject to the rules
regarding timely completion of the project in Section 7.0 of the PPA.
2.5 Determining Priority
Applications are accepted in the order received based on the date and time stamp of
the e-mailed application received by the City at paclean@cityofpaloalto.org. In the
event multiple applications are received simultaneously, all will be assigned an
application number and precedence will be established by the use of the random
number generator at random.org, or another publicly verifiable random number
generator in the event random.org is not available.
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For the purpose of determining whether applications were received simultaneously,
applications will be considered received based on the date and time stamp on the e-mail.
If multiple copies of the same application are received, the time stamp on the first e-
mail received will be used. The time stamp on the City’s e-mail system shows the hour,
minute, and second the e-mail was received.
3.0 Permitting
3.1 Time to Complete Project
Applicants have one year from the execution date of the PPA to achieve Commercial
Operation for the proposed project, or three years from the PPA execution date if the
project site is a new residential construction development that satisfies the basic
affordable housing requirement for residential ownership projects under Palo Alto
Municipal Code section 16.65.030. If Commercial Operation is achieved after that time,
the amount of the Reservation Deposit returned is reduced for each full week the
project is delayed (see Section 5.1 and Section 7.0 of the PPA). If Commercial Operation
has not been achieved by ten weeks after the applicable deadline to complete the
project, CPAU retains the option to terminate the PPA.
3.2 Permit Submittal
Applicants apply for a building permit and interconnection agreement at the City’s
Development Center. The Building Division manages the routing of applications for
review by all necessary departments. Consult the City’s Building Division with questions
about building permit requirements and the project review process. The Division
maintains pre-submittal and inspection checklists that detail the City’s code
requirements. Visit the City’s website
(http://www.cityofpaloalto.org/gov/depts/ds/default.asp) for the most recent versions
of these checklists.
The City’s Planning Division typically does not review rooftop solar projects, but if a
project will involve landscape changes or carport or ground mounted solar systems, the
applicant should consult the Planning Division to understand the code requirements
applicable to the proposed project site.
3.3 Interconnection Review
Upon receipt of a project application routed from the City’s Building Division, the
Electric Engineering Division will review the project to determine whether it qualifies for
simplified review or whether supplemental review or an interconnection study is
required. If the project qualifies for simplified review the Electric Engineering Division
will send the applicant an Interconnection Agreement for signature.
If the project does not qualify, the applicant must pay an Advance Engineering Fee for
additional evaluation work. Once the additional review is complete the Electric
Engineering Division will send the applicant an Interconnection Agreement with an
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estimate of any additional interconnection costs. Upon receiving the interconnection
agreement the applicant may either 1) execute and return the interconnection
agreement along with payment for any additional estimated interconnection costs, or 2)
notify CPAU in writing that the applicant is terminating the agreement. If this
notification is received within 30 calendar days of the day CPAU notifies the applicant of
the interconnection costs, the reservation deposit will be returned in full per Section 7.0
of the PPA. No portion of the building permit fees or Advance Engineering Fees will be
returned.
See Utility Rule and Regulation 27 (Generator Interconnection) for more detail on the
interconnection process.
4.0 Construction
4.1 Building Inspection
Consult the City’s Building Division with questions about the building inspection process.
The Division maintains inspection checklists that detail the City’s code requirements. If
there are any interconnection facilities to be constructed CPAU will build those facilities
during the construction process. Once construction is completed and actual costs are
known, CPAU will issue a final invoice for the interconnection facilities. CPAU may
require the applicant to make an additional payment to the extent actual costs differ
from the estimated costs.
4.2 CEC Pre-Certification
CPAU recommends that the applicant apply for pre-certification of the project from the
California Energy Commission (CEC) at some point prior to Commercial Operation. Once
the generating facility is completed the applicant must apply for CEC certification (see
Section 5.2, below), and pre-certification ensures that certification will begin on the
Commercial Operation Date, meaning that all energy output will be certified as eligible
to fulfill Renewable Portfolio Standard (RPS) requirements. Per Section 2.4 of the PPA,
CPAU will pay for any energy not certified by the CEC at the “Pre-Certification Price”
rather than the contract price. See form CEC-RPS-1 published by the CEC for
instructions on how to apply.
4.3 WREGIS Registration
During the construction process CPAU will begin registration of the project in WREGIS
(the Western Renewable Energy Generation Information System). The system owner is
required to assign to CPAU the right to register the project in WREGIS when submitting
an application to the Palo Alto CLEAN program. This will enable CPAU to receive
Renewable Energy Credits (RECs) from the system directly in its WREGIS account rather
than having to execute a transfer of RECs each month. CPAU will be responsible for
uploading the meter data to WREGIS each month to enable creation of the RECs.
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5.0 Commercial Operation
5.1 Meter Set and Commercial Operation Date
The Commercial Operation Date for the generator is the date of the final building
inspection by the City’s Building Division. Prior to that CPAU’s Electric Meter Shop will
set a revenue meter that will be used for billing. Following the final inspection CPAU will
send the applicant a letter memorializing the Commercial Operation Date, and the
applicant must return a signed copy to CPAU. This letter is required before CPAU can
complete WREGIS registration (see Section 4.3 above). WREGIS registration is a
prerequisite for CEC Certification (see Section 5.2 below). At this time CPAU will return
the entire reservation deposit or any portion of that deposit that the applicant is
entitled to under Section 7.0 of the PPA.
5.2 CEC Certification
Within six months following the Commercial Operation Date the applicant is required to
have the system certified by the California Energy Commission as eligible to fulfill
Renewable Portfolio Standard (RPS) requirements. CPAU will pay for the output of the
system at the pre-certification price until this certification is granted (see Section 2.4 of
the PPA).
Typically CEC Certification is retroactive to the Commercial Operation Date if 1) the
applicant has obtained CEC Pre-Certification for the project (see Section 4.2 above) or 2)
the applicant has submitted an application for CEC Certification prior to the commercial
operation date. If CPAU receives energy prior to certification and pays for it at the Pre-
Certification Price, and that energy is later certified by the CEC as eligible to fulfill RPS
requirements, CPAU will issue a true-up equal to the difference between the Pre-
Certification Price and the Contract Price upon CEC certification.
See also Sections 2.4 and 3.1 of the PPA, as well as form CEC-RPS-1 published by the CEC.
5.3 Metering and Payment
Payment for the project output will be made monthly by check based on a City-provided
revenue meter. The applicant will be responsible for the cost associated with the
meter’s telemetry system.
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Additional Resources
Palo Alto CLEAN program website
https://www.cityofpaloalto.org/Departments/Utilities/Business/Ways-to-Save/CLEAN
City of Palo Alto Utilities Electric Engineering and Operations
https://www.cityofpaloalto.org/Departments/Utilities/Utilities-Services-Safety/Engineering-and-Operations
City of Palo Alto Utilities Rule and Regulation 27 (Generator Interconnection)
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=28741
City of Palo Alto Utilities Electric Standard Drawings
https://www.cityofpaloalto.org/Departments/Utilities/Utilities-Services-Safety/Engineering-and-
Operations/Electric-Service-Requirements
City of Palo Alto Development Services
http://www.cityofpaloalto.org/gov/depts/ds/default.asp
California Energy Commission Renewables Portfolio Standard Handbook and Generator
Certification Application Forms
https://www.energy.ca.gov/programs-and-topics/programs/renewables-portfolio-standard/renewables-portfolio-
standard-0
Western Renewable Energy Generation Information System (WREGIS)
https://www.wecc.org/WREGIS/Pages/Default.aspx
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POWER PURCHASE AGREEMENT
ELIGIBLE RENEWABLE ENERGY RESOURCE
(Palo Alto Clean Local Energy Accessible Now Program)
This Power Purchase Agreement - Eligible Renewable Energy Resource, dated, for convenience,
(the “Effective Date”), is entered into by and between the CITY OF PALO ALTO,
a California chartered municipal corporation, and ,
a corporation (individually, a “Party” and, collectively, the “Parties”).
RECITALS
1. The Buyer has adopted and implemented its CLEAN Program, which allows an owner of a
qualifying electric generation system to sell to the Buyer the power output of a small-scale distributed
generation Eligible Renewable Energy Resource, subject to the CLEAN Program’s rules and requirements.
2. The Seller owns or operates and desires to interconnect its Facility in parallel with Buyer’s
Distribution System and sell the Energy produced by its Facility, net of Station Service Load, directly to the
Buyer in furtherance of the CLEAN Program.
3. The Parties do not intend this Agreement to constitute an agreement by the Buyer to provide
retail electrical service to the Seller.
4. The Parties wish to enter into a power purchase agreement for the sale and purchase of the
Output of the Facility. The Parties will enter into a separate “Interconnection Agreement” in connection
with this Agreement.
NOW THEREFORE, in consideration of the foregoing recitals and the following covenants,
terms and conditions, the Parties agree, as follows:
AGREEMENT
1.1 DEFINITIONS
The initially capitalized terms, whenever used in this Agreement, have the meanings set forth
below, unless they are otherwise herein defined. The terms “include,” “includes,” and “including,” when
used in this Agreement, shall mean, respectively, “include, without limitation,“ “includes, without
limitation” and “including, without limitation.”
“Affordable Housing Development” means a new residential construction development that satisfies the
basic affordable housing requirement for residential ownership projects under Palo Alto Municipal Code
section 16.65.030.
“Agreement” means this Power Purchase Agreement – Eligible Renewable Energy Resource between the
Buyer and the Seller.
“Business Day” means any day except a Saturday, Sunday, or a day that the City observes as a regular
holiday under Palo Alto Municipal Code section 2.08.100(a).
“Buyer” refers to the City of Palo Alto, California, with a principal place of business at 250 Hamilton
Avenue, Palo Alto, California 94301.
“Buyer’s Distribution System” means the wires, transformers, and related equipment used by the Buyer to
deliver electric power to the Buyer’s retail customers, typically at sub-transmission level voltages or lower.
“CAISO” means the California Independent System Operator Corporation, or successor entity.
“CAISO Tariff” means the CAISO FERC Electric Tariff, as amended.
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“Capacity” means the ability of a generator at any given time to produce Energy at a specified rate, as
measured in megawatts (“MW”) or kilowatts (“kW”), and any reporting rights associated with it.
“Capacity Attributes” means any current or future defined characteristic, certificate, tag, credit, or
ancillary service attribute, whether general in nature or specific as to the location or any other attribute of
the Facility, intended to value any aspect of the Contract Capacity of the Facility to produce Energy or
ancillary services, including contributions towards Resource Adequacy (including those requirements
defined in Section 40 of the CAISO Tariff) or reserve requirements (if any), and any other reliability or
power attributes.
“CEC” means the California Energy Resources Conservation and Development Commission, or successor
agency.
“Certificate of RPS Eligibility” means a certificate issued by the CEC as evidence of RPS Certification of
the Facility.
“City” means the government of the City of Palo Alto, California.
“CLEAN Program” refers to the Palo Alto Clean Local Energy Accessible Now Program, a renewable
energy program established by the City by adoption of resolution number , dated , of the
Palo Alto City Council, whereby the Buyer will purchase from the Seller the Output of Eligible Renewable
Energy Resources that meet specified criteria set forth in the City’s applicable ordinances and resolutions.
“Commercial Operation” means the period of operation of the Facility, once the Commercial Operation
Date has occurred.
“Commercial Operation Date” means the date specified in the Commercial Operation Date Confirmation
Letter, which the Parties execute and exchange in accordance with this Agreement.
“Contract Capacity” means the installed electrical Capacity available upon the Commercial Operation
Date of the Facility in an amount, as specified in Exhibit “PPA-A.” “Contract Capacity” is measured at the
Buyer’s revenue meter at the Delivery Point and is net of any Station Service Loads, any applicable Facility
step-up transformer losses, and distribution losses on Buyer’s Distribution System up to the Delivery Point.
“Contract Price” means the price paid by the Buyer to the Seller for the Output generated at the Facility
and received by the Buyer, as set forth in Exhibit “PPA-A.”
“CPUC” means the California Public Utilities Commission, or successor agency.
“Delivery Point” means the point of interconnection to Buyer’s Distribution System, where the Buyer
accepts title to the Output.
“Delivery Term” has the meaning set forth in Section 14.2 hereof.
“Eligible Renewable Energy Resource” means an electric generating facility that is defined and qualified
as an “eligible renewable energy resource” under California Public Utilities Code Section 399.12(e) and
California Public Resources Code Section 25471, respectively, as amended.
“Energy” means electrical energy generated from the Facility and delivered to Buyer’s Distribution System
with the voltage and quality required by the Buyer, and measured in megawatt-hours (“MWh”) or kilowatt-
hours (“kWh”), as metered at the Delivery Point.
“Facility” means the qualifying renewable energy generation equipment and associated power conditioning
and interconnection equipment that deliver the Output to the Buyer at the Delivery Point.
“FERC” means the Federal Energy Regulatory Commission, or successor agency.
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“Forced Outage” means an unplanned outage of one or more of the Facility’s components that results in a
reduction of the ability of the Facility to produce Capacity.
“Force Majeure” means an event or circumstance, which prevents a Party from performing its obligations
under this Agreement, and which is not in the reasonable control of, or the result of negligence of, the Party
claiming Force Majeure, and which by the exercise of due diligence is unable to overcome or cause to be
avoided. “Force Majeure” shall include: (a) An act of nature, riot, insurrection, war, explosion, labor
dispute, fire, flood, earthquake, storm, lightning, tidal wave, backwater caused by flood, act of the public
enemy, terrorism, or epidemic; (b) Interruption of transmission or generation services as a result of a
physical emergency condition (and not congestion-related or economic curtailment) not caused by the fault
or negligence of the Party claiming Force Majeure and reasonably relied upon and without a reasonable
source of substitution to make or receive deliveries hereunder, civil disturbances, strike, labor disturbances,
labor or material shortage, national emergency, restraint by court order or other public authority or
governmental agency, actions taken to limit the extent of disturbances on the electrical grid; or (c) Other
similar causes beyond the control of the Party affected, which causes such Party could not have avoided by
the exercise of due diligence and reasonable care. A Party's financial incapacity, the Seller’s ability to sell
the Output at a more favorable price or under more favorable conditions, or the Buyer’s ability to acquire
the Output at a more favorable price or under more favorable conditions or other economic reasons shall
not constitute an event of Force Majeure. “Force Majeure” does not include a Forced Outage to the extent
such event is not caused or exacerbated by an event of Force Majeure, as described above, and does not
include the Seller’s inability to obtain financing, permits, or other equipment and instruments necessary to
plan for, construct, or operate the Facility.
“Good Utility Practice” means those practices, methods and acts that would be implemented and followed
by prudent operators of electric energy generating facilities in the western United States, similar to the
Facility, during the relevant time period, which practices, methods and acts, in the exercise of prudent and
responsible professional judgment in the light of the facts known at the time the decision was made, could
reasonably have been expected to accomplish the desired result consistent with good business practices,
reliability, and safety. The Seller acknowledges that its use of Good Utility Practice does not exempt it
from performing any of its obligations arising under this Agreement. “Good Utility Practice” includes, at a
minimum, those professionally responsible practices, methods and acts described in the preceding
paragraph that comply with manufacturers’ warranties, restrictions in this Agreement, the interconnection
requirements of Buyer, the requirements of governmental authorities, and WECC and NERC standards.
“Good Utility Practice” also includes the taking of reasonable steps to ensure that:
(a) Equipment, materials, resources, and supplies, including spare parts inventories, are available
to meet the Facility’s needs;
(b) Sufficient operating personnel are available at all times and are adequately experienced and
trained and licensed as necessary to operate the Facility properly and efficiently, and are capable
of responding to reasonably foreseeable emergency conditions at the Facility and emergencies
whether caused by events on or off the Facility’s site;
(c) Preventive, routine, and non-routine maintenance and repairs are performed on a basis that
ensures reliable, long-term and safe operation of the Facility, and are performed by
knowledgeable, trained, and experienced personnel utilizing proper equipment and tools;
(d) Appropriate monitoring and testing are performed to ensure equipment is functioning as
designed; and
(e) Equipment is not operated in a reckless manner, in violation of manufacturer’s guidelines or in
a manner unsafe to workers, the general public, or the connecting utility’s electric system or
contrary to environmental laws, permits or regulations or without regard to defined limitations
such as, flood conditions, safety inspection requirements, operating voltage, current, volt ampere
reactive (VAR) loading, frequency, rotational speed, polarity, synchronization, and control system
limits; and equipment and components are designed and manufactured to meet or exceed the
standard of durability that is generally used for electric energy generating facilities operating in the
western United States and will function properly over the full range of ambient temperature and
weather conditions reasonably expected to occur at the Facility site and under both normal and
emergency conditions.
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“Green Attributes” refers to the definition set forth in the Standard Terms and Conditions, Appendix A-2,
as amended, Decision D.07-02-011, as modified by D.07-05-057, of the CPUC, which incorporates the
definition of “Environmental Attributes” set forth in the Standard Terms and Conditions, Appendix A-1, as
amended, D. 04-06-014. “Green Attributes” includes any and all credits, benefits, emissions reductions,
environmental air quality credits, offsets, and allowances, howsoever entitled, attributable to the generation
from the Facility, and its displacement of conventional energy generation, whether existing now or arising
in the future. “Green Attributes” includes RECs, as well as (1) any avoided emissions of pollutants to the
air, soil or water, such as sulfur oxides (“SOx”), nitrogen oxides (“NOx”), carbon monoxide (“CO”) and
other pollutants; (2) any avoided emissions of carbon dioxide (“CO2”), methane (“CH4”), nitrous oxide,
hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and other greenhouse gases (“GHGs”) that have
been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law,
to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the
atmosphere; and (3) the reporting rights to these avoided emissions such as Green Tag Reporting Rights
and RECs. “Green Tag Reporting Rights” are the right of a Green Tag Purchaser to report the ownership
of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state
agency or any other party at the Green Tag Purchaser’s discretion, and include those Green Tag Reporting
Rights accruing under Section 1605(b) of the Energy Policy Act of 1992 and any present or future federal,
state, or local law, regulation or bill, and international or foreign emissions trading program. Green Tags
are accumulated on a kWh basis and one Green Tag represents the Green Attributes associated with one (1)
MWh of Energy. “Green Attributes” do not include (i) any Energy, Capacity, reliability, or other power
attributes of the Facility, (ii) production or investment tax credits associated with the construction or
operation of the Facility and other financial incentives in the form of credits, grants, reductions, or
allowances associated with the Facility that are applicable to a state or federal income taxation obligation,
(iii) fuel-related subsidies or “tipping fees” that may be paid to Seller to accept certain fuels, or local
subsidies received by the generator for the destruction of particular pre-existing pollutants or the promotion
of local environmental benefits, or (iv) emission reduction credits encumbered, used or created by the
Facility for compliance with or sale under local, state, or federal operating and/or air quality permits or
programs. If the Facility is a biomass or landfill facility and the Seller receives any tradable Green
Attributes based on the Facility’s greenhouse gas reduction benefits or other emission offsets attributed to
its fuel usage, the Seller shall provide the Buyer with sufficient Green Attributes to ensure that there are
zero net emissions associated with the production of electricity from the Facility. “Green Attributes”
includes any other environmental credits or benefits recognized in the future and attributable to Energy
generated by the Facility during the Term that may not be represented by Green Tag Reporting Rights or
RECs, unless otherwise excluded herein. Any Green Attributes provided under this Agreement shall be
documented by RECs, or any other representation of the environmental benefits of the Output, the monthly
cumulative total of which shall be provided to the Buyer, as specified herein.
“Interconnection Agreement” refers to the agreement between the Buyer and the Seller, specific to the
interconnection of the Facility to Buyer’s Distribution System.
“NERC” means the North American Electric Reliability Corporation, or successor organization.
“NCPA” means Northern California Power Agency, a California joint action agency, or successor agency.
“Output” means all Capacity associated with Contract Capacity and associated Energy made available
from the Facility, as well as any Capacity Attributes, Green Attributes, or other attributes existing now or in
the future associated with Contract Capacity and/or associated Energy. “Output” does not include
production or investment tax credits associated with the construction or operation of the Facility and other
financial incentives in the form of credits, grants, reductions, or allowances associated with the Facility that
are applicable to a state or federal income taxation obligation.
“Planned Outage” means an outage, scheduled in advance, of one or more of the Facility’s components
that results in a reduction of the ability of the Facility to produce Capacity.
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“Pre-Certification Price” means the contract price to be paid for all Energy delivered to the Buyer prior to
the RPS Certification Date, as specified in Exhibit “PPA-A”.
“Renewable Energy Credit” or “REC” has the meaning set forth in Section 399.12(h)(1) and (2) of the
California Public Utilities Code, and includes a certificate of proof that one unit of electricity was generated
by an Eligible Renewable Energy Resource. Currently, RECs are used to convey all Green Attributes
associated with electricity production by a renewable energy resource. RECs are accumulated on a kWh
basis and one REC represents the Green Attributes associated with the generation of 1 MWh (1,000 kWhs)
from the Facility. For purposes of this Agreement, the term REC shall be synonymous with the term Green
Tag, green ticket, bundled or unbundled renewable energy credit, tradable renewable energy certificates, or
any other term used to describe the documentation that evidences the renewable and Green Attributes
associated with electricity production by an Eligible Renewable Energy Resource.
“Renewables Portfolio Standard” or “RPS” means the standard adopted by the State of California
pursuant to Senate Bill 2 1st Extraordinary Session (SBX1 2, Chapter 1, Statutes 2011-12), and California
Public Utilities Code Sections 399.11through 399.31, inclusive, as may be amended, setting minimum
renewable energy targets for local publicly owned electric utilities.
“Reservation Deposit” means the monetary deposit submitted by the Seller (or the Facility sponsor on
behalf of the Seller) to secure a reservation of the CLEAN Program’s prices. The Reservation Deposit is
set forth in Exhibit “PPA-A.”
