HomeMy WebLinkAbout2024-04-22 City Council Agenda PacketCITY COUNCIL
Special Meeting
Monday, April 22, 2024
CITY O F Council Chambers & Hybrid
PALO 5:30 PM
ALTO
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.
April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 - 5:45 PM)
Recognizing Youth Living in Palo Alto or Enrolled at PAUSD Who Have Received The
President's Volunteer Service Award (PVSA) As Certified by Youth Community Service
(YCS) This Academic Year Between July 1, 2023 — Feb 15, 2024.
CLOSED SESSION (5:45 - 6:45 PM)
2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City
Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,
Nick Raisch, Tori
Post, Molly Stump, and Jennifer Fine) Employee Organization: Service Employees
International Union,
(SEIU) Local 521, Utilities Management and Professional Association of Palo Alto
(UMPAPA), Palo Alto Peace
Officers' Association (PAPOA), Palo Alto Police Management Association (PMA),
International Association of
Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs' Association (FCA); Authority:
Government Code Section
54957.6 (a)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:45 - 7:15 PM)
Members of the public may speak to any item NOT on the agenda. 1-3 minutes depending on number of speakers. Council
reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 - 7:20 PM)
Members of the public may not speak to the item(s).
STUDY SESSION (7:20 - 8:20 PM)
3. Race and Equity Update: Assessment Report from Ivy Planning Group on City Workplace
Culture and 2024-2025 (Calendar Years) Equity Action Plan
April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CONSENT CALENDAR (8:20 - 8:25 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
4. Approval of Minutes from April 1, 2024 and April 8, 2024 Meetings
5. CONSENT: 261 Hamilton Ave: Upgrade Historic Inventory from Category 3 to Category 1
6. Adopt a Resolution Authorizing the City Manager or Their Designee to Execute an
Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the
Purchase of up to 60,000 Megawatt -Hours per Year of Biogas Energy Over a Term of up
to 20 Years for a Total Not to Exceed Amount of $147.2 Million; CEQA Status: Not a
Project under CEQA Guidelines Section 15378(a)
7. Approval of Construction Contract Number C24190641A with Valhalla Builders, Inc. in the
Amount of $460,900 and Authorization for the City Manager or Their Designee to
Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that
may Develop During the Project up to a Not -to- Exceed Amount of $46,090 for the
Performing Arts Venues Seat Replacement Project at Lucie Stern Community Theatre,
Capital Improvement Program Project AC -18000; CEQA Status — Exempt Under CEQA
Guidelines Section 15301
8. Approval of Professional Services Contract No. C24190042 With BKF Engineers in a Total
Not -to -Exceed Amount for $283,250 for Land Surveying Services for One Year; CEQA —
Not a Project.
9. Approval of a Five -Year Technical Assistance Agreement with the United States
Geological Survey in an Amount Not -to -Exceed $924,745 for Scientific Monitoring
Services at the Regional Water Quality Control Plant Outfall and Horizontal Levee Pilot
Project Site (WQ-22001); CEQA Status- Categorically Exempt Section 15306
10. QUASI-JUDICIAL. 739 Sutter Avenue [22PLN-00201 and 24PLN-00005]: Appeal of the
Director's Decision to Approve a Streamlined Housing Development Review Application
to Allow Deconstruction of An Existing 8 Unit Residential Rental Development and
Construction of 12 Three -Bedroom Condominium Units. The Project Also Includes a
Request for Approval of a Vesting Tentative Map for a Condominium Subdivision. Zoning
District: RM-20. Environmental Assessment: Exempt from the California Environmental
Quality Act per CEQA Guidelines Section 15332. For more information contact the
Project Planner at HYPERLINK "mailto:Claire.Raybould@Cityofpaloalto.org" \h
Claire.RaybouId@Cityofpaloalto.org.
CITY MANAGER COMMENTS (8:25 - 8:40 PM)
BREAK (5-10 MINUTES)
April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
ACTION ITEMS (Item 11: 8:50 - 9:50 PM, Item 12: 9:50 - 10:35 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
11. Review and provide input on Concept Plans for Quarry Road Transit Connection to the
Palo Alto Transit Center and Adoption of a Resolution of Intention to Undedicate a
portion of El Camino Park; CEQA status - statutorily exempt per Pub. Res. Code §
21080(b)(12).
12. Addition of 16 properties to the City's Historic Resources Inventory based on Owner
interest. CEQA Status: Pursuant to Public Resources Code Section 21065, the Historic
Designation of Properties is not a Project Subject to Environmental Review.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action
during this meeting's agenda.
13. Semiannual Update on the Status of Capital Improvement Program Projects; CEQA
Status — Not a Project
14. Independent Police Auditor's (IPA) Report of Review of Investigations Between July and
December 2023 and Police Department Use of Force Report for July - December 2023
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee April 23, 2024
Public Comment Letters
Schedule of Meetings
April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
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.
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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
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accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
Item 3
Item 3 Staff Report
City Council
Staff Report
From: City Manager
CITY O F Report Type: STUDY SESSION
PALO Lead Department: City Manager
ALTO Meeting Date: April 22, 2024
Report #:2403-2702
TITLE
Race and Equity Update: Assessment Report from Ivy Planning Group on City Workplace Culture
and 2024-2025 (Calendar Years) Equity Action Plan
RECOMMENDATION
Receive a report from Ivy Planning Group as a follow up to City Council direction regarding an
employee assessment that provides information about the City's workplace culture.
BACKGROUND
The City of Palo Alto adopted its Race & Equity mission statement on November 16, 2020 as
part of the City's Race and Equity efforts. On that same evening, the City Council voted on 16
other actions/assignments to advance equity work on a range of topics from use of police data
to a community summit on gender equity issues. Notably, the City Council decided to continue
this work through the Policy and Services Committee on an ongoing basis. Staff has provided
updates to the Committee on all of these assignments over the subsequent years. As of the
most recent update report in March 2024, there are two partial assignments remaining:
- Assignment C: Starting after the full implementation of the Records Management
System (RMS) and the first data collection period, direct Staff to resume annual data
collection and analysis of police contact data similar to the previous Stop Data reports.
- Assignment L: Direct Staff, in coordination with the City's overall diversity and inclusion
efforts, to conduct a workforce demographic assessment as baseline information and to
pursue an employee assessment to measure City workforce culture.
Details on both assignments as well as the other completed assignments are available in the
March 2024 Policy and Services Committee Race and Equity Report.' As part of Assignment L,
staff engaged with Ivy Planning Group to conduct an employee assessment regarding workplace
1 Policy and Services Committee March 2024 Race and Equity Update Report, item #1:
https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=14205
Item 3: Staff Report Pg. 1 Packet Pg. 6 of 410
Item 3
Item 3 Staff Report
culture. This study session presents Ivy's key findings, Ivy's blueprint of actions the City can
pursue, and staff's 2024-2025 (calendar years) Equity Action Plan which includes some of the
recommended actions from the Ivy Assessment as well as other action items reflecting previous
Council direction. The Action Plan is proposed as a list of items staff believes is possible to move
forward with existing resources at this time.
ANALYSIS
Ivy Planning Group is an award -winning, full -service management consulting, and training firm
that leverages difference as a workforce, workplace, and community opportunity for
organizations. Founded in 1990, the Ivy Planning Group has worked with many clients over the
years, and they have a passion for leadership development, change management, and using
diversity, equity, and inclusion solutions to solve real world problems. The City engaged with Ivy
Planning Group for this assignment and to advance the diversity, equity, inclusion, and
belonging work within the City workplace.
Attachment A contains the Summary Report from Ivy Planning Group detailing their
methodology and five key findings. The report also includes their blueprint of possible actions
the City can pursue based on the findings. The five key findings based on the qualitative
research conducted are as follows:
1. The City of Palo Alto has some infrastructure in place that can enable Diversity, Equity,
Inclusion and Belonging (DEIB) success.
2. Employees often feel they are treated poorly by the public and would like more support
to navigate difficult interactions.
3. The City is missing a structured approach to DEIB.
4. Some people processes encourage while others inhibit the advancement of DEIB.
5. The lack of follow-through and history of exclusionary practices has made people
question the City of Palo Alto's dedication to DEIB.
The blueprint that follows the key findings summaries provides a range of possible actions for
the City to pursue that require a range of resources. Based on the resources available at this
time as well as other existing assignments related to race and equity, staff has compiled the
tasks listed in Attachment B, the 2024-2025 (calendar years) Equity Action Plan. These actions
range in topic as well and are organized into three key objective areas that can be continued
year over year even as these initial tasks are completed. Those objective areas are as follows:
A. Cultivating Experiences and Appreciation
B. Fostering an Inclusive Environment
C. Applying an Equity Lens: Strategic Review of the Organization through an Equity Lens
Item 3: Staff Report Pg. 2 Packet Pg. 7 of 410
Item 3
Item 3 Staff Report
Staff will go forward in moving this Action Plan and looks forward to feedback or discussion
from the City Council within this study session and review of the Ivy Planning Group key
findings.
FISCAL/RESOURCE IMPACT
Funding for the work described within this report has been appropriated as part of the FY 2024
Operating Budget and funds are still available in the non -departmental allocation set aside for
race and equity work. Any additional funding in subsequent years would be requested through
the annual budget process and is subject to City Council approval as part of that process.
STAKEHOLDER ENGAGEMENT
Ivy Planning Group has presented this report to City staff through an all -hands meeting in
March 2024. Staff can continue to share feedback on the material to the City's Equity and
Inclusion Program Manager as well.
ENVIRONMENTAL REVIEW
The City's race and equity activities are not a project under section 15378(b)(25) of the
California Environmental Quality Act Guidelines (administrative activities that will not result in
direct or indirect physical changes in the environment).
ATTACHMENTS
Attachment A: Ivy Planning Group Assessment Summary
Attachment B: 2024-2025 Equity Action Plan
APPROVED BY:
Ed Shikada, City Manager
Item 3: Staff Report Pg. 3 Packet Pg. 8 of 410
Item 3
Attachment A - Ivy Planning Group
Assessment Summary
PLANNING GROUP
,1\
CITY OF PALO ALTO
DRAFT - CONFIDENTIAL
Item 3: Staff Report Pg. 4 I Packet Pg. 9 of 410
Assessment Objectives and Next Steps
► Examine and assess the workforce, workplace, and
marketplace performance through a diversity, equity,
inclusion, and belonging (DEIB) lens.
► Identify opportunities for the City of Palo Alto to
achieve a more diverse, equitable, and inclusive
workplace, and to enhance the City's ability to meet
the needs of an increasingly diverse community.
► Inform the DEIB Blueprint to drive accountability and
change the city has committed to.
Item 3
Attachment A - Ivy Planning Group
Assessment Summary
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 5 1 Packet Pg. 10 of 410
Assessment Methods. Qualitative
ii
Document Review
29 Interviews
August 2022; Jan 2023; May -
June 2023
II
Item 3
Attachment A - Ivy Planning Group
Assessment Summary
Understand policies and procedures on paper, as they are designed and intended to work. ivy requested documents related to
recruiting, hiring, onboarding, career planning, promotion, performance management, compensation and rewards, DEIB programs,
procurement, community engagement, marketing, etc.
Conversations with City Council members, leaders, and process owners, to learn about:
• Our organization's values and goals; how DEIB fits in
• Leader experiences in their own careers, leading others, etc.
• How our policies and procedures are working in practice; how this compares to design and intentions
All 7 City Council members were invited to participate in an interview, and Ivy was able to speak with 6.
Groups were defined by demographics, and all were asked the same questions. Participation was voluntary and confidential.
Selection was random within each demographic group (except *), Focus group participation was about 29% of full capacity, which is
lower than Ivy's typical rate of 50% in similar assessments.
Individual contributors:
• Asian men
• Asian women & non -binary
• Black and Other POC men
• Black and Other POC women &
non -binary
• Hispanic/Latino men
• Hispanic/Latino women & non -
binary
• White men
• White women & non -binary
Individual Contributors — Sworn Police:
• Asian & Black men
• Hispanic/Latino men
• Hispanic/Latino women & non -binary
• White men
• White women & non -binary
Individual Contributors — Sworn Fire:
• Asian & Black men
• Hispanic/Latino men
• POC women & non -binary
• White men
People leaders:
• POC men
• POC women & non -binary
• White men
• White women & non -binary
• Sworn Fire
• Sworn Police
Other Groups: *Self -identify and volunteer:
• HR • LGBTQ+ & allies
• Gen X, Baby Boomers • People with disabilities & allies
• Millennials, Gen Z
• • Evaluated on -paper policies through a DEIB lens
• Categorized participant statements by categories using content analysis
• Identified themes and similarities/differences by demographics
• Selected "notable quoteables" to illustrate themes; lightly edited for length and confidentiality
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 6 Packet Pg. 11 of 410 r rn rr�
5 Key Themes
The City of Palo Alto has some
infrastructure in place that can
enable DEIB success.
Employees often feel they are
treated poorly by the public and
would like more support to
navigate difficult interactions.
I—
•
Some people processes
encourage while others inhibit
the advancement of Diversity,
Equity, Inclusion, and
Belonging.
Item 3
Attachment A - Ivy Planning Group
Assessment Summary
The City is missing a structured
approach to DEIB.
The lack of follow-through and
history of exclusionary practices
has made people question the
City of Palo Alto's dedication to
DEIB.
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 7 Packet Pg. 12 of 410 anning Group I p. 4
Item 3
Key Theme #1 LAttachmentA
- Ivy Planning Group
Assessment Summary
The City of Palo Alto has some infrastructure in place that can
enable DEIB success.
Some leaders speak
City Council Members, supervisors, and executive leaders communicate the value diverse
effectively on the value of
perspectives bring to informed decision -making. Some reflected an understanding that cultivating
diverse perspectives and
a diverse, equitable, and inclusive culture is pivotal in attracting and retaining employees.
see their role as advocates.
When asked to describe their role and responsibility for advancing DEIB, many emphasized the
importance of empowering employees and hearing different perspectives.
Many employees conveyed
Several employees discussed how reflecting the demographics of the community and fostering a
the importance of DEIB and
welcoming, inclusive environment enhances the City's ability to serve residents effectively.
want more dialogue and
Employees are eager for the opportunity to talk about uncomfortable topics related to race,
resources.
gender, and other dimensions of diversity and would like more training to advance DEIB in their
departments.
The City has engaged in
From inclusive playgrounds to creating new policies at the Library that enable people to choose
meaningful work in the
their preferred name, the City has made a meaningful effort to demonstrate social responsibility,
community to advance
engage the community, and be philanthropic. There can be a greater return on these investments
DEIB.
if the City decides to be more targeted in its approach.
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 8 1 Packet Pg. 13 of 410
Key Theme #2
Item 3
Attachment A - Ivy Planning Group
Assessment Summary
Employees often feel they are treated poorly by the public and would like
more support to navigate difficult interactions.
Employees not getting the Individuals across all levels of the City say community members often mistreat them. There is
support they need to work a perception that this level of mistreatment is an expectation in their roles and may also be tied
with difficult members of to socioeconomic differences.
the public. Many suggested that higher -level employees do not fully understand the emotional toll and
challenges employees face when dealing with the public and that citizens can often be valued
over staff. There is an opportunity for the City leadership to set better boundaries with the
public on how staff can be treated and prioritize their well-being.
Women and nonbinary individuals, People of Color, People with Disabilities, and those who
identify as LGBTQ+ expressed experiencing more harm from Palo Alto community members.
Police would like more Some members of the Palo Alto Police Department (PAPD) feel their relationship with the
vocal and visible support public is strained due to mistrust from the community and intense scrutiny in the media. Some
from City leadership and officers feel this has impacted their job satisfaction and overall effectiveness and has deterred
the community. qualified applicants from applying.
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 9 1 Packet Pg. 14 of 410
Item 3
Key Theme #3 Attachment A- Ivy Planning Group
Assessment Summary
The City is missing a structured approach to DEIB.
Employees do not have clear Race and Equity efforts were launched by City Council in June of 2020 through actions including a
responsibilities or individual public commitment to confronting systemic racism and bias, adopting a Resolution affirming that Black
performance measures for lives matter and approving a Race & Equity Framework, action plan, and mission statement. Several
DEIB. initiatives and programs were also taken on by various departments and committees throughout the
City, including, but not limited to, the Library, Children's Theater, Palo Alto Junior Museum & Zoo, Art
Center, Palo Alto Police Department, Human Relations Commission, and City Council's Policy and
Services Committee. In October of 2023 the City hired it's first Inclusion and Equity Manager.
Despite the previous work, many leaders (i.e., supervisors and executives) say there are no structures
to hold them accountable for DEIB. Some recommended including DEIB performance metrics. At all
levels of the organization, there is a need to understand individual responsibilities around DEIB.
The City can make a
The City Council's 2023 priorities and the Equity Mission Statement use softer language to refer to
stronger demonstration of
diversity and inclusion (i.e., "welcome many perspectives," putting DEIB efforts under the title
its commitment to DEIB.
"Community Health and Safety").
Employees across the City, especially women and non -binary individuals, feel they are doing DEIB
work without the City Council's or executive leadership's support.
Many City staff are unaware
Many indicated that they had not yet seen the City's Equity Mission statement and were not aware of
of DEIB efforts.
the DEIB efforts happening with the City. There is an opportunity to better communicate what the City
is trying to achieve regarding DEIB.
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 10 Packet Pg. 15 of 410
Item 3
Key Theme #4 Attachment A - Ivy Planning Group
Assessment Summary
Some people e while others inhibit theProcesses encourage
advancement of Diversity, Equity, Inclusion, and Belonging.
With the existing strong
Employees shared that they are attracted to work for the City for various reasons, including
value proposition, there is
environmental leadership, employee benefits, and stated or demonstrated inclusion of different
an opportunity to create
aspects of their identity (gender, race, LGBTQ+).
better strategies for
There is not a formal diversity recruiting strategy or metrics in place to ensure diverse applicant
recruiting through a
pools. Strategies such as career fairs and internships have been sparsely used and often
diversity lens.
unsuccessful. Interview and focus group feedback suggested the City could do a better job
actively recruiting local talent and establishing specific DEIB recruitment strategies.
Talent assessment best
According to process owners, best DEIB practices are used in the interview process, including;
practices are available, yet
diverse interview panels, using a standard set of questions for each candidate, and having
many employees distrust
questions reviewed by the hiring manager and subject matter experts.
the interview process and
Some say that candidate evaluations are unstructured and based mostly on popularity and
believe bias is prevalent.
reputation. Many believe the City should teach how to mitigate bias when conducting and
scoring interviews.
Pathways for
People of Color were most likely to say that the promotion process lacks transparency.
advancement are unclear.
Employees mentioned not knowing how to get a position and what they should focus on for
improvement.
Performance appraisal processes are strong on paper, but many employees shared that
performance reviews are inadequate.
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 11 Packet Pg. 16 of 410
Key Theme #5
The lack of follow-through and
Item 3
Attachment A - Ivy Planning Group
Assessment Summary
history of exclusionary practices has made
people question the City's dedication to DEIB
Past events are causing
Some past harm was not addressed adequately and still influences how the City of Palo Alto
some employees to be
views DEIB work. Some of these incidents include members of the Police suing the City for
distrustful of current DEIB
the Black Lives Matter mural, past micro -aggressions, and culturally significant events not
efforts.
getting the attention many desire. These past events have resulted in a lack of trust that DEIB
efforts are genuine.
Lack of follow through is
Employees across many departments are frustrated that little action has taken place, given
causing frustration.
the number of plans, assessments, and commitments the City has made. There is a
perception that the City of Palo Alto's focus on Diversity, Equity, Inclusion, and Belonging
stems from external pressure rather than from a sincere dedication to DEIB.
Employees with disabilities and allies were vocal in calling for improvement and better follow-
through. People of Color expressed an increased burden to lead DEIB initiatives.
The history of
The Palo Alto community and Federal Housing Administration's history of exclusionary and
exclusionary housing
discriminatory housing practices has impacted who can and can't live in the City of Palo Alto.
practices had a far-
The City is challenged with addressing the exclusion that has occurred and creating new
reaching impact.
affordable housing policies that improve diversity and welcome all.
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 12 Packet Pg. 17 of 410
DRAFT DEIB Blueprint
Item 3
Attachment A - Ivy Planning Group
Assessment Summary
The City of Palo Alto is committed to creating a respectful, fair, and professional workplace
City of Palo Alto and city. We will identify gaps, eliminate inequities, welcome many perspectives, and use a
Equity Mission Statement collaborative approach to create an environment that works for everyone. The City's
commitment to achieve equity in Palo Alto is the shared responsibility of our residents,
organizations, governments, and other institutions.
City of Palo Alto DRAFT
DEIB Goals
DEIB INFRASTRUCTURE WORKFORCE WORKPLACE COMMUNITY
The City of Palo Alto has a formal and The City of Palo Alto has a high- The City of Palo Alto has a safe and The City of Palo Alto will leverage
structured DEIB effort that is well performing, diverse, and inclusive inclusive culture that values DEIB to better serve the City's
communicated and measured workforce at all levels and across all communication, transparency, residents and partner with diverse
consistent with other strategic roles. feedback, and accountability in which community partners and suppliers.
initiatives, every employee is treated fairly and
with dignity and respect.
Item 3: Staff Report Pg. 13 1 Packet Pg. 18 of 410
DEIB INFRASTRUCTURE
GOAL The City of Palo Alto has a forma
initiatives.
Item 3
Attachment A - Ivy Planning Group
essmand structured DEIB effort that is well communicated and mea AssA101 tSummary er strategic
STRATEGY
ACTIONS
1. Formalize DEIB roles,
a. Every department should have 3 DEIB goals, which include the following: Access to development opportunities, employee satisfaction, surveys/assessments
responsibilities, and
measuring employees' sense of belonging and psychological safety, inclusive leadership (Active listening, promoting psychological safety, empathy, inclusion decision -
accountability,
making, conflict resolution, etc.), fostering a culture of belonging (provide resources and support for employees to share their experiences and perspectives).
b. Identify and incorporate DEIB responsibilities into existing functions and create a behavioral framework for DEIA that identifies the necessary behaviors for different
roles.
c. Establish affinity groups (such as Employee Resource Groups (ERGs), committees, or roundtable discussions) that provide inclusion recommendations for serving City
staff and education for their respective groups.
d. Define roles and responsibilities in implementing the DEIB strategy; include City Councill and Human Relations Commission.
e. Continue implementing and updating the recommendations of the Black and Brown History and Current Experience report and any similar reports.
f. Embed DEIB into the current performance review process.
2. Increase
a. Develop a DEIB annual report that reflects progress against DEIB goals, accomplishments, and activities and gives recognition to departments or teams following the
communication on DEIB.
DEIB goals and strategies.
b. Add DEIB updates to existing forms of communication, including the employee newsletter, all -hands and manager -specific meetings, and individual notes from the City
manager.
c. Create an avenue for receiving feedback on DEIB from City Staff at all levels and departments (e.g., DEIB-specific 360 -degree assessment, DEIB office hours, DEIB
hotline, or email address).
d. Require leaders to communicate and report on their DEIB progress against their respective DEIB operational plans (See Action 1a).
e. Explicitly state DEIB as one of the City's core values.
3. Build staff and public
a. Create an education roadmap by level and function to build the capacity of all employees to execute the DEIB strategy, including; requiring all interviewers and panel
DEIB knowledge, skills,
members to participate in training on fair hiring practices, removing bias and hiring through a DEIB lens. Create trainings that are accessible, comprehensive,
and abilities,
interactive, and personal (Potential topics: building cultural competency, pronouns and creating inclusive language, unconscious bias, and allyship).
b. Develop and conduct a series of DEIB educational offerings for the public, such as Diversity Dialogues, to position the City as a leader or partner in building inclusive
DRAFT - CONFIDEN
communities and healing, recovery
AlIItem 3: Staff Report Pg. 14 Packet Pg. 19 of 410 nning GrOUp p.
... WORKFORCE
GOAL The City of Palo Alto has a high -performing, diverse, and inclusive workforce at al
sees...
Item 3
Attachment A - Ivy Planning Group
levels and acr Assessment Summary
STRATEGY
ACTIONS
1. Create and Implement a DEI
a. Incorporate DEIB behavioral expectations into job requirements, interview questions, and evaluation criteria.
Recruiting Strategy.
b. Track demographic data (e.g., race/ethnicity & gender) on the applicant phase (e.g., applicants —* qualified —* referred —* interviewed —*-hired) and
determine where, if any, gaps exist by demographic in the City's recruiting and hiring process to make there is not bias in the hiring process.
c. Provide recruiters with education and resources for recruiting through a diversity lens.
d. Utilize affinity groups (see DEI Infrastructure Strategy 1, Action c) to provide recommendations for recruiting diverse talent.
e. Establish a definition of what it means to have a diverse pool.
f. Recruit interview panel diversity.
2. Ensure human resource
a. Update HR policies, practices, and systems to ensure they are inclusive, use inclusive language, and are fair (e.g., Create opportunities for employees
systems are inclusive and
and the public to identify as non -binary, trans, or genderqueer and to choose their pronouns in employment and City documents; bargain with labor
equitable.
groups to expand the definition of disability to include temporary and invisible disabilities and reinstatement of short-term disability coverage).
b. Review policies for converting part-time roles to full-time to ensure they do not disproportionately and negatively impact underrepresented groups.
Update policy to allow for employees to work with HR in partnership with their supervisors to receive reasonable accommodations.
c. Solicit employee input to identify and implement solutions that address the inclusion needs of specific groups (e.g., gender -neutral bathrooms,
accessibility issues, etc.).
3. Ensure fair and equitable
a. Assess the equity of all talent management processes. Conduct data analysis to determine the equity of talent management systems processes,
systems for hiring and
including hiring, promotion, compensation, and separation.
promoting.
b. Provide appropriate levels of leadership (e.g., department leaders) with access to the demographic data of their division to allow for action planning to
identify and address any inequities by demographic.
c. Further define and communicate employee career paths by function/department; require all employees to have individual development plans to make
sure employees are fairly developed.
d. Develop tools and approaches to increase the likelihood of unbiased and fair selection for hiring, promotions, L&D opportunities, and other key points of
access to opportunity (e.g., select anti -bias ambassadors who are empowered to speak up when they observe unconscious bias impacting decisions).
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 15 Packet Pg. 20 of 410 nning Group I p. 12
GOAL 1 I he City of Palo Alto has a safe and inclusive culture that values communication, transparency, f ity in which
every employee is treated fairly and with dignity and respect
STRATEGY
ACTIONS
1. Update and establish
a.
Review benefits to ensure they do not disproportionately and negatively impact underrepresented groups (e.g., consider expanding transportation benefits to
systems, policies, and
allow more employees to access them).
practices that center the
b.
Highlight and communicate department achievements and success stories across the City quarterly.
employee experience.
c.
Create and communicate an internal policy for when City staff are mistreated by the public. The policy should highlight the importance of employee safety.
d.
Create affordable housing for city staff to live in the City of Palo Alto.
2. Build consistent
a.
Create more consistency in how promotions are decided by documenting and sharing promotion policies, procedures, and criteria for advancement.
performance evaluation.
b.
Provide coaching and development for supervisors and leaders who are underperforming on leading their diverse teams.
c.
Ensure position reclassification policies are consistently communicated, interpreted, and applied.
3. Imbed DEIB into the
a.
Break apart employee survey data by demographic. Require department leaders to include plans to close gaps by the differences identified as part of their
culture of the City.
operational plans.
b.
Establish building more high -quality relationships across difference (age, race, gender) as a leadership expectation.
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 16 Packet Pg. 21 of 410 Inning Group I p. 13
IIGOAL The City of Palo Alto will leverage DEIB to better serve the City's residents and partner with diverse �niiuiiuinLy Paiuieis and suppliersI.
STRATEGY
ACTIONS
1. Increase supplier diversity
a. Establish supplier diversity vision statement and plan and identify how the current disadvantaged business enterprise (DBE) programs support larger
efforts.
supplier diversity efforts.
b. Determine if existing DBE participation goals for U.S. Department of Transportation and Federal Aviation Administration -assisted contracts are being
met and establish a plan to enhance DBE participation where needed.
c. Consider partnering with peer agencies to create a "common app" that allows suppliers to complete paperwork one time that registers them to do
business with all agencies.
d. Simplify the procurement process and identify barriers to entry.
2. Intentional outreach to
a. Understand existing language barriers with the public. Specifically, discover what departments and teams need which specific language translation
diverse communities.
services to better serve the residents of Palo Alto.
b. Create tools and resources on the City of Palo Alto's website for DBE for new, small, and minority -owned businesses looking to offer their services to
residents.
c. Measure the impact of current community engagement efforts and create goals for which specific communities the City wants to better serve.
d. Allow all residents to provide feedback to the City in their language of choice.
e. Create more opportunities for feedback from racially diverse and historically marginalized community members by having a suggestion box at every
office that has visitors from the public (e.g., libraries, police and fire departments, recreation center, etc.). Let people know that their feedback was
received and incorporate feedback into specific outreach initiatives and programs.
f. Create a leadership development program that builds communication between diverse leaders and connects leaders with the top issues facing the
City of Palo Alto.
3. Build stronger relationships
a. Host a series of public events that let residents get to know different departments and employees working for the City.
between City staff and the
b. Create a campaign that highlights and recognizes City Staff to the public of Palo Alto.
public.
c. Have incentives to encourage city staff to volunteer within the City of Palo Alto to develop new skills and create stronger community connections.
d. Create a summer youth employment program that provides opportunities for young people to earn money while gaining meaningful work experience
and building relationships with people who work in the City of Palo Alto.
DRAFT - CONFIDENTIAL Item 3: Staff Report Pg. 17 Packet Pg. 22 of 410 nning Group I p. 14
Item 3
Attachment B - 2024-2025 Equity
Action Plan
2024 and 2025 EQUITY ACTION PLAN (WORKPLAN)
Creating the Infrastructure
This action / work plan is for two calendar years and it will follow these year -over -year broad objective areas to support
ongoing consistency in the City's Diversity, Equity, Inclusion, and Belonging (DEIB) work even beyond the two years:
1. Cultivating Experiences and Appreciation
2. Fostering an Inclusive Environment
3. Applying an Equity Lens: Strategic Review of the Organization through an Equity Lens
Actions within each objective will be organized by values within the City's Positive Work Environment Efforts focused on
People, Purpose & Practice (3Ps):
PEOPLE — How we present ourselves to others: Our people define our culture — how we interact, treat each other with
care and respect. This focus is about how are we helping each other and focusing to bring our best selves every day.
PURPOSE —The work is meaningful: Serving the community is meaningful work, and together we make an impact.
PRACTICE — How we approach the work: Value professionalism and staff expertise. Focus on benefits and other
changes that support the workforce. Importance of budget and fiscal sustainability; investing in the future.'
Note, while some actions will be led directly by the Equity and Inclusion Program Manager, many of the actions within this
workplan will be led by a variety of department stakeholders with support from the Equity and Inclusion Program Manager.
Acronym use definitions:
BCC: Boards, Committees, and Commissions
CEDAW: The Convention on the Elimination of All Forms of Discrimination Against Women
DEIB: Diversity, Equity, Inclusion, and Belonging
HRC: Human Relations Commission
HR: Human Resources Department
3Ps: People, Purpose, and Practice
CITY OF
PALO
ALTO
Item 3: Staff Report Pg. 18 Packet Pg. 23 of 410
Item 3
Attachment B - 2024-2025 Equity
Action Plan
Objective 1: Cultivating Experiences and Appreciation
Cultivating Experiences and Appreciation: People
Actions
Additional Context
1.1
Share information about specific cultural and heritage months and
• Define Diversity, Equity, Inclusion and Belonging in the workplace as baseline
holidays
information
• Share messaging about recognized dates of significance and holidays
Cultivating Experiences and Appreciation: Purpose
Actions
Additional Context
1.2
Review Citywide events through an inclusion and equity lens; identify
---
gaps
Cultivating Experiences and Appreciation: Practice
Actions
Additional Context
1.3
BCC Related: Create a process that includes the HRC for annual
---
calendar setting related to holidays and heritage months
1.4
Annually report progress on DEIB goals, accomplishments, and
---
activities especially giving recognition to departments or teams
advancing DEIB strategies (can be combined with other update
reports)
1.5
Establish resources for difficult interactions between City staff and the
---
public. The resources should highlight the importance of de-escalation
as well as employee safety and support
1.6
Understand existing language barriers with the public. Assess which
---
departments need translation services the most to better serve the
public
1.7
Allow all residents to provide feedback to the City in their language of
---
choice
Note: Where appropriate, 'additional context' is included in the right column to further describe some action items.
Thus the 'additional context' column is not utilized for every action item.
Item 3: Staff Report Pg. 19 1 Packet Pg. 24 of 410
Item 3
Attachment B - 2024-2025 Equity
Action Plan
Objective 2: Fostering an Inclusive Environment
Fostering an Inclusive Environment: People
Actions
Additional Context
2.1
Share DEIB values with New Employees at New Employee Orientation
Include information on DEIB at the New Employee Orientation
in context of workplace culture
2.2
Conduct Quarterly Interactive DEIB Workshop Trainings for All
Topics could include but are not limited to: DEIB foundations, Government business case
Employees
for DEIB (History), Implicit Bias Training, Understanding & Mitigating Microaggressions,
Inclusive Leadership, Understanding Cultural Competency, Allyship, etc.
2.3
Establish a staff DEIB Committee
Form a team responsible for coordinating and sharing status updates on DEIB initiatives
within individual departments; Ensure representation from various levels and
departments in the group.
2.4
Explore options related to affordable housing for City staff to live in
---
the City of Palo Alto
Fostering an Inclusive Environment: Purpose
Actions
Additional Context
2.5
Finalize process for annual City staff demographic data reporting;
---
release the first report online
2.6
Finalize process for annual City Board, Committee, and Commission
This survey has been conducted in 2021 and 2024. This item is to firm up the questions
member demographic data reporting; release the report online
and the process for future annual surveys.
2.7
Break apart employee survey data by demographic(s) and identify any
---
differences; work with department directors to address differences
identified
Fostering an Inclusive Environment: Practice
Actions
Additional Context
2.8
Create more diverse interview panels (tools and policies)
Update the hiring manager toolkit to include information about DEIB (such as ensuring
representation on the panel, increasing cultural competency, and sharing tools to reduce
implicit bias)
2.9
Expand demographic data collection related to candidates
Update the candidate profile pages to include the opportunity for candidates to add their
demographic information; This would be for data analysis purposes
2.10
Expand recruitment efforts to attract diverse talent
Review the recruitment process and offer DEIB best practices; Provide recruiters with
education and resources for recruiting through a diversity lens
2.11
Further define and communicate employee career paths by
---
function/department; encourage all employees to have individual
development plans to make sure employees are fairly developed
Note: Where appropriate, 'additional context' is included in the right column to further describe some action items.
Thus the 'additional context' column is not utilized for every action item.
Item 3: Staff Report Pg. 20 1 Packet Pg. 25 of 410
Item 3
Attachment B - 2024-2025 Equity
Action Plan
Objective 3: Applying an Equity Lens: Strategic Review of the Organization through an Equity Lens
Applying an Equity Lens (Strategic Review of the Organization through an Equity Lens): People
Actions
Additional Context
3.1
Create a space/process for employees to share input and suggest
---
solutions in areas where they see current barriers related to the
inclusion needs of specific groups (e.g., gender -neutral bathrooms,
accessibility, etc.)
3.2
Begin exploration and understanding of pronoun usage for the City of
---
Palo Alto organization
Applying an Equity Lens (Strategic Review of the Organization through an Equity Lens): Purpose
Actions
Additional Context
3.3
Begin to partner with the HRC to work with other commissions to apply
Conduct trainings with HRC to prepare them for this work
an equity lens to their work (will further define with the HRC)
3.4
Finalize CEDAW Ordinance and Present it to the City Council for
---
Adoption
Applying an Equity Lens (Strategic Review of the Organization through an Equity Lens): Practice
Actions
Additional Context
3.5
Develop a best practices protocol for writing policies in alignment with
This could include things like the review of part time roles to full time roles, reasonable
the City's inclusive language standards and equity lens. These best
accommodations process review, exploration of the expansion of the definition of
practices protocols will be incorporated into Policy 1-01 MGR which
disability to include invisible disabilities, etc.
establishes guidelines for any City Department writing or revising
policies. Once developed the HR team in conjunction with City
Departments will plan a five-year review cycle to bring all policies into
alignment with these best practices.
3.6
If identified, then begin to implement solutions that address the
---
inclusion needs of specific groups (e.g., gender -neutral bathrooms,
accessibility, etc.)
3.7
Coordinate with City departments to learn how they are supporting
Share the DEIB goals for the current year on a team, department, and organizational level
citywide DEIB efforts
3.8
Work with an external firm to begin analysis and present analytical
---
summary of the RIPA (Racial Identity Profiling Act) Police data
Note: Where appropriate, 'additional context' is included in the right column to further describe some action items.
Thus the 'additional context' column is not utilized for every action item.
Item 3: Staff Report Pg. 21 1 Packet Pg. 26 of 410
Item 4
Item 4 Staff Report
City Council
Staff Report
Report Type: CONSENT CALENDAR
CITY O F Lead Department: City Clerk
PALO
a LTO
Meeting Date: April 22, 2024
Report #:2404-2871
TITLE
Approval of Minutes from April 1, 2024 and April 8, 2024 Meetings
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: April 1, 2024 Draft Action Minutes
Attachment B: April 8, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
Item 4: Staff Report Pg. 1 Packet Pg. 27 of 410
Item 4
Attachment A- April 1,
2024 Draft Action
CITY COUNCIL Minutes
CITY Or
PALO DRAFT ACTION MINUTES
ALTO
Regular Meeting
April 1, 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:
Special Orders of the Day
1. Presentation from Midpeninsula Regional Open Space District (Midpen) to City Council
2. Review List of Applicants for Board and Commission Openings and Select Candidates to
Interview. CEQA Status - Not a project.
NO ACTION TAKEN
Study Session
3. Study Session: Palo Alto Link One -Year Service Evaluation and Report; CEQA status — not
a project.
NO ACTION
Consent Calendar
Council Member Kou registered a no vote on Agenda Item Number 5.
Council Member Tanaka registered a no vote on Agenda Item Number 5 & 9.
MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott-Haims to approve
Agenda Item Numbers 4-9.
MOTION PASSED ITEMS 4, 6-8: 7-0
Page 1 of 4
Item 4: Staff Report Pg. 2 Packet Pg. 28 of 410
Item 4
Attachment A - April 1,
DRAFT ACTION MI N UT 2024 Draft Action
Minutes
MOTION PASSED ITEM 5: 5-2, Kou, Tanaka no
MOTION PASSED ITEM 9: 6-1, Tanaka no
4. Approval of Minutes from March 11, 2024 Meeting
5. Approval of Contract Amendment Number 1 to Contract Number S24190818 with
Integrated Design 360 in the Amount of $82,200 for a total not to exceed $132,200 and
Extension of the Contract Term through December 30, 2024 for development of a "One
Margin" Reach Code. CEQA Status: Exempt Under CEQA Guidelines Section 15308
6. Approval of Amendments with Professional Account Management LLC, dba Duncan
Solutions for Contracts C17164727 and C19171363A for a Combined Additional Amount
of $60,000 (Total not to exceed of $860,000 and $767,000 respectively) and to Extend the
Contract Terms to December 31, 2024 (total term of eight and five years respectively), for
Parking Permitting and Citation Management Services; CEQA Status — Not a Project.
7. Policy and Services Recommendation Regarding Use of Board and Commissions
Demographic Data
8. SECOND READING: Adopt a Revised Interim Ordinance to Extend the Interim Parklet
Program to July 31, 2024 (from March 31, 2024) and Phase -in Enforcement of the Ongoing
Parklet Program through November 1, 2024; and Extend Parking Lot Eating/Drinking Uses
to December 31, 2024; CEQA Status- Categorically Exempt (Sections 15301 and 15304(e))
(FIRST READING: March 11, 2024 PASSED 7-0)
9. SECOND READING: Adopt an Ordinance Increasing Council Member Salary From
$1,000/Month to $1,600/Month, Effective January 1, 2025, as authorized by State law
(FIRST READING: March 11, 2024 PASSED 6-1, Tanaka no)
Action Items ACTION ITEMS HEARD OUT OF ORDER
10. 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)
MOTION: Council Member Veenker moved, seconded by Mayor Stone to approve the amended
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), and further
amend by moving the language of new subsection 8.10.050(b)(4) into subsection b after "unless"
and follow it with "or it is" to read:
Page 2 of 4
City Council Meeting
Draft Action Minutes: 04/01/2024
Item 4: Staff Report Pg. 3 Packet Pg. 29 of 410
Item 4
Attachment A - April 1,
DRAFT ACTION MI N UT 2024 Draft Action
Minutes
"a protected tree shall not be removed unless 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, or it is 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:"
MOTION PASSED: 7-0
11. Discussion of Caltrans' Repaving Project of El Camino Real, Including Replacing Existing
Parking with Bicycle Lanes, and Potential Approval of a Resolution to Support this Project;
CEQA status — categorically exempt.
MOTION: Council Member Burt moved, seconded by Council Member Kou to:
1. Request Caltrans return with additional safety measures in conjunction with bike lanes
on El Camino for biking on El Camino Real based on the Safe System Approach Design and
applicable Caltrans Design Information Bulletins (DIB) as well as a complete street
network approach, and;
2. Create a Council Ad Hoc Committee to consult with City staff, VTA staff, biking advocate
stakeholders, including Chamber of Commerce, and;
a. Prioritize a plan for safety improvements at intersections and conflict areas, and
outreach to our small business community and neighborhood community to
identify parking alternatives including modifications to our RPP program, Palo Alto
Transportation Management Association and coordinate efforts to accommodate
our RV dwellers on El Camino Real.
MOTION PASSED: 6-1, Tanaka no
SUBSTITUTE MOTION: Council Member Veenker, seconded by Council Member Tanaka to
implement the bike lanes with the repaving effort in accordance with Option B:
• Adopt a phased approach that implements the Caltrans proposed bicycle lanes
now and acknowledges additional analysis is needed to both incorporate a Safe
System Approach to the design and establish bike facilities that take into account
future housing development on El Camino Real.
SUBSTITUTE MOTION FAILED: 3-4, Lauing, Burt, Kou, Stone no
Adjournment: The meeting was adjourned at 11:41 P.M.
Page 3 of 4
City Council Meeting
Draft Action Minutes: 04/01/2024
Item 4: Staff Report Pg. 4 Packet Pg. 30 of 410
Item 4
Attachment A - April 1,
DRAFT ACTION M I N UT 2024 Draft Action
Minutes
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the City's
website.
Item 4: Staff Report Pg. 5
Page 4 of 4
City Council Meeting
Draft Action Minutes: 04/01/2024
Packet Pg. 31 of 410
Item 4
Attachment B - April 8,
2024 Draft Action
CITY COUNCIL
Minutes
CITY OF
PALO DRAFT ACTION MINUTES
ALTO
Regular Meeting
April 8, 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.
Council Member Vicki Veenker virtual teleconference address: 3404 S. Ashwood Dr.
Bloomington, IN 47401
Present In Person: Burt, Kou, Lauing, Tanaka
Present Remotely: Stone, Veenker
Absent: Lythcott-Haims
Closed Session
1. CONFERENCE WITH CITY ATTORNEY -POTENTIAL LITIGATION
Subject: Claims pursuant to Public Contract Code 9204 related to construction of the
Public Safety
Building from general contractor Swinerton Builders, and its subcontractors [including
Pacific Structures, Inc.; CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction
Company; Broadway
Mechanical; Sandis; Northern Services, Inc.; Commercial Controls Corp; Blues Roofing;
and Harrison Drywall]. Authority: Government Code Section 54956.9(d)(2)
2. PUBLIC EMPLOYMENT
Title: City Auditor
Authority: Cal. Gov. Code 54957(b)
MOTION: Council Member Kou moved, seconded by Council Member Burt to go into Closed
Session.
MOTION PASSED: 6-0-1, Lythcott-Haims absent
Council went into Closed Session at 5:40 P.M.
Council returned from Closed Session at 8:39 P.M.
Vice Mayor Lauing announced no reportable action.
Page 1 of 3
Item 4: Staff Report Pg. 6 Packet Pg. 32 of 410
Item 4
Attachment B - April 8,
DRAFT ACTION MI N UT 2024 Draft Action
Minutes
ecial Orders of the Da
3. Interview Candidates for Vacancies on Boards and Commissions. CEQA Status — Not a
project.
NO ACTION TAKEN
Adjournment: The meeting was adjourned at 10:02 P.M.
Page 2 of 3
City Council Meeting
Draft Action Minutes: 04/08/2024
Item 4: Staff Report Pg. 7 Packet Pg. 33 of 410
Item 4
Attachment B - April 8,
DRAFT ACTION M I N UT 2024 Draft Action
Minutes
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the City's
website.
Item 4: Staff Report Pg. 8
Page 3 of 3
City Council Meeting
Draft Action Minutes: 04/08/2024
Packet Pg. 34 of 410
Item 5
Item 5 Staff Report
City Council
Staff Report
From: City Manager
CITY O F Report Type: CONSENT CALENDAR
PALO Lead Department: Planning and Development Services
ALTO Meeting Date: April 22, 2024
Report #:2403-2834
TITLE
CONSENT: 261 Hamilton Ave: Upgrade Historic Inventory from Category 3 to Category 1
RECOMMENDATION
Staff recommends that Council reclassify 261 Hamilton Avenue, the Medico -Dental Building,
which is a contributor to the historic Ramona Street Architectural District, from a Palo Alto
Historic Inventory Category 3 Resource ('Contributing Building') to a Category 1 Resource
('Exceptional Building') as recommended by the Historic Resources Board (HRB).
EXECUTIVE SUMMARY
This report and Record of Land Use Action (Attachment A) provide background and support the
HRB's March 28, 2024 recommendation to upgrade the Medico -Dental Building's Historic
Inventory classification from Category 3 ('Contributing Building') to Category 1 ('Exceptional
Building'). The HRB staff report' includes the consultant's assessment and inventory form.
The Spanish Colonial Revival Style building is located within the Commercial Downtown zone,
and provides ground floor retail spaces (Sweet Greens, Warby Parker, and Scandia) and office
spaces on the upper floors. The United States Post Office originally occupied the ground floor
until 1933, with medical offices on the upper floors. The building, designed by Birge M. Clark
and constructed by builder Wells P. Goodenough in 1928, was listed in 1985 as a contributing
building within a National Register and local historic district, the Ramona Street Architectural
District, and listed individually as a local historic resources inventory Category 3 "Contributing
Building."
BACKGROUND
The building was first evaluated and added to the local historic inventory in May of 1978 as a
Category 3 resource. The inventory form was later updated on March 4, 1985, when the
1 Link to HRB report with consultant assessment and inventory form
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/historic-
resou rces-board/2024/hrb-3.28-261-hamiIton.pdf
Item 5: Staff Report Pg. 1 Packet Pg. 35 of 410
Item 5
Item 5 Staff Report
property was deemed a contributing building to the National Register Ramona Street
Architectural District. In 1998, with the creation of the California Register of Historical
Resources, the building was listed by default in the California Register as a contributor to the
district. In 2000, the building was found eligible for individual listing in the National Register of
Historic Places.
PAMC 16.49
The Palo Alto Municipal Code (PAMC) Chapter 16.49, Historic Preservation, notes Category 1
buildings are of "preeminent national or state importance, meritorious work of the best
architects or an outstanding example of the stylistic development of architecture in the United
States." The building is listed in the National Register as a contributor to the Ramona Street
Architectural District and is currently listed on the Palo Alto Historic Resources Inventory as an
individual Category 3 resource.
PAMC Chapter 16.49 defines a Category 3 contributing building as: "a good local example of
architectural styles and which relate to the character of a neighborhood grouping in scale,
materials, proportion or other factors. A contributing building may have had extensive or
permanent changes made to the original design, such as inappropriate additions, extensive
removal of architectural details, or wooden facades resurfaced in asbestos or stucco."
PAMC Chapter 16.49 defines a Category 2 major building as: "any building or group of buildings
of major regional importance, meritorious works of the best architects or an outstanding
example of an architectural style or the stylistic development of architecture in the state or
region. A major building may have some exterior modifications, but the original character is
retained."
PAMC Chapter 16.49 defines a Category 1 exceptional building "any building or group of
buildings of preeminent national or state importance, meritorious work of the best architects or
an outstanding example of the stylistic development of architecture in the United States. An
exceptional building has had either no exterior modifications or such minor ones that the
overall appearance of the building is in its original character."
Assessment of 2015 Rehabilitation Project
The property owner completed a rehabilitation project in 2015, which included seismic -related
improvements, and restored many of the original features based on historic drawings and
documentation. The City's consultant report evaluated the work done in 2015, and states that
the ground -floor storefront systems have been "largely restored to their original condition and
have received compatible new storefront systems, wood doors, tilework, wood spindles,
awnings, and awning boxes." The report notes all seven aspects of integrity remain and
supports a local inventory classification upgrade to a Category 2 resource, a "Major Building" of
regional importance.
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The consultant report concludes that the subject building is a meritorious work of an important
regional architect of merit, Birge M. Clark, and is an excellent example of commercial design in
the Spanish Colonial Revival style that is both individually significant and contributes to the
Ramona Street Architectural District.
Upgrade Request
In December 2023, the property owner expressed interest in having the restoration work that
was done several years ago evaluated to document compliance with the Secretary of the
Interiors Standards in consideration of a request to upgrade the resource status to a local
inventory Category 2 historic resource. Staff received funds from the owner to have the City's
historic consultant prepare a historic resource evaluation (HRE), completed February 2024.
The attached record of land use action is provided with some additional background
information. The City's consultant's February 2024 report recommended a category upgrade to
a local historic inventory listing of Category 2, as a "Major Building" of regional importance.
HRB Recommendation
On March 28, 2024, the HRB reviewed the historic resources evaluation and staff report2 and
received presentations. The HRB reviewed the owner's request to elevate the building's local
inventory historic category from 3 to 2, as supported by the City's consultant report, which also
noted the building appears eligible for individual listing on the National Register of Historic
Places as a separate property, where it is currently listed as a contributor to the historic district.
The HRB determined the building is an exceptional building eligible for local inventory category
1, as an 'Exceptional Building'. The HRB felt the architecture of the building is an excellent
example of the Spanish Colonial Revival style and rises to the level of state-wide significance
(Criterion 6). The HRB report included the original Historic Inventory form as well as the recent
Historic Resource Evaluation. The HRB recommended the class upgrade to Category 1 with no
requirement for rehabilitation, given the recent seismic and historic rehabilitation performed in
2015.
ANALYSIS
Ramona Street Architectural District
The building and construction of the Ramona Street Architectural District was carried out by
designer Pedro de Lemos, a prominent regional designer, and Birge Clark and William H. Weeks,
well-known local architects. The district was central in the 1920s and 30s expansion of Palo
Alto's downtown commercial district and its location addressed concerns that the town center
2 Link to March 28, 2024 staff report: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/agendas-minutes/historic-resources-board/2024/hrb-3.28-261-hamilton.pdf which includes HRE and
original inventory form
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was growing too laterally along University Avenue. The Ramona Street Architectural District
contains eight National Register District contributing buildings.
The Medico Dental building is the only Category 3 building in the district. The district has two
Category 1 buildings, four Category 2 buildings (the Cardinal Hotel was elevated from Category
3 to Category 2 in 2020), and one Category 4 building. The eight buildings were built between
1924 and 1938. The Inventory Category 1 resources in the district are both Pedro de Lemos'
buildings — the building at 520 Ramona, originally built in 1925, but modified significantly over
time, and 533 Ramona (the NOLA restaurant building).
The addresses of buildings in the district and associated Inventory category numbers are as
follows:
• 235 Hamilton Category 2 (up from Category 3 as per HRB and by Council approval in 2020)
• 267 Hamilton Category 3
• 520, 522, 524, 526 Ramona Category 1
• 528-530 Ramona Category 2
• 533-539 Ramona Category 1
• 532, 534-536 Ramona Category 2
• 538-542 Ramona Category 2
• 541-545 Ramona Category 4
The City's local historic resources inventory reflects a total of 89 Category 1 resources, 267
Category 2 resources, 236 Category 3 resources, and 281 Category 4 resources, citywide.
Bonus Floor Area
An owner of a Category 1 or 2 resource may request a floor area bonus for qualified
rehabilitation and restoration projects. Following Council reclassification of the building, the
property owner may apply for a floor area bonus, though staff would have to consider whether
the bonus is available for already -completed rehabilitation projects. In the event a floor area
bonus is granted, it may be used on -site, or may be transferrable to a non -historic building in
the Downtown, in accordance with PAMC section 18.18.080. Modification of the building
exterior with bonus floor area would be subject to review for compliance with Secretary of the
Interior's Standards during the Architectural Review process.
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FISCAL/RESOURCE IMPACT
The City's consultant cost to prepare the evaluation was covered by the property owner.
Though not proposed, any project utilizing bonus floor area on site would include review by the
HRB and Architectural Review Board with the appropriate processing fees in effect at that time,
as defined in the Municipal Fee Schedule.
STAKEHOLDER ENGAGEMENT
The HRB members have been the key community partners during the process to reach this
point.
ENVIRONMENTAL REVIEW
Reclassification of a historic building to a higher category of resource is exempt from CEQA
review under California Environmental Quality Act and CEQA Guidelines per Section 21065.
ATTACHMENTS
Attachment A: Draft Record of Land Use Action for Council April 22, 2024
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
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ATTACHMENT A
ACTION NO. ------2024
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO'S LAND USE ACTION TO UPGRADE 261
HAMILTON AVENUE FROM HISTORIC RESOURCES INVENTORY CATEGORY 3 TO CATEGORY 1
On April 22, 2024, the Council the property owner's request to reclassify the
commercial building at 261 Hamilton Avenue, currently a local Category 3 historic resource and
a contributor to the Ramona Street Architectural District; the Council Historic Resources
Board (HRB) recommendation to an upgraded level, Category 1 historic resource on the City's
Historic Resources Inventory, making the following findings, determination, and declarations:
SECTION 1. Background. The City Council of the City of Palo Alto ("City Council")
finds, determines, and declares as follows:
A. In December 2023, the property owner contacted staff to discuss the process for
reclassifying the building. With the owner's request and funding, staff obtained a
historic resource evaluation from the City's consultant, Page and Turnbull, including an
integrity evaluation to understand the effect of the 2015 rehabilitation project on the
building's eligibility. The evaluation supports a classification upgrade to a Category 2
historic resource; the consultant describes the building's eligibility in a report dated
February 8, 2024, noting its eligibility under local criteria 1, 2, 5, and 6. The building does
not appear to meet local criterion 3 regarding the style type (Spanish Colonial Revival)
considered common at the time of construction and not considered rare in the current
day, nor local criterion 4 regarding the building's use as a medical use and post office,
considered common at the time of construction but not rare in the current day.
B. On March 28, 2024, the HRB received a staff report (ID #2402-2685), conducted a public
hearing, and concurred with the consultant's evaluation regarding the building's
eligibility for category upgrade from the current local historic inventory Category 3;
however, the HRB recommended a higher classification level (Category 1) than the
consultant recommended (Category 2).
SECTION 2. Environmental Review. This project is exempt from the provisions of
the California Environmental Quality Act (CEQA), as it is not a project under CEQA Guidelines
per Section 21065.
SECTION 3. Designation Findings.
A. The following criteria, as specified in Municipal Code Section 16.49.040 (b), shall be used
as criteria for designating historic structures/sites to the historic inventory:
1. The structure or site is identified with the lives of historic people or with
important events in the city, state or nation;
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2. The structure or site is particularly representative of an architectural style or
way of life important to the city, state or nation;
3. The structure or site is an example of a type of building which was once
common, but is now rare;
4. The structure or site is connected with a business or use which was once
common, but is now rare;
5. The architect or building was important;
6. The structure or site contains elements demonstrating outstanding attention to
architectural design, detail, materials or craftsmanship.
The building at 261 Hamilton Avenue, a contributor to the locally designated Ramona
Street Architectural District, met many of the above criteria when it was first listed on
Palo Alto's Historic Resources Inventory, in 1985. With the rehabilitation work
performed in 2015, and the 2024 assessment, the building's status as a historic resource
has improved.
B. The definition of Category 2 in Municipal Code Section 16.49.020 (b) must be met to
allow the upgrade to the structure's category designation:
Category 2 Definition: "Major building" means any building or group of buildings of
major regional importance, meritorious works of the best architects or an outstanding
example of an architectural style or the stylistic development of architecture in the state
or region. A major building may have some exterior modifications, but the original
character is retained. The applicant requested and the consultant found the Category 2
appropriate for this building and the City's consultant supported this request.
The City's consultant found the building at 261 Hamilton Avenue meets the Palo Alto
Inventory Category 2 definition; the integrity evaluation found that the building at 261
Hamilton Avenue retains all seven aspects of integrity (location, setting, design,
materials, workmanship, feeling, and association).
However, the HRB's recommendation is for Category 1, which is defined thus:
Category 1: "Exceptional building" means any building or group of buildings of
preeminent national or state importance, meritorious work of the best architects or an
outstanding example of the stylistic development of architecture in the United States.
An exceptional building has had either no exterior modifications or such minor ones that
the overall appearance of the building is in its original character.
The minor exterior modifications cited in the consultant's report have not caused the
building to lose its original character.
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C. National Register of Historic Places and California Register of Historical Resources listing:
The structure is listed as a contributor to the Ramona Street Architectural District, as of
1986 (National Register) and 1998 (California Register, which was created in 1998).
SECTION 5. Category Upgrade Approved. The City Council approves the property
owner's request for re -designation of 261 Hamilton Avenue to a Category X historic resource on
the City's Historic Resources Inventory.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Planning and
Development Services
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CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: April 22, 2024
Staff Report: 2402-2612
TITLE
Adopt a Resolution Authorizing the City Manager or Their Designee to Execute an Amendment
to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the Purchase of up to
60,000 Megawatt -Hours per Year of Biogas Energy Over a Term of up to 20 Years for a Total Not
to Exceed Amount of $147.2 Million; CEQA Status: Not a Project under CEQA Guidelines Section
15378(a)
RECOMMENDATION
Staff and the Utilities Advisory Commission (UAC) recommend that the City Council adopt a
Resolution (Attachment A) to:
1. Authorize the City Manager, or their designee, to execute Amendment No. 1 (Exhibit A to
Attachment A) to the Power Purchase Agreement (PPA) with Ameresco Half Moon Bay
LLC (Ameresco) to increase the generating capacity of the Ox Mountain landfill -gas -to -
energy (LFGTE) project, increase the contract price, and extend the contract term by
approximately 17 years;
2. Increase the maximum spending authority under the PPA from $61,800,000 to
$147,200,000; and
3. Waive the application of the anti -speculation requirement of Section D.1 of the City's
Energy Risk Management Policy as it may apply to surplus electricity purchases resulting
from the City's execution of this amendment, due to the small increase in the facility's
generating capacity and the City's need for the output to continue complying with its
Renewable Portfolio Standard (RPS) procurement and Resource Adequacy requirements.
EXECUTIVE SUMMARY
In 2005, the City executed a PPA with Ameresco to purchase 50% of the output of the Ox
Mountain LFGTE facility. This agreement, lasting 20 years, aimed to secure a baseload source of
renewable energy for the City. With the availability of additional landfill gas at the facility,
Ameresco recently proposed an amendment to extend the contract term by 17 years, increase
the project's capacity from 10 megawatts (MW) to 13 MW, and adjust the agreements' pricing
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structure. An economic assessment of the amendment suggests it would offer a net benefit to
the City, with the project's energy, renewable energy credits (RECs), and resource adequacy (RA)
capacity providing an estimated net value of at least $6 per megawatt -hour (MWh). Despite
uncertainties, market trends favor the project's long-term value.
The amendment would increase Palo Alto's electric supply by 7.2% during the 2029-2046 period,
enhancing the supply portfolio's diversity and aiding the City's compliance with its Renewable
Portfolio Standard (RPS) obligations. Operational risks are largely mitigated, as the project is
established, Ameresco is an experienced LFGTE project operator, and payments under the PPA
are contingent on energy delivery, reducing financial exposure.
The recommended Ox Mountain PPA amendment offers a strategic opportunity to secure a long-
term supply of baseload renewable energy, enhance the resilience of the City's electric supply
portfolio, and advance the City's sustainability objectives. Approval is recommended to capitalize
on the project's long-term benefits while mitigating risks and meeting regulatory obligations.
BACKGROUND
As part of its early sustainability efforts, in January 2005, Council approved the PPA with
Ameresco to obtain half of the electric output of the Ox Mountain LFGTE generating facility in
Half Moon Bay over a 20 -year term (Resolution 84951, CMR 100:052). Under this contract, which
was one of the City's first renewable energy PPAs, the City agreed to purchase a 50% share of the
output of the facility over a 20 -year contract term. The City of Alameda executed a PPA at the
same time to purchase the other 50% of the facility's output under identical contract terms.
The contract price was $52/MWh in the first year (2009), escalating at 1.5%/year, and the project
achieved commercial operations in April 2009. (The current contract price is $65.01/MWh.) The
total generating capacity of the facility is currently 10 MW, and in addition to the round-the-clock
renewable electricity it provides, the project is also a valuable source of local resource adequacy
(RA) capacity in the Bay Area. Since it began operating, the facility has also been highly reliable,
with an average availability rate of over 90%.
Although the City executed the PPA with Ameresco long before the state imposed an RPS
mandate on municipal utilities like Palo Alto3, the state's RPS program rules do now apply to all
utilities in the state, including Palo Alto. These rules require that an increasing percentage of
retail sales be served by qualifying renewable generation; currently, the major RPS targets that
apply to all utilities are 50% by 2026 and 60% by 2030. Palo Alto satisfies its RPS requirements
1 Resolution 8495: https://www.cityofpaIoaIto.org/files/assets/public/v/1/city-clerk/resolutions/reso-8495.pdf.
2 CMR 100:05: https://www.citVofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-
manager-reports-cmrs/year-archive/2005/01-ianua ry/4149.pdf.
3 The RPS mandate was first imposed on Palo Alto by SB X1-2 in 2011, and subsequently raised by SB 350 in 2015
and SB 100 in 2018.
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through a diverse portfolio of qualifying renewable resources — including wind, solar, bioenergy
(such as the Ox Mountain landfill gas project), and small hydro.
ANALYSIS
In May 2022, Ameresco approached Utilities staff, along with staff from the City of Alameda, to
inquire about their interest in purchasing additional output from the Ox Mountain LFGTE project,
as well as extending the contract beyond its current 2029 end date. In early 2023 the City and
Ameresco signed a non -binding Letter of Intent (LOI) to memorialize these discussions. Although
the LOI did not commit the parties to moving forward with this contract amendment and
extension, it did establish a deadline by which such an agreement finalized and executed: April
29, 2024. Over the subsequent months, as Ameresco worked through its development process
for the expansion capacity, the parties continued negotiating the terms of an amendment,
ultimately arriving at the recommended proposal.
Ox Mountain Amendment Summary
The key commercial terms contained in the recommended amendment include the following:
• Expansion Capacity — Ameresco will add additional generating capacity to the Ox
Mountain project, bringing its total capacity up from 10 to 13 MW (of which Palo Alto will
receive a 50% share).
• Contract Term — The original PPA is set to terminate in April 2029; the amendment would
extend the PPA term to 20 years from when the expansion capacity comes online, which
is expected to be in the spring of 2026. Hence the amendment would extend the original
PPA's term by about 17 years.
• Price — The original PPA price is $52/MWh, escalating at 1.5%/year. In the spring of 2026,
when the expansion capacity is expected to come online, the PPA price will be
$66.98/MWh. The amendment would raise the contract price for the whole project to
$74/MWh, escalating at 1%/year (except in years when the inflation rate exceeds 3%, in
which case the price escalator would jump to 2%). Additionally, the new contract price
will be reduced by $0.93/MWh if the expansion capacity does not qualify as RA capacity
for the City.4
• Termination Right — Ameresco will have the right to terminate this amendment if it is
unable to successfully complete the environmental and/or air quality permitting
processes for the expansion capacity, or if the improvements required to receive these
permits make the expansion capacity uneconomic for them to proceed with.
The 3 MW of expansion capacity will have to go through a deliverability study process at the California
Independent System Operator (CAISO) before it qualifies as RA capacity for the city. However, given that the
facility is located in the transmission -constrained Greater Bay Area, staff expects it to qualify.
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Economic Assessment of the Ox Mountain Amendment
The Ox Mountain PPA has provided excellent value to CPAU customers for the past 15 years,
while also reducing the supply portfolio's seasonal energy and RA capacity deficits, thereby
reducing budget uncertainty. The project provides three valuable products to the electric
portfolio: energy, resource adequacy, and RECs. If the sum of these three values is greater than
the cost of the power purchase agreement, the City will see a net monetary benefit from this
contract.
The primary value provided by this PPA is from the baseload electrical energy that the resource
produces. Based on forward energy curves as of February 1, 2024, the value of this energy is
estimated to be approximately $70/MWh between 2026 and 2033.
In addition to the energy component, each MWh of the Ox Mountain project's generation
qualifies as a "Bucket 1" renewable energy credit (REC), which is projected to have a value
between $9 and $21/MWh over the 20 -year extension term. (Recently, supply conditions have
been extremely tight; last fall the City sold surplus Bucket 1 RECs for over $70/MWh.)
Finally, the LFGTE plant capacity qualifies as local RA, which the City can count towards its annual
local and system RA requirements. RA is typically transacted and priced on a $/kW -month basis
and is projected to range from $7/kW-month to $12/kW-month over the 20 -year extension term,
which translates to approximately $10 to $16/MWh for the Ox Mountain project.
In aggregate, the total value of the amended Ox Mountain PPA is estimated to range between
$87 and $112/MWh. On the other hand, the PPA price, when levelized over the 20 -year extension
term, is expected to be in the range of $80 to $85/MWh (depending on the number of years
when the inflation rate exceeds 3%).
With each of these revenue streams, there is a large degree of uncertainty around what will
happen to future prices from changes to macro -economic conditions, regulations,
interdependent regional power markets, and overall market uncertainty. That said, forward
pricing curves project off-peak power prices to become more valuable than on -peak prices within
the next few years, and proposed changes to the RA market rules would reward generators that
produce in times of the grid's greatest need. Furthermore, under the state's RPS legislation, all
load serving entities are required to increase their share of renewable energy in their portfolios
(to 60% by 2030), so there is increasing demand for RECs. All of these trends support the expected
long-term value of the Ox Mountain project, given its ability to generate renewable energy
around the clock. Staff conservatively estimates the project will provide a net benefit of at least
$6/MWh over the amended contract term, with the potential for significant upside if market
prices stay high and there are further challenges to bringing new resources onto the grid in the
coming 5-10 years.
Electric Portfolio Impact
The City's share of the Ox Mountain project's output is currently about 44,000 MWh/year
(equivalent to 5.5% of Palo Alto's 2022 retail energy sales). If the expansion capacity is approved
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this amount would be expected to grow to about 57,000 MWh/year (7.2% of retail energy sales).
The existing supply portfolios is projected to have an overall surplus position through 2034 even
without executing the Ox Mountain amendment, as shown in Figure 1 below. However, there is
significant uncertainty around both the load and hydro generation projections shown here. With
respect to load, there is the potential for significant growth from data centers, electric vehicles,
and building electrification; meanwhile, the impacts of climate change are likely to significantly
reduce the long-term level of hydro generation. Combined, these two factors could flip the
portfolio's overall surplus positions of the next several years to deficit positions —which is why
staff recommends waiving the anti -speculation requirement of the City's Energy Risk
Management Policy for this agreement.
Figure 1: Projected Annual Load -Resource Balance with Ox Mountain Expansion & Extension
1,200
1,000
800
600
400
200
Ii
II
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045
Western MCalaveras MLandfill MWind MSolar MGeothermal 8t8aOxMtn Exp —Load
In addition to increasing and further diversifying Palo Alto's electric supply portfolio in
accordance with the City's adopted Integrated Resource Plan, the project will also help the City
comply with its RPS Procurement Plan obligations. The City is on track to meet state RPS targets
s All six of the City's solar PPA extend to 2040 or later, while the landfill gas PPAs are currently scheduled to expire
between 2026 and 2034. The City has one remaining wind PPA which expires in June 2028. Furthermore, the City
can renew the Western Base Resource contract for a new 30 -year term that would start in 2025, and for planning
purposes it is currently included in the supply portfolio baseline assumptions. Lastly, the City owns its share of the
Calaveras project and it is therefore expected to remain in the portfolio indefinitely.
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through 2036, as shown in Figure 2 below; the amended Ox Mountain PPA would help to
significantly reduce Palo Alto's RPS procurement deficits beyond that point. In addition, this
amendment would increase the volume of Bucket 1 RECs the City is able to swap for lower -cost
Bucket 3 RECs under the REC Exchange Program and reduce the City's local RA capacity deficit
positions.
Figure 2: RPS Supplies & Requirement Levels with Ox Mountain Expansion & Extension
700
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Risk Management Assessment
Given that this project is an existing power plant, there is no development risk, and instead only
operational risk. And as noted above, Ameresco is an experienced operator of LFGTE power
plants like this one, and the Ox Mountain facility has an excellent reliability record. Finally, and
perhaps most importantly, under the terms of the proposed PPA the City is not at risk for paying
for output that is not delivered. As with all of the City's PPAs, the City will make no payments
under the PPA until energy from the project is delivered.
FISCAL/RESOURCE IMPACT
If Council approves the execution of this amendment with Ameresco, the City will purchase up
to 60,000 MWh/year over the course of the 20 -year contract extension term, for a total not -to -
exceed amount of $101.2 million (an average of $5.06 million per year). Over the entire term of
the PPAthe maximum spending authority, which was originally set at $61.8 million in 2005, would
be increased to $147.2 million. These values are considered upper limits on the output the facility
could potentially generate; the actual output the City will purchase under this amendment over
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the contract term is expected to be slightly lower. Funding for the purchase of the additional
renewable energy provided by the expansion of the Ox Mountain facility will be included in the
Electric Utility Fund beginning in FY 2026.
POLICY IMPACT
Approval of the proposed amendment is in conformance with the City's Sustainability and
Climate Action Plan (S/CAP), Integrated Resource Plan, Carbon Neutral Plan, and RPS
Procurement Plan, specifically the City's Renewable Portfolio Standard to meet at least 60% of
the City's electric sales from renewable energy.
STAKEHOLDER ENGAGEMENT
Utilities staff has coordinated with key staff from departments involved in the negotiation and
management of the Ox Mountain PPA with Ameresco, including the Administrative Services
Department and the City Attorney's Office, as well as staff from the City of Alameda and the
Northern California Power Agency (NCPA).
In addition, the UAC reviewed staff's recommendation to approve the amendment at its April 3,
2024 meeting. The UAC asked questions about the amendment provisions, including Ameresco's
termination right, and about the request to waive the anti -speculation requirement. They also
inquired about how the amended contract price compares to the City's other renewable energy
contracts and to the market price for other baseload renewable energy resources. The UAC
agreed that this amendment represents a good deal for the City and voted unanimously (5-0) to
recommend that the City Council approve it.
ENVIRONMENTAL REVIEW
The City Council's approval of this amendment to purchase additional output from the Ameresco
facility 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 Section 15378
because it will not result in a direct or indirect physical change in the environment. San Mateo
County completed a Negative Declaration for the landfill gas recovery facility in 1999.
ATTACHMENTS
Attachment A: Resolution Approving Amendment No. 1 with Ameresco Half Moon Bay, LLC
APPROVED BY:
Dean Batchelor, Director of Utilities
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* NOT YET APPROVED *
Resolution No.
Item 6
Attachment A: Resolution
t A
Approving Amendment
No. 1 with Ameresco Half
Moon Bay, LLC
Resolution of the Council of the City of Palo Alto Authorizing the City
Manager or Their Designee to Execute an Amendment to the Power
Purchase Agreement with Ameresco Half Moon Bay LLC for the
Purchase of up to 60,000 Megawatt -Hours per Year of Biogas Energy
over a Term of up to 20 Years for a Total Not to Exceed Amount of
$147.2 Million
RECITALS
A. The City of Palo Alto entered into a Power Purchase Agreement (PPA) with
Ameresco Half Moon Bay LLC (Ameresco) in 2005 to purchase 50% of the output of the Ox
Mountain landfill -gas -to -energy (LFGTE) project for a term of 20 years, aiming to secure a
baseload source of renewable energy for the City.
B. In 2022, Ameresco determined that additional landfill was available at the Ox
Mountain landfill and proposed an amendment to the PPA to increase the generating capacity
of the LFGTE project, increase the contract price, and extend the contract term by
approximately 17 years.
C. Utilities staff has conducted an economic assessment of the amendment and
concluded that it would provide a net benefit to the City.
D. The proposed amendment would increase Palo Alto's electric supply by 7.2%
during the 2029-2046 period, enhance the supply portfolio's diversity, and aid the City's
compliance with its Renewable Portfolio Standard (RPS) obligations.
E. The proposed Ox Mountain PPA amendment offers a strategic opportunity to
secure a long-term supply of baseload renewable energy, enhance the resilience of the City's
electric supply portfolio, and advance the City's sustainability objectives.
The Council of the City of Palo Alto does hereby RESOLVE as follows:
SECTION 1. The Council hereby authorizes the City Manager, or their designee, to
execute Amendment No. 1 (Exhibit A) to the Power Purchase Agreement (PPA) with Ameresco
Half Moon Bay LLC (Ameresco) to increase the generating capacity of the Ox Mountain LFGTE
project, increase the contract price, and extend the contract term by approximately 17 years.
SECTION 2. The Council hereby increases the maximum spending authority under the
PPA from $61,800,000 to $147,200,000.
SECTION 3. The Council hereby waives the application of the anti -speculation
requirement of Section D.1 of the City's Energy Risk Management Policy as it may apply to
surplus electricity purchases resulting from the City's execution of this amendment, due to the
6056822
Item 6: Staff Report Pg. 8 Packet Pg. 50 of 410
Item 6
Attachment A: Resolution
t A
Approving Amendment
No. 1 with Ameresco Half
* NOT YET APPROVED * L Moon Bay"�ing
small increase in the facility's generating capacity, the significant uncertainty surroundinge
City's load and hydroelectric generation projections, and the City's need for the output to
continue complying with its Renewable Portfolio Standard (RPS) procurement and Resource
Adequacy requirements.
SECTION 4. The Council hereby finds that the execution of this amendment 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 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
Director of Administrative Services
6056822 2
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Item 6
Attachment A: Resolution
AMENDMENT NO. 1 Approving Amendment
TO No. 1 with Ameresco Half
POWER PURCHASE AGREEMENT Moon Bay, LLC
This Amendment No. 1 to the Power Purchase Agreement dated January 19, 2005 ("First
Amendment") is made and entered into as of (the "First Amendment Effective
Date"), by and between Ameresco Half Moon Bay LLC, a Delaware limited liability company,
("Ameresco" or "Seller") and the City of Palo Alto, a chartered city organized under the laws of
the State of California ("Palo Alto" or "Buyer") regarding the purchase and sale of additional
energy from an expansion of Ameresco's Plant located at the Ox Mountain Landfill ("Ox
Mountain").
Ameresco and Palo Alto may be referred to herein individually as a "Party" and
collectively as the "Parties." Capitalized terms used, but not defined herein shall have the meaning
ascribed to such term in the Agreement.
RFCTTAT,C
WHEREAS, Palo Alto and Ameresco entered into a Power Purchase Agreement, dated
January 19, 2005 (the "Agreement"), whereby Palo Alto purchases a Percentage Share of the
Output from Ameresco's facilities at the Ox Mountain Landfill (the "Ox Mountain"); and
WHEREAS, Ameresco is pursuing the permitting, installation and interconnection of
additional generating capacity at Ox Mountain (referred to in the Agreement as "Expansion Plant")
with the goal of increasing the capacity of the facility by up to 3.0 MW ("Additional Capacity");
and
WHEREAS, on March 29, 2023 Ameresco and Palo Alto entered into a non -binding Letter
of Intent wherein Ameresco intends to sell to Palo Alto, and Palo Alto intends to purchase from
Ameresco, fifty percent (50%) of the Additional Capacity; and
WHEREAS, Ameresco anticipates that the Additional Capacity from the Expansion Plant
will reach commercial operation during the first calendar quarter of 2026.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
AMENDMENT
1. Section 1.9.1 is added to the Agreement as follows:
Section 1.9.1 Expansion Plant Commercial Operation Date: The date upon
which Commercial Operation of the Expansion Plant first occurs.
2. Section 1.13.1 is added to the Agreement as follows:
Section 1.13.1 Expansion Plant Energy: The electricity generated by the
Expansion Plant, of which a Percentage Share will be delivered to Buyer by the Seller
(DOS 59095.DOCX / 2} 1
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Item 6
Attachment A: Resolution
pursuant to this Agreement (as amended) at the Point of Interconne Approving Amendment in
units of kilowatt-hours (kWh) or megawatt -hours (MWh). No. 1 with Ameresco Half
Moon Bay, LLC
3. Section 2.1 Term is amended by adding the following paragraph to the end of
existing Section 2.1:
Effective as of the Expansion Plant Commercial Operation Date, the Agreement
shall continue until the twentieth (20th) anniversary of the Expansion Plant Commercial
Operation Date.
4. Section 2.3 Price is amended by adding the following paragraph to the end of
Section 2.3:
At and after the Expansion Plant Commercial Operation Date, Buyer shall pay
Seller $0.074 per kWh of Energy and Expansion Plant Energy delivered to Buyer
at the Point of Interconnection, which price shall be escalated at the rate of either
(i) 1% (of the then -current price) annually for years in which the CPI is three
percent (3%) or less for the preceding twelve (12) months, or (ii) 2% (of the then -
current price) annually for years in which the CPI is greater than three percent (3%)
for the preceding twelve (12) months. The price escalation shall take affect on the
anniversary of the first day of the first full month following the Expansion Plant
Commercial Operation Date or, in the event the Expansion Plant Commercial
Operation Date falls on the first day of the month, the Expansion Plant Commercial
Operation Date. For the avoidance of doubt, at and after the Expansion Plant
Commercial Operation Date, this pricing applies to both the initial Output and the
Expansion Plant Output. CPI shall be defined as the Consumer Price Index,
published by the U.S. Bureau of Labor Statistics as the "CPI Index — All Urban
Consumers (West Region)".
If any Additional Capacity from the Expansion Plant does not qualify as resource
adequacy capacity for the purposes of meeting Buyer's resource adequacy
compliance requirements, as determined by the California Independent System
Operator (CAISO), the price per MWh of all Energy delivered to Buyer at the Point
of Interconnection shall be discounted by $0.00093/kWh from the then -current
Price.
4. Section 2.5 Right of First Refusal for Expansion Plant and Expansion Plant Output
is amended by adding the following sub -section (c):
(c) As of the First Amendment Effective Date, Seller anticipates constructing
and operating an Expansion Plant with an Additional Capacity up to three (3.0)
MW (the "First Expansion Plant Output"), with an expected, but not guaranteed,
Expansion Plant Commercial Operation Date in the first calendar quarter of 2026.
In compliance with Section 2.5, Seller has offered Buyer the right to purchase its
Percentage Share of the First Expansion Plant Output, and Buyer has exercised its
right to take all of its Percentage Share of the First Expansion Plant Output.
5. Conditions Precedent. This First Amendment shall have no effect unless or until
Seller provides written notice to Buyer that each of the following conditions have been achieved
{D0559095.DOCX / 2
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Item 6
ment A: Resolution
or waived: (a) Seller has a fully executed amendment to that certain i Approving Amendment ase
Agreement between Ameresco Half Moon Bay, LLC and Browning -Ferris I No. 1 with Ameresco Half nia,
Inc., extending the term of that agreement for twenty (20) years from the &Moon Bay, LLC ion
Plant Commercial Operation Date; and (b) Seller has obtained all material permits and
authorizations from applicable Government Authorities to construct, own and operate the
Expansion Plant. If Seller has not satisfied condition precedent (a) by December 31, 2024, Buyer
may terminate this First Amendment by sending written notice to Seller.
6. Termination Right. If Seller, in its sole discretion, determines that the Expansion
Plant is not economical, Seller may, by providing written notice to Buyer, terminate this First
Amendment at any time on or before the later of (i) May 1, 2025, or (ii) 30 days after Seller's
receipt of final approval for the Expansion Plant from San Mateo County under the California
Environmental Quality Act and from the Bay Area Air Quality Management District with respect
to the Ox Mountain air permit. Any termination of this First Amendment under Section 5 or 6
shall be a "no-fault" termination, and (i) no default or Event of Default will be deemed to have
occurred under the Agreement in respect of any such termination, (ii) neither Party shall have any
further liability to the other Party hereunder as a result of such termination, and (iii) the Agreement
(without this First Amendment) will remain in full force and effect. If Seller has not satisfied the
conditions precedent of this section and provided notice of same to Buyer prior to June 30, 2025,
then Buyer may terminate this First Amendment by sending written notice to Seller.
7. Terms and Conditions of the Agreement. Other than as expressly set forth in this
First Amendment, all of the terms and conditions of the Agreement, and the respective rights and
performance obligations under the same, not otherwise modified by, or made inconsistent with,
the provisions of this First Amendment, shall remain in full force and effect and shall apply to this
First Amendment; provided that to the extent there is a conflict between the terms of this First
Amendment and the terms of the Agreement, the terms of this First Amendment shall control to
the extent of such conflict.
8. Governing Law. This First Amendment shall be governed by and construed,
interpreted and enforced in accordance with the laws of the State of California.
9. Counterparts. This First Amendment may be executed in two or more counterparts,
each of which shall constitute an original, but all of which when taken together shall constitute but
one and the same Agreement. Signatures to this First Amendment transmitted by facsimile, email,
portable document format (or .pdf) or by any other electronic means intended to preserve the
original graphic and pictorial appearance of this First Amendment shall have the same effect as
the physical delivery of the paper document bearing original signature.
10. No Other Amendment. Except as expressly amended hereby, the terms and
provisions of the Agreement remain in full force and effect and are ratified and confirmed by the
Parties in all respects as of the First Amendment Effective Date.
{D0559095.DOCX / 2}3
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Item 6
Attachment A: Resolution
IN WITNESS WHEREOF, the Parties have caused this First AmerApproving Amendment as
of the First Amendment Effective Date. No. 1 with Ameresco Half
Moon Bay, LLC
THE CITY OF PALO ALTO,
CALIFORNIA
Approval as to Form:
By:
Name: Amy Bartell
Date:
THE CITY OF PALO ALTO,
CALIFORNIA
Approval by Utilities Director
By:
Name: Dean Batchelor
Date:
THE CITY OF PALO ALTO,
CALIFORNIA
Approval by City Manager
By:
Name:
Date:
AMERESCO HALF MOON BAY LLC
By Ameresco, Inc., its sole member
By:
Name:
Title:
(DOS 59095.DOCX / 2}4
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Item 7
Item 7 Staff Report
City Council
Staff Report
From: City Manager
CITY O F Report Type: CONSENT CALENDAR
PALO Lead Department: Public Works
ALTO Meeting Date: April 22, 2024
Report #:2403-2743
TITLE
Approval of Construction Contract Number C24190641A with Valhalla Builders, Inc. in the
Amount of $460,900 and Authorization for the City Manager or Their Designee to Negotiate
and Execute Change Orders for Related Additional but Unforeseen Work that may Develop
During the Project up to a Not -to- Exceed Amount of $46,090 for the Performing Arts Venues
Seat Replacement Project at Lucie Stern Community Theatre, Capital Improvement Program
Project AC -18000; CEQA Status — Exempt Under CEQA Guidelines Section 15301
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute construction
contract no. C24190641A with Valhalla Builders, Inc. in the amount of
$460,900 for Performing Arts Venues Seat Replacement, Capital Improvement
Program project AC -18000; and
Authorize the City Manager or their designee to negotiate and execute one or more
change orders to the construction contract with Valhalla Builders, Inc. for related,
additional but unforeseen work which may develop during the project, the total
value of which shall not exceed $46,090.
