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Home My WebLink About2024-12-16 City Council Agenda PacketCITY COUNCIL Regular Meeting Monday, December 16, 2024 Council Chambers & Hybrid 5:30 PM Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833 PUBLIC COMMENTS General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM) 1.Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement 2.Proclamation Recognizing Gunn High School Pickleball Club CLOSED SESSION (5:45 ‐ 6:45 PM) 3.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATION Subject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, As Set Forth in Letter Dated August 2, 2024 from David Lanferman, Esq. Authority: Government Code Section 54956.9(d)(2) One Case, as Defendant AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (6:45 ‐ 7:15 PM) Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM) Members of the public may not speak to the item(s). STUDY SESSION (7:20 ‐ 8:50 PM) 4.Discussion of 2024 City Council Ad Hoc Committees Activities CONSENT CALENDAR (8:50 ‐ 8:55 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 5.Approval of Minutes from December 2, 2024 City Council Meeting 6.Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies to Meet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not a project 7.Adoption of Resolutions Authorizing an Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Local Advanced Water Purification System Project (WQ‐19003); CEQA Status ‐ Addendum to the 2015 Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037) 8.Community Development Block Grant 2025‐2030 Consolidated Plan and Authorize Execution of Revenue Agreement with the County of Santa Clara for Annual Action Plan FY 2025‐2026 9.Approve a Grant Agreement with the Federal Highway Administration for the South Palo Alto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds and Requiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project. 10.Approval of Seven Professional Services Contracts C25192617, C24193306 ‐ C24193311, with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., True North Compliance Services, Inc., TRB and Associates, Inc., and West Coast Code Consultants, Inc. in the Aggregate Total Not‐to‐Exceed Amount of $4,000,000 for On‐ Call Development Services, Inspection, Plan Review, and Green Building Program Services for a Period of Four Years. CEQA Status: Not a Project. 11.Approval of Increase of Construction Contingency for Contract No. C24190072 with O’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional Street Improvement Work on California Avenue and El Camino Real for Capital Improvement Program Projects PL‐23000 and PL‐12000; and Adoption of a Resolution Continuing the Closure of a Portion of California Avenue through 2025; CEQA Status – Categorically Exempt under CEQA Guidelines Sections 15301 and 15304 12.Approval of Professional Services Contract Number C25193087 with Rincon Consultants in an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA) Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, and Approval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund; CEQA Status – this action will initiate CEQA review of the master plan. 13.Approval of Contract Amendment No 1 to Contract Number C22177024A with CLEAResult Consulting Inc., Extending the Term for Two Additional Years Through November 14, 2026, a Change in the Compensation Structure, and no Change in Not‐to‐ Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services for Small to Medium Business and Commercial Customers; CEQA Status: Not a Project. 14.Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, in the Amount of $20,000 and for a six‐month extension to continue Independent Police Auditing Services in Palo Alto. CEQA Status – Not a Project. 15.Approval of Professional Services Contract Number C25192045 with Urban Planning Partners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car Free Ramona Street Project for a Period of One Year, Direct Staff to Return with an Amendment to Approve Phase II; Approval of a Budget Amendment in the General Fund; and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025; CEQA Status – categorically exempt. 16.Approval of Contract C24191871 Amendment Number 1 Effective July 1, 2024 with Equinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 Years Through June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorization to Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of $1,954,923; CEQA Status – Not a Project 17.Approval of Purchase Order C24193066 with Origami Risk LLC for Records Management Software Supporting the City’s Claims and Litigation for a Three‐Year Term Not‐To‐ Exceed Amount of $206,310; CEQA: Not a project 18.Adoption of a revised salary schedule for Limited Hourly employees to increase the maximum hourly rate for the Management Specialist classification; CEQA Status ‐ not a project 19.Adoption of a Resolution of Intention to Reimburse Expenditures for the Grid Modernization and Related Projects of the Electric Utility System Infrastructure from the Proceeds of Tax‐Exempt Utility Revenue Bonds. 20.Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and the Macias, Gini & O’Connell Management Letter; Approve the FY 2024 Annual Comprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, as Recommended by the Finance Committee; CEQA Status – Not a Project 21.Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project Supplemental Report added 22.FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110 (Wireless Communications Facilities) of Title 18 (Zoning) to Require Architectural Review Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in the Public Rights‐of‐Way and Repeal the Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights‐of‐Way. CEQA Status: Exempt Pursuant to CEQA Guidelines Sections 15301, 15302, and 15303. 23.FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections of Titles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Laws from the 2024 Legislative Session; Adoption of an Identical Emergency Ordinance; and Adoption of a Resolution Repealing SB 9 Objective Design Standards and Replacing Them with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQA Guidelines 15061(b)(3). 24.REINTRODUCED FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023 and Earlier. CEQA Status ‐ Exempt Pursuant to CEQA Guidelines Section 15061(b)(3). (PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6‐1, Kou no) 25.SECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16, 18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority Retail Revitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7‐0) CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM) BREAK (15 MINUTES) ACTION ITEMS (Item 26: 9:25 ‐ 9:55 PM, Item 27: 9:55 ‐ 10:25 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 26.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council Members Up to $2,000/year from the City Council Contingent Account for Technology Resources and Other Actual and Necessary Expenses Incurred in the Performance of Official Duties 27.Approval of CAO Committee Recommendation to direct the City Manager, or their designee, and Council Appointed Officers Committee Chair Lauing to negotiate renewal of the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026 with an option to renew for two years; and align the review of the City Auditor performance with other CAO reviews. 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. 28.Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project 29.2023 Palo Alto Airport Noise Annual Report; CEQA Status – Not a Project 30.Surveillance Technology Report for Fiscal Year 2024; CEQA Status – Not a Project. 31.City of Palo Alto Monthly Investment Activity Report for November 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Rail Committee December 17, 2024 CANCELED Finance Committee December 17, 2024 CANCELED Retail Committee December 18, 2024 City/Schools Liaision Committee December 19, 2024 CANCELED Public Comment Letters Schedule of Meetings SUPPLEMENTAL/AMENDED AGENDA ITEMS 21.SUPPLEMENTAL REPORT: Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $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. 1 December 16, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 16, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM) 1.Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement 2.Proclamation Recognizing Gunn High School Pickleball Club CLOSED SESSION (5:45 ‐ 6:45 PM) 3.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATION Subject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, As Set Forth in Letter Dated August 2, 2024 from David Lanferman, Esq. Authority: Government Code Section 54956.9(d)(2) One Case, as Defendant AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (6:45 ‐ 7:15 PM) Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM) Members of the public may not speak to the item(s). STUDY SESSION (7:20 ‐ 8:50 PM) 4.Discussion of 2024 City Council Ad Hoc Committees Activities CONSENT CALENDAR (8:50 ‐ 8:55 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 5.Approval of Minutes from December 2, 2024 City Council Meeting 6.Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies to Meet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not a project 7.Adoption of Resolutions Authorizing an Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Local Advanced Water Purification System Project (WQ‐19003); CEQA Status ‐ Addendum to the 2015 Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037) 8.Community Development Block Grant 2025‐2030 Consolidated Plan and Authorize Execution of Revenue Agreement with the County of Santa Clara for Annual Action Plan FY 2025‐2026 9.Approve a Grant Agreement with the Federal Highway Administration for the South Palo Alto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds and Requiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project. 10.Approval of Seven Professional Services Contracts C25192617, C24193306 ‐ C24193311, with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., True North Compliance Services, Inc., TRB and Associates, Inc., and West Coast Code Consultants, Inc. in the Aggregate Total Not‐to‐Exceed Amount of $4,000,000 for On‐ Call Development Services, Inspection, Plan Review, and Green Building Program Services for a Period of Four Years. CEQA Status: Not a Project. 11.Approval of Increase of Construction Contingency for Contract No. C24190072 with O’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional Street Improvement Work on California Avenue and El Camino Real for Capital Improvement Program Projects PL‐23000 and PL‐12000; and Adoption of a Resolution Continuing the Closure of a Portion of California Avenue through 2025; CEQA Status – Categorically Exempt under CEQA Guidelines Sections 15301 and 15304 12.Approval of Professional Services Contract Number C25193087 with Rincon Consultants in an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA) Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, and Approval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund; CEQA Status – this action will initiate CEQA review of the master plan. 13.Approval of Contract Amendment No 1 to Contract Number C22177024A with CLEAResult Consulting Inc., Extending the Term for Two Additional Years Through November 14, 2026, a Change in the Compensation Structure, and no Change in Not‐to‐ Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services for Small to Medium Business and Commercial Customers; CEQA Status: Not a Project. 14.Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, in the Amount of $20,000 and for a six‐month extension to continue Independent Police Auditing Services in Palo Alto. CEQA Status – Not a Project. 15.Approval of Professional Services Contract Number C25192045 with Urban Planning Partners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car Free Ramona Street Project for a Period of One Year, Direct Staff to Return with an Amendment to Approve Phase II; Approval of a Budget Amendment in the General Fund; and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025; CEQA Status – categorically exempt. 16.Approval of Contract C24191871 Amendment Number 1 Effective July 1, 2024 with Equinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 Years Through June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorization to Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of $1,954,923; CEQA Status – Not a Project 17.Approval of Purchase Order C24193066 with Origami Risk LLC for Records Management Software Supporting the City’s Claims and Litigation for a Three‐Year Term Not‐To‐ Exceed Amount of $206,310; CEQA: Not a project 18.Adoption of a revised salary schedule for Limited Hourly employees to increase the maximum hourly rate for the Management Specialist classification; CEQA Status ‐ not a project 19.Adoption of a Resolution of Intention to Reimburse Expenditures for the Grid Modernization and Related Projects of the Electric Utility System Infrastructure from the Proceeds of Tax‐Exempt Utility Revenue Bonds. 20.Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and the Macias, Gini & O’Connell Management Letter; Approve the FY 2024 Annual Comprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, as Recommended by the Finance Committee; CEQA Status – Not a Project 21.Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project Supplemental Report added 22.FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110 (Wireless Communications Facilities) of Title 18 (Zoning) to Require Architectural Review Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in the Public Rights‐of‐Way and Repeal the Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights‐of‐Way. CEQA Status: Exempt Pursuant to CEQA Guidelines Sections 15301, 15302, and 15303. 23.FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections of Titles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Laws from the 2024 Legislative Session; Adoption of an Identical Emergency Ordinance; and Adoption of a Resolution Repealing SB 9 Objective Design Standards and Replacing Them with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQA Guidelines 15061(b)(3). 24.REINTRODUCED FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023 and Earlier. CEQA Status ‐ Exempt Pursuant to CEQA Guidelines Section 15061(b)(3). (PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6‐1, Kou no) 25.SECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16, 18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority Retail Revitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7‐0) CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM) BREAK (15 MINUTES) ACTION ITEMS (Item 26: 9:25 ‐ 9:55 PM, Item 27: 9:55 ‐ 10:25 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 26.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council Members Up to $2,000/year from the City Council Contingent Account for Technology Resources and Other Actual and Necessary Expenses Incurred in the Performance of Official Duties 27.Approval of CAO Committee Recommendation to direct the City Manager, or their designee, and Council Appointed Officers Committee Chair Lauing to negotiate renewal of the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026 with an option to renew for two years; and align the review of the City Auditor performance with other CAO reviews. 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. 28.Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project 29.2023 Palo Alto Airport Noise Annual Report; CEQA Status – Not a Project 30.Surveillance Technology Report for Fiscal Year 2024; CEQA Status – Not a Project. 31.City of Palo Alto Monthly Investment Activity Report for November 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Rail Committee December 17, 2024 CANCELED Finance Committee December 17, 2024 CANCELED Retail Committee December 18, 2024 City/Schools Liaision Committee December 19, 2024 CANCELED Public Comment Letters Schedule of Meetings SUPPLEMENTAL/AMENDED AGENDA ITEMS 21.SUPPLEMENTAL REPORT: Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $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. 2 December 16, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 16, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)1.Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement2.Proclamation Recognizing Gunn High School Pickleball ClubCLOSED SESSION (5:45 ‐ 6:45 PM)3.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATIONSubject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, AsSet Forth in Letter Dated August 2, 2024 from David Lanferman, Esq.Authority: Government Code Section 54956.9(d)(2) One Case, as DefendantAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:45 ‐ 7:15 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:20 ‐ 8:50 PM)4.Discussion of 2024 City Council Ad Hoc Committees ActivitiesCONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from December 2, 2024 City Council Meeting6.Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies toMeet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not a project 7.Adoption of Resolutions Authorizing an Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Local Advanced Water Purification System Project (WQ‐19003); CEQA Status ‐ Addendum to the 2015 Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037) 8.Community Development Block Grant 2025‐2030 Consolidated Plan and Authorize Execution of Revenue Agreement with the County of Santa Clara for Annual Action Plan FY 2025‐2026 9.Approve a Grant Agreement with the Federal Highway Administration for the South Palo Alto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds and Requiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project. 10.Approval of Seven Professional Services Contracts C25192617, C24193306 ‐ C24193311, with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., True North Compliance Services, Inc., TRB and Associates, Inc., and West Coast Code Consultants, Inc. in the Aggregate Total Not‐to‐Exceed Amount of $4,000,000 for On‐ Call Development Services, Inspection, Plan Review, and Green Building Program Services for a Period of Four Years. CEQA Status: Not a Project. 11.Approval of Increase of Construction Contingency for Contract No. C24190072 with O’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional Street Improvement Work on California Avenue and El Camino Real for Capital Improvement Program Projects PL‐23000 and PL‐12000; and Adoption of a Resolution Continuing the Closure of a Portion of California Avenue through 2025; CEQA Status – Categorically Exempt under CEQA Guidelines Sections 15301 and 15304 12.Approval of Professional Services Contract Number C25193087 with Rincon Consultants in an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA) Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, and Approval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund; CEQA Status – this action will initiate CEQA review of the master plan. 13.Approval of Contract Amendment No 1 to Contract Number C22177024A with CLEAResult Consulting Inc., Extending the Term for Two Additional Years Through November 14, 2026, a Change in the Compensation Structure, and no Change in Not‐to‐ Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services for Small to Medium Business and Commercial Customers; CEQA Status: Not a Project. 14.Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, in the Amount of $20,000 and for a six‐month extension to continue Independent Police Auditing Services in Palo Alto. CEQA Status – Not a Project. 15.Approval of Professional Services Contract Number C25192045 with Urban Planning Partners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car Free Ramona Street Project for a Period of One Year, Direct Staff to Return with an Amendment to Approve Phase II; Approval of a Budget Amendment in the General Fund; and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025; CEQA Status – categorically exempt. 16.Approval of Contract C24191871 Amendment Number 1 Effective July 1, 2024 with Equinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 Years Through June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorization to Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of $1,954,923; CEQA Status – Not a Project 17.Approval of Purchase Order C24193066 with Origami Risk LLC for Records Management Software Supporting the City’s Claims and Litigation for a Three‐Year Term Not‐To‐ Exceed Amount of $206,310; CEQA: Not a project 18.Adoption of a revised salary schedule for Limited Hourly employees to increase the maximum hourly rate for the Management Specialist classification; CEQA Status ‐ not a project 19.Adoption of a Resolution of Intention to Reimburse Expenditures for the Grid Modernization and Related Projects of the Electric Utility System Infrastructure from the Proceeds of Tax‐Exempt Utility Revenue Bonds. 20.Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and the Macias, Gini & O’Connell Management Letter; Approve the FY 2024 Annual Comprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, as Recommended by the Finance Committee; CEQA Status – Not a Project 21.Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project Supplemental Report added 22.FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110 (Wireless Communications Facilities) of Title 18 (Zoning) to Require Architectural Review Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in the Public Rights‐of‐Way and Repeal the Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights‐of‐Way. CEQA Status: Exempt Pursuant to CEQA Guidelines Sections 15301, 15302, and 15303. 23.FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections of Titles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Laws from the 2024 Legislative Session; Adoption of an Identical Emergency Ordinance; and Adoption of a Resolution Repealing SB 9 Objective Design Standards and Replacing Them with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQA Guidelines 15061(b)(3). 24.REINTRODUCED FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023 and Earlier. CEQA Status ‐ Exempt Pursuant to CEQA Guidelines Section 15061(b)(3). (PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6‐1, Kou no) 25.SECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16, 18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority Retail Revitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7‐0) CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM) BREAK (15 MINUTES) ACTION ITEMS (Item 26: 9:25 ‐ 9:55 PM, Item 27: 9:55 ‐ 10:25 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 26.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council Members Up to $2,000/year from the City Council Contingent Account for Technology Resources and Other Actual and Necessary Expenses Incurred in the Performance of Official Duties 27.Approval of CAO Committee Recommendation to direct the City Manager, or their designee, and Council Appointed Officers Committee Chair Lauing to negotiate renewal of the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026 with an option to renew for two years; and align the review of the City Auditor performance with other CAO reviews. 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. 28.Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project 29.2023 Palo Alto Airport Noise Annual Report; CEQA Status – Not a Project 30.Surveillance Technology Report for Fiscal Year 2024; CEQA Status – Not a Project. 31.City of Palo Alto Monthly Investment Activity Report for November 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Rail Committee December 17, 2024 CANCELED Finance Committee December 17, 2024 CANCELED Retail Committee December 18, 2024 City/Schools Liaision Committee December 19, 2024 CANCELED Public Comment Letters Schedule of Meetings SUPPLEMENTAL/AMENDED AGENDA ITEMS 21.SUPPLEMENTAL REPORT: Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $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. 3 December 16, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 16, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)1.Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement2.Proclamation Recognizing Gunn High School Pickleball ClubCLOSED SESSION (5:45 ‐ 6:45 PM)3.