“Resource Adequacy” means a requirement by a governmental authority or in accordance with its FERC-
approved tariff, or a policy approved by a local regulatory authority, that is binding upon either Party and
that requires that Party to procure a certain amount of electric generating capacity.
“RPS Certification” means certification by the CEC that the Facility qualifies as an Eligible Renewable
Energy Resource for RPS purposes, and that all Energy produced by the Facility qualifies as generation
from an Eligible Renewable Energy Resource, as evidenced by a Certificate of RPS Eligibility.
“RPS Certification Date” means the date on which the RPS Certification begins, as specified in the
Certificate of RPS Eligibility.
“Seller” means with a principal place of business at
, , .
“Station Service Load” means the electrical loads associated with the operation and maintenance of the
Facility, which may at times be supplied from the Facility’s Energy.
“Term” has the meaning set forth in Section 14.1 hereof.
“WECC” means the Western Electricity Coordinating Council, the regional entity responsible for
coordinating and promoting regional bulk electric system reliability in the Western Canada and the United
States, or any successor organization.
2.0 SELLER’S GENERATING FACILITY, PURCHASE PRICE AND PAYMENT
2.1 Facility. This Agreement governs the Buyer’s purchase of the Output from the Facility,
as described in Exhibit “PPA-A.” The Seller shall not modify the Facility to increase or decrease the
Contract Capacity after the Commercial Operation Date.
2.2 Products Purchased. During the Delivery Term, the Seller shall sell and deliver, or cause
to be delivered, and the Buyer shall purchase and receive, or cause to be received, the Output from the
Facility. The Seller shall not have the right to procure the Output from sources other than the Facility for
sale or delivery to the Buyer under this Agreement or to substitute the Output.
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2.3 Delivery Term. The Delivery Term shall commence on the Commercial Operation Date under this
Agreement, and shall continue for an uninterrupted period of [fifteen (15), twenty (20), or twenty-five (25)
years]. This period will commence on the first day of the calendar month immediately following the
Commercial Operation Date. As evidence of the Commercial Operation Date, the Parties shall execute
and exchange the “Commercial Operation Date Confirmation Letter,” attached hereto as Exhibit “PPA-
B.” The Commercial Operation Date shall be the date on which the Parties acknowledge, in writing, that
the Facility starts operating and is otherwise in compliance with applicable interconnection and system
protection requirements, including the final approvals by the City’s building department official.
2.4 Payment for Products Purchased.
2.4.1 Deliveries Prior to RPS Certification Date. Once the Facility has achieved
Commercial Operation, if the CEC has not issued a Certificate of RPS Eligibility for the Facility
or the Facility has not been registered with the appropriate entity for the tracking of Green
Attributes, the Buyer will pay the Seller for the Output by multiplying the Pre-Certification Price
by the quantity of Energy.
2.4.2 Deliveries After RPS Certification Date. Once the Facility has achieved
Commercial Operation, the CEC has issued a Certificate of RPS Eligibility for the Facility, and
the Facility has been registered with the appropriate entity for the tracking of Green Attributes, the
Buyer shall pay the Seller for all Output on or after the RPS Certification Date by multiplying the
Contract Price by the quantity of Energy.
2.4.3 True-up Upon Issuance of Certificate of RPS Eligibility. Once the Facility has
achieved Commercial Operation, the CEC has issued a Certificate of RPS Eligibility for the
Facility, and the Facility has been registered with the appropriate entity for the tracking of Green
Attributes, the Buyer will pay the Seller an amount equal to the difference between the Contract
Price and the Pre-Certification Price for the Output (a) that was delivered on or after the RPS
Certification Date and (b) for which the Seller has already received payment at the Pre-
Certification Energy Price.
2.4.4 Energy in Excess of Contract Capacity. The Seller shall not receive payment for
any Energy or Green Attributes delivered in any hour to the Buyer in excess of the following
amount of energy (in kilowatt-hours): 110% of the Contract Capacity (in kilowatts) multiplied by
one hour. Any payment in excess of this amount shall be refunded to the Buyer, on demand.
2.5 Billing. The Buyer shall pay the Seller by check or electronic funds transfer, on a
monthly basis, within thirty (30) days of the meter reading date.
2.6 Title and Risk of Loss. Title to and risk of loss related to the Output shall be transferred
from the Seller to the Buyer at the Delivery Point. The Seller warrants that it will deliver to the Buyer the
Output free and clear of all liens, security interests, claims, encumbrances or any interest therein or thereto
by any person, arising prior to the Delivery Point.
2.7 No Additional Incentives. The Seller warrants that it has not received any other
incentives funded by the Buyer’s ratepayers and it further agrees that, during the Term, it shall not seek
additional compensation or other benefits from the Buyer pursuant to the following programs of the Buyer:
(a) Photovoltaic (PV) Partners Program; (b) Power from Local Ultra-Clean Generation Incentive (PLUG-
In) Program; or (c) other similar programs that are or may be funded by the Buyer’s ratepayers.
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3.0 RPS CERTIFICATION; GREEN ATTRIBUTES
3.1 CEC Certification. The Seller, at its own cost and expense, shall obtain the RPS
Certification within six (6) months of the Commercial Operation Date. The Seller shall maintain the RPS
Certification at all times during the Delivery Term. The foregoing provision notwithstanding, the Seller
shall not be in breach of this Agreement and the Buyer shall not have the right to terminate this Agreement,
if the Seller’s failure to obtain or maintain the RPS Certification is due to a change in California law,
occurring after the Commercial Operation Date, so long as the Seller has used commercially reasonable
efforts to obtain and maintain the RPS Certification and the Seller’s actions or omissions did not contribute
to its inability to obtain and maintain the RPS Certification.
3.2 Obligation to Deliver Green Attributes. The Seller shall sell and deliver to the Buyer, and
the Buyer shall buy and receive from the Seller, all right, title, and interest in and to Green Attributes
associated with Energy, produced by the Facility and delivered to the Buyer at the Delivery Point, whether
now existing or that hereafter come into existence during the Term, except as otherwise excluded herein;
provided, the Buyer shall not be obligated to purchase and pay the Seller for any Green Attributes
associated with any amount of the Output, that is generated by any fuel which is not renewable and which
cannot be counted for the purpose of the production of Green Attributes. The Seller agrees to sell and make
all such Green Attributes available to the Buyer to the fullest extent allowed by applicable law, in
accordance with the terms and conditions of this Agreement. The Seller warrants that the Green Attributes
provided under this Agreement to the Buyer shall be free and clear of all liens, security interests, claims
and encumbrances.
3.3 Conveyance of Green Attributes. The Seller shall provide Green Attributes associated
with the Facility, which shall be documented and conveyed to the Buyer in accordance with the procedure
described in Exhibit “PPA-D.”
3.4 Additional Evidence of Green Attributes Conveyance. At the Buyer’s request, the Seller
shall provide additional reasonable evidence to the Buyer or to third parties of the Buyer’s right, title, and
interest in the Green Attributes and any other information with respect to Green Attributes, as may be
requested by the Buyer.
3.5 Modification of Green Attributes Conveyance Procedure. The Buyer may unilaterally
modify Exhibit “PPA-D” in order to reflect changes necessary in the Green Attributes conveyance
procedures, so that the Buyer may be able to receive and report the Green Attributes, purchased under this
Agreement, as belonging to the Buyer.
3.6 Reporting of Ownership of Green Attributes. The Seller shall not report to any person or
entity that the Green Attributes sold and conveyed to the Buyer belong to any person other than the Buyer.
The Buyer may report under any applicable program that Green Attributes purchased by the Buyer
hereunder belong to it.
3.7 Greenhouse Gas Emissions. The Seller shall comply with any laws and/or regulations
regarding the need to offset emissions of GHGs by delivering to the Buyer the Energy from the Facility
with a net zero GHG impact.
4.0 CONVEYANCE OF CAPACITY ATTRIBUTES
4.1 Conveyance of Resource Adequacy Capacity. The Seller shall not report to any person or
entity that the Resource Adequacy Capacity, as defined in the CAISO Tariff) associated with the Facility,
if any, belongs to a person other than the Buyer, which may report that Resource Adequacy Capacity
purchased hereunder belongs to it to fulfill the Resource Adequacy requirements, as defined in Section 40
of the CAISO Tariff, as amended, or any successor program. The Seller shall take those actions described
in Section 6.0 hereof, as applicable, to secure recognition of Resource Adequacy Capacity by the CAISO.
4.2 Conveyance of Other Capacity Attributes. In addition to the obligations imposed on the
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Seller under Section 4.1, the Seller will undertake any and all actions reasonably needed to enable the
Buyer to effect the recognition and transfer of any Capacity Attributes in addition Resource Adequacy, to
the extent that such Capacity Attributes exist now or will exist in the future; provided, if such actions
require any actions beyond the giving of notice by the Seller, then the Buyer shall reimburse all out-of-
pocket costs and charges of such actions.
4.3 Reporting of Ownership of Capacity Attributes. The Seller shall not report to any person
or entity that the Capacity Attributes sold and conveyed to the Buyer belong to any person other than the
Buyer. The Buyer may report under any such program that such Capacity Attributes purchased hereunder
belong to it.
5.0 METERING AND OPERATIONS
5.1 Timing of Outages. The Seller may not schedule or take any Planned Outage from 12:00
p.m. through 7:00 p.m. Pacific Time during the months of June through October.
5.2 Outage Reporting.
5.2.1 Buyer Request. The Seller is not required to report any Planned Outage or Forced
Outage, unless the Buyer first submits a written request to the Seller to commence Outage
reporting. Upon receipt of such a request, the Seller shall report all subsequent Planned Outages
and the Forced Outages according to the procedures described in subsections 5.2.2 and 5.2.3, and
shall continue such reporting until (a) the termination of this Agreement for any reason, or (b) the
Buyer subsequently provides written notice to the Seller that the Seller may cease such reporting
in the future.
5.2.2 Planned Outage Notifications. The Seller shall notify the Buyer at least 72 hours in
advance of any Planned Outage that would result in a reduction in the effective Output of the
Facility during the period over which the Planned Outage is scheduled. Notification shall be
provided by e-mail to the e-mail address (or addresses) set forth in Exhibit “PPA-F.”
5.2.3 Forced Outage Notifications. Within 24 hours of the occurrence of a Forced
Outage of the Facility that impacts the ability of the Facility to produce Energy, the Seller shall
notify the Buyer of the Forced Outage, including the Capacity of the Facility that is impacted, and
the expected duration of the Forced Outage. Within 24 hours of the return of the Facility to service
following the Forced Outage, the Seller shall notify the Buyer of the return-to-service details.
Notification shall be made by e-mail to the address (or addresses) set forth in Exhibit “PPA-F.”
5.3 Metering. The Buyer shall furnish and install one or more standard watt-hour meters to
read Energy generated by the Facility, and it will charge a meter fee to the Seller to cover the costs
associated with the meter’s purchase and installation. As requested, the Seller shall provide and install a
meter socket in accordance with the Buyer’s metering standards. The Buyer reserves the right to install
additional metering equipment at its sole cost and expense.
6.0 PARTICIPATING GENERATORS
6.1 Applicability. This Section 6.0 shall apply if the Facility meets the definition of a
“Participating Generator,” as may be defined by the CAISO Tariff. This Section 6.0 shall not apply if the
definition applies to the Facility only upon the election by the Seller. For the purposes of this Section 6.0,
all special terms not otherwise defined in Section 1.0 are defined in the CAISO Tariff.
6.2 Participating Generator Agreement. The Buyer will notify the CAISO of the Seller’s
interconnection to Buyer’s Distribution System. If the CAISO requires it, the Seller, at its own expense,
shall negotiate and enter in to two contracts, a “Participating Generator Agreement” and a “Meter Services
Agreement for CAISO Metered Entities,” with the CAISO.
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6.3 Scheduling Coordination. If the CAISO requires the Seller to enter in to a Participating
Generator Agreement, then the Seller shall designate NCPA as the Buyer’s scheduling coordinator. The
Buyer, acting in its sole discretion, may replace NCPA as the scheduling coordinator for the Facility. If
NCPA ceases to be the scheduling coordinator for the Facility and the Buyer has not, upon fourteen (14)
days’ prior written notice of inquiry from the Seller, appointed a replacement scheduling coordinator, then
the Seller shall have the right to appoint a replacement scheduling coordinator on the Buyer’s behalf.
Thereafter, the Buyer shall enter into all reasonable and appropriate agreements with such replacement
scheduling coordinator at its own costs.
6.4 Scheduling Procedure. The Buyer may require the Seller to provide the Buyer with
Energy forecasts on a periodic basis, as may be necessary for the Buyer to account for expected Facility
generation in its daily power scheduling process. The requirements are set forth in Exhibit “PPA-C.”
6.5 Modification of Scheduling and Outage Notification Procedure. The Buyer may
unilaterally modify Exhibit “PPA-C” to reflect changes necessary in the scheduling and Outage notification
procedures. The Buyer shall give the Seller reasonable notice of any such changes.
6.6 Provision of Other Equipment. If the Seller is required to enter into a Participating
Generator Agreement with the CAISO, then the Seller, at its own cost and expense, shall provide and
maintain data transmission-grade phone line and telecommunications equipment at the meter location that
complies with applicable requirements of the CAISO, the Buyer, and NCPA. Any meter installed by the
Seller shall comply at all times with the CAISO’s metering requirements. If the Seller fails to provide or
maintain any such required equipment or data connection, then the Buyer shall acquire, install and maintain
the same at the Seller’s sole cost and expense.
6.7 Designation as Resource Adequacy Resource. The Buyer may submit a written request
to the Seller to obtain the CAISO’s designation of the Facility as a Resource Adequacy Resource. Upon
receipt of such request, the Seller shall provide such information and undertake such steps as may be
required by the CAISO in order to complete such an assessment. If the Buyer makes such a request, then
the Buyer shall be responsible for the following: (1) any costs charged to the Seller by the CAISO as a
condition of applying for or receiving designation as a Resource Adequacy Resource, including any
deposits required during the study process or the cost of any related studies or deliverability assessments
performed by the CAISO; (2) the capital, installation, and maintenance costs of any additional equipment
required by the CAISO as a condition of receiving designation as a Resource Adequacy Resource; (3) the
costs of any Network Upgrades, as defined in the CAISO Tariff, as may be required by the CAISO,
provided, the Buyer shall receive any subsequent repayments from the CAISO or the Participating
Transmission Owner related to such upgrades; and (4) any charges or penalties assessed by the CAISO as a
consequence of the Facility’s designation as a Resource Adequacy Resource.
6.8 CAISO Charges. The Buyer shall be solely responsible for paying all costs and charges
associated with the receipt of Energy under this Agreement, at the Delivery Point, and for the transmission
and delivery of Energy from the Delivery Point to any other point downstream of the Delivery Point,
including transmission costs and charges, competition transition charges, applicable control area service
charges, transmission congestion charges, inadvertent energy flows, any other CAISO charges related to
the transmission of such Energy by the CAISO and any charge assessed or collected in the future pursuant
to any utility tariff or rate schedule, however defined, for transmission or transmission-related service
rendered by or for any transmission-owning or operating entity. The Seller will undertake any and all
actions reasonably needed to allow the Buyer to comply with any obligations, and minimize any potential
liability, under the CAISO tariff. If and to the extent that the Seller fails to comply with the notice
provision in Exhibit “PPA-C,” concerning Outages, or with its obligations as outlined in the previous
sentence, the Seller shall be wholly responsible for all imbalances, deviations, or any other CAISO charges
or penalties associated with such Outage or other CAISO Tariff obligation.
6.9 Inclusion in Metered Subsystem. At the option of the Buyer, the Facility may be
included within NCPA’s metered sub-system in connection with the scheduling of power over the CAISO
grid and related functions; provided, however, that such inclusion shall have no adverse effect on the
Facility’s operations or the Seller (or any such effect shall be fully mitigated by the Buyer). The Seller will
undertake any and all actions reasonably needed to allow the Buyer to comply with any obligations, and
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minimize any potential liability, under the CAISO Tariff; provided, that if such actions require any actions
beyond the giving of notice to be provided by the Buyer, then the Buyer shall reimburse the Seller for all
out-of-pocket costs and charges of such actions.
7.0 COMMERCIAL OPERATION DATE; REFUND OF RESERVATION DEPOSIT
7.1 Commercial Operation Date. The Facility shall achieve Commercial Operation by the
Commercial Operation Date deadline (the “Deadline”), which is one (1) year from the Effective Date, or, for
Affordable Housing Developments, three (3) years from the Effective Date.
7.2 Reservation Deposit. The Buyer acknowledges that, as of the Effective Date or other
date established by the Buyer, the Seller has provided the Reservation Deposit to the Buyer.
7.2.1 If the Commercial Operation Date occurs on or prior to the Deadline, the Buyer
shall refund to the Seller the Reservation Deposit without interest.
7.2.2 If the Commercial Operation Date commences within seventy (70) days of the
Deadline, the Seller, as liquidated damages and not as a penalty, shall relinquish its claim to a ten
percent (10%) portion of the amount of the Reservation Deposit for every full week transpiring
between the Deadline and the Commercial Operation Date, but the total amount to be relinquished
to the Buyer shall not exceed 100% of the Reservation Deposit.
7.2.3 If the Facility has not achieved Commercial Operation within seventy (70) days of
the Deadline, then the Buyer may terminate this Agreement without liability of either Party to the
other (other than as set forth in Section 7.2.2) by giving written notice of termination to the Seller.
7.2.4 If the Seller gives notice of termination to terminate the Agreement before
Commercial Operation occurs, then the Buyer shall refund a percentage of the Reservation
Deposit equal to the following: the percentage to be refunded will equal A/B, where A equals the
number of days between the date of the Seller’s notice of termination, received by the Buyer, and
the Deadline, and B equals the number of days between the Effective Date and the Deadline.
7.3 Return of Reservation Deposit. The Buyer shall return to the Seller the Reservation
Deposit, without interest, in the event that (a) the Buyer furnishes written notice of the costs of
interconnection (defined in the Interconnection Agreement to include the costs related to the
Interconnection Facilities and Distribution Upgrades) to the Seller and (b) within thirty (30) days of receipt
of the notice regarding costs of interconnection, the Seller provides the Buyer with written notice that the
Seller does not intend to sign the Interconnection Agreement and does intend to proceed with the project.
8.0 REPRESENTATION AND WARRANTIES; COVENANTS
8.1 Representations and Warranties. On the Effective Date, each Party represents and
warrants to the other Party that:
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8.1.1 It is duly organized, validly existing and in good standing under the laws of the
jurisdiction of its formation;
8.1.2 The execution, delivery and performance of this Agreement is within its powers,
have been duly authorized by all necessary action and do not violate any of the terms and
conditions in its governing documents, any contracts to which it is a party or any law, rule,
regulation, order or the like applicable to it;
8.1.3 This Agreement and each other document executed and delivered in accordance
with this Agreement constitutes its legally valid and binding obligation enforceable against it in
accordance with its terms;
8.1.4 It is not bankrupt and there are no proceedings pending or being contemplated by it
or, to its knowledge, threatened against it which would result in it being or becoming bankrupt;
8.1.5 There is not pending or, to its knowledge, threatened against it or any of its
affiliates, if any, any legal proceedings that could materially adversely affect its ability to perform
its obligations under this Agreement; and
8.1.6 It is acting for its own account, has made its own independent decision to enter into
this Agreement and as to whether this Agreement is appropriate or proper for it based upon its
own judgment, is not relying upon the advice or recommendations of the other Party in so doing,
and is capable of assessing the merits of, and understands and accepts, the terms, conditions and
risks of this Agreement.
8.2 General Covenants. Each Party covenants that, during the Term:
8.2.1 It shall continue to be duly organized, validly existing and in good standing under
the laws of the jurisdiction of its formation;
8.2.2. It shall maintain (or obtain from time to time as required, including through
renewal, as applicable) all regulatory authorizations necessary for it to legally perform its
obligations under this Agreement; and
8.2.3 It shall perform its obligations under this Agreement in a manner that does not
violate any of the terms and conditions in its governing documents, any contracts to which it is a
party or any law, rule, regulation, order or the like applicable to it.
8.3 Covenant by Seller. The Seller covenants that, during the Term:
8.3.1 If the Eligible Renewal Energy Resource or the Facility is considered an ‘eligible
qualifying facility’ under applicable law and has a net power production capacity of greater than
one (1) megawatt, then the Seller covenants and agrees that, within thirty (30) days of the
Effective Date or longer period allowed by law, it will complete and file Form No. 556 or other
similar form with FERC as the same may be required by law.”
9.0 GENERAL CONDITIONS
9.1 Facility Care and Interconnection. During the Delivery Term, the Seller shall execute
and maintain an “Interconnection Agreement” with the Buyer, whereby the Seller shall pay and be
responsible for designing, installing, operating, and maintaining the Facility in accordance with all
applicable laws and regulations and shall comply with all applicable Buyer, WECC, FERC, and NERC
requirements, including applicable interconnection and metering requirements. The Seller shall also comply
with any modifications, amendments or additions to the applicable tariff and protocols. The Seller also shall
arrange and pay independently for any and all necessary costs under the Interconnection Agreement with
the Buyer.
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9.2 Standard of Care. The Seller shall: (a) operate and maintain the Facility in a safe manner
in accordance with its existing applicable interconnection agreements, manufacturer’s guidelines, warranty
requirements, Good Utility Practice, industry norms (including standards of the National Electrical Code,
Institute of Electrical and Electronic Engineers, American National Standards Institute, and the
Underwriters Laboratories, and in accordance with the requirements of all applicable federal, state and
local laws and the National Electric Safety Code, as such laws and code norms may be amended from time
to time; (b) obtain any governmental authorizations and permits required for the construction and operation
thereof. The Seller shall make any necessary and commercially reasonable repairs with the intent of
optimizing the availability of electricity to the Buyer. The Seller shall reimburse the Buyer for any and all
losses, damages, claims, penalties, or liability that the Buyer incurs as a result of the Seller’s failure to
obtain or maintain any governmental authorizations and permits required for the construction and operation
of the Facility throughout the Term.
