HomeMy WebLinkAbout2024-10-21 City Council Agenda PacketCITY COUNCIL
Regular Meeting
Monday, October 21, 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. Information on how the public may observe and participate in the
meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV
Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to
Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238)
Meeting ID: 362 027 238 Phone: 1(669)900-6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three
minutes or an amount of time determined by the Chair. General public comment will be heard
for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to
three minutes or an amount of time determined by the Chair. Requests to speak will be taken
until 5 minutes after the staff's presentation or as determined by the Chair. Written public
comments can be submitted in advance to city.council@CityofPaloAlto.org and will be provided
to the Council and available for inspection on the City's website. Please clearly indicate which
agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,
the Clerk will have them shared at public comment for the specified item. To uphold strong
cybersecurity management practices, USB's or other physical electronic storage devices are not
accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,
posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not
create a facility, fire, or safety hazard; and (3) persons with such items remain seated when
displaying them and must not raise the items above shoulder level, obstruct the view or
passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subiect 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.
October 21, 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 - 5:50 PM)
Review List of Applicants and Select Candidates to Interview for the Parks and
Recreation Commission Vacancy. CEQA Status — Not a project.
2. Resolution in Support of the Child Care Program: Build the Future Santa Clara County
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:50 - 6:20 PM)
Members of the public may speak in -person ONLY to any item NOT on the agenda. 1-3 minutes deepnding on # of speakers.
Public Comment is limited to 30 minutea. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS. COMMENTS. ANNOUNCEMENTS (6:20 - 6:25 PM)
Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:25 - 6:30 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from September 30, 2024 and October 7, 2024 Meetings
4. Approval of FY 2024 Reappropriation Requests to FY 2025; CEQA Status: Not a Project
5. Approval of Purchase Order with Anixter, Inc. for the Purchase of Fiber Materials Not -to -
Exceed $348,003; and Authorization to Execute Changes Not -to -Exceed $30,000 for
Related, for a Total Not -to -Exceed Amount of $378,003 for Fiscal Year 2025; CEQA Status
— Council action on this item is within the scope of the Final Initial Study and Mitigated
Negative Declaration (IS/MND) was adopted by Council Resolution on June 17, 2024
6. Approval of Contract Amendment Number 2 to Contract Number C19173035 with Team
Sheeper, Inc., for a five-year Operating and Revenue Sharing Agreement for operations of
Rinconada Pool, with an option to renew for an additional five years, effective January 1,
2025; CEQA status —not a project.
7. Approval of Contract Amendment Number 1 to Contract Number S25190354 with Larratt
Bros Plumbing Inc. in the Amount of $410,000 for the Residential Emergency Water
Heater Replacement Pilot Program Within Electrification Programs; CEQA Status — Not a
Project.
8. Approval of Contract Amendment No. 3 to Contract No. S18171325 with ESO Solutions for
a 5 -Year Extension, Increasing the Total Not -to -Exceed (NTE) Amount by $150,007 to
$277,155 for the Fire Department's Records Management System (RMS) and Electronic
October 21, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
Patient Care Reporting (ePCR) Software; CEQA Status: Not a Project
9. Adoption of a Resolution Authorizing Grant Applications to the California Department of
Resources Recycling and Recovery (CalRecycle); CEQA status — not a project.
10. Approval of 1) Increase of Construction Contingency for Contract No. C21178123B with
Swinerton Builders in the Amount Not -to -Exceed $1,000,000; 2) Increase of Construction
Contingency for Contract No. C23186775 with L.D. Strobel Co., Inc. in the Amount of
$25,000; 3) Increase of Contingency for Purchase Order No. 4523000432 with Pivot
Interiors in the Amount of $40,000 in the Capital Improvement Fund for the New Public
Safety Building Capital Project (PE -15001); CEQA — Environmental Impact Report for the
New Public Safety Building and New California Avenue Area Garage (Resolution 9772)
11. SECOND READING: Adoption of an Ordinance Updating Palo Alto Municipal Code
Chapter 4.64 (Permits for Retailers of Tobacco Products) to Conform with County
Amendments and Approval of the Updated Agreement Between the County of Santa
Clara and City of Palo Alto for a Tobacco Retail Permit Program (FIRST READING:
September 23, 2024 PASSED 7-0)
12. SECOND READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters
18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments
to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (FIRST
READING: September 23, 2024 PASSED 6-1 Kou no; PREVIOUSLY INTRODUCED: August
5, 2024 PASSED 6-1, Kou no)
CITY MANAGER COMMENTS (6:30 - 6:45 PM)
BREAK (15 MINUTES)
ACTION ITEMS (ITEM 13: 7:00 - 8:30 PM. ITEM 14: 8:30 - 9:30 PM. ITEM 15: 9:30 - 10:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
13. Approval of FY 2025 Architectural Review Board, Historic Resources Board, Human
Relations Commission, and Planning and Transportation Commission Workplans; CEQA
status — not a project
14. Adoption of City Council Positions on State and Local Measures Presented to Palo Alto
Voters on the November 5, 2024 Ballot; CEQA status — not a project
15. Colleagues Memo - Restoration of subjective aesthetic standards to Palo Alto's
Wireless Communication Facilities (WCF) ordinance.
October 21, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
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.
16. Informational Report on the Annual Review of the City's Renewable Procurement Plan,
Renewable Portfolio Standard Compliance, and Carbon Neutral Electric Supplies for
2023; CEQA Status — Not a Project
17. City of Palo Alto Monthly Investment Activity Report for September 2024 (Unaudited)
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
October 21, 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.
3. Spoken public comments for agendized items using a computer or smart phone will
be accepted through the teleconference meeting. To address the Council, click on the link
below to access a Zoom -based meeting. Please read the following instructions carefully.
o You may download the Zoom client or connect to the meeting in- browser. If using
your browser, make sure you are using a current, up-to-date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
o You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
o When you wish to speak on an Agenda Item, click on "raise hand." The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
o When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number
listed below. When you wish to speak on an agenda item hit *9 on your phone so we
know that you wish to speak. You will be asked to provide your first and last name before
addressing the Council. You will be advised how long you have to speak. When called
please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362-027-238 Phone: 1-669-900-6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City's ADA Coordinator at
(650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
October 21, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
California Government Code §84308, commonly referred to as the "Levine Act," prohibits an
elected official of a local government agency from participating in a proceeding involving a
license, permit, or other entitlement for use if the official received a campaign contribution
exceeding $250 from a party or participant, including their agents, to the proceeding within the
last 12 months. A "license, permit, or other entitlement for use" includes most land use and
planning approvals and the approval of contracts that are not subject to lowest responsible bid
procedures. A "party" is a person who files an application for, or is the subject of, a proceeding
involving a license, permit, or other entitlement for use. A "participant" is a person who actively
supports or opposes a particular decision in a proceeding involving a license, permit, or other
entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the
definition of "financial interest" in the Political Reform Act, which encompasses interests in
business entities, real property, sources of income, sources of gifts, and personal finances that
may be affected by the Council's actions. If you qualify as a "party" or "participant" to a
proceeding, and you have made a campaign contribution to a Council Member exceeding $250
made within the last 12 months, you must disclose the campaign contribution before making
your comments.
October 21, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
Item 1
Item 1 Staff Report
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
CITY O F Lead Department: City Clerk
PALO
ALTO Meeting Date: October 21, 2024
Report #:2409-3459
TITLE
Review List of Applicants and Select Candidates to Interview for the Parks and Recreation
Commission Vacancy. CEQA Status — Not a project.
RECOMMENDATION
Review a list of applicants and select candidates to interview for the vacancy on the Parks and
Recreation Commission.
BACKGROUND
The Parks and Recreation Commission has one (1) vacancy for a partial term expiring on March
31, 2026. The Special Recruitment was initiated due to a commissioner resigning before their
term expired. The City Clerk's office was formally notified of the leave on September 2, 2024,
and a special recruitment began on September 5, 2024. The recruitment closed on October 6,
2024, and staff received a total of 6 applications during the recruitment period.
• Vadim Axelrod
• Christopher Alan Brosnan
• Yu Deng
• James Fox
• Marc Schoenen
• Rebecca Shomair
At the February 26, 2024 meeting, the City Council set a process to select Boards and
Commission candidates to interview. The direction provided was to allow each Council Member
a limited number of votes (number of vacancies plus 50%, round up) to select their preferred
candidates to interview with a threshold of 2 votes needed for an interview.
The Parks and Recreation Commission has 1 vacancy, in alignment with the direction set in
February, each Council Member has 2 votes. It is at the discretion of the City Council to
determine how to proceed with the selection of candidates to interview for the Special Parks
and Recreation Commission Recruitment.
Item 1: Staff Report Pg. 1 Packet Pg. 7 of 377
Item 1
Item 1 Staff Report
The City Council is tentatively scheduled to interview the selected applicants at the October 28
meeting and make its appointment at the November 4, 2024 meeting.
MEMBERSHIP REQUIREMENTS
According to Palo Alto Municode (PAMC 2.25.010), members of the commission shall have
demonstrated interest in parks, open space, and recreation matters. Members of the
commission shall at all times be residents of Palo Alto.
FISCAL/RESOURCE IMPACT
There is no Fiscal/Resource Impact.
STAKEHOLDER ENGAGEMENT
City staff publicized the recruitment through its Uplift and City Clerk's Office newsletters and
the City's social media forums. The recruitment was also advertised in print and online in Palo
Alto's local newspapers.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because it an organizational or
administrative activity that will not result in direct or indirect physical changes in the
environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Parks and Recreations Commission Applications Redacted
APPROVED BY:
Mahealani Ah Yun
Item 1: Staff Report Pg. 2 Packet Pg. 8 of 377
Submitted on
Receipt number
Related form version
I Personal Information
21 September 2024, 9:10pm
74
10
Name Vadim Axelrod
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident? Yes
Address
City
Postal Code
Do you have any relatives or members of your household who No
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
Are you available and committed to complete the term applied Yes
for?
Fair Political Practices Yes
California state law requires board/commission members to file a disclosure
of financial interests (Fair Political Practices Commission, Conflict of Interest.
Form 700).
Do you/your spouse have an investment in, or do you or your spouse serve as
an officer or director of, a company doing business in Palo Alto which you
believe is likely to:
1. Engage in business with the City;
2. Provide products or services for City projects; or
3. Be affected by decisions of this Board or Commission?
Excluding your principal residence, do you or your spouse Yes
own real property in Palo Alto?
How did you learn about the vacancy on the Parks and Email from the City
Recreation Commission?
1 of 3
Item 1: Staff Report Pg. 3 Packet Pg. 9 of 377
Item 1
Attachment A - Redacted
PRC Applications
Consent to Publish Personal Information on the City of Palo Alto Website
Read the code, and check only ONE option below:
I Personal and Job Experience
Occupation
I give permission for the City of Palo Alto to post to the City's website the
attached Board and Commission Application intact. I have read and
understand my rights under Government Code Section 6254.21. I may
revoke this permission at any time by providing written notice to the Palo
Alto City Clerk.
Startup founder
Please list your relevant education, training, experience, Youth sports coach (soccer, softball), AYSO certified
certificates of training, licenses, and professional registration. Parks & Rec Commission, city of Rye Brook, NY (3 years)
If describing work experience, please include
company/employer name and occupation.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
I Application Questions
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
position?
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Archived video meetings are available from the Midpen Media Center
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
Parks. Trails. Natural Open Spaces. & Recreation Master Plan (2017)
Palo Alto Comprehensive Plan (2017): Community Services and Facilities
Element & Natural Environment Element Baylands Master Plan (2008)
Park Dedication Ordinance (Municipal Code)
Bicycle - Pedestrian Transportation Plan (2012)
San Carlos Economic Development Advisory Commission (2 years)
Pluggedln volunteer (tech training for disadvantaged youth)
Stanford Peninsula Alumni Board (10 years)
I love the green spaces in Palo Alto and use them frequently, seeing the
various activities there:
* Youth sports (organized and pickup)
* Adult sports (I'm active in Ultimate Frisbee)
* Children's playgrounds (3 kids)
Dog use (I have a 7 -year -old cockapoo)
Bicycling (I ride most everywhere with kids)
Nature exploration (avid hiker and birdwatcher)
I served on Parks & Rec in Rye Brook, NY and affected projects such as
playground renewals, pickleball court introductions, DFIB installations
and maintenance improvements.
I'd love to bring my experience from Parks & Rec, personal involvement
and knowledge of Palo Alto having first moved here in 1991 to the city!
Grass vs Artificial Turf mandates. I feel that there is need for both but the
balance should be in favor of grass given the California climate and
environmental impacts of turf.
I believe that Palo Alto has some excellent facilities and want to make
sure there is safe and convenient access to them for pedestrians and
bicycles (path and signage improvements, safe crossing, bike parking,
etc.).
In the past, I've read portions of the Bicycle Pedestrian Plan and the
Cubberley Report.
2 of 3
Item 1: Staff Report Pg. 4 Packet Pg. 10 of 377
Youth Master Plan (2003)
Cubberley Community Advisory Committee Report (2013)
Concordia Master Plan (2019)
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
View the Boards and Commissions Handbook
Signature
Date Completed
Item 1
Attachment A - Redacted
PRC Applications
Yes
Name of signatory: Vadim Axelrod
Link to signature
09/21/2024
3 of 3
Item 1: Staff Report Pg. 5 Packet Pg. 11 of 377
Submitted on
Receipt number
Related form version
I Personal Information
20 September 2024, 8:32pm
73
10
Name Christopher Alan Brosnan
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident? Yes
Address
City
Postal Code
Do you have any relatives or members of your household who No
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
Are you available and committed to complete the term applied Yes
for?
Fair Political Practices No
California state law requires board/commission members to file a disclosure
of financial interests (Fair Political Practices Commission, Conflict of Interest.
Form 700).
Do you/your spouse have an investment in, or do you or your spouse serve as
an officer or director of, a company doing business in Palo Alto which you
believe is likely to:
1. Engage in business with the City;
2. Provide products or services for City projects; or
3. Be affected by decisions of this Board or Commission?
Excluding your principal residence, do you or your spouse No
own real property in Palo Alto?
How did you learn about the vacancy on the Parks and Email from the City
Recreation Commission?
1 of 3
Item 1: Staff Report Pg. 6 Packet Pg. 12 of 377
Item 1
Attachment A - Redacted
PRC Applications
Consent to Publish Personal Information on the City of Palo Alto Website
Read the code, and check only ONE option below:
I Personal and Job Experience
Occupation
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
I Application Questions
I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City's website.
Driver
I was a CYSA soccer referee, mainly in Palo Alto, for over five years
I have coached basketball at Gunn High School for ten seasons now
I lifeguarded and taught swim lessons for the city for eight years
I've been volunteering at the Palo Alto Pollinator Garden for three years
now
I help maintain the native plant garden at Mitchell Park Library
I serve on the landscape committee for the Greenhouse condominiums
in Palo Alto
1. Why are you interested in serving on the Parks & Recreation I am an avid gardener and hiker. I have lived in Palo Alto for over 30
Commission and what experience would you bring to the years. I know every park and trail in this amazing town. My knowledge
position? and vigour for people and plants would be an incredible asset to the
commission. I have a lot of experience working with youths.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Archived video meetings are available from the Midpen Media Center
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
Parks. Trails. Natural Open Spaces. & Recreation Master Plan (2017)
Palo Alto Comprehensive Plan (2017): Community Services and Facilities
Element & Natural Environment Element Baylands Master Plan (2008)
Park Dedication Ordinance (Municipal Code)
Bicycle - Pedestrian Transportation Plan (2012)
Youth Master Plan (2003)
Cubberley Community Advisory Committee Report (2013)
Concordia Master Plan (2019)
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
View the Boards and Commissions Handbook.
Drawing pickleball lines at Fletcher Middle School is important to me
because I live nearby and I love playing pickleball
Mitchell Park needs more trees. I know which trees to plant and where
for maximum benefit
I do not have eperience with these documents, but I am very good with
computers and my reading comprehension is spectacular.
Yes
2 of 3
Item 1: Staff Report Pg. 7 Packet Pg. 13 of 377
Item 1
Attachment A - Redacted
PRC Applications
Signature
Name of signatory: Chris Brosnan
Link to signature
Date Completed 09/20/2024
3 of 3
Item 1: Staff Report Pg. 8 Packet Pg. 14 of 377
Submitted on
Receipt number
Related form version
I Personal Information
7 October 2024, 12:26am
80
10
Name Yu Deng
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?
Address
Yes
City _
Postal Code
Do you have any relatives or members of your household who No
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
Are you available and committed to complete the term applied Yes
for?
Fair Political Practices No
California state law requires board/commission members to file a disclosure
of financial interests (Fair Political Practices Commission, Conflict of Interest.
Form 700).
Do you/your spouse have an investment in, or do you or your spouse serve as
an officer or director of, a company doing business in Palo Alto which you
believe is likely to:
1. Engage in business with the City;
2. Provide products or services for City projects; or
3. Be affected by decisions of this Board or Commission?
Excluding your principal residence, do you or your spouse No
own real property in Palo Alto?
How did you learn about the vacancy on the Parks and Community Group
Recreation Commission?
Email from the City
1 of 4
Item 1: Staff Report Pg. 9 Packet Pg. 15 of 377
Item 1
Attachment A - Redacted
City Website PRC Applications
I Consent to Publish Personal Information on the City of Palo Alto Website
Read the code, and check only ONE option below:
I Personal and Job Experience
Occupation
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
I Application Questions
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
position?
I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City's website.
Investor Relations
Education:
1. Master of Science (MS), Economics, Finance, and Management
University of Bristol 2007 - 2008
2. Bachelor of Business Administration (BBA), ACCA
Shanghai Jiao Tong University 2002 - 2006
3. Certificate in Foods, Nutrition, and Health
UW Professional & Continuing Education 2014-2015
Work Experience:
1. Investor Relations Director @ Ark7 Inc 2021 — Present
Part-time role managing investor relations for a fractional real estate
investment platform.
2. Owner and Lead Instructor @ FIT4MOM 2012 - 2018
Managed and led fitness classes, including pre- and post -natal workouts,
promoting community health and wellness in Bellevue, Washington.
1. PTA President — Ohlone Elementary School 2024 - 2025
I currently serve as the PTA President at Ohlone Elementary School,
leading efforts to foster strong school -community relations and
coordinating activities that support both students and faculty. My role
involves organizing events, managing committees, and serving as a key
liaison between parents, staff, and the school administration.
2. Partnership Lead — 8by8 2021 - 2023
I have focused on civil rights and social action, building partnerships with
organizations to advocate for social justice causes.
3. Parks and Community Services Board Member — City of Bellevue, WA
2016-2018
I collaborated with city officials to improve community parks and
recreational services. I played a role in policy discussions, long-term
planning, and community engagement, ensuring that public spaces met
the needs of Bellevue residents.
I am passionate about enhancing community well-being by creating
vibrant public spaces where individuals and families can connect, be
active, and enjoy nature. Serving on the Palo Alto Parks & Recreation
Commission would allow me to contribute to the development of parks
and programs that foster community engagement.
My experience as a Parks and Community Services Board Member in
Bellevue, Washington has provided valuable insight into park planning
and management, ensuring that spaces meet diverse community needs.
As the PTA President at Ohlone Elementary School, I've developed
strong leadership skills and successfully organized inclusive community
events.
With my background in community service, leadership, and public
engagement, I am eager to support initiatives that promote outdoor play,
2 of 4
Item 1: Staff Report Pg. 10 Packet Pg. 16 of 377
Item 1
Attachment A - Redacted
youth programs, and wellness for P PRC Applications erience will
allow me to make a meaningful contribution to me ar s Recreation
Commission.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Archived video meetings are available from the Midpen Media Center.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
Parks Trails Natural Open Spaces & Recreation Master Plan (2017)
Palo Alto Comprehensive Plan (2017): Community Services and Facilities
Element & Natural Environment Element Bavlands Master Plan (2008)
Park Dedication Ordinance (Municipal Code)
Bicycle - Pedestrian Transportation Plan (2012)
Youth Master Plan (2003)
Cubberley Community Advisory Committee Report (2013)
Concordia Master Plan (2019)
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
View the Boards and Commissions Handbook
Signature
A recent issue that came before the Palo Alto Parks & Recreation
Commission, which is of particular interest to me, is the ongoing
discussion regarding the lack of a city -owned indoor gym. This is a
significant concern, as access to year-round indoor recreational facilities
is essential for promoting physical activity, especially during colder
months. Palo Alto residents are currently debating between two potential
locations: Greer Park and the Cubberley Community Center.
I am particularly interested in this issue because it directly impacts the
well-being of families and youth in our community. An indoor gym would
provide opportunities for sports programs, fitness classes, and
recreational activities that bring residents together. Both locations offer
unique benefits —Greer Park has ample space, while Cubberley has
existing infrastructure for community use. I am eager to see how the
Commission balances these factors to determine the best solution for
residents.
I'd like to focus on how Palo Alto's parks and recreational spaces can
adapt to the state mandate to accommodate 6,000 new housing units,
with 40% designated for low-income residents. This poses both
challenges and opportunities to ensure that existing and new parks are
accessible and equipped to serve a growing, diverse population.
One key goal is to ensure that green spaces and recreational facilities
expand with housing development, particularly in areas where density will
increase. This includes identifying available land and collaborating with
city planners, builders, and community members to incorporate parks
and recreational amenities into housing plans. I would also advocate for
innovative solutions, such as multi -use facilities, to maximize space in
urban areas.
By leveraging my experience in community engagement and public
service, I would work to gather feedback from residents and
stakeholders to ensure that parks continue to meet the evolving needs of
our growing community.
The Parks, Trails, Natural Open Space, and Recreation Master Plan for
Palo Alto outlines a vision for the city's parks and recreation system over
the next 20 years. It focuses on community engagement, guiding
principles, and goals to enhance existing facilities while addressing
future needs. The plan includes policies, projects, and recommendations
for capital improvements and prioritizes investments in recreation,
programming, and environmental maintenance.
Yes
Name of signatory: Yu Deng
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Item 1
Attachment A - Redacted
PRC Applications
Link to signature
Date Completed
10/05/2024
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Submitted on
Receipt number
Related form version
I Personal Information
30 September 2024, 10:56pm
78
10
Name James Fox
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?
Address
Yes
City _
Postal Code
Do you have any relatives or members of your household who No
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
Are you available and committed to complete the term applied Yes
for?
Fair Political Practices No
California state law requires board/commission members to file a disclosure
of financial interests (Fair Political Practices Commission, Conflict of Interest.
Form 700).
Do you/your spouse have an investment in, or do you or your spouse serve as
an officer or director of, a company doing business in Palo Alto which you
believe is likely to:
1. Engage in business with the City;
2. Provide products or services for City projects; or
3. Be affected by decisions of this Board or Commission?
Excluding your principal residence, do you or your spouse No
own real property in Palo Alto?
How did you learn about the vacancy on the Parks and Other: David Moss, past member of the Board, told me about it and
Recreation Commission? suggested I apply.
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Item 1: Staff Report Pg. 13 Packet Pg. 19 of 377
Item 1
Attachment A - Redacted
PRC Applications
Consent to Publish Personal Information on the City of Palo Alto Website
Read the code, and check only ONE option below:
I Personal and Job Experience
Occupation
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
I Application Questions
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
position?
I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City's website.
patent attorney
I am an attorney licensed to practice law in California, and before the US
Patent and Trademark Office (graduate of Santa Clara University Law
School). I work in-house at a Bay Area pharmaceutical company
(Corcept Therapeutics).
I have a Ph.D. in Neuroscience from UCLA, and performed research at
UCLA, UCSF, and at a local biotech company prior to going to law
school and beginning to practice law.
I also worked at a scientific instrumentation company (providing
instruments and software for biophysical research) prior to and during
law school.
In my work, I have co-ordinated teams made up of people with different
skills and functions to develop, manufacture, and sell new products; I
believe that such experience working with teams on multi -year projects
should be applicable to the work of the Parks & Recreation Commission
as well.
I live, work, and play in Palo Alto.
I served on the Gunn Foundation Board (2006-2012, 3 years chair) -
which provides college scholarships to Gunn High graduates with
financial need.
I was a community member (2008 - 2009) for the accreditation of Gunn
High by the Western Association of Schools and Colleges.
I participated (2018-2019) in community meetings (organized by
Concordia Group) discussing plans for the Cubberly site.
As a member of the Housing Impact Team at my synagogue, I helped us
obtain a permit so unhoused car -dwellers could park in our parking lot at
night.
I am an avid tennis player. as a USTA player and team captain or co -
captain, I was pleased to be able to reserve courts throughout the city
for USTA matches.
I am a constant bike rider and bike commuter, and take advantage of
Palo Alto's bike boulevards to work and to and from our many parks
(including occasionally biking to the Arastradero Preserve or Foothills
Park, as well as to Mitchell, Peers, and others).
I value participation in my community, and I enjoy the parks and
recreational activities made available by the City. I believe that providing
spaces and recreational activities enrich our community, and bring
people together in positive ways - and I would like to help maintain and
expand such services.
My experience as a user of our parks, open spaces, children's (e.g.,
Children's Theater) and recreational activities provides me with a
"consumer" perspective regarding how this Commission's work is valued
by the community.
My work experience has given me some familiarity with budgets, long-
term planning (and how plans need to include room for change and
delays), and working with disparate groups having different and
sometimes competing interests. I believe that these and other skills
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Item 1: Staff Report Pg. 14 Packet Pg. 20 of 377
Item 1
Attachment A - Redacted
should be useful in the work of the PRC Applications performing
the work of the Board.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Archived video meetings are available from the Midpen Media Center.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
Parks. Trails. Natural Open Spaces. & Recreation Master Plan (2017)
Palo Alto Comprehensive Plan (2017): Community Services and Facilities
Element & Natural Environment Element Baylands Master Plan (2008)
Park Dedication Ordinance (Municipal Code)
Bicycle - Pedestrian Transportation Plan (2012)
Youth Master Plan (2003)
Cubberley Community Advisory Committee Report (2013)
Concordia Master Plan (2019)
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
View the Boards and Commissions Handbook
Signature
Most recently, the proposal to extend the Palo Alto Airport runway over
the Duck Pond has garnered much attention; surprisingly, those who
proposed it did not seem to know that the nature preserve was protected
parkland, and would require a public vote to allow such an intrusion. I
would like to help preserve our open spaces and land vital to the survival
of native birds, animals, and plants.
I believe that maintaining and expanding our parkland, providing space
for ad hoc public use (e.g., picnics, frisbee golf, birthday parties) as well
as for organized recreational activities and sports, and providing green
and open space for all to enjoy is very important for our city.
I am interested in the proper development of Cubberly; I support the
work providing bathrooms to parks that do not yet have them; I support
the upgrading of our children's play spaces for improved safety, access,
and water conservation; I support our public gardens, and bikeways and
pollinator pathways to our parks.
I believe that we must reach a workable agreement with the School
District and actually implement a plan for Cubberly to upgrade and
refurbish the sports and recreational facilities - it is time to move forward
there. I am interested in the plans to expand and upgrade the sports
facility in the Baylands off Geng Road, while maintaining the integrity of
the nature preserve and protecting wildlife there and in nearby Bixby
Park, and protecting all of that from any detrimental work in the airport. I
am interested in the additional land near Foothills Park and would be
happy to develop some of it for recreational use (and to provide access
to the present portions of the park) while preserving as much of its
natural state as possible. As a camper at the Towle campground with our
kids when they were small, I appreciate that use of Foothills Park and
would support expansion of camping - possibly to the new area.
I participated as a community member in the public meetings and
discussions facilitated by Concordia that were the basis of the
"Concordia Master Plan 2019"; I have reviewed the "Parks, Trails,
Natural Open Spaced, & Recreational Master Plan (2017)"; I have
reviewed the "Palo Alto Baylands Handbook" published by the League of
Women Voters in 1975 (which I understand was quoted in the "Baylands
Master Plan (2008)") which cites the 1965 Palo Alto initiative as requiring
city land for parks and recreational facilities to be dedicated by
ordinance, which would require a city referendum for the approval of any
substantial building, construction, reconstruction, or development - which
calls into question an extension of the airport runway over the Duck Pond
- I believe the Parks & Recreation Commission has responsibility and
should be involved in protecting our park and bay land from such
encroachment.
Yes
Name of signatory: James Fox
Link to signature
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Date Completed
Item 1
Attachment A - Redacted
PRC Applications
09/30/2024
Item 1: Staff Report Pg. 16 Packet Pg. 22 of 377
4 of 4
Submitted on
Receipt number
Related form version
I Personal Information
Name
Cell Phone Number
15 September 2024, 6:35pm
72
10
Marc Schoenen
Home Phone Number
Email Address
Are you a Palo Alto resident? Yes
Address
City
Postal Code
Do you have any relatives or members of your household who No
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
Are you available and committed to complete the term applied Yes
for?
Fair Political Practices No
California state law requires board/commission members to file a disclosure
of financial interests (Fair Political Practices Commission, Conflict of Interest.
Form 700).
Do you/your spouse have an investment in, or do you or your spouse serve as
an officer or director of, a company doing business in Palo Alto which you
believe is likely to:
1. Engage in business with the City;
2. Provide products or services for City projects; or
3. Be affected by decisions of this Board or Commission?
Excluding your principal residence, do you or your spouse No
own real property in Palo Alto?
How did you learn about the vacancy on the Parks and Email from the City
Recreation Commission?
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Item 1: Staff Report Pg. 17 Packet Pg. 23 of 377
Item 1
Attachment A - Redacted
PRC Applications
Consent to Publish Personal Information on the City of Palo Alto Website
Read the code, and check only ONE option below:
I Personal and Job Experience
Occupation
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
I give permission for the City of Palo Alto to post to the City's website the
attached Board and Commission Application intact. I have read and
understand my rights under Government Code Section 6254.21. I may
revoke this permission at any time by providing written notice to the Palo
Alto City Clerk.
Human Resources, General Motors
Master's of Business Administration - Harvard
Bachelor of Arts, Dual Major: Economics and Business Administration,
Franklin & Marshall College
People's Playbook Podcast - Guest Interviewee - Subject "Setting
Boundaries"
Carta - Interviewed as a contributor / rewards leader on the topic of
location -based pay for remote workers in the post-Covid pandemic
workplace environment
Member and Contributor - World at Work
Member - Conference Board - Compensation Council
Member - Conference Board - Executive Compensation Council
Member - HR Policy Association
(Work Experience) Former Director, Global Compensation - Google
(Work Experience) Former Sr. Director, Global Compensation - Uber
(Work Experience) Former Vice President, Total Rewards - Impossible
Foods
(Work Experience) Current - Director, Compensation, General Motors
Patron/Contributor/Performer - Western Ballet
Patron/Contributor - Palo Alto Children's Theatre
Patron/Contributor - Palo Alto Players
Patron/Contributor - iSing
Patron/Contributor - Palo Alto City Library
Coach - Palo Alto Little League (2011-2013)
Lector/Eucharistic Minister - St. Thomas Aquinas Church
Mentor - Harvard Business School - to multiple current students
Former Volunteer - GlassDoor - Homeless Shelter when we lived in
London (2015-2019)
Contributor - Palo Alto Partners in Education
2 of 4
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Item 1
Attachment A - Redacted
Contributor - Gunn Foundation PRC Applications
Patron/Contributor/Volunteer - Greenmeadow Swim Association
Patron/Contributor/Volunteer - Diabetes Youth Families (2019 -present)
I Application Questions
1. Why are you interested in serving on the Parks & Recreation We first moved here in 2011; we have seen greatness across our
Commission and what experience would you bring to the community: The creation of Magical Bridge playground, the reopening of
position? Mitchell Park Library with Ada's Cafe; there is much reason for optimism.
After a gorgeous Summer filled with the Chili Cook -Off, concerts and
movies in our parks, how can one not be excited about the splendor of
Palo Alto's myriad recreational opportunities!
Concurrently, there are opportunities in advocating for access. COVID-
19 upset all of society with disproportionate impact on vulnerable
populations. Additionally, the growing cacophony on climate change
obligates the commission to consider ways to support our community to
thrive long-term. We are involved in local theater, sports, and frequent
many small businesses that help Palo Alto thrive. In my day job, I have
worked in Human Resources for 15+ years; my experience allows me to
understand challenges in optimizing resources and promoting fairness,
inclusion and equity across populations.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Archived video meetings are available from the Midpen Media Center.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
Parks Trails Natural Open Spaces & Recreation Master Plan (2017)
Palo Alto Comprehensive Plan (2017): Community Services and Facilities
Element R Natural Environment Element Bavlands Master Plan (2008)
Park Dedication Ordinance (Municipal Code)
Bicycle - Pedestrian Transportation Plan (2012)
June's PRC heard a presentation on traffic gardens. This topic really hits
home for me. Our older daughter was also a student at Gunn (now
graduated - in college), who would frequently bike to and from school. It
underscores the opportunities that our children face in "hoed' we provide
rich experiences for them, even in something as mundane and routine as
commuting to school. Additionally, it emphasizes the need to reconsider
ways to provide experiential opportunities for Palo Alto's next generation
of leaders. By listening and providing opportunities for the youth of Palo
Alto to become more involved as citizen advocates, there is an amazing
path for this recreational activity (biking!) to be promoted and
shepherded in a community -inducing and safe manner. And not only to
be implemented, but also to be maintained and to thrive, setting an
example for other communities on bicycle safety, and integrating
experience into a daily school commute.
Two areas I'm most passionate about are Bicycle / E -bike policy and
access and the Parks long-term plan. On the former, I would help ensure
there is a holistic and understood view on which areas bikes can access,
and how they are inclusive and safe for bikers and other travelers alike.
As e -bikes are more prevalent throughout our community, it is important
that a balance is made to ensure access, while ensuring the safety and
access of others who may want to enjoy the same trails, etc. as e -bikers.
On the Parks long term plan, I would humbly come in with the
understanding the Parks and Recreation commission has spent many
years successfully developing and crafting a long-term plan. I would want
to become even more familiar with such, and help ensure that milestones
and success metrics are clearly defined and delivered upon, through
reporting, transparency, and conversation with all of the relevant
stakeholders. I am excited and humbled to be considered for this role.
My primary experience with the above is as a citizen and member of the
community - whether as a parent (re: Youth Master Plan), a bicycle
commuter (I bike to work, our two oldest children have biked to school),
and a frequenter of events and sporting activities across Palo Alto's
various parks. We are an "outside" family, so Parks and Recreation is a
topic that is near and dear to our collective hearts.
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Item 1: Staff Report Pg. 19 Packet Pg. 25 of 377
Youth Master Plan (2003)
Cubberley Community Advisory Committee Report (2013)
Concordia Master Plan (2019)
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
View the Boards and Commissions Handbook.
Signature
Date Completed
Item 1
Attachment A - Redacted
PRC Applications
Yes
Name of signatory: Marc R Schoenen
09/15/2024
4 of 4
Item 1: Staff Report Pg. 20 Packet Pg. 26 of 377
Submitted on
Receipt number
Related form version
I Personal Information
Name
Cell Phone Number
6 October 2024, 5:24pm
77
10
Rebecca Shomair
Home Phone Number
Email Address
Are you a Palo Alto resident? Yes
Address _
City _
Postal Code
Do you have any relatives or members of your household who No
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
Are you available and committed to complete the term applied Yes
for?
Fair Political Practices No
California state law requires board/commission members to file a disclosure
of financial interests (Fair Political Practices Commission, Conflict of Interest.
Form 700).
Do you/your spouse have an investment in, or do you or your spouse serve as
an officer or director of, a company doing business in Palo Alto which you
believe is likely to:
1. Engage in business with the City;
2. Provide products or services for City projects; or
3. Be affected by decisions of this Board or Commission?
Excluding your principal residence, do you or your spouse No
own real property in Palo Alto?
How did you learn about the vacancy on the Parks and Community Group
Recreation Commission?
Email from the City
1 of 4
Item 1: Staff Report Pg. 21 Packet Pg. 27 of 377
Item 1
Attachment A - Redacted
Palo Alto Weekly PRC Applications
I Consent to Publish Personal Information on the City of Palo Alto Website
Read the code, and check only ONE option below:
I Personal and Job Experience
Occupation
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
I Application Questions
I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City's website.
Marketing and Communications
I have over 20 years of experience in high-tech marketing and
communications. My expertise includes:
• Translating complex technical and policy topics into easily
understandable content
• Public relations, social media, internal, crisis, and executive
communications
• Developing and implementing communication programs aligned with
corporate goals and regulatory requirements
Relevant work experience:
• Cisco (Current): Head of Communications for Outshift, Cisco's internal
incubator focused on creating what's next and new for the company
• Dataiku (2021-2024): VP of Communications
• Hitachi Vantara (2017-2021): Various senior communications roles
• Pentaho (2010-2017): Led corporate communications, through
acquisition by Hitachi
I hold a BA in Journalism with minor in Business from Indiana University
Bloomington (our sister city), providing a strong foundation for work in
policy communication and public affairs.
Born and raised in a small Georgia town, I learned early that community
involvement is a way of life. These values led me to Greenmeadow in
Palo Alto, where I've found numerous ways to contribute. They say if you
want something done, give it to a busy person - that's me!
My community involvement includes:
• Greenmeadow community (2017 -present):
o Annual 4th of July Parade and swim team volunteer
o Lead organizer for holiday events (Halloween, winter celebrations)
• Oshman Family JCC Board Member (2018 -present):
o Co -Chair of Board Alumni Group (current)
o Former Vice Chair of Executive Committee
o Former Chair of Early Childhood Education Committee
o Co-chair of annual benefit
o Co-chair of multiple OFJCC Chai Giving Circles
• Children's schools & activities:
o Regular volunteer for school events
o Palo Alto Soccer Club team parent
These experiences have deepened my understanding of Palo Alto's
community needs and recreational facilities.
1. Why are you interested in serving on the Parks & Recreation I recognize that the next few years are critical, especially with the
Commission and what experience would you bring to the Cubberley project, and I hope to play a significant role in moving it
2 of 4
Item 1: Staff Report Pg. 22 Packet Pg. 28 of 377
position?
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Archived video meetings are available from the Midpen Media Center.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
Parks Trails Natural Open Spaces & Recreation Master Plan (2017)
Palo Alto Comprehensive Plan (2017): Community Services and Facilities
Element R Natural Environment Element Bavlands Master Plan (2008)
Park Dedication Ordinance (Municipal Code)
Bicycle - Pedestrian Transportation Plan (2012)
Youth Master Plan (2003)
Cubberlev Community Advisory Committee Report (2013)
Concordia Master Plan (2019)
Item 1
Attachment A - Redacted
forward. My background in strategic PRC Applications a valuable
in engaging the community and translating complex plans Into accessible
information.
As a frequent user of Palo Alto's parks and a parent, I have a personal
stake in their development. My experience in tech could bring fresh
perspectives on using data to improve park management and user
experience. I'm excited about the opportunity to help shape our
recreational spaces, ensuring they meet the diverse needs of our
community while navigating challenges and opportunities for innovation.
Palo Alto has truly become my home, and I'm committed to contributing
in ways I know I can. I want to make it even better for all residents.
I've long been interested in the ongoing discussion about Cubberley
Community Center, and recent developments make it even more
exciting. I've followed this issue, from attending community planning
meetings with Concordia years ago to the landmark agreement just
announced between the city and school district.
This new deal, allowing the city to purchase 7 acres and redevelop the
aging campus, is a significant step forward. The challenge now is
developing a plan that balances preserving existing services with
modernization and expansion, all while preparing for a crucial bond vote
in November 2026.
I'm particularly interested in how we can transform Cubberley into a
multi -use space that fosters community connections while addressing
needs like updated recreational facilities and flexible spaces for evolving
programs. The decisions made will have long-lasting impacts on our
city's social fabric and quality of life.
If appointed, I would focus on three main goals with an approach that is
both collaborative and community -focused.
1. Enhance community engagement: Leverage my communications
expertise to increase awareness and participation in parks and
recreation programs. I'd develop outreach strategies to ensure
community members are informed and involved.
2. Explore Al opportunities: Utilize my tech background to investigate
how Al could enhance our parks and recreation offerings. This could
include Al -assisted program recommendations or improved data analysis
for better decision -making, always ensuring alignment with city policies
and privacy concerns.
3. Advance key projects: Prioritize moving forward on critical projects like
Cubberley Community Center. I'd use my skills in facilitation, strategic
communication, and policy development to help build consensus,
navigate complex stakeholder landscapes, and maintain momentum on
these important initiatives.
To be upfront, I don't have direct experience with these specific
documents. But as a communications professional who's tackled
complex policies and technical content, I'm confident I can quickly
become familiar with them.
Throughout my career, I've excelled at taking dense technical information
and making it accessible to diverse audiences. What sets me apart is
my expertise in breaking down complex docs into various engaging
formats - think social media posts, videos, e -books, and more. A
valuable skill in helping the community better understand and engage
with parks and recreation policies and plans.
While I may not have hands-on experience with these exact documents,
I'm an avid Palo Alto Weekly reader (home delivery subscriber) and have
kept a close eye on park and recreation updates, opportunities, and
issues. This has given me a solid grasp of how the work the Parks and
Recreation Commission does and these documents impact our
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Item 1: Staff Report Pg. 23 Packet Pg. 29 of 377
Item 1
Attachment A - Redacted
community. PRC Applications
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
View the Boards and Commissions Handbook.
Signature
Date Completed
Yes
Name of signatory: Rebecca Shomair
Link to signature
10/06/2024
4 of 4
Item 1: Staff Report Pg. 24 Packet Pg. 30 of 377
Item 2
Item 2 Staff Report
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
CITY O F Lead Department: City Clerk
PALO
LTO
Meeting Date: October 21, 2024
Report #:2409-3486
TITLE
Resolution in Support of the Child Care Program: Build the Future Santa Clara County
RECOMMENDATION
On behalf of the Mayor, this resolution supporting the Build the Future Santa Clara County
initiative is presented for consideration for a vote of approval.
ATTACHMENTS
Attachment A: Resolution in Support of Build the Future Santa Clara County
APPROVED BY:
Mahealani Ah Yun
Item 2: Staff Report Pg. 1 Packet Pg. 31 of 377
I
Item 2
Attachment A -
Resolution in Support of
Build the Future Santa
Clara County
IN SUPPORT OF BUILD THE FUTURE SANTA CLARA COUNTY
WHEREAS, the Council for a Strong America issued a report in early 2023 which details that the
shortage of infant -toddler child care costs the United States $122 billion in lost earnings, productivity, and
revenue every year; and
WHEREAS, this shortage translates to a $15 billion economic threat to California and a $3 billion
threat to Santa Clara County; and
WHEREAS, a family living in Palo Alto needs to pay an average of $38,400 per child year for infant
care, $30,600 per year for one preschooler's child care; and $10,500 per year for one school age student's
afterschool child care; and
WHEREAS, the two most significant monthly expenses faced by working families are rent and child
care; and
WHEREAS, the lack of an affordable child care option leads to underemployment, greater housing
instability, less consumer spending, depressed business productivity and the near impossibility of seeking,
securing and maintaining employment; and
WHEREAS, investing in affordable child care provides vital infrastructure to working parents and
supports early childhood development, allows families to remain the Bay Area, creates a stronger
economy, improves business productivity and consumer spending, decreases poverty, leads to safer
communities, and provides additional revenue for cities; and
WHEREAS, cities have a direct interest in building strong local economies, supporting and
benefiting from local small businesses, attracting and retaining families and employers; and
WHEREAS, one of the most impactful tools we can deploy to solve our greatest economic and
societal challenges is investing in broadly accessible, high quality child care immediately; and
WHEREAS, investments in the child care sector should prioritize supporting our most underserved
children and their families, as demonstrated locally with the City's Child Care Subsidy Program; and
WHEREAS, the City of Palo Alto has actively demonstrated the importance of Early Care and
Education since the 1970's by commissioning and working on goals linked to a series of Child Care
Master Plans, in addition to our support for ongoing work of the Palo Alto Early Care and Education
Committee (PAACECE), the City's key arm to work on child care issues; and
WHEREAS, the City of Palo Alto has long recognized the importance of early learning and education
as articulated in the Comprehensive Plan 2030 Policy #'s T-2.5 and C-1.15; and
O
Item 2: Staff Report Pg. 2 7
O
Item 2
OAttachment A -
Resolution in Support of
Build the Future Santa
WHEREAS, the City of Palo Alto understands that the ability to afford quali cial
need for its workforce and has implemented a program which assists regular em Clara County care
expenses; and
NOW, THEREFORE, BE IT RESOLVED that the City of Palo Alto continue to support efforts to
provide access to high -quality child care to all children and families in Palo Alto; and be it further
RESOLVED, that the City of Palo Alto will continue to empower City departments to, as applicable,
promote child care businesses in the city and provide support for providers who desire to operate within
the city; and
RESOLVED, that the City of Palo Alto will continue to empower and promote the importance of
child care businesses through the work of the PAACECE which advises the City on early care issues
under the oversight of the Community Services Department and provides support for providers who
desire to operate within this city; and
RESOLVED, that the City of Palo Alto joins with Build the Future Santa Clara County through
PAACECE in advocating for solutions to address our child care crisis, including but not limited to
working with a diverse array of partners for the purpose of addressing this economic and social crisis.
INTRODUCED AND PASSED: September 16, 2024
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager City Attorney
O
O
Item 3
Item 3 Staff Report
City Council
Staff Report
Report Type: CONSENT CALENDAR
CITY O F Lead Department: City Clerk
PALO
a LTO
Meeting Date: October 21, 2024
Report #:2410-3561
TITLE
Approval of Minutes from September 30, 2024 and October 7, 2024 Meetings
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: September 30, 2024 Draft Action Minutes
Attachment B: October 7, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
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Item 3
Attachment A -
September 30, 2024 Draft
CITY COUNCIL
"�. Action Minutes
CITY Or
PALO DRAFT ACTION MINUTES
ALTO
Special Meeting
September 30, 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:
Agenda Changes, Additions and Deletions
Closed Session
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b);
Title: City Manager and City Attorney
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8.
Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)
Negotiating Party: Palo Alto Unified School District
City Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai)
Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment
3. CONFERENCE WITH CITY ATTORNEY -POTENTIAL LITIGATION
Subject: Potential litigation regarding refund of parking in -lieu fees paid by Hamilton
Real, LLC in connection with development of
240-248 Hamilton Avenue, as set forth in letter dated May 15, 2024 from David
Lanferman, Esq.
Authority: Potential Exposure to Litigation Under Government Code Section
54956.9(d)(2) One Case, as Defendant
MOTION: Council Member Lauing moved, seconded by Council Member Kou to go into Closed
Session.
MOTION PASSED: 7-0
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Attachment A -
DRAFT ACTION MI N UT September 30, 2024 Draft
Action Minutes
Council went into Closed Session at 5:33 P.M.
Council returned from Closed Session at 10:28 P.M.
Mayor Stone announced no reportable action.
Adjournment: The meeting was adjourned at 10:29 P.M.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the
City's website.
Item 3: Staff Report Pg. 3
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Sp. City Council Meeting
Draft Action Minutes: 09/30/2024
Packet Pg. 36 of 377
Item 3
ttachment B - October 7,
2024 Draft Action
C CITY COUNCIL Minutes
CITY Or
PALO DRAFT ACTION MINUTES
ALTO
Regular Meeting
October 7, 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
Present Remotely:
Absent:
Special Orders of the Day
Burt, Kou, Lythcott-Haims, Stone, Tanaka, Veenker
Council Member Tanaka Arrived at 5:35 P.M.
Lauing
1. Signing of a Fricndship City Agrccmcnt bctwccn thc City of Palo Alto and Narok,
Kcnya in
Celebration of Palo Alto's First Fricnd.-hip City Item Removed Off Agenda
NO ACTION
2. Resolution Expressing Appreciation to Amy French Upon Her Retirement
MOTION: Council Member Kou moved, seconded by Council Member Burt to approve resolution
Expressing Appreciation to Amy French Upon Her Retirement.
MOTION PASSED: 7-0
Closed Session
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Clerk
4. CONFERENCE WITH LABOR NEGOTIATORS
Authority: Cal. Gov. Code section 54957.6;
Agency representative: Dan Rich, MRG;
Unrepresented Employees: City Attorney, City Clerk and City Manager
Page 1 of 5
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Item 3
ttachment B - October 7,
DRAFT ACTION MINUT
N U T 2024 Draft Action
Minutes
inconsistent with theCit s zoning code and or Comprehensive Plon lond use
designotions .which the
appliconts hoveasserted the City connot disopprove—under Government Code
65589.5(d)(5)
Authority RAtent+a1€xposure—t9 Litigation Under Government Code Section
54956.9(d)(2)
1O coses, s Defendont. Item Removed Off Agenda
MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to go
into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:42 P.M.
Council returned from Closed Session at 8:35 P.M.
Mayor Stone announced no reportable action.
Agenda Changes, Additions and Deletions
Public Comment
Council Member Questions, Comments and Announcements
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Numbers 8, 10, 15.
MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to
approve Agenda Item Numbers 6-16.
MOTION PASSED ITEMS 6-7, 9, 11-14, 16: 7-0
MOTION PASSED ITEMS 8, 10, 15: 6-1, Tanaka no
Page 2 of 5
City Council Meeting
Draft Action Minutes: 10/07/2024
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Item 3
ttachment B - October 7,
DRAFT ACTION MINUT
N U T 2024 Draft Action
Minutes
6. Approval of Minutes from September 16, 2024 and September 23, 2024 Meetings
7. Approval of Dark Fiber License Agreement No. S24189080 with Adobe Creek Networks to
Build and License Dark Fiber in the Foothills, and Approval of a Fiscal Year 2025 Budget
Amendment in the Fiber Fund; CEQA Status — Exempt under CEQA Guidelines Section
15301 and 15303.
8. Adopt a Resolution Amending Rate Schedules G-1 (Residential Gas Service), G-2
(Residential Master -Metered and Commercial Gas Service), G-3 (Large Commercial Gas
Service), and G-10 (Compressed Natural Gas Service) to Raise the Upper Limit on the
Monthly Transportation Charge; CEQA Status: Exempt Under Public Resources Code
15273(a)
9. Authorize the City Manager or their Designee to Exercise the Option to Renew the Lease
Between the City of Palo Alto and Steve Nash and Dennis Ryan for 4 Months at 975 Terra
Bella Ave in Mountain View at a Monthly Rent of $35,587.95 for a Total Not -to -Exceed of
$213,527.70 through February 28, 2025; Direct Staff to Explore Purchase of Property to
Meet the Future Needs of Grid Modernization and Other Capital Projects; and Approval
of an Amendment to Fiscal Year 2025 Budget Appropriation in the Electric Fund; CEQA
Status — Categorically Exempt; Sec. 15301.
10. Approval of Two Purchase Orders, 4525000111 and S25192604 with ePlus Technology
Inc. to procure Data Center Equipment and Implementation for Fiber -to -the -Premises for
a Three -Year Term with an Amount Not -To -Exceed $543,134; CEQA Status — Mitigated
Negative Declaration Approved June 2024.
11. Adoption of a Resolution to Authorize the Acceptance of Electronic Government Claims
12. Approval of Contract Amendment Number 1 to Contract Number S24191026 with the
Palo Alto Chamber of Commerce to Increase the not -to -exceed Amount by $40,000 to
Provide Support for the 3rdThursday California Avenue Events (to a new total NTE of
$95,000); CEQA status - Not a Project
13. Adopt a Resolution to Amend Palo Alto's Baylands Priority Conservation Area to Conform
to New Planning Criteria. CEQA: Not a 'Project' and is Exempt from CEQA Review.
14. Adopt a Resolution Approving a Local Hazard Mitigation Plan Volume I and II and Adopt
the LHMP into the City's 2030 Comprehensive Plan Safety Element; CEQA status -
Resolution 9720, no additional environmental review required.
15. Approval of Amendment via Change Order to Contract Number C22183580 with MP
Nexlevel of California, Inc. in the Amount of $1,650,000 for the Fiber -to -the -Premise
(FTTP) Pilot Project inclusive of $150,000 in contingency funding for a Revised Total Not -
to -Exceed Amount of $11,347,390 From March 21, 2022 Through April 30, 2025;
Authorize the City Manager to Execute Change Orders Not -to -Exceed $150,000 for FTTP ;
Page 3 of 5
City Council Meeting
Draft Action Minutes: 10/07/2024
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ttachment B - October 7,
DRAFT ACTION MI N UT 2024 Draft Action
Minutes
CEQA Status — Council action on this item is within the scope of the Final Initial Study and
Mitigated Negative Declaration (IS/MND) for the Fiber -to -the -Premises Project, adopted
on June 17, 2024.
16. Approve Task Order 4.28 Dispatch Center Assessment as Recommended by the Policy &
Services Committee; Direct Additional Dispatch Center Work Discussed by Policy &
Services Committee Members be Considered When Reviewing the Proposed FY25 Audit
Plan; and Grant Authority to the City Manager to Execute any Necessary Privacy -Related
Agreements to Implement this Audit; CEQA status — not a project.
City Manager Comments
Ed Shikada, City Manager
Action Items
17. Approval of FY 2025 Parks and Recreation Commission and Public Art Commission
Workplans; CEQA status — not a project
MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims to
approval the Parks and Recreation Commission Fiscal Year 2025 Workplan and the additional
direction to:
1. Evaluate the middle school athletic programs and recommend approaches to align with
the current program with universal access for students and State Law and evaluate
outsourcing middle school athletics to local nonprofits.
2. Request staff agendize a study session on park dedication status and updates.
MOTION PASSED: 7-0
MOTION: Council Member Burt moved, seconded by Mayor Stone to approval the Public Art
Commission Fiscal Year 2025 Workplan and the additional direction to pursue a plan for extensive
artistic activation of the Cubberley space in collaboration with the artists.
MOTION PASSED: 7-0
Item 3: Staff Report Pg. 7
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Draft Action Minutes: 10/07/2024
Packet Pg. 40 of 377
Item 3
ttachment B - October 7,
DRAFT ACTION MI N UT 2024 Draft Action
Minutes
AA1. Authorize Execution of a Memorandum of Understanding with the Palo Alto Unified
School District for the Purchase and Lease of Land at 4000 Middlefield Road, Informally
Known as the Cubberley Site; CEQA Status— Not a Project
MOTION: Council Member Burt moved, seconded by Mayor Stone to authorize the City Manager
to execute a Memorandum of Understanding with the Palo Alto Unified School District (PAUSD
or District) for the purchase and lease of land at 4000 Middlefield Road, informally known as the
Cubberley site and direct staff and a Cubberley Ad Hoc Committee to proceed with next steps
including but not limited to resumption of master planning for the Cubberley site and
undertaking the development of formal agreements including a new lease agreement and a
purchase and sale agreement.
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned in Honor of Roy Clay Sr. at 10:45 P.M.
ATTEST:
APPROVED:
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the City's
website.
Item 3: Staff Report Pg. 8
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Draft Action Minutes: 10/07/2024
Packet Pg. 41 of 377
Item 4
Item 4 Staff Report
CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: October 21, 2024
Report #:2405-3061
TITLE
Approval of FY 2024 Reappropriation Requests to FY 2025; CEQA Status: Not a Project
RECOMMENDATION
Staff recommends that the City Council amend the Fiscal Year 2025 Budget Appropriation for
various funds as identified in Attachment A, and various capital projects as identified in
Attachment B and Attachment C (requires 2/3 approval).
EXECUTIVE SUMMARY
As a part of the fiscal year-end process, staff reviews the City's unencumbered and unspent
appropriations of the fiscal year just ended (FY 2024), along with the City's spending plans.
Encumbered amounts are contractual obligations (for example, commitments made through
purchase orders), which are carried forward from one fiscal year to the next without the need
for Council approval. Each year there are important projects that carry over or unable to
encumber funds in the year that just ended. The reappropriation process allows staff to bring
forward funding recommendations to City Council to continue these projects into the next fiscal
year (FY 2025) without impacting funding programmed for services in FY 2025.
In limited instances, staff recommends appropriation actions for the technical clean-up of
projects in the current fiscal year. In FY 2025, staff is recommending to appropriate additional
funding for the New Public Safety Building capital project (PE -15000) to adjust for higher than
anticipated salary and benefits costs and fund the contractual construction costs through
certificate of occupancy. Additionally, staff is recommending to reduce the Electric Customer
Connections capital project (EL -89028) from $5.8 million to $3.4 million. The adjustment accounts
for an over encumbrance of transformer purchases to the project, which are being reassigned to
the Grid Modernization for Electrification capital project (EL -24000) to better align funding with
planned work in FY 2025. Staff also recommends revising the New Downtown Parking Garage
project (PE -15007) funding sources schedule and expenditure schedule to reflect additional
transfers of $10.1 million from the University Avenue Parking In Lieu Fund in FY 2025. This
revision reflects the City Council direction from December 2023 to resume work on the project,
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recognizing FY 2024 year-end fund balances and increases the total project budget to $17.3
million.
BACKGROUND
On September 22, 2014, the City Council approved a recommendation to amend Chapter 2.28,
Section 2.28.090 of the Municipal Code, reducing the previous two-step reappropriations process
(preliminary and final reappropriation authorization) to one step as long as the Administrative
Services Department (ASD) Director/Chief Financial Officer (CFO) certifies that sufficient
unencumbered and unexpended funds are available in the Fiscal Year that just ended (FY 2024)
to be carried forward to the subsequent Fiscal Year (FY 2025).
Additionally, the City Council amended the Municipal Code to eliminate the provision allowing
for the automatic reappropriation of capital project funds. Since capital projects may still be
delayed or deferred for various reasons, there remains a need to reappropriate funds for capital
projects in some instances. This reappropriation is completed through a review of the status of
projects as part of the annual budget process and is built into the annual adopted budget. As FY
2024 has closed and staff has processed necessary accounting transactions, unexpended and
unencumbered funds for each capital project have been reviewed a final time. Based on that
review, staff recommends capital dollars remaining for some projects in various funds through
FY 2024 be reappropriated to FY 2025. Also, as part of this review, staff found that some
reappropriations earlier in the year resulted in excessive funding for certain projects in FY 2025.
Therefore, this staff report recommends reversing a portion of those previously authorized
reappropriations to address these situations.
ANALYSIS
Attachment A identifies those operating budget requests that staff recommends for approval,
while Attachment B lists recommended capital project requests. Attachment C includes technical
clean-up actions to align project budgets with intended funding levels. With the submission of
this report for City Council consideration, the ASD Director/CFO certifies sufficient
unencumbered and unexpended funds are available from FY 2024 to be reappropriated to FY
2025. To support the continuity of business for these ongoing projects and initiatives, this report
is being brought forward prior to the FY 2024 Annual Comprehensive Financial Report (ACFR),
scheduled to be considered by the Finance Committee in December.
Operating Budget Reappropriations
The projects recommended for budget reappropriations are outlined in more detail in
Attachment A and can generally be grouped into the following categories:
• Funding for Citywide Council Priorities: Items in this category are related to citywide
priority needs previously identified by the Council, as part of the FY 2024 priority setting
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in January 2024, that could not be completed in FY 2024 and funding is recommended to
be reappropriated to FY 2025 to complete the work. Examples of projects in this category
include: Reliance & Resiliency Strategic Plan ($0.6 million), Seismic Ordinance Update
($0.3 million), Labor Negotiations ($0.3 million), Advancing Racial Equity ($0.2 million),
and Sustainability and Climate Action Plan (S/CAP) Studies ($0.1 million).
• Timing and Workload Delays: Projects in this category were delayed due to competing
workload demands, appropriation of funds late in the fiscal year, or other unanticipated
delays. Examples of projects in this category include: Information Technology Professional
Services Contracts and Software Application Maintenance ($1.0 million), Tree Trimming
($0.4 million), Airplane Noise Reduction Study ($75,000), Foothill Fire Management Funds
($50,000), and San Antonio Coordinated Area Plan Development ($47,000).
• Multi -year Funding Agreements: Projects in this category include approved donations,
grants, loans, and other funding agreements that are anticipated to continue in the
coming year. Examples in this category include: Organized Retail Theft Grant ($4.9
million), Mental Health Services Grant ($0.7 million), Information Technology Fees for
Planning and Development Services Technology Replacement ($0.1 million), and Direct
Cost Recovery Projects in the Planning and Development Services Department ($0.1
million).
• Think Fund Teen Services Programs (formerly Bryant Street Garage Teen Program): In
2001, the City Council voted to lease commercial space at the Bryant Street garage
located at 455 Bryant Street. Since this site was formerly the location of the Bryant Street
Teen Center, a stipulation in the lease required that 75% of the rental revenues would be
used to fund programs specifically for Palo Alto youth and teens. Teen Services programs
include, but are not limited to: Think Fund grants, ClickPA website, Teen Arts Council,
MakeX, Art Center, Think Fund Gala, and the BuoyancyTeen Festival. The unspent balance
of $0.2 million is recommended to be reappropriated to FY 2025 to ensure resources are
available to continue providing quality teen services to the community and develop a
long-term approach to maintain delivery of these services.
• Management Training Program: The Management Training Program provides $1,000 per
eligible employee under the terms outlined in the MGMT and PAPMA labor agreements.
The purpose of this program is to provide employees with resources to improve and
supplement their job and professional skills. In total, $0.3 million in unused funding is
requested to be reappropriated to FY 2025 for various training programs, including:
ethics, civics and citizen engagement, leadership and management, budget, finance,
procurement, interpersonal communication, presentation skills, business writing, time
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management, project management, change management, online -based education, and
safety and security.
Operating Reappropriations Previously Approved
FY 2025 Adopted Operating Budget
As part of the FY 2025 Budget review process, early reappropriation of anticipated savings in the
General Fund in FY 2024 was recommended and approved by the Council to fund actions in FY
2025. The total approved amount of $16.1 million is available to be spent in FY 2025 consisted of
the $9.6 million Uncertainty Reserve, $6.2 million Utility Transfer Litigation Reserve, $0.2 million
for the City Employee Childcare program, and $0.1 million for Overnight Warming Locations
(OWL) and $40,000 for the Human Services Resource Allocation Process (HSRAP) Reserve.
The Uncertainty Reserve was established as part of the FY 2023 Mid -Year Review to proactively
set aside funding for anticipated future deficits. The funding remaining in the Uncertainty
Reserve in FY 2024 ($9.6 million) was reappropriated to FY 2025 as part of the budget process
and $6.1 million was used to balance FY 2025. As part of the FY 2025 Adopted Budget, $2.6 million
was added to the Uncertainty Reserve from the General Fund Budget Stabilization Reserve (BSR)
leaving $6.1 million for future needs.
The Utility Transfer Litigation Reserve was established in FY 2022 to set aside funding for financial
impacts from the lawsuit, Green v. City of Palo Alto (Santa Clara Superior Court, Case No. 1 -16 -
CV -300760). Settlement payments from the City are scheduled from FY 2024 through FY 2026, so
$6.2 million was reappropriated to fund settlement payments of $3.1 million in FY 2025. The
remaining $3.1 million will be reappropriated to FY 2026 as part of the FY 2026 Adopted Budget
to complete settlement payments. Funding reserved for $3.4 million of the total settlement was
estimated to be paid in FY 2024; however, this payment was unable to be made before the end
of the fiscal year. The funding is recommended to be reappropriated from FY 2024 to FY 2025 as
part of this report for a total reappropriation of $9.6 million to complete settlement payments in
FY 2025 and FY 2026, see Attachment A for more information.
The City Employee Childcare Program provides funding for a childcare subsidy program for
qualified City of Palo Alto employees. Services provided in this program include, but are not
limited to childcare or after school care using a Palo Alto childcare provider. This action
reappropriates the remaining balance of $240,000 from the first year of this pilot program to
continue for a second year as a way to increase employee engagement, long-term retention, and
reduce turnover.
The remaining balance of $56,000 was reappropriated to FY 2025 to extend the Overnight
Warming Location (OWL) pilot program from FY 2024. The OWL is activated as a response to life -
threatening weather conditions that functions as an overnight shelter for unhoused individuals
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when the County declares an Inclement Weather Alert based on predefined thresholds of cold or
rain.
As part of the FY 2015 Adopted Budget, the City Council established a one-time reserve of
$50,000 for HSRAP funding requests. In FY 2019, $10,000 was allocated to Heart and Home
Collaborative, a non-profit organization that provides shelter and services to unhoused women
in Palo Alto. No additional funds were allocated from this reserve in FY 2024, so the remaining
balance of $40,000 was reappropriated to FY 2025.
Capital Budget Reappropriations
As discussed in the Background section of this report, starting with the Fiscal Year 2016 capital
budget, all capital project reappropriations require City Council approval. The FY 2025 Adopted
Budget included $228.7 million in reappropriated expenditure funds, partially offset by $89.5
million in reappropriated revenue, across all City funds based on estimates of anticipated
spending and revenue collections in FY 2024. Since the adoption of the capital budget, some
adjustments and refinements to project reappropriations are required since FY 2024 year-end
actuals and projects costs have been updated to reflect actual experience. These primarily reflect
either increases or decreases to assumed reappropriations in the FY 2025 Adopted Budget:
• Additional reappropriations are recommended when project expenditures originally
anticipated to occur before the end of FY 2024 will now instead occur in FY 2025. Similarly,
revenue anticipated to be collected in FY 2024 will be reappropriated to FY 2025 to align
with actual collections.
• Downward adjustments to reappropriations are recommended when expenses are no
longer anticipated to occur in FY 2025 and funding was previously reappropriated in the
budget document to FY 2025. If expenses were realized in FY 2024, an adjustment to
reduce the budgeted reappropriation is needed as the activity no longer needs funding in
FY 2025. The downward reappropriation of revenue is treated similarly; an adjustment to
reduce the reappropriated revenue is needed to align collections in the appropriate fiscal
year.
Table 1 summarizes the recommended capital project adjustments by fund as detailed in
Attachment B. These Fiscal Year 2025 adjustment amounts represent the final step in the City
Council -approved change to the reappropriation process. There are sufficient expenditure
savings in Fiscal Year 2024 to support all recommended adjustments.