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATIONSubject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, AsSet Forth in Letter Dated August 2, 2024 from David Lanferman, Esq.Authority: Government Code Section 54956.9(d)(2) One Case, as DefendantAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:45 ‐ 7:15 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:20 ‐ 8:50 PM)4.Discussion of 2024 City Council Ad Hoc Committees ActivitiesCONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from December 2, 2024 City Council Meeting6.Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies toMeet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not aproject7.Adoption of Resolutions Authorizing an Installment Sale Agreement with the CaliforniaState Water Resources Control Board for Financing of the Local Advanced WaterPurification System Project (WQ‐19003); CEQA Status ‐ Addendum to the 2015Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037)8.Community Development Block Grant 2025‐2030 Consolidated Plan and AuthorizeExecution of Revenue Agreement with the County of Santa Clara for Annual Action PlanFY 2025‐20269.Approve a Grant Agreement with the Federal Highway Administration for the South PaloAlto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds andRequiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project.10.Approval of Seven Professional Services Contracts C25192617, C24193306 ‐ C24193311,with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., TrueNorth Compliance Services, Inc., TRB and Associates, Inc., and West Coast CodeConsultants, Inc. in the Aggregate Total Not‐to‐Exceed Amount of $4,000,000 for On‐Call Development Services, Inspection, Plan Review, and Green Building ProgramServices for a Period of Four Years. CEQA Status: Not a Project.11.Approval of Increase of Construction Contingency for Contract No. C24190072 withO’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional StreetImprovement Work on California Avenue and El Camino Real for Capital ImprovementProgram Projects PL‐23000 and PL‐12000; and Adoption of a Resolution Continuing theClosure of a Portion of California Avenue through 2025; CEQA Status – CategoricallyExempt under CEQA Guidelines Sections 15301 and 1530412.Approval of Professional Services Contract Number C25193087 with Rincon Consultantsin an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA)Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, andApproval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund;CEQA Status – this action will initiate CEQA review of the master plan.13.Approval of Contract Amendment No 1 to Contract Number C22177024A withCLEAResult Consulting Inc., Extending the Term for Two Additional Years ThroughNovember 14, 2026, a Change in the Compensation Structure, and no Change in Not‐to‐Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services forSmall to Medium Business and Commercial Customers; CEQA Status: Not a Project.14.Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, inthe Amount of $20,000 and for a six‐month extension to continue Independent PoliceAuditing Services in Palo Alto. CEQA Status – Not a Project. 15.Approval of Professional Services Contract Number C25192045 with Urban Planning Partners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car Free Ramona Street Project for a Period of One Year, Direct Staff to Return with an Amendment to Approve Phase II; Approval of a Budget Amendment in the General Fund; and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025; CEQA Status – categorically exempt. 16.Approval of Contract C24191871 Amendment Number 1 Effective July 1, 2024 with Equinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 Years Through June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorization to Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of $1,954,923; CEQA Status – Not a Project 17.Approval of Purchase Order C24193066 with Origami Risk LLC for Records Management Software Supporting the City’s Claims and Litigation for a Three‐Year Term Not‐To‐ Exceed Amount of $206,310; CEQA: Not a project 18.Adoption of a revised salary schedule for Limited Hourly employees to increase the maximum hourly rate for the Management Specialist classification; CEQA Status ‐ not a project 19.Adoption of a Resolution of Intention to Reimburse Expenditures for the Grid Modernization and Related Projects of the Electric Utility System Infrastructure from the Proceeds of Tax‐Exempt Utility Revenue Bonds. 20.Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and the Macias, Gini & O’Connell Management Letter; Approve the FY 2024 Annual Comprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, as Recommended by the Finance Committee; CEQA Status – Not a Project 21.Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project Supplemental Report added 22.FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110 (Wireless Communications Facilities) of Title 18 (Zoning) to Require Architectural Review Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in the Public Rights‐of‐Way and Repeal the Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights‐of‐Way. CEQA Status: Exempt Pursuant to CEQA Guidelines Sections 15301, 15302, and 15303. 23.FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections of Titles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Laws from the 2024 Legislative Session; Adoption of an Identical Emergency Ordinance; and Adoption of a Resolution Repealing SB 9 Objective Design Standards and Replacing Them with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQA Guidelines 15061(b)(3). 24.REINTRODUCED FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023 and Earlier. CEQA Status ‐ Exempt Pursuant to CEQA Guidelines Section 15061(b)(3). (PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6‐1, Kou no) 25.SECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16, 18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority Retail Revitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7‐0) CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM) BREAK (15 MINUTES) ACTION ITEMS (Item 26: 9:25 ‐ 9:55 PM, Item 27: 9:55 ‐ 10:25 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 26.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council Members Up to $2,000/year from the City Council Contingent Account for Technology Resources and Other Actual and Necessary Expenses Incurred in the Performance of Official Duties 27.Approval of CAO Committee Recommendation to direct the City Manager, or their designee, and Council Appointed Officers Committee Chair Lauing to negotiate renewal of the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026 with an option to renew for two years; and align the review of the City Auditor performance with other CAO reviews. 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. 28.Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project 29.2023 Palo Alto Airport Noise Annual Report; CEQA Status – Not a Project 30.Surveillance Technology Report for Fiscal Year 2024; CEQA Status – Not a Project. 31.City of Palo Alto Monthly Investment Activity Report for November 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Rail Committee December 17, 2024 CANCELED Finance Committee December 17, 2024 CANCELED Retail Committee December 18, 2024 City/Schools Liaision Committee December 19, 2024 CANCELED Public Comment Letters Schedule of Meetings SUPPLEMENTAL/AMENDED AGENDA ITEMS 21.SUPPLEMENTAL REPORT: Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $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. 4 December 16, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 16, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)1.Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement2.Proclamation Recognizing Gunn High School Pickleball ClubCLOSED SESSION (5:45 ‐ 6:45 PM)3.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATIONSubject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, AsSet Forth in Letter Dated August 2, 2024 from David Lanferman, Esq.Authority: Government Code Section 54956.9(d)(2) One Case, as DefendantAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:45 ‐ 7:15 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:20 ‐ 8:50 PM)4.Discussion of 2024 City Council Ad Hoc Committees ActivitiesCONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from December 2, 2024 City Council Meeting6.Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies toMeet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not aproject7.Adoption of Resolutions Authorizing an Installment Sale Agreement with the CaliforniaState Water Resources Control Board for Financing of the Local Advanced WaterPurification System Project (WQ‐19003); CEQA Status ‐ Addendum to the 2015Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037)8.Community Development Block Grant 2025‐2030 Consolidated Plan and AuthorizeExecution of Revenue Agreement with the County of Santa Clara for Annual Action PlanFY 2025‐20269.Approve a Grant Agreement with the Federal Highway Administration for the South PaloAlto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds andRequiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project.10.Approval of Seven Professional Services Contracts C25192617, C24193306 ‐ C24193311,with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., TrueNorth Compliance Services, Inc., TRB and Associates, Inc., and West Coast CodeConsultants, Inc. in the Aggregate Total Not‐to‐Exceed Amount of $4,000,000 for On‐Call Development Services, Inspection, Plan Review, and Green Building ProgramServices for a Period of Four Years. CEQA Status: Not a Project.11.Approval of Increase of Construction Contingency for Contract No. C24190072 withO’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional StreetImprovement Work on California Avenue and El Camino Real for Capital ImprovementProgram Projects PL‐23000 and PL‐12000; and Adoption of a Resolution Continuing theClosure of a Portion of California Avenue through 2025; CEQA Status – CategoricallyExempt under CEQA Guidelines Sections 15301 and 1530412.Approval of Professional Services Contract Number C25193087 with Rincon Consultantsin an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA)Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, andApproval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund;CEQA Status – this action will initiate CEQA review of the master plan.13.Approval of Contract Amendment No 1 to Contract Number C22177024A withCLEAResult Consulting Inc., Extending the Term for Two Additional Years ThroughNovember 14, 2026, a Change in the Compensation Structure, and no Change in Not‐to‐Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services forSmall to Medium Business and Commercial Customers; CEQA Status: Not a Project.14.Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, inthe Amount of $20,000 and for a six‐month extension to continue Independent PoliceAuditing Services in Palo Alto. CEQA Status – Not a Project.15.Approval of Professional Services Contract Number C25192045 with Urban PlanningPartners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car FreeRamona Street Project for a Period of One Year, Direct Staff to Return with anAmendment to Approve Phase II; Approval of a Budget Amendment in the General Fund;and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025;CEQA Status – categorically exempt.16.Approval of Contract C24191871 Amendment Number 1 Effective July 1, 2024 withEquinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 YearsThrough June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorizationto Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of$1,954,923; CEQA Status – Not a Project17.Approval of Purchase Order C24193066 with Origami Risk LLC for Records ManagementSoftware Supporting the City’s Claims and Litigation for a Three‐Year Term Not‐To‐Exceed Amount of $206,310; CEQA: Not a project18.Adoption of a revised salary schedule for Limited Hourly employees to increase themaximum hourly rate for the Management Specialist classification; CEQA Status ‐ not aproject19.Adoption of a Resolution of Intention to Reimburse Expenditures for the GridModernization and Related Projects of the Electric Utility System Infrastructure from theProceeds of Tax‐Exempt Utility Revenue Bonds.20.Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and theMacias, Gini & O’Connell Management Letter; Approve the FY 2024 AnnualComprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, asRecommended by the Finance Committee; CEQA Status – Not a Project21.Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment& Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) TaskOrder Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee;CEQA: Not A Project Supplemental Report added22.FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110(Wireless Communications Facilities) of Title 18 (Zoning) to Require ArchitecturalReview Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in thePublic Rights‐of‐Way and Repeal the Objective Aesthetic, Noise, and Related Standardsfor Wireless Communication Facilities in the Public Rights‐of‐Way. CEQA Status: ExemptPursuant to CEQA Guidelines Sections 15301, 15302, and 15303. 23.FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections of Titles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Laws from the 2024 Legislative Session; Adoption of an Identical Emergency Ordinance; and Adoption of a Resolution Repealing SB 9 Objective Design Standards and Replacing Them with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQA Guidelines 15061(b)(3). 24.REINTRODUCED FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023 and Earlier. CEQA Status ‐ Exempt Pursuant to CEQA Guidelines Section 15061(b)(3). (PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6‐1, Kou no) 25.SECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16, 18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority Retail Revitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7‐0) CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM) BREAK (15 MINUTES) ACTION ITEMS (Item 26: 9:25 ‐ 9:55 PM, Item 27: 9:55 ‐ 10:25 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 26.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council Members Up to $2,000/year from the City Council Contingent Account for Technology Resources and Other Actual and Necessary Expenses Incurred in the Performance of Official Duties 27.Approval of CAO Committee Recommendation to direct the City Manager, or their designee, and Council Appointed Officers Committee Chair Lauing to negotiate renewal of the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026 with an option to renew for two years; and align the review of the City Auditor performance with other CAO reviews. 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. 28.Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project 29.2023 Palo Alto Airport Noise Annual Report; CEQA Status – Not a Project 30.Surveillance Technology Report for Fiscal Year 2024; CEQA Status – Not a Project. 31.City of Palo Alto Monthly Investment Activity Report for November 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Rail Committee December 17, 2024 CANCELED Finance Committee December 17, 2024 CANCELED Retail Committee December 18, 2024 City/Schools Liaision Committee December 19, 2024 CANCELED Public Comment Letters Schedule of Meetings SUPPLEMENTAL/AMENDED AGENDA ITEMS 21.SUPPLEMENTAL REPORT: Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $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. 5 December 16, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 16, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)1.Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement2.Proclamation Recognizing Gunn High School Pickleball ClubCLOSED SESSION (5:45 ‐ 6:45 PM)3.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATIONSubject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, AsSet Forth in Letter Dated August 2, 2024 from David Lanferman, Esq.Authority: Government Code Section 54956.9(d)(2) One Case, as DefendantAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:45 ‐ 7:15 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:20 ‐ 8:50 PM)4.Discussion of 2024 City Council Ad Hoc Committees ActivitiesCONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from December 2, 2024 City Council Meeting6.Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies toMeet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not aproject7.Adoption of Resolutions Authorizing an Installment Sale Agreement with the CaliforniaState Water Resources Control Board for Financing of the Local Advanced WaterPurification System Project (WQ‐19003); CEQA Status ‐ Addendum to the 2015Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037)8.Community Development Block Grant 2025‐2030 Consolidated Plan and AuthorizeExecution of Revenue Agreement with the County of Santa Clara for Annual Action PlanFY 2025‐20269.Approve a Grant Agreement with the Federal Highway Administration for the South PaloAlto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds andRequiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project.10.Approval of Seven Professional Services Contracts C25192617, C24193306 ‐ C24193311,with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., TrueNorth Compliance Services, Inc., TRB and Associates, Inc., and West Coast CodeConsultants, Inc. in the Aggregate Total Not‐to‐Exceed Amount of $4,000,000 for On‐Call Development Services, Inspection, Plan Review, and Green Building ProgramServices for a Period of Four Years. CEQA Status: Not a Project.11.Approval of Increase of Construction Contingency for Contract No. C24190072 withO’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional StreetImprovement Work on California Avenue and El Camino Real for Capital ImprovementProgram Projects PL‐23000 and PL‐12000; and Adoption of a Resolution Continuing theClosure of a Portion of California Avenue through 2025; CEQA Status – CategoricallyExempt under CEQA Guidelines Sections 15301 and 1530412.Approval of Professional Services Contract Number C25193087 with Rincon Consultantsin an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA)Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, andApproval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund;CEQA Status – this action will initiate CEQA review of the master plan.13.Approval of Contract Amendment No 1 to Contract Number C22177024A withCLEAResult Consulting Inc., Extending the Term for Two Additional Years ThroughNovember 14, 2026, a Change in the Compensation Structure, and no Change in Not‐to‐Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services forSmall to Medium Business and Commercial Customers; CEQA Status: Not a Project.14.Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, inthe Amount of $20,000 and for a six‐month extension to continue Independent PoliceAuditing Services in Palo Alto. CEQA Status – Not a Project.15.Approval of Professional Services Contract Number C25192045 with Urban PlanningPartners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car FreeRamona Street Project for a Period of One Year, Direct Staff to Return with anAmendment to Approve Phase II; Approval of a Budget Amendment in the General Fund;and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025;CEQA Status – categorically exempt.16.Approval of Contract C24191871 Amendment Number 1 Effective July 1, 2024 withEquinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 YearsThrough June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorizationto Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of$1,954,923; CEQA Status – Not a Project17.Approval of Purchase Order C24193066 with Origami Risk LLC for Records ManagementSoftware Supporting the City’s Claims and Litigation for a Three‐Year Term Not‐To‐Exceed Amount of $206,310; CEQA: Not a project18.Adoption of a revised salary schedule for Limited Hourly employees to increase themaximum hourly rate for the Management Specialist classification; CEQA Status ‐ not aproject19.Adoption of a Resolution of Intention to Reimburse Expenditures for the GridModernization and Related Projects of the Electric Utility System Infrastructure from theProceeds of Tax‐Exempt Utility Revenue Bonds.20.Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and theMacias, Gini & O’Connell Management Letter; Approve the FY 2024 AnnualComprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, asRecommended by the Finance Committee; CEQA Status – Not a Project21.Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment& Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) TaskOrder Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee;CEQA: Not A Project Supplemental Report added22.FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110(Wireless Communications Facilities) of Title 18 (Zoning) to Require ArchitecturalReview Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in thePublic Rights‐of‐Way and Repeal the Objective Aesthetic, Noise, and Related Standardsfor Wireless Communication Facilities in the Public Rights‐of‐Way. CEQA Status: ExemptPursuant to CEQA Guidelines Sections 15301, 15302, and 15303.23.FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections ofTitles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Lawsfrom the 2024 Legislative Session; Adoption of an Identical Emergency Ordinance; andAdoption of a Resolution Repealing SB 9 Objective Design Standards and ReplacingThem with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQAGuidelines 15061(b)(3).24.REINTRODUCED FIRST READING: Adoption of an Ordinance Amending Palo AltoMunicipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land)to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023and Earlier. CEQA Status ‐ Exempt Pursuant to CEQA Guidelines Section 15061(b)(3).(PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6‐1, Kou no)25.SECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16,18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority RetailRevitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7‐0)CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)BREAK (15 MINUTES)ACTION ITEMS (Item 26: 9:25 ‐ 9:55 PM, Item 27: 9:55 ‐ 10:25 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.26.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse CouncilMembers Up to $2,000/year from the City Council Contingent Account for TechnologyResources and Other Actual and Necessary Expenses Incurred in the Performance ofOfficial Duties27.Approval of CAO Committee Recommendation to direct the City Manager, or theirdesignee, and Council Appointed Officers Committee Chair Lauing to negotiate renewalof the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026with an option to renew for two years; and align the review of the City Auditorperformance with other CAO reviews.ADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda. 28.Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project 29.2023 Palo Alto Airport Noise Annual Report; CEQA Status – Not a Project 30.Surveillance Technology Report for Fiscal Year 2024; CEQA Status – Not a Project. 31.City of Palo Alto Monthly Investment Activity Report for November 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Rail Committee December 17, 2024 CANCELED Finance Committee December 17, 2024 CANCELED Retail Committee December 18, 2024 City/Schools Liaision Committee December 19, 2024 CANCELED Public Comment Letters Schedule of Meetings SUPPLEMENTAL/AMENDED AGENDA ITEMS 21.SUPPLEMENTAL REPORT: Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment & Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee; CEQA: Not A Project PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $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. 6 December 16, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 16, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)1.Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement2.Proclamation Recognizing Gunn High School Pickleball ClubCLOSED SESSION (5:45 ‐ 6:45 PM)3.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATIONSubject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, AsSet Forth in Letter Dated August 2, 2024 from David Lanferman, Esq.Authority: Government Code Section 54956.9(d)(2) One Case, as DefendantAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:45 ‐ 7:15 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:20 ‐ 8:50 PM)4.Discussion of 2024 City Council Ad Hoc Committees ActivitiesCONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from December 2, 2024 City Council Meeting6.Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies toMeet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not aproject7.Adoption of Resolutions Authorizing an Installment Sale Agreement with the CaliforniaState Water Resources Control Board for Financing of the Local Advanced WaterPurification System Project (WQ‐19003); CEQA Status ‐ Addendum to the 2015Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037)8.Community Development Block Grant 2025‐2030 Consolidated Plan and AuthorizeExecution of Revenue Agreement with the County of Santa Clara for Annual Action PlanFY 2025‐20269.Approve a Grant Agreement with the Federal Highway Administration for the South PaloAlto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds andRequiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project.10.Approval of Seven Professional Services Contracts C25192617, C24193306 ‐ C24193311,with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., TrueNorth Compliance Services, Inc., TRB and Associates, Inc., and West Coast CodeConsultants, Inc. in the Aggregate Total Not‐to‐Exceed Amount of $4,000,000 for On‐Call Development Services, Inspection, Plan Review, and Green Building ProgramServices for a Period of Four Years. CEQA Status: Not a Project.11.Approval of Increase of Construction Contingency for Contract No. C24190072 withO’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional StreetImprovement Work on California Avenue and El Camino Real for Capital ImprovementProgram Projects PL‐23000 and PL‐12000; and Adoption of a Resolution Continuing theClosure of a Portion of California Avenue through 2025; CEQA Status – CategoricallyExempt under CEQA Guidelines Sections 15301 and 1530412.Approval of Professional Services Contract Number C25193087 with Rincon Consultantsin an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA)Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, andApproval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund;CEQA Status – this action will initiate CEQA review of the master plan.13.Approval of Contract Amendment No 1 to Contract Number C22177024A withCLEAResult Consulting Inc., Extending the Term for Two Additional Years ThroughNovember 14, 2026, a Change in the Compensation Structure, and no Change in Not‐to‐Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services forSmall to Medium Business and Commercial Customers; CEQA Status: Not a Project.14.Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, inthe Amount of $20,000 and for a six‐month extension to continue Independent PoliceAuditing Services in Palo Alto. CEQA Status – Not a Project.15.Approval of Professional Services Contract Number C25192045 with Urban PlanningPartners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car FreeRamona Street Project for a Period of One Year, Direct Staff to Return with anAmendment to Approve Phase II; Approval of a Budget Amendment in the General Fund;and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025;CEQA Status – categorically exempt.16.Approval of Contract C24191871 Amendment Number 1 Effective July 1, 2024 withEquinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 YearsThrough June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorizationto Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of$1,954,923; CEQA Status – Not a Project17.Approval of Purchase Order C24193066 with Origami Risk LLC for Records ManagementSoftware Supporting the City’s Claims and Litigation for a Three‐Year Term Not‐To‐Exceed Amount of $206,310; CEQA: Not a project18.Adoption of a revised salary schedule for Limited Hourly employees to increase themaximum hourly rate for the Management Specialist classification; CEQA Status ‐ not aproject19.Adoption of a Resolution of Intention to Reimburse Expenditures for the GridModernization and Related Projects of the Electric Utility System Infrastructure from theProceeds of Tax‐Exempt Utility Revenue Bonds.20.Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and theMacias, Gini & O’Connell Management Letter; Approve the FY 2024 AnnualComprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, asRecommended by the Finance Committee; CEQA Status – Not a Project21.Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment& Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) TaskOrder Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee;CEQA: Not A Project Supplemental Report added22.FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110(Wireless Communications Facilities) of Title 18 (Zoning) to Require ArchitecturalReview Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in thePublic Rights‐of‐Way and Repeal the Objective Aesthetic, Noise, and Related Standardsfor Wireless Communication Facilities in the Public Rights‐of‐Way. CEQA Status: ExemptPursuant to CEQA Guidelines Sections 15301, 15302, and 15303.23.FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections ofTitles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Lawsfrom the 2024 Legislative Session; Adoption of an Identical Emergency Ordinance; andAdoption of a Resolution Repealing SB 9 Objective Design Standards and ReplacingThem with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQAGuidelines 15061(b)(3).24.REINTRODUCED FIRST READING: Adoption of an Ordinance Amending Palo AltoMunicipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land)to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023and Earlier. CEQA Status ‐ Exempt Pursuant to CEQA Guidelines Section 15061(b)(3).(PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6‐1, Kou no)25.SECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16,18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority RetailRevitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7‐0)CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)BREAK (15 MINUTES)ACTION ITEMS (Item 26: 9:25 ‐ 9:55 PM, Item 27: 9:55 ‐ 10:25 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.26.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse CouncilMembers Up to $2,000/year from the City Council Contingent Account for TechnologyResources and Other Actual and Necessary Expenses Incurred in the Performance ofOfficial Duties27.Approval of CAO Committee Recommendation to direct the City Manager, or theirdesignee, and Council Appointed Officers Committee Chair Lauing to negotiate renewalof the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026with an option to renew for two years; and align the review of the City Auditorperformance with other CAO reviews.ADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.28.Semiannual Update on the Status of Capital Improvement Program Projects; CEQAStatus – Not a Project29.2023 Palo Alto Airport Noise Annual Report; CEQA Status – Not a Project30.Surveillance Technology Report for Fiscal Year 2024; CEQA Status – Not a Project.31.City of Palo Alto Monthly Investment Activity Report for November 2024 (Unaudited)OTHER INFORMATIONStanding Committee Meetings this week Rail Committee December 17, 2024 CANCELED Finance Committee December 17, 2024 CANCELED Retail Committee December 18, 2024 City/Schools Liaision Committee December 19, 2024 CANCELEDPublic Comment LettersSchedule of MeetingsSUPPLEMENTAL/AMENDED AGENDA ITEMS21.SUPPLEMENTAL REPORT: Approval of Audit Reports and Task Orders: 1) ADACompliance Audit and Recruitment & Succession Planning Audit; 2) Annual RiskAssessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks;and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impactas Reviewed by Policy & Services Committee; CEQA: Not A Project PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $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. 7 December 16, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, December 16, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks,posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)1.Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement2.Proclamation Recognizing Gunn High School Pickleball ClubCLOSED SESSION (5:45 ‐ 6:45 PM)3.CONFERENCE WITH CITY ATTORNEY—POTENTIAL LITIGATIONSubject: Potential Litigation Regarding Adequacy of City of Palo Alto Housing Element, AsSet Forth in Letter Dated August 2, 2024 from David Lanferman, Esq.Authority: Government Code Section 54956.9(d)(2) One Case, as DefendantAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (6:45 ‐ 7:15 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM)Members of the public may not speak to the item(s).STUDY SESSION (7:20 ‐ 8:50 PM)4.Discussion of 2024 City Council Ad Hoc Committees ActivitiesCONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from December 2, 2024 City Council Meeting6.Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies toMeet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not aproject7.Adoption of Resolutions Authorizing an Installment Sale Agreement with the CaliforniaState Water Resources Control Board for Financing of the Local Advanced WaterPurification System Project (WQ‐19003); CEQA Status ‐ Addendum to the 2015Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037)8.Community Development Block Grant 2025‐2030 Consolidated Plan and AuthorizeExecution of Revenue Agreement with the County of Santa Clara for Annual Action PlanFY 2025‐20269.Approve a Grant Agreement with the Federal Highway Administration for the South PaloAlto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds andRequiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project.10.Approval of Seven Professional Services Contracts C25192617, C24193306 ‐ C24193311,with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., TrueNorth Compliance Services, Inc., TRB and Associates, Inc., and West Coast CodeConsultants, Inc. in the Aggregate Total Not‐to‐Exceed Amount of $4,000,000 for On‐Call Development Services, Inspection, Plan Review, and Green Building ProgramServices for a Period of Four Years. CEQA Status: Not a Project.11.Approval of Increase of Construction Contingency for Contract No. C24190072 withO’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional StreetImprovement Work on California Avenue and El Camino Real for Capital ImprovementProgram Projects PL‐23000 and PL‐12000; and Adoption of a Resolution Continuing theClosure of a Portion of California Avenue through 2025; CEQA Status – CategoricallyExempt under CEQA Guidelines Sections 15301 and 1530412.Approval of Professional Services Contract Number C25193087 with Rincon Consultantsin an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA)Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, andApproval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund;CEQA Status – this action will initiate CEQA review of the master plan.13.Approval of Contract Amendment No 1 to Contract Number C22177024A withCLEAResult Consulting Inc., Extending the Term for Two Additional Years ThroughNovember 14, 2026, a Change in the Compensation Structure, and no Change in Not‐to‐Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services forSmall to Medium Business and Commercial Customers; CEQA Status: Not a Project.14.Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, inthe Amount of $20,000 and for a six‐month extension to continue Independent PoliceAuditing Services in Palo Alto. CEQA Status – Not a Project.15.Approval of Professional Services Contract Number C25192045 with Urban PlanningPartners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car FreeRamona Street Project for a Period of One Year, Direct Staff to Return with anAmendment to Approve Phase II; Approval of a Budget Amendment in the General Fund;and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025;CEQA Status – categorically exempt.16.Approval of Contract C24191871 Amendment Number 1 Effective July 1, 2024 withEquinix, LLC in the Amount of $1,246,793 to Extend the Term for an Additional 2 YearsThrough June 30, 2029 for Fiber Licensing Agreement (Attachment A); and Authorizationto Increase Contingency Amount by $75,000 for a Total Not to Exceed Amount of$1,954,923; CEQA Status – Not a Project17.Approval of Purchase Order C24193066 with Origami Risk LLC for Records ManagementSoftware Supporting the City’s Claims and Litigation for a Three‐Year Term Not‐To‐Exceed Amount of $206,310; CEQA: Not a project18.Adoption of a revised salary schedule for Limited Hourly employees to increase themaximum hourly rate for the Management Specialist classification; CEQA Status ‐ not aproject19.Adoption of a Resolution of Intention to Reimburse Expenditures for the GridModernization and Related Projects of the Electric Utility System Infrastructure from theProceeds of Tax‐Exempt Utility Revenue Bonds.20.Accept the City of Palo Alto’s Audited Financial Statements as of June 30, 2024 and theMacias, Gini & O’Connell Management Letter; Approve the FY 2024 AnnualComprehensive Financial Report; and Amend the FY 2024 Budget in Various Funds, asRecommended by the Finance Committee; CEQA Status – Not a Project21.Approval of Audit Reports and Task Orders: 1) ADA Compliance Audit and Recruitment& Succession Planning Audit; 2) Annual Risk Assessment and 2025 Audit Plan; 3) TaskOrder Execution for Remaining FY25 Tasks; and 4) Realignment of FY 2024 and FY 2025Task Order Budgets with No Fiscal Impact as Reviewed by Policy & Services Committee;CEQA: Not A Project Supplemental Report added22.FIRST READING: Adoption of a Temporary Ordinance Amending Section 18.42.110(Wireless Communications Facilities) of Title 18 (Zoning) to Require ArchitecturalReview Board Review for Tier 2 and Tier 3 Wireless Communications Facilities in thePublic Rights‐of‐Way and Repeal the Objective Aesthetic, Noise, and Related Standardsfor Wireless Communication Facilities in the Public Rights‐of‐Way. CEQA Status: ExemptPursuant to CEQA Guidelines Sections 15301, 15302, and 15303.23.FIRST READING: Adoption of a Temporary Ordinance Amending Various Sections ofTitles 18 (Zoning) and 21 (Subdivisions and Other Divisions of Land) to Implement Lawsfrom the 2024 Legislative Session; Adoption of an Identical Emergency Ordinance; andAdoption of a Resolution Repealing SB 9 Objective Design Standards and ReplacingThem with Single Family Objective Standards. CEQA Status – Exempt Pursuant to CEQAGuidelines 15061(b)(3).24.REINTRODUCED FIRST READING: Adoption of an Ordinance Amending Palo AltoMunicipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land)to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023and Earlier. CEQA Status ‐ Exempt Pursuant to CEQA Guidelines Section 15061(b)(3).(PREVIOUSLY INTRODUCED: November 12, 2024 PASSED 6‐1, Kou no)25.SECOND READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16,18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority RetailRevitalization Measures and Direction; Exempt Pursuant to CEQA Guidelines Section15061(b)(3) (FIRST READING: November 18, 2024 PASSED 7‐0)CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)BREAK (15 MINUTES)ACTION ITEMS (Item 26: 9:25 ‐ 9:55 PM, Item 27: 9:55 ‐ 10:25 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.26.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse CouncilMembers Up to $2,000/year from the City Council Contingent Account for TechnologyResources and Other Actual and Necessary Expenses Incurred in the Performance ofOfficial Duties27.Approval of CAO Committee Recommendation to direct the City Manager, or theirdesignee, and Council Appointed Officers Committee Chair Lauing to negotiate renewalof the contract with Baker Tilly US, LLC for Internal Audit Services through June 30 2026with an option to renew for two years; and align the review of the City Auditorperformance with other CAO reviews.ADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.28.Semiannual Update on the Status of Capital Improvement Program Projects; CEQAStatus – Not a Project29.2023 Palo Alto Airport Noise Annual Report; CEQA Status – Not a Project30.Surveillance Technology Report for Fiscal Year 2024; CEQA Status – Not a Project.31.City of Palo Alto Monthly Investment Activity Report for November 2024 (Unaudited)OTHER INFORMATIONStanding Committee Meetings this week Rail Committee December 17, 2024 CANCELED Finance Committee December 17, 2024 CANCELED Retail Committee December 18, 2024 City/Schools Liaision Committee December 19, 2024 CANCELEDPublic Comment LettersSchedule of MeetingsSUPPLEMENTAL/AMENDED AGENDA ITEMS21.SUPPLEMENTAL REPORT: Approval of Audit Reports and Task Orders: 1) ADACompliance Audit and Recruitment & Succession Planning Audit; 2) Annual RiskAssessment and 2025 Audit Plan; 3) Task Order Execution for Remaining FY25 Tasks;and 4) Realignment of FY 2024 and FY 2025 Task Order Budgets with No Fiscal Impactas Reviewed by Policy & Services Committee; CEQA: Not A ProjectPUBLIC COMMENT INSTRUCTIONSMembers of the Public may provide public comments to teleconference meetings via email,teleconference, or by phone.1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.2. For in person public comments please complete a speaker request card located on thetable at the entrance to the Council Chambers and deliver it to the Clerk prior todiscussion of the item.3. Spoken public comments for agendized items using a computer or smart phone willbe accepted through the teleconference meeting. To address the Council, click on the linkbelow to access a Zoom‐based meeting. Please read the following instructions carefully.You may download the Zoom client or connect to the meeting in‐ browser. If usingyour browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled inolder browsers including Internet Explorer. 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When calledplease limit your remarks to the agenda item and time limit allotted.CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its publicprograms, services and meetings in a manner that is readily accessible to all. Persons withdisabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $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. 8 December 16, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. City Council Staff Report From: City Clerk Report Type: SPECIAL ORDERS OF THE DAY Lead Department: Utilities Meeting Date: December 16, 2024 Report #:2410-3605 TITLE Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement ATTACHMENTS Attachment A: Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement APPROVED BY: Alan Kurotori, Utilities Chief Operating Officer Item 1 Item 1 Staff Report Item 1: Staff Report Pg. 1 Packet Pg. 9 of 566 EXPRESSING APPRECIATION TO DEAN BATCHELOR UPON HIS RETIREMENT WHEREAS, Dean Batchelor began his career with the City of Palo Alto on October 21, 2008 and has provided exemplary service for more than 16-years; and WHEREAS, Dean Batchelor has enthusiastically served the citizens of Palo Alto as Assistant Director for Utilities Operations, as Chief Operating Officer, and Utilities Director; and WHEREAS, Dean provided leadership and oversight for numerous Utilities capital improvement projects including: major multi-year infrastructure replacement and street improvement in downtown Palo Alto, new Corte Madera Reservoir construction, Colorado and Hanover power substations rehabilitation, rebuilding and undergrounding electric lines in the Foothills, deploying advanced metering infrastructure and smart grid technology, implementing a new electric outage management and customer notification system, launching the electric grid modernization and fiber-to-the-premises pilot project, accelerating sewer main replacement investments, and adding solar to City facilities; and WHEREAS, Dean executed contract agreements for advantageous resource supply procurements, successfully managed finances and rates to save Palo Alto customers money on utility costs, introduced new technologies such as MyCPAU online account management to improve customer service and efficiencies, implemented new customer programs for environmental sustainability such as the carbon neutral gas offset program and sustainability and climate action plan, and won awards on behalf of the City of Palo Alto Utilities for leadership in utilities safety and operations, smart energy program structure, and the customer experience; and WHEREAS, Dean has strengthened the Utilities Department’s recruitment, retention, succession preparation and strategic planning initiatives, mentored and trained team members to provide the highest quality services for the Palo Alto community, emphasizing the importance of integrity and honesty in public service; and WHEREAS, Dean Batchelor is recognized by his peers and City staff for being professional, knowledgeable, dependable and a team player. NOW, THEREFORE, I, Greer Stone, Mayor of the City of Palo Alto on behalf of the entire City Council do hereby extend its sincere appreciation to Dean Batchelor for his dedication and excellent service rendered to the City. PRESENTED: December 16, 2024 APPROVED: ______________________ Mayor Greer Stone ______________________ ______________________ Vice Mayor Ed Lauing Council Member Pat Burt ______________________ ______________________ Council Member Lydia Kou Council Member Julie Lythcott-Haims ______________________ ______________________ Council Member Greg Tanaka Council Member Vicki Veenker ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ ______________________ City Manager City Attorney Proclamation Item 1 Attachment A - Proclamation Expressing Appreciation to Dean Batchelor Upon His Retirement Item 1: Staff Report Pg. 2 Packet Pg. 10 of 566 City Council Staff Report Report Type: SPECIAL ORDERS OF THE DAY Lead Department: City Clerk Meeting Date: December 16, 2024 Report #:2411-3792 TITLE Proclamation Recognizing Gunn High School Pickleball Club ATTACHMENTS Attachment A: Proclamation Recognizing Gunn High School Pickleball Club APPROVED BY: Mahealani Ah Yun Item 2 Item 2 Staff Report Item 2: Staff Report Pg. 1 Packet Pg. 11 of 566 Promoting Student Wellness and Mental Health through Pickleball WHEREAS, the Gunn High School Pickleball Club was founded to support mental wellness, reduce stress, and build community through the sport of pickleball, a social and accessible activity promoting physical activity and resilience. The Pickleball Club has created a valuable space for stress relief, giving students a welcoming break from academic pressures and the opportunity to connect with peers; and WHEREAS, the club recently held a mental health awareness event, supported by City of Palo Alto Mayor Greer Stone, to emphasize the positive impact of recreational activities on mental health, underscoring the City’s commitment to youth wellness; and WHEREAS, the club has received generous support from the Palo Alto Pickleball Club, which donated paddles to help make this initiative possible, along with Aireo Sports, which provided additional donations and direct support during the event. These community partners have empowered the Gunn High School Pickleball Club to expand its mission, encouraging students to experience the benefits of physical activity and wellness; and WHEREAS, the Gunn High School Pickleball Club exemplifies youth leadership, demonstrating a commitment to mental health advocacy and community enrichment in alignment with the City of Palo Alto’s values; and NOW, THEREFORE, I, Greer Stone, Mayor of the City of Palo Alto, on behalf of the City Council, hereby recognize and commend the Gunn High School Pickleball Club for its dedication to student wellness, mental health awareness, and community spirit. We also honor the Palo Alto Pickleball Club and Aireo Sports for their generous support in creating a lasting, positive impact through the game of pickleball. Presented: December 16, 2024 ______________________________ Greer Stone Mayor Proclamation Item 2 Attachment A - Proclamation Recognizing Gunn High School Pickleball Club Item 2: Staff Report Pg. 2 Packet Pg. 12 of 566 City Council Staff Report Report Type: STUDY SESSION Lead Department: City Manager Meeting Date: December 16, 2024 Report #:2412-3856 TITLE Discussion of 2024 City Council Ad Hoc Committees Activities RECOMMENDATION The City Council is to receive reports from the seven 2024 City Council Ad Hoc Committee activities. BACKGROUND The City Council uses Ad Hoc Committees to explore City business in greater depth than