BACKGROUND
The existing Lucie Stern Community Theatre seats have been in service for many decades and
are exhibiting signs of severe wear, including the inability for the seat cushions to self -rise,
leading to inadequate aisle width for egress. There have been attempts over the years to
rehabilitate the seats, but due to the age of the mechanisms, their components are now
obsolete. To avoid the potential for fire and building code violations as well as safety concerns
during emergency evacuations, staff has determined that the seats must be replaced.
Additionally, the City's ADA Transition Plan documents the need to address requirements for
access compliance.
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ANALYSIS
Staff recommends approval of Contract No. C24190641AI in order to provide replacement of
the existing theatre seats. The project will replace the existing seats with a more modern
configuration that allows for gravity to raise the seat cushions in lieu of spring -loaded
mechanisms. The upper portions of the entrance ramps will be reconfigured to provide access
to a newly raised concrete platform which is configured for both wheelchair and companion
seating. There will be additional ambulatory seating strategically placed at the ends of the rows
at the aisles. The work will occur during the planned closure of the theatre from May 13, 2024
through August 8, 2024.
Bid Process
On March 27, 2024, an Invitation for Bids (IFB) for the Community Theatre Seat Replacement -
REBID project was posted on OpenGov, the City's eProcurement system. The bidding period
was 12 calendar days. The City received three (3) bids from qualified contractors on April 8,
2024, as listed on the attached Bid Summary (Attachment A).
Project Bid Name/Number
Community Theatre Seat Replacement -REBID
IFB #190641A
Proposed Length of Project
May 13 — Aug 8, 2024
Number of Bid Packages Downloaded by
Contractors
8
Number of Bid Packages Downloaded by
Builder's Exchanges
2
Total Days to Respond to Bid
12
Mandatory Pre -Bid Meeting
No
Number of Company Attendees at Pre -Bid
Meeting
N/A
Number of Bids Received
3
Base Bid Price Range
$460,900 - $581,501
Public Link to Solicitation
https://procurement.opengov.com/portal/palo-
alto-ca/projects/87752
Bids ranged from $460,900 to $581,501 and from 36% to 71% above the engineer's estimate of
$340,000. Staff reviewed the submitted bids and recommends acceptance of the base bid
submitted by Valhalla Builders, Inc. in the amount of $460,900, and that Valhalla Builders, Inc.
be declared the lowest responsible bidder. The higher bids are attributed to current global
economic inflationary pressures as well as necessary just -in -time delivery expectations for a
' Valhalla Builders, Inc. Construction Contract C24190641A;
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip-
contracts/c24190641a-valhalla-builders cc staff-report.pdf
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Item 7
Item 7 Staff Report
project with a short window of opportunity for construction. The construction contingency
amount of $46,090, which equals 10% of the total contract value, is requested for related,
additional but unforeseen work which may develop during the project, implemented via City -
approved Change Order.
Staff reviewed information and similar projects performed by the lowest bidder, Valhalla
Builders, Inc. and found them to be the lowest responsive and responsible bidder. Staff also
checked with the Contractor's State License Board and determined that the contractor has an
active license on file.
FISCAL/RESOURCE IMPACT
Funding for this contract is available in the Fiscal Year 2024 Adopted Budget for the Capital
Improvement Program Performing Venues Seat Replacement (AC -18000) project.
STAKEHOLDER ENGAGEMENT
The Performing Arts Venues Seat Replacement Project has been coordinated with the Public
Works, Administrative Services, and Community Services Departments as well as other user
groups that rent the Lucie Stern Community Theatre. The work will take place during the
coordinated closure of the facility between May 13, 2024 and August 8, 2024.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) under Section 15301 of the CEQA Guidelines as repair, maintenance and/or minor
alteration of existing facilities and no further environmental review is necessary.
ATTACHMENTS
Attachment A: Bid Summary
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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Item 7
Attachment A - Bid Summary
ATTACHMENT A - BID TABULATION
BID RESULTS FOR Lucie Stern Community Theatre Seat Replacement Project
(IFB 190641)
BID ITEM
DESCRIPTION
Unit of
Qty
Ron Paris
Selway Construction
Valhalla Builders, Inc.
Measure
Construction
(Lowest Responsible Bidder)
Co, Inc.
Base Bid
Community Theatre as a Turn-
LS
1
$462,027
$581,501
$460,900
Key
Project
Engineer Estimate
LS
1
$340,000
$340,000
$340,000
Percent Difference
36%
71%
36%
Notes: 1. Determination of Lowest Bid - The lowest bid shall be the lowest Base Bid. There were no additive or deductive alternate items.
Item 7: Staff Report Pg. 4 Packet Pg. 59 of 410
Item 8
Item 8 Staff Report
CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: April 22, 2024
Staff Report: 2402-2599
TITLE
Approval of Professional Services Contract No. C24190042 With BKF Engineers in a Total Not -to -
Exceed Amount for $283,250 for Land Surveying Services for One Year; CEQA — Not a Project.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee
to execute Contract No. C24190042 (Attachment A) with BKF Engineers to provide land surveying
services for a term of one year and a total not -to -exceed amount of $283,250, including $265,000
for basic services and up to $18,250 for additional services.
BACKGROUND
The Utilities Engineering Division Water, Gas, and Wastewater (WGW) perform in-house designs
for all main replacement projects under the Capital Improvement Program (CIP). Since 2010,
WGW Engineering has contracted with several land surveying companies to collect GPS survey
information of existing above -ground features within the project areas for WGW main
replacement projects. The survey information is utilized to verify and correct the existing utilities
GIS base map and obtain the elevations of existing surface features and underground utilities. An
updated base map enhances the accuracy of utility design drawings and reduces conflicts during
the installation of new utilities.
ANALYSIS
This surveying services contract will cover approximately 36,324 linear feet of various streets
throughout the City over a period of 34 weeks. Topographic survey data will be collected within
the entire width of the public right-of-way and on a portion of private properties. The survey data
collected under this contract will help with the design of Water, Gas, and Sewer projects,
including Water Main Replacement Project 31; Gas Main Replacement Projects 26; and Sanitary
Sewer Rehabilitation Project 32.
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On December 10, 2023, a request for proposals (RFP) for the Surveying Contract FY24 was posted
on OpenGov through the City's web portal. A total of 26 providers downloaded the RFP package,
and the Utilities Department received responses from two consulting firms.
Utilities Engineering staff reviewed the two proposals for accuracy and completeness and rated
the consultants in accordance with factors defined in Palo Alto Municipal Code Section 2.30.410.
BKF Engineers was selected as the top -ranked proposer and also submitted the lowest cost
proposal. BKF is a relatively large engineering and surveying firm with adequate resources to
allocate staff to perform the work under this contract and have performed satisfactorily on
previous projects for the City. BKF Engineers initially proposed a cost of $298,855, but staff
negotiated a reduction in the total cost to $283,250. Based on the City's experience with BKF's
two previous surveying contracts, the negotiated price was determined to be reasonable for the
work being performed.
Table 1— Summary of Solicitation Process:
Proposal Description/Number RFP #190042
34 weeks
Number of Notices sent to providers via City's
eProcurement System (OpenGov)
Number of RFP Packages Downloaded by_________
Consultants
2,920
26
Total Days to Respond to Proposal 37
Number of Proposals Received 2
Company Name Address
Bid 1: BKF Engineers 1730 N. First Street, Suite 600 San Jose, CA 95112
Bid 2: Bowman & Williams 2601 41st Ave, Suite E, Soquel, CA 95073
FISCAL/RESOURCE IMPACT
Funding for the contract is available in the FY 2024 CIP Utility GIS Data project (WS -02014). Water,
Gas, and Wastewater utilities will each be responsible for one-third of the cost.
STAKEHOLDER ENGAGEMENT
Stakeholder engagement for this project consisted of the request for proposal and bidding
process described above that was posted publicly.
ENVIRONMENTAL REVIEW
Council's approval of this term agreement for surveying services is not a project under the
California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378,
because it has no potential for resulting in either a direct or reasonably foreseeable indirect
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Item 8 Staff Report
physical change in the environment. Any future projects informed by the survey will be subject
to CEQA Review at the time of approval.
ATTACHMENTS
Attachment A — Contract with BKF Engineers; C24190042
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Tuan Nguyen, Principal Engineer — WGW
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
CITY OF PALO ALTO CONTRACT NO. C24190042
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND BKF ENGINEERS
This Agreement for Professional Services (this "Agreement") is entered into as of the 1St day of
April, 2024 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation ("CITY"), and BKF ENGINEERS , a Corporation, located at 255
Shoreline Drive, Suite 200, Redwood City, CA 94065
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to collect topographic survey data (the "Project") and desires to engage a
consultant to provide surveying services in connection with the Project (the "Services", as detailed
more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the
necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit A, entitled "SCOPE OF SERVICES".
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through March 31, 2025 unless
terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term of
this Agreement and in accordance with the schedule set forth in Exhibit B, entitled "SCHEDULE
OF PERFORMANCE". Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY's agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
Page 1 of 29
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Two Hundred Sixty -
Five Thousand Dollars ($265,000). The hourly schedule of rates, if applicable, is set out in
Exhibit C-1, entitled "SCHEDULE OF RATES." Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum compensation set forth in this
Section 4 shall be at no cost to the CITY.
® Optional Additional Services Provision (This provision applies only if checked and a
not -to -exceed compensation amount for Additional Services is allocated below under this
Section 4.)
In addition to the not -to -exceed compensation specified above, CITY has set aside the not -
to -exceed compensation amount of Eighteen Thousand Two Hundred Fifty Dollars
($18,250) for the performance of Additional Services (as defined below). The total
compensation for performance of the Services, Additional Services and any reimbursable
expenses specified in Exhibit C, shall not exceed Two Hundred Eighty -Three Thousand
Two Hundred Fifty Dollars ($283,250), as detailed in Exhibit C.
"Additional Services" means any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within the Scope of Services
described at Exhibit A. CITY may elect to, but is not required to, authorize Additional
Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced,
written authorization from CITY as detailed in this Section. Additional Services, if any,
shall be authorized by CITY with a Task Order assigned and authorized by CITY's Project
Manager, as identified in Section 13 (Project Management). Each Task Order shall be in
substantially the same form as Exhibit A-1, entitled "PROFESSIONAL SERVICES TASK
ORDER". Each Task Order shall contain a specific scope of services, schedule of
performance and maximum compensation amount, in accordance with the provisions of
this Agreement. Compensation for Additional Services shall be specified by CITY in the
Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit
C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY's
Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as counter -signature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the
amount of compensation set forth for Additional Services in this Section 4.
CONSULTANT shall only be compensated for Additional Services performed under an
authorized Task Order and only up to the maximum amount of compensation set forth for
Additional Services in this Section 4. Performance of and payment for any Additional
Services are subject to all requirements and restrictions in this Agreement.
Page 2 of 29
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT's schedule
of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT's invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY's Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QIJAI,IFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess the professional and technical personnel
necessary to perform the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required to perform the Services. All Services to be furnished by CONSULTANT
under this Agreement shall meet the professional standard and quality that prevail among
professionals in the same discipline and of similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in
the performance of the Services.
SECTION 5. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT's errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds the CITY's
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the Project design with the budget, incorporate CITY
approved recommendations, and revise the design to meet the Project budget, at no additional cost
to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
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deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers' compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT's performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT's
provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT's
obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
® Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the
Services to be performed under this Agreement without the prior written authorization of the City
Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and
omissions of subcontractors.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Benjamin Santos,
Telephone: 408-467-9171 Email: bsantos@bk_com as the CONSULTANT's Project Manager to
have supervisory responsibility for the performance, progress, and execution of the Services and
represent CONSULTANT during the day-to-day performance of the Services. If circumstances
cause the substitution of the CONSULTANT's Project Manager or any other of CONSULTANT's
key personnel for any reason, the appointment of a substitute Project Manager and the assignment
of any key new or replacement personnel will be subject to the prior written approval of the CITY's
Project Manager. CONSULTANT, at CITY's request, shall promptly remove CONSULTANT
personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative,
or present a threat to the adequate or timely completion of the Services or a threat to the safety of
persons or property.
CITY's Project Manager is Tuan Nguyen, Utilities Department, WGW Division, 1007 Elwell, Palo
Alto, CA, 94303, Telephone: (650) 566-4547, Email: Tuan_Nguven CityofPaloAlto org. CITY's
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Project Manager will be CONSULTANT's point of contact with respect to performance, progress
and execution of the Services. CITY may designate an alternate Project Manager from time to
time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, shall be and remain the exclusive property
of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights
which arise from creation of the work product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product available to any individual or organization without the prior written
approval of the City Manager or designee. CONSULTANT makes no representation of the
suitability of the work product for use in or application to circumstances not contemplated by the
Scope of Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT's records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify,
defend and hold harmless CITY, its Council members, officers, employees and agents (each an
"Indemnified Party") from and against any and all third party demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorney's fees, experts fees, court costs and
disbursements ("Claims") to the extent that such Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents
or contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of
defense costs exceeding CONSULTANT's proportionate percentage of fault as determined by the
final judgment of a court of competent jurisdiction.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
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16.3. The acceptance of CONSULTANT's Services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
D, entitled "INSURANCE REQUIREMENTS". CONSULTANT and its contractors, if any, shall
obtain a policy endorsement naming CITY as an additional insured under any general liability or
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best's Key Rating Guide ratings of A -:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the approval
of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT's
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY's Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
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19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the
City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed,
prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to the effective date in the notice of suspension or termination; provided, however, if this
Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be
obligated to compensate CONSULTANT only for that portion of CONSULTANT's Services
provided in material conformity with this Agreement as such determination is made by the City
Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made
in accordance with Section 17 (Waivers).
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of
CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
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21.1. In executing this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a "Consultant" as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person's race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic
information or condition, housing status, marital status, familial status, weight or height of such
person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the
penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act ("ADA"), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally
Preferred Purchasing policies which are available at CITY's Purchasing Department, hereby
incorporated by reference and as amended from time to time. CONSULTANT shall comply with
waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste Program. Zero
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Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and,
third, recycling or composting waste. In particular, CONSULTANT shall comply with the
following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes, invoices, reports,
and public education materials, shall be double -sided and printed on a minimum of 30% or greater
post -consumer content paper, unless otherwise approved by CITY's Project Manager. Any
submitted materials printed by a professional printing company shall be a minimum of 30% or
greater post -consumer material and printed with vegetable -based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY's Environmental Purchasing Policy including but not limited to Extended
Producer Responsibility requirements for products and packaging. A copy of this policy is on file
at the Purchasing Department's office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62
(Citywide Minimum Wage), as amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, CONSULTANT shall pay such
employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030
for each hour worked within the geographic boundaries of the City of Palo Alto. In addition,
CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of
the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to
time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the
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.
26.1. This Project is subject to prevailing wages and related requirements as
a "public works" under California Labor Code Sections 1720 et seq. and related regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor
Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section
16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has
obtained the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of worker needed to execute
the contract for this Project from the State of California Department of Industrial Relations
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("DIR"). Copies of these rates maybe obtained at the CITY's Purchasing Department office. The
general prevailing wage rates are also available at the DIR, Division of Labor Statistics and
Research, web site (see e.g._httn://www.dir.ca_gov/DI,SR/PWD/index.htm) as amended from time
to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job
sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall
comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code
(Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1,
1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable
implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code
of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to
time. CONSULTANT shall comply with the requirements of Exhibit E, entitled "DIR
REGISTRATION FOR PUBLIC WORKS CONTRACTS", for any contract for public works
construction, alteration, demolition, repair or maintenance, including but not limited to the
obligations to register with, and furnish certified payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For
purposes of this Section 27, a "9204 Public Works Project" means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects".
® This Project is not a 9204 Public Works Project.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY's Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT's obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. "Confidential Information" means all data, information (including without
limitation "Personal Information" about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT's possession free of any obligation of
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confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
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authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT's proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT's proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
EXHIBIT A:
EXHIBIT A -l:
EXHIBIT B:
EXHIBIT C:
®
EXHIBIT C -l:
®
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
7 EXHIBIT G:
H EXHIBIT H:
SCOPE OF SERVICES
PROFESSIONAL SERVICES TASK ORDER
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES
(MUTCD) ROLLING MOBILE TRAFFIC CONTROL
DEFINED WORK AREAS FOR SURVEY MAP
REQUIREMENTS FOR TRAFFIC CONTROL PLAN
SUBMISSION
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE ATTACHED.
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CONTRACT NO. C24190042 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
BKF ENGINEERS
DocuSigned by
B '
ip
4AD73A9A201474
Davis Thresh, PLS
Name:
vice President
Title:
DocuSigned by:
B : )LAA .
4832F5673F2E450,..
Name:_
CFO
Title:
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF
SERVICES". Notwithstanding any provision herein to the contrary, CONSULTANT's duties
and services described in this Scope of Services shall not include preparing or assisting CITY
with any portion of CITY's preparation of a request for proposals, request for qualifications, or
any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all
times retain responsibility for public contracting, including with respect to any subsequent phase
of this project. CONSULTANT's participation in the planning, discussions, or drawing of
project plans or specifications shall be limited to conceptual, preliminary, or initial plans or
specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a
subsequent contract on any subsequent phase of this project have access to the same information,
including all conceptual, preliminary, or initial plans or specifications prepared by
CONSULTANT pursuant to this Scope of Services.
CONSULTANT will provide the surveying services described in this Exhibit A for the entire
Defined Work Area, as described in Table 1 below and Exhibit G.
The City of Palo Alto has established a GPS Control Network and survey control monuments
throughout the City to be used as the official survey control benchmarks. All surveying and
engineering -related work shall use these monuments in order for the projects to be incorporated
into the City's GIS mapping. To satisfy the City of Palo Alto horizontal coordinate & vertical
datums, the surveyor must tie the requested work to the City GPS control monuments prepared
by Bestor Engineers in 1994 and submit your northings and eastings in the City's coordinate
system. The City will not accept deliverables in other coordinates systems and/or own local
("project") coordinate systems.
The coordinates shown on the record of survey are based on the North American Datum of 1983
[NAD 83(1992 epoch)] in the California State Plane Coordinate System, (zone 3) in units of
survey feet. Vertical elevations are based upon the NGVD 29 as per the USC&GS adjustment of
1967. Additional information concerning elevations and secondary vertical control benchmarks
to be used for vertical control only is on file and available at the City of Palo Alto Public Works
engineering surveying office. The data provided by Public Works is intended to be used as a
reference.
Horizontal and vertical control reference point data is available upon request. Copies of full size
of the Record of Survey and Survey Control Monument maps prepared by Bestor Engineers, Inc.
dated February 1994 are available at the Utilities Engineering Office.
CONSULTANT's California Licensed Land Surveyor is responsible to setup all control points
needed to perform the survey work. The accuracy for all survey data shall be +/- 0.5 in; with an
exception of gas meter risers on private properties to be +/- 0.5 ft. All survey data collected shall
be certified by a California Licensed Land Surveyor. Roughly 30-40% of all gas meter risers are
Page 14 of 29
Item 8: Staff Report Pg. 17 Packet Pg. 76 of 410
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Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
behind property fences, shrubs, or other obstructions. The survey data shall be measured in U.S.
Survey Feet.
Survey data shall be collected within the entire width of the street and on private properties to
include all features identified below. The extents of the survey area shall cover the full
intersections to curb returns.
The CONSULTANT shall obtain approval from business/homeowners or occupants to access
private properties or easements for collecting required survey data. No additional compensation
will be made for delays due to private property access issues. The CONSULTANT shall provide
necessary traffic control to meet the CPA Transportation Department's standards, shown in
Exhibit H to this Agreement. No additional compensation will be made for traffic control on
major streets.
The CONSULTANT shall use CPAU WGW Engineering's "feature codes" for naming
convention and refer to the feature capture -positions in the attached `Feature Codes and Feature
Capture -Positions' list.
Site and Traffic Control:
All work shall be conducted in a safe manner and in strict accordance with the rules of the State
Division of Industrial Safety (Cal. OSHA). The CONSULTANT shall take all reasonable
precautions necessary to protect from personal injury all workers and other persons who may be
in or about the work area and to prevent damage to both public and private property. Workers in
the area shall wear orange safety vests and hard hats at all times.
The CONSULTANT shall assume sole and complete responsibility for job site conditions during
the course of this survey project, including the safety of all persons and property; that this
requirement shall apply continuously and not be limited to normal working hours; and that the
CONSULTANT shall defend, indemnify and hold the City harmless from any and all liability,
real or alleged, in connection with the performance of work on this project.
Work on arterial and collector streets (including El Camino Real, San Antonio Avenue, Foothill
Expressway, Sand Hill Road, Middlefield Road, Arastradero Road, Loma Verde Avenue,
California Avenue, and Manuela Avenue) will not be permitted between the hours of 7 and 9
a.m. and 4 and 6 p.m. to avoid traffic congestion to the public (refer to California Road System
Map for road functional classification).
The CONSULTANT shall comply with the attached Manual On Uniform Traffic Control
Devices (MUTCD) Rolling Mobile Traffic Control requirements (shown in Exhibit F) for short
term work. Any work that is longer than 15 minutes at one particular spot requires a more
specific traffic control plan to be submitted for CPA Transportation Department's review and
approval, per Exhibit H.
The above requirements are minimum and do not limit the CONSULTANT's responsibility of
doing all that is practical and necessary to ensure the safety of workers, pedestrians, bicyclists,
and motorists.
Page 15 of 29
Item 8: Staff Report Pg. 18 Packet Pg. 77 of 410
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Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
Data to he Collected:
Collect horizontal and vertical data for:
1. Sanitary sewer manholes (lid center, depth, and invert elevations for each pipe,
including pipe size/diameter, with in/out directions relative to magnetic north)
2. Storm drain manholes and catch basins (lid center, depth, and invert elevations for
each pipe, including pipe size/diameter, with in/out directions relative to magnetic
north)
3. Gas and water valves (cover and stem elevations)
4. Street surface along the crown of the pavement (i.e. along the approximate centerline
of the street width) at grade breaks and every 50' maximum
Collect horizontal data for:
(collect data at meter of manholes/lids/boxes, unless otherwise noted)
Electrical/Fiber Optic/Telephone manholes and boxes
a. For Electrical/Fiber Optic/Telephone boxes - measure box dimension and collect
survey data of two opposing corners
2. Electric poles and guy wire anchors
3. Fire hydrants (center of hydrant)
4. Anode boxes
5. Air relief valves
6. Water meters, gas meters, and the City of Palo Alto assigned gas meter numbers
7. Gas meter risers (end of riser at ground penetration)
8. Sanitary sewer cleanout boxes/lampholes/flush inlets
9. Monuments
10. Front and back of sidewalk, face of curb, lip of gutter, and edge of pavement on both
sides of the street. For linear alignment, collect data at both ends of the block. For
non-linear alignment, collect data at every turning point.
Additional surveying services, if authorized, will be described in a Task Order and compensated
as set forth in Exhibit C.
Deliverables:
- Northing and easting coordinate text files (PNEZD) of all required survey data, including all
control survey points, in .csv format, including feature code and description of each point in the
spreadsheet (all point descriptions shall be in the same description column).
Page 16 of 29
Item 8: Staff Report Pg. 19 Packet Pg. 78 of 410
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Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
Table 1Defined Work Areas (See Exhibit G for Survey Map)
SHEE
APPROX.
STREET
BETWEEN
AND
T NO.
LENGTH (FEET)
OF SAN CARLOS
SAN CARLOS CT
MIDDLEFIELD RD
CND
570
6
8
ASH ST
STANFORD AVE
OXFORD AVE
300
8
BIRCH ST
LELAND AVE
STANFORD AVE
358
8
BIRCH ST
STANFORD AVE
OXFORD AVE
296
8
BIRCH ST
OXFORD AVE
COLLEGE AVE
228
9
BRYANT ST
EL DORADO AVE
EL VERANO AVE
2832
EL DORADO
RAMONA ST
SOUTH CT
320
9
AVE
9
SOUTH CT
EL CARMELO AVE
LOMA VERDE AVE
977
9
RAMONA ST
EL CARMELO AVE
EL VERANO AVE
1887
EMERSON STREET
9
EMERSON ST
EL CARMELO AVE
(END OF CUL-DE-SAC)
2275
EL CARMELO
ALMA ST
WAVERLEY AVE
1661
9
AVE
LOMA VERDE
ALMA ST
SOUTH CT
1306
9
AVE
CAMPESINO
RAMONA ST
BRYANT ST
465
9
AVE
9
EL VERANO AVE
ALMA ST
RAMONA AVE
414
9
EL VERANO AVE
RAMONA ST
BRYANT ST
426
9
ALMA ST
EL DORADO AVE
EL CARMELO AVE
912
9
WAVERLEY ST
EL DORADO AVE
EL CARMELO AVE
994
RAMONA
ROOSEVELT CIR
RAMONA CIR
961
10
CIRCLE
10
ROOSEVELT CIR
RAMONA ST
REDWOOD CIR
1871
ii
ALMA ST
ELY PLACE
FERNE AVE
1950
GREENMEADOW
ALMA ST
CREEKSIDE DR
396
11
WAY
GREENMEADOW
DUNCAN PLACE
CREEKSIDE DR
831
11
WAY
EASEMENT
DUNCUN PLACE
CREEKSIDE DR
DUNCAN PLACE
300
11
EASEMENT
11
FERNE AVE
ALMA ST
FERNE CT
262
EDGEWOOD
EDGEWOOD DRIVE
CHANNING AVE
1060
2
DRIVE
Page 17 of 29
Item 8: Staff Report Pg. 20 Packet Pg. 79 of 410
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Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
EDGEWOOD
DRIVE (CUL DE
(CUL DE SAC)
EDGEWOOD DRIVE
226
2
SAC)
EDGEWOOD
DRIVE (CUL DE
(CUL DE SAC)
EDGEWOOD DRIVE
230
2
SAC)
2
CHANNING AVE
WILDWOOD AVE
WEST BAYSHORE RD
823
ST FRANCISCO
EMBARCADERO RD
CHANNING AVE
102
2
DRIVE
SANDALWOOD
(CUL DE SAC)
CHANNING AVE
248
2
CT
3
ADDISSON AVE
CHANNING AVE
FIFE AVE
980
4
NEWELL RD
EMBARCADERO RD
CHANNING AVE
2028
NORTH
CALIFORNIA
COWPER ST
WEBSTER ST
374
5
AVE
MIDDLEFIELD
ASHTON AVE
EAST MEADOW DR
1471
7
RD
EAST MEADOW
COWPER ST
GROVE AVE
469
7
DR
7
ASHTON AVE
ASHTON CT
MIDDLEFIELD RD
406
7
MURDOCH DR
ASHTON AVE
ALGER DR
825
7
MURDOCH CT
MURDOCH CT
MURDOCH CT END
171
7
ALGER DR
COWPER ST
MURDOCH DR
379
7
COWPER ST
ALGER DR
EAST MEADOW DR
149
12
ILIMA CT
PARADISE WAY
LAGUNA AVE
806
13
AMES AVE
ROSS RD
LOUIS RD
911
13
RORKE WAY
AMES AVE
AMES AVE
1683
13
AMES CT
AMES AVE
END OF CUL-DE-SAC
191
TOTAL
36,324
Page 18 of 29
Item 8: Staff Report Pg. 21 Packet Pg. 80 of 410
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Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
Table 2: Feature Codes and Feature Capture -Positions
Feature Description Feature Code Feature Capture -Position
SURVEY REFERENCE POINT
Benchmark
BM
Back Site Point
BSPT
ROAD FEATURES
Back of Curb
BOC
Back of curb
Back of Rolling Curb
BORC
Back of rolling curb
Bridge, Edge
BREDGE
Edges of bridge outline
Back of Sidewalk
BSW
End pts. on straight alignment & every turning pt.
Back of Valley Gutter
BVG
At flow line
Crown of Street
CROWN
End pts. on straight alignment & every turning pt.
Ditch
DITCH
At flow line
Driveway
DWY
Edge of driveway both sides
Edge of Pavement
EOP
Both ends of the block and every turning pt.
Fence
FENCE
End pts. on straight alignment & every turning pt.
Flow Line
FL
End pts. on straight alignment & every turning pt.
Face of curb
FOC
End pts. on straight alignment & every turning pt.
Lip of Gutter
LOG
End pts. on straight alignment & every turning pt.
Loop Detector
LOOPDE
As needed
Street Monument
MONSTR
Center of lid/cover
Swale at Flow Line
SWALE
As needed
Traffic Speed Control
TRSPCN
As needed
Traffic Speed Donut
TRSPDON
As needed
Street Turn Around
TURNARO
As needed
Guard Rail
GUARDR
As needed
Parking Lot
PARKING
Edges of parking lot
Speed Bumps
SPEEDB
As needed
BUILDING
Building BLDG Building corners
WATER
Air Relief Valve
WTARV
Center of valve
Detector Check Valve
WTDCV
Center of valve
Fire Hydrant
WTFH
Center of hydrant at ground elevation
Water Main
WMAIN
End pts. on straight alignment & every turning pt.
Water Main Tapping Tee
WTTEE
Service connection point to main
Water Service
WTSVC
End pts. on straight alignment & every turning pt.
Water Valve - Main
WTVMAIN
Center of lid/cover
Water Valve - Service
WTVSVC
Center of lid/cover
Water Valve - Fire Hydrant
WTVFH
Center of lid/cover
Water Valve - Blow -Off
WTVBO
Center of lid/cover
Water Meter
WTM
Center of meter
GAS
Existing Anode Box
ANOBOX
Center of lid/cover
Gas Meter
GM
Center of meter
Gas Meter Curb
GMCURB
Center of valve
Gas Riser
GRISER
Front of riser perpendicular to main
Item 8: Staff Report Pg. 22 Packet Pg. 81 of 410
Page 19 of 29
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
ruing pt.
Feature Description
Feature Code
Feature C
Cz41ngin
Gas Main
GMAIN
End pts. on straight alig
Gas Main Tapping Tee
GTEE
Service connection point to main
Gas Service
GSVC
End pts. on straight alignment & every turning pt.
Gas Valve - Main
GVMAIN
Center of lid/cover
Gas Valve - Service
GVSVC
Center of lid/cover
WASTEWATER
Wastewater Main
WWMAIN
End pts. on straight alignment & every turning pt.
Wastewater Main Tapping Tee
WWTEE
Lateral connection point to main
Wastewater Lateral
WWLAT
End pts. on straight alignment & every turning pt.
Wastewater Clean Out
WWCO
Center of lid/cover
Wastewater Flushing Inlet
WWFI
Center of lid/cover
Wastewater Lamp Hole
WWLH
Center of lid/cover
Wastewater Manhole
WWMH
Center of lid/cover
ELECTRIC
Electrical Vault 1,2,3,4 Lids
ELVLT
Center of vault
Electrical Manhole
EMH
Center of lid/cover
Fiber Optic Manhole
FMH
Center of lid/cover
Fiber Optic Vault
FVAULT
Center of vault
Telephone MH
TELMH
Center of lid/cover
Telephone Vault
TEL VAULT
Center of vault
STORM DRAIN
Box Culvert
BOXCLV
Center line
Catch Basin
CB
Center of grate
SD Headwall
SDHW
As needed
SD Inlet
SDIN
As needed
SD Manhole
SDMH
Center of lid/cover
Contractor shall provide the City of Palo Alto the lists of all survey code and descriptions
not included in the table above.
Page 20 of 29
Item 8: Staff Report Pg. 23 Packet Pg. 82 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
EXHIBIT A-1 024190042
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions
of the Agreement referenced in Item lA below. All exhibits referenced in Item 8 are incorporated into this
Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A.
1 B.
2.
3.
4
MASTER AGREEMENT NO. (MAYBE SAME AS CONTRACT /P.O. NO. ABOVE):
TASK ORDER NO.:
CONSULTANT NAME:
PERIOD OF PERFORMANCE: START: COMPLETION:
TOTAL TASK ORDER PRICE: $
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $
BUDGET CODE
COST CENTE
COST ELEMENT
WBS/CIP
PHASE
CITY PROJECT MANAGER'S NAME & DEPARTMENT:
DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST 1NCLI TDE:
• SERVICES AND DELIVERABLES TO BE PROVIDED
• SCHEDULE OF PERFORMANCE
• MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
• REIMBURSABLE EXPENSES, if any (with "not to exceed" amount)
ATTACHMENTS: A: Task Order Scope of Services B (if any):
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:
Name
Title
Date
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME:
BY:
Name
Title
Date
Page 21 of 29
Item 8: Staff Report Pg. 24 Packet Pg. 83 of 410
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Item 8
Attachment A - Contract
with BKF Engineers;
EXHIBIT B C24190042
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed ("NTP") from the CITY.
Milestones
Completion Number of Days/Weeks (as
specified below) from NTP
1. Survey Control
1 Week
2. Data Collection for Defined Work Areas
30 Weeks
3. Deliverable Submittals for Defined Work
Areas
34 Weeks
® Optional Schedule of Performance Provision for On -Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on -call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on -call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
Page 22 of 29
Item 8: Staff Report Pg. 25 Packet Pg. 84 of 410
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EXHIBIT C
COMPENSATION
Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms
and conditions of this Agreement, and as set forth in the budget schedule below. Compensation
shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed
budget amount for each task set forth below.
CITY's Project Manager may approve in writing the transfer of budget amounts between any of
the tasks or categories listed below, provided that the total compensation for the Services,
including any specified reimbursable expenses, and the total compensation for Additional Services
(if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this
Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and
Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
TASK
NOT TO EXCEED AMOUNT
Task 1(Survey Work Services)
$265,000
Sub -total for Services
$265,000
Reimbursable Expenses (if any)
$0
Total for Services and Reimbursable Expenses
$265,000
Additional Services (if any, per Section 4)
$18,250
Maximum Total Compensation
$283,250
CONSULTANT'S ordinary business expenses, such as administrative, overhead,
administrative support time/overtime, information systems, software and hardware,
photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are: NONE up to the not -to -exceed amount of: $0.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals, if
specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto's
policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges, if specified as reimbursable, will be reimbursed at actual
cost.
Page 23 of 29
Item 8: Staff Report Pg. 26 Packet Pg. 85 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
All requests for reimbursement of expenses, if any are specified as re C24190042 this
section, shall be accompanied by appropriate backup documentation ana m orma ion.
Page 24 of 29
Item 8: Staff Report Pg. 27 Packet Pg. 86 of 410
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EXHIBIT C-1
SCHEDULE OF RATES
Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
Compensation for the base scope of work will be on a lump sum basis as described in Exhibit C.
Compensation for any Additional Services, if authorized, will be on an hourly basis, up to the not
to exceed amount for Additional Services specified in Exhibit C. CONSULTANT's schedule of
rates for any Additional Services is as follows:
Additional
Survey Work, if Authorized — Prevailing Wages Apply
ITEM
UNIT
QTY.
DESCRIPTION
UNIT COST
Hourly rate for a two -man survey crew
Optional
Hour
50
for additional survey work on an as-
$365/hour
needed basis.
Page 25 of 29
Item 8: Staff Report Pg. 28 Packet Pg. 87 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR
AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REOUIREMENTS AS SPECIFIED HEREIN.
MINIMUM LIMITS
REQUIRED
TYPE OF COVERAGE
REQUIREMENT
EACH
OCCURRENCE
AGGREGATE
YES
WORKER'S COMPENSATION
STATUTORY
STATUTORY
STATUTORY
YES
EMPLOYER'S LIABILITY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
BODILY INJURY
$1,000,000
$1,000,000
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE
$1,000,000
$1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
BODILY INJURY & PROPERTY
$1,000,000
$1,000,000
LIABILITY
DAMAGE COMBINED.
BODILY INJURY
$1,000,000
$1,000,000
- EACH PERSON
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
- EACH OCCURRENCE
$1,000,000
$1,000,000
INCLUDING ALL OWNED, HIRED,
PROPERTY DAMAGE
$1,000,000
$1,000,000
NON -OWNED
BODILY INJURY AND PROPERTY
$1,000,000
$1,000,000
DAMAGE, COMBINED
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
ALL DAMAGES
$1,000,000
APPLICABLE), AND NEGLIGENT
PERFORMANCE
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY
CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS'
COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL
INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONSULTANT'S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE
AT THE FOLLOWING EMAIL: PI TR CHASTNGSI TPPORT@.CTTYOFPALOAT.TO.ORG
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL
INSUREDS:
u.1I&SAiiTeI
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.
M IUII111
Page 26 of 29
Item 8: Staff Report Pg. 29 Packet Pg. 88 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATI C24190042 DER
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.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE
CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE
OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE
FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
PIJRCHA S1NGSHTPPORT@CITYOFPAI.OAI.TO.ORG
Page 27 of 29
Item 8: Staff Report Pg. 30 Packet Pg. 89 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
C24190042
EXHIBIT E
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition,
repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement
with CONSULTANT without proof that CONSULTANT and its listed subcontractors are
registered with the California Department of Industrial Relations ("DIR") to perform public work,
subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any,
to comply with all applicable requirements of the California Labor Code including but not limited
to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but
not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq.,
as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26
(Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT of the requirements of California Labor Code Section
1771.1(a), which reads:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject
to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of
any contract for public work, as defined in this chapter, unless currently registered and qualified
to perform public work pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and
Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract
is awarded."
This Project is subject to compliance monitoring and enforcement by DIR. All contractors must
be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors
must also be registered with DIR. No contractor or subcontractor may be awarded a contract for
public work on a public works project unless registered with DIR. Additional information
regarding public works and prevailing wage requirements is available on the DIR web site (see
e.g. http://www_dir_ca_gov) as amended from time to time.
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is
required to post all job site notices prescribed by law or regulation.
CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR)
in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8
CCR Section 16461).
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of
Labor Code Section 1776, including but not limited to:
Keep accurate payroll records, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively,
CONSULTANT and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available
Page 28 of 29
Item 8: Staff Report Pg. 31 Packet Pg. 90 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
with BKF Engineers;
for inspection at all reasonable hours at the principal office of CONSUII C24190042 ted
subcontractors, respectively.
At the request of CITY, acting by its Project Manager, CONSULTANT and its listed
subcontractors shall make the certified payroll records available for inspection or furnished upon
request to the CITY Project Manager within ten (10) days of receipt of CITY's request.
❑ CITY requests CONSULTANT and its listed subcontractors to submit the certified
payroll records to CITY's Project Manager at the end of each week during the Project.
If the certified payroll records are not provided as required within the 10 -day period, then
CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars
($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum
total of penalties from the progress payment(s) then due and payable to CONSULTANT.
Inform CITY's Project Manager of the location of CONSULTANT's and its listed subcontractors'
payroll records (street address, city and county) at the commencement of the Project, and also
provide notice to CITY's Project Manager within five (5) business days of any change of location
of those payroll records.
Eight (8) hours labor constitutes a legal day's work. CONSULTANT shall forfeit as a penalty to
CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT
or any subcontractor for each calendar day during which such worker is required or permitted to
work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar
week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through
1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor
in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted
upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours
per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in
Section 1815.
CONSULTANT shall secure the payment of workers' compensation to its employees as provided
in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file
with the CITY a statutorily prescribed statement acknowledging its obligation to secure the
payment of workers' compensation to its employees before beginning work (Labor Code 1861).
CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONSULTANT shall comply with the statutory requirements regarding employment of
apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will
be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage
and hour laws.
Page 29 of 29
Item 8: Staff Report Pg. 32 Packet Pg. 91 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 EXHIBIT F
Item 8
MUTCD ROLLING MOBILE TRAFFIC CONTR Attachment A - Contract
California MUTCD 2014 Edition age 1224
(FHWA's MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) with BKF Engineers;
024190042
Notes for Figure 6H-35Typical Application 35
Mobile Operation on a Multi -Lane Road
Standard:
1. Arrow boards shall, as a minimum, he Type B, with a size of 60 x 30 inches. For State highways, the
arrow boards shall, as a minimum, be type II, with a size of 72 x 36 inch. Refer to Caltrans' Standard
Specifications Section 12-3.03 for minimum size and type of arrow panels cited above. See Section 1A.11 for
information regarding this publication.
2. Vehicle -mounted signs shall be mounted in a manner such that they are not obscured by equipment or
supplies. Sign legends on vehicle -mounted signs shall be covered or turned from view when work is
not in progress.
3. Shadow and work vehicles shall display high -intensity rotating, flashing, oscillating, or strobe lights.
4. An arrow board shall be used when a freeway lane is closed. When more than one freeway lane is
closed, a separate arrow board shall be used for each closed lane.
Guidance:
5. Vehicles used for these operations should be made highly visible with appropriate equipment, such as flags,
signs, or arrow boards.
6. Shadow Vehicle I should be equipped with an arrow board and truck -mounted attenuator.
7. Shadow Vehicle 2 should be equipped with an arrow board. An appropriate lane closure sign should be
placed on Shadow Vehicle 2 so as not to obscure the arrow board.
8. Shadow Vehicle 2 should travel at a varying distance from the work operation so as to provide adequate
sight distance for vehicular traffic approaching from the rear.
9. The spacing between the work vehicles and the shadow vehicles, and between each shadow vehicle should be
minimized to deter road users from driving in between.
10. Work should normally be accomplished during off peak hours.
11. When the work vehicle occupies an interior lane (a lane other than the far right orfar left) of'a directional
roadway having a right-hand shoulder 10 feet or more in width, Shadow Vehicle 2 should drive the right-
hand shoulder with a sign indicating that work is taking place in the interior lane.
Option:
12. A truck -mounted attenuator may be used on Shadow Vehicle 2.
13. On high-speed roadways, a third shadow vehicle (not shown) may be used with Shadow Vehicle 1 in the
closed lane, Shadow Vehicle 2 straddling the edge line, and Shadow Vehicle 3 on the shoulder.
14. Where adequate shoulder width is not available, Shadow Vehicle 3 may also straddle the edge line.
Support:
15. For State highways, see Caltrans' Standard Plan 115 and 116. See Section 1A.1 1 for information regarding this
publication.
Chapter 6H — Typical Applications November 7, 2014
Part 6 — Temporary Traffic Control
Item 8: Staff Report Pg. 33 Packet Pg. 92 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
California MUTCD 2014 Edition AttachmentwitBKFEngineers;
contract age 1225
(FHWA's MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Lwith BKF
C24190042
Figure 6H-35. Mobile Operation on a Multi -Lane Road (TA -35)
Work vehicle
Truck-mounte
attenuator
(optional)
Shadow Vehicle
Truck -mounted
attenuator
Shadow Vehicle
Truck -mounted
attenuator
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Typical Application 35
LEFT
LANE
/ CLOSED J.
AHEAD
W20-5
Note: See Tables 6H-2 and
6H-3 for the meaning
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this figure.
Chapter 6H — Typical Applications
Part 6 — Temporary Traffic Control
November 7, 2014
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Item 8
Attachment A - Contract
EXHIBIT H with BKF Engineers;
C24190042
REQUIREMENTS FOR TRAFFIC CONTROL PLAN SU
A draft traffic control plan, consistent with the following applicable conditions, must be included in
every permit application submitted to the City of Palo Alto Public Works Department for projects that
involve work within the City right-of-way. The traffic control plan must be approved prior to the start
of work within the City right-of-way. The Public Works Department and the Planning and Community
Environment Department - Transportation Division may require additional measures of traffic control
or time -of -work restrictions on a case -by -case basis. Below are some guidelines for producing this
required plan:
General Traffic Control Plan Submission Requirements:
The Applicant shall submit traffic control plans to the Public Works Department for approval at
the time of the submission of the permit application. The Public Works Department may require
approval from other departments depending on the location, duration, and type of work to be
conducted. Additional requirements include, but may not be limited to the following:
Submitted traffic control plans shall include a schedule of construction showing each phase
of the Project and the anticipated method of handling traffic for each phase. The plan shall
include a to -scale drawing of the street, lane configuration (including all bicycle lanes), on -
street parking, and sidewalks relative to the Project area extended the furthest temporary
traffic control device. The location of signs, barricades, cones, etc., to warn, direct, and guide
the traffic shall be shown on the plan. The work shall not restrict visibility of any existing
traffic control devices, including traffic signals, signs, etc. Otherwise, temporary installation of
supplemental traffic control devices will be required.
2. The Applicant shall refer to the California Manual on Uniform Traffic Control Devices (CA-
MUTCD) and/or the Work Area Traffic Control Handbook (WATCH) for traffic control
planning. The plan shall meet the requirements for the speed limit of the street(s) affected,
or post temporary, reduced construction zone speed limits.
3. An electronic arrow board warning device may be required for shifting of traffic to the wrong
side of the road, merging of lanes on arterial roadways, and as otherwise required in the
approved traffic control plan.
4. All signs at the Project site shall conform to the most recent Caltrans standards and be of the
international symbol design whenever available.
5. The Applicant will be required to pay for any public off-street time -limited parking spaces,
within the University Avenue and California Avenue business districts or Stanford University
areas that will be rendered unusable to the public as a result of the Project. These permits
are available from the Public Works Department. This includes spaces to maintain traffic
lanes, for parking of construction vehicles during the work hours, or for issuing parking
permits to the parked vehicles displaced from their private parking spaces, etc. The proposed
use of parking spaces must be included in the draft traffic control plan.
6. The Applicant shall maintain one lane of traffic in each direction at all times on all streets.
The clear width of the lane shall be a minimum of 10 feet per lane, or 12 feet, if only one lane
is provided. Any required flagging operations shall conform to Caltrans standards for dress,
equipment and execution of this operation.
ev 6/30/16
Item 8: Staff Report Pg. 48 Packet Pg. 107 of 410
DocuSign Envelope ID: 357EA61 F-C766-4B78-B4C5-34E86277F4D3
Item 8
Attachment A - Contract
7. If the Project site does not conform to the approved traffic control plan
with BKF Engineers;
Police Department may take over the traffic control at the expense of t 024190042
Public Works Department and the Planning and Community Environment uepartment -
Transportation Division have the authority to issue a stop -work order if the Project site
violates minimum traffic safety standards.
Temporary Detours (Vehicle, Bicycle, and Pedestrian)
In general, the Applicant shall maintain all motor vehicle, pedestrian, and bicycle movements.
Total closures of arterials, collector streets, business district streets, driveways, or alleys will
normally not be permitted. Closures of designated bicycle boulevards and school routes, as
shown on adopted Walk and Roll Maps, will only be permitted on a case -by -case basis. Closure of
local streets may be permitted; however, the Applicant shall always maintain access to abutting
parcels and access for emergency vehicles.
8. A minimum four -foot -wide (4 -foot -wide) clear sidewalk shall be maintained at all times,
unless the Project makes closure unavoidable, in which case the sidewalk may be closed only
while working, subject to permit approval. An alternate pedestrian route may be required for
the duration of the closure. These alternate pedestrian routes shall conform to the
requirements of the California Building Code (CBC) and the U.S. Access Board Guidelines for
Public Rights -of -way. At intersections, work will be permitted on only one corner at a time in
order to maintain safe pedestrian movements through the intersection. Each crosswalk and
sidewalk, when interrupted by excavation, shall be provided with a safe pedestrian crossing
platform with handrails. Any damaged pavement markings shall be temporarily restored
prior to returning the area to the public use. Permanent restoration must be accomplished
within seven
(7) days of project completion.
9. Any Project that requires detouring bicycle traffic from bicycle boulevards and school routes,
as shown on adopted Walk and Roll Maps, shall provide a continuously -signed bicycle detour
route that does not require bicyclists to travel along a sidewalk, arterial, expressway, or
highway (i.e. El Camino Real). Temporary two-way bicycle paths must be a minimum of eight
(8) feet wide and approved by the Planning and Community Environment Department —
Transportation Division. Temporary one-way bicycle paths must be a minimum of six (6) feet
wide and approved by the Planning and Community Environment Department —
Transportation Division.
10. If Project will impact transit stops or transit routes, the traffic control plan should indicate
what actions will be taken to mitigate impacts on transit services such as providing
alternative/temporary transit stop locations, temporary wayfinding signage, and alternative
route locations suitable for oversized buses.
General Time Restrictions for Construction Activities
General work hours allowed are Monday through Friday, 8:00 AM to 6:00 PM, and Saturday 9:00
AM to 6:00 PM. Area specific time restrictions for temporary traffic control are considered on a
case by case basis; however the following restrictions are typically followed:
11. Work on arterial and collector streets will not be permitted between the hours of 7:00 and
9:00 AM and 4:00 and 6:00 PM. The streets include: Alma St, Arastradero Rd, Arboretum Dr,
California Ave, Channing Ave, Colorado Ave, E Bayshore Rd, E Charleston Rd, E Meadow Cir, E
ev 6/30/16
Item 8: Staff Report Pg. 49 Packet Pg. 108 of 410
DocuSign Envelope ID: 357EA61 F-C766-4B78-B4C5-34E86277F4D3
Item 8
Meadow Dr, Embarcadero Rd, Fabian Wy, Louis Rd, Middlefield Rd, Palo Attachment A -Contract
Alma St), San Antonio Rd, Sand Hill Rd, University Ave, Hansen Wy, Hilly with BKF Engineers;
Stanford Ave, Quarry Rd, W Charleston Rd, Bayshore Rd W Meadow Dr, C24190042
exceptions to these must be approved by both the Public Works Department and Planning
and Community Environment Department —Transportation Division.
12. Projects affecting motor vehicle, pedestrian or bicycle traffic in business districts is
generally only permitted between the hours of 9:00 AM and 4:00 PM. Business Districts are
generally considered to be the following areas:
• University Ave District (Downtown): bounded by Alma St, Webster Ave, Lytton Ave,
Forest Ave
• California Ave District: bounded by El Camino Real, Caltrain corridor, Sherman Ave
and Cambridge Ave
13. No work will be permitted within 1500 feet of school grounds or along school routes, as
shown on adopted Walk and Roll Maps, until after 8:45 AM on school days (see current
PAUSD School Year Calendar). Other special restrictions may be required at heavily used
school crossings or on school routes beyond the 1500 -foot distance, as deemed necessary
for student safety.
Public Notification
The Applicant shall notify the abutting property owners and tenants at least 72 hours before
commencing work on the project. If the driveway to any garage or parking area will need to be
closed for permitted construction work, the affected property owner or tenant shall be served
notice in writing regarding this necessary closure. Arrangements shall be made with this owner or
tenant to provide mitigation measures that are acceptable to them. Evidence of these negotiated
mitigation measures must be submitted with the draft traffic control plan. Additional notification
may be required by the Public Works Department, depending on the location and scale of the
project.
14. The Permittee is responsible for posting "No Parking -Tow Away" signs if temporarily
restricted parking is necessary. A minimum of 72 hours advance notification is required for
this posting. A sign must be placed at each affected parking space. A minimum of one inch
printed letters shall be used on the sign and provide the following information: (1) complete
date(s) and hours of parking closure, and (2) telephone number of Police Department for
inquiry of towed vehicles. The Police Department must be notified at the time of posting.
15. If the Project will impact school routes, as shown on adopted Walk and Roll Maps, the
Applicant will be required to contact school administrators and PTA officers to address
student access prior to submittal and approval of the draft traffic control plan.
16. If the project will impact transit stops or transit routes, the Applicant will be required to
contact AC Transit, Santa Clara Valley Transportation Authority, SamTrans, Stanford
University Parking and Transportation Services, the Planning and Community Environment
Department — Transportation Division, and/or any other affected transit operators to address
relocation of facilities or rerouting of buses prior to submittal and approval of the draft traffic
control plan. The draft traffic control plan shall indicate what actions will be taken to mitigate
impacts on transit services.
17. The Applicant may be required, at Applicant's cost, to hire Palo Alto police officers or a
ev 6/30/16
Item 8: Staff Report Pg. 50 Packet Pg. 109 of 410
DocuSign Envelope ID: 357EA61 F-C766-4B78-B4C5-34E86277F4D3
Item 8
Certified Traffic Control Contractor to direct traffic when working at si Attachment A -Contract s
A minimum of two police officers per intersection may be required. I With BKF Engineers; ill
primarily be enforced when: C24190042
a) equipment is intermittently blocking or crossing a travel lane,
b) only one travel lane is available for two-way traffic,
c) multiple movements are temporarily required to share the same travel lane,
d) working at multi -lane signalized intersections, and
e) traffic signals are inoperable, unsafe conditions, or capacity is significantly reduced
due to the project.
18. The above requirements are minimum, and do not limit the Applicant's responsibility and
liability for doing all that is practical and necessary to ensure the safety of workers,
pedestrians, bicyclists, and motorists. The Applicant shall conform to the required traffic
control conditions which are generally applicable to most common situations. Based on the
nature of a job, additional conditions or exceptions to the above conditions may be
necessary.
This publication is intended to be an informal means of informing the public about a City process.
Although it is assumed that the information provided is accurate, the sheet is not intended to create
any sort of legal obligation on the City's part. The actual process is governed by City code,
regulations and procedures, and the reader should make specific inquiry to the City for specific cases.
ev 6/30/16
Item 8: Staff Report Pg. 51 Packet Pg. 110 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
Palo Alto Unified School Di AttachmentA-Contract
with BKF Engineers;
SCHOOL YEAR CALENDAR FOR 2023 024190042
July
Important Dates
JANUARY 2024
M&H 16/E
17
S
M
T
W
T
F
S
First Day for 6 -12 Students
Aug 9 5 Teacher Work
Aug 10 First Day for K-5 Students
K-5 Students Return to Sc ld
Jan 8 6-12 Teacher Work Day
cr.hnnl fnr F_1- cti jd
Jan 9 r12 Students Return tool
May 30 ': Last Day of School !
S
M
•T
W
•T
F
S
------------i-
2
3
4
5
6
7
8
7
8 -'
9
10
11
12
13
9
10
11
12
13
14
15
14
±L
17
18
19
20
16
17
18
19
20
21
22
21
22
23
24
25
26
27
23/3024/31
25
26
27
28
29
28
29
30
31
AUGUST 2023 M&H16/E 15
FEBRUARY
2024 19 days
S
M T
W
T
F
S
SMTWTF
S
1
2
3
4
No School Days
123
6
D
•
9
1
1
4
5
6
7
8
9
10
Aug 21
Staff Development Day
13
14 15
16
17
18
—if
19
11
12
13
14
15
NS
17
Sept 4
Labor Day
20
S 22
23
24
25
26
Sept25
No School
18
H
20
21
22
23
24
27
28 29
30
31
Oct 9
Staff Development Day
25
26
27
28
29
SEPTEMBER
2023 19 days
Nov 10
Veterans Day observed
MARCH
2024 19
days
S
M
T
W
T
F
S
Nov 20-24
Thanksgiving Break
Winter Break
S
M
T
W
T
F
S
1
2
Dec 25 -
Jan 7&8
1
2
3
H
5
6
7
8
9
4
5
6
7
•
9
Jan 15
Martin Luther King Jr. Day
10
11
12
13
14
15
16
10
NS
12
13
14
15
16
Feb 16
No School
17
18
19
20
21
22
23
Feb 19
Washington's Birthday observed
17
18
19
20
21
22
23
24
NS
26
27
28
29
30
Mar 8
Staff Development Day
24/31
25
26
27
28
29
30
OCTOBER
2023 21 days
Mar 11
No School
APRIL 2024
17 days
S
M
T
W
T
F
S
Apr 1-5
Spring Break
S
M
T
W
T
F
S
1
2
3
4
5
6
7
May 27
Memorial Day
NS
NS
NS
NS
NS
6
8
10
11
12
13
14
Quarters/Semesters
7
8
9
10
11
12
13
15
16
17
18
19
20
21
Oct 13
End of 1st Quarter
End of 1St Trimester
End of 1st Semester 88 days - secondary
End of 2nd Quaff
End of 2nd Trimester
of 3rd Quarter
End of 2nd Semester 92 days - secondary
End of 3rd Trimester
End of 4th Quarter
14
15
16
17
18
19
20
22
23
24
25
26
27
28
21
22
23
24
25
26
27
Nov 3
Dec!
29
30
31
28
29
30
NOVEMBER 2023 16 days
MAY 2024
21
da s
y
S
M
T
W
T
F
S
Feb 23 I
Mar 15
May 30
S
M
T
W
T
F
S
1
2
3
4
1
2
3
4
5
6
7
8
9
H
11
5
6
7
8
9
10
11
12
13
14
15
16
17
18
12
13
14
15
16
17
18
19
NS
NS
NS
H
NS
25
19
20
21
22 23
29
24
25
26
27
28
29
30
Legend
26
H
28
DECEMBER 2023 16 days
JUNE
2024
I H Federal/State Holiday
NS No School
District Day
Teacher Work Day
Staff Professional Development Day
All Schools Minimum Day
Last day of School & Minimum Day
S
M
T
W
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S
S
M
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1
2
3
10
4
11
5
12
6
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1
3
4
5
6
7
8
9
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7
8
10
11
12
13
14
15
16
9
14
15
17
18
19
20
21
22
23
16
17
18
19
20
21
22
24/
31
H
NS
NS
NS
NS
30
23/
30
24
25
26
27
28
29
1 Adopted
Item 8: Staff Report Pg. 52 Packet Pg. 111 of 410
DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3
Item 8
act
Palo Alto Unified School DiwithAt ithBKFKF EngEngCeers;
wineers;
SCHOOL YEAR CALENDAR FOR 2024 C2419004z
JULY 2024
Important Dates
JANUARY
2025
M&H
18/E 19
S
M
T
W
T
F
S
S M
T
W
T
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S
' st Day for 6 -12 Students
Aug 14 Teacher Work Day
o school for K-5 students
Aug 15 First Day for K-5 Students
K-5 Students Return to School
Jan 6 6-12 Teacher Work Day
No school for 6-12 students
Jan 7 6-12 Students Return to School
Jun 5 : Last Day of School_
1
2
3
LH
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6
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23
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26
27
19 H
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23
24
25
28
29
30
31
26 27
28
29
30
31
AUGUST
2024 M&H13/E
12
FEBRUARY
2025
17 days
S
M
T
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S
M
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T
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S
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3
No School Days
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4
11
18
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ir
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Sept 9 Staff Development Day
2
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6
7
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10
11
12
LH
LH
15
Oct 14
Staff Development Day
16
H
18
19
20
21
22
Nov 11
Veterans' Day
25
26
27
28
29
30
31
23
24
25
26
27
28
Nov 25-29
Thanksgiving Break
SEPTEMBER
2024
19 days
MARCH
2025
19 days
Dec 23
Jan 5&6
Winter Break
S
M
T
W
T
F
S
S
M
T
W
T
F
S
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Martin Luther King Jr. Day
1
H
3
4
5
6
7
1
Feb 13
Local Holiday
8
10
11
12
13
14
2
3
4
5
6
8
Feb 14
Local Holiday
15
16
17
18
19
20
21
9
LH
11
12
13
14
15
Feb 17
Washington's Birthdayobserved
22
23
24
25
26
27
28
16
17
18
19
20
21
22
Mar 7
Staff Development Day
29
30
23/30
24/31
25
26
27
28
29
Mar 10
Local Holiday
OCTOBER
2024
22 days
APRIL
2025
17 days
Apr 7-11
Spring Break
S
M
T
W
T
F
S
May 26
Memorial Day
S
ML
T
F
S
1
2
3
4
5
1
2
3
4
5
Quarters/Semesters
6
7
8
9
10
11
12
6
LH
LH
LH
LH
LH
12
Oct 11 End of 1St Quarter
Nov 8 End of 1st Trimester
End of 1St Semester 84 days - secondary
Dec 20
End of 2nd Quarter
Feb 21 End of 2nd Trimester
13•15
16
17
18
19
13
14
15
16
17
18
19
20
21
22
23
24
25
26
20
21
22
23
24
25
26
27
28
29
30
31
27
28
29
30
NOVEMBER
2024
15 days
MAY
2025
21 days
S
M
T
W
T
F
S
Mar 21
End of 3rd Quarter
S
M
T
W
T
F
S
1
2
End of 2nd Semester 96 days - secondary
Jun 5 End of 3rd Trimester
End of 4th Quarter
1
2
3
3
4
5
6
7
8
g
4
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6
7
8
9
10
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H
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Legend
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LH
LH
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25
H
27
28
29
30
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H
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Local Holiday
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Teacher Work Day
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Last day of School & Minimum Day
DECEMBER
2024
15 days
LH
JUNE
2025
4
days
SMTWTF
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LH
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24
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Item 8: Staff Report Pg. 53 Packet Pg. 112 of 410 Adopted
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Item 9 Staff Report
City Council
Staff Report
From: City Manager
CITY O F Report Type: CONSENT CALENDAR
PALO Lead Department: Public Works
ALTO Meeting Date: April 22, 2024
Report #:2402-2683
TITLE
Approval of a Five -Year Technical Assistance Agreement with the United States Geological
Survey in an Amount Not -to -Exceed $924,745 for Scientific Monitoring Services at the Regional
Water Quality Control Plant Outfall and Horizontal Levee Pilot Project Site (WQ-22001); CEQA
Status- Categorically Exempt Section 15306
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute a technical assistance agreement with the United States Geological Survey in the
amount not -to -exceed $924,745 over five years for monitoring services. Services will include
the continuation of a decades -long study of metals concentrations at the outfall of the Regional
Water Quality Control Plant and required monitoring and habitat utilization studies in
conjunction with the Horizontal Levee Pilot Project (WQ-22001).
BACKGROUND
The City of Palo Alto owns and operates a Regional Water Quality Control Plant (RWQCP)
serving the communities of Los Altos, Los Altos Hills, Mountain View, Palo Alto, Stanford, and
East Palo Alto Sanitary District, and manages an award -winning Watershed Protection Program
with the goal of preventing pollution to the San Francisco Bay. The RWQCP has partnered with
the United States Geological Survey (USGS) on an on -going study since the 1970s, when the
RWQCP outfall was identified as a point source for elevated metals concentrations that were
found in the tissues of mud -dwelling invertebrates, such as clams and worms.' Concentrations
of metals were elevated due to inputs from the RWQCP effluent, but with the implementation
of more advanced wastewater treatment and pollution prevention programs, these pollutants
declined drastically in the 1980s, continued to decline through the 1990s, and have remained at
low levels since. The City continued this study, which is one of the largest datasets of its kind,
1 Near -Field Receiving -Water Monitoring of Trace Metals and a Benthic Community Near the Palo Alto Regional
Water Quality Control Plant in South San Francisco Bay, California, https://pubs.usgs.gov/publication/ofr20231017
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and continued to assess ecosystem health and support related regulatory permit compliance at
the RWQCP.
Separately, the City secured Environmental Protection Agency grant funding and executed an
agreement with the Association of Bay Area Governments (ABAG) to build a horizontal levee
pilot system to the east of the RWQCP along the Bay margin. The Horizontal Levee Pilot Project
is a collaboration with ABAG's San Francisco Estuary Partnership, which will administer the
project construction, and other partner groups and institutions. It is the first project of its kind
to construct a horizontal levee that directly connects to the Bay and is irrigated with treated
wastewater. The project will pilot a "nature -based solutions" approach to buffer against the
impacts of sea level rise and increased storm surges, and provide high quality habitat for marsh
species that otherwise face shrinking habitat as sea level rises. Post -construction monitoring is
required as part of resource agency construction permits, and to answer questions that will be
of regional importance for sea level rise planning.
ANALYSIS
The technical assistance agreement with USGS (Attachment A) will continue a decades -long
study of trace metal concentrations in sediment and clam tissues at the outfall of the RWQCP,
currently conducted under Joint Funding Agreement 21NKJFA1412. It will also fulfill new post -
construction monitoring requirements over the next five years for the Horizontal Levee Pilot
Project. The agreement scope includes:
1. Continued Legacy Research (1977 -present) — Monitoring contaminants in the benthic
community (clam and sediment study):
This long-term study looks at trace metals such as chromium, copper, silver, mercury,
selenium, nickel, aluminum, and iron in the sediment and tissues of clam species at the
outfall of the RWQCP and a control location. It also profiles the benthic community
structure and examines concentrations of trace metals (notably silver and copper) in
sediment and tissue samples collected from clams at the RWQCP outfall. The City of
Palo Alto has partnered with the USGS on this effort since 1977 and this contract would
extend this effort from 2024-2029. Data from this long-term dataset has been used in
the past to support permit compliance and regulatory development, and will be used in
the future as the RWQCP brings online large capital projects such as the Secondary
Treatment Upgrades Project.
z U.S. Department of the Interior, U.S. Geological Survey Joint Funding Agreement for Water Resource
Investigations, Agreement # 21NKJFA141, May 1, 2021 to April 30, 2024;
https://www.cityofpaloalto.org/files/assets/public/v/3/pu blic-works/staff-reports-all/2024/21nk'fa 141-final-
signed-contract-usgs.pdf
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2. New Monitoring for the Horizontal Levee Pilot Project (HLPP):
New monitoring is required for the HLPP after construction is finished in 2025.
Information gained from this project will be of regional importance and will inform the
building of horizontal levees, habitat enhancements, and the beneficial use of
wastewater in future projects throughout the Bay Area. Monitoring requirements during
the agreement term will include:
• Wetland monitoring to fulfill resource agency HLPP construction permit
requirements, including effluent water quality and volumes, slope stability,
vegetation establishment, habitat types, conversion of adjacent marsh vegetation,
and presence of invasive plants. This component of the HLPP is required by the San
Francisco Bay Regional Water Quality Control Board, United States Army Corps of
Engineers, California Department of Fish and Wildlife, and the San Francisco Bay
Conservation and Development Commission.
• Post -construction assessment of salt marsh harvest mouse habitat use and food
resources. This five-year study will determine the presence of the salt marsh harvest
mouse, an endangered species, in the project area and at a reference site, and how
its available food and shelter resources are utilized as the HLPP develops over time.
This study will identify how horizontal levees, such as the HLPP, provide a benefit to
the salt marsh harvest mouse, e.g., by providing additional cover during high tides,
better food resources, and/or enhanced nesting habitat.
FISCAL/RESOURCE IMPACT
The HLPP project construction is included in the City's Capital Improvement Budget as Project
Number WQ-22001. Over the five-year term of the USGS contract, $494,035 will be funded by
the Watershed Protection Operating Budget and $430,710 will be funded by WQ-22001. The
legacy monitoring will continue to be funded in full by the Watershed Protection Operating
Budget. The HLPP monitoring will be funded jointly through the WQ-22001 and the Watershed
Protection Operating Budget. Funding for the first year of this contract is available in the Fiscal
Year 2024 Adopted Wastewater Treatment Fund operating budget, and the Fiscal Year 2024
Adopted Wastewater Treatment Fund Horizontal Levee Pilot Capital project (WQ-22001).
STAKEHOLDER ENGAGEMENT
USGS legacy monitoring has not included stakeholder engagement since it is an ongoing,
decades -long study. The new USGS monitoring requirements for the HLPP have been
referenced in general terms as part of the much broader and extensive outreach for the HLPP
design and construction which has included 20 stakeholder engagement activities such as
community events, and presentations to local non -governmental organizations, and to the
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Parks and Recreation Commission. Council adopted a Park Improvement Ordinance and
approved the agreement with ABAG on January 22, 2024.3
ENVIRONMENTAL REVIEW
This project is exempt from review under the California Environmental Quality Act (CEQA)
under section 15306 of the CEQA Guidelines (information collection).
Additionally, under this contract, the USGS will obtain permits/permit coverage determinations
from the United States Fish and Wildlife Service and California Department of Fish and Wildlife
prior to any fieldwork.
ATTACHMENTS
Attachment A: Technical Assistance Agreement with the US Geological Survey
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
3 City Council Special Meeting, Monday, January 22, 2024, Agenda Item #5, Staff Report 2303-1230
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82647
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Attachment A -Technical
USGS FBMS # (FOP 11.2 A) 24 Assistance Agreement
TAA Template April 2023 ARS # ith US Geological Surve
TECHNICAL ASSISTANCE AGREEMENT
This Technical Assistance Agreement is entered into by and between U.S. Geological Survey, a
Bureau of the Department of the Interior, through the offices of its Western Ecological Research
Center, Sacramento, CA, hereinafter referred to as the "USGS" and The City of Palo Alto, Palo
Alto, CA, hereinafter referred to as "Collaborator." USGS and Collaborator are sometimes
herein referred to as a "Party" and collectively as the "Parties."
Whereas, the USGS is authorized to perform technical assistance with other Federal agencies,
units of State or local government, industrial organizations, private corporations, public and
private foundations, and nonprofit organizations (including universities) under the Stevenson-
ydler Act (15 U.S.C. § 3710a(b)(3)(A), as amended);
Whereas, the USGS has a mission in conducting scientific investigations on the Nation's
ecosystems and resources and has need of assessing the outcomes of novel restoration actions to
support this mission;
Whereas, Collaborator has a restoration site, the Palo Alto Horizontal Levee Pilot Project and has
need of USGS expertise in documenting the multiple ecosystem benefits of using horizontal
levee as green infrastructure rather than manmade structures including: assessment of tidal marsh
processes, salt marsh harvest mouse live -trapping and habitat use as well as monitoring of legacy
contaminants, benthic community and bacterial pathogens;
Whereas, the project entitled "The Palo Alto Horizontal Levee Pilot Project: Post- Restoration
Science and Monitoring" is intended by the Parties to be mutually beneficial and to benefit the
people of the United States;
Now, therefore, the Parties hereto agree as follows:
1. Statement of Work. See attached Statement of Work (SOW) (Attachment A), incorporated
by reference herein.
2. Principal Investigator. The USGS principal investigators (Pls) for this Project are Susan De
La Cruz, sdelacruz@usgs.gov, 707-562-2004; PO Box 158 Moffett Field, CA 94035; Karen
Thorne, kthorne@usgs.gov, 916-502-2996, One Shields Ave. Davis, CA 95616; and Marie-
Noele Croteau, mcroteau@usgs.gov, 650-329-4424, PO Box 158 Moffett Field, CA 94035. The
PI for the Collaborator is Elise Sbarbori, Elise.Sbarbori@CityofPaloAlto.org, (650) 496-5958,
and 1900 Embarcadero Road, Suite 205, Palo Alto, CA 94303. In the event that a PI is unable to
continue in this project, the sponsoring agency will make every effort to substitute a replacement
acceptable to the other Party.
3. Title to Equipment. There will be no joint property purchased as a result of the work
outlined in the SOW. Each Party will provide its own equipment necessary to support its
participation in the technical evaluation.
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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Item 9
Attachment A -Technical
USGS FBMS # (FOP 11.2 A) 24 Assistance Agreement
TAA Template April 2023 ARS # ith US Geological Surve
4. Term. The technical assistance contemplated by this Agreement will commence on the
effective date of this Agreement. The effective date of this Agreement shall be the later date of
(1) 5/1/2024 or (2) the date of the last signature by the Parties. The expiration date of this
Agreement shall be 4/30/2029. The Agreement may be extended by mutual written agreement of
the Parties.
5. Funding.
The total budget is $924,745 and is intended to include work conducted by four different USGS
Science Centers:
• USGS Western Ecological Research Center, San Francisco Bay Estuary Field Station (De
La Cruz and Woo): $324,216
• USGS Western Ecological Research Center, Davis Field Station (Thorne and
Buffington): $270,529
• USGS Geology Minerals Energy and Geophysics Science Center (Croteau): $ 173,000
• Water Mission Area (Parchaso): $82,000
• Upper Midwest Water Science Center (Givens): $75,000
(a) The Collaborator will provide an estimated $924,745.00 in funds -in to the project. The
Collaborator is providing in -kind services valued at $0.
(b) The USGS requires an advance of $0.
(c) This agreement has been negotiated to be paid based on expenses incurred. The USGS will
submit invoices to the Collaborator's administrative contact, identified in Section 9.d., on a
quarterly basis. Invoices not paid within 60 days from date of bill for Local and State
Government customers will bear Interest, and other fees required by Federal Law, at the annual
rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the
U.S. Treasury.
(d) The USGS is providing in -kind services valued at $ 12,500 to the collaboration, including PI
salary for science project direction and design.
6. Termination. This Agreement may be terminated by either Party on 30 days written notice
to the other. In the event of an early termination, the USGS shall be reimbursed for any
completed work or work in progress on the Effective Date of Termination (i.e., when the
Agreement actually terminates following the receipt of written notice from the other Party). Any
unspent advanced funds will be returned to Collaborator. The USGS shall also supply a copy of
the evaluations completed as of the Effective Date of Termination in the event of an early
termination of the project.
7. Publications/Reports.
(a) Each Party is free to publish the non-proprietary or non -confidential information
and data developed in the performance of this agreement. Before a Party submits the information
and data for publication or otherwise intends to publicly release or disclose scientific information
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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Attachment A -Technical
USGS FBMS # (FOP 11.2 A) 24 Assistance Agreement
TAA Template April 2023 ARS # ith US Geological Surve
and data that is jointly developed, the Party shall have a review period of Fifteen (15) business
days to ensure that the draft publication or presentation does not contain Confidential or
Proprietary Business Information. Upon expiration of the review period with no comments
received from the other Party, the first Party will proceed with submission of the publication and
presentation. The review period is provided as a courtesy to review the publications or
presentations to ensure confidential or proprietary information is not disclosed and ensure that
there is not inadvertent release of such information that could be used for a patent or invention
application. All comments provided within the review period will be forwarded to the contacts
identified in Section 9. The Parties acknowledge that scientific information and data developed
as a result of the SOW are subject to applicable USGS Fundamental Science Practices (FSP)
review, approval, and release requirements, which are available in Survey Manual Chapter
(SMC) 502.4, Fundamental Science Practices: Review, Approval, and Release of Information
Products. The USGS is required to provide timely public access to the results of this scientific
information and data unless it contains sensitive, protected information. Data and associated
metadata will be open format and publicly accessible. The data and metadata will also be open
access and machine readable in accordance with USGS FSP requirements available in SMC
502.7, Fundamental Science Practices: Metadata for USGS Scientific Information Products
Including Data and SMC 502.8, Fundamental Science Practices: Review and Approval of
Scientific Data for Release.
(b) Under the authority of 15 U.S.C. § 3710a (c)(7)(B), as amended, the Parties will have the
opportunity, as part of the technical assistance, to identify protected research and development
information, which is defined as information generated by the research which would have been
proprietary information had it been obtained from a non -Federal entity. Each Party may
designate as protected research and development information, any information generated by its
own employees, and with the Agreement of the other Party, mark any information produced by
the other Party's employees. Such protected research and development information shall be
exempt from disclosure under 5 U.S.C. § 552(b)(4). After the protected research and
development information period has expired, the USGS may publish the results of the research
as part of open literature (journal and proceeding articles) or as USGS open file reports.
(c) Generated information and results which have been created and marked as protected research
and development information may be protected from release or disclosure for a period of two (2)
years, unless an earlier date is agreed upon by the Parties.
8. Proprietary Information/Intellectual Property/Background Intellectual Property.
No intellectual property is expected as a result of the research/technical effort.
9. Notices.
Any notice required to be given or which shall be given under this Agreement shall be in writing
and delivered by first-class mail to the Parties as follows:
(a) USGS Administrative Contact Information:
Helen Knepp
USGS Western Ecological Research Center
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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M USGS
TAA Template April 2023
Item 9
Attachment A -Technical
FBMS # (FOP 11.2 A) 24 Assistance Agreement
ARS # ith US Geological Surve
hknepp@usgs.gov; 279-782-3589
3020 State University Drive. Modoc Hall, Suite 4004, Sacramento, CA
95819
(b) USGS Technical Contact Information:
Isa Woo
PO Box 158, Moffett Field, CA 94035-0158
iwoo@usgs.gov
707-562-2001
https://www. usgs.gov/centers/werc
(c) USGS Financial Contact Information:
Helen Knepp
3020 State University Drive, Modoc Hall Suite 4004 Sacramento, CA
95819
hknepp@usgs.gov
279-782-3589
USGS UEl: NJQMLNG5L8A5
USGS Tax ID: 53-0196958
(d) Collaborator Administrative Contact Information:
Elise Sbarbori
1900 Embarcadero Road, Suite 205, Palo Alto, CA 94303
Elise.Sbarbori@CityofPaloAlto.org
(650) 496-5958
(e) Collaborator Technical Contact Information:
Elise Sbarbori
1900 Embarcadero Road, Suite 205, Palo Alto, CA 94303
Elise.Sbarbori@CityofPaloAlto.org
(650) 496-5958
Click or tap here to enter text.
(f) Collaborator Financial Contact Information:
Elise Sbarbori
1900 Embarcadero Road, Suite 205, Palo Alto, CA 94303
Elise.Sbarbori@CityofPaloAlto.org
(650) 496-5958
94-6000389
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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Attachment A -Technical
USGS FBMS # (FOP 11.2 A) 24 Assistance Agreement
TAA Template April 2023 ARS # ith US Geological Surve
10. Independent Entity.
For purposes of this Agreement and all research and services to be provided hereunder, each
Party shall be, and shall be deemed to be, an independent Party and not an agent or employee of
the other Party. Each Party shall have exclusive control over its employees in the performance
of the work. While in field locations, a Party's employees shall adhere to the safety and
technical requirements imposed by the Party controlling the work site.
Neither Party shall have authority to make any statements, representations, or commitments of
any kind, or take any action, which shall be binding on the other Party, except as may be
explicitly provided for herein or authorized in writing. Neither Party may use the name of the
other in advertising or other forms of publicity without the written permission of the other.
11. Governing Law/Liability.
(a) This Agreement is subject to interpretation under applicable State and Federal laws. Where
there is inconsistency between the laws, Federal law is controlling. Each Party agrees to be
responsible for the activities, including the negligence, of their employees. The USGS
responsibility for the payment of claims for loss of property, personal injury, or death caused by
the negligence or wrongful act or omission of a USGS employee, while acting within the scope
of their employment, is limited to provisions of the Federal Tort Claims Act, 28 USC §§ 2671-
80.
(b) The USGS and the Collaborator make no express or implied warranty as to the conditions of
the research, merchantability or fitness for a particular purpose of the research, data, or resulting
product incorporating data developed and exchanged under the SOW. These provisions shall
survive the termination of the Agreement.
(c) The USGS shall not indemnify Collaborator or any third party against any liabilities, costs,
attorney's fees, expenses, damages and losses (including any direct, indirect or consequential
losses, loss of profit, loss of reputation and all interest, penalties, and legal costs and all other
professional costs and expenses suffered or incurred by Collaborator or any third party arising
from the work conducted under this technical assistance agreement.
12. Force Majeure.
Neither Party shall be liable for any unforeseeable event beyond its control, not caused by the
fault or negligence of such Party, which causes such Party to be unable to perform its obligations
under this Agreement, and which it is unable to overcome by the exercise of due diligence
including, but not limited to, flood, drought, earthquake, storm, fire, pestilence, lightning, and
other natural catastrophes; epidemic, war, riot, civil disturbance, or disobedience; strikes, labor
disputes, or failure, threat of failure, or sabotage; or any order or injunction made by a court or
public agency. In the event of the occurrence of such a force majeure event, the Party unable to
perform shall promptly notify the other Party. It shall further use its best efforts to resume
performance as quickly as possible and shall suspend performance only for such period of time
as is necessary as a result of the force majeure event.
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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1JS3S Attachment A -Technical
FBMS # (FOP 11.2 A) 24 Assistance Agreement
TAA Template April 2023 ARS # ith US Geological Surve
13. Entire Agreement.
This Agreement contains all of the terms of the Parties and supersedes all prior Agreements and
understandings related thereto. This Agreement can be changed or amended only by a written
instrument signed by the Parties. Due to the specialized nature of the work, this Agreement is
non -assignable by both Parties.
14. Disputes.
The signatories to this Agreement shall expend their best efforts to amicably resolve any dispute
that may arise under this Agreement. Any dispute that the signatories are unable to resolve shall
be submitted to the Director of the USGS or his/her designee and the City of Palo Alto, Public
Works Department of the Collaborator or his/her designee for resolution. If no resolution is
reached, the Parties agree that the courts of the United States shall have jurisdiction over any
claims arising out of work under this agreement.
15. Miscellaneous Provisions.
(a) Anti -Deficiency Act. Pursuant to the Anti -Deficiency Act, 31 U.S.C. § 1341 (a)(1)(A) and
(B) and 31 USC § 1517(a), nothing herein contained shall be construed as binding the USGS to
expend in any one fiscal year any sum in excess of its appropriations or funding in excess or
what it has received for the collaborative work outlined in the SOW or involving the Federal
government in any obligation to pay money before funds have been appropriated for that purpose
unless otherwise allowed by law.
(b) Import/Export. The use and dissemination of Information and materials exchanged under this
Agreement will be in accordance with all U.S. laws and regulations, including those pertaining to
national security and export control. Nothing in this Agreement shall be construed as a license to
export Information or to permit any disclosure in violation of law, regulation, or Department of
Interior policy. The exporting Collaborator is responsible for obtaining any export licenses that
may be required by U.S. Federal law.
(c) Third Parties. The Parties acknowledge and agree to allow disclosure of Proprietary
Information or Background Intellectual Property to third parties (such as, students, contractors,
subcontractors and or consultants) or external collaborators for the purposes of carrying out this
Agreement. If a Party engages a new third party to perform any portion of the SOW after the
Effective Date of this Agreement, such Party will notify the other Party and provide information
about the third -Party involvement within 7 days of engagement. No contractors shall be listed as
ineligible in the System for Award Management (sam.gov), unless waived by the Department of
the Interior. However, these participants are not Parties to the Agreement. The Parties agree that
they will comply with and advise any third parties they have engaged to conduct the Agreement
activities to comply with, all applicable Executive Orders, statutes, and regulations. The Parties
agree that they will ensure that third party participants are under written obligation not to disclose
Proprietary Information or Background Intellectual Property, except as required by law or court
order, before the third parties have access to any Proprietary Information or Background
Intellectual Property. No foreign personnel shall be engaged by the Collaborator as a contractor,
consultant, grantee or third -party collaborator for the performance of any work under this TAA
without first identifying the individual, his country of origin, and the work to be performed to
USGS so that USGS may determine whether the agency requires advanced approval by an
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authorized agency official before working with the foreign contractor, consultant, grantee or
third -party collaborator, and whether any data, technology or products shared with or used by a
foreign contractor, consultant, grantee or third -party collaborator as part of the technical
assistance under this agreement are in accordance with all U.S. laws and regulations, including
national security export controls and U.S. Department of State regulations and policies.
16. Survivability.
The following provisions shall survive the termination of this Agreement: 7.
Publications/Reports, 8. Proprietary Information/Intellectual Property/Background Intellectual
Property and 14. Disputes.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the last
date listed below.
U.S. GEOLOGICAL SURVEY
Name: A. Keith Miles
Title: WERC Center Director
Date:
COLLABORATOR
By:
Name: Ed Shikada
Title: City Manager
Date:
Attest:
By:
Name: Brad Eggleston
Title: Public Works Director
Date:
APPROVED AS TO FORM:
By:
Name: Caio Arellano
Title: Chief Assistant City Attorney
Date:
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Attachment A: Statement of Work
The Palo Alto Horizontal Levee
Pilot Project:
Post- Restoration Science and
Monitoring
May 1, 2024 - April 30, 2029
Research Team:
• Susan De La Cruz and Isa Woo: USGS Western Ecological Research Center, San
Francisco Bay Estuary Field Station
• Karen Thorne and Kevin Buffington: USGS Western Ecological Research Center, Davis
Field Station
• Marie-Noele Croteau: USGS Geology Minerals Energy and Geophysics Science Center
• Francis Parchaso: USGS Water Mission Area
• Carrie Givens: USGS Upper Midwest Water Science Center
I. BACKGROUND/INTRODUCTION:
The City of Palo Alto is leading a Palo Alto Horizontal Levee Pilot Project (PAHLPP) at the
Palo Alto Baylands Nature Preserve. This innovative pilot project is intended to use green
infrastructure rather than hard grey structures to promote multiple ecosystem benefits including
wind/wave attenuation, flood protection, and use of treated wastewater for plant irrigation in
addition to enhancing marsh -upland transition zone habitat and high tide refugia for tidal marsh
inhabitants. The horizontal levee may include freshwater marsh, wet meadows, and
riparian/scrub ecosystems. This restoration will transition into a brackish marsh zone that
transitions into the salt marsh of the adjacent Harbor Marsh. This project will restore a rare
habitat type in the San Francisco Bay estuary and also provide flood protection and human
recreation opportunities. Furthermore, a gentle sloping transition zone will also enhance the
ability to enhance marsh resiliency to sea level rise.