9.3 Access Rights. The Buyer, its authorized agents, employees and inspectors shall have the
right to inspect the Facility on reasonable advance notice during normal business hours and for any
purposes reasonably connected with this Agreement or the exercise of any and all rights secured to the
Buyer by law, including, without limitation, its ordinances, resolutions, tariffs, utility rate schedules or
utilities rules and regulations. The Buyer shall make reasonable efforts to coordinate its emergency
activities with the safety and security departments, if any, of the Facility’s operator. The Seller shall keep
the Buyer advised of current procedures for communicating with the Facility operator’s safety and security
departments.
9.4 Protection of Property. Each Party shall be responsible for protecting its own facilities
from possible damage resulting from electrical disturbances or faults caused by the operation, faulty
operation, or non-operation of the other Party’s facilities and such other Party shall not be liable for any
such damages so caused.
9.5 Insurance. During the Term, the Seller shall obtain and maintain and otherwise comply
with the insurance requirements, as set forth in Exhibit “PPA-E.”
9.6 Buyer’s Performance Excuse; Seller Curtailment.
9.6.1 Buyer Performance Excuse. The Buyer shall not be obligated to accept or pay for
the Output during Force Majeure that affects the Buyer’s ability to accept Energy.
9.6.2 Seller Curtailment. The Buyer may require the Seller to interrupt or reduce
deliveries of Energy: (a) whenever necessary to construct, install, maintain, repair, replace,
remove, or investigate any of its equipment or part of the Buyer’s Distribution System or facilities;
or (b) if the Buyer determines that curtailment, interruption, or reduction is necessary due to a
System Emergency, as defined in the CAISO Tariff, an unplanned outage on Buyer’s Distribution
System, Force Majeure, or compliance with Good Utility Practice.
9.7 Notices of Outages. Whenever possible, the Buyer shall give the Seller reasonable notice
of the possibility that interruption or reduction of deliveries may be required.
9.8 No Additional Loads. The Seller shall not connect any loads not associated with Station
Service Loads at the location of the Facility in a manner that would reduce Energy provided from the
Facility to the Buyer hereunder. The Seller shall obtain separate retail electric service under the Buyer’s
rate schedules for the service of such additional loads.
10.0 FORCE MAJEURE
10.1 Effect of Force Majeure. A Party shall be excused from its performance under this
Agreement to the extent, but only to the extent, that its performance hereunder is prevented by Force
Majeure. A Party claiming Force Majeure shall exercise due diligence to overcome or mitigate the effects
of Force Majeure; provided, that nothing in this Agreement shall be deemed to obligate the Party affected
by Force Majeure (a) to forestall or settle any strike, lock-out or other labor dispute against its will; or (b)
for Force Majeure affecting the Seller only, to purchase electric power to cure Force Majeure.
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10.2 Remedial Action. A Party shall not be liable to the other Party if the Party is prevented
from performing its obligations hereunder due to Force Majeure. The Party rendered unable to fulfill an
obligation by reason of Force Majeure shall take all action necessary to remove such inability with all due
speed and diligence. The nonperforming Party shall be prompt and diligent in attempting to remove the
cause of its failure to perform, and nothing herein shall be construed as permitting that Party to continue to
fail to perform after that cause has been removed. Notwithstanding the foregoing, the existence of Force
Majeure shall not excuse any Party from its obligations to make payment of amounts due hereunder.
10.3 Notice of Force Majeure. In the event of any delay or nonperformance resulting from
Force Majeure, the Party directly impacted by Force Majeure shall, as soon as practicable under the
circumstances, notify the other Party, in writing, of the nature, cause, date of commencement thereof and
the anticipated extent of any delay or interruption in performance.
10.4 Termination Due to Force Majeure. If a Party will be prevented from performing its
material obligations under this Agreement for an estimated period of twelve (12) consecutive months or
longer due to Force Majeure, then the unaffected Party may terminate this Agreement, without liability of
either Party to the other (other than any liability set forth in Section 7.2.2 arising prior to such extended
Force Majeure), upon thirty (30) Days’ prior written notice at any time during Force Majeure.
11.0 INDEMNITY
11.1 Indemnity by the Seller. The Seller shall indemnify, defend, and hold harmless the
Buyer, its elected and appointed officials, directors, officers, employees, agents, and representatives against
and from any and all losses, claims, demands, liabilities and expenses, actions or suits, including reasonable
costs and attorney’s fees, resulting from, or arising out of or in any way connected with claims by third
parties associated with (A) (i) Energy delivered at the Delivery Point; (ii) the Seller’s operation and/or
maintenance of the Facility; or (iii) the Seller’s actions or inactions with respect to this Agreement, and (B)
any loss, claim, action or suit, for or on account of injury, bodily or otherwise, to, or death of, persons, or
for damage to or destruction of property belonging to the Buyer or other third party, excepting only such
loss, claim, action or suit as may be caused solely by the willful misconduct or gross negligence of the
Buyer, its agents, employees, directors or officers.
11.2 Indemnity by the Buyer. The Buyer shall indemnify, defend, and hold harmless the
Seller, its directors, officers, employees, agents, and representatives against and from any and all losses,
claims, demands, liabilities and expenses, actions or suits, including reasonable costs and attorney’s fees
resulting from, or arising out of or in any way connected with claims by third parties associated with acts of
the Buyer, its officers, employees, agents, and representatives, relating to: (A) Energy delivered by the
Seller under this Agreement after the Delivery Point, and (B) any loss, claim, action or suit, for or on
account of injury, bodily or otherwise, to, or death of, persons, or for damage to or destruction of property
belonging to the Seller or other third party, excepting only such loss, claim, action or suit as may be caused
solely by the willful misconduct or gross negligence of the Seller, its agents, employees, directors or
officers.
12.0 LIMITATION OF DAMAGES
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL
IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT
ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND
EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY
ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE
FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES,
LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR
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CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY
HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 11 (INDEMNITY), IT IS
THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES
AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES
RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH
NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.
13.0 NOTICES
Notices shall, unless otherwise specified herein, be given, in writing, and may be delivered by
hand delivery, United States mail, overnight courier service, facsimile or electronic messaging (e-mail) to
the addresses set forth in Exhibit “PPA-F.”. Whenever this Agreement requires or permits delivery of a
“notice” (or requires a Party to “notify”), the Party with such right or obligation shall provide a written
communication in the manner specified below. A notice sent by facsimile transmission or electronic mail
will be recognized and shall be deemed received on the Business Day on which such notice was transmitted
if received before 5 p.m. Pacific Time (and if received after 5 p.m., on the next Business Day) and a notice
by overnight mail or courier shall be deemed to have been received two (2) Business Days after it was sent
or such earlier time as is confirmed by the receiving Party unless it confirms a prior oral communication, in
which case any such notice shall be deemed received on the day sent. A Party may change its addresses by
providing notice of same in accordance with this provision. A Party may request a change to Exhibit “PPA-
F” as necessary to keep the information current.
14.0 TERM, TERMINATION EVENT AND TERMINATION
14.1 Term. The Term shall commence upon the execution by the duly authorized representatives
of each of the Parties, and shall remain in effect until the conclusion of the Delivery Term, unless
terminated sooner pursuant to the terms and conditions of this Agreement. All indemnity rights shall
survive the termination of this Agreement for twelve (12) months.
14.2 Delivery Term. The Delivery Term of the Agreement is _______ years and is defined as
the period of time from the Commercial Operation Date through the expiration or early
termination of this Agreement.
14.3 Termination Event.
14.3.1 The Buyer shall have the right, but not the obligation, to terminate this Agreement
upon the occurrence of any of the following, each of which is a “Termination Event”: (a) The
Facility has not achieved Commercial Operation within seventy (70) days following the Deadline;
(b) After the Commercial Operation Date, the Seller has not sold or delivered Energy from the
Facility to the Buyer for a period of twelve (12) consecutive months; (c) If the Facility does not
obtain RPS Certification within six (6) months of the Commercial Operation Date and maintain
RPS Certification as required by Section 3.2; or (d) The Seller breaches any other material
obligation of this Agreement.
14.3.2 The Seller shall have the right, but not the obligation, to terminate this Agreement
upon the occurrence of any of the following, each of which is a “Termination Event”: (a) The
Buyer fails to make a payment due and payable under this Agreement within thirty (30) days after
written notice that such payment is due; or (b) The Buyer breaches any other material obligation
of this Agreement. The preceding sentence notwithstanding, the Seller may terminate this
Agreement without cause at any time prior to the Commercial Operation Date, subject to the
provisions of Section 7 of this Agreement.
14.4 Time to Cure. None of the events described in Section 14.3.1 and 14.3.2 shall constitute
a Termination Event if the Buyer or the Seller cures the event, failure, or circumstance within thirty (30)
days after receipt of written notification sent by the other Party, seeking termination, or such longer period
as may be necessary to cure so long as the Party subject to the Terminating Event is exercising diligent
efforts to cure.
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14.5 Termination.
14.5.1 Declaration of a Termination Event. If a Termination Event has occurred and is
continuing, the Party with the right to terminate shall have the right to: (a) send notice, designating
a day, no earlier than thirty (30) days after such notice is deemed to be received (as provided in
Section 13), as an early termination date of this Agreement (the “Early Termination Date”), unless
the Seller has timely communicated with the Buyer and the Parties have agreed to resolve the
circumstances giving rise to the Termination Event; (b) accelerate all amounts owing between the
Parties; and (c) terminate this Agreement and end the Delivery Term effective as of the Early
Termination Date.
14.5.2 Release of Liability for Termination Event. Upon termination of this Agreement
pursuant to this section neither Party shall be under any further obligation or subject to liability
hereunder, except with respect to the indemnity provision in Section 11 hereof, which shall remain
in effect for a period of 12 months following the Early Termination Date.
14.6 No Limitation on Damages. Nothing in this Agreement shall be deemed or construed to
limit a Party’s right to recover damages from the other Party, except as otherwise provided in this
Agreement.
15.0 RELEASE OF DATA
Except as may be exempt from disclosure under applicable law, the Seller authorizes the Buyer to
release to any regulatory authority having jurisdiction over the Facility or a Party, or to any request made
pursuant to the California Constitution or the California Public Records Act, information regarding the
Facility, including the Seller’s name and location, operational characteristics, the Term of this Agreement,
the Facility resource type, the scheduled Commercial Operation Date, the actual Commercial Operation
Date, the Contract Capacity, payments made to the Seller and Energy production information. The Seller
acknowledges that this information may be made publicly available.
16.0 ASSIGNMENT
Neither Party shall assign this Agreement or its rights hereunder without the prior written consent
of the other Party, which consent shall not be unreasonably withheld.
16.1 Upon the written request of the Seller, the Buyer will execute a “Lender Consent and
Agreement” between the Seller and the Seller’s lender(s), if any, in the form acceptable to the Parties;
provided, for illustration purposes only, an exemplar is attached hereto as Exhibit “PPA-G.”
16.2 Notwithstanding the foregoing, no Consent and Agreement shall be required for:
16.2.1 Any assignment or transfer of this Agreement by the Seller to an affiliate of the
Seller, provided that such affiliate’s creditworthiness is equal to or better than that of Seller, as
reasonably determined by the non-assigning or non-transferring Party; or
16.2.2 Any assignment or transfer of this Agreement by the Seller or the Buyer to a
person succeeding to all or substantially all of the assets of such Party, provided that such person’s
creditworthiness is equal to or greater than that of such Party, as reasonably determined by the
non-assigning or non-transferring Party.
16.2.3 Notification of any assignment or transfer of this Agreement under Section 16.2.1
or 16.2.2 shall be given to the non-assigning or non-transferring Party in accordance with Exhibit
“PPA-F.”
17.0 APPLICABLE LAW, VENUE, ATTORNEYS’ FEES, AND INTERPRETATION
This Agreement will be governed by and construed in accordance with the laws of the State of
California. The Parties will comply with applicable laws pertaining to their obligations arising under this
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Agreement. 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 or in the United States District Court for the Northern District
of California in the County of Santa Clara, State of California. 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. If a court of competent jurisdiction finds or rules that any provision of this
Agreement, the Exhibits, or any amendment thereto is void or unenforceable, the unaffected provisions of
this Agreement, the Exhibits, or any amendment thereto will remain in full force and effect. The Parties
agree that the normal rule of construction to the effect that any ambiguity is to be resolved against the
drafting party will not be employed in the interpretation of this Agreement or any Exhibit or any
amendment thereof.
18.0 SEVERABILITY
If any provision in this Agreement is determined to be invalid, void or unenforceable by any court
having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other
provision, agreement or covenant of this Agreement and the Parties shall use their best efforts to modify
this Agreement to give effect to the original intention of the Parties.
19.0 COUNTERPARTS; INTERPRETATION OF CONFLICTING PROVISIONS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original and all of which shall be deemed one and the same Agreement. Delivery of an executed
counterpart of this Agreement by facsimile or portable document format (“PDF”) transmission will be
deemed as effective as delivery of an originally executed counterpart. Each Party delivering an executed
counterpart of this Agreement by facsimile or PDF transmission will also deliver an originally executed
counterpart, but the failure of any Party to deliver an originally executed counterpart of this Agreement will
not affect the validity or effectiveness of this Agreement. In the event of a conflict between the Agreement
and any, some or all of the Exhibits, the document imposing the more specific duty or obligation will
prevail.
20.0 GENERAL
No amendment to or modification of this Agreement shall be enforceable unless reduced to writing and
executed by both Parties. This Agreement shall not impart any rights enforceable by any third party other
than a permitted successor or assignee bound to this Agreement. Waiver by a Party of any default by the
other Party shall not be construed as a waiver of any other default. The headings used herein are for
convenience and reference purposes only.
//
//
//
//
//
//
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21. EXHIBITS
The following exhibits shall be deemed incorporated in and made a part of this Agreement.
Exhibit “PPA-A” - Facility Description, Prices, and Reservation Deposit
Exhibit “PPA-B” - Commercial Operation Date Confirmation Letter
Exhibit “PPA-C” - Scheduling and Outage Notification Procedure
Exhibit “PPA-D” - Green Attributes Reporting and Conveyance Procedures
Exhibit “PPA-E” - Insurance Requirements
Exhibit “PPA-F” - Notices
Exhibit “PPA-G” - Form of Lender Consent and Agreement
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their
authorized representatives as of the Effective Date.
CITY OF PALO ALTO SELLER
APPROVED AS TO FORM
Senior Deputy City Attorney
APPROVED
City Manager
Director of Utilities
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EXHIBIT “PPA-A”
Facility Description, Rates, and Reservation Deposit
Program Rates
Contract Term: [Fifteen (15), twenty (20), or twenty-five (25) years]
Contract rate: $0.165 per kWh for solar resources, 15- or 20- or 25-year contract term (up to 3 MW solar energy resources program capacity)
$0.095 per kWh for solar resources, 15-year contract term (beyond 3 MW)
$0.098 per kWh for solar resources, 20-year contract term (beyond 3 MW) $0.102 per kWh for solar resources, 25-year contract term (beyond 3 MW)
$0.094 per kWh for non-solar resources, 15-year contract term
$0.098 per kWh for non-solar resources, 20-year contract term $0.101 per kWh for non-solar resources, 25-year contract term
Pre-certification rate: $0.08 per kWh
Reservation Deposit
Reservation Deposit ($20/kW of Contract Capacity): $
Service address:
Facility Description:
Contract Capacity: kW (CEC-AC), based on solar array rating (Panel rated
output at PV USA test conditions x inverter efficiency) or inverter rating
Facility primary fuel/technology:
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EXHIBIT “PPA-B”
Commercial Operation Date Confirmation Letter
In accordance with the terms of the Power Purchase Agreement (Palo Alto CLEAN), dated
(the “Agreement”) by and between the City of Palo Alto, as the Buyer, and
, as the Seller, this Confirmation Letter serves to
document the Parties’ agreement that (i) the conditions precedent to the occurrence of the Commercial
Operation Date have been satisfied, and (ii) the Buyer has received Energy, as specified in the Agreement,
as of , . The actual installed Contract Capacity is kW.
This Confirmation Letter shall confirm the Commercial Operation Date, as defined in the Agreement, as of
the date referenced in the preceding sentence.
IN WITNESS WHEREOF, each Party has caused this letter to be duly executed by its authorized
representative as of the date of last signature provided below:
Buyer Seller
By: By:
Name: Name:
Title: Director of Utilities Title:
Date: Date:
In recognition of the Commercial Operation Date relative to the Effective Date of the Agreement by
and between the Buyer and the Seller, the Seller hereby calculates the amount to return, if any, of the
Seller’s deposit, as follows:
Original Reservation Deposit Amount: $
Commercial Operation Date Deadline:
□ Commercial Operation Date is prior to Deadline
□ Commercial Operation Date occurred weeks following the Deadline, meaning that %
of the Reservation Deposit is relinquished by Seller per Section 7.2.2 of the Power Purchase
Agreement.
Amount (if any) of Reservation Deposit to return to the Seller is: $
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EXHIBIT “PPA-C”
Scheduling and Outage Notification Procedure
C.1 Applicability. This Exhibit” PPA-C” shall apply if the Facility is subject to Section 6.0
of this Agreement.
C.2 Annual Operations Forecast
C.2.1 By the tenth (10th) day September of each calendar year, the Seller will provide
NCPA with an annual operations forecast detailing hourly expected generation and all proposed
planned Outages for the next calendar year. The annual operations forecast for the calendar year
shall be provided by not later than ninety (90) days prior to the scheduled Commercial Operation
Date of the Generating Facility.
C.2.2 NCPA may request modifications to the annual operations forecast at any time,
and the Seller shall use good faith efforts to accommodate the requested modifications.
C.2.3 The Seller shall not conduct Planned Outages at times other than as set forth in
its annual operations forecast, unless approved in advance by NCPA, which approval shall not be
withheld or delayed unreasonably.
C.2.4 The Seller shall not schedule or conduct Planned Outages from 12:00 p.m.
through 7:00 p.m. Pacific Time during the months of June through October.
C.3. Short Term Operations Forecasts
C.3.1. Quarterly Operations Forecast
C.3.1.1 By the fifth (5th) day of January, April and July of each Contract Year,
the Seller shall provide a calendar quarter-operations forecast by hour of expected
generation and all proposed Planned Outages for the next full calendar quarter and the
twelve (12) months following that calendar quarter. As an example, by January 5, 2014,
the Seller would provide a calendar quarter-operations forecast by hour of expected
generation for the period, April 1, 2014 through June 30, 2014, and identify all proposed
Planned Outages for the period, April 1, 2014 through June 30, 2015.
C.3.1.2 NCPA will approve or require modifications to the proposed calendar
quarter-operations forecast within ten (10) days of receipt of the forecast.
C.3.1.3 If required by NCPA, the Seller will provide a modified calendar
quarter-operations forecast within seven (7) days after receipt of required modifications
from NCPA.
C.3.2 Weekly Update
C.3.2.1 By 14:00 of each Wednesday, the Seller shall provide an electronic
update, in a format specified by NCPA, to the calendar quarter-operations forecast for the
following seven (7) days (Thursday through the next Wednesday).
C.3.2.2 The weekly update shall include hourly expected generation and all
proposed planned Outages for the relevant seven (7) day period.
C.4 Outage Detail for Annual and Short Term Operations Forecasts. Outage information
provided by the Seller shall include, at a minimum, the start time and stop time of the Outage, capacity out
of service (kW), the equipment that is or will be out of service, and the reason for the Outage.
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C.5 General Scheduling Protocols
C.5.1 Daily Modifications to Forecasts. Unless otherwise mutually agreed, the Seller
may make changes to the weekly update to the calendar quarter-operations forecast by providing
such changes to NCPA prior to 08:00 of the day that is two (2) Business Days before the active
scheduling day as determined by the WECC prescheduling calendar. Example: For power that is
scheduled for generation or delivery on Friday, March 29, 2014, changes must be submitted to
NCPA by 08:00 on Wednesday, March 27, 2014.
C.5.2 Hourly Modifications to Active Schedules. Unless otherwise mutually agreed,
the Seller may request changes to active schedules by providing such changes to NCPA with a
minimum of four (4) hours’ notice prior to the applicable CAISO market deadline (e.g. Hour
Ahead Scheduling Process (“HASP”) Scheduling deadline, as defined in the CAISO Tariff).
Active day Schedule changes are not binding. Changes to active Schedules are limited to two (2)
changes per day, excluding forced Outages, unless otherwise agreed to between the Parties. One
request for a Schedule change, of one-hour or multiple-hours duration, constitutes one Schedule
change. Example: For power that is scheduled for generation or delivery in hour ending 15:00 (for
the period from 14:01 to 15:00), changes must be submitted to NCPA by 10:00.
C.5.3. Unforeseen Circumstances. At the Seller’s request, NCPA may, but is not
required to, modify the Schedules for the Generation Facility Output due to unforeseen
circumstances in accordance with the above scheduling timeline constraints described in this
Exhibit PPA-C.
C.5.4. Absence of Forecasts. In the absence of forecasts and schedules as required by
this Agreement or this Exhibit, NCPA shall utilize the most current information the Seller
provides in the development and submission of Schedules.
C.6 Outage Reporting Protocols
C.6.1. Notification. The Seller shall notify NCPA of all planned or forced Outages of
the Generating Facility to ensure compliance with the CAISO Outage Coordination and
Enforcement Protocols.