what is possible in the allotted Council and Standing Committee meetings. The City Council Procedures and Protocols Handbook outlines a set of procedural rules that address: Definition of Ad Hoc Committees; Brown Act; Creation and Appointment; Duration; Members; Reporting; Termination; and Conclusion. Information on each of the topics can be found on page six (6) in the City Council Procedures and Protocols Handbook. At its 2024 Annual Retreat, the Council took a strategic approach to advancing its identified priorities, engaging in a thoughtful discussion on its envisioned role in each priority area. This approach included the identification of ad hoc committees to advance specific goals. In 2024, there were seven Ad Hoc committees in addition to the Council’s standing committees (Finance, Policy & Services, Council Appointed Officers, and City/Schools Liaison): Retail, Stanford, Housing, Climate Action, Rail, Cubberley and El Camino Real. According to the Council Handbook 1.2(f) Ad Hoc Committees- the Council may create Ad Hoc Committees on a limited time basis where necessary to study City business in greater depth than is possible in the time allotted for Council and Standing Committee meetings. Ad Hocs are intended to be temporary, and therefore should be concluded or at least reconsidered each year. Most Ad Hocs will complete their work within one year or less, though in some cases the need for an Ad Hoc may extend for several years. For Ad Hocs that have a single or limited purpose and are dissolved in a short period of time--one year or less- -the Ad Hoc may meet without observing Brown Act procedures. Ad Hocs that have continuing subject matter jurisdiction over a matter or group of related matters, or that continue their work for more than one year, should observe Brown Act procedures. Item 4 Item 4 Staff Report Item 4: Staff Report Pg. 1 Packet Pg. 13 of 566 ANALYSIS The City Council has used ad hoc committees in 2024 in seven focused areas to continue to advance key initiatives and priorities of the Council. Most of the seven committees were discussed at the 2024 City Council retreat, with purpose statements as approved by the Council below. Each committee has drafted a summary of activities worked in 2024 and are attached to this report in Attachments A – F. One of the outcomes of the ad hocs was for the committees to report out to the full Council and this study session provides the forum for a year-end review. Cubberley Real Estate Transaction Committee (Attachment A): The Cubberley Ad Hoc will work with staff and negotiate a real estate transaction with PAUSD for the long-term community use of the Cubberley site. The Cubberley Ad Hoc will report to the full Council, typically in closed session, and results of the negotiation brought to Council in public session at appropriate points with expected completion in 2024. Climate Protection Ad Hoc Committee (Attachment B): The Climate Protection Ad Hoc Committee was formed by City Council in January 2024 to accelerate the implementation of the Climate Action workplan items of the Three-Year Sustainability and Climate Action Plan (S/CAP) Workplan, including: Full Scale Heat Pump Water Heater (HPWH) Program; Commercial HVAC Pilot Program; Single Family Whole Home Electrification Pilot Program; Multi-family Electric Vehicle (EV) Charger Program; EV Strategic Plan; and S/CAP Funding Study. The Committee will provide periodic updates during Council Member Questions, Comments and Announcements and will make an oral year-end report on its work no later than December 2024. El Camino Ad Hoc Committee (Attachment C): This Committee was established after the 2024 Council Priority Setting activities in response to the capital improvements planned for El Camino Real within the City limits of Palo Alto. Areas of interest included safety improvements (bikeway), parking alternatives, engagement efforts to impacted stakeholders, and support to accommodate recreational vehicle/vehicle dwellers. Housing Ad Hoc Committee (Attachment D): Provide staff guidance in preparation for full Council review on the following initiatives to address housing affordability, availability, and stability: rental registry and renter protection policies; housing element programs and implementing objectives; Coordinated Area Plan processes; and affordable housing funding strategies. The Committee will provide periodic updates during Council Member Questions, Comments and Announcements and will make an oral year-end report on its work no later than December 2024. Rail Ad Hoc Committee (Attachment E): This committee meets monthly on the third Tuesday at 2:30 p.m. Agendas can be found here: https://www.cityofpaloalto.org/Departments/City- Clerk/City-Council-Committees/Rail-Committee Item 4 Item 4 Staff Report Item 4: Staff Report Pg. 2 Packet Pg. 14 of 566 The Rail Committee discusses topics on rail grade separation. They also review the work performed by the Expanded Citizen Advisory Panel (XCAP). The Committee uses the Rail Guiding Principles(PDF, 270KB) as a standard to assist with their decision-making process. For information on project updates, please visit the Connecting Palo Alto website. Retail Ad Hoc Committee (Attachment F): This committee meets monthly on the third Wednesday at 9:00 a.m. Agendas can be found here: https://www.cityofpaloalto.org/Departments/City-Clerk/City-Council-Committees/Retail- Committee Stanford Ad Hoc Committee (Attachment G): Information sharing on issues of concern to Stanford University and the City in 2024: a proposed extension of Quarry Road; Climate Action plans; transit improvements; City use of Stanford lands; and housing development of mutual interest. The Committee will provide periodic updates during Council Member Questions, Comments and Announcements and will make an oral year-end report on its work to Council no later than December 2024. Policy & Services 2025 Priority Setting Process Discussion FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW Item 4 Item 4 Staff Report Item 4: Staff Report Pg. 3 Packet Pg. 15 of 566 ATTACHMENTS APPROVED BY: Item 4 Item 4 Staff Report Item 4: Staff Report Pg. 4 Packet Pg. 16 of 566 ATTACHMENT A 6 3 6 1 Cubberley Real Estate Transaction Ad Hoc Committee 2024 2024 Ad hoc Committee Members: Council Member Julie Lythcott-Haims (Chair); Council Member Pat Burt; Council Member Lydia Kou 2024 Activities: As reported out in October, the PAUSD Board in 2023 initiated a discussion inviting the City to make an offer to purchase additional acres at Cubberley. Both parties proceeded by creating Ad Hoc committees. The City’s counterparts from the PAUSD Board were Trustees Jennifer DiBrienza (Chair) and Shounak Dharap. The Ad Hoc committees met jointly over the course of 10 months including once with a mediator before agreeing on terms. Ultimately, the parties reached agreement and on October 7, 2024, the Council approved a memorandum of understanding outlining terms and next steps. Upon voter approval of a General Obligation Bond to fund acquisition and development of the Cubberley site in November 2026, the City will purchase 7 acres from PAUSD (including the area currently developed with permanent buildings) at the price of $65.5 million. PAUSD will use sale proceeds for school improvements throughout the district. Prior to going to the voters, the City will develop its plan for a rebuilt and renovated community center and related uses on the site, and PAUSD will develop its school improvement plans. In the interim, the City and PAUSD will enter into a new five-year lease continuing current use of the property, including the playing fields and parking lots. The City will pay PAUSD $2 million a year as long as PAUSD uses a portion of the property, and $2.5 million when PAUSD is no longer using the property. The City will assume responsibility for maintenance and associated costs for areas not used by PAUSD. This was memorialized in a lease amendment approved on December 2, 2024. Item 4 Attachment A - Cubberley Real Estate Transaction Ad Hoc 2024 Item 4: Staff Report Pg. 5 Packet Pg. 17 of 566 ATTACHMENT B Climate Protection Ad Hoc Committee 2024 2024 Ad hoc Committee Members: Council Member Vicki Veenker (Chair); Council Member Pat Burt 2024 Activities: The Climate Protection Ad Hoc Committee (Committee) was formed by City Council in January 2024 to accelerate the implementation of the Climate Action workplan items of the Three-Year Sustainability and Climate Action Plan (S/CAP) Workplan, including: Full Scale Heat Pump Water Heater (HPWH) Program; Commercial HVAC Pilot Program; Single Family Whole Home Electrification Pilot Program; Multi-family Electric Vehicle (EV) Charger Program; EV Strategic Plan; and S/CAP Funding Study. Over the course of the year, the Committee held 21 Committee meetings and 10 Climate Protection Working Group Meetings. The Working Group is comprised of knowledgeable members of the community selected by the Committee to consult with the Committee and staff on S/CAP implementation priorities. The Working Group currently has 12 members, representing Stanford, advocacy groups, non-profits, students, and the Utilities Advisory Commission (please see Roster at end of report). The Working Group receives presentations on S/CAP Workplan implementation topics and provides feedback to the Committee and City staff. The Committee received staff and consultant presentations, and reviewed and discussed various S/CAP Studies, Programs, and Plans. Specifically, the Committee reviewed and discussed the following: •Climate Change and the Natural Environment: Protection and Adaptation Council Priority Objectives •Programs: Heat Pump Water Heater (HPWH) Pilot, including pricing changes and program updates; HPWH Emergency Replacement; Whole Home Electrification; Multi- family Electric Vehicle Charging; and Commercial HVAC Rooftop Pilot Programs •Strategic Plans: Reliability & Resiliency, EV, and E-Mobility Strategic Plans •Studies: S/CAP Funding, Building Sector, and EV Charger Needs Assessment Studies •Grid Modernization and Advanced Metering Infrastructure •Greenhouse gas emissions inventories •Climate Smart San Jose. The Committee met with City of San Jose staff to learn more about Climate Smart Jose and best practices the City of Palo Alto might explore. In addition, the Committee visited the Climate Smart San Jose electrification trailer. •Bay Area Air Quality Management District initiatives The Working Group provided feedback on the following: •HPWH Pilot Program •HPWH Emergency Replacement Program Item 4 Attachment B - Climate Protection Ad Hoc 2024 Item 4: Staff Report Pg. 6 Packet Pg. 18 of 566 ATTACHMENT B 6 3 6 2 •Climate Change and the Natural Environment: Protection and Adaptation Council Priority Objectives •Programs: Heat Pump Water Heater Pilot, HPWH Emergency Replacement, Whole Home Electrification, Multi-family Electric Vehicle Charging; and Commercial HVAC Rooftop Pilot Programs •Strategic Plans: Reliability & Resiliency, EV, and E-Mobility Strategic Plans •Studies: S/CAP Funding, Building Sector, and EV Charger Needs Assessment Studies Both the Committee and Working Group provided substantive feedback and asked salient questions that helped shape the S/CAP plans, studies, and programs and will have ongoing positive impacts. This was especially helpful in gauging the level of support the broader community might have for various S/CAP implementation items. In addition, the Committee guided staff on policy options to consider and areas to explore for further consideration. The Committee connected staff with valuable partners, such as the Bay Area Air Quality Management District, City of San Jose, and Stanford University, who shared best practices and the latest research on several S/CAP issues. Climate Protection Working Group Roster: •Bret Andersen, Carbon Free Palo Alto •Lincoln Bleavens, Stanford University •Justine Burt, Palo Alto Transportation Management Association •Rachel Croft, Utilities Advisory Commission •Bruce Hodge, Carbon Free Palo Alto •Mark Hoffberg •Tom Kabat •Phil Metz, Utilities Advisory Commission •Debbie Mytels, 350 Silicon Valley Palo Alto •Matt Passell •Anu Ramamurty, Kat Kid Adventure •Avroh Shah, Palo Alto Student Climate Coalition •Julia Zeitlin, Silicon Valley Sunrise Hub and Palo Alto Student Climate Coalition (through summer 2024) Item 4 Attachment B - Climate Protection Ad Hoc 2024 Item 4: Staff Report Pg. 7 Packet Pg. 19 of 566 ATTACHMENT C El Camino Real Ad Hoc Committee 2024 2024 Ad hoc Committee Members: Vice Mayor Ed Lauing; Council Member Pat Burt 2024 Activities: Safety Improvements Engaged in discussions with Caltrans, which led to significant safety improvements in the proposed bikeway project as well as a mutual understanding that El Camino Real (ECR) will require future planning and study to further reduce road user conflicts in key locations along the corridor. Parking Alternatives Provided input into proposed parking mitigation strategies to minimize the effects of parking removal on ECR. Several strategies were discussed, including: •Monitoring of impacts in RPP districts and modifications as necessary •Short-term parking solutions available for evaluation on streets adjacent to ECR •Use of PATMA to leverage existing resources, including provision of the VTA smart passes through for workers on ECR •Additional bike parking available for evaluation at businesses on ECR RV/Vehicle Dwellers Collaborated on efforts to accommodate RV/vehicle dwellers impacted by the loss of parking along ECR, which led to Council approval on August 19, 2024 to amend a lease agreement to increase safe parking spaces for RV/vehicle dwellers by 10 at 2000 Geng Road. Public Outreach and Engagement Participated in a joint workshop on May 16, 2024, which included a page-by-page review of Caltrans proposed draft bikeway plans with City staff, Caltrans staff, VTA staff, Fehr & Peers, and biking advocate stakeholders including representatives from the City’s Pedestrian and Bicycle Advisory Committee (PABAC), and the Silicon Valley Bicycle Coalition (SVBC). Provided input on the staff plan to engage with the community ahead of and following the removal of parking along ECR through emails, updates on the ECR repaving project website, social media and Uplift Local posts, and on-the-street outreach. Strategized on the engagement approach with businesses and neighborhood stakeholders to identify new short-term parking designations for adjacent side-streets, and to identify locations for additional bike parking. Item 4 Attachment C - El Camino Real Ad Hoc 2024 Item 4: Staff Report Pg. 8 Packet Pg. 20 of 566 ATTACHMENT D Housing Ad Hoc Committee 2024 2024 Ad hoc Committee Members: Vice Mayor Ed Lauing (Chair); Mayor Greer Stone 2024 Activities: San Antonio & Downtown Housing Plans: Reviewed the San Antonio Area Plan Request for Proposals (RFP) project scope. Engaged in discussions involving the Downtown Housing Plan, including providing feedback on the Community Advisory Group representation and appointments, and the boundaries of the plan area. Housing Element Implementation: Engaged in informal conversations with developers; reviewed concepts and provided feedback to staff on the HIP; ECR Focus Area; and RHNA goals. Affordable Housing Notice of Funding Availability (NOFA): In alignment with Council Priority HS&EB 43, the ad hoc provided input on the City’s strategy for utilizing affordable housing funds. These funds, sourced from impact fees, in-lieu fees, and State matching funds, resulted in the release of a NOFA for approximately $5 million in September 2024. Proposals for funding are scheduled for City Council before the end of the year. Affordable Housing Funding Strategy •In alignment with Council Priority HS&EB 42, the ad hoc has explored various strategies to secure substantial funding to meet the City's affordable housing goals. These discussions have focused on identifying new financial resources and optimizing existing funding mechanisms to enhance the City’s ability to support affordable housing development. •Discussed potential revenue options such as a local transfer tax and residential vacancy tax, both designed to create dedicated funding sources for affordable housing. Bond initiatives were discussed noting that the Bay Area Housing Finance Agency Regional Affordable Housing Bond was withdrawn from the 2024 ballot and Proposition 5 intended to reduce the voter threshold for approving public infrastructure and affordable housing taxes and bonds from two-thirds to 55%, failed. •Considered philanthropic options and roles individual Councilmembers could leverage connections to support specific projects. Renter Protection Policy Discussions •Provided policy guidance in regard to the City’s fair chance future policy, which seeks to reduce barriers to housing opportunities for individuals with criminal histories in certain circumstances. •Reviewed and provided feedback on the administrative guidelines and online registration portal for the Rental Registry Program. The first year of the registry was launched in October 2024 and will close in January 2025. •Discussed Anti-Rent Gouging with key considerations, including City resources to support a program and potential unintended consequences. Below Market Rate Waitlist: Reviewed and provided feedback on the staff plan to open the Below Market Rate Housing Program waiting list. The waiting list has been closed to new applications since October 2016. Item 4 Attachment D - Housing Ad Hoc 2024 Item 4: Staff Report Pg. 9 Packet Pg. 21 of 566 ATTACHMENT E Rail Ad Hoc Committee 2024 2024 Ad hoc Committee Members: Council Member Pat Burt (Chair); Vice Mayor Ed Lauing; Council Member Julie Lythcott-Haims 2024 Activities: The Rail Committee met nine (9) times and discussed the following projects, a more comprehensive report on the Committee’s 2024 activities can be found on the November 19, 20241 agenda. •Rail Grade Separation Projects at Churchill Avenue, Meadow Drive, and Charleston Road •Quiet Zone Projects at Palo Alto Avenue, Churchill Ave, Meadow Dr, & Charleston Rd •Bicycle and Pedestrian Transportation Plan Update & Bicycle and Pedestrian recommendation between Seale Avenue and Kellogg Avenue •Caltrain Corridor Strategy and Delivery Guide •Safety Improvement Projects such as fencing improvements, intersection safety, etc. The Rail Committee consistently reviewed rail issues, incorporated community input, and made recommendations to the City Council throughout the year. January – March 2024 •Reviewed technical comments provided by Caltrain and its impacts to grade separation alternatives for direction to staff. •Reviewed and discussed the draft Corridor Crossing Delivery Guide. •Updated the Evaluation Matrix based on Council criteria and provided updates including property, environmental, bike/ped circulation and visual impacts. April – June 2024 •Discussed high-level Caltrain comments including technical and four tracking impacts on project alternatives for recommendation to Council on selection of preferred alternatives. •Reviewed the Funding Agreement between the City and the Federal Railroad Administration (FRA) for the $6 million grant funding. •Reviewed bike/ped crossings for Churchill Underpass and selection of Seale Ave location. •Discussed Caltrain security improvements and raised fence height near Churchill Avenue. July – September 2024 •Review Quiet Zone Analysis and direction on Quiet Zone Implementation measures for Churchill Ave, Meadow Dr, and Charleston Road crossings. •Provided updates on Enhanced Crossing projects near the Churchill Avenue crossing. October – November 2024 •Review of the cooperative agreement between VTA, Caltrain, and the City for $14M Measure B funding. for the Churchill Avenue, Meadow Drive, and Charleston Road crossings. As well as updates to the Bicycle and Transportation Plan for feedback. 1 Rail Committee, November 19, 2024, Item #2; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=53103 Item 4 Attachment E - Rail Ad Hoc 2024 Item 4: Staff Report Pg. 10 Packet Pg. 22 of 566 ATTACHMENT F 6 3 6 7 Retail Ad Hoc Committee 2024 2024 Ad hoc Committee Members: Council Member Lydia Kou (Chair); Council Member Pat Burt; Council Member Julie Lythcott-Haims 2024 Activities: Overall Economic Development: •Received updates on various work efforts to advance Council’s Economic Development and Transition (ED&T) priority1 through verbal communication and through Economic Development Activity Reports. o Objectives are paraphrased in this document for ease of reference; the full-text of each objective can be found on the priorities webpage •Discussed various issues related to objective #1 to “establish sustainable business organization in…districts” •Recommended Title 18 Changes to implement high priority retail revitalization measures then approved by Council. This advanced objective #12 to “conduct stakeholder outreach and present recommendations to Council for a citywide retail zoning strategy and receive direction for zoning ordinance implementation” University Avenue Downtown: •Discussed Immediate/Interim Improvements: This included enhancing cleanliness, including removal of disused/ broken newsracks, power-washing garages, and use of overtime for more frequent cleanings •Discussed University Avenue Streetscape Project (Objective #5) •Held study session on Options for Addressing Retail Vacancies in University Avenue Downtown, advancing objective #10 to “establish regular engagement with retail brokers…to create stronger connections…” as well as objective #11 to “research and evaluate options for implementing a public-private small and local business and incubation and vacant storefront program…” •Ramona street was discussed at various meetings, and the contract for the design consultant is being brought forward for Council approval. Objective #4 was to “initiate preliminary analysis and stakeholder engagement on a car-free streetscape design for Ramona street”. California Avenue: •Discussed Immediate and Interim Improvements, including objective #2 to “engage Cal Ave merchants on high-priority rapid implementation projects”. •Received updates on objective #3 (Develop Cal Ave car-free streetscape design) parallel to engaging Cal Ave merchants Midtown: •Discussed efforts with the Chamber of Commerce to engage Midtown merchants. 1 The latest quarterly update on objectives within the Council priorities, including each objective under the ED&T priority can be found online here: https://www.cityofpaloalto.org/Departments/City-Clerk/City-Council/City- Council-Priorities Item 4 Attachment F - Retail Ad Hoc 2024 Item 4: Staff Report Pg. 11 Packet Pg. 23 of 566 ATTACHMENT G 6 3 6 8 Stanford Ad Hoc Committee 2024 2024 Ad hoc Committee Members: Council Member Pat Burt; Council Member Lydia Kou; Vice Mayor Ed Lauing 2024 Activities: Ad Hoc Committee members, city staff, and Stanford representatives met approximately monthly to share information and status-updates, facilitating greater coordination between the agencies. Quarry Road Connection Project: Reviewed and recommended to the Council the extension of Quarry Road to improve bus transit efficiency and station circulation including necessary. On June 10, 20241, the City Council reviewed conceptual plans for this proposed transit connection and approved the formal steps needed for the project's implementation. Council approved placement of a ballot measure before voters in November 2024 of whether to discontinue the park use of approximately 0.33 acres of El Camino Park for the purpose of constructing a roadway for transit vehicles between El Camino Real and the Palo Alto Transit Center and execution of a letter of intent with Stanford University for the Quarry Road Connection Project. The ballot measure was successfully approved by voters in November 2024. Other Discussion and Collaborations: •Received/reviewed a presentation on workforce housing and training including definition, audiences and approaches with representatives from NOVA and Stanford Pathways Lab. •Discussed operational improvements at the Palo Alto Transit Center and coordination for improvements in advance of the September 21, 2024 Caltrain electrification event and subsequent improvements. These included: improved signage and way finding, improved bike/pedestrian connections/circulation and visibility, enhance appearance of facilities, advertising, and public communications. Reviewed VTA initiatives to activate and improve the Transit Center established participation by Stanford in the VTA Ad Hoc Committee. •Coordinated on El Camino Real measures in collaboration with Caltrans bike lane additions. •Discussed the Bicycle and Pedestrian Transportation Plan, collaborated on areas to explore Safe Routes to School from Page Mill via Hanover or Peter Coutts Rd. •Discussed opportunities for Stanford and City collaboration on the City’s Climate Action Plan. Identified to topics to explore further include SRP substation improvements, potential joint presentations on respective Climate Action Plans (e.g. National League of Cities, U.S. Conference of Mayor, and SCRL/City partnership on transitioning to electrification). •Received presentation on the Stanford Research Park status/future vision and coordinated area plan, including a shared vision for future housing in the lower Research Park. 1 City Council, June 10, 2024, Item #12, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82889 Item 4 Attachment G - Stanford Ad Hoc 2024 Item 4: Staff Report Pg. 12 Packet Pg. 24 of 566 City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: December 16, 2024 Report #:2412-3854 TITLE Approval of Minutes from December 2, 2024 City Council Meeting RECOMMENDATION That the minutes be reviewed and approved. ATTACHMENTS Attachment A: December 2, 2024 Draft Action Minutes APPROVED BY: Mahealani Ah Yun Item 5 Item 5 Staff Report Item 5: Staff Report Pg. 1 Packet Pg. 25 of 566 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 6 Regular Meeting December 2, 2024 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: Absent: Special Orders of the Day 1. Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region NO ACTION 2. Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi NO 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 Number 9, 13. MOTION: Council Member Veenker moved, seconded by Council Member Lauing to approve Agenda Item Numbers 3-16. Item 5 Attachment A - December 2, 2024 Draft Action Minutes Item 5: Staff Report Pg. 2 Packet Pg. 26 of 566 DRAFT ACTION MINUTES Page 2 of 6 City Council Meeting Draft Action Minutes: 12/02/2024 MOTION PASSED ITEMS 3-8, 10-12, 14-16: 7-0 MOTION PASSED ITEMS 9, 13: 6-1, Tanaka no 3. Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings 4. Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305 5. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project 6. Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status - categorically exempt under CEQA Guidelines Section 15301. 7. Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project. 8. Approval of Professional Services Contract No. C25193007 with Watry Design, Inc. in the Amount of $2,403,592 to Provide Design, Environmental Review, and Construction Administration Services for the New Downtown Parking Garage, Capital Improvement Program Project (PE-15007); CEQA Status: Not a Project 9. Approval of Contract Amendment Number 1 to Contract Number C23186719 with CivicPlus, LLC in the amount of $48,265 for Additional Features and Security for Existing Recreation Management Software for a new not-to-exceed of $783,330; CEQA Status – Not a Project. 10. Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber-Stroeh Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend the Contract Term for the University Avenue Streetscape Update Project (PE-21004); CEQA status – Not a Project 11. Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions) Item 5 Attachment A - December 2, 2024 Draft Action Minutes Item 5: Staff Report Pg. 3 Packet Pg. 27 of 566 DRAFT ACTION MINUTES Page 3 of 6 City Council Meeting Draft Action Minutes: 12/02/2024 12. Approval of the Second Amendment to Lease Agreement Between Palo Alto Unified School District (PAUSD) and City of Palo Alto for a Portion of the Cubberley Site at 4000 Middlefield Road through December 31, 2029, Not-to-Exceed $2,500,000 in Rent per Year; CEQA Status—Not a Project 13. Approval of Amendment No. 2 to Contract No. C20176877 with Schaaf & Wheeler in the Amount of $77,360 for a total not-to-exceed amount of $867,278 and Extend the Contract Term for the Corporation Way System Upgrades and Pump Station (SD-21000), West Bayshore Road Pump Station (SD-20000) and West Bayshore Trunk Line Improvements (SD-23000) Projects; CEQA Status – Exempt Under CEQA Guidelines Section 15301 14. FIRST READING: Adoption of an Ordinance to Move Commissioner Appointments from April to November for the Public Art Commission (PAMC Ch. 2.18), Human Relations Commission (Ch. 2.22), and Parks and Recreation Commission (Ch. 2.25); and Adoption of a Resolution Moving Storm Water Management Oversight Committee Appointments from March to November; and Extending Terms Accordingly for these Commissions; CEQA status - not a project. 15. SECOND READING: Adoption of an Ordinance Continuing the Temporary Program to Expand Outdoor Dining, Retail and Other Activities on Public and Private Property through June 30, 2025; CEQA status - Exempt under Sections 15301, 15303, and 15304 of the CEQA Guidelines (FIRST READING: November 18, 2024 PASSED 7-0) 16. SECOND READING: Adoption of an Ordinance Amending the Municipal Fee Schedule to Modify the Calculation for Park, Community Center and Library Development Impact Fees from a per Unit to per Square Foot Basis; CEQA Status: Exempt Pursuant to 15061(b)(3). (FIRST READING: November 18, 2024 PASSED 7-0) City Manager Comments Ed Shikada, City Manager Action Items 17. Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting February 10, 2025, for a Public Hearing for Objections to the Proposed Weed Abatement; CEQA status: exempt, CEQA Guidelines Section 15308. MOTION: Council Member Kou moved, seconded by Council Member Veenker to adopt the attached resolution: Item 5 Attachment A - December 2, 2024 Draft Action Minutes Item 5: Staff Report Pg. 4 Packet Pg. 28 of 566 DRAFT ACTION MINUTES Page 4 of 6 City Council Meeting Draft Action Minutes: 12/02/2024 1. Declaring weeds to be a public nuisance; 2. Setting February 10, 2025, for a public hearing on objections to proposed weed abatement; and 3. Directing staff to publish a notice of hearing in accordance with the provisions of the Palo Alto Municipal Code. MOTION PASSED: 7-0 18. Master Plan for the Cubberley Site: (1) Approval of Professional Services Contract Number C25192924 with Concordia, LLC in an Amount Not to Exceed $631,966 for Development of a Revised Master Plan for the Cubberley Site for a Period of Two Years; (2) Approve Budget Amendments in the General Fund and Cubberley Infrastructure Fund; (3) Approve a Letter of Intent with the Friends of the Palo Alto Recreation Wellness Center; (4) Approve the Workplan for Pursuit of a Local Ballot Measure for the November 2026 General Election to fund the Purchase of Land and Development of a New Community Recreation and Resource Center at the Cubberley Site; CEQA Status - CEQA review will be conducted on the Master Plan. MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to: 1. Approve and authorize the City Manager or designee to execute Contract No. C25192924 (Attachment C), with Concordia, LLC, for development of a revised Master Plan for the Cubberley Community Center site for a term of two years, and a total amount not-to-exceed $631,966, including $585,860 for basic services and $46,106 for additional services; and 2. Amend the Fiscal Year 2025 Budget Appropriation for: a. General Fund by: i. Increasing the transfer to the Cubberley Property Infrastructure Fund by $631,966; and ii. Decreasing the Real Property Investment Reserve by $631,966; b. Cubberley Property Infrastructure Fund by (requires 2/3 approval): i. Increasing the transfer from the General Fund by $631,966; and ii. Increasing the Cubberley Community Center Redevelopment Capital Improvement Project (CB-26000) by $631,966; and Item 5 Attachment A - December 2, 2024 Draft Action Minutes Item 5: Staff Report Pg. 5 Packet Pg. 29 of 566 DRAFT ACTION MINUTES Page 5 of 6 City Council Meeting Draft Action Minutes: 12/02/2024 3. Approve the workplan for pursuit of a November 2026 local ballot measure to fund the purchase of land and development of a new Community Recreation and Resource Center at the Cubberley site. MOTION PASSED: 7-0 MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to: 4. Approve a Letter of Intent (Attachment D) with the Friends of the Palo Alto Recreation Wellness Center for the purpose of fundraising for a recreation wellness center (gymnasium) at the Cubberley site; and MOTION PASSED: 6-1, Kou no 19. Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space MOTION: Council Member Kou moved, seconded by Mayor Stone to approve the Resolution and send to the Santa Clara County Board of Supervisors to support and stand with the Amah Mutsun Tribal Band, environmental groups, and concerned citizens to protect the ecologically sensitive ancient ceremonial site, called Juristac, located in south Santa Clara County, and to reject the proposed Sargent Quarry Project. MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 9:11 P.M. Item 5 Attachment A - December 2, 2024 Draft Action Minutes Item 5: Staff Report Pg. 6 Packet Pg. 30 of 566 DRAFT ACTION MINUTES Page 6 of 6 City Council Meeting Draft Action Minutes: 12/02/2024 ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Item 5 Attachment A - December 2, 2024 Draft Action Minutes Item 5: Staff Report Pg. 7 Packet Pg. 31 of 566 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: December 16, 2024 Staff Report: 2409-3529 TITLE Adoption of a Resolution Authorizing the City Manager to Transact for Electric Supplies to Meet the City’s Electrical Needs under Electric Master Agreements; CEQA Status: Not a project RECOMMENDATION Staff recommends that City Council adopt a Resolution (Attachment A) authorizing the City Manager or their designee to execute one or more transactions under the Master Agreements with one or more pre-approved suppliers to purchase and/or sell electricity supplies and related services to meet the City’s forecasted electricity load and regulatory requirements, subject to the following conditions: 1. The date for delivery of the electricity supplies for each transaction shall not exceed 36 months from the date the transaction is executed; 2. The delivery date of any transaction shall not extend beyond December 2039; 3. The maximum aggregate transaction limit under each Master Agreement shall be $75 million; 4. All transactions shall be subject to the Palo Alto Municipal Code; 5. All transactions shall be subject to the City’s Energy Risk Management Policy (Attachment B); 6. The transactions shall be undertaken with suppliers that have executed Master Agreements with the City; to date those suppliers are: a. BP Energy Company; b. Cargill Power Markets, LLC; c. Constellation Energy Generation, LLC (formerly Exelon Generation Company, LLC); d. Avangrid Renewables, LLC (formerly Iberdrola Renewables, LLC); e. NextEra Energy Marketing, LLC; f. PacifiCorp; g. Powerex Corp; h. Shell Energy North America (US), L.P.; i. Silicon Valley Clean Energy Authority (SVCE); and Item 6 Item 6 Staff Report Item 6: Staff Report Pg. 1 Packet Pg. 32 of 566 j.Turlock Irrigation District. EXECUTIVE SUMMARY Transacting with an active set of creditworthy counterparties is essential to ensure that the City meets its electric supply portfolio planning objectives, internal risk management controls, and external operational and regulatory requirements in a low-cost and time-efficient manner. Authorizing the City Manager or their designee to execute transactions under the City’s electric Master Agreements with pre-approved suppliers will enable the purchase and/or sale of electricity supplies and related services to meet the City’s forecasted electricity load. In March 2013 City Council approved a similar resolution authorizing the City Manager or their designee to transact with specified suppliers for the calendar years 2013 through 2027 period (Resolution 93241). The authorization being sought now is to continue this approach for an additional 15-year period, for calendar years 2025 through 2039, with any given transaction term not to exceed 36 months from the date the transaction is executed. BACKGROUND & ANALYSIS The City procures long-term renewable electricity supplies from solar photovoltaic, wind, landfill gas, geothermal, and hydroelectric resources, for contract terms that span up to 35 years. In addition, City staff utilize electric Master Agreements with pre-approved suppliers to balance electric loads and supplies in the short- and medium-term, from one month to 36 months out. These transactions conform with the City’s Energy Risk Management Policy, which was last modified in June 2024 (Resolution 101662). City Council periodically approves new Master Agreements with suppliers to maintain a diverse set of suppliers for the City to competitively procure electricity supplies3. Currently the City has ten suppliers, with SVCE being the last supplier approved by Council in March 2024 (Staff Report: 2401-25494). Under the March 2013 Council authorization, staff have undertaken over 200 transactions during the past 12 years totaling $131.9 million, as outlined in Table 1 below. 1 Resolution 9324: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9324.pdf 2 Resolution 10166: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=62033 3 In December 2016 Council approved a standard form electric master agreement (Resolution 9652), based on the year 2000 version of the Edison Electric Institute (EEI) Master Power Purchase and Sale Agreement. This standard form agreement has been made available to any wholesale utility supplier on the City’s website since that time; however, execution of, and delegation of authority to transact under, standard form master agreements with specific suppliers remains subject to Council approval before any transactions may be completed. https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-9652.pdf 4 Staff Report 2401-2549: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82745 Item 6 Item 6 Staff Report Item 6: Staff Report Pg. 2 Packet Pg. 33 of 566 As shown above, over the past 12 years, the transaction volumes with two of the suppliers have approached the $50 million authority limit.5 Staff anticipate the volume of transactions in the next 12 to 15 years could be higher due to higher volumes and prices, and hence recommend the transaction cap be increased from $50 million to $75 million.6 FISCAL/RESOURCE IMPACT Authorizing the City Manager or their designee to transact under the electric Master Agreements for a term of up to 36 months does not by itself result in any resource impact, except for facilitating an efficient process to competitively procure electric supplies. Annual budgets approved by Council account for the purchase cost and sales revenue associated with these transactions. STAKEHOLDER ENGAGEMENT Utilities staff coordinates with the City Attorney’s Office in negotiating Master Agreements and with the Administrative Services Department to transact within the Risk Management Policy (Attachment B) and associated Guidelines and Procedures. 5 When staff determines, based on the City’s Energy Risk Management Guidelines, that a transaction is needed to hedge the City’s energy market price risk, staff issues a solicitation to all enabled and qualified counterparties. Staff then awards the transaction to the supplier who submits the best-priced qualifying proposal. Often only a small number of the enabled suppliers will respond to the City’s solicitations, which is why the City’s total transaction volume since 2013 has been so concentrated among a few very large counterparties who are extremely active in California’s energy markets. 6 Staff arrived at the $75 million aggregate transaction limit by estimating the City’s total transaction needs through 2039 (based on the current portfolio’s monthly surplus/deficit positions and current market price forecast), and assuming that these total transaction needs will again be concentrated among a small handful of suppliers. Staff also added some additional room on top of this estimate (about 20%) to account for uncertainty around hydrological conditions, market prices, and the possibility that future transactions could become even more concentrated among a small number of suppliers. T S P S T T A --- B 2 4 2 C 6 -6 E 1 2 1 N 3 1 4 P --- P 1 4 1 S 3 1 4 S --- T 7 -7 T 9 3 1 Item 6 Item 6 Staff Report Item 6: Staff Report Pg. 3 Packet Pg. 34 of 566 ENVIRONMENTAL REVIEW Authorizing the City Manager or their designee to transact for electric supplies to meet the City’s electrical loads under electric Master Agreements does not constitute a project for the purposes of the California Environmental Quality Act, pursuant to California Public Resources Code Section 21065, and, therefore, no environmental assessment is required. ATTACHMENTS Attachment A: Resolution Attachment B: Energy Risk Management Policy APPROVED BY: Dean Batchelor, Utilities Director Staff: James Stack, PhD., Senior Resource Planner Item 6 Item 6 Staff Report Item 6: Staff Report Pg. 4 Packet Pg. 35 of 566 NOT YET APPROVED Attachment A 1 070420 syn 6056906 Resolution No. _____ Resolution of The Council of The City of Palo Alto Authorizing the City Manager or Their Designee to Transact Electric Supplies to Meet the City’s Electrical Loads Under Electric Master Agreements, Under Specified Terms and Conditions During Calendar Years 2025 Through 2039, Inclusive SECTION 1. The City Council finds, as follows: A. By Resolution 9324 adopted in 2013, the City Council authorized the City Manager or their Designee to transact electric supplies to meet the City’s electrical loads under Electric Master Agreements with suppliers during a 15-year delivery period, between calendar years 2013 through 2027, under the following conditions; I. The maximum term of any transaction shall not exceed three years, commencing on the date of execution of the transaction; II. No transaction entered into shall extend beyond December 31, 2027; III. The maximum expenditure under any Master Agreement shall not exceed $50 million in the aggregate; B. The Resolution also found that Council’s approval of an Energy Risk Management Policy, via Resolution 9272, provided for the oversight and controls necessary to manage risks inherent in transacting electric supply under the Master Agreements; the Risk Management Policy has since been updated, most recently in June 2024 via Resolution 10166. C. Since the authorization provided in 2013 via Resolution 9324, staff has undertaken over 200 transactions totaling $131.9 million, of which $1.6 million is for delivery during or after January 2025; D. In December 2016, via Resolution 9652, Council approved a standard form electric master agreement based on the year 2000 version of the Edison Electric Institute (EEI) Master Power Purchase and Sale Agreement. This standard form agreement has been made available to any wholesale utility supplier on the City’s website since that time; however, execution of, and delegation of authority to transact under, standard form master agreements with specific suppliers remains subject to Council approval before any transactions may be completed. The Council of the City of Palo Alto does RESOLVE as follows: SECTION 2. The Council once again authorizes the City Manager or their designee to execute one or more transactions under Council-approved Master Agreements with pre- approved suppliers to purchase and/or sell electricity supplies and related services to meet the City’s forecasted electricity load and regulatory requirements. Item 6 Attachment A - Resolution Item 6: Staff Report Pg. 5 Packet Pg. 36 of 566 NOT YET APPROVED Attachment A 2 070420 syn 6056906 SECTION 3. The authorization referenced in Section 2 is subject to the following requirements: (a) the maximum expenditure under any Master Agreement shall not exceed $75 million in the aggregate and, with respect to outstanding transactions referred to in Section 1.C, the respective amounts shall be applied against the maximum expenditure established herein; and (b) the maximum term of any transaction shall not exceed three years, commencing on the date of execution of the transaction. The sentence preceding notwithstanding, the City may enter into a transaction greater than three years, if the Council grants prior approval to such transaction. SECTION 4. No Master Agreement and any related transaction entered into with any qualified supplier, executed by the City Manager or his designated representative and approved as to form by the City Attorney, under the authority of this ordinance shall extend beyond December 31, 2039. SECTION 5. The suppliers that have Master Agreements with the City and authorized to transact are listed below, and the supplier list could be expanded to additional suppliers with future approval from the City Council. a. BP Energy Company; b. Cargill Power Markets, LLC; c. Constellation Energy Generation, LLC; d. Avangrid Renewables, LLC; e. NextEra Energy Marketing, LLC; f. PacifiCorp; g. Powerex Corp; h. Shell Energy North America (US), L.P.; i. Silicon Valley Clean Energy Authority (SVCE); and j. Turlock Irrigation District. // // // // // Item 6 Attachment A - Resolution Item 6: Staff Report Pg. 6 Packet Pg. 37 of 566 NOT YET APPROVED Attachment A 3 070420 syn 6056906 SECTION 6. The Council hereby finds that authorizing the City Manager or their designee to transact for electric supplies to meet the City’s electrical loads under electric Master Agreements does not constitute a project for the purposes of the California Environmental Quality Act, pursuant to California Public Resources Code Section 21065, and, therefore, no environmental assessment is required. Item 6 Attachment A - Resolution Item 6: Staff Report Pg. 7 Packet Pg. 38 of 566 City of Palo Alto Energy Risk Management Policy City Council Approved: June 10, 2024 Report # 2404-2844 Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 8 Packet Pg. 39 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 City of Palo Alto Energy Risk Management Policy Table of Contents A. OBJECTIVE AND SCOPE .......................................................................................................2 B. APPLICABILITY ......................................................................................................................3 C. RISK MANAGEMENT ROLES, RESPONSIBILITES, AND ORGANIZATION ..............4 1. City Council ............................................................................................................................4 2. Utilities Advisory Commission ..............................................................................................4 3. City Manager ..........................................................................................................................4 4. Utilities Risk Oversight and Coordinating Committee (UROCC) ....................................4 5. CPAU/ASD Oversight ............................................................................................................ 4 b. ASD Middle Office – Risk Management Controls and Reporting ..........................................................................5 c. Back Office – Settlement and Recording ................................................................................................................... 