Additionally, USGS scientists will monitor metals, bacterial pathogens, and the benthic
macroinvertebrate community at an intertidal site near the PAHLPP and near the outfall of the
Palo Alto Regional Water Quality Control Plant (RWQCP). The latter site has been monitored
for the last 30 years. Initially, exceptionally high concentrations of copper and silver were found
in mud -dwelling animals, and the RWQCP was identified as a point source for these metals. The
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elevated metal concentrations also coincided with reduced reproductive activity in resident clams
(Limecola petalum, formerly Macoma balthica and Macoma petalum), and the benthic
community showed signs of environmental stress. Metal concentrations in both sediments and
clams have declined significantly in the 1980s as the Palo Alto RWQCP implemented more
advanced wastewater treatment and source control programs. Since the 1990s, metal
concentrations have continued to slowly decrease and even stabilize, except for silver, which
continues to be 2-3 times higher than the regional background. Overall metrics suggest improved
environmental conditions at the site. Continued efforts to document changes in pollutant
concentrations, forms, and types over time is critical to assess ecosystem health.
II. PURPOSE:
The overall purpose of this agreement is to provide technical assistance to the City of Palo Alto to
quantify the effectiveness of the PAHLPP restoration in comparison to appropriate reference sites.
These assessments are focused on assessing the habitat for endangered species such as the salt
marsh harvest mouse (SMHM; Reithrodontomys raviventris) presence and habitat functions;
monitoring of benthic community for bacterial pathogens and contaminants; and understanding
tidal marsh processes in terms of elevation, channel morphology, and vegetation. The science and
monitoring will be conducted by four USGS Science Centers with the following 3 objectives.
III. OBJECTIVES:
Our objectives are divided into three components: 1) Determining Salt Marsh Harvest Mouse
presence and assessing habitat function for seed resources and high tide refugia; 2) Monitoring
of contaminants and pathogens; 3) Understanding wetland processes (elevation, vegetation).
These objectives will be addressed in the following three studies.
Study 1: Determine Salt Marsh Harvest Mouse presence and assess habitat
function for seed resources and high tide refugia (Woo and De La Cruz)
The SMHM is an endangered species that is endemic to the San Francisco Estuary. Many
Federal, state, and regional management, recovery, or restoration plans have emphasized the
importance of habitat restoration and enhancement for SMHM recovery; yet few studies have
addressed the direct benefits of these management actions for SMHM. Most studies on SMHM
focus on SMHM presence either by live trapping or via fecal pellets with subsequent genetic
analyses to identify species (Aylward et al. 2023). Yet, species presence alone provides limited
information on how individuals use or benefit from specific restoration actions. Here, we
propose a step -wise and methodical approach in assessing critical habitat functions in terms of
food and habitat resources for SMHM. This study dovetails with UC Davis proposed work on
fecal pellets for SMHM detection. We propose a tiered approach to assess the effectiveness of
the PAHLPP at augmenting food resources and providing high tide refugia for SMHM using the
Opportunity, Capacity, and Realized Function framework set forth by Simenstad and Cordell
(2000) and used by USGS to characterize restoration effectiveness at the Nisqually River Delta
(Ellings et al. 2016, Davis et al. 2018, Woo et al. 2018). Opportunity is defined by habitat
suitability which will be measured by SMHM live trapping for presence. Capacity is defined by
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the restoration's production of food resources (i.e., seed quantity, diversity, and biomass per unit
area during fall). Realized Function is the integration of Opportunity and Capacity in terms of
evidence that SMHM is consuming the additional food resources provided by the restoration.
Evidence that SMHM is consuming food from the PAHLPP will be measured by reconstructing
diet from droppings (saved from live trapped individuals). Habitat functions in terms of high
tide refugia will also be quantified via focal observations of predation during king tide events.
Task 1.1 Opportunity: SMHM Presence
Opportunity is defined by habitat suitability
which will be measured by SMHM live
trapping for presence.
Task 1.1 a. Does the PAHLPP provide habitat
for Salt Marsh Harvest Mouse measured by
live -trapping?
A single pre -restoration small mammal
trapping session occurred in Fall 2023 and
will be repeated annually for post -restoration
comparisons. Our study sites will be focused
on the PAHLPP site and adjacent marshes
and a reference site north of PAHLPP
(Figure 1). Droppings will be collected and Figure 1. The Palo Alto Horizontal Levee Pilot Project and
archived for later analyses of diet (via dietary reference site to compare Salt Marsh Harvest Mouse
DNA). Salt marsh harvest mouse surveys presence and food resources.
will be led by permitted biologist (State
permit: Woo SC -183120006. Federal Permit USGS: TE020548-15). All SMHM protocols will
be followed.
Task 1.2: Habitat Capacity
Task 1.2a. Does PAHLPP produce food resources for SMHM?
We will quantify the availability of seed resources in the PAHLPP compared to nearby reference
site as a metric of the restoration's structural capacity to provide food resources. This survey
will be conducted after the SMHM trapping session, annually in the Fall, so that any diet
information gathered during live -trapping can be related to the on -site production of seed
resources, and later analyses of consumption (via dietary DNA analyses on droppings, currently
not funded).
Task 1.2b. Does PAHLPP provide plant cover compared to reference?
We will assess the pre- and post- restoration habitat of the PAHLPP to provide plant cover
during king tide events compared to the reference marsh. To do this we will integrate water
levels (via a water level logger), with vegetation height surveys supplemented by Objective 3
surveys of elevation and vegetation (see Objective 3) to model pre- and post- restoration to
assess the amount of vegetative cover at varying high tide levels.
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Task 1.3: Habitat Functions
Task 1.3a. Do SMHM consume seeds from PAHLPP
In order to facilitate analyses of dietary DNA (via droppings), we will establish a localized DNA
library or supplement existing DNA libraries to include the full suite of onsite plant species,
common tidal marsh vegetation, and common invertebrates. This would allow for more accurate
dietary reconstruction from small mammal droppings.
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Task 1.3b. Does PAHLPP provide high tide refugia compared to reference?
King tide events are extreme high tides that occur in winter and flood the marsh to the extent
where very little vegetative cover remains. Small mammals that live within marshes with abrupt
upland transition zones may be exposed to greater predation risk because of the lack of vegetated
cover during king tides. To quantify this, we will conduct focal observations on avian predators
during king tide events at the PAHLPP and reference site, for pre- and post- restoration.
Task 1.3c. Optional Subtask: DNA analyses: Dietary reconstruction from collected and
archived fecal pellets (additional $46,000 required)
This optional task is not currently funded, and would require an additional $46,000 to conduct
DNA analyses on collected and archived fecal pellets of the small mammal community. These
pellets have been collected and preserved in molecular grade ethanol to facilitate analyses until
an additional funding source is identified.
Task 1.4: Project Management and Reporting
Task 1.4a. Project/Data Management; endangered species permits; Data analyses; Reporting
Results from this work will be included in the final report as described in section VII of this
Agreement. Project update reporting in the form of email will be provided annually by April 30,
to cover activities conducted during the previous calendar year.
Project communication will occur with periodic email updates to coordinate research activities.
An email update of the work activities completed will be provided annually. Basic summary
information will be provided in a form of an email, presentation slides, or teams meeting.
Project management also includes permitting reports for endangered species reporting, data entry
and basic data analyses.
Study 1 Budget Subtotal
Total post -restoration budget for Study Objective 1: Salt Marsh Harvest Mouse Trapping and
functional assessment of habitat is $ 324,216.
Study 2: Monitoring of benthic community and bacterial pathogens, as well as
legacy and emerging contaminants (Croteau, Parchaso, Givens)
The goal of this study is to assess aquatic ecosystem responses (including long-term responses)
to contaminants, in particular metals and bacterial pathogens, as well document recovery after
contaminant assault and physical disturbances at two sites in South San Francisco Bay, i.e., 1)
legacy monitoring site, and 2) new site located within the horizontal levee perimeter. Specific
goals include:
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1) Continue monitoring metals in sediments and in resident clam species, as well as benthic
invertebrate community composition at the legacy site.
2) Continue DNA analyses initiated in 2021 to assess the influence of wastewater effluent
on the microbial communities at the legacy site.
After the construction of the horizontal levee, the study will also characterize metal exposures
and colonization by benthic invertebrates at a (new) site located within the horizontal levee
perimeter.
Study objectives- Objectives are mostly a continuation of previous agreements with the City of
Palo Alto, except the addition of a new site nearby the horizontal levee. They include the
following tasks with details provided below:
Task 2.1: Measure metals of regulatory interest in sediment and in tissues of a local
sentinel species
Task 2.1a. Sample for metals
Contaminants will include toxic metals monitored since the mid -1970s (e.g., Cu and Ag), metals
used in clean energy technology (e.g., Cr, Co, Ni, Co, Mn and Zn), selenium, and mercury,
although mercury analyses will be done at a lower frequency. Samples will be collected 6 -times
per year. Methods used will be similar to previous agreements (Cain et al. 2023).
Sediments will be collected at low tide from the exposed mudflat. Samples will be scraped from
the visibly oxidized surface layer of the mud, which represents recently deposited sediment and
detritus, or sediment affected by recent chemical reactions with the water column. The sediment
also supports microflora and fauna, a nutritional source ingested by M. petalum. Sediment will
be obtained to conduct all proposed analyses (Table 1) and to archive approximately 10 grams
for any unforeseen future needs. Clams (approximately 60-100 individuals) will be collected by
hand from the same areas.
Table 1. Chemical and physical data, and analytical methodology for monitoring the near -field
discharge of the Palo Alto RWQCP
Constituent
Matrix
Ag, Al, Cr, Cu, Fe, Ni, Ti, Zn
Sediment/tissue
Nb
Sediment
Hg
Sediment/tissue
Se
Sediment/tissue
Particle size
Sediment
Total organic carbon (TOC)
Sediment
Microbial load
Water/Sediment
Microbial community
Tissue
(microbiome)
Antimicrobial gene markers
Water/Sediment
Method
ICP-OES
ICP-MS
Atomic fluorescence spectrometry
ICP-MS coupled to hydride generation
Physical separation
IRMS*
Cultivation on R2A media
16S rRNA sequencing
Polymerase chain reaction (PCR)
*Continuous Flow Isotope ratio Mass Spectrophotometry (IRMS)
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Sample preparation- Sediments will be sieved through 100 µm mesh in ultra -clean (18 Mohm-
cm) deionized water immediately upon return to the laboratory. Both the fraction of sediment
passing through the sieve (silt/clay fraction) and the fraction retained on the sieve will be dried
and weighed. Particle size distribution will be defined as the proportion of the total sediment
mass divided between these two fractions.
Replicate aliquots of sediment (< 100 µm fraction) will be digested with concentrated nitric acid
in heat blocks. This method provides a "near -total" extraction of metals from the sediment and is
comparable to the recommended procedures of the U.S. Environmental Protection Agency
(USEPA) for leachable metals and to the procedures employed in the Regional Monitoring
Program. Another set of replicate sub samples from < 100 µm fraction will be directly extracted
with dilute (0.6 N) hydrochloric acid (HC1) for 2 hours at room temperature. This method
extracts metals bound to sediment surfaces and is operationally designed to obtain the leachable,
anthropogenic contribution to the sediment concentration (Luoma and Bryan 1982).
Clams will be depurated for 48 h at 15° C in clean ocean water diluted to the salinity on the
mudflat at the time of collection. Following depuration, the length of each clam will be
determined, and shell and soft tissue will be separated. Soft tissues will be composited into 8
samples, each containing animals of similar shell length. Samples will be dried and digested by
nitric acid in heat blocks. Samples for mercury and selenium analysis will be composited as
above into 3 samples, homogenized and stored at -80° C. Metal content of a standard sized clam
will be calculated for each collection to facilitate comparisons of metal exposure over time.
Analytical methods- Digested tissue and sediment samples will be evaporated to dryness and
reconstituted in either 1% nitric acid or 5% hydrochloric acid. Elements, except Hg and Se, will
be analyzed by inductively coupled plasma optical emission spectrophotometry (ICPOES) (Table
1). Tissue and sediment samples for total mercury will be digested in nitric acid, followed by
BrCl oxidation, purge and trap, and cold vapor atomic fluorescence spectrometry according to
the EPA Method 1631. Similarly, tissue and sediment samples for selenium analysis will be
digested in nitric acid, followed by hydrogen peroxide oxidation, hydride generation inductively
coupled plasma mass spectrometry (HG-ICP-MS) according to existing methods. Total organic
carbon (TOC) concentrations will be determined using a continuous flow isotope ratio mass
spectrophotometer (IRMS) at UC Davis. Before the analysis, sediment samples will be acidified
with 12 N HCl vapor to remove inorganic carbon.
Quality control will be assessed by frequent analysis of blanks, certified reference materials with
each analytical run, and internal comparisons with prepared quality control standards. Method
detection limits (MDL) and reporting levels (MRL) will be determined using existing
procedures.
Task 2.2: Characterize the benthic community composition
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Task 2.2a. Collect, sort and identify benthic invertebrates
The benthic community structure will be characterized to support assessments of benthic
community dynamics in relation to contaminant exposures. Data will allow evaluating
relationships between metal exposures and biological metrics (benthic community structure,
condition index).
Three replicate samples will be collected using 8.5 cm diameter x 20 cm deep cores for the
benthic community monitoring study. Benthic samples will be washed on a 0.5 mm screen,
preserved in 10% formalin for two weeks and then transferred to 70% ethyl alcohol with Rose
Bengal stain. A minimum of 10 individual M. petalum of varying sizes (minimum of 5mm) will
be collected for the analysis of reproductive activity (if additional funds are available).
Benthic samples will be sorted and individuals identified to the lowest taxonomic level possible,
and individuals for each species will be enumerated. Note that as a cost -saving measure,
taxonomy of some phylum (for example, annelids) will be coarser.
Task 2.2b. Collect, preserve, dissect and assess reproductive status of clams (additional
funding source required)
Clams collected for reproductive analysis will be immediately preserved in 10% formalin at the
time of collection, to stabilize samples for archiving, until additional funds becomes available. If
additional funding becomes available, in the laboratory, the visceral mass of each clam will be
removed, stored in 70% ethyl alcohol, and then prepared using standard histological techniques.
Thin sections of clam reproductive tissue will be examined with a light microscope to
characterize sex, developmental stage, and condition of gonads.
Task 2.3: Characterize the microbial community in water, sediment and clams.
Task 2.3a. Measure microbial load in sediment, water and in clams
Measures of microbial load in water, sediment and clams will allow assessing the influence of
wastewater effluent on the microbial community (microbiome) as well as provide insights on
microbial -mediated processes. Triplicate sediment samples will be scraped from the visibly
oxidized surface layer of the mud using a sterile spatula and added into sterile Falcon tubes.
Triplicate water samples will be collected from pools at the mudflat surface using sterile Falcon
tubes. Clams (20-25) will be collected by hand, as described in task 2.1 .a. In the laboratory,
clams will be rinsed with sterile MilliQ water, transferred into a sterile jar filled with DNA -RNA
shield solution. Samples will be shipped on ice overnight to the Michigan Bacteriological
Research Laboratory. Altogether, data for this project will increase the understanding of aquatic
ecosystem responses to anthropogenic contaminants, in particular metals and bacterial
pathogens.
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Task 2.3b. Characterize the microbial community and assess presence of bacterial pathogens
and antimicrobial gene markers
Using next -generation amplicon sequencing targeting a universal Bacteria 16S rRNA gene, we
will characterize and compare the microbial community composition, or microbiome, of the
surface water, sediment, and clams. Microbiome variation will be evaluated temporally and
spatially and in regard to other measured environmental variables, metal analysis, and benthic
community metrics. This collective analysis should provide details on how metal concentration
and exposure influence the microbiome of these separate environmental compartments with the
potential of influencing clam health and physiology. Note that if funds from other tasks can be
leveraged, the presence of bacterial pathogen and antimicrobial gene markers will also be
evaluated.
Note that if funds from other tasks can be leveraged, the presence of bacterial pathogen and
antimicrobial gene markers will also be evaluated.
Task 2.4: Project Management and Reporting
Task 2.4a. Project/data management, reporting
Project update reporting in the form of email and/or meeting will be provided annually by the
end of spring to cover activities conducted during the previous calendar year. Data will also be
summarized in the form of a USGS ScienceBase data release.
Study 2 Budget Subtotal
The annual budget for Study 2 is $330,000. It includes salary for project management and
reporting, as well as field work, sample processing, analytical and taxonomical analyses. Note
that specimens will be collected and preserved for task 2.2, but additional funding will be
required to pay for external analyses.
Study 3: Understanding wetland processes for Palo Alto Horizontal Levee Pilot
Project: long-term monitoring (Thorne)
The city of Palo Alto is constructing a horizontal levee and irrigated ecotone to create a
transitional freshwater wetland slope with a variety of habitat types proposed. The horizontal
levee may include freshwater marsh, wet meadows, and riparian/scrub ecosystems. This
restoration will transition into a brackish marsh zone that transitions into the salt marsh of the
adjacent Harbor Marsh. This project will restore a rare habitat type in the San Francisco Bay
estuary and also provide flood protection and human recreation opportunities.
Objectives: Assess the physical and biological conditions pre and post construction for the Palo
Alto Horizontal Levee Pilot Project and the adjacent Harbor Marsh. Here we propose to monitor
the Palo Alto Horizontal Levee Pilot Project restoration and the adjacent Harbor Marsh to
understand the ecological outcomes following the restoration efforts. We also propose
monitoring a control site (e.g., Laumeister marsh) to compare desired restoration outcomes to an
existing non -restored marsh ecosystem. The following monitoring activities meet the
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recommendations from the Palo Alto Horizontal Levee Pilot Project: Monitoring and Adaptive
Management Plan (ESA, 2023; Table 2 Summary of Monitoring Schedule). Pre -construction
monitoring (Q 1 and Q2 of 2024) has been funded under a separate agreement, so the work below
will focus on Post -restoration monitoring.
Study questions:
1. How does habitat elevation and accretion processes respond to restoration?
2. What is the vegetation composition (native and invasive species) pre and post
restoration? Does vegetation cover and species diversity change following restoration?
3. How do soil properties, such as bulk density and percent organic matter, evolve post -
restoration?
4. What is the pore water (soil) salinity pre and post restoration and how does this compare
to an area without freshwater inflow?
5. How do these measurements compare to a marsh site without restoration efforts?
Study site: Will include the Project boundary (3.56 acres) and the adjacent Harbor Marsh. All
tasks below will include sampling in both locations.
Task 3.1. Elevation monitoring and soils development
Task 3.1a. Install and monitor SETs, sample soils for nutrient analysis
Accretion and Elevation: Surface elevation tables with marker horizons (SET-MH) will be
installed immediately following construction (Q4 2024) in the restoration site and salt marsh to
monitor surface deposition (accretion) and total changes in elevation (Figure 2). SET-MH
quantify the relative contributions of surface and subsurface processes to elevation change (i.e.,
root growth, decomposition, compaction, water flux), shallow subsidence (accretion — elevation),
and shallow subsidence between shallow (root zone) and deeper (to >10 m) portions of the soil
profile. Two SET-MH will be deployed in the upland restoration and two SET-MH in the salt
marsh. We will deploy each SET with three feldspar marker horizon (MU) plots. This
information will be paired with existing SET-MH deployed in Laumeister Marsh in 2022. These
will be measured biannually (Q1 and Q3, 2025-2028). All SET-MH locations will be surveyed
using a Real Time Kinematic GPS (RTK GPS) with horizontal and vertical accuracy of — 2 cm.
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Figure 2. Proposed locations for Surface Elevation Table -Marker Horizon installation.
Soil development: Along a transect perpendicular to Harbor Road we will measure soil properties
within all habitat types (freshwater marsh, wet meadow, riparian/upland scrub, and salt marsh) to
the SF Bay edge. Three shallow (10 cm) soil cores will be collected each year at each habitat
type. We will measure soil properties, including soil salinity, bulk density, percent organic
matter, and macronutrients (nitrogen, phosphorous). All soil core locations will be surveyed
using a RTK GPS. Core data was already collected at Laumeister Marsh in 2022 for comparison.
Analysis: Accretion and elevation change rates (mm/yr) will be calculated for each data
collection period and over the project timeline. These rates of change will be compared to
Laumeister Marsh to assess if accretion rates are the same, greater, or less than a non -restored
salt marsh. Soil core data will be summarized by year and overall trajectory of change for the
site. Comparison to Laumeister Marsh and other existing data will be done.
Task 3.2. Vegetation establishment and change
Task 3.2a. Monitor vegetation development with annual surveys, invasive species surveys (x2),
habitat analysis
Vegetation cover: Three transects will be established that span from the top of the horizontal
levee through Harbor Marsh to the SF Bay. Twelve points will be selected along the transect,
three each in the upland grassland, wet meadow, brackish marsh and salt marsh habitat classes
within the project area. A PVC pipe will mark the north corner of each 0.5 x 0.5 m plot to ensure
data are comparable through time. Quadrat vegetation surveys will document all plant taxa
present, percent cover by species, percent cover by native, non-native, and invasive species, and
height (avg. and maximum by species). Also a visual assessment of vegetation health and vigor
will be done. This will be conducted each year during peak growing season (Q3).
Invasive plant surveys. Locations of perennial pepperweed (Lepidium latifolium), stinkwort
(Dittrichia graveolens), and other highly invasive plants will be surveyed and recorded in
monitoring years 2 and 5. Surveys will occur twice in each monitoring year (e.g., late spring, Q2;
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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(�
Attachment A -Technical
USGSFBMS # (FOP 11.2 A) 24 Assistance Agreement
TAA Template April 2023 ARS # ith US Geological Surve
and late summer, Q3) to capture species with different seasonal growth periods. Stands of target
invasive plants will be mapped to estimate total coverage with the project limits and track
invasive plant colonization and establishment for comparison between monitoring years. Surveys
will include documenting percent cover and location.
Habitat type extent: Delineation of habitat types by area will occur both in the field and with
remote imagery in monitoring years 3 and 5 (monitoring year 1 is the first growing season
following construction completion and plant installation). Habitat types include freshwater
marsh, wet meadow, riparian/upland scrub, brackish salt marsh, and invasive species and will be
summarized by percent cover. We will estimate this using field surveys and paired satellite
imagery to develop a change analysis over the course of the monitoring period.
Analysis: Plant species richness and dominance will be compared through time, including
vegetation percent cover by habitat type. This will be done at the quadrat scale (Task 3.1) and
project scale (Task 3.3). Also, the change in extent and composition of invasive species through
time will be done. This will be compared with study site characteristics (e.g., elevation, soil
properties) to understand change and success. A map of photopoint locations will be provided
and photos will be summarized and presented.
Task 3.3. Tidal channel and soil water quality.
Task 3.3a. Record surface and pore water levels and salinity
Marsh channel water quality: Effluent volumes are important to monitor, but to correlate to
vegetation establishment and evolution measurements of marsh channel water quality is needed.
We will install two sensors (Solinst Edge loggers) to measure water level and salinity near the
restoration and in Harbor Marsh. Biannually (QI and Q3), a handheld water quality meter (e.g.,
YSI Water Quality Meter) will measure pH, ammonium, nitrate, and temperature in the channels.
Marsh pore water quality: The water quality in the root zone influences vegetation health and
vigor. We will establish two pore water wells near the restoration site and in Harbor Marsh and
download data biannually. Wells will include Solinst Edge loggers to measure water level and
salinity. A handheld water quality meter (e.g., YSI Water Quality Meter) will measure pH,
ammonium, nitrate, and temperature.
Analysis: Water quality parameters will be correlated to vegetation distribution and species
composition. This will also be related to health and vigor of the vegetation. Water level data will
be used to calculate percent time flooded for the restoration and Harbor Marsh to correlate with
accretion and elevation change measurements. Also, using water level data and RTK GPS data
(from above) we will calculate the local tidal datums for the project and Harbor Marsh sites.
Task 3.4. Project Management and Reporting
Task 3.4a. Project/data management, synthesis, analysis, reporting
Administrative tasks: Manage the contract, budget, and allow the development of any billing or
invoices as needed. Acquisition of necessary permits and trainings will be done. Data analyses
will be ongoing throughout the year. All data will follow DOI data quality guidelines, with
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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Attachment A -Technical
USGSFBMS # (FOP 11.2 A) 24 Assistance Agreement
TAA Template April 2023 ARS # ith US Geological Surve
appropriate data quality measures implemented. All data will be reviewed and inspected to
ensure it is complete, correct, accurate, structured correctly, and formatted correctly per the
scope of work.
Reporting: will be done annually. A summary report as outlined in the Palo Alto Horizontal
Levee Pilot Project: Monitoring and Adaptive Management Plan (ESA, 2023; Section 4
Reporting) will be provided to the Collaborator by January 15 after monitoring years 1-5
covering the previous year's work. Peer -reviewed scientific journals will be submitted.
Presentations to funder, stakeholders, and other interested parties will be provided both virtual
and in -person, when requested. Final project reporting will be provided by April 30, 2029.
Study 3 Budget Subtotal
Total post -restoration budget for Study 3, Understanding wetland processes for Palo Alto
Horizontal Levee Pilot Project long-term monitoring is $ 270,529.
IV. TERM AND PROPOSED PROJECT SCHEDULE/MILESTONES
This agreement is to cover post -construction monitoring activities from May 1, 2024 to April 30,
2029. As funding becomes available, this agreement may be modified and expanded to
incorporate an expanded scope for post -restoration research and activities.
V. COLLABORATOR ROLE AND EXPERTISE
The Collaborator's role is to conduct the pilot project using a horizontal levee concept to
function as green infrastructure, providing levee protection as well as enhancing wildlife habitat.
Specific Collaborator Tasks: The Collaborator will facilitate access to the PAHLPP site,
provide updates on construction timelines and activities that may influence research and
monitoring activities, and facilitate coordination amongst other research groups at the PAHLPP.
VI. USGS ROLE AND EXPERTISE
This interdisciplinary team of USGS scientists from four USGS Science Centers possesses the
depth and breadth of expertise to assess the PAHLPP for endangered species benefits, marsh
processes, metal contaminants, and pathogens. The Western Ecological Research Center (De La
Cruz, Woo, Thorne) has expertise in wetland ecology, restoration, and monitoring to assess
wetland structure and function as well as expertise and permitting for handling the salt marsh
harvest mouse (SMHM, Reithrodontomys raviventris). The Geology Minerals Energy and
Geophysics Science Center (Croteau) has metal contaminant expertise and has led the
interdisciplinary team including Water Mission Area (Parchaso, expertise in benthic invertebrate
ecology) and Upper Midwest Water Science Center (Givens, expertise in environmental
microbiology) for the long-term monitoring of metals and the benthic macroinvertebrate
community.
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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Attachment A -Technical
USGS FBMS # (FOP 11.2 A) 24 Assistance Agreement
TAA Template April 2023 ARS # ith US Geological Surve
VII. ANTICIPATED OUTCOMES/EXPECTED RESULTS
USGS will work with Collaborator to identify the information needed for their reporting
requirements, so that we can provide timely and management -relevant information throughout
the project including annual project summary updates. Annual summary reports will be
completed by April 30, summarizing the activities and results of the previous calendar year. Any
other interim updates can be provided upon request in the form of email update, presentation
slides, or teams meeting.
A final project report will be completed by April 30, 2029 for all tasks covered by this agreement
and accompanied by a USGS Data Release, in which all data will be publicly available at
sciencebase.gov. Data releases may occur separately by each objective. USGS will work with
Collaborator to identify final reporting requirements and reporting structure, which may include
separate reports by objective. In some instances, the final report maybe structured as draft
manuscripts to be submitted to peer -reviewed journals, a USGS Scientific Investigation Report,
or a USGS Open File Report.
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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Z USGS
TAA Template April 2023
Item 9
Attachment A -Technical
FBMS # (FOP 11.2 A) 24 Assistance Agreement
ARS # ith US Geological Surve
Budget
Total budget for the post -restoration research and monitoring is $924,745.00.
USGS S Year Agreement: May 1, 2024 to April 30, 2029
Gross Estimate of Costs
2024
construction
2025
2026
2027
2028
2029
Syear
a rage
Total
May -Dec
Jan -Dec
Jan -Dec
Jan -Dec
Jan -Dec
Jan-Ap
STUDY OBJECTIVE 1
Task 1.1, Does the PAHLPP provide habitat for Salt
Marsh Harvest
Mouse measured
by live
-trapping?
Small mammal live trapping, PAHLPP and 1-2
1.1a reference sites $ - $28,921 S28,921 $28,921 528,921 $ -
$19,281
3115,684
Task 1.2: Habitat Capacity. Does PAHLPP produce food resources for SMHM; Does PAHLPP provide plant cover compared
to reference?
1.2a
Quantifyfood resources for SMHM and the small
mammal community
$17,986
$5,613 $5,613
S17,986
55,613
$ -
$8,802
$52,811
1.2b
Assess functional plant cover at varying high tide
S -
$8,976 $8,976
$8,976
$8,976
S -
$5,984
$35,904
Study Objective 1
ask
1.3: Habitat Functions. Do SMHM consume
seeds from PAHLPP;
Does PAHLPP provide
high tide
refugia compared
to
reference?
De La Cruz & Woo
Salt Marsh Harvest
Mouse trapping and
1.3a
Collect, clean, ID, preserve plants for DNA library of
Iced resources and preserve pellets for analyses in
Task 1.3c
$ -
$11,147
$11,147
$11,147
$11,147
S -
$7,431
$44,588
functionalassessment of
1.36
King tide predation surveys
$ -
$12,637
$12,637
512,637
812.637$
-
$8,425
$50,548
habitat
1.3o
Optional Subtask: DNA analyses: Dietary
reconstruction from collected and archived fecal
pellets( additional 546,000 required)
$
$ -
$
$
S
S -
$4$.O827
asCk
1.4: Project Management and Reporting
ProjectlData Management; endangered spp
1.4a permits; Data analyses; Reporting
$ -
$5,613
$5,613
$5,613
$7,842
0-
$4,114
$24,681
SMHM and Functional Habitat Subtotal
517,986
$72,907
$72,507
$85,280
575,136
S
$54,036
$324,216
STUDY OBJECTIVE 2
Task 2.1: Monitoring of metals of regulatory interest in sediments and in the tissues of a local sentinel species
5 year avers
Total
2.1a samples formetals I $ 26,000 $33,000 $33,000
$33,000
$33,000
--
$ 31,600
S 158,000
Task 2.2: Characterization of the benthic community and reproductive status of clams
Study Objective 2
Croteau, Parchaso
2.2a
Collect, sort andidentify benthic invertebrates
$ 14,000
$17,000
$17,000
$17,000
517,000
--
$ 16,400
S 82,000
& Givens
Monitoring of legacy
2.2b
Collect, preserve, dissect and assess reproductive
status of clams (additional funding source required)
--
--
-
--
--
--
5 -
S -
contaminants, benthic
Task
2.3: Characterization of the microbial community
community and bacterial
pathogensMoniroring of
2.3a
lMeasure microbial load in sediment, water and in
clams
$ 5,000
S 5,000
$ 5,000
f 5,000
5 5,000
--
$ 5,000
$ 25,000
legacy and emerging
contaminants near the
discharge of a Regional
23b
Characterize the microbial community and assess
presence of bacterial pathogens and antimicrobial
gene markers
$ 10,000
$ 10,000
$ 10,000
$ 10,000
5 10,000
$ 10,000
$ 50,000
Water Quality Control
Task
2.4: Project Management and Reporting
$ -
Plant
2.4a Projectldata management, reporting
$ 3,000
$ 3,000
$ 3,000
$ 7,000
$ 3,000
-
$ 3,000
$ 15,000
$ 58,000
$ 68,000
$ 68,000
$ 68,000
$ 68,000
$ -
$ 66,000
$330,000
STUDY OBJECTIVE 3
Task 3.1. Elevation monitoring and soils development
5 year avera
Total
Install and monitor SETs, sample soils for nutrient
3.1a analysis
$ 7,115
$ 19,541
$ 10,781
$ 11,123
$ 11,486
$
$ 12,009
$ 60,046
Task 3.2. Vegetetation surveys
Study Objective 3
surveys, invasive species surveys (x21, habitat
3.2a analysis
$
S27,702 538,187 $26,097 541,746
S
S 26,746
S 133,732
Thorne & Buffington
Task 3.3. Water level and salinity
Understanding wetland
3.3a Record surface and pore water levels and salinity
*3.282
$3,595 $3,811 $4,040 54,
S
S 3,824
S 19,120
processes for Palo Alto
Task 3.4. Project management and reporting
Horizontal Levee Pilot
Project: long-term
3.4a
Projectldata management, synthesis, analysis.
reporting
87,542 $11,450 512,137 $12,865 $13,637
$ -
$ 11,526
$ 57,631
monitoring
,049
$ 62,295
4,916
S 54,185
$ 71,151
$ 54,106
$ 270,529
4,035
$203,195
$205,823
i
*214.287
$0
Grand total
$524,745
1 Supplies include: live traps, sterilized bait, sanitation supplies for traps, molecular grade ethanol for DNA
preservation, jars, vials, labels; hydrology instruments, Surface Elevation Table supplies
2 Please note that your budget exhibits may be modified annually to offset uncontrollable changes in USGS
Bureau overhead rates.
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
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City Council
Staff Report
From: City Manager
CITY O F Report Type: CONSENT CALENDAR
PALO Lead Department: Planning and Development Services
ALTO Meeting Date: April 22, 2024
Report #:2404-2854
TITLE
QUASI-JUDICIAL. 739 Sutter Avenue [22PLN-00201 and 24PLN-00005]: Appeal of the Director's
Decision to Approve a Streamlined Housing Development Review Application to Allow
Deconstruction of An Existing 8 Unit Residential Rental Development and Construction of 12
Three -Bedroom Condominium Units. The Project Also Includes a Request for Approval of a
Vesting Tentative Map for a Condominium Subdivision. Zoning District: RM-20. Environmental
Assessment: Exempt from the California Environmental Quality Act per CEQA Guidelines Section
15332. For more information contact the Project Planner at
Claire.RaybouId@Cityofpaloalto.org.
RECOMMENDATION
Staff recommends that Council take the following action(s):
1. Find the proposed project exempt from the California Environmental Quality Act per
CEQA Guidelines Section 15332;
2. Adopt the attached Record of Land Use Action, thereby:
a. Denying the appeal and upholding the Director's approval; and
b. Approving the Vesting Tentative Map
EXECUTIVE SUMMARY
On March 19, 2024, the Planning and Development Services Director tentatively approved the
applicant's request for a Streamlined Housing Development Review Application. The proposed
residential for -sale townhome project, located on a 0.38 -acre parcel at 739 Sutter Avenue,
includes 12 residential for -sale units, two of which are to be provided at below market rate to
low income (50-80% of AMI). The project would replace an existing 8 -unit residential rental
development that is currently occupied. The project is a housing development project in
accordance with the Housing Accountability Act and qualifies for a Density Bonus based on the
percentage and income level restrictions on the provided units. The project is also eligible for
three concessions as well as unlimited waivers, or changes to the objective development
standards, to accommodate the development in accordance with the State Density Bonus
allowances (California Government Code §65915) and PAMC Chapter 18.15.
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In accordance with the approval process for streamlined housing development review
applications, any member of the public may appeal within 10 days of the Director's tentative
decision. Staff received timely appeals from two members of the public, one on behalf of the
San Carlos Neighborhood Association and one on behalf of Milan Saini, a resident of Sutter
Avenue. The concerns expressed in these appeal letters are detailed further in this report.
Adoption of the Record of Land Use Action (RLUA) in Attachment B would deny the appeals and
uphold the Director's decision to approve the project. Three members of the Council must vote
to pull this item from the consent agenda in order to hold a hearing to discuss the project. If
Council approves the Streamlined Housing Development review application, staff also
recommends simultaneous approval of the associated Vesting Tentative Map application, the
findings for which are included in the RLUA.
BACKGROUND
The Planning and Development Services Director issued a tentative approval on the applicant's
request for a Streamlined Housing Development Review Application on March 19, 2024. Two
timely requests for hearing were filed, one on behalf of the San Carlos Neighborhood
Association (Attachment C) and one by a resident on Sutter Avenue (Attachment D). In
accordance with the municipal code, this request is placed on the Council's consent agenda
within 45 days of the request for hearing.
Streamlined Housing Development Review applications are subject to the findings set forth in
Section 18.77.073 of the zoning code. The findings of approval of this application are included
in the Record of Land Use Action in Attachment B.
uest for Hearine-San Carlos Neighborhood Association
The San Carlos Neighborhood Association provided the letter in Attachment C to request a
Council hearing on the Director's decision to approve the Streamlined Housing Development
Review application. The letter focuses on the following key concerns:
• Fire Safety: The requester states that the project does not have sufficient setback from
the property line for proper fire access and states concerns that the project relies on
ground ladder access versus aerial access for fire service.
• Privacy: The requester states that the project does not adequately protect the privacy of
neighboring residents by providing third floor balconies that face the rear of the site
(toward San Carlos Court). The requester asks for the applicant to increase the size of all
the trees along the rear to provide mature screening at the time of planting and
requests that all third -floor balconies be removed.
• Trash: The requester states that the trash design is not adequate and that the
receptacles should have two -foot spacing between each bin. They further state
concerns regarding restriction to street parking during trash service hours.
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• Density Bonus Law: Express concerns that the project is inconsistent with State density
bonus allowances as set forth in Chapter 18.15 of the Code because the project does not
provide at least five additional housing units beyond what is existing.
• CEQA Analysis: The requester expresses that an Initial Study/Mitigated Negative
Declaration is the appropriate level of analysis for the proposed project and that the
project does not qualify for a Class 32 categorical exemption.
Request for Hearing -Milan Saini
Milan Saini, a Sutter Avenue resident, stated his concerns in an e-mail provided in Attachment
D. In a second e-mail on March 26, 2024, he submitted a second objection letter. This second
letter did not raise new objections but elaborated on the initial comments and included
signatures from other neighbors. The comments focus on the following key concerns:
• Lack of Transparency in Planning Process: The requester states that they have not
received communication or acknowledgement on previously raised objections.
• Neighborhood Compatibility: The requester states that there is no three-story
development on the street and that this approval will initiate additional development
on Sutter Avenue. He states that the density and scale of the proposed development are
incompatible with the current aesthetic, architecture, and overall neighborhood
character
• Precedent: The requester expresses that if this project is approved, the city would be
required to approve successive applications.
• Cumulative Projects: The requester states that the project's impact must also take into
consideration other projects that would follow and that, together, would increase traffic
congestion and strain existing parking resources on the neighborhood. The high -density
projects when taken collectively will lead to overcrowding in the neighborhood,
potentially decreasing the quality of life for existing residents, including more noise and
light pollution, disrupting the peacefulness of my neighborhood.
• Decreased property values: The requester expresses concern that the high -density
projects on the street could potentially decrease property values in the surrounding
areas due to overcrowding, increased traffic, and changes to the neighborhood
character.
If three or more City Councilmembers want to hold a public hearing to consider the application,
a vote is needed to pull the item from the consent calendar. If pulled, staff would return at a
future date for a hearing on the application.
Streamlined Housing Development Review applications are subject to findings set forth in
Section 18.77.073 of the zoning code. The findings to approve the proposed project are
included in the tentative approval letter in Attachment E and reflected in the draft Record of
Land Use Action in Attachment B.
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Vesting Tentative Map
The proposed project includes an associated request for approval of a Vesting Tentative Map
application (24PLN-00005) to allow twelve residential condominium units on a single, existing,
16,720 square foot (sf) parcel at the subject property. Approval of the map also includes
acceptance of proposed utility easements on the parcel, which are required per City of Palo
Alto Utility standards. The proposed Vesting Tentative Map is included in Attachment F.
The process for evaluating a vesting tentative map application is set forth in Title 21 of the Palo
Alto Municipal Code (PAMC) and California Government Code 66474. The process for approval
of a Vesting Tentative Map for a condominium subdivision is outlined in PAMC Sections
21.12.010 and 21.13.020. Tentative maps require Planning and Transportation Commission
(PTC) review to evaluate whether the amended subdivision is consistent with the Subdivision
Map Act (in particular, Government Code 66474), Title 21 of the Palo Alto Municipal Code, the
Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code
and State Law. The PTC's recommendation is forwarded to the City Council for final approval.
On March 27, 2024, the PTC recommend (6-0, Hechtman absent) that Council find the project
exempt from CEQA in accordance with CEQA Guidelines Section 15332; and recommend
approval of the Vesting Tentative Map to City Council based on the finding and subject to the
conditions of approval included in the PTC staff report. The PTC also recommended that
Council consider removing the parking restrictions during refuse pickup hours referred to in the
conditions of approval #5 and as shown in Sheet A0.5 of the Architectural Review Board (ARB)
plan set. This condition of approval is not included in the Vesting Tentative Map conditions, but
is part of the Streamlined Housing Development Review conditions of approval. The proposed
parking restriction during trash service is a standard Condition of Approval (COA) used in many
areas of the City and was made a requirement of the project by the Office of Transportation to
ensure that carts, when placed out for service, do not block the vehicle lanes. While some of
the Commissioners viewed the parking restrictions as a special privilege for residents of the
proposed development, its primary purpose is to ensure safety during trash pickup times. In
addition, although the site is fully parked with two spaces per unit, staff notes that the parking
restriction may equally be viewed as a burden on the residents of the development, as they too
would not be able to utilize street parking closest to their homes during trash pickup times.
ANALYSIS
A detailed analysis of the project's consistency with the Comprehensive Plan, Zoning, and
relevant state regulations is included in the November 2, 2024 ARB staff report.' The project
was found to be consistent with the relevant plans, policies, and regulations set forth in local
and state law.
1 The staff report for the November 2, 2023 Architectural Review Board Study Session is available online at:
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/architectural-
review-boa rd/2023/a rb-11.02-739-s utte r. pdf
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Responses to Comment San Carlos Court Neighborhood Association (SCCNA)
Following is a response to key issues raised by the SCCNA. Some of these comments were
raised in early comment letters. Therefore, responses were also provided in previous staff
reports and in staff's formal response to two letters provided by the SCCNA's attorney during
the review process. Staff's formal response to the previous letters is included in Attachment E.
Fire Safety
The requester states that the project does not have sufficient setback from the property line for
proper fire access. However, the project not only meets the 10 -foot setback requirement
required for RM-20 zone districts but exceed the requirements by providing a 12 -foot minimum
setback, which greatly exceeds the requirement for adequate fire access (typically five feet on
the ground level). There are existing overhead lines across the project frontage that restrict the
site from being accessed by fire trucks with aerial ladders. Therefore, under existing and
proposed conditions, the project would provide ground ladder access on two ends of each
building for fighting fires. The project is also required to include a commercial grade fire
sprinkler system. The project has been reviewed by the City of Palo Alto Fire Department and
recommended approval based on the plans, as revised to accommodate the above referenced
measures. Therefore, staff has reviewed the project and determined that the project design has
adequate fire safety measures in compliance with the fire code.
Privacy
The requester states that the project does not adequately protect the privacy of neighboring
residents by providing third floor balconies that face the rear of the site (toward San Carlos
Court) and asks for the balconies to be removed. The project has been redesigned through the
public process to reduce impacts to San Carlos Court residents. The initial design during the
preliminary Architectural Review process (21PLN-00222) included rooftop decks on both the
front and rear building. In response to resident comments. The rooftop decks on the rear
building were removed prior to submitting a formal application. The rooftop decks on the front
building were also removed following the ARB's review in response to both board member
comments and additional neighbor comments.
The project was also redesigned to meet the objective standards set forth in PAMC Section
18.24.050(2)(A through E). This included:
• modifications to the balcony material (obscure versus glass) and height (taller railings to
meet line of sight restrictions)
• modifications to the window design (reduced glass and transparent glazing),
• greater setbacks from the balcony from the property line to bring the project outside of
the rear daylight plane and meet the visibility line of sight restrictions,
• increasing the height of the fence to the maximum allowable,
• and modifying the planting plan to provide a continuous row of vegetation for
screening purposes.
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The requester asks for the applicant to increase the size of all the trees along the rear at
planting to provide mature screening at the time of planting. Staff believes that the proposed
planting plan with 24 -inch boxed trees is appropriate to provide for screening over time;
although staff understands that the proposed trees, which shall measure 8 feet in height at
planting does not provide full vegetation screening at planting, these are a fast-growing species
capable of providing screening over time.
Trash
The requester states that the trash design is not adequate and that the receptacles should have
two -foot spacing between each bin. They further state concerns regarding restrictions to street
parking in front of this site for trash service hours.
The trash service has been reviewed by the City's Zero Waste Division as well as its waste
hauler and Greenwaste, to ensure that the design meets the City and Greenwaste standards for
waste disposal. The project meets these requirements. The plan set inadvertently refers to
these waste receptacles as bins, which are larger metal receptacles, versus carts, which are the
smaller plastic receptacles more typically used by low density residential uses. Bins require at
least two- foot spacing between each for service. Carts require 6 inches between. Therefore,
the proposed carts are adequately spaced in accordance with the Greenwaste requirements.
The proposed parking restriction during trash service is a standard COA used in many areas of
the City and was made a requirement of the project by the Office of Transportation to ensure
that carts, when placed out for service, do not block the vehicle lanes.
Density Bonus Law
The requester expresses that the project is inconsistent with state density bonus allowances as
set forth in Chapter 18.15 of the code because the project does not provide at least five
additional housing units beyond what is existing. The requester's accurately notes that the
municipal code includes a definition of development as "all developments pursuant to a
proposal to construct or place five (5) or more additional dwelling units on a lot or contiguous
lots including, without limitation, a planned unit development, site plan, subdivision, or
conversion of a non-residential building to dwelling units." However, this provision conflicts
with current state density bonus law, which provides only that the proposed development must
be five units or more to be eligible for state density bonus. In cases where the City's local
ordinance conflicts with state density bonus law, the state law shall prevail. This inconsistency
will be addressed in an ordinance updating the municipal code later this month.
CEQA Analysis
As detailed in staff's response to the August 30, 2023 and November 1, 2023 letters from
Silicon Valley Law group, the city disagrees with the assertion that a Class 32 exemption would
not be applicable to the proposed project. Staff's response to these letters is included in
Attachment E.
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Response to Milan Saini Comments
Following is staff's response to key issues raised by Milan Saini in his comment letter.
Lack of Transparency in Planning Process
The requester provided a letter on July 11, 2022 expressing concerns about the proposed
development, specifically indicating concerns about the increased density, the inclusion of low-
income units, and that the project would affect property values. The objection letter was signed
by four residents within the 700 block of Sutter Avenue. Staff inadvertently did not respond to
this letter. Nevertheless, the status of the project has been updated continuously on the project
webpage throughout the process and includes plan sets, links to staff reports, and the
environmental documents. A notice was mailed to all residents within 600 -feet of the project
site prior to the November 2, 2023 ARB study session in accordance with the code
requirements. Staff has confirmed that the requester was included on those mailings. The
requester was also noticed at the tentative decision process, all in accordance with the City's
standard process in accordance with the code. Therefore, review of the project has been
transparent and multiple opportunities to comment were provided throughout the public
process.
Neighborhood Compatibility, Precedent, and Cumulative Projects
Approval of the proposed project does not assure approval of any subsequent project. Each
application is reviewed on an individual basis based on the relevant policies and regulations in
effect at the time that it is submitted. No other applications, either preliminary or formal, have
been filed to redevelop nearby properties. Therefore, staff cannot speculate as to the
cumulative impacts of a subsequent project (or projects) that may be proposed in the future.
The commenter notes that the density and scale of the proposed development are
incompatible with the current aesthetic, architecture, and overall neighborhood character, but
does not elaborate further as to how the project is inconsistent except to say that the existing
street does not include three-story development. Although there are no three-story
developments existing in the immediate vicinity of the project site, the site is zoned RM-20 and
allows for 30 -foot buildings.
Decreased Property Values
The applicant expresses the view that high -density projects on the street could potentially
decrease property values in the surrounding areas due to overcrowding, increased traffic, and
changes to the neighborhood character. However, this opinion is not substantiated by facts.
Moreover, the project may only be denied based on findings that the project does not comply
with applicable objective standards, or that the project will result in a specific, adverse, impact
upon the public health or safety, which cannot feasibly be mitigated or avoided.
Vesting Tentative Map
The proposed Vesting Tentative Map is consistent with the Comprehensive Plan and Zoning, as
discussed further below. A density bonus waiver from the street width also applies to the
Vesting Tentative Map.
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Comprehensive Plan Consistency
The proposed Vesting Tentative Map is consistent with the Comprehensive Plan, in that the site
is designated primarily as "Multifamily" land use category and will be developed as a
multifamily development on that portion of the site. The map facilitates the redevelopment of
a parcel within the City's urban service area which is consistent Policy L-1.2 of the
Comprehensive Plan. The associated development to be constructed on the lot would add new
residential units that contribute to the housing inventory including two affordable housing
units, consistent with Goal 2 of the Housing Element, which states "assist in the provision of
safe, attainable, and sustainable housing, especially affordable housing, to meet the needs of all
economic segments of the community." Consistencies with other Comprehensive Plan policies
are included in Attachment B of this report.
Zoning Consistency
The site is zoned primarily as RM-20 (multi -family residential). The proposed multi -family
development is a permitted use within the RM-20 Zone. The size of the parcel would not
change and is consistent with code requirements for the RM-20 Zone District, which has a
minimum lot size of 8,500 sf and minimum dimensions of 70 feet in width by 100 feet in depth.
Staff finds that the proposed Vesting Tentative Map complies with these code requirements for
parcels.
Private Street Width
The proposed project includes new private streets that do not meet the minimum width of 32
feet set forth in PAMC 21.20.240. The applicant requested a waiver from this development
standard in accordance with State Density Bonus Law to allow for a private street that is 20 feet
in width. Approval of this waiver was tentatively granted as part of the tentative approval of the
proposed development under the Streamlined Housing Development Project review. The
waiver also applies to the subdivision map process. The proposed improvements, including the
street width, were reviewed by all departments as part of the streamlined housing
development review process. Reviewers included, but were not limited to, City of Palo Alto Fire
Department, Public Works Engineering, Office of Transportation and the Building Department.
The proposed project, with the proposed 20 -foot street width, meets all safety requirements,
including, but not limited to, fire safety and traffic safety.
FISCAL/RESOURCE IMPACT
The developer would be required to pay all applicable development impact fees estimated to
total $279,177.12 for the subdivision and the proposed improvements, plus the applicable
public art fees, as documented in the conditions of approval in the Record of Land Use Action.
The project is a cost recovery project; therefore, staff time is charged to the applicant for the
processing of this application.
A request for appeal requires a $700 deposit from an appellant. Each of the respective
appellants have paid their required fee. In accordance with the fee schedule, if the Council
chooses not to hold a public hearing to discuss the appeal, these fees would be returned to the
appellants.
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STAKEHOLDER ENGAGEMENT
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper
and mailed to owners and occupants of property within 600 feet of the subject property at
least ten days in advance. Notice of a public hearing for this project was published in the Daily
Post on April 12, 2024, which is 10 days in advance of the meeting. Postcard mailing occurred
on April 11, 2024, which is 11 days in advance of the meeting.
Throughout the review process the San Carlos Neighborhood Association has been actively
discussing their comments on the project with staff and at public hearings. Silicon Valley Law
Group sent a letter on August 30, 2023. Key comments raised in that letter expressed concerns
about privacy, safety, and indicated their disagreement with the conclusion that the project
would be eligible for a Class 32 (in -fill) exemption due to significant impacts related to traffic,
air quality, and noise among other impacts. Staff met with residents on September 12, 2023 to
discuss their concerns. Silicon Valley Law Group submitted a second letter on behalf of the
neighborhood association on November 1, 2023. Prior to approval of the proposed project,
staff responded formally to these comments. The initial letters are included in Attachment D.
Staff's response to those letters is included in Attachment E.
ENVIRONMENTAL REVIEW
The subject project has been assessed in accordance with the authority and criteria contained
in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
environmental regulations of the City. Specifically, the project is exempt from the provisions of
the California Environmental Quality Act in accordance with CEQA Guidelines Section 15332
(infill development). The documentation to support this exemption is included on the project
webpage, a link to which is provided in Attachment F.
The City disagrees with the assertions in the hearing request letter as they relate to the
applicability of the Class 32 exemption. The documentation provided includes substantial
evidence to support the conclusion that a Class 32 exemption applies to the proposed project
and is the appropriate level of environmental analysis for this project. Specifically, it provides
documentation to support the conclusion that there would be less than significant impacts
related to air quality, traffic, water quality and noise. The CEQA documentation also includes a
cultural resources analysis, which concludes that the project is not eligible for any register
(National, State, or local). Attachment E includes the City's formal responses to questions raised
by the San Carlos Neighborhood Association with respect to the CEQA analysis. The request for
hearing does not include any new information.
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ATTACHMENTS
Attachment A: Location map
Attachment B: Record of Land Use Action
Attachment C: Request for Hearing from San Carlos Neighborhood Association
Attachment D: Request for Hearing from Milan Saini (Sutter Avenue Resident)
Attachment E: Letter to SVLG in Response to Formal Letters Provided in the Review Process
Attachment F: Project Plans and CEQA
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
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chotlgki, 2023-10-18 11:38:02 my of best available sources.
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RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION
FOR 739 SUTTER AVENUE: STREAMLINED HOUSING DEVELOPMENT AND VESTING TENTATIVE
MAP [22PLN-00201 AND 24PLN-00005]
At its meeting on __________,2024, the City Council of the City of Palo Alto ("City
Council") approved the Streamlined Housing Development Review for a 12 -unit residential
ownership development and Vesting Tentative Map for the development of a one -lot
subdivision to create 12 residential condominium units, making the following findings,
determinations and declarations:
SECTION 1. Background.
A. On 2022, Grace Li applied for a Streamlined Housing Development
Review application for a 12 -unit townhome style development, including the following density
bonus waivers and concessions in accordance with state density bonus law:
• Waiver 1: Floor area ratio (1.4:1 where 1.25:1 is allowed)
• Waiver 2: Maximum site coverage (50 percent where 35 percent is allowed)
• Waiver 3: Minimum front yard setback (5 feet where 20 feet is required)
• Waiver 4: Minimum interior side yard setback (4.6 feet where 10 feet is required)
• Waiver 5: Side lot line daylight plane (10 feet, 82 degrees where 10 feet, 45 degrees is
required)
• Waiver 6: Private street width (20 ft minimum where 32 feet is required)
• Waiver 7: Minimum finished ground floor height (0.5 feet where 1.5 feet is required)
• Waiver 8: Upper floor stepback (stepback of 6 feet for 33% of the east facade on
building 1 where 6 feet for 70% of the facade is required at 33-37 feet in height)
• Waiver 9: Facade break (1 -foot by 4 -foot break with minimum 8.9 square foot area
where 2 -foot by 4 -foot break with 32 square foot area is required)
• Waiver 10: Individual residential entry width (4.5 feet for Building 2 entry stoops where
5 feet is required)
• Waiver 11: Landscaping screening (no trees along the west interior side yard [shared
drive aisle] where one tree every 25 feet is required)
• Waiver 12: Landscape coverage (34% where 35% is required)
• Waiver 13: Sidewalk width for shared path from public right-of-way to bicycle parking
(4 ft minimum with 1.5 ft shoulders where 8 ft minimum with 2 ft shoulders is
required).
• Concession 1: Building height (33.5 feet maximum height where 30 feet is allowed)
B. On January 4, 2024, Grace Li applied for a Vesting Tentative Map for the
development of a one (1) parcel, 12 -unit condominium subdivision project, including a density
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bonus waiver from street width requirements to permit a minimum 20 -foot wide private street.
("The Project").
C. The project site is comprised of one existing lot (APN No. 127-35-200) of
approximately 16,720 square feet. The site contains a single multi -family development with
eight (8) residential rental units. Single family residential uses abut the site to the north. Multi-
family residential units abut the site to the east, west, and across Sutter Avenue to the South.
D. Following staff review, the Architectural Review Board reviewed the project
at a study session on November 2, 2024 to provide feedback on the design.
E. Following the Architectural Review Board hearing, the applicant
resubmitted revised plans on February 8, 2024 which were tentatively approved by the Director
of Planning on March 19, 2024
F. On March 27, 2024 Silicon Valley Law Group, on behalf of the San Carlos
Court Neighborhood Association, requested a hearing on the proposed project in accordance
with the appeal process set forth in PAMC 18.77.073(e).
G. On March 27, 2024 Milan Saini requested a hearing on the proposed project
in accordance with the appeal process set forth in PAMC 18.77.073(e).
H. Following staff review of the Vesting Tentative Map, the Planning and
Transportation Commission reviewed the project and recommended approval on March 27,
2024, subject to conditions of approval.
I. On , 2024 the City Council held a duly noticed public hearing,
at which evidence was considered and all persons were afforded an opportunity to be heard in
accordance with the City Council's policies and procedures.
SECTION 2. Environmental Review. The City, acting as the lead agency for the Project, has
determined that the project is exempt from the California Environmental Quality Act (CEQA) in
accordance with CEQA Guideline section 15332, which provides an exemption for infill
development projects. Documentation to support the exemption is available as part of the
public record on file with the Planning and Development Services Division.
Section 3. Streamlined Housing Development Review. The design and architecture of the
proposed improvements, as conditioned, complies with the Streamlined Housing Development
Project Review Process Findings as required in Chapter 18.77.073 of the PAMC. Neither the
Director, nor the City Council on appeal, shall approve an application unless it is found that:
Finding #1: The application complies with all applicable and objective standards in the Comprehensive
Plan, the Palo Alto Municipal Code, and other City plans or policies.
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The proposed project complies with all applicable and objective standards in the Comprehensive Plan
and the Palo Alto Municipal Code as detailed in the staff report and in Attachments D, Zoning
Consistency, and E, Objective Standards Consistency, except where waivers or concessions are
requested pursuant to state density bonus law. In accordance with The Housing Accountability Act as set
forth in California Government Code 65589.5(j)(3), the receipt of a density bonus, incentive, concession,
waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid
basis on which to find a proposed housing development project is inconsistent, not in compliance, or not
in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other
similar provision. Therefore, for the project is compliant with the objective standards.
A summary of the project's consistency with the Comprehensive Plan is provided in this table. The
project is required to comply with the Comprehensive Plan to the extent that the requirements are
objective.
Comp Plan Goals and Policies How project adheres or does not adhere to
Comp Plan
The Comprehensive Plan land use designation for
the site is Multi -family Residential which allows
for densities ranging from 8 to 40 units per acre
Housing Element
Policy 4.3 Implement development standards,
objective design standards, and architectural and
green building standards that encourage new
high-auality rental and ownership housing.
Land Use and Community Design Element
The project adheres to the Comprehensive Plan
by providing multi -family housing on a multi-
family use site. The proposed density is 31 units
per acre which is consistent with this
comprehensive plan land use designation.
The project complies with the implemented
standards except where requests for waivers or
concessions in accordance with state density
bonus law is provided.
Policy L-2.8: When considering infill The project Is an infill project. While existing
development, work to minimize the displacement rental tenants would be required to either
of existing residents
Policy L-9.2 Encourage development that
creatively integrates parking into the project,
including by locating it behind buildings or
underground wherever possible, or by providing
for shared use of parking areas. Encourage other
alternatives to surface parking lots that minimize
the amount of land devoted to parking while still
maintaining safe streets, street trees, a vibrant
local economy and sufficient parking to meet
demand.
purchase or relocate, the project replaces more
units than it removes. The applicant will comply
with relocation assistance requirements for
project of less than 10 units as set forth in PAMC
Section 9.68 for no-fault just -cause eviction.
The project incorporates the parking into each
unit and does not include a surface parking lot.
The drive aisle is internal to the site.
Policy L-9.4 Treat residential streets as both The project maintains sidewalks and improves
public ways and neighborhood amenities. Provide the streetscape with landscape planting along the
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and maintain continuous sidewalks, healthy
project frontage. The project provides bicycle
street trees, benches and other amenities that
parking along the frontage, bringing the site into
promote walking and "active" transportation.
conformance with City requirements for bicycle
parking.
Transportation Element
Policy T-3.7 Encourage pedestrian -friendly design
The project includes direct connections to the
features such as sidewalks, street trees, on -street
sidewalk that help to activate the frontage along
parking, gathering spaces, gardens, outdoor
Sutter Avenue in addition to new street trees and
furniture, art and interesting architectural details.
plantings.
Policy T-3.9 Support citywide sustainability
The project meets the tree canopy replacement
efforts by preserving and enhancing the tree
requirements through on site planting. The
canopy where feasible within the public right -of-
project includes removal of two trees and
way, consistent with the Urban Forest
replaces with 24 new trees where 7 24 -inch box
Management Plan, as amended.
trees are required in accordance with the canopy
replacement requirements.
Finding #2: Approving the application will not result in a specific, adverse, impact upon the public health
or safety, which cannot feasibly be mitigated or avoided in a satisfactory manner. As used in this
Section, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified written public health or safety standards, policies, or conditions as they
existed on the date the application was deemed complete.
The proposed project would not result in a specific, adverse, impact upon public health or safety. The
project complies with all applicable safety requirements with respect to fire safety for the building itself
(e.g. ladder access, sprinklers) as well as emergency vehicle access to the site. The traffic report
concluded that the project would not create any conflicts with respect to traffic safety. The project also
does not introduce any new changes to streets (e.g. new curves in a roadway) or impacts to line -of -sight
that would create a safety hazard as detailed in the transportation analysis.
SECTION 4. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a
Parcel Map, if it makes any of the following findings (California Government Code Section
66474). The City Council cannot make these findings for the following reasons:
1. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 65451:
The site is consistent with the Comprehensive Plan as described below.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans:
There is no adopted specific plan for this project site. The proposed vesting tentative map and
related improvements is consistent with the Comprehensive Plan in that it facilitates housing
development on a site designated for multi -family use within the urban services area,
consistent with Goal 2 of the Housing Element and Goal L1.2 of the Land Use Element. The
proposed density (31 DU/AC) is consistent with the allowable density (20 to 40 DU/AC) in the
multi -family land use designation as outlined in the Land Use Element. The project replaces
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eight existing residential rental units with twelve residential condominium units, including two
units that will be offered at a rate affordable to low income (50-80% of AMI). The project
improves the city's jobs housing imbalance consistent with the Transportation Element's goals
and policies.
3. That the site is not physically suitable for the type of development:
The Project site is suitable for multi -family residential development in that it's located within
the multi -family zone district on a site designated on the City's Land Use Map for multi -family
use. The existing parcel meets the minimum code requirements for the RM-20 zone district
with respect to lot area, width and depth. The parcel would not change with approval of this
condominium subdivision. The proposed number of condominium units complies with the
applicable densities set forth in the land use element.
4. That the site is not physically suitable for the proposed density of development:
The project would create a total of twelve (12) multi -family residential units which is 31
dwelling units (DU) per acre. This density complies with the maximum allowable residential
density as calculated for the total site area under the comprehensive plan (40 DU/acre = 31
DU). Although it exceeds the allowable density set forth in the zoning district, the project
exceeds this density in accordance with state density bonus law (Assembly Bill 2345) which
allows for increased density based on the percentage of BMR units (25% of the base project)
and their affordability level (low income). Building, Palo Alto Fire Department, Planning,
Transportation, and Public Works Engineering have reviewed the requested density bonus
waiver to permit a minimum 20 -foot street width to ensure that all necessary requirements for
safety, including but not limited to, fire safety and traffic safety (e.g. curb cut location, back-up
space, turning radius, etc.) have been met.
5. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat:
The project is located within the built environment that does not contain quality habitat for fish
or other wildlife on the site or within the vicinity of the site. The nearest stream is a channelized
portion of Matadero Creek approximately 350 feet north from the project site. The adopted
Palo Alto 2030 Comprehensive Plan includes Map N-1, which identified sensitive animal and
plant species within the Palo Alto quadrangle, a large geographic area that includes the urban
portions along the bay and within the foothills, based on information in the California natural
Diversity Database (CNDDB). Based on this map, and the urban nature of the site, the subject
property does not contain any habitat for endangered, rare, or threatened species and has not
historically supported any of these species.
6. That the design of the subdivision or type of improvements is likely to cause serious
public health problems:
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The subdivision of this parcel and associated improvements would not have the potential to
result in serious health problems. The proposed multi -family use would not include use or
storage of hazardous materials and the use is located within the urban environment adjacent to
other residential uses. The site is not located on a hazardous waste site pursuant to
government code 65962.5.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision. In this connection, the governing body may approve a map if
it finds that alternate easements, for access or for use, will be provided, and that these
will be substantially equivalent to ones previously acquired by the public. This subsection
shall apply only to easements of record or to easements established by judgment of a
court of competent jurisdiction and no authority is hereby granted to a legislative body
to determine that the public at large has acquired easements for access through or use
of property within the proposed subdivision.
There are no public access easements over the property currently. Therefore, the design of the
subdivision will not conflict with any public easements for access through, or use of, the
property. An existing public utility easement along the northern lot line (rear lot line) is no
longer necessary and would be vacated in accordance with the conditions of approval of the
proposed development application. New public utility easements will be provided to existing
and proposed electrical utilities as part of this subdivision map as required in accordance with
City of Palo Alto Utilities standards.
SECTION 5. Vesting Tentative Map Approval Granted. Vesting Tentative Map Approval is filed
and processed in accordance to PAMC Section 21.13.020 and granted by the City Council under
PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to
the conditions of approval in Section 6 of this Record of Land Use Action.
SECTION 6. Final Map. The Final Map submitted for review and approval by the City Council
shall be in substantial conformance with the Vesting Tentative Map prepared by BKF Engineers
titled "Vesting Tentative Map 739 Sutter Avenue For Condominium Purposes City of Palo Alto,
California," consisting of nine (8) pages, stamped as received February 23, 2024, except as
modified to incorporate the conditions of approval in Section 6. A copy of the Vesting Tentative
Map is on file in the Department of Planning and Development Services, Current Planning
Division. Prior to the expiration of the Vesting Tentative Map approval, the subdivider shall
cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in
Chapter 21.08, to be prepared in conformance with the Vesting Tentative Map as conditionally
approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21
and submitted to the City Engineer (PAMC Section 21.16.010[a]).
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SECTION 7. Conditions of Approval Streamlined Housing Development Review.
PLANNING DIVISION
1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved
plans entitled, "739 Sutter Avenue by Ge Sun Palo Alto, California Streamlined Housing
Development Review Set" stamped as received by the City on February 8, 2024 on file with
the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by
these conditions of approval.
2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the
Planning, Fire, Public Works, and Building Departments.
3. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval shall be
printed on the second page of the plans submitted for building permit.
4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for
review and approval prior to construction. If during the Building Permit review and
construction phase, the project is modified by the applicant, it is the responsibility of the
applicant to contact the Planning Division/project planner directly to obtain approval of the
project modification. It is the applicant's responsibility to highlight any proposed changes to
the project and to bring it to the project planner's attention.
5. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and
shall be permanently maintained and replaced as necessary. Landscaping along the rear lot
line between the project and single-family residential uses shall be planted at a minimum
height of 8 feet and maintained as a landscape screen for the life of the project in
accordance with the code requirements for objective standards.
6. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC Section
9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal
or device, or any combination of same, on residential property, a noise level more than six
dB above the local ambient at any point outside of the property plane.
7. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no
amplified music shall be used for producing sound in or upon any open area, to which the
public has access, between the hours of 11:00pm and one hour after sunrise.
8. NOISE REPORT AT BUILDING STAGE. An analysis of the proposed project's compliance with
the City's noise requirements for the proposed HVAC was prepared as part of the
documentation to support a Class 32 categorical exemption. At the time of building permit
issuance for new construction or for installation of any such mechanical equipment, if the
proposed equipment exceeds the anticipated noise level that was analyzed or is proposed
in a location that is closer to the property line, the applicant shall submit an acoustical
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analysis by an acoustical engineer demonstrating projected compliance with the Noise
Ordinance. The analysis shall be based on acoustical readings, equipment specifications
and any proposed sound reduction measures, such as equipment enclosures or insulation,
which demonstrate a sufficient degree of sound attenuation to assure that the prescribed
noise levels will not be exceeded.
9. EASEMENT VACATION. The public utility easement at the rear of the property, which is no
longer necessary, shall be vacated in order to allow for tree plantings along the rear lot
line. If the easement must be vacated through separate instrument (instead of through the
mapping process), the applicant shall file the necessary forms and fees to process vacation
of the easement.
10. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs shall conform to the
requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject
to approval by the Director of Planning.
11. STANDARD REQUIREMENTS FOR UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL
RESOURCES. No known archeological resources are present on or within the immediate
vicinity of the site. However, as noted in the project description and per the City's standard
conditions, in the unlikely event that an archeological resource is unearthed during ground
disturbing activities, work in the immediate area should be halted and an archaeologist
meeting the Secretary of the Interior's Professional Qualifications Standards for archeology
(National Park Service 1983) shall be contacted immediately to evaluate the find. If the find
is Native American in origin, then a Native American representative should also be
contacted to participate in the evaluation of the find. The qualified archaeologist, and, if
applicable, the Native American representative, shall examine the find and make
recommendations regarding additional work necessary to evaluate the significance of the
find and the appropriate treatment of the resource. Recommendations could include, but
are not limited to, invasive or non-invasive testing, sampling, laboratory analysis,
preservation in place, or data recovery. A report of findings documenting any data
recovered during monitoring shall be prepared by a qualified archaeologist and submitted
to the Director of Planning.
12. STANDARD REQUIREMENTS FOR THE PROTECTION OF NESTING BIRDS. As detailed in the
project description and per the City's standard conditions, vegetation or tree removal shall
be prohibited during the general avian nesting season (February 1— August 31), if feasible.
If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as
approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to
determine the presence/absence, location, and activity status of any active nests on or
adjacent to the project site no more than 14 days prior to scheduled vegetation clearance
and/or demolition activities. If nesting birds are found to be present, a suitable buffer
(typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for
raptors) as determined appropriate by the biologist, shall be established around such
active nests and no construction shall be allowed within the buffer areas until a qualified
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biologist has determined that the nest is no longer active (i.e., the nestlings have fledged
and are no longer reliant on the nest).
13. TREE CANOPY REPLACEMENT. Replacement of the tree canopy for the two trees proposed
to be removed is required in accordance with Chapter 8 of the municipal code and the
City's Tree Technical Manual. At least seven 24 -inch box trees are required for tree canopy
replacement in accordance with the City's standards consistent with the approved
landscape plan, which meets or exceeds this requirement.
14. REFUSE. All trash areas shall be covered and maintained in an orderly state within private
garages to prevent water from entering into the garbage container. No outdoor storage is
allowed/permitted except when brought out to the street for pickup as shown in the plan set.
Trash areas shall be maintained in a manner to discourage illegal dumping.
15. BELOW MARKET RATE (BMR) HOUSING. This project is proposed as a state density bonus
project and is also subject to the affordable housing requirements set forth in Section
16.65.030 of the Palo Alto Municipal Code. In accordance with the City's requirements and
the proposed project in accordance with state density bonus law, the project is required to
contain no less than two (2) below market rate units dedicated as low income (50-80% of
AMI). A Regulatory Agreement in a form acceptable to the City Attorney for the two (2)
BMR units shall be executed and recorded prior to final map approval or building permit
issuance, whichever occurs first. All BMR units constructed under this condition shall be in
conformance with the City's BMR Program rules and regulations. Failure to comply with
the timing of this condition and any adopted BMR Program rules and regulations shall not
waive its later enforcement.
16. RENTER PROTECTIONS. The project is subject to the renter protection requirements set
forth in PAMC Section 9.68.050 for no fault evictions for rental properties with less than 10
units. This includes either rental fee waiver for the last month or relocation assistance as
detailed in the municipal code. Notification requirements in accordance with the code is
required. Documentation showing compliance with these code requirements must be
provided to the project planner prior to issuance of a demolition/deconstruction permit.
17. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of
$279,177.12 plus the applicable public art in private development fee, per PAMC
16.61.040, shall be paid prior to the issuance of the related building permit(s).
18. IMPACT FEE 90 -DAY PROTEST PERIOD. California Government Code Section 66020 provides
that a project applicant who desires to protest the fees, dedications, reservations, or other
exactions imposed on a development project must initiate the protest at the time the
development project is approved or conditionally approved or within ninety (90) days after
the date that fees, dedications, reservations or exactions are imposed on the
Project. Additionally, procedural requirements for protesting these development fees,
dedications, reservations and exactions are set forth in Government Code Section 66020.
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IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90 -DAY PERIOD OR FOLLOW THE PROTEST
PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED
FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS,
RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes,
assessments, dedications, reservations, or other exactions as specified in Government
Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this
notice, the 90 -day period has begun in which you may protest these requirements. This
matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time
by which judicial review must be sought is governed by CCP Section 1094.6.
19. ENTITLEMENT EXPIRATION. The project approval shall be valid for a period of two years
from the date of issuance of the entitlement. If within such two-year period, the proposed
use of the site or the construction of buildings has not commenced, the Planning
entitlement shall expire. Application for a one-year extension of this entitlement may be
made prior to expiration.
20. FINAL INSPECTION. A Planning Division Final inspection will be required to determine
substantial compliance with the approved plans prior to the scheduling of a Building
Division final. Any revisions during the building process must be approved by Planning,
including but not limited to; materials, landscaping and hard surface locations. Contact
your Project Planner, Claire Raybould at Claire.Raybould@cityofpaloalto.org to schedule
this inspection.
21. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold
harmless the City, its City Council, its officers, employees and agents (the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party against
the indemnified parties and the applicant to attack, set aside or void, any permit or
approval authorized hereby for the Project, including (without limitation) reimbursing the
City for its actual attorneys' fees and costs incurred in defense of the litigation. The City
may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
PUBLIC WORKS ENGINEERING
22. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENT. Applicant shall be advised that
most forms, applications, and informational documents related to Public Works
Engineering conditions can be found at the following link:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms-
and-Permits
23. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS. Developer shall
familiarize themselves with the guidelines described in the November 2007 revision of the
document titled "Overview and Guidelines for the Review of Subdivision Projects".
Particularly Section II (items 5 through 12) and Section V (items A through C).
https://www.cityofpaloalto.org/files/assets/public/planning-amp-development-
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services/file-migration/current-planning/forms-and-guidelines/overview-and-guidelines-
for-the-review-of-subdivision-projects.pdf
24. MAP THIRD -PARTY REVIEW. The City contracts with a third -party surveyor that will review
and provide approval of the map's technical correctness as the City Surveyor, as permitted
by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee
Letter from the third -party surveyor and the applicant will be responsible for payment of
the fee's indicated therein, which is based on the complexity of the map.
25. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the
Department of Public Works for all public improvements.
26. GRADING AND EXCAVATION PERMIT. A Grading Permit is required per PAMC Chapter
16.28. The permit application and all applicable documents (see Section H of application)
shall be submitted to Public Works Engineering. Add the following note: "THIS GRADING
PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM
DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR
REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT
APPROVAL."
27. GEOTECHNICAL ENGINEER STATEMENT. The grading plans shall include the following
statement signed and sealed by the Geotechnical Engineer of Record: "THIS PLAN HAS
BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND
PURPOSE OF THE GEOTECHNICAL REPORT".
28. LOGISTICS PLAN. A construction logistics plan shall be provided addressing all impacts to
the public including, at a minimum: work hours, noticing of affected businesses, bus stop
relocations, construction signage, dust control, noise control, storm water pollution
prevention, job trailer, contractors' parking, truck routes, staging, concrete pours, crane
lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes
shall conform to the City of Palo Alto's Trucks and Truck Route Ordinance, Chapter 10.48,
and the route map. NOTE: Some items/tasks on the logistics plan may require an
encroachment permit.
29. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall
obtain an encroachment permit from the Public Works Department for any work that
encroaches onto the City right-of-way.
30. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the
"Pollution Prevention — It's Part of the Plan" sheet.
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31. C.3 THIRD -PARTY CERTIFICATION: Applicant shall provide certification from a qualified
third -party reviewer that the proposed permanent storm water pollution prevention
measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code
Chapter 16.11.
32. Submit the following as part of the building permit application:
a. Stamped and signed C.3 data form (April 2023 version) from SCVURPPP.
https://scvurppp.org/wp-content/uploads/2023/04/SCVURPPP-C.3-Data-Form-
-updated 4-12-2023 clean fillable.pdf
b. Final stamped and signed letter confirming which documents were reviewed and
that the project complies with Provision C.3 and PAMC 16.11.
33. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance
Agreement with the City to guarantee the ongoing maintenance of the permanent storm
water pollution prevention measures. The City will inspect the treatment measures yearly
and charge an inspection fee. The agreement shall be executed by the applicant team prior
to building permit final.
34. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the
installation of the required storm water treatment measures and prior to the issuance of an
occupancy permit for the building, the third -party reviewer shall submit to the City a
certification verifying that all the permanent storm water pollution prevention measures
were installed in accordance with the approved plans.
35. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire
project frontage, curb -to -curb, by performing a 3.5" grind and overlay. The exact
restoration limits will be determined once the resulting road condition is known following
completion of heavy construction activities and utility lateral installations, at minimum the
extent will be the project frontage.
TRANSPORTATION
36. SHORT-TERM BICYCLE PARKING ACCESS. Provide at least a six -foot -long, 5 -foot wide paved
area for the short-term bicycle parking area bicycle parking.
37. ON STREET PARKING FOR TRASH PICKUP. Due to the width of Sutter Avenue, on -street
parking may need to be restricted to one side of the street for all or a portion of the roadway
segment along the project frontage during trash pickup hours. Applicant shall install required
parking restriction signs for trash pick-up hours as part of the project. The parking restriction
signage plan shall be reviewed by the Office of Transportation as part of the building permit
application.
WASTE -GAS -WATER UTILITIES
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38. UTILITY DISCONNECT. Prior to issuance of a demolition permit the applicant shall submit a
request to disconnect utility services and remove meters. The utilities demo is to be
processed within 10 working days after receipt of the request. The demolition permit will be
issued by the building inspection division after all utility services and/or meters have been
disconnected and removed.
39. SERVICE CONNECTION APPLICATION. At the time of building permit application the applicant
shall submit a completed water -gas -wastewater service connection application - load sheet
for the City of Palo Alto Utilities. The applicant must provide all the information requested for
utility service demands (water in fixture units/g.p.m., fire in g.p.m., and sewer in fixture
units/g.p.d.). The applicant shall provide the new loads and the combined/total loads. Show
on the plans by adding a text note: THIS IS AN "ALL -ELECTRIC" BUILDING PROJECT NO NEW
GAS SERVICE OR GAS HOOKUPS WILL BE INSTALLED.
40. UTILITY IMPROVEMENT PLANS. At the time of building permit application the applicant shall
also submit improvement plans for utility construction. The plans must show the size and
location of all underground utilities within the development and the public right of way
including meters, backflow preventers, fire service requirements, sewer mains, sewer
cleanouts, sewer lift stations, and any other required utilities. Plans for new wastewater
laterals and mains need to include new wastewater pipe profiles showing existing potentially
conflicting utilities, especially storm drain pipes, and electric and communication duct banks.
Existing duct banks need to be daylighted by potholing to the bottom of the ductbank to
verify cross section prior to plan approval and starting lateral installation. Plans for new storm
drain mains and laterals need to include profiles showing existing potential conflicts with
sewer, water, and gas.
41. AUXILIARY WATER SUPPLY. On the building permit and relevant utility applications, the
applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water
well, gray water, recycled water, rain catchment, water storage tank, etc.).
42. UTILITY LATERALS AND MAINS. The applicant shall be responsible for installing and upgrading
the existing utility mains and/or services, laterals as necessary to handle anticipated peak
loads. This responsibility includes all costs associated with the design and construction for the
installation/upgrade of the utility mains and/or services/laterals.
43. RPPA. An approved reduced pressure principle assembly (RPPA backflow preventer device) is
required for all existing and new water connections from Palo Alto Utilities to comply with
requirements of California administrative code, title 17, sections 7583 through 7605 inclusive.
The RPPA shall be installed on the owner's property and directly behind the water meter
within 5 feet of the property line. RPPA's for domestic service shall be lead free. Show the
location of the RPPA on the plans.
44. RPDA. An approved reduced pressure detector assembly (RPDA backflow preventer device,
STD. WD -12A or STD. WD -12B) is required for all existing and new fire water connections from
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Palo Alto Utilities to comply with requirements of California administrative code, title 17,
sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property
and directly behind the City's fire service, within 5' (feet) of the property line or City Right of
Way.
45. BACKFLOW PREVENTER. All backflow preventer devices shall be approved by the WGW
engineering division. Inspection by the city inspector is required for the supply pipe between
the meter and the assembly.
46. CAPACITY FEES. Prior to building permit issuance, the applicant shall pay the capacity fees
and connection fees associated with new utility service/s or added demand on existing
services. The approved relocation of services, meters, hydrants, or other facilities will be
performed at the cost of the person/entity requesting the relocation.
47. FIRE WATER LATERAL. A new water service line installation for fire system usage is required.
Show the location of the new water service on the building permit plans. The applicant shall
provide the engineering department with a copy of the plans for the fire system including all
fire department's requirements.
48. METERS. Each unit or building shall have its own water meter shown on the plans. Each parcel
shall have its own water service and sewer lateral connection shown on the plans.
49. SEWER LATERAL. A new sewer lateral is required, and a profile of the sewer lateral is required
showing any possible conflicts with electric/communications duct banks or other utilities.
50. WATER LATERAL. All existing water and wastewater services/laterals that will not be reused
shall be abandoned at the main per the latest WGW utilities standards.
51. SEPARATION. Utility vaults, transformers, utility cabinets, concrete bases, or other structures
cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1'
horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found
in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated
from the plan location as needed to meet field conditions. Trees may not be planted within
10 feet of existing water, gas, and wastewater mains/laterals/water services/or meters. New
water or wastewater services/laterals/meters may not be installed within 10' of existing
trees. Maintain 10' between new trees and new water and wastewater
services/laterals/meters except as otherwise approve in conjunction with utilities and urban
forestry, including as shown on the approved plans.
52. COPY OF PLANS. The applicant shall provide to the WGW Utility Engineering department a
copy of the plans for the fire system including all fire department's requirements prior to the
actual service installation.
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53. UTILITY INSTALLATIONS. All utility installations shall be in accordance with the City of Palo
Alto utility standards for water, gas, & wastewater
PUBLIC WORKS ELECTRIC UTILITIES
54. UTILITY EASEMENT REQUIRED. Prior to energization, a public utility easement is required to
provide access to the proposed transformer. This can either be provided through separate
instrument and documented on the tentative and final map or dedicated through the
tentative and final map process.
55. UTILITIES APPLICATION. Changes to existing electric utilities equipment on site, such as the
transformer, will require a utilities application. Submit a utilities application and obtain City
of Palo Alto Utilities Electrical Engineering approval for the modifications to the electrical
system.
56. UTILITY DISCONNECT. The applicant shall submit a request to disconnect all existing utility
services proposed for removal, including a signed affidavit of vacancy, on the form provided
by the Building Inspection Division. Utilities will be disconnected or removed within 10
working days after receipt of request. The demolition permit will be issued after all utility
services and/or meters have been disconnected and, as applicable, removed.