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Fund
Number
of
Projects
Recommended
Expense
Reappropriation
Adjustment
Recommended
Revenue
Reappropriation
Adjustment
Capital Improvement Fund
58
$17,447,326
$16,593,122
Cubberley Infrastructure Fund
3
$19,280
$1,552,600
Airport Fund
4
($358,800)
$104,726
Electric Fund
12
$12,049,303
$10,000,000
Fiber Optics Fund
2
$2,753,787
-
Gas Fund
4
($53,970)
-
Stormwater Management Fund
6
$310,273
$1,377,399
Wastewater Collection Fund
1
$9,241
-
Wastewater Treatment Fund
8
($41,732,774)
$126,323,353
Water Fund
6
($1,715,167)
-
Vehicle Replacement and
Maintenance Fund
3
($522,989)
Total All Funds
107
($11,794,489)
$155,951,200
The active review of all project reappropriations results in a reduced level of reappropriated
funding from one year to the next, compared to the process of automatically reappropriating
unspent capital funding, and better reflects the needs of the various capital projects and of the
overall program. In total, $216.9 million will be reappropriated for capital projects, offset by
$245.5 million in revenue for the projects. It should be noted 81% of the total recommended
revenue reappropriation adjustment amount of $156.0 million comes from the Wastewater
Treatment Fund because there is substantial lag time in reimbursement of funds from the State
Revolving Fund (SRF) loans that support Wastewater Treatment projects.
Technical Clean-uo Actions
As detailed in Attachment C, due to higher -than -budgeted salaries and benefits costs in prior
years, the remaining funds in the New Public Safety Building capital project (PE -15001) are
insufficient to cover the awarded design and construction contract cost of $115.6 million (Report
#11752).1 This action will increase the project's appropriation by $0.9 million in FY 2025 for a
total project budget of $119.5 million to fund the design and construction costs through
certification of occupation.
'City Council, February 21, 2021, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81421
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Staff is also recommending reducing the Electric Customer Connections capital project (EL -89028)
from $5.8 million to $3.4 million. In May 2024, City Council approved increasing the City
Manager's authority to purchase electric transformers from $2 million up to $4 million annually
from prequalified vendors.2 The latest round of transformer purchases in FY 2024 were
incorrectly allocated to EL -89028 and carried forward into FY 2025. This corrective action will
reassign the transformers to the Grid Modernization for Electrification project (EL -24000) to
better align funding with planned work in FY 2025.
Finally, staff recommends revising the New Downtown Parking Garage project (PE -15007)
funding sources schedule and expenditure schedule to reflect additional transfers of $10.1
million from the University Avenue Parking In Lieu Fund in FY 2025. This revision reflects the City
Council direction from December 2023 to resume work on the project and trues -up the
allocation of Parking In -Lieu funding with the fund balance at FY 2024 year end increasing the
total project budget to $17.3 million.
FISCAL/RESOURCE IMPACT
All projects, programs, and corresponding funding contained within this report were previously
approved by the City Council for FY 2024. This report simply realigns funding between fiscal years
to align with the status of projects and programs. The ASD Director/CFO certified that sufficient
funds exist in FY 2024 for the recommended Fiscal Year 2025 Operating Budget adjustments
(Attachment A), and Capital Budget adjustments (Attachment B). For Operating reappropriations,
staff recommends expense reappropriations of $6.0 million in the General Fund, $4.9 million in
Special Revenue Funds, $0.6 million in Enterprise Funds, and $1.1 million in Internal Service
Funds. Staff also recommends revenue reappropriations of $1.1 million in the General Fund and
$5.0 million in Special Revenue Funds.
For capital projects, in addition to the amounts reappropriated as part of the FY 2025 Adopted
Capital Budget, staff recommends $17.5 million in expenses be reappropriated to FY 2025 in the
Capital Improvement Funds, offset by $18.1 million in revenue reappropriations. Also
recommended is reduction of $28.7 million in expenses reappropriated in various Enterprise
Funds with an increase of $137.8 million in revenue mostly due to projects in the Wastewater
Treatment Fund awaiting reimbursement for State Revolving Fund loans. Lastly, a reduction of
$0.5 million in expenditures is recommended in the Internal Service Funds. The cumulative
reappropriation, including amounts approved in the FY 2025 Adopted Capital Budget, will be
$82.1 million in expenses, partially offset by $35.0 million in revenue in the Capital Improvement
2 City Council, May 6, 2024, Staff Report #2403-2755,
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82816
3 City Council December 11, 2023, Staff Report #2309-2043,
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82569
Item 4: Staff Report Pg. 7 Packet Pg. 48 of 377
Item 4
Item 4 Staff Report
Fund projects; $126.5 million in expenses offset by $210.4 million in revenue in the Enterprise
Fund projects; and $8.3 million in expenses in the Internal Service Fund projects. The results of
the reappropriations will have a net zero impact to the total projects' budgets over the life of the
projects.
Three technical clean-up actions are recommended to adjust the funding appropriation for two
capital projects. The New Public Safety Building capital project (PE -15001) will be increased by
$0.9 million to fund construction costs through certificate of occupancy and address higher -than -
budgeted salaries and benefits costs in prior years. The Electric Customer Connections (EL -89028)
funding will be reduced by $2.4 million to reallocate the latest round of electrical transformers
incorrectly encumbered onto this project but intended for the Grid Modernization for
Electrification project (EL -24000) in FY 2025. The New Downtown Parking Garage capital project
(PE -15007) funding sources schedule and expenditure schedule is being revised to reflect
additional transfers from the University Avenue Parking In Lieu Fund of $10.1 million, to true -up
the allocation of Parking In -Lieu funding with the fund balance at FY 2024 year end, for design
and construction work expected during the five-year CIP period.
STAKEHOLDER ENGAGEMENT
Review and reconciliation of the funding available for both the Operating reappropriations and
the reappropriations for individual Capital projects was coordinated between ASD divisions of
the Office of Management and Budget and Accounting, as well as with the departments
requesting the reappropriated funds.
ENVIRONMENTAL REVIEW
The action recommended is not a project for the purposes of the California Environmental
Quality Act.
ATTACHMENTS
Attachment A: FY 2024 to FY 2025 Operating Reappropriation Requests
Attachment B: FY 2024 to FY 2025 Capital Reappropriation Requests
Attachment C: Capital Improvement Plan FY 2025 Technical Clean-up Actions
APPROVED BY:
Lauren Lai, Administrative Services Director
Item 4: Staff Report Pg. 8 Packet Pg. 49 of 377
FY 2024 TO FY 2025 OPERATING BUDGET REAPPROPRIATIONS
Item 4
ATTACHMENT A
Attachment A - FY 2024 to FY 2025
Operating Reappropriation Requests
Fund
Recommended
Recommended
Number
Fund Name
Department
Description
Revenue
Expense
Appropriation
Appropriation
102
General Fund
Community Services
Bryant St. Revenue - Teen Services
This action reappropriates funds for teen services from revenue generated
$ -
$ 216,000
by the rental of the Bryant Street Garage. In 2001, the City Council voted
to lease out a garage property located at 455 Bryant Street. Since this site
was formerly the location of the Bryant Street Teen Center, a stipulation in
the lease required that 75 percent of the rental revenues would be used to
fund programs specifically for Palo Alto youth and teens. In prior years,
Staff has returned to the Policy and Services Committee and City Council
for guidance on community engagement and potential uses of this funding
(CMR 4776, CMR 8887). Teen services programs include, but are not
limited to: Think Fund grants, ClickPA website, Teen Arts Council, MakeX,
Art Center, Think Fund Gala and the Buoyancy Teen Festival. This action
will reappropriate $216,000, the remaining value, to ensure resources are
available to continue providing quality teen services to the community and
develop a long-term approach to maintain delivery of these services.
102
General Fund
Human Resources
Labor Negotiations
This action reappropriates funding necessary for labor negotiations. The
$ -
$ 292,000
City's Labor Negotiations team will be in active negotiations for all labor
units in FY 2025. SEIU's contract is set to expire December 31, 2024 and
the contracts all four safety units, UMPAPA, and SEIU-Hourly are set to
expire June 30, 2025. The Human Resources Department will utilize
contracts with outside legal counsel for labor relation, employment
matters, and strategic negotiations. This proactive financial adjustment
will ensure the availability of resources to cover anticipated legal expenses
associated with the continuing counsel required for negotiating and
enforcing of the labor contracts.
102
General Fund
Non -Departmental
Advancing Racial Equity
This action reappropriates the remaining funds of the original $0.5 million
$ -
$ 241,000
appropriated for the advancement of racial equity and the associated
workplan. The City is continuing efforts to educate and train staff, Council,
and Boards and Commission members on Diversity, Equity, and Inclusion
(DEI) topics.
102
General Fund
Non -Departmental
Mental Health Services Grant
On April 3, 2023 (Staff Report 2303-1179) the City accepted a $2.0 million
$ 997,000
$ 679,000
grant awarded by the Department of Health and Human Services
Substance Abuse and Mental Health Services Administration (SAMHSA) for
assistance related to North County TRUST (Trusted Response Urgent
Support Team). TRUST is focused on responding to individuals in crisis,
providing follow-up and referrals, as needed, and de-escalating high stress
situations. This program is in addition to the City's Psychiatric Emergency
Response Team (PERT) and the County's Mobile Crisis Response Teams
(MCRT) programs. This action reappropriates the remaining funds as well
as the revenue reimbursement to FY 2025.
Item 4: Staff Report Pg. 9 1 Packet Pg. 50 of 377
FY 2024 TO FY 2025 OPERATING BUDGET REAPPROPRIATIONS
Item 4
ATTACHMENT A
Attachment A - FY 2024 to FY 2025
,Operating Reappropriation Requests
Fund
Recommended
Recommended
Number
Fund Name
Department
Title
Description
Revenue
Expense
Appropriation
Appropriation
102
General Fund
Non -Departmental
Utility Transfer Litigation Reserve
This action reappropriates $3.4 million for the financial impacts of a
$ -
$ 3,400,000
lawsuit, Green v. City of Palo Alto (Santa Clara Superior Court, Case No.
1 -16 -CV -300760). This is in addition to the $6.2 million already
reappropriated for this reserve as part of the FY 2025 Adopted Budget.
This case was a class action lawsuit filed on October 6, 2016, that claimed
the City's gas rates were taxes that exceeded the cost of providing service,
absent voter approval, because the rates funded annual transfers from the
utilities to the City's general fund. The lawsuit sought a refund of three
years of alleged overpayments by gas ratepayers. The financial settlement
payment is planned over three fiscal years, FY 2024 through FY 2026, so
the funding remaining in the reserve is recommended to be
reappropriated to FY 2025 to complete the settlement payments.
102
General Fund
Non -Departmental
Management Development Funds
This action reappropriates funding for management training and
$ -
$ 250,000
professional development. The Management Training Program provides
$1,000 per eligible employee under the terms outlined in the labor
agreements and compensation plans with the Management and
Professional group and the Palo Alto Police Management Association. In
alignment with the City's Positive Workplace initiative and to address the
City's overall need for training and development the Human Resources'
Workforce Development/Training Division has recently completed a
Request for Proposal procurement process from which three vendors have
been identified and selected. These vendors have been chosen to deliver
Organizational Development, Leadership Training, and Coaching services
across all city departments. This strategic partnership with the selected
vendors will entail close collaboration with City leadership and the various
department. The reallocated funds will be used to fund the contracts in
the upcoming three years.
102
General Fund
Planning and Development
Direct Cost Recovery Project
This is a cost neutral action to reappropriate remaining revenue and
$ 29,000
$ 29,000
Services
Budget
expense funding related to deposit -based cost recovery projects at
multiple sites. These are fully cost recoverable projects that are tracked
separately using deposit accounts. The funds do not comingle with other
contract service budgets and funds are only accessible for this purpose. All
costs will be reimbursed by the applicant.
Item 4: Staff Report Pg. 10 1 Packet Pg. 51 of 377
FY 2024 TO FY 2025 OPERATING BUDGET REAPPROPRIATIONS
Item 4
ATTACHMENT A
Attachment A - FY 2024 to FY 2025
,Operating Reappropriation Requests
Fund
Recommended
Recommended
Number
Fund Name
Department
Description
Revenue
Expense
Appropriation
Appropriation
102
General Fund
Planning and Development
Direct Cost Recovery Project
This is a cost neutral action to reappropriate the remaining revenue and
$ 35,000
$ 35,000
Services
Budget - 3225 El Camino Real
expense funding related to the deposit -based cost recovery project at
3225 El Camino Real. This is a fully cost recoverable project that is tracked
separately using deposit accounts. The funds do not comingle with other
contract service budgets and funds are only accessible for this purpose. All
costs will be reimbursed by the applicant.
102
General Fund
Planning and Development
San Antonio Coordinated Area Plan
As part of the FY 2024 Adopted Budget, $50,000 was appropriated to
$ -
$ 47,000
Services
(CAP)
explore a collaboration opportunity with California Polytechnic State
University students to draft a working concept of a San Antonio CAP. This
initial funding supported related travel, research, consultant and/or part-
time staff for these efforts. The working concept is a starting point for the
larger CAP process, which is still estimated at $0.7 milllion over three to
four years, although the ultimate cost of each plan will depend on size and
complexity. This action will continue funding into FY 2025 to support the
CAP project.
102
General Fund
Planning and Development
Seismic Ordinance Update
As part of the FY 2024 Adopted Budget, $225,000 was appropriated for a
$ -
$ 216,000
Services
seismic and resiliency study and ordinance update. This action
reappropriates the remaining $216,000 to complete the RFP process for a
consultant that began in FY 2024 and continue the work of updating the
City's siesmic ordinance in FY 2025.
102
General Fund
Public Works
Foothill Fire Management
This action reappropriates $50,000 that had been allocated in the FY 2024
$ -
$ 50,000
Adopted Budget for the Foothills Fire Management Plan which includes
roadside vegetation management and clearing, fuels and fire danger
assessment, and fire prevention and preparedness. The funds were
unused due to an unsuccessful RFP for those services. With the new fire
season in progress, the reappropriated funds will support assistance from
the Santa Clara County Fire Safe Council (SCCFSC) while a new RFP is
prepared.
102
General Fund
Public Works
SFO GBAS & Airplane Noise
This action reappropriates $75,000 that had been allocated in the FY 2024
$ -
$ 75,000
Adopted Budget for an on -call professional services contract that will
support work tasks resulting from engagement initiated but not completed
in FY 2024 with San Francisco International Airport (SFO) on the Ground
Based Augmentation System (GBAS) project and other potential actions to
decrease airplane noise.
Item 4: Staff Report Pg. 11 1 Packet Pg. 52 of 377
FY 2024 TO FY 2025 OPERATING BUDGET REAPPROPRIATIONS
Item 4
ATTACHMENT A
Attachment A - FY 2024 to FY 2025
,Operating Reappropriation Requests
Fund
Recommended
Recommended
Number
Fund Name
Department
Description
Revenue
Expense
Appropriation
Appropriation
102
General Fund
Public Works
Sustainabilty S/CAP Studies
This action reappropriates $122,000 remaining from the $600,000
$ -
$ 122,000
allocated in the FY 2024 Adopted Budget to perform S/CAP studies. The
reappropriated funds will allow Energy and Environmental Economics (E3)
to complete four studies critical to the implementation of S/CAP that were
started but not completed in FY 2024: 1) the S/CAP Funding Source Survey,
2) the Building Sector Study, 3) the EV Charger Strategic Plan, and 4) the
S/CAP Funding Study.
102
General Fund
Public Works
Tree Trimming
This action reappropriates $368,000 to complete the final three months of
$ -
$ 368,000
the third year of a not -to -exceed $3.8 million contract (C21181420) with
West Coast Arborists (WCA) for tree care including, but not limited to, tree
trimming, stump removal, stump grinding, and emergency callouts. Staff
will return to Council in Fall 2024 to extend this contract beyond FY 2025.
Total General Fund Reappropriation
$ 1,061,000
$ 6,020,000
Item 4: Staff Report Pg. 12 1 Packet Pg. 53 of 377
FY 2024 TO FY 2025 OPERATING BUDGET REAPPROPRIATIONS
Item 4
ATTACHMENT A
Attachment A - FY 2024 to FY 2025
,Operating Reappropriation Requests
Fund
Number
Fund Name
Department
Title
Description
Recommended
Revenue
Appropriation
Recommended
Expense
Appropriation
513
Electric Fund
Utilities
Reliability & Resiliency Strategic
This action reappropriates $640,000 to FY 2025 to continue the REP for the
$ -
$ 640,000
Plan
Reliability and Resiliency Strategic Plan (RRSP) that is part of the City's
Sustainability and Climate Action Plan (S/CAP) and relates to the City's Grid
Modernization project. This is in relation to staff report #2401-2496 that
was approved by the Council in April 2024. Due to the timing of contract
award and additional legal review, the contracts with to contract with a
consultant and a partnership with Stanford Linear Accelerator (SLAC) were
not approved before year-end.
Total Enterprise Fund Reappropriation
-
640,000
Item 4: Staff Report Pg. 13 Packet Pg. 54 of 377
FY 2024 TO FY 2025 OPERATING BUDGET REAPPROPRIATIONS
Item 4
ATTACHMENT A
Attachment A - FY 2024 to FY 2025
,Operating Reappropriation Requests
Fund
Recommended
Recommended
Number
Fund Name
Department
Title
Description
Revenue
Expense
Appropriation
Appropriation
248
SLES Fund
Police
Organized Retail Theft Grant
On December 4, 2023 (Staff Report 2309-2066) the City accepted a $5.2
$ 4,962,700
$ 4,866,400
million Organized Retail Theft (ORT) grant awarded by the State of
California Board of State and Community Corrections (BSCC) for a three-
year program to combat ORT and to increase the recovery of stolen
vehicles. The Palo Alto Police Department's ORT grant program utilizes
overtime to patrol and investigate ORT crimes at shopping districts. As part
of the program, the Department will also equip patrol vehicles with
technology to aid in the apprehension of stolen vehicles. This action
reappropriates the remaining funds as well as the revenue reimbursement
to FY 2025.
248
SLES Fund
Police
Wellness Grant
In March 2023 the City received $47,742 from the State of California Board
$ 46,500
$ 46,500
of State and Community Corrections (BSCC) for the Officer Wellness and
Mental Health Grant Program. This wellness grant provides funding for law
enforcement agencies to improve officer wellness and expand mental
health resources. The funds were not yet spent because the Department
was researching best practices for mental health programs. This action
reappropriates the remaining funds along with the associated revenue to
FY 2025 for department -wide comprehensive body scans used for early
detection of illness and disease.
Total Special Revenue Fund Reappropriation
5,009,200
4,912,900
Item 4: Staff Report Pg. 14 1 Packet Pg. 55 of 377
FY 2024 TO FY 2025 OPERATING BUDGET REAPPROPRIATIONS
Item 4
ATTACHMENT A
Attachment A - FY 2024 to FY 2025
,Operating Reappropriation Requests
Fund
Recommended
Recommended
Number
Fund Name
Department
Description
Revenue
Expense
Appropriation
Appropriation
682
Tech Fund
Information Technology
Isoftware Application Maintenance
This action reappropriates $900,000 for enhancements to the ERP and GIS
$ -
$ 900,000
systems, as well as specialized consultant work for ERP and GIS projects,
and maintenance of infrastructure. These funds will ensure the continued
improvement and functionality of the City's software applications,
supporting the its operational needs for FY 2025.
682
Tech Fund
Information Technology
Contract Services
This action reappropriates $100,000 for the city's IT on -call professional
$ -
$ 100,000
services vendors to support various ongoing and new IT projects requiring
specialist consultants, such as the Citywide SharePoint new site
development and BI development. Given the expertise and specialized
knowedge these consultants bring, the reappropriation of unused funds is
essential completion of these important initiatives.
682
Tech Fund
Information Technology
Planning and Development
This action reappropriates $101,000 in Planning and Development Services
$ -
$ 101,000
Services Technology Fee
Tech Fee budget. As part of the Adopted Municipal Fee Schedule, some
PDS fees include a surcharge of up to support technology projects. These
projects include ongoing technical support of the City's Geographic
Information System (GIS) and the new [SRI platform, implementing an
online permitting system, expanding Accela capabilities, and digitizing and
storing plans and records.
Total Internal Service Fund Reappropriation
$ -
$ 1,101,000
Total All Funds Reappropriation
$ 6,070,200
$ 12,673,900
Item 4: Staff Report Pg. 15 1 Packet Pg. 56 of 377
FY 2024 TO FY 2025 CAPITAL BUDGET REAPPROPRIATIONS Item 4 ATTACHMENT B
Attachment B - FY 2024 to FY 2025
Capital Reappropriation Requests
Expenses
Revenues
Fund Number and Name
Project Title
Proj. No.
Adopted Reapp
Final Reapp
Total Reapp
Adopted Reapp
Final Reapp
Total Reapp
471 -Capital Improvement Fund
Americans With Disabilities Act Compliance
PF-93009
800,000
800,000
-
-
-
Animal Shelter Renovation
PE -19002
2,712,807
7,432
2,720,239
-
-
-
Art In Public Spaces
AC -86017
1,637,708
(15,686)
1,622,022
-
-
-
Athletic Courts Resurfacing
PG -06001
174,027
240,000
414,027
-
-
-
Baylands Comprehensive Conservation Plan
PG -17000
43,100
43,100
-
-
-
Baylands Interpretive Signage Program
OS -24001
162,000
162,000
162,000
-
162,000
Baylands Nature Preserve Entrance Gate
OS -24000
97,462
(0)
97,462
-
-
-
Benches, Signage, Walkways, Perimeter Landscaping, and Site Amenities
PG -06003
128,021
(8,557)
119,464
-
-
-
Bicycle and Pedestrian Transportation Plan Implementation
PL -04010
2,900,000
216,205
3,116,205
-
250,720
250,720
Boulware Park Improvements
PE -17005
135,764
103,544
239,308
-
188,979
188,979
Building Systems Improvements
PF-01003
100.000
1,454
101,454
-
-
-
California Avenue District Gateway Signs
PE -17004
123,382
123,382
-
-
-
California Avenue Streetscape Update
PL -23000
15,945
15,945
-
-
-
Capital Improvement Fund Administration
AS -10000
-
120,300
120,300
-
-
-
Charleston/Arastradero Corridor Project
PE -13011
-
-
-
-
4,834
4,834
Churchill Avenue Enhanced Bikeway
PL -14000
2,000,000
776,100
2,776,100
-
-
-
Churchill Avenue Rail Grade Separation and Safety Improvements
PL -24001
-
3,644,982
3,644,982
-
3,080,625
3,080,625
Churchill Avenue/Alma Street Railroad Crossing Safety Improvements
PL -20000
-
2,054,106
2,054,106
-
4,187,637
4,187,637
City Bridge Improvements
PE -20001
1,220,088
14,218
1,234,306
-
-
-
City Facilities Assessment
PE -20002
30,000
30,000
-
-
-
City Facility Parking Lot Maintenance
PE -09003
240,487
240,487
-
-
-
City Hall Space Planning
PE -19000
571,373
571,373
-
-
-
Civic Center Electrical Upgrade & EV Charger Installation
PE -17010
1,035,399
1,035,399
-
174,000
174,000
Civic Center Fire Life Safety Upgrades
PE -18016
140,929
9,071
150,000
-
-
-
Civic Center Waterproofing Study and Repairs
PE -15020
426,969
568
427,537
-
-
-
Curb and Gutter Repairs
PO -12001
-
17,606
17,606
-
-
-
Downtown Automated Parking Guidance Systems
PL -15002
57,398
54,782
112,180
-
-
-
El Camino Park Turf Replacement
PG -24000
-
792,000
792,000
-
-
-
Electric Charger Infrastructure Installation
PF-23000
98,026
81,113
179,139
-
-
-
Electrification of City Facilities
PE -24001
491,474
8,526
500,000
-
-
-
Facility Interior Finishes Replacement
PF-02022
20,000
106,757
126,757
-
-
-
Fire Station 3 Replacement
PE -15003
-
1,000
1,000
-
-
-
Fire Station 4 Replacement
PE -18004
8,059,655
(1,306)
8,058,349
-
-
-
Fire Training Facility Replacement
FD -24000
-
50,000
50,000
-
-
-
Foothills Nature Preserve Boronda Lake Dock Replacement
OS -18000
210,000
210,000
-
-
-
Foothills Nature Preserve Dam Seepage Investigation and Repairs
PE -20000
75,066
0
75,066
-
-
-
Foothills Nature Preserve Improvements
PE -21000
692,744
2,074
694,818
-
-
-
Golf Course Net and Artificial Turf Replacement
PG -18000
770,000
770,000
-
-
-
Golf Reconfiguration & Baylands Athletic Center Improvements
PG -13003
87,150
3,373
90,523
-
-
-
Homekey Facilities
PE -24005
4,401,987
(2,059,166)
2,342,821
-
-
-
JMZ Renovation
AC -18001
576,515
576,515
-
36,196
36,196
Library Automated Material Handling
LB -21000
383,002
380,000
763,002
382,983
-
382,983
Lucie Stern Community Theater Mechanical Equipment Replacement
PE -24002
199,834
(121)
199,713
-
-
-
Lucie Stern Community Theatre Fire Curtain
AC -24001
200,000
200,000
-
-
-
Lucie Stern Community Theatre Theatrical and House Lighting System Replacement
PE -24003
26,350
26,350
-
-
-
Meadow Drive and Charleston Road Rail Grade Separation and Safety Improvements
PL -24000
-
5,294,738
5,294,738
-
4,419,375
4,419,375
Mitchell Park Library Repair
PE -24006
162,076
81,124
243,200
-
-
-
Municipal Service Center Lighting, Mechanical, and Electrical Improvements
PF-16006
6,365,504
6,365,504
500,000
-
500,000
New California Avenue Area Parking Garage
PE -18000
732,260
12,500
744,760
-
-
-
New Downtown Parking Garage
PE -15007
5,101,358
309,242
5,410,600
5,398,600
-
5,398,600
Item 4: Staff Report Pg. 16 1 Packet Pg. 57 of 377
FY 2024 TO FY 2025 CAPITAL BUDGET REAPPROPRIATIONS Item 4 ATTACHMENT B
Attachment B - FY 2024 to FY 2025
Capital Reappropriation Requests
Expenses
Revenues
Fund Number and Name
Project Title
Proj. No.
Adopted Reapp
Final Reapp
Total Reapp
Adopted Reapp
Final Reapp
Total Reapp
New Public Safety Building
PE -15001
1,454,374
-
1,454,374
-
-
-
Newell Road/San Francisquito Creek Bridge Replacement
PE -12011
13,656,435
1,270,347
14,926,782
9,800,000
113,729
9,913,729
Off -Road Pathway Resurfacing And Repair
OS -09001
244,733
244,733
-
-
-
Open Space Lakes And Pond Maintenance
OS -00002
27,169
29,999
57,168
-
-
-
Open Space Trails and Amenities
OS -00001
71,651
41,004
112,655
-
-
-
Park and Open Space Emergency Repairs
PG -09002
53,687
186,458
240,145
-
-
-
Park Restroom Installation
PG -19000
629,570
0
629,570
629,570
-
629,570
Parking District Implementation
PL -15003
163,900
163,900
-
-
-
Performing Arts Venues Seat Replacement
AC -18000
172,986
(12,636)
160,350
-
-
-
Railroad Grade Separation and Safety Improvements
PL -17001
-
297,830
297,830
-
567,246
567,246
Ramos Park Improvements
PG -14000
-
349,898
349,898
-
-
-
Rinconada Park Improvements
PE -08001
-
1,417
1,417
-
-
-
Rinconada Pool Family Changing Room
PE -24004
200,070
49,930
250,000
-
-
-
Robles Park Improvements
PE -18015
638,556
3,613
642,169
-
-
-
Roth Building Rehabilitation Phase 1
PF-23001
238,046
-
238,046
-
940,598
940,598
Safe Routes To School
PL -00026
500,000
459,994
959,994
-
-
-
Sidewalk Repairs
PO -89003
-
438,850
438,850
-
511,673
511,673
Sign Reflectivity Upgrade
PO -11000
-
13,308
13,308
-
-
-
Street Lights Condition Assessment
PE -13014
220,000
220,000
-
-
-
Street Lights Improvements
PO -05054
362,409
(19,038)
343,371
-
-
-
Street Maintenance
PE -86070
89,688
151,363
241,051
-
-
-
Traffic Signal and Intelligent Transportation Systems
PL -05030
-
1,248,434
1,248,434
-
1,298,721
1,298,721
Transportation and Parking Improvements
PL -12000
-
597,735
597,735
-
818,789
818,789
University Avenue Parking Improvements
PF-14003
155,416
155,416
-
-
-
Water, Gas, Wastewater Office Remodel
PE -19001
-
24,893
24,893
-
-
-
471 -Capital Improvement Fund TOTAL
62,268,605
17,447,326
79,715,930
16,873,153
16,593,122
33,466,275
472-Cubberley Fund
Cubberley Field Restroom
CB-17OO2
648,676
(50,759)
597,917
-
-
-
Cubberley Gym HVAC Replacement
CB -24000
800,000
800,000
-
-
-
Cubberley Repairs
CB -17001
491,096
(2,952)
488,144
-
-
-
Cubberley Roof Replacements
CB -16002
400,000
72,991
472,991
-
1,552,600
1,552,600
472-Cubberley Fund TOTAL
2,339,772
19,280
2,359,052
-
1,552,600
1,552,600
530 -Airport Fund
Airport Access Road Reconstruction
AP -24000
300,000
300,000
270,000
-
270,000
Airport Layout Plan
AP -21000
-
-
-
87,303
87,303
Airport Parking Lot EV Charger Installation
AP -24001
25,000
25,000
22,500
-
22,500
Airport Temporary Office Buildings
AP -22001
358,800
(358,800)
-
-
-
-
Airport Zero Emission Vehicle Fleet Replacement
AP -23000
156,647
156,647
156,647
(31,788)
124,859
Automated Weather Observation System
AP -19000
341,839
341,839
341,839
49,211
391,050
530 -Airport Fund TOTAL
1,182,286
(358,800)
823,486
790,986
104,726
895,712
523 -Electric Fund
Colorado Distribution Feeder Outlet Replacement
EL -22002
379,109
379,109
-
-
-
Colorado Power Station Equipment Upgrades
EL -19001
1,733,011
(7,672)
1,725,339
-
-
-
Colorado Substation Site Improvements
EL -19002
1,138,294
(40,385)
1,097,909
-
-
-
Electric Utility Geographic Information System
EL -02011
85,000
85,000
-
-
-
Foothills Rebuild (Fire Mitigation)
EL -21001
2,203,852
2 203 852
-
-
-
-
Grid Modernization for Electrification
EL -24000
18.182.640
(294,2011
17,888,439
15,000,000
10,000,000
25,000,000
Hanover Substation Upgrade Project
EL -24001
14,779,014
14,779,014
-
-
-
Inter -substation Line Protection Relay
EL -17005
462,505
462,505
-
-
-
Rebuild Underground District 24
EL -10006
139,066
(139,066)
-
-
-
-
Smart Grid Technology Installation
EL -11014
1,007,749
225,516
1,233,265
-
-
-
Substation Breaker Replacement
EL -17002
2,347,334
(720,357)
1,626,977
-
-
-
Substation Facility Improvements
EL -89044
-
300,000
300,000
-
-
-
Item 4: Staff Report Pg. 17 1 Packet Pg. 58 of 377
FY 2024 TO FY 2025 CAPITAL BUDGET REAPPROPRIATIONS Item 4 ATTACHMENT B
Attachment B - FY 2024 to FY 2025
Capital Reappropriation Requests
Expenses
Revenues
Fund Number and Name
Project Title
Proj. No.
Adopted Reapp
Final Reapp
Total Reapp
Adopted Reapp
Final Reapp
Total Reapp
Substation Physical Security
EL -16003
2,916,589
(313,802)
2,602,787
-
-
-
523 -Electric Fund TOTAL
30,131,040
12,049,303
42,180,343
15,000,000
10,000,000
25,000,000
533 -Fiber Optics Fund
Fiber Optics Network - System Improvements
FO -10001
400,000
400,000
-
-
-
Fiber Optics Network - System Rebuild
FO -16000
12,344,530
(933,997)
11,410,533
-
-
-
Fiber -to -the -Premises (FTTP)
FO -24000
5,925,164
3,687,784
9,612,948
-
-
-
533 -Fiber Optics Fund TOTAL
18.669.694
2,753,787
21423 481
-
-
-
524 -Gas Fund
Gas Distribution System Improvements
GS -11002
666.723
41,551
708,274
-
-
-
Gas Main Replacement - Project 24
GS -14003
698.800
(58,2711
640.529
-
-
-
Gas Main Replacement - Project 25
GS -15000
3.703849
(15,5251
3,688.324
-
-
-
Gas Meters and Regulators
GS -80019
188.545
(21,7251
166.820
-
-
-
524 -Gas Fund TOTAL
5.257.917
(53,970
5.203.947
-
-
-
528-Stormwater Fund
Corporation Way System Upgrades
SD -21000
E Bayshore Rd & E Mead Dr Storm Drain System Upgrade
SD -22000
66.231
(10,232)
779gg
-
-
-
E Meadow Cir Connection to Adobe Crk Pump Station
SD -26000
i 2,4 57
(3,436)
131 051
-
-
-
Green Stormwater Infrastructure
SD -22001
1 613 4
274,129
1 7 5q7
-
1,215,562
1,215,562
Storm Drain Pump Station to Adobe Creek
SD -20000
1 flR0
31,661
-
-
-
Storm Drain System Repl & Rehab
SD -06101
18,152
gp,
-
-
-
Trash Capture Device Installation
SD -22002
-
_
-
161,837
161,837
W Bayshore Rd Trunk Line Improvements
SD -23000
-
-
528-Stormwater Fund TOTAL
310,273
1,377,399
1,377,399
527 -Wastewater Collection Fund
Wastewater Collection System Rehabilitation/Augmentation Project 31
WC -19001
-
9,241
a
-
-
-
Wastewater General Equipment and Tools
WC -13002
40,000
40,000
-
-
-
527 -Wastewater Collection Fund TOTAL
40,000
9,241
49,241
-
-
-
526 -Wastewater Treatment Fund
Advanced Water Purification Facility
WQ-19003
17,126,395
(47,192)
17,079,203
17,126,395
722,761
17,849,156
Headworks Facility Replacement
WQ-16002
3,011,889
127,085
3,138,974
-
4,757,000
4,757,000
Horizontal Levee Pilot
WQ-22001
76,235
(74,157
2,078
-
-
-
Joint Intercepting Sewer Rehabilitation
WQ-24000
3,593,920
3,593,920
3,593,920
8,906,080
12,500,000
Outfall Line Construction
WQ-19000
10,605,800
-
10,605,800
-
10,582,800
10,582,800
Plant Repair, Retrofit & Eqpt Replacement
WQ-19002
9,873,923
(6,000,630)
3,873,293
-
-
-
Primary Sedimentation Tank Rehabilitation
WQ-14003
2,989,461
(745,430)
2,244,031
-
4,837,272
4,837,272
Secondary Treatment Upgrades
WQ-19001
36,128,770
(34,992,450)
1,136,320
36,128,770
96,517,440
132,646,210
526 -Wastewater Treatment Fund TOTAL
83406 393
(41,732,7741
41673 619
56,849,085
126,323,353
183,172,438
522 -Water Fund
Water Distribution System Improvements
WS -11003
670.388
(85,175)
585214
-
-
-
Water General Equipment/Tools
WS -13002
50.000
-
50.000
-
-
-
Water Main Replacement - Project 29
WS -15002
3.089.102
(2,107,681)
981421
-
-
-
Water Main Replacement - Project 30
WS -16001
415 000
4,629
419.629
-
-
-
Water Regulation Station Improvements
WS -07000
18.519
48,318
66.837
-
-
-
Water System Supply Improvements
WS -11004
3.416.706
(84,161)
-
-
-
Water Tank Seismic Upgrade and Rehabilitation
WS -09000
737 637
508,903
1 746 735
-
-
-
Water, Gas, Wastewater Utility GIS Data
WS -02014
s0000
-50000
-
-
-
522 -Water Fund TOTAL
(1,715,167)
674 3g1
-
-
-
682 -Technology Fund
City Council Chamber
TE-19001
-
-
-
Computer Aided Dispatch
TE-23000
-
-
-
Enterprise Resource
TE-19000
-
-
-
Infrastructure Management
TE-13004
-
-
-
Radio Infrastructure
TE-05000
-
-
-
Utilities Customer Billing
TE-10001
-
-
-
682 -Technology Fund TOTAL
681 -Vehicle Fund
Emergency Repair and Replacement
VR-15001
- 66
-
-
-
Vehicle/Equipment Replacement - FY 2020
VR-20000
30,000
30,000
-
-
-
Item 4: Staff Report Pg. 18 1 Packet Pg. 59 of 377
FY 2024 TO FY 2025 CAPITAL BUDGET REAPPROPRIATIONS Item 4 ATTACHMENT B
Attachment B - FY 2024 to FY 2025
Capital Reappropriation Requests
Expenses
Revenues
Fund Number and Name
Project Title
Proj. No.
Adopted Reapp
Final Reapp
Total Reapp
Adopted Reapp
Final Reapp
Total Reapp
Vehicle/Equipment Replacement - FY 2021
VR-21000
17,351
(370)
16,981
-
-
-
Vehicle/Equipment Replacement - FY 2023
VR-23000
729,331
(376,413)
352,918
-
-
-
Vehicle/Equipment Replacement - FY 2024
VR-24000
4,178,469
(146,206)
4,032,263
-
-
-
681 -Vehicle Fund TOTAL
4,994,813
(522,989)
4,471,824
-
-
-
GRAND TOTAL
228,654,220
(11,794,489)
216,859,731
89,513,224
155,951,200
245,464,424
Item 4: Staff Report Pg. 19 Packet Pg. 60 of 377
CAPITAL IMPROVEMENT PLAN FY 2025 TECHNICAL CLEAN-UP ACTIONS
Item4 ACHMENTC
Attachment C - Capital Improvement
Plan FY 2025 Technical Clean-up
Fund Name
Department
Project No.
Project
Description
xpense
Capital Improvement Fund
Public Works
PE -15001
New Public Safety Building
Due to higher -than -budgeted salaries and benefits
$ -
$ 937,000
costs in prior years, the remaining funds in this
project are insufficient to cover the total design and
construction contract cost of $115.6 million (Report
#11752). This action will increase appropriation by
$0.9 million in FY 2025 to restore the full amount of
funding required for the project's design and
construction contract and increase the total project
budget to $119.5 million.
Capital Improvement Fund
Public Works
PE -15007
New Downtown Parking Garage
Staff recommends revising the New Downtown
$ 10,100,000
$10,100,000
Parking Garage project funding sources schedule
and expenditure schedule to reflect additional
transfers of $10.1 million from the University
Avenue Parking In Lieu Fund in FY 2025. This
revision reflects the City Council direction from
December 2023 (Report # 2309-2043) to resume
work on the project and increases the total project
budget to $17.3 million.
Electric Fund
Utilities
EL -89028
Electric Customer Connections
City Council approved increasing the City Manager's
$ -
$ (2,403,054)
authority to purchase electric transformers from $2
million to $4 million annually from prequalified
vendors (Report # 2403-2755).Various projects,
such as Electric System Improvements (EL -98003),
Electric Customer Connections (EL -89028), and Grid
Modernization for Electrification (EL -24000), utilize
these transformers. In FY 2024, the entire latest
round of transformer purchases were incorrectly
encumbered in EL -89028 in FY 2024 and carried
forward into FY 2025. This action will align funding
in FY 2025 with planned work in this project by
reducing the budget from $5.8 million to $3.4
million.
Item 4: Staff Report Pg. 20 1 Packet Pg. 61 of 377
Item 5
Item 5 Staff Report
CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: October 21, 2024
Report #:2408-3366
TITLE
Approval of Purchase Order with Anixter, Inc. for the Purchase of Fiber Materials Not -to -Exceed
$348,003; and Authorization to Execute Changes Not -to -Exceed $30,000 for Related, for a Total
Not -to -Exceed Amount of $378,003 for Fiscal Year 2025; CEQA Status — Council action on this
item is within the scope of the Final Initial Study and Mitigated Negative Declaration (IS/MND)
was adopted by Council Resolution on June 17, 2024
RECOMMENDATION
Staff Recommends that the City Council:
1. Approve and authorize the City Manager or their designee, to execute purchase
order 4525000136 with Anixter Inc. in the amount of $348,003 for the purchase of
fiber optic cable, enclosures, patch panels and cabinets for the FTTP Pilot Project;
and
2. Authorize the City Manager or their designee to negotiate and execute one or more
changes to purchase order 4525000136 with Anixter, Inc. for related but unforeseen
work which may develop during the FTTP pilot not -to -exceed $30,000; for a total
not -to -exceed amount of $378,003 for Fiscal Year 2025.
BACKGROUND
On December 19, 2022, City Council directed staff to proceed with the Fiber Expansion Plan to
implement the Fiber Rebuild project and Phase 1 of the FTTP Project. In Phase 1, FTTP would be
built out in selected areas of the city and expanded gradually (Staff Report ID 148001).
Construction of the fiber backbone in the Fiber Rebuild project and last mile infrastructure to
provide FTTP broadband internet to the community in the FTTP project will be a significant
undertaking for the City. Council approval of this purchase order will allow the utilities
1 Staff Report ID 14800 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-ma nager-reports-cm rs/2022/12-19-2022-id-14800. pdf
Item 5: Staff Report Pg. 1 Packet Pg. 62 of 377
Item 5
Item 5 Staff Report
department to order the necessary materials and components in the quantities and
specifications required to build FTTP in the pilot area.
ANALYSIS
The design of the pilot area strategically covers initial test area plans for grid modernization,
and a core portion of the Phase 1 FTTP area. The pilot area is bounded by West Bayshore,
Embarcadero Road, Louis Road, and Colorado Ave). The FTTP pilot is predominantly aerial
construction in the grid modernization pilot area. FTTP build out must be constructed in a
manner that provides a pathway from the fiber hut to the areas of higher interest.
Based on the engineering design of the pilot area, the City's consultant Magellan and staff
developed a comprehensive list of the materials and components required to build FTTP along
with the quantities and material specifications. The build of materials (BOM) include various
counts of fiber cables, vaults, splice trays, enclosures, patch panels, fiber distribution cabinets
and pole attachment materials. The request for quotation (RFQ) for the fiber BOM was
published on June 6, 2024 on the City of Palo Alto's e -procurement website (OpenGov), with a
RFQ due date of July 10, 2024. The City received five (5) bids. One of the bids was deemed
non -responsive because they only provided costs for a subset of the materials on the BOM.
Below is the procurement summary table:
Project Bid Number and Name
RFQ 190165 — Purchase and Delivery of Assorted Fiber Optic Material
for Fiber -to -the -Premises (Pilot)
Proposed Length of Project
3 —6 months
Total Days to Respond to Bid
34 days
Number of Bids Received
5
Bid Price Range
$342,341 - $535,242
FISCAL/RESOURCE IMPACT
Funding for this purchase order is available in the Fiscal Year 2025 Capital Improvement Plan
budget for the Fiber -To -The -Premises "FTTP" Capital Project (FO -24000). The base purchase
order amount of $348,003 is slightly higher than the bid proposal of $342,341 because there is
a minimum charge for reels of cables. Purchasing a full reel is more cost and construction
effective than buying a partial reel. The excess cables will be used for subsequent phases of
FTTP or dark fiber projects.
STAKEHOLDER ENGAGEMENT
Staff continues to engage with the community on the FTTP efforts primarily through the City's
Finance Committee and Utilities Advisory Commission discussions which are open to the public
to participate and share feedback.
Item 5: Staff Report Pg. 2 Packet Pg. 63 of 377
Item 5
Item 5 Staff Report
In addition, staff continues to share updates through the Palo Alto Fiber project webpage6, City
communications channels such as social media', and Medium.com blog8.
ENVIRONMENTAL REVIEW
The FTTP 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. A final Initial Study -Mitigated Negative Declaration
(IS/MND) that incorporated revisions, as appropriate, based on public comments was adopted
by Council Resolution on June 17, 2024. (Staff Report 2403-27132).
ATTACHMENTS
Attachment A: Anixter, Inc. Purchase Order -4525000136
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Dave Yuan, Utilities Strategic Business Manager
z Staff Report 2403-2713 https://cityofpaloaIto.primegov.com/Portal/viewer?id=0&type=7&uid=2b77638f-b16d-
43a9-ae2a-4b57a96f813d
Item 5: Staff Report Pg. 3 Packet Pg. 64 of 377
Vendor Address
ANIXTER INC
P O BOX 842584
DALLAS TX 75284
Tel: 8003502285
Ship Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Rill Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Item 5
Attachment A - Anixter,
Inc. Purchase Order -
4525000136
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
4525000136
Date
09/18/2024
Vendor No.
105666
Payment Terms
Payment Due 30 days
FOB Point
F.O.B Destination
Ship via
Vendor to ship bestway
Required Date
03/17/2025
Buyer/Phone
Renee Howard / 650-496-5900
Email
renee.howard@cityofpaloalto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item
Material/Description
Quantity UM
Net Price
Net Amount
RFQ 190165 PURCHASE AND DELIVERY OF ASSORTED FIBER OPTIC
MATERIAL (PILOT) DATED JULY 10, 2024. AND STAFF REPORTS
#2408-3366 APPROVED ON OCTOBER 21, 2024.
0010
24 CT Fiber Cable, Armored, Loose
16,958 FT
0.33
5,596.14
Catalog number: LE024*C5201S1D
0020
96 CT Fiber Cable, Armored, Loose
11,964 FT
0.62
7,417.68
Catalog number: LE096*C8201S1D
0030
144 CT Fiber Cable, Armored, Loose
25,707 FT
0.84
21 ,593.88
Catalog number: LE144*CC201S1D
0040
432 CT Fiber Cable, Armored, Ribbon
16,743 FT
3.66
61 ,279.38
Catalog number: 760213884
0050
1" HDPE Conduit, Orange SDR-1 1
5,000 FT
0.38
1,900.00
(MA
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 5: Staff Report Pg. 4 1 Packet Pg. 65 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
LIFOR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
ANIXTER INC
P O BOX 842584
DALLAS TX 75284
Tel: 8003502285
ship Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Rill Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Item 5
Attachment A - Anixter,
Inc. Purchase Order -
4525000136
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
4525000136
Date
09/18/2024
Vendor No.
105666
Payment Terms
Payment Due 30 days
FOB Point
F.O.B Destination
Ship via
Vendor to ship bestway
Required Date
03/17/2025
Buyer/Phone
Renee Howard / 650-496-5900
Email
renee.howard a citvofoaloalto.o
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 2 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
0060
2" HDPE Conduit, Orange SDR-1 1
3,000 FT
0.94
2,820.00
0070
Mule Tape
3,000 FT
0.02
60.00
0080
#12 AWG Solid Thhn Insulated Tracer Wire
1,234 FT
0.17
209.78
0090
Drop Vault, 12" x 12"
6 EA
145.11
870.66
0100
Vault, 24" x 36"
26 EA
433.85
11,280.10
0110
Large Vault, 30" x 48"
9 EA
939.67
8,457.03
0120
288F Pad mounted FDH Splitter Cabinet
6 EA
3,260.86
19,565.16
Catalog number: R -D -A2 -288-C1 E-1 001-B 100F
0130
1 x32 Splitter (4 per FDH at install)
24 EA
828.65
19,887.60
Catalog number: KC1-CAA
0140
144 port rack mount panel
1 EA
4,108.70
4,108.70
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 5: Staff Report Pg. 5 1 Packet Pg. 66 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
LIFOR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
ANIXTER INC
P O BOX 842584
DALLAS TX 75284
Tel: 8003502285
Ship Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Rill Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Item 5
Attachment A - Anixter,
Inc. Purchase Order -
4525000136
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
4525000136
Date
09/18/2024
Vendor No.
105666
Payment Terms
Payment Due 30 days
FOB Point
F.O.B Destination
Ship via
Vendor to ship bestway
Required Date
03/17/2025
Buyer/Phone
Renee Howard / 650-496-5900
Email
renee.howard a citvofoaloalto.o
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 3 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
Catalog number: 760239066 1 UDS-2U-BK-LA-A
0150
432 port rack mount panel
4 EA
11,298.91
45,195.64
Catalog number: 760239070 1 UDS-6U-BK-LA-A
0160
Snow Shoes
210 EA
17.20
3,612.00
0170
Anchors - Softscape
41 EA
28.12
1,152.92
0180
Anchors - Hardscape
20 EA
42.30
846.00
0190
6M Strand
50,000 FT
0.17
8,500.00
0200
48 CT Fiber Cable, Armored, Loose
7,147 FT
0.39
2,787.33
Catalog number: LE048*C5201S1D
0210
5/8" x 8' Copper Clad Ground Rod
100 EA
15.76
1,576.00
0220
Fan Out Kits
10 EA
22.25
222.50
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 5: Staff Report Pg. 6 1 Packet Pg. 67 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
LIFOR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
ANIXTER INC
P O BOX 842584
DALLAS TX 75284
Tel: 8003502285
ship Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Rill Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Item 5
Attachment A - Anixter,
Inc. Purchase Order -
4525000136
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
4525000136
Date
09/18/2024
Vendor No.
105666
Payment Terms
Payment Due 30 days
FOB Point
F.O.B Destination
Ship via
Vendor to ship bestway
Required Date
03/17/2025
Buyer/Phone
Renee Howard / 650-496-5900
Email
renee.howard a citvofoaloalto.o
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 4 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
0230
Guy Marker -Yellow plastic cover
60 EA
3.31
198.60
0240
Pole Attachment Hardware
414 EA
112.00
46,368.00
CUSTOMER ITEM 311 ON BOM Attachment A
- INCLUDES ALL ITEMS BELOW * * *
450ea J8810 5/8X10MB ($1.75, 787.50, 2wks, SPQ: 50ea)
414ea SI-5365 5/8 SQ NUT ($0.17/ea, 703.80, 1-2wks)
450ea LS -S9104 LINE SPLICE($3.89, 1750.50, 14wks, SPQ: 50)
414ea J8812 5/8X12MB ($2.00, 828.00, 1-2wks)
414ea 7903 5-5/8 SUSP CLAMP ($6.48/ea, 2, 682.72, 1-2wks)
400ea DE -S1104 ($1.90, 760, 2wks, SPQ: 100)
414ea J8814 14in MB ($2.00, 828.00, 1-2wks)
425ea SI-1755 CURVED SUSP CLAMP ($4.85/ea, 2, 061.25, 8wks,
SPQ: 25)
2000ea SI-7512-050 ($0.51, 1,020.00, 8wks, SPQ: 2,000
414ea J8816 5/8X16 MB ($36.00, 14,904.00, 1-2wks)
425ea J7930 CROSSOVER CLAMP ($14.40/ea, 6,120, 12wks, SPQ:
25) 400ea SI-0038 ($1.49, 596.00, 7wks, SPQ: 400)
414ea 5510 5/8X10 THIMBLEYE ($5.90, 2,442.60, 1-2wks)
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 5: Staff Report Pg. 7 1 Packet Pg. 68 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
LIFOR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
ANIXTER INC
P O BOX 842584
DALLAS TX 75284
Tel: 8003502285
Ship Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Rill Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Item 5
Attachment A - Anixter,
Inc. Purchase Order -
4525000136
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
4525000136
Date
09/18/2024
Vendor No.
105666
Payment Terms
Payment Due 30 days
FOB Point
F.O.B Destination
Ship via
Vendor to ship bestway
Required Date
03/17/2025
Buyer/Phone
Renee Howard / 650-496-5900
Email
renee.howard a citvofoaloalto.o
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 5 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
450ea SI-4430 GUY ATTACH ($1.60/ea, 720.00, 2wks, SPQ: 50)
414ea J6493 ($0.29, 120.06, 1-2wks)
414ea 5512 5/8X12 THIMBLEYE ($4.00, 1,656.00, 1-2wks)
400ea SI-2175 D CABLE LASHIN WIRE CLAMP ($0.45/ea, $180.00,
SPQ: 400, 2wks)
414ea J7487 ($0.14, 57.96, 1-2wks)
414ea J8053 5/8X14 THIMBLEYE ($5.00, 2,070.00, 1-2wks)
500ea SI -7511-10 10" SS LASH STRAP ($0.14/ea , 70.00, 8wks,
SPQ: 500)
414ea PM128 ($2.98/ea, 1,233.72, 1-2wks)"
414ea J8054 5/8X16 THIMBLEYE ($5.40, 2,235.60, 1-2wks)
414ea SI-7511-16 16" LASHING SUPP STRAP ($0.15/ea, 62.10,
1-2wks) 425ea L504 ($3.60/ea,
20wks, SPQ: 25)
500ea SI-9102 2x2 SQ WASHER 11/16 ($ 0.35, 175.00, 2wks)
400ea SI-2174 ($1.93/ea, 772.00, SPQ: 100, 8wks)"
TOTAL (ITEM 311): $46,366.81
0250
FOSC 450 B Closure
62 EA
205.90
12,765.80
Catalog number: 058514-000
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 5: Staff Report Pg. 8 1 Packet Pg. 69 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
LIFOR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
ANIXTER INC
P O BOX 842584
DALLAS TX 75284
Tel: 8003502285
ship Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Rill Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Item 5
Attachment A - Anixter,
Inc. Purchase Order -
4525000136
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
4525000136
Date
09/18/2024
Vendor No.
105666
Payment Terms
Payment Due 30 days
FOB Point
F.O.B Destination
Ship via
Vendor to ship bestway
Required Date
03/17/2025
Buyer/Phone
Renee Howard / 650-496-5900
Email
renee.howard a citvofoaloalto.o
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 6 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
0260
Splice Tray for B -Gel Closure (SM12)
186 EA
18.85
3,506.10
Catalog number: Z75279-000
0270
Slack Basket for B -Gel Closure
62 EA
16.27
1,008.74
Catalog number: 457507-000
0280
FOSC 450 C Closure
42 EA
228.56
9,599.52
Catalog number: J1945R-000
0290
Splice Tray for C -Gel Closure (SM 12)
126 EA
26.35
3,320.10
Catalog number: EM5842-000
0300
Slack Basket for C -Gel Closure
42 EA
16.84
707.28
Catalog number: RHo199-000
0310
FOSC 450 D Closure
27 EA
323.86
8,744.22
Catalog number: 931866-000
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 5: Staff Report Pg. 9 1 Packet Pg. 70 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
LIFOR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
ANIXTER INC
P O BOX 842584
DALLAS TX 75284
Tel: 8003502285
Ship Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Rill Tn.
Utilities Electric Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto CA 94303
Item 5
Attachment A - Anixter,
Inc. Purchase Order -
4525000136
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
4525000136
Date
09/18/2024
Vendor No.
105666
Payment Terms
Payment Due 30 days
FOB Point
F.O.B Destination
Ship via
Vendor to ship bestway
Required Date
03/17/2025
Buyer/Phone
Renee Howard / 650-496-5900
Email
renee.howard a citvofoaloalto.o
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 7 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
0320
D Size splice Tray
82 EA
39.78
3,261.96
Catalog number: JL0937-000
0330
Slack Basket for D -Gel Closure
27 EA
17.95
484.65
Catalog number: 089279-000
Sub-Total
-------------------------
318,903.47
Sales Tax
29,099.94
PRICE HAS BEEN QUOTED * * * *
(I fi1IA Al AAAIA A
Total 348,003.41
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 5: Staff Report Pg. 10 l Packet Pg. 71 of 377
TERMS AND CONDITIONS OF PURCHASE
Item 5
Attachment A - Anixter,
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all
quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept
any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the
terms and conditions herein which shall prevail over any inconsistent provision in any form or
other paper submitted by Seller. All shipments or services performed shall be deemed to have
been made pursuant hereto. No other terms are acceptable. This P.O., including all
specifications and drawings, shall constitute the entire agreement between the parties unless
modified in writing by City.
CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and
drawings, patterns, and specification supplied or paid for by City shall be and remain City
property and shall be held by Seller for City unless directed otherwise. Seller shall account for
such items and keep them protected, insured, and in good working conditions without
expense to City.
DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of
Seller to meet the delivery dates, specifications, and quantities set forth herein is of the
essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized
by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if
not, such quantities and times are specified pursuant to City's written instruction. Items not
delivered may be canceled without penalty to City. Shipments in greater or lesser quantity
that ordered may be returned at Seller's expense unless written authorization is issued by
City.
PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's
most recent quote or charge to City for such materials, supplies, services and/or installations
unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the
P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed
herein which may be made by Seller at any time prior to the last delivery of goods or services
covered by this P.O.
TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten
(10) days notice in writing to Seller.
(1) Without ca...P City may terminate all or any part of this P.O. without cause. Any
claim by Seller for damages due to termination without cause must be submitted to City
within thirty (30) days after effective date of termination.
(2) For f:ai cP If Seller fails to make any delivery in accordance with the agreed delivery
date, delivery schedule, or otherwise fails to observe or comply with any of the other
instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to
any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O.
in writing without any liability of City with respect to Seller at any time during the term of this
P.O. In the event of termination for cause, City may purchase supplies or services elsewhere
on such terms or in such manner as City may deem appropriate and Seller shall be liable to
City for any cost and other expenses incurred by City, which is charged to City.
CHANGES: City shall have the right at any time by written notice via P.O. Change Order to
Seller to make changes in the specifications, the quantity of items called for, delivery
schedules, and requirements covering testing, packaging, or destination. Any claim by Seller
for adjustment under this clause shall be deemed waived unless made in writing with then
(10) days after receipt by Seller of notice of such change. Price increases or extensions of
time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued
by City's Purchasing Manager.
INSPECTION: City shall have the right to inspect and approve or reject any materials,
supplies, services and/or installations upon arrival of notice of completion prior to payment
without regard to the manner of shipment, completion, or any shipping or price terms
contained in this P.O. All materials, supplies, services and/or installations must be furnished
as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies may be returned
for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking,
examining, repacking and reshipping of such materials and/or supplies.
(2) Defective, incorrect and nonconforming services and/or installations may be returned
for credit or refund, at Seller's expense. All of the nhnww nofwithvranding,prior payw r t hhy
Tity
WARRANTY: Seller expressly warrants that all I f/or
Inc. Purchase Order -
installations covered by this P.O. shall:
(1) conform to the specifications, drawing 4525000136 s specified by
City or if none are so specified, to Seller's standard specification or the standards of the
ASTM or ANSI or other national standard organizations;
(2) be new and unless specified to the contrary on the face hereof, will be free from
defects in material and workmanship and will be free of all liens and encumbrances and will
conform to any affirmation of facts made on the container or label;
(3) be adequately contained, packaged, marked, labeled and/or provided in compliance
with all applicable federal and state laws and regulations (including materials deemed
hazardous);
(4) be performed within the rules and regulations of the Occupational Safety and Health
Act of 1970 (as amended);
(5) be produced or transferred or disposed of as required by federal and state laws and
regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials
Control and Hazardous Waste Regulations; and other toxic laws and programs.
Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees
and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or
expense arising in connection with or resulting from Seller's failure to furnish materials or
supplies or perform services that conform with any warranty contained herein.
(6) have good marketable title.
GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.
INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an
independent contractor. Seller shall protect, defend, and indemnify and hold City harmless
against all damages, liability, claims, losses and expenses (including attorney's fees) arising
out of , or resulting in any way from Seller's negligence in providing the goods or services
purchased hereunder or from any act or omission of Seller, its agents, employees, or
subcontractors, Seller shall maintain such public liability insurance, including contractual
liability, automobile and general public liability, (including non -owned automobile liability)
Worker's Compensation, and employer's liability insurance as well adequately protect City
against such damage, liabilities, claims, losses, and expenses (including attorney's fees).
Seller agrees to submit certificates of insurance, evidencing its insurance coverage when
requested by City.
EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in
compliance with the Equal Opportunity Clause required by Executive Order 11246, as
amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action
Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal
opportunity programs.
FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its
control. Seller shall hold such materials, supplies, services and or installations at the direction
of City and shall deliver them when the cause affecting the delay has been removed. City
shall be responsible only for Seller's direct additional costs in holding the goods or delaying
performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed
by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as
they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original
delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of
other customers, which were placed after this P.O.
AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O.
on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or
factor relationship to City. Seller shall be deemed to have the legal authority to enter into this
P.O. with City on behalf of the third party.
INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the
terms of this P.O. and the attached specification with respect to any obligation of Seller, the
provision which impose the greater obligations upon Seller shall prevail.
CITY OF PALO ALTO PAGE 1 OF 3
GDS Rev. 06/22/2016 Item 5: Staff Report Pg. 11 Packet Pg. 72 of 377
TERMS AND CONDITIONS OF PURCHASE
Item 5
Attachment A - Anixter,
ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply
with the City's Environmentally Preferred Purchasing Requirements.
(1) Ha,ardni a Wnsrar
Seller shall take -back all spent or otherwise discarded hazardous products sold to the City by
the Seller if the spent or discarded products are classified as hazardous or universal wastes by
State or Federal regulations. Seller shall provide convenient collection and recycling services
(or disposal services if recycling technology is unavailable) for all universal wastes, which
originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to
City staff upon request. Recycling and reuse of hazardous wastes must occur within the
United States. Universal waste lists and information are available
www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at
http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can
be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650)
496-6980.
(2) Tarn Wasts and Pnlli ifinn Pravantinn
Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The
City must also meet Municipal Regional Stormwater Permit requirements requiring no visible
impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or
contractor must individually or collaboratively comply with the waste reduction, reuse and
recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller
acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these
requirements, the City will suffer, as a result of Seller's failure, substantial damages which
are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in
addition to all other damages to which the City may be entitled, in the event Seller fails to
comply with the below requirements Seller shall pay City as liquidated damages the amounts
specified below. The liquidated damage amount is not a penalty but considered to be a
reasonable estimate of the amount of damages City will suffer as a result of such
non-compliance.
• Sellers shall adhere to the standard that all printed materials provided to the City that are
generated from a personal computer and printer including, proposals, quotes, invoices,
reports, and public education materials shall be double -sided, printed on a minimum of 30%
post -consumer content paper or greater unless otherwise approved by the City's
Environmental Services Division (650) 329-2117. Materials printed by a professional printing
company shall be a minimum of 30% post -consumer material or greater and printed with
vegetable based inks. Liquidated damages of $30 per document will be assessed by City for
failure to adhere to this requirement.
• All paper packaging must be Forest Stewardship Council (FSC) Certified.
• All primary, secondary and shipping (tertiary) packaging be minimized to the maximum
extent feasible while protecting the product being shipped.
• All primary, secondary and shipping packaging shall be recyclable in the City's recycling
program. A complete list of items accepted for recycling are found at
www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that
does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the
combined product and shipping cost is $235 or less will be assessed by City for failure to
adhere to this requirement.
• Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as
but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not
be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor,
manufacturer, contractor individually or collaboratively does one of the following:
(a) takes the material back at the City's convenience and at no cost to the City, or
(b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of
$235, or a minimum of $50 if the combined product and shipping cost is $235 or less.
o Bioplastics that meet ASTM D6400 standards for compostability may be accepted
with approval from the City's Environmental Services Division subject to local municipal
compost facility requirements.
o If approved by the City's Environmental Services Division, a packaging requirement
may be waived if no other viable packaging alternative exists.
• Reusable/returnable pallets shall be used and I additional
I Inc. Purchase Order -
cost to the City. Seller shall provide documental Fe of pallets
and/or recycling of broken pallets. Liquidated da 4525000136 of $50 if the
combined product and shipping cost is $262 or less will be assessed by City for failure to
adhere to this requirement.
(3) Fnorny and Wafer FffiniannvL
Seller shall provide products with an ENERGY STAR, Water Sense or State of California
standard rating, whichever is more efficient, when ratings exist for those products. A life
cycle cost analysis shall be provided to the City upon request and shall at minimum include:
first cost, operating costs, maintenance costs, and disposal costs.
Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and
Utilities programs:
Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) I^niadafad fluwups
Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing
Requirements will result in Liquidated Damages, according to the table marked Liquidated
Damages on page 3 of this P.O.
CITY OF PALO ALTO PAGE 2 OF 3
GDS Rev. 06/22/2016 Item 5: Staff Report Pg. 12 Packet Pg. 73 of 377
TERMS AND CONDITIONS OF PURCHASE
Item 5
Attachment A - Anixter,
Inc. Purchase Order -
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:
The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated
the amount of liquidated damages for failure to meet the contractually required standards of performance.
4525000136
level, and
Event of Non -Performance
Acceptable Performance Level
Liquidated Damage Amount
(Allowed events per Fiscal Year)
Recycled Paper Use
Failure to use 30% recycled content paper
1
$30 per each document
Recyclable Packaging Materials
Failure of Seller to use secondary and shipping packaging that is recyclable in
1
$235 or a minimum of $50 if the combined product
the City's recycling program.
and shipping cost is $250 or less will be incurred if
this is not adhered to.
Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping
0
$235 or a minimum of $50 if the combined product
packaging
and shipping cost is $235 or less
Pallet Use
1
$262 or a minimum of $50 if the combined product
Failure of Seller to take -back and reuse pallets, recycling only broken pallets,
and shipping cost is $2 or less
at no additional cost to the City.
CITY OF PALO ALTO PAGE 3 OF 3
GDS Rev. 06/22/2016 Item 5: Staff Report Pg. 13 Packet Pg. 74 of 377
Item 6
Item 6 Staff Report
CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: October 21, 2024
Report #:2408-3386
TITLE
Approval of Contract Amendment Number 2 to Contract Number C19173035 with Team
Sheeper, Inc., for a five-year Operating and Revenue Sharing Agreement for operations of
Rinconada Pool, with an option to renew for an additional five years, effective January 1, 2025;
CEQA status —not a project.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or designee to execute
Amendment No. 2 to Contract Number C19173035 with Team Sheeper Inc. (Attachment B), for
an additional five-year revenue share contract for operational oversight of Rinconada Pool's
aquatics programming for the term of January 1, 2025 through December 31, 2029.
EXECUTIVE SUMMARY
The City of Palo Alto owns the Rinconada Pool which has been operated by third -party service
provider, Team Sheeper, Inc., since 2018. Contract Number C19173035 with Team Sheeper, Inc.
became effective January 1, 2019 and will terminate on December 31, 20241 based on a five-year
contract term. Staff is recommending a contract amendment to extend the term for five years
with an option for an additional five years if mutually agreeable to both parties. This
recommendation is based on exceptional performance by Team Sheeper, Inc. and positive
feedback from pool users, including a survey conducted by the Friends of the Rinconada Pool
asking if pool users support a contract extension. Ninety percent of survey respondents were in
favor of Team Sheeper, Inc. continuing as the Rinconada Pool operator.
Aquatics programming provided by Team Sheeper, Inc. includes swim instructors and certified
lifeguards to provide lap swim, open/recreation swim, a youth swim team, youth swim lessons,
youth camps, masters swim, lane rentals for community swim teams and other community
groups, and pool parties. Team Sheeper, Inc. is responsible for operating and delivering high -
1 City Council, December 18, 2018; Agenda Item #14; SR #9909
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quality aquatics programs, managing program registration, providing responsive customer
service, adapting programs to community needs and demands, and setting user fees comparable
to those of aquatics facilities in other nearby communities. The City is responsible for facility
maintenance.