5 6. NORTHERN CALIFORNIA POWER AGENCY (NCPA) ...............................................5 D. TRANSACTIONS ......................................................................................................................6 2. Maximum Transaction Term .....................................................................................................................................6 3. Competitive Process .....................................................................................................................................................6 E. COUNTERPARTY CREDIT ....................................................................................................6 F. RISK MANAGEMENT REPORTING ....................................................................................7 G. AUTHORIZED PRODUCTS ..................................................................................................7 H. TRANSACTING AUTHORITY ...............................................................................................8 I. CONFLICT OF INTEREST .....................................................................................................8 J. DODD-FRANK APPLICABILITY AND COMPLIANCE ...................................................8 GLOSSARY OF TERMS ................................................................................................................9 Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 9 Packet Pg. 40 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 A. OBJECTIVE AND SCOPE The City of Palo Alto’s (City) Department of Utilities (CPAU) purchases and sells electricity and gas to meet the needs of its customers. The City’s Energy Risk Management Policy (ERM Policy) describes the management organization, authority, and processes to monitor, measure, and control market risks, which include price risk, credit risk, and operational risk, to which the City is exposed in the normal course of managing its energy portfolio to meet the needs of the City’s electric and gas utility customers. The ERM Policy describes the key policies and control structures for prudent energy risk management processes, in accordance with the City’s municipal code, financial requirements set forth by the City Council and the Director of Administrative Services, and applicable law. The ERM Policy focuses on the following areas:  Segregation of duties and delegation of authority (Section C)  Organizational structure for risk management controls to include the front, middle, and back offices (Section C)  Transacting (Section D)  Counterparty credit (Section E)  Reporting (Section F)  Permitted transaction and product types (Section G)  Conflict of interest (Section I) The ERM Policy sets forth the City’s objectives, policies and control structures for prudent energy risk management. This Policy is supported by policy/implementation- level and operations-level documents including: the Energy Risk Management Guidelines (ERM Guidelines); Energy Risk Management Procedures (ERM Procedures) for the Front, Middle, and Back Offices; and the Long-Term Electric Acquisition Plan (LEAP), Gas Utility Long-Term Plan (GULP), and the Utilities Strategic Plan. The ERM Policy does not address general CPAU business risks such as fire, accident, casualty, worker health and safety, and general liability. Neither does the Policy cover the water fund, the electric and gas distribution business units, nor the telecommunications business unit. Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 10 Packet Pg. 41 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 B. APPLICABILITY The ERM Policy applies to all City employees within business units engaged in transacting in the electric and gas markets. All employees participating in the energy procurement process must have knowledge of the ERM Policy and adhere to it during such participation. The electric and gas supply business units are part of the electric and natural gas enterprise funds and employees within these business units are responsible for the acquisition and potential sale of energy supply resources. Employees within the relevant business units are required to follow the ERM Policy regarding these topics: management, organization, authority, processes, tools and systems to monitor, measure, and control risks to which the City is exposed. Ener Ris Mana ement Polic , Guidelines, and Procedures Dia ram Energy Risk Management Policy (Highest Level) Approved by: City Council Ener Ris Mana ement Guidelines (Guidin Principles) Approved by: Utilities Risk Oversight Coordinating Council (UROCC) Energy Risk Management Procedures-(Detailed instructions on how to perform the procedures.) Front Office (approved by Utilities Director) Middle Office (approved by Administrative Services Department (ASD) Director, Back Office (approved by Utilities and ASD Directors Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 11 Packet Pg. 42 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 C. RISK MANAGEMENT ROLES, RESPONSIBILITES, AND ORGANIZATION This section defines the overall roles and responsibilities for the City’s implementation of the ERM Policy. Additionally, the ERM Guidelines and Procedures contain more specific information describing these roles and responsibilities within the energy risk management program structure at the City. 1. City Council The City Council reviews and adopts by resolution the ERM Policy as developed and recommended by the Utilities Risk Oversight and Coordinating Committee (UROCC) and delegates its implementation to the City Manager. The Council will, at a minimum, review the Policy every three years. Additionally, the City Council shall receive semi-anual updates from the City Manager regarding energy risk management activities. 2. Utilities Advisory Commission The Utilities Advisory Commission (UAC) is responsible for advising the City Council on long-range planning and policy matters relating to the electric and gas utilities. While it has no formal responsibility in energy risk management, the UAC shall receive informational copies of the semi-annual reports sent to the Council regarding energy risk management activities. 3. City Manager The City Manager has overall responsibility for executing and ensuring compliance with policy adopted by the City Council. The City Manager reports semi-annually to the City Council regarding energy risk management activities. 4. Utilities Risk Oversight and Coordinating Committee (UROCC) The UROCC is an advisory board which governs by the UROCC Roles and Purpose document. UROCC consists of city management and staff. It is comprised of the Utilities General Manager (designated as the Chairperson), the Director of Administrative Services/Chief Financial Officer, the Director of Public Works, and a representative from the City Manager’s Office. The staff City Attorney assigned to Utilities and the City Auditor serve as non-voting advisors to the UROCC. The Energy Risk Senior Management Analyst serves as the Secretary to the UROCC. The UROCC is responsible for monitoring compliance with the ERM Policy. The UROCC is also responsible for approving and implementing the ERM Guidelines consistent with the City Council- approved ERM Policy. 5. CPAU/ASD Oversight City Staff (CPAU, ASD) implements and oversees ERM Policy, the ERM Guidelines, and ERM Procedures at the operational level in the City’s Front Office, Middle Office and Back Office. Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 12 Packet Pg. 43 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 a. Utilities Resource Management Front Office – Planning and Procurement In reporting to the Utilities General Manager, the Front Office is primarily responsible for resource planning and procuring energy supplies and services. The Front Office, by delegation of the City Manager, has a critical role in risk management through its transacting operations. Front Office staff has the authority to commit the financial capital of the City to energy transactions with counterparties up to the limits designated in the ERM Guidelines. b. ASD Middle Office – Risk Management Controls and Reporting The Middle Office consists of the Energy Risk Senior Management Analyst, and he or she shall institute, supervise, and review all energy risk management activities, including portfolio exposure, credit exposure, transaction compliance, and ongoing approval of counterparties and transacting limits. In reporting to the Director of Administrative Services/Chief Financial Officer, the Middle Office provides the primary independent oversight of the energy procurement practices. c. Back Office – Settlement and Recording The Back Office is primarily responsible for settlement of bills, recording transactions, bookkeeping and accounting, and contract administration. Functions within the Back Office are performed by both the Administrative Services Department (ASD) and CPAU staff and are detailed in the ERM Guidelines. 6. NORTHERN CALIFORNIA POWER AGENCY (NCPA) NCPA balances the City of Palo Alto’s electric loads and electric supplies on a daily, hourly, and sub-hourly basis. The City is a member of the Northern California Power Agency (NCPA), which executes transactions on the City’s behalf. NCPA also undertakes transactions for durations greater than a month under the terms of the Council approved Market Purchase Program Agreement (MPP). The NCPA Commission approves its own energy risk management policies for the acquisition of energy supply resources. The City’s energy risk management staff, however, is actively involved in NCPA’s Risk Oversight Committee and meetings to monitor possible risk exposures resulting from the City’s membership in the NCPA Joint Powers Agency, even where the City is neither a project nor a program participant, to ensure that NCPA observes best practices in its energy risk management program as it relates to the City. All transactions undertaken by NCPA on behalf of Palo Alto under the MPP shall be governed by NCPA’s Risk Management Policy and Regulations, the City’s Energy Risk Management Policy and Guidelines, and the Council Resolution (#9896) approving the MPP Agreement. In the event of a conflict between the City’s and NCPA’s ERM governing documents, staff will direct NCPA to adhere to the City’s ERM Policy and Guidelines, via staff’s authorization of individual transactions under the MPP. Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 13 Packet Pg. 44 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 D. TRANSACTIONS Transactions under the Electric Master Agreements and the Gas Master Agreements (collectively, Master Agreements) must be executed as described in this section and in a manner consistent with the authority granted by the Council to the City Manager and the Palo Alto Municipal Code (PAMC). Such transactions will be carried out to manage risk inherent to the electric and gas supply portfolios without exposing the City to unnecessary risk. There are three key elements: 1. Anti-speculation Speculative buying and selling of energy products is prohibited. Speculation is defined as buying energy not needed for meeting forecasted load or selling energy that is not owned. In no event shall transactions be entered into for the purpose of speculating on market conditions. The ERM Guidelines shall prescribe volume and sales dollar amount limits for forward purchases and sales. 2. Maximum Transaction Term The maximum term of any supply resource transaction (purchase or sale) is five years, as stated in PAMC Section 2.30.210(k), unless approved by the Council. 3. Competitive Process The Front Office will endeavor to obtain three or more quotations from eligible electric and gas supply counterparties and select the best price. The ERM Guidelines outline the trade capture process. E. COUNTERPARTY CREDIT Credit exposure related to wholesale commodity transactions and potentially defaulting counterparties shall be minimized by: 1. Establishing a credit risk management governance and oversight structure within the existing ERM program; 2. Providing a framework to enable the City to qualify energy suppliers and transact with eligible counterparties; 3. Providing counterparty transacting parameters (limits) to control and measure the City’s exposure to any one supplier; 4. Implementing a mechanism to monitor and report on supply portfolio-related counterparty credit exposures; and 5. Managing counterparty credit requirements. PAMC Section 2.30.340 sets forth creditworthiness standards and certain contractual provisions applicable to contracts for wholesale utility commodities and services. As such, transactions carried out under the Master Agreements are limited to counterparties with a Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 14 Packet Pg. 45 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 Standard and Poor’s issuer rating of BBB- or better, or a Moody’s Investor Services issuer rating of Baa3 or better. Only the Council can approve exemptions to this requirement (See PAMC Section 2.30.340(d)(2)(c)). The ERM Guidelines shall set forth specific counterparty credit limits for volume, term, credit exposure, and counterparty reporting requirements. F. RISK MANAGEMENT REPORTING Reporting of critical information to relevant parties is a key component of energy risk management. Semi-Annual reports will be distributed to the UROCC, the UAC, and the Council; those reports shall provide details on the City’s forward contract purchases, market exposure, credit exposure, counterparty credit ratings, transaction compliance, and other relevant data. The Front and Middle Offices shall prepare performance reports containing an analysis of physical and financial positions. The frequency and content of performance reports for each oversight body shall be prescribed in the ERM Guidelines. Should the risks associated with the portfolio or a specific transaction within the portfolio fall outside of the risk limits prescribed in the ERM Guidelines, the Energy Risk Senior Management Analyst will quantify the risk, identify and recommend a remedy, if any, and report to the UROCC within one business day via email. The event and remedy, if any, will be reported to the Council in the next semi-annual energy risk management report. G. AUTHORIZED PRODUCTS The Council shall delegate to the City Manager the authority to transact under Council- approved Master Agreements. Products transacted under the Master Agreements (listed below) must be consistent with the needs of CPAU and fall within the authority granted by the Council to the City Manager. The following products and/or transactions are approved to be executed under the Master Agreements: 1. Purchase of physical fixed price, index-based price, call options, capped-price or collar-priced energy, gas, capacity, transportation, basis and transmission products to meet load requirements; 2. Sale of physical fixed price or index-based price energy, gas, capacity, storage, and transmission incidental to load; 3. Purchase of electric heat rate products to meet load; 4. Purchase and sale of renewable energy credits (RECs) with or without bundled energy; 5. Purchase of gas storage; 6. Purchase and sale of electric ancillary services; 7. Purchase of resource adequacy capacity products to meet the City’s resource adequacy requirement and the sale of resource adequacy capacity products to reduce cost associated with the City's resource adequacy obligation; Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 15 Packet Pg. 46 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 8. Fixed price or index-priced purchases and sales to substitute the use of higher cost resources with lower cost market alternatives; 9. Fixed price or index-priced forward purchases and sales of transmission and transmission rights to meet contractual obligations or to dispose of surplus capacity; 10. Purchase of physical call options and physical collars; 11. Purchase and sale of emission allowances from bilateral trades and from the California Air Resources Board-administered Cap and Trade Program auctions and reserve auctions to satisfy actual and/or forecasted GHG emissions compliance obligations; 12. Purchases of carbon offsets to supply voluntary programs and/or to satisfy GHG emission compliance; and 13. Sales of Low Carbon Fuel Standard (LCFS) credits. H. TRANSACTING AUTHORITY In accordance with PAMC section 2.30.210(k), the City Manager has the authority to purchase and sell wholesale energy commodities for terms of up to five years and for a price not to exceed $250,000 or more in any one year. PAMC section 2.30.270(b) governs the City Manager’s delegation of authority. Delegation of authority for and on behalf of the City Manager shall be established in the ERM Guidelines. The City Clerk maintains the list of CPAU staff authorized to engage in wholesale utility commodity transactions. I. CONFLICT OF INTEREST In accordance with Chapter 2.09 of the PAMC and applicable California law, City personnel who are involved in transacting and exercising oversight of CPAU’s supply resource acquisition, contract negotiation, risk management, and back office programs may not participate in decisions in which they have a conflict of interest. J. DODD-FRANK APPLICABILITY AND COMPLIANCE Congress adopted the Dodd-Frank Act1 in 2010, which includes a variety of federal regulations largely affecting financial institutions. Certain types of “swap” transactions are subject to disclosure, registration and reporting requirements under Dodd-Frank, depending on the details of each individual transaction and the characteristics of the transacting parties. Since Dodd-Frank’s enactment, City utility transactions have fallen below applicable Dodd-Frank compliance triggers and have meet the Act’s exemptions from the definition of “swaps”. 1 Pub. L. 111-203, 124 Stat. 1376 (2010). Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 16 Packet Pg. 47 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 GLOSSARY OF TERMS Back Office A set of positions in the Utilities and Administrative Services Departments whose responsibilities include trade confirmation, accounting, and other processes that support commodity transactions California Independent System Operator (CAISO) A non-profit public benefit corporation that oversees the operation of California's bulk electric power system, transmission lines, and market for electricity generated and transmitted by its member utilities. Call Options An option that allows the owne the right to purchase energy at the specified price Cap Price A structure product that contains a strip of multiple call option contracts with identical but staggered expirations. Carbon Offsets A reduction in emissions of greenhouse gases (GHGs) made in order to compensate for or to offset an emission made elsewhere. Credit Risk The probable change in the value of contract due to a counterparty Defaulting. Electric Ancillary Services The services (e.g., scheduling and dispatch) necessary to support the transmission of electric power from seller to purchaser given the obligations of control areas and transmitting utilities within those control areas to maintain reliable operations of the interconnected transmission system. For example, spare generating capacity that can quickly increase its energy output if the grid needs additional energy is an ancillary service. Electric Heat Rate Product A contract ase on how efficiently generato uses heat energy in fuel (i.e., natural gas) to generate electricity. Front Office A set of positions in the Utilities Department whose responsibilities include energy procurement operations. NCPA staff is permitted to undertake Palo Alto Front Office functions on the City’s behalf, as needed to conduct transactions authorized under the City’s Market Purchase Program Agreement with NCPA. Index-ase Price A price that varies base on publishe index prices. Low Carbon Fuel Standard (LCFS) Credit A product that can be bought or sold under the California Air Resource Board’s program to reduce the carbon intensity of transportation fuels. Market Risk The probable change in value of (or sensitivity to) a contract, position, or portfolio due to general changes in market conditions Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 17 Packet Pg. 48 of 566 City’s Energy Risk Management Policy Last Approved by City Council on June 10, 2024 Market Purchase Program Program establishe y NCPA whereby a membe may authorize NCPA to transact on behalf of the member Master Agreement A standardize agreement fo the purchase an sale of wholesale energy commodities Middle Office A set of positions in the Administrative Services Department whose responsibilities include energy risk management activities Physical Fixed Price A contract for a fixed price which settles when one counterparty delivers the commodity to another counterparty and pays a cash settlement Resource Adequacy (RA) A regulatory construct developed to ensure that there will be sufficient resources available to serve electric demand under all but the most extreme conditions Resource Adequacy Qualifying Capacity Products from a generation unit located in the CAISO control area that meet RA requirements Risk Management The set of skills and processes for measuring, controlling, and hedging risk. Supply Portfolio The composition an amount of all purchase energy Transmission Product The sale o purchase of a non-energy asset to transport energy Item 6 Attachment B - Energy Risk Management Policy Item 6: Staff Report Pg. 18 Packet Pg. 49 of 566 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: December 16, 2024 Report #:2411-3772 TITLE Adoption of Resolutions Authorizing an Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Local Advanced Water Purification System Project (WQ-19003); CEQA Status - Addendum to the 2015 Environmental Impact Report for the Palo Alto Recycled Water Project (SCH 2011062037) RECOMMENDATION Staff recommends that City Council: 1. Adopt the final closing resolution authorizing an Installment Sale Agreement with the California State Water Resources Control Board in connection with the financing of the design and construction of the Local Advanced Water Purification System Project (WQ- 19003); and 2. Adopt a revised resolution amending the anticipated maximum amount of Local Advanced Water Purification System project expenditures to be reimbursed by proceeds from the Clean Water State Revolving Fund. EXECUTIVE SUMMARY Staff recommends Council adopt the proposed resolutions to finalize financing from the Clean Water State Revolving Fund for the Local Advanced Water Purification System project. The Local Advanced Water Purification System will improve the recycled water quality by reducing the total average concentration of salts from 800 ppm to 450 ± 50 ppm by blending reverse osmosis product water with the existing recycled water. After approving a design contract, City Council approved a Financing Plan for the Project and directed staff to secure financing and to solicit bids for a construction contract and a construction management services contract. Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 1 Packet Pg. 50 of 566 BACKGROUND The Regional Water Quality Control Plant (RWQCP) treats wastewater from a total of six communities (Partner Agencies) and also produces approximately 230 million gallons per year of tertiary-treated recycled water for beneficial reuse. On January 25, 2010, City Council approved the Recycled Water Salinity Reduction Policy, including a goal of reducing the recycled water salinity as measured by total dissolved solids (TDS) to under 600 parts per million (ppm).1 In the following years, the City and the other Partner Agencies completed several projects to reduce the infiltration. The repairs reduced the salts entering the RWQCP, but not by enough to reach the target. In 2017, City Council approved the Preliminary Conceptual Design Report for a phased Local Salt Removal Facility (Local Advanced Water Purification System or Local AWPS).2 The Local AWPS will improve the recycled water quality by reducing its average concentration of TDS from 800 ppm to 450 ± 50 ppm by blending reverse osmosis product water with the existing recycled water. The highly treated water will enable the City as well as Mountain View to expand non- potable recycled water use and/or provide a first step toward small-scale direct or indirect potable reuse in the City. In December 2019, the City, Mountain View, and the Santa Clara Valley Water District (Valley Water) signed an Agreement to Advance Resilient Water Reuse Programs in Santa Clara County.3 The Agreement included funding of $16 million from Valley Water that could be put towards finalizing the design and construction of the Local AWPS and in March 2021, the City hired Black & Veatch for the design.4 In October 2023, City Council approved a Financing Plan for the Project and directed staff to secure financing and to solicit bids for a construction contract and a construction management services contract.5 Under the Financing Plan, the City of Mountain View will cover the remaining capital cost aside from federal and local funding. 