57. UTILITIES SHOWN ON LANDSCAPE PLANS. All utility meters, lines, transformers, backflow
preventers, and any other required equipment shall be shown on the landscape and irrigation
plans and shall show that no conflict will occur between the utilities and landscape materials.
In addition, all aboveground equipment shall be screened in a manner that is consistent with
the building design and setback requirements.
58. PERMIT. Contractors and developers shall obtain permit from the Department of Public
Works before digging in the street right-of-way. This includes sidewalks, driveways and
planter strips.
59. UNDERGROUND SERVICES ALERT. At least 48 hours prior to starting any excavation, the
customer must call Underground Service Alert (USA) at 1-800-227-2600 to have existing
underground utilities located and marked. The areas to be checked for underground facility
marking shall be delineated with white paint. All USA markings shall be removed by the
customer or contractor when construction is complete.
60. CITY STANDARDS. All new underground conduits and substructures shall be installed per City
standards and shall be inspected by the Electrical Underground Inspector before backfilling.
PUBLIC WORKS ZERO WASTE
61. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source
separation are required for all residential and commercial projects where structures (other
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than a garage or ADU) are being completely removed, demolition is no longer allowed.
Deconstruction takes longer than traditional demolition, it is important to plan ahead. For
more information, visit www.cityofpaloalto.org/deconstruction.
62. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit
applications. The survey shall be conducted by a City approved reuse vendor. The survey
submittal shall include an itemized list of materials that are salvageable for reuse from the
project. The applicant shall source separate and deliver materials for reuse. Certification is
required indicating that all materials identified in the survey are properly salvaged. Contact
The ReUse People to schedule this FREE survey by phone (888) 588-9490 or e-mail
info@thereusepeople.org. More information can be found at www.TheReusePeople.org.
Please upload a completed copy to the deconstruction permit.
63. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction
materials into specific categories for recycling. Additional staging areas for source separated
materials will need to be considered. All materials shall be delivered to one of the City
approved materials recovery facilities listed in Green Halo, all records shall be uploaded to
www.greenhalosystems.com. For more information, refer to
www.cityofpaloalto.org/deconstruction.
PUBLIC WORKS WATER QUALITY
64. Stormwater Best Management Practices (BMPs) associated with refuse management
(including actions related to refuse pick-up and the enclosure itself) shall be followed to
ensure pollution prevention and preventing potential discharges to the City's storm drain
system. Stormwater BMPS include, but are not limited to, power washing the pavement on
both the private property and in the right-of-way and sidewalk a minimum of once per year
before the wet season begins on October 1st; utilizing a power washing contractor that is a
Recognized Surface Cleaner by the Bay Area Stormwater Management Agencies Association
(BASMAA); disposing of wash water according to the Recognized Surface Cleaner certification
requirements; and removing any potential trash build-up on a regular basis.
PUBLIC WORKS URBAN FORESTRY
65. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include
a. SHEET T-1, BUILDING PERMIT. The building permit plan set will include the City's full-
sized, Sheet T-1 (Tree Protection -it's Part of the Plan!), available on the Development
Center website at
http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant
shall complete and sign the Tree Disclosure Statement and recognize the Project
Arborist Tree Activity Inspection Schedule.
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b. The Tree Preservation Report (TPR). All sheets of the Applicant's TPR approved by the
City for full implementation by Contractor shall be printed on numbered Sheet T-1 (T-
2, T-3, etc) and included in the sheet index for the plans submitted for building permit.
66. PLANS --SHOW PROTECTIVE TREE FENCING. The Plan Set (esp. site, demolition, grading &
drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must
delineate/show Type I or Type II fencing around each Regulated Trees, using a bold dashed
line enclosing the Tree Protection Zone as shown on Standard Dwg. #605, Sheet T-
1, and the City Tree Technical Manual, Section 6.35 -Site Plans; or using the Project
Arborist's unique diagram for each Tree Protection Zone enclosure.
67. SITE PLAN REQUIREMENTS. The following notes shall be included on the site plan for the
plans submitted for building or grading permits:
i. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule
measures, design recommendations, watering and construction scheduling shall be
implemented in full by owner and contractor, as stated on Sheet T-1, in the Tree
Protection Report and the approved plans".
ii. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and
relevant sheets shall add a note applying to the trees to be protected,
including neighboring trees stating: "Regulated Tree --before working in this area
contact the Project Site Arborist at 650-654-3351"
iii. Note #3. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets
shall include the following note: "Utility trenching shall not occur within the TPZ of the
protected tree. Contractor shall be responsible for ensuring that no trenching occurs
within the TPZ of the protected tree by contractors, City crews or final landscape
workers. See sheet T-1 for instructions."
iv. Note #4. "Basement or foundation plan. Soils Report and Excavation for basement
construction within the TPZ of a protected tree shall specify a vertical cut (stitch piers
may be necessary) in order to avoid over -excavating into the tree root zone. Any
variance from this procedure requires Urban Forestry approval, please call (650) 496-
5953."
v. Note #5. "Pruning Restrictions. No pruning or clearance cutting of branches is permitted
on City trees. Contractor shall obtain a Public Tree Permit from Urban Forestry (650-496-
5953) for any work on Public Trees"
62. TREE PROTECTION VERIFICATION. Prior to demolition, grading or building permit issuance,
a written verification from the contractor that the required protective fencing is in place
shall be submitted to the Building Inspections Division. The fencing shall contain required
warning sign and remain in place until final inspection of the project.
DURING CONSTRUCTION
63. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or
trenching beneath a tree canopy shall be performed using 'air -spade' method as a
preference, with manual hand shovel as a backup. For utility trenching, including sewer line,
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roots exposed with diameter of 1.5 inches and greater shall remain intact and not be
damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1,
Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by
Contractor.
64. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be
reviewed and responded to by the (a) project site arborist, or (b) landscape architect with
written letter of acceptance before submitting the revision to the Building Department for
review by Planning, PW or Urban Forestry.
65. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection
and inspection schedule measures, design recommendations and construction scheduling as
stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC
8.10.080. The required protective fencing shall remain in place until final landscaping and
inspection of the project. Project arborist approval must be obtained and documented in
the monthly activity report sent to the City. The mandatory Contractor and Arborist
Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org)
beginning with the initial verification approval, using the template in the Tree Technical
Manual, Addendum 11.
66. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor.
Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant
to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of
any publicly owned or protected trees that are damaged during the course of construction,
pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section
2.25.
67. GENERAL. The following general tree preservation measures apply to all trees to be
retained: No storage of material, topsoil, vehicles or equipment shall be permitted within
the tree enclosure area. The ground under and around the tree canopy area shall not be
altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to
ensure survival.
POST CONSTRUCTION
68. MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized, and
pruned according to Best Management Practices -Pruning (ANSI A300-2008 or current
version) and the City Tree Technical Manual, Section 5.00. Any vegetation that dies shall be
replaced or failed automatic irrigation repaired by the current property owner within 30
days of discovery.
SECTION 8. Conditions of Approval Vesting Tentative Map.
Planning
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1. PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the
City Council shall be in substantial conformance with the Vesting Tentative Map titled
"Vesting Tentative Map 739 Sutter Avenue For Condominium Purposes City of Palo Alto,
California", prepared by BKF Engineers and submitted February 23, 2024, except as
modified to incorporate the conditions of this approval.
2. DENSITY BONUS UNITS. The project seeks a waiver of the minimum street width
requirements to permit a minimum 20 -foot wide private street. In order to qualify for a
waiver from this development standard the project shall provide a minimum of two (2)
dwelling units at rates affordable to low income households, as defined in Section 50093
of the Health and Safety Code.
3. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall
include the name and title of the Director of Planning and Development Services.
4. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto's Municipal Code provides
that all condominium and other "community housing projects" shall submit Covenants,
Conditions and Restrictions (CC&R's) to the City Attorney for approval before issuance
of the Final Map. The City Attorney has developed the following standard covenants
which shall be included in all CC&R's.
PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property,
including all common areas, private streets and, parks within the property,
shall at all times comply with the City's Zoning Code and shall not be used for
any purpose other than as permitted in the City Zoning Code.
b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other
improvements to the property shall comply with all applicable City Codes.
c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is
responsible for maintenance and landscaping of all parts of the community
housing project which are held in common and such maintenance shall be
performed to the standard of maintenance prevalent in the neighborhood.
(See PAMC Section 16.38.030(a)).
d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The
association may terminate the contract of any person or organization
engaged by the developer to perform management or maintenance duties
three months after the association assumes control of the community
housing project or any time thereafter. (See PAMC Section 16.38.030(b).)
e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its
residents, nor their agents, employees, representatives, invitees, licensees,
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Attachment B - Record of
Land Use Action
customers, or contractors shall alter or modify any storm water facilities in
any way including but not limited to placing, maintaining, constructing, or
planting any improvements, landscaping or other items, including without
limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on
any storm water facilities.
f. TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY
ORDINANCES. All trash disposal and recycling areas shall be kept in a clean
and sanitary condition and shall comply with all applicable City Ordinances.
g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association,
its residents, nor their agents, employees, representatives, invitees,
licensees, customers, or contractors shall use the property in any way which
emits pollution into the atmosphere in excess of environmental standards set
forth by City, State, and Federal laws, ordinances, and regulations. Neither
the association, its residents, nor their agents, employees, representatives,
invitees, licensees, customers, or contractors shall discharge garbage, trash,
waste, or any other substance or materials of any kind into any private or
public sewer or waterway on the property in violation of any regulations of
any private or public body having jurisdiction over such matters.
h. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL.
Any amendments or modifications to the organizational documents shall be
submitted to the city attorney for approval. No amendment or modification
to the organizational documents shall be effective without prior written
consent of the city attorney.
CITY'S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is
hereby granted the right, but in no event the duty, to enforce the covenants
and restrictions set forth in this section of the organizational documents. The
association shall recognize that it has the primary responsibility for
enforcement of the organizational documents and unequivocally guarantees
to institute and expeditiously prosecute any required legal action to obtain
compliance with all provisions set forth in the organizational documents.
NO WAIVER OF CITY'S RIGHTS. No failure of the City to enforce any of the
covenants or restrictions contained in the organizational documents will in
any event render them ineffective.
k. CITY'S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to
the City to cure any breach or violation of the organizational documents shall
be cumulative to any other provisions of law. The City's failure to exercise
any remedy provided for in the organizational documents shall not, under
any circumstances, be construed as a waiver of the remedy.
20
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Attachment B - Record of
Land Use Action
SEVERABILITY. Invalidation of any one of the City's required covenants or
restrictions by judgment or court order shall in no way affect any other
provisions which shall remain in full force and effect.
5. ADDITIONAL CC&R REQUIREMENT. The CC&Rs shall also include a provision that dictates
the responsibilities of tenants for the trash pickup for the townhomes as shown in the
approved plan set.
6. FINAL MAP EXPIRATION. A Final Map, in conformance with the approved Vesting
Tentative Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16),
and to the satisfaction of the City of Palo Alto and its representatives, shall be filed with
the Planning Division and the Public Works Engineering Division within two years of the
Vesting Tentative Map approval date or this approval will expire. A one-year extension
may be granted in accordance with the allowances set forth in the municipal code.
7. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all
applicable development impact fees associated with the proposed development and
subdivision prior to issuance of the building permit(s), as detailed in the Streamlined
Housing Development Review Approval.
8. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold
harmless the City, its City Council, its officers, employees and agents (the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party
against the indemnified parties and the applicant to attack, set aside or void, any permit
or approval authorized hereby for the Project, including (without limitation) reimbursing
the City for its actual attorneys' fees and costs incurred in defense of the litigation. The
City may, in its sole discretion, elect to defend any such action with attorneys of its own
choice.
Public Works Engineering
9. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS. Applicant shall be advised
that most forms, applications, and informational documents related to Public Works
Engineering conditions can be found at the following link:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-
Services/Forms-and-Permits
10. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS. Developer
shall familiarize themselves with the guidelines described in the November 2007
revision of the document titled "Overview and Guidelines for the Review of Subdivision
Projects". Particularly Section II (items 5 through 12) and Section V (items A through C).
https://www.cityofpaloalto.org/files/assets/public/planning-amp-development-
services/file-migration/current-planning/forms-and-guidelines/overview-and-
21
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Attachment B - Record of
Land Use Action
uidelines-for-the-review-of-subdivision-oroiects
11. MAP THIRD -PARTY REVIEW. The City contracts with a third -party surveyor that will
review and provide approval of the map's technical correctness as the City Surveyor, as
permitted by the Subdivision Map Act. The Public Works Department will forward a
Scope & Fee Letter from the third -party surveyor and the applicant will be responsible
for payment of the fee's indicated therein, which is based on the complexity of the map.
12. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the
Department of Public Works for all public improvements.
13. GRADING AND EXCAVATION PERMIT. A Grading Permit is required per PAMC Chapter
16.28. The permit application and all applicable documents (see Section H of
application) shall be submitted to Public Works Engineering. Add the following note:
"THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION
OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE
SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE
BUILDING PERMIT APPROVAL."
14. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following
statement signed and sealed by the Geotechnical Engineer of Record: "THIS PLAN HAS
BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT
AND PURPOSE OF THE GEOTECHNICAL REPORT".
15. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant
shall obtain an encroachment permit from the Public Works Department for any work
that encroaches onto the City right-of-way.
16. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts
to the public including, at a minimum: work hours, noticing of affected businesses, bus
stop relocations, construction signage, dust control, noise control, storm water pollution
prevention, job trailer, contractors' parking, truck routes, staging, concrete pours, crane
lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck
routes shall conform to the City of Palo Alto's Trucks and Truck Route Ordinance,
Chapter 10.48, and the route map. NOTE: Some items/tasks on the logistics plan may
require an encroachment permit.
SECTION 9. Terms of Approval.
1. Streamlined Housing Development Review. In the event actual construction of the
project is not commenced within two years of the date of council approval, the approval
shall expire and be of no further force or effect.
2. Vesting Tentative Map. All conditions of approval of the Vesting Tentative Map shall be
fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final
22
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Attachment B - Record of
Land Use Action
Map is filed, and all conditions of approval are fulfilled within a two-year period from
the date of Vesting Tentative Map approval, the Vesting Tentative Map shall expire and
all proceedings shall terminate. An extension of time may be granted by the city council
after recommendation of the planning commission, upon the written application of the
subdivider, prior to the expiration of the Vesting Tentative Map approval, or any
previous extension granted. Such extension(s) shall be subject to the maximum
limitations set forth in the Subdivision Map Act.
//
//
//
//
//
//
//
//
//
//
//
//
//
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
23
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Item 10
Attachment B - Record of
Land Use Action
��1111*111
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
PLANS AND DRAWINGS REFERENCED:
Mayor
Director of Planning and
Development Services
Those plans prepared by Dahlin Group titled "739 Sutter Avenue by Ge Sun Palo Alto, California
Streamlined Housing Development Review Set" consisting of XXX pages, dated and submitted
February 8, 2024.
Those plans prepared by BKF Engineers titled "Vesting Tentative Map 739 Sutter Avenue For
Condominium Purposes City of Palo Alto, California," consisting of nine pages, dated February
20, 2024 and submitted February 24, 2024.
24
Item 10: Staff Report Pg. 35 Packet Pg. 190 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
0. APPEAL A DEEISI0N OF
A THE DIRECTOR OF PLANNING & DEVELOPMENT SERVICESP*
ALTO
Fpr ppeais of final tiilortx oihIk tkur6l Review Board $nd I•th me Irnp�owem ent Exc-0Rtlon app}icatiorl '
(rendered after public hearing], this appeal form shat I be completed and submitted by appell0nl within
fourteen {14 f day;t from ?a a i)f the Direcper'5 decision, Appcats of Final d ckJifis ork Individual RevF w
applltbki is.IreM1deted after Ou1�l+€ heaelrig] must be 5ubmi tted within ten {1i days of the Cirectof $
decision_ This comp!ted fo4m . nd a litter statIr reasons For th-P appal mkist be subm Itted via i Mall is all
three of the for -lowing email ,I ddre#ses i,odle R rh,je cit5+ofpal -Da!to. �+ ronica.tF.lo is fi a1 It _
and vinhloc. nguwen@cilyoFpsloal ty.or3�, On reeld, staF! wI II contact yoetD make payment via the
CiW5onlirsp portal.
• Diretio cW R mning Fneludes ha desgnees, Pla nrIIng Mana6ers Qr t1e #bar Plar5ning 0f[Ir,1�I
App€ t Application No_22PL I-00201 IkecerptNo.
lane QF Appella�st San C revs Caw# Jeighl.orhv%l Adi Phone S ) -573-57QQ
Address r}oSilboorb Vallew Law Group, 1 North Merkel Street, Suite 200, San Jose. CA 95113
SVl�t {iep ZJP
LOAT1 OF PIROPERTw S . J Cr TO APPEAL-.
Street Address 739 -$killer. Palo Al[o, CA
Name of Propertj Owner i;iif other thart appellant) Grace LI. Sutter 739 A5soaate5, LLC
Pr rty Dwner's Address P.O. Sox X563. wan MAte . CA 944D3
S1rrrL C;L7r
zip
Th dec3Sion of the Dvrtltiot of Planning $ flevelapment Services dated M.3rc i 18, 20 24
whereby the application 22FLN- 0201 by 739 Associates. LLC
file nurobet) {orfnal project apple r ti
was approved , is hereblt appealed for the reasons stated in the alta:chead letter (in di.lpllc$te)
taPA�or{q+denl[41 1
D:.;f7/ 7/iellr A.I J4'�
PLANIN I fG CDMMISSION 1RECOMME N DATI ON TO THE CITY CO Ll Ni•IL [TO Erb PILLED OUT BY STAFF I;
Wte Approved
Rerrrt5 a red/or Conditions-
CItY CCU k ciiON [10 dE F I LIED OUT by STAFF -
Dale Appro ed:[ Den led
Remarks ar+djrw- or%ditlon :
SUBMITTAL BEQUIREMEPJTS SATISFIED:
1. Letter Stat+ne reas4t55 far appeal Riueiwed by
2. Fee ($7C+p-00 for FY 2024] Received by^
Item 10: Staff Report Pg. 36 Packet Pg. 191 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
• GROUP
A LAW CORPORATION
March 27, 2024
Via Hand Delivery and Electronic Mail: jodie.gerhardt@cityofpaloalto.org,
veronica.dao@cityofpaloalto.org and vinhloc.nguyen@cityofpaloalto.org.
Jodie Gerhardt, Manager of Current Planning
City of Palo Alto
Planning and Development Services Department
250 Hamilton Avenue
Palo Alto, CA 94301
RE: 739 Sutter Avenue Residential Project, 22PLN-00201 — Appeal Pursuant to Title
18.77.073 of Palo Alto Municipal Code
Dear Ms. Gerhardt:
Silicon Valley Law Group (SVLG) has been retained by the San Carlos Court
Neighborhood Association (SCCNA) to prepare this letter pertaining to the proposal to develop a
12 -unit, three-story, over 35 -foot -tall, multi -family residential project at 739 Sutter Avenue in
Palo Alto (21PLN-00222/22PLN-00201) (the "Project"). SCCNA opposes the development of
high -density housing on said parcel (Assessor Parcel Number 125-35-200). This letter is in
support of our appeal of your March 18, 2024, approval of the above referenced project.
On behalf of SCCNA, we request that the Project be heard by the City Council. We
further request that the City Council not place this matter on the consent calendar, but instead
place it on an agenda for a separate hearing.
I. Introduction
SVLG submitted letters dated August 30, 2023, and November 1, 2023, which set forth
the reasons why the Project was not adequately reviewed under the California Environmental
Quality Act (CEQA) as a project with potentially significant environmental impacts. It is our
position, that at a minimum, an Initial Study/Negative Declaration (IS/MND) must be prepared.
A Class 32 Categorical Exemption was instead incorrectly prepared against our objections. Our
August 30, 2023, letter is attached as Exhibit 1, and our November 1, 2023, letter is attached as
Exhibit 2. We reiterate the concerns set forth in these letters and incorporate them herein.
As we stated previously in our previous letters, there can be no question that an increase
in multi -story high -density residential units on the Project site, all of which will be 3 -bedroom,
will result in significant traffic, and construction -related noise and air quality impacts and public
safety issues. One of the main criteria for the preparation of a Categorical Exemption (CE) is
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
Item 10: Staff Report Pg. 37 Packet Pg. 192 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Letter to Planning and Dev. Services Dept Association
March 27, 2024
Page 2
that new construction would not result in the development of more than six total dwelling units
(Class 3, Section 15303 of the CEQA Guidelines). The proposed Project is clearly in violation
of this CEQA requirement. In addition, the other criteria for a CE are not met: the Project is not
consistent with the applicable general plan designation and all applicable plan policies as well as
with applicable zoning designation and regulations; and approval of the Project will result in
significant effects relating to traffic and noise.
Under Palo Alto Municipal Code Title 18.77.073(e), an appeal of the approval must
show: (A) the project would have a specific, adverse impact upon the public health or safety
unless the project is disapproved or approved upon the condition the project be developed at a
lower density; and (B) there is no feasible method to satisfactorily mitigate or avoid the adverse
impact identified pursuant to subsection (d)(2)(B)(i), other than disapproval of the housing
development project or the approval of the project upon the condition that it be developed at a
lower density.
II. Discussion
1. The project will have a specific, adverse impact upon public health or safety.
As set forth in our previous letters, the Project will have an adverse impact on public
health and safety. Our letters explain that the plans for the site appear to show potential conflicts
between automobile, pedestrian, and bicycle travel pathways. The CE for the project states that
emergency access is not required for the site based on access from Sutter Avenue. However, the
CE also states that "due to existing overhead lines, aerial ladder access is not included in the
proposed fire safety plan for this site." If fire access is supposed to be provided from trucks on
Sutter Avenue, yet overhead lines do not allow aerial ladder access, how are fires supposed to be
adequately fought?
As described above, the nearest distance between the 3 -story project and the neighboring
homes is 12 feet. If a fire is not immediately extinguished, multiple residential homes could be
burned to the ground, especially for a project with such reduced setbacks and heights in excess of
what is allowed in the Municipal Code. This is a significant CEQA impact due to inadequate
emergency access, not adequately studied in the CE. This must be corrected by the preparation
of an IS/MND.
In addition, the proposed method of providing emergency fire services to the back of the
site, in particular, the use of only ground ladders, is not supported in the 2030 Comprehensive
Plan. For example, Policy S-2.13: "Minimize exposure to wildland and urban fire hazards
through rapid emergency response, proactive code enforcement, public education programs, use
of modern fire prevention measures and adequate emergency management preparation." The use
of ladders only rather than aerial access to 32 -foot -tall structures proposed for the back of the site
cannot be considered to be rapid or modern fire prevention measures.
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
10655899.DOCX
Item 10: Staff Report Pg. 38 Packet Pg. 193 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Letter to Planning and Dev. Services Dept Association
March 27, 2024
Page 3
The February 2023 fire in Palo Alto that damaged AJ's Cleaners, Philz Coffee, Bill's Cafe
and Palo Alto Fine Wine & Spirits highlights the real fire danger posed in a densely populated
area. We are concerned that the fact that there is only 12 feet from 7 unit, 3 story Building 2
project to the San Carlos Court homes creates an unacceptable increased fire risk.
We believe it is critical that the City evaluate these risks, in addition to the other public
health issues we have raised in our previous letters, in an IS/MND.
2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact
other than disapproval of the Project.
The Project as approved does not mitigate the numerous issues we have raised and should
not be approved.
3. The Project does not consider the impact on the members of the SCCNA.
The current plan shows no reference to the four neighboring R1 homes on San Carlos
Court being on substandard lots of sizes less than 5,000 square feet, which caps their buildable
height to only one story. The proposed third floor balconies and choice of trees for screening
along the back fence do not take the nature of the substandard lot homes into proper
consideration and create a situation for invasion of privacy as they are currently designed.
Essentially, the homeowners on San Carlos Court will lose all their privacy given the third -floor
balconies. This is not only a privacy issue, it is also a public safety issue.
A. Appropriate trees should be planted for privacy.
The trees depicted in the Project plans do not accurately reflect the actual trees that will
be proposed - there will be no such trees in between the buildings.
The planting list (page 46 of Cycle 6) suggested twenty-four 24" -box sized Podocarpus in
total (See screenshot below). These trees are not tall enough to serve as rear screening between
the R20 zone development and the R1 zone residentials.
Considering the height of Building 2 is 32 feet, and the distance between the San Carlos
Court substandard homes and the three stories is 12-32 feet from the nearest to the furthest, we
strongly request the developer consider a better solution on the rear screening by updating the
plants to 48" -box sized Laurus Nobiles Saratoga trees as recommended by Vavuris Landscaping
(a licensed landscaper) in the letter attached as Exhibit C.
It is suggested that the hedges would need to be grown to 12-15 feet high to preserve
privacy for both the existing homes and the new residences. Current plant does not meet the
requirement. (Recommendation letter attached for further reference.)
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
10655899.DOCX
Item 10: Staff Report Pg. 39 Packet Pg. 194 of 410
Letter to Planning and Dev. Services Dept
March 27, 2024
Page 4
PLANTING LIST
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
QTY
SIZE
WUCOLS
NOTES
Mature Sine
SPACING
NATIVE
SYMBOL
BOTANICAL NAME -COMMON NAME
(HXV4)
TREES
Ti
Podocarpus grad lior - Fern Pine (5-replacamenl Iraej
24
24" box
M
COlumrl
40'?( 25'
24'
r2
Gino b.'Faianount' - Maidenhair Tree re lacement tree
a
24" box
M
standard
45'X 15'
X30'
T3
Acer palmatum'Bloodgood' - Red Maple
9
24" box
M
natural
20' X 15
-
T4
Tristanid sis laurina 'Ele ant' - Elegant Water Gum
3
24- box
L
standard
20'X 15'
16'
Any design should be consistent with 18.16.060 Multiple Family Context -Based Design Criteria
and Objective Design Standards which states:
C. Respecting privacy of neighboring structures, with windows and upper floor
balconies positioned so they minimize views into neighboring properties (Figure 2-3);
D. Minimizing sight lines into and from neighboring properties (Figure 2-3);
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
10655899.DOCX
Item 10: Staff Report Pg. 40 Packet Pg. 195 of 410
Letter to Planning and Dev. Services Dept
March 27, 2024
Page 5
Figure 2-3
Design windows
to enhance privacy
Combination of trees and
hedges for screening
Existing single
family homes -
Combination of
trees and hedges
for screening
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
The developer should plant trees that will create a proper screening wall of foliage that
will provide privacy. In addition, the plan shows benches being added along the fence between
rear Building 2 and the San Carlos Court single -story residential homes. We consider this
inappropriate and creates more privacy concerns. We request the benches along the rear fence be
removed. Instead of benches, we urge the developer to add more trees that are tall enough for
rear screening.
B. The third -floor balconies should be removed.
The rendering shown in the application package shows the problems with the Project.
We strongly request the developer to remove the balcony on the third floor. The Project
plans highlight our concerns: page 4 of the application depicts a person actually standing on the
far left balcony and looking into our yard, and even taking pictures!
hops: //www.cityofpaloalto.org/files/assets/public/v/ 1 /planning-amp-development-services/new-
development-projects/739-sutter/c6739-sutter-ave plans.pdf
The lack of privacy presents a threat to the safety of the homeowners. The occupants of
the Project will look directly into the SCCNA members' homes. As stated below, additional
measures must be implemented.
The 3rd floor balconies of the Building 2 put all San Carlos Court homes under the full
views from the project. We request the developer to remove the balconies from the Building 2.
Below is an image of the relationship between the homes and the 3 stories. There would
be no privacy for San Carlos Court neighbors.
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
10655899.DOCX
Item 10: Staff Report Pg. 41 Packet Pg. 196 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Letter to Planning and Dev. Services Dept Association
March 27, 2024
Page 6
In addition, the developer seems to encourage people to take photos from the balconies
which shows no respect to the surrounding neighbors. (Page 4 of Cycle 6. See a screenshot
below)
MY.SY+?I4Awl ---
/T
___________ -, L : :'
San Carlos Court
homes that are capped UILDING 2 - 7 PLEX - RIGHT ELEVATION
at single -story height- SCALE: 1I--1•
8 -foot fence
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
10655899.DOCX
Item 10: Staff Report Pg. 42 Packet Pg. 197 of 410
Letter to Planning and Dev. Services Dept
March 27, 2024
Page 7
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
Page 4 rendering shows a man
standing on the 31 floor of the
Building 2, taking photos of the
backyard of San Carus Court
neighbors.
C. Current trash staging plan defies existing city policy and raises serious enforcement
questions.
As stated in the "Trash Staging Area Exhibit", (Page 6 of Cycle 6, see a copy below), the
notion that the City will allow the plan to block the public from parking on the street during
"refuse service hours" appears to defy existing city policy.
The refuse plan is also incorrect because it does not show the required 2 -foot separation
between trash containers. When that is included, the entire frontage of the plan is insufficient in
size. Currently, cars park on the street there. Where would those cars go?
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
10655899.DOCX
Item 10: Staff Report Pg. 43 Packet Pg. 198 of 410
Letter to Planning and Dev. Services Dept
March 27, 2024
Page 8
L — J I L — J I L — J I L — J II L — I
_V mmttT .1, ir—
[11 95 GALLON RECYCLING BIN, {1] 6 —
GALLON GARRAGE BIN AND (1) 32 GALLON
COMPOST BIN PER UNIT.
SUTTER AVE
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
ASIGNSHALL REPROVIDED THAT INDICATES TNAT PARKING IS
NOT ALLOWED DURING REFUSE SERVICE FIOURS.
BINS ARE TO BE BROUGHT TO THE STAGING AREA ALONG
Su TTER AVENu E FOR SERVICE AND IMMEDIATELY BROUGHT
BACK IN PLACE AFTER SERVICING.
Any design should be consistent with 18.16.060 Multiple Family Context -Based Design Criteria
and Objective Design Standards which states:
4. Density Bonus Law
The Project is not adding five or more units as required un the City's Density Bonus Law
(Palo Alto Municipal Code. 18.15.020(j)). How is this not a violation of the City's Code?
5. The Project Requires a Full CEQA Evaluation and does not qualify for a Class
32 Categorical Exemption (CE)
CEQA requires an analysis of the potential for the Project to cause a significant
environmental impact due to a conflict with any land use plan, policy, or regulation adopted for
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
10655899.DOCX
Item 10: Staff Report Pg. 44 Packet Pg. 199 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Letter to Planning and Dev. Services Dept Association
March 27, 2024
Page 9
the purpose of avoiding an environmental effect. This includes the Zoning Ordinance and
General Plan, Comprehensive Plan, and Housing Element policies. As stated in the recently
approved 2023-2031 Housing Element, "The single-family neighborhood site development
regulations are intended to ensure that much of what Palo Alto cherishes in its residential areas,
such as open space areas, attractive streetscapes with mature landscaping, and variety in
architectural styles, are preserved and protected." The Project is not consistent with any of the
policies that promote the protection of existing single-family residential neighborhoods, thus is
inconsistent with the CEQA Guidelines. At a minimum, this must be discussed in an IS/MND.
In conclusion, we continue to believe there is substantial evidence to show that the
project is not consistent with a Class 32 Categorical Exemption as defined by Section 15332 of
the CEQA Guidelines. For all the above reasons, we request that the 739 Sutter Avenue project
be denied until an adequate CEQA document is prepared. Accordingly, we request that the
Project be brought before the City Council so it has the opportunity to fully evaluate the impacts
of the Project.
Respectfully Submitted,
SILICON VALLEY LAW GROUP
Laurie Berger
cc: Claire Raybould, Senior Planner, City of Palo Alto
San Carlos Court Neighborhood Association
Ed Kraus, Silicon Valley Law Group
Mayor Lydia Kou
Vice Mayor Greer Stone
Council Member Patrick Burt
Council Member Ed Lauing
Council Member Julie Lythcott-Haims
Council Member Greg Tanaka
Council Member Vicki Veenker
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svIg.com
10655899.DOCX
Item 10: Staff Report Pg. 45 Packet Pg. 200 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
EXHIBIT A Association
Item 10: Staff Report Pg. 46 Packet Pg. 201 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
• GROUP
A LAW CORPORATION
August 30, 2023
Via Federal Express & Electronic Mail: claire. raybould(icityofyaloalto.or
Claire Raybould
Senior Planner
City of Palo Alto
Planning and Development Services Department
250 Hamilton Ave, Palo Alto, CA 94301
RE: 739 Sutter Avenue Residential Project, 21PLN-00222
Dear Ms. Raybould:
Silicon Valley Law Group (SVLG) has been retained by the San Carlos Court
Neighborhood Association (SCCNA) to prepare this letter pertaining to a proposal to develop a
12 -unit, three-story, over 35 -foot -tall, multi -family residential project at 739 Sutter Avenue in
Palo Alto (21PLN-00222) (the "Project"). SCCNA opposes the development of high -density
housing on said parcel (Assessor Parcel Number 125-35-200) and requests that the City deny the
application.
SCCNA also requests that the Project be reviewed under the California Environmental
Quality Act (CEQA) as a project with potentially significant environmental impacts. A Class 32
Categorical Exemption, as you currently propose in your communications to SVLG and SCCNA,
is not the appropriate CEQA document for a project that would result in potentially significant
traffic, air quality, noise, water quality, historic, safety, and aesthetic impacts to the adjacent
single-family residential uses on San Carlos Court.
1. The Project is Inconsistent with the Palo Alto Zoning Ordinance, General and
Comprehensive Plans, Housing Element and the Sustainability and Climate Action
Plan.
We believe the design of the Project is inconsistent with the Palo Alto Zoning Ordinance,
General and Comprehensive Plans, and 2023-2031 Housing Element, further disallowing the use
of a Class 32 Categorical Exemption for the project. The Project includes inadequate driveway
widths for adequate fire and emergency personnel access to the site, putting the project and all
surrounding development in jeopardy should a fire occur. The lack of landscaping on the
northwestern side of the project adjacent to the existing residential development on San Carlos
Court is inconsistent with the Zoning Ordinance. The location of private open space areas on the
top floors of the proposed structures appear very dangerous and unsafe, as well as intrusive to the
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existing neighborhood. This Project creates significant privacy concerns given that the windows,
sliding glass doors and decks of the Project face the San Carlos Court properties. In addition, the
removal of existing trees creates privacy concerns. We would like additional information
regarding the size of the new trees that will be planted.
Further, the plan set shows no meaningful elevations of the back of the project to show
exactly how intrusive the proposed 35 -foot, 4.5 -inch -tall residential buildings will be to the
existing one- and two-story residences on San Carlos Court. There is no "stepping back" of the
structure to respect the existing single-family neighborhood and backyards. Private open space
areas are not shown in sufficient detail to give the public and decision -makers any indication of
the severity of the intrusion to the neighborhood. There is no shade and shadow, daylight plane,
or lighting analyses included in the application as required by the Zoning Ordinance. The plans
do not appear to specify a distance to confirm the line of sight. It is also unclear how far back
the developer is committed to recessing the decks and whether the rear building will have
rooftop open space.
We believe the health, safety, and welfare of the existing residents will be adversely
affected by the Project as proposed. Therefore, an adequate evaluation of potentially significant
impacts has not been completed — all of which constitute a violation of CEQA. We must also
point out that developments of this density and height do not currently exist in this area of the
City and the Project is out of character for the neighborhood.
2. The Project Requires a Full CEQA Evaluation and does not qualify for a Class 32
Categorical Exemption
There can be no question that an increase in multi -story high -density residential units on
the Project site, all of which will be 3 -bedroom, will result in additional traffic accessing the site
and creating impacts on neighboring streets — especially since the project is not transit- oriented,
that is, located in an area of readily available transit or a Caltrain Station. This is especially true
if the Project includes an inadequate amount of parking. Further, the plans for the site appear to
show potential conflicts between automobile, pedestrian, and bicycle travel pathways. Bicycle
parking is not shown on the site plan. Therefore, the Project has the potential to result in
significant traffic, access, and safety impacts and mitigation is not provided. This is a violation
of CEQA.
Long-term noise impacts will be significant, especially with private open space areas
and air conditioning/heating units ostensibly located on the back side of the northernmost
building adjacent to existing single-family homes. Where and how will storm drainage and
storage and waste collection facilities be located on such a densely developed site?
Construction -related traffic, noise, and air quality impacts must also be evaluated in the CEQA
document and feasible mitigation measures included in the project to protect the surrounding
residents, especially children, from detrimental impacts. Toxic air contaminants and greenhouse
gas emissions produced during construction could be significant and must be evaluated. The
City has identified a need for a historic evaluation of the existing buildings on the project site
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because they were built over 45 years ago. No such evaluation has been completed and impacts
and mitigation measures must be included in a CEQA document.
CEQA requires an analysis of the potential for the Project to cause a significant
environmental impact due to a conflict with any land use plan, policy, or regulation adopted for
the purpose of avoiding an environmental effect. This includes the Zoning Ordinance and
General Plan, Comprehensive Plan, and Housing Element policies. As stated in the recently
approved 2023-2031 Housing Element, "The single-family neighborhood site development
regulations are intended to ensure that much of what Palo Alto cherishes in its residential areas,
such as open space areas, attractive streetscapes with mature landscaping, and variety in
architectural styles, are preserved and protected." The Project is not consistent with any of the
policies that promote the protection of existing single-family residential neighborhoods, thus is
inconsistent with the CEQA Guidelines.
3. The Project includes too many variances, waivers, and concessions.
According to the most recent plans submitted by the applicant on July 21, 2023, the
project requires no fewer than 14 waivers or concessions. This is excessive for a project that is
proposed to be consistent with "Density Bonus Law." We believe that the project is allowing
more variances, waivers, and concessions than allowed by City Ordinance and State Law. The
drawings in the revised plan set that demonstrate all the proposed waivers are disturbing. It
appears that the City is brushing aside many of the significant issues, including driveway widths,
inadequate landscaping and open space, significant reduction in setbacks, light intrusion, density,
parking, and building heights.
For example, to reduce setbacks by more than half in the front and side yards makes the
project not only significantly inconsistent with the existing neighborhood, but also creates a
significant aesthetic impact to the existing single-family neighborhood. Coupled with the
proposed increase in building heights, impacts to the surrounding neighborhood will be
significant and property values of the homes on San Carlos Court will be detrimentally affected.
Further, it does not make sense that constructing a shorter building will cost less than a taller
structure, as stated in the revised plan set.
The revised plan set does not include adequate justification for the proposed waivers. We
cannot find an Exhibit B in the plan set that is supposed to be a "waiver/concession justification
letter." The plan set sheets do not provide such justification. We would like to receive that
document as well as the historical analysis prior to any approval actions for the project.
In conclusion, we caution the City against allowing so many waivers for a project that
will significantly affect the existing single-family neighborhoods. This practice is ill-advised
because it ignores the regulations of the Zoning Ordinance, as well as many of the virtues of
living in Palo Alto.
We believe there is substantial evidence to show that the project is not consistent with a
Class 32 Categorical Exemption as defined by Section 15332 of the CEQA Guidelines. For all
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August 30, 2023
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the above reasons, we request that the 739 Sutter Avenue project be placed on hold until an
adequate CEQA document is prepared.
Respectfully Submitted,
SILICON VALLEY LAW GROUP
Laurie Berger
cc: San Carlos Court Neighborhood Association
Ed Kraus, Silicon Valley Law Group
Mayor Lydia Kou
Vice Mayor Greer Stone
Council Member Patrick Burt
Council Member Ed Lauing
Council Member Julie Lythcott-Haims
Council Member Greg Tanaka
Council Member Vicki Veenker
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EXHIBIT B Association
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for Hearing from San
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• GROUP
A LAW CORPORATION
November 1, 2023
Via Hand Delivery and Electronic Mail: arb@CityofPaloAlto.org
Architectural Review Board
City of Palo Alto
Planning and Development Services Department
250 Hamilton Ave
Palo Alto, CA 94301
RE: 739 Sutter Avenue Residential Project, 21PLN-00222/22PLN-00201
Dear Members of the Architectural Review Board:
Silicon Valley Law Group (SVLG) has been retained by the San Carlos Court
Neighborhood Association (SCCNA) to prepare this letter pertaining to a proposal to develop a
12 -unit, three-story, over 35 -foot -tall, multi -family residential project at 739 Sutter Avenue in
Palo Alto (21PLN-00222/22PLN-00201) (the "Project"). SCCNA opposes the development of
high -density housing on said parcel (Assessor Parcel Number 125-35-200) and requests that the
Architectural Review Board (ARB) deny the application.
This is our second letter related to the Project. Our first was addressed to Claire
Raybould, Senior Planner and sent on August 30, 2023. Unfortunately, planning staff has neither
provided a detailed response to our letter nor revised the plan set sufficiently to address our
concerns. In addition, and most alarming, we find that the project was not adequately reviewed
under the California Environmental Quality Act (CEQA) as a project with potentially significant
environmental impacts. Therefore, at least an Initial Study/Negative Declaration (IS/MND) must
be prepared. A Class 32 Categorical Exemption was instead incorrectly prepared against our
objections. Our August 30, 2023, letter is attached as Attachment 1, and we reiterate the
concerns set forth in that letter and incorporate them herein.
1. The Project Requires a Full CEOA Evaluation and does not qualify for a Class 32
Categorical Exemption (CE)
As we stated previously in our August letter, there can be no question that an increase in
multi -story high -density residential units on the Project site, all of which will be 3 -bedroom, will
result in significant traffic, and construction -related noise and air quality impacts. One of the
main criteria for the preparation of a CE is that new construction would not result in the
development of more than six total dwelling units (Class 3, Section 15303 of the CEQA
Guidelines). The proposed Project is clearly in violation of this CEQA requirement.
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
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Letter to Architectural Review Board Association
November 1, 2023
Page 2
A. Consistency with Plans and Policies
The CE also states that the project is consistent with all applicable General Plan and
Zoning policies and recommendations. Yet, the staff report for the project states that the only
way it meets these requirements is through the granting of fourteen waivers and concessions by
the City. This is not how an analysis of consistency per CEQA should be completed. It should
be stated for the edification of the public and decision -makers, that the project is inconsistent
with these important policies.
CEQA requires an analysis of the potential for the Project to cause a significant
environmental impact due to a conflict with any land use plan, policy, or regulation adopted for
the purpose of avoiding an environmental effect. This includes the Zoning Ordinance and
General Plan, Comprehensive Plan, and Housing Element policies. As stated in the recently
approved 2023-2031 Housing Element, "The single-family neighborhood site development
regulations are intended to ensure that much of what Palo Alto cherishes in its residential areas,
such as open space areas, attractive streetscapes with mature landscaping, and variety in
architectural styles, are preserved and protected." The Project is not consistent with any of the
policies that promote the protection of existing single-family residential neighborhoods, thus is
inconsistent with the CEQA Guidelines. At a minimum, this must be discussed in an IS/MIND.
Further, the only goals and policies of the 2030 Comprehensive Plan that are discussed
are Goals L-2 and L-3. The Project is not consistent with Policy L-1.3 which states:
Infill development in the urban service area should be compatible with its surroundings
and the overall scale and character of the city to ensure a compact, efficient development
pattern.
In addition, the project is not consistent with Policy L-1.11 which states:
Hold new development to the highest development standards in order to maintain Palo
Alto's livability and achieve the highest quality development with the least impacts.
Neither of these policies, or others in the Comprehensive Plan that the Project is inconsistent
with, are discussed in the CE.
In the staff report, staff recommends that the ARB study "whether minor adjustments to
the application would result in closer adherence to the objective design standards contained in
Chapter 18.24, Objective Standards, consistent with the streamlined review pursuant to
18.77.073 for housing development projects." Again, this analysis should have been included in
the preparation of at least an IS/MIND. The CE does not discuss this inconsistency with Palo
Alto Goals and Policies. This is a violation of CEQA.
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
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B. Traffic Impacts
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As stated in the CE prepared for the Project, the single-family residential neighborhood
immediately adjacent to the northwest boundary of the site (sidewalks are within three feet of the
fence -line) will be significantly affected by a project that would be better located in a transit -
oriented area. There will be an increase in the number of residents adding to existing traffic
concerns. There is no discussion of how far away employment opportunities are located. The
number of trips at nearby intersections is immaterial to the determination of traffic -related air
and noise impacts and must be revised in at least an Initial Study/Mitigated Negative Declaration
(IS/MND) for the project.
C. Construction -related Noise Impacts and Aesthetics
Construction -related noise is inadequately addressed and studied in the CE. According to
the website for the Occupational Safety and Health Administration (OSHA), only 8 hours of
exposure to 90 dBA is allowed and only two hours of exposure to 100 dBA sound levels is
allowed for workers.
To subject the adjacent residential uses to construction noise levels as high as 97 dBA for
a 15 -month construction period can cause long-term hearing loss, especially in children. Many
residents are now working from home and this level of noise all day long will interrupt their
ability to effectively work and support their families. This important information would not have
been taken into account when the City determined what threshold to use for noise impacts during
construction. This is not discussed or evaluated in the CE and an IS/MND must be prepared to
fully understand this impact and identify sufficient feasible mitigation measures to mitigate this
impact. Sufficient mitigation could include a reduction in construction hours, installation of
noise barriers, use of more noise -abating equipment rather than heavy construction equipment,
etc.
In addition, we were under the impression that all roof decks were being removed from
the units on the northwest side of the proposed building. This is stated on the Final Waiver plans
for the site. Yet, the CE evaluates the noise generated by the roof decks in this location. This
leaves residents confused as to what the future condition will be related to noise intrusion from
the Project.
Further, according to the staff report, the applicant declined to have a standard shade and
shadow analysis completed for the Project. This must be completed to determine obvious
impacts to the single-family residences on San Carlos Court. Is the applicant trying to hide these
impacts? As shown in the rendering below, the Project will have a significant aesthetic impact
on the San Carlos Court homes. This rendering shows how the Project will be viewed from San
Carlos Court — in addition to the other impacts described above, the current homeowners will
lose their privacy and face security concerns given that the residents of the Project will look right
into the existing homes and yards.
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
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D. Construction -related Air Quality and Hazardous Materials Impacts
Air quality impacts must also be evaluated in the CEQA document and feasible
mitigation measures included in the project to protect the surrounding residents, especially
children, from detrimental impacts. The analysis completed for the CE does not include a
discussion of the use of Tier 3 and 4 heavy equipment or greater to reduce air quality impacts
during demolition and construction. This must be required of the Project just as it is in similar
development projects in the Bay area by the Bay Area Air Management District (BAAQMD).
There is no discussion in the CE of the potential for lead, asbestos, or PCBs to be in the
demolition materials. Given the age of the existing structures, this should have been analyzed by
qualified hazardous materials experts in a Phase I and Phase II Environmental Site Assessment.
Exposure of adjacent residents to these harmful contaminants is yet another impact not disclosed
in the inadequate CE. Impacts could especially affect children, the elderly, and those with
respiratory conditions. The transport of such materials off -site is also an impact in addition to
the potential for such materials to be in the soils. This analysis must occur as part of the
preparation of at least an IS/MND in accordance with CEQA.
The analysis of the impacts of toxic air contaminants during construction also do not
include an analysis of impacts during demolition. Further, it cannot be assumed that an 8 -unit
multi -family building can be demolished and all site preparation and grading activities in three
days — no matter what the applicant claims! Trenching for underground utilities alone cannot be
completed in that short of a timeframe. To assume such a short emission period for PMio and
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
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PM2.5 emissions renders the analysis inadequate to say the least. The public and decisionmakers
must have better information to make an informed decision about how the health of the adjacent
residents will be affected. No such evaluation has been completed and impacts and mitigation
measures must be included in a CEQA document.
2. Inadequate Emergency Access
As we stated in our previous letter, the plans for the site appear to show potential
conflicts between automobile, pedestrian, and bicycle travel pathways. Bicycle parking is not
shown on the site plan. The CE for the project states that "emergency access is not required for
the site" based on access from Sutter Avenue. However, the CE also states that "due to existing
overhead lines, aerial ladder access is not included in the proposed fire safety plan for this site."
If fire access is supposed to be provided from trucks on Sutter Avenue, yet overhead lines do not
allow aerial ladder access, how are fires supposed to be adequately fought?
If a fire is not immediately extinguished, multiple residential buildings in the area could
be burned to the ground, especially for a Project with such reduced setbacks and heights in
excess of what is allowed in the Municipal Code. This is a significant CEQA impact due to
inadequate emergency access, not adequately studied in the CE. This must be corrected by the
preparation of an IS/MND.
In addition, the proposed method of providing emergency fire services to the back of the
site, in particular, the use of only ground ladders, is not supported in the 2030 Comprehensive
Plan. For example, Policy S-2.13: "Minimize exposure to wildland and urban fire hazards
through rapid emergency response, proactive code enforcement, public education programs, use
of modern fire prevention measures and adequate emergency management preparation." The use
of ladders only rather than aerial access to 32 -foot -tall structures proposed for the back of the site
cannot be considered to be rapid or modern fire prevention measures.
The February 2023 fire in Palo Alto that damaged AJ's Cleaners, Philz Coffee, Bill's Cafe
and Palo Alto Fine Wine & Spirits highlights the real fire danger posed in a densely populated
area. We are concerned that the fact that there is only 10 feet from the second floor of the
proposed Project to the San Carlos Court homes creates an unacceptable increased fire risk.
Based on the above, it is critical that the City evaluate these risks in an IS/MND.
3. Too Many Waivers and Concessions
According to the most recent plans submitted by the applicant and the staff report, the
project requires no fewer than 14 waivers and at least one concession. This is excessive for a
project that is proposed to be consistent with "Density Bonus Law" and Palo Alto General
and Comprehensive Plans goals and policies. The sheer fact that so many waivers from
Municipal Code requirements are required for the Project shows how out of character it is with
the existing neighborhood. Yet, these conflicts, are inadequately analyzed in the CE. Again, this
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
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type of development should be in a transit -oriented area of the City where higher densities are
expected and supported.
The drawings in the revised plan set that demonstrate in red all the proposed waivers are
disturbing. It appears that the City is brushing aside many of the significant issues, including
driveway widths, inadequate landscaping and open space, significant reduction in setbacks, light
intrusion, density, parking, fire safety, and building heights. This is being done at the risk of
significantly affecting an existing residential neighborhood — and all for just four additional
residential units in the City!
To reduce setbacks by more than half in the front and side yards makes the project not
only significantly inconsistent with the existing neighborhood, but also creates a significant
aesthetic and fire impact to the existing single-family neighborhood. Coupled with the proposed
increase in building heights, impacts to the surrounding neighborhood will be significant and
property values of the homes on San Carlos Court will be detrimentally affected. Only a few
trees can even be seen on the northwest side of the site to attempt to screen the development
from the existing homes. This is inadequate and just another example of how the granting of
extreme waivers does not respect long-standing existing neighborhoods.
The revised plan set does not include adequate justification for the proposed waivers. We
find the waiver/concession justification letter to be inadequate for a project that is so out of
character with the neighborhood. There are no other projects of this density and height in this
area of the City. In fact, the Project site is not even listed as a housing site in the 2030
Comprehensive Plan. We assume that was intentional due to the potential impacts to residents
right over the fence.
4. Project is Subiect to the Current Code Requirement
As stated on Page 9 of the staff report, the applicant has not met the letter of the law in
terms of submitting application materials in a timely manner consistent with SB 330. The staff
report states, "Therefore, the project is not subject to streamline in accordance with SB 330 and
is subject to the current code requirements, including the objective design standards set forth in
Palo Alto Municipal Code (PAMC) Section 18.24."
Why is the applicant "also eligible to utilize the process set forth in the code for housing
development projects under the Streamlined Housing Development Review?" This makes no
sense. The developer must be held to the same standards as all other residential developers in
every part of the City. We do not understand why this applicant is getting special treatment and
the ability to use so many waivers and concessions inconsistent with the Municipal Code at the
expense of existing residents.
In conclusion, we continue to believe there is substantial evidence to show that the
project is not consistent with a Class 32 Categorical Exemption as defined by Section 15332 of
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
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the CEQA Guidelines. For all the above reasons, we request that the 739 Sutter Avenue project
be denied until an adequate CEQA document is prepared.
Respectfully Submitted,
SILICON VALLEY LAW GROUP
Laurie Berger
cc: Claire Raybould, Senior Planner, City of Palo Alto
San Carlos Court Neighborhood Association
Ed Kraus, Silicon Valley Law Group
Mayor Lydia Kou
Vice Mayor Greer Stone
Council Member Patrick Burt
Council Member Ed Lauing
Council Member Julie Lythcott-Haims
Council Member Greg Tanaka
Council Member Vicki Veenker
1 N. Market Street Suite 200 San Jose CA 95113 408.573.5700 Fax 408.573.5701 www.svlg.com
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ATTACHMENT I Association
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• GROUP
A LAW CORPORATION
August 30, 2023
Via Federal Express & Electronic Mail: claire. raybould(icityofyaloalto.or
Claire Raybould
Senior Planner
City of Palo Alto
Planning and Development Services Department
250 Hamilton Ave, Palo Alto, CA 94301
RE: 739 Sutter Avenue Residential Project, 21PLN-00222
Dear Ms. Raybould:
Silicon Valley Law Group (SVLG) has been retained by the San Carlos Court
Neighborhood Association (SCCNA) to prepare this letter pertaining to a proposal to develop a
12 -unit, three-story, over 35 -foot -tall, multi -family residential project at 739 Sutter Avenue in
Palo Alto (21PLN-00222) (the "Project"). SCCNA opposes the development of high -density
housing on said parcel (Assessor Parcel Number 125-35-200) and requests that the City deny the
application.
SCCNA also requests that the Project be reviewed under the California Environmental
Quality Act (CEQA) as a project with potentially significant environmental impacts. A Class 32
Categorical Exemption, as you currently propose in your communications to SVLG and SCCNA,
is not the appropriate CEQA document for a project that would result in potentially significant
traffic, air quality, noise, water quality, historic, safety, and aesthetic impacts to the adjacent
single-family residential uses on San Carlos Court.
1. The Project is Inconsistent with the Palo Alto Zoning Ordinance, General and
Comprehensive Plans, Housing Element and the Sustainability and Climate Action
Plan.
We believe the design of the Project is inconsistent with the Palo Alto Zoning Ordinance,
General and Comprehensive Plans, and 2023-2031 Housing Element, further disallowing the use
of a Class 32 Categorical Exemption for the project. The Project includes inadequate driveway
widths for adequate fire and emergency personnel access to the site, putting the project and all
surrounding development in jeopardy should a fire occur. The lack of landscaping on the
northwestern side of the project adjacent to the existing residential development on San Carlos
Court is inconsistent with the Zoning Ordinance. The location of private open space areas on the
top floors of the proposed structures appear very dangerous and unsafe, as well as intrusive to the
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existing neighborhood. This Project creates significant privacy concerns given that the windows,
sliding glass doors and decks of the Project face the San Carlos Court properties. In addition, the
removal of existing trees creates privacy concerns. We would like additional information
regarding the size of the new trees that will be planted.
Further, the plan set shows no meaningful elevations of the back of the project to show
exactly how intrusive the proposed 35 -foot, 4.5 -inch -tall residential buildings will be to the
existing one- and two-story residences on San Carlos Court. There is no "stepping back" of the
structure to respect the existing single-family neighborhood and backyards. Private open space
areas are not shown in sufficient detail to give the public and decision -makers any indication of
the severity of the intrusion to the neighborhood. There is no shade and shadow, daylight plane,
or lighting analyses included in the application as required by the Zoning Ordinance. The plans
do not appear to specify a distance to confirm the line of sight. It is also unclear how far back
the developer is committed to recessing the decks and whether the rear building will have
rooftop open space.
We believe the health, safety, and welfare of the existing residents will be adversely
affected by the Project as proposed. Therefore, an adequate evaluation of potentially significant
impacts has not been completed — all of which constitute a violation of CEQA. We must also
point out that developments of this density and height do not currently exist in this area of the
City and the Project is out of character for the neighborhood.
2. The Project Requires a Full CEQA Evaluation and does not qualify for a Class 32
Categorical Exemption
There can be no question that an increase in multi -story high -density residential units on
the Project site, all of which will be 3 -bedroom, will result in additional traffic accessing the site
and creating impacts on neighboring streets — especially since the project is not transit- oriented,
that is, located in an area of readily available transit or a Caltrain Station. This is especially true
if the Project includes an inadequate amount of parking. Further, the plans for the site appear to
show potential conflicts between automobile, pedestrian, and bicycle travel pathways. Bicycle
parking is not shown on the site plan. Therefore, the Project has the potential to result in
significant traffic, access, and safety impacts and mitigation is not provided. This is a violation
of CEQA.
Long-term noise impacts will be significant, especially with private open space areas
and air conditioning/heating units ostensibly located on the back side of the northernmost
building adjacent to existing single-family homes. Where and how will storm drainage and
storage and waste collection facilities be located on such a densely developed site?
Construction -related traffic, noise, and air quality impacts must also be evaluated in the CEQA
document and feasible mitigation measures included in the project to protect the surrounding
residents, especially children, from detrimental impacts. Toxic air contaminants and greenhouse
gas emissions produced during construction could be significant and must be evaluated. The
City has identified a need for a historic evaluation of the existing buildings on the project site
10637881.DOCX Item 10: Staff Report Pg. 61 Packet Pg. 216 of 410
Letter to Claire Raybould
August 30, 2023
Page 3
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
because they were built over 45 years ago. No such evaluation has been completed and impacts
and mitigation measures must be included in a CEQA document.
CEQA requires an analysis of the potential for the Project to cause a significant
environmental impact due to a conflict with any land use plan, policy, or regulation adopted for
the purpose of avoiding an environmental effect. This includes the Zoning Ordinance and
General Plan, Comprehensive Plan, and Housing Element policies. As stated in the recently
approved 2023-2031 Housing Element, "The single-family neighborhood site development
regulations are intended to ensure that much of what Palo Alto cherishes in its residential areas,
such as open space areas, attractive streetscapes with mature landscaping, and variety in
architectural styles, are preserved and protected." The Project is not consistent with any of the
policies that promote the protection of existing single-family residential neighborhoods, thus is
inconsistent with the CEQA Guidelines.
3. The Project includes too many variances, waivers, and concessions.
According to the most recent plans submitted by the applicant on July 21, 2023, the
project requires no fewer than 14 waivers or concessions. This is excessive for a project that is
proposed to be consistent with "Density Bonus Law." We believe that the project is allowing
more variances, waivers, and concessions than allowed by City Ordinance and State Law. The
drawings in the revised plan set that demonstrate all the proposed waivers are disturbing. It
appears that the City is brushing aside many of the significant issues, including driveway widths,
inadequate landscaping and open space, significant reduction in setbacks, light intrusion, density,
parking, and building heights.
For example, to reduce setbacks by more than half in the front and side yards makes the
project not only significantly inconsistent with the existing neighborhood, but also creates a
significant aesthetic impact to the existing single-family neighborhood. Coupled with the
proposed increase in building heights, impacts to the surrounding neighborhood will be
significant and property values of the homes on San Carlos Court will be detrimentally affected.
Further, it does not make sense that constructing a shorter building will cost less than a taller
structure, as stated in the revised plan set.
The revised plan set does not include adequate justification for the proposed waivers. We
cannot find an Exhibit B in the plan set that is supposed to be a "waiver/concession justification
letter." The plan set sheets do not provide such justification. We would like to receive that
document as well as the historical analysis prior to any approval actions for the project.
In conclusion, we caution the City against allowing so many waivers for a project that
will significantly affect the existing single-family neighborhoods. This practice is ill-advised
because it ignores the regulations of the Zoning Ordinance, as well as many of the virtues of
living in Palo Alto.
We believe there is substantial evidence to show that the project is not consistent with a
Class 32 Categorical Exemption as defined by Section 15332 of the CEQA Guidelines. For all
10637881.DOCX Item 10: Staff Report Pg. 62 Packet Pg. 217 of 410
Letter to Claire Raybould
August 30, 2023
Page 4
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Association
the above reasons, we request that the 739 Sutter Avenue project be placed on hold until an
adequate CEQA document is prepared.
Respectfully Submitted,
SILICON VALLEY LAW GROUP
Laurie Berger
cc: San Carlos Court Neighborhood Association
Ed Kraus, Silicon Valley Law Group
Mayor Lydia Kou
Vice Mayor Greer Stone
Council Member Patrick Burt
Council Member Ed Lauing
Council Member Julie Lythcott-Haims
Council Member Greg Tanaka
Council Member Vicki Veenker
10637881.DOCX Item 10: Staff Report Pg. 63 Packet Pg. 218 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
EXHIBIT C Association
Item 10: Staff Report Pg. 64 Packet Pg. 219 of 410
Item 10
Attachment C - Request
for Hearing from San
Carlos Neighborhood
Vavuris Landscaping
Association
Contractor's License Number 393-599
570 Matadero Ave
Palo Alto, CA 94306
(650) 208-0724
VavurisLandscaping@yahoo.com
March 27, 2024
To Whom It May Concern:
I have been a licensed landscape contractor for over 40 years. I was asked for a consultation
regarding the new development and the effect it will have on the backyards for the 3 homes
residing on 734, 746 and 750 San Carlos Ct in Palo Alto.
I was informed that the new building will be approximately 30 feet high +/- and 10 feet back
from respective property lines. With this design it will significantly impact the backyards of
these 3 addresses by creating an entirely new microclimate by blocking the morning sun. This
could require the homeowners to change the planting and existing landscape to be more
suitable to the new micro -climate. To fully understand the impact of this you will need to have a
sun -angle study completed.
For a suitable screening option, the new plants would need to be placed 3 feet from fence line
and 8 feet on center running along all 3 addresses and maintained in the future with a semi
formal hedge. These hedges would need to be grown to the proper height of 12-15 feet in order
to preserve privacy for both the existing residences and new building. This potentially may need
to be written into the deeds as a requirement so they cannot be cut down
My suggestion for the screening would be to plant Laurus Nobiles Saratoga standards in 48"
boxes to start. Plants would need to be inspected prior to purchase by a qualified buyer to
ensure the plants are not rootbound. This is critical for success of the plants and their future
long-term growth in order to adequately provide the screening needed.
The developer's suggestion of Podocarpus (the largest one being Gracilior species) will not be
advisable as long-term will grow too tall and is too costly to maintain with the pruning
requirements of this species. All other species of the Podocarpus are too small for screening
that is needed.
Please feel free to call me directly at (650) 208-0724 Should you have any questions or would
like to discuss in more detail.
Kind Regards,
Joe Vavuris
Owner
Vavuris Landscaping
Item 10: Staff Report Pg. 65 Packet Pg. 220 of 410
To
City of Palo Alto
Planning Department
Item 10
Attachment D - Request
for Hearing from Milan
Saini (Sutter Ave
Resident)
Mar 26,2024
Subject: Objections to planned development at 739 Sutter Ave Palo Alto
Objection is raised to the planned development at 739 on the following grounds
1. Lack of Transparency in Planning Process:
• I have received no communication or acknowledgement on previously
raised objections
2. The project is Incompatible with existing neighborhood character: The
density and scale of the proposed development are incompatible with the
current aesthetic, architecture, and feel of my neighborhood
• There is no 3 -story building in the neighborhood
3. The approval will open Pandora's box with more developments of the same
type following through, with developers seeing $ signs
• The city will have no choice but to approve successive applications
once they approve this project
4. With this and other developments, the entire character of the street and
neighborhood will change forever
5. The high -density impact has to be seen on not just this project but with others
who will inevitably follow
• There will be significantly increase traffic congestion and strain existing
parking resources in the neighborhood.
b. The high -density projects when taken collectively will lead to
overcrowding in the neighborhood, potentially decreasing the
quality of life for existing residents, including more noise and light
pollution, disrupting the peacefulness of my neighborhood
6. Decreased property values: I am deeply concerned that the high -density
projects on the street could potentially decrease property values in the
surrounding areas due to overcrowding, increased traffic, and changes to the
neighborhood character.
My investment in my house and my quality of life are extremely important to
me, I would like to safeguard against their erosion. Kindly record my
objections to the proposed project
Sincerely, Milan Saini milansaini(c�gmail.com 775 Sutter Ave
Item 10: Staff Report Pg. 66 Packet Pg. 221 of 410
To: City of Palo Alto
Planning Department
Item 10
Attachment D - Request
for Hearing from Milan
Saini (Sutter Ave
Mar 26, Resident)
Subject: Objections to planned development at 739 Sutter Ave Palo Alto
Objection is raised to the planned development on the following grounds:
1. There was a Lack of Transparency and Meaningful Community Involvement in the
Planning Process
o The approval process lacked meaningful community engagement.
o We filed our initial docusigned objections in 2022, however, we received no
communication or acknowledgement on those objections
o This probably was an inadvertent oversight within the Planning office and while we
understand that these things can happen, we certainly should not be left to bear a
permanent and lifelong consequence as a result
o We request a more transparent and inclusive process, allowing residents to voice their
concerns and explore alternative solutions
2. Approval Will Start a Cascade of New 3 story Developments on the Street
o The approval will open Pandora's box with more developments of the same 3 story
developments in the near future
o The city will have no choice but to approve future such applications once they
approve this project
o The combined effect of the collective potential large multi -unit building will
significantly impact the existing neighborhood in terms of increased traffic, noise,
and congestion. This will fundamentally alter the quiet, residential feel that attracted
many of us to this community in the first place.
3. With this and other 3 story developments, the entire identity, character and delicate
aesthetic harmony of the street and neighborhood will change forever
o Our street is a charming community of two-story houses, known for positive
neighborhood qualities - quiet streets, friendly atmosphere, close-knit community.
Adding three-story buildings would be a stark contrast, overwhelming the existing
architectural style and potentially casting shadows that disrupt the enjoyment of our
properties
o Our neighborhood was designed for a charming blend of architectural styles, with one
and two-story homes that complement each other. A large swath of three-story
building would disrupt this harmony, altering the visual landscape and diminishing
the unique character of our street while being totally incompatible with the current
aesthetic, architecture, feel and character of our neighborhood
4. The Housing Accountability Act is essential for addressing housing needs, but it should
not come at the expense of our community's well-being.
o The 3 story high -density projects when taken collectively will lead to overcrowding
in the neighborhood, decreasing the peacefulness and quality of life for existing
residents
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Item 10
Attachment D - Request
for Hearing from Milan
Saini (Sutter Ave
o Decreased property values: We are deeply concerned that the hi_- -Resident) on
the street could potentially decrease property values in the surrounding areas due to
overcrowding, increased traffic, and changes to the neighborhood character.
Our investment in our house and our quality of life are extremely important to us, we would like
to safeguard against their erosion. We implore the City Council to prioritize the preservation of
our neighborhood's identity, aesthetics and appeal over expedient development of low-cost
housing.
Sincerely,
Resident
Address
Contact
Clark McElfresh
703 Clara Dr
clarkmcelf ahoo.com
Moshe Frozenfar
767 Sutter Ave
mfrozenfar mail.com
Zihao Wang
771 Sutter Ave
wan iason222 mail.com
David Wang
779 Sutter Ave
david.z.wan mail.com
May Mak
772 Sutter Ave
ma mak mail.com
Milan Saini
775 Sutter Ave
milansaini mail.com
Peter and Judyt Browne
761-3 Sutter Ave
0ud tsutter mail.com
Item 10: Staff Report Pg. 68 Packet Pg. 223 of 410
Item 10
Attachment E - Letter to
SVLG in Response to
PLANNING & DEVELOPMENT SERVICES Formal Letters Provided
in the Review Process
C I T Y O F 250 Hamilton Avenue, 5`h Floor
PALO Palo Alto, CA 94301
ALTO (650) 329-2441
March 13, 2024
Laurie Berger, Silicon Valley Law Group
1 North Market St., Suite 200
San Jose, CA 95113
e-mail: Lb@svlg.com
RE: 739 Sutter Avenue Residential Project
Dear Ms. Berger,
Thank you for your letters dated August 30, 2023 and November 1, 2023 regarding the proposed
residential project at 739 Sutter Avenue. In response to your first letter, staff met with you and your
client directly on September 12, 2023, at City Hall. As indicated in that meeting, and as we will detail
further in this letter, the City disagrees with the assertion that a Class 32 categorical exemption does not
apply to the proposed residential project at 739 Sutter. Substantial evidence supports the conclusion
that this exemption does apply. This letter summarizes your comments, as further detailed in your
follow up letter on November 1, 2023, and the City's response to those comments. The most recent
project plans and the documentation to support the categorical exemption are available on the project
website.
Comment: The Project requires a full CEQA Evaluation and does not qualify for a Class 32 Categorical
Exemption, noting that it would clearly result in impacts related to traffic, noise, and air quality.
Response: The documented exemption attached, which was made publicly available in October 2023,
prior to the ARB study session, provides substantial evidence to support the conclusion that there would
be less than significant impacts related to traffic, noise, and air quality, among other criterion listed in
the Class 32 exemption requirements. Your comment refers to examples of projects that may be exempt
under CEQA Guidelines 15303 (Class 3 exemption), incorrectly applying those to the Class 32 exemption.
The documented exemption details how the project complies with criteria set forth in the CEQA
Guidelines for a Class 32 exemption.
Comment: The Project is inconsistent with the Comprehensive Plan and relevant policies, including
references in the Comprehensive Plan Housing Element that protect single family residential site
development regulations as well as policies L-1.3 and L-1.11 which encourage compatibility of infill
development with its surroundings and speaks to high quality development standards.
Response: The project is a housing development project, as defined in Government Code Section
65589.5 (Housing Accountability Act [HAA]). As a housing development project, only objective
Comprehensive Plan policies and standards may be applied to the proposed project in accordance with
the HAA. The policies that the commenter references are not objective and therefore were not
discussed in the draft findings for approval of the proposed project. Nevertheless, the City disagrees that
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Item 10
Attachment E - Letter to
SVLG in Response to
Formal Letters Provided
the project would be inconsistent with those policies; no substantial evidence ha in the Review Process
support the conclusion that the project would be inconsistent with these policies. Further, the proposed
project provides multi -family housing in a multi -family zone district. It is not located in a single-family
residential zone and does not propose modifications to any development standards for the R-1 zone
district.
In accordance with California Government code 65589.5, "the receipt of a density bonus, incentive,
concession, waiver, or reduction of development standards pursuant to Section 65915 shall not
constitute a valid basis on which to find a proposed housing development project is inconsistent, not in
compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard,
requirement, or other similar provision specified in this subdivision." Therefore, the use of concessions
and waivers under density bonus law is not a basis for finding the project inconsistent with the City's
zoning code or Comprehensive plan. Moreover, the courts recently affirmed that a class 32 exemption
still applies in cases where waivers and concessions are granted in accordance with state density bonus
law (Wollmer v. City of Berkley (2011) 193 Cal.App.4th 1329, 1349-50).
Comment: The commenter states that the project would result in traffic impact and states that the CE
concludes that the project would be better located in a transit -oriented neighborhood. The commenter
states that utilizing traffic counts at intersections to determine air quality and noise impacts is not
appropriate.
Response: The CE evaluates impacts on the existing environment, including adjacent residential uses,
but does not conclude that this project would be better located in a transit -oriented neighborhood. The
documentation to support the findings for a Class 32 exemption includes a traffic analysis and concludes
that the project would have less than significant impacts related to transportation, including but not
limited to, Vehicle Miles Traveled (VMT). The analysis of vehicle trip increases at intersections in the
report is provided for the purposes of evaluating long-term noise and air quality impacts from traffic on
the existing environment. That analysis also concludes that the project would have a less than significant
impact related to these criteria.
Comment: The commenter states that construction related noise is inadequately addressed and studied
in the CE. The commenter also identifies concerns about noise generated from people on roof decks and
states that a shade and shadow study is required to evaluate shading impacts.
Response: The analysis identifies the maximum noise level that could be experienced at any given point
in time during construction as measured at the property line. The commenter incorrectly applies the
maximum noise level to all construction activities for the entirety of construction. The analysis in the
documentation for the Class 32 exemption has been revised for clarity. The commenter states confusion
over whether roof decks are provided. Building 2 was revised based on feedback at the preliminary
review hearing to remove all roof decks on that building. Following ARB review of the formal application
roof decks on Building 1 were also removed. All references to "decks" in the report have been revised to
"balconies" for clarity. The analysis for operational noise impacts does not assess noise that could be
generated by future residents using their balconies. Not only would this analysis be speculative, but
Assembly Bill 1307 specifically indicates that social noise generated by residents is not an impact under
CEQA.
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Item 10
Attachment E - Letter to
SVLG in Response to
Formal Letters Provided
The applicant is not required to provide a shade and shadow analysis for the prop in the Review Process oes
the City have any criterion or threshold for significance by which to measure what would constitute a
significant impact. The city utilizes development standards, primarily daylight plane and setbacks, to
regulate light and air between uses. The project complies with the required daylight plane at the rear of
the property and exceeds the required rear setback of 10 feet.
Privacy is not an impact evaluated in accordance with CEQA; however, the project complies with all
relevant objective standards related to privacy screening and sight -line requirements to reduce privacy
impacts on adjacent residential uses as shown in the project plans provided on the project website.
Comment: Construction -related Air Quality and Hazardous Materials Impacts. There is no discussion in
the CE of the potential for lead, asbestos, or PCBs to be in the demolition materials.
Response: Air quality impacts related to construction and operation are evaluated in the documentation
for the Class 32 exemption. The analysis has been revised to include a summary of regulations that
would apply to the project to protect from lead -based paint and asbestos. The project does not meet
the threshold for requiring further PCB analysis. In compliance with EPA guidance, further analysis of
PCBs prior to demolition is not warranted for wood -framed, residential buildings.
Comment: The commenter states that inadequate emergency access is provided.
Response: The project plans have been evaluated by the City's Fire Department and were found to meet
the Fire Department standards in compliance with the City's regulations. The fire department provides
various options for property owners to meet the relevant fire regulations, taking into account site
specific constraints such as the presence of overhead utility lines. In the case of the proposed project,
emergency access in the event of a fire would be consistent with existing conditions in that the fire
apparatus would park on Sutter Avenue and firefighters would access the site with ground ladders. The
project has been specifically designed to provide ground ladder access at both ends of the two buildings.
Commercial grade fire sprinklers are also proposed for the buildings. The project is therefore consistent
with Policy S-2.13 of the code. Staff notes that the height is nominally taller than that allowed in the RM-
20 zone district (33.5 feet for Building 1 and 32 feet at the rear building where 30 feet is allowed) and
that the project meets the setbacks and daylight plane requirements adjacent the single-family
residential use. Therefore, the project meets the current fire code safety requirements and does not
create a greater threat with respect to hazards than the existing conditions. The preparation of an
IS/MND to further evaluate this is not warranted.
Comment: The commenter states that the project utilizes too many waivers and concessions and states
opinions regarding why the project was not added as a housing inventory site.
Response: In accordance with density bonus law, the project is eligible for waiver or reduction of
development standards that physically precluding development at the densities permitted by state law
as well as concessions as detailed in the November 2, 2023 staff report. There is no limit on the number
of waivers that may be sought. In response to comments from the Architectural Review Board and
members of public, the applicant has revised their plans to reduce the extent of the waivers being
requested without reducing the overall density. As noted previously, use of concessions and waivers
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Item 10
Attachment E - Letter to
SVLG in Response to
Formal Letters Provided
under density bonus law is not a basis for finding the project inconsistent with th in the Review Process
standards in accordance with the Housing Accountability Act.
The commenter opines that this was not listed as a housing site in the 2030 comprehensive plan
because of impacts to adjacent residents. However, the site is identified as a pipeline project in the
adopted Housing Element. Sites where projects are on file and identified as pipeline projects in the
Housing Element are not also identified as Housing Inventory Sites to avoid double counting toward the
City's Regional Housing Needs Allocation.
Comments: Project is subject to the current code requirements.
Response: As the commenter correctly notes, the current application is not subject to development
standards that were in affect at the time the Senate Bill 330 pre -application was submitted because the
applicant failed to resubmit plans in accordance with the timelines set forth in SB 330 (180 days for the
initial submittal, 90 days for each resubmittal). Therefore, the project is being processed in accordance
with the objective standards set forth in the current municipal code.
We appreciate your comments on the proposed project. If you have further questions please do not
hesitate to contact me at 650-329-2116 or via email at Claire.ravbouIdi'Wcitvofoaloalto.org.
Regards,
Claire Raybould, AICP
Senior Planner, Planning Development Services
4
Item 10: Staff Report Pg. 72 Packet Pg. 227 of 410
Item 10
Attachment F - Project
Plans & CEQA
Attachment F
Project Plans
Project plans are only available to the public online. Hardcopies of the plans have been
provided to Councilmembers.
Environmental Document
The City, acting as the lead agency, prepared documentation to support a Class 32 (infill
development) categorical exemption for the proposed project. The documentation to support
the exemption, including all associated technical analyses are included on the project website
Directions to review Project plans online:
1. Go to: bit.ly/PApendingprojects
2. Scroll down to find "739 Sutter Avenue" and click the address link
3. On this project specific webpage you will find a link to the project plans, the documented
exemption and other important information
Direct Link to Project Webpage:
https://www.cityofpaloaIto.org/Departments/Planning-Development-Services/Current-
Planning/Projects/739-Sutter-Ave
Item 10: Staff Report Pg. 73 Packet Pg. 228 of 410
Item 11
Item 11 Staff Report
City Council
Staff Report
From: City Manager
CITY OF Report Type: ACTION ITEM
PALO Lead Department: Transportation
ALTO Meeting Date: April 22, 2024
Report #:2403-2821
TITLE
Review and provide input on Concept Plans for Quarry Road Transit Connection to the Palo Alto
Transit Center and Adoption of a Resolution of Intention to Undedicate a portion of El Camino
Park; CEQA status - statutorily exempt per Pub. Res. Code § 21080(b)(12).
RECOMMENDATION
Staff recommends that the City Council:
1. Review and provide input on concept plans for the proposed Quarry Road Transit
Connection and;
2. Adopt a Resolution of Intention to Undedicate a portion of El Camino Park that is
necessary for the new transit connection. (Attachment E).
EXECUTIVE SUMMARY
This report presents a proposal for the Quarry Road Transit Connection, aiming to link the Palo
Alto Transit Center (PATC) directly to El Camino Real through a currently passive section of El
Camino Park. The proposal would facilitate quicker transit exits onto El Camino Real, potentially
reducing bus transit times by an estimated 5-8 minutes per trip. This improvement is expected
to alleviate congestion within University Circle and along University Avenue by streamlining bus
movements and mitigating the need for buses to navigate through densely trafficked areas.
Concurrently, the proposal includes enhancements to pedestrian and bicycle paths within El
Camino Park and at the intersection of Quarry Road and El Camino Real. These enhancements
are designed to improve safety, access, and connectivity to the broader pedestrian and bicycle
network, encouraging greater use of these modes of transportation. The proposal aligns with
the upcoming Caltrain electrification project, which will increase train frequency and potentially
necessitate corresponding increases in bus and shuttle services to match the enhanced train
schedule.
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The City Council is asked to review conceptual plans for this proposed transit connection and to
consider initiating a process to undedicate a portion of El Camino Park needed for the project's
implementation. This would involve seeking voter approval in the Fall 2024 election to
repurpose a specified area of the park for the transit connection. This parkland undedication
can also be considered within the context of other parkland dedication efforts citywide. The
project is supported by various goals and policies outlined in the Palo Alto Comprehensive Plan,
emphasizing the improvement of transportation infrastructure and multimodal connectivity.
The estimated construction cost for the proposed project is between $3-3.5 million, with efforts
underway to secure funding through external sources, including the Metropolitan
Transportation Commission (MTC). The outcome of the electoral process and subsequent
design development will dictate the project's timeline and final implementation steps.
BACKGROUND
Transit and Shuttle Service at the Palo Alto Transit Center
The Palo Alto Transit Center (PATC) is the mobility hub of Palo Alto and has the second highest
Caltrain ridership on the corridor. SamTrans, Santa Clara Valley Transit Authority (VTA), and
Dumbarton Express all run buses to the PATC to complement Caltrain service and connect Palo
Alto to San Mateo County, Santa Clara County, and the East Bay, respectively. Additionally,
Stanford's Marguerite shuttle service and other private shuttles provide last -mile connections
from the PATC to campus facilities for employees and visitors.
In total, roughly 600 buses serve the transit center daily; roughly half are Marguerite shuttles.
Transfers from Marguerite shuttles account for approximately 40 percent of Caltrain daily
boardings at the transit center.
Bus and shuttle services use a combination of 10 bus bays and curbside space at the PATC,
including in University Circle. Public transit service is restricted to the use of bus bays — bays are
assigned to specific operators and lines — and shuttles use stops along the curb of University
Circle. Employer and Stanford Health Care shuttles pick-up and drop-off in a parking area on the
Palo Alto side of the station along Alma Street. The station area also accommodates layovers
for bus and shuttle service.
Caltrain electrification is currently scheduled to begin in fall 2024. Electrification will increase
train service from five (5) to six (6) trains per hour per direction during peak periods and from
one (1) to two (2) trains per hour per direction during off peak periods, including weekends. Bus
and shuttle services are likely to increase to align with Caltrain service.
The station is also a significant source for bicycle trips on Caltrain. Bicycle equipped passengers
at the PATC are estimated to be between 750-800 per day, pre-00VID. Palo Alto is the second
highest bicycle ridership stop along the Caltrain corridor at roughly 14 percent of all bicycle
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boardings and alightings (descending or disembarking from the train), second only to 4th/King
in San Francisco. Assuming 10 percent of daily passengers travel in the peak hour, the Palo Alto
Transit Center serves roughly 75-80 Caltrain bicycle passengers/hour during the peak hour.
The Proaosed Quarry Road Transit Connection
As envisioned in the Palo Alto Comprehensive Plan as Program 13.10.4 (2017), the proposed
Quarry Road Transit Connection project would create a direct transit connection between the
transit center bus bays and El Camino Real at the Quarry Road traffic signal, through an
underused, passive portion of El Camino Park (see Attachment A). The proposed project would
allow buses that use the bus terminal to exit via Quarry Road to El Camino Real rather than to
circle back through University Avenue. The bus operators have estimated savings of
approximately 5-8 minutes per trip could be achieved by avoiding University Circle and directly
connecting with Quarry Road at El Camino Real.
The bus route reorganization would have secondary benefits to the University Avenue and
University Circle area by eliminating the need for some buses to make constrained turning
movements in the corridor. Articulated buses require additional turning radii to access the
transit center from University Avenue which regularly causes congestion and delays for
vehicular traffic and creates additional conflict points for bicycles and pedestrians at the
gateway to Downtown Palo Alto.
The project would also include multiple pedestrian and bicycle improvements within El Camino
Park adjacent to or near the proposed transit connection and at the intersection of Quarry Road
and El Camino Real. Specifically, the proposed project would:
• Upgrade the crossing of El Camino Real to accommodate pedestrians and cyclists on
both sides of Quarry Road, which would reduce crossing time; and
• Add safety and accessibility measures at the intersection of Quarry Road and El Camino
Real (e.g., curb extensions and tighter turning radii, new pedestrian/bicycle ramps,
pedestrian and bicycle refuge islands, and high visibility bicycle markings are currently
being considered).Through the above improvements, there would be enhanced visibility
of the existing multi -modal path to the transit center and its connections to the existing
Class 1 multi -modal path that connects to El Camino Park and into Menlo Park, through
the PATC to the Embarcadero Bike Path, and to the Stanford Perimeter Trail. These
connectivity improvements would also make the active park facilities in El Camino Park
more accessible for bikes, pedestrians and transit riders.
Designs for the transit connection are in the early stages, but all feasible options are
under consideration, ranging from a new connection providing full access to buses
between the transit center and El Camino Real to an outbound -only transit lane. The
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conceptual design under consideration is illustrated in Attachment B. The preliminary
concept design includes 12.5 foot wide inbound and outbound transit travel lanes (188
feet and 163 feet in length, respectively), with six-inch curbs, separated by a landscaped
median that ranges in width between 18-33 feet that would house existing utilities.1
The utilities accommodated in the median are illustrated in Attachment C.