C.6.1.1 Outage information provided by the Seller shall include, at a minimum,
the start time and stop time of the Outage, Capacity out of service (kW), equipment out of
service, and the reason for the Outage.
C. 6.1.2 Seller shall provide the Planned Outages not included in the annual
operations forecast, the calendar quarter-operations forecast, or the weekly update, to
NCPA at least four (4) Business Days prior to the start of the requested outage.
C. 6.1.3 At any time prior to the start of a Planned Outage, the CAISO may
deny the Outage due to a System Emergency (as defined in the CAISO Tariff) or as
otherwise permitted under the CAISO Tariff. If NCPA receives notice that the CAISO
has denied an Outage in accordance with the CAISO Tariff, NCPA will notify the Seller
as soon as possible and the Seller shall modify the planned Outage as required by the
CAISO.
C.6.2 Commencement of an Outage. The Seller shall not begin any Planned Outage
without the prior approval of NCPA and the CAISO.
C.6.3 Forced Outages
C.6.3.1 The Seller shall report the Forced Outages to NCPA within twenty (20)
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minutes of such Outages.
C.6.3.2 The Seller’s notice of a Forced Outage sent to NCPA shall include the
reason for the Outage (if known), expected duration of the Outage, and the Capacity
reduction.
C.6.3.3 By the end of the next Business Day following the day on which a
Forced Outage has occurred, the Seller shall provide to NCPA a detailed written report,
specifying the reason for the Outage, expected duration of such Outage, capacity
reduction, and actions taken to mitigate such Outage.
C.6.4 Return to Service. The Seller shall notify NCPA as soon as possible, but in any
case before the Generating Facility is returned to service.
C.7 Notices. All Scheduling notices and Schedules shall be submitted to NCPA by phone,
fax or email, or other means as may be mutually agreed by the Parties, to the persons designated in Exhibit
“PPA-F.”
C.8 Changes in Scheduling and Outage Procedure. The Buyer shall revise Exhibit “PPA-C,”
or, as appropriate, give written notice to the Seller regarding the revision, and issue a new Exhibit
“PPA-C,” which shall then become part of the Agreement to reflect changes in the scheduling and outage
notification procedure.
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EXHIBIT “PPA-D”
Green Attributes Reporting and Conveyance Procedures
D.1 Additional Definitions for the Conveyance of Green Attributes
D.1.1 “Certificate Transfers” means the process, as described in the WREGIS
Operating Rules, whereby a WREGIS account holder may request that WREGIS Certificates from
a specific generating unit shall be directly deposited to another WREGIS account.
D.1.2 “WREGIS Certificates” means a certificate created within the WREGIS system
that represents all Renewable and Green Attributes from one MWh of electricity generation from
an Eligible Renewable Energy Resource that is registered with WREGIS.
D.1.3 “WREGIS Operating Rules” means the document published by WREGIS that
governs the operation of the WREGIS system for registering, tracking, and conveying, among
others, RECs produced from Eligible Renewable Energy Resources that shall be registered with
WREGIS.
D.1.4 “WREGIS” means Western Renewable Energy Generation Information System.
D.2 RECs. Green Attributes shall be conveyed by the Seller to the Buyer through RECs,
which shall be registered tracked and conveyed to the Buyer, using WREGIS.
D.3 WREGIS Registration. Prior to the Commercial Operation Date, the Buyer will register
the Facility in the Buyer’s WREGIS account on behalf of the Seller. The Buyer shall charge back to the
Seller any costs of registering and maintaining the registration of the Facility with WREGIS. The Seller
shall provide to the Buyer any documents required by WREGIS and assign the Seller’s rights to register the
Facility in WREGIS, using agreements provided by WREGIS.
D.4 B u yer ’s W REGI S Acco unt . The Buyer shall, at its sole expense, establish and maintain
the Buyer’s WREGIS account sufficient to accommodate the WREGIS Certificates produced by the output
of the Facility. The Buyer shall be responsible for all expenses associated with (A) establishing and
maintaining the Buyer’s WREGIS Account, and (B) subsequently transferring or retiring WREGIS
Certificates.
D.5 Qualified Reporting Entity. The Buyer shall be the Qualified Reporting Entity (as such
term is defined by WREGIS) for the Facility, and shall be responsible for providing the metered Output
data to WREGIS.
D.6 Reporting of Environmental Attributes. In lieu of the Seller’s transfer of the WREGIS
Certificates using Certificate Transfers from the Seller’s WREGIS account to the Buyer’s WREGIS
account, the Buyer shall report the Facility as being held directly in its WREGIS account, which will
preclude the Seller from reporting the Facility in its own WREGIS account.
D.6.1 By avoiding the use of Certificate Transfers, there will be no transaction costs to
the Seller or the Buyer for the Certificate Transfers that would otherwise be used.
D.6.2 WREGIS Certificates for the Facility will be created on a calendar month basis
in accordance with the certification procedure established by the WREGIS Operating Rules in an
amount equal to the Energy generated by the Project and delivered to the Buyer in the same
calendar month.
D.6.3 WREGIS Certificates will only be created for whole MWh amounts of energy
generated. Any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient
generation is accumulated for the creation of a WREGIS Certificate and all such accumulated
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MWh of Environmental Attributes will then be available to Buyer.
D.6.4 If a WREGIS Certificate Modification (as such term is defined by WREGIS)
will be required to reflect any errors or omissions regarding the Green Attributes from the Facility,
then the Buyer will manage the submission of the WREGIS Certificate Modification.
D.6.5 Due to the expected delay in the creation of WREGIS Certificates relative to the
timing of invoice payments under Section 2, the Buyer will normally be making an invoice
payment for the Output for a given month in accordance with Section 2 before the WREGIS
Certificates for such month may be created in the Buyer’s WREGIS account. Notwithstanding this
delay, the Buyer shall have all right and title to all such WREGIS Certificates upon payment to the
Seller in accordance with Section 2.
D.7 Changes in Green Attributes Reporting and Conveyance Procedures. The Buyer shall
revise this Exhibit “PPA-D,” as appropriate, give written notice to the Seller regarding the revision, and
issue a new Exhibit “PPA-D,” which shall then become part of this Agreement in the event that:
D.7.1 WREGIS changes the WREGIS Operating Rules (as defined by WREGIS) after
the Effective Date or applies the WREGIS Operating Rules in a manner inconsistent with this
Exhibit “PPA-D” after the Effective Date; or,
D.7.2 WREGIS is replaced as the primary method that the Buyer uses for conveyance
of Green Attributes, or additional methods to convey all Green Attributes, are required.
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EXHIBIT “PPA-E”
Insurance Requirements
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, WILL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR
AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED,
BELOW:
REQUIRED
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
AGGREGATE
YES AUTOMOBILE LIABILITY STATUTORY
YES
COMMERCIAL GENERAL
LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$2,000,000
$2,000,000
YES
COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, 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 PROPOSER AND
ITS SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S
LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS,
OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE
OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY – SEE, SAMPLE AGREEMENT FOR SERVICES.
II. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS
SECTION AND IV THROUGH V, BELOW.
A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
Item 10
Attachment C - Palo Alto
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Agreement (redline)
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040914 jrm 0180042 26
C. POLICY NUMBER(S):
D. DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR
APPROVAL):
III. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND
PROPOSER’S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE
REQUIREMENTS SPECIFIED HEREIN.
IV. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSURES”
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 INSURES.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES 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.
V. PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE
REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE
SAME SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S INFORMATION FORM.
Firm:
Signature:
Name:
(Print or type name)
Signature:
Name:
(Print or type name)
Item 10
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Agreement (redline)
Item 10: Staff Report Pg. 47 Packet Pg. 335 of 389
040914 jrm 0180042 27
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
Item 10
Attachment C - Palo Alto
CLEAN Power Purchase
Agreement (redline)
Item 10: Staff Report Pg. 48 Packet Pg. 336 of 389
040914 jrm 0180042 28
EXHIBIT “PPA-F”
Notices
Contract Administration
BUYER: SELLER:
City of Palo Alto
Utilities Resource Management
250 Hamilton Avenue
Palo Alto, CA 94301
Ph: 650-329-2689
Email: UtilityCommoditySettlements@CityofPaloAlto.Org
Billing and Settlements
BUYER: SELLER:
City of Palo Alto
Utilities Resource Management
250 Hamilton Avenue
Palo Alto, CA 94301
Ph: 650-329-2689
Email: UtilityCommoditySettlements@CityofPaloAlto.Org
Forecasting and Outage Reporting under Section 6 of this Agreement
Planned Outages:
BUYER: SELLER:
Northern California Power Agency Real-
Time Dispatch
651 Commerce Drive
Roseville, CA 95678
Ph: 916-786-3518
Forced Outages
BUYER: SELLER:
Northern California Power Agency Real-
Time Dispatch
651 Commerce Drive
Roseville, CA 95678
Ph: 916-786-3518
Forecasting and Scheduling
BUYER: SELLER:
Northern California Power Agency
Operations and Pre-Scheduling
651 Commerce Drive
Roseville, CA 95678
Ph: 916-786-0123
Item 10
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040914 jrm 0180042 29
EXHIBIT “PPA-G”
Form of Lender Consent and Agreement
This CONSENT AND AGREEMENT (this “Consent”), dated as of , 20 , is entered into
by and among the CITY OF PALO ALTO, a California chartered municipal corporation (the “City”),
, a corporation (the “Lender),” by its agent,
(the “Administrative Agent”), and , a
corporation (the “Borrower”) (collectively, the “Parties”). Unless otherwise defined, all
capitalized terms have the meaning given in the Contract (as hereinafter defined).
RECITALS
A. Borrower intends to develop, construct, install, test, own, operate and use an approximately
MW electric generating facility located in the city of Palo Alto in the State of California, known as
the Project (the “Project”).
B. In order to partially finance the development, construction, installation, testing, operation and
use of the Project, Borrower has entered into that certain financing agreement dated as of
(as amended, amended and restated, supplemented or otherwise modified from time to time, the “Financing
Agreement”), among Borrower, the financial institutions from time to time parties thereto (collectively, the
“Lenders”) , and Administrative Agent for the Lenders, pursuant to which, among other things, Lenders
have extended commitments to make loans and other financial accommodations to, and for the benefit of,
Borrower.
C. The City and Borrower have entered into that certain Power Purchase Agreement, dated as of
(attached hereto and incorporated herein by reference, as amended, amended and restated,
supplemented or otherwise modified from time to time in accordance with the terms thereof and hereof, the
“Power Purchase Agreement”).
D. The City and Borrower have entered into that certain Interconnection Agreement, dated as of
_ (attached hereto and incorporated herein by reference, as amended, amended and restated,
supplemented or otherwise modified from time to time in accordance with the terms thereof and hereof, the
“Interconnection Agreement”).
E. Pursuant to a security agreement executed by Borrower and Administrative Agent for the
Lenders (as amended, amended and restated, supplemented or otherwise modified from time to time, the
“Security Agreement”), Borrower has agreed, among other things, to assign, as collateral security for its
obligations under the Financing Agreement and related documents (collectively, the “Financing
Documents”), all of its right, title and interest in, to and under the Power Purchase Agreement and
Interconnection Agreement to Administrative Agent for the benefit of itself, the Lenders and each other
entity or person providing collateral security under the Financing Documents.
F. It is a requirement under the Financing Agreement that the Parties hereto execute this Consent.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, and intending to be legally bound, the Parties agree, as follows:
1. CONSENT TO ASSIGNMENT. The City acknowledges the assignment referred to in Recital E
above, consents to an assignment of the Power Purchase Agreement and Interconnection Agreement
pursuant thereto, and agrees with Administrative Agent, as follows:
(a) Administrative Agent shall be entitled (but not obligated) to exercise all rights and to cure any
Item 10
Attachment C - Palo Alto
CLEAN Power Purchase
Agreement (redline)
Item 10: Staff Report Pg. 50 Packet Pg. 338 of 389
040914 jrm 0180042 30
defaults of Borrower under the Power Purchase Agreement or Interconnection Agreement, as the
case may be, subject to applicable notice and cure periods provided in the Power Purchase
Agreement and Interconnection Agreement. Upon receipt of notice from Administrative Agent,
the City agrees to accept such exercise and cure by Administrative Agent if timely made by
Administrative Agent under the Power Purchase Agreement or Interconnection Agreement, as the
case may be, and this Consent. Upon receipt of Administrative Agent's written instructions and to
the extent allowed by law, the City agrees to make directly to such account as Administrative
Agent may direct the City, in writing, from time to time, all payments to be made by the City to
Borrower under the Power Purchase Agreement or Interconnection Agreement, as the case may
be, from and after the City’s receipt of such instructions, and Borrower consents to any such
action. The City shall not incur any liability to Borrower under the Power Purchase Agreement,
Interconnection Agreement, or this Consent for directing such payments to Administrative Agent
in accordance with this subsection (a).
(b) The City will not, without the prior written consent of Administrative Agent (such consent not
to be unreasonably withheld), (i) cancel or terminate the Power Purchase Agreement or
Interconnection Agreement, or consent to or accept any cancellation, termination or suspension
thereof by Borrower, except as provided in the Power Purchase Agreement or Interconnection
Agreement and in accordance with subparagraph 1(c) hereof, (ii) sell, assign or otherwise dispose
(by operation of law or otherwise) of any part of its interest in the Power Purchase Agreement or
Interconnection Agreement, except as provided in the Power Purchase Agreement or
Interconnection Agreement, or (iii) amend or modify the Power Purchase Agreement or
Interconnection Agreement in any manner materially adverse to the interest of the Lenders in the
Power Purchase Agreement and Interconnection Agreement as collateral security under the
Security Agreement.
(c) The City agrees to deliver duplicates or copies of all notices of default delivered by the City
under or pursuant to the Power Purchase Agreement or Interconnection Agreement to
Administrative Agent in accordance with the notice provisions of this Consent. The City shall
deliver any such notices concurrently with delivery of the notice to Borrower under the Power
Purchase Agreement or Interconnection Agreement. To the extent that a cure period is provided
under the Power Purchase Agreement or Interconnection Agreement, Administrative Agent shall
have the same period of time to cure the breach or default that Borrower is entitled to under the
Power Purchase Agreement or Interconnection Agreement, except that if the City does not deliver
the default notice to Administrative Agent concurrently with delivery of the notice to Borrower
under the Power Purchase Agreement or Interconnection Agreement, then as to Administrative
Agent, the applicable cure period under the Power Purchase Agreement or Interconnection
Agreement shall begin on the date on which the notice is given to Administrative Agent. If
possession of the Project is necessary to cure such breach or default, and Administrative Agent or
its designee(s) or assignee(s) declare Borrower in default and commence foreclosure proceedings,
Administrative Agent or its designee(s) or assignee(s) will be allowed a reasonable period to
complete such proceedings so long as Administrative Agent or its designee(s) continue to perform
any monetary obligations under the Power Purchase Agreement or Interconnection Agreement, as
the case may be. The City consents to the transfer of Borrower's interest under the Power Purchase
Agreement and Interconnection Agreement to the Lenders or Administrative Agent or their
designee(s) or assignee(s) or any of them or a purchaser or grantee at a foreclosure sale by judicial
or nonjudicial foreclosure and sale or by a conveyance by Borrower in lieu of foreclosure and
agrees that upon such foreclosure, sale or conveyance, the City shall recognize the Lenders or
Administrative Agent or their designee(s) or assignee(s) or any of them or other purchaser or
grantee as the applicable party under the Power Purchase Agreement and Interconnection
Agreement (provided that such Lenders or Administrative Agent or their designee(s) or
assignee(s) or purchaser or grantee assume the obligations of Borrower under the Power Purchase
Agreement and Interconnection Agreement, including, without limitation, satisfaction and
compliance with all credit provisions of the Power Purchase Agreement and Interconnection
Agreement, if any, and provided further that such Lenders or Administrative Agent or their
designee(s) or assignee(s) or purchaser or grantee has a creditworthiness equal to or better than
Item 10
Attachment C - Palo Alto
CLEAN Power Purchase
Agreement (redline)
Item 10: Staff Report Pg. 51 Packet Pg. 339 of 389
040914 jrm 0180042 31
Borrower, as reasonably determined by City).
(d) In the event that either the Power Purchase Agreement or Interconnection Agreement, or both
is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding, and if,
within forty-five (45) days after such rejection, Administrative Agent shall so request, the City
will execute and deliver to Administrative Agent a new power purchase agreement or
interconnection agreement, as the case may be, which power purchase agreement or
interconnection agreement shall be on the same terms and conditions as the original Power
Purchase Agreement or Interconnection Agreement for the remaining term of the original Power
Purchase Agreement or Interconnection Agreement before giving effect to such rejection, and
which shall require Administrative Agent to cure any defaults then existing under the original
Power Purchase Agreement or Interconnection Agreement. Notwithstanding the foregoing, any
new renewable power purchase agreement or interconnection agreement will be subject to all
regulatory approvals required by law. The City will use good faith efforts to promptly obtain any
necessary regulatory approvals.
(e) In the event Administrative Agent, the Lenders or their designee(s) or assignee(s) elect to
perform Borrower's obligations under the Power Purchase Agreement and Interconnection
Agreement, succeed to Borrower’s interest under the Power Purchase Agreement and
Interconnection Agreement, or enter into a new power purchase agreement or interconnection
agreement as provided in subparagraph 1(d) above, the recourse of the City against Administrative
Agent, Lenders or their designee(s) and assignee(s) shall be limited to such Parties’ interests in the
Project, and the credit support required under the Power Purchase Agreement and Interconnection
Agreement, if any.
(f) In the event Administrative Agent, the Lenders or their designee(s) or assignee(s) succeed to
Borrower's interest under the Power Purchase Agreement and Interconnection Agreement,
Administrative Agent, the Lenders or their designee(s) or assignee(s) shall cure any then-existing
payment and performance defaults under the Power Purchase Agreement or Interconnection
Agreement, except any performance defaults of Borrower itself, which by their nature are not
susceptible of being cured. Administrative Agent, the Lenders and their designee(s) or assignee(s)
shall have the right to assign all or a pro rata interest in the Power Purchase Agreement and
Interconnection Agreement to a person or entity to whom Borrower’s interest in the Project is
transferred, provided such transferee assumes the obligations of Borrower under the Power
Purchase Agreement and Interconnection Agreement and has a creditworthiness equal to or better
than Borrower, as reasonably determined by the City. Upon such assignment, Administrative
Agent and the Lenders and their designee(s) or assignee(s) (including their agents and employees)
shall be released from any further liability thereunder accruing from and after the date of such
assignment, to the extent of the interest assigned.
2. REPRESENTATIONS AND WARRANTIES. The City hereby represents and warrants that as
of the date of this Consent:
(a) It (i) is duly formed and validly existing under the laws of the State of California, and (ii) has
all requisite power and authority to enter into and to perform its obligations hereunder and under
the Power Purchase Agreement and Interconnection Agreement, and to carry out the terms hereof
and thereof and the transactions contemplated hereby and thereby;
(b) the execution, delivery and performance of this Consent, the Power Purchase Agreement and
the Interconnection Agreement have been duly authorized by all necessary action on its part and
do not require any approvals, material filings with, or consents of any entity or person which have
not previously been obtained or made;
(c) each of this Consent, the Power Purchase Agreement, and the Interconnection Agreement is in
full force and effect;
Item 10
Attachment C - Palo Alto
CLEAN Power Purchase
Agreement (redline)
Item 10: Staff Report Pg. 52 Packet Pg. 340 of 389
040914 jrm 0180042 32
(d) each of this Consent, the Power Purchase Agreement, and the Interconnection Agreement has
been duly executed and delivered on its behalf and constitutes its legal, valid and binding
obligation, enforceable against it in accordance with its terms, except as the enforceability thereof
may be limited by (i) bankruptcy, insolvency, reorganization or other similar laws affecting the
enforcement of creditors’ rights generally and (ii) general equitable principles (whether considered
in a proceeding in equity or at law);
(e) there is no litigation, arbitration, investigation or other proceeding pending for which the City
has received service of process or, to the City’s actual knowledge, threatened against the City
relating solely to this Consent, the Power Purchase Agreement, or the Interconnection Agreement
and the transactions contemplated hereby and thereby;
(f) the execution, delivery and performance by it of this Consent, the Power Purchase Agreement,
and the Interconnection Agreement, and the consummation of the transactions contemplated
hereby, will not result in any violation of, breach of or default under any term of any material
contract or material agreement to which it is a party or by which it or its property is bound, or of
any material requirements of law presently in effect having applicability to it, the violation, breach
or default of which could have a material adverse effect on its ability to perform its obligations
under this Consent;
(g) neither the City nor, to the City’s actual knowledge, any other party to the Power Purchase
Agreement or Interconnection Agreement, is in default of any of its obligations thereunder; and
(h) to the City’s actual knowledge, (i) no Force Majeure Event exists under, and as defined in, the
Power Purchase Agreement or Interconnection Agreement and (ii) no event or condition exists
which would either immediately or with the passage of any applicable grace period or giving of
notice, or both, enable either the City or Borrower to terminate or suspend its obligations under the
Power Purchase Agreement or the Interconnection Agreement.
Each of the representations and warranties set forth herein shall survive the execution and delivery
of this Consent and the consummation of the transactions contemplated hereby.