BACKGROUND
In 2015, the City struggled to hire and retain adequate pool staff to meet community demand for
the lap swim, learn -to -swim and family recreation swim programs at Rinconada Pool. The
Community Services Department (CSD) entered an emergency contract with an outside provider
to mitigate its staffing shortages. Working on a very short timeline, CSD executed a contract with
Team Sheeper Inc.,2 a professional third -party aquatics service provider who mobilized quickly to
provide qualified professional swim instructors and lifeguards to support the Palo Alto aquatics
programs. In search of a more sustainable and reliable solution for community aquatics services,
in December 2015, CSD issued a Request for Proposals (RFP) to oversee all programming at the
pool including:
1. Learn -to -swim lessons
2. The youth competitive swim team
3. The adult masters swim team
4. Aquatics facilities operations, including recreational swim, lap swim, and pool rentals
After a careful review of proposals, Team Sheeper, Inc. was selected as the preferred contractor
and was awarded a contract with the City effective March 1, 2017 through December 31, 2018.3
Staff, the public, and most Rinconada Pool user groups had very favorable responses toward this
new contracted aquatic -services model. Due to this success, on July 18, 2018, an RFP was
released to solicit contractors for a longer -term operational contract at the Rinconada Pool
expected to take effect January 1, 2019. The goal of the new RFP was to identify a long-term
partner who would collaborate with the City and the community to provide high -quality,
accessible, and safe aquatics programming at the Rinconada Pool.
The RFP scope included all current programming and the opportunity to introduce new services.
Invitations to bid were sent to 60 potential bidders including the providers currently at the
Rinconada Pool: Palo Alto Stanford Aquatics, Rinconada Masters and Team Sheeper, Inc. The RFP
2 City Council, May 9, 2016; Agenda Item #8; SR #6812
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3 City Council, January 9, 2017; Agenda Item #10; SR #7552
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
cm rs/yea r -a rch ive/2017/id-7552-sheeper. pdf
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received one response, from Team Sheeper, Inc. Staff completed an evaluation of Team Sheeper
Inc.'s REP response, using the following criteria:
• Safety of pool users and aquatics employees
• City and Customer Costs
• Quality of Service and Customer Satisfaction
• Diversity of Programming and Accessibility
Contract Number C19173035 was awarded to Team Sheeper, Inc. effective January 1, 2019 to
December 31, 20244.
ANALYSIS
Operating with a single full -service contracted operator has resulted in a positive pool user
experience with higher service levels than before. Therefore, staff recommends the Council
approve Amendment Number 2, a five-year Operating and Revenue Sharing Agreement
(Attachment B) with Team Sheeper, Inc.
Team Sheeper Successes at Rinconada Pool from January 1, 2017 - Present
1. Stability and Consistency of Providing Services: Since assuming operations of Rinconada
Pool in 2017, Team Sheeper, Inc. has provided seven years of consistent, stable, and safe
operations.
2. Increase in Community Usage of Pool2018-2024: Pool usage has steadily increased since
Team Sheeper, Inc. began operating all pool programs as shown in the table below.
Program Jan -Jul 2019
Jan-Jul2024 %Increase
288 51.6%
Lap Swim Avg Monthly Members
190
Annual Open Swim Visits
15,142
20,059 32.5%
Swim Lessons
3,397
4,160
22.5%
Campers
339
604
78.2%
3. Increase in Customer and Safety Services: It is a company practice and value to have a
pleasant, friendly, and highly informed customer service staff member greet each patron
and certified lifeguards to attentively watch and monitor all facility activities.
4 City Council, December 18, 2018; Agenda Item #14; SR #9909
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4. Community Satisfaction: Team Sheeper, Inc.'s annual customer satisfaction survey
reports have reflected overwhelming acceptance and high satisfaction with operational
practices including program delivery, customer service, fee structure, safety, program
content, and staff members.
Chart # 1: Survey Results for Business Operations
Lifeguards
Communications
Web/Online Experience
Front Desk
Customer Service
Pool Deck Cleanliness
Locker Rooms
Experie rice
Safety
Fees Reasonable
0%
71%
20°%o 40% 6O/ 8O°l
Satisfied to Extremely Satisfied
Chart # 2: Lap Swim Survey Results
f♦ 9094
f♦ 93%
82%
f♦ 94%
f♦ 90%
f♦ 95%
100%
84%
97%
78%
0% 2O°l 4O°l 60% 8O% 100%
Satisfied to Extremely Satisfied
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Chart # 3: Open Swim Survey Results
Experience 81%
Safety 97%
0% 2090 40% 6001 8001 100%
Satisfied to Extremely Satisfied
Chart # 4: Swim Lesson Survey Results
Experience 94%
Safety 9594
Fees Reasonable 89%
0% 2001 400/O 6O% 8O% 100%
Satisfied to Extremely Satisfied
Chart # 5: Camp Survey Results
Likely to Register Again Next Year: Very 759'
Likely to Extremely Likely
Safety: Satisfied to Extemely Satisfied 97%
0% 200/O 400/O 600/O 800/O 100%
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Chart # 6: Palo Alto Masters Survey Results
Experience
Fees Reasonable
88%
78%
0% 2090 40% 60% 80% 100%
Satisfied to Extremely Satisfied
5. Development of Youth Summer Swim Camps: In their first year of operations, Teem
Sheeper began producing weekly learn -to -swim summer camps that have grown into
camps for campers from 5 to 14 years of age. In 2024, 604 campers improved their swim
skills.
6. Involvement with a Community Focus Group: Team Sheeper interacts and
communicates regularly with "The Friends of Rinconada Pool" to better understand the
wants and needs of the community lap swimmer. The Friends of Rinconada Pool is a
group of swimmers formed to advocate for lap swimmer representation in pool
operations surrounding time and space allocations. The group has evolved to include
twice -annual social gatherings for all community members.
7. Pandemic and Post -pandemic Services: Team Sheeper, Inc. provided safe and robust
aquatic services and programming that served the community with appropriate
modified operations. During the pandemic, Rinconada Pool and Burgess Pool were the
only pools operational in the area.
8. Conscience Steward of Community Asset: Team Sheeper, Inc. watches and listens to the
needs of the community and interfaces with City Staff. They have played a role in the
maintenance and improvement of pool fences, the pool slide, plaster resurfacing of both
pools, the addition of bike racks, introduction of play pool covers, additional wall -
mounted pace clock and refurbishment of lifeguard towers.
9. Understanding of Facility Legacy from Long -Time Pool Users: Every aquatic facility
possesses a spirit and soul that develops from the patrons that make up the pool
population. An operator must understand the wants and needs of the patrons who use
the pool and potential patrons who may not yet be using the pool. Balancing the past,
present and future with a desire to achieve a harmonious relationship across the
spectrum of user groups is the overriding goal for Team Sheeper, Inc.
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If the Council does not approve the staff recommendation, staff would extend the current
contract term for a reasonable time to allow staff to conduct a new competitive bid process. This
is not desirable as it would be disruptive to already satisfied pool users, a significant staff effort,
and unlikely to attract a significant number of responses due to the highly specialized nature of
the work.
FISCAL/RESOURCE IMPACT
Like Team Sheeper's current contract, this contract utilizes a revenue share model, which means
that the City does not pay Team Sheeper anything to operate Rinconada Pool. Instead, Team
Sheeper, Inc. will collect customer payments and remit gross revenues of as much as 12% of
revenues collected from all programs to the City of Palo Alto. The exact share of gross revenue
remit to the City is dependent on the total revenue earned. The tiers that determine the
percentage owed are proposed to change with this amendment as shown in the below table. For
example, if total revenues earned are less than $1.75 million, the City's revenue share is 1%, if
total revenues earned is $2 million the City's revenue share is 2%. Given that the average total
annual revenue forTeam Sheeper has been $845,000, the new proposed tiers are not anticipated
to have a large impact on revenues owed to the city.
up to $1.25 million
•d t.]ol.Mlokl-.
up to $1.75 million
, .
. . •ituu1iIi1iuuuiiiiui
1%
$1,250,001 to $1,500,000
$1,750,001 to $2,250,000
2%
$1,500,001 to $1,750,000
$2,250,001 to $2,750,000
3%
$1,750,001 to $2,000,000
$2,750,001 to $3,250,000
4%
$2,000,001 to $2,500,000
$3,250,001 to $3,750,000
5%
$2,500,001 to $3,000,000
$3,750,001 to $4,250,000
6%
For each additional $500,000 in revenue, the gross revenue
percentage will grow 1% point up to a maximum of 12%
STAKEHOLDER ENGAGEMENT
Staff and Team Sheeper, Inc. provide an annual performance update to the Parks and Recreation
Commission (PRC) on progress of the Rinconada Pool operations. The report and presentation
include revenues, expenditures, and program updates within lap swim, open swim, Master's,
swim lessons and camps. This also includes Palo Alto Stanford Aquatics' (PASA) use of the pool.
A monthly community e -newsletter provides program updates, pool closures, and facility
maintenance to those who are signed up to receive them.
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Staff and Team Sheeper, Inc. also provide a quarterly update with the Friends of the Rinconada
Pool. Friends of Rinconada Pool (FoRP) is an unincorporated association that represents the
interests of lap swimmers of Rinconada Pool, and facilitates communication and problem -solving
between lap swimmers, the City of Palo Alto, and pool or swim program operators under contract
to the City.
At the request of the City, FoRP surveyed its members to solicit their opinions on the upcoming
renewal of the contract with Team Sheeper, Inc. This report (Attachment A) summarizes the
results, while appendices contain the text of the questionnaire and all individual responses.
ENVIRONMENTAL REVIEW
The recommendation in this report does not constitute a project requiring review under the
California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A: Friends of the Rinconada Pool Survey Results
Attachment B: Contract with Team Sheeper, Inc.; Contract C19173035, Amendment Number 2
APPROVED BY:
Kristen O'Kane, Community Services Director
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Friends of Rinconada Pool
Survey Report
2024 Team Sheeper Contract Renewal
Friends of Rinconada Pool (FoRP) is an unincorporated association that represents the
interests of lap swimmers of Rinconada Pool, and facilitates communication and
problem -solving between lap swimmers, the City of Palo Alto, and pool or swim program
operators under contract to the City.
At the request of the City, FoRP conducted a survey of its members to solicit their opinions on
the upcoming renewal of the contract with Team Sheeper who currently operates the City's swim
programs. This report summarizes the results, while appendices contain the text of the
questionnaire and all individual responses.
SUMMARY
The survey comprised five questions (APPENDIX 1: Survey Questionnaire), two directly related
to the contract renewal, two soliciting feedback on what was working for swimmers and what
changes they might like, and one for additional comments. FoRP members were invited, by
email, to enter their responses into a Google Form. The survey was expected to take less than
two minutes to complete, and was open for responses Jul 22 - Jul 31 2024.
40 out of 113 list members responded (a 35% response rate).
The results were overwhelmingly in favor of contract renewal with 90% of respondents selecting
"Yes." Explanations for this consistently included a high degree of satisfaction with overall pool
management, including a significant number of responses calling out frequent and consistent
communication, and several mentioning successful balancing of needs of different swim groups.
Of the four responders who selected "no," three elaborated on their responses. Two objected to
outsourcing a city service to a private for-profit contractor. One presented allegations of a more
serious nature. These responses warrant careful consideration, and are presented separately in
the discussion of Contract Renewal responses.
In pool operations, the two primary sources of satisfaction were the extensive hours of
operation/availability of lap swim lanes, and the friendliness of staff. Cleanliness of the facility
and the pool itself were also mentioned often.
The most consistently requested change was the addition of evening lap swim hours. A
noticeable number of responders expressed a desire for more consistent management of lane
allocations (in particular, transitions between masters and lap lanes, and usage of lesson lanes),
and stronger enforcement of pool rules (in particular, keeping open swimmers out of lap lanes
and adhering to opening times for open swim).
The results are discussed in more detail below. All individual responses are provided in
APPENDIX 2: Individual Responses.
2024-08-08
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CONTRACT RENEWAL
• Yes
•No
Distribution of responses to the question, "Are you in favor of the City extending the
contract with Team Sheeper/Palo Alto Swim & Sport (PASS) to operate Rinconada Pool
swim programs?" (40 total responses)
As shown above, 36 (90%) of the 40 respondents indicated that they were in favor of renewing
the contract and subsequently offered grounds for their opinion. Of these 36, 24 (67%) offered
sentiments reflecting a high degree of satisfaction with overall pool management, for instance,
"The pool is run better than ANY public pool in the nearby area."
The following additional comments capture majority sentiment:
• "Please do not go back to city management."
• "Renew the contract!!!"
• "Renew the contract!!"
• "Rinconada pool has definitely become a much more welcoming, prolem solving pool
with PASS management."
• "Please DO renew the contract with Team Sweeper - they are GREAT"
• "Keep Team Sheeper!"
• Recommend you extend Sheeper's contract.
• "Thanks to Team Sheeper and Friends of Rinconada Pool for helping to create a great
pool community!"
Of the four respondents who were not in favor of contract renewal, three provided elaborations.
These are offered here in full without discussion, but with added emphasis highlighting areas of
potential concern.
• "Terrible Management, Terrible CEO, Terrible HR, Terrible Employees, except Marla who
left for good reason and Jerome and Meena. They do Age discrimination and race
and color discrimination and have violated local, state and nationallaws."
• "It is a City pool that receives tax dollars and should not be run by a private company
that puts their agenda first. Tim Sheeper can be manipulative and political in getting his
way - including excluding lap swim hours in the evening as well as offering more lanes
for lap swimmers during non -work and non -sun hours. In addition, daily drop -in fees are
2024 FoRP Survey Report 1 2024-08-08
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so much higher than when it was City run - especially for masters swimming which
charges $20. "
• "Dislike privatizing public services. Was better when city ran it."
69�kiIII►T,II1*1:1 %I 'II 1.1 IsislU r]II
Overall management 24 67%
Communications 8 22%
Balancing needs of different swim programs 4 11%
Community spirit 3 8%
Breakdown of factors related to pool management mentioned favorably. Note that lack of mention by a
respondent likely indicates neutrality rather than a negative view.
In specific management factors, 8 respondents (22%) called out improved communications,
e.g., "Improved communications on circumstances important to lap swimmers.... Open and
responsive to requests for improvements." Other factors mentioned included balancing needs of
different programs (4 respondents, 11%), and promoting a community spirit (3 respondents,
8%), e.g., "Team Sheeper does a great job balancing the needs of different swim programs, and
fostering a vibrant swim community."
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SENTIMENTS RELATED TO POOL OPERATIONS
Hours of operation/availability of lap swim lanes 19 47%
Friendliness & helpfulness of staff 17 42%
Cleanliness of facility 8 20%
Cleanliness of pool 4 10%
Pricing 3 7%
Safety 2 5%
Ease of payment 2 5%
Breakdown of factors related to pool operations mentioned favorably. Note that lack of mention by a
respondent likely indicates neutrality rather than a negative view.
Most responses to what is working well for swimmers were related to pool operations.
A high number of all respondents, 19 (47%), cited hours of operation/availability of lap swim
lanes as a prime source of satisfaction, e.g., "Always a lane for me at anytime which is the main
interest!" 17 (42%) spoke of the friendliness and helpfulness of staff, for example, "Everyone is
very helpful at the pool and feel like you are welcome with smile evertime."
A significant number of respondents highlighted cleanliness of the facility, 8 respondents (20%),
e.g., "The facility is clean! That is a huge plus."4 respondents (10%) specifically called out
cleanliness of the pool itself, e.g., "Pool is well designed and kept clean."
Three other factors were mentioned favorably by more than one respondent: Pricing (3
respondents, 7%), ".. the prices are completely reasonable and fair," safety (2 respondents,
5%), "PASS has improved the safety of swimmers with its staffing levels," and ease of payment
(2 respondents, 5%), "Easy payment process."
Three factors each received mention by a single respondent:
• "... the check in is efficient,"
• "Shallow lanes kept open for disabled."
• "Pool temperature is top concern of staff."
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DESIRED CHANGES
Add evening hours 9 23%
Improved lane management 4 10%
Better rule enforcement 4 10%
Pool temperature never above 82°F 3 7%
Extend morning hours 2 5%
Fix pace clocks 2 5%
Lower shower temperature in summer 2 5%
Lower prices (at least for residents and seniors) 2 5%
Breakdown of factors related to pool operations mentioned favorably. Note that lack of mention by a
respondent likely indicates neutrality rather than a negative view.
The most common change requested was the addition of evening lap swim hours (9
respondents, 23%), "Evening dedicated lap swim hours to avoid UV rays which are strong in the
early morning thru afternoon 6 months out of the year. " 2 respondents (5%) suggested extended
morning hours to relieve 6-8 am lane congestion, "Open 30 to 60 minutes early in the morning
could reduce over crowded periods between 6-8 am."
4 (10%) respondents asked for improved lane management, having to do with adjusting lane
allocations in response to actual demand, e.g., by the masters swim program, "Also, when the
lap swim lanes are full, Masters lanes should be consolidated." or the open swim program, "Be
flexible with pool assignments: if few kids show up and lap swimmers are three to a lane, feel
comfortable temporarily making more swim lanes out of family swimming that is not being used."
4 (10%) respondents wished for some form of better rule enforcement, mostly related to lane
usage, "Keep family swim members OUT OF THE LAP LANES.," ".. masters swim coaches
need to be more diligent on having masters swimmers exit the pool when the masters session
ends.," "not letting kids in to lap pool during non open swim hours. "
In other specific changes, 3 respondents (7%) commented on pool temperature, intimating (or
stating) that 82°F should be considered maximum rather than median temperature, "Consistent
water temperature of 81°-82°."2 respondents (5%) requested each of fixing the pace clocks,
"Time clocks that can be read from any spot in the pool. There are so many missing lights now
in the 2 existing ones, I have to guess starts., " lowering the temperature of shower water
(particularly in the summer), "lower the temperature of the showers (too hot)," and lowering
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prices (at least for residents and seniors), "Under city management, a packet of 10 swims was
20$. Now my 2 or 3 times a week is much more expensive."
One respondent expressed dissatisfaction with conditions in the changing room: "Changing
room is nasty: Cleanliness is abhorrent (hair in shower, on floor, wet, slippery, swim trunk dryer
is always broken, particularly in the summer)"
Other respondents had specific suggestions for improvements:
• "Offer a multi -swim pass that isn't based on a monthly fee for swimmers who are
regulars but who can't swim enough to justify a monthly pass."
• "... more adult pull buoys please,"
• "Open a few lanes to lap swimming during PASA practice.'
• "It would be nice if swimmers could get to know the lifeguards better. We try not to bother
them as they are so busy, but I would like to know their names. Having photos with
names on them up on the bulletin board inside the entrance would help."
• "Please include signage of how the pool showers work -- specifically the red handle to
turn the water off. Better signage to turn off water when finished with shower instead of
letting the water run."
• "Maybe more modern lockerroom"
• "Install a sauna! (Hey, you asked.)"
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APPENDIX 1: Survey Questionnaire
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2024 Team Sheeper/PASS Cont Results nsion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
I. Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
Mark only one oval.
Yes
CDNo
2. Please tell us why you feel that way. Be as specific as possible.
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We'd like to know how things are working out for you at the pool, and how Rinconada Pool Survey you better.
Results
3. What, if anything, is working particularly well for you at the pool?
4. What, if any, changes would improve your pool experience?
5. Do you have other comments?
This content is neither created nor endorsed by Google.
Google Forms
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APPENDIX 2: Individual Responses
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2024 Team Sheeper/PASS Contract Extension
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
0 No
Please tell us why you feel that way. Be as specific as possible.
Every aspect of the pool management has improved, extended hours, friendly staff, e mail notices of any
schedule changes, POOL TEMPERATURE IS STABLE at 82.
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GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Extended hours compared to the old days. Pool temperature is top concern of staff
What, if any, changes would improve your pool experience?
None
Do you have other comments?
Please do not go back to city management. Just looks at Eagle pool in Mountain View. Short hours
mean you ALWAYS have to share lane and often circle
This content is neither created nor endorsed by Google.
Google Forms
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2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
The pool is run better than ANY public pool in the nearby area.
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Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
The facility is clean! That is a huge plus.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Can't think of a thing! It's truly a superbly run facility.
Do you have other comments?
Renew the contract!!!
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Item 6: Staff Report Pg. 22 Packet Pg. 96 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Best run pool in the area.
Item 6: Staff Report Pg. 23 Packet Pg. 97 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how Results you better.
What, if anything, is working particularly well for you at the pool?
Super clean
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Do you have other comments?
Renew the contract!!
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 24 Packet Pg. 98 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
the monthly fee is OK and the pool seems to operate to plan
Item 6: Staff Report Pg. 25 Packet Pg. 99 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Check in is quick. The life guards are helpful. The regular lap swimmers are great.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Keep family swim members OUT OF THE LAP LANES. They routinely go under the ropes to enter lap
lanes. Life guards could be more helpful directing swimmers to lanes to share by ability and sex. In
general, slow with slow, fast with fast, women with women. Be flexible with pool assignments: if few kids
show up and lap swimmers are three to a lane, feel comfortable temporarily making more swim lanes
out of family swimming that is not being used. There are boys too old to follow their mothers into the
girl's locker room. We should advertise protocol for sharing lane: always ask, do not enter the pool
without authorization, do not dive in over a swimmer already in the lane as that is dangerous. Some of
the very aggressive male swimmers need to share lanes with other very aggressive male swimmers so
they can learn courtesy and safety first hand. Injuries can happen, but when they do, I recommend that
the injuring party receive a temporary suspension of their pool privileges. Can lap swimmers
occasionally have night swimming??? This would be great.
Do you have other comments?
I'm generally very happy with Rinconada. It would be fun to have night lap swimming once in a while.
...............................................................................................................................................................................................................................................................................................................................
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 26 Packet Pg. 100 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
They are doing a good job, things are running smoothly.
Item 6: Staff Report Pg. 27 Packet Pg. 101 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.. you better.
What, if anything, is working particularly well for you at the pool?
I love to be able to swim in this beautiful and clean setting 4x a week
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
lower the temperature of the showers (too hot)
- offer evening lap swim hours
...............................................................................................................................................................................................................................................................................................................................................
Do you have other comments?
No
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Google Forms
Item 6: Staff Report Pg. 28 Packet Pg. 102 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Not really sure what the swim program include -- if this includes youth swim lesson/camps/etc., yes, I
agree.
Item 6: Staff Report Pg. 29 Packet Pg. 103 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
When all equipment is working (pumps/heater/etc.) the pool is a fantastic resource. The staff is friendly
and helpful.
What, if any, changes would improve your pool experience?
During the summer season, more lap swim hours would be appreciated or moving children's lessons into
the children's pool. There also needs to be better watch of parents who allow their younger swimmers to
lap swim alone. There should be guidance for younger swimmers to swim in the shallower lanes. Even if
the child can adequately swim laps, it is uncomfortable to share a deeper water lane with a young
swimmer. Summer guards need to be more aware of the pool deck.
Do you have other comments?
Please include signage of how the pool showers work -- specifically the red handle to turn the water off.
Better signage to turn off water when finished with shower instead of letting the water run. Parents who
bring their young children in to shower need to be mindful of the shower rules. Parents who allow their
children to stand for 10-15 minutes under the water need to be reminded of the recommendation to keep
showers to a limit of 3-5 minute as posted in the locker room.
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Item 6: Staff Report Pg. 30 Packet Pg. 104 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
Great pool access. Great at balancing multiple programs to maximum the use of this facility.
Item 6: Staff Report Pg. 31 Packet Pg. 105 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Easy payment process. Friendly staff. Pool access is outstanding, even when balancing multiple
programs and community needs.
What, if any, changes would improve your pool experience?
Offer a multi -swim pass that isn't based on a monthly fee for swimmers who are regulars but who can't
swim enough to justify a monthly pass.
Also, offer evening hours on weekends for lap swimming.
Do you have other comments?
This content is neither created nor endorsed by Google.
GooglE Forms
Item 6: Staff Report Pg. 32 Packet Pg. 106 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
U Yes
®No
Please tell us why you feel that way. Be as specific as possible.
It is a City pool that receives tax dollars and should not be run by a private company that puts their
agenda first. Tim Sheeper can be manipulative and political in getting his way - including excluding lap
swim hours in the evening as well as offering more lanes for lap swimmers during non -work and non -sun
hours. In addition, daily drop -in fees are so much higher than when it was City run - especially for
masters swimming which charges $20.
Item 6: Staff Report Pg. 33 Packet Pg. 107 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Pool is well designed and kept clean.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Evening dedicated lap swim hours to avoid UV rays which are strong in the early morning thru afternoon
6 months out of the year. The pool could be shut during the height of the afternoon when few people
swim due to both work schedules and sun.
Do you have other comments?
Such a shame that the City cant have more control over Sheeper's scheduling and fees.
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Google Forms
Item 6: Staff Report Pg. 34 Packet Pg. 108 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Seems to be a fair balance of pool usage
Item 6: Staff Report Pg. 35 Packet Pg. 109 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.. you better.
What, if anything, is working particularly well for you at the pool?
Pleasant swim experience and I can sometimes get a whole lane if I time my swim well.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Do you have other comments?
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 36 Packet Pg. 110 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
The pool is managed well, communicated timely, cleanness and pool quality is very good. Everyone is
very helpful at the pool and feel like you are welcome with smile evertime.
Item 6: Staff Report Pg. 37 Packet Pg. 111 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
What, if any, changes would improve your pool experience?
Do you have other comments?
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 38 Packet Pg. 112 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Everything is pretty seamless today. No complaints from me.
Item 6: Staff Report Pg. 39 Packet Pg. 113 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
What, if any, changes would improve your pool experience?
Do you have other comments?
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 40 Packet Pg. 114 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
PASS has improved the safety of swimmers with its staffing levels, it has addressed community spirit
building among swimmers and staff, improved advance communication with swimmers when issues
arise... definitely a work with us perspective!
Item 6: Staff Report Pg. 41 Packet Pg. 115 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
The availability of lanes during times I swim, info about pool temps or breakdown of equipment
What, if any, changes would improve your pool experience?
Time clocks that can be read from any spot in the pool. There are so many missing lights now in the 2
existing ones, I have to guess starts.
...............................................................................................................................................................................................................................................................................................................................................
Do you have other comments?
Rinconada pool has definitely become a much more welcoming, prolem solving pool with PASS
management.
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Item 6: Staff Report Pg. 42 Packet Pg. 116 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
The pool is extremely well managed. Attentive lifeguards. Friendly and helpful staff at the front desk.
Lots of available lap swim time. Lanes are managed. (None of this was true before Team Sweeper.)
..............................................................................................................................................................................................................................................................................................................................................
Item 6: Staff Report Pg. 43 Packet Pg. 117 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.. you better.
What, if anything, is working particularly well for you at the pool?
I can swim laps almost any time of day. If we have to share lanes, the lifeguards actively try to match
similar swimmers in each lane.
What, if any, changes would improve your pool experience?
Open a few lanes to lap swimming during PASA practice.
...............................................................................................................................................................................................................................................................................................................................................
Do you have other comments?
Please DO renew the contract with Team Sweeper - they are GREAT.
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Google Forms
Item 6: Staff Report Pg. 44 Packet Pg. 118 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
I really enjoy lap swimming at Rinconada pool. The current team are friendly, and the facility is clean. It's
a pleasant, pretty placeto swim.
Item 6: Staff Report Pg. 45 Packet Pg. 119 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L..sults you better.
What, if anything, is working particularly well for you at the pool?
I am offered enough lap swim hours to be able to swim 3-4 times per week.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
I wish they still offered some night lap swim hours. I wouldn't go then, but I know a friend who would
appreciate it. During the crowded summer, there are some times when only 5 lap swim lanes are
available. In the winter months, this time period offers 14 lap lanes. Having room for only 10 swimmers
during the times that offer only 5 lap swim lanes usually means that I only use my snorkel and fins since
the other person is swimming freestyle. I don't like having swimmers hit me with their arms while doing
the freestyle or hit me with their arms or legs while they're swimming the breaststroke.
Do you have other comments?
Jerome is a very nice manager.
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Item 6: Staff Report Pg. 46 Packet Pg. 120 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
Great organization, safety and order at lap pool is very good. Quality of water seems to have improved
Item 6: Staff Report Pg. 47 Packet Pg. 121 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Lane assignments, having multiple community member groups using the pool
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Changing room is nasty: Cleanliness is abhorrent (hair in shower, on floor, wet, slippery, swim trunk dryer
is always broken, particularly in the summer), showers: Please, install at least better showers, super hot
in the summer, have at least two temperature regulations, maybe hot/cold, but one isn't enough).
Do you have other comments?
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Google Forms
Item 6: Staff Report Pg. 48 Packet Pg. 122 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
Pool open all day, we'll run has made a huge difference in ability to swim here.
Item 6: Staff Report Pg. 49 Packet Pg. 123 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Hours are great so nice to use the pool
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Do you have other comments?
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 50 Packet Pg. 124 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
Consistent service and hours of operation. Improved communications on circumstances important to lap
swimmers. Friendly staff. Open and responsive to requests for improvements.
..............................................................................................................................................................................................................................................................................................................................................
Item 6: Staff Report Pg. 51 Packet Pg. 125 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Very few unexpected closures. Friendly staff at pool entrance.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Water temperature feels higher than 82 degrees on some days - especially on hot days.
More importantly, masters swim coaches need to be more diligent on having masters swimmers exit the
pool when the masters session ends, especially when a number of lap swimmers are waiting on the pool
deck and are already doubling up in the other lanes. I have witnessed a masters coach deep in
conversation with a masters swimmer and blocking a lane after the masters swim session has ended,
paying no attention to lap swimmers waiting for the lane to empty. Also, some masters swimmers
remain in the water long after the masters session has ended (15 to 20 minutes). This is especially
concerning during the busy summer time and on hotdays.
Do you have other comments?
Still have concerns about transition from masters to lap swimmers as noted above. Also, when the
summer session first started there was dirt and debris at the bottom of the pool, but since then it's been
a lot cleaner. Thanks!
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Item 6: Staff Report Pg. 52 Packet Pg. 126 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
The pool is well managed
Item 6: Staff Report Pg. 53 Packet Pg. 127 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Good staffing, clean,
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Open 30 to 60 minutes early in the morning could reduce over crowded periods between 6-8 am.
Do you have other comments?
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 54 Packet Pg. 128 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
U Yes
®No
Please tell us why you feel that way. Be as specific as possible.
Item 6: Staff Report Pg. 55 Packet Pg. 129 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Shallow lanes kept open fordisabled
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Cleaner changing rooms. Equipment repaired. Life guards paying better attention
Do you have other comments?
Front desk staff paying attention and not letting kids in to lap pool during non open swim hours
...............................................................................................................................................................................................................................................................................................................
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 56 Packet Pg. 130 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Back before Team Sheeper had the pool contract, I wasn't thrilled with the decision to switch from a
public program to one held privately. But in the years since, swimming both at Burgess & Rinconada, I
changed my opinion. My experiences have been consistently positive.
Item 6: Staff Report Pg. 57 Packet Pg. 131 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
What, if any, changes would improve your pool experience?
Do you have other comments?
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 58 Packet Pg. 132 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
I'm not a big fan of Sheeper, but I don't see a plan B. I don't see the city taking it back.
Item 6: Staff Report Pg. 59 Packet Pg. 133 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Longer lap swim hours
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
more lap lanes during the summer days
Do you have other comments?
Still looking for a viable alternative
.......................................................................................................................................................................
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Google Forms
Item 6: Staff Report Pg. 60 Packet Pg. 134 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Item 6: Staff Report Pg. 61 Packet Pg. 135 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
What, if any, changes would improve your pool experience?
Do you have other comments?
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 62 Packet Pg. 136 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
As a Palo Alto resident lap swimmer I find that the pool is well staffed and run and that it has not been
difficult to find a lane at the morning time I usually swim. The staff is cordial and was helpful to me as I
returned after 12 weeks away while recovering from knee joint replacement surgery. The lifeguard kindly
and carefully promptly upon request gave me a ride into the pool on the handicap chair and helped me
out promptly when I completed my walk/swim routine thisweek.
Item 6: Staff Report Pg. 63 Packet Pg. 137 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
The pool seems especially clean this past week.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
It would be nice if swimmers could get to know the lifeguards better. We try not to bother them as they
are so busy, but I would like to know their names. Having photos with names on them up on the bulletin
board inside the entrance would help.
Do you have other comments?
none at this time
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Google Forms
Item 6: Staff Report Pg. 64 Packet Pg. 138 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
®No
Please tell us why you feel that way. Be as specific as possible.
Terrible Management, Terrible CEO, Terrible HR, Terrible Employees, except Marla who left for good
reason andJerome erome and Meena. They do Age discrimination and race and color discrimination and have
violated local, state and national laws.
Item 6: Staff Report Pg. 65 Packet Pg. 139 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Nothing at all. Terrible Management, Terrible CEO, Terrible HR, Terrible Employees specifically Kathy
Miller who colluded with HR in lying about me , except Marla who left for good reason and Jerome and
Meena. They do Age discrimination and race and color discrimination and have violated local, state and
national laws and ADA laws.
What, if any, changes would improve your pool experience?
Stop age discrimination and race and color discrimination and stop violating local, state and national
laws. They must stop violating ADA laws as well.
..............................................................................................................................................................................................................................................................................................................................................
Do you have other comments?
They should refund the monies I paid.
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Google Forms
Item 6: Staff Report Pg. 66 Packet Pg. 140 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Pool is run efficiently and lots of lap swim hours
Item 6: Staff Report Pg. 67 Packet Pg. 141 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
What, if any, changes would improve your pool experience?
Maybe more modern locker room
Do you have other comments?
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 68 Packet Pg. 142 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Tim has been able to provide continual Life -Guard support. The pool is open on time. It is running
smoothly.
Item 6: Staff Report Pg. 69 Packet Pg. 143 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
The pool opening on time! The pool staying open...and the communication when the pool is closed is
very helpful
What, if any, changes would improve your pool experience?
*Evening hours!
*Also, I think the "6-8 AM" swim hours should be reserved for ADULTS ONLY(I 6 years and older). These
are PEAK hours.
*Also, when the lap swim lanes are full, Masters lanes should be consolidated.
...............................................................................................................................................................................................................................................................................................................................................
Do you have other comments?
I am noticing recently the increase in "private" swim lessons in the shallow lanes. I have had to move due
to parents gorking with their own children.
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Google Forms
Item 6: Staff Report Pg. 70 Packet Pg. 144 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
My experience with Team Sheeper is positive.
Item 6: Staff Report Pg. 71 Packet Pg. 145 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Staffs are polite and friendly. They keep us informed about any changes in Pool schedule. The change
room is clean and comfortable. The fees are resonable with city's suppport.
They handle it well during pandemic lock down period. In general, I would like to see they continue their
good service.
What, if any, changes would improve your pool experience?
It would be better if there are more hours for lap swimming later in the day.
Do you have other comments?
No
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Google Forms
Item 6: Staff Report Pg. 72 Packet Pg. 146 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Everything seems to work just fine.
Item 6: Staff Report Pg. 73 Packet Pg. 147 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
What, if any, changes would improve your pool experience?
Evening hours
Do you have other comments?
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 74 Packet Pg. 148 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
Super happy w service and overall pool experience. They are doing a fantastic job- no complaints.
Item 6: Staff Report Pg. 75 Packet Pg. 149 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
It's clean and a friendly place to swim. Great space and locker rooms. Great communication.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
I would love if it opened earlier- 5 or 530.
Do you have other comments?
No
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Google Forms
Item 6: Staff Report Pg. 76 Packet Pg. 150 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
Friendly staff, everything works well, the reaction to and organization during Covid was excellent
Item 6: Staff Report Pg. 77 Packet Pg. 151 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Its all good as far as I am concerned
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Do you have other comments?
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 78 Packet Pg. 152 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
They are always very proactive. For Covid they were quick to put a schedule into place which saved my
mental health ! Always trying to improve and to connect members of Rinconada
..............................................................................................................................................................................................................................................................................................................................................
Item 6: Staff Report Pg. 79 Packet Pg. 153 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
Always a lane for me at anytime which is the main interest! Very nice people
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Do you have other comments?
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 80 Packet Pg. 154 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
I don't think there are any other options.
Item 6: Staff Report Pg. 81 Packet Pg. 155 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.. you better.
What, if anything, is working particularly well for you at the pool?
Staff is reliable about showing up on time.
What, if any, changes would improve your pool experience?
Under city management, a packet of I 0 swims was 20$. Now my 2 or 3 times a week is much more
expensive.
...............................................................................................................................................................................................................................................................................................................................................
Do you have other comments?
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Google Forms
Item 6: Staff Report Pg. 82 Packet Pg. 156 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
There has been ample lap swimming time available the majority of the year ( with the exception of the
summer with all the rec. swim and camps ) , pool is run smoothly. Seems the initial worries about less
time available for lap swimming is not a problem overall.
Item 6: Staff Report Pg. 83 Packet Pg. 157 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
As above, the lap swimming availability.
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
Possibly lower costs for residents and seniors.
Do you have other comments?
interested in more adult pull buoys please, thanks
.......................................................................................................................................................................
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Item 6: Staff Report Pg. 84 Packet Pg. 158 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Team Sheeper does a much better job than the city in managing the pool. They are able to hire full time
employees with benefits which attracts more long term employees. The city used to restrict guards to
under 1,000 hours per year to avoid the city's expensive benefit packages. Having full time year round
staff that know the community makes a better experience for all.
Item 6: Staff Report Pg. 85 Packet Pg. 159 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.. you better.
What, if anything, is working particularly well for you at the pool?
I love the hours from early morning to evening everyday making it convenient to fit swimming in my
schedule.
What, if any, changes would improve your pool experience?
I'm happy with the status quo
...............................................................................................................................................................................................................................................................................................................................................
Do you have other comments?
Keep Team Sheeper!
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Google Forms
Item 6: Staff Report Pg. 86 Packet Pg. 160 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
They are fine and I'm not certain there is a better option
Item 6: Staff Report Pg. 87 Packet Pg. 161 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
What, if any, changes would improve your pool experience?
Do you have other comments?
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 88 Packet Pg. 162 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
U Yes
®No
Please tell us why you feel that way. Be as specific as possible.
Dislike privatizing public services. Was better when city ran it.
Item 6: Staff Report Pg. 89 Packet Pg. 163 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
What, if any, changes would improve your pool experience?
Better enforcement of rules.
Do you have other comments?
Why is a for-profit company running a city service?
.......................................................................................................................................................................
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 90 Packet Pg. 164 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Please tell us why you feel that way. Be as specific as possible.
They've done a great job with managing Rinconada --- operations, communications, etc.
Item 6: Staff Report Pg. 91 Packet Pg. 165 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how Results you better.
What, if anything, is working particularly well for you at the pool?
hours and lane swimming availability most of the year
...............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
better lifeguard training in summer when pal swimmers share the pool with recreational swimmers
Do you have other comments?
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Google Forms
Item 6: Staff Report Pg. 92 Packet Pg. 166 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
On time. Helpful. Friendly.
Item 6: Staff Report Pg. 93 Packet Pg. 167 of 377
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and
What, if anything, is working particularly well for you at the pool?
Staff. Locker rooms/showers.
What, if any, changes would improve your pool experience?
Consistent water temperature of 8 I O-82°
Do you have other comments?
Item 6
Attachment A - Friends of
Rinconada Pool Survey
how L.Results you better.
This content is neither created nor endorsed by Google.
Google Forms
Item 6: Staff Report Pg. 94 Packet Pg. 168 of 377
Item 6
Attachment A- Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results li
Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
OYes
Please tell us why you feel that way. Be as specific as possible.
Things are working well. There are enough lanes and hours available for lap swimmers, the check in is
efficient, and the staff is helpful and friendly.
Item 6: Staff Report Pg. 95 Packet Pg. 169 of 377
Item 6
Attachment A - Friends of
GENERAL FEEDBACK Rinconada Pool Survey
We'd like to know how things are working out for you at the pool, and how L.sults you better.
What, if anything, is working particularly well for you at the pool?
See above answer.
What, if any, changes would improve your pool experience?
The camps in the summer use several lap swimming lanes. Recommend that the lifeguards don't clear
the pool, until the camp kids are ready to get into the water. Yesterday morning, we were asked to get out
at least 15 minutes prior to when the kids were ready to jump into the water. There should be better
communication between the guards and the camp personnel to be able to pick a time that is closer to
when the pool is actuallyneeded.
Do you have other comments?
Recommend you extend Sheeper's contract.
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Google Forms
Item 6: Staff Report Pg. 96 Packet Pg. 170 of 377
Item 6
Attachment A - Friends of
Rinconada Pool Survey
2024 Team Sheeper/PASS Contra Results Sion
Survey
The contract with Team Sheeper/Palo Alto Swim Sport (PASS) to operate Rinconada swim programs
expires at the end of this year. Friends of Rinconada Pool (FoRP) is gathering lap swimmer opinions to
ensure they are represented in the City's decision about extending the contract. FoRP is independent of
both Team Sheeper/PASS and the City of Palo Alto, and will convey all viewpoints fairly.
In addition to offering input on the contract extension, the survey offers you an opportunity to provide
other feedback to FoRP.
The survey should take less than two minutes to complete.
Learn more about Friends of Rinconda Pool: https://sites.google.com/view/friendsofrinconadapool
CONTRACT EXTENSION
Are you in favor of the City extending the contract with Team Sheeper/Palo Alto Swim &
Sport (PASS) to operate Rinconada Pool swim programs?
O Yes
Item 6: Staff Report Pg. 97 Packet Pg. 171 of 377
Item 6
Attachment A - Friends of
Please tell us why you feel that way. Be as specific as possible. Rinconada Pool Survey
Results
The pool is extremely well -managed: There is a friendly and welcoming atmosphere, the prices are
completely reasonable and fair, and the fact that I can swim almost anytime I want is incredible! Team
Sheeper does a great job balancing the needs of different swim programs, and fostering a vibrant swim
community.
I am extremely impressed with how well Camp Rinconada is run: Both campers and counselors look
happy, excited and relaxed, and the kids are carefully supervised and have never interfered with my
enjoyment of the pool. I love seeing the nurturing of the next generation of swimmers, and ensuring a
future supply of lifeguards!
GENERAL FEEDBACK
We'd like to know how things are working out for you at the pool, and how FoRP might serve you better.
What, if anything, is working particularly well for you at the pool?
The hours it is open, having a monthly subscription, the sense of an open, lively and friendly community.
..............................................................................................................................................................................................................................................................................................................................................
What, if any, changes would improve your pool experience?
I. Reduce the water temperature! (82 is borderline tolerable.) 2. Fix the pace clocks, already! 3. Install a
sauna! (Hey, you asked.)
Do you have other comments?
Thanks to Team Sheeper and Friends of Rinconada Pool for helping to create a great pool community!
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Item 6: Staff Report Pg. 98 Packet Pg. 172 of 377
Docusign Envelope ID: 386211 AE-B829-4A00-8733-E0E5BCBEEB70
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
AMENDMENT NO. 2 TO CONTRACT NO. C19173035 Amendment Number 2
BETWEEN THE CITY OF PALO ALTO AND
TEAM SHEEPER INC.
This Amendment No. 2 (this "Amendment") to Contract No. C19173035 (the "Contract"
as defined below) is entered into as of October 21, 2024, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation ("CITY"), and TEAM SHEEPER INC., a California
Corporation, located at 501 Laurel Street, Menlo Park, Ca 94025 ("CONTRACTOR"). CITY and
CONTRACTOR are referred to collectively as the "Parties" in this Amendment.
RFrITAI c
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of providing aquatic services for the City of Palo Alto offered at
Rinconada Pool, as detailed therein.
B. The Parties now wish to amend the Contract in order to (1) exercise renewal
option of five years by extending the contract term end date from December 31, 2024 to
December 31, 2029; (2) update scope of work; (3) update schedule of performance; (4) update
payment plan; and (5) update pricing, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term "Contract" shall mean Contract No. C19173035
between CONSULTANT and CITY, dated November 26, 2018 as amended
by:
Amendment No.1, dated March 6, 2023
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 3 entitled "TERM" of the Contract is hereby amended to read as
follows:
The term of this Agreement is from January 1, 2019 to December 31, 2029 inclusive, subject to
the provisions of Sections Q and V of the General Terms and Conditions.
Vers.: Aug. 5, 2019
Page 1 of 19
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Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
SECTION 3. The following exhibit(s) to the Contract is/are hereby a Amendment Number as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are
hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit "A" entitled "SCOPE OF SERVICES, AMENDMENT NO. 2",
AMENDED, REPLACES PREVIOUS.
b. Exhibit "B" entitled "SCEHDULE OF PERFORMANCE, AMENDMENT NO. 2",
AMENDED, REPLACES PREVIOUS.
c. Exhibit "C" entitled "PAYMENT PLAN, AMENDMENT NO.2", AMENDED,
REPLACES PREVIOUS.
D. Exhibit "C-1" entitled "INITIAL PRICING, AMENDMENT NO.2", AMENDED,
REPLACES PREVIOUS.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
Vers.: Aug. 5, 2019
Page 2 of 19
Item 6: Staff Report Pg. 100 Packet Pg. 174 of 377
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
SIGNATURES OF THE PARTIES Amendment Number 2
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
TEAM SHEEPER INC.
Officer 1
By: DocuSigned by:
09FDB 12D95194EC...
Name: Tim Sheeper
Title: CEO
Officer 2
By:DocuSigned by:
raVD� R Wbl
E705461 D26A64A4...
Name: Carole Hayworth
Title: CFO
Attachments:
Exhibit "A" entitled "SCOPE OF SERVICES, AMENDMENT NO. 2", AMENDED, REPLACES
PREVIOUS.
Exhibit "B" entitled "SCEHDULE OF PERFORMANCE, AMENDMENT NO. 2", AMENDED, REPLACES
PREVIOUS.
Exhibit "C" entitled "PAYMENT PLAN, AMENDMENT NO.2", AMENDED, REPLACES PREVIOUS.
Exhibit "C-1" entitled "INITIAL PRICING, AMENDMENT NO.2", AMENDED, REPLACES PREVIOUS.
Vers.: Aug. 5, 2019
Page 3 of 19
Item 6: Staff Report Pg. 101 Packet Pg. 175 of 377
Docusign Envelope ID: 386211 AE-B829-4A00-8733-E0E5BCBEEB70
*:C111.11r_1
SCOPE OF SERVICES, AMENDMENT NO. 2
AMENDED REPLACES PREVIOUS
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
CONTRACTOR agrees to provide aquatics services for the City of Palo Alto offered at Rinconada
Pool, 777 Embarcadero Road, Palo Alto, CA 94301 and other pools in Palo Alto.
General Standards For CONTRACTOR
a. Provide Quality Services
i. Conduct the programs in a safe manner
ii. Not allow participants to be in the pool without at least two Certified
Lifeguards present on the pool deck and providing supervision. Contractor
shall provide these lifeguards for all programs it offers under this
Agreement.
iii. Swim Instructors and Certified Lifeguards are:
1. Knowledgeable and experienced in the subject and age group being
taught based on the specific training program for lifeguards and
swim instructors
2. Reliable and punctual
3. Start and end lessons on time
4. Organized and prepared to teach at the start of each lesson
iv. Program Evaluations
1. At least annually, evaluations will be distributed to participants
from all pool programs. CONTRACTOR will communicate with
participants the importance of completing the evaluation.
CONTRACTOR will provide responses to CITY staff.
v. Process all registrations for aquatics programming
b. Provide Excellent Customer Service
i. Build rapport with customers by greeting all participants and parents and
create a welcoming and professional atmosphere
ii. Address customer and City staff questions and concerns within 24 hours
and provide follow-up if needed
iii. Maintain a high quality website with up-to-date accurate information
c. Maintain Quality Instructors and Employees
i. Conduct comprehensive backgrounding reviews for all employees
ii. Appear at the pool wearing appropriate attire that is clean, presentable
and clearly identified as Palo Alto Aquatics staff
iii. Swim instructors and Certified Lifeguards will not use cell phones during
work shifts i.e., while on the pool deck and in front of customers, except in
an emergency
iv. Provide consistency with quality standards for all instructors and
employees
Vers.: Aug. 5, 2019
Page 4 of 19
Item 6: Staff Report Pg. 102 Packet Pg. 176 of 377
Docusign Envelope ID: 386211 AE-B829-4A00-8733-E0E5BCBEEB70
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
d. Manage Administrative Tasks Amendment Number 2
i.
CONTRACTOR shall provide its own cash registers, computers, and other
equipment necessary to process and record payments, registrations,
schedules, and other administrative functions.
ii.
Maintain Proactive and Consistent Communication with CITYstaff
iii.
Communicate problems and issues immediately with the City of Palo Alto
Project Manager via phone, email or in person.
iv.
Inform City staff of participant injuries and complete necessary accident
reports within 24 hours. Accident forms should be available on site.
v.
Respond in a timely manner to emails and phone calls within 24 hours.
vi.
Establish and maintain working relationships with City staff and customers
vii.
Monitor condition of facility and all equipment in and around the facility.
CONTRACTOR shall proactively report maintenance issues/concerns to
Project Manager at least weekly and shall assist with projects requiring
coordination between CONTRACTOR and citystaff.
viii.
Maintain an up-to-date comprehensive Aquatics Manual with Policies and
Procedures at pool site at all times. The manual shall include, but not be
limited to the following information:
1. safe work habits
2. safe use of chemicals
3. how to use MSDS sheets
4. safe use of equipment
5. proper use of cautions signs, barriers, or other devices
6. proper handling of hazardous materials, biological waste, and
blood -borne pathogens
ix.
Responsible for including policies and procedures with regard to detailed
safetyplan, swim lessons and pool deck entry that Project Manager agrees
to (i.e. waiting lists, cancellation, refund, satisfaction, etc.)
x.
Instructors are responsible for verifying that only registered participants
are permitted to participate in programs.
xi.
Ensure only swim staff use the pool office.
xii.
Utilize best practices and relevant legal requirements to create and
enforce pool rules, which shall be kept on site, reviewed and updated
annually, and observed by all staff.
xiii.
CONTRACTOR shall be first responder to all biological contaminants in the
pool includingvomit and urine. This entails removing solid material from
the pool and pouring chemicals in per Council codes. City staff will make
adjustments to chemicals through the automated chemical monitoring
system. City staff shall take over care of water chemistry after initial
treatment to ensure safety of water per state and county guidelines.
xiv.
Provide an annual report no later than 45 days after the end of each year
during the Contract Term to staff which will be presented to the CITY'S
Parks & Recreation Commission for review and comment by the
Vers.: Aug. 5, 2019
Page 5 of 19
Item 6: Staff Report Pg. 103 Packet Pg. 177 of 377
Docusign Envelope ID: 386211 AE-B829-4A00-8733-E0E5BCBEEB70
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Commission. The annual report should include the f AmendmentNumber2
1. Total program hours by program area
2. Participation statistics by program area including resident and
non-resident percentages
3. Customer satisfaction survey results
4. User group feedback by program area or rental
5. Gross revenues and revenue shares between CONTRACTOR and
the CITY
6. Risk management documentation
7. Training certifications listed by staff members
e. CONTRACTOR shall provide the following maintenance services
i. Keep facility neat throughout the day by putting away all equipment from
pool deck, empty trash cans, pick up trash from pool deck, remove and
replace pool covers on appropriate reels after each use
1. Contractor shall ensure that items/equipment necessary to
maintain near the pool shall be kept in ways that maximize their
expected life and minimize clutter on the pool deck
2. CONTRACTOR shall close the pool for one week each December for
City staff to performance facility maintenance. City staff and the
CONTRACTOR shall come to mutual agreement on the schedule at
least 30 days in advance.
ii. Maintain cleanliness of pools, locker rooms, lobby and office space during
facility operational hours, including:
1. Light sweeping of pool deck and indoor spaces
2. Spot mopping and cleaning locker rooms
3. Take out trash at end of day and during sessions as needed
4. Pick up trash from pool deck
5. Light cleaning of lobby and other indoor space
f. CONTRACTOR shall utilize all offices, storage spaces, locker rooms and other
indoor spaces within the Rinconada Pool complex in their optimal capacity. For
example, items that are rarely used, shall not be stored in spaces that could house
campers for indoor activities or snack bar areas.
g. CONTRACTOR shall maintain inventory of badges, keys and other small equipment
issued by the City and shall alert the City within 24 hours of missing items.
II. Specific Programs to be Staffed and Run by CONTRACTOR
a. CONTRACTOR shall provide discounted pricing for all programs to Palo Alto
residents programs as agreed to in Exhibit C-1 "Initial Pricing." "City of Palo Alto
residents" as used in this Contract are only those people who can prove residence
in the City of Palo Alto by showing a valid state -issued identification with an
address in the City; or a utility bill from the City of Palo Alto; or in the case of
students, a current identification card from a Palo Alto Unified School District
school. CONTRACTOR shall be responsible for verifying residency.
i. CONTRACTOR shall ensure that low income Palo Alto residents are
Vers.: Aug. 5, 2019
Page 6 of 19
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Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
referred to the 501(c) Beyond Barriers to help provi AmendmentNumber2 cial
aid discounted pricing for youth swim lessons to low income Palo Alto
residents.
ii. CONTRACTOR shall offer senior discounted pricing for Palo Alto resident
adults age 60 or older for open swim, lap swim, and masters swim.
b. CONTRACTOR shall staff and run swim lessons and swim camps for various ages
(including children) and skill levels. CONTRACTOR shall adhere to the following
standards:
i. CONTRACTOR shall offer a minimum of at least the following: swim lessons
6 days per week during summer and shall aim to offer at least 10,000 30
minute lessons peryear.
ii. CONTRACTOR shall offer a minimum of 8 weeks of swim camps per year
that can enroll a minimum of 30 children per week.
iii. At the end of each lesson and camp session the CONTRACTOR will monitor
and ensure participants are picked up by an authorized adult.
c. CONTRACTOR shall staff and run Open/Recreational and Lap Swim programs.
i. CONTRACTOR shall provide a minimum of 500 open swim lane hours
during the summer season and 100 open swim lane hours during non -
summer seasons (Spring and Fall).
ii. CONTRACTOR shall provide a minimum of 500 lane hours/week for lap
swim lane hours during the summer season and 400 lane hours/week lap
swim lane hours during non -summer seasons.
d. Accept fees for service from pool users using the CONTRACTOR's point -of -sale
system.
e. CONTRACTOR shall staff and run or subcontract for an adult masters swim team
and a youth swim team.
i. CONTRACTOR shall aim to maintain a minimum of 75 monthly master swim
team members and a minimum of 200 monthly youth swim team
members.
ii. CONTRACTOR to provide a minimum of 200 lane hours / week for the
youth swim team.
iii. CONTRACTOR to provide a minimum of 49 lane hours / week for the adult
masters swim team
f. CONTRACTOR shall offer pool parties and additional aquatics programming such
as aqua- aerobics, diving classes/teams, water polo, personal training in the water,
special events, and/or fitness activities using both water and park features (boot
camps, etc.)
g. CONTRACTOR shall provide access to open swim at least 200 hours per summer
for CITY -affiliated summer camps in exchange for CONTRACTOR -run summer
camps' use of Rinconada Park and other City cultural facilities.
h. CONTRACTOR is authorized to sell a limited amount of convenience food and
other merchandise to customers at the pool should CONTRACTOR so desire.
i. CONTRACTOR and CITY shall mutually set pool schedule and prices for aquatics
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
programming. The initial pricing structure can be f AmendmentNumber2 C
Compensation and pool schedule can be found in Exhibit B.
III. City's Responsibilities
a. CITY shall provide clean and safe facility.
i. CITY staff will maintain chemical room, provide daily aquatics
inspections/maintenance and oversee facility management
ii. CITY is responsible for the costs of maintaining the pool and facilities,
including heating and utility costs, maintenance and repair, (other than
those general items listed in CONTRACTOR's responsibilities), pool
chemical costs, and labor costs associated with these items. Additionally,
CITY shall provide some general supplies, such as locker room soap and
toilet paper sufficient for average daily use.
iii. CITY shall make repairs to facility when needed and shall maintain
chemicalsfor all pools.
iv. City shall maintain the primary responsibility over pool vacuuming and
cleaning debris from trees on pool deck, including landscaping of trees,
grass and brush.
v. CITY shall provide badges, keys and other small equipment.
vi. CITY shall provide access to a phone line and internet access at Rinconada
Pool
vii. CITY shall provide quarterly walk through safety inspections and trainings
b. CITY shall develop and maintain proactive and consistent communication and
rapport with CONTRACTOR
i. Respond in a timely manner to emails and phone calls
ii. Communicate and resolve issues and concerns immediately
iii. CITY shall provide excellent customer service to CONTRACTOR staff and
customers
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
PROGRAM DESCRIPTIONS
The following program descriptions may be implemented according to the terms of this Scope
of Work and may be changed by CONTRACTOR after consultation with CITY.
Swim Lessons
Levels
Water Babies 1 (6-18 mos) This class will introduce your child to the water and aims to help your
child gain comfort while swimming with a caretaker. The class will sing songs and play games
while teaching back floats, kicks, submerging underwater, and how to safely swim to the wall and
climb out. The max student -to -teacher ratio is 6:1, with a minimum age of 6 months and a
maximum age of 18 months. Your child must be 6 months old by your first lesson to attend.
Duration: 30 minutes. Goal: Water comfort and swimming with a caretaker. Class ratio: 6:1. 1
caretaker per child
Water Babies 2 (1.5-3 yrs old) This class will introduce your child to the water and aims to help
your child gain comfort while swimming with a caretaker. As students get closer to 3 years old,
we will begin to prepare them for Level 1. The class will teach students to blow bubbles, back
float, equipment -assisted and no assisted tummy kicks, back kicks, submerging underwater, and
how to safely swim to the wall and climb out. The max student -to -teacher ratio is 6:1, with a
minimum age of 1.5 years and a maximum of 3 years old. Your child must be 1.5 years old by your
first lesson or turning 1.5 years old within your session to attend. Duration: 30 minutes. Goal:
Water comfort, swimming with a caretaker and preparing for youth swim lessons! Class Ratio:
6:1. 1 caretaker per child
Level 1 -Little Kids (Beginners 3-4.11 yrs old) No experience needed! This beginner class focuses
on your child's water confidence while developing their comfort and basic water safety skills
without a parent in the water. This class will teach fundamental swim skills such as submerging
underwater, front and back floats, and kicking on their front and back side for a short distance.
We will also teach students how to recover after jumping/falling into the water. Your child must
be turning 3 years old within your session to attend. Age Requirement: 3 yo — 4.11 yo. Duration:
30 minutes. Goal: Water comfort and swimming with an instructor. Class Ratio: 3:1
Level 1 -Big Kids (Beginners 5+ yrs old) No experience needed! This beginner class focuses on your
child's water confidence while developing their comfort and basic water safety skills without a
parent in the water. This class continues teaching fundamental swim skills learned from Level 1:
Little Kids such as submerging underwater and floating. We will work on independent swimming
at a longer distance, breathing techniques, and water safety skills such as knowing what to do if
we fall in the pool! Entry Requirement: 5+ years old OR completion of Level 1: Little Kids.
Duration: 30 minutes. Goal: Independently swim 20ft with streamline kicks, back kicks and roll-
over breaths. Class Ratio: 3:1
Level 2- This intermediate class is taught in the deep end of our pool (6.5 ft). Swimmers must
pass Level 1: Big Kids or must be able to swim in the deep end on their front, back, and roll-over
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
to breathe for 12.5 yards unassisted. Swimmers will be introduced to Free Amendment Number2 and
treading water for 15 seconds while continuing to develop their comfort and water safety skills.
Entry Requirement: Can independently swim 20 ft with streamline kicks, back kicks, and roll-over
breaths, and is comfortable swimming in 6.5 ft deep water. Duration: 30 minutes. Goal:
Independent freestyle with roll-over breaths and Backstroke for 12.5 yds. Class Ratio: 3:1
Level 3- This class uses Freestyle and Backstroke learned in Level 2 to swim 25 yards
independently. Swimmers must pass Level 2 or be able to swim Freestyle and Backstroke for half
the pool length (12.5 yards) independently. As class progresses, we will build endurance to swim
25 yards. Students will additionally be introduced to Breaststroke kicks and treading water for 30
seconds. Entry Requirement: Can independently swim Freestyle with roll-over breaths and
Backstroke for 12.5 yards. Duration: 30 minutes. Goal: Freestyle with side -breathing, Backstroke,
and Breaststroke kicks for 25 yards. Class Ratio: 4:1
Level 4- Swimmers will review Freestyle, Backstroke, and the introductory Breaststroke kick, and
continue overall efficiency within the strokes for 25 yards. They will learn Breaststroke with
proper breathing technique, dolphin kicks for Butterfly, somersaults to prepare for flip -turns, and
treading water for 1 minute. Through hands-on instruction, swimmers develop proper body
position, breathing, and rhythm. This is the final level in swim school and swimmers who pass
this level will be eligible for the Bridge Youth Team: Beginner Group. Entry Requirement:
Freestyle with side -breathing, Backstroke, and Breaststroke kicks for 25 yards. Duration: 30
minutes. Goal: Freestyle, Backstroke, Breaststroke, and Butterfly for 50 yards. Class Ratio: 4:1
Swim Camp
Whetherjust learning to swim or developing strokes, your child receives a daily, 45 -minute, level -
appropriate lesson from a trained Swim School instructor (ratio 4:1). A child's swim level is
assessed on the first day of camp, and campers with similar abilities are grouped together. More
advanced swimmers also get a workout -style swim session in a 25 -yard format to practice what
they have learned. Daily hands-on lessons in small focused groups invariably lead to rapid
advancement in a child's swim skills.
In addition to swim instruction, campers have daily swim -related workouts, free swim time for
land and camp games, crafts, and lunch. Your child should come home healthy -tired but able to
have loads of fun the entire week!
Sample Daily Activities
8:45 Camper check -in
9:00 Camp games, settle in for Director Address
9:30 Group A: Swim lesson, Group B: Land games for swim strength and conditioning followed
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
by a healthy snack Amendment Number 2
10:15 Group A: Healthy snack followed by land games for swim strength and conditioning.
Group B: Swim lesson plus, for more advanced swimmers, a swim work-out
11:00 Transition out of pool (sunscreen!)
11:15 Lunch from home enjoyed on the benches or picnic -style on the grass
11:45 Camper choice: land games, crafts, relax with friends
12:45 Transition to free swim
1:00 Free swim
1:50 Get ready for pick-up or transfer to extended care
Is This Camp for You?
For ages 5 to 12 years (on the first day of camp)
For campers who HAVE COMPLETED kindergarten
Camp is for kids who are comfortable in the water, enjoy social group situations, and respond
well to instruction
Ideal before any family vacation that includes water activities!
Pre -K Camp
Palo Alto Swim and Sport offers Pre -K Aquatics camp for kids age 4.5-6!
For our little ones, Camp Palo Alto provides fun, instruction, and encouragement in a safe,
friendly environment. Each camper receives a daily 45 -minute swim lesson from a Palo Alto
Swim School instructor, plus has time for land games, crafts and a light lunch. They'll enjoy
community and team fun while developing a love of water and swim skills. Your child should
come home healthy -tired but not destroyed for the rest of the day!
When you check out each day, stick around to enjoy Open Swim with your child. Spending time
in the pool together reinforces what they've learned and improves their feel for the water. Open
Swim starts at noon!
Sample Daily Schedule
8:45 Check -in
9:00 Welcome and games
9:45 Crafts and snack
10:45 Fun stretching
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11:00 Swim lesson
11:45 Dry off, get ready for lunch
12:00 Lunch time with friends and counselors
12:30 Story time
1:00 Free swim in Baby Pool or play games
1:50 Pick up or transfer to extended care
For ages 4.5 to 6 years (on the first day of camp)
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
For campers who have NOT COMPLETED kindergarten, or who need extra assistance
Campers are toilet trained and can manage the toilet independently 4:1 child -to -adult ratio both
during swim lessons and with counselors on land Ideal before any family vacation that includes
water activities!
Morning Extended Camp
We are pleased to offer early Extended Camp from 8:00 to 8:45 a.m., so you can drop off your
kids and be on your way! You can be sure that check -in will be fast and your child will receive
great care for a happy start to the day!
Afternoon Extended Camp
Extended camp is just the ticket for your child to rest and re -energize, play social games, read,
advance some new skills or listen to music! Tried and true, our counselors provide a safe and
lively afternoon of new and varied activities, full of opportunities for the campers to mix and
mingle or have some quiet time; build and create; or have fun with more sports! The kids won't
miss a beat, as they seamlessly transition to the afternoon segment of their day of excitement.
Pool Parties
Have a birthday party or special event at the pool! Reserve two hours of fun for your family and
friends! Party includes: Swim admission for 12 kids and 4 adult chaperones (over age 18), 2 large
picnic tables reserved for your group
Masters Swim
We welcome swimmers of all abilities, age 18 and up, who are interested in regular structured
workouts. Previous experience in competitive swimming is not necessary. Masters swimmers
include beginners, triathletes, former collegiate athletes, nationally ranked competitors and
everything in between — all ages, shapes, and sizes. Every workout is different and you'll learn
something each and every time. Along with ongoing conditioning at workouts, the team provides
stroke instruction, intra-club activities, competitions, and social events throughout the year. We
focus on developing swimming skills, enhancing the enjoyment of swimming through regular
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
workouts and professional instruction, and the promotion of lifetime fitne AmendmentNumber2 ing.
Youth Swim Team
Year round competitive swim team offering high quality professional coaching and technique
instruction for all ages and abilities. The goal is to provide every member an opportunity to
improve swimming skills and achieve success at his or her level of ability, from novice to
international competitor. We are constantly growing and training young swimmers to maintain
a well-rounded competitive swim team.
Lap Swim
Lanes are dedicated to lap swimming in the deep pool at Rinconada seven days per week year
round. Two lifeguards are on duty at all times. We observe circle swimming when there are more
than two swimmers per lane. The number of lanes for Lap Swimming varies according to
scheduled activities in each pool, but during the times below, you will find designated lap lanes.
Look for the yellow cones on deck. If you are registered to pay for laps monthly, you can come to
Recreation Swim any time. Choose to swim laps or play with your kids —your time in the pool is
already paid for. Even drop -in fees are good all day for both Laps and Open/Recreation Swim.