The projected area needed to implement this extension is approximately 0.24 acres,
including 0.10 acres of a landscaped median that, although part of the project area,
would remain in its current state. Voter approval would be requested to discontinue use
for park purposes of a slightly larger area —approximately 0.33 acres total —as minor
shifts in the location of the proposed project may be required as project plans are
finalized, to better meet access, circulation, and other goals. The additional 0.09 -acre
area represents a ten -foot -wide buffer around the projected location of the
improvements at the current conceptual design stage (see Attachment D). Following
completion of project construction, the City would anticipate re -dedicating for park
purposes the portion of the discontinued area that was not needed for the project. As
such, these figures conservatively reflect the maximum exposure, though pending final
design may have a smaller impact
The proposed project could require the removal of approximately 15 trees, and there
are an additional three trees in the project buffer area. The project could include
lighting, benches, signage and low level, drought tolerant landscape planting, mulch,
and additional tree planting. Any lighting and planting would be harmonious and
compatible with the existing conditions in El Camino Park.
Other modifications and improvements could include, but are not limited to, wayfinding
signs, additional striping and green bike lanes to help identify buffered lanes and
highlight any potential conflict areas between buses, transit and bicyclists in the
corridor, crosswalk striping, and refuge islands.
ANALYSIS
• El Camino Park consists of approximately 10.75 acres of land and is leased by Stanford
to the City under a 1915 lease that currently is set to expire in 2042. The Park has been
dedicated by the City by ordinance for recreational and conservation purposes. Palo Alto
Ordinance No. 2252 (Sept. 13, 1965); Palo Alto Municipal Code § 22.08.230 & Ex. A-19.
The proposed project would develop a strip of the underused, passive portion of El
Camino Park to provide a direct transit connection to the transit center, where bike and
pedestrian access are currently occurring. This area of the park does not have playing
fields but does provide circulation throughout that serves the park. The project is a park
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Item 11 Staff Report
improvement project in that it improves multi -modal movement to and through the
park. The proposed transit connection would enhance the use and enjoyment of El
Camino Park and the recreational amenities provided to the residents of Palo Alto and
the surrounding communities.
Additional Bicycle/Pedestrian Visibility and Bicycle Connectivity
High visibility bicycle and pedestrian crossings included in this project will enhance bicycle and
pedestrian visibility and bicycle connectivity at the existing El Camino Real intersection
connecting the PATC and Quarry Road. The existing bike path from the PATC to the Quarry Road
/ECR intersection provides critical east -west access for bicyclists and pedestrians between the
Palo Alto Transit Center, Downtown, the Stanford Shopping Center, and the Stanford Medical
Center. This intersection is also a gateway for cyclists traveling north and south on the multi -use
paths along both sides of El Camino Real, including the City's path to Menlo Park on the east
side and the Stanford Perimeter Trail on the west side. Access to these important paths that
allow cyclists to travel car -free in all directions would be enhanced by El Camino Real
intersection upgrade that includes green bike lane markings and signage.
The proposed Quarry Road Transit Connection project aims to enhance the Palo Alto area
through various improvements and modifications. The project's potential impacts and
considerations include:
• Enhanced pedestrian and bicycle paths within El Camino Park and at the intersection of
Quarry Road and El Camino Real, aiming to improve safety, access, and connectivity. The
proposed project includes high visibility crossings and green bike lane markings to facilitate
east -west and north -south travel for cyclists and pedestrians, connecting key areas such as
the Palo Alto Transit Center, Downtown, the Stanford Shopping Center, and the Stanford
Medical Center.
• Potential to augment the park's recreational facilities by improving connections to existing
paths, thereby integrating the park more effectively into the regional pedestrian and bicycle
network.
• A direct transit connection between the transit center bus bays and El Camino Real could
streamline bus traffic, potentially reducing congestion and emissions in the vicinity of the
park and improving the overall circulation environment for pedestrians and cyclists.
• Activation of underused areas of the park through thoughtful design, which could enhance
safety and usability of the space.
• Improved functionality of the Palo Alto Transit Center by facilitating more efficient bus and
shuttle service operations, which could benefit public transportation users accessing the
park and surrounding areas.
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Challenges and considerations for the project include:
• Potential environmental impacts, including the removal of trees and changes to green
spaces, which will require thoughtful mitigation strategies.
• Funding and budget considerations, as the estimated construction costs range between $3-
3.5 million, with efforts to secure funding through external sources.
• Caltrans review and approval of this project will be necessary, which will not occur until
after voter approval.
Discontinuance of Parkland Use
Consideration of the required El Camino Park undedication for the Quarry Road Transit
Connection proposal can be considered within the city's actions related to adding parkland to
the City's existing parks inventory. The Parks and Recreation Commission has established an ad
hoc committee and been working with staff to identify appropriate locations to dedicate city -
owned property as parkland. The recent unanimous decision by the City Council on March 4 to
dedicate the 0.2 -acre Tower Well site as parkland, characterized by its historical water tower
and naturalistic elements, is the most recent example of new parkland dedication. The recent
dedication, along with ongoing evaluations for further parkland dedications, were considered
and discussed by the Stanford Ad Hoc Committee.
The Quarry Road project was presented to the Parks and Recreation Commission (PRC) meeting
at their March 2024 meeting. The PRC had the following questions related to the proposed
project:
• Will the trees to be removed be replaced?
• Will the Olympic Grove Redwood Trees be impacted?
• What vegetation currently exists within the project area?
• Will the project look at cumulative impacts of other transportation projects in the
area?
• Would there be adverse impacts to the fields due to the buses such as vibration?
Some members of the PRC noted that the project will create a roughly 1.0 acre of El Camino
Park that is separated from the rest of the park by the new access road making that area
unusable. They requested that an additional acre of land be dedicated by Stanford to
compensate for this area being separated from the rest of the park.
Other comments were related to reducing lighting, ensuring new plantings are native species,
and increase in air pollution exposure to field users, especially children. Overall, the
commission's feedback highlighted a balance between recognizing the project's benefits and
addressing environmental and community concerns.
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Item 11 Staff Report
Article VIII of the Palo Alto City Charter governs dedicated parklands and states as follows:
• All lands owned or controlled by the city which are or will be used for park, playground,
recreation or conservation purposes shall be dedicated for such purposes by ordinance.
• No land heretofore or hereafter dedicated for such purposes shall be sold or otherwise
disposed of, nor shall its use be abandoned or discontinued except pursuant to majority
vote of the electorate. Any election and related procedures under Article VIII shall
conform to the provisions set forth in general law as it existed January 1, 1965, except
that the council may call such election by majority vote.
• No substantial building, construction, reconstruction or development upon or with
respect to any lands so dedicated shall be made except pursuant to ordinance subject to
referendum.
The proposed roadway does not qualify as a park purpose, as it will be used to transit the park
rather than access the park itself. Given that El Camino Park has been dedicated by the City for
recreational and conservation purposes, a majority vote of the electorate is necessary to
discontinue from park use the portion of El Camino Park that would be used to facilitate transit
circulation.
Voter approval would be requested to discontinue use for park purposes of approximately 0.33
acres total. The preliminary design concept alternatives have estimated that up to 0.24 acres of
parkland would be required to accommodate the proposed transit connection, with an
additional 0.09 acres of buffer for project design that would be rededicated for park use after
project construction.
If there is no desire to undedicate parkland for the Quarry Road Transit Connection project, the
current state of the Palo Alto Transit Center (PATC) and the surrounding areas will remain
unchanged. This means that the existing transit operations, including the flow of buses and
shuttles through the University Circle and along University Avenue, will continue without the
anticipated reduction in transit times. Consequently, the potential benefits of alleviating
congestion and improving connectivity for pedestrians and cyclists, as outlined in the project
proposal, will not be realized. The parkland will retain its current recreational and conservation
designation, and no changes to the physical landscape of El Camino Park will occur as a result of
the project.
• Timeline
This item initiates a discussion with the Palo Alto City Council to consider placing the
proposed parkland discontinuance on the ballot for the Fall 2024 election. If the ballot
measure passes, the City and Stanford will work with the transit agency stakeholders
and Caltrans to further develop construction plans and apply for necessary permits.
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Item 11 Staff Report
FISCAL/RESOURCE IMPACT
The preliminary cost estimate for constructing the proposed project is estimated to be between
$3-3.5M but is dependent on ultimate design. These costs will be updated as the design is
advanced and construction documents are prepared. Funding is being pursued through MTC
but may not be identified until after the ballot measure is considered by voters. According to
the Santa Clara County Registrar of Voters, a ballot measure is estimated to be an additional
$85,341. This is estimated only based on projected registration and available information. It is
subject to change upon final billing of the actual charges after the election.
STAKEHOLDER ENGAGEMENT
Stanford University has played a pivotal role in advancing the Quarry Road Transit Connection
project, working in close collaboration with City of Palo Alto staff. This partnership has been
instrumental in the project's development, ensuring that the proposed changes align with the
broader transportation and community goals of the area.
In addition to Stanford's involvement, there has been active coordination with the various
public transit operators that service the Palo Alto Transit Center (PATC). These operators include
SamTrans, Santa Clara Valley Transportation Authority (VTA), and the Dumbarton Express, all of
which are integral to the regional transit network and have a stake in the project's outcome due
to its potential impact on their operations.
Furthermore, the Metropolitan Transportation Commission (MTC) has been engaged in the
process, given its role in funding and planning for transportation projects across the Bay Area.
The MTC's involvement is crucial for securing the necessary funding and ensuring that the
project aligns with regional transportation strategies and priorities.
This project has also been recently reviewed by the PRC, and the project will be reviewed by the
Pedestrian and Bicycle Advisory Committee (PABAC).
The proposed Quarry Road Transit Connection Project would advance numerous
Comprehensive Plan policies and programs, as follows:
• Policy T-1.11 Encourage continued enhancement of the Caltrain stations as important
transportation nodes for the city.
• Program T1.11.1 Collaborate with Stanford University, VTA, Caltrain and other agencies
to pursue improvements to the Palo Alto Transit Center area aimed at enhancing the
pedestrian experience and improving circulation and access for all modes, including
direct access to El Camino Real for transit vehicles.
• Program T3.10.3 Provide safe, convenient pedestrian, bicycle and transit connections
between the Stanford Shopping Center/Medical Center areas and housing along the
Sand Hill Road/Quarry Road corridors to Palo Alto Transit Center, Downtown Palo Alto
and other primary destinations.
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Item 11 Staff Report
• Program T3.10.4 Pursue extension of Quarry Road for transit, pedestrians and bicyclists
to access the Palo Alto Transit Center from El Camino Real. Also study the feasibility of
another pedestrian and bicycle underpass of Caltrain at Everett Street.
• Policy T-8.2 Coordinate with local and regional agencies and Caltrans to maintain and
improve transportation infrastructure in Palo Alto, including the Multi -Modal Transit
Center.
ENVIRONMENTAL REVIEW
The proposed project is exempt from the California Environmental Quality Act (CEQA). The
proposed project comes within the statutory exemption for "facility extensions not to exceed
four miles in length which are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services." Pub. Res. Code § 21080(b)(12).
Due to its fixed location, Caltrain qualifies as an "exclusive public mass transit guideway"
service. The proposed project would extend the existing transit center facility by approximately
210 feet, through the intersection of Quarry Road and El Camino Real, to facilitate the transfer
of passengers to Caltrain, among other public transit services. Staff continues to investigate
whether any additional CEQA exemptions also may apply to the proposed project.
ATTACHMENTS
Attachment A: Transit and Multi -model Connections
Attachment B: Conceptual Site Plan
Attachment C: Utilities in the Landscaped Median
Attachment D: Project Buffer
Attachment E: Resolution of Intention to Call an Election to Submit the Question of
Discontinuance of a Portion of El Camino Park as Dedicated Parkland
APPROVED BY:
Philip Kamhi, Chief Transportation Official
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Item 11
Attachment A -Transit
and Multi -model
Connections
Attachment A: Transit and Multi -model Connections
x `CC
K m
m m m
ALMA STREET
1y�,y
E7(ISTING
Caltraln Commuter Railway J_iITUN MEL
- I; FUTURE EVERETT AVE
ITUNNELCONNECTION
I r ��' Train Terminal 4
.=� VTATerminal -
f4 i `r " 40 fy MacArthur
o ! - p �r .a COMPLE EU•.20�L7,'' 'A
a i - �,almss L- path L5ithpark s--~
1 9 en rea.a UahLinp
EL CANMNO _>1REart) 1 5
- _.--, EL CAMINO REAL
• .} w` .. '. —+tea C E —~ n1~ Cit�of Palo Alto —'
Santa Cla ~-��`
a ours
Exhibit 1: ° I
Quarry Road Connection:
\
Iiiustrative Concept Design -� Existing Path a ,
1 inch a 150 feet , Future Path'
use na aaxaax �emFa mn «0.mwa wa.mrc9 � I i
J f
The proposed project includes the improvements shown conceptually above as "Future
Quarry Road Transit Way" and the pedestrian/bike crossing on the southern leg of El
Camino Real at Quarry Road. The figure above is not intended to identify the exact
proposed location of these improvements.
Other potential improvements depicted above as "Future Path" and "Long -Term,"
including the "Future Everett Ave. Tunnel Connection," are not part of the proposed
project and are illustrated here only for context.
6I Page r ich2024
Item 11: Staff Report Pg. 10 Packet Pg. 238 of 410
Item 11
Attachment B -
Conceptual Site Plan
Attachment B: Conceptual Site Plan
I
-I
EIL
JLEuuuuuu1
PALO ALTO TRANSIT CENTER - QUARRY ROAD EXTENSION
PALO ALTO. CA
03/14/2024
71 Page ch2024
Item 11: Staff Report Pg. 11 Packet Pg. 239 of 410
Item 11
Attachment C - Utilities in
the Landscaped Median
Attachment C: Utilities in the Landscaped Median
I �
PALO ALTO TRANSIT CENTER - QUARRY ROAD EXTENSION: SITE CONSTRAINTS m.v
03/1412024
81 Page ch2024
Item 11: Staff Report Pg. 12 Packet Pg. 240 of 410
Item 11
Attachment D - Project
Buffer
Attachment D: Project Buffer
A 10 -foot -wide project buffer is illustrated in red.
R15.0'
- .t
91 Page r ch 2024
Item 11: Staff Report Pg. 13 Packet Pg. 241 of 410
NOT YET APPROVED
Item 11
Attachment E - Resolution
of Intention
Resolution No.
Resolution of Intention of the Council of the City of Palo Alto to Call
an Election to Submit the Question of Discontinuance of a Portion of
El Camino Park as Dedicated Parkland and Setting June 10, 2024 for a
Public Hearing for Protests
lAW
A. The area known as El Camino Park is dedicated for park, playground, recreation, or
conservation purposes, as codified at Palo Alto Municipal Code (PAMC) section 22.08.230. A
legal description of El Camino Park is codified as Exhibit A-19 to PAMC Title 22 and is attached
as Exhibit A to this resolution.
B. Article VIII of the Charter of the City of Palo Alto requires that "[n]o land heretofore or
hereafter dedicated for such purposes shall be sold or otherwise disposed of, nor shall its use
be abandoned or discontinued except pursuant to majority vote of the electorate. Any
election and related procedures under Article VIII shall conform to the provisions set forth in
general law as it existed January 1, 1965, except that the council may call such election by
majority vote." The Charter includes the "provisions set forth in general law" in Appendix A
to the Charter of the City of Palo Alto.
C. The City intends to ask the voters whether a portion of El Camino Park shall be discontinued
as dedicated parkland. The area proposed for discontinuance is described and shown in
Exhibit B to this resolution and is approximately 0.33 acres.
D. The City intends that the area to be discontinued would be used to build a road connecting
the adjacent Palo Alto Transit Center with El Camino Real. This would allow buses to shorten
the drive time to and from the Transit Center and would encourage use of public
transportation, among other benefits.
E. The project would also include multiple pedestrian and bicycle improvements adjacent to or
near the proposed transit connection, including at the intersection of Quarry Road and El
Camino Real.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City Council finds that the public interest or convenience requires the
discontinuance of the use of the land described in Exhibit B as a public park, and the City Council
intends to call a special election to submit the question of discontinuance to the city electors.
SECTION 2. THEREFORE, IT IS ORDERED that a public hearing shall be held on June 10,
2024, at 5:30 pm, or as soon thereafter as the matter may be heard, at the Council Chambers of
City Hall, located at 250 Hamilton Avenue, Palo Alto, at which the Council shall hear protests to
the proposed discontinuance and give any objections due consideration, provided that any such
protest must be made in writing and delivered to the Office of the City Clerk at any time before
the hour set for the hearing and in compliance with the protest guidelines attached as Exhibit C;
1
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NOT YET APPROVED
Item 11
Attachment E - Resolution
of Intention
i. IT IS FURTHER ORDERED that the City Clerk and the City's Park
Superintendent or City Manager are directed to give notice of the public hearing in
the time and manner provided in Appendix A to the City Charter.
SECTION 3. Environmental Review. The City Council finds the proposed project exempt
from the California Environmental Quality Act (CEQA). The proposed project comes within the
statutory exemption for "facility extensions not to exceed four miles in length which are required
for the transfer of passengers from or to exclusive public mass transit guideway or busway public
transit services." Pub. Res. Code § 21080(b)(12). Due to its fixed location, Caltrain qualifies as an
"exclusive public mass transit guideway" service. The proposed project would extend the existing
transit center facility by approximately 210 feet, through the intersection of Quarry Road and El
Camino Real, to facilitate the transfer of passengers to Caltrain, among other public transit
services.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Mayor
APPROVED:
City Manager
Director, Community Services Division
Director, Chief Transportation Official
2
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Item 11
Attachment E - Resolution
NOT YET APPROVED
of Intention
Exhibit A
Legal Description of El Camino Park as Codified in Exhibit A-19 to Title 22 of the Palo Alto
Municipal Code
EXHIBIT A-19 LEGAL DESCRIPTION EL CAMINO PARK
Beginning at the most northerly corner of that certain 1.194 acre parcel of land
described in that certain sublease between the City of Palo Alto and Southern Pacific
Railroad Company, dated October 2, 1939; thence S. 17° 13' 57" E. along the westerly
line of said parcel 143.13 feet; thence S.51° 41' 59" E. 421.31 feet; thence
northeasterly along a tangent curve to the left, having a radius of 13.64 feet, through a
central angle of 90 00' for an arc length of 21.42 feet to a point of reverse curve; thence
southeasterly along a curve to the right, having a radius of 13.64 feet, through a central
angle of 90° 00', for an arc length of 21.42 feet; thence S. 51° 41' 59" E. 122.41 feet;
thence southerly along a tangent curve to the right, having a radius of 75 feet, through a
central angle of 87° 29' 32", for an arc length of 114.53 feet, to a point of reverse curve;
thence southerly along a tangent curve to the left, having a radius of 300 feet, to a point
of reverse curve; thence southerly along a tangent curve to the left, having a radius of
300 feet, to a point of compound curve; thence continuing southerly along a tangent
curve to the left, having a radius of 68 feet, through a central angle of 20° 03' 52" for an
arc length of 23.81 feet, to a point of reverse curve; thence southwesterly, along a
reverse curve to the right having a radius of 33.40 feet, through a central angle of 77°
52' 04", for an arc length of 45.39 feet, to a non -tangent point on the northeasterly line
of El Camino Real; thence northwesterly, along said northeasterly line, the following
courses and distances: N. 51° 13' 12" W. 566.52 feet; N. 42° 20' 20" W. 80.45 feet;
along a curve to the left, having a radius of 1333 feet through a central angle of 8° 24'
00", for an arc length of 195.43 feet; N. 51° 08' W. 68.39 feet; along a tangent curve to
the right, having a radius of 900 feet, through a central angle of 11 ° 08' 21 ", for an arc
length of 174.97 feet; N. 39° 59' 39" W. 317.82 feet; along a tangent curve to the left,
having a radius of 72 feet, through a central angle of 73° 09' 21", for an arc length of
91.93 feet; N. 45° 58' 59"W. 436.48 feet; N. 41° 16' 13" W. 151.00 feet; along a curve
to the right, having a radius of 102 feet, through a central angle of 16° 19' 30", for an arc
length of 29.06 feet, to a point of compound curve, along a curve to the right, having a
radius of 12 feet, through a central angle of 90° 08' 53", for an arc length of 18.88 feet;
N. 31° 10' 38" W. 85.53 feet; N. 51° 31' 10" W. 123.49 feet; N. 49° 31' 31" W. 69.11 feet
to a point in the centerline of San Francisquito Creek; thence leaving said northeasterly
line of El Camino Real, and running along the centerline of said creek S. 85° 56' 59" E.
164.52 feet and N. 62° 31' 01" E. 77.22 feet, to a point on the southwesterly line of the
Southern Pacific right-of-way; thence southeasterly along the southwesterly line S. 51
35' 10" E. 7.93 feet; S. 51O 41' 59" E. 797.87 feet and S. 46° 56' 10" E. 602.08 feet;
thence S. 38° 18' 01" W. 60.00 feet to the point of beginning. Excepting therefrom the
following described portion of Palo Alto Avenue: Beginning at the northerly terminus of
the above described as "having a radius of 12 feet, through a central angle of 90° 08'
53", for an arc length of 18.88 feet"; thence easterly along a compound curve to the
right, having a radius of 182 feet, through a central angle of 19° 27' 55", an arc length of
61.83 feet; thence N. 81O 46' 56" E. 59.63 feet; thence N. 84° 40' 59" W. along said
right-of-way line 86.96 feet; thence S. 84° 40' 05" W. 192.23 feet; thence westerly along
a curve to the right, having a radius of 382 feet, through a central angle of 7° 50' 24", an
3
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Item 11
Attachment E - Resolution
NOT YET APPROVED
of Intention
arc distance of 52.27 feet; thence S. 31O 10' 38" E. 85.53 feet to the point of beginning.
Also excepting therefrom that portion thereof described in Resolution No. 5802 of the
City of Palo Alto recorded July 16, 1980 in Book F442 of Official Records at Page 707,
records of Santa Clara County, California. Also excepting therefrom that certain 0.551
acre parcel described as follows: Commencing at the intersection of the southwesterly
line of the Southern Pacific Railroad Company's right-of-way, 230 feet in width, (as
described in that certain easement of Leland Stanford to the Southern Pacific Railroad
Company, dated November 23, 1892, and recorded October 28, 1915, in Volume 435 of
Deeds at page 244, Santa Clara County Records, in which the bearing of said line is
called North 51 28' West, which is also the southwesterly line of that certain easement
(Palo Alto Agreement No. 224) granted by the Southern Pacific Railroad Company to
the City of Palo Alto by Agreement dated October 2, 1939, and recorded November 27,
1939, in Book 954 of Official Records, page 567, Santa Clara County Records), with the
center line of University Avenue produced southwesterly, as said University Avenue
exists 75 feet in width (said intersection being the most easterly point of Parcel 1 as
described in that certain lease of the Board of Trustees of Leland Stanford Junior
University of the City of Palo Alto (Palo Alto Lease No. 3) dated June 10, 1915, and
recorded by Stanford University on September 23, 1915, in Vol. P of Leases at page
333 et seq., Santa Clara County Records, in which the bearing of said line is called
North 51 45" West); thence North 51 45' West along said southwesterly line a distance
of 467.50 feet to the intersection of said line of right-of-way with the center line of Lytton
Avenue (prolonged); a distance of 81.00 feet to a point on the southwesterly most line of
Parcel No. 2, City of Palo Alto Agreement No. 46, dated October 2, 1939, and recorded
October 30, 1939, in Book 951 of Official Records, page 580, Santa Clara County
Records, which point is the true point of commencement; thence South 51 45' East,
along said southwesterlymost line, a distance of 25.00 feet; thence South 38 15' West a
distance of 120.00 feet; thence North 51 45' West a distance of 200.00 feet; thence
North 38 15' East a distance of 120.00 feet to a point on the above mentioned
southwesterlymost line of Parcel No. 2; thence South 51 45' East a distance of 175.00
feet along said line to the true point of commencement.
4
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Item 11
Attachment E - Resolution
NOT YET APPROVED
of Intention
Exhibit B
Legal Description of the Area Proposed for Discontinuance
(See following pages)
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Item 11
Attachment E - Resolutionl
of Intention 023
No. 20240028
Page 1 of 2
EXHIBIT "B"
Legal Description
PARK DISCONTINUANCE AREA
A Portion of El Camino Park, Palo Alto, CA
Real property in the City of Palo Alto, County of Santa Clara, State of California, described as follows:
Being a portion of Park Parcel 1, as said Parcel 1 is described in that certain document, recorded on September
6, 2012, as Document 21840095, Official Records of Santa Clara County, more particularly described as
follows:
COMMENCING at the most westerly corner of Palo Alto Station Grounds, as said Station Grounds are
described in that certain easement from Leland Stanford to the Southern Pacific Railroad Company, dated
November 23, 1892 and recorded October 28, 1915 in Volume 435 of Deeds at Page 244, Official Records
of Santa Clara County, said point being marked by a found 3/4" iron pipe with wood plug and tack;
Thence along the northeasterly line of said Park Parcel, South 16°12'28" East, 56.48 feet to the POINT OF
BEGINNING;
Thence leaving said point and continuing along said northeasterly line, South 16°12'28" East, 86.65 feet to
an angle point in said northeasterly line;
Thence along said northeasterly line, South 50°40'30" East, 4.34 feet;
Thence leaving said northeasterly line, South 34°32'43" West, 24.21 feet to the beginning of a tangent
curve to the right, having a radius of 273.00 feet;
Thence southwesterly along said curve, through a central angle of 09°40' 14", for an arc length of 46.08
feet;
Thence South 44°12'57" West, 49.45 feet, to the beginning of a tangent curve to the left, having a radius of
49.50 feet;
Thence southerly along said curve, through a central angle of 62°46'25", for an arc length of 54.23 feet to
the northeasterly line of El Camino Real (State Highway 82);
Thence northwesterly along said northeasterly line, North 41°18'51" West, 2.64 feet; to the beginning of a
non -tangent curve, concave to the southwest, having a radius of 1,333.00 feet, with a radial line that bears
North 48°17'29" East;
Thence continuing along said northeasterly line and northwesterly along said curve, through a central angle
of 04°28'38", for an arc length of 104.17 feet;
Thence leaving said northeasterly line, North 44° 14'48" East, 87.93 feet; to the beginning of a tangent
curve to the right, having a radius of 260.50 feet;
Thence northeasterly along said curve, through a central angle of 04°48'43", for an arc length of 21.88 feet;
Thence North 49°03'31" East, 59.71 feet, to the beginning of a tangent curve to the left, having a radius of
19.50 feet;
Thence northerly along said curve, through a central angle of 66°09'32", for an arc length of 22.52 feet;
Thence North 29°22'27" East, 14.50 feet to the POINT OF BEGINNING.
Containing an area of 13,960 square feet, more or less.
Item 11: Staff Report Pg. 19 Packet Pg. 247 of 410
Item 11
Attachment E - Resolution
of Intention J "B»
Legal Description
Page 2 of 2
As shown on plat attached hereto and by this reference made a part hereof.
Christopher Cassera
P.L.S. No. 9781
Date 3/28/2024
O pt Low
& CHRISTOPHER
4 CASSERA
M
78, nl
K:\2024\240028 El Camino Quarry\DOC\05-Survey\I-Plats_and Legal_Desc\ParkVacation Legal.docx
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chment E - Resolution
of Intention
DEPOT PARCEL A
DOC. 21840095
APN 120-31-021
P.O.B.
P.O.C.
(MOST WESTERLY CORNER OF PALO ALTO
STATION GROUNDS 435 DEEDS 244)
LANDS OF
THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR UNIVERSITY
PARK PARCEL 1
DOC. 21840095
APN 120-31-009
EL CAMINO REAL
(STATE HIGHWAY 82)
PARK
DISCONTINUANCE
AREA
13,960 S.F. f
(SEE SHEET 2
FOR DIMENSIONS)
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LEGEND
APN ASSESSOR'S PARCEL NUMBER 0 40 80 160
PER ROLL YEAR 2023-24
P.O.B. POINT OF BEGINNING I EXHIBIT "B"
P.O.C. POINT OF COMMENCEMENT I PLAT TO ACCOMPANY
SQ.FT. SQUARE FEET SCALE IN FEET LEGAL DESCRIPTION
1730 N. FIRST STREET SUBJECT PARK DISCONTINUANCE AREA
SUITE 600 A PORTION OF EL CAMINO PARK, PALO ALTO, CA
SAN JOSE, CA 95112 JOB NO. 20240028
(408) 467-9100 BY HJP APPR• CASC DATE 03-28-2024
www.bkf.com 1 OF 2
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,ttachment E - Resolution
of Intention
P
DEPOT PARCEL A
$6 Q8. DOC. 21840095
APN 120-31-021
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R=19.50' 86 6S°
0=66O9'32"
L=22.52'
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LENGTH
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55040'30"E
4.34'
L2
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2.64'
L3
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14.50'
LANDS OF
THE BOARD OF TRUSTEES OF THE
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PER ROLL YEAR 2023-24 0 30 60
P.O.B. POINT OF BEGINNING I I /
P.O.C. POINT OF COMMENCEMENT EXHIBIT "B"
(R) RADIAL BEARING PLAT TO ACCOMPANY
S.F. SQUARE FEET SCALE IN FEET LEGAL DESCRIPTION
1730 N. FIRST STREET SUBJECT PARK DISCONTINUANCE AREA
SUITE 600 A PORTION OF EL CAMINO PARK. PALO ALTO. CA
SAN JOSE, CA 95112 JOB NO. 20240028
(408) 467-9100 BY HJP APPR. CASC DATE 03-28-2024
www.bkf.com 2 OF 2
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Item 11
Attachment E - Resolution
NOT YET APPROVED
of Intention
Exhibit C
GUIDELINES FOR THE SUBMISSION OF PROTESTS
Where a resolution of intention has been adopted by the City Council setting a public hearing
with respect to the potential discontinuance of land as a public park, the following shall govern
the protest process:
Submission of Protests
1. Any person may submit a written protest to the City Clerk, either by delivery to the Office
of the City Clerk during its business hours or by submitting the protest to the City Clerk (or
his or her designee) before the hour set for the public hearing. Protests must be received
no later than the hour set for the hearing. Protests received after that deadline, even if
postmarked or emailed prior to the deadline, cannot be accepted.
2. Each protest must (i) state that it is a protest against the proposed discontinuance of the
park dedication, (ii) identify the name of the person making the protest, (iii) identify the
person's address (by assessor's parcel number or street address) and (iv) include the
signature of the person making the protest.
3. The notice of the public hearing may designate an email address at which written protests
will be accepted. If an email address is so designated, the City will treat PDF files sent to
the email address as written protests so long as (i) the PDF file contains all information
(including a signature) required by these guidelines to be included in a written protest, and
(ii) the PDF file is received at the email address no later than the date and time indicated
on the notice as the deadline for email submissions.
4. To be valid, signatures on protests sent via email must be provided via either (i) a document
that has been signed and scanned, or (ii) an electronically signed document. Emails that
do not contain a valid signature, for example emails that close with a typed name, will not
be accepted.
5. Although oral comments at the public hearing will not qualify as a formal protest unless
accompanied by a valid written protest, the City Council welcomes input from the
community during the public hearing on the proposed discontinuance.
6. Any person who submits a protest may withdraw it by submitting to the City Clerk a written
request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient
information to identify the person who submitted both the protest and the request that it
be withdrawn.
7. A protest proceeding is not an election.
8. To ensure transparency and accountability in the protest process, protests are disclosable
public records once they are received by the City.
Receipt of Protests
1. The City Clerk shall determine the validity of all protests. The City Clerk shall not accept as
valid any protest if the City Clerk determines that any of the following conditions exist:
6
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Item 11
Attachment E - Resolution
NOT YET APPROVED
of Intention
3
a. The protest does not identify all of the information required above.
b. The protest does not bear the signature of one or more people.
c. The protest does not state its opposition to the proposed discontinuance.
d. The protest was not timely received by the City Clerk.
e. A request to withdraw the protest is received prior to the hour of the public
hearing.
The City Clerk's decision that a protest is not valid shall constitute a final action of the City
and shall not be subject to any internal appeal.
The City Clerk shall transmit all protests to the City Council in any form that is practicable.
If the City Clerk receives no valid protests, it shall declare as such to the City Council.
7
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Item 12
Item 12 Staff Report
City Council
Staff Report
From: City Manager
CITY O F Report Type: ACTION ITEMS
PALO Lead Department: Planning and Development Services
ALTO Meeting Date: April 22, 2024
Report #:2402-2684
TITLE
Addition of 16 properties to the City's Historic Resources Inventory based on Owner interest.
CEQA Status: Pursuant to Public Resources Code Section 21065, the Historic Designation of
Properties is not a Project Subject to Environmental Review.
RECOMMENDATION
Staff recommends the City Council:
1. Adopt the attached record of land use action (Attachment A) to add 16 properties
meeting specified criteria to the City's Historic Resources Inventory, based on expressed
owner interest.
2. Direct staff to continue outreach to eligible property owners among the properties
discussed in this report and to place future additions to the Historic Resources Inventory
with expressed owner interest on the Consent Calendar.
EXECUTIVE SUMMARY
In early 2022, the Council directed staff to review 167 properties throughout the City that were
previously identified as being eligible for the National Register of Historic Places (NRHP) and
California Register of Historical Resources (CRHR); 1471 of those properties were found to still
exist and retain their historic significance and integrity2. Staff discovered one of the 147
properties had been placed on the Historical Resources Inventory (HRI) by Council action in
2014.
1 Link to consultant's list and HRB hearing dates of 147 properties in the 2023 survey the HRB reviewed:
https://www.cityofpaloalto.org/files/assets/public/v/2/planning-amp-development-services/historic-
preservation/historic-inventory/property-groupings-for-hrb-hearings-hyperlinked-rev12052023.pdf
z Link to 2023 Reconnaissance Survey Report: https://www.cityofpaIoaIto.org/files/f6745b3d-6148-4678-99b3-
3c7dd712743b/2023-Recon n -Survey -Report 2023-09-28 Revised Draft. pdf
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Through an extensive public engagement process with outreach and hearings before the City's
Historic Resources Board (HRB), 83 of the 146 property owners objected to their property being
listed on the inventory. Based in part on this feedback, the HRB decided not to recommend
nomination over a property owner's objection. Accordingly, the HRB recommended the City
Council list 63 properties on the City historic resources inventory.
However, the HRB and staff have not heard from all the 63 property owners despite sending
multiple certified mailed notices to these owners. Three of the properties are City -owned and
discussed later in this report. Another eleven property owners have affirmatively requested
their property be listed on the City's historic resources inventory. The remaining property
owners (and some are in trusts) may be unaware of the HRB recommendation, still considering
options, or ambivalent to being listed.
The attached record of land use action advances 16 properties for local listing on the City's HRI.
Staff further recommends that Council authorize continued engagement to owners of the
remaining 47 properties. Properties for which the owners affirmatively express an interest in
being listed will be transmitted to the Council on the Consent Calendar.
BACKGROUND
The City of Palo Alto's historic preservation program began in 1979 with a historic resources
survey3 that looked at pre -1940 buildings located primarily north of Oregon Expressway. The
survey identified the major styles of early Palo Alto and resulted in the local Historic Resources
Inventory (HRI) with a list of hundreds of individual properties. The survey identified potential
historic districts such as Professorville and Ramona Street Architectural District.
Between 1997 and 2001 another survey was prepared that built upon the 1979 survey and
covered all properties within the city limits that were built prior to 1947. The survey addressed
properties in relation to the national criteria for listing. Identified properties4 were placed in two
categories: 1) those that appear National Register of Historic Places It is these 165 properties
that are the subject of this report and associated with Council's direction on March 21, 2022 to
advance Comprehensive Plan Program L-7.1.1, which in summary, encourages the City to
update and maintain its local HRI.
3 1979 survey report https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-
services/historic-preservation/1979-inventory-and-report.pdf
4 Link to list of properties identified in the 1997-2001 historic survey:
https://www.citVofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/historic-
resou rces-board/2022/2001-survey-list-of-291-properties-eva luated-for-nrhp-resu Iting-in-165-nrh p-eligible-
properties.pdf
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DISCUSSION
Staff engaged a historic consultant and worked with the HRB to evaluate the 165 properties in
accordance with state and federal criteria and local codes. Staff, with the HRB, supported an
extensive outreach effort to notify all properties that continued to meet eligibility criteria.
Similar to an attempt at the turn of the century to list historic resources on the City's inventory,
this effort too was met with opposition from property owners opposed to listing. Over 55% of
the eligible property owners expressed their objection citing concerns over impacts to property
values, ability to make changes to their property or structures, and a lack of incentives, among
other concerns.
While the Council has the authority to list all eligible properties on the local registry, staff and
the HRB do not recommend advancing any properties over a property owner's objection.
Moreover, staff is concerned that the City has not heard from most of the other property
owners remaining on the list. This may be because property owners are unaware of the
potential for nomination despite extensive outreach and certified mailing, or, less likely,
because owners are ambivalent to nomination. Accordingly, staff has drafted a record of land
use action that forwards properties for listing from owners that have affirmatively expressed
interest in being listed on the inventory. This differs from the HRB's recommendation, which
supported listing all the remaining 63 properties that did not object to listing.
Staff seeks Council's support to continue outreach to the remaining 47 properties in an effort to
determine their affirmative interest in nomination. If more property owners elect to proceed,
staff would return to the Council in the next few months with a new record of land use action
and present that to the Council on the Consent Calendar.
Properties Proposed for Nomination
The following is a summary of the properties proposed for nomination, the address, the local
criterion met for designation, and a brief description supporting the recommendation:
1. 731 Emerson Streets is recommended for placement on the HRI as a Category 2 resource,
under local Criterion 2 (The structure or is particularly representative of an architectural style or
way of life important to the city, state, or nation), and Criterion 5 (The architect or building was
important). Built in 1896, it is significant as an early and notable example of the Queen Anne
style that was built by important local builder H.L. Upham.
s Link to nomination form and evaluation for 731 Emerson:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/emersonst 731.pdf
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2. 243-245 Webster Street6 is recommended for placement on the HRI as a Category 2
resource, under local Criterion 2. Built in 1904, it is significant as a property that embodies the
distinct characteristics of the Eastern Shingle style.
3. 330 Cowper Street' is recommended for placement on the HRI as a Category 2 resource,
under local Criterion 1 (The structure or site is identified with the lives of historic people or with
important events in the city, state or nation). Built in 1904, with a period of significance 1930-
1948, it is significant as a residence lived in by a notable Black family who were both active in
the Black community of Palo Alto during a period of significant growth; and were rare Black
residents in the city at a time when de jure and de facto segregation limited the ability of Blacks
to reside within Palo Alto. 330 Cowper Street was constructed prior to the adoption of
restrictive covenants (based on race and religion) and was located outside of the previously
established small zone along Fife Avenue where Black families were allowed to rent property.
4. 541 E Crescent Drive8 is recommended for placement on the HRI as a Category 2 resource,
under local Criteria 2 and 5, and Criterion 6 (The structure or site contains elements
demonstrating outstanding attention to architectural design, detail, materials or
craftsmanship.) Built in 1928, it is a significant example of a Tudor Revival style building and a
notable example of the work of significant local architect Charles K. Sumner. It is also an
exemplar of craftsmanship by important local builder H.H. Dabinett. The building appears to
retain a high level of integrity.
5. 421 California Avenue9 is recommended for placement on the HRI as a Category 2 resource,
under local Criteria 2 and 5. Built in 1929, it is significant as a notable example of a commercial
building in the Spanish Colonial Revival style, and a rare example of the style in brick designed
by prolific Palo Alto architect Birge Clark. Despite alterations to the facade including removal of
6 Link to nomination form and evaluation for 243-245 Webster:
https://www.citvofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
areservation/historic-inventorv/websterstreet 243.odf
Link to nomination form and evaluation for 330 Cowper:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/cowperstreet 330.pdf
8 Link to nomination form and evaluation for 541 E Crescent:
https://www.citvofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/ecrescentdr 541.pdf
9 Link to nomination form and evaluation for 421 California:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/californiaave 421.pdf
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original wrought iron features, the building retains significance as a unique work by important
local architect Birge Clark.
6. 1401 Edgewood Drive10 is recommended for placement on the HRI as a Category 2 resource,
under local Criteria 1, 2, and 5. Built in 1938 with a period of significance 1938-1960, it is
significant for both its association with local Palo Alto resident Merritt C. Speidel and for its
Colonial Revival design by David Clark and Walter Stromquist. The building was constructed for
Speidel, who owned and operated a Palo Alto -based chain of eight newspapers that were
published across the nation. Speidel lived with his family at the subject building until his death
in 1960. Speidel's personal residence is associated with his professional accomplishments as no
other known location reflects that history. The building is a rare Colonial Revival design to come
out of the office of prolific local architect Birge Clark, and was designed by his successors, David
Clark and Walter Stromquist.
7. 1474 Edgewood Drive" is recommended for placement on the HRI as a Category 2 resource,
under local Criteria 2 and 5. Built in 1935, 1474 Edgewood Drive is significant for its Spanish
Colonial Revival style as designed by Birge Clark, who was one of Palo Alto's most significant
and prolific local architects.
8. 2340 Tasso Street12 is recommended for placement on the HRI as a Category 2 resource,
under local Criteria 2 and 5. Built in 1933, it is significant as a property that embodies the
distinct characteristics of the French Norman and Storybook subtypes of the Period Revival style
and is one of the earliest known Palo Alto residences designed by the prominent local builder -
contractor William F. Klay.
9. 311 El Carmelo Avenue13 is recommended for placement on the HRI as a Category 2
resource, under local Criteria 2. Built in 1894, it is significant as a good and rare example of an
10 Link to nomination form and evaluation for 1401 Edgewood:
https://www.citvofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/edgewooddrive 1401.pdf
11 Link to nomination form and evaluation for 1474 Edgewood:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/edgewooddrive 1474.pdf
12 Link to nomination form and evaluation for 2430 Tasso:
https://www.citvofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/tassostreet 2340.pdf
13 Link to nomination form and evaluation for 311 El Carmelo Ave:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/elcarmeloavenue 311.pdf
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early house type that was likely adapted from pattern book designs to incorporate two separate
entrances, and that demonstrates characteristics of the Queen Anne style.
10. 541 Bryant Street14 is recommended for placement on the HRI as a Category 2 resource,
under local Criteria 2, 5, and 6. Built in 1946, it is significant as an early example of a
professional office building in downtown Palo Alto at a time when such buildings were rare, and
as an early and successful example of the courtyard office building in Palo Alto that
demonstrates Midcentury Modern design. In addition, the building is a good example in the
career of Leslie I. Nichols, demonstrating his transition to Modern styles in the post -World War
II period.
11.437 Kipling Street15 is recommended for placement on the HRI as a Category 2 resource,
under local Criteria 1, 2 and 4 (The structure or site is connected with a business or use which
was once common but is now rare). Built in 1902 with a period of significance 1902-1947, it is
significant for its use as a boarding house with a converted dress shop on the first floor. It is also
a unique building type that combines stylistic elements of Queen Anne, Foursquare, and
Colonial Revival.
12. 1275 Dana Avenue16 is recommended for placement on the HRI as a Category 1 resource,
under local Criteria 5 and 6. Built in 1935 with a period of significance 1935-1936, it is
significant for its unique architectural design, high integrity and retention of character, and as
the work of important local architects and builders W.F. Klay and H.H. Dabinett. It is also
significant as the residence of San Francisco architect Charles H. Sawyer, who designed an
addition in 1936 and occupied the residence through 1950.
13. 832 Kipling Street17 is recommended for placement on the HRI as a Category 2 resource
under local Criterion 2. Built in 1893, it is significant as a distinctive and stately example of the
Queen Anne style.
14 Link to nomination form and evaluation: https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-
development-services/historic-preservation/historic-inventory/bryantstreet 541.pdf
15 Link to nomination form and evaluation https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-
development-services/historic-preservation/historic-inventory/kiplingst 437.pdf
16 Link to nomination memo and evaluation for 1275 Dana:
https://www.citvofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/danaave 1275.pdf
17 Link to nomination memo and evaluation for 832 Kipling:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/historic-
preservation/historic-inventory/kiplingst 832.pdf
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The following City properties were reviewed by staff from Administrative Services, Community
Services, and Utilities prior to the HRB nominations hearings; staff did not identify any
impediments to City operations or uses:
1. NW of Palo Alto Avenue & Hale Street (Cistern and Pump House): recommended for
placement on the HRI as a Category 2 resourcel8 under local Criteria 1 and 2. Built in 1924, it is
an important part of the Palo Alto municipal water system that was developed from wells
beginning in 1887. The subject building is significant as one of only two remaining early Palo
Alto decorated utility structures and as an important part of the Palo Alto municipal water
system that was developed from well sources beginning in 1887. The Cistern and Pump House
also represents an important Northern California building typology that emerged from the City
Beautiful Movement. It was designed to express pride in civic and public infrastructure.
2. 201 Alma Street (the water tower property): recommended for placement on the HRI as a
Category 1 resourcel9 under local Criterion 1, Criterion 4 (The structure or site is connected
with a business or use which was once common but is now rare) and Criterion 5. Built in 1910
with a period of significance 1910-1962, it is significant as a distinctive example of a decorated
municipal building that embodies the design principles of the City Beautiful movement. It is an
early example of reinforced concrete construction and is significant for its design by important
local builder Maurice Couchot. It also is associated with early municipal water retention
planning in Palo Alto.
When Council recently reviewed a park dedication ordinance for this site, Council recommended
staff endeavor to place the site on the National Register of Historic Places; staff estimates the
cost for consultant assistance on the task would be approximately $16,000. Additionally, staff is
targeting the May 9 HRB meeting to enable a discussion with CSD staff about naming the park
after an important person associated with Palo Alto Utilities, Fred Eyerly.
3. 2601 East Bayshore Road (The Federal Telegraph Company — Marsh Station): recommended
for placement on the HRI as a Category 1 resource20, under local Criteria 1, 4, and 5. Built in
1921 and with a period of significance 1921- 1977, the former Federal Telegraph Company —
Marsh Station is significant for its remarkable contributions to the field of radio
communications that impacted the field nationally and were significant to the American war
18 Link to HRE for pump and cistern https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-
development-services/historic-preservation/historic-inventory/cistern-and-pump-house.pdf
19 Link to HRE for Water Tower site https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-
development-services/historic-preservation/historic-inventory/aImast 201.pdf
20 Link to HRE for ITT site: https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-
services/historic-preservation/historic-inventory/EastBayshoreRoad 2601.pdf
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effort in World War II. The company, which was originally founded in 1909 in Palo Alto as the
Poulsen Wireless Telephone & Telegraph Company, was a pioneer in continuous wave
transmission and long-distance transmission. Marsh Station was the hub of all West Coast wired
communication (telegraph and telephone, and later ship -to -shore radio transmission) when it
was completed in 1921, and led the world in how many channels of communication could be
used simultaneously. While alterations have been made to the property with the removal of
several structures, the site's significant association with national communication history remain
legible through the presence of its main surviving building within the vast open marshland and
the various concrete anchorage blocks that remain scattered throughout the site and once
supported a 626 -foot -tall radio tower (present from 1921-1960).
The HRB discussed this nomination on January 25, 2024. The question is whether listing on the
local inventory helps create opportunities for its reuse, so that if it is demolished in the future
there is some plan to do interpretive work preserving and highlighting the history conveyed on
the site so that the public could understand the significance of the site.
POLICY IMPLICATIONS
Nominating properties for listing on a historic inventory can be controversial for any
jurisdiction. While historic resources do benefit from certain zoning and building code
incentives, it may not be as meaningful for homeowners who have already improved or simply
plan to maintain their homes.21
Communities that have an incentive program that reduces property taxes in exchange for the
preservation and maintenance of designated historic resources, such as a Mills Act program,
are likely to see more voluntary requests for listing. Reduced property taxes, however, in places
like Palo Alto with high property values, may also impact revenue to the Palo Alto Unified
School District. The HRB has long championed a Mills Act program for Palo Alto. The City has
only one Mills Act contract but has not expanded this program. Expansion would require
direction from the Council and would need to be balanced to other Council and department
priority objectives.
Communities that preserve historic resources create a sense of place and identity and can
foster community pride as it celebrates its connection to the past. Robust preservation efforts
can support economic development and support environmental sustainability through
rehabilitation and reduced waste from construction.
21 Preservation incentives webpage: https://www.cityofpaloalto.org/Departments/Planning-Development-
Services/Historic-Preservation/Preservation-Incentives
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FISCAL/RESOURCE IMPACT
There is no significant fiscal or resource impact associated with the recommendation in this
report; all expenses have been previously accounted for in the department budget.
STAKEHOLDER ENGAGEMENT
The City maintained a project website; provided certified mailing to property owners with
eligible historic resources; held a community meeting in April and again in October 2023
followed by several evening public hearings before the HRB. Notice of this hearing was
published in the Daily Post on April 12, 2024, at least ten days in advance of the meeting.
NEXT STEPS
Based on the recommendation in this report, staff would continue to engage property owners
whose properties are eligible for listing but who have not affirmatively expressed an interest in
listing for the next two months. Afterwards, if there are any additional properties identified for
listing, staff would advance that to the Council on the consent calendar.
For properties that are listed as part of the Council's action, they would have six months to
reconsider and request their property not be listed on the inventory. After that time period,
properties would be included in the inventory.
As an alternative to the recommendation in this report, the Council could decide to direct staff to
return with a record of land use action to nominate all 63 properties recommended by the HRB.
If so directed, staff recommends rescheduling the item for a future public hearing.
ENVIRONMENTAL REVIEW
Historic designation of properties is not a project under the California Environmental Quality Act
(CEQA) and CEQA Guidelines per Section 21065. Court cases have established that historic
resources do not need to be on a register to be protected under the California Environmental
Quality Act (CEQA) when a discretionary permit or approval is required. CEQA may, therefore,
require reviewing a project for potential historic status even if it is not on the local historic
inventory. This means that the City's Historic Ordinance, local inventory, and procedures alone
will not make clear the requirements that a property may be subject to, especially pursuant to
CEQA.
ATTACHMENTS
Attachment A: Record of Land Use Action with Exhibit for April 22 2024 Inventory Update
Attachment B: List of 147 Properties Eligible for HRI in the 2023 Survey Report (one property is
already listed on the local HRI)
Attachment C: List of 14 Properties Removed from Eligibility in Survey Report
APPROVED BY: Jonathan Lait, Planning and Development Services Director
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ATTACHMENT A
ACTION NO. ------2024
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO'S LAND USE ACTION (1) RECEIVING THE
RECOMMENDATION OF THE HISTORIC RESOURCES BOARD AND (2) PLACING 16 PROPERTIES
ON THE LOCAL HISTORIC RESOURCES INVENTORY WHOSE OWNERS POSITIVELY AFFIRMED
INVENTORY PLACEMENT
On April 22, 2024, the Council reviewed the recommendations of the Historic
Resources Board and staff regarding the placement of properties previously deemed eligible for
listing on the National Register of Historic Places and California Register of Historical Resources,
and approved the placement of the properties, for which no objections were received from the
property owners, on City's Historic Resources Inventory, making the following findings,
determination, and declarations:
SECTION 1. Background. The City Council of the City of Palo Alto ("City Council") finds,
determines, and declares as follows:
A. In 2022, the City Council directed the City to obtain consultant assistance (ID # 14189) and
the City's consultant, Page and Turnbull, conducted the 2023 Historic Reconnaissance
Survey, finding 147 properties still extant with integrity and eligible for listing on the local
historic resources inventory.
B. The Historic Resources Board (HRB) conducted four public hearings to consider the
eligible properties identified in the survey, on November 9 and December 14, 2023, and
January 11 and January 25, 2024; the HRB received the staff reports and conducted
public hearings where public comments were provided, and staff and the HRB received
many property owners' written and oral objections regarding the recommendations.
C. Staff held many conversations with property owners, but most owners objected without
having conversations or attending the hearings. During and after the HRB hearings, staff
tallied the properties for which no objections had been received.
D. For the April 22, 2024 Council action, staff recommends Council place the properties on
the local Historic Resources Inventory properties whose owners have positively affirmed
the listing previously (unless they object during or prior to the City Council meeting);
staff is seeking alternative methods to certified mailings to reach out again to all 'non -
objections' properties requesting they contact staff prior to the April 22, 2024 meeting
to affirm the local inventory listing.
The City of Palo Alto Comprehensive Plan Program L7.1.1 states: "Update and maintain
the City's Historic Resource Inventory to include historic resources that are eligible for
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local, State, or federal listing. Historic resources may consist of a single building or
structure or a district."
F. The City of Palo Alto Comprehensive Plan Program L-7.2 states: Policy L-7.2 states "If a
proposed project would substantially affect the exterior of a potential historic resource
that has not been evaluated for inclusion into the City's Historic Resources Inventory,
City staff shall consider whether it is eligible for inclusion in State or federal registers
prior to the issuance of a demolition or alterations permit. Minor exterior improvements
that do not affect the architectural integrity of potentially historic buildings shall be
exempt from consideration. Examples of minor improvements may include repair or
replacement of features in kind, or other changes that do not alter character -defining
features of the building."
G. The City of Palo Alto is a Certified Local Government with the obligation to maintain a
system for the survey and inventory of local historic resources; the City of Palo Alto has
conducted three surveys and also prepares individual historic resource evaluations on a
case -by -case basis (when demolition is proposed or in response to property owner
request) to determine whether these are historic resources subject to the California
Environmental Quality Act.
SECTION 2. Environmental Review. Maintenance of the historic designation of
properties or reclassification of a historic designation of a property is not a project under the
California Environmental Quality Act (CEQA) and CEQA Guidelines per Section 21065.
SECTION 3. Designation Findings.
A. The following criteria, as specified in Municipal Code Section 16.49.040 (b), have been
used as criteria for designating historic structures/sites to the historic inventory:
(1) The structure or site is identified with the lives of historic people or with important
events in the city, state or nation;
(2) The structure or site is particularly representative of an architectural style or way
of life important to the city, state or nation;
(3) The structure or site is an example of a type of building which was once common,
but is now rare;
(4) The structure or site is connected with a business or use which was once common,
but is now rare;
(5) The architect or building was important;
(6) The structure or site contains elements demonstrating outstanding attention to
architectural design, detail, materials or craftsmanship.
B. Municipal Code Section 16.49.020 (b) provides definitions for the local historic resources
inventory categories:
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Category 1: "Exceptional building" means any building or group of buildings of preeminent
national or state importance, meritorious work of the best architects or an outstanding
example of the stylistic development of architecture in the United States. An exceptional
building has had either no exterior modifications or such minor ones that the overall
appearance of the building is in its original character.
Category 2: "Major building" means any building or group of buildings of major regional
importance, meritorious works of the best architects or an outstanding example of an
architectural style or the stylistic development of architecture in the state or region. A major
building may have some exterior modifications, but the original character is retained.
Category 3 or 4: "Contributing building" means any building or group of buildings which are
good local examples of architectural styles and which relate to the character of a neighborhood
grouping in scale, materials, proportion or other factors. A contributing building may have had
extensive or permanent changes made to the original design, such as inappropriate additions,
extensive removal of architectural details, or wooden facades resurfaced in asbestos or stucco.
C. Designation of historic structures/sites is covered under section 16.49.040 of Chapter
16.49: Procedure for Designation of Historic Structures/Sites or Districts. Any individual or
group may propose designation as a historic structure/site or district. Such proposals shall
be reviewed by the historic resources board, which will make its recommendation to the
council. Designation of a historic structure/site or district must be approved by the city
council. The procedure for such designation is as follows:
(a) The historic resources board shall recommend to the city council approval, disapproval
or modification of an application for designation.
(b) The city council may approve, disapprove or modify a recommendation for designation
and, in any case where an application for a planning or building permit is pending
concurrently with the proposal for designation, such decision shall be made within
thirty days of the recommendation, if any, of the historic resources board.
(c) After approval of the designation of a structure/site or district, the city clerk shall send
to the owners of the property so designated, by mail, a letter outlining the basis for
such designation and the regulations which result from such designation. Notice of this
designation shall also be filed in the building department and the department of
planning and development services files.
SECTION 5. Placement on Local Historic Resources Inventory Approved. The City
Council approves the placement of the following properties whose owners have affirmed
acceptance with placement on the City's Historic Resources Inventory:
1. 731 Emerson Street as a Category 2 resource, under local Criteria 2 and 5
2. 243-245 Webster Street as a Category 2 resource, under local Criterion 2
3. 330 Cowper Street as a Category 2 resource, under local Criterion 1
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4. 541 E Crescent Drive as a Category 2 resource, under local Criteria 2, 5, and 6
5. 421 California Avenue as a Category 2 resource, under local Criteria 2 and 5
6. 1401 Edgewood Drive as a Category 2 resource, under local Criteria 1, 2, and 5
7. 1474 Edgewood Drive as a Category 2 resource, under local Criteria 2 and 5
8. 2340 Tasso Street as a Category 2 resource, under local Criteria 2 and 5
9. 311 El Carmelo Avenue as a Category 2 resource, under local Criterion 2
10. 541 Bryant Street as a Category 2 resource, under local Criteria 2, 5, and 6
11. 437 Kipling Street as a Category 2 resource, under local Criteria 1, 2, and 4
12. 1275 Dana Avenue as a Category 1 resource, under local Criteria 5 and 6
13. 832 Kipling Street as a Category 2 resource, under local Criterion 2
14. NW of Palo Alto Avenue & Hale Street (Cistern and Pump House) as a Category 2 resource
under local Criteria 1 and 2
15. 201 Alma Street (water tower site) as a Category 1 resource under local Criteria 1, 4, and 5
16. 2601 East Bayshore Road (The Federal Telegraph Company— Marsh Station) as a Category 1
resource under Criteria 1, 4, and 5.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Planning and
Development Services
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Item 12
Attachment B - 147
Properties Eligible for HRI
n the 2023 Survey Repor
Attachment B
147 Eligible Properties Listed in Survey Report
The below list shows the addresses of 147 properties previously found eligible for the National
and State historic registers, that the City's consultant found eligible for listing on the City's local
historic inventory. Included in this list published in the survey report are properties for which
objections were received and for which no objections were received.
Addtass
1590 Callhxnla Avenue
555 Ceram DrNe
471 Channing A4tnue
659 Channing Owenue
751 ChannIrr M.enue
545 Chador Sven[
538 Churchill A4e 1U5
380 Cakrldgt Abend
418 Cakrldge Menu
509 {akrldge Jwtnuc
537 {akrldge Jwtnuc
570 ialetldge Avtnut
643 {a1Yg Minui
855 {alkgt enut
2035 CaLrmbla 5utet
2115 Camall sift[
2177 Camall sift[
253 {awplr Lint[
330 Cawpar LrIE
820 curplr sift[
904 Carper sir[
1535 Cawper Swain
I E30 Caa,per Save[
1965 CuJ,per Suet[
2005 C"hper Svei[
2190 Casper :3f[
2135 Casper Sven[
50 Crean[ Dr7.e
75 Creston[ Dr?,o
1275 Dana Anwm e
2601 EE "Short Ras]
541 E Crrners DrW
1481 Edgrsaad Dri.t
1451 Edgriaad Dr9.t
1474 Edgriaad Dr9.t
1485 Edgrsoad or DrFra
2171 El {ammo Real
311 D{arrerbuvenue
AddMss
Embaroadcro kwd
213 Errar c.1 5r,11
731 Errkrm 5r,s 1
945-349 Emerson Slrae[
1315 Emrersan 5rtor
1464 Emuson 5r,-
483 irt[[ Awenut
332 Funs[ Aw Am
446 Fdrs[ A4erruw
555 Form[ A4wue
939 Farts[ A4wue
1001 Fuhnn5ueeti
1011 Fuhrn5uett
1736Fulr b5uiat
365 Guirda 50 -lit
381 Guinda505u
551-555 Wle 5rrett
132 FLVNIrcn Avenue
755 lI rllmn Awnue
855 Kwilmn Aanue
9.35 FLuNlDm Awnue
951 Harrilom krtne
373 Harrilom krene
835 Harrilom krene
1407 Harrihnn Aatnue
1423 Havihon Avenue
1452 Havihon Avenue
2131 Harvard Scree[
355 FLmchorne Avenur.
375 Harchorn■ Awnrr
544 Flarchornt Awnrr
317 Hgh 5[rtac
323 ligh 5crtac
334 ligh 5cmec
42 Filth 5cretc
260 Horner M-enue
469 HOraor Haman
680 Horner Avenue
759 Horner M-enue
I Ad&4&5 I
175 IS UI 3 DrAi
230 9 Iaga Akvrrtt
270 9 Ia} Akvrrtt
360 KWIog�Akvrd4
559 K'rsJeVAverrl5
437 KGIInG Serve[
HI? Kping Smmc
875E 1Ing Scree[
832 Krling San[
630 uncdn Axwrut
419 Ma k 9[rexc
218 MOtlIe9dld Rd
980 MOdle9tldRaad
1990 F4tci l Elan]
Va a MPA5 l
43E P.WoAJE A%- nut
1357 Fork Eaukyard
340 Partage A, erv.rc
211 QJarey Raad
245 Ramonagstt[
435 Sins Rlra Axbr[ut
558 Sinr. Rlra Akerr.rt
1247 Scr55rd A nun
2340 rasa 5ue5t
311 WavtdeVSrratt
313 Wavtde f 51,051
334 Wavtr1 Srra1r
333 Waveday 5151
385 Yrrred ay 51,i su
720 Y1h'edcV Sum
8-15 Y�rrcrl Sum
947 YGwdlK Saint
959 YWrdeK Sven
19464Aave.1 Scree
251 Wtta[nr nicer
530 54kbacnr 9rrcer
619 Webr[nr 9rrcer
1335 4JCG[ re r S[ fee[
1345 YJSG[rer Scree[
23B0 YJ. urS[rtt[
2140 Yak 5rr t
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Item 12
Attachment C - 14
Properties Removed from
ligibility in Survey Repor
Attachment C
Survey Report - Properties Removed
The City's consultant found 14 properties have been demolished, and three were found to have
been altered enough to result in a loss of historic integrity and are thus no longer eligible
historic resources. Three properties were not awarded a final evaluation due to either ongoing
construction or damage. The properties identified as demolished, altered, or for which no
evaluation was made, are noted in the consultant report.
TABLE 1: PREVIOUSLY IDENTIFIED PROPERTIES THAT HAVE SINCE BEEN DEMOLISHED
Address
APN
Use
Year Identified
802-804 Bryant Street
[not listed]
Residential
2001
806 Bryant Street
[not listed]
Residential
2001
840 Bryant Street
120-28-109
Residential
2001
846 Bryant Street
120-28-109
Residential
2001
1382 California Avenue
137-05-025
Residential
2001
560 Chaucer Street
003-05-016
Residential
2001
660 Coleridge Avenue
124-02-010
Residential
2001
1157 Hamilton Avenue
003-07-025
Residential
2001
778 Melville Avenue
003-44-016
Residential
2001
943 Scott Street
120-17-113
Residential
2001
1935 Webster Street
124-03-072
Residential
2001
488W Charleston Road
132-46-072
Residential
2001
788 San Antonio Road*
147-03-041
Commercial
2020
1027 Waverley Street
120-18-027
Residential
2018
^Demolition has been opproved and is pending
TABLE 2; PROPERTIES THAT HAVE LOST INTEGRITY THROUGH ALTERATIONS
Address
APN
Use
NOM
Year
Identified
1032 College
137-03-031
Residential
Significant changes and material replaternent
2001
Avenue
[lave changed the character of the building.
669 Everett
120-02-017
Residential
Second floor addition and significant material
2001
Avenue
replacement that removed distinctive
vernacular elements.
925 Roble
137-17-026
Residential
Lack of visibility from public right-of-way; aerial
2001
Ridge Road
photographs and permits show that residence
has been altered through multiple additions.
TABLE 3: PROPERTIES WHERE NO DETERMINATION WAS MADE REGARDING INTEGRIT'�
Address
Al
Year
Identified
321 California Avenue
124-33-001 Commercial
Ongoing construction
2001
1082 College Avenue
137-03036 Residential
Ongoing construction
2001
211 Middlefield Road
003-01-035 Residential
Building damaged by fallen tree in
2023 during winter storms'
2001
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Item 13
Item 13 Staff Report
City Council
Staff Report
From: City Manager
CITY O F Report Type: INFORMATION REPORTS
PALO Lead Department: Public Works
ALTO Meeting Date: April 22, 2024
Report #:2308-1956
TITLE
Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status — Not
a Project
RECOMMENDATION
This report is provided for information only and requires no Council action.
EXECUTIVE SUMMARY
The City Council and Palo Alto community can be proud of the City's capital improvement
program (CIP). The CIP represents major investments in infrastructure functionality and
sustainability, funded largely through the 2014 Council Infrastructure Plan as well as utility rates
and various other sources. The 2024-2028 five-year CIP totaled $1.2 billion for 209 projects
as reviewed by the Council in its adoption of the FY 2024 Capital Budget. Since July 2016, the
City of Palo Alto has completed 96 individual community -serving projects totaling over $353
million in improvements. A summary of all completed CIP projects is provided at the end of
Attachment A.
The CIP also represents a major effort for much of the City workforce. The following table
summarizes the status of all projects for the six-month period of July to December 2023.
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Capital Improvement Fund
Recurring
CIP
One Time CIP
Pre -Design
Design
Procurement
Construction
Completed
Buildings and Facilities
10
3
15
0
7
0
Parks and Open Space
9
2
12
0
2
0
Streets and Sidewalks
8
0
3
0
0
0
Traffic and Transportation
5
1
6
2
2
0
Airport
0
0
3
2
1
0
Electric
9
3
10
0
4
0
Fiber Optics
2
0
2
0
0
0
Gas
4
0
1
0
1
0
Stormwater Management
2
0
3
0
3
0
Water
7
1
1
0
3
0
Wastewater Collection
4
0
0
0
1
0
Wastewater Treatment
1
1
4
0
4
0
Subtotals
61
11
60
4
28
0
Total
164
BACKGROUND
This report provides Council with an update on the status of capital improvement program (CIP)
projects, with detailed and useful information for the Council and public regarding general fund
and enterprise fund projects that appear on Council agendas and will be visible throughout the
community. The report does not include Internal Service Funds projects (Information
Technology and Vehicle).
ANALYSIS
Project Update Organization
The City of Palo Alto has a robust capital improvement program, and many individual projects
are in progress at any given time. The 2024-2028 five-year CIP totaled $1.2 billion for 209
projects as reviewed by the Council as part of the adoption of the FY 2024 Capital Budget. The
attached CIP project tables are intended to provide Council with a quick overview of each
project, including budgetary information, the anticipated completion date, a brief description of
the project scope, the status of the project, and upcoming activities including Council actions.
Also included in the report is a list of all completed projects since the introduction of the
Infrastructure Management System.
Major/Significant Projects Summary
The 2014 Council Infrastructure Plan is a major focus of staff's capital improvement program
efforts and ties to several 2024 City Council Priorities and related objectives. The following table
details the Total Project Budget and Total Actual Expenses through February 26, 2024, for the
Infrastructure Plan projects.
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Council
CIP
Total Project
Total Actual
Budget
Expenses*
Infrastructure
Number
Project Update
Plan Projects
New Public Safety
PE -15001
Construction is underway with completion
$118,137,997
$105,703,406
Building
expected in spring 2024.
This project funds the Bicycle and Pedestrian
Transportation Plan Update, which has
kicked off recently and is slated to take
approximately 18 months to complete. This
project also funds the implementation of
various bicycle and pedestrian projects.
Bicycle and
Currently, one of the projects is the
Pedestrian
Embarcadero Road Improvements Project
Transportation
PL -04010
(from Emerson to High Street), which
$15,293,904
$9,679,699
Implementation
provides improvements on both the north
Plan
and south sides of Embarcadero Rd., from
Emerson to High Street. Improvements
include intersection improvements at
Emerson and Kingsley; landscaping, new
pedestrian level lighting; and bicycle and
pedestrian enhancements. Final Design is
currently being completed, and the project
will be ready to bid for construction in 2024.
Council directed staff to look at the feasibility
of partnering with a private entity to develop
new parking using downtown in -lieu parking
fees in conjunction with housing or other
uses, including the use of City surface lots or
privately held parcels. A Request for
New Downtown
PE -15007
Information was issued in December 2022
$7,488,918
$1,440,311
Parking Garage
and staff reviewed proposals and held
interviews in May 2023. Council gave
direction to staff in December 2023 to
advance the project in conjunction with
advancement of affordable housing in the
Downtown area.
New California
Avenue Area
PE -18000
Completed
$50,213,486
$49,411,201
Parking Garage
Charleston
Phase 1 & 2 improvements are complete.
Arastradero
PE -13011
Phase 3 construction is underway with
$20,788,951
$20,112,144
Corridor Project
completion expected spring 2024.
Fire Station 3
PE -15003
Completed
$10,588,654
$10,588,654
Replacement
Highway 101
Pedestrian/Bicycle
PE -11011
Completed
$23,718,769
$23,718,769
Overpass Project
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Received Architectural Review Board
Fire Station 4
approval in October. Council approved a
Replacement
PE -18004
construction management contract in
$15,329,846
$1,003,046
December 2023 and 90% construction
documents are expected in early 2024.
Byxbee Park
PE -18006
On hold pending completion of Baylands
$3,699,189
$368,192
Completion
Comprehensive Conservation Plan.
Downtown
Council approved a design build contract in
Automated
PL 15002
May 2023. Design for the four garages
$5,197,833
$1,141,499
Parking Guidance
started in summer 2023 and construction is
Systems
expected to be completed in fall 2024.
The last phases of the Charleston/Arastradero Corridor project and the Public Safety Building
project are expected to be completed in spring 2024. Current Infrastructure Plan project
schedules can be found at https://www.infrastructure.cityofpaloalto.org/
Key considerations for the information presented in the project update tables include:
• Project status information is current as of December 2023.
• The individual project tables align with the Capital Improvement Fund categories in the
Fiscal Year 2024-2028 capital budget: Buildings and Facilities, Parks and Open Space,
Streets and Sidewalks, and Traffic and Transportation.
• Enterprise Fund projects follow the order of their respective Fund in the capital budget.
• Department Technology Upgrades and Improvements projects and Cubberley Property
Infrastructure Fund projects are included in the Buildings and Facilities table.
• Additional project information is available in the Fiscal Year 2024-2028 capital budget.
• Each project table is divided into a section for one-time projects and a section for
recurring projects that have ongoing annual funding.
• Budgetary figures include staff oversight costs for projects to which staff costs have
been allocated.
• The table of completed projects, provides a summary of all CIP projects completed since
the Biannual CIP updates to council began in 2016. The data is sorted from most recent
to oldest.
Completed Projects
There were no completed one-time projects in the first half of Fiscal Year 2024 (July through
December 2023).
One-time projects do not include the significant amount of annual work completed
under ongoing recurring projects, such as streets and sidewalks repairs, parking lot
maintenance, roofing replacements, and regular maintenance of Utilities assets.
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One -Time Projects Under Construction
The twenty-eight projects that are currently underway include the following:
Capital Improvement Fund (general fund):
• Boulware Park Improvements (PE -17005)
• Cameron Park Improvements (PG -14002)
• Charleston-Arastradero Corridor Project (PE -13011)
• Churchill Avenue/Alma Street Railroad Crossing Safety Improvements (PL -20000)
• City Facilities Assessment and Record Plan Management System (PE -20002)
• Civic Center Fire Life Safety Upgrades (PE -18016)
• Civic Center Waterproofing Study and Repairs (PE -15020)
• Homekey Facilities (PE -24005)
• JMZ Renovation (AC -18001)
• New Public Safety Building (PE -15001)
• Roth Building Rehabilitation Phase 1 (PF-23001)
Airport Fund
• Airport Layout Plan (AP -21000)
Electric Fund
• Inter Substation Line Protection Relay (EL -17005)
• Foothills Rebuild Fire Mitigation (EL -21001)
• Smart Grid Technology Installation (EL -11014)
• Substation Physical Security (EL -16003)
Gas Fund
• Gas Main Replacement Project 24 (GS -14003)
Stormwater Management Fund
• East Meadow Drive System Upgrades (SD -22000)
• East Meadow Circle Connection to Adobe Creek Pump Station (SD -26000)
• Trash Capture Device Installation (SD -22002)
Wastewater Collection Fund
• Wastewater Collection System Rehabilitation Augmentation Project 31 (WC -19001)
Wastewater Treatment Fund
• Joint Intercepting Sewer Rehabilitation (Phase 1) (WQ-24000)
• Plant Master Plan (WQ-10001)
• Primary Sedimentation Tank Rehabilitation (WQ-14003)
• Secondary Treatment Upgrades (WQ-19001)
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Water Fund
• Water Main Replacement Project 29(WS-15002)
• Water Regulation Station Improvements (WS -07000)
• Water Tank Seismic System Upgrades (WS -09000)
As described above for completed projects, the list of projects under construction does not
include work currently being conducted under recurring CIP projects.
Below are some photos of projects under construction:
New Public Safety Building (PE -15001)
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Public Safety Building Update
The Public Safety Building project made significant progress in the first half of Fiscal Year 2024.
Exterior brick, tile, and plaster are almost completed. Permanent power to the building
switchgear was completed in September 2023. The communications monopole was installed in
October 2023. The roofing was completed. The Tier 4 emergency generator has been installed.
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Utility tie-ins have been completed. Sitework is in progress on Park Boulevard, Birch Street,
Jacaranda Lane, and Sherman Avenue. Interior build out and mechanical, electrical, and
plumbing systems are almost complete. Painting and interior finishes installation have begun.
The photovoltaic panel system has been completed. The photovoltaic panel system serving the
PSB is located on the roof of the 350 Sherman Avenue Garage. As of December 2023,
construction is 94% complete and 82% of the project's construction contingency has been used.
Staff continues to coordinate with the City Auditor, Baker Tilly, on the Public Safety Building
Construction Audit by providing project documents on a monthly basis. Additionally, a cross -
departmental staff team is meeting monthly to review and coordinate construction of the
Public Safety Building and other projects in the California Avenue area, with a goal of
communicating and mitigating the impacts.
Capital Improvements of Note Implemented by Other Agencies
El Camino Real:
El Camino Real (State Highway 82) is maintained by Caltrans. Pavement Condition Index scores
for El Camino Real are significantly lower than the average for Palo Alto streets. Staff has been
communicating with Caltrans about the upcoming plans to repave El Camino Real from the
Mountain View to Menlo Park borders. Currently, this work is planned to start in late 2024.
Related work to address ADA updates/shoulder and sidewalk work at different points along El
Camino Real is underway with temporary parking and shoulder closures in effect.
Caltrain Electrification:
Caltrain is on schedule to provide all -electric train service between San Jose Diridon and San
Francisco stations in fall 2024. All foundations, poles, and wires have been installed along the
51 -mile corridor and crews are currently testing the infrastructure and trains. Six of the eventual
23 trainsets are currently on Caltrain property, three of which have completed a thousand miles
of testing along the Caltrain corridor. The entirety of the new fleet must meet all safety and
quality standards prior to the launch of electrified service in Fall 2024. Testing of the trains in
the Palo Alto city limits is expected to begin in March 2024. Caltrain work continues requiring
partial lane closures of Alma Street to vehicle, bicycle, and pedestrian traffic. The temporary
lane closures are required due to trenching and construction equipment and crews entering and
exiting the Caltrain right-of-way along Alma Street.
FISCAL/RESOURCE IMPACT
Funding for the projects discussed in this report was appropriated in the Fiscal Year 2024
Adopted Capital Budget and reviewed for the 2024-2028 Five -Year CIP.
STAKEHOLDER ENGAGEMENT
This report was coordinated with internal City staff in the Administrative Services, Community
Services, Office of Transportation, Public Works, and Utilities Departments. Stakeholder
engagement is conducted separately for each project.
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Item 13
Item 13 Staff Report
ENVIRONMENTAL REVIEW
This report is exempt from the California Environmental Quality Act (CEQA) as it is an
informational report to Council. CEQA compliance is reviewed separately for each capital
project.
ATTACHMENTS
Attachment A: CIP Project Status Updates and Completed Projects List
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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ATTACHMENT A
Semiannual Update on the Status of Capital Improvement Program Projects
(This page is a summary outline of Attachment A)
Capital Improvement Fund CIP Projects
❖ Buildings and Facilities Projects
❖ Parks and Open Space Projects
❖ Streets and Sidewalks Projects
❖ Traffic and Transportation Projects
Enterprise Fund CIP Projects
Airport Projects
❖ Electric Projects
❖ Fiber Optics Projects
❖ Gas Projects
❖ Stormwater Management Projects
❖ Wastewater Collection Projects
❖ Wastewater Treatment Projects
Water Projects
List of Completed Projects
Item 13
Attachment A - CIP Project Status
Updates and Completed Projects Lis
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Buildings and Facilities Projects
One -Time Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
Animal Shelter
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Renovation
$2,920,943
$5,981,221
Public Works
Design
TBD
(PE -19002)
Project Status: This project installs interim facility improvements to the Animal Shelter that accompany the
agreement for operation of the shelter by Pets In Need approved by City Council in November 2018. The medical
area upgrades and the modular office building are complete. The new kennel addition has been submitted for
building permit. Project was placed on hold following receipt of Pets In Need's letter providing one-year
notification of termination of the agreement between Pets In Need and the City. Public Works and Community
Service Department staff are reviewing the project while negotiations continue on a new agreement. Project
completion is undetermined because the project definition is dependent on the approval of a new agreement
between the City and Pets In Need.
Baylands Boardwalk
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Piling Repair
$0
$276,461
Public Works
Design
Winter 2025
(PE -24000)
Project Status: This project provides funding for the identification and implementation of a long-term solution to
damage caused by aquatic borers to The Lucy Evans Baylands Interpretive Center's boardwalk. The project
permitting and design are in progress. The piling repair project requires permits from the San Francisco Bay
Regional Water Quality Control Board, Bay Conservation and Development Commission, United States Fish and
Wildlife Services, and United States Army Corps of Engineers. Due to the biological restrictions, project
construction will occur outside of the Ridgeway's rail nesting season between September 1, 2024 and January 31,
2025
City Facilities
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Assessment and
$177,071
$333,134
Public Works
Construction
Summer 2024
Record Plan
Project Status: The Kitchell Report in 2008 summarized the last City-wide facility condition assessment. A new
facility condition assessment is warranted per the City's APWA reaccreditation requirements. All City facilities will
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Status Updates and Completed Projects Lis
Management
be assessed to bring current the "catch-up" and "keep up" costs. In addition, an electrification assessment will be
System
included to help the City reach its sustainability goals for 2030. Council awarded the contract in April 2022. All City
(PE -20002)
facilities have been assessed for the Condition and Electrification assessments. The data is currently being
evaluated in the new Capital Predictor software to generate reports detailing the current "catch-up" and "keep
up" costs, while staff continues to evaluate the draft reports. A detailed list of buildings for electrification is being
analyzed to determine prioritization for replacements. An Electronic Records Management System will be
implemented through TE-13004. This project will compile all sources of building documents into a singular
repository. The cooperative agreement for this project will begin in spring 2024.
City Hall Space
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Planning
$45,701
$650,907
Public Works
Design
Summer 2025
(PE -19000)
Project Status: This project involves space planning to determine future workgroup space needs and programming
for the City Hall office building focused primarily on the areas that will be vacated once the new Public Safety
Building is complete and occupied. The project will include preliminary design of the space following the initial
feasibility phase. A Request for Proposals (REP) is being drafted and is expected to be released in summer 2024.
Civic Center
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Electrical Upgrade
$554,045
$2,141,929
Public Works
Design
Spring 2025
& EV Charger
Project Status: This project installed EV chargers in existing downtown garages and will replace the aging Civic
Installation
Center electrical switchgear and motor control centers. EV charger construction at the Civic Center, Bryant Street
(PE -17010)
garage and Webster Street garage was completed in December 2021. A contract was awarded in June 2021 for
the design of the Civic Center switchgear replacement and is currently at the 90 percent design stage. Lead times
on switch gear are now taking 12 months, so the project completion date has been extended. The structural
analysis design of the switchgear area and its permit set will be completed in January 2024.
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Status Updates and Completed Projects Lis
Civic Center Fire
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Life Safety
$478,938
$1,031,443
Public Works
Construction
Spring 2024
Upgrades
(PE -18016)
Project Status: This project will assess, update, and replace the Civic Center fire alarm system. The fire life safety
system is approaching the end of its useful life. The fire alarm panel and associated equipment need an upgrade
to meet current code requirements. The award of a design -build contract was approved by Council in June 2021.
Construction in the main tower areas is nearly complete. The ground floor and the garage levels are yet to be
completed. The project completion date has been extended to April 30, 2024.
Civic Center
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Waterproofing
$769,908
$1,153,021
Public Works
Construction
Summer 2025
Study and Repairs
Project Status: This project includes a condition assessment of the Civic Center plaza deck structural system. In
(PE -15020)
2016, RDH Building Science, Inc. determined that the expansion joint on the plaza could be repaired and that
replacing the waterproof coatings on the inside of the plaza perimeter planter boxes was needed. Repair of the
waterproofing joint in front of City Hall was completed in winter 2023. Staff will start procurement for a design
contract in summer 2024 focused on the repair of the perimeter planter boxes.
Cubberley Gym
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
HVAC Replacement
$0
$809,297
Public Works
Design
Fall 2024
(CB -24000)
Project Status: The existing heating system in Cubberley Gyms A & B is original to the building, which was
constructed in the mid -1950s. The system is currently not functioning because multiple leaks have developed in
the steel hot water piping, which is in the walls and under the floor. These leaks contributed (in addition to a
domestic water main supply leak) to significant water damage in the walls, floors, and crawl spaces of the gyms.
Asbestos and mold were remediated from the under -floor crawl space. All the old heating units and piping were
removed from the ceilings in both gyms. The next step is to hire a consultant to create design drawings for a new
heating system. Due to staff workload constraints, design will begin in early FY 2025.
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Status Updates and Completed Projects Lis
Electrification of
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
City Facilities
$
$1,017,599
Public Works
Pre -Design
Fall 2030
(PE -24001)
Project Status: This project will evaluate feasibility, prepare designs, and implement construction for the
electrification of fossil fuel consuming building systems in coordination with the Building Systems Improvements
project (PF-01003). The City Facility Electrification assessment report will act as a workplan to implement the
electrification of City facilities.
Fire Station 4
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Replacement
$683,253
$15,329,842
Public Works
Design
Winter 2026
(PE -18004)
Project Status: This project will replace Fire Station #4 at the corner of Middlefield Road and East Meadow Drive.
The design consultant has completed design development and received Planning approval for the project in
November 2023. A construction management contract was awarded in December 2023. Architect will submit for
building permit review in spring 2024.
Fire Training Facility
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Replacement
$0
$55,293
Fire Department
Pre -Design
Summer 2026
(FD -24000)
Project Status: This project will identify an appropriate site and construct a new fire training facility in Palo Alto.
This will be the first City -owned and City -maintained permanent fire training facility, and it will allow training to
be conducted within City limits and therefore reduce the downtime associated with the need for staff to travel for
training and when responding to calls.
Homekey Facilities
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
(PE -24005)
$0
$4,500,000
Public Works
Construction
Spring 2025
Project Status: This project involves relocating the City of Palo Alto (City) GreenWaste facility from its current site
on one portion of 1237 San Antonio Road to the rear portion of the same site as a result of adding the Homekey
Palo Alto interim housing. Homekey Palo Alto will be operated by LifeMoves who will provide intensive,
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Status Updates and Completed Projects Lis
customized case management for clients including counseling, employment and housing search services with the
goal of paving a dignified path to self-sufficiency. Construction began in October 2023.