1 City Council, January 25, 2010; Agenda Item #9, SR #111:10, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=72156 2 City Council, May 16, 2016; Agenda Item #6, SR #6458, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=78649 3 City Council, November 18, 2019; Agenda Item #17, SR #10627, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2019/id-10627-mini-packet-11182019.pdf?t=60382.02 4 City Council, March 3, 2021; Agenda Item #3, SR #11782, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=2229 5 City Council, October 16, 2023; Agenda Item #10, SR#2308-1863, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82521 Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 2 Packet Pg. 51 of 566 In May 2024, City Council approved an application for a Site and Design Review and Design Enhancement Exception to allow construction of this Project following the recommendations of the Planning and Transportation Commission (PTC) and the Architectural Review Board (ARB).6 An Invitations for Bids for the Local AWPS was published in November 2024. The State Water Resources Control Board (SWRCB) Division of Financial Assistance administers the Clean Water State Revolving Fund (SRF) program. The SRF program provides low interest financing to agencies for water and wastewater projects. Under this program, eligible projects can apply for loans with interest rates that are approximately half of the State General Obligation rate, resulting in lower project costs and maximizing benefits to ratepayers and partner agencies. The City has previously obtained SRF loans for the following projects: •Palo Alto/Mountain View Recycled Water Pipeline project ($9.0 million, 20-year term, Agreement 07-814-550); •Ultraviolet Disinfection Facility ($8.5 million, 20-year term, Agreement 09-814-550); •Sludge Dewatering and Truck Loadout Facility ($25.7 million, 30-year term, Agreement D16-01034); •Primary Sedimentation Tanks Rehabilitation and Equipment Room Electrical Upgrade Project ($19.4 million, 30-year term, Agreement D20-01009); and •Secondary Treatment Upgrades Project ($193 million, 30-year term, Agreement D2101050) On November 18, 2019, Council approved the adoption of two resolutions to obtain SRF financing for the Local AWPS7: •Resolution 9867 authorizing the City Manager or designee to execute and submit a SRF financial assistance application to the SWRCB on behalf of the RWQCP for the planning, design, and construction of the Local AWPS project, and execute SRF financial assistance agreements and any amendments with the SWRCB.8 •Resolution 9868 designating the amount of the Local AWPS project expenditures to be reimbursed by proceeds from SRF.9 6 City Council, May 13, 2024; Agenda Item #11, SR#2404-2760 https://recordsportal.paloalto.gov/ElectronicFile.aspx?docid=6459&repo=PaloAlto&pdfView=true#page=153 7 City Council, November 18, 2019; Agenda Item 9, SR#10734 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2019/id-10734-resolutions-for-awps-1-mgd-funding.pdf?t=66756.55 8 City Council Resolution 9867, 2019; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=54115 9 City Council Resolution 9868, 2019; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=54116 Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 3 Packet Pg. 52 of 566 ANALYSIS Closing Resolution for Installment Sale Agreement The SWRCB completed their review of the City’s loan application for the Local AWPS, and in conjunction with the City Attorney’s Office, prepared the loan document, or Installment Sale Agreement (ISA).10 As authorized under Resolution 9867, the Manager of the RWQCP has signed the ISA on behalf of the City. For the ISA to be executed by the SWRCB, a closing resolution (Attachment A) is required. Execution of the ISA does not obligate the City to borrow funds. The ISA currently provides funding in an amount not to exceed $56,279,960, pending the City’s approval of the construction contract, as well as both parties’ approval and execution of the ISA. This amount is based on the Engineer’s 90% construction estimate (October 2022). The estimated capital cost is $66.8 million based on the project’s revised 100% design (July 2024). The ISA project funding amount may be amended to reflect a higher funding amount following submission of a final budget approval package. The SRF loan interest rate has been locked at 1.7% for a 30-year term. The SRF loan will cover construction, construction contingency, planning, design, capital program administration, and construction management costs. Staff will return to Council with an Amendment to the existing Recycled Water Agreement between Palo Alto and Mountain View with these payment terms. Resolution Amending the Anticipated Maximum Loan Amount Existing Resolution No. 9868 authorized reimbursement of funding with a maximum principal amount of $22 million based on the 2017 preliminary design cost estimate. As reviewed with Council on October 16, 2023, due to increases in construction prices as well as refinement of design elements, the cost estimate of the Local AWPS following the detailed design is significantly higher, and the 100% design project cost estimate is $66.8 million.11 A revised reimbursement resolution is required to align the intended principal amount with the updated 100% cost estimate (Attachment B). Statutory Disclosures Government Code Section 5852.1 requires that certain cost information be disclosed prior to authorizing the issuance of a bond. That statute defines the term “bond” broadly enough so as to likely include the SRF loan financing agreements. The required disclosures are included as Attachment C. 10 California State Water Resources Control Board Construction Installment Sale Agreement for AWPS Project, 2024; https://www.cityofpaloalto.org/files/assets/public/v/2/public-works/rwqcp/california-water-board-state- revolving-fund-agreement-awps.pdf 11 City Council, October 16, 2023; Agenda Item #10, SR#2308-1863, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82521 Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 4 Packet Pg. 53 of 566 FISCAL/RESOURCE IMPACT Funding for the Local AWPS will be provided through contributions from the City of Mountain View, Valley Water, and U.S. Bureau of Reclamation (USBR) as well as the SRF loan.12,13 Table #1: Summary of Available External Funding (based on 100% design contract documents) Item/Funding Source Amount Valley Water Funding1 $17,000,000 US Bureau of Reclamation Grant $12,867,875 Remaining Capital Cost to be Paid by Mountain View (partially covered by SRF Loan)$37,000,000 TOTAL $66,867,875 1.Valley Water Funding original amount was $16,000,000; with annual interest accrued, the amount is estimated at $17,000,000 as of January 2024. An amendment to the Contract No. C059999 between the City of Palo Alto and the City of Mountain View (Recycled Water Agreement) is being prepared to address, among other things, the responsibility for the costs of implementing the Local AWPS. The current proposal is for repayment of the SRF loan to be allocated to Mountain View. Staff will return to Council at a future date for approval of the amendment to the Recycled Water Agreement. This amendment will include the project’s capital cost contributions from Mountain View including cash contributions to minimize cashflow issues, adoption of recycled water production costs, and staffing costs to administer the program. If the amendment to the Recycled Water Agreement is not approved, the City will not execute a construction contract for the Local AWPS nor request disbursements from the SRF loan. Once bids are received and evaluated in February 2025, if the price is higher than anticipated, staff will discuss with the City of Mountain View staff and seek approval from the Mountain View City Council to receive the remaining funds prior to bringing a construction contract for City Council’s approval. STAKEHOLDER ENGAGEMENT In addition to the study sessions and regular meetings with City Council noted above, staff held predesign and design workshops with project partners (Mountain View and Valley Water) to obtain stakeholder feedback throughout the process. In parallel, staff has provided updates on the project through Joint Recycled Water Meetings with Palo Alto Council Members, Mountain View Council Members, and Valley Water Board Members. The staff report for the May 13, 2024, Council meeting describes the full stakeholder engagement process.14 12 City Council, November 18, 2019; Agenda Item #17, SR #10627, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2019/id-10627-mini-packet-11182019.pdf?t=60382.02 13 City Council, April 4, 2022; Agenda Item #11, SR#14090, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81811 14 City Council, May 13, 2024; Agenda Item #11, SR#2404-2760 https://recordsportal.paloalto.gov/ElectronicFile.aspx?docid=6459&repo=PaloAlto&pdfView=true#page=153 Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 5 Packet Pg. 54 of 566 ENVIRONMENTAL REVIEW 15, 16 A Notice of Determination for the City of Palo Alto Recycled Water Project was filed on October 1, 2015. The Local AWPS was identified as a potential mitigation measure in the previously adopted EIR. 17 ATTACHMENTS APPROVED BY: 15 City Council Resolution 9548; 2015; https://www.cityofpaloalto.org/files/assets/public/v/1/city- clerk/resolutions/reso-9548.pdf 16 City Council Resolution 9549; 2015; https://www.cityofpaloalto.org/files/assets/public/v/1/city- clerk/resolutions/reso-9549.pdf 17 City Council, November 18, 2019; Agenda Item #17, SR #10627, Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 6 Packet Pg. 55 of 566 1 202011001 DRAFT Resolution No. Resolution of the Council of the City of Palo Alto Authorizing an Installment Sale Agreement with the California State Water Resources Control Board in Connection with the Financing of an Advanced Water Purification System (AWPS) Project at the Regional Water Quality Control Plant, Establishing One or More Pledged Sources of Revenue for Repayment of Funding, and Taking Certain Other Actions Relating Thereto R E C I T A L S A. The City of Palo Alto (the “City”) wishes to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including certain treatment facilities, pipelines and other infrastructure at the Regional Water Quality Control Plant (the “Project”). B. The City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (the “State Water Board”). C. The City previously adopted Resolution No. 9630 authorizing an application for financial assistance to the State Water Board and Resolution No. 9868 as amended by Resolution No. XXXX declaring its intention to use a portion of the Project Funds to reimburse certain capital expenditures made prior to the receipt of Project Funds from available moneys of the City in connection with the Project. D. The City and the State Water Board now desire to approve a Construction Installment Sale Agreement (the “2024 Installment Sale Agreement”), for the purpose of providing the terms relating to the distribution and repayment by the City of the Project Funds and relating to the City’s payment of certain installment payments. E. Section 603(d)(1)(C) of the Federal Clean Water Act Amendments require each financing recipient to establish one or more pledged sources of revenue for Clean Water State Revolving Fund (CWSRF) financial assistance. F. Under the 2024 Installment Sale Agreement, the installment payments payable by the City will be secured by a pledge of and payable from Net Revenues (as defined in the 2024 Installment Sale Agreement) of the City’s Wastewater Treatment enterprise and Wastewater Collection enterprise, on a parity basis with the City’s obligation to pay installment payments under five outstanding agreements with the State Water Board: i. an Installment Sale Agreement No. D2101050 (the “2022 Agreement”), by and Item 7 Attachment A - Authorizing Resolution (Closing Resolution) Item 7: Staff Report Pg. 7 Packet Pg. 56 of 566 2 202011001 between the City and the State Water Board, executed by the City on April 29, 2022 and the State Water Board on May 9, 2022, along with an amendment of the 2022 Agreement executed by the City on August 16, 2024 and the State Water Board on August 26, 2024; ii. an Installment Sale Agreement No. SWRCB0000000000D2001009 (the “2021 Agreement”), by and between the City and the State Water Board, executed by the City on June 2, 2021 and the State Water Board on July 12, 2021, along with amendments of the 2021 Agreement executed on November 8, 2022 and June 10, 2024 ; iii. an Installment Sale Agreement No. D16-01034, dated as of March 20, 2017 (the “2017 Agreement”), by and between the City and the State Water Board, along with an amendment of the 2017 Agreement executed by the City on September 7, 2017 and the State Water Board on September 13, 2017; iv. a Project Finance Agreement No. 09-814-550, by and between the City and the State Water Board (the “2009 Agreement”), along with an amendment of the 2009 Agreement executed by the City on April 17, 2017 and the State Water Board on June 12, 2017; and v. a Project Finance Agreement No. 07-814,550-0, between the City and the State Water Board (the “2007 Agreement”), along with an amendment of the 2007 Agreement executed by the City on April 17, 2017 and the State Water Board on June 12, 2017. NOW, THEREFORE, the Council of the City of Palo Alto hereby RESOLVES as follows: SECTION 1. Each of the above recitals is true and correct and is adopted by the Council of the City of Palo Alto. SECTION 2. The City approves the Project Funds in an amount not to exceed $67 million at an interest rate of 1.7% . SECTION 3. The 2024 Installment Sale Agreement, a copy of which is attached as Exhibit A, is hereby approved in substantially the form thereof with such changes as may be approved by the City Manager, the Director of Public Works or any designee of the City Manager or the Director of Public Works (each an “Authorized Officer”). Execution by an Authorized Officer of the 2024 Installment Sale Agreement shall constitute conclusive evidence of such Authorized Officer’s approval of all such changes. Each of the Authorized Officers is hereby authorized, together or alone, to execute and deliver the 2024 Installment Sale Agreement. The City Clerk is hereby authorized to attest to the Authorized Officer's signature. Item 7 Attachment A - Authorizing Resolution (Closing Resolution) Item 7: Staff Report Pg. 8 Packet Pg. 57 of 566 3 202011001 SECTION 4. The covenants set forth in the 2024 Installment Sale Agreement to be executed in accordance with Section 3 above are hereby approved, shall be deemed to be covenants of the legislative body of the City, and shall be complied with by the City and its officers. SECTION 5. The City hereby pledges Net Revenues (as defined in the 2024 Installment Sale Agreement) of its Wastewater Treatment enterprise and Wastewater Collection enterprise fund to the payment of amounts owed under the 2024 Installment Sale Agreement on a parity basis with the City’s obligation to pay installment payments under five outstanding agreements with the State Water Board as set forth in Recital F above. The pledged source of revenue shall remain in effect until such financing is fully discharged unless modification or change of such dedication is approved in writing by the State Water Board. SECTION 6. Each Authorized Officer and the other officers and staff of the City responsible for the fiscal affairs of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents and certificates as are necessary to accomplish and to consummate the transactions contemplated by the 2024 Installment Sale Agreement. SECTION 7. On September 21, 2015, the City approved an Environmental Impact Report pursuant to the provision of the California Environmental Quality Act (CEQA) and on September 29, 2015 filed a notice of determination that construction of the AWPS will not have a significant effect on the environment. Item 7 Attachment A - Authorizing Resolution (Closing Resolution) Item 7: Staff Report Pg. 9 Packet Pg. 58 of 566 4 202011001 INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: Assistant City Attorney City Manager Director of Public Works Director of Administrative Services Item 7 Attachment A - Authorizing Resolution (Closing Resolution) Item 7: Staff Report Pg. 10 Packet Pg. 59 of 566 Resolution No. Resolution of the Council of the City of Palo Alto Authorizing the Reimbursement of Funding for the Advanced Water Purification System (AWPS) 1 MGD Project from the State Water Resource Control Board R E C I T A L S A. The City of Palo Alto (the “City”) desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including certain treatment facilities, pipelines and other infrastructure (the "Project"); and B. The City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and C. The State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and D. Prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the City desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the City; and E. The City has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary for the State Water Board to reimburse the City for the Expenditures from the proceeds of the Obligations. F. On November 18, 2019, the City Council adopted Resolution No. 9868 authorizing reimbursement of funding for the AWPS 1 MGD Project with a reasonably expected maximum principal amount of $22 million. G. The estimated capital cost for the AWPS 1 MGD Project is $66.8 million based on the project’s revised 100% design. H. The City now wishes to amend Resolution No. 9868 and adopt this Resolution increasing the reasonably expected maximum principal amount to $66.8 million. Item 7 Attachment B - Amended Reimbursement Resolution Item 7: Staff Report Pg. 11 Packet Pg. 60 of 566 NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The City hereby amends Resolution NO. 9868 to increase the reasonably expected maximum principal amount of the Project Funds to $66.8 million. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the City will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each City expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, the City is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the City in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this City so finds, determines and represents. SECTION 8. The Council finds that its authorization of funding reimbursement does not constitute a project requiring review under the California Environmental Quality Act (CEQA) or CEQA Guidelines. This action does not meet the definition of a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment. INTRODUCED AND PASSED: AYES: NOES: ABSENT: Item 7 Attachment B - Amended Reimbursement Resolution Item 7: Staff Report Pg. 12 Packet Pg. 61 of 566 ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Deputy City Attorney City Manager Director of Public Works Item 7 Attachment B - Amended Reimbursement Resolution Item 7: Staff Report Pg. 13 Packet Pg. 62 of 566 ATTACHMENT C 1. True Interest Cost of the 2024 Installment Sale Agreement: 1.7% 2. Finance charge of the 2024 Installment Sale Agreement, being the sum of all fees and charges paid to third parties: $0 3. Amount of Project Funds expected to be received by the City under the 2024 Installment Sale Agreement, net of proceeds for finance charges in (2) above and net of capitalized interest (if any) and reserves (if any) paid or funded with the Project Funds: $56,279,960. 4. Total payment amount for the Project Funds under the 2024 Installment Sale Agreement, being the sum of (a) installment payments to final maturity ($72,312,876), plus (b) any financing costs not paid from proceeds of the Project Funds ($0): $72,312,876. Item 7 Attachment C - Disclosure SRF Loan Item 7: Staff Report Pg. 14 Packet Pg. 63 of 566 5 6 5 9 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: December 16, 2024 Report #:2410-3584 TITLE Community Development Block Grant 2025-2030 Consolidated Plan and Authorize Execution of Revenue Agreement with the County of Santa Clara for Annual Action Plan FY 2025-2026 RECOMMENDATION Staff recommends that City Council authorize execution of the Revenue Agreement between the County of Santa Clara and the City of Palo Alto by the City Manager. BACKGROUND The U.S. Department of Housing and Urban Development (HUD) requires communities that receive funding through the Community Development Block Grant (CDBG) program to prepare a Consolidated Plan. The goal of the Consolidated Plan is to help communities assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. The Consolidated Plan is then implemented through the projects, activities, and programs identified for funding in each of the City’s CDBG Annual Action Plans prepared over the lifespan of the Consolidated Plan. City Council generally reviews and approves Palo Alto’s Annual Action Plan in May or June, depending on when the City receives its funding allocation from HUD. The County’s Consolidated Plan schedule suggests local jurisdictions hold public meetings to review their draft Consolidated Plans in or after March 2025. The County of Santa Clara has contracted with Root Policy, to prepare the CDBG 2025-2030 Consolidated Plans and FY 2025-2026 Annual Action Plans for the Cities of Cupertino, Gilroy, Milpitas, Mountain View, Palo Alto, Santa Clara, and Sunnyvale as well as the Santa Clara Urban County. The County has asked Palo Alto to contribute a fair share towards this consultant cost. The City of Palo Alto and all other HUD CDBG entitlement jurisdictions can spend a maximum of twenty percent (20%) of their annual HUD allocations on Planning & Administrative Services; there is not enough funding in City’s CDBG Planning & Administrative Services budget in any year to cover the cost of Consolidated Plan preparation, which occurs every five (5) years. Item 8 Item 8 Staff Report Item 8: Staff Report Pg. 1 Packet Pg. 64 of 566 5 6 5 9 Consequently, funding for this required Consolidated Plan preparation process is necessary from the General Fund. ANALYSIS FISCAL/RESOURCE IMPACT Item 8 Item 8 Staff Report Item 8: Staff Report Pg. 2 Packet Pg. 65 of 566 5 6 5 9 STAKEHOLDER ENGAGEMENT 1 ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: 1 Please visit https://www.letstalkhousingscc.org/con-plan. Item 8 Item 8 Staff Report Item 8: Staff Report Pg. 3 Packet Pg. 66 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS A. Scope of Service Root Policy ResearchϠϙIĲèϟϙϼЊĺĲťŘÍèťĺŘЋϽϙŜēÍīīϙŕôŘċĺŘıϙÍīīϙťÍŜħŜϙĖîôĲťĖƱôîϙĺĲϙÍæīôϙ͐ϙċĺŘ the Cities of Cupertino, Gilroy, Milpitas, Mountain View, Palo Alto, Santa Clara, Sunnyvale, and the Santa īÍŘÍϙŘæÍĲϙĺŪĲťƅϠϙſēĖèēϙĖŜϙèĺıŕĺŜôîϙĺċϙťēôϙĖťĖôŜϙĺċϙÍıŕæôīīϠϙ[ĺŜϙīťĺŜϠϙ[ĺŜϙīťĺŜ FĖīīŜϠϙ[ĺŜϙ Gatos, Monte Sereno, Morgan Hill, Saratoga, and the Unincorporated Area (collectively, “Participating Jurisdictions,” and each a “Participating Jurisdiction”). Table 1 task deliverables related to the 2025-2030 Consolidated Plan (“Consolidated Plan”) and Year-1 Action Plan are described in the sections below. ĺĲťŘÍèťĺŘϙŜēÍīīϙŕôŘċĺŘıϙÍīīϙťÍŜħŜϙŕŪŘŜŪÍĲťϙťĺϙťēôϙťĖıôϙċŘÍıôϼŜϽϙŜŕôèĖƱôîϙĖĲϙťēôϙЊ"ôīĖŽôŘÍæīôŜϠ aĖīôŜťĺĲôŜϙÍĲîϙĖıôīĖĲôϙċĺŘϙôŘċĺŘıÍĲèôЋϙŜôèťĖĺĲϟϙIĲϙŕôŘċĺŘıĖĲČϙÍīīϙťÍŜħŜϠϙĺĲťŘÍèťĺŘϙŜēÍīī èĺīīÍæĺŘÍťôϙſĖťēϙťēôϙÍŘťĖèĖŕÍťĖĲČ Jurisdictions, and the Participating Jurisdictions’ ŜŪæ-committee (“Working Group” made up of at least one individual from each Participating Jurisdiction). Contractor ŜēÍīīϙôĲèĺŪŘÍČôϙŘĺæŪŜťϙèĺııŪĲĖťƅϙôĲČÍČôıôĲťϠϙôŜťÍæīĖŜēϙÍϙŪĲĖƱôîϙŽĖŜĖĺĲϙċĺŘϙŘôČĖĺĲÍīϙ activities, and ensure that the Consolidated Plan complements and is consistent with the Housing (īôıôĲťϙſĺŘħϙîĺĲôϙæƅϙôÍèēϙĺċϙťēôϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜ. Contractor shall ensure that the ĺĲŜĺīĖîÍťôîϙīÍĲϙèĺıŕīĖôŜϙſĖťēϙĲĖťôîϙťÍťôŜϙ"ôŕÍŘťıôĲťϙĺċϙFĺŪŜĖĲČϙÍĲî ŘæÍĲϙ"ôŽôīĺŕıôĲťϙ ϼЊF"ЋϽϙrequirements. Task 1 – Project Initiation, Community Engagement, and Project Coordination ĺĲťŘÍèťĺŘϙŜēÍīīϙŕÍŘťĖèĖŕÍťôϙĖĲϙŕŘĺĤôèťϙĖĲĖťĖÍťĖĺĲϯħĖèħĺƯϙıôôťĖĲČŜϙťĺϙĖĲťŘĺîŪèôϙÍĲîϙĖîôĲťĖċƅ ıôıæôŘŜϙĺċϙĺĲťŘÍèťĺŘЍŜϙťôÍıϙſĖťēϙſēĺıϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙſĖīīϙſĺŘħϙťēŘĺŪČēĺŪťϙťēô ĺĲŜĺīĖîÍťôîϙīÍĲϙŕŘĺèôŜŜϟϙēŘĺŪČēϙŕŘĺĤôèťϙĖĲĖťĖÍťĖĺĲϯħĖèħĺƯϠϙĺĲťŘÍèťĺŘϙŜēÍīīϙŘôŽĖôſϙťēô contract, work plan, and timeline; discuss the process for community engagement activities; and ŘôŽĖôſϙēĺſϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙſĖīīϙèĺĲťŘĖæŪťôϙťĺϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϟ "ŪŘĖĲČϙťēôϙŕŘĺĤôèťϙĖĲĖťĖÍťĖĺĲϙŕēÍŜôϠϙĺĲťŘÍèťĺŘϙŜēÍīīϙÍīŜĺϙîôŽôīĺŕϙÍϙèĺııŪĲĖťƅϙĺŪťŘôÍèēϙÍĲî engagement strategy to encourage citizen and community participation and consultation ťēŘĺŪČēĺŪťϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙÍĲîϙŜŪæıĖťϙťēĖŜϙŜťŘÍťôČƅϙťĺϙťēôϙ®ĺŘħĖĲČϙ@ŘĺŪŕϙċĺŘϙÍŕŕŘĺŽÍī at least two weeks prior to holding community