Open/Recreation Swim
Lifeguards are on duty at all times during open swim. No registration required, just drop in (or
use a pass) to play in the round pool and deep pool; many open swim sessions include use of the
diving boards. Children 5 years and younger must have a parent/guardian (16+) in the pool,
within arm's reach at all times. Children 6 —12 years must have a parent/guardian (16+) on the
pool deck supervising them, unless they are attending a registered class or program.
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EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2
AMENDED REPLACES PREVIOUS
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Program
Aquatics Seasons Offered
Swim lessons
Spring, Summer, Fall and optional Winter
Swim camps
Summer
Lap swim
Spring, Summer, Fall, and Winter (all seasons)
Open/Recreational swim
Spring, Summer, Fall and optional Winter
Masters Swim
Spring, Summer, Fall, and Winter (all seasons)
Youth Swim Team
Spring, Summer, Fall, and Winter (all seasons)
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
PROPOSED SCHEDULE Amendment Number 2
Palo Alto Swim & Sport
Rinconada Pool Schedule: School Year
Lap Pool
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
SUNDAY
Masters
Laps
Masters
laps
asters Laps
stern
Laps
Masters
Laps
Laps
Laps
6-7AM
4
4
(7)
(7)
(7)
(7)
(7) (7)
(7)
(7)
(7)
(7)
(14)
(14)
7 -SAM
Masters
Laps
Masters
Laps
ters Laps
Maste
Laps
Master
Laps
Laps
Laps
7)
(7)
(7)
(7)
7) (7)
(7
(7)
(7)
(7)
(14)
(14)
J
Laps
Laps
Laps
Laps
Laps
Laps
Masters
Laps
8-8:30 AM
(14)
(14)
(14)
(14)
(14)
(14)
(30)
(4)
Laps
Laps
Laps
Laps
Laps
Laps
Masters
Laps
8:30 -9 AM
IT
(3)
RI (13)
(14)
(14)
(14)
(14)
(10)
(4)
Laps
Laps
Laps
s. Laps
9-9:30 AM
Laps
PASA
Masters
Laps
111
(13)
RI (13)
(14)
(14)
(14)
(14)
(10)
(4)
930 -10 AM
v
Laps
5. Laps
Laps
Laps
Laps
PASA
Laps
RI
(13)
RI (13)
(14)
(14)
(14)
(14)
(14)
s.
Laps
Laps
Laps
Laps
Laps
PASA
Laps
10-10:30 AM
IT
(13)
nl (13)
(14)
(14)
(14)
(14)
(14)
10:30 -11 AM
Laps
Laps
Laps
Laps
Laps
PASA
Laps
(14)
(14)
(14)
(14)
(14)
(14)
(14)
Laps
Laps
Laps
Laps
Laps
PASA
Laps
11 AM -12 PM
(14)
(14)
(14)
(14)
(14)
(14)
(14)
Laps
Laps
Laps
Masters
Laps
Laps
PASA
Laps
17- 1z:3o PM
(14)
(7)
(14)
(7)
(7)
(14)
(14)
(14)
1230 -1 PM
Laps
Laps
Laps
Masters
Laps
Laps
Laps
Laps
(14)
(7)
(14)
)
(7)
(14)
(14)
(14)
Laps
Laps
Laps
Laps
Laps
Laps
Laps
1-2 PM
(14)
(14)
(14)
(14)
(14)
(14)
(14)
Laps
Laps
Laps Laps
Laps Laps
Laps
2-3 PM
(14)
(14)
(14)
(14)
(14)
(14)
(14)
Laps
Laps
Laps
Laps
Laps
Laps
Laps
3-4 PM
(14)
(14)
(14)
(14)
(14)
(14)
(14)
PASA
PASA
4-5 PM
(14)
(14)
(14)
ASA
PASA PASA
PASA
5-6 PM
(14)
(14)
(14)
(14)
PASA
PASA
PASA
PASA
6-7 PM
(14)
(14)
(14)
PASA
PASA
PASA
7-0 PM
This schedule may be modified by CONTRACTOR after consultation with CITY.
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
PAYMENT PLAN, AMENDMENT NO. 2
AMENDED REPLACES PREVIOUS
Revenue Sharing
CONTRACTOR will collect revenue from customers for all programs they provide under this
agreement and any Rinconada Pool subcontracts they hold subject to the prices listed in this
agreement.
For the purposes of the revenue share, CONTRACTOR shall maintain an annual profit and loss
statement ("Statement") during the Term and any Extended Term of this Agreement.
CONTRACTOR will pay gross revenues of as much as 12% of all revenues collected from all
programs provided on behalf of the City of Palo Alto with the CITY based upon the following table:
Percent of all gross revenue
from
all programs under this
Annual Total Revenue
contract
Dollars
owed to City
up to $1.75 million
1%
$1,750,001 to $2,250,000
2%
$2,250,001 to $2,750,000
3%
$2,750,001 to $3,250,000
4%
$3,250,001 to $3,750,000
5%
$3,750,001 to $4,250,000
6%
For each additional $500,000
in revenue, the gross
revenue percentage will
grow 1% point up to a
maximum of 12%
Revenue share payments for each calendar year shall be paid to the CITY no
later than January 31 of the following year.
Additional Services
The CONTRACTOR shall provide additional services only by advanced, written authorization
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
from the CITY. The CONTRACTOR, at the CITY's project manager's request, Amendment Number 2
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONTRACTOR'S proposed maximum compensation, including reimbursable expense,
for such services. The additional services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY's project manager and CONTRACTOR prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement.
No Reimbursable Expenses
The administrative, overhead, secretarial time or secretarial overtime, word
processing, photocopying, in-house printing, insurance and other ordinary
business expenses are included within the scope of payment for services and are
not reimbursable expenses. CONTRACTOR shall not be reimbursed for any
expenses.
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EXHIBIT C-1
INITIAL PRICING, AMENDMENT NO. 2
AMENDED REPLACES PREVIOUS
Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Resident Rates
Program
Fee
Annual Fee
Monthly
Drop -In
Per Lesson/Session
Lap Swim
General
$65
$9
Senior
$52
$8
Open Swim
General
$9
Child
$5
Swim Lessons
Group
$29
Private
$79
Masters
General
$30
$88
$20
Student/Senior
$30
$80
$20
Camps
$575 per week
Youth Swim Team
PASA pricing applies
Non -Resident Rates
Program
Fee
Annual
Fee
Monthly
Drop -In
Per
Lesson/Session
Lap Swim
General
$72
$10
Senior
$61
$9
Open Swim
General
$10
Child
$6
Swim Lessons
Group
$29
Private
$79
Masters
General
$30
$88
$20
Student/Senior
$30
$80
$20
Camps
$575 per week
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Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Youth Swim Team I I PASA pricing applies
These rates may be modified by CONTRACTOR after consultation with CITY.
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Item 7
Item 7 Staff Report
CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: October 21, 2024
Report #: 2407-3303
TITLE
Approval of Contract Amendment Number 1 to Contract Number S25190354 with Larratt Bros
Plumbing Inc. in the Amount of $410,000 for the Residential Emergency Water Heater
Replacement Pilot Program Within Electrification Programs; CEQA Status — Not a Project.
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager or their designee
to execute Amendment No. 1 to Contract No. S25190354 with Larratt Bros Plumbing Inc.
(Attachment A) to expand the Heat Pump Water Heater Pilot Program in an amount not -to -
exceed $410,000 for the Emergency Water Heater Replacement Pilot Program. This
amendment results in a revised total contract not -to -exceed amount of $495,000.
EXECUTIVE SUMMARY
Staff is seeking approval for contract amendment No. S25190354 for the Single -Family
Residential Emergency Water Heater Replacement (REWHR) Pilot Program to contribute to the
success of the Advanced Heat Pump Water Heater (HPWH) Pilot Program in replacing a total of
1,000 gas water heaters. Staff is requesting to increase the contract an additional $410,000, to
enable expansion of the REWHR Pilot Program, by unencumbering funds from contract No.
C23186588, the Advanced HPWH Pilot Program. This additional budget will have no impact on
the General Fund or utility rates.
BACKGROUND
Staff and the community have been working to achieve the community's greenhouse gas (GHG)
emissions reduction goals of reducing GHG emissions 80% from 1990 levels by 2030, as adopted
in the Sustainability and Climate Action Plan (S/CAP). The current S/CAP was adopted in June
2023 along with the 2023-2025 S/CAP Work Plan.' The 2023-2025 SCAP Work Plan includes
work item 2.1 D for the launch of a HPWH pilot to achieve the replacement of 1,000 gas water
heaters with HPWHs.
12023-2025 S/CAP Work Plan https://www.cityofpaloalto.org/files/assets/public/v/1/sustainability/reports/2023-2025-
scap-work-plan final.pdf
Item 7: Staff Report Pg. 1 Packet Pg. 192 of 377
Item 7
Item 7 Staff Report
The "Advanced HPWH Pilot Program" was launched in March 2023.2 It includes rebates for
residents who hire their own contractors and a Full -Service program for those who want the
City to take care of the whole process, as well as the more recent addition of the Emergency
Replacement program in September 2024. As of July 22, 2024, 384 installations had been
completed through a combination of the City's rebate program and Full -Service program, with
another 40 installations scheduled. Staff expects that the addition of the Emergency
Replacement program will increase the rate of installation. Many of the customers signing up
for the Full Service HPWH program have dropped out because they are in urgent need to
replace a leaking or broken water heater. The Full Service HPWH program is not designed to
accommodate emergency installations.
I'e10/_1W&IV
Gas tank water heaters typically last between 10 to 12 years. It is not uncommon for
homeowners to wait until the water heater shows signs of needing a replacement before they
call a plumber. Up to 85 percent of water heater replacements occur in an "emergency" when
the current water heater fails.3 In such an emergency scenario, the task of switching from a gas
water heater to a HPWH is often too complicated and takes too much time for the average
homeowner to handle when they are focused on restoring hot water to their family.
The REWHR Pilot Program is designed to serve the many homes experiencing water heater
failures that require rapid action, with a goal to restore hot water to customers within two
business days while helping the homeowner switch from a gas water heater to a HPWH.
Customers could opt to pay a premium covering work outside of standard business hours if
faster service is desired.
Solicitation Process
The City issued an RFP on February 29, 2024. Through a competitive RFP process, staff
identified Larratt Bros Plumbing as a provider with extensive experience performing HPWH
installations.
Table 1 summarizes the details of the RFP.
... •'
RFP Name/Number
Emergency Water Heater Replacement Service RFP
No. 190354
RFP Issued
February 29, 2024
Proposals Due
March 22, 2024
# of Firms Notified
3017
Total Days to Respond to RFP
22
2 On October 3, 2022, City Council approved the contract with Synergy Companies, which includes, among other tasks, the
administration of a Full -Service Heat Pump Water Heater Program within the Advanced Heat Pump Water Heater Pilot (Staff
Report #14542) https://www.cityofpaloaIto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-
reports-cm rs/2022/10-03-2022-id-14542.pdf
3 New Buildings Institute, 2022. https://newbuiIdings.org/scaling-up-market-transformation-for-heat-pump-water-heaters/
Item 7: Staff Report Pg. 2 Packet Pg. 193 of 377
Item 7
Item 7 Staff Report
# of Proposals Received
5
Non -responsive bidders/Responsive bidders
2/5
Public Link to Solicitation
https://procurement.opengov.com/portal/palo-alto-
ca/projects/83035
Proposals Price Range per Installed Heat Pump Water
Heater
$8,000 $25,500
The RFP responses (proposals) were evaluated based on several key criteria including the
quality of proposals, the specifics of the proposed solutions, the experience of the contractors
with heat pump water heaters and emergency water heater replacements, the proposed
program costs, ability to install heat pump water heaters in a timely way, and prior record of
performance for government agencies. Larratt Bros Plumbing was selected for this project
because they scored the highest of all bidders. They demonstrated an innovative approach to
replacing gas water heaters with heat pumps in a time sensitive and customer friendly way.
They also received high customer satisfaction scores as well as high praise from former project
collaborators.
Two of the bidders were deemed non -responsive due to lack of complete proposal packets. The
proposal that was selected (Larratt Bros Plumbing) included installed heat pump water heater
costs at the low end of the project cost range listed in Table 1, at $8,000.
In August, CPAU established an $85,000 contract with Larratt Brothers Plumbing to begin the
HPWH ER Pilot, covering up to 20 homes. Staff proposes a contract increase of $410,000 to
cover 100 or more homes. This would cover the current rebate of 55% of project costs up to
$3,500 per HPWH, permit fees, home assessments, and the cost of loaner water heaters, where
needed. The additional funds would ensure that HPWH ER Pilot can continue covering the first
100 homes as envisioned in the RFP. Their unique customer service tool, called Plunjr, allows
homeowners to enter the program quickly and obtain an assessment and quote for a new
HPWH.
FISCAL/RESOURCE IMPACT
The funding source for this contract is the budget for the Advanced Heat Pump Water Heater
Pilot Program, which includes budgets in both the electric and gas utility funds and is funded by
a combination of Public Benefits and Cap and Trade revenue sources.4 The HPWHs installed
through the HPWH ER Pilot will count towards the goal of 1,000 HPWHs in Palo Alto. Program
promotion and outreach will be funded through the climate reduction outreach budget
established in the FY 2025 Adopted Budget.
4 For the Full Service HPWH Program, City Council approved $1.25 million from Gas Cap and Trade Revenues, $4.5
million from Electrification Reserve (funded by the electric utility's Electric Special Projects Reserve) at the
September 27, 2022 Council meeting. See Staff Report #14606.
https://www.citvofDaloalto.ore/files/assets/oublic/v/1/agendas-minutes-reoorts/reoorts/citv-manaeer-reoorts-
cm rs/2022/id.-14606-sca p -u pdate-reach-code-cha nges-and-advanced-h pwh-progra m. pdf
Item 7: Staff Report Pg. 3 Packet Pg. 194 of 377
Item 7
Item 7 Staff Report
The HPWH ER Pilot supports the Council -approved Sustainability Plan, the Council -approved
Ten-year Energy Efficiency Targets, Comprehensive Plan Goals N4.2.1 (educate customers on
efficient water use), N7.4.2 (implement cost effective energy efficiency programs for all
customers) and N7.7.2 (explore the transition of existing buildings from gas to electric or solar
water and space heating). The Pilot program also furthers the Utilities Strategic Plan
Collaboration priority (Strategy 1, increasing communication and engagement with the
community).
STAKEHOLDER ENGAGEMENT
Since December 2023, staff has reached out to customers who have signed up with the Full
Service HPWH program to get their feedback. This feedback has been invaluable for ongoing
improvements to the Full Service HPWH program and has also informed the design of the
HPWH ER program. In January 2024, staff presented the initial program design and solicited
feedback from the S/CAP Working Group on the HPWH ER Pilot, continuing discussions on this
topic in April and May 2024. Staff has also been in communication with Peninsula Clean Energy,
Silicon Valley Clean Energy, Marin Clean Energy, and Sacramento Municipal Utility District as
they prepare to launch similar HPWH ER programs in their service territories.
ENVIRONMENTAL REVIEW
Council's approval of the attached agreement described in this staff report does not meet the
definition of a project under the California Environmental Quality Act (CEQA), pursuant to the
California Public Resources Code Section 21065, because it is not an activity that will cause a
direct physical change in the environment. In the alternative, Council's approval of this
agreement is exempt from review under CEQA Guidelines Section 15302, as replacement of
existing facilities, and Section 15308, as an action taken for the protection of the environment.
ATTACHMENTS
Attachment A: Contract with Larratt Brothers; Contract S25190354 Amendment 1
Attachment B: Contract with Larratt Brothers; Contract S25190354
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Diane Bailey, Sustainability Programs Administrator
Item 7: Staff Report Pg. 4 Packet Pg. 195 of 377
Docusign Envelope ID: 421 D75DB-36EC-409C-A7AB-0911695569B4
Item 7
Attachment A - Contract
with Larratt Brothers;
Contract 525190354,
AMENDMENT NO. 1 TO CONTRACT NO. S25190354 Amendment 1
BETWEEN THE CITY OF PALO ALTO AND
LARRATT BROS PLUMBING INC.
This Amendment No. 1 (this "Amendment") to Contract No. S25190354 (the "Contract" as
defined below) is entered into as of October 7, 2024 by and between the CITY OF PALO ALTO, a
California chartered municipal corporation ("CITY"), and LARRATT BROS PLUMBING INC., a
California corporation, located at 88 Elmira Street, San Francisco, CA 94124 ("CONSULTANT"). CITY
and CONSULTANT are referred to collectively as the "Parties" in this Amendment.
RECITALS
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of providing Emergency Water Heater Replacement Services (the "Project") to
customers in single family homes in connection with the Project, as detailed therein.
B. The Parties now wish to amend the Contract in order to increase compensation by
Four Hundred Ten Thousand Dollars ($410,000) from Eighty -Five Thousand ($85,000) to a new total
not to exceed Four Hundred Ninety -Five Thousand Dollars ($495,000) with no change to the
contract term.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
Contract. The term "Contract" shall mean Contract No. S25190354 between
CONSULTANT and CITY, dated August 1, 2024.
Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 "NOT TO EXCEED COMPENSATION" of the Contract is hereby
amended to read as follows:
"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 Four Hundred Ninety -Five Thousand Dollars ($495,000).
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."
6056850 Vers.: Aug. 5, 2019
Page 1 of 3
Item 7: Staff Report Pg. 5 Packet Pg. 196 of 377
Docusign Envelope ID: 421 D75DB-36EC-409C-A7AB-0911695569B4
Item 7
Attachment A - Contract
with Larratt Brothers;
Contract 525190354,
Amendment 1
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
6056850 Vers.: Aug. 5, 2019
Page 2 of 3
Item 7: Staff Report Pg. 6
Packet Pg. 197 of 377
Docusign Envelope ID: 421 D75DB-36EC-409C-A7AB-0911695569B4
Item 7
Attachment A - Contract
with Larratt Brothers;
Contract 525190354,
Amendment 1
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
LARRATT BROS PLUMBING, INC.
by:
1YJDocuSignedd�
,j A. /hIi11AlAJ
F64CD050FBB74CD__-
City Manager
Aa Gianni
Name:
Title: President
APPROVED AS TO FORM:
Signed by:
City Attorney or designee
BC98D476B5C54EA
Alex Perez
Name:
Title: service Manager
6056850 Vers.: Aug. 5, 2019
Page 3 of 3
Item 7: Staff Report Pg. 7 Packet Pg. 198 of 377
Certificate Of Completion
Envelope Id: 421 D75DB36EC409CA7AB0911695569B4
Subject: Complete with Docusign: S25190354 Amed 1 Larrett final.pdf
Source Envelope:
Document Pages: 3 Signatures: 2
Certificate Pages: 2 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
9/11/2024 2:06:09 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Aaron Gianni
aaron@larrattbros.com
President
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alex Perez
alex@larrattbros.com
Service Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Diane Bailey
Diane.Bailey@CityofPaloAlto.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Annmarie Romero
annmarie.romero@cityofpaloalto.org
Pool: StateLocal
Pool: City of Palo Alto
Signature
by:
EDI-Si,"ed
ar6ta C1a17lw
F64CD050FBB74CD...
Signature Adoption: Pre -selected Style
Using IP Address: 98.97.24.229
ESI,"by:
ed
Lt iF Pu"v
BC98D476B5C54EA...
Signature Adoption: Pre -selected Style
Using IP Address: 76.126.2.91
Signature
Status
Status
Status
Status
Status
COPIED
Item 7
Attachment A - Contract
Attachment with Larratt Brothers; GUSTgn
Contract 525190354,
Status: Co Amendment 1
Envelope Originator:
Annmarie Romero
250 Hamilton Ave
Palo Alto , CA 94301
annmarie.romero@cityofpaloalto.org
IP Address: 199.33.32.254
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 9/11/2024 2:07:28 PM
Viewed: 9/12/2024 7:58:10 PM
Signed: 9/12/2024 7:58:27 PM
Sent: 9/12/2024 7:58:29 PM
Resent: 9/13/2024 7:15:10 AM
Resent: 9/16/2024 9:52:47 AM
Viewed: 9/16/2024 10:34:10 AM
Signed: 9/16/2024 10:34:29 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 9/16/2024 10:34:31 AM
Item 7: Staff Report Pg. 8
Packet Pg. 199 of 377
Item 7
Attachment A - Contract
Carbon Copy Events
Status
Timest
with Larratt Brothers;
Tabatha Boatwright
Tabatha.Boatwright@CityofPaloAlto.org
COPIED
Sent: 9/1
Viewed: 9
Contract 525190354,
Amendment 1
Utilities Management Analyst
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
9/11/2024 2:07:28 PM
Certified Delivered
Security Checked
9/16/2024 10:34:10 AM
Signing Complete
Security Checked
9/16/2024 10:34:29 AM
Completed
Security Checked
9/16/2024 10:34:32 AM
Payment Events
Status
Timestamps
Item 7: Staff Report Pg. 9 Packet Pg. 200 of 377
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7
Item 7
Attachment B - Contract
with Larratt Brothers,
CITY OF PALO ALTO CONTRACT NO. S25190&Contract S25190354
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
LARRATT BROS PLUMBING INC.
This Agreement for Professional Services (this "Agreement") is entered into as of the Pt day of
August, 2024 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation ("CITY"), and LARRATT BROS PLUMBING INC., a California
corporation, located at 88 Elmira Street, San Francisco, CA 94124 ("CONSULTANT").
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to award a contract for the Emergency Water Heater Replacement Services
(the "Project") and desires to engage a consultant to provide heat pump water emergency
replacement services to customers in single family homes 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 July 31, 2026 unless
terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term of
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.
Professional Services
Rev. Jan 29, 2024
Page 1 of 38
Item 7: Staff Report Pg. 10 Packet Pg. 201 of 377
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
SECTION 4. NOT TO EXCEED COMPENSATION. The compensa ion 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 Eighty -Five Thousand
Dollars ($85,000). 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.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT's schedule
of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT's invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY's Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess the professional and technical personnel
necessary to perform the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required to perform the Services. All Services to be furnished by CONSULTANT
under this Agreement shall meet the professional standard and quality that prevail among
professionals in the same discipline and of similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in
the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT's errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds the CITY's
Professional Services
Rev. Jan 29, 2024
Page 2 of 38
Item 7: Staff Report Pg. 11 Packet Pg. 202 of 377
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7
Item 7
Attachment B - Contract
with Brot
hers Larratt hers,
stated construction budget by ten percent (10%) or more, CONS Contract rot S25190354 ake
recommendations to CITY for aligning the Project design with the budget, incorporate ulTY
approved recommendations, and revise the design to meet the Project budget, at no additional cost
to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers' compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT's performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT's
provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT's
obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
SECTION 12. SUBCONTRACTING.
Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that
subcontractors may be used to complete the Services. The subcontractors authorized by CITY to
perform work on this Project are:
QuitCarbon Inc.
945 Market St, Suite 501
San Francisco CA 94103
415-446-1620
Service: Home Assessments workflow and data gathering prior and during install.
Avila Electric
1212 Verde Rd
Half MoonBay CA 94019
650-245-8753
Services: Electrical
Professional Services
Rev. Jan 29, 2024
Page 3 of 38
Item 7: Staff Report Pg. 12 Packet Pg. 203 of 377
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Ingraham Electric
322 Princeton Ave
El Granada, Ca 94018
650-728-2262
Services: Electrical
Zylac Construction
12345 Grange Rd,
Meadow Vista CA 95722
530-368-0856
Services: General Contracting, Electrical Services
CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with
the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Aaron Gianni, CEO,
88 Elmira Street, Suite A, San Francisco, CA 94124, telephone: 650-873-5794, Email:
service&larrattbros.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 Diane Bailey, Utilities Department, Resource Management Division,
250 Hamilton Ave., Palo Alto, CA 94301 Telephone: 650-329-2241, Email:
diane.Bailey(a,cityofpaloalto.org. CITY's Project Manager will be CONSULTANT's point of
contact with respect to performance, progress and execution of the Services. CITY may designate
an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials 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, however CONSULTANT may use customer data that
participating customers voluntarily provide to perform the tasks included in the Scope of
Services. 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 shall retain exclusive ownership of any software and
Professional Services
Rev. Jan 29, 2024
Page 4 of 38
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Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7
Item 7
Attachment B - Contract
with Larratt Brothers,
copyright interests it developed prior to the execution of this Agreement Contract S25190354 ed,
improved or updated in CONTRACTOR'S performance of the Services. CONSuL lAIN I 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.
SECTION 16. INDEMNITY.
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 demands, claims, or liability of any nature,
including death or injury to any person, property damage or any other loss, including all costs and
expenses of whatever nature including attorney's fees, experts fees, court costs and disbursements
("Claims") resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT's Services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
D, entitled "INSURANCE REQUIREMENTS". CONSULTANT and its contractors, if any, shall
obtain a policy endorsement naming CITY as an additional insured under any general liability or
Professional Services
Rev. Jan 29, 2024
Page 5 of 38
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Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7
automobile policy or policies.
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best's Key Rating Guide ratings of A- :VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the approval
of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT's
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY's Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, 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
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Agreement is suspended or terminated on account of a default by CONSU Contract S25190354 1 be
obligated to compensate CONSULTANT only for that portion of CONS s Services
provided in material conformity with this Agreement as such determination is made by the City
Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made
in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager 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.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a "Consultant" as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
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22.1. As set forth in Palo Alto Municipal Code Section 2.ju.io, as amended
from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person's race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic
information or condition, housing status, marital status, familial status, weight or height of such
person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the
penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act ("ADA"), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally
Preferred Purchasing policies which are available at CITY's Purchasing Department, hereby
incorporated by reference and as amended from time to time. CONSULTANT shall comply with
waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste Program. Zero
Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and,
third, recycling or composting waste. In particular, CONSULTANT shall comply with the
following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes, invoices, reports,
and public education materials, shall be double -sided and printed on a minimum of 30% or greater
post -consumer content paper, unless otherwise approved by CITY's Project Manager. Any
submitted materials printed by a professional printing company shall be a minimum of 30% or
greater post -consumer material and printed with vegetable -based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY's Environmental Purchasing Policy including but not limited to Extended
Producer Responsibility requirements for products and packaging. A copy of this policy is on file
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
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for each hour worked within the geographic boundaries of the City of P Contract S25190354 on,
CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Urrnnance in
accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of
the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to
time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the
event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This Section shall take precedence in the event of a conflict
with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related
requirements. CONSULTANT is not required to pay prevailing wages and meet related
requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For
purposes of this Section 27, a "9204 Public Works Project" means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects".
® This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
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
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and security obligations of this Agreement. Contract S25190354
28.2. "Confidential Information" means all data, information (including without
limitation "Personal Information" about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT's possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
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action. The prevailing party shall be entitled to recover an amount equal to Contract S25190354 lue
of legal services provided by attorneys employed by it as well as any attorneys tees pail to third
parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT'S proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT'S proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
®
EXHIBIT A:
SCOPE OF SERVICES
®
EXHIBIT B:
SCHEDULE OF PERFORMANCE
®
EXHIBIT C:
COMPENSATION
®
EXHIBIT C-1:
SCHEDULE OF RATES
®
EXHIBIT D:
INSURANCE REQUIREMENTS
®
EXHIBIT E:
INFORMATION SECURITY POLICY
®
EXHIBIT F:
CYBERSECURITY TERMS AND CONDITIONS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE A TTA CHED.
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CONTRACT NO. S25190354 SIGNATURE PAG
Contract S25190354
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
DocuSigned by:
qua h
tffl2Manager
APPROVED AS TO FORM:
DocuSigned by:
''
Att y or designee
LARRATT BROS PLUMBING, INC.
DocuSigned by:
�aYbl� LI
F64CD050FBB74CD..
Aaron Gianni
Name:
Title: President
DocuSigned by
B F.
BC98D476BSC54EA.
Alex Perez
Name:
Title: Service Manager
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EXHIBIT A Contract S25190354
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 leverage its technical expertise and local experience to deliver the Heat
Pump Water Heater Emergency Replacement Pilot Program ("HPWH ER Pilot Program",
"HPWH ER Pilot" or "the Program") to CITY/CPAU customers within the City of Palo Alto.
The HPWH ER Pilot will provide emergency replacement service to Palo Alto residents living in
single-family homes and receiving utility service from City of Palo Alto Utilities. In addition,
Residential Energy Assistance Program (REAP) customers may also be eligible to participate in
the Program if they experience a sudden water heater failure; for eligible REAP customers, the
full cost of replacement with a HPWH will be covered by the CITY at the rate listed in Table C-
1. Replacements will include either the direct installation of a heat pump water heater or use of a
temporary gas water heater, with a heat pump water heater installation following necessary site
preparation work as described in the following 2 scenarios:
1. Instant Electrification — This scenario allows for immediate installation of a heat pump water
heater within 2 business days of the customer call.
2. Gas Loaner Electrification — Electrification may not be feasible within 2 business days if
additional electrical or site preparation work is needed. In this case, if a heat pump water heater
cannot be installed within 2 business days, consultant will install a temporary loaner water heater
while completing the necessary site preparation work for the permanent HPWH. Customers do
not have the option to keep the "loaner" gas water heater.
CPAU will offer a customer rebate to all projects that have completed a HPWH installation and
have passed final inspection. The invoice issued by CONSULTANT to the customer shall reflect
the full amount of the CPAU rebate (i.e. instant rebate).
A. HPWH ER Pilot Service Level Expectations (SLEs)
The following SLEs for the CONSULTANT's performances of the Services are designed to
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deliver timely, quality service to customers and to achieve high custom Contract S25190354 Is.
These metrics will be tracked on an ongoing basis to ensure that the CO s are
meeting the SLEs.
1. Emergency replacements or loaner equipment must be installed within two business days
(defined as Monday through Friday, excluding federal holidays) of a customer call. As an
example, if a customer calls on a Friday evening at 9pm, the emergency replacement
must be completed by the end of the business day on Tuesday assuming Monday and
Tuesday are non -holidays. Consultant will provide customers with the option to expedite
the emergency replacement during nights and weekends by paying overtime fees.
2. For customers receiving a water heater loaner, the permanent electric water heater must
be installed and in operation within 6 weeks of customer enrollment, barring electrical
panel service upgrade delays, or instances where the customer chooses not to move ahead
with the heat pump water heater.
3. 100% of the HPWH and gas water heater installations receive permits and pass final
inspection; and at least 80% of installation projects pass final inspection on the first time.
4. Achieve a minimum of 75% satisfaction rating from customer surveys.
B. HPWH ER Pilot Eligible Measures
CONSULTANT will deliver eligible measures as listed in Table C-1 of Exhibit "C,"
Compensation. CONSULTANT may request adding or deleting measures to the Program
and all such changes require the prior written consent of the CITY. All work completed
by CONSULTANT under this Agreement must comply with California's most recently
adopted building and appliance efficiency standards.
C. HPWH ER Pilot Program Cost Allocation
CITY and customer will each pay a portion of the total installed costs as specified in
Exhibit "C". The CITY bears no responsibility for any of CONSULTANT's costs and/or
compensation associated with CONSULTANT's performance of any Non-standard Site
Preparation and/or Installation Services, including Electrification Labor Rates; all such
compensation will remain the sole the responsibility of customers who elect to request
Electrification Site Preparation Services, as listed in Exhibit C.
The CITY bears no responsibility for any of CONSULTANT's costs and/or
compensation associated with CONSULTANT's delivery of extended parts and labor
warranties for any of the HPWH ER Pilot Program Eligible Measures; all such
compensation will remain the sole the responsibility of customers who elect to purchase
Extended Parts and Labor Warranties.
All customer payment amounts, Electrification Site Preparation Services costs,
Electrification Labor Rates and any Extended Parts and Labor Warranty costs, if
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applicable, will be included and clearly disclosed in each customer' & Contract S25190354
Participation Agreement.
D. HPWH ER Pilot Installation Program Staffing
CONSULTANT agrees to staff the Program in accordance with the Staffing plan set forth
in Table A-3. CONSULTANT shall notify the CITY concerning proposed changes to the
staffing plan, and all such changes require the prior written consent of the CITY.
CITY reserves the right to (i) request CONSULTANT conduct criminal background
checks to City's satisfaction on all CONSULTANT's staff, subcontractors or agents that
may enter customer property, and (ii) require that any staff, subcontractor or agent of
CONSULTANT that fails the background check shall not be permitted to enter any
customer premises.
Table A-3. HPWH ER Pilot Program Staffing
Plan
Company
Name and Title
Role and Responsibilities
Larratt Bros
Aaron Gianni, President
Program implementation and set standards
for Larratt Bros and Plunjr as well as quality
control.
Larratt Bros
Alex Perez, Service
Day-to-day operational details of interactions
Manager
between homeowners. Reporting. Permitting.
Larratt Bros
Carlos Catagena,
Customer intake and dispatching of
Service Admin
technicians. Permitting.
Account payable and accounts receivable.
Larratt Bros
Melissa Smith, Office
Manager
Plumber. Equipment installation and
Larratt Bros
Brandon Dillon, Service
Plumber
customer satisfaction
Larratt Bros
Jonah Geller, Service
Plumber & Electrician. Equipment
Plumber
installation and customer satisfaction
Larratt Bros
Arturo Garcia, Service
Plumber. Equipment installation and
Plumber
customer satisfaction
Larratt Bros
Brent Boblitt
Electrician.
QuitCarbon
Cooper Marcus, CEO
Program manager. Overall design and
execution of QuitCarbon's responsibilities.
QuitCarbon
Adam Klaus, Head of
Responsible for day-to-day operational
Operations
details of interactions between homeowners,
Larratt Bros, and QuitCarbon.
E. HPWH ER Pilot Program Implementation & Delivery
Task 1: HPWH ER Kick-off and Set up
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Task 1.1: HPWHER Kick -Off
CONSULTANT shall organize the HPWH ER Pilot Kick -Off meeting in conjunction with
CPAU to review HPWH ER Pilot goals, design and delivery, budget, staffing plan, roles,
timelines and priorities in the delivery of the HPWH ER Pilot. The meeting will also cover
coordination with other CPAU programs, logistics, data integration, invoicing requirements,
customer management, and scheduling of ongoing check -in meetings.
CONSULTANT will initially set up check -in meetings on a weekly basis, and meetings can
be reduced in frequency if mutually agreed upon. CONSULTANT will work with CPAU
staff to determine the agenda at a minimum one day prior to the meeting. Meetings will
focus on Program progress updates, reviewing deliverables, and determining expected
milestones for the next meeting. CONSULTANT will provide a weekly report tracking
customer intake timing and status before each meeting.
Task 1.1 Deliverables: Meeting agenda and minutes
Task 1.2: Develop HPWHER Pilot Documents
CONSULTANT shall create the following Program documents in close consultation with
CPAU staff, for use by CITY and CONSULTANT.
Task 1.2.1 Develop Program Policies and Procedures Manual.
CONSULTANT will draft the Program Policies and Procedures in collaboration with the
CITY, which will include, at a minimum, the following:
i. The terms and conditions for eligible customers to participate in the Program;
ii. The process for customers to participate in the Program, including the criteria for
disqualification from participation;
iii. The process for scheduling and performing the different types of customer site
assessments (virtual, phone -assisted virtual and in -person);
iv. The process for assessing the suitability of heat pump water heaters (HPWH)
including 120 volt HPWHs and the need for a loaner unit to restore hot water within
48 hours for a customer;
v. The process to obtain CITY approval for installation for qualifying REAP customers;
vi. The process for collecting customer deposits for a gas loaner unit and customer
payments for eligible measures including electrification site preparation, HPWH
installation and permit fee, and Extended Parts and Labor Warranty;
vii. The process for installing Eligible Measures, including creating a quality assurance
and quality control plan and checklist for compliance with Palo Alto permitting
requirements that also ensures the appropriate heat pump size, and that measures are
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installed and working properly;
Contract S25190354
viii. The process for obtaining customer feedback as well as a customer complaint
resolution plan;
ix. The process for tracking customer projects, from intake to site assessment to
installation to final inspection, and transmitting customer project data including
photos to the CITY's Program Tracking Platform (Quickbase);
x. The process for providing weekly Program Reports;
xi. The process for submitting Program invoices, including customer rebate
reimbursements for projects that have passed final inspection.
CONSULTANT will collaborate with the CITY to draft a Program Policies and Procedures
Manual and will provide and review any written revisions and updates to the Program
Policies and Procedures Manual with the CITY to secure CITY's final approval.
CONSULTANT will adhere to and document its compliance with applicable policies and
procedures in the Program Policies and Procedures Manual as it performs the Services in this
Scope of Work.
Task 1.2.1 Deliverables: Completed Program documents including Program Policies and
Procedures Manual that are approved by CPA U
Task 1.2.2 Develop Templates for Customer Site Assessment Report and Project Estimate
CONSULTANT will create a Customer Site Assessment Report Template for CITY
review and approval and will revise as directed by CITY before use. Once finalized and
approved by CITY, the Customer Site Assessment Report will be provided by
CONSULTANT to the customer and will provide a Customer Estimate with information
necessary for the customer to understand options available to them to replace their gas water
heater with a heat pump water heater, including the use of alternative equipment to
temporarily restore hot water until it is possible to make a permanent heat pump water heater
installation. CONSULTANT will provide revisions and updates to the Customer Site
Assessment Report Template upon CITY request.
Customer Site Assessments will include the following elements regarding equipment and
appliances located at the residential property owned or occupied by the customer interested
in exploring participation in the Program, each to be documented on the Customer Site
Assessment Report Template:
i. An inventory of gas and electric equipment and appliances and nameplate (or
equivalent alternative) power use, in order to facilitate load calculations;
ii. Evaluation of the condition and capacity of the existing electrical systems and
recommended upgrades or alternative power efficient strategies that may be necessary
to enable installation of a heat pump water heater;
iii. Recommended location for new electrical equipment and HPWH, noting any
observed space or structural constraints and possible remedies; and
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iv. Identification of home size including total bedrooms and bathrod Contract S25190354
facilitate compliance with Plumbing Code First Hour Ratings requirements;
Customer Estimate will include:
i. Description of a work plan, including planned equipment, site preparation measures,
any other work, and timeline, that will be executed if customer opts to participate in
the Program; and
ii. Estimated cost of work to be performed, for customer and CITY's review.
Task 1.2.2 Deliverable: Customer Site Assessment Report and Estimate Templates
Task 1.2.3 Develop Customer Site Assessment Agreement
CONSULTANT will create a Customer Site Assessment Agreement that includes the
following, at a minimum:
i. Provides an overview of the Program;
ii. Grants CONSULTANT permission to perform the Customer Site Assessment to
determine whether it is possible to replace the broken water heater with a heat pump
water heater and which site preparation measures would be required;
iii. Fully indemnifies CITY against all loss, damages, costs and liability arising from any
claims stemming from the Customer Site Assessment;
iv. Collects basic information from the customer, including but not limited to customer
contact information and installation address.
CONSULTANT will submit the Customer Site Assessment Agreement to CITY for review
and approval, and will revise and update the Customer Site Assessment Agreement as
directed by CITY before use. CONSULTANT will provide the Customer Site Assessment
Agreement to customers in electronic and paper formats if requested by the customer.
CONSULTANT will scan paper forms completed by customers and submit them to CITY
electronically.
Task 1.2.3 Deliverable: Customer Site Assessment Agreement Template
Task 1.2.4 Develop Program Participation Agreement
CONSULTANT will create a Program Participation Agreement that grants CONSULTANT
permission to install Eligible Measures, collect customer payments, offer an Extended Parts
and Labor Warranty for additional costs, and enroll customer in any State or local financing
programs. The Program Participation Agreement will include, at a minimum, the following
elements:
i. Customer contact information;
ii. Installation address;
iii. Project scope;
iv. Project costs by line item, including electrification site preparation services and
Electrification Labor Rates, as defined in Exhibit C, as well as customer's sole
responsibility for any costs associated with them;
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v. Product and labor warranty information, including Extended Parl Contract S25190354
Warranty agreement specifying coverage of any defects in material or workmanship
under normal use during the five (5) year warranty period, and also specifying that
during the warranty period Larratt Brothers Plumbing will repair or replace, at no
charge, products or part of a product that proves defective because of improper
material or workmanship, under normal use and maintenance.
vi. Customer payments and payment options available if customer opts to participate in
the Program;
vii. Customer finance programs such as GoGreen Financing, payment amount, terms, and
payment options available if customer opts to participate in the Program;
viii. Language specifying that the Customer is responsible for providing a fully
refundable down payment on any loaned or temporary water heating equipment
(whether it's a gas water heater with a tank, or tankless gas, or a 120volt HPWH that
is temporary) agreed to as part of the project, to be credited to the Customer upon
project completion.
ix. Language releasing CITY of liability for any claims arising out of customer's
participation in the Program, and CONSULTANT's performance of the Services
involved in the Program, including initial pre -Program site assessments;
x. Language and/or supplemental forms enrolling customers in any State or local
financing programs.
CONSULTANT will submit the Program Participation Agreement to CITY for review and
approval and will revise and update as directed by CITY before use. CONSULTANT will
provide the Program Participation Agreement to customers in electronic format, unless
specifically requested by the Customer to be in paper format. CONSULTANT will scan
paper forms completed by customers and submit them to CITY electronically.
Task 1.2.4 Deliverable: Customer Program Participation Agreement Template
Task 1.2.5 Develop Customer Feedback Forms
CONSULTANT will develop a Customer Feedback Form template. The Customer
Feedback Form gives customers the opportunity to evaluate the Program, including the
Site Assessment, the on -going customer support, and the overall customer experience
associated with the Program. The Customer Feedback Form must include, at minimum,
a question for the customer that enables CITY to calculate a Net Promotor Score value,
which is a standardized metric used to assess customer satisfaction.
CONSULTANT will submit the Customer Feedback Form Template to CITY for review and
approval and will revise and update it as directed by CITY before use. CONSULTANT will
provide the Customer Feedback Forms to customers in both electronic and (if requested)
paper formats. CONSULTANT will scan paper forms completed by customers and submit
them to CITY electronically.
Task 1.2.5 Deliverable: Customer Feedback Form Template
Task 1.2.6 Develop Program Report Template
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CONSULTANT will create a standard Program Report template to meet ul I Y reporting
requirements. This Program Report will be delivered monthly. CONSULTANT will assist
CITY in finalizing Program performance metrics to include in the Program Reports. These
metrics may include data specified by CITY. The Program Report will also provide summary
statistics including, but not limited to:
i. Number and type of measures installed;
ii. Number of projects that meet/do not meet the 48 hours emergency replacement
timeframe;
iii. Number and type of loaner water heaters installed.
CONSULTANT will submit the Program Report Template to CITY for review and approval
and will revise and update the Program Report Template as directed by CITY before use. In
the event that the CITY receives adequate data reporting through Quickbase or a similar
database, CONSULTANT is no longer required to submit reports.
Task 1.2.6 Deliverable: Program Report Template
Task 1.2.7 Develop Program Invoice Template
CONSULTANT will create a standard Program Invoice Template to meet CPAU's invoicing
requirements, including, but not limited to:
i. Name of company providing invoice (Larratt Bros.);
ii. Invoice number;
iii. Invoice date;
iv. Larratt's remit -to address for invoicing;
v. Invoice amount, broken out as directed by Project Manager;
vi. Description of work.
CONSULTANT will submit the Program Invoice Template to CITY for review and
approval and will revise and update the Program Invoice Template as directed by CITY
before use.
Task 1.2.7 Deliverable: Program Invoice Template
Task 1.3 Transmit Customer Information to CITY's Program Tracking Database
CONSULTANT will provide CITY with electronic customer information in a format that can
be loaded into CITY's Quickbase platform and transmitted at a mutually agreed upon
frequency. While the use of an API to transmit data will be preferred, other electronic
formats for transmission of customer data may include .csv,.xls and .jpg file formats.
CONSULTANT may utilize Rock Rabbit software to submit customer project data into
CITY's Quickbase platform.
CONSULTANT will ensure that CITY staff will be able to access Program data, including
the following elements:
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i. Customer contact information (name, address, phone, email); Contract S25190354
ii. Customer eligibility for REAP service;
iii. Timestamp for initial customer intake and completion of water heater emergency
replacement;
iv. Existing water heater description (age, model, condition);
v. Site Assessment Report and recommendations provided;
vi. Installed equipment and project cost invoiced to customer;
vii. Completed customer forms, as described in this Exhibit A (Site Assessment
Agreement, Project Estimate, Program Participation Agreement, Customer Feedback
Form);
viii. Non -warranty and warranty related repair issues;
ix. Project costs covered by CPAU, including site assessment cost and loaner cost where
applicable;
x. Summary of customer compliments and/or complaints, and reasons for rejection of
proposed installations by customer;
xi. Customer referrals to other programs;
xii. Customer payments collected;
xiii. Records of customers' Extended Parts and Labor Warranties.
CONSULTANT will revise and update the above list of Program data as directed by CITY.
CITY will own all customer information and Program data. CONSULTANT will adhere to
the CITY's Exhibit E - Information Privacy Policy and Exhibit F - Cybersecurity Terms and
Conditions; specifically, CONSULTANT will protect the confidentiality of all customer
information and Program data used, prevent any sale or release of such information and data
to third parties unless agreed upon in writing by the customer, and ensure CITY has secure
access to all customer information and data collected through the CIS.
Task 1.3 Deliverable: Successful integration of customer data from CONSULTANT'S
system(s) into CITY's Program Tracking Platform
Task 1.4: Set up and testing of Program invoice and rebate submission
CONSULTANT shall work closely with CPAU to streamline the submission of project
invoices and rebate applications. CPAU may require CONSULTANT utilize Rock Rabbit
software to submit rebate applications.
Task 1.4 Deliverables: Completion of user testing to submit project invoices and rebate
applications.
Task 1.5 Provide Eligible Measure List Updates
Sixty days before the start of each fiscal year, or as requested by CITY but no more than two
(2) times per fiscal year, CONSULTANT will provide to the CITY proposed updates of
Table C- I for CITY review and approval. The proposed tables will include any new Eligible
Measures proposed by CITY or CONSULTANT as well as changes to effective time periods
that reflect measures no longer offered.
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Attachment B - Contract
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Contract S25190354
Task 1.5 Deliverable: Eligible Measure List Updates
Task 1.6 Enroll in State or Local Financing Programs
CONSULTANT will enroll in GoGreen Financing, the public -facing platform of the
California Hub for Energy Efficiency Financing, as a qualified CONSULTANT to provide
energy efficiency and electrification installation services in Santa Clara County. When
CONSULTANT is successfully enrolled in GoGreen Financing, CONSULTANT will
provide CITY a link to the public -facing financing program website for Santa Clara County
documenting CONSULTANT's enrollment or provide CITY with a letter certifying
CONSULTANT's enrollment in the program in Santa Clara County.
If mutually agreeable, CONSULTANT will enroll in additional financing programs or enlist
third -party financial partners, such as National Energy Improvement Fund, to provide
lending services.
CONSULTANT will update the Program Participation Agreement with financing programs
which CONSULTANT is enrolled in and promote these financing programs to customers
participating in the Program.
Task 1.6 Deliverable: Listing on public facing financing program website or letters
certifying CONSULTANT's enrollment
TASK 2- PROGRAM IMPLEMENTATION
CONSULTANT shall intake customers, assess their projects, install water heaters, provide post -
installation customer service, resolve customer issues, gather customer feedback, and process
invoices to CPAU and customers.
Task 2.1 Implement Marketing and Outreach Activities
CONSULTANT will market the Program in collaboration with CITY.
Task 2.1 Deliverable: Ongoing collaboration with CITY in marketing and outreach
activities to promote Program.
Task 2.2: Develop Customer Intake & hotline
CONSULTANT shall collaborate with CPAU to create an emergency water heater
replacement hotline and determine the most appropriate customer intake process with
mutually agreed upon protocols to ensure that customers can access service outside of
standard business hours, where required.
Task 2.2 Deliverable: Create and maintain an emergency water heater replacement
hotline within 30 days of contract award
Task 2.3 Perform Customer Site Assessments and Deliver Customer Estimate
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Contract S25190354
CONSULTANT will:
1) Respond to customer requests for an emergency water heater replacement and
perform a site visit within 1 business day of the customer call to determine the
emergency replacement scenario and applicable approaches.
2) Collect all data necessary during the customer site assessment to determine whether it
is feasible to install a heat pump water heater on the day of the customer site visit or
whether a temporary water heater will be necessary, and develop the Customer
estimate.
3) Select equipment sizing, model, and configure in accordance with the Program
Guidelines; perform electric load calculations or other assessments as needed.
4) Provide project estimate to customer including itemization of any customer deposit
required toward loaner equipment where applicable. CONSULTANT will offer to
review the estimate with the customer by phone, online chat, or mutually agreeable
communication channel, to explain the findings, address any questions, and begin
planning for an installation.
CITY reserves the right to accompany CONSULTANT during Customer Site Assessment
visits.
Task 2.3 Deliverable: One site assessment and project estimate for each eligible
customer within 1 business day of customer calling the hotline.
Task 2.4 Execute Program Participation Agreement, Collect Customer Payments, and
Enroll Customers in Financing Programs
After completing Task 2.4 with the customer, CONSULTANT will:
1) Provide the Program Participation Agreement to the customer and obtain customer's
signature;
2) As necessary, CONSULTANT will coordinate with the customer to correct any errors
or omissions in the Program Participation Agreement;
3) Assist customer in understanding any payments that are the customer's responsibility,
such as Customer payments, payments for Electrification Site Preparation Services
and associated labor rates, and Extended Parts and Labor Warranties;
4) Assist customer in understanding CITY -approved financing programs, options, and
payment terms;
5) Collect any customer payments including Customer payments, payments for
Electrification Site Preparation Services and associated labor rates, and Extended
Parts and Labor Warranties;
6) Assist interested customers with enrollment in GoGreen and potentially other CITY -
approved State or local financing programs.
Task 2.5 Install Measures and Provide Post -Installation Quality Control
CONSULTANT will begin installation work to restore hot water within 2 business days of
customer request:
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Attachment B - Contract
1)
hers Larratt hers,
with Brot
Apply for and obtain any required permits on the customer's be Contract rot 354
2)
Install Eligible Measures in accordance with all applicable federa1 and state laws and
building codes, manufacturer's specifications and City of Palo Alto permitting
requirements;
a. CONSULTANT will hold the appropriate license(s) for any installation and work
performed under this Agreement.
b. CONSULTANT will notify CITY Project Manager of any delays which may
result in exceedance of target for hot water restoration within 2 business days.
c. If a loaner water heater is installed, CONSULTANT shall create and provide to
customer a Scope of Work for the final heat pump water heater installation within
6 weeks, with exceptions for electrical panel or electrical service upgrade delays.
d. If a customer receives a loaner and chooses not to proceed with a heat pump water
heater installation, customer will be obligated to either return the loaner within 60
days, or CONSULTANT shall keep the emergency loaner deposit.
3)
Implement the quality assurance and quality control plan to verify each project has
been installed properly and documented accurately;
4)
Upon completion of heat pump water heater installation, assist customers in
understanding equipment operation, including programming and performing
preventative maintenance;
5)
Provide customer with technical manuals and warranty documentation;
6)
Remain available throughout the installation process to answer questions from
customers or CITY about projects. As needed, CONSULTANT will direct customers
to appropriate CITY resources or vendors for questions related to other CITY
programs;
7) Obtain final inspections and complete the job closure paperwork for all installed
Measures;
8) Update project information in Quickbase (or CITY's chosen program platform) with
completed project installation data and invoice information for inclusion in the
Program Report and Program Invoice;
9) Provide customers, at a minimum, a one (1) year warranty for all measures installed
under the Program, effective from the date of installation. CONSULTANT will
ensure that all manufacturer product warranties held by CONSULTANT will be
transferred to the customer upon installation.
a. CONSULTANT shall respond to workmanship warranty calls as needed and
assist customer in responding to product warranty issues. Address all
workmanship and product replacement warranty issues to reasonable customer
satisfaction.
CITY reserves the right to accompany CONSULTANT during project installation and final
Inspection, with the condition that this would in no way impede or delay CONSULTANTS
provision of service to customer.
Task 2.5 Deliverable: Provide timely Heat Pump Water Heater installation services as
needed and where infeasible, provide referrals.
Task 2.6 Provide Customer Service, Feedback and Issue Resolution
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Contract 525190354
CONSULTANT will collaborate with CITY to create a dedicated phone number availab eon
customer -facing materials as directed by CITY for all CITY customer contacts to schedule
Site Assessments, provide Program information, and answer customer inquiries during
normal business hours, Monday through Friday between 8 AM —5 PM, as well as a rollover
arrangement for afterhours service.
CONSULTANT will request customer feedback as described in Customer Feedback Form.
CONSULTANT will transmit customer feedback data to CITY's Program tracking platform.
CONSULTANT will provide monthly customer feedback results to CITY in
CONSULTANT's monthly invoicing and reporting.
CONSULTANT will address and attempt to resolve all customer issues discovered through
either survey feedback or other means of customer contact within five (5) business days of
receiving feedback. CONSULTANT will document all such customer issues, actions taken to
resolve them, and outcomes and report them to CITY. If CONSULTANT cannot resolve
Program -related issues to the customer's satisfaction within five (5) business days,
CONSULTANT will immediately provide CITY with a detailed description of each
complaint, including the customer's name and contact information and any other information
requested by CITY.
CONSULTANT will pursue continuous improvements in delivery of Services provided
under this Agreement to customers to drive customer satisfaction and will revise its
processes, procedures and documents as directed by CITY to ensure customer satisfaction.
Customer feedback issues will be tracked by CONSULTANT using the monthly reports, as
well as a completed Customer Feedback Form. CITY may separately survey Program
participants regarding CONSULTANT's performance.
TASK 3— PROGRAM INVOICING AND REPORTING
Task 3.1 Data Management
CONSULTANT will export Program data to CITY's Program tracking platform.
CONSULTANT will update the CITY's Program platform with project information gathered
from Customer Site Assessments and completed project installations. CONSULTANT will
track detailed customer information such as challenges encountered in Program
implementation and proposed solutions.
CONSULTANT will respond to CITY's written data requests within 30 calendar days to
meet evaluation, measurement, and verification ("EM&V") and other regulatory
requirements.
Task 3.2 Reporting
CONSULTANT will provide completed Program Reports to CITY on CITY -approved
reporting templates on a monthly basis.
Program Reports are critical to the success of the Services described herein, and therefore
CONSULTANT's timely submittal of complete and accurate Program Reports is required
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Attachment B - Contract
with Larratt Brothers,
in order for CONSULTANT to receive payments under this Agreement Contract S25190354Brothers,
Task 3.3 Invoicing
Using the Program Invoice Template, CONSULTANT will invoice CITY on a monthly basis
consistent with Section 5 of the Agreement and in accordance with the specific guidelines set
forth in this Exhibit "A" and in Exhibit "C", "Compensation" through the CITY's designated
submission approach or system. CITY will reimburse CONSULTANT for site assessments,
City Permit Fee, and loaner water heater expenses; all other expenses will be the
responsibility of the customer to pay and CONSULTANT to collect. In the event that a
customer discontinues their heat pump water heater installation, CONSULTANT can keep
the loaner water heater down payment from the customer and City will only reimburse
CONSULTANT for site assessment of that canceled project.
Proper record -keeping is critical for the success of the Services described herein. As such,
CONSULTANT must timely and accurately provide the following elements in order to
receive payment for Services under this Agreement:
i. Completed Program Invoice Template;
ii. Executed Customer Site Assessment Agreement for each project;
iii. Executed Program Participation Agreement for each project;
iv. Completed Customer Feedback Form for each project (for customers who have
completed Feedback Forms);
v. Completed project installation and invoice information for each project entered
into CITY Program platform in a mutually agreed upon format.
CONSULTANT shall invoice CPAU for the agreed -upon fee for loaner installation, permit
fee, and the agreed -upon fee for site assessments.
Task 3.3 Deliverable: Upon passing final permit inspection, CONSULTANT will invoice
CPA Ufor the agreed upon CITY project contributions.
TASK 4— PROGRAM CLOSE OUT
Task 4.1 Resolve Outstanding Jobs in Progress
CONSULTANT will complete all outstanding projects in progress and resolve any
complaints from previously completed projects as a prerequisite for CITY to process
CONSULTANT's invoices.
Task 4.2 Develop and Submit Program Final Report
CONSULTANT will submit a final Program report, which includes a written overview
of the Program and a spreadsheet detailing the itemized and total Program costs. The
Program Final Report will include Program achievements, challenges, goals, and lessons
learned. CONSULTANT will deliver the Program Final Report within 30 calendar days
before the end of the Term.
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Attachment B - Contract
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Task 4.2 Deliverable: Program Final Report Contract S25190354
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Attachment B - Contract
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EXHIBIT B Contract S25190354
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
Task 1 HPWH ER Kick-off and Set up 30 days
Task 1.1 HPWH ER Kick-off
Task 1.2 Develop HPWH ER Pilot Documents
Task 1.2.1 Develop Program Policies and Procedures Manual
Task 1.2.2 Develop Customer Site Assessment Report and Estimate
Task 1.2.3 Develop Customer Site Assessment Agreement
Task 1.2.4 Develop Program Participation Agreement
Task 1.2.5 Develop Customer Feedback Forms
Task 1.2.6 Develop Program Report Template
Task 1.2.7 Develop Program Invoice Template
Task 1.3 Transmit Customer Information to CITY's Program Tracking Database
Task 1.4 Setup and testing of program invoice and rebate submission
Task 1.5 Provide Eligible Measure List Updates
Task 1.6 Enroll in State or Local Financing Programs
Task 2 Program Implementation
Task 2.1 Implement Marketing and Outreach Activities
Task 2.2 Develop Customer Intake & hotline
Task 2.3 Perform Customer Site Assessment and Deliver Customer Estimate
Task 2.4 Execute Program Participation Agreement, Collect Customer
Payments, and Enroll Customers in Financing Programs
Task 2.5 Install Measures and Provide Post -Installation Quality Control
Task 2.6 Provide Customer Service, Feedback and Issue Resolution
Task 3 Program Invoicing and Reporting
Task 3.1 Data Management
Task 3.2 Reporting
Task 3.3 Invoicing
Task 4 Program Close Out
Task 4.1 Resolve Outstanding Jobs in Progress
Task 4.2 Develop and Submit Program Report
Ongoing
Ongoing
Ongoing
Within 30 days
before end of Term
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Contract S25190354
❑ Optional Schedule of Performance Provision for On -Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on -call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on -call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
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Attachment B - Contract
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Contract S25190354
EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the
terms and conditions of this Agreement, including Services, any specified reimbursable expenses,
and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all Services, any
specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed
the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all
Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4),
within this/these amount(s). Any work performed or expenses incurred for which payment would
result in a total exceeding the maximum amount of compensation set forth in this Agreement shall
be at no cost to the CITY.
CONSULTANT understands that CONSULTANT's receipt of compensation under this
Agreement will depend on the number of customers who opt to participate in the HPWH ER
Pilot Programs by executing Program Participation Agreements binding them to pay for any
Eligible Measures installed, and CONSULTANT's satisfactory completion of invoicing
activities as described in Exhibit A. CITY makes no guarantee, express or implied, regarding the
number of customers who will participate in programs covered by this Agreement.
The CITY bears no responsibility for any of CONSULTANT's costs and/or compensation to
CONSULTANT associated with customer payments, CONSULTANT's performance of any of
the Electrification Site Preparation Services, including Electrification Labor Rates, or
CONSULTANT's delivery of Extended Parts and Labor Warranties for any of the Program
Eligible Measures. All such compensation will remain the sole the
responsibility of customers who may elect to participate in the HPWH ER Pilot Program.
(see Exhibit A).
REIMBURSABLE EXPENSES
CONSULTANT'S ordinary business expenses, such as administrative, overhead,
administrative support time/overtime, information systems, software and hardware,
photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are: NONE up to the not -to -exceed amount of: $0.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals, if
specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto's
policy for reimbursement of travel and meal expenses.
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Item 7
Attachment B - Contract
with Larratt Brothers,
B. Long distance telephone service charges, cellular phone servi Contract S25190354 ile
transmission and postage charges, if specified as reimbursable, will be relmbursea at actual
cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this
section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
The figures set forth in this Exhibit C-1 include all of CONSULTANT's costs to perform all of
the Services listed in this Agreement that correspond to that Eligible Measure, including, without
limitation, CONSULTANT's administrative costs, marketing and outreach costs, implementation
(materials and labor) costs, Electrification Site Preparation Services, Electrification Labor Rates
and Extended Parts and Labor Warranty costs. No additional fees or charges will be required of
CITY or its customers for CONSULTANT to perform the Services listed in this Agreement.
CONSULTANT's schedule of rates is as follows:
Eligible Measure
Description of Measure
Cost to
Cost to City:
Customer
(not payable
by City):*
Installed cost
per unit (incl
Installed cost
equipment +
per unit (incl
labor) ($)
equipment +
labor) ($)
Heat pump water
Remove existing gas water heater,
$8,770
N/A
heater (80 gallon,
properly dispose of the old water heater
240V) - weekday
and platform, cap the gas line, install the
hours
drain pan, install the heat pump water
heater and condensate draining per
Heat pump water
$6,850
N/A
heater (65 gallon,
manufacturer's instruction based on
240V) - weekday
location, install new safety straps meeting
hours
code, install noise and vibration reduction
components (flexible pipe connectors,
Heat pump water
$6,630
N/A
heater (50 gallon,
rubber mat, rubber grommet at pipe -wall
240V) - weekday
penetrations, rubber grommet where
hours
seismic strapping meets wall,) install
expansion tank, complete job closure
Heat pump water
$8,990
N/A
heater (80 gallon,
paperwork, repair and paint walls to
120V) - weekday
original condition as required, standard
hours
one (1) year labor warranty, and
manufacturer's product warranty.
Heat pump water
$7,150
N/A
heater (65 gallon,
120V) - weekday
hours
Emergency water
Replace -in -kind tank -type water heater
N/A
$1,800
heater loaner -
from loaner -reuse supply, properly
weekday hours
dispose of old water heater. When
replacing with HPWH at a later date,
keep loaner equipment for future projects.
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Item 7
Attachment B - Contract
with Larratt Brothers,
The customer shall pay the $1800 at the
Contract S25190354
time it is installed. The amount will be
considered a "down payment" towards
their electrification and noted on the final
invoice as a credit from the CITY.
Assessment and
Utilizing Plunjr + QuitCarbon platform -
N/A
$250
Project Estimate -
all homes will receive an assessment and
with
a Project Estimate - this row covers
phone/chat/email
remote service (not in -person at the
support 24/7
homeowner's home)
(Optional) Site
When Larratt Bros staff go on -site to
N/A
$295
visit for
perform assessment and prepare a Project
assessment and
Estimate. Note that this charge is instead
project Estimate -
of, not in addition to the virtual
normal weekday
assessment charge above.
hours -
Permit
Optional use for inspectors to use Plunjr
$500
N/A
Coordination,
app, at the discretion of the City.
Permit cost
The cost of the HPWHpermit will be
N/A
$247, subjected
covered by the City.
to annual
adjustment to
permit cost
Non-standard Site Preparation and/or Installation Services costs for a HPWH installation
Install 18" X 24"
$125
N/A
Louver Vents into
existing door
Provide and
$165
N/A
Install
Condensate Pump
Plumb out
$500
N/A
Temperature -
Pressure Relief
Valve and
condensate to
exterior away
from foundation
per building code
requirements
Provide and
$500
N/A
Install
Thermostatic
Mixing Valve
Electrician, labor
Per Hour Price. Non-standard labor costs
$210
N/A
hours
will be estimated as part of the Project
Estimate phase.
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Item 7
Attachment B - Contract
with Larratt Brothers,
Plumber, labor Per Hour Price. Non-standard labor costs Contract S25190354 N/A
hours will be estimated as part of the Project
Estimate phase.
Electrical services
Install a new
$1,650
N/A
circuit breaker
and up to30ft
circuit between
HPWH and
electrical panel
Additional Circuit
$1,450
N/A
run (per
additional 50
feet)
Electric panel
Remove existing electrical panel,
Time and
N/A
replacement
properly dispose of old equipment,
Materials -
replace with new panel including
this work is
capability for future home electrification
highly variable
and EV readiness, include two additional
in cost, and
reserve breaker spaces above and beyond
cannot be
electrification readiness, replace circuit
reduced to a
breakers as required, repair and paint
single pre -
walls to original condition as required,
determined
standard one (1) year labor warranty, and
price
manufacturer's product warranty.
Sub -panel
Add electrical subpanel, properly dispose
$1,650
N/A
replacement /
of old equipment, ensure home includes
installation
capability for future home electrification
and EV readiness, include two additional
reserve breaker spaces above and beyond
electrification readiness, replace circuit
breakers as required, repair and paint
walls to original condition as required,
standard one (1) year labor warranty, and
manufacturer's product warranty.
Install space-
Remove existing 120V standard -width
$250
N/A
saver quad
breaker, install tandem breaker to
breaker (tandem
maximize use of physical space in panel.
breaker)
Program Set Up Costs - Pilot kick off, Develop Pilot documents, Set up and testing of project
invoice submissions and rebate applications.
Larratt Bros set
Includes a maximum of 16 person/hours
N/A
$5,500
up
of meetings for Larratt Bros staff.
Additional meeting time is noted in
Comments section below.
QuitCarbon set
Includes a maximum of 8 person/hours of
N/A
$2,000
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Item 7
Attachment B - Contract
with Larratt Brothers,
up meetings for QuitCarbon staff. Additional Contract S25190354
meeting time is noted in Comments
section below.
Total
N/A
$7,500
Optional Additional Measures
Heat pump water
$10,197
N/A
heater (80 gallon,
240V) -
weeknight,
weekend, holiday
hours
Heat pump water
$8,085
N/A
heater (65 gallon,
240V) -
weeknight,
weekend, holiday
hours
Heat pump water
$7,293
N/A
heater (50 gallon,
240V) -
weeknight,
weekend, holiday
hours
Heat pump water
$10,232
N/A
heater (80 gallon,
120V) -
weeknight,
weekend, holiday
hours
Heat pump water
$8,201
N/A
heater (65 gallon,
120V) -
weeknight,
weekend, holiday
hours
Emergency gas
$500
$1,800
water heater
loaner -
weeknight,
weekend, holiday
hours
Project
Utilizing Plunjr + Larratt Bros call center
N/A
$250
Assessment &
staff, with the benefit of QuitCarbon
estimate - remote
virtual assessments - note that some
- weeknight,
homes will receive this remote project bid
weekend, holiday
during non -weekday business hours
hours
Professional Services
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Item 7
Attachment B - Contract
with Larratt Brothers,
(Optional) Site When Larratt Bros staff go on -site to Contract S25190354 $295
visit for perform assessment and/or prepare a bid
assessment and outside of normal business hours, this
project estimate- additional charge will apply. Note that
weeknight, this charge is instead of, not in addition
weekend, holiday to, the site visits during normal business
hours - upcharge hours that is noted in the first section
above.