JMZ Renovation
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
(AC -18001)
$3,618,438
$4,966,603
Community Services
Construction
Spring 2024
Project Status: This project provides for the temporary relocation of the Junior Museum and Zoo and the
construction of a new facility and exhibits. The California Dinosaur Garden exhibit, which is partially funded
by a reimbursable federal grant, was opened with a special ribbon cutting ceremony in October 2023. Funds
associated with the grant are expended against the project until reimbursements are made. All work is
expected to be completed in FY 2024.
Library Automated
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Material Handling
$166,947
$1,085,100
Library
Design
Spring 2024
LB -21000
Project Status: This project is to provide the design and construction of three new Automated Material Handling
(AMH) Systems for the College Terrace, Children's, and Downtown Libraries. Due to space constraints and limited
functionality, only the Children's Library installation will be proceeding. AMH systems efficiently sort returned
library materials based on the Radio Frequency Identification Devices (RFID) on the materials. Project design is
complete, and construction is waiting on permit issuance. Construction is estimated to start in May 2024.
Lucie Stern
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Community Theater
$0
$2,756,854
Public Works
Pre -Design
Fall 2026
Mechanical
Project Status: This project will upgrade and replace the Heating Ventilation and Air Conditioning (HVAC) system
Equipment
at the Lucie Stern Community Theatre. As a first step, the project will include a detailed feasibility study to
Replacement
determine if natural gas -powered equipment in the facility can be electrified.
(PE -24002)
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Lucie Stern
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Community Theater
$0
$221,169
Community Services
Design
Fall 2024
Fire Curtain
Project Status: This project will replace the fire curtain and its associated rigging at the Lucie Stern Community
(AC -24001)
Theatre.
Lucie Stern
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Community Theater
$0
$116,113
Community Services
Design
Summer 2024
Stage
Project Status: This project will refurbish the most heavily used components of the stage rigging system at the
Rigging System
Lucie Stern Community Theatre. The scope of work is currently under review by the department.
Refurbishment
(AC -24000)
Lucie Stern
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Community Theater
$0
$372,252
Public Works
Design
Fall 2024
Theatrical
Project Status: This project will upgrade and replace lighting systems at the Lucie Stern Community Theatre for
and House Lighting
back -stage work areas, the performance stage, and audience areas. The project team is in the process
System
of contracting with a consultant to prepare biding documents for a design -build procurement.
Replacement
(PE -24003)
Mitchell Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Library Repair
$0
$250,000
Public Works
Design
Summer 2024
(PE -24006)
Project Status: This project will design and repair the damage caused by a vehicular accident in January 2023. A
vehicle ran into the north wall of the Mitchell Park Library near the center of the building. The car impacted an
area of the stone cladding on cold -formed steel studs, causing the cladding to fall from the wall and the wall to
bulge into the building's interior. Architectural and structural survey and reports were completed. The stone
cladding wall will require replacement, but the structural steel frame was not damaged. A consultant will provide
a proposal to replace the stone cladding wall.
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Municipal Service
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Center Lighting,
$1,149,073
$8,786,825
Public Works
Design
Fall 2024
Mechanical, and
Project Status: This project replaces original mechanical, electrical, and lighting systems installed in 1966. It also
Electrical
includes design and construction for office renovations for the Zero Waste group. The design is 100% complete
Improvements
and corrections will be submitted to Building Department in January 2024.
(PF-16006)
New Downtown
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Parking Garage
$1,440,311
$7,488,904
Public Works
Design
TBD
(PE -15007)
Project Status: This project was intended to provide a new parking structure in the University Avenue commercial
area at existing Parking Lot D at the corner of Hamilton Avenue and Waverley Street. As part of the FY 2021 budget
strategy, all Capital Improvement Fund funding has been removed and only the downtown parking in -lieu fee
funding remains for this project. In December 2021, Council directed staff to look at the feasibility of partnering
with a private entity to develop new parking using downtown in -lieu parking fees in conjunction with housing or
other uses, including the use of City surface lots or privately held parcels. A Request for Information was issued in
December 2022 and staff reviewed proposals and held interviews in May 2023. Council gave direction to staff in
December 2023 to advance the project in conjunction with advancement of affordable housing in the Downtown
area.
New Public Safety
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Building
$105,703,406
$ 118,137,971
Public Works
Construction
Summer 2024
(PE -15001)
Project Status: This project will provide a new, modern Public Safety Building (PSB) that will meet essential services
standards and the current and future needs of the public safety departments. The PSB and new garage in the
California Avenue business district are now an integrated project and both are part of the 2014 Council
Infrastructure Plan. Construction on the PSB started in March 2021 and will continue into summer 2024. Exterior
brick, tile, and plaster are almost completed. Permanent power was completed in September 2023. The
communications monopole was installed in October 2023.The roofing was completed. The Tier 4 emergency
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generator has been installed. Utility tie-ins have been completed. Sitework is in progress on Park Boulevard, Birch
Street, Jacaranda Lane, and Sherman Avenue. Interior build out and mechanical, electrical, and plumbing systems
are almost complete. Painting and interior finishes installation have begun. The radio antenna contract was
awarded in March 2023. Contracts for communication systems, furniture, fixtures, and equipment were awarded
in June 2023. The photovoltaic panel system has been completed. The photovoltaic panel system serving the PSB
is located on the roof of the 350 Sherman Avenue Garage.
Performing Arts
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Venues Seat
$438,343
$1,247,566
Community Services
Design
Summer 2024
Replacement
Project Status: This project will replace all the seats in the Community and Children's Theatres. Staff hired a
(AC -18000)
consultant to design the seat replacements and ADA upgrades for the Children's Theater's portion of the project.
Additional funding was added for FY 2023 to address the Community Theater portion. The Children's Theater
seats replacement was completed in November 2022. A contract for the design of the Community Theater was
issued in June 2023. Construction is scheduled to take place during summer 2024. Plans have been submitted for
plan check and permit approval.
Rinconada Pool
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Family Changing
$0
$1,544,303
Public Works
Design
Spring 2025
Room
Project Status: The project will construct a gender -neutral restroom and family changing facility that is compliant
(PE -24004)
with the Americans With Disabilities Act (ADA) at the Rinconada Pool. The facility will include two separate rooms,
each consisting of a toilet, sink, shower, and child/adult changing station. The facility will provide community
members who have special needs, and individuals who require privacy, an accessible space for changing and
personal hygiene. A design contract is currently being prepared.
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Roth Building
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Rehabilitation
$7,797
$11,848,825
Public Works
Construction
Fall 2024
Phase 1
Project Status: This project provides funding for Phase 1 of the rehabilitation and build -out of the Roth Building
(PF-23001)
facility. Phase I will make the building suitable for occupancy, also known as a "warm shell." Phase II of the
rehabilitation includes the interior build -out of the museum and exhibits, readying the facility to welcome visitors,
and will be funded by the Palo Alto History Museum (PAHM). A Tenant Work Letter was approved by Council in
April 2023 and construction is underway including underground utilities, roof, demolition, and abatement.
Recurring Projects
Americans With
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Disabilities Act
$1,342
$884,677
Public Works
N/A
Recurring
Compliance
(PF-93009)
Project Status: This project provides accessibility upgrades to City facilities and equipment. It includes continued
funding for improvements such as path of travel, restrooms, drinking fountains, and counters. An updated ADA
Transition Plan was adopted by Council in June 2021. Staff is waiting to solicit for new software that will allow staff
to identify and log new barriers, track grievances from the public, and update the ADA Transition Plan Report.
Building Systems
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Improvements
$735,097
$932,317
Public Works
N/A
Recurring
(PF-01003)
Project Status: This project provides electrical, mechanical, plumbing, structural, and security upgrades for City
facilities.
City Facility
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Parking Lot
$28,800
$385,941
Public Works
N/A
Recurring
Maintenance
(PE -09003)
Project Status: This project repairs, resurfaces, or reconstructs parking lots and walkways at various City facilities,
including restriping and signage. Work for this project will be included in the FY 2024 Overlay Project, which is
Buildings and Facilities Projects — Page 9 of 11
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Status Updates and Completed Projects Lis
anticipated to be awarded in March. The work includes resurfacing of Hopkins and Newell Tennis Courts Parking
Lot and Foothills Nature Preserve Water Tower Lots 1 & 2.
Cubberley Repairs
Prior Years Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
(CB -17001)
$7,302
$201,107
Public Works
N/A
Recurring
Project Status: This project is for general maintenance needs of the Cubberley campus. The project to remediate
the asbestos and mold in the crawl space of Gyms A & B was completed at the end of November 2023.. . The
project to remediate the lead base paint and then paint the ceilings and walls is underway and will be done by the
end of January 2024.
Cubberley Roof
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Replacements
$553,008
$2,835,922
Public Works
N/A
Recurring
(CB -16002)
Project Status: This project replaces existing roofs at Cubberley Community Center. Currently in design and pre
bid stage are the Cubberley Pavilion Flat Roof, Ti & T2 Wings, & U -Wing roofs scheduled for replacement in the
second half of FY 2024.
Electric Charger
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Infrastructure
$0
$307,519
Public Works
N/A
Recurring
Installation
Project Status: This project designs and installs electric vehicle chargers at various City facilities. The primary use
(PF-23000)
of the electric vehicle chargers will be for City fleet vehicles. The design to install six new chargers on Level C of the
City Hall parking garage is underway. A new charger was installed next to the Cubberley Wing -V. Two new chargers
were installed at MSC -B.
Facility Interior
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Finishes
$5,172
$735,167
Public Works
N/A
Recurring
Replacement
Project Status: This project improves the interior finishes of City facilities, including flooring, walls, cabinets, paint,
(PF-02022)
lighting, ceiling tiles, soundproofing, and fixed office furniture, doors, windows, and associated fire/life safety,
Buildings and Facilities Projects — Page 10 of 11
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Status Updates and Completed Projects Lis
mechanical, electrical and plumbing code compliance requirements. Design of modifications to the Revenue
Collections office area on Level G has restarted and is anticipated to be in construction in spring 2024. New carpet
is being selected for the Children's Library.
Police Video
Prior Years Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Recording Systems
$106,395
$132,700
Police Department
N/A
Recurring
Replacement
Project Status: This project maintains the Palo Alto Police Department video recording systems used to record
(PD -20000)
events in the field with up to five in -car cameras as well as body -worn cameras (BWC). In -car units were added to
new vehicles as they came into service in FY 2023. An RFP will be issued in summer 2024 for a solution that has
mobile video for vehicles, body -worn cameras, and interview room systems. The program will seek to include all
detention facilities in the Public Safety Building which is expected to come online in summer 2024. The Purchasing
Department received six RFP submissions. The Police Department will conduct vendor demonstrations from the
top three vendors in January 2024.
Roofing
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Replacement
$288,268
$2,022,410
Public Works
N/A
Recurring
(PF-00006)
Project Status: This project replaces existing roofs at City facilities that have outlived their useful lifespans. The
Animal Shelter roof recoating has been delayed due to roof modifications required for the proposed kennel
remodel. Staff is working on the design for the Peers Park Field House roof replacement.
The Lucie Stern Community Center reroofing project is complete.
University Avenue
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Parking
$31,299
$149,318
Public Works
N/A
Recurring
Improvements
Project Status: This project maintains parking lots and parking structures within the University Avenue Downtown
(PF-14003)
Business Parking District.
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Parks and Open Space Projects
One -Time Projects
Item 13
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Baylands
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Comprehensive
$386,401
434,059
Community Services
Design
Spring 2025
Conservation
Project Status: This project provides funding for a conservation plan that will examine the native vegetation, wildlife
Plan
habitat resources, and wildlife -appropriate public access for the entire Baylands, including Byxbee Park. This plan will
(PG -17000)
provide needed information on best areas to maintain wildlife habitat and appropriate areas to develop trails or other
recreation amenities; provide a design overlay for appropriate types and locations of public art in the Baylands; and
design an interpretive messaging throughout the Baylands. The plan seeks to optimize opportunities for low impact
recreation ensuring that these are compatible with the Baylands Master Plan direction for a passive park and nature
preserve. The Conservation Plan will also provide input to the Byxbee Park Completion project.
Baylands
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Nature Preserve
$0
$132,701
Community Services
Design
Summer 2024
Entrance Gate
Project Status: This project will install a new automated gate at the Baylands Nature Preserve main entrance. The
(OS -24000)
existing gate is manually opened and closed by staff each day for public access. The scope of work includes an electrical
transformer, trenching, wiring, and gate automation equipment. The design work encompasses sourcing for
appropriate equipment and an electrical feed in the open space area.
Boulware Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Improvements
$823,665
$6,261,627
Public Works
Construction
Fall 2024
(PE -17005)
Project Status: This park renovation project was initially planned in FY 2018 but was postponed due to project priorities
and potential purchase of the adjacent AT&T lot located at 3350 Birch Street. In fall 2019, the lot was purchased by
the City. In response to the purchase, the City utilized the funding for the initial renovation project for preliminary
design and outreach for both the existing park and the newly purchased park land. A Park Improvement Ordinance for
the improvements was adopted by the City Council in October 2021. A construction contract was awarded in June
2023 and the project construction began in August 2023 and is anticipated to be completed by fall 2024.
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Byxbee Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Completion
$368,192
$3,699,189
Public Works
Pre -Design
Summer 2026
(PE -18006)
Project Status: This project allows for the remaining improvements to Byxbee Park that follow the completion of the
landfill capping work. The Baylands Comprehensive Conservation Plan (BCCP), which is currently undergoing CEQA
analysis, will include recommendations on the scope of the Byxbee Park project. The BCCP and the conceptual plan for
Byxbee Park need additional outreach and review. The project has been moved to FY 2025 due to staffing constraints
and pending the Baylands Comprehensive Conservation Plan.
Cameron Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Improvements
$165,670
$538,898
Community Services
Construction
Summer 2024
(PG 14002)
Project Status: This project upgrades and renovates safety and accessibility features at Cameron Park with a primary
focus on the park playground. A park improvement ordinance was approved by Council in February 2021. Bids were
opened in June 2023. The construction contract was awarded by Council in September 2023 with anticipated
completion in summer 2024.
Cubberley Field
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Restroom
$347,845
$1,398,526
Public Works
Design
Summer 2024
(CB -17002)
Project Status: This project will install a new restroom in the sports field area of the Cubberley Community Center.
Design for the project started in fall 2018 along with public outreach. Staff assessed the feasibility of on -site utilities
connection and reviewed design and specifications of a prefabricated restroom building to incorporate in the final
design for ARB review. Staff conducted outreach meetings and coordination for the potential location of the proposed
restroom. In June 2023, Council approved a purchase order with the Public Restroom Company for a four -stall
prefabricated restroom building. The Public Restroom Company is the process of obtaining the state of California
approval of the building design. The project design, bid package, and a building permit will be completed by early 2024.
The project is anticipated to go out to bid in spring 2024 for site preparation and for restroom installation in summer
2024.
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El Camino Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Turf
$0
$931,121
Community Services
Design
Spring 2024
Replacement
Project Status: The project will replace the synthetic turf at the El Camino Park playing field. Staff is currently working
(PG -24000)
with a design consultant for preparation of bid documents.
Foothills Nature
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Preserve
$0
$255,427
Public Works
Design
Fall 2024
Boronda Lake
Project Status: This project replaces an aged and deteriorating Boronda Lake Dock located in the Foothills Nature
Dock
Preserve. Design for a similar replacement dock is anticipated to be completed in spring 2024 with construction in
Replacement
fall 2024 after bird nesting season.
(OS -18000)
Foothills Nature
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Preserve Dam
$24,779
$88,591
Public Works
Pre -design
Spring 2024
Seepage
Project Status: This project will study a location of historic seepage from the Foothills Nature Preserve Dam at the
Investigation
sharp bend in the road on the face of the dam. The seepage is very minor, but it appears to be slowly worsening. The
and Repairs
source of the seepage is suspected to be the trench backfill around the pipe that returns shallow groundwater to
(PE -20000)
Boronda Lake. This project will locate and investigate the pipe and trench backfill material. Staff continues to monitor
and investigate the seepage per the Department of Water Resources inspections and recommendations. Staff
completed camera inspections of the underdrain pipes to identify potential obstructions and leakage issues. Depending
on the ongoing investigation, an engineered solution may be required.
Foothills Nature
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Preserve
$698,223
$3,632,918
Public Works
Design
Summer 2026
Improvements
Project Status: This project will repair the bridge to Sunfish Island and complete design and permitting to replace the
(PE -21000)
footbridge in Los Trancos Valley, replace the grade control structures along Buckeye Creek, provide new split rail
fencing to protect sensitive areas, new pedestrian pathways to keep park visitors safe while walking along the park
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road, and improvements to some of the existing parking areas to make them safer and more efficient. Staff completed
a concept plan design and initiated the minor Architectural Review Board process. Staff is proceeding with an REP to
hire a consultant for the detailed design and bid package preparation. Additionally, a design for the repair of Sunfish
Island bridge has been completed with repair work slated for spring 2024.
Golf Course Net
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
and Artificial
$0
$932,167
Community Services
Design
Summer 2025
Turf
Project Status: This project will remove and replace the golf course driving range netting and synthetic turf. This project
Replacement
is being delayed as additional ball retention needs are being assessed throughout the golf course and development of
(PG -18000)
a potential long term partnership with the First Tee of Silicon Valley for driving range and practice facility improvements
is under consideration along with changes to the layout of the driving range.
Golf
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Reconfiguration
$14,026,970
$14,584,775
Public Works
Design
Winter 2029
and Baylands
Project Status: This project provides funding for the renovation of the Municipal Golf Course in accordance with the
Athletic Center
Council approved conceptual plan. The project includes less turf, raising the elevation of the course with imported soil,
Improvements
replacement of the irrigation and drainage systems and space for athletic fields. The project will also fund five years of
(PG -13003)
required environmental monitoring of the golf course and staff are in communication with State regulatory agencies
to comply with the requirement.
Peers Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Improvements
$0
$293,050
Community Services
Design
Summer 2025
(PG -14001)
Project Status: This project will upgrade and renovate the irrigation system and turf at Peers Park. The project will also
repair playground surfacing, replace dog park surfacing, and upgrade drinking fountains.
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Ramos Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Improvements
$256,586
$935,037
Community Services
Design
Summer 2025
(PG -14000)
Project Status: This project includes safety and accessibility improvements at Ramos Park. The work includes replacing
the existing park playground, benches, drinking fountains, and resurfacing the basketball court playing surface. This
project was previously bid but did not move forward at that time. The Ramos Park project will now be bundled with
Robles Park Improvements and is anticipated for bid solicitation in spring 2024.
Rinconada Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Improvements
$5,010,174
$9,979,716
Public Works
Design
Spring 2024
(PE -08001)
Project Status: This project provides upgrades to safety, site amenities, playground facilities, a new restroom, irrigation,
drainage, and ADA accessibility improvements at Rinconada Park. These improvements were identified in the
Rinconada Long Range Plan (LRP). Phase 1 park improvements to the western half of the park were completed in spring
2022. A new restroom that was removed from the Phase 1 park improvements in FY 2022 is currently in design. In April
2023, Council approved a purchase order with the Public Restroom Company for a two -stall prefabricated restroom
building. Staff completed design and obtained a building permit for site work and restroom. The restroom fabrication
is in progress and installation is anticipated in FY 2024. On December 18, 2023, Council awarded a construction contract
for restroom site work. According to the LRP, future improvement phases will include improvements to the eastern
half of the park by FY 2028 including pathway improvements, ADA upgrades, planting, irrigation, lighting, and site
furnishings.
Robles Park
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Improvements
$46,570
$507,817
Public Works
Design
Summer 2025
(PE -18015)
Project Status: This project will replace play equipment and resurface two children's playground areas; repair a and
replace perimeter fencing, pathways and other site amenities. A community meeting was held in September 2023 with
an additional community meeting anticipated for 2024. Construction work is anticipated to occur in summer 2024.
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Recurring Projects
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Art in Public
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Spaces
$246,702
$1,704,337
Community Services
N/A
Recurring
(AC -86017)
Project Status: This project provides the ongoing temporary and permanent artworks throughout the City. The FY
2024 budget supported seven installations for the Code: ART festival downtown and three new murals in the
California Avenue district. Projects in process include the ongoing King Artist -in -Residence including temporary
artwork for King Plaza, artwork for Boulware Park, permanent artworks at the Public Safety Building, artwork at Fire
Station 4, and implementation of the California Avenue Public Art Plan.
Athletic Courts
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Resurfacing
$88,701
$525,348
Community Services
N/A
Recurring
(PG -06001)
Project Status: This project repairs and resurfaces athletic courts in various Palo Alto parks. The resurfacing of the
Johnson Park basketball court was completed in February 2023. Staff is currently working with a design consultant
for preparation of bid documents for the reconfiguration and resurfacing of the Greer Park basketball courts.
Benches, Signage,
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Walkways,
$150,643
$440,938
Community Services
N/A
Recurring
Perimeter
Project Status: This project restores and replaces existing benches, signage, fencing, walkways, and landscaping at
Landscaping
various City facilities. The Lytton Plaza fountain improvement project was completed in fall 2023. A consultant
(PG -06003)
completed parking analysis forthe Greer Park Skatepark in December 2023. A design consultant was hired to prepare
park directory signage for Mitchell Park with an estimated completion of winter 2024.
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
$31,256
$1325,671
Community Services
N/A
Recurring
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Dog Park
Project Status: This project enables construction of dog parks at various City parks and facilities for constructing
Installation and
new or renovating existing dog parks. A new dog park will be added with the Boulware Park expansion project for
Renovation
which construction started in summer 2023. Council approved a Park Improvement Ordinance in September 2022
(PG -18001)
for expansion of the Mitchell Park Dog Park. The solicitation of construction bids is anticipated in winter 2024.
Off -Road Pathway
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Resurfacing and
$2,742
$267,876
Public Works
N/A
Recurring
Repair
Project Status: This project resurfaces failing and broken pathways within the City. Pathways are chosen based on
(OS -09001)
inspections and resident requests. This project included discussion of the conceptual repair design and permitting
approach with the relevant regulatory agencies that would allow for repairs to the existing Baylands Boardwalk
pilings. A permitting strategy was determined to proceed with the repairs.
Open Space Lakes
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
and Pond
$35,931
$91,855
Community Services
N/A
Recurring
Maintenance
Project Status: This project rehabilitates lakes and ponds in open space nature preserves to protect wildlife habitat
(OS -00002)
and recreational safety and to meet State Division of Safety of Dams requirements. Year three of a three-year
maintenance contract is in place for removal of aquatic vegetation in Boronda Lake. The biannual vegetation removal
from the lake was completed in fall 2023.
Open Space Trails
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
and Amenities
$311,663
$276,462
Community Services
N/A
Recurring
(OS -00001)
Project Status: This project restores unpaved trails, fences, picnic areas, and campgrounds at Foothills, Baylands,
and Pearson-Arastradero Nature Preserves. Work performed in summer 2023 work included the grading of dirt fire
roads and repair to drainage systems.
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Parks and Open
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Space Emergency
$367,541
$367,187
Community Services
N/A
Recurring
Repairs
Project Status: This project replaces or repairs playgrounds, play yard surfaces, wooden structures, park amenities,
(PG -09002)
and play equipment in the event of storms, fire, vandalism, or structural failure. In fall 2023, the Mitchell Park net
climber was repaired with a replacement net.
Park Restroom
Prior Years Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Installation
$6143,533
$893,846
Community Services
N/A
Recurring
(PG -19000)
Project Status: This project installs new restrooms at City parks that currently do not have restroom facilities. The
restrooms may be prefabricated. City Council approved a Park Improvement Ordinance for Ramos Park. In April
2023, Council approved a purchase order with the Public Restroom Company for a two -stall prefabricated restroom
building. Staff completed design and obtained a building permit for site work and restroom. The restroom fabrication
is in progress and installation is anticipated in FY 2024. On December 18, 2023, Council awarded a construction
contract for restroom site work.
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Streets and Sidewalks Projects
One -Time Projects
Item 13
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California Avenue
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
District Gateway
$26,943
$150,321
Public Works
Design
Summer 2025
Signs
Project Status: This project includes the design and replacement of two existing gateway signs for the California
(PE -17004)
Avenue business district. Initial public outreach was completed in winter 2021. The California Avenue District
Gateway Signs project is in the next phase of improvements following the California Avenue Streetscape update and
near term improvements.
Newell Road
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
San
$2,803,014
$19,838,852
Public Works
Design
Spring 2026
Francisquito
Project Status: This project removes and replaces the Newell Road bridge over San Francisquito Creek with a clear
Creek Bridge
span to allow the channel to convey up to the natural capacity of the San Francisquito Creek, approximately 7,500
Replacement
cubic feet per second, and to improve safety for vehicular, bicycle, and pedestrian traffic. The project is being closely
(PE -12011)
coordinated with the City of East Palo Alto, Valley Water, and San Francisquito Creek Joint Powers Authority (SFCJPA).
The 100% design set was completed in February 2023. Specifications and construction cost estimate were submitted
to the City in March 2023. With the revised cost estimate on hand, staff submitted a request to Caltrans for additional
construction funding. The request also includes additional funding for right-of-way support and engineering design.
The right-of-way appraisal and acquisition work started in January 2023. Staff and consultants are working with the
individual property owners to secure permanent and temporary easements by February 2024. Staff is working with
SFCJPA staff and their consultant on securing regulatory permits for the project by spring 2024. Right-of-way
acquisition and permitting is anticipated to be completed by winter 2024, with bidding of the project in spring 2024
and construction to start in summer 2024.
Street Lights
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Condition
$8,799
$276,384
Public Works
Design
Fall 2025
Assessment
Project Status: This project will assess the condition of the City's streetlight system. The assessment will include an
(PE -13014)
inventory of the entire lighting system, including age and condition of conduit, wiring, street light poles, foundations,
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luminaires, and lighting coverage. The project will also determine the inspection, maintenance, repair, and
rehabilitation necessary to prolong the life of the City's streetlight system. This project has been moved to FY 2025
due to staffing constraints.
City Bridge
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Improvements
$210
$786,919
Public Works
N/A
Recurring
(PE -20001)
Project Status: This project includes bridge inspections, maintenance, repair, and an improvement program over the
next five years. This program will include on -going inspections to report physical changes to the structures,
recommendations for work to be done, and additional information to meet functional and structural standards in
accordance with industry standards. Staff hired an on -call structural engineering firm to assist with the bridge
inspection and repair program. Staff completed design and bidding for repairs of six bridges identified for repairs in
winter 2023. Due to the lack of competitive bids, staff plans to rebid the project in December 2023 to begin the repair
work in spring 2024.
Curb and Gutter
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Repairs
$123,607
$241,020
Public Works
N/A
Recurring
(PO -12001)
Project Status: This project repairs curbs and gutters uplifted by tree roots. Funding for FY 2023 has been carried
over into FY 2024 for a larger curb and gutter repairs project. The project will focus on Downtown North and University
South neighborhoods (Palo Alto Avenue to Embarcadero Road and Alma Street to Middlefield Road) in addition to
addressing hot spot locations from 311 requests. Project bidding is anticipated early 2024 with construction to start
summer 2024.
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
$96,686
$119,374
Public Works
N/A
Recurring
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San Francisquito
Project Status: This project provides funding for studies and completion of the design for the San Francisquito Creek
Creek Joint
Joint Powers Authority (JPA) upstream project including channel widening and Continuing Authority Program Section
Powers
205 (CAP 205) study. The project design is temporarily on hold due to the recent significant storm events and flooding
Authority
that occurred on December 31, 2022. The JPA and Valley Water are re-evaluating the creek capacity and hydraulic
Ongoing Creek
limitations of the channel to determine how to proceed with the design.
Projects
(PE -22000)
Sidewalk Repairs
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
(PO -89003)
$1,100,469
$2,515,608
Public Works
N/A
Recurring
Project Status: This project repairs and replaces broken and uplifted sidewalks. The program completed all twenty-
three sidewalk districts in 2017, a 30 -year (1986-2017) sidewalk repair district cycle. Council approved a sidewalk
assessment contract in November 2017 to evaluate the sidewalk program and assess potential improvements to the
current district -based program. Funding for FY 2023 has been carried over into FY 2024 for a larger sidewalk project.
The Project will focus on Downtown North and University South neighborhoods (Palo Alto Avenue to Embarcadero
Road and Alma Street to Middlefield Road). Project bidding is anticipated early 2024 with construction to start
summer 2024.
Sign Reflectivity
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Upgrade
$1,963
$81,330
Public Works
N/A
Recurring
(PO -11000)
Project Status: This project includes the annual inventorying, upgrading and maintaining of all traffic signs. A list of
signs not meeting the minimum requirement is derived from MUTCD approved Nighttime Visual Inspection surveys.
Due to staffing constraints, there were no signs identified for reflectivity replacement in the first half of FY 2024.
Street Lights
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Improvements
$314,447
$512,047
Public Works
N/A
Recurring
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(PO -05054)
Project Status: This project replaces streetlights, including poles, pole foundations, luminaires and wiring as needed
to restore or improve street lighting. In the first half of FY 2024, there were 13 knockdown locations with seven
completed repairs and four in progress. Additionally, a project located in the Midtown neighborhood completed 16
pole foundation replacements and repainting of 131 streetlight poles was completed in September 2023.
Street
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Maintenance
$2,789,013
$7,126,112
Public Works
N/A
Recurring
(PE -86070)
Project Status: This project includes the annual resurfacing, micro -seal, crack seal, and reconstruction of various city
streets. This project funds the street maintenance work that supports Council's adopted goal of achieving a citywide
average pavement condition index (PCI) score of 85, representing very good or excellent conditions. The FY 2023
Street Resurfacing Project was completed in summer 2023. The FY 2024 Street Resurfacing Project went out to bid
in December 2023. The project will replace 10,149 square feet of sidewalk, 3,371 square feet of driveway, and 2,280
linear feet of curb and gutter, construct thirty-seven new ADA curb ramps, and place 9,844 tons of AC overlay on the
streets of Palo Alto. This will help maintain and improve the City's Pavement Condition Index (PCI) beyond its average
of 84 and will address many streets whose PCI scores fall below the City's minimum goal of 60. The FY 2024 Streets
Preventive Maintenance Project will go out to bid early 2024. The project will include micro -surfacing of sixteen lane -
miles of streets.
Thermoplastic
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Lane Marking
$0
$235,939
Public Works
N/A
Recurring
and Striping
Project Status: This project maintains the thermoplastic markings on roadways. Thermoplastic lane marking and
(PO -11001)
striping is incorporated into annual Pavement Preventive Maintenance Projects. No new thermoplastic markings and
striping were installed during the first half of FY 2024.
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Traffic and Transportation Projects
One -Time Projects
Item 13
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California Avenue
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Streetscape
$13,882
$121,584
Office of Transportation
Design
Fall 2024
Update
Project Status: The project provides funding for interim changes to the street, and for preliminary community
(PL -23000)
engagement to help inform an upcoming Request for Proposals in summer 2023 to procure a consultant for an
Alternatives Analysis study of different street configurations and design options. Council approved a consultant
contract at the December 18, 2023 meeting and the consultant's work will begin in January 2024. Staff will also
continue implementing improvements and activations on the streets through 2024, including more family games,
more public art, new barriers, and continual partnerships for music and mini -golf.
Charleston
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Arastradero
$19,973,800
$20,788,951
Public Works
Construction
Winter 2024
Corridor Project
Project Status: This project is part of the 2014 Council Infrastructure Plan. It will reconfigure the Charleston
(PE -13011)
Arastradero Corridor to provide new landscaped median islands, bulb outs, enhanced bike lanes, traffic signal
improvements, and new street trees to complement the new lane configurations that were approved for
permanent retention. Phase 1 (Arastradero Road between Foothill Expressway to Clemo Avenue) and Phase 2
(Charleston Road from Alma Street to Middlefield Road) were completed in 2020. Phase 3 (Arastradero Road from
Los Palos Avenue to El Camino Real, Charleston Road from El Camino Real to Alma Street and from Middlefield
Road to San Antonio Road) was approved by Council in June 2021. Construction of Phase 3 is currently paused in
coordination with Utilities' Sanitary Sewer Replacement 31 Project and Caltrans' traffic control requirements.
Remaining construction activities include paving operations at the El Camino Real intersection and signal
switchover at the Wilkie Way and West Charleston Road intersection. Construction is anticipated to be completed
by early 2024.
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
$387,453
$3,789,671
Office of Transportation
Design
Winter 2025
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Churchill Avenue
Project Status: This project includes planning, design and construction of a shared -use path along the north side of
Enhanced
Churchill Avenue between the existing shared -use path at Castilleja Avenue and the Stanford Perimeter Trail. It also
Bikeway
includes intersection improvements at Churchill Avenue and El Camino Real, which will include a new dedicated
(PL -14000)
westbound right -turn lane. PAUSD approved the easements required for the project in August 2023. Staff is working
to resolve additional comments received from Caltrain for re -issuance of the encroachment permit. The project is
anticipated to bid in early 2024 and the construction is anticipated to be completed by winter 2025.
Churchill Avenue
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Rail Grade
$0
$196,086,259
Office of Transportation
Design
Spring 2029
Separation and
Project Status: This project provides for the planning, design, and construction of the grade separation at the existing
Safety
at -grade crossing on Churchill Avenue in the Caltrain Rail Corridor. The project will provide improvements to
Improvements
accommodate bicycles, pedestrians, and vehicular movement at the crossing. In 2021, the City Council selected
Main
partial underpass as the preferred alternative, with closure as a backup alternative. Following feedback from key
(PL -24001)
stakeholders, staff refined the partial underpass alternative and conducted a preliminary geotechnical study to
assess subsurface conditions, as directed by the Council. These updated and additional studies were concluded in
October 2023. Additionally, the Rail Committee directed staff to conduct further evaluation to align with the
Council's recently adopted Alternative Evaluation Criteria. Staff is collaborating with the project consultant to carry
out additional studies for this update. The City is also in discussions with Caltrain to address comments received on
the conceptual alternatives. Furthermore, the City was granted two awards; $6.0 million from Federal Railroad
Administration for conducting Preliminary Engineering and Environmental Studies at the three crossings of Churchill
Avenue, Meadow Drive, and Charleston Road, and $23.79 million from California State Transportation Agency for
final design at this location. Staff is actively working with granting agencies to execute the necessary agreements
and seeking additional funding from other grant programs.
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Churchill Avenue
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Alma Street
Railroad Crossing
$339,907
$9,690,252
Office of Transportation
Construction
Spring 2024
Safety
Project Status: This project is a railroad crossing improvement project to enhance safety at the intersection of
Improvements
Churchill Avenue and Alma Street. Design includes traffic signal modifications, street lighting improvements,
(PL -20000)
roadway resurfacing, sidewalk realignment and/or widening, drainage improvements, utility relocations, signage,
and striping. Staff is coordinating with Caltrain, Caltrans, and California Public Utilities Commission (CPUC). CPUC
approved General Order 88-B for the project in November 2022 and authorized the City to move forward with
construction. Council approved the construction contract in June 2023. Construction started in July 2023 and will be
completed in spring 2024.
Downtown
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Automated
$437,918
$5,197,828
Office of Transportation
Design
Fall 2024
Parking
Project Status: This project includes design and installation of new downtown parking guidance systems, access
Guidance
controls, and revenue collection equipment that will be coordinated with both the Downtown Parking Wayfinding,
Systems, Access
PL -15004 project and the 2016 Downtown Parking Management. Staff contracted with Dixon Resources for
Controls &
additional management support in design and procurement for the system installation in the Downtown garages on
Revenue
University Avenue. The Downtown Automated Parking Guidance Systems design -build construction contract was
Collection
approved by Council in May 2023. Design is in progress and construction is expected to be completed in fall 2024.
Equipment
(PL -15002)
Emergency
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Vehicle Traffic
$486,422
$683,522
Fire Department
Procurement
Winter 2024
Signal
Project Status: This project will purchase and implement an emergency vehicle preemption system pilot project.
Preemption
The system will integrate with the City's current traffic signal management system and with the City's computer -
System Pilot
aided emergency response dispatch system to provide safer and quicker response times for emergency vehicles.
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(PL -19000)
This project is a pilot on 25 intersections. The traffic signal controls software was updated in spring 2020. An RFP
process for a new CAD system will be conducted in FY 2024. The RFP requirements will include the ability to connect
to the Trafficware Signal controls. This project is being sunsetted.
Meadow
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Drive/Charleston
$0
$396,395,198
Office of Transportation
Design
Spring 2028
Road Rail Grade
Project Status: This project provides for the planning, design, and construction of the grade separations at the
Separation and
existing at grade crossings on Meadow Drive and Charleston Road in the Caltrain Rail Corridor. The project will
Safety
provide improvements to accommodate bicycles, pedestrians, and vehicular movement at the crossings. In 2021,
Improvements
the City Council narrowed the alternatives under consideration at these locations to trench, hybrid, and underpass.
(PL -24000)
Currently, the Rail Committee is reviewing these alternatives to further narrow and select the preferred alternative
(s) for recommendation to the City Council. Following feedback from key stakeholders, City staff refined the
underpass alternatives and conducted a preliminary geotechnical study to assess subsurface conditions, as directed
by the Council. These updated and additional studies were concluded in October 2023. Additionally, the Rail
Committee directed staff to conduct further evaluation to align with the Council's recently adopted Alternative
Evaluation Criteria. Staff is collaborating with the project consultant to carry out additional studies for this update.
The City is also in discussions with Caltrain to address comments received on the conceptual alternatives.
Furthermore, the City was granted $6.0 million from Federal Railroad Administration for conducting Preliminary
Engineering and Environmental Studies at three crossings of Churchill Avenue, Meadow Drive, and Charleston Road.
Staff is actively working with granting agencies to execute the necessary agreements and seeking additional funding
from other grant programs.
Parking
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Management and
$151,580
$627,247
Office of Transportation
Procurement
Spring 2024
System
Project Status: This project provides funding for the design and installation of the Comprehensive Parking Permit
Implementation
and Citation Management System. The all-inclusive system is a tool staff will utilize in the management of parking
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(PL -16002)
permits for eight parking permit programs and associated on and off-street parking citations. Staff is preparing an
REP to solicit another vendor.
Railroad Grade
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Separation and
$3,860,627
$12,238,838
Office of Transportation
Pre -Design
Fall 2025
Safety
Project Status: This project is a community -based process to advance the railroad grade crossing circulation study
Improvements
and context sensitive solutions study envisioned by the City Council for the Palo Alto Avenue crossing. It will also
(PL -17001)
fund the preparation of a Project Study Report and environmental analysis that will be required for the City to realize
its goals of advancing grade separations. The project will perform preliminary engineering design, conduct project
related studies, and prepare environmental documents for the improvements. This project is currently on hold. City
is considering quiet zone implementation for interim conditions and staff will initiate the conceptual plan
development for grade separation at this crossing in late 2024.
University Ave
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
roject Completion
Streetscape
$164,146
$175,000
Public Works
Design
Winter 2024
Update
Project Status: This project includes a study to reconfigure University Avenue between Alma Street and Middlefield
(PE -21004)
Road to adapt the public realm to maximize pedestrian and bicycle use, reduce congestion, and enhance the retail
environment/economic activity, while maintaining two-way vehicular access, parking opportunities, delivery and
loading zones, ride share spaces, and other amenities including performance space. Council awarded a professional
services contract for CSW/Stuber-Stroeh Engineering in February 2022. The project uses a phased approach with
Phase 1 consisting of public outreach, conceptual design, preliminary environmental studies, and financial
assessment. A preferred plan will be developed in Phase 1 based on community and stakeholders' input. Upon
completion of Phase 1 assessment and Council's review of the community preferred plan, future phases including
design, environmental assessment, bidding, and construction will be developed. Staff concluded the Phase 1
outreach process and concept plans alternatives analysis in fall 2023. Staff presented the preferred streetscape
concept plan to Council on December 18, 2023 Per Council direction in December 2023, staff is identifying additional
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concept alternatives for Council discussion. Staff will proceed with Phase 2 of the project consisting of preliminary
design and environmental assessment upon Council approval of the preferred concept alternative.
Bicycle and
Prior Year Actuals
Current Year Budget
Implementing Department
roject Phase
roject Completion
Pedestrian
$52,695
$2,400,000
Office of Transportation
N/A
Recurring
Transportation Plan
Project Status: This project funds the Bicycle and Pedestrian Transportation Plan Update, which has kicked off
Implementation
recently and is slated to take approximately 18 months to complete (Summer 2025). This project also funds the
(PL -04010)
implementation of various individual bicycle and pedestrian projects. Currently, one of the projects is the
Embarcadero Road Improvements Project (from Emerson to High Street), which provides improvements on both
the north and south sides of Embarcadero Road, from Emerson to High Street. Improvements include intersection
improvements at Emerson and Kingsley, landscaping, new pedestrian level lighting, and bicycle and pedestrian
enhancements. Final Design is currently being completed, and the project will be ready to bid for construction in
2024.
Parking District
Prior Year Actuals
Current Year Budget
Implementing Department
project Phase Froject
Completion
Implementation
$0
$1863,900
Office of Transportation
N/A
Recurring
(PL -15003)
Project Status: This project introduces additional parking permit programs throughout the city. One aspect of this
project is to update City Council -approved Residential Preferential Parking (RPP) ordinance language to establish
uniform and streamlined procedures and processes to implement RPP districts through the process outlined in
Municipal Code 10.50.
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Safe Routes to
Prior Year Actuals
Current Year Budget
Implementing Department
project Phase Froject
Completion
School
$53,956
$969,106
Office of Transportation
N/A
Recurring
(PL -00026)
Project Status: This project enables the City's Safe Routes to School program, including school commute planning,
encouragement activities, and capital improvements along local and collector streets that may be impacted by
school commute activities. The capital improvements include traffic calming devices, enhanced crosswalks, and
improved signage along suggested safe routes to school. The community engagement and planning process for
the construction of the South Palo Alto Bikeways project began in FY 2021. The project will implement buffered
or protected bike lanes on East Meadow Drive from Alma Way to Fabian Way, Fabian Way from East Meadow
Drive to East Charleston Road, and widen and repave the Waverley Avenue Bike Path between East Meadow Drive
and Charleston Road. Due to lack of staff resources, the project schedule was delayed, and the City relinquished
construction grant funds prior to expiration of funding. Staff will continue to apply for grant funds to aid in
construction costs. In FY 2024, this project funded education to improve school access and safety. In addition, this
project supported a secondary school needs assessment to identify middle and high school education and
encouragement programs and to query the Safe Routes Partnership for the resources to support these programs.
Traffic Signal and
Prior Year Actuals
Current Year Budget
Implementing Department
project Phase Iroject
Completion
Intelligent
$232,807
$1,451,217
Office of Transportation
N/A
Recurring
Transportation
Project Status: This project includes design and construction of traffic signals, traffic signal communications
Systems
networks, detection, and data projects for transportation use, and maintenance of the City's traffic signal central
(PL -05030)
management system. The project includes the replacement of traffic signal controllers/cabinets, video detection
systems, accessible pedestrian buttons, and related field equipment. Design for traffic signal safety and
operational improvements at the intersection of San Antonio Road and Charleston Road is nearing 100%
completion. Staff is finalizing the plans and will be preparing bid documents for construction to be released in
spring 2024, with construction anticipated to begin in summer 2024. Staff is in the procurement process to update
the Centralized Traffic Management system servers to improve operational functions and system security.
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Transportation and
Prior Year Actuals
Current Year Budget
Implementing Department
project Phase Fjroject
Completion
Parking
$56,374
$914,692
Office of Transportation
N/A
Recurring
Improvements
Project Status: This project implements miscellaneous neighborhood traffic calming improvements including
(PL -12000)
neighborhood traffic studies and parking improvements. This project also funds the development of grant
proposals used to procure funding for future projects. For the traffic calming project in the Crescent Park
neighborhood, City Council approved proceeding with the design of permanent improvements in November 2023.
Staff will work with the on -call consultant for the design of requirement improvements. In addition to traffic
calming, staff will also begin conducting an Engineering and Traffic Survey for select roadway segments to study
prevailing speeds and review traffic conditions in order to establish and/or certify posted speed limits.
Furthermore, staff is also working on the quiet zone project for all railroad crossings along the Caltrain corridor.
A quiet zone study was performed for the Palo Alto Avenue and Alma Street crossing in collaboration with City of
Menlo Park in 2022. Staff has retained the services of the consultant to design final improvements at this crossing.
In addition, staff is working through procurement process to conduct a study for evaluation of quiet zones at the
other three crossings of Churchill Avenue, Meadow Drive, and Charleston Road. The $200K Safe Streets for All
(SS4A) Safety Action Plan is funded via this project but will be reimbursed up to $160K by a federal grant. The plan
will target eliminating traffic deaths and life -changing injuries on local streets.
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Airport Projects
One -Time Projects
Item 13
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Airport Access
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Road
$0
$3,754,870
Public Works
Design
Summer 2027
Reconstruction
Project Status: This project is for the design and reconstruction of the pavement on Embarcadero Way, which is
(AP -24000)
the main access road for airport businesses and the Air Traffic Control Tower at the Airport. The Airport did not
receive FAA funding for this project and the project is currently on hold.
Airport Layout
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Plan
$426,977
$967,100
Public Works
Construction
Summer 2024
(AP -21000)
Project Status: This project provides updates to the Airport Layout Plan, also known as the Long Range Facilities
and Sustainability Plan, including a narrative report and environmental study. The Airport received funding for a
Phase I portion of this project in fall 2020. Phase I is approximately 75% complete, and funding for Phase II was
received in fall. The Airport conducted the initial public and Project Advisory Committee meetings in April 2023.
The project is expected to be completed by summer 2024. There have been 3 public meetings held for this project,
and the Phase II project is approximately 50% complete, while the Phase I project is 85% complete.
Airport Parking
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Lot Electric
$0
$28,994
Public Works
Design
Summer 2026
Vehicle
Project Status: This project will install electric vehicle charging stations in the Airport customer parking lot. The
Charger
Airport is currently unable to offer electric vehicle charging to its customers, but there is increasing demand for
Installation
vehicle charging capability from Airport tenants. This project has been delayed as the Airport explores further
(AP -24001)
funding options.
Airport
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Temporary
$947
$411,105
Public Works
Procurement
Winter 2024
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Office
Project Status: This project provides funding for the installation and Furniture, Fixtures, & Equipment (FF&E) of
Buildings
existing temporary modular buildings at the airport to provide adequate office space for airport staff as well as
(AP -22001)
terminal space for the public. This project has been delayed to as the Airport explores further funding options.
Airport Zero
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Emission
$25,957
$369,008
Public Works
Procurement
Summer 2024
Vehicle Fleet
Project Status: The Airport vehicle fleet will be replaced by three zero emissions vehicles (ZEV), to be supported
Replacement
by three electric charging stations. The van is used for the transportation of airport guests and passengers and
Program
improves safety by minimizing foot traffic on the airport apron. The truck is used as a maintenance, first response,
(AP -23000)
and operations vehicle. The ZEV fleet will include one passenger vehicle and two trucks. Procurements for truck
replacements went out in May 2023 and only one bid was received. FAA funding is expected in the fall 2023, to
complete the fleet replacement. The Airport purchased the passenger van in Oct 2023, but the truck did not meet
the Federal Buy America requirements. The Airport will be issuing a new REP in spring 2024 for a truck.
Automated
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Weather
$0
$514,109
Public Works
Design
Summer 2024
Observation
Project Status: This project provides a new weather information system to be installed at the Palo Alto Airport.
System
The Airport has applied for FAA funding, and is waiting for the grant agreement to start design. The Airport will go
(AWOS)
out to bid for a contractor in February 2024. It is anticipated that funding for the project will be received in summer
AP -19000
2024.
Recurring Projects
2024-2028 — Airport Capital Improvements Program Projects: There are no recurring projects scheduled at this time.
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Electric Fund Projects
One -Time Projects
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115 kV Electric
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Intertie
$705,491
$1,801,190
Utilities
Pre -Design
Summer 2027
(EL -06001)
Project Status: This project will perform a technical feasibility study to determine the general project requirements
to establish a 115 kV electric intertie line and construct a 115/60 kV substation to connect the City's electric system
directly to the 115 kV transmission line at an additional location. Staff did not receive California Independent
System Operator's commitment to support this interconnection. Staff has retained the services of a consultant to
evaluate the options available to the City. Staff anticipates having an initial draft report for review by June 30,
2024.
Coleridge
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Cowper
$180,813
$2,680,811
Utilities
Design
Summer 2025
Tennyson
Project Status: This project converts the primary electric distribution system in the Coleridge Avenue, Cowper
4/12kV
Street, Tennyson Avenue area from 4 kV to 12 kV. This individual project will be closed but the scope of work will
Conversion
be covered under the EL -24000 Grid Modification project.
(EL -14000)
Colorado
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Distribution
$10,576
$400,000
Utilities
Design
TBD
Feeder Outlet
Project Status: This project is for the installation of a new underground duct bank and cable at Colorado Substation.
Replacement
The installation will improve reliability for all Colorado circuits. The design is complete and construction will begin
(EL -22002)
by winter 2024. Staff is waiting on 12Kv pad -mount switches with a 48 -month backlog.
Colorado Power
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Station
$4,343,887
$11,536,114
Utilities
Pre -Design
Fall 2027
Equipment
Project Status: This project is for the upgrades to equipment at the Colorado Power substation. In FY 2022 staff
Upgrades
completed the evaluation of existing equipment and will proceed with replacing the COP -3 115 kV/60 kV
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(EL -19001)
transformer bank and the 115 kV breaker. Engineering is working on design RFPs and construction lFBs for
contract services to complete substation projects.
Colorado
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Substation Site
$251,919
$1,425,693
Utilities
Design
Fall 2025
Improvements
Project Status: This project will make modifications to the substation driveways and fence to provide adequate
(EL -19002)
ingress and egress for utility vehicles used for maintenance and repair. Staff has prepared an overall master plan
for Colorado Substation to include all proposed improvements. Detailed designs for lighting, driveway, fences,
walls, and an oil containment improvement have been prepared. The design is complete and staff is presenting
the design to Planning to secure a planning permit by the end of February 2024.
East Meadow
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Circles 4/12kV
$268,097
$1,742,527
Utilities
Design
Spring 2025
Conversion
Project Status: This project converts the primary electric distribution system in the East Charleston Road, Alma
(EL -17001)
Street, East Meadow Drive, Middlefield Road areas from 4 kV to 12 kV and is challenging because of the
configuration of the streets and rear easement facilities. This project has been split into six design and construction
phases. Engineering has completed the design and construction for Phase 1. The City's electrification goals have
changed the priority, schedule, and the allocation of staff resources for this CIP project.
Foothills Rebuild
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
(Fire Mitigation)
$4,494,104
$14,999,589
Utilities
Construction
Fall 2025
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(EL -21001)
Project Status: This project will rebuild the approximately 11 miles of overhead line in Foothills Park, as necessary
to mitigate the possibility of wildfire due to overhead electric lines. This could include the utilization of more robust
equipment or construction practices, rerouting to avoid vegetation and improve access for inspection and
maintenance, or converting the overhead lines to underground where feasible. Two proposals were received for
this project and both proposals were rejected because they did not provide an option to underground existing
overhead electric lines. Substructure for Phases 1 and 2 are completed. Phase 3 substructure is currently in
construction and Phase 4 is currently in design.
Grid
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Modernization
$0
$300,000,000
Utilities
Design
Winter 2030
for Electrification
Project Status: This project will provide the City with an electric infrastructure adequate to support the City's goal
(EL -24000)
of 100% electrification and 80% carbon emissions reduction by the year 2030. To attain the 100% electrification
scenario, the City must maximize use of electric energy and phase out carbon -based end uses such as natural gas
appliances and internal combustion vehicles. The electric system must be updated to meet the needs of
electrification, and older components in the distribution infrastructure must be replaced to mitigate chances of
overloading the system. Examples of assets to be replaced are distribution and substation transformers,
primary/secondary distribution circuits. A Pilot area was designated and engineering staff in conjunction with a
consultant have completed the distribution system design for the Pilot area, with a handful of power poles replaced
and installed as initial construction efforts start to take shape. The estimated completion date for the Pilot is
December 2024.
Hopkins
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Substation 4/12
$0
$2,010,000
Utilities
Design
Fall 2025
kV Conversion
Project Status: This project will convert the distribution system connected to the Hopkins Substation from 4 kV to
(EL -20000)
12 kV. The future conversion of the Hopkins Substation from 4 kV to 12 kV requires that all the areas currently
served at 4 kV from the Hopkins Substation be converted to 12 kV. This project will improve operating flexibility of
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the system, service reliability, and back-up to customers in downtown and other adjacent areas. The City's
electrification goals have changed the priority, schedule, and the allocation of staff resources for this CIP project.
Staff is working on an REP for the engineering design for electrification of all overhead circuits. This individual
project will be closed but the scope of work will be covered under the EL -24000 Grid Modification project.
Inter -Substation
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Line Protection
$370,372
$1,601,626
Utilities
Construction
Summer 2027
Relay
Project Status: This project replaces the existing HCB pilot wire relays with a new microprocessor line differential
(EL -17005)
protective relay to protect the city's 60 kV sub -transmission line sections and equipment from damage due to
faults (i.e. short circuits) on the 60 kV line sections. This project is being done in phases, with design and
construction happening concurrently on the different phases. Construction of these improvements relies on work
completed by other projects to install fiber optic connections. Engineering design for segments Colorado
substation to Adobe Creek substation, Park Boulevard substation to Quarry substation, and Maybell substation to
Park Boulevard substation is in progress. A test plan is being written to prove the equipment will work as designed.
Quarry to Park substation segment is expected to be completed by April 2024. Park Boulevard substation to
Maybell substation segment to be completed by June 2024.
Rebuild
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Underground
$43,348
$1,293,337
Utilities
Design
Fall 2027
District 15
Project Status: This project rebuilds and replaces the underground electric system in Underground District 15, the
(EL -11003)
area bounded by Los Palos Avenue, Glenbrook Drive, Pomona Avenue, and Arastradero Road. This project is in the
preliminary stages of engineering design and work will be coordinated with EL -16000 which is currently rebuilding
the electric system along Arastradero Road. Work on this project was delayed due to public input regarding the
design of the project. Changes to the Rules and Regulations will require property owners to pay for the differential
cost should they want submersible equipment instead of pad mount. This project will fall under the underground
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scope of work for electrification. Funds will be returned to reserves. Please see EL -24000 Grid Modernization for
Electrification for future updates.
Rebuild
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Underground
$28,742
$728,735
Utilities
Design
Spring 2027
District 16
Project Status: This project rebuilds and replaces the underground electric system in Underground District 16, the
(EL -13003)
area along Louis Road between Greer Street and Loma Verde Avenue. The engineering design work is complete.
The City's electrification goals have changed the priority, schedule, and the allocation of staff resources for this CIP
project. This project will fall under the underground scope of work for electrification. Funds will be returned to
reserves. Please see EL -24000 Grid Modernization for Electrification for future updates.
Rebuild
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Underground
$1,949,767
$2,522,451
Utilities
Design
Fall 2024
District 24
Project Status: This project rebuilds and replaces the underground electric system in Underground District 24, the
(EL -10006)
area bounded by Lytton Avenue; Bryant Street; Forest Avenue; and Alma Street. The engineering design is in
progress and will be completed in winter 2024. Construction will follow in December 2024.
Rebuild
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Underground
$36,817
$1,359,808
Utilities
Design
Spring 2025
District 26
Project Status: This project rebuilds and replaces the underground electric system in Underground District 26, the
(EL -16000)
area along Arastradero Road between El Camino Real and Hillview Avenue. This is a four -phase project. The first
phase design is complete. The engineering design is in progress and will be completed by December 2024.
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
$5,653,491
$17,690,021
Utilities
Construction
Fall 2024
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Smart Grid
Project Status: Council approved the Advanced Metering Infrastructure (AMI) with Sensus on October 18, 2021.
Technology
The project includes replacement of 30,000 electric meters and retrofit of 20,800 water and 24,200 gas meters
Installation
with radio endpoints to transmit meter data to the AMI network. The proof of concept phase including AMI
(EL -11014)
network installation, meter testing, and system integration will occur between January 2022 and August 2023. Full
deployment is anticipated to run from September 2023 through April 2025
Substation
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Breaker
$1,490,136
$7,368,743
Utilities
Pre -Design
Summer 2028
Replacement
Project Status: This project replaces high voltage circuit breakers that interconnect the nine electric substations
(EL -17002)
and two power switching stations that are reaching the end of their useful life and are now underrated for their
use. This project is being done in phases, with design and construction happening concurrently on the different
phases. Staff completed the construction on the first phase and is working to procure a multi -year contract with
a contractor to complete the design and replacement of the remaining breakers. Staff is working on the design RFP
and the construction IFB for contract services to complete substation projects. Lead times for circuit breakers are
currently at around 18 months.
Substation
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Physical Security
$2,078,888
$6,895,187
Utilities
Construction
Winter 2025
(EL -16003)
Project Status: This project installs facilities providing physical protection of electric substations from vandalism
and intrusion. A professional services contract was awarded to Burns and McDonnell and the study was
completed. Staff continues to implement recommendations from the study each fiscal year. Substructure
construction is in progress, and with the exception of Colorado Substation, substructure installations have been
completed at all of the remaining substations.
Electric Fund Projects — Page 6 of 9
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Electric Fund Projects
Recurring Projects
Communications
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
System
$4,587
$100,000
Utilities
N/A
Recurring
Improvements
Project Status: This project installs high frequency coaxial cable, fiber optic cable, and related equipment to
(EL -89031)
provide communications services for traffic signal coordination, telephone links, computer data transmission, and
the Electric Supervisory Control and Data Acquisition (SCADA) system. This project is funding a portion of the
design phase of an expanded Utilities fiber optic network. The contract for design of this network was approved
by Council in June 2020. Staff is in the planning stages for design implementation.
Electric Customer
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Connections
$1,172,465
$2,700,000
Utilities
N/A
Recurring
(EL -89028)
Project Status: This project installs services, transformers, and meters for new customers; upgrading of existing
services; temporary service connections; and overhead and underground extensions for new or existing
customers. Projects are in many stages of design and construction to provide temporary and permanent power
to residential and commercial customers in Palo Alto.
Electric System
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Improvements
$1,308,637
$2,500,000
Utilities
N/A
Recurring
(EL -98003)
Project Status: This project consists of various projects that replace deteriorated facilities or install protective
devices that improve the Electric Distribution System. Projects are in many stages of development to replace
transformers, replace poles, replace overhead wires, and install protective devices to improve service reliability.
Electric Utility
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Geographic
$221,620
$250,000
Utilities
N/A
Recurring
Item 13
Attachment A - CIP Project Status
Sta Updates and Completed Projects is 23
Electric Fund Projects — Page 7 of 9
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Electric Fund Projects
Item 13
Attachment A - CIP Project Status
Sta Updates and Completed Projects Lis 23
Information
Project Status: This project enhances the citywide Geographical Information System (GIS). The primary emphasis
System
will be to provide a compatible user interface and estimating software, to edit and update data which will reside
(EL -02011)
in the citywide GIS. This funding is also being used to pay for Utilities Electric Division's share of cost for the
implementation of new city-wide GIS system (ESRI) led by IT. Utilities and Information Technology staff are also
working to assess GIS needs and the transition of the mapping information to ESRI. The migration for Electric is
100% complete.
SCADA System
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Upgrades
$70,488
$220,000
Utilities
N/A
Recurring
(EL -02010)
Project Status: This project upgrades the Supervisory Control and Data Acquisition (SCADA) system hardware.
Staff completed upgrade of the servers used for monitoring the utility substations and equipment in 2014. The
next hardware and software upgrade is currently in progress at the factory and work will occur in winter 2024
Substation
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Facility
$173,711
$1,200,000
Utilities
N/A
Recurring
Improvements
Project Status: This project makes improvements to facilities at the electric substations in Palo Alto. Staff is
(EL -89044)
working on the replacement of Remote Terminal Units (RTU) at various substations, upgrading gravel and
grounding, 60 kV air switches, and reconfiguring steel trusses and associated devices. Engineering is working on
design and construction for contract services to complete substation projects. Staff has completed the install for
Nexus meters at Hansen Way (22/23) and Colorado (20/21). Design for Hansen Way (20/21) is in progress.
Substation
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Protection
$47,052
$3000,000
Utilities
N/A
Recurring
Improvements
Project Status: This project makes improvements to equipment used at electric substations to protect the
(EL -89038)
substation equipment and circuits emanating from the substation from damage due to faults (i.e. short circuits)
Electric Fund Projects — Page 8 of 9
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Electric Fund Projects
Item 13
Attachment A - CIP Project Status
Sta Updates and Completed Projects is 23
on the electric system. Staff issued a task order with Soudi Consultants to review and revise protection settings
and training on the commissioning of Park Boulevard relays. .
Underground
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
System Rebuild
$0
$350,000
Utilities
N/A
Recurring
(EL -16001)
Project Status: This project replaces underground electric equipment in areas that were originally installed
underground, that are not part of an Underground District. Staff is working to identify areas where the age of the
existing cables are a high priority for cable replacement. To date, this includes areas in the Stanford Research
Park, Arastradero Road, and along East Bayshore Road. New areas have been identified and progress has been
made on development of the project. Construction of this project was deferred to maintain zero rate increases
to ease economic recovery because of COVID-19.
Wood Pole
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Replacement
$603,564
$1,500,000
Utilities
N/A
Recurring
(EL -19004)
Project Status: This project will fund the annual replacement of deteriorated wood power poles. Staff has
completed the replacement of 15 poles in the first half of FY 2024.
Electric Fund Projects — Page 9 of 9
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Fiber Optics Fund Projects
One -Time Projects
Item 13
Attachment A - CIP Project Status
Statu Updates and Completed Projects Lis 3
Fiber Optic
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Network
$2,000,100
$32,103,876
Utilities
Design
Fall 2025
System
Project Status: This project is for the System Capacity Improvement that rebuilds portions of the "dark" fiber optic
Rebuild
network around Palo Alto. In September 2022, Council approved the City's fiber expansion plan including
(FO -16000)
construction of a new fiber backbone and a phased buildout of a fiber -to -the -premises network. The Fiber Optic
Network System Rebuild CIP will be replaced with new Fiber Backbone and Fiber -to -the -Premises (FTTP) CIP's in FY
2024. Staff has hired a consultant to complete the Fiber Backbone and FTTP conceptual design. The conceptual
design has been completed the contract has been amended to complete the design and all provide documentation
necessary for procurement of a construction contract. Staff is updating fiber databases and reviewing the current
inventory of fiber strands in order to determine what sections of the Fiber Backbone should be upgraded first. Staff
anticipates this initial review phase to be completed by June 2024, to be followed by the design stage for the Fiber
Backbone Upgrade, with an anticipated date to complete the Fiber Backbone upgrade of December 2025.
Fiber to the
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Premises
$0
$ 20,000,000
Utilities
Design
Winter 2030
(FTTP)
Project Status: This project will build Fiber -to -the -Premises (FTTP) to deliver broadband (high-speed internet) for
(FO -24000)
homes and businesses in the City of Palo Alto. As the City builds the FO -16000 - Fiber Optics Network - System Rebuild
Staff has divided up the City into smaller sections for a phased approach of the Fiber -to -the -Premises project.
Furthermore, Staff has proceeded to combine the Phase 1 Fiber -to -the -Premise design with a Grid Modernization
Project covering the same area. Staff is capitalizing on inherent synergies between the two projects, as well as taking
advantage of economies of scale deployment that can be realized as a result of combining the two projects. Staff has
contracted with an Engineering firm to produce design drawings and specifications. Preliminary design drawings are
anticipated by the end of January 2024. Additionally, Staff is preparing RFPs to acquire the necessary cables and
materials, including the FTTP operations Hut to be placed at Colorado Substation. The FTTP Phase 1 pilot is targeted
for completion by December 2024.
Fiber Optics Fund Projects — Page 1 of 2
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Fiber Optics Fund Projects
Recurring Projects
Item 13
Attachment A - CIP Project Status
Statu Updates and Completed Projects Lis 3
Fiber Optics
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
roject Completion
Customer
$28,594
$251,600
Utilities
N/A
Recurring
Connections
Project Status: This project enables the installation of fiber optic infrastructure for new service connections.
(FO -10000)
Projects are developed as needed to meet customer requests for leasing of fibers on the Dark Fiber system. There
have been no new customer connections in the first half of FY 2024.
Fiber Optics
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
roject Completion
Network
$51,967
$561,000
Utilities
N/A
Recurring
System
Project Status: This project improves the reliability within the fiber optic network system. As part of the City's
Improvements
wildfire mitigation plan, this project will add new fiber conduit and substructure in the foothills to support city
(FO -10001)
infrastructure and improve telecommunication and connectivity in the open space. In the first half of FY24, 6 dark
fiber projects were completed and 13,000 Feet of 432 strand fiber optic cable were installed, and there were 2.38
miles of fiber conduit installed in the Foothills. The next phase of conduit installation is currently in construction.
Fiber Optics Fund Projects — Page 2 of 2
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Gas Fund Projects
One -Time Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
Gas Main
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Replacement
$1,568,607
$10,063,205
Utilities
Construction
Spring 2025
Project 24
Project Status: This project enables the design and construction to replace approximately 20,100 linear feet (which
(GS -14003)
represents 1.9% of the City's Gas distribution main system) of distribution main and 260 gas services constructed mainly
of PVC on various streets within the University Park, and Crescent Park neighborhoods. Release of the project for bidding
has been delayed, to include the Town & Country Village scope. This project was split into GMR24A and GMR24B.
GMR24A (Stanford Shopping Center) was completed spring 2023. GMR24B construction is anticipated to start at the end
of January 2024, pending weather.
Gas Main
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Replacement
$0
$10,000,000
Utilities
Design
Winter 2024
Project 25
Project Status: This Gas Main Replacement (GMR) project replaces approximately 20,000 - 26,000 linear feet (which
(GS -15000)
represents 2.4 percent of the City's Gas Distribution System) of leaking, inadequately sized, and structurally deficient
gas mains and services located on various streets in the neighborhoods of Community Center, Leland Manor, Midtown,
and Palo Verde neighborhoods. Staff identifies problematic mains/services by researching maintenance and leak
histories, analyzing performance of the entire Gas Distribution System, and considering risks ratings of the Distribution
Integrity Management Plan. A federal grant application was submitted in August 2023 and if awarded the project will
replace 26,000 linear feet of main. If the grant application is not awarded, a scaled down project will be proposed.
Recurring Projects
Gas
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Distribution
$190,158
$1,005,796
Utilities
N/A
Recurring
Gas Fund Projects — Page 1 of 3
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Gas Fund Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
System
Project Status: This project enables Gas Distribution System improvements. Typical activities include increasing
Improvements
distribution system capacity for load growth, replacing deteriorated capital facilities, reconfiguring/adding to the system
(GS -11002)
to improve service reliability, and conducting research related to performance of the gas distribution system or its
various components making general improvements to the system. The City must continuously evaluate service reliability
needs and make improvements to the system to maintain top level service to City customers and to minimize potential
economic losses due to service interruptions. In the first half of FY 2024, city crews completed the replacement of various
gas services and valves throughout the system, including 450 feet of gas mainline and eight gas services on Seneca Street
between Forest Avenue and Boyce Avenue.
Gas
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Equipment
$19,823
$100,000
Utilities
N/A
Recurring
and Tools
Project Status: This project purchases polyethylene (PE) fusion equipment and tools, directional boring/locating
(GS -13002)
equipment and tools, and general shop equipment and tools. The equipment needs to be upgraded on an annual basis
to safely operate and maintain a natural gas distribution system and to ensure operators' safety and productivity. In the
first half of FY 2024, no new equipment has been purchased. New Sensit gas detectors and battery operated
electrofusion processing machines are planned for purchase in the last half of FY 2024.
Gas Meters
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
and
$359,636
$500,000
Utilities
N/A
Recurring
Regulators
Project Status: This project provides replacement of the existing gas meters and regulators annually. The coordination
(GS -80019)
of gas meter and regulator replacements with gas meters identified to be replaced under the AMI contract, which is
generally gas meters that are 25 years or older. The gas meter replacement program ensures the accuracy of gas
consumption measurement, reduces possible revenue loss due to under -registered gas, and provides customers with
accurate monthly bills. Replacement of aged gas meters and regulators is on -going. The next major replacement of
meters and regulators will be coordinated with Gas Main Replacement Project 24 (GS -14003) and the Advanced Metering
Infrastructure project.
Gas Fund Projects — Page 2 of 3
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Gas Fund Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
Gas System,
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Customer
$696,488
$810,900
Utilities
N/A
Recurring
Connections
Project Status: This project enables the Gas Distribution System to be extended in order to provide gas service to new
(GS -80017)
customers and augment service to customers with increased natural gas demands. Improvements include new mains,
services, valves, regulators, meters, and accessories. This project upgrades infrastructure to provide gas service
connections to new customers, meet changes in existing customer service demands, and respond to changes in gas
service requirements due to new development or redevelopment. This project is funded partially from reimbursements
by customers. City crews completed 5 new gas service installations and 36 gas service demolitions in the first half of FY
2024.
Gas Fund Projects — Page 3 of 3
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Stormwater Management Projects
One -Time Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
Corporation
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Way System
$181,234
$4,146,556
Public Works
Design
Spring 2026
Upgrades and
Project Status: This project incorporates a design of a new small pump station with 25 cubic feet per second
Pump Station
capacity and upgrades 700 linear feet of pipe to 30 -inch diameter High Density Polyethylene pipe. The existing
(SD -21000)
system does not have the force needed to discharge storm flows into the Adobe Creek. Adding a pump station in
advance of the outfall and upsizing the storm pipe will eliminate the routine flooding along East Bayshore Road and
convey runoff from a 10 -year storm event. Staff secured an easement for the pump station from adjacent property
owners. The design consultant has submitted a 99% design that is currently under review by the Planning and
Building Department for final comments prior to issuing a procurement contract for construction in spring 2024.
East Meadow
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Drive System
$31,884
$636,405
Public Works
Construction
Summer 2024
Upgrades
Project Status: This project adds approximately 407 linear feet of new 24 -inch high density polyethylene to be
(SD -22000)
parallel to the existing 36 -inch pipe within East Meadow Drive to increase the capacity of the storm drain system.
This project includes upsizing manholes based on new pipes and reconnecting laterals from private property and
catch basins. A construction contract was awarded in October 2023, and construction began in November 2023.
Completion is anticipated in June 2024.
East Meadow
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Circle
$0
$634,016
Public Works
Construction
Summer 2024
Connection to
Project Status: This project will install approximately 600 linear feet of 15 -inch pipe and manholes along East
Adobe Creek
Meadow Circle. The new 15 -inch line will eliminate flooding that occurs within East Meadow Circle when the water
Pump Station
level within Barron Creek is higher than the flap -gate, and flows are not able to drain into the creek. The new 15 -
(SD -26000)
inch HDPE line extension provides allows flows to drain away from Barron Creek and into Adobe Creek, where they
can be pumped. The project also includes a small bioretention area to treat low flow runoff within East Meadow
Stormwater Management Projects - Page 1 of 3
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Stormwater Management Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
Circle before discharging into either creek. A construction contract was awarded in October 2023, and construction
began November 2023. Completion is anticipated in June 2024.
Trash Capture
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Device
$261,579
$818,837
Public Works
Construction
Spring 2024
Installation
Project Status: This project will design and construct a large trash capture device (TCD) to be installed in the
(SD -22002)
planting strip along Embarcadero Road located in front of the Palo Alto Baylands Golf Links parking lot. The TCD will
be integrated into a 36 -inch storm pipe to capture trash as small as five millimeters from a section of the storm
drain system prior to discharging to the San Francisco Bay. The 189 -acre drainage area treated by the TCD consists
of 169 acres of commercial and office land use in the City's jurisdiction and 20 acres in the California Department
of Transportation (Caltrans) right-of-way. Construction began in summer 2023 and is expected to be completed by
spring 2024.
West Bayshore
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Road Pump
$254,750
$3,058,138
Public Works
Design
Spring 2026
Station
Project Status: This project incorporates design and construction of a new small pump station with 15 cubic feet
(SD -20000)
per second capacity. Installing a new pump station will allow storm flows to be pumped into the Adobe Barron
Creek confluence while adding a pump station in advance of the outfall would eliminate the routine flooding along
West Bayshore Road and allow the system to convey runoff from a 10 -year storm event. Staff secured an easement
for the pump station from adjacent property owners The project is currently under review by the Planning and
Building Department for final comments prior to issuing a procurement contract for construction in spring 2024.
West Bayshore
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Road Trunk Line
$5,550
$2,542,314
Public Works
Design
Spring 2026
Improvements
Project Status: This project replaces approximately 1,400 linear feet of existing 15 -inch diameter pipe with 36 -inch
(SD -23000)
High Density Polyethylene pipe. These improvements along with the new West Bayshore Road Pump Station (SD-
Stormwater Management Projects - Page 2 of 3
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Stormwater Management Projects
Recurring Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
20000) will eliminate the routine flooding along West Bayshore Road and allow the system to convey runoff from
a 10 -year storm event. Staff secured an easement for the pump station from adjacent property owners The project
is currently under review by the Planning and Building Department for final comments prior to issuing a
procurement contract for construction in spring 2024.
Green
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Stormwater
$0
$2,005,559
Public Works
N/A
Recurring
Infrastructure
Project Status: This project provides funding for Green Stormwater Infrastructure (GSI) projects and the integration
(SD -22001)
of GSI features in the design and implementation of planned CIP projects supported by other funds. GSI mimics the
natural environment to slow, spread, infiltrate, and filter stormwater runoff through native or engineered soils or
other pervious material rather than discharging it directly into storm drain inlets. Types of GSI include bioretention
planters, tree wells, and pervious pavement to manage stormwater runoff. The FY 2024 budget is allocated as a
match to fund the balance of a GSI project partially funded by the U.S. Environmental Protection Agency and also
provides funding for adding a GSI component to the East Meadow Circle Connection to Adobe Creek pump station
project (SD -26000).
Storm Drainage
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
System
$738,001
$1,525,681
Public Works
N/A
Recurring
Replacement
Project Status: This project provides for annual replacement and rehabilitation to maintain the integrity of the
and
storm drain system, including deteriorated storm drain piping, manholes, and storm drain inlets. The rehabilitation
Rehabilitation
includes replacement of broken corrugated metal pipe with High Density Polyethylene pipe. Based on the recent
(SD -06101)
pipe failures that occurred in early 2023, staff is proposing to replace storm drain pipes at three locations (Forest
Avenue, Embarcadero Road, and Fielding Drive), as part of CIP projects SD -22000 and SD -26000. A construction
contract was awarded in October 2023 and construction began in November 2023 and is anticipated to be
completed in June 2024.
Stormwater Management Projects - Page 3 of 3
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Wastewater Collection Fund Projects
One -Time Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
Wastewater
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Collection
$199,019
$8,635,244
Utilities
Construction
Spring 2024
System
Rehabilitation
Project Status: This project funds the design and construction of high priority main replacement work, which reduces
Augmentation
inflow of rainfall and groundwater into the collection system. The project replaces approximately 11,000 linear feet
Project 31
(which represents 1.0 percent of the City's Wastewater Collection System) for El Camino Real from Page Mill Road to
(WC -19001)
Cesano Court, and Page Mill Road from Ramos Way to Ash Street. The project is comprised of mains identified in video
inspection work or through maintenance records as structurally deficient and in need of replacement. The work is in
Caltrans (El Camino Real) and the County of Santa Clara (Page Mill Road) right-of-way. The construction contract was
approved in May 2023. The construction Notice to Proceed was issued in July 2023. Construction is underway with
completion anticipated in May 2024.
Recurring Projects
Sewer
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Lateral/Manhole
$716,171
$850,000
Utilities
N/A
Recurring
Rehabilitation
Project Status: This project replaces defective sewer laterals, cleanouts, manholes, backwater devices, and equipment
and
to support these activities to maintain the Wastewater Collection System, as well as to comply with the Sanitary Sewer
Replacement
Master Plan (SMP). Information collected during routine annual maintenance activities is used to prioritize work. The
(WC -99013)
continued work performed will also help reducing both sewage blockage and the City's treatment expenses to treat
rainwater or groundwater infiltration. A new 3 -year construction contract was approved in FY 2023 to replace
problematic sewer laterals. In the first half of FY 2024, fifty-six sewer lateral replacements were completed.
Wastewater Collection Fund Projects — Page 1 of 2
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Wastewater Collection Fund Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
Sewer System,
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Customer
$360,124
$450,000
Utilities
N/A
Recurring
Connections
Project Status: This project installs sewer lateral connections and additions or extensions of existing mains to serve
(WC -80020)
new customers and to respond to changes in sewer requirements due to redevelopment. Old existing non -plastic
sewer laterals with condition deficiencies per Utilities Operations' criteria are required to be replaced in accordance
with the latest 2022 WGW Standards. In the first half of FY 2024, two new lateral connection or extensions mains were
performed.
Wastewater
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
General
$102,495
$108,941
Utilities
N/A
Recurring
Equipment and
Project Status: This project provides funds to procure new general equipment and new tools. In the first half of FY
Tools
2024, no new general equipment or tools were procured.
(WC -13002)
Wastewater
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
System
$0
$799,501
Utilities
N/A
Recurring
Improvements
Project Status: This project implements improvements to the Wastewater Collection System by increasing system
(WC -15002)
capacity for growth, flow monitoring, hydraulic modeling and system analysis, load simulations, asset management
analysis and assessment, system inflow/infiltration analysis, and sanitary sewer overflow monitoring and reduction.
Part of this project funds the Sewer Master Plan Study, which will evaluate the City's existing wastewater collection
system, flows, and flow patterns to determine system capacity to meet current and future flows and recommend and
prioritize capital improvement projects where needed. The consultant contract was approved in November 2023. The
consultant started work in December 2023.
Wastewater Collection Fund Projects — Page 2 of 2
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Wastewater Treatment Fund Projects
One -Time Projects
Item 13
Attachment A - CIP Project Status
Status Updates and Completed Projects Lis
Advanced
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Water
$1,977,452
$59,974,964
Public Works
Design
Winter 2026
Purification
Project Status: This project enables the design and construction of an Advanced Water Purification Facility to further
Facility
improve the quality of the tertiary -treated recycled water by ultrafiltration followed by reverse osmosis to reduce the
(WQ-19003)
level of total dissolved solids. The water reuse partnership agreement with Valley Water and Mountain View provides
$16 million in funding from Valley Water for this project. The City has also received grant funding for a portion of the
project costs and a State low -interest loan for the design and construction phases. Palo Alto and Mountain View staff
agreed that Mountain View would pay the remainder of the capital costs associated with this project. Mountain View
staff recommended this project and Mountain View's City Council approved it on June 27, 2023 (SR #2308-1863). The
design is currently at 100%, and meetings with ARB and Planning and Transportation Commission are ongoing.
Headworks
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Facility
$0
$52,095,872
Public Works
Design
Spring 2032
Replacement
Project Status: This project replaces the existing two outdated influent pump stations and their associated equipment
(WQ-16002)
and ancillary systems, including the suction and discharge piping manifolds, valves, electrical and controls system,
screening equipment, grit handling equipment, pumps, flow meters and yard piping. Solicitation for a consultant to
perform advanced planning and preliminary design began in summer 2023. A consultant was selected in spring 2024.
Horizontal
Prior Years Actuals
Total Project Budget Implementing
Department
Project Phase
Project Completion
Levee Pilot
$39,421
$738,511
Public Works
Design
Fall 2029
(WQ-22001)
Project Status: This project consists of the design, permitting, and construction of a horizontal levee pilot system. The
system will utilize treated wastewater to create a transitional brackish habitat on the Bayside of a future flood control
levee located in the Palo Alto Baylands, adjacent to the Regional Water Quality Control Plant (RWQCP). Information
and data collected by this pilot system could support broader implementation of horizontal levees as green
infrastructure components in larger flood control levee improvement projects within Palo Alto and beyond. The project
Wastewater Treatment Fund Projects — Page 1 of 4
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Wastewater Treatment Fund Projects
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Status Updates and Completed Projects Lis
completed 90% design, CEQA review, conducted several stakeholder outreach events, created a project webpage,
submitted construction applications to resource agencies, and received a recommendation from the Parks and
Recreation Commission. The project is currently finalizing the design, working with resource agencies to obtain
construction permits, coordinating future community engagement activities including BioBlitz' and King Tide Walks,
and working to bring the Park Improvement Ordinance and Cooperative Agreement to Council in early 2024. The San
Francisco Estuary Partnership/Association of Bay Area Governments will be posting the project for solicitation in early
2024.
Joint
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Intercepting
$0
$12,573,488
Public Works
Construction
Winter 2025
Sewer
Project Status: This project will rehabilitate 2,364 linear feet of the 60" and 72" diameter Joint Intercepting Sewer (JIS)
Rehabilitation
trunk line leading to the Regional Water Quality Control Plant (RWQCP). The entire trunk sewer line, constructed in
(Phase 1)
1972, is approximately 9,000 feet long consisting of 13 manholes/junction structures. The JIS conveys raw wastewater
(WQ-24000)
mainly from the City of Mountain View, City of Los Altos, Los Altos Hills, and a portion Palo Alto, which accounts for
more than half of the RWQCP's influent flows. Solicitation for construction was completed in fall 2023. Construction is
scheduled to begin in spring 2024 and be completed by winter 2025.
New
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Laboratory
$363,705
$23,979,898
Public Works
Pre -Design
Fall 2030
and
Project Status: This project was originally envisioned to replace the existing plant laboratory and environmental
Environmental
services offices. Staff is currently revising space planning assumptions as the City and RWQCP are investigating the
Services
potential acquisition of a property adjoining the RWQCP and have put further design efforts on hold. The original design
Building
contract was terminated in March 2021. Solicitation for engaging a new consultant for detailed design will begin after
(WQ-14002)
advanced planning and siting analysis are completed as part of the Long Range Facilities Plan Update.
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Wastewater Treatment Fund Projects
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Status Updates and Completed Projects Lis
Outfall Line
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Construction
$0
$17,923,113
Public Works
Design
Summer 2026
(WQ-19000)
Project Status: This project consists of the construction of a new parallel outfall pipe to convey final plant effluent to
San Francisco Bay. A re -design of the pipeline is needed to accommodate a potential future runway shift at Palo Alto
Airport. Staff is currently working with the Federal Aviation Administration (FAA) to gain FAA concurrence for the
pipeline construction and permanent easements on Airport property. The re -design is anticipated to begin in summer
2024, moving immediately to construction upon design completion.
Plant Master
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
Project Completion
Plan
$457,871
$442,587
Public Works
Construction
Winter 2028
(WQ-10001)
Project Status: This project enables the ongoing program management support for major capital projects. Current
tasks include developing scopes of work, evaluating consultant proposals, coordinating project management activities,
pursuing State low -interest loans for multiple projects, and updating partner agreements. The consultant provides
support for the projects associated with the Long -Range Facilities Plan (LRFP), with a contract that expires in 2028.
Primary
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Sedimentation
$10,326,903
$20,449,644
Public Works
Construction
Spring 2024
Tank
Project Status: This project enables the design and construction for new protective coatings on each of the four
Rehabilitation
concrete primary sedimentation tanks, with replacement of worn rotating parts and mechanical and electrical
(WQ-14003)
equipment. These tanks were installed in 1972 and the recoating project will extend the concrete life for another 30
years. Construction began in summer 2021, with completion expected by spring 2024.
Secondary
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Treatment
$15,774,759
$193,317,009
Public Works
Construction
Winter 2028
Upgrades
Project Status: This project upgrades the Secondary Treatment process at the RWQCP. The existing Secondary
(WQ-19001)
Treatment process has two main components, the Fixed Film Reactors (FFR) and the Activated Sludge (AS) Process.
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Status Updates and Completed Projects Lis
This project includes the reconstruction of the AS process, rehabilitation and reconfiguration of the AS Aeration Basins,
the elimination of the FFRs, addition of denitrification capabilities, and replacement of equipment beyond its useful
life. Construction began in winter 2023 with completion of new denitrification treatment and retirement of the FFRs
expected in 2028.