3. NOTICES. All notices required or permitted hereunder shall be given, in writing, and shall be
effective (a) upon receipt if hand delivered, (b) upon telephonic verification of receipt if sent by facsimile
and (c) if otherwise delivered, upon the earlier of receipt or three (3) Business Days after being sent
registered or certified mail, return receipt requested, with proper postage affixed thereto, or by private
courier or delivery service with charges prepaid, and addressed as specified below:
If to the City:
[ ]
[ ]
[ ]
Telephone No.: [ ]
Facsimile No.: [ ]
Attn: [ ]
If to Administrative Agent:
[ ]
[ ]
[ ]
Telephone No.: [ ]
Facsimile No.: [ ]
Attn: [ ]
Item 10
Attachment C - Palo Alto
CLEAN Power Purchase
Agreement (redline)
Item 10: Staff Report Pg. 53 Packet Pg. 341 of 389
040914 jrm 0180042 33
If to Borrower:
[ ]
[ ]
[ ]
Telephone No.: [ ]
Facsimile No.: [ ]
Attn: [ ]
Any party shall have the right to change its address for notice hereunder to any other location within the
United States by giving thirty (30) days written notice to the other parties in the manner set forth above.
4. ASSIGNMENT, TERMINATION, AMENDMENT. This Consent shall be binding upon and
benefit the successors and assigns of the Parties hereto and their respective successors, transferees and
assigns (including without limitation, any entity that refinances all or any portion of the obligations under
the Financing Agreement). The City agrees (a) to confirm such continuing obligation, in writing, upon the
reasonable request of (and at the expense of) Borrower, Administrative Agent, the Lenders or any of their
respective successors, transferees or assigns, and (b) to cause any successor-in-interest to the City with
respect to its interest in the Power Purchase Agreement or Interconnection Agreement to assume, in writing
and in form and substance reasonably satisfactory to Administrative Agent, the obligations of City
hereunder. Any purported assignment or transfer of the Power Purchase Agreement or Interconnection
Agreement not in conjunction with the written instrument of assumption contemplated by the foregoing
clause (b) shall be null and void. No termination, amendment, or variation of any provisions of this Consent
shall be effective unless in writing and signed by the parties hereto. No waiver of any provisions of this
Consent shall be effective unless in writing and signed by the party waiving any of its rights hereunder.
5. GOVERNING LAW. This Consent shall be governed by the laws of the State of California
applicable to contracts made and to be performed in California. The federal courts or the state courts
located in California shall have exclusive jurisdiction to resolve any disputes with respect to this Consent
with the City, Assignor, and the Lender or Lenders irrevocably consenting to the jurisdiction thereof for
any actions, suits, or proceedings arising out of or relating to this Consent.
6. COUNTERPARTS. This Consent may be executed in one or more duplicate counterparts, and
when executed and delivered by all the parties listed below, shall constitute a single binding agreement.
7. SEVERABILITY. In case any provision of this Consent, or the obligations of any of the Parties
hereto, shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions, or the obligations of the other Parties hereto, shall not in any way be affected or impaired
thereby.
8. ACKNOWLEDGMENTS BY BORROWER. Borrower, by its execution hereof, acknowledges
and agrees that neither the execution of this Consent, the performance by the City of any of the obligations
of the City hereunder, the exercise of any of the rights of the City hereunder, or the acceptance by the City
of performance of the Power Purchase Agreement by any party other than Borrower shall (1) release
Borrower from any obligation of Borrower under the Power Purchase Agreement or Interconnection
Agreement, (2) constitute a consent by the City to, or impute knowledge to the City of, any specific terms
or conditions of the Financing Agreement, the Security Agreement or any of the other Financing
Documents, or (3) except as expressly set forth in this Consent, constitute a waiver by the City of any of its
rights under the Power Purchase Agreement or Interconnection Agreement. Borrower and Administrative
Agent acknowledge hereby for the benefit of City that none of the Financing Agreement, the Security
Item 10
Attachment C - Palo Alto
CLEAN Power Purchase
Agreement (redline)
Item 10: Staff Report Pg. 54 Packet Pg. 342 of 389
040914 jrm 0180042 34
Agreement, the Financing Documents or any other documents executed in connection therewith alter,
amend, modify or impair (or purport to alter, amend, modify or impair) any provisions of the Power
Purchase Agreement.
CITY OF PALO ALTO ADMINISTRATIVE AGENT
APPROVED AS TO FORM
Senior Deputy City Attorney
BORROWER
APPROVED
City Manager
Director of Utilities
Item 10
Attachment C - Palo Alto
CLEAN Power Purchase
Agreement (redline)
Item 10: Staff Report Pg. 55 Packet Pg. 343 of 389
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: March 18, 2024
Report #:2403-2719
TITLE
SECOND READING: Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of
land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park”
as Recommended by the Parks and Recreation Commission. CEQA status ‐ not a project. (FIRST
READING: March 4, 2024 PASSED 7-0)
BACKGROUND
This was heard by the City Council on March 4, 2024 for a first reading and was approved 7-0.
No changes were made to the ordinance; it is now before you for a second reading.
ATTACHMENTS
Attachment A: Park Dedication Ordinance for Tower Well Site at 201 Alma Street
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 11
Item 11 Staff Report
Item 11: Staff Report Pg. 1 Packet Pg. 344 of 389
NOT YET ADOPTED
1
100_20231113_ts24
ORDINANCE NO.
Ordinance of the Council of the City of Palo Alto Dedicating the
Area to Become the Tower Well Park
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Improvements. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and section 22.08.004 of the
Palo Alto Municipal Code specify that land intended to be used for park purposes can be
dedicated for such use by ordinance.
(b) The Tower Well Park site (“site”) is defined as the area described in Exhibit A-31
to this ordinance. Generally, the site is at the corner of Alma Street and Hawthorne Avenue, and
contains a water tower constructed in 1910. The Palo Alto Historical Association remarks that
“[w]hen constructed in 1910, the water tower was the first major visible infrastructure of the
City’s utilities and is a symbol of the City’s successful beginnings and forward thinking leaders.”
(c) The City intends to dedicate the Tower Well Park as parkland through this
ordinance.
SECTION 2. The City Council hereby dedicates the site pursuant to Article VIII of the
Charter of the City of Palo Alto and section 22.08.004 of the Palo Alto Municipal Code.
SECTION 3. Section 22.08.440 is hereby added to Chapter 22.08 (Park dedications) to
read as follows:
22.08.440 Tower Well Park
That certain parcel of land known as the Tower Well Park, as delineated and described in Exhibit
A-31, is hereby reserved for park, playground, recreation or conservation purposes.
SECTION 4. Exhibit A-31 of this ordinance shall be codified as Exhibit A-31 to the Exhibits
of Title 22.
SECTION 5. The City Council finds that this ordinance is not a project within the meaning
of CEQA.
//
//
//
//
Item 11
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 11: Staff Report Pg. 2 Packet Pg. 345 of 389
NOT YET ADOPTED
2
100_20231113_ts24
SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Community Services
Item 11
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 11: Staff Report Pg. 3 Packet Pg. 346 of 389
A.P.NO. 120-25-060 APRIL 15, 1996
REQUESTED BY: JANET FREELAND
APPROVED BY: JAMES D. KIEHL ,~.K.
CREATED BY: JAMES T. BOURQUIN -'-'~
CHECKED BY: JAY E. REMLEY, SR. ffZ"
LEGAL DESCRIPTION
PARCEL 1
All that real property situated in the City of Palo Alto, County of Santa Clara, State of California ¯
described as follows.
Being a portion of Lot 1, Block 2, as shown upon that certain map of the re-subdivision of Block
2, recorded on September 6, 1902 in Volume F-3 of Maps, Page 4, said re-subdivision being a
portion of that certain map entitled "UNIVERSITY PARK", recorded on February 27, 1889 in
Book D of Maps, Page 69;
Beginning at the intersection of the northeasterly line of Alma Street with the southeasterly line of
Hawthorne Avenue;
THENCE, northeasterly 112.50 feet along.the southeasterly line of Hawthorne Avenue;
THENCE, southeasterly 75.00 feet and parallel with Alma Street;
THENCE, southwesterly 112.50 feet and parallel with Hawthorne Avenue;
THENCE, northwesterly 75.00 feet along the northeasterly line of Alma Street to the POINT
OF BEGINNING,
Said Parcel 1 contains 8,437.50 square feet more or~ less,
Said Parcel 1 is shown on attached map Exhibit "B" .and made a part hereof,
LEGAL: 12025060.wpd
PLAT: 12025060.DWG
End of Legal Description
Exhibit "A"
EXHIBIT A ( 1 of 2)
(to Deed)
Exhibit A-31Item 11
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 11: Staff Report Pg. 4 Packet Pg. 347 of 389
35'
I,i
i,I
Z
HAWTHORNE AVENUE
-- P.D.B. PARCEL
=:-XHIBTT_
35'
IIBSO¯
PARCEL
A.P.No, ]80-85-060
DRAWN BY: J. KIEHL
CHECKED BY: J. BI:]URQUIN..~rB
CHECKED BY: J. REMLEY/#'~:
LEGAL F]LENAME: 18085060
DRAWING F]LENAME: 12025060
112.50'
s°°& A,P.No ,
77.13'
PARCEL 1
WELL SITE
UNIVERSITY PARK
A.P,No.
CITY OF PALD ALTO, CALIFORNIA
EXHIBIT A (2 of 2)
35.37"
d
Z
O_
<£
180-85-053
SCALE: l" =
P.L.S. 7158
APPROVED:
REVISION: (4) 4/18/96
Item 11
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 11: Staff Report Pg. 5 Packet Pg. 348 of 389
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Public Works
Meeting Date: March 18, 2024
Report #:2402-2648
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04
(Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management
Regulations) (FIRST READING: January 16, 2024 PASSED 5-2, Lythcott-Haims, Tanaka no)
BACKGROUND
The ordinance has been amended to reflect part B of the Council’s motion. Specifically, a provision was
added to Section 8.10.070 to require requests to prune trees in excess of the limits in Section 8.10.020(i)
to be submitted to the urban forester fourteen days before pruning the tree with a statement explaining
why pruning beyond the limits is warranted.
During passage of the tree ordinance updates in January, staff confirmed during the Council questions
that based on CAO analysis of PAMC Chapter 18.09, the updated Title 8 and applicable state law, the
tree ordinance would not apply to stand alone Table 1 ADU’s. Staff did not recommend adding specific
language to that effect at that time.
At the second reading of the tree ordinance updates, several council members expressed concern that
the updated tree ordinance did not explicitly state that PAMC 18.09 Table 1 ADUs were exempt. To
address this concern, the following proposed language has been added as 8.10.050 (b)(4):
The tree is proposed for removal to accommodate an ADU constructed pursuant to Section 18.09.030, or
because removal is necessary to allow an ADU constructed pursuant to Section 18.09.040 to achieve the
minimum standards set forth in state law.
ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street,
Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations).
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
Item 12
Item 12 Staff Report
Item 12: Staff Report Pg. 1 Packet Pg. 349 of 389
*NOT YET APPROVED* Attachment A
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04
(Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and
Management Regulations).
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Chapter 8.04 (Street Trees, Shrubs, and Plants) of Title 8 (Trees and
Vegetation) of the Palo Alto Municipal Code is hereby amended to read as follows (additions
underlined and deletions struck through):
Chapter 8.04
PUBLIC TREES, SHRUBS, HEDGES, AND PLANTS
Sections:
8.04.005 Purpose.
8.04.010 Definitions.
8.04.015 Authority of city.
8.04.020 Permit required for certain work.
8.04.030 Application for permit.
8.04.040 Issuance of permit.
8.04.050 Public nuisances.
8.04.070 Enforcement.
8.04.080 Interference with enforcement.
8.04.090 Adoption of regulations.
8.04.005 Purpose.
The purpose of this chapter is to protect and promote trees, shrubs, hedges, and plants
located on public property within the city. In establishing these procedures and standards, the
city recognizes that trees, shrubs, hedges, and plants are an essential part of the city's
infrastructure, with benefits that include promoting the health, safety, welfare, and quality of
life of the residents of the city; addressing climate change by sequestering carbon and providing
a cooling effect; reducing air, water, and noise pollution; preventing soil erosion and
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 2 Packet Pg. 350 of 389
*NOT YET APPROVED* Attachment A
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stormwater runoff; providing wildlife habitat; and enhancing the aesthetic environment. It is
the city's intent to encourage the preservation of trees, shrubs, hedges, and plants.
8.04.010 Definitions.
For the purposes of this title, the following words shall have the meaning ascribed to them in
this section:
(a) "Person" means individuals, firms, associations and corporations, and agents, employees
or representatives thereof.
(b) "City" means the city of Palo Alto acting by and through its authorized representatives.
(c) "Street" means and includes all land lying between the boundaries of property abutting
on all public streets, boulevards, alleys, and walks.
(d) "Parks" means and includes all parks to which names have been given by action of the
city council.
(e) "Public places" means and includes all grounds, other than streets or parks, owned by,
leased to, or under the control of the city of Palo Alto.
(f) "Tree" means and includes any woody perennial plant generally having a single main stem
and commonly achieving ten feet in height.
(g) "Shrub" means and includes any woody perennial plant generally having multiple stems
and commonly less than ten feet in height.
(h) "Hedge" means and includes any tree, shrub, or plant, when planted in a dense,
continuous line or area, as to form a thicket or barrier.
(i) "Plant" means and includes all vegetation other than trees and shrubs.
(j) "Public trees, shrubs, hedges, and plants" means and includes any tree, shrub, hedge, or
plant in any street, park, or public place in the city of Palo Alto.
(k) "Urban forester" means public works department staff including the urban forester or
their designee.
(l) "Tree permit" means a permit issued by the urban forester for one or more of the
following purposes:
(1) To permit removal of a public tree.
(2) To permit public tree care, work, or treatment.
(3) To permit removal of a protected tree under 8.10.050.
(4) To establish a tree preservation bond.
(5) For payment of "in-lieu" fees for required mitigation measures.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 3 Packet Pg. 351 of 389
*NOT YET APPROVED* Attachment A
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8.04.015 Authority of city.
The city of Palo Alto shall have control of all public trees, shrubs, hedges, and plants now or
hereafter in any street, park or public place within the city limits, and shall have the authority to
plant, care for, remove, replace, and maintain such trees, shrubs, hedges, and plants.
8.04.020 Permit required for certain work.
Unless authorized by a tree permit or other city approval, no person shall do any of the
following:
(a) Plant, prune, trim, shape, remove, top, or in any way damage, destroy, injure or mutilate
a public tree, shrub, hedge, or plant. A tree permit is not required for a property owner,
resident, or their agent to maintain shrubs, hedges, or plants located within the city right-of-
way associated with their property.
(b) Fasten a sign, wire, or injurious material to any public tree, shrub, hedge, or plant.
(c) Excavate any ditch or tunnel; or place concrete or other pavement within a distance of
ten feet of the center of the trunk of any public tree.
8.04.030 Application for permit.
Any person desiring to do any of the work described in Section 8.04.020 may apply for a tree
permit so to do. The applicant shall state the nature of the work and the location where it will
be done.
8.04.040 Issuance of permit.
A tree permit shall be issued authorizing work that meets all the following conditions:
(a) Will not create, continue, or aggravate any hazardous condition, or public nuisance.
(b) Will not prevent or interfere with the growth, location or planting of any approved public
tree.
(c) Is consistent with the planting plan being followed by the city.
8.04.050 Public nuisances*.
Any of the following are, for the purposes hereof, defined to be public nuisances:
(a) Any dead, diseased, infested, or dying tree, shrub, hedge, or plant in any street or on any
public or private property so near to any public tree, shrub, hedge, or plant as to constitute a
danger to a public tree, shrub, hedge, or plant, or street, or portion thereof or public property.
(b) Any tree, shrub, hedge, or plant on any private property or in any street, of a type or
species that will destroy, impair, or otherwise interfere with any street improvement, sidewalk,
curb, approved public tree, gutter, sewer, other public improvement, including utility mains and
services, or a public tree, shrub, hedge, or plant.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 4 Packet Pg. 352 of 389
*NOT YET APPROVED* Attachment A
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(c) Any tree limb, shrub, hedge, or plant reaching a height more than three feet above the
curb grade adjacent thereto, except a tree trunk having no limbs lower than nine feet above
curb grade, within the thirty-five foot triangle of public or private property, measured from the
projected curb lines, at the intersections of any street improved for vehicular traffic where
either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are
determined by the chief transportation official to contain a tree limb, shrub, hedge, or plant
that obscures or impairs the view of a passing motorist, cyclist or pedestrian so as to create a
safety hazard.
(d) Vines or climbing plants growing into or over any public tree, shrub, hedge, or plant; or
any public hydrant, pole or electrolier.
(e) Existence of any tree within the city limits that is infested or infected with objectionable
insects, scale, fungus, or growths that are included in the California Department of Food and
Agriculture’s detection and eradication programs or that are growth injurious to trees.
(f) The existence of any branches or foliage which interfere with visibility on, free use of,
access to, or obstruct public vehicular or pedestrian travel on any portion of any street
improved for vehicular or pedestrian travel.
(g) Hedges or dense, thorny shrubs and plants on any street or part thereof.
(h) Shrubs and plants more than two feet in height in any tree well or planting strip between
the sidewalk and curb, measured above top of curb grade.
(i) Any tree, shrub, hedge, or plant declared a public nuisance pursuant to state law and
ordered removed by a court of competent jurisdiction.
* Abatement procedure - See Chapter 9.56 of this code.
8.04.070 Enforcement.
(a) Violation of any provision of this chapter is a misdemeanor, punishable as provided in this
code. Each day of violation constitutes a separate offense and may be separately punished.
(b) Persons employed in the following designated employee positions are authorized to
exercise the authority provided in California Penal Code Section 836.5 and are authorized to
issue citations for violations of this chapter, including but not limited to leveling fines under the
city's administrative penalty authority: assistant director of public works public services
division, urban forester, project manager in the urban forestry section, landscape architect, and
code enforcement officer.
(c) Any person who damages a public tree, through any act or omission, whenever such act
or omission is prohibited by or not authorized pursuant to this chapter, may be liable civilly in a
sum not to exceed ten thousand dollars per tree, or the reproduction cost of each such tree,
whichever amount is higher.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 5 Packet Pg. 353 of 389
*NOT YET APPROVED* Attachment A
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(d) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel
the cessation of such violation.
(e) Costs. In any civil action brought pursuant to this chapter in which the city prevails, the
court shall award to the city all costs of investigation and preparation for trial, the costs of trial,
reasonable expenses including overhead and administrative costs incurred in prosecuting the
action, and reasonable attorney fees.
(f) The remedies and penalties provided in this section are cumulative and not exclusive.
8.04.080 Interference with enforcement.
No person shall interfere with or delay the authorized representatives of the city from the
execution and enforcement of this chapter, except as provided by law.
8.04.090 Adoption of regulations.
The city may adopt regulations prescribing standards of landscaping and planting of streets,
parks and public places, therein. A copy of such regulations shall be available for public
inspection upon request, and all work performed in streets, parks or public places shall be
performed in accordance therewith.
SECTION 2. Chapter 8.10 (Tree and Landscape Preservation Management) of Title 8
(Trees and Vegetation) of the Palo Alto Municipal Code is hereby amended to read as follows
(additions underlined and deletions struck through):
Chapter 8.10
TREE AND LANDSCAPE PRESERVATION AND MANAGEMENT*
Sections:
8.10.010 Purpose.
8.10.020 Definitions.
8.10.030 Tree and Landscape Technical Manual.
8.10.040 Disclosure of information regarding existing trees.
8.10.050 Removal of protected trees.
8.10.055 Tree replacement.
8.10.060 No limitation of authority under Titles 16 and 18.
8.10.070 Care of protected trees.
8.10.080 Development conditions.
8.10.090 Designation of heritage trees.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 6 Packet Pg. 354 of 389
*NOT YET APPROVED* Attachment A
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8.10.092 Tree removal in wildland- urban interface area.
8.10.095 Tree removal in Hospital District Zone.
8.10.100 Enforcement.
8.10.110 Remedies for violation.
8.10.120 Fees.
8.10.130 Severability.
8.10.140 Applications, notice, and appeals.
8.10.010 Purpose.
The purpose of this chapter is to protect specified trees located on private property within the
city, and establish standards for removal, maintenance, and planting of trees and landscaping.
In establishing these procedures and standards, the city recognizes that trees and landscaping
are an essential part of the city's infrastructure. Their benefits include promoting the health,
safety, welfare, and quality of life of the residents of the city; addressing climate change by
sequestering carbon and providing a cooling effect; reducing air, water, and noise pollution;
preventing soil erosion and stormwater runoff; providing wildlife habitat; and enhancing the
aesthetic environment. It is the city's intent to encourage both the preservation of trees and
the proactive incorporation of trees and their benefits within development.
8.10.020 Definitions.
For the purposes of this chapter, terms defined in Chapter 8.04 shall have the same meanings
in this chapter, and the following terms shall have the meaning ascribed to them in this section:
(a) "Basal flare" means that portion of a tree where there is a rapid increase in diameter at
the confluence of the root crowntrunk and trunkrootcrown.
(b) "Buildable area" means that area of a parcel:
(1) Upon which, under applicable zoning regulations, a structure may be built without a
variance, design enhancement exception, or home improvement exception; or
(2) Necessary for construction of primary access to structures located on or to be
constructed on the parcel, where there exists no feasible means of access which would avoid
protected trees. On single-family residential parcels, the portion of the parcel deemed to be the
buildable area for primary access shall not exceed ten feet in width.
(c) "Building footprint" means the two-dimensional configuration of a building's perimeter
boundaries as measured on a horizontal plane at ground level.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 7 Packet Pg. 355 of 389
*NOT YET APPROVED* Attachment A
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(d) "Designated arborist" means an arborist certified by the International Society of
Arboriculture or another nationally recognized tree research, care, and preservation
organization, selected by the urban forester for inclusion in a list of approved arborists to be:
hired by:
(1) Hired by anAn applicant at their own expense, or
(2) Chosen by theThe city at an applicant's expense, if a project includes a public hearing.