Electrician
Per Hour Price. Non-standard labor costs
$400
N/A
Hourly Rate -
will be estimated as part of the Project
weeknight,
Estimate phase.
weekend, holiday
hours
Plumber Hourly
Per Hour Price. Non-standard labor costs
$400
N/A
Rate - weeknight,
will be estimated as part of the Project
weekend, holiday
Estimate phase.
hours
Extended Parts
Include 2 yr warranty from the date of
$500
N/A
and labor
installation
warranty
Meetings, in excess of those listed in project Scope
$150/hour
Parts and labor shall be covered for one year.
$0
Water Heaters installed in basements, attics, or any other
$500-$1,000+
place other than the garage or outside (ground level) closet
shall be accessed with an additional cost. Protection of floors,
walls, or other finishes shall be assessed on an individual basis
and the cost will vary depending on the level of protection
required.
* Note that the Costs to the Customer detailed here are not payable by the City and are only included here to
establish the agreed upon pricing to be charged by CONSULTANT to customers.
Professional Services
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Item 7
Attachment B - Contract
with Larratt Brothers,
EXHIBIT D Contract S25190354
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 C()MPT.TANCF. WITH CITY'S TNSTTRANCF. RFOTTTRFMFNTS AS SPECIFIED HFRFTN_
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 SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS'
COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL
INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONSULTANT'S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE
AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT(c ,CITYOFPALOALTO.ORG
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL
INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
Professional Services
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C.
CROSS LIABILITY
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS
POLICY.
NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE
CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE
OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE
FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
PURCHASINGSUPPORT(a1 CITYOFPALOALTO.ORG
Professional Services
Rev. Jan 29, 2024
Page 11 of38
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Item 7
EXHIBIT E Attachment B - Contract
POLICY AN 3/IT
with Larratt Brothers,
RI 017
Contract S25190354
CITY OF
PALO ALTO
INFORMATION SECURITY POLICY
POLICY STATEMENT
This policy describes the information security policy and procedures for the protection of non-
public information (the "Non -Public Information") created, collected, processed, received,
stored and transmitted by the City of Palo Alto (the "City"). City employees and officials (the
"Users") must maintain the accessibility, availability, confidentiality, integrity and regulatory
compliance of Non -Public Information created, collected, processed, stored and transmitted by
the City. The failure to comply with this policy and procedures could result in substantial
damage, liability or loss in regard to the property or reputation of the City, another Authorized
User, or any person who transacts business with the City, including the City's utility customers,
third party vendors, and other governmental agencies. Authorized Users are obligated to
report loss, damage or disclosure of Non -Public Information or other violation of this policy and
procedure to their supervisor or the Information Security Manager (the "ISM") or other
employee designated by the City's Information Technology Department (the "IT"). Violation of
this policy and procedures, including the failure to report the violation, could include
disciplinary or other action imposed or taken by the City or other affected person in accordance
with Federal, California and City laws, ordinances, rules and regulations.
PURPOSE
Information pertaining to the business of the City, acting in both its governmental and
proprietary capacities, is a vital asset of the City. An Authorized User of Non -Public Information
shall use best efforts to protect the information covered by this policy and procedures from
unauthorized access, availability, alteration, destruction, disclosure, modification or
use. Because the City is required by applicable law to protect the Non -Public Information due
to its sensitive nature and value, an Authorized User of the Non -Public Information shall
exercise reasonable and appropriate care in conforming to applicable laws. This policy and
procedure applies only to an Authorized User's access to and use of Non -Public Information.
PROCEDURES
IT has adopted Information Security Standards (the "Standards") to enforce this policy. IT shall
inform and train authorized users on the requirements contained in this policy and procedures
and the Standards. The authorized user shall comply with the Standards, in conjunction with
this policy.
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Item 7
Attachment B - Contract
POLICY AN 3/IT
with Larratt Brothers,
R 017
Contract S25190354
A. Covered Equipment and Devices
This policy applies to all City -approved, -owned or —leased computer network systems and
peripheral equipment (the "Equipment"), including any mobile communication device (the
"Device"), whether or not owned by an Authorized User, that may be used to create,
collect, process, store and transmit the Non -Public Information.
B. Roles of Information Technology Department and Others
IT, including the Chief Information Officer ("CIO") and the ISM, shall promote information
security awareness within the City government community, and shall receive and maintain
reports of incidents, malfunctions and threats to the City's information technology assets,
which may have a security impact upon the City. The CIO and ISM are also responsible for
developing the Standards.
IT shall be responsible for the design, primary enforcement and maintenance of Non -Public
Information security through education, training and other means. IT shall ensure that the
following control measures and standards are enabled on every Equipment and Device:
Limit physical and login access to the Equipment and the Devices to Authorized Users.
Maintain the most current software patches and anti -virus software for the Equipment and
the Devices.
Enable and use host -based firewalls, as available, to ensure the security of the Equipment
and the Device(s). Perform regular security scans on the Equipment and the Device(s).
C. User Access Control Requirements
1. Do not access Non -Public Information except to the extent you have a need to do so
in order to perform your City duties.
2. Do not disclose or share Non -Public Information with any person who does not have
both a right to access the Non -Public Information and a need to do so in order to
perform their City duties.
3. Do not alter or destroy Non -Public Information except to the extent you are
required or authorized to do so.
4. An Authorized User who has access to Non -Public Information shall protect and
secure that information while the information is in his or her custody in a manner
that is consistent with applicable contract and legal requirements and restrictions
and is reasonable and appropriate to the level of risk, sensitivity or value the Non -
Public Information has to the City.
5. An Authorized User shall maintain the accessibility, availability, confidentiality,
integrity and regulatory compliance of any Non -Public Information that is created,
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Item 7
Attachment B - Contract
POLICY AN 3/IT
with Larratt Brothers,
R 017
Contract S25190354
collected, processed, stored and transmitted by the City on a 24 hours -per -day, 7
days -per -week ("24/7") basis.
6. An Authorized User shall maintain the protection of information assets from
malicious code, including viruses and malware by following the City's incident
management procedures, including detection, prevention, isolation, and recovery
tools.
D. Equipment and Devices Security Control Requirements:
1. Secure your Equipment and Devices by using a screen saver or built-in lock
feature when you are physically away from your office or other work space.
2. Restrict physical access 24/7 to your Equipment and Devices, in particular, your
laptop computer, by a lock and security cable, if the City makes them available.
3. Maintain possession of your Device(s) 24/7 and require a password or fingerprint
to access and use the Device(s).
4. Log out when you cease access and use of Equipment and Device(s).
5. Notify the IT Help Desk and the ISM immediately whenever you become aware
or suspect Non -Public Information, passwords, or other access control
mechanisms have been compromised, disclosed, lost, or stolen.
6. Do not intentionally, recklessly or willfully alter, damage, or misuse any City -
owned or —leased Equipment or Device.
7. The user shall comply with the Policy and the Standards whenever he or she uses
a City Owned Mobile Device ("COMD") and or Employee -Owned Mobile Devices,
also known as Bring Your Own Devices ("BYOD") to conduct the City business.
8. BYODs and COMDs include smartphones, cell phones, tablets PCs (Androids,
iPads, etc.) and user -own laptops. Only authorized BYOD shall have access to the
only authorized City's application systems. The City reserves the right to provide
or withdraw access to the City infrastructure without notice.
E. Utilities' Customer Identity and Credit Security
Federal regulations amending the Fair Credit Reporting Act, including the Fair and Accurate
Credit Transactions Act of 2003 (FACT Act), and the Red Flags Clarification Act of 2010,
protect the Non -Public Information of customers of financial institutions, including utilities,
that are defined as "creditors." These regulations require that consumer's Non -Public
Information, such as credit card data, Social Security Numbers, driver's license numbers, or
similar data be secured by Authorized Users and within the City's data management
systems. Authorized Users are required to report any suspected or real breach of Utilities
Non -Public Information to the ISM immediately. The ISM will identify, detect, prevent and
mitigate the suspected, real or future breaches of security, as required by the regulations.
F. Violations and Enforcement
An Authorized User must report an actual or suspected violation of this policy and
procedures to his or her supervisor and IT. The City will not discipline an Authorized User
Page 3 of 4
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Item 7
Attachment B - Contract
POLICY AN 3/IT
with Larratt Brothers,
R 017
Contract S25190354
for making a good faith report of a potential violation of this policy and procedures or the
Standards.
A violation of this policy will be investigated by the appropriate City staff and if a violation is
established, disciplinary action up to termination from employment may result.
NOTE: Questions regarding this policy should be referred to the Information Technology
Department, as appropriate.
(-DocuSigned by: "'
D7914D9897578424
lw L
Recommended: ...
Approved:
Director Information Technology/CIO
DocuSigned by:
39E7298FB2064DB
City Manager
Page 4of4
12/5/2017
Date
12/13/2017
Date
Item 7: Staff Report Pg. 51 Packet Pg. 242 of 377
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Item 7
CITY O F Attachment B - Contract
PALO A LT C' with Larratt Brothers, Io Alto
Contract 525190354 ecurity
ocument Version: V3.0
Doc: InfoSec 110
EXHIBIT "F"
CYBERSECURITY TERMS AND CONDITIONS
In order to assure the privacy and security of the personal information of the City's customers and
people who do business with the City, including, without limitation, vendors, utility customers, library
patrons, and other individuals and companies, who are required to share such information with the City,
as a condition of receiving services from the City or selling goods and services to the City, including,
without limitation, the Software as a Service services provider (the "Consultant") and its subcontractors,
if any, including, without limitation, any Information Technology ("IT") infrastructure services provider,
shall design, install, provide, and maintain a secure IT environment, described below, while it renders
and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B,
to the extent any scope of work implicates the confidentiality and privacy of the personal information of
the City's customers. The Consultant shall fulfill the data and information security requirements (the
"Requirements") set forth in Part A below.
A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the
City, including connection to the City's IT systems; (b) the Consultant's operations and maintenance
processes needed to support the environment, including disaster recovery and business continuity
planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable
environment and service availability to the City. "IT infrastructure" refers to the integrated framework,
including, without limitation, data centers, computers, and database management devices, upon which
digital networks operate.
In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the
Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing,
one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" as
set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information
Security Manager (the "ISM").
Part A. Requirements:
The Consultant shall at all times during the term of any contract between the City and the Consultant:
(a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the
City with respect to the Services to be performed under this Agreement.
(b) Comply with the City's Information Privacy Policy:
(c) Have adopted and implemented information security and privacy policies that are documented,
are accessible to the City, and conform to ISO 27001/2 — Information Security Management
Systems (ISMS) Standards. See the following:
http://www.iso.org/iso/home/store/cataloque tc/catalogue detail. htm?csnumber=42103
http://www.iso.org/iso/iso catalogue/catalogue tc/catalogue detail. htm?csnu mber=50297
(d) Conduct routine data and information security compliance training of its personnel that is
appropriate to their role.
(e) Develop and maintain detailed documentation of the IT infrastructure, including software
versions and patch levels.
(f) Develop an independently verifiable process, consistent with industry standards, for performing
professional and criminal background checks of its employees that (1) would permit verification
of employees' personal identity and employment status, and (2) would enable the immediate
denial of access to the City's confidential data and information by any of its employees who no
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Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7
Item 7
CITY O F Attachment B - Contract
PALO A LT with Larratt Brothers, Io Alto
Contract 525190354 ecurity
ocument Version: V3.0
Doc: InfoSec 110
longer would require access to that information or who are terminated.
(g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met
or has failed to meet any objective terms and conditions.
(h) Implement access accountability (identification and authentication) architecture and support
role -based access control ("RBAC") and segregation of duties ("SoD") mechanisms for all
personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer
systems security approach to restricting access only to authorized users. "SoD" is an approach
that would require more than one individual to complete a security task in order to promote the
detection and prevention of fraud and errors.
(i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the
Services' environment design and deployment are known to the City, and (2) it has implemented
measures in accordance with industry best practices applicable to secure coding and secure IT
architecture.
(j) Provide and maintain secure intersystem communication paths that would ensure the
confidentiality, integrity, and availability of the City's information.
(k) Deploy and maintain IT system upgrades, patches and configurations conforming to current
patch and/or release levels by not later than one (1) week after its date of release. Emergency
security patches must be installed within 24 hours after its date of release.
(I) Provide for the timely detection of, response to, and the reporting of security incidents, including
on -going incident monitoring with logging.
(m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized
access to or the misuse of the City's confidential data and information.
(n) Inform the City that any third party service provider(s) meet(s) all of the Requirements.
(o) Perform security self -audits on a regular basis and not less frequently than on a quarterly basis,
and provide the required summary reports of those self -audits to the ISM on the annual
anniversary date or any other date agreed to by the Parties.
(p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City's
performance of random site security audits at the Consultant's site(s), including the site(s) of a
third -party service provider(s), as applicable. The scope of these audits will extend to the
Consultant's and its third -party service provider(s)' awareness of security policies and practices,
systems configurations, access authentication and authorization, and incident detection and
response.
(q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and
regulations, and the Confidential Information will be accessible only by the Consultant and any
authorized third -party service provider's personnel.
(r) Perform regular, reliable secured backups of all data needed to maximize the availability of the
Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted
at rest, and the backup stage at the Vendors' environment (including Vendor's contracting
organization's environment).
(s) Maintain records relating to the Services for a period of three (3) years after the expiration or
earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty
(30) days after the effective date of expiration or earlier termination of this Agreement, all of
those records relating to the performance of the Services shall be provided to the ISM.
(t) Maintain the Confidential Information in accordance with applicable federal, state, and local data
and information privacy laws, rules, and regulations.
(u) Encrypt the Confidential Information before delivering the same by electronic mail to the City
and or any authorized recipient.
(v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP
address to the Vendor environment (primarily hosted for the City of Palo Alto).
(w) Offer a robust disaster recovery and business continuity (DR-BCP) solutions to the City for the
systems and services the Vendor provides to the City.
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Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7
Item 7
CITY () F Attachment B - Contract
PALO A LT C' with Larratt Brothers, Alto
Contract 525190354 ecurity
ocumen Version: V3.0
Doc: InfoSec 110
(x) Provide and support Single Sign -on (SSO) and Multifactor Authentication (MFA) solutions for
authentication and authorization services from the "City's environment to the Vendor's
environment," and Vendor's environment to the Vendor's cloud services/hosted environment."
The Vendor shall allow two employees of the City to have superuser and super-admin access
to the Vendor's IT environment, and a cloud -hosted IT environment belongs to the City.
(y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct,
indirect or punitive damages whatsoever including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected with the City's IT environment, including,
without limitation, IT infrastructure communications.
(z) The Vendor must provide evidence of valid cyber liability insurance policy per the City's
EXHIBIT "D" INSURANCE REQUIREMENTS.
Part B. Alternate Requirements:
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Certificate Of Completion
Envelope Id: 89609063B82E438D9D8FCC67956E95A7
Subject: Complete with Docusign: S25190354 Larrett contract final combined.pdf
Source Envelope:
Document Pages: 45 Signatures: 4
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
8/6/2024 10:06:11 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Aaron Gianni
aaron@larrattbros.com
President
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alex Perez
alex@larrattbros.com
Service Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Amy Bartell
Amy. Bartell@CityofPaloAlto.org
Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/16/2015 5:52:40 AM
ID: d8ecb53d-ef81-4016-8886-1560c48de42a
Cecilia Magana
Cecilia.Magana@CityofPaloAlto.org
Purchasing Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Annmarie Romero
annmarie.romero@cityofpaloalto.org
Pool: StateLocal
Pool: City of Palo Alto
Signature
by:
EDI-Sil"Id
arr, Gtatn.Lu
F64CD050FBB74CD...
Signature Adoption: Pre -selected Style
Using IP Address: 68.251.59.103
Signed using mobile
gned byED—S!
Lt iF Pu"v
BC98D476B5C54EA...
Signature Adoption: Pre -selected Style
Using IP Address: 76.126.2.91
gned by:
ED —Si
°
D0B48F317E9342B...
Signature Adoption: Pre -selected Style
Using IP Address: 172.101.211.187
by:ED,c"Si,n,d
Gi�ia 11La�alnA
3A4AFFC65940442...
Signature Adoption: Pre -selected Style
Using IP Address: 199.33.32.254
Item 7
Attachment B - Contract
with Larratt Brothers, GUSTgn
Contract S25190354
Status: Completed
Envelope Originator:
Annmarie Romero
250 Hamilton Ave
Palo Alto , CA 94301
annmarie.romero@cityofpaloalto.org
IP Address: 199.33.32.254
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 8/6/2024 10:09:11 AM
Viewed: 8/6/2024 10:42:00 AM
Signed: 8/6/2024 10:43:34 AM
Sent: 8/6/2024 10:43:36 AM
Viewed: 8/6/2024 11:44:39 AM
Signed: 8/6/2024 11:46:27 AM
Sent: 8/6/2024 11:46:29 AM
Viewed: 8/6/2024 12:02:17 PM
Signed: 8/6/2024 12:03:25 PM
Sent: 8/6/2024 12:03:27 PM
Viewed: 8/6/2024 5:43:03 PM
Signed: 8/6/2024 5:43:11 PM
Item 7: Staff Report Pg. 55
Packet Pg. 246 of 377
Item 7
Attachment B - Contract
In Person Signer Events
Signature
Timest
with Larratt Brothers,
Editor Delivery Events
Status
Contract S25190354
Timesta
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Diane Bailey
Sent: 8/6/2024 5:43:12 PM
Diane.Bailey@CityofPaloAlto.org
COPIED
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tabatha Boatwright
Sent: 8/6/2024 5:43:13 PM
Tabatha.Boatwright@CityofPaloAlto.org
COPIED
Viewed: 8/8/2024 8:06:48 AM
Utilities Management Analyst
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
8/6/2024 10:09:11 AM
Certified Delivered
Security Checked
8/6/2024 5:43:03 PM
Signing Complete
Security Checked
8/6/2024 5:43:11 PM
Completed
Security Checked
8/6/2024 5:43:13 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
Item 7: Staff Report Pg. 56 Packet Pg. 247 of 377
Electronic Record and Signature Disclosure created on: 10/1/2013 8:33:53 AM
Parties agreed to: Amy Bartell Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
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Item 7: Staff Report Pg. 57 Packet Pg. 248 of 377
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
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Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
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Item 8
Item 8 Staff Report
CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: IT Department
Meeting Date: October 21, 2024
Report #:2408-3351
TITLE
Approval of Contract Amendment No. 3 to Contract No. S18171325 with ESO Solutions for a 5 -
Year Extension, Increasing the Total Not -to -Exceed (NTE) Amount by $150,007 to $277,155 for
the Fire Department's Records Management System (RMS) and Electronic Patient Care
Reporting (ePCR) Software; CEQA Status: Not a Project
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager or their designee
to execute Amendment No. 3 Contract S18171325 with ESO Solutions Inc. (Attachment A) for
Fire Department Operations and Response Management Platform in an amount not -to -exceed
(NTE) $151,007 and extend for an additional 5 -years through September 29, 2029. This
amendment results in a NTE total amount of $277,155.
BACKGROUND
The initial Contract No. S18168886 was awarded under PAMC 2.30.360(i) for a one-year term
from July 10, 2017, to June 30, 2018, with a total value of $7,995. This project aimed to
transition the Palo Alto Fire Department (PAFD) from paper -based patient care reports (PCR) to
an electronic format, aligning with County, State, and National reporting mandates.
Following this, Contract No. S18171325 was awarded under PAMC 2.30.360(d) due to the
absence of alternative sources, with a three-year term from September 30, 2018, to September
30, 2021, totaling $45,000. Amendment no. 1 extended this contract to September 29, 2024,
with a revised NTE amount of $116,148. Subsequently, Amendment no. 2 allocated an
additional $10,000 for optional [HR add-on software and increased reporting services, bringing
the NTE value to $126,148.
ANALYSIS
The Palo Alto Fire Department (PAFD) seeks approval for Amendment No. 3 to Contract No.
S18171325, extending it by five years through September 29, 2029, and increasing the
contract's NTE value by $151,007, totaling $277,155. This extension will ensure continued
Item 8: Staff Report Pg. 1 Packet Pg. 251 of 377
Item 8
Item 8 Staff Report
access to ESO's Records Management System (RMS) and Patient Care Reporting (ePCR)
software, which are integral to the City's Computer -Aided Dispatch (CAD) system. These tools
are essential for maintaining Electronic Health Records (EHR) and National Fire Incident
Reporting (NFIR) data. Despite exploring alternatives, ESO remains the most cost-effective
option, with significantly lower recurring costs and fewer transition expenses.
Following the amendment to the current contract (Amendment 2 term), the PAFD/ITD had
committed to Purchasing to initiate a Request for Proposal (REP) process for a new contract.
City reached out to three vendors—ESO, HealthEMS, and ImageTrend Elite. After comparing
quotes, staff found ESO to be the most cost-effective option. Switching to ImageTrend Elite or
HealthEMS would incur significant additional costs in the first year ($47,523 and $48,608
respectively) and higher annual increases (ESO: 5%, HealthEMS: 6%, ImageTrend Elite: 7%).
Transitioning to a new vendor would involve significant expenses for initial setup, data
migration, and employee training. Given the cost efficiency and PAFD's satisfaction with ESO,
staff recommend continuing the partnership with ESO Solutions, Inc.
ESO provides the most cost-effective solution, with the following annual costs:
o Year 1: $27,779
o Year 2: $28,591
o Year 3: $30,020
o Year 4: $31,521
o Year 5: $33,098
The contract includes a not -to -exceed amount of $10,000 for the performance of any Add-on
Software and/or increased reporting services. The total compensation for the Master
Subscription and License Agreement services, including Add-on Software, will not exceed
$277,155 over the contract term.
Based on operational disruption to the Fire Department, staff executed an exemption from
competitive solicitation under PAMC 2.30.360(b)(2) due to the impracticality of soliciting new
vendors, given the high costs and potential risks involved.
FISCAL/RESOURCE IMPACT
Funding for this contract amendment in FY 2025 is within budgeted levels adopted by the City
Council, no additional funding is requested.
The Information Technology Department is funded by an internal service fund. Approximately
45% of the department is General Fund funded with the remaining 55% funded by Enterprise
and special revenue funds. The cost for this contract is allocated directly to the Fire Department
in the General Fund.
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Item 8 Staff Report
STAKEHOLDER ENGAGEMENT
The services were coordinated with internal stakeholders and the vendor. The Information
Technology Department (ITD) met with PAFD to evaluate their business needs and documented
their must -have features. ITD evaluated alternative solutions, but they would incur significantly
higher initial setup and ongoing expenses. Given ESO's cost-effectiveness and staff's satisfaction
with its performance, ESO remains the preferred choice.
ENVIRONMENTAL REVIEW
The approval of this contract is exempt from review under the California Environmental Quality
Act (CEQA) under CEQA Guidelines section 15061(b)(3) because it can be seen that there is no
possibility that the activity in question may have a significant effect on the environment.
ATTACHMENTS
Attachment A: ESO Solutions Contract S18171325 Amendment No. 3
APPROVED BY:
Darren Numoto, Chief Information Officer
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Docusign Envelope ID: 89DE245A-C133-4998-91 C6-9CE10CF8EBFA
Item 8
Attachment A - ESO
Solutions Contract
(CONTRACT EXTENSION) S18171325 Amendment
No. 3
AMENDMENT NO.3 TO
MASTER SUBSCRIPTION AND LICENSE AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND ESO SOLUTIONS, INC.
(PALO ALTO CONTRACT # S18171325)
This Amendment No. 3 (this "Amendment") to Master Subscription and License Agreement (the
"Agreement" as defined below) is made and entered into as of September 23, 2024 (the "Effective Date")
by and between ESO Solutions, Inc., a Texas corporation having its principal place of business at 11500
Alterra Parkway, Ste 100, Austin, TX 78758 ("ESO"), and the City of Palo Alto, having its principal place
of business at 250 Hamilton Ave., Palo Alto, CA 94301 ("Customer"), (each a "Party" and collectively the
"Parties").
RECITALS
WHEREAS, the Agreement (as defined below) was entered into by and between the Parties for the
provision of software services, as detailed therein; and
WHEREAS, the Parties entered into Amendment #1 in order to extend the term through September 29, 2024
and increase the amount of the Agreement accordingly, as detailed therein; and
WHEREAS, the Parties entered into Amendment #2 in order to allocate a budget in the amount of
Ten Thousand Dollars ($10,000) for optional Electronic Health Record (EHR) Add-on Software application(s)
subscription and increased Reporting Services, as detailed therein
WHEREAS, the Parties now wish to amend the Agreement to extend a 5 -year software extension
subscription for the term through September 29, 2029 with an additional One Hundred Fifty -One Thousand
Seven Dollars and Zero Cents ($151,007) increase compensation value of the Agreement accordingly, as
detailed herein;
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, Customer and ESO mutually agree as follows:
1. Definitions. The following definitions shall apply to this Amendment:
Agreement. The term "Agreement" shall mean the Master Subscription and License
Agreement effectively dated September 30, 2018 between Customer and ESO, as amended
by:
• Amendment No. 1, dated July 27, 2021
• Amendment No. 2, dated March 6, 2023
b Other Terms. Capitalized terms used and not defined in this Amendment shall have the
meanings assigned to such terms in the Agreement.
2. The second sentence of the first paragraph of the Agreement is hereby amended to read as follows:
"This Agreement hereby attaches and incorporates herein the following documents by reference as
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Docusign Envelope ID: 89DE245A-C133-4998-91 C6-9CE10CF8EBFA
Item 8
Attachment A - ESO
Solutions Contract
though fully set forth herein: the General Terms & Conditions, Exhibit A-1, S18171325 Amendment t A -
lc, and Exhibit A-lz (collectively, the "Software Schedules"), EHR Sched1. No.3 it B
("Support Services Addendum"), and Exhibit C ("HIPAA Business Associate Addendum")."
3. Section 5.6 of the Agreement is hereby amended to read as follows:
"5.6 Optional Add-on Software or increased Reporting Services Provision (This provision applies,
only if needed by Customer, for Add -On Software subscription or increased tier Reporting Services
fees. The budget will allocate additional funding to Exhibit A-Iz.)
In addition to recurring compensation specified in Exhibit A-1(b&c), Customer has set aside the not -to -
exceed compensation amount of Ten Thousand Dollars ($10,000) for the performance of any Add-on
Software and/or increased Reporting Services (as defined in Exhibit A-1, Exhibit A -lb, Exhibit A-Ic,
Exhibit A-lzz). The total compensation for performance of the Master Subscription and License
Agreement services and Add-on Software, shall not exceed Two Hundred Seventy -Seven Thousand
One Hundred Fifty -Four Dollars and Ninety Cents ($277,154.90), as detailed in Exhibit A-lz,
Amendment No. 3.
ESO will provide optional "Add-on Software application only by advanced written authorization from
the Customer, which shall be incorporated as a part of this Agreement."
4. Exhibit A-lz to the Agreement, entitled "EXHIBIT A-lz MASTER FEE SUMMARY, AMENDMENT
NO. 2" is hereby deleted and replaced in its entirety with Exhibit A-lz, as attached to this Amendment,
entitled "EXHIBIT A-lz MASTER FEE SUMMARY, AMENDMENT NO. 3 (AMENDED,
REPLACES PREVIOUS)," which is hereby attached and incorporated into this Amendment and into the
Agreement in full by reference.
5. Legal Effect. The Parties agree that the terms and conditions of this Amendment modify the terms and
conditions contained in the Agreement. Except as modified in this Amendment, all other terms and
conditions of the Agreement shall remain in full force and effect. Taken together this Amendment and
the Agreement (including exhibits) constitute the entire agreement between the Parties regarding the
subject matter contained collectively herein.
6. Counterparts: Execution. This Amendment may be executed by the Parties individually or in any
combination, in one or more counterparts, each of which shall be an original and all of which shall
together constitute one and the same agreement. Execution and delivery of this Amendment by the
Parties shall be legally valid and effective through: (i) executing and delivering the paper copy of the
document, or (ii) creating, generating, sending, receiving or storing by electronic means this
Amendment, the execution of which is accomplished through use of the DocuSign® electronic process.
7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully
incorporated herein by this reference.
(REFER TO SIGNATURE PAGE ON NEXT PAGE)
Item 8: Staff Report Pg. 5 Packet Pg. 255 of 377
Docusign Envelope ID: 89DE245A-C133-4998-91 C6-9CE10CF8EBFA
Item 8
Attachment A - ESO
Solutions Contract
IN WITNESS WHEREOF, the undersigned expressly agree and warrant that S18171325 Amendment to sign
and enter into this Amendment on behalf of the Party for which they sign and havd No. 3 dment
as of the Effective Date first written above.
ESO:
Signed by:
'lam M
1 F0C830A7EF4479...
[Signature]
Robert Munden
[Printed Name]
Chief Legal & Compliance Officer
[Title]
9/23/2024
[Date]
CUSTOMER:
[Signature]
Ed shikada
[Printed Name]
[Title]
[Date]
AS TO FORM:
[Signature]
Philip Mai
[Printed Name]
Buyer
[Title]
[Date]
Item 8: Staff Report Pg. 6 Packet Pg. 256 of 377
Docusign Envelope ID: 89DE245A-C133-4998-91 C6-9CE10CF8EBFA
Item 8
Attachment A - ESO
Solutions Contract
EXHIBIT A -1z S18171325 Amendment
MASTER FEE SUMMARY, AMENDMENT NO.3 (AMENDED, No. 3
REPLACES PREVIOUS)
Fee Summary: All Fees (Less Discounts) by Exhibit, Fee Type and Contract Year*
Exhibit A-1
Exhibit A -lb
Contract Year**
Recurring Fees
One-time Fees
Recurring Fees
One-time Fees
Per -Year Subtotals
Contract Year 1
$ 9,665.88
$ 7,725.00
[$ 7,994.30***]
--
$ 17,390.88 (Paid)
Contract Year 2
$ 9,955.86
--
$ 8,234.13
--
$ 18,189.99 (Paid)
Contract Year 3
$10,254.53
--
$ 8,481.15
--
$ 18,735.68 (Paid)
Contract
--
--
$ 2,183.91
--
$ 2,183.91
Year 4
(Paid)
partial
Subtotal (years 1-4)
$29,876.27
$ 7,725.00
$18,899.19
--
$ 56,500.46 (Paid)
Amendment No. 1,
$64,225.46***
Including Exhibit A -lb Contract Year 1 recurring fee (paid)
(Paid)
$7,994.30***
Exhibit A -1c
Recurring Fees
One-time Fees
--
--
Per -Year Subtotals
Contract Year 5
$19,297.76
--
--
--
$19,297.76 (Paid)
(9/30/21 - 9/29/22)
Contract Year 6
$19,876.69
--
--
--
$19,876.69
(9/30/22 - 9/29/23)
(Paid)
Contract Year 7
$20,472.99
--
--
--
$20,472.99
(9/30/23 — 9/29-
(Paid)
2024)
Subtotal (years 5-7)
$59,647.44
--
--
--
$59,647.44
(Paid)
Amendment No. 2 (optional)
Added -on Software or increased Reporting Services,
$10,000 budget
Amendment No. 3
Additional 5-yr Extension Fee for Volume Incidents
ESO EHR
ESO Inspections
ESO Properties
ESO Fire
elestaff
SUB -TOTAL
(Up to
(up to 11,604)
(up to 11,604)
Incidents
integration
11,604)
(up to 11,604)
(up to 11,604)
(i) Contract Year 8
$19,239
$249.83
$299.75
$5,995
$1,995
$27,778.58
(9/30/24 - 9/29/25)
(ii) Contract Year 9
$20,200.95
--
--
$6,294.75
$2,094.75
$28,590.45
(9/30/25 - 9/29/26)
(ii) Contract Year 10
$21,211
--
--
$6,609.49
$2,199.49
$30,019.97
(9/30/26 - 9/29/27)
(ii) Contract Year 11
$22,271.55
--
--
$6,939.96
$2,309.46
$31,520.98
Item 8: Staff Report Pg. 7 Packet Pg. 257 of 377
Docusign Envelope ID: 89DE245A-C133-4998-91 C6-9CE10CF8EBFA
Item 8
Attachment A - ESO
Solutions Contract
(9/30/27 - 9/29/28) I I S18171325 Amendment
(ii) Contract Year 12 $23,385.13 -- -- $7,286.96 $2,424.93 �$33,097.02
(9/30/28 - 9/29/29)
Total not -to -exceed amount of the Agreement (years 1-7)
$116,147.90
(Paid) = $7,994.30 of year 1 and $80,269.33 (Amendment No.1] amending services
(Paid)
of year 5-7, recurring total fees under Exhibit A-1(b&c) during Contract Year 1- 6) ***
Amendment No. 2
$10,000.00****
(Optional) Add-on Software
%mendment No.3
$151,007.00
(i)(ii), Total not -to -exceed amount of the Agreement for 5-yr extension (Years 8
12)
Maximum (including any Add-on Software or increase Reporting Service)
$277,154.90
Total not -to -exceed amount of the Agreement (years 1-12)
* Notwithstanding the foregoing, any Overages, as defined in Section 5.5 ("Audit Rights") of the Agreement, shall be
addressed as provided for in the applicable Software Schedule.
**Contract Years are defined as provided for in the applicable Software Schedule.
*** The $7,994.30 recurring fee under Exhibit A -lb Contract Year 1 is paid. It is noted here but not included in any
calculations except the last sum at the bottom of the table above, provided for informational purposes.
**** Allocated budget set aside for Optional Add-on Software and Reporting Services fee is under Exhibit A-1zz
(Paid) The rendered service fee has been paid.
(i) The Agreement between ESO, Eagle County Health Service District and Public Safety Association, Inc., effective
August 21, 2023, (the Master Agreement) shall govern the Terms and Conditions of this Quote (and upon the expiration
or termination of the Master Agreement, ESO's then -current terms and conditions for such products (as indicated at
www.eso.com) shall apply
(ii) The parties acknowledge and agree that the term of this Agreement (the 'Term') shall have an effective
(Subscription Start Date) of September 30, 2024 and continue for the period of five (5) years renewing on the
anniversary of the Subscription Start Date (Annual Subscription Date)
[With respect to the] The Term of Services for ESO Properties and Inspections (listed herein) annual Recurring Fees shall
be invoiced on a prorate basis from September 30, 2024 through October 31, 2024 (Initial Term). Thereafter, ESO
Properties and Inspections shall automatically terminate after the initial Term; and The Fees, except in the instance of
(Overages), for the Services ordered herein shall be invoiced annually and due on the Annual Subscription Date as
follows:
a. Year One (9/30/24 - 9/29/25) - $27,778.58
b. Year Two (9/30/25 - 9/29/26) - $28,590.45
c. Year Three (9/30/26 - 9/29/27) - $30,019.97
d. Year Four (9/30/27 - 9/29/28) - $31,520.98
e. Year Five (9/30/28 - 9/29/29) - $33,097.02
EHR
Product
Description
ESO EHR
Patient care reporting suite for ALS and Transport EMS agencies, includes EHR web and mobile client, Quality Management,
Basic Personnel Management, Insights Reporting Tool, Analytics, Patient Tracker. Allows for unlimited users, unlimited mobile
applications, live support, state and federal data reporting, ongoing weekly web training, software updates and upgrades.
FIRE
Item 8: Staff Report Pg. 8 Packet Pg. 258 of 377
Docusign Envelope ID: 89DE245A-C133-4998-91 C6-9CE10CF8EBFA
Item 8
Attachment A - ES0
Solutions Contract
S18171325 Amendment
No. 3
Product
Description
ESO Fire
Includes Auto EHR-import or Auto -CAD import, federal NFIRS data reporting, software updates and upgrades.
Incidents
Telestaff
Integration with Telestaff Rostering to place staff on the appropriate calls.
Integration
ESO
Includes the ability to manage multiple code sets, using those to developed customized Check -lists for inspections. The application
Inspections
allows you to schedule, manage, execute and finalize inspections as well as reschedule any required follow up inspections.
ESO
Includes CAMEO integration, Pre -Plan view. Stores property and occupant history (presence of chemicals and tanks, Incidents,
Properties
and previous inspections).
Item 8: Staff Report Pg. 9 Packet Pg. 259 of 377
Item 9
Item 9 Staff Report
CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: October 21, 2024
Report #:2409-3531
TITLE
Adoption of a Resolution Authorizing Grant Applications to the California Department of
Resources Recycling and Recovery (CalRecycle); CEQA status — not a project.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the application for
California Department of Resources Recycling and Recovery (CalRecycle) Grant Funds. This
resolution is required by CalRecycle as part of the grant application.
BACKGROUND
The California Department of Resources Recycling and Recovery (CalRecycle) administers the
Beverage Container Recycling Grant Program pursuant to Section 14581(a)(4) of the Public
Resources Code. The purpose of the grant is to issue up to $1,500,000 annually in the form of
grants for beverage container recycling and litter reduction programs to promote increased
recycling of beverage containers throughout California and reduce beverage container litter in
the waste stream.
The Beverage Container Recycling Grant (BCRG) program seeks to achieve and maintain an 80%
recycling rate for all California Refund Value (CRV) beverage containers, including aluminum,
glass, plastic, and bi-metal. The minimum award for individual grants is $75,000 and the
maximum award for individual grants is $275,000.
ANALYSIS
The City currently holds a contract with Townsend Public Affairs for grant support services.
Following internal discussions, Community Services staff met with Townsend and identified the
CalRecycle Beverage Container Recycling Grant as a viable funding opportunity. Community
Services staff scheduled multiple meetings with Townsend and partnered with ZeroWaste in the
initial discussion of the grant. Staff has identified eligible expenses, including the purchase and
installation of ten (10) ADA-compliant water bottle filling stations if the grant is awarded. The
funding will also support the installation, plumbing, and any necessary infrastructure
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Item 9
Item 9 Staff Report
modifications. These expenses are for the replacement of end -of -life drinking fountains for the
following Parks: Mitchell Park (6), Ramos Park (2), and Robles Park (2) with a 10% contingency.
This project supports the City Council priorities of Community Belonging and Climate Change.
The Grant Program is a competitive process in which applications are evaluated and scored by a
CalRecycle review panel based on the approved Scoring Criteria for the Beverage Container
Recycling Grant Program, FYs 2024-25 and 2025-26.
The grant and funding request application, which is an internal policy and procedure was signed
by Community Services and Administrative Services Directors. The application for the CalRecycle
grant was submitted before the deadline of September 24, 2024. The grant requires the
governing body's approval and applicants to submit a resolution no later than the secondary due
date of October 23, 2024. Failure to submit a resolution by this date will result in the
disqualification of the application by CalRecycle.
The resolution makes certain findings as required by CalRecycle. It authorizes the submission of
grant applications on behalf of the City and designates the City Manager and the Assistant City
Manager to execute any necessary grant documents. The authorization will last five years from
the date of adoption. CalRecycle will send award notifications in March 2025 and grant funds
must be expended by April 1, 2028.
FISCAL/RESOURCE IMPACT
Preparation for the grant application required staff resources, including multiple meetings with
Townsend Public Affairs to ensure the application met all requirements. The City has requested
$165,000 in grant funding and no matching funds are required. If the grant is awarded to the City,
staff will recognize corresponding budget adjustments during the appropriate budget process.
The grant is on a reimbursement basis, which requires City expenditures of funds before being
reimbursed by the state. No net impact on the General Fund or Infrastructure Reserve is
expected. This grant presents a valuable opportunity to replace aging infrastructure, specifically
water bottle filling stations and allows for the installation of modern, ADA-compliant stations,
promoting sustainability and accessibility in public spaces.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because adoption of the resolution
is an organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. CEQA Guidelines section 15061(b)(3).
ATTACHMENT
Attachment A: Resolution Authorizing Submittal of Grant Applications to CalRecycle
APPROVED BY:
Kristen O'Kane, Community Services Director
Item 9: Staff Report Pg. 2 Packet Pg. 261 of 377
NOT YET APPROVED
Resolution No.
Item 9 ment A
Attachment A -
Resolution Authorizing
Submittal of Grant
pplications to CalRecycl
Resolution Authorizing Submittal of Individual Grant Applications and Related
Authorizations for all Grant Programs Offered by CalRecycle
RECITALS
A. The California Public Resources Code authorizes the Department of Resources Recycling
and Recovery (CalRecycle) to administer various Grant Programs; and
B. In furtherance of this authority, CalRecycle is required to establish procedures governing
the administration of the Grant Programs; and
C. CalRecycle grant application procedures require, among other things, an applicant's
governing body to declare by resolution certain authorizations related to the
administration of CalRecycle Grants.
D. In furtherance of this authority, CalRecycle is required to establish procedures governing
the administration of the Grant Programs.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City of Palo Alto is authorized to submit an application to CalRecycle for
all Grant Programs offered.
SECTION 2. The City Manager, the Assistant City Manager, and the City Manager's
designee(s) are hereby authorized as Signature Authority to execute in the name of the City of
Palo Alto all grant documents, including but not limited to, applications, agreements,
amendments, and requests for payment, necessary to secure grant funds and implement the
approved grant project.
//
//
//
//
117_20240926_t524 Item 9: Staff Report Pg. 3 Packet Pg. 262 of 377
NOT YET APPROVED Item 9 ment A
Attachment A -
Resolution Authorizing
Submittal of Grant
SECTION 3. These authorizations are effective for five years from thpplcationstocalRecvch.
l
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Mayor
le1»:t.1YAI103
City Manager
Director of Community Services
Director of Public Works
117_20240926_t524 Item 9: Staff Report Pg. 4 Packet Pg. 263 of 377
Item 10
Item 10 Staff Report
City Council
Staff Report
From: City Manager
CITY O F Report Type: CONSENT CALENDAR
PALO Lead Department: Public Works
ALTO Meeting Date: October 21, 2024
Report #:2410-3550
TITLE
Approval of 1) Increase of Construction Contingency for Contract No. C21178123B with
Swinerton Builders in the Amount Not -to -Exceed $1,000,000; 2) Increase of Construction
Contingency for Contract No. C23186775 with L.D. Strobel Co., Inc. in the Amount of $25,000;
3) Increase of Contingency for Purchase Order No. 4523000432 with Pivot Interiors in the
Amount of $40,000 in the Capital Improvement Fund for the New Public Safety Building Capital
Project (PE -15001); CEQA — Environmental Impact Report for the New Public Safety Building
and New California Avenue Area Garage (Resolution 9772)
RECOMMENDATION
Staff recommends that Council:
1. Approve an increase of construction contingency for Contract No. C21178123B with
Swinerton Builders in the amount not to exceed $1,000,000 for a total contract
contingency amount not to exceed $10,392,800;
2. Approve an increase of construction contingency for Contract No. C23186775 with L.D.
Strobel Co., Inc. in the amount of $25,000 for a total contract contingency amount not
to exceed $66,449; and
3. Approve an increase to the contingency for Purchase Order No. 4523000432 with Pivot
Interiors, Inc in the amount of $40,000 for a total contingency amount not to exceed
$132,169.
BACKGROUND
The New Public Safety Building (PSB) (PE -15001) and New California Avenue Area Parking
Garage (PE -18000) projects are among ten key projects included in the 2014 Council
Infrastructure Plan. The PSB was identified as the plan's highest priority project and is tied
together with the parking garage project with respect to the California Environmental Quality
Act (CEQA). The parking garage opened in December 2020. On February 1, 2021, Council
approved the award of the construction contract for the PSB to Swinerton Builders and
authorized execution and delivery of one series of Certificates of Participation in an amount not
Item 10: Staff Report Pg. 1 Packet Pg. 264 of 377
Item 10
Item 10 Staff Report
to exceed $120 million to finance the PSB construction.' The PSB construction is anticipated to
receive a temporary certificate of occupancy (TCO) in December 2024.
On March 6, 2023, Council approved a construction contract with L.D. Strobel Co., Inc. in the
amount of $455,935 for the purchase and installation of radio antennas.2 On, June 19, 2023,
Council approved a Purchase Order with Pivot Interiors in the amount of $756,021 to provide
cubicle and office furniture for the new PSB.3 On June 17, 2024, Council approved additional
contingencies to the construction contract with Swinerton Builders and the Purchase Order
with Pivot Interiors in the amounts of $1,000,000 and $23,440, respectively.4
ANALYSIS
The PSB is one of the most complex projects that the City has constructed to date. Given its
complexity, since the PSB construction contract was awarded in early 2021, there have been
change orders addressing issues of unforeseen site conditions, owner requested changes,
design clarifications, and required changes due to authorities having jurisdiction, which are
agencies that are responsible for enforcing codes and regulations. In addition, since change
order costs are based on current construction costs rather than bid amounts, the significant
escalation of construction costs over the past several years has impacted the project and the
use of the contingency. On June 17, 20244, Council approved a $1,000,000 additional
contingency amount for the PSB construction contract. As of September 2024, that contingency
has been nearly used on multiple change orders including smoke control for the detention area,
sally port coiling doors, and a number of other items needed to address code compliance and
Americans with Disabilities Act (ADA) matters that are required to receive a TCO. Staff expects
to receive a TCO in the next several weeks and an additional $1,000,000 is recommended to
provide enough contingency authorization to continue to evaluate and process valid change
orders needed for work required for TCO as the project nears completion.
Due to the length of time it has taken to construct the PSB, additional funding authority is
needed for existing contracts.
• For the construction contract with L.D. Strobel Co., Inc., the original contract approved
by Council on March 6, 2023 included base services of $414,486 and $41,449 for
contingency. The existing contingency was used for the installation of additional lighting
1 City Council, February 1, 2021; Agenda Item #4, SR #11752,
https://www.cityofpaloalto.org/files/assets/public/v/3/agendas-minutes-reports/reports/city-manager-reports-
c m rs/yea r -a rc h ive/2021/i d-11752. pdf
2 City Council, March 6, 2023; Agenda Item #6, SR #2301-0886
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip-contracts/sr2301-
0886-3.6.2023-psb-radio-antenna-contract. pdf
3 City Council, June 19, 2023; Agenda Item #9, SR #2304-1375,
https://www.cityofpaloalto.org/files/assets/public/v/1/pu blic-works/engineering-services/cip-contracts/sr2304-
1375-6.19.2023-pivot-one-workplace-pu rchase-orders. pdf
4 City Council, June 17, 2024; Agenda Item #17, SR #2404-2929,
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip-
contracts/s 1b9gof. pdf
Item 10: Staff Report Pg. 2 Packet Pg. 265 of 377
Item 10
Item 10 Staff Report
and ground bars (electrical connections that divert undesirable current to protect
humans and equipment). The additional $25,000 is needed for additional coordination
and ground bars installation.
• For the Purchase Order with Pivot Interiors (Attachment A), the original contract
approved by Council on June 19, 2023 included base services of $687,292 and $68,729
for contingency. On June 17, 2024, Council authorized an additional $23,440 in
contingency for prevailing wage increase and additional storage fees through June 2024.
The additional $40,000 contingency request is for additional costs for increased rates
after July 1, 2024, project management and onsite lead coordination fees, and stair -
carrying and double handling due to constricted space onsite.
Staff is currently working on a contract amendment with the construction manager Cumming
Group, formally known as Nova Partners, Inc., for construction management services through
the end of the project and will bring that contract amendment to Council in November.
FISCAL/RESOURCE IMPACT
The Public Safety Building project (PE -15001) has remained within the design and construction
budget of $115,632,064 stated at the time of the construction contract award. The
recommendations in this report also are within that stated total project cost for design and
construction. There have been overages against this project for salary and benefits costs that
have affected the total project budget of $118.6 million as of the FY 2025 Adopted Budget.
These additional salary and benefit charges total $937,000 and will increase the total project
budget to $119.5 million. These charges will be corrected as part of CMR#2405-3061, Approval
of Fiscal Year 2024 Reappropriation Requests to Fiscal Year 2025, scheduled for Council
approval on October 21, 2024. Once this technical corrective action is approved, the project will
be appropriately budgeted for design and construction expenses of $115,632,064, allowing for
sufficient funding for the recommendations included in this report. Salary and benefits costs for
capital projects are fully budgeted in the Capital Improvement Fund and any additional salary
and benefit needs for this project will be addressed at Fiscal Year 2025 year-end through the
Capital Improvement Fund Administration project (AS -10000).
STAKEHOLDER ENGAGEMENT
Staff provides monthly updates on PSB construction through the PSB's project webpage and
newsletter.
ENVIRONMENTAL REVIEW
An Environmental Impact Report for the PSB and the New California Avenue Area Parking
Garage was prepared and was certified by Council on June 11, 20218, by adoption of Resolution
No. 9772.5
5 Resolution 9772, https://www.cityofpaloaIto.org/files/assets/public/v/1/city-clerk/resolutions/reso-
9772.pdf?t=40475.53
Item 10: Staff Report Pg. 3 Packet Pg. 266 of 377
Item 10
Item 10 Staff Report
ATTACHMENTS
Attachment A: Pivot Purchase Order #4523000432
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
Item 10: Staff Report Pg. 4 Packet Pg. 267 of 377
Vendor Address
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Ship Tn.
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
Palo Alto CA 94301
Rill Tn.
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
4523000432
Date
05/30/2023
Vendor No.
100165
Payment Terms
Payment Due 30 days
FOB Point
F.O.B Destination
Ship via
Vendor to ship best method
Required Date
03/11/2024
Buyer/Phone
Saira Cardoza / 650-329-2327
Email
Saira.Cardoza@CityofPaloAlto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item
Material/Description
Quantity UM
Net Price
Net Amount
"This Second Amended and Restated Purchase Order with Pivot
Interiors, Inc., effective as of 10/21/2024, hereby amends and restates
the Amended and Restated Purchase Order No. 4523000432 dated
06/30/2023 with Pivot Interiors, Inc. This Second Amended and
Restated Purchase Order hereby supersedes that Amended and
Restated Purchase Order dated 06/20/2023."
This City of Palo Alto (City) Purchase Order agreement (PO) with Pivot
Interiors pursuant and subject to Omnia agreement Contract
202000062 PH485, Sourcewell Contract no. 19Z08621 and Omnia
agreement Contract R191819 & R191806 with Pivot Interiors for the
procurement of Herman Miller Office furniture, project management,
procurement of equipment and assembly services as detailed in this PO.
Pivot Interiors, Inc. is an authorized dealer and sub -contractor of
Herman Miller, Inc.
All the furniture is fabricated specifically for the PSB. Installation is part
of the original PO. However, due to delays in the completion of the
Public Safety Building, Contractor has not been able to deliver any
furniture in accordance with the PO and has been storing the furniture.
Storage costs were not covered under the original PO. In addition, due
to the delay in completing the PSB, there is a labor surcharge due to an
increase in prevailing wages from the previous quote for the PO in
2023.
Pivot Interiors, Inc. Department of Industrial Relation Registration
Number is 1000018735.
(MA
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 10: Staff Report Pg. 5 l Packet Pg. 268 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Lf> oR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Ship Tn.
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
Palo Alto CA 94301
Rill Tn.
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
Date
Vendor No.
Payment Terms
FOB Point
Ship via
Required Date
Buyer/Phone
Email
4523000432
05/30/2023
100165
Payment Due 30 days
F.O.B Destination
Vendor to ship best method
03/11/2024
Saira Cardoza / 650-329-2327
Saira.Cardoza aa)CitvofPaloAlto.
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 2 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
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. Contractor 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 ("DIR"). Copies of these rates may
be 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, website (see e.g.
http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time
to time. Contractor 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. Contractor 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 1720, 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.
DIR Registration and Other Requirements.
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 10: Staff Report Pg. 6 l Packet Pg. 269 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Lf> oR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Ship Tn.
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
Palo Alto CA 94301
Rill Tn.
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
Date
Vendor No.
Payment Terms
FOB Point
Ship via
Required Date
Buyer/Phone
Email
4523000432
05/30/2023
100165
Payment Due 30 days
F.O.B Destination
Vendor to ship best method
03/11/2024
Saira Cardoza / 650-329-2327
Saira.Cardoza aa)CitvofPaloAlto.
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 3 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
General Notice to Contractor.
City requires Contractor and its Subcontractors 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. Additional information regarding public works and
prevailing wage requirements is available on the DIR website (see e.g.
http://www.dir.ca.gov) as amended from time to time.
Labor Code section 1771.1(a).
City provides notice to Contractor 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 contactor is registered to perform public work pursuant to
Section 1725.5 at the time the contract is awarded."
DIR Registration Required.
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 10: Staff Report Pg. 7 l Packet Pg. 270 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Lf> oR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Ship Tn.
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
Palo Alto CA 94301
Rill Tn.
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
Date
Vendor No.
Payment Terms
FOB Point
Ship via
Required Date
Buyer/Phone
Email
4523000432
05/30/2023
100165
Payment Due 30 days
F.O.B Destination
Vendor to ship best method
03/11/2024
Saira Cardoza / 650-329-2327
Saira.Cardoza aa)CitvofPaloAlto.
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 4 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
City will not accept a bid proposal from or enter into this Construction
Contract with Contractor without proof that Contractor and its
Subcontractors are registered with the California Department of
Industrial Relations ("DIR") to perform public work, subject to limited
exceptions.
Posting of Job Site Notices; Compliance Monitoring.
City gives notice to Contractor and its Subcontractors that Contractor i
required to post all job site notices prescribed by law or regulation and
Contractor is subject to compliance monitoring and enforcement by
DIR.
Certified Payroll.
Contractor 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 Contractor and its Subcontractors to comply with the
requirements of Labor Code section 1776, including but not limited to:
(i) 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, Contractor and its Subcontractors, in connection with the
Project.
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 10: Staff Report Pg. 8 l Packet Pg. 271 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
LIFOR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Ship Tn.
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
Palo Alto CA 94301
Rill Tn.
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
Date
Vendor No.
Payment Terms
FOB Point
Ship via
Required Date
Buyer/Phone
Email
4523000432
05/30/2023
100165
Payment Due 30 days
F.O.B Destination
Vendor to ship best method
03/11/2024
Saira Cardoza / 650-329-2327
Saira.Cardoza aa)CitvofPaloAlto.
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 5 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
(ii) The payroll records shall be verified as true and correct and shall
be certified and made available for inspection at all reasonable hours at
the principal office of Contractor and its Subcontractors, respectively.
(iii) At the request of City, acting by its Project Manager, Contractor
and its Subcontractors shall make the certified payroll records available
for inspection or furnished upon request to the City's Project Manager
within ten (10) days of receipt of City's request.
0 City requests Contractor and its Subcontractors to submit the
certified payroll records to the City's Project Manager at the end of each
week during the Project.
(iv) If the certified payroll records are not provided as required within
the 10 -day period, then Contractor and its 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
Contractor. This provision supplements the provisions of Section 15
hereof.
(v) Inform the City's Project Manager of the location of Contractor's
and its Subcontractors' payroll records (street address, city and county)
at the commencement of the Project, and also provide notice to the
City's Project Manager within five (5) business days of any change of
location of those payroll records.
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 10: Staff Report Pg. 9 l Packet Pg. 272 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Lf> oR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Ship Tn.
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
Palo Alto CA 94301
Hill Tn.
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
Date
Vendor No.
Payment Terms
FOB Point
Ship via
Required Date
Buyer/Phone
Email
4523000432
05/30/2023
100165
Payment Due 30 days
F.O.B Destination
Vendor to ship best method
03/11/2024
Saira Cardoza / 650-329-2327
Saira.Cardoza aa)CitvofPaloAlto.
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 6 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
This PO is governed by California law without regard to conflict of law
principles. The venue for any dispute under this PO is Santa Clara
County, California.
This PO by reference incorporates the following contract documents
into this PO by reference as though fully set forth herein:
1. Omnia agreement Contract 202000062 PH485
2. Omnia agreement Contract R191819 & R191806
3. Sourcewell Contract 19Z08621
4. Pivot Interiors Quote 411901-01, 411901-02, 411901-03,
411901-04, 411901-05 and 411901-06
5. City of Palo Alto Purchase Order Terms and Conditions
0010
PIVOT Project Management PSB
39,073 USE
1.00
39,073.30
0020
PIVOT Freight & Install PSB
121,957 USE
1.00
121,956.77
0030
PIVOT Materials PSB
526,261 USE
1.00
526,261.33
0040
PIVOT Contingency
108,729 USE
1.00
108,729.14
0050
Addtl Strg Fees & PrvIng Wage
21,480 USE
1.00
21 ,480.00
Sub -Total
817,500.54
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 10: Staff Report Pg. 10 l Packet Pg. 273 of 377
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Lf> oR�1 Tel:(650)329-2271 Fax:(650)329-2468
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Ship Tn.
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
Palo Alto CA 94301
Hill Tn.
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number
Date
Vendor No.
Payment Terms
FOB Point
Ship via
Required Date
Buyer/Phone
Email
4523000432
05/30/2023
100165
Payment Due 30 days
F.O.B Destination
Vendor to ship best method
03/11/2024
Saira Cardoza / 650-329-2327
Saira.Cardoza aa)CitvofPaloAlto.
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 7 of 7
Item
Material/Description
Quantity UM
Net Price
Net Amount
Sales Tax
1,960.05
* * * ORDERING VIA EMAIL
****PRICE HASBEEN QUOTED ****
(I fi1IA Al AAAIA A
Total 819,460.59
vVL�NW • ' Wv f'W1 V4�
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE
SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
Item 10: Staff Report Pg. 11 1 Packet Pg. 274 of 377
TERMS AND CONDITIONS OF PURCHASE
Item 10
Attachment A - Pivot
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all
quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept
any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the
terms and conditions herein which shall prevail over any inconsistent provision in any form or
other paper submitted by Seller. All shipments or services performed shall be deemed to have
been made pursuant hereto. No other terms are acceptable. This P.O., including all
specifications and drawings, shall constitute the entire agreement between the parties unless
modified in writing by City.
CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and
drawings, patterns, and specification supplied or paid for by City shall be and remain City
property and shall be held by Seller for City unless directed otherwise. Seller shall account for
such items and keep them protected, insured, and in good working conditions without
expense to City.
DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of
Seller to meet the delivery dates, specifications, and quantities set forth herein is of the
essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized
by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if
not, such quantities and times are specified pursuant to City's written instruction. Items not
delivered may be canceled without penalty to City. Shipments in greater or lesser quantity
that ordered may be returned at Seller's expense unless written authorization is issued by
City.
PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's
most recent quote or charge to City for such materials, supplies, services and/or installations
unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the
P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed
herein which may be made by Seller at any time prior to the last delivery of goods or services
covered by this P.O.
TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten
(10) days notice in writing to Seller.
(1) Withnnt cap wa City may terminate all or any part of this P.O. without cause. Any
claim by Seller for damages due to termination without cause must be submitted to City
within thirty (30) days after effective date of termination.
(2) For rage If Seller fails to make any delivery in accordance with the agreed delivery
date, delivery schedule, or otherwise fails to observe or comply with any of the other
instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to
any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O.
in writing without any liability of City with respect to Seller at any time during the term of this
P.O. In the event of termination for cause, City may purchase supplies or services elsewhere
on such terms or in such manner as City may deem appropriate and Seller shall be liable to
City for any cost and other expenses incurred by City, which is charged to City.
CHANGES: City shall have the right at any time by written notice via P.O. Change Order to
Seller to make changes in the specifications, the quantity of items called for, delivery
schedules, and requirements covering testing, packaging, or destination. Any claim by Seller
for adjustment under this clause shall be deemed waived unless made in writing with then
(10) days after receipt by Seller of notice of such change. Price increases or extensions of
time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued
by City's Purchasing Manager.
INSPECTION: City shall have the right to inspect and approve or reject any materials,
supplies, services and/or installations upon arrival of notice of completion prior to payment
without regard to the manner of shipment, completion, or any shipping or price terms
contained in this P.O. All materials, supplies, services and/or installations must be furnished
as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies may be returned
for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking,
examining, repacking and reshipping of such materials and/or supplies.
(2) Defective, incorrect and nonconforming services and/or installations may be returned
for credit or refund, at Seller's expense. All of the ahnva nntwith_ctandin jprior paymant by
WARRANTY: Seller expressly warrants that all /or
Purchase Order
installations covered by this P.O. shall:
(1) conform to the specifications, drawing #4523000432 s specified by
City or if none are so specified, to Seller's standard specification or the standards of the
ASTM or ANSI or other national standard organizations;
(2) be new and unless specified to the contrary on the face hereof, will be free from
defects in material and workmanship and will be free of all liens and encumbrances and will
conform to any affirmation of facts made on the container or label;
(3) be adequately contained, packaged, marked, labeled and/or provided in compliance
with all applicable federal and state laws and regulations (including materials deemed
hazardous);
(4) be performed within the rules and regulations of the Occupational Safety and Health
Act of 1970 (as amended);
(5) be produced or transferred or disposed of as required by federal and state laws and
regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials
Control and Hazardous Waste Regulations; and other toxic laws and programs.
Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees
and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or
expense arising in connection with or resulting from Seller's failure to furnish materials or
supplies or perform services that conform with any warranty contained herein.
(6) have good marketable title.
GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.
INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an
independent contractor. Seller shall protect, defend, and indemnify and hold City harmless
against all damages, liability, claims, losses and expenses (including attorney's fees) arising
out of , or resulting in any way from Seller's negligence in providing the goods or services
purchased hereunder or from any act or omission of Seller, its agents, employees, or
subcontractors, Seller shall maintain such public liability insurance, including contractual
liability, automobile and general public liability, (including non -owned automobile liability)
Worker's Compensation, and employer's liability insurance as well adequately protect City
against such damage, liabilities, claims, losses, and expenses (including attorney's fees).
Seller agrees to submit certificates of insurance, evidencing its insurance coverage when
requested by City.
EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in
compliance with the Equal Opportunity Clause required by Executive Order 11246, as
amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action
Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal
opportunity programs.
FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its
control. Seller shall hold such materials, supplies, services and or installations at the direction
of City and shall deliver them when the cause affecting the delay has been removed. City
shall be responsible only for Seller's direct additional costs in holding the goods or delaying
performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed
by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as
they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original
delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of
other customers, which were placed after this P.O.
AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O.
on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or
factor relationship to City. Seller shall be deemed to have the legal authority to enter into this
P.O. with City on behalf of the third party.
INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the
terms of this P.O. and the attached specification with respect to any obligation of Seller, the
provision which impose the greater obligations upon Seller shall prevail.
CITY OF PALO ALTO PAGE 1 OF 3
GDS Rev. 06/22/2016 Item 10: Staff Report Pg. 12 Packet Pg. 275 of 377
TERMS AND CONDITIONS OF PURCHASE
Item 10
Attachment A - Pivot
ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply
with the City's Environmentally Preferred Purchasing Requirements.
(1) Hazardnus Waste
Seller shall take -back all spent or otherwise discarded hazardous products sold to the City by
the Seller if the spent or discarded products are classified as hazardous or universal wastes by
State or Federal regulations. Seller shall provide convenient collection and recycling services
(or disposal services if recycling technology is unavailable) for all universal wastes, which
originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to
City staff upon request. Recycling and reuse of hazardous wastes must occur within the
United States. Universal waste lists and information are available
www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at
http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can
be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650)
496-6980.
(2) Torn Wsste and Pnnnfinn Pra,,Anrine
Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The
City must also meet Municipal Regional Stormwater Permit requirements requiring no visible
impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or
contractor must individually or collaboratively comply with the waste reduction, reuse and
recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller
acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these
requirements, the City will suffer, as a result of Seller's failure, substantial damages which
are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in
addition to all other damages to which the City may be entitled, in the event Seller fails to
comply with the below requirements Seller shall pay City as liquidated damages the amounts
specified below. The liquidated damage amount is not a penalty but considered to be a
reasonable estimate of the amount of damages City will suffer as a result of such
non-compliance.
• Sellers shall adhere to the standard that all printed materials provided to the City that are
generated from a personal computer and printer including, proposals, quotes, invoices,
reports, and public education materials shall be double -sided, printed on a minimum of 30%
post -consumer content paper or greater unless otherwise approved by the City's
Environmental Services Division (650) 329-2117. Materials printed by a professional printing
company shall be a minimum of 30% post -consumer material or greater and printed with
vegetable based inks. Liquidated damages of $30 per document will be assessed by City for
failure to adhere to this requirement.
• All paper packaging must be Forest Stewardship Council (FSC) Certified.
• All primary, secondary and shipping (tertiary) packaging be minimized to the maximum
extent feasible while protecting the product being shipped.
• All primary, secondary and shipping packaging shall be recyclable in the City's recycling
program. A complete list of items accepted for recycling are found at
www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that
does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the
combined product and shipping cost is $235 or less will be assessed by City for failure to
adhere to this requirement.
• Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as
but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not
be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor,
manufacturer, contractor individually or collaboratively does one of the following:
(a) takes the material back at the City's convenience and at no cost to the City, or
(b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of
$235, or a minimum of $50 if the combined product and shipping cost is $235 or less.
o Bioplastics that meet ASTM D6400 standards for compostability may be accepted
with approval from the City's Environmental Services Division subject to local municipal
compost facility requirements.
o If approved by the City's Environmental Services Division, a packaging requirement
may be waived if no other viable packaging alternative exists.
• Reusable/returnable pallets shall be used and additional
I Purchase Order
cost to the City. Seller shall provide documental e of pallets
and/or recycling of broken pallets. Liquidated da #4523000432 of $50 if the
combined product and shipping cost is $262 or less will be assessed by City for failure to
adhere to this requirement.
(3) Fnarny and Water Fffiniennv
Seller shall provide products with an ENERGY STAR, Water Sense or State of California
standard rating, whichever is more efficient, when ratings exist for those products. A life
cycle cost analysis shall be provided to the City upon request and shall at minimum include:
first cost, operating costs, maintenance costs, and disposal costs.
Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and
Utilities programs:
Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4)i^n,adated non
Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing
Requirements will result in Liquidated Damages, according to the table marked Liquidated
Damages on page 3 of this P.O.
CITY OF PALO ALTO PAGE 2 OF 3
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TERMS AND CONDITIONS OF PURCHASE
Item 10
Attachment A - Pivot
Purchase Order
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:
The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated
the amount of liquidated damages for failure to meet the contractually required standards of performance.