Recurring Projects
Plant Repair,
Prior Year Actuals
Current Year Budget
Implementing Department
Project Phase
roject Completion
Retrofit and
$2,116,235
$10,141,002
Public Works
N/A
Recurring
Equipment
Project Status: This project enables the assessment, repair, and retrofit of the RWQCP's concrete and metal
Replacement
structures; the replacement of necessary equipment and ancillary facilities, including electrical equipment/systems,
(WQ-19002)
to maintain treatment reliability and existing infrastructure; and the replacement of large diameter flow meters built
into the wastewater treatment system on sewers, pipes, and water lines. Design of the 12 kV Electrical Loop Upgrade
Project was completed in spring 2022. A construction contract for phase 1 was executed in winter 2023, with expected
completion in summer 2024. Solicitation for Phase 2 construction is anticipated to commence in summer 2024.
Wastewater Treatment Fund Projects — Page 4 of 4
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Water Fund Projects
One -Time Projects
Item 13
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Status Updates and Completed Projects Lis
Water Main
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Replacement
$201,968
$9,307,828
Utilities
Construction
Summer 2024
Project 29
Project Status: This project will fund the design and replacement of structurally deficient water mains and
(WS -15002)
appurtenances. Mains are selected by researching the maintenance history of the system and identifying those
that are undersized, corroded, and/or subject to breaks. The project scope includes approximately 7,500 linear feet
(which represents 0.6 percent of the City's Water Distribution System) of mains and services on various streets
within the City, including areas in the Evergreen Park and Ventura neighborhoods. Construction started in
November 2023 and will complete in August 2024.
Water Main
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Replacement
$0
$9,350,000
Utilities
Design
Spring 2026
Project 30
Project Status: This project will fund the replacement of structurally deficient water mains and appurtenances in
(WS -16001)
Fiscal Year 2026. Mains are selected by researching the maintenance history of the system and identifying those
that are undersized, corroded, and subject to breaks. The project scope includes approximately 10,000 linear feet
(which represents 0.8 percent of the City's Water Distribution System) of mains and services on various streets
within the City, including areas in Midtown/Midtown West, Palo Verde, and Green Meadow neighborhoods.
Water Recycling
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Facilities
$710,106
$852,674
Utilities
Pre -Design
Fall 2024
(WS -07001)
Project Status: This project allows the City to hire a consultant to prepare a business plan, prepare preliminary
design, and secure funding options for an expansion of the existing recycled water delivery system in the City. The
expansion pipeline is one of several water reuse projects being considered in the Northwest County Recycled Water
Strategic Plan. One Water Plan development is underway to evaluate alternative water supplies, define existing
and future uncertainties and supply risks, and identify community needs and priorities. The One Water Plan is
tentatively scheduled for Council approval in 2024.
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Water Fund Projects
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Status Updates and Completed Projects Lis
Water
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Regulation
$1,876,641
$2,960,477
Utilities
Construction
Summer 2024
Station
Project Status: This project for Water Regulation Station Improvements includes seismic upgrades, piping
Improvements
improvements and other various upgrades to increase the structural reliability of two of the City's turnouts with
(WS -07000)
SFPUC. Work under this project includes Seismic Upgrade of California and Page Mill Turnouts. Structural
evaluation for restraining the Page Mill turnout and piping was included in the design. City Council approved this
project and the construction for the Page Mill Turnout is completed. The California Avenue Turnout work will begin
in January 2024 and is anticipated to be completed in May 2024.
Water Tank
Prior Years Actuals
Total Project Budget
Implementing Department
Project Phase
Project Completion
Seismic Upgrade
$9,574,814
$26,989,834
Utilities
Construction
Fall 2027
and
Project Status: This project for Seismic Water System Upgrades includes seismic upgrades at the Montebello,
Rehabilitation
Mayfield, Corte Madera, Park, Boronda, and Dahl Reservoirs in compliance with the American Society of Civil
(WS -09000)
Engineers (ASCE 7) seismic codes. Mayfield Reservoir was seismically retrofitted in 2011. Seismic upgrades of
Boronda and Montebello Reservoirs was completed in 2016 and 2018. The new concrete Corte Madera Reservoir
was completed in April 2022. The Park Reservoir is scheduled next for retrofit or replacement, followed by Dahl
Reservoir. Park Reservoir was assessed in spring 2023, and staff completed the update to the financial analysis of
retrofit versus replacement and made a recommendation in summer 2023 to replace the tank roof. Design for Park
Reservoir is expected to be completed by the beginning of 2025, and construction completed by the end of 2026.
Dahl Reservoir will be assessed in 2025 and the retrofit and rehabilitation is expected to be completed by the end
of 2027.
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Water Fund Projects
Recurring Projects
Item 13
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Status Updates and Completed Projects Lis
Water
Prior Year Actuals
Current Year Budget
Implementing Department
roject Phase Ffroject
Completion
Distribution
$19,247
$646,029
Utilities
N/A
Recurring
System
Project Status: This project enables improvements to water distribution system deliverability and reliability.
Improvements
Typical activities include installing restraining joints at critical pipelines and bridge crossings, increasing the size of
(WS -11003)
inadequate facilities, system leakage surveys, network modeling, and fire flow studies or other system
improvements as required. Continuous evaluation of system needs and making required improvements is
necessary to maintain adequate quantities of quality water, meeting local, state, and federal safe drinking water
standards. The Pump Station Painting project to paint the five foothill pump stations, is planned for summer 2024.
Water, Gas,
Prior Year Actuals
Current Year Budget
Implementing Department
roject Phase Ffroject
Completion
Wastewater
$120,703
$513,400
Utilities
N/A
Recurring
Utility GIS Data
Project Status: This project enables contracts related to Utilities GIS (Geographic Information System) needs. AME
(WS -02014)
database is heavily utilized by Utilities Engineering staff to update the utility information in GIS. The updated
information is used by various City staff, such as marking/locating underground utilities to comply with USA
(Underground Service Alert) requirements; developing design drawings for pipeline replacement projects; verifying
existing underground utilities during construction activities; creating customized utility map books for field crews
and on -call personnel to meet their specific needs. Annual surveying contracts collect GPS points of existing above-
ground utility features within CIP project areas. The data being collected continues to be used to correct the GIS
database. Accurate utility data helps the design to select new pipe alignment to minimize construction conflicts
and provides data for additional road feature linework to be corrected in the older GIS/AVEC database via ESRI.
Water General
Prior Year Actuals
Current Year Budget
Implementing Department
roject Phase
roject Completion
Equipment/Tools
$1,602
$50,000
Utilities
N/A
Recurring
(WS -13002)
Project Status: This project acquires new equipment and tools, the replacement of existing fusion equipment, and
other associated tools. The fusion equipment is used to fuse together pipe joints in the City's water distribution
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Status Updates and Completed Projects Lis
system. Equipment and tools are required to be upgraded on an annual basis to maintain high quality standards
for the installation of the City's water distribution mains, along with the associated service standards and worker
safety and productivity measures. Purchase of a Synergi gas model software license and completion of the gas
model is anticipated to be completed in fall 2024 to assist with the Capital Improvement Plan projects and gas
decommissioning.
Water Meters
Prior Year Actuals
Current Year Budget
Implementing Department
roject Phase Ffroject
Completion
(WS -80015)
$116,080
$1,599,821
Utilities
N/A
Recurring
Project Status: This project enables the purchasing of meters for new customers, upgrading meters for current
customers, installing meter bypasses, and replacing obsolete meters that are no longer repairable. This funding
also allows for annual testing and calibration of selected meters to maintain meter accuracy and reliability. During
the AMI implementation process, approximately 50% of the meters will be replaced, with a focus on meters more
than twenty years old. Staff is currently targeting large diameter meter sets to be replaced first in preparation for
the upcoming AMI project. Staff completed testing a batch of large meters in 2023; additional testing will be
conducted in 2024.
Water Service
Prior Year Actuals
Current Year Budget
Implementing Department
project Phase Froject
Completion
and Hydrant
$129,230
$400,000
Utilities
N/A
Recurring
Replacement
Project Status: This project replaces system control valves, deteriorated galvanized service lines, lead goosenecks,
(WS -80014)
and fire hydrant valves and assemblies per the Fire Department's flow testing, upgrades fire hydrants in main line
replacement project areas, and replaces existing undersized or deteriorated copper water services on an as needed
basis. Staff has been working on an extensive valve audit and to date have operated and evaluated approximately
60% of the City's 6,500 water valves. This project will be increasing work to replace inoperative and leaking valves
identified during this audit process. In addition, the City will be doing additional work to look for possible lead
whips in our distribution system as we continue to comply with the new lead and copper rule revisions (LCRR).
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Water System
Prior Year Actuals
Current Year Budget
Implementing Department roject PhaseProject
Completion
Customer
$781,090
$932,000
Utilities N/A
Recurring
Connections
Project Status: This project allows for improvements that include new main extensions, valves, domestic services,
(WS -80013)
meters on upgraded services, backflow devices, fire services, and fire hydrants. System extensions are required to
provide service to new large developments and to serve existing customers requesting expanded service on
Development Services projects. A total of sixty-six water services and four hydrants were installed in 2023.
Water System
Prior Year Actuals
Current Year Budget
Implementing Department
project Phase 1roject
Completion
Supply
$14,560
$3,617,000
Utilities
N/A
Recurring
Improvements
Project Status: This project evaluates and improves the City's water distribution system on an as -needed basis. This
(WS -11004)
project includes piping modifications, equipment replacements associated with water delivery, supervisory control
software upgrades, system modifications for water system quality compliance, conditional assessment of the
reliability of transmission mains, and security system installations. The water system includes the connection
facilities between the City's and the San Francisco Public Utility Commission's pipelines, emergency water wells
within the City, pumping stations, water reservoirs, and pipelines. Security cameras will also be added to various
tanks, pump stations, and turnouts as part of the Security Cameras project. Staff is planning to lease a mobile
generator for Foothill pump stations in summer 2024 and purchase generators by summer 2025.
Water Fund Projects — Page 5 of 5
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List of Completed Projects
Item 13
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Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP #
Proiect Name
Project Description
Project Type
Fund Source
Department
CMR Date
Completed
Completed
s•
This project incorporated renovations to the Utilities Water Gas Wastewater
(WGW) office space at the Municipal Service Center (MSC). The new work area
PE
Water, Gas, Wastewater
includes kitchen
Construction
Buildings and
Public Works
Spring
2023
$ 1,234,354.00
-19001
Office Remodel
a small reception area, a renovated and printer area, additional
Facilities
offices and cubicles, upgrades to the HVAC system, lighting improvements and
fire life safety systems upgrade. Construction was completed in April 2023.
This project provided funding for the replacement of all extrication tools for the
Fire Department. Extrication tools, also known as "Jaws of Life", are used to
FD -22000
Extrication Tool Replacement
rescue victims of car accidents and other emergencies where the victims are
Procurement
Buildings and
Fire Department
Winter
2023
$ 298,200.00
Facilities
trapped in confined spaces. Equipment was purchased in winter 2023 and the
project is complete.
This project has replaced approximately 18,600 linear feet (which represents
m
1.6% of the City's water distribution system) of mains and 265 services on
N
WS
Water Main Replacement
in the City, including in the Duveneck, St. Francis, Barron
Construction
Water
Utilities
Spring
2023
$ 10,305,619.00
o
-14001
Project 28
various streets areas
v
Park and Charleston Meadows neighborhoods. Construction started in April
2022 and the project was substantially completed in spring 2023.
This project included the design and construction of high priority mains with
structural defects that could not be addressed with routine maintenance. The
Wastewater Collection
WC
System Rehabilitation
wastewater mains on various streets in the City were replaced with
Construction
Wastewater
Utilities
Spring
2023
$ 4,656,777.00
-17001
approximately 10,000 linear feet of HDPE sanitary sewer mains and associated
Collection
Augmentation Project 30
laterals in the Ventura, Charleston Meadows, Fair Meadow, and Palo Verde
neighborhoods. The project achieved substantial completion in April 2023.
This project included the design and reconstruction of the Palo Alto Airport
apron. The need to reconstruct the aircraft parking apron is critical to airport
AP -16000
Airport Apron Reconstruction
safety. Construction Phase I was completed in November 2017. Construction
Construction
Airport
Airport
Spring
2023
$ 41,563,570.00
Phase II was completed in winter 2020. Construction on Phase III reached
substantial completion in June 2023
This project replace rubberized and synthetic turf surfacing in the playground
and replace play equipment including swings, climbing net, and playhouse. An
Magical Bridge Playground
PE
Rubber Synthetic Turf
IFB was issued in November 2021 and Council awarded a construction contract
Construction
Parks and Open
Public Works
Fall
2022
$ 857,380.00
-21003
and
in spring 2022. Installation of rubberized and synthetic surfacing, replacement
Space
Resurfacing
of climbing nets and renovation of the playhouse took place in fall 2022. Project
was completed in December 2022.
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Season
Year
Total Project Budget
CIP #
Project Name
Project Description
Project Type
Fund Source
Department
Completed
Completed
**
This project designed and constructed approximately 21,700 linear feet (which
represents 1.9% of the City's Gas distribution main system) of distribution main
GS
Gas Main Replacement
and 320 gas services constructed mainly of PVC material on various streets
Construction
Gas
Utilities
Summer
2022
$ 7,951,858.00
-13001
Project 23
within the Midtown, Evergreen Park, Ventura, College Terrace, Charleston
Terrace, and Research Park neighborhoods. Construction began in winter
2021and was completed in summer 2022
This project replaced the entire complement of Automated External
FD
Automated External
Defibrillators (AEDs) throughout City facilities and emergency response vehicles,
Procurement
Buildings and
Fire Department
Summer
2022
$ 237,500.00
-21000
Defibrillator Replacement
which currently totals 93 AEDs. The RFP process was completed in fall 2021.
Facilities
The new AEDs were purchased and deployed in summer 2022.
This project replaced the existing MSC roofs. The existing asphalt and gravel
PF-17000
Municipal Service Center A, B,
roofs have reached the end of their useful life and needed to be replaced. The
Construction
Buildings and
Public Works
Fall
2022
$ 2,013,475.00
& C Roof Replacement
new roofs will meet current cool roofing codes to optimize energy efficiency.
Facilities
Construction was completed in November 2022.
This project installed capacitor banks at electric substations and on distribution
lines to ensure Northern California Power Association Power Factor
requirements are met. Capacitor banks were installed at Hanover Avenue,
Construction
2022
EL -16002
Capacitor Bank Installation
Hansen Way, Maybell Avenue, and Park Boulevard Substations. The project
Electric
Utilities
Spring
$ 1,050,443
was substantially completed in June 2022 and will be commissioned and
energized in summer 2022.
The Utilities Department removed the overhead lines allowing for the
Facility Relocation for Caltrain
EL -17007
,
installation of the Overhead Catenary System above the rails for the Caltrain
Construction
Electric
Utilities
Spring
2022
$ 3,055,472
Modernization Project
Modernization. This project was completed in spring 2022
This project upgraded safety, site amenities, playground facilities, a new
restroom, irrigation, drainage, and ADA accessibility improvements at
PE -08001
Rinconada Park Improvement
Rinconada Park. These improvements were identified in the Rinconada Long
Construction
Parks and Open
Public Works
Spring
2022
$ 4,646,247
Range Plan (LRP). Phase 1 of construction started in August 2021 and
Space
construction was completed in spring 2022.
This project reconfigured the distribution circuits to the substation transformer
EL -14005
Reconfigure Quarry Feeders
at Quarry Substation. Design of QR 27 feeder replacement was completed in
Construction
Electric
Utilities
Fall
2021
$ 792,034
spring 2021. Construction was completed in December 2021 .
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Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP #
Project Name
Project Description
Project Type
Fund Source
Department
Completed
Completed
**
This project provided for the relocation of the Junior Museum and Zoo to
Cubberley for two years while a new JMZ was being built, tenant improvements
AC
JMZ Renovation
to the Cubberley Auditorium and then removal of tenant improvements post-
Construction
Buildings and
Community
Fall
2021
$ 2,927,870.00
-18001
construction. Construction of the new Junior Museum and Zoo started in June
Facilities
Services
2018 and was completed in late 2021. The new Junior Museum and Zoo was
opened to the public on November 12, 2021.
This project included a systems analysis and repaired the water proofing system
High and Bryant Street
in the High Street and Bryant Street parking garages. Water proofing repairs
PE -18002
Garages Waterproofing and
were completed in the High Street parking garage. Additional funding was
Construction
Buildings and
Public Works
Fall
2021
$ 264,235.00
Facilities
Repairs
added and the contractor completed waterproofing repairs in the subterranean
stairwells in the Bryant Street garage in fall 2021.
As part of the 2014 Council Infrastructure Plan, this project designed and
constructed a new pedestrian bridge across Highway 101 at Adobe Creek.
PE
Highway 101 Pedestrian
Council approved a contract with Granite Construction in November 2019.
Construction
Traffic and
Public Works
Fall
2021
$ 22,889,453
-11011
Bicycle Overpass Project
Construction began in January 2020. The project construction completed on
Transportation
November 20, 2021, with a ribbon -cutting ceremony and a community
celebration.
This project undergrounded the existing overhead utility systems in the area
along the 400 block of West Charleston and El Camino Real. Staff completed
Underground District 46
cable, equipment installation and 100% of customer service conversions. The
EL -12001
Construction
Electric
Utilities
Fall
2021
$ 3,904,425
Charleston
construction for the final phase of the project to install two 60 foot tall steel
poles and to reconductor the 60 kV sub -transmission lines was completed in the
fall 2021.
This project improved the Pearson Arastradero Preserve parking lot by
OS
Pearson Arastradero Preserve
improving the base rock surfacing, adding drainage, widening the entrance for
Construction
Parks and Open
Community
Spring
2021
$ 170,300
-18001
Parking lot Improvement
safety, and new fencing. This new improvement will allow the overflow parking
Space
Services
area to be open year round. The work was completed in May 2021.
CB
Cubberley Community Center
This project developed the master plan for future use of the Cubberley
Study
Buildings and
Community
Spring
2021
$ 926,792
-16001
Master Plan
Community Center site by the City and Palo Alto Unified School District.
Facilities
Services
This project replaced the Building management System(BMS) controls for the
Cubberley Building
pavilion, Theater, Wing I, and Gyms A and B boiler rooms at the Cubberley
Buildings and
CB -19001
Construction
Public Works
Spring
2021
$ 350,000
Management Systems
Community Center. The project included the installation of control points for
Facilities
each building along with controllers, valve and damper actuators.
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Item 13
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Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP#
Project Name
Project Description
Project Type
Fund Source
Department
Completed
Completed
**
This project replaced the current ring down system that provides an audible
FD
Fire Ringdown System
in fire Ongoing installations in 2018
Construction
Buildings and
Fire Departent
Spring
2021
$ 400,144
-14002
Replacement
alert of calls the stations. started and were
Facilities
completed with Fire Station #3.
Internal Alarm System
The project replaced the citywide internal alarm system. The alarms at City Hall
Buildings and
Police
PD -14000
Construction
Winter
2021
$ 77,569
Replacement
migrated to this new system in FY 2019, but was completed in early 2021.
Facilities
Department
Self Contained Breathing
This project replaced the central air compressor that provides air for the self -
FD -20001
Apparatus (SCBA) Air
contained breathing apparatus (SCBA) tanks to ensure firefighter safety when
Construction
Buildings and
Fire Department
Spring
2021
$ 94,500
Facilities
Compressor Replacement
entering environments with hazardous air quality.
AP
Airport Electrical
This project replaced the outdated electrical panels for the Palo Alto Airport
Construction
Airport
Public Works
Winter
2021
$ 146,466
-20000
Improvements
office rental spaces. Construction was completed in January 2021.
This project built the California Avenue Area Parking Garage, as part of the 2014
Council Infrastructure Plan. The parking garage has 627 parking spaces with 2
New California Avenue Area
basement levels floors. features
Construction
Buildings and
Fall
$
PE -18000
Parking Garage
and 4 above grade The garage an automated
Facilities
Public Works
2020
50,119,976
parking space guidance system, EV charging stations, bicycle parking, and
motorcycle parking. The garage was opened to the public on December 8, 2020.
This project updated the individual sleeping quarters in the firehouse to address
PF-14002
Fire Station 1 Improvements
gender issues and privacy concerns. Fire Station #1 was the only fire station in
Construction
Buildings and
Public Works
Fall
2020
$ 187,064
the City that did not have separate bedrooms to accommodate male and female
Facilities
firefighters. This project was completed in fall 2020.
This project replaced gas services laterals constructed of Acrylonitrile-butadiene
styrene (ABS) or Tenite material on various streets. Council approved funding in
Gas ABS/Tenite Replacement
June 2019. The project replaced 104 ABS and Tenite gas services. The WQCP
GS -18000
ABS gas service is assigned to Utility Operations for replacement and the
Construction
Gas
Utilities
Fall
2020
$ 2,615,100
Project
remaining five ABS gas services will be scheduled for replacement once the five-
year moratorium ends on those streets. As of November 2020, this project is
complete.
This project replaced 1,750 linear feet of storm drain with 48 -inch diameter High
Density Polyethylene (HDPE) pipe and associated catch basins, laterals and
manholes. In addition to underground work, additional street restoration and
Loma Verde Avenue Trunk
concrete work was completed. Work includes resurfacing one full lane on Loma
SD -19000
Construction
Storm Drain
Utilities
Fall
2020
$ 2,976,813
Line Improvements
Verde from the beginning to the end of the project limits, replacement of
driveways, sidewalk, and 718 linear feet of curb and gutter. The contract was
awarded in June 2020, construction work began in August 2020, and was
completed in December 2020.
Item 13: Staff Report Pg. 75 1 Packet Pg. 342 of 410
List of Completed Projects
Item 13
Attachment A - CIP Project Status
Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP #
Project Name
Project Description
Project Type
Fund Source
Department
Completed
Completed
**
This project is part of the City's recent Seismic Upgrade and Emergency Water
Supply and Storage Projects. The reservoir was drained in 2012 for
approximately two years to allow extensive seismic rehabilitation work to be
WS
Mayfield Reservoir Subgrade
Subsequently hairline
Construction
Water
Utilities
Fall
2020
$ 600,000
-19000
and Venting Repair
performed and construction of a new pump station.
cracks were sealed in the reservoir. A geotechnical consultant was hired to
evaluate the tank foundation. This study was completed and there were several
options identified. Staff has completed the design and construction of the vent
This project undergrounded the existing overhead distribution system in the
Underground District 47
area bounded by Middlefield Road, Homer Avenue, Webster Street, and
EL -11010
Middlefield, Homer, Webster,
Addison Avenue. Installation of substructures and utility electric system is
Construction
Electric
Utilities
Fall
2020
$ 3,649,356
Addison
completed. Where possible, the overhead electric lines were removed and
poles cut down to the level of the communication lines.
This project replaced of 8,972 linear feet of wastewater mains. The sanitary
sewer mains, laterals, and manholes to be rehabilitated or replaced in this
Wastewater Collection
System
project are located in the Charleston Meadows neighborhood. Construction
Construction
Wastewater
Fall
2020
$ 4,434,839
WC -16001
Rehabilitation
started in February 2020 and was suspended for almost 3 months due to COVID-
Collection
Utilities
Augmentation Project 29
19 County's Shelter -in -Place Order. The project is complete as of December
2020.
This project modernized the existing elevators at parking Lot J. The project
involves upgrading the interior of the elevators, elevator control interface, call
PF-18000
Parking Lot J Elevator
buttons, and meeting current ADA standards. Construction started in April
Construction
Buildings and
Public Works
Spring
2020
$ 781,324
Modernization
2019. Project is complete except for the State final inspection on the second
Facilities
car. State is behind because of COVID, but the inspection should be done by the
end of July 2020.
This project replaced the existing Fire Station at Embarcadero Road and Newell
PE -15003
Fire Station 3 Replacement
Road with a new structure that meets essential services standards and current
Construction
Buildings and
Public Works
Winter
2020
$ 10,080,258
Facilities
program needs. Construction completed in March 2020.
This project included the recoating of four steel tanks. Work under this project
was included in the Seismic Upgrade of four Steel Tanks and the three Turnout
WS
Water Reservoir Coating
Projects. Once construction started, it was found that the Montebello Reservoir
Construction
Water
Utilities
Spring
2020
$ 2,141,172
-08001
Improvements
was in very poor condition. Due to escalating costs associated with roof
replacement, staff decided to complete construction of the Montebello
Reservoir and re-evaluate the remaining three tanks for replacement.
Item 13: Staff Report Pg. 76 1 Packet Pg. 343 of 410
List of Completed Projects
Item 13
Attachment A - CIP Project Status
Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP #
Proiect Name
Project Description
Project Type
Fund Source
Department
CMR Date
Completed
Completed
s•
This project replaced approximately 9,600 linear feet of structurally deficient,
WS
Water Main Replacement -
Sand Hill Road,
Construction
Water
Utilities
Spring
2020
$ 7,786,998
-13001
Project 27
aging, or corroded water mains and services along the mains on
Oak Creek Drive (5%) and Fulton Avenue.
This project enabled the design and construction of a high priority wastewater
Wastewater Collection
main and lateral replacement work to reduce inflow of rainfall and ground
WC -15001
System Rehabilitation
water into the collection system. The project replaced or rehabbed a total of
Construction
Wastewater
Utilities
Spring
2020
$ 5,665,897
Collection
Augmentation Project 28
7,655 linear feet of wastewater mains located in the Leland Manor/Garland,
Midtown West, and Lower Page Mill/Los Altos Hills areas of the City.
v
This project met the growing electric needs of the VA Hospital. Staff has had
C
numerous discussions with VA Hospital on electric load growth at the hospital
VA Hospital - Customer Load
and anticipated needs from the utility. Much of the cost is reimbursed to the
EL -17003
Design
Electric
Utilities
Spring
2020
$ 84,984
Requirements
City by the VA Hospital. Staff has prepared preliminary designs for interim
solutions and is awaiting additional information from VA to develop long range
plans to meet their future needs.
This project added electronic security systems at utility sites to protect
equipment at electric substations, water pumping plants, reservoirs, and gas
EL
Utility Site Security
from intrusion Cameras detection have
Construction
Electric
Utilities
Spring
2020
$ 1,644,681
-04012
Improvements
stations and vandalism. and systems
been installed at nine electric substations, three water stations, and one natural
gas station to monitor facilities.
This project rebuilt and replaced the underground electric system in
EL
Rebuild Underground District
Underground District 19, bounded by Forest Avenue, Waverley Street,
Construction
Electric
Utilities
Spring
2020
$ 149,023
-11008
19
the area
Addison Avenue, and Alma Street.
This project replaced Self Contained Breathing Apparatus equipment (SCBA)
used by firefighters when entering hazardous conditions when responding to
FD
Self Contained Breathing
fire hazardous incidents. The SCBA breathable for
Purchase
Buildings and
Fire Department
Spring
2020
$ 799,999
-18000
Apparatus Replacement
and materials provides air
Facilities
firefighters when entering environments where the atmosphere is immediately
dangerous to life or health. The expected service life for SCBAS is 15 years.
This project replaced the entire complement of twenty cardiac monitors in the
FD
Cardiac Monitor Replacement
Department. Along with other tools needed for patient assessment and airway
Purchase
Buildings and
Fire Department
Spring
2020
$ 850,000
-20000
verification, cardiac monitors assess cardiac activity in patients and provide
Facilities
defibrillation and pacing.
Item 13: Staff Report Pg. 77 1 Packet Pg. 344 of 410
List of Completed Projects
Item 13
Attachment A - CIP Project Status
Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP #
Proiect Name
Project Description
Project Type
Fund Source
Department
CMR Date
Completed
Completed
s•
This project included the construction of curb extensions and the installation of
PL
Downtown Mobility and
heads in 2019
Construction
Traffic and
Office of
Fall
2019
$ 1,819,847
-16001
Safety Improvements
new pedestrian signal and traffic signal modifications as part of
Transportation
Transportation
the Upgrade Downtown project.
This project replaced the Thermal Imaging Cameras (TICs) on all fire and
FD
Thermal Imaging Cameras
to help identify the location the
Purchase
Buildings and
Fire Department
Fall
2019
$ 99,000
-20002
Replacement
response vehicles used of victims; assess source
Facilities
of fires, smoke, and heat; to assist in creating a plan of action.
rn
CD
This project addressed areas that were identified in Wastewater Capital
0
N
Wastewater Collection
WC
System Rehabilitation
Improvement Project 17 (Cleaning and Video Inspection of the Collection
Construction
Wastewater
Utilities
Fall
2019
$ 3,131,595
-11000
C
System) as needing rehabilitation. This project was combined with Project 25
Collection
m
Augmentation Project 24
and 26(WC-12001; WC -13001).
0
Wastewater Collection
This project was combined with Project 24 and 25(WC-11001; WC -12001). All
WC -13001
System Rehabilitation
new service laterals were installed from the new sewer main to the new sewer
Construction
Wastewater
Utilities
Fall
2019
$ 3,309,998
Collection
Augmentation Project 26
cleanouts located in the City's right-of-way.
CB
Cubberley Track and Field
This project replaced the synthetic turf field, installed an all-weather track and a
Construction
Parks and Open
Public Works
Fall
2019
$ 1,851,708
-19000
Replacement
fitness area.
Space
PE
Baylands Boardwalk
This project replaced the existing boardwalk with similar alignment and
Construction
Buildings and
Public Works
Winter
2019
$ 2,123,681
-14018
Improvements
configuration.
Facilities
PE
City Hall Floor 4 Remodel
This project improved the Administrative Services Department offices on the
Construction
Buildings and
Public Works
Winter
2019
$ 494,818
-17009
fourth floor of City Hall.
Facilities
Lucie Stern Buildings
This project replaced and upgraded the mechanical, electrical, and fire/life
PE -14015
Mechanical and Electrical
safety systems at Lucie Stern Children's Theater, Lucie Stern Community
Construction
Buildings and
Public Works
Spring
2019
$ 6,142,607
Facilities
Upgrades
Theater, and Lucie Stern Community Center.
Planning and
PL
Quarry Road Improvements
This project included planning, design and construction of bicycle and
Construction
Traffic and
Community
Spring
2019
$ 5,148,378
-16000
and Transit Center Access
pedestrian improvements along Quarry Road,
Transportation
Environment
EL
Utility Control Center
This the Utility Control Center
Construction
Electric
Utilities
Winter
2019
$ 499,997
-17008
Upgrades
project upgraded working environment.
0)
CD
This project replaced approximately 23,700 linear feet of gas mains and services
N
N
GS -12001
Gas Main Replacement
along University Avenue and other streets in the Downtown North
Construction
Gas
Utilities
Spring
p g
2019
$ 11,658,997
Project 22
nieghborhood.
Wastewater Collection
This project was combined with Project 24 and 26 (WC -11001; WC -13001)
WC -12001
System Rehabilitation /
replacing 45,294 linear feet of sanitary sewer mains in university South,
Construction
Wastewater
Utilities
Spring
2019
$ 3,211,998
Collection
Augmentation Project 25
Professorville and Old palo Alto neigborhoods.
Item 13: Staff Report Pg. 78 1 Packet Pg. 345 of 410
List of Completed Projects
Item 13
Attachment A - CIP Project Status
Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP #
Proiect Name
Project Description
Project Type
Fund Source
Department
CMR Date
Completed
Completed
s•
This project provides funding for the design and construction of the sludge
WQ-14001
Dewatering ing and Loadout
dewaterin facility loadout dewaterin
Construction
Wastewater
Public Works
Spring
2019
$ 27,497,551
Facility
and truck to retire existing and sewage
g g g
Treatment
p g
sludge incinerators.
This project replaced approximately 11,000 linear feet of aging water mains and
Water Main Replacement
WS -12001
services which included water main replacement as part of the Upgrade
Construction
Water
Utilities
Spring
2019
$ 7,506,161
Project 26
Downtown Project.
This project improved the Planning and Community Environment (PCE)
Buildings and
PE -17009
City Hall Floor 5 Remodel
Construction
Public Works
Summer
2018
$ 525,000
Department offices on the fifth floor of City Hall.
Facilities
AC
Baylands Nature Interpretive
This project replaced worn out or non-functioning exhibits at the Baylands
Construction
Buildings and
Community
Summer
2018
$ 56,000
-14001
Center Exhibit Improvements
Nature Interpretive Center.
Facilities
Services
PE
Mitchell Park Adobe Creek
This bridge Adobe Creek in Mitchell Park.
Construction
Parks and Open
Public Works
Summer
2018
$ 250,000
-17000
Bridge Replacement
project replaced the existing over
Space
PD
Internal Alarm System
This project replaced the citywide system of panic alarms from various
Construction
Buildings and
Police
Summer
2018
$ 78,000
m
-14000
Replacement
departments and the Council chambers.
Facilities
o
N
EL -14004
Maybell 1&2 4/12kV
This project converted circuits 1 & 2 at Maybell substation from 4kV to 12kV.
Construction
Electric
Utilities
Fall
2018
$ 364,796
'a
E
Conversion
0
Security at City Gas Receiving
This project equiped the City's four Gas Receiving Stations with video
GS -15001
Construction
Gas
Utilities
Summer
2018
$ 150,000
Stations
surveillance systems.
Matadero Creek Storm Water
SD
Station
This project upgraded the capacity to the Matadero Creek Storm Water Pump
Construction
Storm
Summer
2018
-13003
Pump and Trunk Line
Station, which serves a low-lying 1200 -acre area of southeastern Palo Alto.
Drain
Public Works
$ 6,685,317
Improvements
Wildlife Hazard Management
The Wildlife hazard Management Plan identified the specific actions the airport
AP -16002
Study
Airport
Public Works
Summer
2018
$ 63,415
Plan
will take to mitigate the risk of wildlife strikes on or near the airport.
Wastewater Collection
This project replaced 16,859 linear feet of sanitary sewer mains of various sizes
Wastewater
WC -14001
System Rehabilitation
Construction
Utilities
Winter
2018
$ 4,022,455
on various streets.
Collection
Augmentation Project 27
This project analyzed flooding conditions and recommended flood control
co
PG
Buckeye Creek Hydrology
drainage for located
Study
Parks and Open
Public Works
Spring
2018
$ 167,741
o
-15000
Study
structures and and erosion control solutions the creek
Space
N
within Foothills Park.
c
Item 13: Staff Report Pg. 79 Packet Pg. 346 of 410
List of Completed Projects
Item 13
Attachment A - CIP Project Status
Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP #
Project Name
Project Description
Project Type
Fund Source
Department
CMR Date
Completed
Completed
s•
CalTrain Corridor Video
PE
Management System
This project replaced two existing gateway signs in the right-of-way for the
Construction
Streets and
Public Works
Spring
2018
$ 1,550,000
-17004
California Avenue business district.
Sidewalks
Installation
Parking Lot Q Elevator
Buildings and
Public Works
PF-16003
Modernization
This project modernized the existing elevator at Parking Lot Q.
Construction
Facilities
Fall
2017
$ 170,608
PE
Parks, Trails, Open Space, and
This master plan provided guidance on the recreation and improvement needs
Study
Parks and Open
Community
Fall
2017
$ 627,057
-13003
Recreation Master Plan
for Palo Alto's parks, trails, open space and recreational programs.
Space
Services
This project developed a plan for short, medium and long range improvements
PE
Rinconada Park Master Plan
to the regional park including the consideration of pathways, new restrooms
Study
Parks and Open
Community
Fall
2017
$ 541,355
-12003
and playgrounds, new landscaping, and revitalization of underutilized areas
Space
Services
within the park.
I-.
The project developed an inventory of all City -owned bridges and culvert
o
PE
Structural Assessment of City
structures, condition assessment, cost estimate for rehabilitation, and
Study
Buildings and
Public Works
Fall
2017
$ 198,529
-13012
Bridges
recommendation for future inspection frequencies, assessment and
Facilities
o
E
improvements.
v
Wastewater Collection
Combined with Project 25 and 26 (WC -12001; WC -13001), this project replaced
WC -11000
System Rehabilitation /
and/or rehabilitated approximately 42,398 linear feet of sanitary sewer mains of
Construction
Wastewater
Utilities
Fall
2017
$ 3,119,806
Collection
Augmentation Project 24
various sizes, 779 sewer laterals, and 121 sewer manholes.
Wastewater Collection
Combined with Project 25 and 26 (WC -12001; WC -13001), this project replaced
WC -13001
System Rehabilitation
y /
/42,3981inearfeetofsanitarysewermainsof
and/or rehabilitated approximately
Construction
Wastewater
Utilities
Fall
2017
$ 3,361,118
Collection
Augmentation Project 26
various sizes, 779 sewer laterals, and 121 sewer manholes.
This project completed the rehabilitation of the Palo Alto Municipal Golf Course,
Golf Reconfiguration and
PG
Baylands Athletic Center
including a new layout for the course, new prefabricated restroom, new water-
Construction
Parks and Open
Public Works
Fall
2017
$ 13,675,177
-13003
saving turf and irrigation system, and rebranded the course as the Baylands Golf
Space
Improvements
Links.
GS
Gas Main Replacement—
This project combined with GWR 19B & GMR 20 and replaced ABS gas mains
Construction
Gas
Utilities
Winter
2017
$ 2,364,937
-11000
Project 21
and services.
This project provided installation of approximately 11,869 linear feet of new
WS -11000
Water Main Replacement —
High Density Polyethylene (HDPE) water mains, 232 new HDPE water services,
Construction
Water
Utilities
Winter
2017
$ 5,445,069
Project 25
and 15 new fire hydrants within the City limits.
The 2015 Water System Master Plan identified present capital improvements
WS -15004
Water System Master Plan
and replacement rates required to ensure optimal reliability levels of service to
Study
Water
Utilities
Spring
2017
$ 500,000
the existing distribution and transmission systems.
Item 13: Staff Report Pg. 80 Packet Pg. 347 of 410
List of Completed Projects
Item 13
Attachment A - CIP Project Status
Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP#
Project Name
Project Description
Project Type
Fund Source
Department
Completed
Completed
**
Wastewater Collection
Combined with Project 22 (WC -09001). This project replaced and/or
WC -10002
System Rehabilitation /
rehabilitated approximately 33,497 linear feet of sanitary sewer mains of
Construction
Wastewater
Utilities
Winter
2017
$ 1,272,289
Collection
Augmentation Project 23
various sizes, 554 sewer laterals, and 102 sewer manholes.
Street Light System Street
EL
Light System Conversion
This project converted HPS streetlights to LED and the conversion of
Construction
Electric
Utilities
Spring
2017
$ 696,918
-10009
approximately 4500 cobrahead streetlight fixtures.
Project
Sand Hill / Quarry 12kV
This project installed new wire to connect circuits QR-24 and QR-27 in the Sand
EL -13006
Construction
Electric
Utilities
Winter
2017
$ 208,648
Intel
Hill/Quarry area.
EL
Electric Substation Battery
This batteries in City's
Construction
Electric
Utilities
Winter
2017
$ 400,000
-15001
Replacement
project replaced the all nine of the electric substations.
Stanford/Palo Alto Playing
PG -13001
Fields Soccer Turf
This project replaced the synthetic turf at the Stanford/Palo Alto Playing Fields.
Construction
Parks and Open
Community
Fall
2016
$ 1,499,979
Replacement
Space
Services
PG
Park Maintenance Shop
This project renovated and remodeled the Parks maintenance shop for safety
Construction
Parks and Open
Community
Summer
2016
$ 94,419
-09003
Remodel
and efficienciency upgrades.
Space
Services
PE
City Hall First Floor
This project installed new elevator control panels and replaced the gray -painted
Construction
Buildings and
Public Works
Summer
2016
$ 3,974,963
-12017
Renovations
panels inside the elevators.
Facilities
PE
Temporary Main Library
This project created a temporary main Library to be used while the new one was
Construction
Buildings and
Public Works
$ 156,254
-11012
being constructed.
Facilities
The project replaced decking, railings, structural framing members, exterior
Baylands Nature Interpretive
Buildings and
PE -15029
Center Facility Improvement
wood flooring, and cabinetry, restroom reconfiguration, and provided
Construction
Facilities
Public Works
Spring
2017
$ 889,452
Americans with Disabilities Act (ADA) improvements.
This project improved the children's playground and included park amenity
PE
Bowden Park Improvements
upgrades such as new playground equipment, a new retaining wall, surfacing
Construction
Parks and Open
Community
Summer
2016
$ 421,126
-13008
and pathway upgrades, planting restoration and irrigation renovations, and
Space
Services
replaced of damaged wood benches and the playground perimeter fence.
PE
Byxbee Park Trails
This project provided trail and site amenities over the remaining area of the
Construction
Parks and Open
Public Works
Fall
2016
$ 334,607
-13020
landfill cap.
Space
Item 13: Staff Report Pg. 81 Packet Pg. 348 of 410
List of Completed Projects
Item 13
Attachment A - CIP Project Status
Updates and Completed Projects Lis
Season
Year
Total Project Budget
CIP #
Project Name
Project Description
Project Type
Fund Source
Department
CMR Date
Completed
Completed
**
This project improved the Utilities Department administrative offices on the
PE
City Hall Floor 3 Remodel
third floor of City Hall. It included new carpet, wall reconfiguration, a
Construction
Buildings and
Public Works
Spring
2017
$ 440,000
-17002
kitchenette, cabinets, paint, soundproofing, office furniture, doors, and
Facilities
associated building systems.
Lucie Stern Buildings
This project replaced and upgraded the mechanical, electrical, and fire/life
PE -14015
Mechanical and Electrical
safety systems at Lucie Stern Children's Theater, Lucie Stern Community
Construction
Buildings and
Public Works
Summer
2016
$ 3,247,248
Facilities
Upgrades— Phase 1
Theater, and Lucie Stern Community Center.
PG
Sarah Wallis Park
This project improved site amenities with new concrete pathways, replaced old
Construction
Parks and Open
Community
Winter
2017
$ 65,000
-12004
Improvements
furnishings, and upgraded landscape with drought tolerant species.
Space
Services
This project replaced the perimeter fencing and gates surrounding the Palo Alto
AP -16003
Airport Perimeter Fence
Airport boundaries to prevent unauthorized access to the airport runway in
Construction
Airport
Public Works
Spring
2017
$ 2,003,540
accordance with Federal and State standards.
Channing Avenue/Lincoln
This project installed of 5,800 linear feet of 36 -inch to 60 -inch diameter storm
SD -11101
Avenue Storm Drain
drain along Channing and Lincoln Avenues over three project phases to increase
Construction
Storm Drain
Public Works
Winter
2016
$ 7,676,275
Improvements
drainage system capacity.
GS
Gas Distribution System
This project included the development, model installation, testing,
Study
Gas
Utilities
Summer
2016
$ 149,500
-14004
Model
documentation, and staff training of a natural gas distribution system model.
AC
Art Center Auditorium Audio,
This project replaced outdated audio visual equipment and furnishings
Construction
Buildings and
Community
Winter
2016
$ 150,000
-14000
Visual and Furnishings
following the auditorium's use as a temporary library.
Facilities
Services
1
PF-15000
Rinconada Pool Locker Room
This project renovated the Rinconada Pool locker room including the changing
Construction
Buildings and
Public Works
Winter
2016
$ 464,433
N
area, restrooms, and showers in the women's and men's locker rooms.
Facilities
n
E
V
N
This project installed new athletic fields, synthetic turf, field lighting, fencing, a
PE
El Camino Park Restoration
new restroom, scorekeeper booth and storage buildings, an expanded parking
Construction
Parks and Open
Community
Fall
2015
$ 5,611,122
-13016
lot, new bike and pedestrian pathways, landscaping, benches, and other
Space
Services
amenities.
Notes: ** Final Project Actuals may be different from Total Project Budget amounts
Grand Total
$ 353,550,656
Item 13: Staff Report Pg. 82 1 Packet Pg. 349 of 410
Item 14
Item 14 Staff Report
CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: City Manager
Meeting Date: April 22, 2024
Report #:2404-2879
TITLE
Independent Police Auditor's (IPA) Report of Review of Investigations Between July and
December 2023 and Police Department Use of Force Report for July - December 2023
RECOMMENDATION
Staff recommends that the City Council receive this information report including the most
recent report from the City's Independent Police Auditor at OIR Group.
BACKGROUND AND ANALYSIS
Since 2006, Palo Alto has utilized an Independent Police Auditor (IPA) to conduct secondary
review of certain investigations of uniformed Police Department personnel and provide related
services. Since the inception of the independent police auditing program, the City has
contracted with the Office of Independent Review (OIR Group), to provide these services. The
following report transmits the Independent Police Auditor Report on Investigations Completed
in the second half of 2023. For reference, the prior IPA report was published in September 2023
as an Informational Item'. The Police Department's website lists all past Independent Police
Auditor Reports, 2. Attachment A contains the IPA report for investigations completed
between July 2023 and December 2023. Per Council direction, the Police Department also
shares use of force information through a report provided alongside each IPA report, included
here as Attachment B and covers the same time period. The Police Department's responses to
IPA report recommendations are included here as Attachment C.
'September 2023 Independent Police Auditor Report:
https://www.cityofpaloalto.org/files/assets/public/v/1/police-department/accountabil ity/ipa-reports/iune-2023-
independent-police-auditors-report-and-papd-use-of-force-report.pdf
2 Palo Alto Police Department Accountability Webpage:
https://www.cityofpaloalto.org/Departments/Police/Accountability
Independent Police Auditor Reports Webpage:
https://www.citVofpaloalto.org/Departments/Police/Accountability/Independent-Police-Auditor
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Process to File a Complaint to the IPA
The public can find more information about filing a complaint through the link here:
https://www.cityofpaloalto.org/Departments/Police/Accountability/Employee-Complaint
Complaints may also be directed to the Independent Police Auditor as follows:
Contact: Or mail to:
Mike Gennaco OIR Group
Phone: (323) 412-0334 1443 E. Washington Blvd., #234
Email: Michael.gennaco@oirgroup.co Pasadena, CA 911
ENVIRONMENTAL REVIEW
The City's Independent Police Auditor activities are not a project under section 15378(b)(25) of
the California Environmental Quality Act Guidelines (administrative activities that will not result
in direct or indirect physical changes in the environment).
ATTACHMENTS
Attachment A: Independent Police Auditor's (IPA) Report of Review of Investigations Between
July and December 2023
Attachment B: Police Department Use of Force Report for July - December 2023
Attachment C: Police Department Responses to IPA Report
APPROVED BY:
Ed Shikada, City Manager
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INDEPENDENT POLICE AUDITORS' REPORT
[Review of Investigations Completed as of November 30, 2023]
Presented to the Honorable City Council
City of Palo Alto
2024
Prepared by:
OIR
GROUP
Michael Gennaco and Stephen Connolly
Independent Police Auditors for
the City of Palo Alto
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Introduction
This semi-annual report addresses cases that were completed by the Palo Alto Police
Department ("PAPD") in the second half of 2023, as reviewed by OIR Group — the City's
Independent Police Auditor.' Consistent with the expanded scope of work developed by the
City, the report covers internal investigations into allegations of officer misconduct, certain
qualifying use of force incidents, complaints raised internally by employees alleging
misconduct by fellow employees, and supervisory evaluations of instances in which PAPD
officers pointed a firearm while engaging with a member of the public.
Much of this report is devoted to a lengthy discussion of an excessive force incident that
eventually resulted in both administrative and criminal investigations and ultimate charges. It
involved the circumstances of a particular arrest and use of force that had criminal, civil, and
administrative facets. The incident dated back several years but was slow to work its way
through the various judicial and administrative proceedings. The last of its components was
only finalized near the end of 2023, when a supervisor — who had retired during the
pendency of the Internal Affairs review of his conduct — ended up pleading guilty to a pair of
misdemeanors. Meanwhile, the discipline processes for some of the other involved officers
had also just reached their resolution.
As we describe, several factors contributed to the protracted nature of the process, including
the civil litigation, the criminal investigation and prosecution, and the post -disciplinary
arbitration procedures. One of these, unfortunately, was a disappointing delay in PAPD's
internal recognition of the incident's severity after the involved sergeant and other on -scene
officers failed to report the sergeant's use of unreasonable force or the contemporary
allegations of such made by the detainee. As explained in detail below, even though the
involved and witness personnel had a responsibility to report the force and the detainee's
complaint and did not, PAPD's review protocols that should have identified serious concerns
with the underlying arrest also did not do so; it was only after a private surveillance video
1 OIR Group is a team of police practices experts that operates out of southern California and has
been involved in the independent oversight of law enforcement for more than 20 years. It is led by
Michael Gennaco, who is a former federal prosecutor and a nationally recognized authority in the
field of police oversight. www.oirgroup.com
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was provided to the City by the detainee's lawyer that the officers' acti Julyand December2o23 ocus
of a formal Internal Affairs investigation. And even then, the Department held its decision -
making on potential administrative charges for months after its internal investigation had
been completed.
Between the excessive force at the outset of the incident, the failure of the involved and on -
scene officers to fully report the incident and the slowness of the Department's recognition
and resolution of it, the case reflected poorly on PAPD — despite the ultimate firmness with
which it imposed (or sought to impose) accountability on involved personnel. Our lengthy
discussion of the case features recommendations that hopefully will contribute to improved
future responses should the Department be faced with a similar circumstance.
The report also includes the discussion of a matter that had become the subject of civil
litigation. We review the Department's administrative investigation into different aspects of
this arrest, which raised procedural questions and prompted both accountability and
changes in agency protocol.
The other misconduct allegation from within this reporting period was not supported by the
evidence. At the same time, we found it to be worthy of further, non -disciplinary attention —
which PAPD creditably provided. It was a good reminder that these cases are ideally a
forum not only for the redress of policy violations but an opportunity for constructive
enhancements to future performance.
This report also includes two cases from a new category within our scope. When the City
Council re-evaluated the role of the IPA as part of the post -Floyd police reform movement in
2020, it pushed for an expansion in the types of PAPD internal reviews that were to be
subject to independent scrutiny. One significant addition was the inclusion of what are
commonly referred to as "HR complaints" — allegations of workplace -related misconduct or
mistreatment that are generated by employees against other members of an organization.
The prior thinking was that such investigations, while clearly significant, fell outside the
realm of matters that the public considered most salient when it came to concerns about
police misconduct. The counterargument, though, is these kinds of intra-agency conflicts
can provide a meaningful window into leadership, culture, and accountability — all of which
have implications for broader operational effectiveness.
Accordingly, these cases are now part of our review mandate. Both completed
investigations that we cover here were coordinated through the City's Human Resources
management and were handled by an outside investigator to promote the objectivity of the
process. Both resulted in findings that relevant policies had not, in fact, been violated. But
the inquiries were also an occasion for a constructive consideration of the dynamics
underlying the original complaints.
We remain cognizant of the extra responsibility that our expanded scope of work has added
to the duties of our liaisons within the agency. We appreciate PAPD's cooperation and
patience in providing us with the materials we1eed and responding to our inquiries. More
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importantly, we are grateful for the willingness of PAPD management tLulyand December 2023 letter
of its obligations and engage candidly with us regarding individual cases and larger agency
trends.
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External Complaint Investigations July and December 2023
Case 1: Allegations of Excessive Force, Failure to Report, and
Additional Misconduct
Factual Overview:
On the date of the incident, a PAPD Officer (Officer 1) followed Mr. Gustavo Alvarez2 while
he was driving a vehicle. Mr. Alvarez drove to his residence and parked his car in his
carport. Officer 1 called out to Mr. Alvarez that he was being detained but Mr. Alvarez did
not heed the officer's instruction and entered his residence. Officer 1 requested assistance
and was soon joined by several other officers (Sergeant Wayne Benitez3, Agent Thomas
DeStefano4, Officer 2, and Officer 3). Eventually Sergeant Benitez kicked in the front door of
the residence, removed Mr. Alvarez, and arrested him.5
PAPD Police Reports
In the police report prepared by Officer 1 on the date of the incident, he describes observing
a vehicle that he recognized from a prior contact. According to the report, Officer 1 was
aware that Mr. Alvarez had a suspended license, but he was not able to see whether the
owner was driving. Officer 1 followed the vehicle, and it soon parked outside a residence
that he knew to be Mr. Alvarez's residence.
The report indicated that Officer 1 saw Mr. Alvarez exit the parked vehicle, at which time the
officer called out to him and told him he was being detained. According to the report, Mr.
Alvarez was non -compliant with the officer's instruction and walked inside of his residence.
Officer 1 then returned to his car and called for assistance.
Agent DeStefano, Officers 2 and 3, and Sergeant Benitez responded. The report indicated
that they attempted to convince Mr. Alvarez to come outside, but that these efforts were met
by Mr. Alvarez's "verbal taunts" from the threshold. According to the report, at this point
2 Ordinarily, the IPA does not identify complainants in its reports. However, because the identity of
Mr. Alvarez, the victim in this matter, has been widely and publicly disseminated by government
entities, including the City of Palo Alto, we have chosen to include his name for purposes of clarity.
3 Ordinarily, the IPA does not identify subject officers in its reports. However, because the identity of
former Sergeant Benitez has been widely and publicly disseminated by government entities,
including the City of Palo Alto, we have chosen to include his name for purposes of clarity.
4 Ordinarily, the IPA does not identify subject officers in its reports. However, because the City of
Palo Alto has publicly identified former Agent DeStefano, we have included his identity for purposes
of clarity.
5 As detailed below, all criminal charges lodged against Mr. Alvarez were eventually dismissed.
5
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responding officers approached the residence, Sergeant Benitez kicke JulyandDionsr2023 and
Mr. Alvarez was taken into custody. The report does not contain any description of the
arrest itself. The report indicated that after Mr. Alvarez was taken into custody, an
automated inquiry indicated that Mr. Alvarez's license was indeed suspended.
The police report describes locating drug paraphernalia on Mr. Alvarez's person and
transporting him to PAPD, where Officer 1 conducted a Drug Abuse Recognition
examination. The report indicates that, after receiving the Miranda advisement, Mr. Alvarez
acknowledged ownership of the drug paraphernalia but refused to consent to a blood test.
Sergeant Benitez's supplemental report indicates that he responded to aid Officer 1 once
Mr. Alvarez had gone into his residence. The report indicates that Sergeant Benitez
observed Mr. Alvarez standing in the open doorway of his residence while "acting like a
juvenile" and repeatedly calling "come and get me".
According to Sergeant Benitez's report, he and Agent DeStefano approached the door and
Mr. Alvarez "suddenly stepped back inside and shut the door." Sergeant Benitez wrote that
he tried to open the door and found it locked. Sergeant Benitez reported that he then told
Agent DeStefano he was going to kick the door open.
The supplemental report indicated that Sergeant Benitez then kicked the door twice, with
the second kick causing the door to open. Sergeant Benitez wrote that once the door was
open, he saw Mr. Alvarez in the doorway, and he grabbed him at the front of his shirt and
physically pulled him outside. Sergeant Benitez's report indicated that he and Officer 1 put
Mr. Alvarez on the hood of his car where he was handcuffed. Sergeant Benitez's
supplemental report concludes by noting that "no other force was used."6
Civil Litigation
Mr. Alvarez filed a claim approximately 5 t/2 months after the incident. It alleged that officers
had unlawfully detained him, used excessive force during his arrest resulting in injury, and
prepared false police reports. Approximately 8 t/2 months after the incident, the City sent a
letter to Mr. Alvarez rejecting his claim. The PAPD criminal investigator was informed that
approximately 10 months after the incident, a PAPD command staff member mentioned
having reviewed the officers' in -car video recordings' but without being able to see any use
6 Officer 3 prepared a supplemental report indicating that he was assigned to take a perimeter
position with no involvement in or view of the arrest. Neither Agent DeStefano nor Officer 2
prepared a report setting out their involvement.
7This incident preceded the Department's adoption of body -worn cameras for patrol officers. The
Department's vehicle -mounted cameras had, however, been in use for several years. That "Mobile
Audio Video" system is referred to below as "MAV."
6
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of force from that footage. As detailed below, it is unclear whether tha ,ulyInv and December 2023 rred
by the civil litigation.
Approximately 14 months after the incident, the attorney representing Mr. Alvarez provided
the City Attorney's Office with excerpts of a private surveillance video which depicted
aspects of the arrest, including an unreported use of force by Sergeant Benitez that aligned
with Mr. Alvarez's allegations.
Shortly after PAPD's review of the video, Sergeant Benitez was placed on administrative
leave pending the completion of an Internal Affairs investigation into the incident.
Approximately three weeks after providing the video to PAPD, Mr. Alvarez filed a federal
lawsuit against the City. It tracked the allegations set out in his original claim and further
alleged that threatening and discriminatory remarks were made toward him.
Several weeks later, the attorney provided to the media the excerpts from the home
surveillance video that he had provided to PAPD. This generated significant local coverage
and ensuing civic concern.
Twenty-one months after the incident, the City settled the law suit. The settlement required
a payment of $572,500 to Mr. Alvarez and his attorneys, a public apology from Sergeant
Benitez, and sworn police officer training on dealing with the LGBTQ community.
Home Surveillance Footage
As noted above, Mr. Alvarez's attorney had provided five segments of video and audio
captured from a surveillance camera outside the residence. At the time of the initial
segment, Mr. Alvarez's vehicle is already parked in the carport adjacent to the residence
and is occupied only by an unidentified male8 seated in its front passenger seat. Officer 1 is
depicted standing on the driver's side of the vehicle, while Mr. Alvarez is partially depicted
standing in the front doorway area of his residence. Mr. Alvarez can be heard repeatedly
asking Officer 1 about whether he knew for sure it was him driving. The footage records
Officer 1 repeatedly telling Mr. Alvarez that he is "detained" and directing him to come to
Officer 1's patrol vehicle. After inquiring whether the officer has a warrant, Mr. Alvarez can
be heard shutting the door of his residence as he says, "You cannot come into my house."
The segment ends with Officer 1 returning to his nearby patrol vehicle.
The second segment begins with Sergeant Benitez, Officer 1 and Agent DeStefano
approaching the front door of the residence. By this time, the vehicle is now unoccupied.
Officer 2 can be seen standing between the front of the residence and the passenger side of
Mr. Alvarez's parked vehicle. As Sergeant Benitez reaches the area of the front door, he
can be heard saying, "We're here now. Come on out," as he knocks on the door. Agent
8 This individual was not identified by PAPD during7the initial encounter or subsequent investigations.
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DeStefano states, "Come on out. Or we're going to kick the door in." ions Between,
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from within, "Do you have a warrant?" Agent DeStefano responds: "We don't need one."
Sergeant Benitez then asks, "Wanna boot the door?" Agent DeStefano responds in the
affirmative and tells Mr. Alvarez to "Get the fuck out." Sergeant Benitez is then observed
kicking the door twice. After the first foot strikes the door but before the second strike, Mr.
Alvarez is heard saying, "I'm coming out." As this is occurring, Agent DeStefano draws his
handgun to a low -ready position and Officer 1 is seen removing and readying a pair of
handcuffs. Agent DeStefano then points his gun in the direction of the doorway of the
residence from which Mr. Alvarez emerges.
Sergeant Benitez is then seen stepping forward toward the doorway, and out of the
camera's field of view. Agent DeStefano holsters his handgun and steps forward. Sergeant
Benitez and Agent DeStefano are observed pulling Mr. Alvarez out of the doorway by his
arms or clothing and placing him chest down on the hood of his vehicle. Sergeant Benitez
is positioned on the left side of Mr. Alvarez's body, Agent DeStefano is positioned on the
right side of his body, and Officer 1 is behind Agent DeStefano's right shoulder, leaning over
the hood from the front bumper area. As Mr. Alvarez is being pulled out toward the vehicle,
Officer 2 steps toward the door in an apparent effort to address another person in the
doorway. He remains in this position with his back to Mr. Alvarez throughout the ensuing
arrest.
As he is being pulled out, Mr. Alvarez can be heard saying "pendejo" which is Spanish for
"asshole." Sergeant Benitez replies, "You think you are a tough guy now?" As he says this,
Sergeant Benitez's right arm abruptly moves toward Mr. Alvarez's lower back or waistline.
Because the arm is completely obscured by Agent DeStefano's body, it is unclear whether
the sergeant's hand is open or closed and whether or how it makes contact with Mr.
Alvarez. As Mr. Alvarez remains chest down over the hood of the car, Sergeant Benitez
and Agent DeStefano are seen trying to gain control of Mr. Alvarez's hands behind his back,
while Officer 1 is observed attempting to apply handcuffs to Mr. Alvarez.
Sergeant Benitez then uses what appears to be his open right hand to strike the back of Mr.
Alvarez's head and presses his head down against the hood. As he does so, Sergeant
Benitez tells Mr. Alvarez to shut up. Mr. Alvarez responds by saying, "He just hit me."
Officer 1 successfully applies the second cuff to Mr. Alvarez's wrist. During the arrest,
Officer 2 can be heard saying twice to those inside the residence, "leave the door shut,"
which is followed by the sound of a door closing. Sergeant Benitez again says to Mr.
Alvarez, "You think you're a tough guy, huh?"
Once the handcuffs have been applied to Mr. Alvarez, Officer 1 is seen disengaging from
Mr. Alvarez and walking towards his patrol vehicle. At the same time, Agent DeStefano is
depicted disengaging from Mr. Alvarez, stepping back, and transmitting via his radio that Mr.
Alvarez had been arrested, while Officer 1 is walking away. Sergeant Benitez is observed
putting his right hand into the center of Mr. Alvarez's back and Mr. Alvarez is heard telling
the sergeant to stop pushing him. 8
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Sergeant Benitez is then observed grabbing the back of Mr. Alvarez's J JulyandDionsr2023 f his
hands in an apparent effort to stand him up. Almost immediately, Sergeant Benitez is seen
pushing Mr. Alvarez chest down onto the area of the hood that abuts the passenger side of
the front windshield. As he does so, Sergeant Benitez can be heard to say, "You think you
are a tough guy? Huh?" It appears as if Mr. Alvarez's chest makes contact with the hood of
the vehicle while his face appears to make contact with the windshield. Once the sergeant
stands up Mr. Alvarez again and begins escorting him along the passenger side of the
vehicle, Mr. Alvarez can be heard to say, "I'm bleeding." Sergeant Benitez can be heard to
say, "You're going to be bleeding a whole lot more."
A third segment of the surveillance footage shows what appears to be Mr. Alvarez's father
exiting the residence and asking in Spanish for the officers to look at his broken door.
Officer 2 replies, "That's so sad," and instructs the father to go back inside.
A fourth segment of the surveillance footage shows another sergeant who has come on
scene (Sergeant 2), and Agent DeStefano asking the remaining residents for the keys to Mr.
Alvarez's vehicle for purposes of towing it away. After Sergeant 2 backs Mr. Alvarez's
vehicle out of the carport, Sergeant Benitez enters the carport and asks Mr. Alvarez's father
if he speaks English. Sergeant Benitez asks another man if he speaks English and when he
says he does, he explains to the father that Mr. Alvarez was arrested for driving with a
suspended license and that Mr. Alvarez was required to open the door when asked to do so
by police. Sergeant Benitez tells Mr. Alvarez that the officers were lawfully entitled to force
entry when Mr. Alvarez refused to come out and said that the father was lucky that he was
not also arrested. The father asked if a warrant was required, and Sergeant Benitez tells
him no.
A fifth segment of the surveillance footage is from the next day and shows an Acting
Lieutenant and a Spanish-speaking officer talking with a man at the front door of Mr.
Alvarez's residence. It appears as though the purpose of the visit was to provide the
residents with information about how to file a claim with the City relating to the damage to
the front door as a result of the officers' forced entry. Again, the two PAPD employees
advise the residents that they had the right to force entry into the residence.
Other Recordings: Post Arrest Interactions Between Mr. Alvarez and PAPD
In a MAV recording from Officer 1's vehicle, Mr. Alvarez tells Officer 1 after arriving at the
station that he did not come out of his home when directed to do so because the police did
not have a warrant. Later, during the trip to the jail, Mr. Alvarez tells Officer 1 of the
presence of cameras at his residence.
A camera also captured video and audio footage in the police station. A review of that
footage depicts Mr. Alvarez and Officer 1 when at some point Mr. Alvarez tells Officer 1 that
his teeth hurt. Mr. Alvarez further tells Officer 1 that an officer hit him in the tooth today.
Officer 1 does not probe further but tells Mr. Alvarez that they are going to get him checked
out.
9
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Later in the sequence, Officer 2 arrives in the area and Mr. Alvarez tell July and December 2023 of
hurt "right now" but that somebody had hit his face and that his chin hurt. When the officer
suggests that he was hurt as a result of being placed on the hood of his car, Mr. Alvarez
repeats that "somebody hit me in the face." Officer 2 asks Mr. Alvarez if he wanted a medic
to see him prior to going to jail, but Mr. Alvarez says he is "good".
Sometime later, Officer 2 asks Mr. Alvarez if he was in a fight earlier. Mr. Alvarez says he
was not and asks why the officer is asking. Officer 2 refers to the disheveled appearance of
Mr. Alvarez's clothing and Mr. Alvarez replies, "That was you guys".
Finally, although Sergeant Benitez's car was not positioned in a way to recover any video of
evidentiary value, his wireless microphone did capture audio that tracks the surveillance
camera discourse described above. In addition, the audio captures Sergeant Benitez
having an interaction with Mr. Alvarez after he is being searched and placed in the back of
Officer 1's vehicle. During that discussion, Sergeant Benitez suggests that Mr. Alvarez
apologize to the officers for his behavior, which he ends up doing.
Sergeant Benitez's recording equipment also captures subsequent comments made by him
on scene. At one point, Sergeant Benitez is heard remarking as follows:
See how much they behave when we put our foot down. How quickly they behave
when we put our foot down and that's what we don't do enough of. There's a time.
Ya. This car is definitely going. We're going full court. And if dad comes out, he's
getting his ass going to jail too. Amazing how well behaved they become.
When one of the occupants of the residence approaches Sergeant Benitez and says
something inaudible, Sergeant Benitez says, "If you want to talk to us, you speak English or
bring somebody that speaks English." When the tow truck driver arrives, Sergeant Benitez
mentions to the driver that Mr. Alvarez was "gay". The Sergeant Benitez tells the driver:
"We're not gonna get shit on out here by these frickin' low lifes that are, you know, defying
us, running from us." Later he tells the driver: "We're not backing down. We're not going
away and getting a warrant and [coming back] another time."
PAPD Administrative Investigation:
The emergence of the private surveillance video fourteen months after the original incident
prompted the Department to consider the necessity of additional investigations considering
the criminal and administrative accountability issues it presented.9 The first of these to
9 In addition to the criminal and internal affairs investigations, the FBI informed PAPD that it had also
opened a criminal investigation into the incident and issued a subpoena to the City for records.
However, no apparent active investigation was conducted by the FBI and five years after the
incident, it advised PAPD that the five-year federal statute of limitations had run and accordingly, it
would take no further action. PAPD requested that the FBI provide that closure determination in
writing, but the Bureau declined to do so.
Zc
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begin was an Internal Affairs investigation, which PAPD initiated soon JulyandDecember2023 nce
video was provided. The following is a synopsis of that investigation and the evidence that it
produced:
Mobile Activated Video Audit Logs
One of the investigators assigned to the internal investigation reported that he reviewed the
Mobile Activated Video ("MAV") audit logs for officers involved in the incident. These logs
showed that, the day after the incident, Officer 2's MAV was accessed by the Acting
Lieutenant who had arrived at the scene after Mr. Alvarez had been taken into custody.10
Officer I Interview Statements
In his administrative interview, Officer 1 stated that he did not recall Sergeant Benitez using
force on Mr. Alvarez because the incident had occurred eighteen months prior11; he also
asserted that he was focused on Mr. Alvarez's hand and placing handcuffs on him. When
shown the video during his interview, Officer 1 said that it did not appear that the handcuffed
man was resisting when Sergeant Benitez pushed him into the windshield, and that the
force appeared to be unreasonable. Officer 1 further stated that he did not hear Mr.
Alvarez's remarks about him being hit and bleeding or Sergeant Benitez calling him a tough
guy and suggesting that he would bleed a lot more. Officer 1 said that after hearing the
sergeant's statements, he believed they were unnecessary, inappropriate, and
discourteous.
Officer 1 further said he did not recall Mr. Alvarez telling him that he had been struck by an
officer or that he was injured. When shown the footage of him doing so, Officer 1 said he
had no independent recollection of Mr. Alvarez's statements to him. Officer 1 stated that he
should have, per PAPD policy, included in his report the fact that Mr. Alvarez was offered
medical treatment and declined the offer.
Agent DeStefano Interview Statements
In his administrative interview, Agent DeStefano stated that he responded to the incident,
and he recalled that after Mr. Alvarez was grabbed by Sergeant Benitez, he recalled Mr.
Alvarez "actively resisting" efforts to get his hands behind his back to be handcuffed. Agent
DeStefano said that he recalled Mr. Alvarez "trying to pull away" and "throwing his weight
around." Agent DeStefano said he did not see Sergeant Benitez deliver any blows to Mr.
Alvarez. Agent DeStefano said he did not hear any of the officers say anything to Mr.
Alvarez other than Sergeant Benitez saying: "You think you're a tough guy now?" at some
10 Although this significant fact was cited in the investigative report, it would have been helpful if the
investigator had also included information about the logs of Officer 2 and the other involved officers.
11 As with the other subject officers, fourteen months of that delay was due to PAPD not learning
about the surveillance video, and two months was due to Officer 1's attorney not being available for
the interview. 11
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point. Agent DeStefano described Sergeant Benitez as "agitated" and July and Dions Be r 2023 id
he couldn't recall any additional remarks by the sergeant.
After being shown the video, Agent DeStefano said that because he could not determine
whether Mr. Alvarez was resisting Sergeant Benitez nor the exact blows or strikes delivered
by the sergeant, he could not offer an opinion about whether the force was reasonable.
Agent DeStefano did concede that a use of force report should have been prepared.
Agent DeStefano said that the sergeant's statement that Mr. Alvarez would be "bleeding a
lot more" violated policy because it was discourteous and unprofessional.
Agent DeStefano said that he recalled sending a message to another officer who had not
traveled to the scene that "the fuse was lit". Agent DeStefano said that his reference was to
Sergeant Benitez's "tough guy" remark and agitation with Mr. Alvarez's behavior.
Officer 2 Interview Statements
In his administrative interview, Officer 2 stated that he had his back to the other officers
because he was dealing with the other residents and telling them to go back inside when the
other officers were bringing Mr. Alvarez into custody. Officer 2 further stated that he did not
hear any of the verbal interaction between Mr. Alvarez and Sergeant Benitez during the
arrest.
When shown the video, Officer 2 described the strikes and push by Sergeant Benitez to Mr.
Alvarez as "not something [he] would do" and stated that they "did not look appropriate."
Officer 2 said that the push into the windshield appeared to be motivated by "anger" as
opposed to any resistance. Officer 2 said the statements by Sergeant Benitez to Mr.
Alvarez were inappropriate, unprofessional, and disrespectful.
Acting Lieutenant Interview Statements
In her administrative interview, the acting lieutenant said that she responded to the incident
after she heard "a door was kicked." She further stated that when she arrived, Mr. Alvarez
had already been placed in a police car. The acting lieutenant said that she thought she
walked over to look at Mr. Alvarez but was not sure if she spoke to him at the scene. The
acting lieutenant said she may have talked to Mr. Alvarez, but that he was not cooperative.12
Although Sergeant Benitez' MAV recordings pick up him advising the acting lieutenant of the
incident including the comment, "they're all behaving now," advising her that "Dad was
pretty much of an a -hole too" and telling one of the residents, "You want to talk to us speak
English or bring somebody who speaks English," she indicated in her interview that she had
no recollection of those comments being made.
12 The MAV recordings showed that the Acting Lieutenant remained on scene for approximately eight
minutes.
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According to the acting lieutenant, she called her supervisor about the nd December2023
supervisor instructed her to contact the residents and inform them of how to file a claim
regarding the door. The acting lieutenant said that she then advised the on -scene
sergeants of this direction. However, instead of complying, the sergeants took the occasion
to chastise the residents for Mr. Alvarez running from the police. The acting lieutenant
produced a text to her supervisor about this discussion:
Much to the irritation of [Sergeant Benitez], the damaged door jam folks now have a
card and a case number to contact the City Attorney if they choose. It was not
mentioned originally as I previously thought, a chastising about running from the
police was given instead.
The Acting Lieutenant said in her interview that had returned to the residence herself and
advised the occupants about how to file a claim for the damaged door. She believed she
had learned about the "chastising" from her review of Officer 2's MAV but was not positive.
The Acting Lieutenant said that approximately a month after the incident, she attended a
meeting with peers and a third level supervisor. The Acting Lieutenant said she brought up
this incident at the meeting including the irritation that seemed to be emanating from
Sergeant Benitez. The Acting Lieutenant said that she had also seen several videos of
Sergeant Benitez' MAV recordings of other traffic stops where he was "verbally rough".
While according to the Acting Lieutenant, the stops did not show violations of policy, she
was concerned that Sergeant Benitez's conduct should be addressed as an "early
intervention". According to the Acting Lieutenant, she was advised by her supervisor that
she should just "leave it alone", that it wouldn't be addressed, and not to watch MAV's
anymore.13
The tow truck driver was also interviewed but stated that he had no recollection of any
statements that Sergeant Benitez made to him.
Sergeant Benitez was initially scheduled for an interview, but he indicated that he was not
going to participate in the investigation.14
Within eight months of the commencement of the Internal Affairs investigation, all
investigative work had been completed. However, over two years passed between the
13 We have been advised that the new direction to supervisors that they stop reviewing MAV
recordings as a routine part of supervisory responsibilities emanated from the highest levels of
PAPD's administration.
14 As noted above, Sergeant Benitez was placed on administrative leave after the surveillance video
of the incident was presented to PAPD. He also declined to provide a statement to the criminal
investigator. Sergeant Benitez resigned from the Department approximately 19 months after the
incident.
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initiation of the case and the completion of the investigative report, find July and December 2023
executive review process, and filing of administrative charges against the involved officers.
It had been over three years since the incident.
Two of the officers who were charged with administrative violations appealed their discipline
to an arbitrator. It took another 2 t/2 years before the arbitrators issued their findings and the
proceedings were completed
Criminal Investigation
We have been advised that after PAPD reviewed the surveillance video, it discussed the
matter with representatives of the District Attorney who initially indicated no interest in
PAPD's pursuing of a criminal investigation. After Mr. Alvarez's attorney released the video
and it was publicized in the media, the District Attorney apparently revisited the issue and
requested that a criminal investigation occur.
As a result of this request, but some 18 1/2 months after the incident, PAPD opened a
criminal investigation into the incident and then forwarded the completed report to the
District Attorney for review. Most of the on -scene officers (Sergeant Benitez, Agent
DeStefano, Officers 1 or 2) declined to provide statements for the criminal investigation. As
detailed below, after PAPD's review was submitted, a DA investigator conducted additional
investigation.
In addition to the information provided to internal affairs investigators, the Acting
Lieutenant15 who arrived after Mr. Alvarez had been detained was interviewed by the PAPD
criminal investigator and she said that she was at the station when she heard the officers'
radio traffic. The Acting Lieutenant said that she didn't feel the information she heard over
the radio matched up, so she drove to the scene. When she arrived, she was advised about
the event by Sergeant Benitez. The Acting Lieutenant said that Mr. Alvarez had a "little
thing" above his eye but that Sergeant Benitez said that it was an old mark. The Acting
Lieutenant said she did not photograph Mr. Alvarez on the night of the incident.
The Acting Lieutenant described asking Mr. Alvarez if he would like assistance with
anything, but that Mr. Alvarez did not wish to engage. The Acting Lieutenant described
being specifically told by Sergeant Benitez that there was no use of force. The Acting
Lieutenant then called a supervisor to report the incident.
Agent DeStefano had approved Sergeant Benitez's supplemental report even though he
was of subordinate rank to him. Asked about this, the Acting Lieutenant said that it was not
15 The Acting Lieutenant is no longer employed by PAPD.
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"good" if a person of lower rank "approves" a report written by a serge Investigations
December 2023 as
seen that happen.16
The Acting Lieutenant also said that she met a woman sometime in the first half of year
2019 who came to the police department and wanted to talk to the Chief. The woman
wanted to complain about how the police were treating people in the neighborhood. The
Acting Lieutenant said that the woman was accompanied by a friend that she later realized
was Mr. Alvarez. The Acting Lieutenant said that as the conversation was ending, Mr.
Alvarez said he even had some video.
The PAPD criminal investigator also obtained PAPD car to car messages from the incident
date. Included in those messages was one from Agent DeStefano to Agent 3 (who did not
respond to the scene of the incident). The following messages occurred approximately
three hours after Mr. Alvarez's arrest:
Agent DeStefano: You missed out — the fuse was lit tonight.
Agent 3: That's my favorite thing ever... I saw it go off before when I was brand new
and I was like this is what its like in Los Angeles.
Agent DeStefano: Yup... it happened tonight.
The PAPD criminal investigator also reviewed a MAV recording from Sergeant 2's vehicle.
It captures a conversation between Sergeant 2 and Agent DeStefano in which Agent
DeStefano says that Mr. Alvarez "pissed off the wrong sergeant".
The PAPD criminal investigator reviewed a MAV recording between Officer 2 and Mr.
Alvarez. During that recording, Officer 2 asks Mr. Alvarez if he needs a medic and Mr.
Alvarez replies that he does not. Mr. Alvarez is also heard to say: "Somebody hit my face,
that shit hurts", "Ya, somebody hit me in the face", and "The camera can probably prove
that."
The PAPD criminal investigator recommended forwarding his report to the District Attorney
for consideration of the following charges: Peace Office Filing a False Report, Assault Under
Color of Authority, Battery.
An investigator from the District Attorney's Office conducted further investigation regarding
the incident after receiving the materials from PAPD. As part of that investigation, the
investigator reviewed the MAV of Sergeant Benitez. In addition to the statements identified
by the Internal Affairs investigator and discussed above, the investigator reported that after
Sergeant Benitez stated "You're gonna be bleeding a whole lot more," he had added,
"What's wrong? You're not so tough now?"
16 To its credit, PAPD revised its protocols to prevent this from happening on a going forward basis.
We discuss this change below.
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The DA investigator further noted the following statements by Sergean ,uIy and December 2023
captured by his MAV: "So we're going to tow the car too. It was used in the commission of
the crime. No leniency here."
In addition to the statements referenced by the PAPD investigators, the DA investigator
noted the following statement from Sergeant Benitez: "We put our foot down and they're all
behaving themselves now."
In addition to the statement referenced by the PAPD investigators, the DA investigator noted
the following statement from Sergeant Benitez to the tow truck driver: "I think they're trying
to get the keys from the guy... this guy.... Flaming assholes in this family."
In referencing the comment made by Sergeant Benitez to the tow truck driver about Mr.
Alvarez being gay, the DA investigator noted that the comment is followed by laughter.
In reviewing Officer 2's MAV recording, the DA investigator noted the following dialogue
between Officer 3 and Officer 2:
Officer 2: Hi, How are ya?
Officer 3: Good.
Officer 2: Something finally happened.
Officer 3: I know we can actually do something for once. Changing of the guard
around here.
Officer 2: Only because we have a new Chief. So we can actually be cops again.
Officer 3: (Laughing) I know.
The DA investigator noted that later, when Officer 3 began to conduct an inventory search of
the car prior to it being towed, Officer 3 is heard to state:
Let's see what kind of disgusting stuff he had in here.17
In reviewing Agent DeStefano's MAV recording, the DA investigator noted that Agent
DeStefano is laughing when recounting the incident to Sergeant 2. The sergeant is then
heard to say: "The fuse was already lit earlier today, dude".
In reviewing Sergeant 2's MAV recording, the DA investigator noted that Sergeant 2 asks
Mr. Alvarez's family for the key to the vehicle. The DA investigator indicated that the
recording picks up the following exchange that appears to be between Sergeant 2 and
Agent DeStefano (who is laughing).
17 This comment, even though not communicated to a member of the public, is entirely inappropriate
for Officer 3 to have made. If PAPD has not addressed the impropriety of this comment with Officer
3, it should certainly do so.
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Wrong person to say that to. You know [Sergeant Benitez] was duly and December ionsBe 2023 tow
that shit. Lucky he didn't get [put to sleep].
The DA investigator noted that it was unclear who is saying what, as only Sergeant 2's
microphone is unmuted.
The DA investigator reviewed the recordings from the camera at the PAPD police station.
He noted that Officer 1 asked Officer 2: "Do we need to get him checked for all the
scratches?" Officer 2 replies: "Is that from us or something else?"
The DA investigator notes that later Officers 1 and 2 have the following exchange:
Officer 1: I don't want to get turned around from jail.
Officer 2: Why?
Officer 1: Because of the scratches.
Officer 2: Pull his shirt up... He doesn't know about it.
Officer 1: My question is should I just go straight to Stanford?
Officer 2: This isn't an injury that requires going... Just a scratch.18
The DA investigator further noted that the recording from the PAPD station camera showed
Mr. Alvarez continuing to touch the right side of his face while he was being processed. The
investigator wrote that at one point, Mr. Alvarez puts his finger into the right side of his
mouth and looked at the finger.
The DA investigator noted that the PAPD station camera captures this exchange between
Mr. Alvarez and Sergeant Benitez:
Man: I'm taking this to trial. I'm not scared of you guys.
Sergeant Benitez: Well, you should be afraid of the police.
Man: I am. I'm not afraid to go to court.
The DA investigator's report further indicated that Officer 1's MAV video featured Agent
DeStefano in the PAPD parking lot. According to the DA investigator's report, Agent
DeStefano sees Agent 2 and walks toward him, smiling. The report indicates that Agent
DeStefano can be heard saying: "Don't light the fuse" and "The fuse got lit" as he walks past
Officer 1 and towards Agent 219. The report further indicated that Officer 3 joins in the
18 The reference to getting turned around from jail is apparently a concern that the jail would not
accept an injured individual until he receives medical attention and is cleared to be booked. The
reference to Stanford is the local hospital where injured arrestees are routinely sent for examination
and treatment.
19 Agent 2 is no longer employed by PAPD.
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conversation. According to the report, Agent DeStefano can then be s July and December 2023 he
incident. The report indicates that Agent DeStefano appears to grab, then slam his hand
down on a patrol vehicle with enough force for the hit to be picked up on Officer 1's
microphone and then slaps his hand down a second time.
The DA investigator reviewed the above -reported message exchange between Agent
DeStefano and Agent 3 (who did not respond to the location). In addition to that reported by
the PAPD criminal investigator, the DA investigator noted the following exchange:
Agent 3: Amazing, I love it... that's a 100% real cop's cop right there. We got to 8720
later. I want to hear it and to tell you what I saw before. Allegedly.
Agent DeStefano: Let me know.
As part of the investigation, the criminal investigator received materials from the attorney
representing Mr. Alvarez in the civil litigation. One document noted as received was a letter
from Sergeant Benitez to Mr. Alvarez, dated approximately 21 months after the incident.
The letter states:
I am sorry for my actions during the arrest of Mr. Alvarez. Regrettably, I lost my
composure and hope the settlement allows Mr. Alvarez to move forward with his life.
Sincerely, [Sergeant Benitez]21
Twenty-seven months after the date of the incident, the District Attorney's Office announced
that it would not be filing any criminal charges in the case due to a lack of evidence.
However, one week later, the DA's Office announced that it would be reconsidering the
matter in light of a newly discovered and liberal statute of limitations. Four months after that
announcement, the DA's Office reported that it had filed criminal charges against Sergeant
Benitez. He was charged with two misdemeanors: assault under color of authority and
falsifying a police report.
Fourteen months after the charges were filed, the now -former Sergeant Benitez pleaded
guilty to those charges. As part of the plea agreement, former Sergeant Benitez was placed
on one year probation and required to attend both anger management classes and LGBTQ
sensitivity training.
PAPD Administrative Review: Investigator's Findings and Conclusions
Thirty-eight and a half months after the incident, the lead Internal Affairs investigator
authored a memorandum setting out the findings for the case.
20 87 is a radio code indicating to meet up.