(e) "Development" means any work upon any property in the city which requires a
subdivision, planned community zone, variance, use permit, building permit, demolition permit,
or other city approval or which involves excavation, landscaping or construction within the tree
protection zonedripline area of a protected tree or is subject to requirements of the California
Model Water Efficient Landscape Ordinance (MWELO).
(f) "Director of planning and development services" means the director of planning and
development services or their designee.
(g) "Director of public works" means the director of public works or their designee.
(h) "Discretionary development approval" means planned community zone, subdivision, use
permit, variance, home improvement exception, design enhancement exception, architectural
review board approval, or any proposal or application that requires the discretion of the
authorizing person or entity.
(i) "Dripline area" means the area defined by the projection to the ground of the outer edge
of the canopy or a circle with a radius ten times the diameter of the trunk as measured four and
one-half feet (fifty-four inches) above natural grade, whichever is greater.
(j) "Excessive pruning" of a protected tree means any of the following:
(1) Removal of more than twenty-five percentone-fourth of the functioning leaf, stem, or
root area of a tree in any twenty-four-month period.
(2) Removal of more than fifteen percent of the functioning root area of any Quercus (oak)
species in any thirty-six-month period.
(3) Any removal of the functioning leaf, stem, or root area of a tree so as to cause a
significant decline in health, increased risk of failure, or the unbalancing of a tree.
(jk) "Hazardous" means an imminent hazard which constitutes a high or extreme threat to
the safety of persons or property as defined by American National Standards Institute A300,
Part 9.
(kl) "Protected" tree means any of the following:
(1) Any locally native tree of the species Acer macrophyllum (Bigleaf Maple), Calocedrus
decurrens (California Incense Cedar), Quercus agrifolia (Coast Live Oak), Quercus douglasii (Blue
Oak), Quercus kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which is eleven
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 8 Packet Pg. 356 of 389
*NOT YET APPROVED* Attachment A
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and one-half inches in diameter (thirty-six inches in circumference) or more when measured
four and one-half feet (fifty-four inches) above natural grade.
(2) Any Coast Redwood tree (species Sequoia sempervirens) that is eighteen inches in
diameter (fifty-seven inches in circumference) or more when measured four and one-half feet
(fifty-four inches) above natural grade.
(3) Any tree, other larger than a Coast Redwood Tree, fifteen inches in diameter (forty-seven
inches in circumference) or more when measured four and one-half feet (fifty-four inches)
above natural grade of any species except those invasive species described as weeds in Section
8.08.010 and those species classified as high water users by the Water Use Classificationwater
use classification of Landscape Speciesthe landscape species list (WUCOLS) approved by the
California Department of Water Resources.
(4) Any tree designated for protection during review and approval (with the exception of a
current or previously completed development project. On parcels zoned other than single-
family (R-1) or low density (RE, R-2, or RMD) residential, species exempted under subsection (3)
of this Section may be designated as a protected tree.Coast Redwood).
(4) Any tree designated for protection during review and approval of a development project.
(5) Any tree designated for carbon sequestration and storage and/or environmental
mitigation purposes as identified in an agreement between the property owner and a
responsible government agency or recorded as a deed restriction.
(6) Any heritage tree designated by the city council in accordance with the provisions of this
chapter.
(7) Any replacement mitigation tree or other tree designated to be planted due to the
conditions listed in Section 8.10.055.
(lm) "Protected tree removal permit" means a permit issued to allow a person to remove a
protected tree.
(m) “Right tree in the right place principles” means the set of principles that determine if a
tree is located in an appropriate location for its specific species requirements and
characteristics, in accordance with the factors listed in the Tree and Landscape Technical
Manual.
(n) "Remove" or "removal" means:
(1) Complete removal, such as cutting to the ground or extraction, of a tree; or
(2) Taking any action foreseeably leading to the death of a tree or permanent damage to its
health; including but not limited to excessive pruning, cutting, topping, girdling, poisoning,
overwatering, underwatering, unauthorized relocation or transportation of a tree, or trenching,
excavating, altering the grade, or paving within the tree protection zonedripline area of a tree.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 9 Packet Pg. 357 of 389
*NOT YET APPROVED* Attachment A
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(o) “Retrenchment” means the process in which trees may reconfigure as they age and
deteriorate, often continuing to grow in trunk diameter while branches die and fail.
(p) "Tree Protection Zone" means the area defined by a circle with a radius ten times the
diameter of the trunk when measured four and one-half feet (fifty-four inches) above natural
grade.
(q) "Tree Reportreport" means a report prepared by a designated arborist.
(rp) "Tree and Landscape Technical Manual" means the regulations issued by the city
manager to implement this chapter.
8.10.030 Tree and Landscape Technical Manual.
The city manager, through the urban forestry section, and public works and planning and
development services departments, shall issue regulations necessary for implementation and
enforcement of this chapter, which shall be known as the Tree and Landscape Technical
Manual. In the event of a conflict between the provisions of this Title 8 and the Tree and
Landscape Technical Manual, this Title 8 shall prevail. The Tree and Landscape Technical
Manual will be made readily available to the public and shall include, but need not be limited
to, standards and specifications regarding the following:
(a) Protection of trees during construction.
(b) Replacement of trees allowed to be removed pursuant to this chapter where such
replacements:
(1) Prioritize the use of locally native species, as listed in Section 8.10.020(l)(1), consistent
with Urban Forest Master Plan Goal 2: "Re-generated native woodland and riparian landscapes
as the key ecological basis of the urban forest with focus on native species and habitat;"
(2) Include climate adaptive, drought tolerant, non-native species as needed to satisfy right
tree in the right place principles; and
(3) Incorporate a secondary goal of net tree canopy increase on the property within fifteen
years.
(c) Maintenance of protected trees (including but not limited to pruning, irrigation, and
protection from disease).
(d) The format and content of tree reports required to be submitted to the city pursuant to
this chapter.
(e) The criteria for determining whether a tree is hazardous within the meaning of this
chapter.
(f) Landscape design, irrigation, and installation standards consistent with the city's water
efficient landscape regulations.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 10 Packet Pg. 358 of 389
*NOT YET APPROVED* Attachment A
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8.10.040 Disclosure of information regarding existing trees.
(a) Any application for development or demolition shall be accompanied by a statement by a
designated arborist which discloses whether any protected trees exist on the property which is
the subject of the application, and describing each such tree, its species, size, tree protection
zonedripline area, and location. This requirement shall be met by including the information on
plans submitted in connection with the application.
(1) Notwithstanding subsection (a), applications involving only the development of an
Accessory Dwelling Unit that conforms to Section 18.09.030, Table 1, require only a
statement disclosing whether any protected trees are located on the property which is the
subject of the application. This statement may be completed by the applicant.
(b) In addition, the location and species of anyall other tree which is four inches in diameter
(e.g., thirteen inches in circumference) or more when measured four and one-half feet (fifty-
four inches) above natural grade shall be shown on the plans if the tree is:
(1) On the property or trees on the property and in the adjacent public right-of-way, and is
which are within thirty feet of the building footprint proposed for development, or
(2) Locatedand trees located on adjacent property within thirty feet of the proposed building
footprint, or
(1)(3) Close enough that its canopy overhangswith canopies overhanging the project site, shall
be shown on the plans, identified by species.
(c) The director of public works or urban forester may require submittal of such other
information as is necessary to further the purposes of this chapter including but not limited to
photographs.
(d) Disclosure of information regarding private protected trees pursuant to this section shall
not be required when the development for which the approval or permit is sought does not
involve any change in an existing building footprint nor any grading, trenching, paving, or any
change in landscaping which could alter water availability to established plants, hedges, shrubs,
or trees.
(e) The urban forester or the designated arborist for a project shall add identified protected
trees into the city's tree inventory database, and in coordination with the planning and
development services departments, into city parcel reports.
(f) Knowingly or negligently providing false or misleading information in response to this
disclosure requirement shall constitute a violation of this chapter.
8.10.050 Removal of protected trees.
It shall be a violation of this chapter for anyone to remove or cause to be removed a
protected tree, except pursuant to a protected tree removal permit issued under Section
8.10.140 consistent with the following:
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 11 Packet Pg. 359 of 389
*NOT YET APPROVED* Attachment A
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(a) In the absence of proposed development:
(1) A protected tree shall not be removed unless the urban forester grants a protected tree
removal permit, or on parcels zoned other than single-family (R-1) or low density residential
(RE, R-2, or RMD), the director of planning and development services authorizes the removal
through staff level architectural review pursuant to Section 18.76.020(b)(3), having determined,
on the basis of a tree report prepared by a designated arborist and other relevant information,
that treatments or corrective practices are not feasible, and that the tree should be removed
because any of the following apply:
(i) It is dead, is hazardous, or constitutes a public nuisance under Section 8.04.050 of this
code.
(ii) It is a detriment to or is crowding an adjacent protected tree. , or is impacting the
foundation or eaves of a residence or any covered parking required under Title 18.
(iii) It is at risk for retrenchment or other tree decline coping processes or does not conform
with right tree in the right place principles.
(iv) It is impacting the foundation or eaves of a residence, or any covered parking required
under Title 18 of this code.
(2) In the event a protected tree is removed pursuant to a protected tree removal permit
granted under this subsection (a), a temporary moratorium on development of the subject
property may be issued by the urban forester for up to twenty-four months or by, the director
of planning and development services, in consultation with the urban forester, for up tomay
issue a temporary moratorium on development of the subject property not to exceed thirty-six
months, from the date the tree removal occurred. Completion of requiredFor any moratorium
less than thirty-six months, the urban forester shall determine appropriate mitigation measures
included infor the tree removal permit does not remove or shorten any such moratorium. A
moratorium may be terminated early with approval of the urban forester or director of
planning, and development services, as applicable, and may require additional mitigationensure
measures. are incorporated into any future development approvals for the property. Mitigation
measures included in the protected tree removal permit and any additional mitigation
measures required to shorten a moratoriumas determined by the urban forester shall be
imposed as a condition of any subsequent permits for development on the subject property.
(b) In the case of any development on a single-family (R-1) or low density (RE, R-2, or RMD)
residential zoned parcel, other than in connection with a subdivision, a protected tree shall not
be removed unless determined by the urban forester, on the basis of a tree report prepared by
a designated arborist and other relevant information, that any of the following apply:
(1) The tree is so close to the proposed development that construction would result in the
death of the tree, and there is no financially feasible design alternative that would permit
preservation of the tree, where financially feasible means an alternative that preserves the tree
unless retaining the tree would increase project cost by more than twice the reproduction cost
of the tree or ten percent of the given project valuation, whichever is greater.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 12 Packet Pg. 360 of 389
*NOT YET APPROVED* Attachment A
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(2) Retention of one or more trees would result in reduction of the otherwise-permissible
buildable area of the lot by more than twenty-five percent, and there is no financially
feasible design alternative that would allow for preservation of the tree(s). For the
purposes of this subsection (a)(2), a financially feasible design alternative means a design
alternative that preserves the tree(s) and would not increase the project cost by more
than twice the reproduction cost of the tree(s) or ten percent of the given project
valuation, whichever is greater. All tree protection zones impacting buildable area are
included in the reduction of buildable area calculation.
(1)(3) The tree could be removed due to the conditions listed in Section 8.10.050(a)(1)(i), (ii) or
(iii) (2) The tree could be removed due to the conditions listed in Section 8.10.050(a)(1)
and treatments or corrective practices are not feasible.
(2)(4) The tree is proposed for removal to accommodate an ADU constructed pursuant to
Section 18.09.030, or because removal is necessary to allow an ADU constructed pursuant
to Section 18.09.040 to achieve the minimum standards set forth in state law.
(c) In the case of development involving a proposed subdivision of land into two or more
parcels, a protected tree shall not be removed unless determined by the urban forester, on the
basis of a tree report prepared by a designated arborist and other relevant information, that
either of the following apply:
(1) Removal is unavoidable due to restricted access to the property or deemed necessary to
repair a geologic hazard (landslide, repairs, etc.), in which case only the protected tree or trees
necessary to allow access to the property or repair the geologic hazard may be removed.
(2) The tree could be removed due to the conditions listed in subsection (a)(1)(i), (ii), or (iii)
and treatments or corrective practices are not feasible.
(d) In the case of development requiring planning approval under Title 18, and not included
under subsections (b) or (c), a protected tree shall not be removed unless determined by the
urban forester, on the basis of a tree report prepared by a designated arborist and other
relevant information, that anyeither of the following apply:
(1) Retention of one or more treesthe tree would result in reduction of the otherwise-
permissible buildable area of the lot by more than twenty-five percent, and there is no
financially feasible design alternative that would permit preservation of the tree(s),, where
financially feasible means an alternative that preserves the tree(s) unless retaining the tree(s)
would increase project cost by more than twice the reproduction cost of the tree or ten percent
of the given project valuation, whichever is greater. All tree protection zones impacting
buildable area are included in the reduction of buildable area calculation.
(2) The tree should be removed because it is dead, hazardous, or constitutes a public
nuisance under Section 8.04.050. In such cases, the tree protection zonedripline area of the
removed tree, or an equivalent area on the site, shall be preserved for mitigation purposes
from development of any structure.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 13 Packet Pg. 361 of 389
*NOT YET APPROVED* Attachment A
13 0010_20240212_mv30
(3) Discretionary development review determines that the final project follows right tree in
the right place principles and would result in a net tree canopy increase on the property
within fifteen years, and replacement of trees, shrubs, and plants either:
(i) Is consistent with Urban Forest Master Plan Goal 2: "Re-generated native woodland
and riparian landscapes as the key ecological basis of the urban forest with focus on
native species and habitat," or
(ii) Uses climate adaptive, drought tolerant species.
(e) In any circumstance other than those described in subsections (a), (b), (c), or (d), a
protected tree shall not be removed unless determined by the urban forester, on the basis of a
tree report prepared by a designated arborist and other relevant information, that the tree is
dead, is hazardous, or constitutes a public nuisance under Section 8.04.050.
8.10.055 Tree replacement.
(a) In the event a protected tree is removed pursuant to Section 8.10.050(a)(1)(i), mitigation
for the removed tree, replacement tree ratio, in lieu fees, or a combination thereof shall be
determined by the urban forester, based on factors including but not limited to the species,
size, location, and specific reason for removal of the protected tree, in accordance with the
standards and specifications in the Tree and Landscape Technical Manual.
(b) In the event a protected tree is removed pursuant to Section 8.10.050(a)(1)(ii), (iii) or (iv),
(b), (c), (d), or (e), the tree removed shall be replaced in accordance with the standards and
specifications in the Tree and Landscape Technical Manual, including but not limited to
prioritization of locally native species, satisfaction of right tree in the right place principles, and
incorporation of a secondary goal of net tree canopy increase on the property within fifteen
years. The urban forester shall approve the number, species, size, and location of replacement
trees.
8.10.060 No limitation of authority under Titles 16 and 18.
Nothing in this chapter limits or modifies the existing authority of the city under Title 18 to
require trees, shrubs, hedges, and other plants not covered by this chapter to be identified,
retained, protected, and/or planted as conditions of the approval of development. In the event
of conflict between provisions of this chapter and conditions of any permit or other approval
granted pursuant to Title 16 or Title 18, the more protective requirements shall prevail.
8.10.070 Care of protected trees.
(a) All owners of property containing protected trees shall follow the maintenance standards
in the Tree and Landscape Technical Manual, including avoiding any action foreseeably leading
to the death of a tree or permanent damage to its health; including but not limited to excessive
pruning, cutting, topping, girdling, poisoning, overwatering, underwatering, unauthorized
relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving
within the tree protection zonedripline area of a tree.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 14 Packet Pg. 362 of 389
*NOT YET APPROVED* Attachment A
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(b) At least seven days prior to pruning a protected tree, other than that required to remove
a dead, diseased, or broken branch or branches, the property owner or their designee shall
prominently post a notice on the property, in one or more locations readily visible to the public,
that includes standards for pruning and a description of the tree including tree species, size,
location, the date of work, and a contact phone number. The form for such notice will be
available on the city's website as a printable document. Protected trees less than five years old
are exempt from this provision.
(c) Any requests to exceed the limits for pruning set forth in Section 8.10.020(i) shall be
submitted to the urban forester by the property owner or their designee at least fourteen days
prior to pruning a protected tree. Each request shall be accompanied by a statement explaining
why exceedance of the limits is warranted. No pruning that exceeds the limits set forth in
Section 8.10.020(i) shall take place without the approval of the urban forester.
(cd) The standards for protection of trees during construction contained in the Tree and
Landscape Technical Manual shall be followed during any development on property containing
trees.
(de) The urban forester shall add identified protected trees into the city's tree inventory
database and, in coordination with the planning and development services departments, into
city parcel reports.
8.10.080 Development conditions.
(a) Development approvals for property containing protected public trees shall include
appropriate conditions as set forth in the Tree and Landscape Technical Manual, providing for
the protection of such trees during construction and for maintenance of such trees thereafter.
Trees may be designated for protection that are significant visually or historically, provide
screening, or are healthy and important to the nearby ecosystem.
(b) It shall be a violation of this chapter for any property owner or agent of the owner to fail
to comply with any development approval or building permit condition concerning
preservation, protection, and maintenance of any tree, including but not limited to protected
trees.
8.10.090 Designation of heritage trees.
(a) Upon nomination by any person and with the written consent of the property owner(s),
the city council may designate a tree or trees as a heritage tree.
(b) A tree may be designated as a heritage tree upon a finding that it is of importance to the
community due to any of the following factors:
(1) It is an outstanding specimen of a desirable species.
(2) It is one of the largest or oldest trees in Palo Alto.
(3) It possesses distinctive form, size, age, location, and/or historical significance.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 15 Packet Pg. 363 of 389
*NOT YET APPROVED* Attachment A
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(c) After council approval of a heritage tree designation, the city clerk shall notify the
property owner(s) in writing. A listing of trees so designated, including the specific locations
thereof, shall be kept by the departments of public works.
(d) Once designated, a heritage tree shall be considered protected and subject to the
provisions of this chapter unless removed from the list of heritage trees by action of the city
council. The city council may remove a tree from the list upon its own motion or upon written
request by the property owner. Request for such action must originate in the same manner as
nomination for heritage tree designation.
8.10.092 Tree removal in wildland-urban interface area.
Tree removal and relocation in the wildland-urban interface (WUI) area, as defined in Section
15.04.190, shall be subject to the provisions in Chapter 15.04. To the extent Chapter 15.04 is
inconsistent with this chapter, Chapter 15.04 shall control.
8.10.095 Tree removal in Hospital District Zone.
Tree removal and relocation in the Hospital District (HD) shall be subject to the provisions in
Section 18.36.070. To the extent Section 18.36.070 is inconsistent with this chapter, Section
18.36.070 shall control.
8.10.100 Enforcement.
(a) Violation of this chapter is a misdemeanor, punishable as provided in this code. Each day
of violation constitutes a separate offense and may be separately punished.
(b) Persons employed in the following designated employee positions are authorized to
exercise the authority provided in California Penal Code Section 836.5 and are authorized to
issue citations for violations of this chapter, including but not limited to leveling fines under the
city's administrative penalty authority: assistant director of public works public services
division, urban forester, project manager in the urban forestry section, landscape architect, and
code enforcement officer.
8.10.110 Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law, the
following remedies shall be available to the city for violation of this chapter:
(a) Stop Work - Temporary Moratorium.
(1) If a violation occurs in the absence of proposed development pursuant to Section
8.10.050(a)(1), or while an application for a building permit or discretionary development
approval for the lot upon which the tree is located is pending, the director of planning and
development services in consultation with the urban forester shall issue a temporary
moratorium on development of the subject property, not to exceed five years from the date
the violation occurred. The purpose of the moratorium is to provide the city an opportunity to
study and determine appropriate mitigation measures for the tree removal, and to ensure
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 16 Packet Pg. 364 of 389
*NOT YET APPROVED* Attachment A
16 0010_20240212_mv30
measures are incorporated into any future development approvals for the property. Mitigation
measures as determined by the urban forester shall be imposed as a condition of any
subsequent permits for development on the subject property.
(2) If a violation occurs during development pursuant to Section 8.10.050(b), (c), (d), or (e),
the city shall issue a stop work order suspending and prohibiting further activity on the
property pursuant to the grading, demolition, and/or building permit(s) (including construction,
inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with
and approved by the director of planning and development services in consultation with the
urban forester, agreed to in writing by the property owner(s), and either implemented or
guaranteed by the posting of adequate security. The mitigation plan shall include measures for
protection or repair of any remaining trees on the property, and shall provide for replacement
of each tree removed on the property or at locations approved by the urban forester. The
replacement ratio shall be in accordance with the standards set forth in the Tree and Landscape
Technical Manual, and shall be at least twice the prescribed ratio required where tree removal
is permitted pursuant to the provisions of this chapter.
(b) Civil penalties.
(1) As part of a civil action brought by the city, a court may assess against any person who
commits, allows, or maintains a violation of any provision of this chapter a civil penalty in the
following amount:
(i) Ten thousand dollars per tree, or twice the reproduction cost of each tree, whichever
amount is higher, for the complete removal of a tree, as defined in Section 8.10.020(n)(1).
(ii) Ten thousand dollars per tree, or the reproduction cost of each tree, whichever amount is
higher, for any of the actions set forth in Section 8.10.020(n)(2).
(iii) Ten thousand dollars per tree, or twice the repair cost of each tree, whichever amount is
higher, for damage to a tree protected or regulated by this chapter which can be rehabilitated.
(2) Penalties shall be payable to the city.
(3) Reproduction or repair cost for the purposes of this chapter shall be determined utilizing
the most recent edition of the Guide for Plant Appraisal, published by the Council of Tree and
Landscape Appraisers.
(c) Administrative penalties. Persons listed in Section 8.10.100(b) may issue citations for
violations of this chapter that level fines under the city's administrative penalty authority.
(d) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel
the cessation of such violation.