#4523000432
aeleveland
Event of Non -Performance
Acceptable Performance Level
Liquidated Damage Amount
(Allowed events per Fiscal Year)
Recycled Paper Use
Failure to use 30% recycled content paper
1
$30 per each document
Recyclable Packaging Materials
Failure of Seller to use secondary and shipping packaging that is recyclable in
1
$235 or a minimum of $50 if the combined product
the City's recycling program.
and shipping cost is $250 or less will be incurred if
this is not adhered to.
Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping
0
$235 or a minimum of $50 if the combined product
packaging
and shipping cost is $235 or less
Pallet Use
1
$262 or a minimum of $50 if the combined product
Failure of Seller to take -back and reuse pallets, recycling only broken pallets,
and shipping cost is $2 or less
at no additional cost to the City.
CITY OF PALO ALTO PAGE 3 OF 3
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Item 11
Item 11 Staff Report
City Council
Staff Report
Report Type: CONSENT CALENDAR
CITY O F Lead Department: City Clerk
PALO
LTO
Meeting Date: October 21, 2024
Report #:2409-3525
TITLE
SECOND READING: Adoption of an Ordinance Updating Palo Alto Municipal Code Chapter 4.64
(Permits for Retailers of Tobacco Products) to Conform with County Amendments and Approval
of the Updated Agreement Between the County of Santa Clara and City of Palo Alto for a
Tobacco Retail Permit Program (FIRST READING: September 23, 2024 PASSED 7-0)
RECOMMENDATION
This item was heard by the City Council on September 23, 2024 for a first reading and was
approved 7-0. No changes were made to the ordinance; it is now before you for a second
reading.
ATTACHMENTS
Attachment A: Ordinance Updating Palo Alto Municipal Code Chapter 4.64 (Permits for
Retailers of Tobacco Products) of Title 4
APPROVED BY:
Mahealani Ah Yun, City Clerk
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Item 11
Attachment A - Ordinance
Not Yet Approved
Updating Palo Alto
Municipal Code Chapter
Ordinance No. 4.64 (Permits for Retailers
Ordinance of the Council of the City of Palo Alto Amending I of Tobacco Products) of
("Permits for Retailers of Tobacco Products") Of Title 4 (Busine Title 4
Regulations).
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The City of Palo Alto and the County of Santa Clara have a partnership to regulate tobacco
retailers and the sale of tobacco products in the City of Palo Alto. The City adopts the
County's relevant ordinance and the County enforces the City's ordinance.
B. The County adopted County Ordinance NS -517.96 in 2022 to amend its tobacco retailing
ordinance. The City intends to make the same changes to its own ordinance through
adoption of this ordinance.
C. This Ordinance amends Palo Alto Municipal Code Chapter 4.64 (Permits for Retailers of
Tobacco Products) to authorize denial of a permit to a Retailer whose permit was
previously revoked; impose conditions on permits to facilitate enforcement; increase
fines for violations; provide for impound and seizure of noncompliant products; require
posting of public notice during any suspension; and clarify the existing prohibition on the
sale of electronic cigarette products.
SECTION 2. The following sections of Chapter 4.64 (Permits for Retailers of Tobacco
Products) of Title 4 (Business Licenses and Regulations) are hereby amended as follows (new text
underlined, deleted text in strikcthrough):
CHAPTER 4.64.
PERMITS FOR RETAILERS OF TOBACCO PRODUCTS
4.64.010 Intent.
(a) This €Chapter is adopted to:
(1) Ensure compliance with the business standards and practices of the €euntyCi�t r;
(2) Encourage responsible retailing of tTobacco Products;
(3) Discourage violations of laws related to tTobacco p.Products, especially those that
prohibit or discourage the sale or distribution of tTobacco p. Products and eElectronic
€Cigarette oProducts to individuals under twenty --one;
(4) Respond to a new wave of addiction to eElectronic €Cigarette Products;
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(5) Reduce vulnerability to unexplained illnesses associated with
€Cigarette Products; and
(6) Protect the public health and welfare.
Item 11
4ttachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
(b) This €Chapter does not expand or reduce the degree to which the acts regulated by
federal or state law are criminally proscribed or alter the penalties provided by such laws.
4.64.020 Definitions.
For the purposes of this €Chapter, the following definitions shall apply:
(a) "Arm's length transaction" means a sale in good faith and for valuable consideration that
reflects the fair market value in the open market between two or more informed and willing
parties, neither of which is under any compulsion to participate in the transaction. A sale
between relatives, related companies or partners, or a sale for which a significant purpose is
avoiding the effect of the violations of this €Chapter is not an arm's length transaction.
(b) "Department" means any department of the City of Pal, Alto or County y of Santa Clara
designated by the city m r to cnforcc or administer this chapter, including the County of
Santa Clara's Department of Environmental Health and any agency or person designated by the
Director of the Department of Environmental Health to enforce or administer the provisions of
this €Chapter.
(c) "Distribute or distribution" means the transfer, by any person other than a common
carrier, of a tTobacco Product to another person for sale or personal consumption.
(d) "Electronic €Cigarette p.Products" means any of the following products:
(1) Any device or delivery system that can be used to deliver nicotine in aerosolized
or vaporized form, including, but not limited to, an e -cigarette, e -cigar, e -pipe, vape pen,
or e -hookah.
(2) Any component, part, or accessory of such a device or delivery system that is used
during its operation.
(3) Any flavored or unflavored liquid or substance containing nicotine, whether sold
separately or sold in combination with any device or delivery system that could be used
to deliver nicotine in aerosolized or vaporized form.
(4) Any product for use in an electronic nicotine device or delivery system whether or
not it contains nicotine or tobacco or is derived from nicotine or tobacco.
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Item 11
attachment A - Ordinanca
Updating Palo Alto
Municipal Code Chapter
(5) Electronic €Cigarette Products shall not include any battery, 4.64(PermitsforRetailers
carrying case, or other accessory not used in the operation of the dl
of Tobacco Products) of
separately. Electronic €Cigarette Products shall not include any pr Title4 en
approved by the United States Food and Drug Administration for sale as a tobacco
cessation product or for other therapeutic purposes where that product is marketed
and sold solely for such approved use. See 21 U.S.C. § 387(a). As used in this
&Subsection, nicotine does not include any food products as that term is defined
pursuant to Section 6359 of the California Revenue and Taxation Code section 6359.
(e) Hearing Officer shall mean the hearing officer appointed by the Department in accordance
with County of Santa Clara Ordinance Code ("County Ordinance Code") section A38-4.
"Impound" means the legal control exercised by the Department over the use. sale
disposal, or removal of any Tobacco Products.
(e#g) "Ownership" means possession of a ten percent or greater interest in the stock, assets,
or income of a business, other than a security interest for the repayment of debt.
Notwithstanding any other definition in this code, an owner means a person who possesses
ownership.
(fgh) "Permit" means a valid permit issued by the Department to a person to act as a retailer.
(g1i) "Retailer" means any person who sells or distributes tTobacco P.Products for any form
of consideration, whether or not they possess a current Permit. Retailing shall mean the doing
of any of these actions. This definition is without regard to the quantity of tTobacco P.Products
sold or distributed.
(i41) "School" means a public or private elementary, middle, junior high, or high school.
(+k) "Sale and sold" includes any sale, exchange, barter or offer for sale.
(fl) "Tobacco gProduct" means (unless specifically noted elsewhere) any product subject to
Subchapter IX (21 U.S.C. § 387 et seq. ("Subchapter IX")) of the Federal Food, Drug, and
Cosmetic Act. (See 21 U.S.C. § 387a(b) (products subject to Subchapter IX); 21 C.F.R. §§ 1100.1-
1100.3 (tobacco products subject to Subchapter IX) and Electronic Cigarette Products.} Products
subject to Subchapter IX include, but are not limited to, cigarettes, cigarette tobacco, roll -your -
own tobacco, smokeless tobacco, cigars, pipe tobacco, and waterpipe tobacco, and cicctr„nic
cigarcttc products. Products that are not subject to Subchapter IX include accessories of
tobacco products, such as, but not limited to, ashtrays, spittoons, and conventional matches
and lighters that solely provide an external heat source to initiate but not maintain combustion
of a tobacco product.
4.64.030 Requirements and prohibitions.
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(a) Permit required. It shall be unlawful for any person to act as a retail
obtaining and maintaining a Permit pursuant to this €Chapter for each lo
Retailing occurs.
Item 11
attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
i.64 (Permits for Retailers
of Tobacco Products) of
Title 4
(b) Lawful business operation. It shall be a violation of this €Chapter for any retailer to violate
any local, state, or federal law applicable to tobacco products or the retailing of such tTobacco
p.Products.
(c) Display of pPermit. Each Permit shall be prominently displayed in a publicly visible place
at the location identified in the Permit.
(d) Notice of minimum age for purchase of tTobacco p.Products. Retailers shall post
conspicuously, at each point of purchase, a notice stating that selling tTobacco pProducts to
anyone under twenty-one years of age is illegal and subject to penalties. Such notice shall be
subject to the approval of the public health d Department.
(e) Positive identification required. No retailer shall sell or distribute a tTobacco Product to
another individual who appcars to be , ndcr thirty years of agc without first examining the
individual's identification to confirm that the individual is at least the minimum age required
under -,State law to purchase and possess the tTobacco Product.
(f) Minimum age for individuals selling tTobacco Products. No individual who is younger
than the minimum age established by state law for the purchase or possession of tTobacco
pProducts shall engage in retailing.
(g) False and misleading advertising prohibited. A retailer without a Permit:
(1) Shall keep all tTobacco Products out of public view.
(2) Shall not display any advertisement relating to tTobacco P.Products that promotes
the -,Sale or dDistribution of such products from the r -Retailer's location or that could
lead a reasonable consumer to believe that tTobacco Products can be obtained at that
location.
(h) Limitation on storefront advertising. No more than fifteen percent of the square footage
of the windows and clear doors of a physical storefront used for Retailing tTobacco Products
shall bear advertising or signs of any sort, and all advertising and signage shall be placed and
maintained in a manner that ensures that law enforcement personnel have a clear and
unobstructed view of the interior of the premises, including the area in which the cash registers
are maintained, from the exterior public sidewalk or entrance to the premises. However, this
latter requirement of this subsection (h) shall not apply to an establishment where there are no
windows or clear doors, or where existing windows are located only at a height that precludes a
view of the interior of the premises by an individual standing outside the premises.
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(i) Flavored Ttobacco p.Products.
Item 11
attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
(1) Except as permitted in paragraph (3) of this subsection (i)no
Title4
v oTrccccnTc�-�rrai i
sell a tTobacco Product containing, as a constituent or additive, an artificial or natural
flavor or aroma (other than tobacco) or an herb or spice, including but not limited to
strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa,
chocolate, cherry, mint, menthol, or coffee, that is a characterizing flavor or aroma of
the tTobacco Product, smoke, or vapor produced by the tTobacco Product.
(2) A tTobacco pProduct shall be subject to a rebuttable presumption that the
product is prohibited by paragraph (1) of this subsection if:
(+A) The product's manufacturer or any other person associated with the manufacture or sale
of tTobacco Products makes or disseminates public statements or claims to the effect that the
product has or produces a characterizing flavor or aroma, other than tobacco; or
(++B) The product's label, labeling, or packaging includes a statement or claim —including any
text and/or images used to communicate information —that the product has or produces a
characterizing flavor or aroma, other than tobacco.
(v) Posts a sign outsidc thc rctail location that cicarly, sufficicntly, and conspicuously informs
thc public that individuals undcr twcnty onc ycars of agc arc prohibitcd from cntcring thc
gUJil aa
wiwiiiuiaui
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Item 11
attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
(j) Vending machines prohibited. No tTobacco pProduct shall be sSold o464 (Permits for Retailershe
public from a vending machine or appliance, or any other coin or token op ofTobacco Products) of I
Title 4
device designed or used for vending purposes, including, but not limited to,
devices that use remote control locking mechanisms.
(k) Prohibition on sSale or 4Distribution of tTobacco pProducts to individuals under twenty-
one. No (Retailer shall sell or distribute any tTobacco -pProduct to any individual who is under
twenty-one years of age.
(I) Prohibition on sSale or 4Distribution of eElectronic ECigarette pProducts. No person,
whether or not issued a permit. shall Sell or Distribute Electronic Ciearette Products.No rctailcr
L
4.64.040 Eligibility requirements for a pPermit.
(a) No pPermit may be issued to authorize cRetailing at or from other than a fixed location.
For example, (Retailing by persons on foot or from vehicles is prohibited.
(b) No pPermit may be issued to authorize (Retailing at a temporary or recurring temporary
event. For example, (Retailing at flea markets and farmers' markets is prohibited.
(c) No pPermit may be issued to authorize (Retailing at any location where the profession of
pharmacy is practiced by a pharmacist licensed by the sState in accordance with the Business
and Professions Code and where prescription drugs are offered for sale.
(d) No pPermit may be issued to authorize (Retailing at any location within 1,000 feet of a
sSchool, as measured by a straight line between any point along the property line of any parcel
on which a sSchool is located and any point along the perimeter of the -PPermit applicant's
proposed business location; provided, however, that the prohibition contained in this
subsection (d) shall not apply to the following:
(1) Any (Retailer of tTobacco pProducts (as such term was defined in the predecessor
Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the (Retailer
obtaineds a pPermit prior to July 1, 2020 pursuant to Sections 4.64.050 and 4.64.060,
and timely reneweds its permit pursuant to Section 4.64.070(b);
(2) Any retailer of electronic smoking devices (as such term was defined in the
predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the
retailer obtaineds a permit prior to July 1, 2020 pursuant to Sections 4.64.050 and
4.64.060, and timely renews its permit pursuant to Section 4.64.070(b); however, any
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such retailer is subject to the prohibition on the sale and distributi
€Cigarette Pproducts established in Section 4.64.030(l); and
Item 11
attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
i.64 (Permits for Retailers
of Tobacco Products) of
Title 4
(3) Any lawfully operating Retailer of tTobacco p.Products that would otherwise
become ineligible to receive or renew a pPermit due to the creation or relocation of a
school.
(e) No Permit may be issued to authorize Retailing at a location which is within 500 feet of
a location occupied by another retailer, as measured by a straight line between any point along
the perimeter of an existing retailer's business location and any point along the perimeter of
the Permit applicant's proposed business location; provided, however, that the prohibition
contained in this subsection (e) shall not apply to:
(1) Any Retailer of tTobacco p.Products (as such term was defined in the predecessor
Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the r -Retailer
obtaineds a Permit prior to July 1, 2020 pursuant to Sections 4.64.050 and 4.64.060,
and timely renews its Permit pursuant to Section 4.64.070(b); and
(2) Any Retailers of electronic smoking devices (as such term was defined in the
predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the
retailer obtaineds a permit prior to July 1, 2020 pursuant to Sections 4.64.050 and
4.64.060, and timely reneweds its permit pursuant to Section 4.64.070(b); however, any
such r -Retailer is subject to the prohibition on the sSale and dDistribution of eElectronic
€Cigarette Products established in Section 4.64.030(l).
(f) Any exemption granted to a r -Retailer pursuant to subsections (d) and (e) shall cease to
apply upon the earlier of the following to occur:
(1) The Retailer fails to timely renew the Permit pursuant to Section 4.64.070(b).
(2) A new person obtains ownership in the business.
4.64.050 Application procedure.
(a) It is the responsibility of each r -Retailer to be informed of all laws applicable to Rietailing,
including those laws affecting the issuance of a Permit. No r -Retailer may rely on the issuance
of a Permit as a determination by the j r or County of Santa Clara that the r -Retailer has
complied with all laws applicable to r -Retailing. A Permit issued contrary to this €Chapter,
contrary to any other law, or on the basis of false or misleading information supplied by a
r -Retailer shall be revoked pursuant to Section 4.64.060.
(b) All Permit applications shall be submitted on a form supplied by the 4Department.
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(c) A permitted retailer shall inform the 4Department in writing of any
information submitted on an application for a permit within fourteen cal€
change.
Item 11
attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
i.64 (Permits for Retailers
of Tobacco Products) of
Title 4
(d) All information specified in an application pursuant to this section shall be subject to
disclosure under the California Public Records Act (Government Code Section 6250 et seq.) or
any other applicable law, subject to the laws' exemptions.
4.64.060 Permit issuance, denial, and revocation.
(a) Upon the receipt of a complete application for a Permit, the application fee, and the
annual Permit fee, the 4Department shall issue a Permit unless substantial evidence
demonstrates that one or more of the following bases for denial exists:
(1) The information presented in the application is inaccurate or false.
(2) The application seeks authorization for Retailing at a location for which this
€Chapter prohibits issuance of a Permit.
(3) The application seeks authorization for (Retailing by a person to whom this
€Chapter prohibits issuance of a Permit.
(4) The application seeks authorization for a Retailer whose Permit has previously
been revoked or who has otherwise violated any provision of this Chapter within the
last 60 months.
(45) The application seeks authorization for r -Retailing that is prohibited pursuant to
this €Chapter (e.g., mobile vending, €Electronic C€igarette Products) or that is unlawful
pursuant to any other law.
(6) The application seeks authorization for Retailing by a Retailer who has failed to
pay any fees, penalties, or reinspection fees required by this Chapter.
(b) A permit shall be revoked if the 4Department finds that one or more of the bases for
denial of a permit under this section existed at the time application was made or at any time
before the permit was issued. Such a revocation shall be without prejudice to the filing of a new
pPermit application.
(c) A permit shall be permanently revoked if the Retailer has committed violations as
specified in section 4.64.130.
4.64.070 Permit term, conditions, renewal, and expiration.
(a) Term of p.Permit. The term of a permit is one year. A Permit is invalid upon expiration.
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Item 11
attachment A - Ordinance
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Municipal Code Chapter
b) Conditions ofePermit. As conditions of Permit issuance and retentid 4.64 (Permits for Retailers
I Allow compliance in
of Tobacco Products) of
Dections as described in Section 4.64.1 Title e 4 4
consent to inspection of all areas and records of a Retailer's business required to effectuate the
purpose of this Chapter, including unlocking and allowing access to any area of Retailer's
business requested by any individual authorized to monitor and facilitate compliance with this
Chapter.
Comply with any order of the Department to impound any product not
authorized to be sold by this Chapter and cooperate with any Departmental seizure of any
product, subject to appeal of those actions.
(3) Failure to comply with these Permit conditions may result in Permit suspension
or revocation as described in Section 4.64.130.
(bc) Renewal of pPermit. The dDepartment shall renew a Permit upon timely payment of
the annual Permit fee provided that the r -Retailer is in compliant^complies with this €Chapter,
as amended. The dDepartment may, in its discretion, agree to renew any expired Permit
within the three-month period following expiration if the r -Retailer pays the annual Permit fee
and applicable late charges. For every calendar month, or fraction thereof, that a r -Retailer fails
to renew an expired Permit, a late charge equal to twenty percent of the annual Permit fee
shall be assessed. A pPermit renewed within three calendar months of expiration shall be
treated as if timely renewed.
(€d) Issuance of p.Permit after revocation or expiration of permit. To apply for a new Permit
more than three calendar months after expiration of a p.Permit or following revocation of a
p.Permit that was wrongly issued, a r -Retailer must submit a complete application for a P.Permit,
along with the application fee and annual Permit fee. The dDepartment shall issue a permit
pursuant to the requirements of Section 4.64.060.
4.64.080 Permits nontransferable.
(a) A Permit may not be transferred from one person to another or from one location to
another. Whenever a new person obtains ownership in a business for which a Permit has been
issued, a new Permit shall be required, but any exemption granted pursuant to Section
4.64.040 shall cease to apply.
(b) Notwithstanding any other provision of this C€hapter, prior violations of this €Chapter at
a location shall continue to be counted against a location and Ppermit ineligibility and
suspension periods shall continue to apply to a location unless:
(1) One hundred percent of the interest in the stock, assets, or income of the
business, other than a security interest for the repayment of debt, has been transferred
to one or more new owners; and
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Attachment A - Ordinance
Not Yet Approved
Updating Palo Alto
Municipal Code Chapter
(2) The €-t Department is provided with clear and convincing ev4.64(PermitsforRetailers n
affidavit, that the business has been acquired in an aArm's 1Length of Tobacco Products) of
Title 4
4.64.090 Permit conveys a limited, conditional privilege.
Nothing in this €Chapter shall be construed to grant any person obtaining and maintaining a
Permit any status or right other than the limited, conditional privilege to act as a -PRetailer at
the location in the city identified on the face of the Permit. All Permits are issued subject to
the €City's right to amend this €Chapter, and r -Retailers shall comply with all provisions of this
€Chapter, as amended.
4.64.100 Fees.
The dDepartment shall not issue or renew a Permit prior tobefore full payment of any
applicable fees. The €itCounty Board of Supervisors shall, from time to time, establish by
resolution or ordinance the fees to issue or to renew a pPermit. The fees shall be calculated so
as to recover the cost of administration and cnforc^mcnt of this €Chapter, including, for
example, issuing a Permit, administering the Permit program, Retailer education, and
routine Retailer inspection and compliance checks d ^"tabor of violations/and
prosccution of violators, but shall not exceed the cost of the regulatory programauthorized by
this €Chapter. All fees and interest earned from such fees shall be used exclusively to fund
administration and enforcement of this €Chapter.
4.64.110 Compliance monitoring.
(a) Compliance with this €Chapter shall be monitored by the dDepartment. In addition, any
peace officer may enforce the penal provisions of this €Chapter. The city managcrDepartment
may designate any number of additional individuals to monitor and facilitate compliance with
this €Chapter.
(b) The 4Department or other individuals designated to enforce the provisions of this
€Chapter shall €he€lemonitor each Retailer at least once per twelve-month period to
determine if the Retailer is complying with all laws applicable to retailing, other than those
laws regulating underage access to tTobacco Products. Nothing in this paragraph shall create a
right of action in any r -Retailer or other person against the €City, the County of Santa Clara, or its
agents.
c) Any Retailer found to be in violation of this Chatter shall oav all costs related to
enforcement to ensure retailer's compliance with this Chapter, including but not limited to,
fees for reinspection to determine compliance after a violation, enforcement costs, litigation
costs, and attorneys' fees in any administrative or civil matter in which the Department prevails
pursuant to Division Al of the County Ordinance Code or any other provision of law.
4.64.120 Prevention of underage sales.
10
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Item 11
attachment A - Ordinance
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Municipal Code Chapter
(a) The 4Department or other departments or individuals designated to'-"1PermitsforRetailers
provisions of this £Chapter shall, of Tobacco Products) of ach
(Retailer at least twice per twelve-month period to determine whether the Title 4
conducting business in a manner that complies with laws regulating youth access to tTobacco
-pProducts. Nothing in this paragraph shall create a right of action in any (Retailer or other
person against the £City, the County of Santa Clara, or its agents.
(b) The £ity-Department or other departments or individuals designated to enforce the
provisions of this Chapter shall not enforce any law establishing a minimum age for tTobacco
-pProduct purchases against an individual who otherwise might be in violation of such law
because of the individual's age ("yYouth 4Decoy") if the potential violation occurs when:
(1) The yYouth 4Decoy is participating in a compliance check supervised by a peace
officer or a code enforcement official of the £City Clara;
(2) The yYouth 4Decoy is acting as an agent of a dDepartment or individual
designated by the £City or County of Santa Clara to monitor compliance with this
£Chapter; or
(3) The yYouth 4Decoy is participating in a compliance check funded in part, either
directly or indirectly through subcontracting, by the £City, the County of Santa Clara, or
the California Department of Public Health.
4.64.130 Penalties for a violation by a iRetailer with a pPermit.
(a) Administrative fine. In addition to any other penalty authorized by law,
a
(Retailer shall pay a fine if the Retailer; or any of the (Retailer's agents or employees, h -a -s
v+efatedviolates any of the requirements, conditions, or prohibitions of this £Chapter,has-pled
guilty, "no contcst" or its cguivolcnt to such a violation, or has admittcd to a such a violation..
{b} Amount of finc. The amount of the administrative fine for each such violation of this
Chapter shall be as follows:
(1) A fine not toexceed one hundred .doll3rS ($100.00) for a first , oI3tion within
twelve month peFio ;A fine not to exceed $1,000 for each violation identified during the
first instance in which the Retailer has committed a violation or violations;
(2) A fine not to e ed two hundred dollars ($200.00) for a ccond violation within a
twelve month p rind; A fine not to exceed $2,500 for each violation identified during a
subsequent instance if the Retailer has committed a previous violation or violations
within a 60 -month period: and
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Item 11
Attachment A - Ordinance
Not Yet Approved
Updating Palo Alto
Municipal Code Chapter
(3) 4.64 (Permits for Retailers
within a twelve month period A fine not to exceed $5,000 for each of Tobacco Products) of
. . . .. .. . .. . . ... Title 4
violations within a 60 -month period.
(Eb) Time period for permit Permit suspension. In addition to any other penalty authorized
by law, the Department may suspend a permit if the Department demonstrates that the
Retailer or any of the Retailer's agents or employees has violated any of the requirements,
conditions, or prohibitions of this Chapter. The period of the suspension shall be as follows:
(1) For a first violation of this chaptcr at a location within any sixty month period, thc
permit shall be suspcndcd for up to thirty calendar days. A suspension not to exceed 30
calendar days for an initial violation.
(2) For a second violation of this chapter at a location within a sixty month period,
the permit shall be suspended for up to ninety calendar days.A suspension not to
exceed 180 calendar days if a Retailer commits a violation or violations during two
instances within a 60 -month period.
(3) For cach additional violation of this chaptcr at a location within any sixty month
period, thepermit shall be suspcndcd for up to ^ ycar.When a permit is suspended
based on a violation of this Chapter, the Department shall post a placard at the physical
location used for Retailine Tobacco Products to notify the eeneral aublic of the
suspension. The placard shall be:
(A) Posted in the front window of the storefront used for Retailing Tobacco Products
within five feet of the front door; or
(B) Posted in a display case mounted on the outside front wall of the physical
location used for Retailing Tobacco Products within five feet of the front door; or
(C) Posted in a location approved by the Department to ensure proper notice to the
general public and to patrons of the physical location used for Retailing Tobacco Products.
(D) Once attached to a building or structure, a placard is not to be removed, altered,
or covered until done so by an authorized representative of the Department or upon written
notification from the Department.
(c) Permanent Permit revocation. In addition to any other penalty authorized by law, the
Department shall permanently revoke a Permit if a retailer commits a violation or violations
during three instances within a 60 -month period.
(d) Waiver or reduction of fines and penalties for first violation. The 4Department may, in its
sole discretion, waive or reduce any fines and penalties for a {Retailer's first violation of any
12
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Item 11
Attachment A - Ordinance
Not Yet Approved
Updating Palo Alto
Municipal Code Chapter
rcquircmcnt, condition, or prohibition ofthis chaptersection, 4.64 (Permits for Retailers
rcgulating youth acccss to tobacco products, if the rRetailer admits the vio ofTobacco Products) of
agrees to forego a hearing on the allegations. Regardless of the dDepartme Title4
penalties for a first violation, the violation will be considered in determining the fines and
suspension periods or revocation pcnaltics for any future violation. This subsection shall not
apply to any violation involving a law regulating youth access to Tobacco Products.
(e) Corrections period. The 4Department shall have discretion to allow a rRetailer a period of
time to correct any violation of any requirement, condition, or prohibition of this £Chapter,
other than a violation of a law regulating youth access to tTobacco pProducts. If the
4Department exercises its discretion to provide a corrections period, and a rRetailer's violation
is corrected within the time allowed for correction, no penalty shall be imposed under this
section.
(f) Written notice of penalties. Whenever a fine is issued and/or a Permit is suspended or
revoked based on a violation of this £Chapter, the 4Department shall provide the rRetailer
written notice of the violation and the fine and suspension or revocation, including when the
suspension or revocation shall take effect.
(g) Appeals. Any penalties imposed under this section may be appealed pursuant to Section
4.64.150 of this Chapter.
h) A timely aooeal shall stay enforcement of the aooealed aenalties until the final
administrative decision of the Department is issued.
4.64.140 Penalties for retailing without a pPermit.
(a) Administrative fine. In addition to any other penalty authorized by law, an administrative
fins and an incligibility r od for application or issuancc of a permit a rRetailer shall 13e
imposed pay a fine if a court of compctcnt jurisdiction dctcrmincs or the 4Department firms
based on a prcpondcrancc of c idcnc^demonstrates; that any the-_ Retailer has
engaged in retailing at a location without a valid Permit, either directly or through the
person''s Retailer's agents or employees. has pled guilty, "no contet"erits eq Tt to such
a The amount of the administrative fine for each violation, or has admitted to such
Hof this Chanter shall be as follows:
(1) A fine not to a ed o c hundred dollars ($100.00) for a first violation within a
twclvc month period; A fine not to exceed $2,500 for each violation identified during
the first instance in which the Retailer has committed a violation efor violations without
a valid Permit;
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Item 11
Attachment A - Ordinance
Not Yet Approved
Updating Palo Alto
Municipal Code Chapter
(2) 4.64 (Permits for Retailers
twelve month n iod• and A fine not to exceed $5,000 for each viol of Tobacco Products) of
Title 4
violations within a 60 -month period without a valid Permit: and
(3) A fine not to exceed five hundred dollars ($500.00) for each additional violation
,.,;thin a twelve month period A fine not to exceed $10,000 for each violation identified
during a subsequent instance after the Retailer has twice committed a previous
violation or violations within a 60 -month period without a valid Permit.
(eb) Time period for Permit ineligibility. The ineligibility period shall be as follows:
(1) For amt an initial violation of this section At a location within any sixty month
period Chapter without a valid Permit, no new pPermit may be issued e -F -to the person
Retailer or the location (unless ownership of the business at the location has been
transferred in an aArm's ILength tTransaction) until thirty calendar days have passed
from the date of the violation.
(2) For a sccond violation of this section at a location within any sixty month n od
,
no ncw permit may bc issucd for thc person or thc location (unless owncrship of thc
arm's
calendar days havepassed from the date of the violation. If a Retailer commits a
violation or violations during two instances within a 60 -month period without a valid
Permit, no new Permit may be issued to the Retailer or the location (unless ownership
of the business at the location has been transferred in an Arms Length tTransaction)
until one year has gassed from the date of the second violation.
(3) For each addition -,l violation of this section at a location If a Retailer commits a
violation or violations during three instances within an- sxy6O-month period without a
valid Permit, non permit may be issued for the person r the Retailer and the
location (unless ownership of the business at the location has been transferred in an
aArm's ILength tTransaction) shall be permanently ineligible for a Permit. until one year
has passed from the date of the violation.
(4c) Waiver of 4or reduction of fines and penalties for first violation. The 4Department may,
in its sole discretion, waive or reduce any fines and penalties for a retailer's first violation of this
section, unless thc violation also involves a violation of a law rcgulating youth acccss to tobacco
products, if the (Retailer admits the violation in writing and agrees to forego a hearing on the
allegations. Regardless of the 4Department's waiver of fines or penalties for a first violation, the
violation will be considered in determining the penalties for any f„t„r violation fines and
suspension periods or revocation for any future violation. This subsection shall not apply to any
violation involving a law regulating youth access to Tobacco Products.
14
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Item 11
Attachment A - Ordinance
Not Yet Approved
Updating Palo Alto
Municipal Code Chapter
(ed) Written notice of penalties. Whenever a fine is issued and/or a jaPe4.64(PermitsforRetailers
pursuant to this section, the dDepartment shall provide the Retailer writt of Tobacco Products) of
and suspension, including when the suspension shall take effect. Title4
(#e) Appeals. Any penalties imposed under this section may be appealed pursuant to Section
4.64.150.
4.64.150 Appeals.
(a) Any FRetailer served with a written notice of mss -violation may request an
administrative hearing to appeal the existence of the violation, the amount of the fine, alder
the length of #ie-a suspension, a revocation of a Permit, the sustained impoundment of
Tobacco Products, and/or seizure of Tobacco Products by returning a completed hearing
request form to the Office of the County Hearing Officer within ten days from the date of the
written notice of penalties.
(b) The FRetailer shall include the following in or with the hearing request form:
(1) A statement indicating the reason the (Retailer contests the written notice of
penalties;
(2) Any evidence the FRetailer wants the #Hearing eOfficer to consider;
(3) An advance deposit of the amount of any fine challenged; and
(4) The address of the FRetailer and, if available, an email address that can be used
for contact and correspondence by the Office of the County Hearing Officer and the
Department. The FRetailer may request service of notice by mail.
(c) The hearing request form shall be deemed filed on the date received by the Office of the
County Hearing Officer. A timely appeal shall stay enforcement of the appealed penalties while
the appeal is ongoing.
(d) After receiving a timely hearing request form, the Hearing Officer shall notify the
4Department as soon as practicable and then shall schedule an administrative hearing. The
Office of the County Hearing Officer shall provide the FRetailer and the 4Department at least
ten calendar days' written notice of the date, time, and place of the administrative hearing and
the name of the hHearing eOfficer who will conduct the hearing. The notice shall be given to
the FRetailer either by email, if requested, or by first class mail, postage prepaid.
(e) Between the time the FRetailer requests the administrative hearing and the time of the
1 Hearing eOfficer's decision, the FRetailer, the 4Department, and each of their representatives
15
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Item 11
Attachment A - Ordinance
Not Yet Approved
Updating Palo Alto
Municipal Code Chapter
shall not engage in ex parte communications with the Office of the County4.64(PermitsforRetailers
the hHearing eOfficer regarding the matters at issue in the hearing. of Tobacco Products) of
Title 4
(f) The hearing shall be conducted by the hHearing eOfficer on the date, time, and place
specified in the notice to the r -Retailer. A r -Retailer's failure to appear at the hearing shall
constitute an abandonment of the hearing request and a failure to exhaust administrative
remedies as a precedent to judicially challenge the existence of the violation and the imposition
of the fine and suspension.
(g) At the hearing, the Retailer and the c[Department shall have the opportunity to present
evidence, including witnesses, relevant to the hHearing eOfficer's determination of the matter.
Neither the provisions of the Administrative Procedure Act (Government Code Section 11500 et
seq.) nor the formal rules of evidence in civil or criminal judicial proceedings shall apply to such
hearing. The hHearing eOfficer may admit any evidence, including witnesses, relevant to the
determination of the matter, except as otherwise provided in Section 4.64.160(c).
(h) The written notice of penalties and any other reports prepared by or for the
dDepartment concerning the violation shall be admissible and accepted by the hHearing
eOfficer as prima facie evidence of the violation and the facts stated in those documents.
(i) The hHearing eOfficer may continue the hearing from time to time, in teethe
Hearing Officer's sole discretion, to allow for its orderly completion of the hearing. After
receiving the evidence submitted at the hearing, the hHearing eOfficer may further continue
the hearing and request additional information from either the 4Department or the f -Retailer.
(j) After considering the evidence and testimony submitted the hHearing eOfficer shall issue
a written decision regarding the matters properly raised in the request for administrative
hearing. The hHearing eOfficer's decision shall:
(1) Be based on a preponderance of the evidence.
(2) Include a statement of the reasons for the decision.
(3) Be issued within twenty calendar days of the close of the hearing.
(4) Be served on both the r -Retailer and the 4Department. The decision shall be given
to the r -Retailer either by email, if requested, or by first class mail, postage prepaid.
(k) Based on the hHearing eOfficer's decision, the Office of the County Hearing Officer shall
promptly refund to the r -Retailer any amount of the advance fine deposit the 4Department is
not entitled to and shall provide the remainder to the dDepartment.
(I) The hearing officer's written decision shall constitute the final administrative decision-ef
thc-eity
16
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Not Yet Approved
4.64.160 Enforcement.
(a) Any violation of this EChapter is hereby declared to be a public nuisa
Item 11
attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
EChapter shall also constitute a violation of this EChapter.
(c) Whenever evidence of a violation of this EChapter is obtained in any part through the
participation of an individual under the age of twenty-one years old, such an individual shall not
be required over his or hcrtheir objection to appear or give testimony in any civil or
administrative process brought to enforce this EChapter and the alleged violation shall be
adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(d) Violations of this EChapter may be remedied by a legal action brought by the c
attorney e -r -County of Santa Clara Office of the County Counsel pursuant to 4Division Al of the
Ordinance Code of the County of Santa Clara, including, bu t„ t limited to, administrative
For the purposes of the civil remedies provided
in this chapter, each day on which a tobacco product is offered for sSale in violation of this
EChapter, and each individual retail tobacco product that is sSold or 4Distributed in violation of
this EChapter, shall constitute a separate violation of this EChapter.
(e) Impoundment.
1) Based upon inspection findines or other evidence. the Department may impound
Tobacco Products that are suspected of being or found to be offered for sSale or Distribution in
violation of this Chapter. The Department may affix a label to the product that shall be
removed only by the Department followine final written determination by the Department as
described below.
(2) No impounded Tobacco Products shall be used, removed, disposed, or offered
for Sale unless the impoundment has been released. The decision by the Department may be
appealed pursuant to the procedures set forth in Section 4.64.150.
(3) Within 30 days of final determination whether the impounded products are
authorized for sale under this Chapter, the Department shall release the impounded materials
or order that unauthorized. impounded product shall be destroyed and properly disposed of at
the cost of the Retailer.
(f) Seizure. Tobacco Products offered for sale in violation of this Chapter are subject to
seizure by the Department and shall be forfeited after the Retailer of the Tobacco Products
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Item 11: Staff Report Pg. 18 Packet Pg. 295 of 377
Not Yet Approved
seized is given reasonable notice and an o
rtunity to demonstrate that
Item 11
attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
i.64 (Permits for Retailers
of Tobacco Products) of
Title 4
shall be destroyed and properly disposed of at the cost of the Retailer after all internal appeals
have been exhausted and after the time in which to seek judicial review pursuant to Section
4.64.150 of this Chapter has expired.
(g) All Retailers are responsible for the actions of their employees relating to compliance
with this Chapter. The sale, offer to sell, or furnishing of any Tobacco Products by an employee
shall be considered an act of the Retailer.
(fh) The remedies provided by this €Chapter are cumulative and in addition to any other
remedies available at law or in equity.
4.64.170. No conflict with federal or state lawNo conflict with fcdcraI or state
Iawlnterpretation
Nothing in this €Chapter shall be interpreted or applied so as to create any requirement,
power, or duty that is preempted by, or in conflict with, federal or state law, rules, or
regulations.
(b) Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of
a Tobacco Product by any person not engaged in the retailing of such products.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act ("CEQA"), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment.
//
//
//
//
11620240822 ts24
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Not Yet Approved
SECTION 5. This ordinance shall be effective 31 days after ado
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Mayor
/e1»,091T �iJ
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
City Manager
Director of Public Works
Chief of Police
Director of Administrative Services
11620240822 ts24
19
Item 11: Staff Report Pg. 20
Packet Pg. 297 of 377
Item 12
Item 12 Staff Report
City Council
Staff Report
Report Type: CONSENT CALENDAR
CITY O F Lead Department: City Clerk
PALO
ALTO Meeting Date: October 21, 2024
Report #:2409-3526
TITLE
SECOND READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14,
18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning
District Map, and Rezoning of Parcels Within the NVCAP area (FIRST READING: September 23,
2024 PASSED 6-1 Kou no; PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6-1, Kou no)
RECOMMENDATION
This item was heard by the City Council on August 5, 2024 for a first reading and was approved
6-1, Kou no. Following the City Council's review on August 5, 2024, two changes were proposed
to the subject ordinance that staff believes consistent with prior Council direction. These changes
arguably introduce new or refined policy direction and therefore staff re -introduced the
ordinance as first reading on September 23, 2024; the ordinance passed 6-1, Kou no. No changes
were made, and the ordinance is now before you for a second reading.
ATTACHMENTS
Attachment A: Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70,
and 16.65
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 12: Staff Report Pg. 1 Packet Pg. 298 of 377
***NOT YET APPROVED***
Ordinance No.
Item 12
attachment A - Ordinance
adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65
Ordinance of the Council of the City of Palo Alto Adding Chapter 18.29(Nor Ventura
(NV) District Regulations) and Amending Chapters 18.14 (Housing Incentives), 18.24
(Contextual Design Criteria and Objective Design Standards), 16.65 (Citywide
Affordable Housing Requirements) to Implement the North Ventura Coordinated Area
Plan (NVCAP) and 18.70.040 (Nonconforming use — Discontinuance)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On November 13, 2017, the City Council for the City of Palo Alto (City) certified a Final
Environmental Impact Report (EIR) for the City of Palo Alto 2030 Comprehensive Plan through
Resolution No. 9720, made findings in relation to the Final EIR, adopted a mitigation monitoring
and report plan (MMRP), and adopted a statement of overriding considerations through
Resolution No. 9721 and adopted the City of Palo Alto 2030 Comprehensive Plan through
Resolution No. 9722.
B. The City of Palo Alto 2030 Comprehensive Plan Policy L-1.7 and Program L-4.10 calls for the
preparation of a plan for the North Ventura and surrounding California Avenue area in order to
establish the future of the North Ventura area as a walkable neighborhood with multi -family
housing, ground -floor retail, a public park, creek improvements, and an interconnected street
grid.
C. On November 6, 2017, the City Council adopted a Resolution No. 9717 to initiate the local
planning process for a North Ventura Coordinated Area Plan in accordance with Palo Alto
Municipal Code Section 19.10.020.
D. On April 30, 2018, the City Council appointed a total of 14 members of the working group to advise
the staff, boards/commissions, and the Council during the preparation of the plan.
E. The City conducted extensive community outreach in multiple languages since the NVCAP process
has initiated in November 2017 including 17 meetings of the NVCAP Working Group; several
community pop-up events; numerous meeting with stakeholders including school district,
commercial property owners and tenants, interest groups in housing and transportation; two
community workshops; one meeting of the Architectural Review Board (ARB); two meetings of
the Historic Resources Board (HRB); six meetings of the Planning and Transportation Commission
(PTC); and seven meetings of the City Council.
F. Pursuant to the provisions and requirements of CEQA and CEQA Guidelines Section 15163, the
City as lead agency, prepared a Supplemental Environmental Impact Report to the 2017
Comprehensive Plan Final EIR (SEIR) to analyze the potential environmental impacts resulting
from adopting the NVCAP.
G. On May 8, 2024, the PTC held a duly and properly noticed public hearing to consider a draft of the
SEIR and the NVCAP, and recommended that the City Council adopt the draft NVCAP.
H. On August 5, 2024, the City Council conducted a duly and properly noticed public hearing to take
public testimony, consider the SEIR, reviewed the NVCAP and all pertinent maps, documents and
exhibits, including the staff report, and all attachments, and oral and written public comments.
I. On August 5, 2025, the City Council adopted the NVCAP and certified SEIR and other
environmental documents associated with the NVCAP.
0160143_kb2 20240826_ay16
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***NOT YET APPROVED***
J. The City Council now desires to adopt modifications to the Palo Alto Muni
the NVCAP.
Item 12
achment A - Ordinance
ding Chapter 18.29 and
Amending Chapters
16.65
ent
SECTION 2. Chapter 18.29 (North Ventura (NV) District Regulations) of Title 18 (Zoning) of the
Palo Alto Municipal Code is added to read as follows:
CHAPTER 18.29
NORTH VENTURA (NV) DISTRICT REGULATIONS
18.29.010 Purpose
18.29.020 Applicability of Regulations
18.29.030 Zoning Districts
18.29.040 Definitions
18.29.050 Permitted Uses
18.29.060 Development Standards
18.29.070 Parking and Loading
18.29.080 Context -Based Design Criteria and Objective Design Standards
18.29.090 Housing Incentive Programs for NV District
18.29.010 Purpose
The purpose of the North Ventura district is to implement the vision and framework of the North
Ventura Coordinated Area Plan (NVCAP) through use regulations and development standards.
18.29.020 Applicability of Regulations
(a) The North Ventura districts shall apply to properties within the NVCAP and designated as North
Ventura Coordinated Area Plan within the Palo Alto Comprehensive Plan. Where designated, the
regulations set forth in this chapter shall apply in lieu of the comparable provisions established by the
underlying zoning district regulations.
(b) Refer to the NVCAP for design guidelines related to streets and buildings in conjunction with the
regulations contained within this chapter.
18.29.030 Zoning Districts
The North Ventura districts shall apply to properties designated on the zoning map by the symbol "NV" in
front of the zoning district designation.
The following zoning districts are intended to create and maintain sites for residential, commercial and
mixed -use sites:
(a) Single Family Residential District (NV -R1)
The NV -R1 single family residential district is intended to create, preserve, and enhance areas suitable for
detached dwellings with a strong presence of nature and with open area affording maximum privacy and
opportunities for outdoor living and children's play. Minimum site area requirements are established to
create and preserve variety among neighborhoods, to provide adequate open area, and to encourage
quality design. Accessory dwelling units, junior accessory dwelling units and accessory structures or
0160143_kb2 20240826_ay16
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Item 12
Attachment A - Ordinance
***NOT YET APPROVED***
Adding Chapter 18.29 and
Amending Chapters
buildings are appropriate. Community uses and facilities are allowed to the exten 18.14, 18.24, 18.70, and sing
would result. 16.65
(b) Two Family Residential District (NV -R2)
The NV -R2 two-family residential district is intended to allow a second dwelling unit, under the same
ownership as the initial dwelling unit, in areas designated for single-family use or NVCAP by the Palo Alto
Comprehensive Plan, under regulations that preserve the essential character of single-family use.
Community uses and facilities are allowed to the extent no net loss of housing would result.
(c) Medium Density Multiple -Family Residential District (NV -R3)
The NV -R3 medium density multiple -family residential district is intended to create, preserve and enhance
neighborhoods for multiple -family housing with better transition to lower density residential districts.
Projects at this density are intended for larger parcels that will enable developments to provide their own
parking spaces and to meet their open space needs in the form of garden apartments or cluster
developments. While there is no maximum density in the NV -R3 residential district, the NVCAP anticipates
realistic development yields ranging from 16 to 30 dwelling units per acre based on the applicable
development standards.
(d) High Density Multiple -Family Residential District (NV -R4)
The NV -R4 high density multiple -family residential district is intended to create, preserve and enhance
locations for apartment living at the greater density deemed appropriate for NVCAP. The most suitable
locations for this district are along major transportation corridors which are close to mass transportation
facilities and major employment and service centers. While there is no maximum density in the NV -R4
residential district, the NVCAP anticipates realistic development yields ranging from 61 to 100 dwelling
units per acre based on the applicable development standards.
(e) Low Density Mixed -Use District (NV-MXL)
The purpose of the NV-MXL district is to allow for small-scale commercial and services with limited amount
of residential that is compatible with the surrounding development. While there is no maximum density
in the NV-MXL district, the NVCAP anticipates realistic development yields ranging from three to 17
dwelling units per acre.
(f) Medium Density Mixed -Use District (NV-MXM)
The purpose of the NV-MXM district is to allow for a compatible mix of residential and limited commercial.
While there is no maximum density in the NV-MXM district, the NVCAP anticipates realistic development
yields ranging from 31 to 70 dwelling units per acre.
(g) High Density Mixed -Use District (NV-MXH)
The purpose of the NV-MXH district is to allow for a mix of retail, restaurant, entertainment and
commercial uses on the ground floor with residential on the upper floors, while maintaining a pedestrian -
oriented streetscape. It is intended that the active ground floor retail space required will ensure
neighborhood -oriented retail and services are provided within walking distance of high density
residential. Ground floor active uses are required along El Camino Real. While no maximum density in the
3
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***NOT YET APPROVED***
NV-MXH district, the NVCAP anticipates realistic development yields ranging from
per acre.
(h) Public Facilities District (NV-PF)
Item 12
achment A - Ordinance
ding Chapter 18.29 and
Amending Chapters
16.65
nits
The NV-PF public facilities district is designed to accommodate governmental, public utility, educational,
and community service or recreational facilities. Within the North Ventura area, an approximate one -acre
portion of the NV-PF district may permit a 100% affordable housing project.
18.29.040 Definitions
For the purposes of this chapter, the following definitions shall apply:
(a) "Street yard" means a yard adjoining a street lot line and may also be a front lot line.
18.29.050 Permitted Uses
(a) The uses of land allowed by this chapter in each zoning district are identified in the following tables.
Land uses that are not listed in the tables are not allowed, except where otherwise noted. Where the last
column on the following tables ("Subject to Regulations in") includes a section number, specific
regulations in the referenced section also apply to the use; however, provisions in other sections not
specifically referenced may apply as well.
TABLE 1: PERMITTED AND CONDITIONALLY PERMITTED USES
P = Permitted Use
CUP = Conditional Use Permit Required
TUP = Temporary Use Permit Required
— = Not Permitted
LAND USE
NV-
NV-
NV-
NV-
NV-
NV-
NV-
NV-
Subject to
R1
R2
R3
R4
MXL
MXM
MXH
PF
Regulations
(1)(5)
(5)
In:
ACCESSORY AND SUPPORT USES
Accessory facilities
P
P
P
P
P
P
P
—
18.40
and activities
18.10.080
customarily
18.12.080
incidental to the
permitted use
Accessory Dwelling
P
P
P
P
P
P
P
—
18.09
Unit & Junior
Accessory Dwelling
Unit when
accessory to
primary and
permitted
residential use
Home Occupations,
P
P
P
P
P
P
P
P
18.42
when accessory to
0160143_kb2 20240826_ay16
Item 12: Staff Report Pg. 5 Packet Pg. 302 of 377
4
Item 12
* NOT YET APPROVED 'K''AttachmentA-Ordinance
Adding Chapter 18.29 and
Amending Chapters
LAND USE
NV-
NV-
NV-
NV-
NV-
NV-
NV-
18.14, 18.24, 18.70, and
R1
R2
R3
R4
MXL
MXM
MXH
16.65
S
In:
(1)(5)
(5)
permitted
residential use
Horticulture,
P
P
P
P
P
P
P
—
Gardening, and
Growing of food
products for
consumption by
occupants of a site
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Private Clubs,
—
—
—
CUP
CUP
—
—
—
Lodges, or Fraternal
Organizations,
excluding any such
facility operated as
a business for profit
Private Educational
CUP
CUP
CUP
CUP
CUP
P
P
—
Facilities
Religious
CUP
CUP
CUP
CUP
P
P
P
—
Institutions
OFFICE USES(2)
Administrative
—
—
—
—
P
P
P
—
18.29.050(a)
Office Services
Medical Offices
—
—
—
—
P
P
P
—
18.29.050(a)
Professional and
—
—
—
—
P
P
P
—
18.29.050(a)
General Business
Offices
PUBLIC/QUASI-PUBLIC
USES
Community Centers
CUP
CUP
CUP
CUP
—
—
—
CUP
(3)
Utility Facilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
—
essential to
provision of utility
services but
excluding
construction or
storage yards,
maintenance
facilities, or
corporation yards.
RECREATION USES
Neighborhood
—
—
CUP
CUP
—
—
—
CUP
Recreational
(3)
Centers
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Item 12: Staff Report Pg. 6 Packet Pg. 303 of 377
Item 12
*** NOT YET APPROVED ***
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
LAND USE
NV-
NV-
NV-
NV-
NV-
NV-
NV-
18.14, 18.24, 18.70, and
R1
R2
R3
R4
MXL
MXM
MXH
16.65
s
In:
(1)(5)
(5)
Commercial
—
—
—
—
CUP
CUP
CUP
CUP
Recreation
(3)
Outdoor Recreation
CUP
CUP
CUP
CUP
—
CUP
CUP
CUP
Services
(3)
Youth Clubs
—
—
—
—
—
—
—
CUP
(3)
RESIDENTIAL USES
Single -Family
P
P
—
—
—
—
—
—
Two -Family
P
P
—
—
—
—
—
—
18.42.180
Multiple -Family
—
—
P
P
P
P
P
p(4)
Residential Care
P
P
P
P
P
P
P
—
Homes
RETAIL USES
Eating and Drinking
—
—
P
P
P
P
P
CUP
18.40.160,
Services, except
(3)
18.29.050(c)
drive-in and take-
out services
Personal Services
—
—
P
P
P
P
P
CUP
18.40.160,
and Retail Services
(3)
18.29. 050(c)
of a neighborhood -
serving nature
Liquor stores
—
—
—
—
—
P
P
—
18.40.160,
18.29. 050(c)
SERVICE USES
Animal Care,
—
—
—
—
P
P
P
—
18.29. 050(c)
excluding boarding
and kennels
Convalescent
—
—
—
CUP
P
P
P
—
Facilities
Day Care Centers
CUP
CUP
CUP
P
P
P
P
—
18.40.160
Large Family Day
P
P
P
P
P
P
P
p(3)
Care Homes
Small Family Day
P
P
P
P
P
P
P
p(3)
Care Homes
Large Adult Day
CUP
CUP
P
P
P
P
P
p(3)
Care Homes
Small Adult Day
P
P
P
P
P
P
P
p(3)
Care Homes
Financial Services
—
—
—
—
P
P
P
—
18.29.050(a)
18.29.060(b)
General Business
—
—
—
—
P
P
P
—
18.29. 050(a)
Services
18.29.060(b)
Hotels
—
—
—
—
—
P
P
—
18.40.160,
18.16.060(d)
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Item 12: Staff Report Pg. 7 Packet Pg. 304 of 377
Item 12
*** NOT YET APPROVED ***
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
LAND USE
NV-
NV-
NV-
NV-
NV-
NV-
NV-
18.14, 18.24, 18.70, and
R1
R2
R3
R4
MXL
MXM
MXH
16.65
5
In:
(1)(5)
(5)
Personal Services
—
—
—
—
P
P
P
—
18.40.160,
18.29. 050(c)
18.29.060(b)
AGRICULTURAL AND OPEN SPACE
USES
Park uses and uses
—
—
—
—
—
—
—
P
incidental to park
operation
All facilities owned
—
—
—
—
—
—
—
P
or leased, and
operated or used,
by the City of Palo
Alto, the County of
Santa Clara, the
State of California,
the government of
the United States,
the Palo Alto
Unified School
District, or any
other
governmental
agency, or leased
by any such agency
to another party
Utility Facilities
—
—
—
—
—
—
—
CUP
TEMPORARY USES
Temporary Uses
—
—
TUP
TUP
—
—
—
—
18.42.050
Farmer's Markets
—
—
—
—
—
CUP
CUP
—
Temporary Parking
—
—
—
—
—
CUP
CUP
CUP
Facilities, provided
(3)
that such facilities
shall remain no
more than five
years
Notes:
(1) For NV-MXL zoning district, the total floor area of non-residential uses permitted and conditionally
permitted on a lot shall not exceed 5,000 square feet.
(z) For office uses, total floor area of permitted office uses on a lot shall not exceed 5,000 square feet.
(3) Provided such use is conducted on property owned by the City of Palo Alto, the County of Santa
Clara, the State of California, the government of the United States, the Palo Alto Unified School
District, or any other governmental agency, and leased for said uses.
(4) Only a 100% Affordable Housing Project is permitted. Development shall follow NV -R4 standards.
(5) Ground floor uses shall comply with the ground floor edge framework set forth in NVCAP section
2.3.
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Item 12: Staff Report Pg. 8 Packet Pg. 305 of 377
*** NOT YET APPROVED ***
(a) Office Use Restrictions
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65
(1) Conversion of Ground Floor Housing and Non -Office Commercial to Office Medical, Professional,
and Business offices shall not be located on the ground floor, unless any of the following apply to such
offices:
(A) Have been continuously in existence in that space since September 23, 2024 and as of such date,
were neither non -conforming nor in the process of being amortized pursuant to Chapter 18.30(l);
(B) Occupy a space that was not occupied by housing, neighborhood business service, retail services,
personal services, eating and drinking services, or automotive service on September 23, 2024 or
thereafter;
(C) Occupy a space that was vacant on September 23, 2024; or
(D) Are located in new or remodeled ground floor area built on or after September 23, 2024 if the
ground floor area devoted to housing, retail services, eating and drinking services, and personal services
does not decrease.
(E) Along El Camino Real, the office use has a consistent flow of in -person customers visiting the
business, such as a dentist or medical office.
(2) Size Restrictions on Office Uses in the NV District
(A) Total floor area of permitted office uses on a lot shall not exceed 5,000 square feet.
(b) Late Night Use and Activities
Late Night Use and Activities requirements established in Section 18.42.040 shall apply to NV zoning
districts.
(c) Active Ground Floor Commercial Uses
The NVCAP requires active ground floor uses along the El Camino Real corridor and encourages active
ground floor uses on other designated streets. Active uses are activities and functions that promote social
engagement, vitality, and interaction within a community. Refer to NVCAP, Section 2.3 for detailed
requirements.
(1) Active ground floor commercial uses generally include retail, personal services, neighborhood
business service, and eating and drinking establishments. These may also include other active uses such
as daycare, building lobbies, spaces accessory to residential uses such as fitness rooms, workspaces,
leasing offices, bicycle facilities (Class I) with direct access to the sidewalk. Office uses may be included
only to the extent they are permitted in ground floor regulations, are consistent with 18.29.080(a) and
have a regular flow of in -person customers.
(2) Ground floor commercial uses are required for properties with frontage along El Camino Real, as
shown in the NVCAP Section 2.3 (Ground Floor Edges)
(3) Ground floor commercial uses shall have a minimum floor to ceiling height of 14 feet.
8
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*** NOT YET APPROVED ***
Item 12
achment A - Ordinance
ding Chapter 18.29 and
Amending Chapters
(4) Retail or retail -like at the ground floor is required at the intersections of El 18.14, 18.24, 18.70, and live
Avenue, and El Camino Real and Portage Avenue. 16.65
(5) 100% affordable housing projects are exempt from providing ground floor commercial uses.
18.29.060 Development Standards
(a) The following tables specify the development standards that shall apply to NV district properties.
Where the last column on the following tables ("Subject to Regulations in") includes a section number,
specific regulations in the referenced section also apply to the development standard; however,
provisions in other sections may apply as well.
TABLE 1: LOW DENSITY RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
NV -R1
NV -R2
Subject to
Regulations In:
Minimum Setbacks
Setback lines imposed by a special
18.10.050
setback map pursuant to Chapter
20.08 of this code may also apply
Street yard (ft)
Pepper Ave:
Olive Ave:
18.29.020(b)
10' to create a
10'
12' effective
sidewalk width
(1)
Olive Ave:
10'
Height (ft)
35'
35'
Parking
Refer to
18.29.070
Other development standards
See regulations
See regulations
in Chapter 18.12
in Chapter 18.10
Notes:
(1) The effective sidewalk width includes the pedestrian clear zone and landscape/furniture zone as
described in PAMC 18.24.020.
TABLE 2: MULTI -FAMILY RESIDENTIAL & MUTLI-FAMILY RESIDENTIAL MIXED -USE DEVELOPMENT
STANDARDS
DEVELOPMENT STANDARD
NV -R3
NV -R4
Subject to
Regulations
In:
Minimum Site Specifications
Site Area (ft2)
8,500
Site Width (ft)
70
Site Depth (ft)
100
Minimum Setbacks
Street Yard (ft)
Park Blvd.: 15'
Park Blvd.: 15'
18.29.020(b)
Ash St: 5'
Olive Ave.: 20'
Acacia Ave: 5'
Ash St.: 5'
Portage Ave: 5'
9
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*** NOT YET APPROVED ***
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
DEVELOPMENT STANDARD
NV -R3
NV -R4 18.14, 18.24, 18.70, and
16.65 S
In:
Page Mill Rd:
sufficient to create a
12' effective
sidewalk width(2)(3)
Interior Side Yards (ft)
5'
5'
Interior Rear Yards (ft)
10'
10'
Build -to -Lines
50% of frontage built to setback(')
33% of side street built to setback(')
Maximum Height (ft)
Standard
45'
65'
18.29.100
Daylight Plane, for side and rear lot
10' initial height
lines for sites abutting any NV -R1 or
45 -degree daylight plane angle
NV -R2 district or abutting a site
containing a single-family or two-
family residential use in a mixed -use
district
Daylight Plane, for side and rear lot
Refer to 18.24.050(b)(1)(C)
lines for sites abutting any NV -R3,
NV -R4, Planned Community, or
mixed -use district that does not
contain a single-family or two-family
residential use
Maximum Lot Coverage (%)
Base
60
80
Additional area permitted to be
5
5
covered by covered patios or
overhangs otherwise in
compliance with all applicable
laws
Floor Area Ratio (FAR)
Maximum Residential FAR
1.5:1
3.0:1
Maximum Non-residential FAR
0.15:1
0.15:1
18.29.050(c)
Total Mixed -Use FAR
1.5:1
3.0:1
Residential Density (net units per acre)
Maximum units per acre
None
None
Minimum units per acre
16
61
Minimum Landscape/Open Space
30
10
Coverage (%)(4)
Minimum Usable Open Space (ft2
150
150
per unit)
Minimum Common Open Space (ft2
75
75
per unit)
Minimum Private Open Space (ft2
50
50
per unit)
10
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DEVELOPMENT STANDARD
*** NOT YET APPROVED ***
NV -R3
Item 12
achment A - Ordinance
ding Chapter 18.29 and
Amending Chapters
NV -R4 118.14, 18.24, 18.70, and
l 16.65
In:
Landscape Requirements 18.40.130
Parking Refer to 18.29.070
Notes:
(1) 25 -foot driveway access permitted regardless of frontage.
(2) No parking or loading space, whether required or optional, shall be located in the first 10 feet
adjoining the street property line of any required yard.
(3) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped
screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in
height shall be constructed along any common interior lot line.
(4) Landscape coverage may be provided above the ground -floor.
TABLE 3: MIXED -USE DEVELOPMENT STANDARDS
DEVELOPMENT
NV-MXL
NV-MXM
NV-MXH
Subject to
STANDARD
Regulations
In:
Minimum Site
None Required
Specifications
Site Area (ft2)
Site Width (ft)
Site Depth (ft)
Minimum Setbacks
Street Yard (ft)
Ash St.: 5'
El Camino
Park Blvd: 15'
18.29.020(b)
Olive Ave.: 10'
Real: sufficient
El Camino Real:
Portage Ave: 0'
to create a 12'
sufficient to
Pepper Ave: 10'
effective
create a 12'
sidewalk
effective
width(1)(2)
sidewalk
El Camino
width(1X2)
Real: sufficient
Oregon
to create a 12'
Expy/Page Mill
effective
Rd: sufficient to
sidewalk
create a 12'
width('02)
effective
Pepper: 10'
sidewalk(1)(2)
Olive Ave 10'
Lambert Ave: 5'
Ash St: 5'
Acacia Ave: 5'
Park Blvd: 15'
Portage Ave: 5'
Lambert Ave:
5'
Portage Ave:
5'
Acacia Ave: 5'
11
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Item 12: Staff Report Pg. 12 Packet Pg. 309 of 377
*** NOT YET APPROVED ***
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
DEVELOPMENT
NV-MXL
NV-MXM
NV -M 18.14, 18.24, 18.70, and
STANDARD
16.65 s
In:
Build -to -Lines
None
For properties abutting El Camino
Real:
50% of frontage built to setback(')
33% of side street built to
setback(')
Rear Yard (ft)
10'
10' for
10' for
residential
residential
portion/ none
portion/ none
for commercial
for commercial
portion
portion
Rear Yard abutting
10'
10'
10'
residential zone district
(ft)
Interior Side Yard (ft)
10'
5'
5'
Build -to -lines
None Required
Permitted Setback
Refer to Section 18.40.070
Encroachments
Maximum Setback (ft)
Not applicable
El Camino
El Camino Real:
Real: 10'
10'
Maximum Lot Coverage
50
100
100
(%)
Minimum
20
10
10
Landscape/Open Space
Coverage (%)
Usable Open Space
150 per unit
18.16.090
(Private and/or
Common) (ft2)
Maximum Height (ft)
18.29.100
Standard
35'
55'
65'
Ground Floor Height
Refer to Section 18.24.060(c)(5)(A)
Daylight Plane for lot
Daylight plane height and slope shall be identical to
lines abutting one or
those of the most restrictive residential zoning district
more residential zoning
abutting the lot line
districts
Residential Density (net units per acre)
Maximum units per
None Required
acre
Minimum units per
3
31
61
acre
Floor Area Ratio (FAR)
Maximum Residential
0.5:1
2.0:1
3.0:1
FAR
Maximum Non-
0.25:1
0.25:1
0.25:1
18.29.050(c)
residential FAR(4)
18.29.060(c)
12
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Item 12: Staff Report Pg. 13 Packet Pg. 310 of 377
*** NOT YET APPROVED ***
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
DEVELOPMENT
NV-MXL
NV-MXM
NV -M 18.14, 18.24, 18.70, and
STANDARD
16.65 s
In:
Minimum Mixed -Use
0.15:1
0.15:1
0.15:1
18.29.050(c)
Ground Floor
Commercial FAR
Total Mixed -Use FAR
0.5:1(4)
2.0:1
3.0:1
Parking
Refer to 18.29.070
Notes:
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet
adjoining the street property line of any required yard.
(2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped
screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in
height shall be constructed along any common interior lot line.
(3) The 150 -foot measurement may be reduced to 50 feet at minimum, subject to approval by the
Planning Director, upon recommendation by the Architectural Review Board pursuant to criteria set
forth in Chapter 18.76.
(4) As provided in 18.29.060(c), maximum FAR for hotels shall be 2.0:1. Hotel projects in the NV-MXL
zone may reach a Total Mixed -Use FAR of 2.0:1.
(b) Storefront Guidelines
Where active use and retail frontages are required or located within the NV district on the ground floor,
the following design standards shall apply:
(1) Exterior windows on the ground floor shall use transparent glazing to the extent feasible. Low -e
glass or minimal tinting to achieve sun control is permitted, so long as the glazing appears transparent
when viewed from the ground level.
(2) Window coverings are not permitted on the ground floor during typical business hours. Where
operations preclude transparency (e.g., theaters) or where privacy requires window coverings, sidewalk -
facing frontage shall include items of visual interest including displays of merchandise or artwork; visual
access shall be provided to a minimum depth of three (3) feet.
(3) No more than 10% of the total street -facing building facade or a maximum of 25 feet in width,
whichever is greater, shall be dedicated to mechanical equipment rooms, parking garage entrances, exit
stairs, and other facilities necessary for building operation.
(c) Hotel Regulations
(1) The purpose of these regulations is to allow floor area for development of hotels more than floor
area limitations for other commercial uses, to provide a visitor -serving use that results in an enhanced
business climate, increased transient occupancy tax and sales tax revenue, and other community and
economic benefits to the city.
(2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0:1, subject to the
following limitations:
13
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*** NOT YET APPROVED ***
Item 12
achment A - Ordinance
ding Chapter 18.29 and
Amending Chapters
(A) The hotel use must generate transient occupancy tax (TOT) as provide 18.14, 18.24, 18.70, and the
Palo Alto Municipal Code; and 16.65
(B) No room stays more than thirty days are permitted, except where the city council approves
longer stays through an enforceable agreement with the applicant to provide for compensating revenues.