21 As set out above, the apology letter was apparently written to fulfill a requirement of the settlement
agreement in the civil litigation. 1E
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The internal investigator reviewed the evidence and found that after Mr. Alvarez had been
handcuffed, Sergeant Benitez forcefully grabbed Mr. Alvarez by his jacket to stand him up
and began to walk him back toward the patrol vehicles. The investigator found that
Sergeant Benitez then abruptly and forcefully pushed Mr. Alvarez's upper body into the
hood and windshield area of the vehicle. The investigator noted that as he did so, Sergeant
Benitez said, "You think you're a tough guy, huh?"
The investigator concluded that at the time this occurred, Mr. Alvarez was no longer
resisting (if he ever was) and was not an imminent threat to the officer or others. The
investigator reasoned that the statement by Sergeant Benitez supported the idea that the
sergeant was acting out of frustration or anger and not using a technique designed to gain
control in response to resistance. The investigator noted that Sergeant Benitez's statement
that Mr. Alvarez was going to "bleed a whole lot more" belied any argument that the
sergeant was dispassionately using force to overcome any resistance. The investigator
concluded that Sergeant Benitez's force was unreasonable and unwarranted.
The investigator further found that Sergeant Benitez failed to document his use of force in
his police report, as required by policy. The investigator noted that Mr. Alvarez told
Sergeant Benitez he had been injured, but the sergeant failed to include this fact in his
report. As a result, the investigator found that Sergeant Benitez authored a report he knew
to be misleading. The investigator further found that Sergeant Benitez failed to notify a
ranking supervisor who arrived on scene later of his use of force, also contrary to PAPD
policy.
The investigator noted that while handcuffing Mr. Alvarez, Sergeant Benitez told him to "shut
up" and that once he was handcuffed, Sergeant Benitez taunted him by calling him a "tough
guy." The investigator further observed that when Mr. Alvarez said he was bleeding,
Sergeant Benitez replied by stating that he would "be bleeding a whole lot more." The
investigator found that the statements were not made for any legitimate purpose and found
the comment about "bleeding a whole lot more" to be tantamount to a threat. The
investigator found that Sergeant Benitez's comments were discourteous and disrespectful in
violation of PAPD policy.
Additionally, the investigator found that Sergeant Benitez commented negatively about the
people residing in the area when speaking to the tow truck driver. The investigator found
that the remark was innately derogatory and supported a finding that Sergeant Benitez used
derogatory language in contravention of policy.
The investigator concluded that the following policy violations should be sustained as to
former Sergeant Benitez:
• False or misleading report
• Unreasonable force
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• Discourteous treatment of the public July and December 2023
• Derogatory language
• Failure to report force.
Officer I
The investigator found that there was insufficient evidence to prove that Officer 1 saw or
heard the force and statements by Sergeant Benitez. However, the investigator noted that
Mr. Alvarez after the incident repeatedly advised Officer 1 that he had been struck by an
officer and that his tooth hurt. The investigator pointed out that PAPD policy requires
supervisor notification when an individual alleges being struck, and that Officer 1 had not
done this.
The investigator noted that while Officer 1 offered Mr. Alvarez medical treatment (which Mr.
Alvarez declined), Officer 1 failed to document Mr. Alvarez's complaint of pain or injury and
his subsequent refusal of treatment. The investigator noted that Officer 1 conceded that his
failure to include this information in his report to be a violation of policy.
The investigator found that the following policy violations should be sustained:
• Failure to report a use of force
• Failure to document an offer of medical treatment and refusal.
The investigator found that the following potential policy violations should not be sustained:
• Failure to intercede or timely report
• False reporting.
Agent DeStefano
The investigator found that Agent DeStefano was in the immediate vicinity of the use of
force. The investigator noted that after Mr. Alvarez had been placed in handcuffs, Agent
DeStefano observed that Sergeant Benitez had pushed Mr. Alvarez back down onto the
vehicle. The investigator noted that Agent DeStefano concluded that Sergeant Benitez had
done this to overcome further resistance from Mr. Alvarez. The investigator noted that
Sergeant Benitez's report did not mention any use of force. The investigator concluded that
even if Agent DeStefano did not recognize the force as unreasonable, he had witnessed it.
He then reviewed and approved Sergeant Benitez's report, which failed to properly
document this force. As a result, the investigator concluded that Agent DeStefano
knowingly approved a report that was inaccurate and unacceptable.22
22 The fact that a subordinate officer "approved" a report written by a supervisor was not expressly
addressed in the investigation. This was because unfortunately, it was allowed at the time per policy
and practice. As discussed in more detail below, a policy change prohibited the future continuation
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The investigator noted that as Sergeant Benitez's was kicking the door ,Inv and December 2023
DeStefano drew his weapon, which appeared at one point to be pointed at Mr. Alvarez. The
investigator further noted that Agent DeStefano assisted Sergeant Benitez in controlling Mr.
Alvarez on the hood. The investigator concluded that contrary to PAPD policy, Agent
DeStefano failed to document pointing his firearm at a person as well as the force he
employed to handcuff Mr. Alvarez.
The investigator found that the following policy violations should be sustained:
• Failure to document a use of force
• Failure to document a pointing of firearm
• Inadequate supervisory report review.
The investigator found that the following potential policy violation should not be sustained:
• Failure to intercede or timely report.
i1iiMiJJ
The investigator found that there was insufficient evidence to establish that Officer 2 saw
Sergeant Benitez's excessive force as he had his back toward the incident when the force
occurred. However, the investigator found that Mr. Alvarez had told Officer 2 that he had
been struck by an officer and that his tooth hurt. As a result, the investigator concluded that
Officer 2 violated PAPD policy when he failed to makes the required supervisory notification
in response to an allegation of being struck by an officer.
The investigator also found that Officer 2 offered medical attention to Mr. Alvarez but failed
to prepare a report documenting the complaint of pain and his officer of treatment. The
investigator noted that Officer 2 conceded that his failure to include this information in a
report was a violation of policy.
The investigator found that the following policy violations should be sustained:
• Failure to report a use of force
• Failure to document an offer of medical treatment and refusal.
The investigator found that the following potential policy violations should be unfounded:
• Failure to intercede or timely report.
Executive Review of Completed Investigation
Thirty-nine months after the incident, the command staff member assigned to conduct the
first level review of the matter noted that the failure of the incident to be discovered by the
Department in a timely fashion eroded the community's trust in the Police Department and
precluded PAPD from addressing it in a manner more contemporaneous to the event's
occurrence.
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The initial reviewer disagreed with the investigator's conclusion relatin July and December 2023 fan0
and found that the officer did fail to promptly report an unreasonable use of force by
Sergeant Benitez. The reviewer concurred with the finding Agent DeStefano more likely
than not observed Sergeant Benitez abruptly and forcefully push Mr. Alvarez chest -down
onto the windshield/hood area of his vehicle. The reviewer found that once Mr. Alvarez was
lifted off the hood of the vehicle by Sergeant Benitez and standing upright, the video shows
Agent DeStefano's head in direct line of sight of what was occurring. The reviewer also
found that as Sergeant Benitez began his motion to slam Mr. Alvarez on the
windshield/hood of the car, he told Mr. Alvarez "You think you're a tough guy?" and that
Agent DeStefano's head was fixed toward Sergeant Benitez and Mr. Alvarez.
From there, the reviewer differed from the investigator in an important respect: namely,
whether there was clear evidence that, at the time Sergeant Benitez used this force, Agent
DeStefano recognized that Mr. Alvarez was no longer resisting and did not appear to pose
an imminent threat. To the reviewer, it was more likely than not that Agent DeStefano
recognized the force as not only having occurred, but also to have been unreasonable.
The reviewer further found that Agent DeStefano later reviewed and approved Sergeant
Benitez's falsified police report that failed to document this force, knowing that the report
was false and inaccurate.
The reviewer found that another factor supporting this finding was Agent DeStefano's failure
to document any of his actions and observations at the scene; including the force he himself
used to take Mr. Alvarez into custody. The reviewer concluded that this failure by Agent
DeStefano was to minimize his role in what occurred in the carport area. The reviewer also
found important Agent DeStefano's subsequent "re-enactment" of Sergeant Benitez's
actions as further evidence that he observed the sergeant's excessive force.
The reviewer also found that Agent DeStefano had ample opportunity to report the force to
an acting lieutenant and another sergeant who both arrived on scene within minutes of the
incident. The reviewer noted that subsequent video shows Agent DeStefano in the
immediate presence of the acting lieutenant and having multiple conversations with the
other sergeant, but that he declined to report his use of force or Sergeant Benitez's use of
force to them.
The reviewer found that Agent DeStefano's statements, actions, and demeanor throughout
this incident revealed a clear lack of professionalism that reflected unfavorably upon the
Department. The reviewer found that the investigation, including information about Agent
DeStefano's subsequent descriptions to colleagues, provided insight into what Agent
DeStefano thought about this incident: that what happened to Mr. Alvarez was amusing and
provided an entertainment opportunity to be shared with others. The reviewer noted that
Agent DeStefano laughed at the scene while telling another supervisor about what
happened to Mr. Alvarez, commenting that Mr. Alvarez had "pissed off the wrong sergeant,"
sending a message to another officer that he "missed out" because "the fuse was lit tonight"
22
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and then "acting out" the incident on the hood of a patrol car after sayi duly and December 2023 e
fuse."
The reviewer noted that even though Sergeant Benitez was no longer employed by Palo
Alto as a sworn police officer, the Department chose to proactively complete the analysis
and findings portion of the allegations against him. Consequently, the reviewer did a full
assessment. This included a finding that the sergeant had failed to exercise self-control
during the incident and noted that his actions resulted in criminal charges.23 The reviewer
found that, in addition to his criminal behavior, Sergeant Benitez's statements, demeanor,
and attitude failed to uphold Department expectations and standards, especially as a senior
sergeant. The reviewer cited Sergeant Benitez's referring to the residents of the area as
"frickin' low lifes", taunting Mr. Alvarez by calling him a "tough guy", telling Mr. Alvarez to
"shut up", threatening that Mr. Alvarez was going to be "bleeding a whole lot more", and
describing Mr. Alvarez as gay and making fun of his behavior. The reviewer also found that
not only did the evidence support a finding that the report was misleading, but it also
supported a finding that Sergeant Benitez knew the report was false. The reviewer
concluded by indicating that, had Sergeant Benitez still been a member of the Department,
his actions would have warranted severe discipline, up to and including termination.
The reviewer noted that the incident also had provided the Department an opportunity to
revise policies, maximize the use of technology, provide training, seek input on policing
initiatives and policy reform, and engage with community stakeholders on greater
transparency and accountability, with the hope that such actions would lessen the likelihood
of a similar incident from occurring in the future. As examples, the reviewer noted the
following initiatives:
• Equipping all officers with body -worn cameras
• Requiring that reports be reviewed and approved by a person of greater rank than
the author
• Review and reform of use of force, tactics, and de-escalation
• Greater emphasis on community engagement, transparency, and accountability
• Expanding the IPA's scope of services to provide additional oversight of Department
investigations involving force
• Training on topics that included Tactical Communication, LGBTQ Awareness for
California Law Enforcement24, Critical Incident and De-escalation, and Strategic
Communication.
23 As noted above, those charges eventually resulted in a criminal conviction against Sergeant
Benitez. That conviction had not occurred at the time the reviewer authored his memorandum.
24 As noted above, the LGBTQ training was required as one of the conditions of the agreement
settling Mr. Alvarez's civil lawsuit. We have been advised that the training had actually already been
scheduled on PAPD's in-service calendar prior to the settlement.
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Imposition of Discipline and Appeals July and December 2023
Agent DeStefano
Approximately 40 months after the incident, Agent DeStefano received notice that PAPD
intended to terminate his employment with the agency. It advised him that PAPD had found
that Agent DeStefano had violated the following policies:
Duty to intercede
Failure to report use of force
Failure to review reports for accuracy
Failure to document his pointing of a firearm
Conduct unbecoming.
To support the termination decision, the notice also referenced an earlier 2017 suspension
of 88 hours for driving while intoxicated in a "hit and run" DUI collision.25
The notice concluded as follows:
Regarding the 2018 incident with Mr. Alvarez, you failed to document your own use
of force, failed to notify a supervisor of excessive force that you witnessed, and then
approved reports you knew to be false. Your conduct was despicable and has had
an extremely negative impact on the public's trust in this Department. You covered
up an unjustified use of force that eventually came to light only because of Mr.
Alvarez's home surveillance system and his pursuit of legal claims against the City.
For these reasons, termination is the appropriate penalty.
Skelly Decision: Agent DeStefano
Agent DeStefano exercised his Constitutional rights to a Skelly determination.26 The Skelly
officer declined to modify the initial determination and discipline after hearing from the Agent
and his attorney.
Arbitration Decision: Agent DeStefano
25 The Arbitrator noted that Agent DeStefano had received performance evaluations over the years of
Meets or Exceeds Standards or Outstanding, served as a field training officer, had been promoted to
the rank of Agent, and had also received multiple commendations and awards in his tenure with the
Department.
26 The "Skelly" process affords peace officers the right to have their proposed discipline be
reconsidered by a different decision -maker within the agency; an attendant hearing often features a
response by the involved officer to the proposed findings.
24
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Agent DeStefano proceeded to arbitration after receiving the final disci duly and December 2023 n
conclusion of the arbitration hearing and five years and eight months after the incident, the
arbitrator upheld PAPD's disposition and decision to terminate the officer.
Officer 1
Officer 1 was initially provided notice of PAPD's intent to terminate him from employment.
The notice indicated that Officer 1 had violated PAPD's policy requiring notification following
a use of force and his failure to document the fact that Mr. Alvarez had advised Officer 1
that an officer had hit him as well as his failure to document that Officer 1 had offered Mr.
Alvarez medical assistance.
The notice indicated that Officer 1's failure to notify a supervisor of Mr. Alvarez's allegations
and document his refusal of medical treatment as required by policy had a grave impact on
the Department's ability to ensure a timely review of the incident. The notice indicated that
Officer 1's failure to follow the rules appeared to have been a deliberate effort to make sure
the use of force was covered up.
Skelly Determination: Officer 1
The Skelly officer determined that the policy violations should be sustained, but that Officer
1 had "taken responsibility" for his actions in a meaningful way.27 As a result, based on the
findings of the Skelly officer, PAPD decided to reduce the discipline from termination to a
serious suspension.
Arbitration Decision: Officer 1
Following the Skelly hearing and final notice of suspension, Officer 1 took the matter to an
arbitration hearing. The arbitrator ultimately imposed a more than five -fold reduction of the
suspension.
During the arbitration, Officer 1 did not dispute that he had violated the policy violations set
out in the notice. However, the arbitrator found that the following "mitigators" made his
violations not egregious and not deserving of a significant suspension:
• Officer 1 was relatively inexperienced.
• Officer 1 was not familiar with all of PAPD's rules.
• Officer 1 accepted responsibility for his actions.
• Officer 1 did not believe Mr. Alvarez's allegations that he had been struck by an
officer.
• Officer 1 was remorseful and had rehabilitated himself.
• Officer 1 had no prior disciplinary history.
27 While Officer 1 did admit that he failed to follow policy relating to his reporting requirements, his
almost complete lack of recall relating to any of the events of the incident calls into question the
degree to which he accepted responsibility. 2E
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Officer 1 is not likely to reoffend. July and December2023
The arbitrator found that the officer had not deliberately tried to "cover up" the use of force
and that Officer 1 did not see the use of force when it occurred. It noted that the Skelly
officer, in reducing the discipline from termination to a significant suspension, had similarly
found that Officer 1's actions were not deliberate or intentional. The arbitrator also accepted
Officer 1's argument that because he was a new officer, he did not fully understand the
policies that he needed to follow.
The arbitrator concluded that Officer 1 did not deliberately fail to comply with the rules but
was only negligent. Accordingly, he completely accepted the Officer's attorney's
recommendation to reduce the discipline to a low-level suspension — to the point of adopting
the suspension award that his lawyer had suggested.
Officer 2
Officer 2 was initially provided notice of PAPD's intent to terminate him from employment.
The notice indicated that Officer 2 had violated PAPD's policy requiring notification following
allegations of injury by Mr. Alvarez as well as his allegations that he had been hit in the face.
Officer 2 was also have found to have violated policy by his failure to document his offer of
medical attention to Mr. Alvarez. The rationale for this finding was similar to the rationale for
the finding against Officer 1.
Once Officer 2 was advised of PAPD's intent to terminate him, he decided to retire from the
Police Department.28
IPA Review and Analysis
Without question, this case certainly qualifies as the most complex and significant episode
in our tenure as the Independent Police Auditor for the City. The combination of severe
misconduct, the number of officers involved as subjects, and the halting, multi -faceted, and
convoluted process with which it was addressed lends itself to a number of observations,
which we set forth below. Additionally, we offer recommendations that ideally will provide
additional grist for PAPD in reckoning with the implications of this chapter in its recent
history.
A. The decision to conduct the administrative investigation internally was fraught and
problematic.
28 California Senate Bill 2 (Cal. Penal Code § 13510 et seq) requires police agencies to notify
California's Peace Officer Standards and Training ("POST") of officers who voluntarily leave employ
while administrative proceedings of misconduct are under way. The legislation is an effort to prevent
officers who leave one agency under a disqualifying cloud to find employment as a peace officer at
another agency. We have been advised that PAPD has advised POST of the circumstances
surrounding Sergeant Benitez' retirement, and the arbitration finding against Agent DeStefano.
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We have been advised that after the surveillance video was provided t July and December 2023)s1O11
was made at PAPD's highest level to keep investigative responsibility for the administrative
case within the agency, rather than delegating that role to an independent outsider acting on
the authority of the Chief. 29 If the allegation had been simply one of excessive force by
Sergeant Benitez, the case could have been well -handled internally. However, in light of the
complicated dynamics involved, there were significant disadvantages to this approach.
As described in detail above, the force used by Sergeant Benitez had not been timely
reported by either him or any of the on -scene witness officers, which created special
complexities. This enlarged the focus of the investigation significantly, and eventually
resulted in four PAPD sworn officers subject to potential termination for the force and the
failure to appropriately report it. Moreover, as explained below, the initial information and
the failure of PAPD to timely learn of the excessive force and additional misconduct by
Sergeant Benitez meant that the investigation could have (and should have) looked into
whether anyone in PAPD either learned or could have learned of the misconduct before the
surveillance videos surfaced. That inquiry would have likely required that command staff be
interviewed as part of the investigation — a problematic task for a PAPD assigned
investigator of equal or subordinate rank.
While the internal investigators assigned to the matter conducted a creditable investigation
in the face of challenging circumstances, as explained above, the initial findings as to Agent
DeStefano ended up being countermanded by the first reviewer. In essence, the PAPD
investigators were placed in a difficult position which could have been alleviated had the
investigation been referred outside of the Department.
RECOMMENDATION 1
PAPD should assign administrative investigations to outside investigators when
factors such as failure to report force, multiple involved subjects, and discovery
delays suggest inherent complications.
B. The tolling of the Internal Affairs investigation resulted in an unnecessary delay in its
completion and the accountability of involved officers.
As detailed above, it was fourteen months after the incident that PAPD was given the
surveillance video. We have been advised that, after reviewing the video excerpts, it
discussed the matter with representatives of the District Attorney who initially indicated no
interest in having PAPD pursue a criminal investigation. As a result, PAPD opened an
Internal Affairs investigation. However, we were advised that after Mr. Alvarez's attorney
29 As we have noted in previous IPA reports, PAPD has a past practice of assigning selected
administrative cases to outside investigators; the results, in terms of the quality of the work product,
have generally been positive in our view.
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criminal investigation to occur.
Unfortunately, there is no documentation in the investigative file that explains this sequence
of events. Guidance and interest in a criminal investigation by the prosecuting authority
should be documented and included in the investigative file, so that any tolling or
interruption in the completion of the internal investigation and review can be better
understood.
PAPD could have held its internal investigation until the criminal investigation and District
Attorney review was completed, to its credit it continued with evidence -gathering, and all the
investigative work was completed in eight months. However, instead of proceeding to a
disposition, the investigation was then held, apparently to wait for the District Attorney
review to be completed. Even after charges were announced by the District Attorney
against Sergeant Benitez, the Internal Affairs investigation continued to be held. As a result,
it was more than three years after the incident before the involved officers received notice of
PAPD's intended disciplinary outcome. And then it took another 2 t/2 years before the
arbitration hearings had been completed and the arbitrators reported their findings.
This was suboptimal in many respects. It is true that, per California statute, law
enforcement agencies generally have one year to complete an internal investigation and
notify involved officers of any intent to discipline. It is also true that the one-year clock does
not begin until PAPD has "knowledge" of potential violations of policy, and that the one-year
statute can be tolled when related criminal matters are pending. In this case, because
PAPD's actual notice was not until it had been provided with the surveillance video and
because there were ongoing criminal proceedings, it was technically possible for PAPD to
delay resolution of the administrative matters without forfeiting its eventual right to take
disciplinary action.30
There is some argument that waiting for the criminal case to resolve is preferable, so that an
agency can use the results of those proceedings to shape its internal response or to avoid
any interference with the prosecution. However, the policy arguments for proceeding apace
with the internal proceedings in this case significantly outweigh any reason advanced to
delay them.
First, the investigation of this case was already delayed for over a year because of PAPD's
failure to timely learn of the excessive use of force and other misconduct. Second, after the
surveillance tapes were released to the public, there was strong additional interest in
resolving pending issues as soon as was practicable. Third, while Sergeant Benitez retired
30 In fact, since the criminal case against Sgt. Benitez was not resolved until recently, PAPD could
have held the Internal Affairs disposition until then, and well into 2024. Extrapolating a similar 2 1/2 -
year timeline for the arbitrators' hearings and determinations, the internal proceedings could have
well extended to 2026 or 2027.
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within a few months of the internal investigation being commenced, Ag,nyandDonsree23 nd
other subject officers continued to receive pay while the internal investigation was tolled for
another eighteen months. Finally, the delay in the administrative case meant that all the
involved officers had the specter of serious administrative consequences hanging over them
for many months.
Simply because an agency can delay an internal investigation when there are ongoing
criminal proceedings does not mean it should. In this case, once it discovered that this
incident involved serious potential administrative issues for multiple officers, PAPD should
have moved swiftly toward completing the internal investigation and review process in order
to reach dispositions relating to the misconduct of the involved officers.
RECOMMENDATION 2
PAPD should develop protocols that instruct internal investigators to document any
discussions with the District Attorney regarding potential criminal investigations into
alleged officer misconduct.
RECOMMENDATION 3
PAPD should develop protocols that call for the completion and resolution of
administrative investigations absent special circumstances, even when it could delay
them because of outstanding criminal proceedings or other tolling provisions.
C. The Internal Affairs investigation did not address missteps on the part of Officer I that
resulted in the suppression of evidence and dismissal of criminal charges against Mr.
Alvarez.
Through his attorney, Mr. Alvarez filed a motion to suppress evidence that supported the
criminal charges lodged against him. The court ruled in his favor in this regard, which led to
the eventual dismissal of all criminal charges. The basis for the suppression of evidence
focused on the failure of Officer 1 to confirm whether Mr. Alvarez's driver's license was, in
fact, suspended prior to effectuating a detention.
Officer 1 testified at the hearing that he knew Mr. Alvarez from prior dealings with him and
had been advised a few weeks prior to the incident that a fellow officer had ticketed Mr.
Alvarez for driving with a suspended license. Officer 1 testified that prior to the detention he
had run the license plate of the vehicle, which came back to Mr. Alvarez as well as the
address at which he had parked the car. However, Officer 1 testified that prior to attempting
to effectuate a detention, neither he nor any of the other responding officers ran a records
check confirming that Mr. Alvarez's license was suspended until after his arrest.
The court found that Officer 1 lacked reasonable suspicion to effectuate a detention
because there was a failure to confirm that Mr. Alvarez's driver's license was suspended
prior to detaining him. As a result, the court granted the suppression motion, including the
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drug paraphernalia and other evidence obtained during the search of h ,uly and December 2023 ing
the suppression of evidence, the District Attorney subsequently dismissed all criminal
charges against Mr. Alvarez.
This issue was also raised in Mr. Alvarez's lawsuit. And while the transcripts of the
suppression hearing and the lawsuit allegations were accessed and included in the internal
affairs investigation, the issues relating to this aspect of Officer 1's missteps were not
addressed. Even though this performance failure was not the initial focus of the internal
investigation, investigators are trained to be cognizant that an investigation may reveal
additional potential violations of policy; if they do, the scope of the investigation should be
expanded accordingly. In this case, the procedural errors of Officer 1 should have been
identified in the investigative report and considered in determining the appropriate
disposition.
The broader issue is that, but for the excessive force allegation and surfacing of the
surveillance video, PAPD would not have learned about the potential performance
deficiencies of Officer 1 relating to the unconstitutional detention. This is because the
dismissal of the criminal case did not by itself trigger additional administrative review of the
incident.
Unfortunately, PAPD is not alone in law enforcement in failing to devise an effective
feedback system to learn when officer mistakes lead to the suppression of evidence and the
dismissal of charges. The judicial system can provide an important check when officers are
found to have violated the Constitution. It is incumbent on a police agency to devise a
system whereby such decisions are learned and, when appropriate, provide the basis for
further review and corrective action.
RECOMMENDATION 4
PAPD should instruct internal affairs investigators to ensure that any potential
performance issues are identified and addressed in the investigative report.
RECOMMENDATION 5
PAPD should work to devise an effective system so that officer performance issues
that undermine a criminal prosecution can be communicated back to the agency for
any appropriate investigation and corrective action.
D. Supreme Court jurisprudence that was decided after this case makes it questionable
whether PAPD officers currently would have the legal authority to forcibly enter a residence
under similar circumstances.
As detailed above, Mr. Alvarez repeatedly questioned whether the officers could break the
door of his residence, pull him out, and arrest him without first obtaining a warrant. Further,
as set out above, the officers and supervisors all told Mr. Alvarez and co -residents that they
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did not need a a warrant to effectuate the arrest.31 Importantly, the la July and December 2023 t the
time. However, recent U.S. Supreme Court jurisprudence suggests that under a similar set
of circumstances police would not have the legal authority to forcibly enter a home to
effectuate a misdemeanor arrest
In Lange v. California, 594 US , (2021), the Court found that an officer who followed a
motorist who had not stopped when he turned on his overhead lights but instead went into
his garage was not justified in doing so. It held that the pursuit of a fleeing misdemeanor
subject does not automatically justify a warrantless entry into a home. The Court noted that
a warrantless entry requires exigency such as a need to act to prevent imminent injury, the
destruction of evidence, or a subject's escape, and that mere flight alone is not sufficient.
Because Lange was decided after the incident, the officers and supervisors cannot be
faulted for not knowing of the Supreme Court direction subsequently provided on the
parameters of warrantless misdemeanor entry. However, since the case has been decided,
we were interested to learn whether PAPD had advised its officers on the restrictions on
warrantless entry as set out by the Lange opinion. In the Alvarez incident, there was no
indicia of imminent injury, the destruction of evidence, or escape. As a result, the
warrantless entry by Sergeant Benitez would arguably no longer have any legal support. To
PAPD's credit, it did advise its officers in 2021 of the import of the Lange decision in a case
law update.32
E. The decision to break the door, enter the residence, and arrest Mr. Alvarez was
unnecessary and inconsistent with progressive policing practices.
In addition to the forced entry and arrest having a tenuous legal foundation, a broader point
is whether it was necessary to do so to effectively resolve the matter. As detailed above,
the offense of driving with a suspended license had already been observed by Officer 1. Mr.
Alvarez was known to PAPD. Instead of pushing to arrest or cite Mr. Alvarez that night,
Officer 1 could have simply written a report with the salient facts and submitted it to the
District Attorney. The suspected offense was a non-violent relatively minor misdemeanor
and there was no need to effectuate an arrest that evening. Assuming the District Attorney
31 Though the issue was not expressly discussed in the investigation, the PAPD reviewer also opined
that the entry into Mr. Alvarez's residence was lawful and within applicable policy at the time. Again,
the uncertainty of the law at that time makes that opinion a reasonable interpretation.
32 During the investigation, Agent DeStefano alleged in his internal affairs interview that there was
urgency to enter the residence with out a warrant and arrest Mr. Alvarez to prevent him from either
accessing a weapon of destroying or concealing contraband. But as detailed above, at the time that
a warrantless entry was made, Mr. Alvarez was only suspected of driving on a suspended license
and failing to respond to Officer 1's direction after he pulled his car into the driveway. There were no
indicia that Mr. Alvarez was armed or that there was any "contraband" relating to the misdemeanor
offenses he was suspected of having committed. 31
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approved the requested charge, Mr. Alvarez could have been cited an �ulyandDionsr2023 rt
proceedings could have advanced without incident.
We have been advised that Officer 1 has been advised about how the situation could have
been addressed in a manner that achieved the same public safety interest while lessening
potential conflict. We suggest that PAPD continue to talk with its line officers about better
strategies that reduce potential police/community conflict yet achieve similar public safety
objectives.
RECOMMENDATION 6
PAPD should continue to identify and promote problem -solving strategies that result
in less conflict and reduce potential use of force situations.
F. The decision to tow Mr. Alvarez' car, while legal on its face, was likely retaliatory.
A common traffic stop scenario involves an initial moving violation that leads to a detention,
during which the police become aware that the operator is driving with a suspended license.
Under that set of circumstances, the law provides officers the discretion to have the car
towed, since the driver cannot legally operate the vehicle and leaving the vehicle on the side
of the roadway has safety and other implications. Even then, though, and when applicable,
officers have the discretion to allow a passenger with a valid license to drive the car away,
thereby avoiding the need for a tow.
In this case, the scenario was somewhat unique. Mr. Alvarez had completed his trip and
had parked his car in the carport area immediately adjacent to his residence. Thus, the
normal rationale for towing the car was not present.
Nonetheless, as detailed above and captured by the MAV audio, Sergeant Benitez decided
that there would be "no leniency" in this case because of Mr. Alvarez's refusal to come out
of his residence.33 In essence, the towing of his car (and the attendant towing and storage
charges that resulted) appeared to be retaliatory, a tax of sorts imposed by Sergeant
Benitez for Mr. Alvarez's perceived "contempt of cop".34 Again, this or similar scenarios
could be used as a teaching moment on effective use of officer discretion — an example of
the principle that just because an officer can take enforcement action does not mean the
officer should.
RECOMMENDATION 7
33 Sergeant Benitez can also be heard on the MAV instructing officers that the towing charges will
cost Mr. Alvarez another $135 dollars and instructing them to "go for blood" regarding their dealings
with Mr. Alvarez.
34 According to Mr. Alvarez's civil complaint, after he was released from custody, he was unable to
pay the monies necessary to retrieve his vehicle from impound.
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PAPD should use this or similar scenarios to reinforce to officer July andDionsr2023
discretion should be wisely employed and to avoid taking any action that could I
interpreted as retaliatory.
G. Prior to the ultimate emergence of the private surveillance video, PAPD had multiple
opportunities to learn that this incident involved a questionable use of force and other
inappropriate conduct that needed to be investigated.
As discussed above, when Sergeant Benitez used excessive force against Mr. Alvarez and
made inappropriate comments to him in conjunction with that excessive force, neither he nor
any of the other on -scene officers reported the use of force and the inappropriate
comments. Moreover, after Mr. Alvarez was arrested, and he reported to officers that he
had been hit and injured during the use of force, that colloquy was also not documented.
And it was not until fourteen months later, after the attorney for Mr. Alvarez visited the City
Attorney's office and provided surveillance video of the incident, that PAPD's leadership
became aware of the problematic use of force.
Unquestionably, the failure by Sergeant Benitez and other witness officers to meet their
reporting obligations per policy created challenges for the Department in
contemporaneously learning about the incident's numerous problems. However, as detailed
below, there were multiple other opportunities during which PAPD could and seemingly
should have learned about the misconduct before it finally did via Mr. Alvarez's attorney.
The Initial Response
As detailed above, after his arrest, Mr. Alvarez made several comments to the involved
officers about a camera that he thought would have captured the incident. First, as Mr.
Alvarez was being transported to the station, the MAV records that Mr. Alvarez informs
Officer 1 that cameras would have recorded the use of force. Additionally, during a
conversation with Officer 2, Mr. Alvarez tells him that the camera could prove that he had
been hit in the face. However, neither of those officers pursued any inquiry with Mr. Alvarez
about a camera possibly recording the incident or advised an uninvolved supervisor of this
information. Had they done either, it would have likely spurred further inquiry of Mr. Alvarez
and the discovery of the surveillance camera. That could have led to accessing the footage
of the incident and a timely investigation.
As also described above, an acting lieutenant and uninvolved sergeant responded to the
scene after Mr. Alvarez had been brought into custody and placed in a patrol car. And a
review of Sergeant Benitez' MAV recordings shows that the acting lieutenant was privy to
some concerning comments made by Sergeant Benitez, either to her or in her presence.
Significantly, the MAV audit logs show that the acting lieutenant also accessed Officer 2's
MAV the day after the incident — evidence that also could well have contributed to concern.
As detailed above, there are concerning comments made by Officer 2 on scene, including
his comment about "finally something happened". Moreover, if the acting lieutenant had
reviewed Officer 2's MAV in its totality, she weld have heard about the discourse between
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Officer 2 and Mr. Alvarez at the station, where Alvarez talks about bein ,I ny and December Between
declining an offer of medical treatment) — comments that should have triggered additional
inquiry. Because the audit logs only confirm that the acting lieutenant opened the MAV
recording and not the extent to which the recording was viewed, the most plausible
explanation is that unfortunately she did not conduct a full review of Officer 2's MAV.
Finally, when the acting lieutenant returned the next morning with a Spanish-speaking
officer to advise the family that they could file a claim for the broken door, they could have
inquired of the occupants about whether the residence had any cameras that might have
captured the incident. However, because these potential leads were not pursued, none of
the information the acting lieutenant learned at the scene or through the review of Officer 2's
MAV caused her to take any further action or inquiry.
Supervisors' Meeting Where Conduct of Sergeant Benitez Is Raised
As detailed above, the acting lieutenant told internal investigators that a few weeks after the
incident, she raised concerns at a second -and third -level supervisor's meeting about
Sergeant Benitez's rough verbal manner as evidenced by this incident (as well as others).35
She reported to have asked whether an intervention was appropriate. According to the
acting lieutenant, after she raised her concerns about Sergeant Benitez, she was instructed
at the meeting that no further action would be taken regarding her concerns. Concernedly,
the internal investigation did not pursue this assertion by the acting lieutenant and did not
interview the supervisor who reportedly instructed her not to take any further action
regarding Sergeant Benitez. The internal investigation should have.36
RECOMMENDATION 8
When information emerges during an internal investigation about potential
shortcomings in managerial response to the underlying performance issues in the
case, those issues should be pursued through additional lines of inquiry — including
follow-up interviews of named personnel.
Filing of Civil Claim
As detailed above, the City was placed on formal notice approximately 5'/z months after the
incident that Mr. Alvarez was alleging multiple acts of officer impropriety. In that claim, Mr.
Alvarez alleged that he was subjected to excessive force, unlawful detention, and false
35 The meeting was not convened to discuss Sergeant Benitez' performance particularly but was
instead a regularly scheduled supervisors meeting where a number of other matters were also
discussed. During this meeting, the acting lieutenant raised the conduct of Sergeant Benitez.
36 The acting lieutenant's report that PAPD command staff was aware of concerns relating to
Sergeant Benitez's performance in the field was also raised at Agent DeStefano's arbitration
hearing, yet PAPD did not apparently pursue this issue at that juncture either.
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reports lodged against him. It is unclear when PAPD was notified by t JulyandDr2023 eipt
of the claim. However, assuming that the claim was forwarded to PAPD for review, it would
have afforded an opportunity for PAPD to assess the allegations and their potential
legitimacy. Had that inquiry resulted in a thorough review of the officers' MAV recordings
and surveillance camera recordings that captured Mr. Alvarez' complaints at the police
stations (which it minimally should have), it would have learned of evidence that went
toward corroborating Mr. Alvarez's allegations. However, whatever investigation into the
civil claim that occurred was insufficient to uncover the excessive force and other
misconduct by the PAPD officers.37 Instead, the City summarily denied the claim three
months after its receipt.
Review of MAV Videos by Command Staff Member
According to the PAPD investigator who conducted the criminal investigation, a command
staff member reviewed some of the involved officers' MAV videos approximately ten months
after the incident.38 It is unclear what prompted this review by the command staff member,
but the timeline of events may offer a clue as to the interest in doing so. As detailed above,
the City's rejection of Mr. Alvarez's claim occurred about six weeks before this review of the
MAV recordings. The suppression hearing which led to the dismissal of criminal charges
against Mr. Alvarez occurred approximately a month before this MAV review. And the
attorney for Mr. Alvarez sent out a preservation notice39 to the City of Palo Alto
approximately two weeks before this MAV review, signaling that Mr. Alvarez was interested
in moving forward with a lawsuit. At the time, the command staff member who ended up
reviewing some of the MAV recordings was the designated person for addressing litigation
matters involving PAPD.
The PAPD investigator reported that the command staff member that accessed those
videos was not able to see any use of force from the car cameras. A review of the MAV
audit logs40 confirms that a PAPD command staff member did access the MAV videos of
Sergeant Benitez, Agent DeStefano, and Officer 1 — which did not capture the force incident
because of the way the patrol cars were positioned. However, as detailed above, the MAV
video/audios did provide significant indicia of a problematic incident, even if the actual force
was not depicted. This includes, for example, the inappropriate comments of Sergeant
Benitez such as "You are a tough guy" and "You will be bleeding a whole lot more."
37 The IPA was not provided any materials related to the investigation of the civil claim.
38 This command staff member is no longer employed by PAPD.
39 A preservation notice is a request made of the City to preserve all reports and evidence relating to
the allegations in the claim.
4° The MAV audit logs create an audit trail whenever the MAV recordings are accessed and note the
name of the employee that accessed those recordings.
3�
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Moreover, Sergeant Benitez's wholly inappropriate comments after the ,Uiy and December onsBe 202
truck driver were also discernible. In addition, as detailed above, the audio and video
material from PAPD's camera at the station and the officers MAVs also featured ample grist
for further concern (and led to the ultimate development of allegations against Officers 1 and
2).
As the internal investigator eventually did undertake months later, a full review of those
recordings would have identified Mr. Alvarez complaining that he had been injured by
officers and the fact that two responding officers had offered Mr. Alvarez medical treatment
but had not documented it. An internal affairs investigation could then have been triggered
months before the presentation of the surveillance tape by Mr. Alvarez's attorney.
Unfortunately, the command staff member's apparent less than thorough review of the MAV
recordings did not result in the misconduct that had occurred being discovered.
Visit by Mr. Alvarez to the Police Station
Finally, as noted above, the acting lieutenant reported that while she did not know the
precise date, some time prior to the acquisition of the surveillance video from Mr. Alvarez's
attorney, she had met with a neighborhood activist a who raised issues about poor
treatment by police. At that time, Mr. Alvarez, who had apparently accompanied the activist
as a show of support, referenced the incident involving him and advised the acting
lieutenant that it had been captured on videotape. However, the acting lieutenant did not
contemporaneously document this fact, follow up with Mr. Alvarez to endeavor to acquire
the video, or report the communication up the chain of command. As a result, an
opportunity was lost to learn of the misconduct earlier in time.
Systemic Reform: A More Robust Response to Civil Claims
Under current PAPD protocols, had Mr. Alvarez shown up to the station and requested to
file a civilian complaint about the incident, it would have triggered an internal investigation.
Yet in this case the filing of the claim by Mr. Alvarez that was essentially a complaint of
misconduct, did not cause a personnel investigation to be initiated.
While the filing of a claim is essentially a civilian complaint with a price tag attached, existing
PAPD protocols did not apparently result in the same type of investigative response as a
civilian complaint would have done. When a claim is filed alleging misconduct on behalf of
PAPD officers, it should trigger a robust documented initial inquiry, including a thorough
review of any existing documents and recordings of the incident. If that initial review
indicates a potential violation of policy, the initial review should be transformed into a full-
blown internal affairs investigation. As set out above, in this case, a robust review of the
recordings would have identified problematic conduct and likely violations of policy. It is
unfortunate that current procedures did not afford for such in this case.
RECOMMENDATION 9
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PAPD should devise protocols so that every claim that alleges July and December 2023
thoroughly reviewed and investigated as if a civilian complaint had been received.
H. The Major Reduction of the Discipline by the Arbitrator Reviewing Officer 1's Misconduct
Shows the Structural and Practical Defects of Such a System41
The Racial and Identity Profiling Advisory Board (RIPA), which consists of current and
former law enforcement officials, civil rights and oversight advocates, legal scholars, and
experts in the field, recently released its annual report. In that report, the RIPA Board found
that using binding arbitration for peace officers' disciplinary appeals raises accountability
concerns. One of the concerns identified by the RIPA Board is that arbitrators often reduce
disciplinary penalties for officers found liable for misconduct. The RIPA Board also noted
that having an arbitrator as the final say on discipline allows for third parties who are not
generally from the community to make final disciplinary decisions that overturn police
supervisors' decisions. The report noted that, according to researchers, the tendency for
arbitrators to side with officers is likely, because police officers often have some level of
influence over the selection of arbitrators.42
In Palo Alto, any employee who is subject to formal discipline can select either an appeal
with the City Manager or binding arbitration:
If the aggrieved employee elects final and binding arbitration in accordance with this
provision, the parties shall mutually select an arbitrator. In the event the parties
cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators
from the California State Conciliation Service or from the American Arbitration
Association if either party objects to the State Conciliation Service, and select an
arbitrator by the alternate strike method.
Thus, in Palo Alto, the attorneys retained to represent the police employee have significant
say in who is selected to hear the arbitration and total veto power over any arbitrator who
has upheld police disciplinary determinations in the past.
As noted above, while in Agent DeStefano's arbitration, PAPD's decision to terminate the
officer was upheld, Officer 1's discipline was reduced more than five -fold by the arbitrator.
41 Because the City's binding arbitration post -disciplinary system had a significant impact on the
eventual resolution of the administrative charges, it is incumbent on IPA to provide an independent
assessment of those proceedings.
42 See also, "Police Arbitration" Professor Stephen Rushin, Vanderbilt Law Review, Vol. 74:4:1023.
(2021) (Study finds that arbitrators on appeal reduced or overturned police officer discipline in 52%
of these cases. In 46% of cases involving termination, arbitrators ordered police departments to
rehire previously terminated officers. On average, arbitrators reduced the length of officer
suspensions by approximately 49%); "Police Arbitration and the Public Interest", Professor Stephen
A. Plass, Harvard Blackletter Law Journal, Vol. 37 p 31 (2021) (The nuances of policing, require that
publicly accountable individuals (as opposed to private arbitrators) have final authority for police
discipline.)
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In that arbitration, Officer 1 did not contest that he was liable for the po July and December zoz3 ged
but maintained that the discipline was too severe. According to the arbitrator, the basis for
reducing the discipline was that Officer 1's failure to report excessive force was not
intentional since he did not see the excessive force at the time of the incident. While the
arbitrator found that the City had established that Officer 1's conduct brought harm to the
Department, he found that the officer was not the "proximate cause" of the harm.
The arbitrator's logic was misplaced: Officer 1 was not charged with failing to report
excessive force, but rather with failing to document what Mr. Alvarez had told him about
being struck and injured by an officer during the arrest. And that failure was not inadvertent;
the officer clearly failed to write what Mr. Alvarez had told him and had no justification for his
failure to do so. It is unclear what the arbitrator meant when he concluded that Officer 1
was not the "proximate cause" of the harm; certainly, Sergeant Benitez was the "actual
cause" of the excessive force harm to Mr. Alvarez (which resulted in his successful
prosecution and resignation from PAPD) but Officer 1 also certainly was a "proximate
cause" of the harm to the Department's reputation. His failure to report Mr. Alvarez's
complaints on being subjected to force and injured prevented the Department from learning
about the excessive force and other misconduct for months (or potentially ever, but for the
surfacing of the surveillance videos). The harm to the reputation of PAPD as a result of this
lapse, which the California Supreme Court has said is the most important factor in
evaluating discipline, was cited but not apparently weighed by the arbitrator.
The arbitrator agreed that Officer 1 knew or should have known that he was required to
document Mr. Alvarez's statements about being injured and the fact that he was offered
medical treatment. However, the arbitrator found that Officer 1 was a relatively new officer,
and while he conceded that it was the responsibility of the officer to know the rules, the
arbitrator found that he was obviously not familiar with all of them. The arbitrator found that
Officer 1 was unaware of his duty to report that Mr. Alvarez alleged that a police officer
injured him and thus found that his conduct was negligent rather than deliberate. The
arbitrator further found that it was the responsibility of the Department to ensure that he
knew and understood all of the rules. However, the arbitrator provided no evidence that the
Department had failed in its responsibility to ensure that the officer knew the applicable
rules.
The Department's Manual of Policy and Procedure contains all the rules applicable to this
case. New officers particularly are expected to know these rules and significant training is
provided to those officers when they become members of PAPD.
Policy Manual 106.5 is particularly instructive. It states in pertinent part:
Each member shall acknowledge that he/she has been provided access to and has
had the opportunity to review the Policy Manual. Members shall seek clarification as
needed from an appropriate supervisor for any provisions that they do not fully
understand.
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Again, the arbitrator decided that reduction of the discipline was appro July and December 2023 e
officer was relatively new. But the arbitrator failed to note the Manual provision requiring
that officers know the rules regardless of their experience level. Most significantly, had
Officer 1 had some question about whether he needed to document what Mr. Alvarez had
told him about being struck and injured during the arrest, he could have consulted a
supervisor (as instructed by the Manual) as he was preparing his report, yet failed to do so.
Using the arbitrator's logic, officers would be incentivized not to learn the rules so that they
could later claim unawareness of them and escape the consequences thereof.
Case law in California has repeatedly and uniformly instructed that a police agency's
disciplinary determination should not be overturned unless there has been an "abuse of
discretion." See Skelly v. State Personnel Board (1975) 15 Cal.3d 194, 217-19. Courts
instruct hearing officers to give deference to the employer's penalty decision considering
such matters as the employer's administration of its own standards and rules. See Kolender
v. San Diego Civil Service Commission (2007) 149 Cal.App.4th 464, 471. The fact that
reasonable minds may differ regarding the penalty imposed supports a finding that the
employer has acted within its discretion. Ackerman v. State Personnel Board (1983) 145
Cal.App.3d 395, 401. However, instead of being mindful of (or even acknowledging) this
direction, the arbitrator cited non -California cases to support his position.
Finally, the arbitrator decided to severely reduce the discipline (perhaps more than
coincidentally to the amount precisely suggested by the Union lawyer representing the
officer) because Officer 1 had accepted responsibility for his actions, rehabilitated himself,
had no prior or subsequent discipline, and there was little likelihood of reoccurrence.
However, as detailed above, and as noted by the arbitrator, PAPD had already reduced
Officer 1's discipline because of these very factors. In short and in essence, the arbitrator
substituted his judgment about the appropriate outcome over the judgment of the leadership
of the Palo Alto Police Department.
Given the significance of this episode in the Department's recent history, the outcome was
especially notable and disappointing. But the questionable reasoning that apparently
formed the foundation for the decision underscores the limitations of binding arbitration as a
valid form of appeal and raises many of the issues identified by the RIPA Advisory Board,
legal scholars, and progressive policing professionals. While the great majority of
jurisdictions in California have similar binding arbitration agreements with their police
associations, others have instead a Civil Service Commission or other City maintained body
that hears the appeal. And others instead have non -binding arbitration whereby the
arbitrator makes a recommendation which City leadership can then accept, modify, or reject.
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The unfortunate result of this arbitration proceeding provides an oppor �ulyandDionsr2023 43 to
consider other options for post -disciplinary appeals.44
RECOMMENDATION 10
In future discussions with the PPOA, the City should consider the viability of other
options than binding arbitration for appealing officer discipline.
I. PAPD Should Ensure that Officers and Supervisors Are Regularly Trained on Use of
Force Policy and Reporting Requirements
In both arbitrations stemming from this incident, the officers through their attorney argued
that there was confusion between the current use of force reporting policy and actual
practice. In fact, at the DeStefano arbitration, a current supervisor testified that it was his
interpretation that a verbal command could be considered a use of force under PAPD policy.
While this interpretation is nowhere supported by the current policy language, it is a good
indication of both the importance of and need to remove any confusion among officers and
supervisors about key elements of the PAPD policy expectations and the attendant
reporting requirements. 45
RECOMMENDATION 11
PAPD should provide annual training to its officers and supervisors about what
constitutes a use of force, what is reportable force and how it should be documented,
what the review of force process entails, and documentation requirements about
alleged force and/or injury from arrestees.
J. The Arbitration Proceedings Revealed that PAPD Had Failed to Provide Mandated
Supervisor Training to Agent DeStefano
At former Agent DeStefano's arbitration hearing, his attorney alleged that the failure of
PAPD to ensure that he receive mandated POST supervisor training contributed to his
deficiencies in reporting the excessive use of force that he observed. While there was no
evidence produced that such training would have better informed former Agent DeStefano
43 To be clear, while PAPD leadership may have input into how post -disciplinary appeals are
handled, the recommendation is directed at City leadership since the labor agreement is between
the City and the labor association.
44 To be sure, there are counterarguments to maintaining the status quo, one being the relative rarity
of police matters that end up going to arbitration in Palo Alto and perhaps more significantly the
impact that any change in the disciplinary process might have on hiring and retention, especially
considering the ongoing crisis in keeping police agencies fully staffed.
45 We have been advised that since this incident, PAPD has briefed its personnel on the
Department's use of force policy, including what constitutes force, the force documentation
requirements, and the subsequent investigative responsibilities of supervisors once force is reported.
We suggest that this critical topic be addressed wi h� personnel at least annually.
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regarding his reporting obligations as set out in Department policy, it W �InlvandDionsBer2023 n
identified lapse in PAPD's compliance with training requirements. There is no further
documentation in the materials examining how this lapse occurred. More significantly, there
is no documentation to suggest that safeguards have been devised for ensuring the timely
attendance of all new supervisors at the POST -mandated school. Whenever a deficiency in
record keeping is identified, it is incumbent upon an agency to examine what led to the
misstep and consider interposing additional protocols to prevent future lapses.
RECOMMENDATION 12
PAPD should review its training recordkeeping and compliance protocols to ensure
that newly promoted supervisors complete the POST -mandated training in an
appropriate timely fashion.
K. PAPD's Reported Instruction to Supervisors Not to Review MAV Recordings of
Subordinates Runs Contrary to Effective Supervision and Accountability
As detailed above, when the acting lieutenant was interviewed, she indicated that she had
been instructed to stop reviewing MAV recordings as part of her supervisory responsibilities.
To the degree that PAPD supervisory staff were directed to stop conducting audits of
recordings of police activity, such direction is inconsistent with best practices of supervision
and accountability. The MAV recordings (now supplemented with body -worn -camera
recordings) provide a wealth of information about how officers are handling calls that was
previously not available to supervisors. Rather than discouraging supervisors to perform
routine video/audio audits of their personnel's performance, command staff should be
encouraging the use of such footage to identify both commendable and correctable
behavior. It is incumbent upon PAPD to ensure that this guidance is effectively
communicated to its supervisory staff so that supervisors can take full advantage of this
tool .46
RECOMMENDATION 13
PAPD leadership should formalize and promote its expectation that supervisors take
advantage of MAV and body -worn -camera footage as an aid to reviewing officer
performance in the field.
Conclusion
This incident, in which a veteran sergeant dishonored his oath to uphold the Constitution by
engaging in excessive force on a handcuffed detainee, stands as a low point for the PAPD.
Nor did the deplorable conduct end with the sergeant: the Department also was and
remains properly disappointed in the failures of the other on -scene officers to report the
46 PAPD's current policy 404 allows for such review of video/audio evidence: "Recordings may be
reviewed in any of the following situations: ... (c) by a supervisor or manager for purposes of
improving officer performance based on an articuljYle training issue."
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incident fully and accurately. That "coverup" caused the excessive for JulyandDionsr2023
misconduct to go unknown to the Department for over a year, and eventually compounded
the harm to the agency's standing in the community. But for Mr. Alvarez' civil action and the
existence of a private surveillance recording, it likely would have never been discovered.
Considering that six years have passed before the last of the proceedings related to this
incident reached its conclusion and given the change in leadership at the top of the
organization, it is understandable that there is a sentiment among some in the City to move
on and leave this matter behind. However, law enforcement organizations have an
obligation to learn from past mistakes, and to recall them as part of an ongoing process of
course correction and refinement. These recommendations are meant to contribute to that
process, and to leave PAPD better positioned to detect and address problematic uses of
force in the future.
Case 2: Allegation of Intentional Harm to Passenger During
Transport
Factual Overview:
An adult male was stopped by a PAPD officer for Vehicle Code violations relating to the
bicycle he was riding. He ran from the officer but then surrendered after a foot pursuit. It
turned out he also had a warrant for his arrest, and the officer took him into custody and
then brought him to jail for booking.
Near the end of that trip, the man (who was handcuffed and seat -belted in the rear of the
vehicle), rocked backward and struck his head on the hard plastic seat behind him. This
was agitating to him, and he accused the officer of intentionally causing the contact by
"brake -checking" — a term for punitive driving maneuvers that are meant to upset the
balance of arrested persons and cause the sort of collision inside the vehicle that the man
experienced.
The officer immediately notified their47 supervisor and alerted staff at the jail, who
summoned a medical response. Though the man had no visible injury, he was brought to
the hospital to be evaluated.
The Department treated the man's initial allegation as a complaint and initiated a review
process.
47For the balance of this Report, and in keeping with current PAPD practice for its public information -
sharing, we are relying on gender neutral pronouns so as to not contribute inadvertently to the
personal identification of involved Department members.
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The case was handled as a "Supervisor Inquiry Investigation" that was resolved as
"Unfounded" based on the initial available evidence (and without needing a formal interview
of the involved officer).
The supervisor whom the officer had called that night ended up going to both the jail and the
hospital. The supervisor conducted a brief interview of the subject, who was quite lethargic
but who nonetheless seemed to track the questions and provided voluntary responses.48
Notably, while describing his injury and how it occurred, he did not repeat his earlier
allegation that it had been intentional on the part of the officer.
The key evidence in the review was the officer's in -car camera system, which included a
rear -facing angle and showed the moment where the man had fallen back. The supervisor
found that the man's loss of balance had been preceded by his leaning forward — apparently
while dozing — and then experiencing the momentum of a seemingly gradual and
appropriate acceleration after the light turned green. There were no apparent instances of
unusual or malicious handling of the vehicle by the officer during the transport.
In conducting the investigation, the handling supervisor came across — and subsequently
addressed — two unrelated deviations from expected policy or procedure. The first related
to the officer's driving during the initial efforts to pursue the fleeing subject; the officer had
briefly travelled the wrong way down a one-way street in what was considered a non -
emergency context. The second was the officer's apparent failure to ensure (as required by
policy) that their body -worn camera was time -synced with the in -car camera system of the
patrol vehicle. Both issues were relatively minor, but merited the corrective action by which
they were resolved.
IPA Review and Analysis
We concur with the finding that no violations of policy occurred. The Department's response
to the initial allegation was proactive and thorough, beginning with the officer who was
angrily accused of the "brake -check" by the complainant. Even though the allegation was
not reiterated, the Department chose to treat his initial assertion as the basis for a
supervisory inquiry into what had occurred. And PAPD's car cameras, which not every
agency has and which remain in service even after the acquisition of personal body -worn
cameras, provided convincing refutation of the man's complaint.49
48 The man's grogginess was somewhat consistent with his affect from the time of the arrest and did
not appear to be a function of striking his head. He later acknowledged recent drug use to hospital
staff.
41 The "in -car" camera showed the backseat of the vehicle for the duration of the transport and
captured the two instances (within a minute) where the complainant struck his head. Neither
seemed to be the function of aggressive or unusudriving; and the officer's forward -facing body -
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We were also impressed with the additional issue -spotting that emerg July and December 2023
The goal of this sort of holistic analysis of events, which we have long endorsed, is to t
every review process as a valuable opportunity to see officer performance in real -world
contexts, and to offer constructive reminders or corrections as needed. PAPD has shown a
recent inclination to formalize this process in new ways. We consider it to be a
commendable trend, and this case was an effective example of the concept at work.
Internally Generated Investigation
Case 1: Investigation into Reporting and Procedural Issues Related
to an Arrest and Use of Force
Factual Overview
An officer on patrol observed a possible drug transaction in the parking lot of an all-night
food establishment. The officer ended up contacting a subject, then sought to detain the
person but then struggled to handcuff him. In pulling the subject down, the officer caused
him to hit his face on the ground, injuring him. The man was taken into custody and
medically cleared by at the scene by responding Fire Department personnel. Back at the
police station, and as part of the officer's investigation into a charge that the subject was
"under the influence" of an illegal drug, they conducted a forced blood draw in order to get a
sample for evaluation. Then, as the man's facial injuries began to appear more
pronounced, the officer brought him to the hospital — where he ended up being admitted.
The Department conducted a use of force review and determined that the officer's actions
were consistent with policy. Months later, though, and in the context of the review of
criminal charges50 against the man, new issues emerged that would become the basis for
an administrative investigation into possible misconduct.
One of these was seeming discrepancies between the officer's written report about the
incident and the various videos collected by the District Attorney's Office. (These included
recordings from the officer's body -worn camera, the in -car camera, and the different
surveillance cameras from the business where the incident occurred.) The second concern
was the legal admissibility of the forced blood draw, which had occurred without either the
subject's consent or a warrant. The District Attorney's Office took the position that it would
not be admissible.
worn camera (which captured the audio of the man's pair of outbursts after hitting his head)
confirmed this.
s0 Along with the "under the influence" allegation, the original charges against the subject included a
probation violation, resisting arrest, and battery on a peace officer.
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Taken together, these issues undermined the strength of the case and duly and December 2023 ict
Attorney to decline to prosecute. In turn, the Department revisited the incident several
months after the arrest and decided that further internal investigation was warranted. PAPD
framed allegations against both the officer and the responding supervisor (who had
completed the initial review of the officer's disputed crime report, and who had authorized
and monitored the forced blood draw). To the Department's credit, it also explored additional
allegations that emerged in the course of the administrative investigation itself.
Outcome and Analysis
The Department ended up framing several specific charges, and the results were mixed:
both officers were found to be culpable regarding some allegations, but not others. While we
concur with each of these outcomes within the scope of the investigation as framed, our
own review of the materials raised issues about aspects of the encounter — particularly with
regard to the use of force as reported and the claims of battery by the subject — that merited
inclusion in the Department's misconduct investigation. We discuss this concern below.
The investigation was handled by a PAPD executive. It had several strengths within the
parameters of its limited scope, beginning with outreach to the Probation Department (for
information about the subject's specific terms and requirements) and the District Attorney's
Office (for discussion of the legalities of forced blood draw in light of recent court decisions).
Along with interviews of the subjects, the evidence included extensive recordings that were
assessed systematically and analyzed in a clear fashion.51 Impressively, the investigation
also used GPS mapping from the night of the incident to track the movements of the
officer's patrol car in relation to both the claimed actions and the time stamps of the various
relevant videos.
The assessment of the forced blood draw issue seemed particularly thoughtful and
thorough. In relation to the decision -making of the officer and supervisor, the investigation
determined their basis for believing they were justified in doing the warrantless procedure: it
was a court decision that related to blood draws for probationers (which the subject was at
the time of the arrest). As the investigator surmised in the analysis portion of the memo, the
relevance of the case was at least arguable, but it was also less than definitive. And, in fact,
neither the Probation Department nor the District Attorney took a supportive position as to
the court decision's applicability when contacted as part of the PAPD review.52
51 For one helpful exhibit, surveillance video from the business where the incident took place was
synced with body -worn camera recordings from the officer, thus providing a more complete view of
what specifically transpired.
52 Interestingly, the subject himself was clearly cognizant of the conditions of his probation, which
only required him to submit to a urine test. He articulated his (accurate) understanding in the
moments prior to the blood draw, but it was not heeded. (The urine test was not offered in light of
the officer's concern that the subject would create a security concern if given the necessary freedom
of movement.)
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Accordingly, the Department found that both the officer and supervisor Julyand December2023 cy
by subjecting the man to a forced blood draw without legal authorization. At the same time,
both employees were exonerated of a separate charge that they had violated the PAPD
blood draw policy in the manner of the procedure — which was recorded and had followed
appropriate protocol.
The investigator's memo also took the occasion to recommend refinements in Department
policy (for more clarity regarding blood draw options in non -DUI cases such as this one) and
more regular coordination and training with the District Attorney's Office to answer questions
and keep officers apprised of changes in authorized and preferred investigative
techniques.53 This type of pro -active response to the "learning opportunities" presented by a
given incident is a beneficial byproduct of internal review; the Department's focus on these
changes is commendable.
The other main issue in the case was the seeming disconnect between the subject's actions
(as captured on available video) and the officer's report. This was driven by the District
Attorney's Office review of late -emerging surveillance videos from the business; the D.A.
memo declining the case alluded to the absence of any suspected "hand to hand" drug
transactions during the moments that preceded the officer's engagement with the subject.54
The officer explained the seeming discrepancy in a way that was confirmed by the GPS
analysis. The officer said that there was actually a gap of several minutes between the
specific action that the officer considered to be a drug sale and their encounter with the
subject, and described using that time to follow the vehicle that had departed from the
parking lot immediately after interacting briefly with the subject, which had prompted the
officer's suspicion. Because they did not see a basis for stopping the car and questioning
the occupants, the officer decided to return to the original location.
The investigator found this explanation credible (particularly as supported by the different
technological evidence). Nonetheless, in the investigator's view, the omission of the driving
interlude in which the officer followed the other parties was a gap in the officer's report that
rose to the level of a deviation from policy requirements. (Indeed, its significance was
reinforced by the confusion that it caused for the prosecution in relation to the criminal
case.) This was the basis for a second sustained violation against the officer.
53 To PAPD's credit, it issued a directly responsive Training Memorandum, subsequent to this case,
which it provided to the IPA for review.
54 While the officer recognized the subject and believed him to be an active probationer with search
terms, confirmation of this did not occur until after the detention, use of force, and arrest. In the
District Attorney's view, this meant that the legitimacy of the initial detention of the man turned on
reasonable suspicion of illegal activity. And this was a suspicion that was not clearly supported by
the video evidence.
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To its credit, the Department also looked at additional issues. These iIluIy and December 2023 iety
of the officer's initial approach, which led to a finding that the assertion of authority to stop
the subject had been justified. (The investigator did find room for improvement in the
officer's communication skills and efforts at explanation.) Also receiving scrutiny — and
ending in the supervisor's exoneration — was a review of why the crucial video evidence had
not been acquired and utilized in the initial supervisory investigation into the use of force.
We considered each of these conclusions to be reasonable. At the same time, the
bifurcation of the force analysis from the rest of the review seemed awkward.55 While a
separate process does already exist for the supervisory review of every use of force, an
incident that raises several different concerns and includes a significant force component
probably warrants the inclusion of the force review into the broader investigation. This
incident strikes us as a case in point. For example, our own consideration of the written
report in relation to the video evidence raised concerns about the extent to which the
"battery" charge against the subject (based on his alleged kicking of the officer) seemed
corroborated. Given that reporting accuracy was already in play for the administrative
review, the conscious ignoring of those elements in deference to the other process seemed
suboptimal.
55 It should also be noted that the Department did not complete its official assessment of the use of
force (deeming it within policy) for nearly six months — an unusual time lag that itself warranted
managerial attention.
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Internal Workplace Investigations July and December 2023
Case 1: Allegation of Improper Bias in Promotional Process
Factual Overview:
This complaint was submitted by a PAPD member against Department leadership. It
resulted from a promotional process for a supervisorial position that had included the
complainant as one of the applicants. The officer was not selected and had concerns about
the legitimacy of that outcome.
When the decision was announced, the complainant asked for and received the chance to
discuss their perspective and prospects for promotion in the future. Meanwhile, the
complainant shared additional concerns about what they considered to be conspicuous
limitations in the Department's diversity at the managerial level. This was relevant in part
because of the complainant's own identity. The complainant asserted that there was a basis
for a lawsuit or Human Resources complaint, and this prompted PAPD leadership to request
an outside investigation as to the validity of that perception.
Investiaation and Outcome:
At the request of the City, a third -party professional investigator conducted the investigation
into the complaint. The handling investigator relied upon interviews with both the
complainant and the Department's key decision -maker for the process. The investigator also
utilized pages of written documentation that were attached to the case file as exhibits.
These included emails and handwritten notes by participants, all of which related to the
promotional process and its aftermath.
The interviews were central to the ultimate determination — in part because of the
considerable overlap between the two people's versions and perspectives.
While straightforwardly denying that the complainant's race/ethnicity had worked to their
detriment in any way, the decision -maker was also able to articulate a number of race -
neutral factors for the outcome. The complainant's history with the agency — which included
instances in which that person had been chosen for competitive assignments — and the high
level of qualification shared by all the candidates (including others who had not been
selected) were additional factors that justified the decision in a manner independent of bias.
Meanwhile, and significantly, the complainant told the investigator that they themselves did
not personally believe that race was the ultimate reason for the promotion decision. Instead,
the complainant explained, raising the issue was meant to bring attention to a larger
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dynamic, which they believed dated back several years and which mer July and December 2023 n.
This was the fact that no sworn members of the current executive team (of nine people) at
the agency were minorities.
Based on the aforementioned evidence, the investigator concluded that race had not been a
determining factor in the decision -making process.56
IPA Review and Analysis:
We concurred with the finding that race had not been a part of the selection criteria and
found the reasoning and the descriptions of the actual process to be persuasive. At the
same time, the complainant's identification of an "area of concern" regarding the
racial/ethnic makeup of the command staff seemed, in our view, to have been worthwhile.
As with this particular allegation, we have no specific reason to believe that bias — conscious
or otherwise — has shaped PAPD decision -making regarding promotions, and we recognize
that the selection process in any workplace commonly (if not inevitably) engenders a
measure of disappointment among applicants who are not successful. Our understanding is
that the Department leadership is appropriately conscious of the statistical reality cited by
the complainant and is working with the City on promoting diversity and inclusion in
constructive ways.
Case 2: Allegation of Discrimination/Hostile Work Environment
Factual Overview:
This complaint was submitted by a lower -ranking officer against a superior. It had two
components (each of which was illustrated by different specific examples of the alleged
problematic conduct). The first related to the complainant personally and involved an
allegation of different types of mistreatment by the supervisor that was motivated by
discriminatory animus on the basis of several characteristics protected by law and
Department policy. In the second, the complainant officer shared information about several
other employees whom the complainant identified as also being mistreated by the
supervisor.
11 The investigative report makes an overt reference to being limited in its scope: it is presented as a
"fact-finding" document that refrains from drawing legal conclusions or formally evaluating whether
policies were violated. Nonetheless, the nature of the factual analysis is somewhat dispositive here,
and the report goes so far as to describe allegations as "exonerated."
4S
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Investigation and Outcome:
Item 14
ttachment A - IPA Report
of Review of
Investigations Between
July and December 2023
The complainant brought these concerns to the City's Human Resources Department,
based in part on a sense that the Police Department administration was aware of the
supervisor's reputation and inappropriate conduct but had not acted to address it. A third -
party professional investigator conducted the investigation into the complaint in an effort to
ensure its independence and objectivity.
The handling investigator conducted interviews with the complainant, the subject supervisor,
and several Department members who had been cited by the complainant either as
percipient witnesses or as parties who (per the complainant) had themselves allegedly
experienced some form of inappropriate behavior from the subject. The investigator
summarized her investigative efforts in a lengthy memo that addressed the two main
categories of allegations separately.
With regard to the alleged mistreatment of the complainant, the investigation determined
that the "preponderance of the evidence" did not establish a violation of relevant City policy.
This finding was further divided into individual conclusions for each of the specific examples
of wrongful treatment that the complainant asserted. Some were addressed with a finding
that the conduct had occurred but was not inherently improper. For others, the conduct at
issue was recognized as being in some way ungracious, but it was found to be lacking in an
established discriminatory motive.
With regard to the allegations that the supervisor had engaged in a pattern of mistreating
other employees, the investigation again found there was insufficient proof that a City policy
had been violated. The particulars of the supervisor's relationships with a number of named
individuals were explored in detail. Though the inquiry yielded multiple examples of discord,
none of the negative dynamics were found to be attributable to bias.57
57 As with the previous investigation cited above, the investigative report here is conscious about
refraining from making final judgments as to appropriate legal or policy -based outcomes. Still, the
factual conclusions that the investigator reaches (and explains) are somewhat definitive in stating a
lack of sufficient evidence that policy violations occurred.
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IPA Review and Analysis:
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ttachment A - IPA Report
of Review of
Investigations Between
July and December 2023
We found this investigation to be a thorough58 and thoughtful one. The investigator's
numerous interviews provided the majority of the evidence, and her analysis of each was
carefully considered in reaching persuasive conclusions. This included credibility
determinations that showed nuance and depth in assessing the different parties'
perspectives. And individual relationships were considered as distinct entities that merited —
and received — distinct evaluations.
The investigation revealed a substantial number of co-workers (which included peers as well
as subordinates) who actively disliked the supervisor's manner of dealing with them. It is
also important to note that several of the alleged incidents giving rise to the complaint were
found to have occurred, but there was no evidence that the conduct at issue was motivated
by bias in violation of Department policy or law.
While respecting this outcome, we considered the case to be a good candidate for a
dynamic we have long encouraged in Palo Alto and elsewhere: the willingness of a law
enforcement agency to go beyond the "bottom line" conclusions of investigations, and to see
complaint cases and other review processes as opportunities for constructive intervention,
even when formal discipline is not warranted. Accordingly, we were gratified to learn that
PAPD management also saw fit to use the investigation's findings as a basis for taking
concrete action to address identified performance issues and improve the work
environment.
58 For example, one of the complaints related to a particular call for service. We were impressed to
note that the investigator acquired (and transcribed) the relevant radio traffic as an element in her
evaluation of that issue.
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"Pointed Firearm" Incidents
Item 14
ttachment A - IPA Report
of Review of
Investigations Between
July and December 2023
This is the third audit cycle featuring a review of the Department's administrative handling of
incidents in which officers point their firearms at a subject in the context of an enforcement
encounter. PAPD submitted the materials for a total of nine cases59, which is the largest total
so far.60
The Department continues to refine protocols for this new category of internal review
responsibility. The overall result appears to be a combination of imperfection and progress
for the evaluation system. We noted an overall increase in issue -spotting and careful review
on the one hand; on the other, terse summaries and lengthy delays in identifying incidents
or finalizing the reviews were still apparent in some instances.61
Importantly, though, the total number of events remains in line with previous reporting
cycles, and each of them was determined to be consistent with policy (though occasionally
prompting an insight that led to training or counseling). We agreed with those assessments.
Officers seem to recognize and respect that weapon -pointing is a significant show of police
authority that should be limited in purpose and duration.
The context for the nine deployments was as follows:
• Officers responded to reports about possible trespassers on private (but unoccupied)
residential property. When the first of two subjects emerged into view, one officer
briefly pointed their firearm until establishing that the man was unarmed and
cooperative.
• Officers located a felony theft suspect lying under some shrubbery in the vicinity
where a stolen bike had been abandoned. One officer gave commands and briefly
pointed their weapon in the subject's direction until visually able to confirm that the
man's hands were empty and he was cooperating. Surveillance camera footage later
confirmed that this was the individual whom the police were seeking to apprehend.
• Officers responded to a food store where a male subject, believed to be armed,
walked into the employee breakroom, and sat down. Three officers made a tactical
59 As detailed below, the 2018 incident separately had a "firearm pointing" element to it; it formed the
basis for discipline because the Agent failed to report it.
6° Two were holdovers from 2022, and two others carried over from the first half of 2023 — evidence
of both the lingering need to refine these new protocols and the Department's retroactive diligence in
addressing the events.
611n one case that was several months into 2023, an involved supervisor pointed his firearm but
neglected to write a report about it as required by policy.
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Item 14
Attachment A - IPA Report
of Review of
Investigations Between
entry to encounter the man, who did have a firearm in his waist July and December2023
PAPD later learned had allegedly been involved in a shooting incident earlier that
day). The officers advanced to the area outside the break room, and the lead officer
pointed a rifle at the seated subject while establishing communication and quickly
achieving his cooperation.
• Officers served a search warrant in connection with a suspected robbery. When they
knocked and announced their presence, two subjects appeared at the front window
and began to lift the blinds. This prompted the officer at the front of the entry team to
point their firearm briefly until able to establish clear visual contact with the male and
female and ensure their cooperation.
• Officers located a stolen vehicle soon after receiving an initial report about it. One
officer drove in front of the subject, and that vehicle was rear -ended by the stolen car
before it stopped. That officer pointed their firearm at the driver/suspect until
ensuring his unarmed cooperation.
• Officers combined with campus law enforcement to conduct a high -risk vehicle
extraction of two subjects who had been involved in an alleged road rage incident
(with a gun possibly involved). Multiple officers pointed their weapons initially and in
controlled fashion as they directed the cooperative parties to emerge from the vehicle
and submit to handcuffing.
• Multiple officers responded to the parking lot of a mall area after the license plate of a
stolen vehicle (which had been carjacked the day before) was detected by cameras.
A second car that was affiliated with the stolen car was nearby, and all seven
individuals in the two cars were ultimately taken into custody after officers followed
the vehicles and conducted a coordinated felony traffic stop. Three officers and two
detectives (a subset of the overall PAPD personnel on scene) pointed their firearms
at the outset of the contact with the subjects, based on the alleged crime and reports
of a possible gun.
• Officers responded to the lobby area of a motel with information about a wanted
subject who was experiencing a mental health concern. In response to the man's
demeanor and ambiguous hand motions, one officer briefly pointed a rifle at the
subject while giving directions; the man was extremely compliant.
• A supervisor responded along with several other officers to the apprehension in
daytime traffic of a stolen vehicle. Officers surrounded the car and several withdrew
their firearms, though only one pointed it at the subject driver, who surrendered
without further incident.
As mentioned above, the supervisory reviews (which now include a formal memo) ranged in
their thoroughness and attention to detail. For the shorter ones, some of this was a function
of the straightforward nature of the incidents themselves. In other instances, though, the
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Item 14
ttachment A - IPA Report
of Review of
Investigations Between
concision gave the analysis a perfunctory quality 62 And there were ex July and December2023 sues
were identified without an attendant action item for follow-up.63
Conversely, a few of the supervisory evaluations showed the potential value of the process
as not only an accountability measure but also another opportunity to scrutinize and
improve upon performance more generally. One memo relating to the mid -day traffic stop of
a stolen vehicle on a busy street identified five separate tactical or procedural concerns —
and described the relevant managerial steps taken in response. Two others noted
deficiencies in adherence to the body -worn camera policy by one or more involved officers;
these were also addressed.
Profanity — a longtime issue on our review of PAPD cases generally — continued to figure in
these specific encounters, with four of the nine featuring some element of aggressive
language. While there is a difference between gratuitous vulgarity and the words that
sometimes emerge in a more intense and adrenalized context, the exceptions should not
swallow the rule established by policy. To the Department's credit, it is noting these events
with apparent diligence, and we encourage the continued effort to monitor and hopefully
dissuade.
Overall, PAPD appears to be settling in to its new "pointed firearm" protocol in constructive
ways. We consider it a useful addition to the agency's efforts to evaluate and improve upon
officer performance.
62 One memo, which was completed quite belatedly after an apparent lag in initial identification, was
just a few lines long and did not address a second officer's apparent weapon point in the context of a
high -risk traffic stop.
63 PAPD notes that there is currently no expectation that supervisors include the follow up action in
these reports. However, consistent with our overarching philosophy of documented completeness,
we recommend that PAPD advise their supervisors to report any informal action in the
memorandum.
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O
CITY OF
PALO
ALTO
DATE:
TO:
FROM:
APRIL 10, 2024
HONORABLE CITY COUNCIL
CHIEF ANDREW BINDER
SUBJECT: USE OF FORCE REPORT SUPPLEMENT TO IPA REPORT
Item 14
Attachment B - Police
Department Use of Force
Report (Jul 2023 -Dec
2023)
This memorandum responds to the City Council's November 2020 direction to provide use of force
summary data (which encompasses all use of force incidents in which a "Supervisor's Report on Use of
Force" has been completed by the Police Department) as an attachment to each Independent Police
Auditor (IPA) report. Policy Manual §300 ("Use of Force") requires that all uses of force by Police
Department members "be documented promptly, completely, and accurately in an appropriate
report."1 The policy also requires that, under certain circumstances, a "Supervisor's Report on Use of
Force" also be completed by the supervisor, and that report is routed for approval through the chain of
command up to and including the Police Chief. Most commonly, a "Supervisor's Report on Use of Force"
is completed after an officer uses some form of force that results in a visible or apparent physical injury
to a subject or the subject complains of pain or alleges they were injured.
Consistent with the IPA's expanded scope of administrative review established by the City Council in
November 2020, the Department forwards the following types of use of force cases to the IPA for review
and recommendations: all cases where a subject's injuries necessitate any treatment beyond minor
medical treatment in the field, and all cases where an officer uses a baton, chemical agent, TASER, less -
lethal projectile, canine, or firearm. The IPA's scope of administrative review was further expanded in
July 2021 to include cases when a firearm is pointed at a subject.
Consistent the practice established in the May 2023 iteration of this memorandum, the Department is
choosing to release the race of the recipient(s) of any force used.
This summary covers the period of July 1, 2023 through December 31, 2023.
Use of Force Cases
From July 1, 2023 through December 31, 2023, the Police Department responded to more than 19,600
calls for service and effected more than 600 arrests. During that time, there were three cases where
force requiring a "Supervisor's Report on Use of Force" was used. The IPA's reviews of those cases will
appear in a future report, as all three of them occurred in the final eight weeks of 2023 and the
administrative review of the incidents had not been completed in time for inclusion into the current
report.
The race of the subjects upon whom force was used was Hispanic (2) and Asian.
1 The Palo Alto Police Department Policy Manual is updated quarterly and posted online at
https://www.cityofpaloalto.org/Departments/Police/Public-Information-Portal/Police-Policy-Manual.
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Item 14
Firearm Pointed at Person Cases Attachment B - Police
Department Use of Force
From July 1, 2023 through December 31, 2023, officers pointed a firearm at a per Report (Jul 2023 -Dec
occasions. 2023)
The current IPA report includes a review of nine incidents during which officers pointed a firearm at a
person: two occurred in 2022, three occurred in the first half of 2023, and four occurred in the second
half of 2023. In their review of these nine incidents, the IPA concurred in each case with the
Department's findings that the pointing of the firearm was justified by the circumstances and consistent
with policy. In the nine incidents described in the current IPA report, the race of the subjects at whom a
firearm was pointed were white, Hispanic, white, Black (two people), white, Hispanic and unknown (two
people), Black (seven people), Black, and Hispanic.
The seven remaining cases from the second half of 2023 continue to be in the administrative review
process and will be sent to the IPA as soon as that process is completed.
July — December 2023 Use of Force Summary
Type of Force Number of Cases Status of IPA Review
Physical Strength 2 Will appear in future IPA report
Chemical Agent 0
TASER 0
Baton 0
Less -Lethal Projectile 1 Will appear in future IPA report
Canine 0
Firearm 0
Item 14: Staff Report Pg. 58
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O
CITY OF
PALO
ALTO
DATE:
TO:
FROM:
APRIL 10, 2024
HONORABLE CITY COUNCIL
CHIEF ANDREW BINDER
Item 14
Attachment C - PAPD
Responses to IPA Report
SUBJECT: RESPONSE TO IPA RECOMMENDATIONS IN REPORT COVERING INVESTIGATIONS AS
OF NOVEMBER 30, 2023
RECOMMENDATION 1: PAPD should assign administrative investigations to outside investigators when
factors such as failure to report force, multiple involved subjects, and discovery delays suggest inherent
complications.
The Department agrees and will assign administrative investigations to outside investigators in
appropriate circumstances, which could include cases with the above complicating factors.
RECOMMENDATION 2: PAPD should develop protocols that instruct internal investigators to document
any discussions with the District Attorney regarding potential criminal investigations into alleged officer
misconduct.
The Department agrees that such discussions should be documented as appropriate for the investigation
being conducted.
RECOMMENDATION 3: PAPD should develop protocols that call for the completion and resolution of
administrative investigations absent special circumstances, even when it could delay them because of
outstanding criminal proceedings or other tolling provisions.
The Department agrees and will continue to strive to complete and resolve administrative investigations
as expeditiously as possible, considering all of the relevant circumstances, and proceeding in the City's
best interests.
RECOMMENDATION 4: PAPD should instruct internal affairs investigators to ensure that any potential
performance issues are identified and addressed in the investigative report.
The Department agrees and will reinforce with investigators that any potential performance issues are
identified and addressed in investigative reports.
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Item 14
Attachment C - PAPD
Responses to IPA Report
RECOMMENDATION 5: PAPD should work to devise an effective system so that officer performance
issues that undermine a criminal prosecution can be communicated back to the agency for any
appropriate investigation and corrective action.
The Department agrees and will work with court liaison staff and the District Attorney's Office to access
the feasibility of an effective procedure to communicate such issues for any appropriate follow-up action.
RECOMMENDATION 6: PAPD should continue to identify and promote problem -solving strategies that
result in less conflict and reduce potential use of force situations.
The Department agrees and will continue to emphasize problem -solving strategies designed to reduce
conflict and de-escalate situations whenever possible.
RECOMMENDATION 7: PAPD should use this or similar scenarios to reinforce to officers how their use
of discretion should be wisely employed and to avoid taking any action that could be interpreted as
retaliatory.
The Department agrees and will stress the wise use of discretion and the avoidance of actions that could
be perceived as retaliatory in nature.
RECOMMENDATION 8: When information emerges during an internal investigation about potential
shortcomings in managerial response to the underlying performance issues in the case, those issues
should be pursued through additional lines of inquiry — including follow-up interviews of named
personnel.
The Department agrees and will ensure that future investigations include such additional lines of inquiry
whenever appropriate.
RECOMMENDATION 9: PAPD should devise protocols so that every claim that alleges misconduct is
thoroughly reviewed and investigated as if a civilian complaint had been received.
The Department has since created a procedure where a captain evaluates every claim received, ensures
that any alleged misconduct is thoroughly reviewed, and initiates any necessary follow-up investigation
(to include a complaint investigation if warranted).
RECOMMENDATION 10: In future negotiations with the PAPOA, the City should consider the viability of
other options than binding arbitration for appealing officer discipline.
The Department does not have a response to this recommendation, as it pertains to labor negotiations
that are in the ultimate purview of the City Council.
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RECOMMENDATION 11:
Item 14
Attachment C - PAPD
PAPD should provide annual training to its officers and s Responsesto IPA Report at
constitutes a use of force, what is reportable force and how it should be documented, what the review
of force process entails, and documentation requirements about alleged force and/or injury from
arrestees.
The Department agrees and provided this specific training to all supervisors in December 2023, and to all
sworn personnel in January 2024. The Department will continue to provide similar refresher training on
an annual basis, as well as continue our longstanding practice of regular and ongoing team -level review
of critical policies (such as use of force).
RECOMMENDATION 12: PAPD should review its training recordkeeping and compliance protocols to
ensure that newly promoted supervisors complete the POST -mandated training in an appropriate timely
fashion.
All current supervisors are in compliance with the POST -mandated training, and the Department has a
protocol in place to send future newly -promoted supervisors to the training in a timely fashion.
RECOMMENDATION 13: PAPD leadership should formalize and promote its expectation that supervisors
take advantage of MAV and body -worn -camera footage as an aid to reviewing officer performance in
the field.
The Department agrees and has a policy in place that governs the supervisory review of field -based video
evidence, with the expectation that the evidence be accessed in accordance with that policy as an aid to
review officer performance.
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