(e) Costs. In any civil action brought pursuant to this chapter in which the city prevails, the
court shall award to the city all costs of investigation and preparation for trial, the costs of trial,
reasonable expenses including overhead and administrative costs incurred in prosecuting the
action, and reasonable attorney fees.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 17 Packet Pg. 365 of 389
*NOT YET APPROVED* Attachment A
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(f) The remedies and penalties provided in this section are cumulative and not exclusive.
8.10.120 Fees.
Tree reports required to be submitted to the city for review and evaluation pursuant to this
chapter shall be accompanied by the fee prescribed therefor in the municipal fee schedule.
8.10.130 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is
held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other
provision of this chapter which can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are declared to be severable.
8.10.140 Applications, notice, and appeals.
(a) Applications.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050 shall be filed
in accordance with this section and any applicable provisions of Chapter 18.77. Applications for
removal of protected trees on non-residential zoned properties will follow review guidelines set
forth in Section 8.10.050(d) and Section 18.76.020 and will follow the process set forth in
Section 18.77.070.
(2) The application form shall be prescribed by the urban forester and shall contain a list of
information that must be submitted in order for the application to be deemed complete.
(3) Each application must be signed by all owners of the real property containing the
protected tree, or an agent of the owner of record of the real property on which the protected
tree occurs, when duly authorized by the owner in writing.
(4) No application shall be deemed received until all fees for the application as set forth in
the municipal fees schedule have been paid, and all documents specified as part of the
application in this chapter or on the application form have been filed.
(5) Protected tree removal permits shall automatically expire after twelve months, unless
otherwise provided in the permit, from the date of issuance of the permit if within such twelve-
month period, the proposed tree has not been removed.
(b) Notice.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050 shall give
notice in accordance with this section, the Tree and Landscape Technical Manual, and any
applicable provisions of Chapter 18.77.
(2) After submittal of an application to remove a protected tree, notice shall be given
consistent with subsection (b)(4) and shall include the date of the proposed removal and the
basis for the application.
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 18 Packet Pg. 366 of 389
*NOT YET APPROVED* Attachment A
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(3) Upon determination of a protected tree removal application, notice shall be given
consistent with subsection (b)(4) and shall include a description of the decision and how to
appeal it.
(4) Notices required pursuant to this section shall include the address of the property, a
description of the protected tree, including species, size, and location, and urban forestry
contact information, and shall be given as follows:
(i) In writing to all owners and residents of property within 300 feet of the exterior boundary
of the property containing the protected tree, and to all principal urban forestry partner
organizations.
(ii) By posting on the property, in one or more locations visible to the public.
(iii) By posting on the city's website.
(c) Appeals.
(1) Any person applying to remove a protected tree in the absence of proposed development
pursuant to Section 8.10.050(a), and any owner or resident of property within 600 feet of the
exterior boundary of the property containing the protected tree, may request a public hearing
by the director of public works to review the urban forester's decision, and may appeal the
director of public works' determination to the city council. Any such request or appeal shall be
filed with the public works department in a manner prescribed by the urban forester.
(2) Any person applying to remove a protected tree pursuant to Section 8.10.050(b), (c), (d),
or (e), and any owner or resident of property within 600 feet of the exterior boundary of the
property containing the protected tree may request a hearing by appeal the director of
planning and development services to review the decision. The request for a hearing shall be
filed with the planning division in in a manner prescribed by the director of planning and
development services. An appeal of the director of planning and development services
determination shall be conducted in accordance with the procedures set forth in Chapter 18.78.
(3) All appeals must be filed within fourteen days of posting of notice on the property
pursuant to subsection (b)(4)(ii).
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this ordinance is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment. Alternatively, the ordinance is also exempt
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 19 Packet Pg. 367 of 389
*NOT YET APPROVED* Attachment A
19 0010_20240212_mv30
under CEQA Guidelines Section 15308 because it involves regulatory action for the protection of
the environment.
SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its
adoption. However, this ordinance shall not apply to any projects that have submitted a complete
application as of the ordinance’s effective date. In addition, until such time as a list of designated
arborists is established by the Urban Forester, the term “designated arborist” shall mean any
arborist certified by the International Society of Arboriculture or another nationally recognized
tree research, care, and preservation organization.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Public Works
Item 12
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 8.04 Street Trees
Shrubs and Plants and
Chapter 8.10 Tree
Preservation
Item 12: Staff Report Pg. 20 Packet Pg. 368 of 389
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: March 18, 2024
Report #:2312-2321
TITLE
Discussion and Direction Regarding the City Council Procedures and Protocols Handbook -
Annual Discussion as Recommended by the Policy & Services Committee
RECOMMENDATION
The Policy and Services Committee recommends that the City Council discuss potential
substantive edits, changes, and revisions to the City Council Procedures and Protocols
Handbook (CPP or Handbook). These suggestions were discussed at Committee in November
2023 and the Committee forwarded them all to the full City Council for review and discussion.
After City Council discussion and direction regarding the items of interest, staff can return with
complete text for review at a future meeting submitted directly to the full City Council or
through the Policy and Services Committee, if so assigned.
BACKGROUND
The Municipal Code provides that the City Council shall adopt “a handbook of procedural rules
governing any aspect of the conduct of meetings and hearings for the Council and its standing
committees, including but not limited to, agenda requirements, the order of business, rules of
order, rules of evidence, closed session procedures and rules for public participation in
meetings” (PAMC section 2.04.100). The City Council adopted the first version of the City
Council Procedures and Protocols Handbook in the early 2000s and have made modifications
over the years.
The Handbook calls on the City Council to review its procedural rules and protocols annually
(CPP, Procedures Section 8.1). This is typically done at the City Council’s January/February
retreat (or soon thereafter depending on agenda availability). The Handbook has been
amended numerous times over a 20-year period with updates to particular sections, but the
Handbook had grown hard to follow. As a result, the whole document was revised, reorganized,
and reformatted in early 2023. This was a significant effort, led by the City Council, to improve
Handbook readability and ease of use for City Council Members, Staff and the public. Final
Item 13
Item 13 Staff Report
Item 13: Staff Report Pg. 1 Packet Pg. 369 of 389
action on this most recent version of the Handbook was on April 24, 20231; the Handbook is
online at: https://www.cityofpaloalto.org/Departments/City-Clerk/City-Council (scroll to the
bottom of the page).
2. Staff will provide an updated version of the Handbook as a supplemental report
to this report and will also upload it to the aforementioned link.
Attachment A) for this
annual discussion at its November 14, 2023 meeting3 and provided some initial thoughts on the
topics. The Committee did not prioritize the items but rather did an initial review. The minutes
summarizing the Committee discussion are included as Attachment B to this report.
ANALYSIS
Municipal Code 2.04.100 - Handbook of procedural rules The Council shall adopt by
resolution a handbook of procedural rules governing any aspect of the conduct of
meetings and hearings for the council and its standing committees, including but not
limited to agenda requirements, the order of business, rules of order, rules of evidence,
closed session procedures and rules for public participation in meetings. The handbook
of procedural rules shall be deemed guidelines and failure to comply with any procedural
rule shall not be the basis for challenge to or invalidation of any action of the council, nor
shall they be construed to create any independent remedy or right of action of any kind.
1 City Council April 24, 2023 Agenda Item 6:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=12660
2 City Council February 26 Agenda Item 15:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13357
City Council February 5 Agenda Item 13:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13345
3 November 14, 2023 Policy and Services Committee Item 3:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=12180
Item 13
Item 13 Staff Report
Item 13: Staff Report Pg. 2 Packet Pg. 370 of 389
suggestions from City Council and staff are all included in Attachment A. These suggestions are
included for City Council consideration and discussion. Staff requests City Council review of the
list of suggested Handbook changes.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
Attachment A reflect feedback from Staff and the City Council. Staff
received Handbook feedback from the City Council prior to the November Policy and Services
Committee discussion.
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
Item 13
Item 13 Staff Report
Item 13: Staff Report Pg. 3 Packet Pg. 371 of 389
Attachment A – Page 1 of 2
Attachment A – Suggested Handbook Changes for 2024 Handbook Revisions
Changes are as of late 2023
Note: Staff has not yet determined the exact sections to which these suggested changes will
apply if the City Council chooses to include them as changes. In an effort to keep the revised
Handbook organized, Staff requests the ability to draft the exact language and evaluate the
best placement within the Handbook document as an administrative task and to bring the
suggested final language to City Council for the items that the City Council chooses to advance
from the list below.
Suggestions from Council Members (as of November 2023):
- Kou: no proposed changes
- Stone: no proposed changes
- Tanaka: no proposed changes
- Veenker:
o Revisit discussion on remote participation for public comment (audio and video)
o Procedures Page 14 (Sec. 3) Order of the Agenda: Consider adding a land
acknowledgement at the start of meetings
- Lauing:
o Procedures Page 30 (Sec. 5.1(b)1 says “The Council limits the total time up to 30
minutes per meeting for General Public Comment.” We sometimes don’t abide
by that. Should we abide by it strictly or have an exception clause (such as “at
the Mayor’s/Presiding Officer’s discretion the 30-minute limit can be
extended”)?
o Consider eliminating call-in public comment.
- Lythcott-Haims:
o Procedures page 30, Sec 5.1(a)(1) Mentions that the public can access the
meeting online. Given recent events, I feel we should discuss whether to
discontinue online public comment for items not on the agenda.
o Procedures page 34, Sec 7(b) says there is a 2-3-year time limit on City Council
priorities. This limitation was of concern to many of us last year. Feels like we
should discuss.
o Procedures page 34, Sec 7(b) also says Council will provide (only) 2-3 specific
objectives within a priority whereas this year we had many more. We should
discuss whether we are going to hold to this expectation in coming years or
whether we need to amend the handbook.
- Burt:
o We don’t have anything under the Consent Calendar on how long the members
of the public get to speak if speaking on multiple Consent items. I recommend
limiting it to 3 minutes total and it can be reduced according to other procedures
on public speaker time reductions.
Item 13
Attachment A - City
Council and Staff
Proposed Changes to
Council Handbook, as of
Nov. 2023
Item 13: Staff Report Pg. 4 Packet Pg. 372 of 389
Attachment A – Page 2 of 2
o When Council members vote no on a Consent item and get to speak about their
no vote, we do not have a time limit set for them. I recommend it be limited to 3
minutes total, no matter how many items a Council member has voted no on.
o Council members’ use of public-funded events for their own political purposes:
need to clarify rules on this per FPPC.
o Protocols Page 37, Sec. 1.4(b)1: Council members should address each other
with formal titles. We should update this section to address that Committee
meetings can be less formal.
o Procedures Page 6, Sec. 1.2(d): Under CAO Committee, there is nothing about an
annual responsibility to schedule CAO performance evaluations. Language
should be added to address this scheduling responsibility for this committee.
Also should add that the CAO committee can review the contract on who will do
the CAO reviews as well as review and recommendation to Council related to
CAO recruitments.
o Agenda setting for Committee Business: the CPP does not spell out how
Committee agenda setting is done. It should say that Committee agenda setting
is done between the staff and the Committee chair based on the Council
referrals and annually assigned items. Can also include that agenda setting will
include items within the Council guided delegated topics of the Committee.
o New recommendation: That a Committee would be able to make
recommendations to the City Council for a Committee to be able to
discuss/explore a specific topic instead of always using a Colleagues’ Memo to
Council to get a topic delegated to the Committee.
Note from Staff: For the Committee’s consideration when looking at the suggestions related to
remote / call-in participation, it should be noted that the City Council may revise its procedures
by ending (either indefinitely or temporarily) the call-in option for public comment. Doing so,
however, would foreclose the ability of City Council Members to use streamlined noticing
procedures under AB 2449 where there is just cause or emergency circumstances. To use
streamlined remote attendance procedures under AB 2449, the agenda must provide an
opportunity for all public comment via a call-in option, an internet-based option, and an in-
person option. (Government Code section 54953 (f)(1)(C)).
Proposed Changes for City Council Handbook from Staff (as of November 2023):
A. Establish a protocol related to the gifts the City can receive from international partners
such as Sister Cities. The intention is to set a maximum amount of a gift that a City
representative can receive on behalf of the City. This would also include a note that City
officials cannot accept hotel accommodations from an international partner.
B. Establish as a procedure, additional guidance for proclamations, specifically identifying
guidelines on if and why proclamations can be brought forward.
C. Note: The suggestion related to additional ad hoc committee guidelines has been
removed for the March 2024 City Council discussion
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Proposed Changes to
Council Handbook, as of
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POLICY AND SERVICES COMMITTEE
SUMMARY MINUTES
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Regular Meeting
November 14, 2023
The Policy and Services Committee of the City of Palo Alto met on this date in the Council
Chambers and by virtual teleconference at 7:00 P.M.
Present: Tanaka (Chair), Lauing, Veenker
Absent:
Call to Order
Vinh Nguyen called roll and noted three were present.
Chair Tanaka called the meeting to order.
Public Comment
There were no requests to speak.
Agenda Items
1. Recommendation to the City Council to Adopt an Urgency Ordinance and an Interim
Ordinance That Allows the Director of Planning and Development Services to Extend
Planning Entitlements up to an Additional 18 Months Until the City’s Housing Element is
Certified by the State Department of Housing and Community Development.
Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines
15061(b)(3).
Planning & Development Services Director Jonathan Lait announced that this was a request to
bridge the gap between some planning entitlements that would lapse in December and one in
January. Approving the ordinances would allow for an 18-month extension of the planning
entitlements. He commented that the homebuilding environment had remained volatile, so
some projects had not moved to the building permit phase. It was anticipated to be a short-
term measure. They were not requesting a change in the code. There were two ordinances for
the Committee’s consideration, which were essentially the same – one an urgency ordinance,
which would take place immediately and be valid for 45 days, and the second was essentially
the same but would require a first and a second reading. It would not be effective by the time
of the lapsing of the planning entitlements and was why they were requesting both ordinances.
If there was support by the Committee, staff planned to include it on the Consent Calendar for
the City Council meeting in December.
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Public Comments
Megan Watson with Grubb Properties, which owned 788 San Antonio, thanked the Committee
for the prompt response to the entitlement extension request. Their entitlement was to expire
January 6, 2024. They supported the goals of both ordinances but requested the HEU process
be struck from Section 2 of both ordinances, and she detailed the reason for the request. Theu
asked that it be modified and the authority be sunset on December 31, 2024. They had
submitted an email detailing the technical language.
Council Member Veenker asked if staff had a response to the public comment. She asked if
there could be language added to indicate there could be an extension for good cause shown.
Director Lait expressed this was not intended to be a long-term ordinance, and he thought
connecting it to the Housing Element reflected the City relying on these sites for housing
opportunities. The projects identified in the Staff Report would receive an 18-month extension.
He was unsure about other applications between certification and the end of 2024 and what it
would mean for those projects if certification should happen sooner. He hoped folks were
mindful of their entitlement expiration dates and coming in for extensions. There would be no
[inaudible] if the Committee felt extending it through 2024 was appropriate. He thought it
would be fine to add language indicating there could be an extension for good cause shown.
Council Member Lauing did not see any downside to this. He queried if this would be precedent
setting beyond the scope of the ordinance.
MOTION: Council Member Veenker moved, seconded by Council Member Lauing to
recommend the City Council forward a recommendation to the City Council to adopt the two
attached ordinances (Attachment A & B), with the amendment that the language
“and for good cause shown” be added in section 2 of the proposed ordinances after “his/her
discretion” and that the sunset date would b e December 2024 and not the HCD approval of the
Housing Element.
MOTION PASSED: 3-0
2. Staff Recommends the Policy and Services Committee Recommend the City Council
Accept the Status Update of the Audit of the Building and Permit Review Report
Planning and Development Services Director Jonathan Lait introduced Senior Operations
Manager Sarah McRee, who was involved in the permitting operation from system
improvements and making changes to that and had been working on refinements to address
the audit being reported on at this meeting. He also introduced Chief Building Official George
Hoyt.
Senior Operations Manager Sarah McRee mentioned that she would provide a status update on
the 17 recommendations from the Building and Permit Review Audit. She declared that she
would be discussing the background, three key areas of improvement, next steps, and the
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recommendation. She outlined the 3 objectives that had been presented in June 2022, which
resulted in 17 actionable recommendations for implementation. She furnished a slide listing the
17 recommendation statuses. For the purpose of the update, staff had grouped the
recommendations into three key areas for the discussion – a staffing model, technology and
customer accessibility of information, and process training and operations. She noted that nine
recommendations had been completed, seven were in progress, and one had not been started.
She presented a slide related to the staffing model and noted that the initial six
recommendations were rooted in the staffing model for building inspection and plan review
services. She detailed what the recommendations required. She spoke of building inspection
and its services. Throughout the pandemic, there had been a shift in the labor market, which
she elaborated on. She presented a chart showing vacancies, and she stated that wait times
had increased due to lacking staff. Historically consultants had been hired to augment services,
but they had not been able to secure consultants during that time. Planning and Development
Services (PDS) had met with eight of the City’s on-call firms and learned that there had been a
shortage of building inspectors. The City had instituted a training program, so there was a
pipeline for potential staff, which had reduced wait times and improved service delivery. She
noted that the last three building inspector hires had been part of the consultant trainees. The
City was previously in a hybrid model and there needed to be transition to in-house staffing, so
two FTE inspectors had been added in the last year, and a new classification of a senior building
inspector had been created and positions reclassed to allow flexibility in recruitment strategy as
well as for retention. Temporary, part-time staff had been dedicated administratively to help
support and expedite recruitments. All these activities resulted in inspections within 48 hours
of a request. The plan review function was supported by many departments. There were three
main areas within PDS. She provided a graph showing the vacancies in all the programs, which
impacted review times. Focusing on the building plan reviews, the program was previously
100% contracted out to consultants, and they had experienced same challenges. The program
needed to be transitioned to a hybrid model, and they added 2.0 in-house plan check
engineers, created a new classification for a senior plan check engineer, and reclassed all
positions. The percentage of on-time reviews had increased due to hiring one in-house staff.
Staff expected continued improvement as the second vacancy was filled. Through the structural
changes made, six listed recommendations were complete. They were positioned to monitor
and make adjustments as needed. The second key area of improvement had been grouped as
technology and customer accessibility of information. There were five recommendations to
address how information and guidance was provided to customers through the technology
platforms. Over the last year, substantial improvements had been made. They continued to
evaluate the technology used. This year they had completed a Request for Proposal (RFP) for
the electronic document review system. She detailed the changes that had been made to the
website. The submittal checklists and requirements had also been reduced. A user navigation
guide had been created and published for Accela Citizen Access (ACA). They continued to look
for opportunities to streamline the application process, and that had been done in the
SolarAPP+ and instant permits. Heat pump water heaters had been added as part of qualifying
instant permits, and permits could be obtained on the website. She noted that 450 instant
permits had been issued July through November of 2023 and only 551 had been issued in
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totality last year. They hoped to add more permits in the next six months. All the changes had
streamlined efforts for applicants. User access had been improved for the website and the ACA
where possible. Although many recommendations had been addressed, PDS identified four of
the five recommendations as in progress because technology would continue to be updated,
and they hoped to bring those forward in the next iterations. They would continue to develop
fillable forms in the online permit system, and they were exploring third-party wizards and
applications to improve that system. They wanted to expand instant permits to include heat
pump mechanical residential replacements and residential bath and kitchen remodels.
Chair Tanaka thought this would help increase efficacy. He voiced that a big source of building
permit process complaints was the lack of knowledge transfer from planner to planner. He
added that the private industry used a CRM system to solve the problem. He requested Senior
Operations Manager McRee speak about the lack of knowledge transfer.
Senior Operations Manager McRee replied that a CRM system was not being considered
currently. She thought it would tie into the next area of developing standard operating
procedures. Accela was limited in the functionalities, so it was not meant to be a CRM system. A
CRM was something they could explore. She continued to speak of key areas of improvements.
She shared a list of six recommendations, which tied into updating the internal processes,
documenting internal procedures, and training staff , which was to increase quality control and
consistency in the application and permitting process. Over the last year, they looked at the
permitting process from beginning to end from the customer and the staff processing
perspectives. She outlined areas of improvement they had made immediately. She highlighted
that over the summer they had an appointment pilot program, which was to understand if
required appointments would be beneficial. Currently virtual and in-person appointments were
offered, but they were not required. An area the audit focused on was training, and some of
the changes made in building inspection and plan review programs allowed some of the
capacity challenges related to dedicating time for training. Staff now had the ability to train
beyond minimum certifications, and they were bringing in training beyond technical expertise.
A department-wide customer service mandatory training was held last month. She supplied a
summary slide outlining her presentation on process, training, and operations. Work was
ongoing, and they were not done making changes, so once the changes were complete, training
materials needed to be developed and standard operating procedures created. The PDS
strategic plan had not been started, and it would begin upon completion of the majority of the
substantial changes.
Council Member Lauing queried if there were results to report on the pilot. He questioned if
there should be follow-up done to ensure customers understood the process. He asked if direct
outreach could be done, which he thought should be included in the processes. He suggested
spot checking with customers to get their input concerning the process.
Senior Operations Manager McRee did not have the pilot information for this meeting. She
commented that it had been interesting, and she detailed what had been done. The next phase
was a work in progress, but it would focus on certain permit types that might benefit from an
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appointment. Concerning follow-up and direct outreach, staff had been actively monitoring
applications, and they had started proactively reaching out to applicants in certain
circumstances. She noted that the simplified checklist helped. They had customer surveys for
almost every area of the department, and they were trying to print survey cards so they could
provide a survey card to a customer every time they interacted with a customer.
Council Member Veenker asked if staff reached out every time an application was not accepted
and how that had gone. She thought it was a great practice.
Senior Operations Manager McRee indicated they did reach out every time an application was
not accepted.