(3) Hotels may include residential condominium use, subject to:
(A) No more than twenty-five percent (25%) of the floor area shall be devoted to condominium use;
and
(B) No more than twenty-five percent (25%) of the total number of lodging units shall be devoted
to condominium use; and
(C) A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s); and
(D) Where residential condominium use is proposed, room stays for other hotel rooms shall not
exceed thirty (30) days.
(4) Violation of this chapter is subject to enforcement action for stays more than thirty days not
permitted under the provisions of this chapter, in which case each day of room stay more than thirty days
shall constitute a separate violation and administrative penalties shall be assessed pursuant to Chapters
1.12 and 1.16.
18.29.070 Parking and Loading
All projects shall comply with the parking and loading standards in PAMC Chapters 18.52 and 18.54, unless
a parking reduction is permitted pursuant to state law. If a reduction in automobile parking is permitted
under Government Code Section 65863.2, a project will be subject to the requirement to provide electric
vehicle spaces and accessible parking spaces that would have otherwise applied to the development if
Government Code Section 65863.2 did not apply.
18.29.080 Context -Based Design Criteria and Objective Design Standards
In addition to the development standards prescribed in 18.29.050, all Housing Development Projects shall
comply with the objective standards outlined in Chapter 18.24, as defined herein. All other developments,
and Housing Development Projects that elect to deviate from one or more objective design standards in
Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to
the Architectural Review process. In the event of any conflict between the development standards
established in this Chapter and those established in Chapter 18.24, the NVCAP standards shall prevail.
(a) Multiple Family Context -Based Design Criteria
Refer to Section 18.13.060 for the Context Based Design Criteria.
(b) Mixed -Use and Commercial Context -Based Design Criteria
Refer to Section 18.16.090 for the Context Based Design Criteria.
18.29.090 Housing Incentive Programs for NV District
14
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Item 12
*** NOT YET APPROVED *** AttachmentA- Ordinance
Adding Chapter 18.29 and
Amending Chapters
(a) Housing development projects in the NV Districts may utilize any Housin 18.14, 18.24, 18.70, and or
Affordable Housing Incentive Program set forth in Sections 18.14.030 and 18.14.0 16.65
18.29.100 Non -conforming Uses and Non -Complying Facilities
(a) Office Use.
(1) Any office use that is the most recently operating use and any office facility established prior
to the effective date of this ordinance may remain as legal and non -conforming use and/or
non -complying facility.
(2) The legal and non -conforming office use described in subdivision (a)(1) shall be considered
abandoned and may be replaced only by a conforming use if it ceases and thereafter
remains discontinued for up to 24 consecutive months after the effective date of this
ordinance.
(3) A non -conforming office use which is changed to or replaced by a conforming use shall not
be reestablished, and any portion of a site or any portion of a building, the use of which
changes from a legal non -conforming use to a conforming use, shall not thereafter be used
except to accommodate a conforming use.
(4) The legal and non -conforming office use and/or non -complying office facilities shall be
permitted to remodel, improve, or replace site improvements on the same site, for
continual use and occupancy by the same use, provided such remodeling, improvement, or
replacement complies with all of the following:
(A) Shall not result in increased floor area.
(B) Shall not relocate below grade floor area to above grade portions of the building.
(C) Shall not result in an increase of the height, length, building envelope, building footprint
or any other increase in the size of the improvement. For purposes of this section,
"building envelope" shall mean the three-dimensional shape and size occupied by an
existing building. It is not the maximum, buildable potential of the site.
(D) Shall not increase the degree of noncompliance.
(E) The Director may approve minor changes to the building's footprint, height, length, and
the building envelope through Architectural Review of minor aesthetic architectural
improvements and to improve pedestrian -orientation provided there is no increase to
the degree of any non -complying feature.
(b) Any other uses or facilities rendered non -conforming or non -complying by this Chapter shall be
subject to Chapter 18.70, including the schedules for required termination of non -conforming uses
under Section 18.70.070.
18.29.110 Transportation Demand Management Plan
A transportation demand management plan shall be required for all new development projects or any
projects that meet the conditions listed in PAMC Section 18.52.030(i).
15
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Item 12: Staff Report Pg. 16 Packet Pg. 313 of 377
*** NOT YET APPROVED ***
SECTION 3. Table 1 of Section 18.14.020 (Housing Element Opportur
18.14 (Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is
follows (additions underlined):
Table 1
Housing Element Opportunity Site Development Standards
(Residential and Commercial Mixed Use Districts)
Item 12
achment A - Ordinance
ding Chapter 18.29 and
Amending Chapters
16.65
Base Zoning
Maximum Far(')
Minimum
Residential Density
Other
District
Landscape
(du/ac)14)
Development
Coverage
Standards
Residential
Total
Minimum
Maximum
CC(2)
1.5
2.0
(3)
20
See base
district
See base district
regulations:
CC
1.25
1.25
(3)
20
regulation
s: 18.16.0
60
18.16.060
CS (El Camino
Real)
1.25
1.25
(3)
20
CS (Other)
1.25
1.25
(3)
20
See HE
Appendix
D
CN (El Camino
1.25
1.25
30%(3)
20
See base
Real)
district
regulation
s: 18.16.0
60
CN (Other)
1.25
1.25
30%(3)
20
See HE
Appendix
D
CD -C
2.0
2.0 (2)
(3)
20
See base
See base district
district
regulations:
regulation
18.18.060
s: 18.18.0
60
CD -N
1.5
1.5
(3)
20
See HE
Appendix
D
RP
1.25
1.25
(3)
25
None; 40
See base district
du/ac
regulations:
anticipate
18.20.040
d
RM-40
1.5
1.5
(3)
31
See base district
regulations:
RM-30
1.25
1.25
(3)
20
16
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Item 12: Staff Report Pg. 17 Packet Pg. 314 of 377
Item 12
'K''AttachmentA-Ordinance
' " NOT YET APPROVED
Adding Chapter 18.29 and
Amending Chapters
RM-20 1.25 1.25 See 18.13.0 20 See 18.14, 18.24, 18.70, and
40 AppAppei
16.65
D
NV -R3 See base district regulations: 18.29.060, except that maximum height shall be 50',
maximum lot coverage shall be 70%, and minimum density shall be 25 du/ac.
Notes:
(1) Nothing in this table increases the non-residential floor area permitted in any district.
(2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details.
(3) Landscape coverage may be provided above the ground -floor. If standard is not specified, refer to
base district regulations.
(4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined
by estimating the realistic development capacity of the site based on the objective development
standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory
for specified densities.
SECTION 4. Section 18.24.010 (Purpose and Applicability) of Chapter 18.24 (Contextual
Design Criteria and Objective Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is
amended to read as follows (additions underlined, and unchanged text omitted by bracketed ellipses):
18.24.010 Purpose and Applicability
(a) Purpose
[...]
(b) Applicability of Regulations
These regulations apply to Housing Development Projects (as defined in Gov. Code 65589.5), both new
construction and renovations, within the following zones and combining districts:
(1) Chapter 18.12: R-1, for multiple -family uses only
(2) Chapter 18.13: RM-20, RM-30, RM-40
(23) Chapter 18.16: CN, CC, CC(2), CS
(.4) Chapter 18.18: CD -C, CD -S, CD -N
(45) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM
(§6) Chapter 18.28: PF
(7) Chapter 18.29: NV -N3, NV -R4, NV-MXM, NV-MXH
(68) Chapter 18.34: PTOD combining district
Housing Dcvcl„pmcnt Prof, cts include ..-.Multifamily housing with three or more units ("multiple -family
use" as defined in Section 18.04.030), supportive and transitional housing, and residential mixed -use
projects with at least two-thirds residential square footage shall meet the objective design standards.
(c) Process and Alternative Compliance
17
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Item 12: Staff Report Pg. 18 Packet Pg. 315 of 377
*** NOT YET APPROVED ***
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65
SECTION 5. Section 18.70.040 (Nonconforming use — Discontinuance) of Chapter 18.70
(Nonconforming Uses and Noncomplying Facilities) of Title 18 (Zoning) is amended to read as follows
(additions underlined):
18.70.040 Nonconforming use - Discontinuance.
(a) On any site having facilities thereon valued at less than one thousand dollars, any nonconforming
use, other than a residential use, which is discontinued or abandoned or otherwise ceases
operation and use of the site for a period of six months or longer shall not be resumed,
reestablished, or continued, and all subsequent use of such site and facilities thereon shall
conform to this title.
(b) On any site not subject to subsection (a), a nonconforming use of facilities designed and
constructed for nonresidential purposes which is discontinued or abandoned or otherwise ceases
operation and use of the site for a period of one year or more shall not be resumed, and all
subsequent use of such site and facilities thereon shall conform to this title. Notwithstanding the
foregoing, a nonconforming use within the North Ventura Coordinated Area Plan boundaries may
be reestablished unless the use is discontinued or abandoned or otherwise ceases operation and
use of the site for a period of two years or more.
(c) Notwithstanding the provisions of Section 18.70.030, or the provisions of subsections (a) and (b)
of this section, in any residential district, a nonresidential, nonconforming use occupying facilities
originally designed and constructed for residential use which is discontinued or abandoned or
otherwise ceases operation and use of the site for a period of ninety days or greater shall not be
continued or recommenced, and any subsequent use of the site and facilities shall conform to this
title. This provision shall not be construed to prevent a change of ownership or management of
such nonconforming use; provided, that any cessation of operation of the use is solely in
connection with the transfer of ownership or management to a specifically designated person or
entity and is solely for the purpose of accomplishing any transfer of title, equipment, operational
control, or similar purpose.
(d) The timeframes provided in this Section apply only when a use is both nonconforming and
discontinued or abandoned or otherwise cease operation and use of the site. Only the most
recently operating nonconforming use may be reestablished within the timeframes provided in
thic c rtinn
SECTION 6. Section 16.65.030 (Basic affordable housing requirement - residential ownership projects)
of Chapter 16.65 (Citywide Affordable Housing Requirements) of Title 16 (Building Regulations) is
amended to read as follows (additions underlined, and unchanged text omitted by bracketed ellipses):
16.65.030 Basic affordable housing requirement - residential ownership projects.
The provisions of this section shall apply to all residential ownership projects, including the residential
ownership portion of any mixed use project containing three or more units, except for any residential
ownership project exempt under Section 16.65.025.
(a) Unless an alternative is approved as described in Section 16.65.080, residential ownership projects
shall provide the following:
18
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Item 12: Staff Report Pg. 19 Packet Pg. 316 of 377
Item 12
*** NOT YET APPROVED *** AttachmentA- Ordinance
Adding Chapter 18.29 and
Amending Chapters
(1) For projects on sites of less than five acres, fifteen percent of the dwelling 4
18.14, 18.24, 18.70, and hall
be made available at affordable sales price to very low, low, and moderate incom 16.65
(2) For projects on sites of five acres or more and all townhome projects in the NV districts, twenty
percent of the dwelling units in the project shall be made available at affordable sales price to very low,
low, and moderate income households; and
(3) For projects that convert existing rental housing to condominiums, other residential ownership or
nonresidential space or that remove existing rental housing, twenty-five percent of the dwelling units in
the project shall be made available at affordable sales price to very low, low, and moderate income
households.
(4) Calculations of the number of affordable units required by this section shall be based on the number
of dwelling units in the residential project, excluding any density bonus units. Projects shall not receive a
credit for any existing dwelling units demolished as part of the project.
(b) The affordable units shall be made available at the following affordable sales prices:
[...j
SECTION 7. Section 16.65.040 (Basic requirement - mixed use, nonresidential and residential
rental projects) of Chapter 16.65 (Citywide Affordable Housing Requirements) of Title 16 (Building
Regulations) is amended to read as follows (additions underlined; deletions struck through):
16.65.040 Basic requirement - mixed use, nonresidential and residential rental projects.
Unless the mixed use, nonresidential or residential rental project is exempt under Section 16.65.025 or
an alternative is approved as described in Section 16.65.080, all mixed use, nonresidential and residential
rental projects shall pay housing impact fees as specified in Section 16.65.060 to mitigate the projects'
impacts on the need for affordable housing; except:
fQ that thcThe residential ownership portion of a mixed use project containing three or more
units shall comply with Section 16.65.030.
(2) In the NV districts, residential rental projects, including mixed use projects containing
residential rental units, shall provide fifteen percent of the dwelling units in the project at rates
affordable to lower income households.
19
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Item 12: Staff Report Pg. 20 Packet Pg. 317 of 377
Item 12
* NOT YET APPROVED 'K''AttachmentA-Ordinance
Adding Chapter 18.29 and
Amending Chapters
SECTION 8. Pipeline Projects. This Ordinance and the NVCAP shall n 18.14, 18.24, 18.70, and ject
application deemed complete prior to the effective date of this Ordinance..16.6s ted
pursuant to such application shall be deemed a legal non -conforming structure and/or use, subject to the
provisions of Palo Alto Municipal Code Chapter 18.70.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Mayor
APPROVED AS TO CONTENT:
City Manager
Director of Planning and
Development Services
20
0160143_kb2 20240826_ay16
Item 12: Staff Report Pg. 21 Packet Pg. 318 of 377
Item 13
Item 13 Staff Report
City Council
Staff Report
Report Type: ACTION ITEMS
CITY O F Lead Department: City Clerk
PALO
ALTO Meeting Date: October 21, 2024
Report #:2410-3555
TITLE
Approval of FY 2025 Architectural Review Board, Historic Resources Board, Human Relations
Commission, and Planning and Transportation Commission Workplans; CEQA status — not a
project
RECOMMENDATION
The Architectural Review Board, Historic Resources Board, Human Relations Commission, and
Planning and Transportation Commission recommend approval of each Commission's
respective Fiscal Year 2025 Workplan.
BACKGROUND
Approval of the FY 2025 Architectural Review Board, Historic Resources Board, and Planning and
Transportation Commission Workplans was agendized for the August 12, 2024 City Council
meeting agenda. The item was removed off the agenda and has been rescheduled to October 21,
2024.
On November 30, 2020, the City Council adopted the Boards, Commissions and Committees (BCC)
Handbook', which implemented an annual review and approval of BCC workplans.
Each BCC is required to prepare an annual workplan for Council's review and approval. The
annual report should include the results of the prior year's workplan and should consist of up to
three priorities. When applicable, the City Council would like to see metrics of community
involvement and participation in meetings and activities included in the workplan.
Council may refer additional items to the BCC in response to new developments. If the BCC would
like to add an issue for review after an annual workplan has been approved the City Council, a
prompt request by the BCC Chair to the City Council is required and the item will then be
addressed by the City Council as a whole.
1 City Boards, Commissions, and Committees Handbook:
https://www.cityofpa Ioa Ito.org/fi Ies/assets/pu bI is/v/2/city-clerk/pa Io-a Ito -boards -commissions -and -committees -
handbook final 2022.pdf
Item 13: Staff Report Pg. 1 Packet Pg. 319 of 377
Item 13
Item 13 Staff Report
Each BCC will give a brief presentation summarizing its prior year accomplishments and FY 2025
workplan highlights. At this meeting, Council will review workplans for the Planning and
Development -related BCCs: Architectural Review Board, Historic Resources Board, Planning and
Transportation Commission, as well as the Human Relations Commission.
Council reviewed Community Services- related BCCs (Parks and Recreation Commission, and
Public Art Commission) at the October 7, 2024 meeting and infrastructure -related BCCs
(Stormwater Management Oversight Committee and Utilities Advisory Commission) at the
August 19, 2024 meeting.
FISCAL/RESOURCE IMPACT
Projects included in commission workplans ultimately require staff time and other City resources
to complete. When possible, staff provide input to the commissions during workplan
development to ensure the impact on staff time and resources is reasonable given staff workload
and other competing priorities.
STAKEHOLDER ENGAGEMENT
Commission workplans are discussed publicly either in regular commission meetings or
commission retreats.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because this is a continuing
administrative activity that will not result in direct or indirect physical changes in the
environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: FY 2025 Architectural Review Board Workplan
Attachment B: FY 2025 Historic Resources Board Workplan
Attachment C: FY 2025 Human Relations Commission Workplan
Attachment D: FY 2025 Planning and Transportation Commission Workplan
APPROVED BY:
Mahealani Ah Yun
Item 13: Staff Report Pg. 2 Packet Pg. 320 of 377
( ) CITY OF
PALO ALTO
Architectural Review Board
2024-2025 Workplan
Staff Liaison: Claire Raybould, AICP, Principal Planner
Lead Department: Current Planning, Planning and Development Services Division
Item 13
attachment A - FY 2025 Architecture
Review Board Workplan
The Architectural Review Board is composed of five members, at least three of whom are architects, landscape architects,
About the Board building designers or other design professionals. Terms are for three years. See Palo Alto Municipal Code (PAMC)
Chapter 2.21. Residency is not required. For the ARB webpage go to bit.ly/paloaltoARB.
• Peter Baltay (Chair)
• Kendra Rosenberg (Vice Chair)
• Mousam Adcock
Boardmembers • Yingxi Chen
• David Hirsch
The Architectural Review Board reviews and makes recommendations to the Planning Director on the building design, site
planning, landscape planning, massing and facades, material selection, lighting, signage and other related issues for most major
Mission Statement new construction including additions and renovations that alter the exterior building face. The type of buildings reviewed include
commercial, industrial, and multiple -family residential. In addition, the ARB is a resource as knowledgeable observers of many
varied urban environments, to assist Palo Alto as it develops area plans to accommodate additional housing.
Prior Year
Accomplishments
The ARB Scope of Review is fully noted in Title 18 of the Municipal Code, Chapter 18.76 under Section 18.76.020 as well as in
Chapter 18.77 under Section 18.77.073.
• See attached Summary
Item 13: Staff Report Pg. 3 Packet Pg. 321 of 377
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
PROJECT/GOAL 1: Review Planning applications for conformance with ARB Findings and Objective Standards
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED I LOCAL LAW /
COUNCIL -APPROVED
This is the Board's main mission and serves
On -Going
Planning staff prepare staff reports,
Issuance of recommendations on
Yes
to ensure the City develops high quality
packets and presentations. They ensure
projects and high -quality architecture
projects
paper plan sets and material boards are
throughout the City.
ready for ARB review. Other
departments, such as, City Attorney,
Urban Forestry, Transportation, etc., may
be required from time to time.
Consultants, including CEQA
consultants, may also be required.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
• Projects that include new housing units that will help with City reach its
N/A
regional housing needs allocation (RHNA)
PROJECT/GOAL 2:Assist
the City as it considers modifications to Objective Standards; Provide feedback based on research from projects as they go through the
objective standards ministerial processes. Suggest ways to better address different housing typology.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED /LOCAL LAW/
COUNCIL -APPROVED
Streamline the objective standard review
Provide high level modifications toAdditional
staff at Planning so that the
Council Approval
No
process and ensure that projects using
objective standards to Council by
quality and completeness of the work is
he streamlined review process/objective
he end of 2024; If directed by
maintained.
standards conform to the City's
Council, work with staff to propose
Comprehensive Plan, Goals and Policies,
specific code language for Council
including its high -quality design standards
adopted by the end of FY 2025
HIGH
LOWER PRIORITY
COUNCIL -DIRECTED
PRIORITY
POLICY UPDATE
In order of priority:
No
• Modifications to address objective standards (18.24) based on review of
• Modifications to SB 9 objective standards
several projects using the standards
• Modifications to address townhome projects based on the feedback from
the ARB Ad Hoc Committee on townhomes
Item 13: Staff Report Pg. 4 Packet Pg. 322 of 377
Item 13
,ttachment A - FY 2025 Architecture
Review Board Workplan
PROJECT/GOAL 3:
Discuss specific Coordinated Area Plans that the ARB would recommend exploring/implement; If the City Council directs the preparation of those
plans to staff, provide comments on those Coordinated Area Plans
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED I LOCAL LAW I
COUNCIL -APPROVED
his project would enhance implementation
On -going
Planning staff to help research policies and
Increased adherence to
Yes
of the City's Comprehensive Plan
programs; coordination with long range
Comprehensive Plan policies
planning section staff.
HIGH
LOWER PRIORITY
COUNCIL -DIRECTED
PRIORITY
POLICY UPDATE
• Coordinated Area Plan for San Antonio area
• Encina Avenue
No
• Downtown Housing Plan
• California Avenue
PROJECT/GOAL 4:
Provide feedback to staff and Council on the creation of new guidelines, ordinances, and/or streetscape, including but not limited to upcoming roof
erraces, bird safe glazing and dark sky lighting regulations, parklets design, and streetscape designs.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW /
COUNCIL -APPROVED
he ARB has unique feedback to provideAnticipated
to return to the Board in
Staff time
Council Approval
Yes
as a stakeholder as they have interest in
spring/summer 2024
approving the aesthetic environment of
he City while also understanding
constraints that architects/developers
may come across when implementing
standards being considered
HIGH
LOWER PRIORITY
COUNCIL -DIRECTED
PRIORITY
POLICY UPDATE
• Roof Terraces
• Monitor parklet and streetscape design
No
• Bird safe glazing / dark skys
• Riparian setbacks
PROJECT/GOAL 5:
Improve Coordination between the Architectural Review Board and other boards, commissions and Council.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW /
COUNCIL -APPROVED
Item 13: Staff Report Pg. 5 Packet Pg. 323 of 377
• Improved coordination between
boards/commissions and
council to get feedback from
colleagues on other board
• More coordinated feedback
from the City for developers
Item 13
Attachment A - FY 2025 Archit(
time • Staff provide su
Review Board Workplan
from PTC, ARB,
meetings promptly following each
meeting
• Take direct feedback from the
ARB on reviewed projects up for
Council approval. The ARB can
appoint a member to represent the
board directly to the Council
HIGH LOWER PRIORITY COUNCIL -DIRECTED
PRIORITY POLICY UPDATE
• Create liaisons between boards/commissions No
Architectural Review Board of the City of Palo Alto
Annual Report of Prior Year Accomplishments and ARB Recommendations for Fiscal Year 2025
Following is a review of the ARB's accomplishments over the past year and the Board's recommendations to Council regarding areas of work that should be prioritized
in next fiscal year and opportunities for better coordination.
Application Review. The ARB takes prides in its collaborative process of review, where members meld their individual opinions and experience into one
democratic summary that improves proposed projects and therefore the quality of the Palo Alto built environment. This past year, the ARB reviewed
approximately 20 projects including two major public projects, multi -family housing projects with inclusionary below market rate units, and commercial projects
as well as larger retail modifications in Stanford Shopping Center, meeting Goal 1 of the 2024 annual work plan. Our review and oversight of the following
projects has made a real and significant difference. Below are renderings of some of these projects showing the initial proposal and final design.
Address/aroiect
3001 El Camino Real
3200 Park Boulevard
420 Acacia Ave
739 Sutter Avenue
3600 Middlefield Road
180 El Camino Real
180 El Camino Real
180 El Camino Real
123 Sherman Avenue
2501 Embarcadero
800 San Antonio Road
SB 9 Objective Standards Review
Building type
Affordable Housing
Development Agreement
Housing (with inclusionary units)
Housing (with inclusionary units)
Fire Station
Arhaus Facade
Sushi Roku Facade
Restoration Hardware Facade
Office
Advanced Water Purification System
Mixed Use (Office and retail with inclusionary units)
Ordinance/Plan
Item 13: Staff Report Pg. 6 Packet Pg. 324 of 377
Item 13
Attachment A - FY 2025 Architectural
In addition, a number of projects came in as a preliminary review to obtain early feedback from the ARB. The ARB's ed Review Board Workplan and
boardmember feedback prior to formal application will help to incorporate key programming modifications and design changes in the early stage of
development, helping to streamline the formal application. These included 640 Waverley Street, 616 Ramona Street, 1066 East Meadow Drive, and 70 Encina
Avenue.
The ARB provided valuable feedback to assist Council with respect to updating SB 9 standards. They also provided a comprehensive review and made
recommendations on updates to the objective standards to better address townhome style designs. This work was consistent with Goal 2 of the fiscal year 2024
work plan.
• The ARB provided valuable feedback to assist Council with respect to Preapproved Parklets Design. Although not explicitly identified in the work plan, this work
was consistent with Goal 2 of the fiscal year 2024 work plan.
• The ARB provided valuable feedback to assist Council with respect to the Dark Skies and Bird Safe Glazing Ordinance as well as the North Ventura Coordinated
Area Plan consistent with Goal 3 of the fiscal year 2024 work plan. Additional work on this effort is expected in the next few months to further assist with these
efforts prior to a final Council decision.
Recommendations
PAMC Section 2.21.030 directs the Architectural Review Board to report annually our "concerns.., with respect to the city's plans, policies, ordinances and procedures as
these affect the projects which the board reviews." Our reviews are site specific — we look at individual development proposals, not broad policies. At the same time,
we are directed to look at each project in both its physical and regulatory context — how it will enhance its neighborhood (or not) and how it will implement the City's
polices, from the Comprehensive Plan to the various design guidelines the City uses. Because we look at many projects each year, and because many board members
have years of experience in Palo Alto, patterns emerge and specific areas of concern have been identified. Our comments this year are centered around the increasing
importance of housing projects to the city.
2. Objective Design Standard Refinements. In our continuing response to recently enacted state legislation, Palo Alto previously adopted objective design review
standards for housing projects, effectively eliminating architectural review on residential and mixed -use projects where objective standards can be met in order
to streamline review of those applications.
Several residential projects over the past year were townhouse type developments (3200 Park Boulevard, 739 Sutter Avenue, 420 Acacia). In our review, it was
noted that some of the current standards focused more on larger multi -family buildings. Therefore, some aspects of townhouse style design were not fully
addressed/accommodated for in the standards. Through an Ad Hoc committee we studied many local townhouse developments and have provided the
planning department with recommendations to modify the Objective Design Standards to address townhome designs as well as larger multi -family designs.
The ARB recommends that refinements be made to the objective standards based on implementation of the standards for a series of projects as well as with
the recommendations from the ARB regarding modifications for townhome designs.
3. Coordinated Area Plans to encourage housing development and better planning
• San Antonio Avenue area. The San Antonio Avenue area is experiencing increasing residential development but our zoning regulations for the area are
outdated and focused on commercial development, resulting in applicant uncertainty and long entitlement processes. The existing one-story light industrial
and commercial buildings will be substantially replaced in the coming decade. A coordinated area plan will allow us to consider larger issues such as
Item 13: Staff Report Pg. 7 Packet Pg. 325 of 377
Item 13
Attachment A - FY 2025 Architectural
transportation, neighborhood parks, city services, pedestrian/bicycle pathways, and integration with nearby deve Review Board Workplan as this area
transforms.
• Downtown. To increase housing, the downtown area needs revised standards to accommodate redevelopment of parking lots as to encourage housing
additions while maintaining the vibrancy of the downtown area and its pedestrian friendly streetscape.
• California Avenue area. With State requirements as outlined in AB 2097 and Builder's Remedy, the California Avenue area will experience more
development then in the past. This area should have a coordinated area plan to better scope future development.
• Encina Avenue area. The Encina Avenue area, between El Camino and the railroad is an excellent location for higher density housing. However, the adjacent
Town and County shopping center, a low lying and historically significant facility, must be protected. Parking considerations are also paramount in this area.
A coordinated area plan offers an efficient path towards increased density while protecting a much loved shopping area.
4. Bird safe glazing and dark sky regulations. The ARB should provide feedback to the planning staff, PTC and Council regarding upcoming bird safe glazing and
dark sky lighting regulations. The ARB has observed an increased use of roof terraces to meet open space requirements in multi -family projects. These roof
terraces can be limited by height requirements and privacy concerns.
5. City Council/Planning Commission communication. The Architecture Review Board has very little formal interaction with the City Council, the Planning
Commission and the Historic Resources Board. Board members are forced to act on individual initiative to gain input from council members and other
commissioners. Joint meetings with full boards are rarely productive; yet uncoordinated serial meetings leave commissioners unaware of feedback from
colleagues on other boards. Applicants often feel that they are 'running a gauntlet' of approvals rather than facing a coordinated review.
• Request staff to provide summary reports from PTC, ARB and HRB meetings promptly following each meeting.
• Take direct feedback from the ARB on reviewed projects up for council approval where Council approval is required. The ARB can appoint a member
to represent the board directly to the council.
• Request staff to schedule joint preliminary discussions between the ARB, PTC and HRB chairs/vice-chairs on projects of common interest. These
'preliminary meetings' would not be to review specifics of a project; rather they would serve to coordinate the review process between boards and
planning staff.
• Appoint HRB, PTC and Council liaisons to the ARB to facilitate open communication between boards and commissions and city council. ARB liaisons
will provide a clear channel for passing information between reviewing bodies, enabling all board and commission and council members, as well as
the general public, direct access to relevant information on a project -by -project basis.
Below are Renderings of approved projects from Initial proposal to Final Design from the list of reviewed projects. A summary of key modifications that
were made to the design based on ARB feedback is also included:
Item 13: Staff Report Pg. 8 Packet Pg. 326 of 377
739 Sutter Avenue - Initial Proposal
739 Sutter - Final Design
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Private outdoor balconies for residents were increased to two levels on Sutter side but removed the roof deck
Balconies facing single family residences were improved to maintain privacy for single family residences
Massing around building corners were greatly improved
3001 Camino Real - Initial Proposal
3001 El Camino Real - Final Design
Improved the central building circulation to make the site more useable and to facilitate the applicant's building code compliance.
Recommended modification to the El Camino Real facade articulation to create greater visibility onto the street from the El Camino Real facing uses.
Recommended design modifications that allowed for more visibility into the community room from Acacia to provide a more pedestrian -friendly facade
along that street frontage.
Item 13: Staff Report Pg. 9 Packet Pg. 327 of 377
123 Sherman Avenue - Initial Proposal
123 Sherman Avenue - Final Design
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
-The ARB focused on improving the entrance to and design of the first -floor commercial space at the corner to ensure the viability of a future tenant and to
create interest at the corner
-A focus on the detail and use of the full height decorative panels on portions of the perimeter of the upper floor office levels.
-Increased vegetation planting
-Revisions to the plans to ensure privacy of nearby residential uses and reduce light intrusion from this building into their units.
3200 Park Boulevard- Initial Proposal
3200 Park Boulevard - Final Design
-Increased the widths of the pedestrian paseos to increase usability and reduce privacy impacts both through building setbacks and landscaping
-recommended modifications to design, materials and color to increase the variability across different buildings, provide variation in height across the longer
facades, and to provide interest on the end units
-Simplified the forms along the southern facade of the cannery building, reducing design changes that detracted from the historic character of the building,
particularly with respect to the windows below the monitor roof
-Refined the color variations for the parking garage to help further break down the scale of the garage and brought down the height of the garage to reduce
impacts on neighboring single-family residents and maintain the stepped height of the cannery, which relates back to its historic use with loading docks at the
rear of the building
Item 13: Staff Report Pg. 10 Packet Pg. 328 of 377
180 El Camino Arhaus- Initial Proposal
180 El Camino Real Arhaus - Final Design
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
-The initial design was well received; however, the applicant returned later to propose modifications based on tenant preferences. The ARB's initial
recommendations, which were also incorporated into the final design, included minor revisions to the materials, to emphasize the entrance design, and to
request additional details regarding the bicycle parking as it relates to this site and the overall facility
180 El Camino Restoration Hardware- Initial Proposal
180 El Camino Real Restoration Hardware- Final Design
-Although the initial design was generally well received as a clean, light design, the ARB recommended minor modifications to make the white less glaring and
more toned down. In particular, the ARB requested that metal accents to be a deeper hue to create more interest, depth, and warmth, recommended keeping
green walls that were planned to be removed, and provided input to refine small details such as the lighting
Item 13: Staff Report Pg. 11 Packet Pg. 329 of 377
180 El Camino Sushi Roku- Initial Proposal
180 El Camino Real Sushi Roku - Final Design
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
-Sushi Roku came to the ARB with a comprehensive design, steeped in the culture and rich in texture. The ARB had some questions regarding maintenance and
detailing of exterior materials, but generally approved the design as proposed
Q Q Q
800 San Antonio Road- Initial Proposal
800 San Antonio Road - Final Design
- Building above grades were redesigned to avoid encroaching into setbacks
- Main entrance volume expressed appropriately on the street with material and form
- Improved trash pick-up logistics
- Improved courtyard function and circulation
- Improved internal circulation with widening hallways at back elevator
- Provided planting soil depth above top of basement for ground floor softscape at base of building
- (second ad hoc committee meeting pending)
Item 13: Staff Report Pg. 12 Packet Pg. 330 of 377
2501 Embarcadero Road- Initial Proposal 2501 Embarcadero Road - Final Design
- Colors muted to align with Baylands guidelines
- Light pollution shielded from all sides using perforated metal below the roof
- Color temperature of the lighting lowered, while maintaining high light levels for worker safety
- Section of chain -link fence removed and replaced with board formed concrete to screen tank better from the street
420 Acacia Avenue- Initial Proposal 420 Acacia Avenue- Final Design
- Overall, the project was well received as proposed. The ARB recommended minor improvements to provide better pedestrian circulation, clarify details
of the rooftop open space, and ensure privacy between those spaces as well as for adjacent uses.
Refined the details of how the private street relates to the neighboring parking facility.
Item 13: Staff Report Pg. 13 Packet Pg. 331 of 377
Item 13
Attachment B - FY 2025 Historic
Resources Board Workplan
CITY OF
} PALO ALTO
Historic Resources Board
2024-2025 Workplan Overview Date approved by HRB 4/11/2024 (Amended 8/8/2024)
Staff Liaison: Steven Switzer, Historic Preservation Planner
Lead Department: Planning and Development Services
The HRB is now five members, effective July 4, 2024. Four candidates are set for August 2024 interviews, for two positions. The City is a Certified
Local Government (CLG) responsible for historic preservation - to identify, evaluate, register, and preserve historic properties within its jurisdictions
and promote the integration of local preservation interests and concerns into local planning and decision -making processes. Staff prepares an annual
About the Commission report of the activities of the Certified Local Government each spring for the prior year and submits these to the State Office of Historic Preservation.
This HRB Work Plan covers July 2024 - July 2025. HRB member terms are for 3 years and are staggered per PAMC Section 2.27.020. For more
information please visit https://www.cityofpaloalto.org/City-Hall/Boards-Commissions/Historic-Resources-Board. The Department webpages are a
wealth of information, go to: https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Historic-Preservation
Alisa Eagleston-Cieslewicz (chair), Samantha Rohman (vice chair), Christian Pease, and Caroline Willis, Margaret Wimmer or Mike Makinen (until
Current Commissioners
two successors are appointed)
Per Palo Alto Municipal Code Chapter 2.27 Historic Resources Board, Section 2.27.040 Duties, HRB purview is:
(a) Render advice and guidance to a property owner upon the owner's application for alteration of any historic single-family or duplex building in the downtown area and any such building
designated as significant elsewhere in the city
Mission Statement (b) Inform the ARB of the historical and/or architectural significance of historic commercial and multiple -family structures in the downtown area and any such buildings designated as
significant elsewhere in the City that are under review by the ARB. Submit recommendations to the ARB regarding proposed exterior alterations of such historic structures
(c) Recommend to the Council the designation of additional buildings and districts as historic. Research available information and add historical information to the inventory sheets of
historic structures/sites. This inventory is maintained in the department of planning and development services.
(d) Perform such other functions as may be delegated from time to time to the HRB by the City Council.
During the work plan period the HRB held 14 public meetings, met the objectives in the 'ongoing' goals 1 and 2 of the plan, completed goal 3 of the
plan (providing recommendations on nominations of properties previously found eligible for the National and State historic registers to the City's local
Prior Year Accomplishments historic inventory, unless property owners submitted objections to listing; known as the 2023 Historic Reconnaissance Survey), and many objectives
set forth in goal 4 of the plan. The staff continued to implement policy L7.2 as an ongoing activity, and conducted three evening community meetings
over the plan's term, to further encourage community participation.
Item 13
Attachment B - FY 2025 Historic
Resources Board Workplan
CITY OF
..
PALO ALTO
Historic Resources Board
2024-2025 Workplan
Staff Liaison: Steven Switzer, Historical Preservation Planner
Lead Department: Planning and Development Services
The Board/Commission's goals and purposes (purview) are set in Palo Alto Municipal Code Chapter 2.27 Historic Resources Board, Section 2.27.040
Duties. These duties include reviewing alterations to historic resources and providing recommendations on nominations to the local historic resources
PURPOSE STATEMENT: inventory. The City's historic program includes the implementation of Comprehensive Plan policies on an ongoing basis including Policy L7.2 (preparation
of historic evaluations to determine eligibility for the California Register of Historical Resources and associated tracking), Policy L7.1.1 (recommend
eligible resources to the local inventory), and Policy L7.1.2: Reassess Historic Preservation Ordinance.
Limited modification to PAMC 16.49, historic preservation, providing clarifications regarding the HRB's role. The HRB could discuss language
PROJECT/GOAL 1: providing clarifications of its role with respect to three potential topics: (a) the nomination process, (b) the effect of HRB recommendations regarding
exterior modifications to residential historic resources, and (c) category changes (upgrades, downgrades, removals)
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED / LOCAL
LAW / COUNCIL -APPROVED
City Council direction and accommodation
Council may provide
in the PDS department workplan would be
Well -written ordinance language that
direction to modify
The benefits are providing clarification of the
Subject to Council direction, to begin in the
needed. HRB subcommittee and staff of
assists the public's understanding and
PAMC 16.49; CLG
HRB's role for the public
second quarter
planning and city attorney departments to
calms the fears of property owners
cities maintain historic
prepare draft amendments for Council
about governmental overreach
preservation
review and adoption
ordinances.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Council may provide
Lower priority: Goal item (c) - listed historic resources placed on the City's
direction to modify
Priority is high to enable greater understanding of the HRB's role and address property
inventory in the late 1970s and 1980s have not been reviewed to determine whether
PAMC 16.49; CLG
owners' concerns with respect to Goal items (a) and (b)
any modifications reduce critical aspects of integrity and drop or lower the properties'
cities maintain historic
local historic resource category.
preservation
ordinances
Item 13
Attachment B - FY 2025 Historic
Education and Creating New User -Friendly Resources/Communication Regarding Historic Preservation Resources Board Workplan
preservation, including use of the existing zoning code incentives and State historic building code (b) improve upon communication types to provide the
community accessible information, including the use of videos (linked to the City's and State's webpages) to help property owners understand the local
PROJECT/GOAL 2: and State preservation incentives and codes, (c) continue to provide updates to the historic review process bulletin as needed to communicate CEQA
requirements related to PAMC 16.49 and listed historic resources, and (d) enable the HRB staff liaison(s), the City's historic preservation consultant, and
Chief Building Official to implement training providing an ongoing opportunity for HRB members, staff, and the community to gain working knowledge as
to the use of the State's historic building code
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED I LOCAL
LAW I COUNCIL -APPROVED
The benefits would be to improve
Goal 2 to begin during plan quarter 1 and
Staff of PDS would be tasked as well as an
Website contains links to information
preservation in Palo Alto and clarity for
continue through quarter 2 (October -
resources and videos, to assist property
N/A
owners of historic properties.
December)
HRB ad hoc committee to make progress.
owners, staff, and others.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Item (a) a table of existing zoning code incentives and another table of historic building
code provisions and Item (b) improvements to types of communications used to promote
Items (c) and (d)
N/A
historic preservation.
PROJECT/GOAL 3: Conduct a survey of the local inventory resources listed prior to the 2023 Historic Reconnaissance Survey, to determine historic conditions. If
Council directs a survey update, that work would require resources and may extend into the next year work plan.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED/LOCAL
LAW / COUNCIL -APPROVED
Determining conditions of existing inventory
Budget for and assistance from qualified
Data on conditions of buildings placed
2024 22,
properties (listed prior to April )
Subject to Council direction/ resource
consultant to assess conditions of
prior to on the local inventory April 22,
No
would allow better clarity.
allocation and to begin in fourth quarter
inventory properties listed prior to April 22,
2024
2024
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Item 13
Attachment B - FY 2025 Historic
Resources Board Workplan
Properties that have been demolished remove from local inventory Properties that have lost integrity over time that may need a category change No
Additional preservation incentives (a) discuss and recommend additional zoning code incentives to continue the community engagement process that
PROJECT/GOAL 4: began with the 2023 reconnaissance survey/ inventory update; (b) represent the HRB's interests during public hearings, or participate in joint meetings
with the Planning and Transportation Commission and City Council, to review any proposed zoning code modifications incentivizing historic preservation
incentives; (c) outreach to the community after adoption of any adopted new incentives.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED I LOCAL
LAW / COUNCIL -APPROVED
Benefit will be for all property owners who do
Goal 2 to begin during plan quarter 2 (item
PDS staff and CAO staff. City Council
More historic properties are preserved
Council may provide
not currently see any benefit to listing their
a) and subject to Council direction,
direction and accommodation in the PDS
for future enjoyment of the owners and
direction to modify
property on the City's historic inventory
continue through quarter 4 (April - June
department workplan would be needed.
community, due to the additional
PAMC title 18.
2025, items b and c)
incentives.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Item a is to gather ideas for new incentives in the zoning code to add to a table of
Subject to Council direction, items b and c would follow item a.
N/A
existing incentives in the zoning code.
Establish a Historical Preservation Award Program. (a) discuss and determine the selection criteria for eligible projects and/or properties; (b) discuss
PROJECT/GOAL 5: and determine frequency of awards (e.g., annual, bi-annual, 5 -year cycle, etc.); (c) select projects and/or properties to award; (d) conduct an award
ceremony and present historic preservation awards.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED /LOCAL
LAW / COUNCIL -APPROVED
Item 13: Staff Report Pg. 17 L Packet Pg. 335 of 377
Item 13
Attachment B - FY 2025 Historic
Resources Board
WorkpIan
A HRB historical preservation award
program would express appreciation for the
efforts to preserve and protect Palo Alto's
Goal 5 to begin during plan quarter 1 (item
Staff of PDS would be tasked as well as an
Establish historic preservation award
Comprehensive Plan
culturally, historically, and architecturally
a) and continue through quarter 4 (April -
HRB ad hoc committee to make progress.
selection criteria and frequency of
Policy L-7.6
significant places that create a vibrant and
June 2025, items b and c)
awards by end of 24-25 Fiscal Year.
sustainable community that fully reflects
Palo Alto's diverse past.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Item (a) discuss and determine the selection criteria for eligible projects and/or
properties and establish award frequency, and Item (b) discuss and determine award
Items (c) and (d)
No
frequency (e.g., annual, bi-annual, 5 -year cycle, etc.)
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan
C ) CITY OF
PALO ALTO
Human Relations Commission
2024-2025 Workplan
Staff Liaison: Minka van der Zwaag, Human Services Manager
Lead Department: Community Services
This workplan covers portions of Fiscal Year 2024 and 2025 (May 2024 — April 2025) for the Human Relations Commission
(HRC). The Commission is composed of 7 members who are residents of Palo Alto. Terms are for 3 years. See Palo Alto
About the Commission Municipal Code (PAMC) Sections 2.16 and 2.22. For more information about the HRC please visit our webpage at
http://www.cityofpaloaIto.org/gov/boards/hrc
• Adriana Eberle (Chair)
• Michelle Kraus (Vice Chair)
• Don Barr
Current Commissioners
• Katie Causey
• Amy Hsieh
• Mary Kate Stimmler
• Kaloma Smith
HRC Mission: To promote the just and fair treatment of all people in Palo Alto, particularly our most vulnerable populations. By
promoting awareness of issues and enabling conversations that enhance inclusion, the HRC strives to create a community where
civility, respect and responsible actions are the norm.
Mission Statement
HRC Jurisdiction: Muni Code 2.22.050
(a) The Human Relations Commission has the discretion to act with respect to any human relations matter when the commission
finds that any person or group does not benefit fully from public or private opportunities or resources in the community or is
unfairly or differently treated due to factors of concern to the commission.
(1) Public or private opportunities or resources in the community include, but are not limited to, those associated with
ownership and rental of housing, employment, education and governmental services and benefits.
(2) Factors of concern to the commission include, but are not limited to, socioeconomic class or status, physical condition or
handicap, married or unmarried state, emotional condition, intellectual ability, age, sex, sexual preference, gender identity, race,
cultural characteristics, ethnic background, ancestry, citizenship, and religious, conscientious or philosophical belief.
(b) The commission shall conduct such studies and undertake such responsibilities as the council may direct.
Item 13: Staff Report Pg. 19 Packet Pg. 337 of 377
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan J
Goal #1 — Core Responsibilities: Reviewed and made funding recommendations to Councii for ztwo-year human Services
Resource Allocation Process (HSRAP) grants totaling $896,035 to fund critical needs in the community for FY 2024-25 (March
and April 2023). A subcommittee of HRC commissioners and city staff served as the review committee for the Emerging Needs
Prior Year Fund. In 2023, a total of 6 grants totaling $44,000 was approved (January, March, June, September 2023). Reviewed and made
Accomplishments funding recommendations to the Finance Committee for 9 grants totaling $488,000 as part of the Community Development Block
Grant (CDBG) Funding program for Fiscal Year 2023-24 (February 2023).
Goal #2 — Inclusion & Belonging: Conducted a survey of the lived experience of Asian American, Native Hawaiian, and Pacific
Islander (AANHPI) community members in Palo Alto in response to the Council's referral to research the lived experience of
AANHPI communities (April 2023). Approved motion to forward the AANHPI survey results and a report to City Council (March
2024). Approval of HRC support of Multi Faith Peace Picnic and Prayer Services on September 11, 2023, on King Plaza (August
2023). Conducted a community listening session on Local Muslim, Palestinian, and Arab Experiences in the Face of Rising
Islamophobia and Anti -Arab Hate (December 2023). Conducted a community listening session on Local Jewish Experiences in
the Face of Rising Antisemitism (January 2024).
Goal #3 - Public Safety: Approved recommendations to City Council for actions based on the recommendations made by the
public at the Community Listening Sessions on local experiences of Islamophobia and Anti-Semitism (March 2024).
Goal #4 — Climate Change: Presentation of the draft Frontline Communities Report, a report on the impact of climate on
vulnerable communities in Palo Alto, by the Palo Alto Student Climate Coalition (August 2023).
Goal #5 — Learning Sessions: Hosted an Older Adults Learning Series: Presentation of the results from the Avenidas'
Community Assessment Survey of Older Adults (CASOA) by the Avenidas CEO. (September 2023). Presentations by Alta
Housing, La Comida, Lytton Gardens, Oshman Jewish Community Center, Second Harvest Food Bank, and Social Services
Agency of Santa Clara County (October 2023).
Goal #6 - Emerging Needs: Additional recommendations passed in response to the City Council referral to the Commission on
ways to improve implementation of current City renter protections (February and April 2023). Conducted a public hearing on the
Recommendation of the Adoption of a Draft Ordinance Amending Palo Alto Municipal Code (PAMC) to Add Rental Registry
Program (RRP) Ordinance. Approved to accept the basic framework of the RRP as presented by staff with outstanding issues
needing to be addressed (May 2023).
Item 13: Staff Report Pg. 20 Packet Pg. 338 of 377
Item 13
Attachment C - FY 2025 Human
Funding Programs - Human Services Resource Allocation Process (HSRAP), Community Development Block Gr Relations Commission Workplan und. Continue to
PROJECT/GOAL 1: review and give input to funding decisions. Priority during this workplan cycle includes assisting staff with the HSRAP application process for the FY26 funding cycle
Core Responsibilities and reviewing the Human Needs Assessment prepared by RDA Consulting. The Needs Assessment assess the current human service needs of the Palo Alto
community, the role of the program, the goals of the program, and how program impact is measured.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED /LOCAL LAW!
COUNCIL -APPROVED
The funding programs provide human
Ongoing
Adhoc HRC subcommittee and staff time
Results of Human Services Needs
N/A
services organizations with essential
for the funding decisions.
Assessment will provide the HRC, staff
monetary support to serve vulnerable
and Council with updated and vital
and underserved residents of Palo
Moderate level of staff and adhoc
information on current human needs in
Ito.
subcommittee time.
the community, concrete suggestions for
changes/additions to the HSRAP priority
of needs, application and/or review
process, and increased ways in which to
measure the effectiveness of the City's
funding investment in Human Services
organizations.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Continue to provide funding recommendations for HSRAP, CDBG and the Emerging
N/A
Needs Fund as needed.
Inclusion & Belonging - Explore ways in which the Commission can continue to positively affect the sense of inclusion and belonging in the community. Projects
PROJECT/GOAL 2:
include:
Inclusion and Belonging
• Conduct Listening Session with local faith leaders to better understand their needs and the communities they serve.
(I&B)
• Revisit issues raised and recommendations from panelists at the 2023 Senior Learning Sessions and identify next steps.
• Continue the work done to create connections and learn about the lived experiences of community members, such as the AANHPI, MENA, and Jewish
communities.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED /LOCAL LAW!
COUNCIL -APPROVED
All individuals who live, work or
Summer -Fall 2024
Adhoc HRC subcommittee and staff time
N/A
worship in Palo Alto have the right to
eel included and valued as members
Moderate level of staff and adhoc
of the community.
subcommittee time.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Conduct Listening Session with local faith leaders to better understand their needs and
the communities they serve.
N/A
Revisit issues raised and recommendations from panelists at the 2023 Senior Learning
Sessions and identify next steps.
Continue the work done to create connections and learn about the lived experiences of
community members, such as the AANHPI, MENA, and Jewish communities.
Item 13: Staff Report Pg. 21 Packet Pg. 339 of 377
Item 13
Attachment C - FY 2025 Human
Public Safety - Explore and implement avenues to decrease incidences of crimes in the community. Relations Commission Workplan
PROJECT/GOAL 3: • Convene a community meeting in 2024 to discuss hate crimes with representatives of law enforcement, city leadership, and experts in the field.
Public Safety (PS)
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED /LOCAL LAW/
COUNCIL -APPROVED
All individuals who live, work or worship
Summer -Fall 2024
Adhoc subcommittee and staff time. Space
Measures may include: How many
N/A
in Palo Alto have the right to do so
and marketing for educational
people attend educational programming,
without fear of verbal or physical abuse
programming.
specific actions taken by members of the
or attack.
public to combat hate crimes, and the
Moderate level of staff and adhoc
increased reporting of hate crimes.
subcommittee time.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Convene a community meeting in 2024 to discuss hate crimes with representatives of law
N/A
enforcement, city leadership, and experts in the field.
Public Health — Support current efforts to address youth mental health issues in the community.
PROJECT/GOAL 4:
• Request that a member of the HRC serve on the Mayor's mental health task force and/or explore ways in which the HRC can partner with high school
Public Health (PH)
groups working on mental health issues.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED /LOCAL LAW!
COUNCIL -APPROVED
Goal coincides with the Council Goal of
Member of HRC serves on Mayor's Task
N/A
"Community Health, Safety, Wellness &
force and provides updates to the full
Belonging"
commission that may lead to other actions
by the Commission.
Low Level of Staff time
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
s the Mayor's Youth Mental Health Task Force has already been meeting, it is a high
N/A
priority to request participations by a member of the HRC.
Item 13: Staff Report Pg. 22 1 Packet Pg. 340 of 377
Item 13
Attachment C - FY 2025 Human
Housing, Economic Justice and Development - Relations Commission Workplan
PROJECT/GOAL 5: • Identify ways in which HRC can provide assistance to support programs for unhoused community members (including RV dwellers).
Housing, Economic Justice
and Develo ment HEJD
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW!
COUNCIL -APPROVED
Providing active HRC participation in
During the term covered by this workplan
Staff and HRC commissioner time
N/A
actions to positively affect the lives of
unhoused members of the community.
Lower level of staff and adhoc
subcommittee time.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Continued participation by HRC members on a local RV Dweller concerns committee,
Other items to be determined during the year.
N/A
especially in light of looking for solutions to the loss of parking on El Camino Real and it's
affect on RV dwellers.
Climate Change - Explore ways in which climate change may disproportionately affect specific populations in the community.
PROJECT/GOAL 6:
• Engage with the Palo Alto Student Climate Coalition and the newly formed Youth Advisory Board (a formal City advisory board).
Climate Change (CC)
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED /LOCAL LAW!
COUNCIL -APPROVED
Climate change is a priority for the State
Summer -Fall 2024
Yet to be determined based on outcome of
N/A
of California and the City of Palo Alto.
Learning Sessions listed under Goal #7.
Climate awareness and changes in
habits help everyone thrive and special
Adhoc subcommittee and staff time.
attention should be paid to vulnerable
populations.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Determine possible roll for a representative of the HRC to play with the newly formed
N/A
Youth Advisory Board (a formal City advisory board).
Item 13: Staff Report Pg. 23 Packet Pg. 341 of 377
Item 13
Attachment C - FY 2025 Human
Learning Sessions - Engage in learning sessions to gain more understanding on the following topics before rRelations
Commission Workplan
• Research and identify housing programs that could best address equity and access needs in the c amilies, low
PROJECT/GOAL 7:
income.) (HEJD)
Learning Sessions
• Availability and affordability of child care programs in the community (HEJD)
• Explore ways in which Utility costs affect low-income members of the community and current city programs/services that provide assistance. (HEJD)
• Research and identify housing programs that could best address equity and access needs in the community (cross sectional senior, families, low
income.) (HEJD)
• Better understand the demographics of city staff and commission to understand if there are underrepresented groups. (I&B)
• Better understanding of the City's "Safe Streets for All" safety action plan (PH)
• Examine the post COVID impact on the community, including housing as part of healthcare; inflation/unemployment/effects of Al. (PH)
• Better understand the city's response to respite/shelter needs of the unhoused during extreme weather events. (CC)
• Presentation on the City's Plan to positively affect climate change with an eye to understanding how it takes the needs of vulnerable populations into
consideration. CC
BENEFICIAL IMPACTS
TIMELINE
RESOURCES
MEASURE OF
STATE MANDATED /LOCAL
NEEDED
SUCCESS
/ COUNCIL-
APPROVED
APP
Learning sessions are utilized by the
During the term covered by this
Staff and HRC commissioner time
HRC discussions, deliberations,
N/A
HRC to explore an issue with the help
workplan
actions and recommendation are all
of subject matter experts in order to 1)
Lower level of staff and adhoc
well served by the review of
Become informed on the topic(s); 2)
subcommittee time.
information presented by subject
Explore whether there is a role for the
matter experts.
HRC in addressing/recommending any
action.
HIGH
LOWER
COUNCIL -DIRECTED
PRIORITY
PRIORITY
POLICY UPDATE
Priority level of the individual Learning Sessions will be determined by the HRC.
N/A
Exploratory —Adhoc subcommittee to explore topics raised below at the Workplan retreat to further coalesce thinking before agendizing as a Learning Session.
PROJECT/GOAL 7:
• The financial hardship for many to live in the community as the income needed to afford living in Palo Alto is untenable. (HEJD)
Exploratory
• LGBTQI+/Pride events and recognition (I&B)
• Create a grassroots effort to reengage vulnerable, underserved, minority community members in public meetings. Review/improve media and
marketing outreach for the HRC. I&B
BENEFICIAL IMPACTS
TIMELINE
RESOURCES
MEASURE OF
STATE MANDATED /LOCAL
NEEDED
SUCCESS
/ COUNCIL
APP -
APPROVED
Fall -Winter
Adhoc subcommittee and staff time.
N/A
HIGH
LOWER
COUNCIL -DIRECTED
PRIORITY
PRIORITY
POLICY UPDATE
Lower Priority
N/A
Item 13: Staff Report Pg. 24 Packet Pg. 342 of 377
Item 13
Attachment C - FY 2025 Human
Emerging Issues - The HRC will identify emerging issues in the community, prioritize those that need further at Relations Commission Workplan Jies, including
PROJECT/GOAL 8: those that involve significant staff time to the Council for approval. The Commission will also be responsive to future referrals by the Council.
Emerging Issues
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED /LOCAL LAW!
COUNCIL -APPROVED
The HRC has the discretion to act with
Ongoing
TBD
TBD
N/A
respect to any human relations matter when
the commission finds that any person or
group does not benefit fully from public or
private opportunities or resources in the
community, or is unfairly or differently treated
due to factors of concern to the
commission.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Lower priority
N/A
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CITY O F Transportation Workplan J
PALO ALTO
tanning an ransportation Commission (PTC)
2024-25 Workplan and 2023-24 Workplan Overview Date reviewed by PTC April 24, 2024
Staff Liaison: Amy French, Chief Planning Official, Planning and Development Services (PDS)
Lead Department: Planning and Development Services (PDS); Office of Transportation (OOT)
The seven -member Planning & Transportation Commission adopted its 2023-24 work plan on April 26, 2023. The members and chairs are listed below. Members serve 4 -year terms. See
About the Commission
Planning & Transportation Commission (PTC) webpage link: http://www.citvofpaloaIto.org/gov/boards/ptc/defauIt.asp
• Doria Summa (Chair)
• Bryna Chang (Vice Chair)
• Bart Hechtman
• Keith Reckdahl
• Carolyn Templeton
• Allen Akin
• George Lu
The Planning & Transportation Commission advises the City Council, Planning Director, and Chief Transportation Official on land use and transportation matters, including the Comprehensive
zoning, transportation programs, and related matters. The Commission's primary responsibilities include:
• Preparing and making recommendations to the City Council on the City's Comprehensive Plan and applying the Comprehensive Plan to proposed development, public facilities, and
transportation in Palo Alto
• Considering and making recommendations to the City Council on zoning map and zoning ordinance changes; any changes to Title 18 of the Palo Alto Municipal Code must be reviewed
by the PTC and the City Council
• Reviewing and making recommendations to the City Council on subdivisions and Site and Design Reviews, on appeals on variances and use permits
• Considering other policies and programs affecting development and land use in Palo Alto for final City Council action
• Reviewing and making recommendations on individual projects as described in the Municipal Code, and Open Space development;
• Reviewing and making recommendations to the City Council on transportation, parking, and other related mobility issues
• Ensuring robust community engagement and dialogue regarding planning, land use, and transportation and providing recommendations to the City Council regarding these matters and
incorporating the public discussion. The PTC hearings provide a forum for public comment and public interaction
Prior Year Accomplishments
i ne r' i c. recommenaea tne revisea housing Bement, orainances, ana aeveiopment, proviaea reeaoacK in stuay sessions, recommenaea poncy airection, reviewea annual reports, compietea goais ana continues tne ongoing goals.
Transportation Goal 1 Road Safety and Goal 9 BPTP: BPTP vision sessions (PTC, 4/29 CC), Safe Streets For All (PTC, 4/29 CC), El Camino Real bike lanes (PTC, 4/1 CC), traffic safety report reviews ongoing; Goal 2: Retail Recovery —
sessions, ad -hoc, report to Council; Goal 3 ongoing; Goal 4 met: NVCAP and Certified SEIR and zoning code amendment (5/8 PTC, 6/10 CC); Goal 5 HE revision (4/15 PTC/Council adoption) and HE ordinances for: Safe Parking,
Implementing HE Programs 1.1A, 1.1B (rezoning GM/ROLM), 1.3 (By -Right Housing on HE sites), Density Bonus law, HIP (6/12 PTC); Goal 6: State legislation implementation included SB9, AB2097 handouts and map; Goal 8: On
Demand Transit— PA Link launched; Goal 10 Car Free St. - CMO; Goal 11 RRP 11/23 ord. - met; Goal 12: Dark Sky/ Bird -safe Glass (5/29 PTC); Goal 13: Stream Corridor not met (target dates end of summer); Other ordinances
adopted in term: Electrification/Noise, Parklets, PHZs 800 San Antonio, 3265 ECR, 660 University; Projects reviewed: 575, 830 Los Trancos; 3200 Park/340 Portage, 2901 Middlefield; 4075 ECR, 2501 Embarcadero
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CITY OF I Item13
PALOALTO Attachment D - FY 2025 Planning and
Transportation Workplan
Planning and Transportation Commission (PTC)
2024-2025 Workplan
Staff Liaison: Amy French, Chief Planning Official, Planning and Development Services (PDS)
Lead Departments: Planning and Development Services (PDS); Office of Transportation (OOT)
PROJECT/GOAL 1: Safe Streets For All Safety Action Plan
Review and su ort the ado tion of the Safe Streets for All Safet Action Plan
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED/LOCAL LAW/COUNCIL-
Opportunity to investigate an area
Estimated adoption by the end of 2024
Fully funded by a FHWA grant
Adoption of plan by Council
No
of considerable public concern.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Safety for pedestrians, cyclists, and motorists is important. Reducing and/or eliminating
The challenges in this area are addressed through existing committees and active
No
injury and death resulting from collisions is an important priority for many residents. A
projects. The work continues regardless.
public dialogue at the PTC is welcomed by those concerned members of the public.
PROJECT/GOAL 2: Retail Ordinance Updates
Council is likely to direct PTC to amend Zoning Code after staff presents the Retail Study prepared by MBI, reviewed by the PTC with support from PTC ad hoc committee; the study included consideration of AB 2097
and outreach. This is a Council priority (objective 18 of EDT): "Present to Council recommendations for a citywide retail zoning strategy and receive direction for zoning ordinance implementation."
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED/LOCAL LAW/COUNCIL-
Overall, this project aims to ensure
The high-level reviews of trends and best practices
Consultant work, staff oversight, and
These interrelated projects may result in
Yes - Council assigned.
a strong climate for retail
in retail will be presented to Council June 10, 2024.
meetings preparation, and participation
the development of new ordinances
businesses in Palo Alto that can
The PTC is likely to receive Council direction for Title 18
from the local retail community.
and/or broader policy recommendations
allow residents to meet their daily
changes in the 2024-25 plan year.
to the City Council.
needs and have a high quality of
I ife.
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
While this is an impactful body of work, the need to get it right and coordinate with
Any shifts in retail trends that will endure are occurring and can benefit from further and
existing and new resources outweighs the need to quickly pursue the work.
Yes
refined action by the City.
PROJECT/GOAL 3: Area Planning
This goal carries forward the prior year goal for neighborhood planning approaches and overall effectiveness of various approaches to neighborhood planning. The staff and PTC will consider new neighborhoods that
esult from the 61h cycle Housing Element sites and demand for public facilities/services. For the Downtown Housing Plan, staff retained consultants and began outreach in April/May, with community assessment, community
advisory group, and technical advisory group meetings, and formulation of goals and policies. For the San Antonio Road Area Plan the RFP will be released in summer 2024, and work with a consultant on the area plan can
)eoin.
BENEFICIAL IMPACTS I TIMELINE I RESOURCES NEEDED I MEASURE OF SUCCESS I STATE MANDATEDPPROVED
�W/COUNCIL-
A
Development of preliminary schedule for By December 2024 Staff time to research and prepare a staff Successful conversation and possible No
new area plans would enable City Council to report to PTC and ARB identification of an approach (or
provide direction approaches) to guide the City's future.
HIGH PRIORITY LOWER PRIORITY COUNCIL -DIRECTED
POLICY UPDATE
Council directed work on a preliminary schedule It would be timely to hold study sessions after the Housing Element has been Yes
certified
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PROJECT/GOAL 4: Housing Program Implementation Item 13
The PTC reviewed responses to HCD second -round comments with Council on April 15, 2024. PTC reviewed zone changes and Comp Plan amendments to achieve RHNA housi am implementation
Attachment D - FY 2025 Planning and
goals (see Council objectives list) for 2024-25: Program 3.4 Housing Incentive Program (including Program 3.4 E, Expand the El Camino Real Housing Focus Area at strategic locations dcember 31, 2024,
3rogram 6.5 Alternative Housing to be completed by June 2025. The PTC may also begin work on Program 3.7 (Objective Standards in SOFA) toward the goal of December 31, 2026 Transportation Workplan
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED/LOCAL LAW/COUNCIL-
APPROVED
Compliant housing element and programs to IPTC and Council reviewed on April 15th
encourage housing development submittal for HCD certification; targets for
Programs 3.4 and 6.5 fall within plan term.
and consultant resources employed Implementation of programs by target
dates
- State Mandated
HIGH PRIORITY I LOWER PRIORITY I COUNCIL -DIRECTED
POLICY UPDATE
l Housing Incentive Program I SOFA objective standards L.
PROJECT/GOAL 5: State Law Implementation — Laws with Prior Effective Dates (AB 2097, AB 2011, SB6) and any new 2024 Laws to Become Effective 2025
B 2097, AB2011, SB6 Implementation and related policy considerations; includes development of policy considerations related to TDRs in Downtown and SOFA, parking district policies and in lieu parking fees,
alternative parking facilities, loading zone, and ride -share passenger loading.
BENEFICIAL IMPACTS I
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED I LOCAL LAW / COUNCIL -
APPROVED
Provide clarity to property owners and
Study session with PTC and Ordinance
Staff resources have been assigned.
Adoption of ordinance amendments
Yes - State
potential developers.
Recommendation during 2023-24 plan term
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
Implementing state laws and discuss policy considerations
N/A
Possibly - direction in April
PROJECT/GOAL 6: Parking Programs
The PTC will receive an update regarding options for improving the City's parking programs. This includes a Roadmap for Residential Parking Permit Program improvements and commercial parking improvements.
Parking Data Portal - PTC will receive an update regarding arkin availability data. The new license plate reader technology allows for regular collection and reporting of parkin availability.
BENEFICIAL IMPACTS I
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL -
APPROVED
Feedback from PTC and continued
Improved parking operations.
Ongoing.
Ongoing.
engagement from the public.
Yes
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
The staff work behind the project continues; proposed updates help advance the work.
This project represents a large body of ongoing work to manage parking supply and
Additionally, the public welcomes opportunities to engage w/the PTC on this topic.
parking policy.
Yes
PROJECT/GOAL 7: Bicycle and Ped Transportation Plan Update
citywide evaluation of the bicycle network and pedestrian network. The plan will identify opportunities to enhance and connect the network.
BENEFICIAL IMPACTS
I TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL -
APPROVED
Final plan update in 2025
Fully funded by a TDA3 grant
Updated bike and ped plan
No
Updated bike/ped transportation plan
HIGH PRIORITY
LOWER PRIORITY
COUNCIL -DIRECTED
POLICY UPDATE
N/A
Update is timely, but not mandated by any state laws.
No
PROJECT/GOAL 8: Comprehensive Plan Policy Implementation. This includes Streamside Corridor changes in Title 18 and other Comp Plan policies that lead to Title 18 revisions.
BENEFICIAL IMPACTS
TIMELINE
RESOURCES NEEDED
MEASURE OF SUCCESS
STATE MANDATED/LOCAL LAW/COUNCIL
APPROVED
Work through the relevant remaining
Stream corridor ordinance July 31 PTC.
Staff and consultant assistance — during a
Adopted ordinances to amend Title 18
No
Comprehensive Plan policies and programs
p p g
Others TBD; Staff identifies these tasks in
year when staff resources will be focused on
to completion
annual reports
implementation of the Housing Element
HIGH PRIORITY
LOWER PRIORITY
COUNCIL
Some of the programs and policies are lower priority
Yes — Comprehensive Plan
Some of the programs and policies are higher priority
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Item 14
Item 14 Staff Report
CITY COUNCIL
Staff Report
From: City Clerk and City Manager
CITY OF Report Type: ACTION ITEMS
PALO
ALTO Meeting Date: October 21, 2024
Report #:2408-3349
TITLE
Adoption of City Council Positions on State and Local Measures Presented to Palo Alto Voters on the
November 5, 2024 Ballot; CEQA status — not a project
RECOMMENDATION
Staff recommends that City Council review and discuss the November 5, 2024 state and local ballot
measures and consider adoption of formal positions as relevant to the City of Palo Alto or desired by the
City Council.
BACKGROUND
The Secretary of State has qualified ten measures for the November 5, 2024 statewide ballot. There is one
local ballot measure in Palo Alto. There are no other measures from other relevant local jurisdictions (such
as Santa Clara County, Palo Alto Unified School District, or Valley Transportation Authority) that will be
presented to Palo Alto voters this year.
This report summarizes the ballot measure that will be presented to Palo Alto voters on the November 5,
2024 ballot and recommends positions for the City Council to consider adopting. The positions are
intended to provide information for Palo Alto voters to consider when casting their votes. The City Council
considered taking positions on ballot measures on the November 3, 20201 and November 8, 20222 ballots.
Townsend Public Affairs, the City's legislative consultant, prepared Attachment A which summarizes the
statewide measures and includes potential local impacts of each measure. The staff -recommended
positions are based on the City Council -approved 2024 legislative guidelines3. The legislative guidelines
reflect and activate the City Council's priorities. The legislative guidelines follow one or more of the
following four foundational principles:
1 City Council, 9/14/2020; Agenda Item 11, Staff Report #11550:
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=80624
2 City Council, 10/3/2022; Agenda Item #10; Staff Report #14787:
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82062
3 City of Palo Alto's 2024 Federal and State Legislative Guidelines:
https://www.citvofDa Ioa Ito.org/files/assets/Du bl is/v/1/city-manager/legislation/adoated-2024-Iegislative-
uidelines.pdf
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Item 14
Item 14 Staff Report
1. Promote local fiscal sustainability
2. Support funding opportunities
3. Preserve local control
4. Protect the health and safety of the community
Staff recommended positions only where the legislative guidelines clearly apply.
At your discretion, Council may take positions on these or other ballot measures.
ANALYSIS
The below section summarizes the November 5, 2024 statewide and local ballot measures. Additional
information on statewide and local measures, including arguments in favor and against, impartial
analyses, and full text may be found at the California Secretary of State's Official Voter Information Guide4
or City's ballot measure pages.
Statewide Ballot Measures
Proposition
Secretary of State Official Summary
Staff Recommended
Position
Proposition 2
• Authorizes $10 billion in state general obligation bonds for
No recommended
repair, upgrade, and construction of facilities at K-12 public
position.
schools (including charter schools) and community
colleges.
• Provides funding for new facilities, to improve school health
and safety conditions at existing facilities, and for classroom
upgrades (e.g., science, engineering, transitional
kindergarten, and vocational classrooms).
• Expands eligibility for financial hardship grants for small and
disadvantaged school districts.
• Provides higher percentage of state matching funds to
schools demonstrating greatest need.
• Requires public hearings and performance audits.
• Appropriates money from General Fund to repay bonds.
Proposition 3
• Amends California Constitution to recognize fundamental
Support. Applicable
right to marry, regardless of sex or race.
guidelines: Support
• Removes language in California Constitution stating that
policies that promote
marriage is only between a man and a woman.
equity.
4 California Secretary of State November 5, 2024 Official Voter Information Guide — Propositions:
https://voterguide.sos.ca.gov/propositions/
s City of Palo Alto November 5, 2024 Ballot Measure D: https://www.cityofpaloaIto.org/Departments/City-
Clerk/Municipal-Elections/November-5-2024-Ballot-Measure-D
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Item 14
Item 14 Staff Report
Proposition
Secretary of State Official Summary
Staff Recommended
Position
Proposition 4
• Authorizes $10 billion in state general obligation bonds for
Support. Applicable
various projects to reduce climate risks and impacts: $3.8
guidelines: Promotes the
billion for safe drinking water and water resilience; $1.95
use of renewable
billion for wildfire prevention and extreme heat mitigation;
resources, water
$1.9 billion for protection of natural lands, parks, and
conservation, and the
wildlife; $1.2 billion for protection of coastal lands, bays,
flexible use of existing
and oceans; $850 million for clean energy; and $300 million
resources; Supports the
for agriculture,
protection of our natural
• Prioritizes projects benefitting disadvantaged communities,
environment, including
• Requires annual audits.
open space, trees/tree
• Appropriates money from General Fund to repay bonds.
canopy, and biodiversity.
Proposition 5
• Allows local bonds for affordable housing for low- and
Support. Applicable
middle -income Californians, or for public infrastructure
guidelines: Supports
including roads, water, and fire protection to be approved
lowering or maintaining of
by 55% of voters, rather than current two-thirds approval
voter thresholds for local
requirement.
revenue measures.
• Bonds must include specified accountability requirements,
including citizens oversight committee and annual
independent financial and performance audits.
• Allows local governments to assess property taxes above
1% to repay affordable housing and infrastructure bonds if
approved by 55% of voters instead of current two-thirds
approval requirement.
Proposition 6
• Amends the California Constitution to remove the current
No recommended
constitutional provision that allows jails and prisons to
position.
impose involuntary servitude to punish crime (i.e., forcing
incarcerated persons to work).
• Prohibits the California Department of Corrections and
Rehabilitation from punishing incarcerated persons for
refusing a work assignment. Allows incarcerated persons to
voluntarily accept work assignments in exchange for credit
to reduce their sentences.
Proposition
• California's minimum wage is currently $16 per hour. This
No recommended
32
measure increases that minimum, as follows:
position.
o Employers with 26 or more employees would pay $17
hourly for the remainder of 2024 and $18 hourly
beginning on January 1, 2025.
o Employers with 25 or fewer employees would
pay $17 hourly beginning January 1, 2025, and
$18 hourly beginning January 1, 2026.
• Thereafter, as existing law provides, the minimum wage
annually adjusts for inflation.
• In addition to the generally applicable minimum wage
described above, current laws establish a higher minimum
wage in specified industries. This measure does not amend
those laws.
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Item 14
Item 14 Staff Report
Proposition
Secretary of State Official Summary
Staff Recommended
Position
Proposition
• Current state law (the Costa -Hawkins Rental Housing Act of
No recommended
33
1995) generally prevents cities and counties from limiting
position.
the initial rental rate that landlords may charge to new
tenants in all types of housing, and from limiting rent
increases for existing tenants in (1) residential properties
that were first occupied after February 1, 1995; (2) single-
family homes; and (3) condominiums.
• This measure would repeal that state law and would
prohibit the state from limiting the ability of cities and
counties to maintain, enact, or expand residential rent -
control ordinances.
Proposition
• Requires health care providers meeting specified criteria to
No recommended
34
spend 98% of revenues from federal discount prescription
position.
drug program on direct patient care.
• Applies only to health care providers that: (1) spent over
$100,000,000 in anyten-year period on anything otherthan
direct patient care; and (2) operated multifamily housing
reported to have at least 500 high -severity health and
safety violations.
• Penalizes noncompliance with spending restrictions by
revoking health care licenses and tax-exempt status.
• Permanently authorizes state to negotiate Medi-Cal drug
prices on statewide basis.
Proposition
• Makes permanent the existing tax on managed health care
No recommended
35
insurance plans (currently set to expire in 2026), which, if
position.
approved by the federal government, provides revenues to
pay for health care services for low-income families with
children, seniors, disabled persons, and other Medi-Cal
recipients.
• Requires revenues to be used only for specified Medi-Cal
services, including primary and specialty care, emergency
care, family planning, mental health, and prescription
drugs.
• Prohibits revenues from being used to replace existing
Medi-Cal funding.
• Caps administrative expenses and requires independent
audits of programs receiving funding.
Proposition
• Allows felony charges for possessing certain drugs and for
No recommended
36
thefts under $950 —both currently chargeable only as
position.
misdemeanors —with two prior drug or two prior theft
convictions, as applicable. Defendants who plead guilty to
felony drug possession and complete treatment can have
charges dismissed.
• Increases sentences for other specified drug and theft
crimes.
• Increased prison sentences may reduce savings that
currently fund mental health and drug treatment programs,
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Item 14
Item 14 Staff Report
Proposition
Secretary of State Official Summary
Staff Recommended
Position
K-12 schools, and crime victims; any remaining savings may
be used for new felony treatment program.
Palo Alto Ballot Measure
Proposition
Ballot Question
Staff Recommended
Position
Measure D
Undedicates a 0.33 -acre portion of existing parkland in El
Support. Applicable
Camino Park for the purpose of creating a new road primarily
guidelines: supports
for transit vehicles linking the Palo Alto Transit Center with El
expansion and/or
Camino Real
maintaining of public
transit options throughout
Palo Alto, especially
funding for transit.
FISCAL/RESOURCE IMPACT
There is no financial impact associated with adopting support or oppose positions on ballot measures. The
City Council annually budgets for legislative advocacy services, and these efforts are led by staff in the City
Clerk's Office with stakeholder support across departments, especially the City Manager's Office.
STAKEHOLDER ENGAGEMENT
Staff from multiple departments are involved in the City's legislative advocacy process. Staff
meet regularly with the City's legislative consultants to review pending state and federal activity, including
legislation, grant opportunities, and ballot measures with potential impacts to the City.
ENVIRONMENTAL REVIEW
The City's legislative advocacy 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 change in the environment).
ATTACHMENTS
Attachment A: Townsend Public Affairs November 2024 Ballot Initiatives Memo
APPROVED BY:
Mahealani Ah Yun, City Clerk
Staff: Christine Prior, Deputy City Clerk
Item 14: Staff Report Pg. 5 Packet Pg. 351 of 377
TOWNSEND
TPA
MEMORANDUM
To: City of Palo Alto
Honorable Mayor Stone and Members of the City Council
Ed Shikada, City Manager
From: Townsend Public Affairs
Niccolo De Luca, Vice President
Carlin Shelby, Senior Associate
Date: October 8, 2024
Subject: November 2024 Ballot Initiatives
Item 14
Attachment A -Townsend
Public Affairs November
2024 Ballot Initiatives
Memo
On Tuesday, November 5, 2024, millions across the nation will cast their ballot in the General
Election. Not only will voters be weighing in on nationwide races such as the Presidential and
Congressional elections, but Californians will also be voting on Legislative offices, statewide
ballot measures, as well as local offices and measures.
In order for ballot initiatives, referendums, and constitutional amendments to qualify for the
November 2024 ballot, measures had to collect sufficient signatures, or receive legislative
approval, prior to June 27. Notably, the 2024 General Election ballot featured a number of last-
minute changes, including intervention from the California Supreme Court to pull the Government
Transparency and Taxpayer Protection Act from the ballot entirely, a series of deals with
proponents of qualified ballot measures to remove them in exchange for legislative action, and
the inclusion of two last-minute statewide bond proposals for climate and school facilities funding.
Following the race to ballot finalization, the official November 2024 ballot will include 10 statewide
ballot measures, ranging from statewide bond proposals, local rent control authority, a Proposition
47 referendum, and a statewide minimum wage increase. Below is a summary of statewide voter
initiatives, as well as additional information related to those items that may impact local public
agencies.
Below is a comprehensive list of the 10 eligible initiatives that will be on the November 2024 ballot,
in numerical order:
Proposition 2: Issues $10 billion in bonds to fund construction and modernization of public K-14
education facilities.
Proposition 3: Repeals Proposition 8 and establishes a right to marry.
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Attachment A -Townsend
Public Affairs November
2024 Ballot Initiatives
Proposition 4: Issues $10 billion in bonds to fund state and local parks, en Memo tion
projects, water infrastructure projects, energy projects, and flood protection projects.
Proposition 5: Lowers the vote threshold from 66.67% to 55% for local bond measures to fund
housing projects and public infrastructure.
Proposition 6: Removes involuntary servitude as punishment for a crime from the state
constitution.
Proposition 32: Increases minimum wage to $18.00 an hour.
Proposition 33: Repeals the Costa Hawkins Rental Housing Act.
Proposition 34: Requires health care providers to spend 98% of revenues from federal discount
prescription drug program on direct patient care.
Proposition 35: Permanently authorizes a tax on managed care organizations to fund Medi-Cal
programs.
Proposition 36: Increases drug crime and theft penalties and allows a new class of crime to be
called treatment -mandated felony, which allows the offender the option to participate in drug and
mental health treatment.
The following summaries correspond to initiatives that could have potential impacts on local public
agencies. This list is not comprehensive of all measures that will appear on the statewide General
Election ballot.
PROPOSITION 2: Kindergarten Through Grade 12 Schools and Local Community College
Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024
Origin: Legislature — AB 247
Summary: If passed, this initiative issues $10 billion in bonds to fund the construction and
modernization of public education facilities, with the following breakdown:
• $4 billion for the modernization of school facilities, with at least 10% being reserved for
small schools and $115 million for testing/remediation of lead in water
• $3 billion for new construction of school facilities, with at least 10% being reserved for
small school districts
• $1.5 billion for community college facilities
• $600 million for charter school facilities
• $600 million for career technical education programs
If approved, the new construction and modernization of K-12 school facilities will be carried out
via the California Department of Education, based on facilities master plans that have been
approved by local education agencies. Funding for community college facilities would be carried
out through the existing capital outlay process overseen by the Community College Board of
Governors and funded through the annual state budget process.
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Attachment A -Townsend
Public Affairs November
2024 Ballot Initiatives
Potential Local Agency Impacts: The construction and rehabilitation of p Memo are
funded by a combination of state and local general obligation (GO) bonds, developer's fees and
local assessments such as Mello -Roos community facilities districts. If approved by voters, the
bond funds could work to lower developer fees and local assessments, thus decreasing the cost
of building housing.
Support and Opposition: Supporters of Proposition 2 include the California Federation of
Teachers, the Californian Labor Federation, the California Republican Party, the Californian
Democratic Party, and the State Superintendent of Public Instruction Tony Thurmond, among
others. The Yes on Proposition 2 Campaign has raised $5.7 million in campaign funds. Opponents
include the Howard Jarvis Taxpayers Association, with no official campaign PAC funding raised.
PROPOSITION 4: The Safe Drinking Water, Wildfire Prevention, Drought Preparedness,
and Clean Air Bond Act of 2024
Origin: Legislature — SB 867
Summary: If passed, this initiative issues $10 billion in bonds to fund state and local parks,
environmental protection projects, water infrastructure projects, energy projects, and flood
protection projects. With a general breakdown as follows:
• $3.8 billion for safe drinking water, drought, flood, and water resilience programs
• $1.5 billion for wildfire and forest resilience
• $450 million for extreme heat mitigation
• $1.2 billion for biodiversity programs
• $300 million for sustainable, climate -smart farms and working lands programs
• $1.2 billion for coastal resilience programs
• $700 million for park creation and outdoor access
• $850 million for clean air programs
• <$20 million for administrative costs
• Up to 10% of funds within each funding pot must be allocated to severely disadvantaged
communities
If approved, the funding would be distributed by a number of state agencies through various
existing grant and funding programs. It is likely that the initial funding would be included as part
of the FY 2025-26 state budget.
Potential Local Agency Impacts: Proposition 4 includes funding for numerous programs that
local agencies are eligible to apply for, including, but not limited to, park and open space, water
storage and conveyance, wildfire and forest resilience, and coastal programs. If passed by voters,
these funds would supplement the state's budget and provide additional insurance against
potential budget deficit issues that could lead to spending reductions across climate -related
accounts.
Support and Opposition: Supporters of Proposition 4 include SEIU California, the California
Democratic Party, California Professional Firefighters, the California Teachers Association, and
the California Municipal Utilities Association, with $1.2 million raised in campaign funds.
Opponents include the Howard Jarvis Taxpayers Association, the California Republican Party,
and several Republican state legislators, with no campaign funds raised.
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PROPOSITION 5: Local Government Financing:
Infrastructure: Voter Approval
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Affordable Housing a Memo
Origin: Legislature — ACA 1, as Amended by ACA 10
Summary: This initiative reduces voter threshold requirements from 2/3 to 55% for general
obligation bonds financing affordable housing, permanent supportive housing, or public
infrastructure, and any associated ad valorem taxes needed to pay the interest and redemption
charges on bonded indebtedness.
This measure defines public infrastructure to include facilities for the delivery of public services,
including education, police, fire protection, parks, recreation, open space, emergency medical,
public health, libraries, flood protection, streets or highways, public transit, railroad, airports, and
seaports. Additionally, facilities or infrastructure that are energy -related, communications -related,
water -related, or wastewater -related also would qualify to be considered at the lower vote
threshold. This measure would cap the maximum amount of any ad valorem tax on real property
at 1% of the property's value.
Potential Local Agency Impacts: By reducing the voter threshold for the passage of local bond
measures, Proposition 5 will make it easier for local agencies to raise bond revenues. Investment
initiatives often fail to reach the legal requirement of a 2/3 vote, a threshold under which
opponents' votes count twice as much as those community members who support infrastructure
investments. Current law authorizes school districts to pass bond measures at a 55% vote
threshold. Proposition 5 would create voter threshold parity between school districts and cities,
counties, and special districts. Notably, the provisions of Proposition 5 impact bond measures on
the same ballot. If Proposition 5 receives a majority vote, the 55% threshold could be applied to
major revenue measures such as the Bay Area Housing Finance Authority (BAHFA) $20 billion
affordable housing bond, thus increasing its chance of passage.
Support and Opposition: Supporters of Proposition 5 include the California Democratic Party,
the California State Building and Construction Trades Council, the AIDS Healthcare Foundation,
California YIMBY, and the California Labor Federation, with $5 million in campaign funds raised.
Proposition 5 opponents include the California Chamber of Commerce, the Howard Jarvis
Taxpayers Association, the California Republican Party, and Catalysts for Local Control, with
$29.7 million in campaign funds raised.
PROPOSITION 32: Raises Minimum Wage
Origin: Citizen -led initiative
Summary: This constitutional amendment increases the state minimum wage to $18.00 per hour
by 2026 for all employers, and thereafter adjusts the rate annually by increases to the cost of
living.
Existing law requires annual increases to California's minimum wage until it has reached $15.00
per hour for all businesses on January 1, 2023. This measure extends these annual increases
($1.00 per year) until minimum wage —currently, $15.00 per hour for businesses with 26 or more
employees, and $14.00 per hour for smaller businesses —reaches $18.00 per hour. Thereafter,
as existing law requires, the minimum wage will annually adjust for inflation. In periods of
decreased economic activity, or General Fund deficit, the Governor may suspend the annual
increase up to two times, thereby extending the timeline for reaching $18.00 per hour.
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Potential Local Agency Impacts: Unclear change in annual state and loc Memo ely
between a loss of a couple billion dollars and a gain of a few hundred million dollars. An increase
in annual state and local government costs is likely between half a billion dollars and a few billion
dollars.
Support and Opposition: Supporters of Proposition 32 include the California Labor Federation,
the Working Families Party California, the California Democratic Party, and the League of Women
Voters of California, with over $609,000 in campaign funds raised. Opponents of Proposition 32
include the California Chamber of Commerce, the California Grocers Association, the California
Republican Party, and the Howard Jarvis Taxpayers Association, with $65,000 in campaign funds
raised.
PROPOSITION 33: Expands Local Governments' Authority to Enact Rent Control on
Residential Property
Origin: Citizen -led initiative
Summary: This constitutional amendment repeals the Costa Hawkins Rental Housing Act.
Current state law (the Costa -Hawkins Rental Housing Act of 1995) generally prevents cities and
counties from limiting the initial rental rate that landlords may charge to new tenants in all types
of housing, and from limiting rent increases for existing tenants in (1) residential properties that
were first occupied after February 1, 1995; (2) single-family homes; and (3) condominiums. This
initiative would repeal that state law and would prohibit the state from limiting the right of cities
and counties to maintain, enact, or expand residential rent -control ordinances.
The measure repeals the limits on local rent control laws in Costa -Hawkins. Under the measure,
cities and counties can regulate rents for any housing. They also can limit how much a landlord
may increase rents when a new renter moves in. The measure itself does not make any changes
to existing local rent control laws. Generally, cities and counties would have to take separate
actions to change their local laws. However, in some cases, existing provisions in local rent control
laws that are currently inoperative because they are prohibited by Costa -Hawkins could become
operative without further action at the local level. The measure does not affect the requirement
that rent control laws must allow landlords to receive a fair rate of return.
Further, the measure specifies that the state may not limit the right of cities and counties to
maintain, enact, or expand rent control. However, the state still could set some minimum
protections for renters, like the current statewide limit on rent increases.
Potential Local Agency Impacts: According to the Legislative Analyst's Office (LAO), the
proposed initiative could have economic ramifications for state and local revenues, particularly
affecting property taxes, sales taxes, and income taxes.
Regarding property taxes, there is an anticipated decrease over time due to a projected decline
in rental property values. This decline would likely lead to reduced property tax payments by
landlords. While property tax bills might reset at higher levels following property sales, any
revenue gains from these adjustments are expected to be outweighed by overall revenue losses
resulting from diminished property values.
Sales tax revenues could potentially increase if renters redirect their savings from reduced rents
toward purchasing taxable goods. This change in consumer spending behavior has the potential
to bolster sales tax revenues collected by state and local governments.
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Memo
Income tax payments by landlords are also expected to fluctuate. Some landlords may experience
decreases in their income tax payments due to reduced rental income from lower rents.
Conversely, landlords could see potential increases in income tax payments over time as they
benefit from reduced expenses related to property acquisition, such as mortgage interest and
property taxes. However, the net effect on state income tax revenues remains uncertain and will
depend on various factors.
Overall, the measure is likely to result in a reduction in state and local revenues, with property
taxes expected to be the most significantly affected. The extent of these revenue losses will
depend on how communities respond to the measure, particularly in terms of expanding or
implementing rent control laws. Additionally, local governments may face increased costs
associated with administering new or expanded rent control policies, potentially funded through
fees imposed on owners of rental housing.
Support and Opposition: Supporters of Proposition 33 include the AIDS Healthcare Foundation,
the California Democratic Party, the California Nurses Association, UNITE HERE Local 11, and
Consumer Watchdog, with $43.8 million in campaign funds raised. Proposition 33 opponents
include the California Small Business Association, the California Council of Carpenters, California
YIMBY, the California Chamber of Commerce, the California Republican Party, and several
Democratic state legislators, with over $119 million in campaign funds raised.
PROPOSITION 36: Allows Felony Charges and Increases Sentences for Certain Drug and
Theft Crimes
Origin: Citizen -led Initiative
Summary: If approved by voters, this constitutional amendment would increase penalties for
certain drug crimes by increasing sentence lengths and level of crime. The proposition would add
fentanyl to the list of drugs that would warrant a felony charge if an individual possesses one of
the listed drugs and a loaded firearm. The punishment for this crime is up to four years in prison,
whereas currently possessing fentanyl and a loaded firearm is punishable by up to one year in
jail. This initiative would increase sentences based on the quantity of certain drugs sold illegally.
The measure would also require individuals who receive increased sentences because of this to
serve their entire sentence in state prison, regardless of their criminal history.
The proposition would increase penalties for certain theft crimes. For crimes where money or
property worth $950 or less is stolen, the initiative would make the crime punishable as a felony
for individuals who have two or more prior theft -related convictions. The initiative would make the
punishment up to three years in jail or prison, depending on the individual's criminal history, an
increase from the current six months. The initiative would also increase sentences based on the
amount of property stolen.
Potential Local Agency Impacts: According to the LAO, the proposed measure is expected to
have significant implications for county jail populations and community supervision. It includes
provisions that would shift certain sentences from county jails to state prisons, reducing local jail
populations. Conversely, it introduces changes that could extend jail time for lower -level theft
crimes, potentially increasing the number of people under county supervision.
Moreover, the measure is anticipated to increase the number of individuals sentenced to prison,
subsequently increasing the population under Post -Release Community Supervision (PRCS)
upon their release. Overall, this could lead to a net annual increase of thousands in the county
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correctional population. Financially, the growth in county correctional popu Memo d to
incur additional costs, albeit partially offset by reduced expenses as individuals are shifted to state
prisons. This net increase in county correctional costs is estimated to be potentially tens of millions
of dollars annually.
Additionally, the measure is expected to escalate local court -related workloads. This includes
higher felony filings, which would increase demands on local prosecutors, public defenders, and
other county departments involved in mandated treatment processes for felonies. The resulting
rise in local court -related costs could also amount to tens of millions annually, depending on
implementation specifics and the actual impact on case volumes.
The measure's impact on state savings derived from Proposition 47 could reduce funding
available for mental health services, substance use programs, truancy prevention, and victim
services. The full extent of these fiscal effects will depend on how the measure alters the
estimated savings attributed to Proposition 47 and other potential effects on crime rates and
criminal justice expenditures.
Support and Opposition: Supporters of Proposition 36 include Walmart, Target, Home Depot,
the California District Attorneys Association, the California Correctional Peace Officers
Association, the California Chamber of Commerce, and the California Republican Party, with
$14.7 million in campaign funds raised. Proposition 36 opponents include Governor Gavin
Newsom, Assembly Speaker Robert Rivas, Senate President Pro Tem Mike McGuire, ACLU of
Northern California, and the California Democratic Party, with $3.7 million in campaign funds
raised.
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CITY COUNCIL
Colleagues Memo
Sponsors: Council Member Lydia Kou and Vice -Mayor Lauing
CITY OF
PALO Meeting Date: October 21, 2024
Report #: 2410-3600
ALTO
TITLE
Colleagues Memo - Restoration of subjective aesthetic standards to Palo Alto's Wireless
Communication Facilities (WCF) ordinance.
RECOMMENDATION
Repeal objective -only aesthetic standards for the siting and design of cell towers (WCFs) and
restore subjective aesthetic standards, public hearings, and Architectural Review Board review.
Support for Recommendation
1. The only reason that the City imposed "objective" standards was because the FCC forced
it in new rules issued in 2018. PTC and others did not think this was the right path. In
fact, Palo Alto's ordinance anticipated that the Council could quickly repeal the
"objective" standards once it regained the authority to do so, because over 100 cities and
the League of California Cities had already sued the FCC by the time that Palo Alto enacted
the new ordinance in 2019. (PACC § 18.42.110(g)(h).)
Here is what the Ninth Circuit said in August, 2020, when it struck down the FCC's restriction:
We conclude that the FCC's requirement that all aesthetic regulations be "objective" is
arbitrary and capricious. At the very least, the agency must explain the harm that it is
addressing, and the extent to which it intends to limit regulations meant to serve
traditional zoning objectives of preventing deployments that are unsightly or out of
neighborhood character. . . The requirement that local aesthetic regulations be
"objective" is neither adequately defined nor its purpose adequately explained.
City of Portland v. United States, 969 F.3d 1020, 1042 (9th Cir. 2020).
Before there were "objective -only" standards, there was a thoughtful list of subjective standards,
a list that had been prepared collaboratively by multiple City departments and by the ARB. The
City can seamlessly return to these standards now.
2. Careful and comprehensive review of wireless facilities is particularly necessary because
federal law allows small cell sites that are not entirely hidden to be increased in height
and girth by ten feet not withstanding zoning limits. (47 CFR § 1.6100(b)(7)(i).) This means
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that even if a site complies with "objective" standards on the day it is approved, it can be
altered in ways that will not be compliant in the future. No other permit operates this
way.
3. Currently, because of the narrow scope of "objective" aesthetic review, issues with the
site of a proposed cell tower are not even eligible to be considered. Having a robust and
demanding discretionary application review process pushes applicants to self -regulate
and submit the best option in the first place, so there will be less need for appeals.
4. Staff has concern with shot clock compliance. But in practice, the 60-90 day shot clocks
are extended frequently - often because the applicant needs more time to get its own
application organized and complete internal engineering or planning related to trenching
and fiberoptic backhaul for installation.
Moreover, so long as the City makes a Director -level decision before the shot clock period
ends, it will have complied with the FCC regulations. (47 CFR § 1.6003(a).) The impact of
the shot clocks expiring after a decision is made will only be to cut off any subsequent
right to appeal lithe applicant does not agree to an extension. In many instances, due to
the importance of cooperation from the City and the collaborative framework created by
the Master License Agreement, cell tower applicants will likely enter into shot clock tolling
agreements to stop the clock, even if it means allowing an appeal (sometimes that appeal
will be for their own benefit). Recently, for example, AT&T agreed to extend the shot
clock to allow a resident in Santa Cruz County to appeal because the County requested
this extension so that their process can play out as intended in their ordinance.
Voluntary shot clock tolling also goes both ways. If the City is approaching the end of the
shot clock and does not have the information needed to approve the application, the City
will deny the application to avoid blowing the shot clock. In those instances, the applicant
needs the City's approval to extend the shot clock. As the regulations say, a tolling
agreement to stop the shot clock requires "a written agreement between the applicant
and the siting authority [i.e, the City]." (47 C.F.R. § 1.6003(d).) Caselaw confirms that
denying an incomplete application, without offering the applicant further opportunity to
remedy it, is lawful. (ExteNet Sys. v. City of Cambridge, 481 F. Supp. 3d 41, 51 (D. Mass.
2020).)
It is also important to keep in mind that while shot clocks were tightened by the FCC small
cell order from 2018, the concept was not new. Since 2009, a 90 -day FCC shot clock was
in place for colocations. (FCC, Petition for Declaratory Ruling to Clarify Provisions of
Section 332(c)(7)(B), 24 FCC Rcd 13994 (November 18, 2009),) so the City has had
experience operating the discretionary process under similar time pressure.
5. Other cities have "small cell" cell tower ROW approval processes that include multiple
levels of review, each with a publicly -noticed hearing (e.g.Carmel-by-the-Sea, Malibu,
Martinez, Mill Valley, Pinole, San Francisco).
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6. Presently, unless there is an appeal to City Council, there is no opportunity at all for a
public hearing because the Planning Director's decisions are made in private. (Note that
the cell tower applicant may hold a "community meeting", but this is a one-sided show
by the applicant. It is no substitute for real public participation, including input to city
officials. (PACC § 18.42.110(d)(7)). )
7. The inclusion of the ARB in the review process should not significantly increase the
workload of Planning staff. It somewhat increases the load on the ARB, but this is
something they want to take on. Moreover, applicants generally use consistent designs,
so it should not be that burdensome for the ARB to review an application. The main
question for them is how facilities can be camouflaged and best positioned to minimize
esthetic impacts.
In particular, the ARB is best qualified to prioritize siting and design goals. Right now,
there is no prioritization going on. Staff evaluates cell tower applications solely on the
basis of how few "exceptions" to objective standards they require, without taking into
account what the exceptions are that are being sought. Hence, proximity to a residence,
which is what residents care most about, is deemed no more important than, for example,
the color of the paint used on the pole.
8. So far, the City has only approved one standard design for cell towers, a design for a tower
located on a decorative metal lamp pole. As things stand now, the "objective" standards
are not actually consistently objective, because applicants frequently request and obtain
exceptions based on their own claims of necessity. (PACC § 18.42.110(k); Design
Standards, p.8.) Since non-objective (that is, subjective) decisions and tradeoffs are being
made all the time anyway, the question is, who should make them: The Planning Director
or the ARB? The ARB is best qualified to do this.
9. More robust review is also important because cities, such as San Mateo, are finding that
small cell applicants are not in fact compliant with permit conditions and are then
resistant to remedying these deficiencies when they are discovered.
10. Staff acknowledge that they lack the expertise to assess the accuracy of any transmission -
related assertions that applicants use to justify exceptions to the City's standards. The
City should hire a technical expert that does not work for the telecom industry to quickly
make sure applications are complete so that the shot clocks can be halted within the 10
days after receipt of the application, and also to advise on what is or is not technically
feasible. This cost will, by law, be passed on to applicants. There are a few engineering
firms that solely represent municipalities, such as Center for Municipal Solutions
(http://www.telecomsol.com/www2/node/20), which review all applications submitted
to some of its city clients.
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BACKGROUND
On September 26, 2018, the Federal Communications Commission (FCC) enacted the Declaratory
Ruling and Third Report and Order, known as the "Small Cell Order," directing that local
regulation of Small Wireless Facilities in the public right-of-way must be published in advance
and be "(1) reasonable, (2) no more burdensome than those applied to other types of
infrastructure deployments, and (3) objective."
In response to the Small Cell Order, on June 13, 2019, the City Council adopted Ordinance 5465,
which provided that Tier 2 wireless communication facilities (WCFs) (e.g., adding new equipment
to an existing small wireless facility ("collocation")) and Tier 3 WCFs (e.g., new small wireless
facilities) would be no longer be subject to site -specific review and approval by the Architectural
Review Board (ARB) under Municipal Code Section 18.76.020, and instead would be required only
to comply with objective standards to be established by resolution. To be clear, the shift to
objective aesthetic standards didn't simply dispense with subjective standards, it a) eliminated
public hearings for proposed cell towers, and b) left the decision to approve a cell tower solely in
the hands of the Director of Planning & Development.
On December 16, 2019, the City Council adopted Resolution 9873 amending and consolidating
objective aesthetic, noise, and related standards for WCFs on streetlights and wood utility poles
in the public rights of way.
In recognition that the Small Cell Order was being challenged in a lawsuit brought by numerous
municipalities against the FCC —a lawsuit City Council supported —Ordinance 5465 provides that
in the event that "the City Council repeals all objective standards, an application [for a Tier 2 or
3 WCF] shall not be granted unless, in addition to the other requirements of this section, all of
the architectural review findings in Section 18.76.020(d) can be made."
On August 12, 2020, the Ninth Circuit issued its decision in City of Portland v. Federal
Communications Commission, 969 F.3d 1020, 1041-43,1 ruling that the Small Cell Order's
requirement that local regulations must "be no more burdensome" and "objective" exceeded
the FCC's authority and "must be vacated." (A link to the Ninth Circuit's ruling is attached below.)
FISCAL/RESOURCE IMPACT
The recommendation to restore prior subjective wireless standards and ARB findings and
processes is a straightforward task. This can be accomplished by directing staff to amend the
Wireless Communications Facility ordinance (PAMC section 18.42.110) in a manner consistent
1 On Petitions for Review of Orders of the Federal Communications Commission, Publication;
https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/misc/18-72689.pdf
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with this colleagues' memo. This process requires an ordinance amendment that would be
reviewed by the Planning and Transportation Commission (PTC) which would forward a
recommendation to the City Council for action. Alternatively, for a more expedient process, the
City Council could bypass the PTC in accordance with PAMC section 18.80.090 and amend the
WCF ordinance on a temporary basis, e.g. two years, with the additional direction to refer a
permanent amendment to the PTC.
However, modifying the design standards and review process poses additional resource
impacts. Potentially the most significant impact would be to the ARB and City Council agenda
management. Switching from the current process, in which the Planning Director reviews a
project's compliance with the objective standards and subjective standards are applied to any
requests for exceptions, to a fully discretionary review by the ARB will increase the amount of
time it takes to process applications. Staff would need to anticipate potential appeals on every
project and schedule final action hearings on the City Council's agenda prior to the ARB review
hearing, in order to meet the mandated shot clock requirements, some of which are more
stringent than those mentioned in the memo. While the colleagues' memo authors suggest an
extension for application review or appeals can be granted if agreed upon by the parties, this
approach cannot be mandated or relied upon for application processing. Applicants are unlikely
to choose this approach when presently, state or federal law (or both) provides "deemed
granted" approvals for all types of wireless project if the City fails to approve or deny it within
the limited shot clock period. In short, wireless communications facility applications are
expected to require time on the Council's agenda to make final subjective determinations on
any appeal from the ARB's project decision. This would impact the Council's ability to advance
other Council priorities or discussions without flexibility for rescheduling to a later week for
agendas that are busy or run late.
In addition, changing the design standards and review process will impact staff resources. Staff
from Planning, Utilities, Public Works, Urban Forestry and the City Attorney's Office already
participate in the application review, and would also need to be available for ARB and City
Council meetings. While staff can engage professional service agencies to respond to
application processing and review, administrative and overhead staff support will be required
to review work products, reports, and to schedule meetings. Initial training on the review
process and legal framework for wireless project decisions would also be required for ARB
members, for work currently performed and coordinated by Planning staff. Public meetings
before the ARB would require attendance from all departments contributing to wireless project
review. A wholly subjective process may impact the quality of applications received, since there
will be less guidance for project applicants on the City's standards for review. It would also
increase the likelihood of applicant appeals or requests for judicial review if the City does not
approve a project, which would require further legal services to defend.
ATTACHMENTS
Attachment A: DRAFT Resolution Repealing Objective -Only Standards
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Attachment A - DRAFT
Resolution Repealing
Objective -Only Standards
DRAFT Resolution Repealing Objective Standards DRAFT
The Council of the Charter City of Palo Alto RESOLVES as follows:
SECTION 1. Findings and Declarations.
a. On September 26, 2018, the Federal Communications Commission (FCC) enacted the Declaratory
Ruling and Third Report and Order, known as the "Small Cell Order," directing that local regulation of
Small Wireless Facilities in the public right-of-way must be published in advance and be "(1) reasonable,
(2) no more burdensome than those applied to other types of infrastructure deployments, and (3)
objective."
b. In response to the Small Cell Order, on June 13, 2019, the City Council adopted Ordinance 5465,
which provided that Tier 2 wireless communication facilities (WCFs) (e.g., adding new equipment to an
existing small wireless facility ("collocation")) and Tier 3 WCFs (e.g., new small wireless facilities) would
be no longer be subject to site -specific review and approval by the Architectural Review Board (ARB)
under Municipal Code Section 18.76.020, and instead would be required only to comply with objective
standards to be established by resolution. To be clear, the shift to objective aesthetic standards didn't
simply dispense with subjective standards, it a) eliminated public hearings for proposed cell towers, and
b) left the decision to approve a cell tower solely in the hands of the Director of Planning &
Development.
c. On December 16, 2019, the City Council adopted Resolution 9873 amending and consolidating
objective aesthetic, noise, and related standards for WCFs on streetlights and wood utility poles in the
public rights of way.
d. In recognition that the Small Cell Order was being challenged in a lawsuit brought by numerous
municipalities against the FCC —a lawsuit City Council supported —Ordinance 5465 provides that in the
event that "the City Council repeals all objective standards, an application [for a Tier 2 or 3 WCF] shall
not be granted unless, in addition to the other requirements of this section, all of the architectural
review findings in Section 18.76.020(d) can be made."
e. On August 12, 2020, the Ninth Circuit issued its decision in City of Portland v. Federal Communications
Commission, 969 F.3d 1020, 1041-43, ruling that the Small Cell Order's requirement that local regulations
must "be no more burdensome" and "objective" exceeded the FCC's authority and "must be vacated."
f. The City Council now wishes to revoke the objective standards and subject Tier 2 and Tier 3 WCFs to
review by the ARB.
SECTION 2. Repeal of Objective Standards
a. The City Council hereby repeals the "Objective Standards for Wireless Communication Facilities in the
Public Rights of Way on Streetlight Poles and Wood Utility Poles" contained in Exhibits 1, 2 and 3 of
Resolution 9873.
b. The City Council hereby directs that an application for a Tier 2 and Tier 3 WCF permit "shall not be
granted unless, in addition to the other requirements of this section, all of the architectural review
findings in Section 18.76.020(d) can be made" by the ARB as provided in Municipal Code Section
18.42.110(g)(2) and (h)(2).
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Attachment A - DRAFT
Resolution Repealing
Objective -Only Standards
c. The City Council hereby directs Staff, in Staff's review of Tier 2 and Tier 3 WCF applications, to apply
the guidelines in place prior to the passage of Resolution 9873 —specifically, the guidelines that were
prepared jointly by the ARB, by the Department of Planning & Development, and by the Utility
Department —until such time that Staff brings to Council for consideration a revised list of guidelines,
and Council approves these guidelines.
d. In order to ensure and maintain the safety, property values and aesthetic qualities of Palo Alto streets
and neighborhoods, the City Council hereby directs Staff, in Staff's review of Tier 2 and Tier 3 WCF
applications, to apply this additional guideline: Locating a WCF within 100 feet of a residential building
or within 300 feet of a public school a) shall be least preferred; b) shall only be permitted when there is
no other technically feasible location; and c) shall only be permitted if an expert, hired by the City and
having no telecommunications industry or telecommunications industry -related clients for at least two
years, has evaluated the WCF applicant's assertions as to technical feasibility. The City Council hereby
directs Staff that its priority in the siting of WCFs is to maximize the distance between these facilities and
residences.
f. The City Council hereby directs Staff to provide the public with the text of any new or revised
guidelines Staff wishes to propose to City Council at least thirty days before Staff brings these guidelines
to City Council for consideration.
SECTION 3. Savings.
If any section, subsection, clause or phrase of this resolution or the attached standards is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the
resolution and exhibits. The City Council hereby declares that it would have adopted the resolution and
exhibits, and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. Environmental Review.
The City Council finds that this resolution is exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15061 of the CEQA Guidelines, because it does not authorize the
construction of WCFs in any locations where such facilities are not already permitted; therefore it can be
seen with certainty that there is no possibility that the ordinance will have a significant effect on the
environment. The resolution is further exempt under CEQA Guidelines sections 15301, 15302, 15303 and
15305 because it represents part of a comprehensive regulatory scheme governing minor alterations to
existing facilities or small structures.
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CITY OF
PALO
ALTO
City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Utilities
Meeting Date: October 21, 2024
Report #:2408-3364
TITLE
Informational Report on the Annual Review of the City's Renewable Procurement Plan,
Renewable Portfolio Standard Compliance, and Carbon Neutral Electric Supplies for 2023; CEQA
Status — Not a Project
RECOMMENDATION
No action is necessary in response to this staff report.
EXECUTIVE SUMMARY
Like all electric utilities in California, Palo Alto is subject to the state's Renewable Portfolio
Standard (RPS) mandate of 60% by 2030. The City has also adopted a Carbon Neutral Plan, which
led to the achievement of a carbon neutral electric supply portfolio starting in 2013 (and which
was updated by Council in August 2020). In 2011, in compliance with state RPS regulations, the
Council also formally adopted an RPS Procurement Plan and an RPS Enforcement Program that
recognize certain elements of the state's RPS law applicable to publicly -owned utilities. The RPS
Enforcement Program requires the City Manager, or their designee, the Utilities Director, to
conduct an annual review of the Electric Utility's compliance with the procurement targets set
forth in the City's RPS Procurement Plan.
This staff report satisfies the reporting requirements of the City's RPS Enforcement Program,
while also providing an update on the City's compliance with the Carbon Neutral Plan. The City
continues to meet both its RPS and Carbon Neutral Plan objectives —even after selling 223,000
MWh of renewable energy in 2023.
BACKGROUND
The City currently has two independent procurement targets related to renewable and carbon
neutral electricity:
• RPS Procurement Plan (60% by 2030): The City's official renewable electricity goal is
contained in the RPS Procurement Plan that the City was required to adopt under Section
399.30(a) of California's Public Utilities Code. This was adopted in December 2011 (Staff
Item 16: Staff Report Pg. 1 Packet Pg. 366 of 377
Item 16
Item 16 Staff Report
Report 22251, Resolutions 92142 and 92153) and updated in November 2013 (Staff Report
41684, Resolution 93815), December 2018 (Staff Report 97616, Resolution 98027), and
December 2020 (Staff Report 116508, Resolution 99299). The last update to the RPS
Procurement Plan brought it into alignment with the state's 60% RPS requirement (SB
100), which was signed into law in 2018. The RPS Procurement Plan and RPS Enforcement
Program complement each other: the Procurement Plan establishes official procurement
targets, while the Enforcement Program specifies the reporting and monitoring that is
required of the Utilities Director while working to achieve those targets.
The procurement requirement in the current version of the City's RPS Procurement Plan
is that the City acquire renewable electricity supplies equal to 60% of retail sales by 2030,
which is in line with the state's current RPS mandate. The RPS Procurement Plan also
contains an escalating set of targets for six interim Compliance Periods (2011-2013, 2014-
2016, 2017-2020, 2021-2024, 2025-2027, and 2028-2030), as well as subsequent 3 -year
compliance periods beginning in 2031.
• Carbon Neutral Plan (100% Carbon Neutral Electricity): The Carbon Neutral Plan was
adopted in March 2013 (Staff Report 355010, Resolution 932211) and updated in August
2020 (Staff Report 1155612, Resolution 991313), and requires that the City procure a
carbon neutral electric supply portfolio starting in calendar year (CY) 2013. In general, this
1 Staff Report 2225: https://www.cityofpaloalto.org/files/assets/public/v/1/from-archive/agendas-minutes-
reports/reports/city-ma nsger-reports-cm rs/2011/fi na l-staff-report-id-2225-renewable-energy-procu rement-
enforcement-prop-12-12-11.pdf
2 Resolution 9214: https://www.cityofpaIoaIto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9214.pdf
3 Resolution 9215: https://www.cityofpaIoaIto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9215.pdf
4 Staff Report 4168: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-
manager-reports-cmrs/year-archive/2013/final-staff-report-id-4168 rps-procurement-plan-update.pdf
5 Resolution 9381: https://www.cityofpaIoaIto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9381.pdf
6 Staff Report 9761: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-
manager-reports-cmrs/year-archive/2018/final-staff-report-id9761 approval-of-the-2018-electric-integrated-
resource-plan-and-related-documents.pdf
7 Resolution 9802: https://www.cityofpaIoaIto.org/files/assets/public/v/1/city-clerk/resolutions/reso-
9802. pdf?t=40498.07
8 Staff Report 11650: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/yea r-archive/2020-2/id-11650.pdf?t=41063.12
9 Resolution 9929: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/resolutions-1909-
to-present/2020/reso-9929. pdf
10 Staff Report 3550: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/year-archive/2013/final-staff-report-id-3550 electric-supply-portfolio-
carbon-neutral-plan.pdf
11 Resolution 9322: https://www.cityofpaIoaIto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9322-
33835.pdf
12 Staff Report 11556: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/yea r-archive/2020-2/id-11566.pdf
13 Resolution 9913: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-
9913.pdf?t=40151.26
Item 16: Staff Report Pg. 2 Packet Pg. 367 of 377
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Item 16 Staff Report
goal is expected to be achieved primarily through purchases made under the City's long-
term renewable power purchase agreements (PPAs) and output from its hydroelectric
resources. However, when the City Council approved an update to the Carbon Neutral
Plan in August 2020, they also approved a new procurement strategy whereby the City
does not keep all of the output of its long-term, in -state PPAs, but instead exchanges that
output for less expensive out-of-state renewable generation (with the net proceeds used
to fund local decarbonization programs).
ANALYSIS
The City continues to meet its objectives under the RPS Procurement Plan and the Carbon Neutral
Plan and achieved an RPS level of 39.3% in 2023. This value is slightly short of the state's 41.25%
RPS procurement "soft target" for the year; however, the City remains compliant with the state
RPS procurement mandate, which is evaluated over a multi -year horizon (2021-2024 in this case).
The City also has more than enough RPS supplies under contract to far exceed the state's soft
target levels in the last year of the four-year compliance period —and beyond. Below is a
summary of CPAU's progress toward satisfying its renewable energy and carbon neutral
procurement targets.
RPS Procurement Plan Compliance
In CY 2023, the City initially received 519,843 MWh of renewable energy through its long-term
contracts for wind, solar, landfill gas, and small hydro resources (which represents 62.3% of the
City's total retail sales for that period). Additionally, the City received 486,132 MWh of large
hydroelectric generation (representing 58.3% of the City's total retail sales), which is not
classified as eligible renewable generation by the state. Based on the Council's decision in August
2020 to pursue the "REC Exchange Program" (Staff Report 1155614, Resolution 991315) the City
sold 223,362 MWh of in -state renewable energy supplies, yielding $9.03 million in sales revenue,
while purchasing 200,000 MWh of out-of-state renewable energy16, at a cost of $1.19 million.
Figure 1 below depicts the City's load and supply resources for CY 2023, before and after the REC
Exchanges described above. Accounting for these transactions, the City's net renewable energy
supplies totaled 496,232 MWh, which represents 59.5% of the City's total retail sales for 2023.
However, under the state's RPS regulations the majority of the out-of-state renewable energy
purchases were not able to be applied to the City's RPS requirement, hence the City's official RPS
level was only 39.3%.
14 Staff Report 11556: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/yea r-archive/2020-2/id-11566.pdf
15 Resolution 9913: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-
9913.pdf?t=40151.26
16 Not including 30,000 MWh of RECs purchased on behalf of PaloAltoGreen customers.
Item 16: Staff Report Pg. 3 Packet Pg. 368 of 377
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Item 16 Staff Report
Figure 1: CY 2023 Electric Load and Supply Resources, With and Without REC Exchange
Transactions
1,000,000
900,000
t 800,000
700,000
O
J 600,000
(tf
N 500,000
a
O.
Q 400,000
N
U
•L 300,000
U
a)
LU 200,000
100,000
0
-------------------------------------------------
"Unspecified Power"
(Market Power + RECs)'
Total Load
(863,567 MWh)
CY 2023 Baseline
CY 2023 w/ REC Exchanges
For CY 2024 to date, the City has contracted to sell about 160,000 MWh of in -state renewable
generation and has purchased about 133,000 MWh of out-of-state renewable generation. Figure
2 below depicts the City's projected load and supply resources for CY 2024, before and after the
REC Exchanges described above. Once these transactions are accounted for, they are projected
to yield a total of about $10.9 million in net revenue, and an official RPS level of 44% (equal to
the state's RPS soft target for 202411).
17 Note that even if the City were to fall short of the 44% RPS soft target in 2024 it would still be able to comply
with its overall RPS obligation for the 2021-2024 compliance period, due to its accumulation of surplus RECs (or
"Excess Procurement") from prior years.
Item 16: Staff Report Pg. 4 Packet Pg. 369 of 377
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Item 16 Staff Report
Figure 2: Projected CY 2024 Electric Load and Supply Resources, With and Without REC
Exchange Transactions
1,100,000
1,000,000
900,000
�j- 800,000
700,000
O
-a 600,000
M
CA
0 500,000
O.
400,000
a'J
300,000
4J
200,000
100,000
0
CY 2024 Baseline CY 2024 w/ REC Exchanges
"Unspecified Power"
(Market Power +
RECs)
In accordance with the state's RPS Program requirements, CPAU's Procurement Plan is intended
to yield a renewable electric supply portfolio that balances environmental goals with system
reliability while maintaining low and stable retail electric rates. The state RPS program requires
retail electricity suppliers like CPAU to procure progressively larger renewable electricity supplies
across a series of separate multi -year Compliance Periods. CPAU's procurement targets, as well
as its actual/projected procurement volumes and RPS levels, for the first three Compliance
Periods are summarized in Table 1 below.
Table 1: RPS Compliance Period Procurement Targets and Actual Procurement
RPS
Actual/Projected
Retail Sales
Procurement
% of Retail
Compliance
Years
Procurement
(MWh)
Target (MWh)
Sales
Period
(MWh)
1
2011-2013
2,837,773
567,555
607,740
21.4%
2
2014-2016
2,801,056
605,949
826,855
29.5%
3
2017-2020
3,487,686
1,043,426
1,619,303
46.4%
4
2021-2024
3,302,501
1,318,639
1,318,639
39.9%
TOTALS
12,429,016
3,535,570
4,372,537
35.2%
Item 16: Staff Report Pg. 5 Packet Pg. 370 of 377
Item 16
Item 16 Staff Report
Carbon Neutral Plan
In CV 2023, CPAU achieved its goal, set forth in the Carbon Neutral Plan, of an electric supply
portfolio with zero net greenhouse (GHG) emissions for the 11th consecutive year. Carbon
neutrality was achieved in CV 2023 through existing hydro and renewable generation (wind, solar,
and landfill gas). As discussed above, due to the Council's adoption of the REC Exchange Program
in August 2020, the City sold 223,362 MWh of in -state renewable energy supplies, yielding $9.03
million in sales revenue, while purchasing 200,000 MWh of out-of-state renewable energy, at a
cost of $1.19 million. Accounting for these transactions, the City's net renewable energy supplies
totaled 496,232 MWh, which represents 59.5% of the City's total retail sales for 2023. The
remainder of the City's needs were supplied by large hydroelectric resources.
When the City Council approved an update to the Carbon Neutral Plan in August 2020, the
primary change was to adopt an hourly carbon accounting methodology as the basis for
determining whether the City has met its carbon neutrality objective. Using an annual accounting
approach, the City had an overall surplus of 98,106 MWh of carbon neutral generation compared
to its load (equal to 11.4% total load) in 2023, and thus substantially exceeded the carbon
neutrality standard. Meanwhile, under the hourly carbon accounting approach,18 the City's
electric supply portfolio also exceeded the carbon neutrality standard, being responsible for a
net negative amount of GHG emissions: -1,617 metric tons of CO2 equivalent. See Figure 3 below
for a depiction of the City's monthly total net CO2 emissions for 2023, as well as the monthly
average emissions intensity for the California electric grid.
18 The City's hourly carbon accounting methodology entails calculating the city's net surplus or deficit carbon
neutral supply position relative to its load in every hour of the year. The grid average electricity emissions intensity
for each hour is then applied to each of these hourly surpluses or deficits to yield a net emissions contribution (or
reduction) that the City's electric supply portfolio is responsible for in that hour. These hourly emissions totals are
then summed across the entire year to yield the City's annual emissions total for the year.
Item 16: Staff Report Pg. 6 Packet Pg. 371 of 377
Item 16
Item 16 Staff Report
Figure 3: CY 2022 Monthly Net Electric Supply Emissions and CAISO Emissions Intensity
—CAISO Emissions Intensity(lb CO2/MWh)
—Palo Alto Monthly Net Emissions (MT CO2)
600 —Palo Alto Cumulative Net Emissions (MT CO2)
60
r4
0
0
U
I-
400
a
40
vt
SA
O
a)
in
eA
1A 200
20 W
C
0
{A
S
++
C
O
W 0
0
0 Jan Feb Mar Apr ay Jun Jul g Sep Oct
++
Nov ec 4)
a0
a
a
O -200
-20 O
U
-400
For CY 2024, above average hydro conditions are expected to result in about 58% of the City's
electric supply needs being supplied by hydroelectric resources (compared to a long-term
annual average of about 45%), with the remainder coming from non -hydro renewable energy
resources.
FISCAL/RESOURCE IMPACT
This is an informational report that has no fiscal or resource impact to the Utilities Department
or the City. As noted above, the implementation of the REC Exchange Program resulted in net
revenue of $7.84 million for CY 2023.
STAKEHOLDER ENGAGEMENT
This is an informational report only and no stakeholder engagement is necessary.
�►l�AI Is1i►L�11�1>.><f1 Uc YI1 t
This report is for informational purposes only with no action required by the Council. The Council's
review of this report does not meet the definition of a "project" pursuant to Public Resources
Code Section 21065, thus California Environmental Quality Act review is not required.
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: James Stack, PhD, Senior Resource Planner
Item 16: Staff Report Pg. 7 Packet Pg. 372 of 377
Item 17
Item 17 Staff Report
City Council
Staff Report
Report Type: INFORMATION REPORTS
CITY O F Lead Department: Administrative Services
PALO
LTO
Meeting Date: October 21, 2024
Report #:2410-3599
TITLE
City of Palo Alto Monthly Investment Activity Report for September 2024 (Unaudited)
ATTACHMENTS
Attachment A: Monthly Investment Activity Report - September 2024
APPROVED BY:
Lauren Lai
Item 17: Staff Report Pg. 1 Packet Pg. 373 of 377
Docusign Envelope ID: 4EE164D6-F6A3-4DB8-9FB3-24C0B14D3B0E
Item 17
Attachment A - Monthly
Investment Activity
CITY OF PALO ALTO Report -September 2024
CITY OF MONTHLY INVESTMENT ACTIVITY REPORT
PALO
ALTO September 2024 (Unaudited)
TO: Honorable City Council
Report Posted at the City's Website: www.cityofpaloalto.org/
investmentreporting Above Link on Council Agenda of October 21, 2024
The City's Investment Policy' (Policy) and California Government Code Section 53607 requires that a
report of transactions (investments, reinvestment, sold, and exchanged securities) be made available
to the Council on a monthly basis.
The attached list of transactions (Attachment A) also includes, though not required by the Policy or
the government code, security maturities and cash movement activity in the City's two liquid
operating cash pool accounts (Local Agency Investment Fund or LAIF and Fidelity accounts). Liquid
cash are available on a daily basis but are invested by the two entities in a range of securities (e.g.,
treasuries, federal agencies, commercial paper, corporate bonds, time deposits, loans, and certificate
of deposits/bank notes).
This reporting requirement is separate and distinct from the quarterly investment report submitted
under California Government Code Section 53646 that includes portfolio composition, a detailed list
of all securities, performance compared to the Policy, overall compliance with the Policy, and the
City's ability to meet expenditure requirements over the next six months.
Prepared by:
Approved by:
DocuSigned by:
N44 10/3/2024
DocuSigned by:
�a
E5��53B497C4A904B9._.
10/4/2024
119CA000B9DF4D1...
Tarun Narayan Date
Christine Paras
Date
Mgr. Treasury, Debt &
Asst. Director ASD
Investments
DocuSigned by:
10/7/2024
66236E5C20284Bc...
Lauren Lai
Date
Chief Financial Officer
' https://www.citvofpaloaIto.org/files/assets/public/v/1/administrative-services/investment-policies/adopted-investment-policy-1-39-asd.pdf
Item 17: Staff Report Pg. 21 Packet Pg. 374 of 377
Docusign Envelope ID: 4EE164D6-F6A3-4DB8-9FB3-24C0B14D3B0E ent A
( )Item 17
Attachment A - Monthly Investment of Palo Alto
City of Palo Alto Activity Report - September 2024 Svcs. Dept.
Activity Report HamiltonAve., 4th Floor
Palo Alto, CA 94301
PA LO Sorted By Safekeeper (650)329-2362
A LTO September 1, 2024 - September 30, 2024
Par Value Par Value
Percent Beginning Current Transaction Purchases or Redemptions or Ending
CUSIP Investment # Issuer of Portfolio Balance Rate Date Deposits Withdrawals Balance
Safekeeper: Union Bank of California
Negotiable Certificates of Deposits
320165JK0 2076 NCD First Farmers Bank & Trust
1.750
09/04/2024
0.00
245,000.00
14042TCP0 2089 NCD Capital One Bank USA NA
1.900
09/05/2024
0.00
245,000.00
7954504D4 2102 NCD Sallie Mae Bank
1.900
09/18/2024
0.00
245,000.00
33847E4E4 2414 NCD Flagstar Bank FSB
0.400
09/30/2024
0.00
249,000.00
Subtotal and Balance
12,870,000.00
0.00
984,000.00
11,886,000.00
Corporate Medium Term Bonds
Subtotal and Balance
15,500,000.00
15,500,000.00
Federal Agency Bonds
880591 ER9 1519 Tennessee Valley Authority
2.875
09/16/2024
0.00
750,000.00
Subtotal and Balance
155,908,000.00
0.00
750,000.00
155,158,000.00
Treasury Securities (Notes)
Subtotal and Balance
3,000,000.00
3,000,000.00
Municipal Bonds
799038NP5 2521 MUN San Mateo Cnty Comm. College D 0.500 09/02/2024 0.00 2,000,000.00
752147HH4 2522 MUN Rancho Santiago Comm College D 0.634 09/02/2024 0.00 450,000.00
799038NP5 2523 MUN San Mateo Cnty Comm. College D 0.500 09/02/2024 0.00 1,500,000.00
Subtotal and Balance 107,562,833.13 0.00 3,950,000.00 103,612,833.13
Supranationals (World Bank) Bonds
Subtotal and Balance 26,500,000.00 26,500,000.00
Safekeeper Subtotal 53.040% 321,340,833.13 0.00 5,684,000.00 315,656,833.13
Safekeeper: U.S. Bank
Negotiable Certificates of Deposits
33715LET3 2845 NCD First Technology Federal Credi
5.350 09/24/2024
0.00 249,000.00
23204HNL8 2848 NCD Customers Bank
5.300 09/23/2024
0.00 249,000.00
200339FB0 2856 NCD Comerica Bank Texas
5.250 09/30/2024
0.00 249,000.00
Portfolio CPA
AP
Run Date: 10/02/2024 - 23:37
(PRF_DA) 7.3.11
Item 17: Staff Report Pg. 3
Packet Pg. 375 of 377
eport Ver. 7.3.11
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Item 17
City of Palo
Alto
Activity
Report.
Attachment A - Monthly Investment Page 2
September 1, 2024 -
September 30, 2024
Activity Report - September 2024
Par Value
Par Value
Percent
Beginning
Current
Transaction
Purchases or
Redemptions or Ending
CUSIP Investment #
Issuer of Portfolio
Balance
Rate
Date
Deposits
Withdrawals Balance
Safekeeper: U.S. Bank
Negotiable Certificates of Deposits
28619WAH6 2915 NCD
Elements Financial FCU
5.350
09/20/2024
0.00
249,000.00
98426AAC1 2929 NCD
Y-12 Federal Credit Union Bank
5.250
09/29/2024
0.00
249,000.00
06644QAF8 3028 NCD
BankFirst Norfolk
3.600
09/30/2024
249,000.00
0.00
301485AN8 3029 NCD
Exchange State Bank
4.600
09/19/2024
249,000.00
0.00
94789PCJ1 3030 NCD
Webster Five Cents Savings
4.550
09/19/2024
250,000.00
0.00
710649AD6 3031 NCD
Peoples Bank - Pratt KS
4.550
09/23/2024
249,000.00
0.00
20368QAD8 3032 NCD
Community Choice Credit Union
4.000
09/30/2024
249,000.00
0.00
21923MAA9 3033 NCD
Cornerstone Community FCU
4.250
09/30/2024
249,000.00
0.00
Subtotal and
Balance
30,129,000.00
1,495,000.00
1,245,000.00 30,379,000.00
Corporate Medium Term Bonds
037833DP2 3027 MTN
Apple, Inc.
2.200
09/19/2024
1,000,000.00
0.00
Subtotal and
Balance
12,530,000.00
1,000,000.00
0.00 13,530,000.00
Federal Agency Bonds
3133EN5S5 2789 Call
Federal Farm Credit Bank .
5.900
09/12/2024
0.00
1,500,000.00
3133EPFB6 2865 Call
Federal Farm Credit Bank .
5.840
09/12/2024
0.00
1,000,000.00
3133EPFB6 2880 Call
Federal Farm Credit Bank .
5.840
09/12/2024
0.00
1,000,000.00
3133EPX75 2935 Call
Federal Farm Credit Bank .
5.850
09/27/2024
0.00
1,000,000.00
3130AYV45 2963 Call
Federal Home Loan Bank
6.000
09/14/2024
0.00
1,500,000.00
3130B0DM8 3017 Call
Federal Home Loan Bank
6.000
09/13/2024
0.00
1,500,000.00
3130B2RP2 3025 Call
Federal Home Loan Bank
5.250
09/25/2024
1,000,000.00
0.00
Subtotal and
Balance
30,172,336.52
1,000,000.00
7,500,000.00 23,672,336.52
Treasury Securities (Notes)
91282CFN6 2701 TB
U.S. Treasury
4.250
09/30/2024
0.00
1,000,000.00
Subtotal and
Balance
2,500,000.00
0.00
1,000,000.00 1,500,000.00
Municipal Bonds
79772ECF4 2571 MUN
San Francisco Cmnty Facs Dist
3.108
09/02/2024
0.00
300,000.00
544351 KT5 2800 MUN
City of Los Angeles
2.840
09/02/2024
0.00
310,000.00
Subtotal and
Balance
132,905,908.30
0.00
610,000.00 132,295,908.30
Supranationals (World Bank) Bonds
45906M3K5 2735 IBRD
Intl Bk Recon & Development
4.500
09/30/2024
0.00
2,000,000.00
45906M3K5 2744 IBRD
Intl Bk Recon & Development
4.500
09/30/2024
0.00
1,500,000.00
45818WFV3 3026 IADB
Inter -American Dev. Bank
3.900
09/19/2024
1,000,000.00
0.00
Portfolio CPA
AP
Run Date: 10/02/2024 - 23:37
(PRF_DA) 7.3.11
Item 17: Staff Report Pg. 4
Packet Pg. 376 of 377 eportVer. 7.3.11
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Item 17
City of Palo Alto
Activity Report Attachment A - Monthly Investment Page 3
September 1, 2024 - September 30, 2024 Activity Report - September 2024
Par Value Par Value
Percent Beginning Current Transaction Purchases or Redemptions or Ending
CUSIP Investment # Issuer of Portfolio Balance Rate Date Deposits Withdrawals Balance
Safekeeper: U.S. Bank
Supranationals (World Bank) Bonds
459058KW2 3034 IBRD Intl Bk Recon & Development 4.625 09/24/2024 1,000,000.00 0.00
Subtotal and Balance 23,500,000.00 2,000,000.00 3,500,000.00 22,000,000.00
SafekeeperSubtotal 37.534% 231,737,244.82 5,495,000.00 13,855,000.00 223,377,244.82
Safekeeper: Not applicable - Cash/Managed Pool Accounts
LAIF & Fidelity Cash Accounts
SYS158 158 Fidelity Investments 4.810 46,084.56 0.00
SYS159 159 Local Agency Investment Fund 4.570 33,900,000.00 5,900,000.00
Subtotal and Balance 28,046,378.79 33,946,084.56 5,900,000.00 56,092,463.35
Safekeeper Subtotal 9.425% 28,046,378.79 33,946,084.56 5,900,000.00 56,092,463.35
Total 100.000% 581,124,456.74
Run Date: 10/02/2024-2337
Item 17: Staff Report Pg. 5
39,441,084.56 25,439,000.00 595,126,541.30
Portfolio CPA
AP
BA (PRF_DA) 7.3.11
Packet Pg. 377 of 377 eportVer. 7.3.11