Chief Building Official George Hoyt expressed that, according to staff, reaching out to applicants
had gone fairly well. It could be very beneficial in providing needed clarification to staff, which
would allow the customer to complete their application. To give it a personal touch, they were
also promoting more phone calls versus email. If there was a communication email disconnect,
customers were invited in for a virtual or in-person meeting.
Chair Tanaka loved how they were doing surveys, and he liked how they were trying to solicit
feedback. He thought their survey results should be published because it could be inspiring for
staff and the public. He spoke of organizations having incentives for filling out surveys. He asked
what was being done to incentivize participation in a short survey to get somewhat continuous
feedback.
Senior Operations Manager McRee answered that the next step of the survey process was to
increase participation by printing very short, simple ranking surveys on cards that would be
distributed at the end of every interaction.
Chair Tanaka thought it might be better to include a survey on every email generated or at the
end of every phone call rather than handing out cards. He suggested having kiosks at the
Development Center. He noted that people were generally impressed with staff, the City, and
what was offered, but he had experienced areas of concern around the Development Center
and Utilities. He discussed customer service being under pressure but not having to be
adversarial, and he felt training was important. He sensed that the majority of staff was doing
an amazing job, but he heard that there were certain staff members at the Development Center
that people would go out of their way to avoid. He inquired if employee evaluations were done
and if staff commented on performance reviews and provided feedback and coaching. In his
experience, people were afraid to livestream especially related to building permits due to fear
of retaliation, and he did not know if retaliation was happening. He asked staff to speak to that
issue. He loved the idea of staff randomly calling people for feedback. He believed the City was
a customer service organization. He shared a story of hearing about a customer service rep
making a snide comment to a customer.
Senior Operations Manager McRee expressed that the surveys were at touchpoints. At the end
of emails, there was usually a survey linked to the employee’s program area.
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Director Lait added that the objective was to send a survey to the contractor to respond to in
real time at the end of every action placed in the system by an inspector. There had been
technology problems when that was executed, so it was challenging using the current system,
and that process had to be aborted. They were trying to work through the technology
challenges. Getting real-time feedback was the goal. There were QR codes at the DC. He was
interested in exploring the kiosk idea. Everything was being done in coordination with the City
Manager’s office related to communication strategies in terms of how to collect survey
information. All surveys could be distilled into a single datapoint of overall customer service
with a point system assigned. He did not think there was currently enough data to post. If it was
posted, he thought it would be artificially higher than the sentiment. Once more data was
collected, they would be happy to publish it online. Regarding customer service sometimes
being adversarial, he did not want anybody who interacted with the department feeling they
were not treated professionally and respectfully. He had spoken to staff about it, and it was a
big part of customer service training recently. He knew there were examples where they had
fallen short. He had recently received feedback, and he met with the individual and the
supervisors, and they discussed what had happened. They were taking training and customer
service very seriously. He was quick to respond to feedback. It was not okay for staff to feel
they have authority beyond advancing the City’s regulations and processes. While making these
changes and having some successes, staff recognized there was a fair amount of baggage that
had to be navigated through. He declared that feedback was gold. If there were problem
individuals who were consistently the source of a problem, he needed to know about it so he
could follow up to ensure corrective action. He voiced that it was hard to hear of the
possibilities of retaliation, but he was not surprised to hear it. He stated that he had been in the
building and planning field for over 25 years, and in his earlier years, he had somewhat
experienced seeing that happen. He did not think that was okay, and he knew George McRee
and the inspection manager did not think it was okay. He remarked that a lot of the staff was
guided by true government public service. To the extent that any staff member should take
action, delay, or cause a bad situation, he wanted to know about it, and it would be addressed
immediately. It was not acceptable. He did not know how to get folks to communicate with him
if they were uncomfortable contacting to a supervisor in the Department. He was quick to
respond to emails sent to pdsdirector@cityofpaloalto.org, which was a great way to reach out
to him, and he could pursue an issue and provide anonymity to the claimant. He was
responsible for ensuring that customer service was the best it could be. He discussed being
understaffed and working conditions being difficult.
Deputy City Manager Chantal Cotton-Gaines added that customer service was pinnacle for their
work. If someone felt uncomfortable reaching out to Director Lait, her office was available, and
they wanted to know if there were any issues especially causing fear. They wanted to be a
conduit related to the Department. If City Council should hear about issues, she requested that
information be shared ASAP because real-time information would help the Department address
any issues. It was also important to validate positive situations where good customer service
had been provided and to give feedback more real time on issues that may have gone a little
awry.
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Senior Operations Manager McRee proceeded with her presentation and commented that they
continued to focus on recruitments. There was a vacancy for an assistant chief building official,
which had been vacant since July 2022. She noted that recruitment had been very challenging
because it was currently a very competitive market. They were developing internal dashboards
for performance tracking, so managers would have visibility into all key areas of the permitting
process. They were considering possible third-party applications that could be layered on top of
the online permitting system, which could possibly make the user interface better or make the
application process easier for customers. She supplied a slide showing the staff
recommendation.
Council Member Lauing queried if shifting to an in-house model from consulting was finding
enough supply chain or if there were still vacancies.
Senior Operations Manager McRee responded there were still vacancies. On the Development
Services side, there were two vacancies for building inspectors. They had an offer out for one,
which they hoped would close soon. There was a plan check engineer vacancy, and they were
at the end of the recruitment process. She explained that they had seen the market shift and
change over the last year. Recently they had been more successful in filling recruitments,
especially with in-house staff, which was a little more reliable. They reached out very frequently
for plan review services, and they were not able to dedicate FTE to the City. Next year, they
would do an RFP for on-call services, and they hoped to expand the bench of consultants and
have more options.
Council Member Lauing asked if they had been rescoping for the critical number two spot.
Director Lait explained that they wanted somebody to take on policy work. With the position
not being filled, they were tackling the ability to look forward to some of the programs and
priority projects the Council had advanced. He recently spoke to a recruiter about the position,
and he was told the job title was wrong, so they have been discussing changing the title. They
had also been considering advancing a midyear request.
Council Member Veenker questioned if the hotline was appropriate for folks worried about
reporting problems. She expressed that she had not received a disproportionate number of
complaints about the Planning Department or of the process. She noted that permits needed to
be issued as quickly and as appropriately as possible. She felt that technology and staffing
would help. She indicated that customer service in this area was perhaps more high profile than
in many of the City’s departments. She was encouraged by the report and the ongoing efforts.
She respected the strategic plan being delayed in favor of addressing customer service, but she
questioned why it would not start for another year. She commended staff on the audit and
embracing the recommendations.
City Attorney Molly Stump clarified that the hotline was focused on fraud, waste, and abuse,
and general customer concerns would not fall within that. Something rising to the intentional
misapplication of the law, etc., would be appropriate.
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Director Lait expressed, related to strategic planning not starting for another year, that 17
recommendations on the audit was a significant amount of work to address, and decent
progress had been made. He first wanted to focus on things that they knew needed to be
addressed. He hoped after implementation of some of the systems and a little runtime that the
effort could be made to define what the City’s role was in government, with customers, and to
each other in the Department. He felt time was needed before engaging in the strategic plan.
He estimated that strategic planning would start in about a year.
Senior Operations Manager McRee added that they were continuing to make progress toward
strategic planning.
Public Comments
There were no requests to speak.
City Auditor Adriane McCoy was pleased to see the work done. She declared that they were
available to assist the Department with the ongoing findings in progress and working toward
the strategic plan. Through their follow-up activities over the next six months, they would be in
conversation with Director Lait and his team members to a complete end.
Chair Tanaka discussed incentives and measuring and reaching scores and thought there should
be incentives for reaching and exceeding scores. He queried if there was a program to
recognized those doing an excellent job, especially in customer service. He suggested there be
public recognition, such as putting the person ’s name on a board, etc., and perhaps monetary
benefits. In terms of customer service, he asked if there were goal metrics to get a percentage
measurement or score by a certain date.
Chief Building Official Hoyt remarked that when he recognized a staff member going above and
beyond, he complimented them on their efforts. He voiced that he needed to make more time
to write personal notes because he thought that would mean a lot. They had a lot of events and
potlucks to try to celebrate certain occasions.
Director Lait did not think there were metrics for goals, but it was not for a lack of
consideration. He discussed the dashboard tracking progress in turning around applications,
etc., and making proactive calls to respond to the customer service piece. He thought additional
information was needed and systems needed to be in place before thinking about publicizing
metrics. He was open to ideas to achieve that. He thought they were trying to approach it from
different angles as opposed to a score on a satisfaction bar.
Chair Tanaka thought it started with a measurement goal, then looking at [inaudible] scores,
and then setting something reasonable and achievable for the organization , and everyone in
the organization should know that a certain score was being targeted. It needed to be
transparent and easy to understand. He asked what was keeping them from using a CRM
system, which would provide coherency in engagement with customers.
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Director Lait thought more consideration needed to be given to a CRM system. He remarked
that sometimes notes were taken when there was interaction with customers through the
Accela process, although it was hard to track that data when on a phone call or when with a
customer. Sometimes information was presented in a different way, so a CRM program would
be beneficial to the City.
MOTION: Council Member Veenker moved, seconded by Council Member Lauing to
recommend the City Council accept the status update of the Audit of the Building and Permit
Review Report.
Chair Tanaka inquired if there was anything that could be recommended to Council that might
be helpful for the budget for a CRM system, a consultant, or a midterm hire, etc.
Director Lait thanked Chair Tanaka for his support. He did not currently have any specific
recommendations, but going through midyear and into next year’s budget, he anticipated that
there may be some adjustments to staffing and some consultant budget enhancement
requests. He had been reaching out to a consultant to understand a little more of the nuance
related to the application intake process, so if he had someone from the outside go through the
process, there may be some opportunities for refinement.
Deputy City Manager Chantal Cotton-Gaines thought a budget request was beyond the current
agenda item with it being a status report. She voiced that it was important to have the
recommendation in the context of the larger budget conversation.
[The Committee took a five-minute break]
MOTION PASSED: 3-0
3. Discussion and Recommendation to the City Council Regarding the City Council Procedures
and Protocols Handbook – Annual Discussion
Deputy City Manager Chantal Cotton-Gaines noted that the item was a cursory review. It was
pre-conversation for the Full Council on the annual review of the handbook. She stated that
they planned to take the referrals that came from Council earlier in the year to the Full City
Council on February 27, and they would report on all the actions taken thus far on the referrals,
which was on censure, international travel, role of liaison for boards and commissions, etc. She
asked that that be separated from this discussion. Each year, the Committee was to review the
handbook and consider any necessary modifications. Staff offered a few items in the Staff
Report, and they had also solicited the Full City Council for suggested updates to the handbook,
and all the suggestions were included in the report. The current item was to organize the topics
within the report and to think about the Full Council discussion on the annual handbook review.
She noted that typically occurred at the City Council’s retreat in the January or February time
frame, but in the last few years, there had usually not been time at the retreat, so it would
happen a meeting or two after the retreat. She had a few categories to summarize the topics
into, and she wanted to get the Committee’s acceptance that those were the categories and
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the approval to put this on the Council agenda around February 2024. She had categorized the
topics in thinking about the order of the agenda.
Chair Tanaka asked that this be presented one at a time.
Public Comments
There were no requests to speak.
Deputy City Manager Cotton-Gaines expressed that the staff recommendations were at the top
of Packet Page 34, which she displayed on a slide, and included boundaries of receiving gifts
from sister cities and other international communities that Palo Alto was in relationship with.
Council Member Veenker asked if this applied to the City and City representatives receiving
gifts.
Assistant City Manager Cotton-Gains clarified that the intention was to be clear and establish a
gift dollar limit that could be received by the City. She provided an example of the City receiving
a gift of a high dollar value, and the gifts Palo Alto might provide not being of the same dollar
value. It could apply to the City or individuals. Individual gifts were already legislated. This was
more related to large gifts from another city to Palo Alto as an organization. It was not designed
to address what may be given, only what may be received.
Council Member Veenker mentioned that if felt odd to her that the City could give a large gift
but not receive one. She was concerned about the inconsistency, and it felt as though Palo Alto
was putting itself on a pedestal.
Assistant City Manager Cotton-Gains indicated that on average the gifts Palo Alto gave were of
lower dollar value than gifts received. Giving away the firetruck was an exception. It could apply
to what may be received as well as what may be given. She noted that currently the decision to
receive a gift was left to an individual, and this procedure would provide more structure.
Chair Tanaka supported Council Member Veenker’s comments. He did not understand why this
was needed because he thought all elected officials had an FPPC limit. He questioned how a
hotel room would be a gift to the City versus an individual.
City Attorney Molly Stump explained that this applied to gifts to the City, not to individuals.
There was a specific FPPC rule on international travel.
Assistant City Manager Cotton-Gains indicated there should be something in place saying hotel
accommodations would not be accepted by international partners.
Discussion ensued related to why this was needed, what was included in FPPC, and the City and
individuals receiving gifts.
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Council Member Veenker suggested that it be viewed as three entities – the City, an elected
Council member subject to FPPC reporting, and staff/neighbor’s abroad/others on behalf the
City. She thought there may be different rules.
Assistant City Manager Cotton-Gains felt that was helpful feedback, and noted that it could be
refined before presenting it to Council.
Chair Tanaka did not think the City should make donations.
Assistant City Manager Cotton-Gains remarked that there were not clear guidelines related to
proclamations. Staff wanted to add clear instructions.
Council Member Veenker thought there should be clear instructions.
Council Member Lauing believed there should be guidelines with broad discretion and not too
restrictive.
Council Member Tanaka asked if this was a problem.
Discussion ensued concerning the volume of proclamations increasing; the Mayor doing a
recent proclamation on her own; when, where, and by whom proclamations should be; and
staff having difficulty providing [inaudible].
Assistant City Manager Cotton-Gains noted that C on Packet Page 34 related to additional
guidelines for ad hoc committees. Staff had provided some draft ad hoc committee guidelines
in the packet. It would be brought forward for Council’s discussion. Ad hoc committees had
been used more in recent history, so staff recommended the handbook provide clear
expectations for them.
Council Member Veenker supported Council discussing and providing clarity for ad hoc
committee guidelines. She felt that the tone of the specifics as written appeared to be
reprimands to Council members. She addressed 2d on Packet Page 34 and noted there should
be an option for compromise. She did not see anything indicating what staff should do to make
it work. She discussed the flexibility of ad hocs. She thought Council member limits should be
set forth, but it felt like negatives as opposed to positives and/or compromise.
Council Member Lauing agreed. He thought it was meant to be defensive of workload and
normal process. He noted that they were not trying to circumvent staff opinion. He provided an
example an ad hoc agreeing on the Director’s approach on an issue, although there could have
been disagreement, which then Council could have made a decision from both perspectives.
Council Member Veenker addressed Item 4 and inquired how a work plan could be created,
adopted, etc., in the tenure of an ad hoc as ad hocs were generally short, temporary
committees.
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Assistant City Manager Cotton-Gains answered that a work plan could be perceived as larger
than it actually was. It was to make clear what assignments the committee would do given the
time they had.
Council Member Lauing thought an ad hoc would have a specific objective, and he was not sure
a work plan would be done. He was comfortable dropping Item 4.
Assistant City Manager Cotton-Gains voiced that it would vary by topic. Some topics were very
clear and others were to explore a topic and present something to Council. In the latter, it
would be helpful to have a definition very early on.
Chair Tanaka liked Council Member Veenker’s comments related to the tone of the item. It
seemed like staff was relaying to Council they could not do X, Y, or Z. He discussed the
importance of Council having the freedom to operate. He suggested that Council have
discussions instead of publicized rules in the handbook. He did not think staff should tell Council
how to operate. He thought items should be removed if items were added. It appeared to him
that some of the items seemed to be micromanagement of Council by staff, which could
provide limits to future Council members. He agreed with the perspectives previously voiced by
Council members. He addressed the size of the handbook and suggested it be compressed.
Council Member Lauing asked if it could be condensed before coming back.
City Attorney Stump was sure it could be condensed, more user friendly, and positive. She
clarified that this was more about the relationship between Council and ad hocs, not between
ad hocs and staff. An ad hoc needed to stay tethered to the purpose and scope given by
Council.
Assistant City Manager Cotton-Gains would explore edits that could be made. She furnished a
slide of the Supplemental Memo, which contained ideas received from City Council.
Council Member Veenker summarized her suggestions related to remote participation. She
detailed why she was less excited about moving away from video participation and thought it
should be reconsidered.
Public Comments
There were no requests to speak.
Chair Tanaka noted that he had had more participation by doing his office hours via Zoom,
which he thought was helpful and useful. He discussed why it should be encouraged.
Discussion ensued related to this meeting providing Council with a specific recommendation,
and the Committee decided to provide feedback to Council without taking a vote. It was noted
that the item may return to PSC.
Item 13
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Council Member Veenker voiced that her second suggestion in the Supplemental Memo related
to the City adopting a formal land acknowledgement, which she supported and wanted to see it
added to the agenda. She provided a definition of land acknowledgement. She noted that it
could be determined when and how often it would be done.
Assistant City Manager Cotton-Gains added that some organizations had chosen to do land
acknowledgements at the start of events and meetings. The idea was to honor and
acknowledge that the land had roots from people prior to [inaudible].
Chair Tanaka liked the idea, but he was concerned that could extend meeting times.
Council Member Lauing discussed his recommendations in the Supplemental Memo related to
a 30-minute limit for public comment and questioned if it should be strictly abided by or if there
should be an exception clause, and he thought call-in public comment should be discussed.
Council Member Veenker thought this should be included in the time management category,
and she believed they were all worth discussing. She believed the rules should be stated
publicly.
Chair Tanaka felt rules should be followed.
Assistant City Manager Cotton-Gains noted that the item contained two ideas – one enforcing
the existing rule and the other suggesting a change to amend the rule.
Chair Tanaka addressed the ideas in the Supplemental Memo from Council members not
present at this meeting, and he suggested they speak to their ideas when they were in
attendance at a future date.
Council Member Veenker commented that she was glad Council Member Lythcott-Haims
brought up her third item in the Supplemental Memo, which would be good to discuss, and she
thought clarity should be provided as she felt there were miscommunications related to it
Council Member Lauing added that Council Member Lythcott-Haims’ first item was also worth
debate.
Council Member Veenker supported discussing Council Member Lythcott-Haims’ first item. She
was interested in Council Member Burt’s recommendation concerning a Committee making
recommendations to Council for a Committee to discuss a specific topic instead of using a
Colleagues’ Memo. She thought the proposed ad hoc rules indicated that was a possibility.
Council Member Lauing did not think Council Member Burt was referring to ad hocs.
Council Member Veenker thought it should be made clear that it related to standing or formal
committees.
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Chair Tanaka suggested the handbook be streamlined to reduce the number of pages, and
asked staff to include that in the item. He thought something should be removed if anything
else was added.
Assistant City Manager Cotton-Gains remarked that there had been a few iterations of the
handbook. The most comprehensive was the one Council did earlier in 2024, which started in
Policy and Services.
Future Meetings and Agendas
Assistant City Manager Chantal Cotton-Gains declared there would be two back-to-back
meetings in December, which included the legislative platform for the coming year, the
auditor’s risk assessment and audit plan, and an audit on wastewater treatment. She noted
there were about four audits. There was also the 2024 City Council priorities discussion and
recommendations and referral, the last referral on procedures and protocols related to Council
discretionary expenditures. There were about seven items that would be split between the two
evenings.
Council Member Veenker explained why she may not be in town for the meetings. She would
confirm her schedule and let Assistant City Manager Cotton-Gains know for certain.
Chair Tanaka requested there be another Doodle poll, if needed, to see if the meetings could be
rescheduled.
Assistant City Manager Cotton-Gains would work with the Clerk’s office to issue a Doodle poll if
needed. She would also check with staff related to the items to determine which actually had to
come before the Committee this year. She flagged that there was an informational item for the
Committee to read on their own related to the Race and Equity update being done t his month.
They continued to move forward Council’s recommendations and the initiatives. They had also
hired an Equity and Inclusion Program Manager.
Chair Tanaka asked the Committee for thoughts about how the next meeting should be
streamed.
Council Member Veenker thanked staff for the Equity and Inclusion Program manager hire.
Adjournment: The meeting was adjourned at 9:38 P.M.
Item 13
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City Council
Staff Report
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: March 18, 2024
Report #:2403-2776
TITLE
Approval of the 2024 City Council Priority Objectives and Finance Committee and Policy &
Services Committee Workplans (Item Continued from March 4, 2024 and March 11, 2024 City
Council Meeting)
On March 4, 2024 the Council Received Presentations and Public Testimony; the item was
continued to March 11, 2024 for Council Deliberation and Action, and continued to March 18,
2024 – No Public Testimony Will be Heard on March 18, 2024.
RECOMMENDATION
This item is a continuation of Agenda Item #8 on the City Council March 4, 2024 agenda and
Item #12 on the City Council March 11, 2024 agenda. Materials for this item can be found here:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13507
This time provides for continued discussion, as needed, of the Council 2024 priority objectives
and Finance & Policy and Service Committee workplans for 2024.
APPROVED BY:
Ed Shikada
Item AA1
Item AA1 Staff Report
Item AA1: Staff Report Pg. 1 Packet Pg. 388 of 389
City Council
Staff Report
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: March 18, 2024
Report #:2403-2779
TITLE
Policy and Services Recommendation to the City Council for the creation of a Citizens Advisory
Committee on a Potential Charter Amendment on Council Member Compensation (Item
Continued from March 11, 2024 City Council Meeting)
RECOMMENDATION
This item is a continuation of Item #13 on the City Council March 11, 2024 agenda. Materials for
this item can be found here:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13513
APPROVED BY:
Ed Shikada
Item AA2
Item AA2 Staff Report
Item AA2: Staff Report Pg. 1 Packet Pg. 389 of 389