forums. Contractor’s community outreach and engagement strategy shall include planning and conducting community meetings, incorporating ŜĺèĖÍīϙıôîĖÍϙťĺϙċÍèĖīĖťÍťôϙıôôťĖĲČϙĲĺťĖƱèÍťĖĺĲŜϠϙŕŘĺŽĖîĖĲČϙıÍŘħôťĖĲČϙƲƅôŘϙċĺŘϙŜĺèĖÍīϙıôîĖÍϙŜĖťôŜϠ ÍĲîϙîĖŜťŘĖæŪťĖĲČϙÍīīϙĲôèôŜŜÍŘƅϙıôôťĖĲČϙıÍťôŘĖÍīŜϟϙĺĲťŘÍèťĺŘЍŜϙèĺııŪĲĖťƅϙĺŪťŘôÍèēϙÍĲî ôĲČÍČôıôĲťϙŜťŘÍťôČƅϙŜēÍīīϙĖĲèīŪîôϙĖĲϙŕôŘŜĺĲϙıôôťĖĲČŜϙÍĲîϙŜĺèĖÍīϙıôîĖÍϙÍĲîϙæŪĖīîϙĺĲϙÍŘťĖèĖŕÍťĖĲČ VŪŘĖŜîĖèťĖĺĲŜЍϙĖťĖƏôĲϯĺııŪĲĖťƅϙÍŘťĖèĖŕÍťĖĺĲϙīÍĲŜϙťĺϙôĲèĺŪŘÍČôϙŘĺæŪŜťϙèĺııŪĲĖťƅ ŕÍŘťĖèĖŕÍťĖĺĲϟϙĺĲťŘÍèťĺŘЍŜϙèĺııŪĲĖťƅϙôĲČÍČôıôĲťϙôŽôĲťŜϙŜēÍīīϙæôϙŕīÍĲĲôîϙŜĺϙťēÍťϙťēôƅϙÍŘô ÍèèôŜŜĖæīôϙťĺϙîĖŜÍæīôîϙŕôŘŜĺĲŜϙÍĲîϙÍèèĺııĺîÍťôϙÍîîĖťĖĺĲÍīϙťĖıôϙċĺŘϙ[ĖıĖťôîϙ(ĲČīĖŜēϙŕŘĺƱèĖôĲť persons. Contractor shall plan and facilitate the following outreach and community engagement activities for Participating Jurisdictions, which shalīϙæôϙŜŕôèĖƱôîϙĖĲϙťēôĖŘϙèĺııŪĲĖťƅϙĺŪťŘôÍèēϙÍĲî ôĲČÍČôıôĲťϙŜťŘÍťôČƅϙÍĲîϙÍŕŕŘĺŽôîϙæƅϙťēôϙ®ĺŘħĖĲČϙ@ŘĺŪŕϠϙťĺϙĺæťÍĖĲϙĖĲŕŪťϙċŘĺıϙÍϙèŘĺŜŜ-section of the community: A. Stakeholder Consultation Meetings and Focus Groups. ĖƄϙϼ͕ϽϙťĺϙťôĲϙϼ͐͏ϽϙŕŪæīĖèϙ outreach meetings that ÍŘôϙĺŕôĲϙťĺϙÍīīϙèĺııŪĲĖťƅϙŜťÍħôēĺīîôŘŜϟϙēôŜôϙıôôťĖĲČŜϙŜēÍīīϙ consist of approximately ͑͏ϙŪĲĖŗŪôϙŜťÍħôēĺīîôŘŜϙŕôŘϙıôôťĖĲČϟϙēôϙÍŘťĖèĖŕÍťĖĲČϙ Jurisdictions may decide to hold location-æÍŜôîϙıôôťĖĲČŜϠϙĺŘϙÍīťôŘĲÍťôīƅϠϙťĺϙēĺīîϙıôôťĖĲČŜϙ æÍŜôîϙĺĲ ŜŕôèĖƱèϙŜôŘŽĖèôϙĲôôîŜϟ Stakeholder may include: community-æÍŜôîϙ Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 4 Packet Pg. 67 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS organizations, social service agencies, faith-æÍŜôî organizations, local fair housing ĺŘČÍĲĖƏÍťĖĺĲŜϠϙôıŕīĺƅıôĲťϙÍČôĲèĖôŜϠϙĤĺæ-training organizations, youth and senior ĺŘČÍĲĖƏÍťĖĺĲŜϠϙ"ϙÍîŽĺèÍèƅϙČŘĺŪŕŜϠϙîĺıôŜťĖèϙŽĖĺīôĲèô shelters and service ĺŘČÍĲĖƏÍťĖĺĲŜϠϙI"SϯFI«ϙēôÍīťēϙŕŘĺŽĖîôŘŜϠϙŕŪæīĖèϯŕŘĖŽÍťôϙēĺŪŜĖĲČ ŕŘĺŽĖîôŘŜϠϙÍƯĺŘîÍæīôϙ ēĺŪŜĖĲČϙÍîŽĺèÍťôŜϠϙÍƯĺŘîÍæīôϙēĺŪŜĖĲČϙîôŽôīĺŕôŘŜϠϙŘôÍīϙôŜťÍťô agents, Santa Clara County Housing Authority Resident Advisory Boards, homeless ÍîŽĺèÍťôŜϠϙŜèēĺĺīϙîĖŜťŘĖèťŜϠϙīÍæĺŘϙ unionsϠϙaϯ@ϠϙīĺèÍīϙÍĲîϙŘôČĖĺĲÍīϙťŘÍĲŜĖťϙÍČôĲèĖôŜϠ tenant organizations, landlord organizations, philanthropic organizations, and local community development and æŪĖīîĖĲČϯŕŪæīĖèϙſĺŘħŜϙîôŕÍŘťıôĲťŜϟ Contractor will develop a Stakeholder Survey to gather maximized data from these meetings. B. Regional Community Engagement Virtual Public Workshopsϟϙwo (2) community engagement ŕŪæīĖèϙıôôťĖĲČŜϙťēÍťϙÍŘôϙŘôČĖĺĲÍīϙŕŪæīĖèϙċĺŘŪıŜϙťēÍťϙŜēÍīīϙæôϙēôīîϙonline. ēôŜôϙıôôťĖĲČŜϙŜēÍīīϙĖĲèīŪîôϙÍϙdrop-in format with interactive engagement æŘôÍħĺŪťϙ rooms ťēÍťϙèŘôÍťôϙĺŕŕĺŘťŪĲĖťĖôŜϙċĺŘϙèĺııŪĲĖťƅϙıôıæôŘŜϙťĺϙŜēÍŘôϙŕôŘŜĺĲÍīϙŜťĺŘĖôŜϢϙ ŜŪČČôŜťϙĖîôÍŜϙċĺŘϙŜťŘôĲČťēôĲĖĲČϙĲôĖČēæĺŘēĺĺîŜϙÍĲîϙŕŘĖĺŘĖťĖƏôϙèĺııŪĲĖťƅϙĲôôîŜϢϙÍĲîϙ review Consolidated Plan data and maps. Meetings will have access in three languages, (ĲČīĖŜēϙÍĲîϙŕÍĲĖŜēϠϙŕīŪŜϙÍĲϙÍîîĖťĖĺĲÍīϙīÍĲČŪÍČôϙèēĺŜôĲϙæƅϙŕÍŘťĖèĖŕÍťĖĲČϙĤŪŘĖŜîĖèťĖĺĲŜϟϙ C. Pop-up Events or Community Focused Meetings. Four (4) to six (6) èĺııŪĲĖťƅϙıôıæôŘϙ engagement eventsϠϙîôèĖîôîϙĺĲϙæƅϙťēôϙjurisdictions, located at farmer’s markets, free community fairs, regular community meetings, or other community activities with ŜĖČĲĖƱèÍĲťϙċĺĺťϙťŘÍƯĖèϙîôŜĖČĲôîϙťĺϙĺƯôŘϙĺŕŕĺŘťŪĲĖťĖôŜϙċĺŘϙŕôĺŕīôϙťĺϙƱīī-out the resident ŜŪŘŽôƅϠϙŜēÍŘôϙēĺŪŜĖĲČϙŜťĺŘĖôŜϠϙŘôŜŕĺĲîϙťĺϙıÍŕŜϙÍĲîϙîÍťÍϠϙÍĲîϯĺŘϙîĖŜèŪŜŜϙĲôĖČēæĺŘēĺĺîϙ housing issues. Participating Jurisdictions may opt for a pop-up event or if a Participating Jurisdiction conducts their own pop-up events Contractor shall email an electronic version of the focus group materials (e.g., maps, discussion guide, and survey) to Working Group for copying and displaying at events. Jurisdictions currently requesting “pop-up” events are the County of Santa Clara, Gilroy, Mountain View, and Sunnyvale. D. Community Engagement Survey. "ôŽôīĺŕϙÍĲîϙÍîıĖĲĖŜťôŘϙÍĲϙĺĲīĖĲôϙŜŪŘŽôƅϙÍĲîϙŕÍŕôŘϙ survey in English and professionally translated into two (2ϽϙĺťēôŘϙīÍĲČŪÍČôŜϙťĺϙæôϙŜôīôèťôîϙ æƅϙťēôϙ®ĺŘħĖĲČϙ@ŘĺŪŕϙťĺϙĖîôĲťĖċƅϙÍĲîϙŕŘĖĺŘĖťĖƏôϙŘôČĖĺĲÍīϙĲôôîŜϟϙĺĲťŘÍèťĺŘϙŜēÍīīϙēôīŕϙČŪĖîôϙ ÍĲîϙîĖŘôèťϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙĖĲϙıÍħĖĲČϙÍĲϙôƯĺŘťϙťĺϙŘôÍèēϙťēôϙťÍŘČôťϙŕĺŕŪīÍťĖĺĲŜϠϙ such as ŕôŘŜĺĲŜϙſĖťēϙîĖŜÍæĖīĖťĖôŜϠϙŜôĲĖĺŘŜϠϙŘÍèĖÍīϙÍĲîϙôťēĲĖèϙıĖĲĺŘĖťĖôŜϠ people experiencing homelessness, and other targeted populations. Contractor shall create and provide community engagement marketing materials and work with Participating VŪŘĖŜîĖèťĖĺĲŜϙťĺϙēÍŽôϙıÍťôŘĖÍīŜϙŕĺŜťôîϙĺĲϙťēôĖŘϙſôæŜĖťôŜϠϙŜĺèĖÍīϙıôîĖÍϠϙÍĲîϙŘôīôŽÍĲťϙôıÍĖīϙ îĖŜťŘĖæŪťĖĺĲϙīĖŜťŜϟϙϙīĖıĖťôîϙĲŪıæôŘϙĺċϙŕÍŕôŘϙŜŪŘŽôƅŜϙŜēÍīīϙæôϙîĖŜťŘĖæŪťôîϙťēŘĺŪČēϙÍîŽĺèÍèƅϙ networks and to Santa Clara County Housing Authority residents, voucher holders, and rental associations as agreed upon with Contractor. Contractor shall assist in promoting the online survey. E. Social Media OutreachϟϙŘĺŽĖîôϙÍϙıÍŘħôťĖĲČϙŜťŘÍťôČƅϠϙťĺĺīŜϠϙÍĲîϙıÍťôŘĖÍīŜϙťĺϙæŘĺÍîèÍŜť ĲôſŜϙĺċϙťēôϙÍæĺŽôϙŕŪæīĖèϙŕÍŘťĖèĖŕÍťĖĺĲϙÍèťĖŽĖťĖôŜϠϙÍĲîϙĖĲċĺŘıÍťĖĺĲϙÍæĺŪťϙēĺſϙÍĲîϙſēôŘô to ŕÍŘťĖèĖŕÍťôϠϙťēŘĺŪČēϙıŪīťĖŕīôϙŜĺèĖÍīϙıôîĖÍϙèēÍĲĲôīŜϙŜŪèēϙÍϙbôƄť"ĺĺŘϠϙ>ÍèôæĺĺħϠϙÍĲî Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 5 Packet Pg. 68 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS [ôťЍŜϙÍīħϙFĺŪŜĖĲČϙ with the assistance of Participating Jurisdictions. ēôϙ[ôťЍŜϙÍīħϙ FĺŪŜĖĲČϙſôæŜĖťôϙſĖīīϙæôϙŪŕîÍťôîϙťĺϙċĺèŪŜϙĺĲϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϙÍĲîϙĖťŜϙŜĖČĲĖƱèÍĲèôϙťĺϙ the community. F. Summary Report. ĺĲťŘÍèťĺŘϙŜēÍīīϙŜŪııÍŘĖƏôϙôƯĺŘťŜϙıÍîôϙťĺϙĖĲŽĺīŽôϙťēôϙŕŪæīĖèϙĖĲϙťēôϙ preparation of the Consolidated Plan. Contractor shall collect some of this information ċŘĺıϙťēôϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙæÍŜôîϙĺĲϙťēôϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜЍϙôƯĺŘťŜϟϙ Contractor’ŜϙŜŪııÍŘƅϙĺċϙôƯĺŘťŜϙıÍîôϙťĺϙĖĲŽĺīŽôϙťēôϙŕŪæīĖèϙŜēÍīīϙĖĲèīŪîôϙÍīīϙŕŪæīĖèϙ èĺııôĲťϙŘôèôĖŽôîϙÍĲîϙŘôŜŕĺĲŜôŜϙťĺϙŕŪæīĖèϙèĺııôĲťϟϙĺĲťŘÍèťĺŘϙŜēÍīīϙĖĲèīŪîôϙ îĺèŪıôĲťÍťĖĺĲϙĺċϙŕŪæīĖèϙŕÍŘťĖèĖŕÍťĖĺĲϙĖĲϙťēôϙÍŕŕôĲîĖƄϙĺċϙťēôϙÍîıĖĲĖŜťŘÍťĖŽôϙîŘÍċťϙĺċϙťēôϙ Consolidated Plan. ĺĲťŘÍèťĺŘϙŜēÍīīϙôĲČÍČôϙĖĲϙŕŘĺĤôèťϙèĺĺŘîĖĲÍťĖĺĲϙæƅϙattending monthly meetings with the Working Group to discuss and oversee all stages of the project. Contractor shall also prepare regular written updates for Participating Jurisdictions, including meeting minutes, progress reports, and updates to the project schedule. Deliverables: Participate in project initiation; develop a community outreach engagement strategy plan and facilitate Stakeholder Consultation Meetings, Regional Community Engagement ŪæīĖèϙWorkshops, and Pop-up Events; develop and administer a multilingual (3 languages) community survey; develop a social media marketing strategy, tools, and materials for those ŕŪæīĖèϙŕÍŘťĖèĖŕÍťĖĺĲϙÍèťĖŽĖťĖôŜ îôŜèŘĖæôîϙÍæĺŽôϢϙŜŪııÍŘĖƏôϙôƯĺŘťŜϙťĺϙĖĲŽĺīŽôϙŕŪæīĖèϙĖĲϙ Consolidated Plan preparation; and engage in project coordination. Provide translation and interpretation for surveys, workshops, pop-up events, and stakeholder consultations as needed. Task 2 – Data Compilation/Cross-Tabulation Task 2.1 – Data Collection ĺĲťŘÍèťĺŘϙŜēÍīīϙÍŜŜôıæīôϙťēôϙîÍťÍϙĲôèôŜŜÍŘƅϙťĺϙèĺıŕīôťôϙťēôϙFĺŪŜĖĲČϙÍĲîϙFĺıôīôŜŜϙbôôîŜ ŜŜôŜŜıôĲťϙϼЊbôôîŜϙŜŜôŜŜıôĲťЋϽϙťēŘĺŪČēϙÍϙĲŪıæôŘϙĺċϙıôťēĺîŜϟϙēôŜôϙĖĲèīŪîôϙîÍťÍϙťēŘĺŪČē F"ЍŜϙôĺĲϙīÍĲĲĖĲČϙŪĖťôϠϙÍĲîϙŜŪŕŕīôıôĲťÍŘƅϙîÍťÍϙŜĺŪŘèôŜϠϙīĖħôϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜЍ Housing Elements, the Homeless Point-in-ĖıôϙĺŪĲťϠ the Community Plan to End Homelessness Progress Report, and data from agencies that serve seniors and special needs populations. Contractor shall use these data sources in conjunction with the most current American Community Survey (“ACS”) data, F" ĺıŕŘôēôĲŜĖŽôϙFĺŪŜĖĲČϙƯĺŘîÍæĖīĖťƅϙťŘÍťôČƅϙ ϼЊFЋϽϙ"ÍťÍϠϙÍĲîϙŜĖıĖīÍŘϙŘôīĖÍæīôϙsecondary data sources ťĺϙƲôŜēϙĺŪťϙČÍŕŜϟϙĺĲťŘÍèťĺŘϙŜēÍīī ŘôÍèēϙĺŪťϙťĺϙèĺııŪĲĖťƅϙŕÍŘťĲôŘŜϠϙŜôŘŽĖèôϙŕŘĺŽĖîôŘŜϠϙÍĲîϙĺťēôŘϙŕŪæīĖèϙÍĲîϙĲĺĲŕŘĺƱťϙĺŘČÍĲĖƏÍťĖĺĲŜ to collect additional data necessary to complete the Needs Assessment. DeliverablesϡϙŜŜôıæīôϙĲôèôŜŜÍŘƅϙîÍťÍϠϙťēŘĺŪČēϙF"ϙÍĲîϙťēŘĺŪČēϙŜŪŕŕīôıôĲťÍŘƅϙŜĺŪŘèôŜϠ Ʋesh out gaps in data, and engage a variety of providers and community partners to complete the Needs Assessment. Task 2.2 – Regional Housing Market Evaluation Contractor shall prepare a Regional (countywide) Housing Market Analysis for Participating Jurisdictions that èĺıŕīĖôŜϙſĖťēϙĖťīôϙ͓͑ϠϙôèťĖĺĲϙ͐͘ϟ͑͐͏ϼÍϽ-(d) of the Code of Federal Regulations and other ÍŕŕīĖèÍæīôϙF"ϙČŪĖîôīĖĲôŜϟϙēĖŜϙÍĲÍīƅŜĖŜϙŜēÍīīϙĖĲèīŪîôϙæĺťēϙŘôĲťÍīϙÍĲîϙĺſĲôŘŜēĖŕϙ Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 6 Packet Pg. 69 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS information on ēĺŪŜĖĲČϙèĺĲîĖťĖĺĲϠϙÍČôϙĺċϙŪĲĖťŜϠϙŽÍèÍĲèƅϙŘÍťôŜϠϙēĺŪŜĖĲČϙèĺŜťϙæŪŘîôĲŜϠϙÍĲÍīƅŜĖŜϙĺċϙ ĤĺæŜ-housing æÍīÍĲèôϙĖĲϙťēôϙŘôČĖĺĲϠϙÍĲîϙother criteria vital to a thorough understanding of Participating Jurisdictions’ housing markets. ēôϙŕŘĖıÍŘƅϙŕŪŘŕĺŜôϙĺċϙťēôϙÍĲÍīƅŜĖŜϙĖŜϙťĺϙĖîôĲťĖċƅϙ èĺŪĲťƅſĖîôϙÍĲîϙŜŕôèĖƱèϙĤŪŘĖŜîĖèťĖĺĲÍīϙĲôôîŜϠϙťĺϙŪĲîôŘŜťÍĲîϙēĺſϙôÍèēϙjurisdiction might have special needs compared to others. ēôϙôČĖĺĲÍīϙFĺŪŜĖĲČϙaÍŘħôťϙĲÍīƅŜĖŜϙſĖīīϙæôϙĺĲôϙŘôŕĺŘťϠϙ ÍŕŕôĲîôîϙťĺϙÍīīϙĤŪŘĖŜîĖèťĖĺĲŜЍϙĺĲŜĺīĖîÍťôîϙīÍĲŜϙĖĲϙI"Iϟϙ"ÍťÍϙſĖīīϙæôϙŕŘĺŽĖîôîϙċĺŘϙôÍèēϙ ĤŪŘĖŜîĖèťĖĺĲϙĖĲϙèĺıŕÍŘÍťĖŽôϙČŘÍŕēĖèŜϙÍĲîϙèēÍŘťŜϙÍĲîϙťÍæīôŜϟ ēôϙôČĖĺĲÍīϙFĺŪŜĖĲČϙaÍŘħôťϙĲÍīƅŜĖŜϙŜēÍīīϙèĺĲŜĖŜťϙĺċϙťēô following: ͐ϽϙFĺŪŜĖĲČϙŘĺƱīô. Assessment shall include: bŪıæôŘϙĺċϙēĺŪŜĖĲČϙŪĲĖťŜϢϙÍČôϙĺċϙŪĲĖťŜϢϙ vacancy rates; type of housing units. 2) Housing and Homeless Needs Assessment. Assessment shall include: a) Housing demands of special needs households—elderly and frail elderly, persons with mental/ŕēƅŜĖèÍīϯîôŽôīĺŕıôĲťÍīϙîĖŜÍæĖīĖťĖôŜϢϙŕôŘŜĺĲŜϙſĖťēϙ ÍīèĺēĺīϯîŘŪČϙÍîîĖèťĖĺĲϢϙŕôŘŜĺĲŜϙīĖŽĖĲČϙſĖťēϙFI«ϯI"ϢϙŜĖĲČīôϙŕôŘŜĺĲϙ households; large households; persons experiencing domestic violence. æϽ Analysis/provision of a chart utilizing FϙîÍťÍϙŘôīôÍŜôîϙæƅϙ F"ϢϙÍĲî c) Racially disaggregated information on families and individuals experiencing ēĺıôīôŜŜĲôŜŜϠϙĺæťÍĖĲôîϙċŘĺıϙŜĺŪŘèôŜϙīĖħôϙťēôϙ͑͏23 Homeless Census Point in Ėıô Count, the Homeless Census & Survey Comprehensive Report, F"ЍŜϙϙĺċϙϙôŗŪĖťƅϙťĺĺīϢϙand Homeless Management Information System (“HMIS”)-æÍŜôîϙîÍťÍϟ 3) ƯĺŘîÍæĖīĖťƅϙĲÍīƅŜĖŜϟϙēĖŜϙÍĲÍīƅŜĖŜϙŜēÍīīϙĖĲèīŪîôϡ a) ŪııÍŘƅϙĺċϙèŪŘŘôĲťϙıÍŘħôťϙŘôĲťŜϙċĺŘϙôÍèēϙŜŪæıÍŘħôťϙÍŜϙÍŽÍĖīÍæīôϙſĖťēϙĺ- star data and how market rents have changed compared to California, and îĖƯôŘϙċŘĺıϙfederal FMR and HOME rents, since the previous Consolidated Plan was adopted; æϽ ÍīèŪīÍťĖĺĲϙĺċϙťēôϙÍƯĺŘîÍæĖīĖťƅϙČÍŕϠϙŘôŕŘôŜôĲťôîϙæƅϙťēôϙîĖƯôŘôĲèôϙæôťſôôĲϙ the market rental and ownership costs in each Participating Jurisdiction respective to ťēôϙēĺŪŜĖĲČϙèĺŜťŜϙÍƯĺŘîÍæīôϙťĺϙťēôϙċĺīīĺſĖĲČϙĖĲèĺıôϙèÍťôČĺŘĖôŜϡϙ extremely low, low, ŽôŘƅϙīĺſϠϙıĺîôŘÍťôϠϙÍĲîϙÍæĺŽôϙıĺîôŘÍťôϢ c) ÍīèŪīÍťĖĺĲϙĺċϙťēôϙèēÍĲČôϙĖĲϙîôƱĲĖťĖĺĲ/income thresholds of Area Median IĲèĺıôϙϼЊaIЋϽϙæôťſôôĲ ͑͏͓͐ ÍĲîϙ͑͏24 and the ĲŪıæôŘϙĺċϙhouseholds that èĺıŕŘĖŜôϙîĖƯôŘôĲť AMI categories ϼĖϟôϟϠϙēĺŪŜôēĺīîŜϙċÍīīĖĲČϙċŘĺıϙ«ôŘƅϙ[ĺſϙ IĲèĺıôϙťĺϙ(ƄťŘôıôīƅϙ[ĺſ IĲèĺıôϙæÍŜôîϙĺĲϙèēÍĲČôϙĖĲϙaIϙîôƱĲĖťĖĺĲŜϽϢ and d) ŘĺĤôèťĖĺĲŜϙĺċϙċŪťŪŘôϙēĺŪŜôēĺīîϙĖĲèĺıôϙČŘĺſťēϙÍĲîϙÍƯĺŘîÍæĖīĖťƅϙČÍŕŜϙϼĖċϙ ÍŕŕīĖèÍæīôϽ ċĺŘϙťēôϙƱŽô-ƅôÍŘϙ͑͏͑5-͒͏ Consolidated Plan period. Deliverables: Preparation of a Regional Housing Market Analysis for Participating Jurisdictions ťēÍťϙèĺıŕīĖôŜϙſĖťēϙĖťīôϙ͓͑ϠϙôèťĖĺĲϙ͐͘ϟ͑͐͏ϼÍϽ-(d) of the Code of Federal Regulations and other ÍŕŕīĖèÍæīôϙF"ϙČŪĖîôīĖĲôŜϟϙĲÍīƅŜĖŜϙŜēÍīīϙĖĲèīŪîôϙÍĲϙÍŜŜôŜŜıôĲťϙĺċϙĲôôîŜϙĺċϙŜŕôèĖƱôî ēĺŪŜôēĺīîŜϠϙŜŪèēϙÍŜϙťēĺŜôϙôƄŕôŘĖôĲèĖĲČϙēĺıôīôŜŜĲôŜŜϙŪŜĖĲČϙĖĲċĺŘıÍťĖĺĲϙÍŽÍĖīÍæīôϙťēŘĺŪČēϙīĺèÍī ŜĺŪŘèôŜϙīĖħôϙťēôϙ͑͏23 FĺıôīôŜŜĲôŜŜϙôĲŜŪŜϙĺĖĲťϙĖĲϙĖıôϙĺŪĲťϙÍĲîϙFaIϟϙIťϙŜēÍīīϙÍīŜĺϙĖĲèīŪîô ÍĲϙÍƯĺŘîÍæĖīĖťƅϙÍĲÍīƅŜĖŜϙťēÍťϙťÍħôŜϙĖĲťĺϙÍèèĺŪĲťϙèēÍĲČôŜϙĖĲϙťēôϙaIϟ Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 7 Packet Pg. 70 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS Task 2.3 – Mapping and Analysis Contractor shall collect information regarding community characteristics from each Participating Jurisdiction, including: regional maps the jurisdictions have prepared in Housing Elements and ŜĖıĖīÍŘϙŜťŪîĖôŜϟϙēôŜôϙĖĲèīŪîô analyses of development opportunity or priority areas, ŘĖĺŘĖťƅϙ"ôŽôīĺŕıôĲťϙŘôÍŜϙϼĖîôĲťĖƱôîϙÍŘôÍŜϙĖĲϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙſĖťēϙèÍŕÍèĖťƅϙÍĲî îôıÍĲîϙċĺŘϙċĺèŪŜôîϙČŘĺſťēϙĖĲϙŕĺŕŪīÍťĖĺĲϙÍĲîϙĖĲċŘÍŜťŘŪèťŪŘôϽϠϙĖĲƱīīϠϙŕŘĺƄĖıĖťƅϙťĺϙťŘÍĲŜĖťϠϙŜôŘŽĖèôŜϠ ÍıôĲĖťĖôŜϠϙÍĲîϙĺťēôŘϙĖĲċŘÍŜťŘŪèťŪŘôϙťēÍťϙıÍƅϙæôϙĺæťÍĖĲôîϙťēŘĺŪČēϙťēôĖŘϙŘôèôĲťīƅϙŪŕîÍťôîϙFĺŪŜĖĲČ Elements. Additionally, Contractor shall collect, process, and analyze racially disaggregated socioeconomic data, and then integrate the data into an illustrative map to identify all target areas within the County’s Participating Jurisdictions ϼċĺŘϙôƄÍıŕīôϠϙıÍŕŜϙĺċϙŘÍèôϙÍĲîϙôťēĲĖèĖťƅϙÍťϙîĖƯôŘôĲťϙ income thresholds for each jurisdiction and the region overall). Participating Jurisdictions shall provide their General Plan Housing Elements that were updated ċĺŘϙťēôϙŕôŘĖĺîϙĺċϙ͑͏23-͑͏3͐ to Contractor, which include standards and goals for housing unit ŕŘĺîŪèťĖĺĲϙċĺŘϙŽÍŘĖĺŪŜϙĖĲèĺıôϙīôŽôīŜϠϙÍĲîϙÍŽÍĖīÍæīôϙēĺŪŜĖĲČϙŜĖťôϙĖĲŽôĲťĺŘĖôŜϟϙĺĲťŘÍèťĺŘϙŜēÍīī request this information from Participating Jurisdictions, if the Contractor has not received it, and shall include it in Contractor’s analysis. Deliverables: Collect data and information from a variety of sources regarding community characteristics for each Participating Jurisdiction, including that contained in Housing Elements ÍĲîϙÍŽÍĖīÍæīôϙēĺŪŜĖĲČϙŜĖťôϙĖĲŽôĲťĺŘĖôŜϢϙÍĲÍīƅƏôϙÍĲîϙĖĲťôČŘÍťôϙîÍťÍϙÍĲîϙĖĲċĺŘıÍťĖĺĲϢϙÍĲîϙèŘôÍťôϙÍĲ ĖīīŪŜťŘÍťĖŽôϙıÍŕϙťēÍťϙĖîôĲťĖƱôŜϙÍīīϙťÍŘČôťϙÍŘôÍŜϙĖĲϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϟ Task 3 – Goals/Visioning Task 3.1 Contractor shall prepare ÍĲîϙŜŪæıĖťϙťēôĖŘϙŕŘĺŕĺŜôîϙĺŪťīĖĲôϙĺċϙťēôϙċĺŘıÍťϙċĺŘ conducting the community forums to the Work Group. Contractor ſĖīīϙÍīŜĺϙēĺīîϙÍĲϙĖĲĖťĖÍīϙıôôťĖĲČϙſĖťēϙŜťÍƯϙĺċϙ (ĲťĖťīôıôĲťϙVŪŘĖŜîĖèťĖĺĲŜϙťĺϙŘôŽĖôſϙÍĲîϙƱĲÍīĖƏôϙèĺııŪĲĖťƅϙŕÍŘťĖèĖŕÍťĖĺĲϙŕīÍĲĲĖĲČϠϙ which will include community forums and workshops. Deliverables: At least 4 weeks prior to holding community forums, Contractor shall prepare and ƱĲÍīĖƏô a detailed Community Engagement Plan, including community workshops and forums. aôôťϙſĖťēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙċĺŘϙċôôîæÍèħϙĺĲϙťēôϙŕÍŘťĖèĖŕÍťĖĺĲϙŕīÍĲϠϙŪŕîÍťĖĲČϙťēôϙƱĲÍīϙŕīÍĲϙ ÍċťôŘϙċôôîæÍèħϙĖŜϙŘôèôĖŽôîϟϙ Task 3.2 Contractor shall draft the Goals and Visioning Summary that will provide community development priorities and ıŪīťĖƅôÍŘϙČĺÍīŜϙæÍŜôîϙĺĲϙĖťŜϙÍŜŜôŜŜıôĲťϙĺċϙēĺŪŜĖĲČϙÍĲîϙcommunity development needs, analysis ĺċϙēĺŪŜĖĲČϙÍĲîϙôèĺĲĺıĖèϙıÍŘħôťϙèĺĲîĖťĖĺĲŜϠϙîÍťÍϠϙÍĲîϙÍŽÍĖīÍæīôϙŘôŜĺŪŘèôŜϠϙÍĲîϙ input received ťēŘĺŪČēϙèĺııŪĲĖťƅϙôĲČÍČôıôĲťϟϙċťôŘϙťēôϙîŘÍċťϙČĺÍīŜϯŽĖŜĖĺĲĖĲČϙēÍŽôϙæôôĲϙČÍťēôŘôîϙ and prepared, Contractor shall prepare and include the Goals and Visioning Summary in the ÍîıĖĲĖŜťŘÍťĖŽôϙîŘÍċťϙĺċϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϙÍĲîϙŕŘĺŽĖîôϙĖťϙťĺϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙæƅ >ôæŘŪÍŘƅ ͔͐Ϡϙ͑͏͑5. Deliverables: Prepare and include the Goals and Visioning Summary in the administrative draft Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 8 Packet Pg. 71 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS ĺċϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϠϙÍĲîϙŕŘĺŽĖîôϙťēôϙÍîıĖĲĖŜťŘÍťĖŽôϙîŘÍċťϙťĺϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙæƅ >ôæŘŪÍŘƅ ͔͐Ϡϙ͑͏͑5. *Jurisdictions requiring an earlier draft will coordinate with the Contractor on timing. Task 4 – Housing and Community Needs Assessment Contractor shall complete the Housing and Community Needs Assessment, which includes the ċĺīīĺſĖĲČϙĖťôıŜϠϙÍĲîϙĖĲèĺŘŕĺŘÍťôϙĖťϙĖĲϙťēôϙÍîıĖĲĖŜťŘÍťĖŽôϙîŘÍċťϙĺċϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϙæƅϙ>ôæŘŪÍŘƅ ͔͐Ϡϙ͑͏͑5. Task 4.1 – Identify and Prioritize Regional Needs On a regional scale and for each Participating Jurisdiction, Contractor shall include an analysis of community housing and development needs, including an assessment of existing programs and resources that serve low-income households and areas and special needs populations. Contractor ŜēÍīīϙċĺèŪŜϙĺĲϙÍƯĺŘîÍæīôϙēĺŪŜĖĲČϠϙŜŕôèĖÍīϙĲôôîŜϙēĺŪŜĖĲČϠϙèĺııŪĲĖťƅϙÍĲîϙôèĺĲĺıĖèϙ development, ŕŪæīĖèϙŜôŘŽĖèôŜϠϙċÍèĖīĖťĖôŜϠϙĖĲċŘÍŜťŘŪèťŪŘôϠϙÍĲîϙēĺıôīôŜŜĲôŜŜϙÍĲîϙÍèèôŜŜĖæĖīĖťƅϙ constraints. Contractor’s analysis shall use input received through the community engagement ÍĲîϙŕŪæīĖè participation process. ēĖŜϙÍĲÍīƅŜĖŜϙſĖīīϙæôϙèÍŕťŪŘôîϙĖĲϙŘôīôŽÍĲťϙaϙÍĲîϙbϙŜôèťĖĺĲŜϙĺċϙ the Consolidated Plan (not in a stand-alone section). Deliverables: Contractor shall analyze the regional and each Participating Jurisdiction’s èĺııŪĲĖťƅϙēĺŪŜĖĲČϙÍĲîϙîôŽôīĺŕıôĲťϙĲôôîŜϠϙſĖťēϙŕŘĖĺŘĖťĖƏÍťĖĺĲϙĺċϙŘôČĖĺĲÍīϙĲôôîϙċĺŘϙŜŕôèĖƱôî ēĺŪŜôēĺīîŜϠϙÍŘôÍŜϠϙÍĲîϙŕĺŕŪīÍťĖĺĲŜϠϙŪŜĖĲČϙĖĲŕŪťϙċŘĺıϙîĖƯôŘôĲťϙťƅŕôŜϙĺċϙèĺııŪĲĖťƅϙôĲČÍČôıôĲť and ŕŪæīĖèϙŕÍŘťĖèĖŕÍťĖĺĲϟ Task 4.1.2 – Fair Housing Choice Needs Contractor shall integrate current fair housing analyses into the Consolidated Plan. Contractor’s analysis will summarize fair housing choice needs in the Housing Element AFFHs, including potential disparate impacts concerning: ϼ͐ϽϙŘĺťôèťôîϙèīÍŜŜôŜ ϼ͑Ͻϙ[ÍĲîϙŪŜôϙŕĺīĖèĖôŜϙÍĲîϙŕŘÍèťĖèôŜ ϼ͒Ͻϙ[ÍĲČŪÍČôϙæÍŘŘĖôŘŜ (4) Employment trends (5) Application requirements (6) Not In My Backyard (NIMBYism) (7) Market forces that lead to exclusion/potential for displacement Contractor’s completion of this task shall include a review of local and regional data to identify impediments to fair housing choice. Contractor’s completion of this task shall include any ÍîîĖťĖĺĲÍīϙĖĲċĺŘıÍťĖĺĲϙŘôŗŪĖŘôîϙæƅϙF"ϠϙĖĲèīŪîĖĲČ any update to ťēôϙƱĲÍīϙŘŪīôϙĺĲϙťēôϙAFH, and ŘôŗŪĖŘôîϙîÍťÍϙŘôċôŘôĲèôîϙæƅϙF"ϠϙÍĲîϙæôϙĖĲèĺŘŕĺŘÍťôîϙĖĲťĺϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϟ Deliverables: Contractor shall review all collected local and regional data and analysis of fair housing choice ĲôôîŜϠϙĖĲèīŪîĖĲČϙŕĺťôĲťĖÍīϙîĖŜŕÍŘÍťôϙĖıŕÍèťŜϙæÍŜôîϙĺĲϙĖĲťôĲťϙÍĲîϙôƯôèť as ĖîôĲťĖƱôîϙĺŘϙŜŪČČôŜťôîϙæƅϙôƄĖŜťĖĲČϙ>>FϙÍĲÍīƅŜĖŜϙĖĲϙĤŪŘĖŜîĖèťĖĺĲϙFĺŪŜĖĲČϙ(īôıôĲťŜ, and utilize Participating Jurisdictions Housing Element data to integrate AFH data and materials into the Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 9 Packet Pg. 72 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS Consolidated Plan. ĺĲťŘÍèťĺŘЍŜϙÍĲÍīƅŜĖŜϙŜēÍīīϙèĺĲŜĖîôŘϙF"ЍŜϙƱnal rule on the AFH and required îÍťÍϙŘôċôŘôĲèôîϙæƅ F"ϟ Task 4.2 – Identify and Evaluate Existing Programs, Funding Sources, and Services Contractor shall provide a detailed assessment of existing programs, funding sources, and services ťēÍťϙÍŘôϙÍŽÍĖīÍæīôϙſĖťēĖĲϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲϟϙĺĲťŘÍèťĺŘϙŜēÍīīϙèŘôÍťôϙÍϙîôťÍĖīôî description of the existing resources in the region. Contractor shall map out the current trends and ťēôϙÍŽÍĖīÍæĖīĖťƅϙĺċϙīĺèÍīϙŘôŜĺŪŘèôŜϙſĖťēĖĲϙťēôϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙÍĲîϙŜŪæŜôŗŪôĲťīƅ ŘôèĺııôĲîϙťēôϙıĺŜťϙĲôôîôîϙŕŘĺČŘÍıŜϠϙċŪĲîŜϠϙÍĲîϙŜôŘŽĖèôŜϠϙĖĲèīŪîĖĲČϙŕĺťôĲťĖÍīϙèĺīīÍæĺŘÍťĖĺĲŜ and partnerships among ParticipatiĲČϙVŪŘĖŜîĖèťĖĺĲŜϙťĺϙÍîîŘôŜŜϙîôƱèĖťŜϠϙťĺϙæôϙĖĲèīŪîôîϙſēôĲ creating the Consolidated Plan’s priority needs and goals. ēôϙÍŜŜôŜŜıôĲťϙſĖīīϙæôϙŜŪııÍŘĖƏôîϙĖĲϙ the relevant NA, MA, and SP screens within the Consolidated Plan (v. a stand-alone assessment). Deliverables: Provide a detailed assessment of existing programs, funding sources, and services ÍŽÍĖīÍæīôϙſĖťēĖĲϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙÍĲîϙŘôèĺııôĲîÍťĖĺĲϙĺċϙťēôϙıĺŜťϙĲôôîôîϙŕŘĺČŘÍıŜϠ funds, and services. Task 4.3 – Gather information not provided by Integrated Disbursement and Information System (“IDIS”) Data ĺĲťŘÍèťĺŘϙŜēÍīīϙſĺŘħϙſĖťēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙťĺϙĺæťÍĖĲϙÍŜϙıŪèēϙîÍťÍϙÍŽÍĖīÍæīôϙſēôĲϙťēô ħĖèħĺƯϙŕŘĺèôŜŜϙæôČĖĲŜϟϙĺĲťŘÍèťĺŘϙŜēÍīīϙèĺĲťĖĲŪôϙťĺϙŜĺŪŘèôϙĖĲċĺŘıÍťĖĺĲϙťēŘĺŪČēϙÍϙŽÍŘĖôťƅϙĺċ means, including through community engagement, and generate Geographic Information System (“GIS”) data ÍŜϙÍŽÍĖīÍæīôϙċŘĺıϙF"ϠϙF"ϠϙÍĲîϙRequest GIS map data | Geographic Information Services | County of Santa Clara (santaclaracounty.gov) DeliverablesϡϙiæťÍĖĲϙîÍťÍϙÍŽÍĖīÍæīôϙÍťϙħĖèħĺƯϠϙèĺĲťĖĲŪôϙťĺϙŜĺŪŘèôϙĖĲċĺŘıÍťĖĺĲϠϙĖĲèīŪîĖĲČϙťēŘĺŪČē community engagement and generate GIS data. Task 4.4 – Evaluate Housing Needs and Services ċťôŘϙèĺıŕīôťĖĲČϙÍĲϙÍĲÍīƅŜĖŜϙĺċϙťēôϙÍŽÍĖīÍæĖīĖťƅϙĺċϙēĺŪŜĖĲČϙÍĲîϙŜôŘŽĖèôŜϙĖĲϙťēôϙŘôČĖĺĲϙèĺıŕÍŘôîϙťĺ the region’s need for housing and services, Contractor shall provide an evaluation of these needs. ĺĲťŘÍèťĺŘϙŜēÍīīϙŕīÍèôϙôıŕēÍŜĖŜϙĺĲϙôƄŕīĺŘĖĲČϙæÍŘŘĖôŘŜϙťĺϙŕŘĺŽĖîĖĲČϙÍƯĺŘîÍæīôϙÍĲîϙŜŕôèĖÍīϙĲôôîŜ housing, access to services, and any deterrents that may impede the development of needed ŜôŘŽĖèôŜϙÍĲîϙēĺŪŜĖĲČϙĖĲϙťēôϙŘôČĖĺĲϟϙĺĲťŘÍèťĺŘЍŜϙôŽÍīŪÍťĖĺĲϙŜēÍīīϙĲĺťôϙîĖƯôŘôĲèôŜϙĖĲϙēĺŪŜĖĲČϙĲôôîŜ ÍĲîϙŜôŘŽĖèôŜϙæôťſôôĲϙĺŘϙÍıĺĲČϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϟ Deliverables: Contractor shall evaluate housing needs and services in the region, with a special ċĺèŪŜϙĺĲϙæÍŘŘĖôŘŜϙťĺϙŕŘĺŽĖîĖĲČϙÍƯĺŘîÍæīôϙÍĲîϙŜŕôèĖÍīϙĲôôîŜϙēĺŪŜĖĲČϙÍĲîϙÍèèôŜŜϙťĺϙŜôŘŽĖèôŜϠϙĲĺťĖĲČ îĖƯôŘôĲèôŜϙĖĲϙēĺŪŜĖĲČϙĲôôîŜϙÍĲîϙŜôŘŽĖèôŜϙæôťſôôĲϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϟϙēôϙ>ÍĖŘϙFĺŪŜĖĲČ ēĺĖèôϙbôôîŜϙŜēÍīīϙæôϙĖĲèĺŘŕĺŘÍťôîϙĖĲťĺϙťēôϙÍîıĖĲĖŜťŘÍťĖŽôϙîŘÍċťϙĺċϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϙæƅ "ôèôıæôŘϙ͒͐Ϡϙ͑͏͑4. Task 5 - Preparation of Administrative Draft and Draft Consolidated Plan Task 5.1 – Administrative Draft 2025-2030 Consolidated Plan Contractor shall consolidate information from the previous tasks into an administrative draft ĺĲŜĺīĖîÍťôîϙīÍĲϙÍĲîϙŕŘĺŽĖîôϙĖťϙťĺϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙæƅϙ>ôæŘŪÍŘƅϙ͔͐Ϡϙ͑͏͑5. ēôϙċĺīīĺſĖĲČ Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 10 Packet Pg. 73 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS ÍŘôϙťēôϙŘôŗŪĖŘôîϙıĖĲĖıŪıϙèĺĲťôĲťŜϙÍĲîϙĺŘČÍĲĖƏÍťĖĺĲϙĺċϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϟϙēôϙÍĲťÍϙīÍŘÍ ŘæÍĲϙĺŪĲťƅϙÍĲîϙťēôϙĖťĖôŜϙĺċϙŪŕôŘťĖĲĺϠϙ@ĖīŘĺƅϠϙÍĲîϙÍīĺϙīťĺϙèĺıŕŘĖŜôϙÍϙFia(ϙIĲŽôŜťıôĲť ÍŘťĲôŘŜēĖŕŜϙŘĺČŘÍıϙϼFia(ϽϙĺĲŜĺŘťĖŪıϟϙ®ēôŘôϙÍŕŕīĖèÍæīôϠϙťēôϙFia(ϙĺĲŜĺŘťĖŪıϙŜēÍīīϙæô îôŜèŘĖæôîϙÍĲîϙÍĲÍīƅƏôîϙĖĲϙťēôϙÍîıĖĲĖŜťŘÍťĖŽôϙîŘÍċťϙĺĲŜĺīĖîÍťôîϙīÍĲϟϙFia(ϙIĲŽôŜťıôĲťŜ Partnership, Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with Aids ϼFi®ϽϙŜôèťĖĺĲŜϙŜēÍīīϙæôϙÍîîôîϠϙÍŜϙĲôèôŜŜÍŘƅϠϙċĺŘϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϡ ϼ͐ϽϙExecutive Summary (a) ES-͏͔ϙExecutive Summary (2) The Process (a) PR-͏͔ϙ[ôÍîϙЭϙôŜŕĺĲŜĖæīôϙČôĲèĖôŜ ϼæϽϙ-͐͏ϙĺĲŜŪīťÍťĖĺĲ (c) PR-͔͐ϙĖťĖƏôĲϙÍŘťĖèĖŕÍťĖĺĲ (3) Needs Assessment (a) NA-͏͔ϙiŽôŘŽĖôſ ϼæϽϙb-͐͏ϙFĺŪŜĖĲČϙbôôîŜϙŜŜôŜŜıôĲť (c) NA-͔͐ϙ"ĖŜŕŘĺŕĺŘťĖĺĲÍťôīƅϙ@ŘôÍťôŘϙbôôîϡϙFĺŪŜĖĲČϙŘĺæīôıŜ (d) NA-͑͏ϙ"ĖŜŕŘĺŕĺŘťĖĺĲÍťôīƅϙ@ŘôÍťôŘϙbôôîϡϙôŽôŘôϙFĺŪŜĖĲČϙŘĺæīôıŜ (e) NA-͔͑ϙ"ĖŜŕŘĺŕĺŘťĖĺĲÍťôīƅϙ@ŘôÍťôŘϙbôôîϡϙFĺŪŜĖĲČϙĺŜťϙŪŘîôĲŜ (f) NA-͒͏ϙ"ĖŜŕŘĺŕĺŘťĖĺĲÍťôīƅϙ@ŘôÍťôŘϙbôôîϡϙ"ĖŜèŪŜŜĖĺĲ (g) NA-͔͒ϙŪæīĖèϙFĺŪŜĖĲČ (h) NA-͓͏ϙFĺıôīôŜŜϙbôôîŜϙŜŜôŜŜıôĲť (i) NA-45 Non-Homeless Special Needs Assessment (j) NA-͔͏ϙbĺĲ-FĺŪŜĖĲČϙĺııŪĲĖťƅϙ"ôŽôīĺŕıôĲťϙbôôîŜ (4) Market Analysis (a) MA-͏͔ϙiŽôŘŽĖôſ ϼæϽϙa-͐͏ϙbŪıæôŘϙĺċϙFĺŪŜĖĲČϙĲĖťŜ (c) MA-͔͐ϙĺŜťϙĺċϙFĺŪŜĖĲČ (d) MA-͑͏ϙĺĲîĖťĖĺĲϙĺċϙFĺŪŜĖĲČ (e) MA-͔͑ϙŪæīĖèϙÍĲîϙŜŜĖŜťôîϙFĺŪŜĖĲČ (f) MA-͒͏ϙFĺıôīôŜŜϙ>ÍèĖīĖťĖôŜϙÍĲîϙôŘŽĖèôŜ (g) MA-35 Special Needs Facilities and Services (h) MA-͓͏ϙÍŘŘĖôŘŜϙťĺϙƯĺŘîÍæīôϙFĺŪŜĖĲČ (i) MA-45 Non-FĺŪŜĖĲČϙĺııŪĲĖťƅϙ"ôŽôīĺŕıôĲťϙŜŜôťŜ (j) MA-͔͏ϙbôôîŜϙÍĲîϙaÍŘħôťϙĲÍīƅŜĖŜϙ"ĖŜèŪŜŜĖĺĲ (5) Strategic Plan (a) SP-͏͔ϙiŽôŘŽĖôſ ϼæϽϙ-͐͏ϙ@ôĺČŘÍŕēĖèϙŘĖĺŘĖťĖôŜ (c) SP-25 Priority Needs (d) SP-͒͏ϙIĲƲŪôĲèôϙĺċϙaÍŘħôťϙĺĲîĖťĖĺĲŜ (e) SP-35 Anticipated Resources (f) SP-͓͏ϙIĲŜťĖťŪťĖĺĲÍīϙ"ôīĖŽôŘƅϙťŘŪèťŪŘô (g) SP-45 Goals Summary (h) SP-͔͏ϙŪæīĖèϙFĺŪŜĖĲČϙèèôŜŜĖæĖīĖťƅϙÍĲîϙIĲŽĺīŽôıôĲť (i) SP-͔͔ϙÍŘŘĖôŘŜϙťĺϙƯĺŘîÍæīôϙFĺŪŜĖĲČ (j) SP-͕͏ϙFĺıôīôŜŜĲôŜŜϙťŘÍťôČƅ (k) SP-͕͔ϙ[ôÍî-æÍŜôîϙÍĖĲťϙFÍƏÍŘîŜ Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 11 Packet Pg. 74 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS (l) SP-͖͏ϙĲťĖ-Poverty Strategy (m) SP-͗͏ϙaĺĲĖťĺŘĖĲČ (6) Action Plan (a) AP-͔͐ϙ(ƄŕôèťôîϙôŜĺŪŘèôŜ (7) Annual Goals and Objectives (a) AP-͑͏ϙĲĲŪÍīϙ@ĺÍīŜϙÍĲîϙiæĤôèťĖŽôŜ (8) Projects (a) AP-35 Projects ϼæϽϙ-͔͏ϙ@ôĺČŘÍŕēĖèϙ"ĖŜťŘĖæŪťĖĺĲ ϼ͘ϽϙƯĺŘîÍæīôϙFĺŪŜĖĲČ (a) AP-͔͔ϙƯĺŘîÍæīôϙFĺŪŜĖĲČ ϼæϽϙ-͕͏ϙŪæīĖèϙFĺŪŜĖĲČ (c) AP-65 Homeless and Other Special Needs Activities (d) AP-͖͏ϙFi®ϙ@ĺÍīŜϙϼFi®ϙ@ŘÍĲťôôŜϙiĲīƅϽ (e) AP-͖͔ϙÍŘŘĖôŘŜϙťĺϙÍƯĺŘîÍæīôϙēĺŪŜĖĲČ (f) AP-85 Other Actions ϼ͐͏ϽϙŘĺČŘÍıϙŕôèĖƱèϙôŗŪĖŘôıôĲťŜ (a) AP-͘͏ϙŘĺČŘÍıϙŕôèĖƱèϙôŗŪĖŘôıôĲťŜ ĺĲťŘÍèťĺŘϙŜēÍīīϙēĺīîϙÍϙıĖĲĖıŪıϙĺċϙĺĲôϙϼ͐ϽϙĖĲ-person meeting with Participating Jurisdictions to ĺæťÍĖĲϙċôôîæÍèħϙĺĲϙťēôϙÍîıĖĲĖŜťŘÍťĖŽôϙîŘÍċťϙŕŘĖĺŘϙťĺϙŕŘôŕÍŘĖĲČϙťēôϙîŘÍċťϙĺĲŜĺīĖîÍťôîϙīÍĲϙÍĲî ĺæťÍĖĲϙċôôîæÍèħϙťēŘĺŪČēϙĺťēôŘϙıôÍĲŜϙϼôϟČϟϠϙèĺĲċôŘôĲèôϙèÍīīϠϙôıÍĖīϠϙôťèϟϽϙċŘĺıϙÍŘťĖèĖŕÍťĖĲČ VŪŘĖŜîĖèťĖĺĲŜϙťēÍťϙÍŘôϙŪĲÍæīôϙťĺϙÍťťôĲîϙÍĲϙĖĲ-person or virtual meeting. Contractor shall incorporate ċôôîæÍèħϙĖĲťĺϙťēôϙîŘÍċťϙĺĲŜĺīĖîÍťôîϙīÍĲϟϙĺĲťŘÍèťĺŘϙŜēÍīīϙŕŘĺŽĖîôϙÍn electronic èĺŕƅϙŽĖÍϙÍĲϙÍČŘôôîϙŪŕĺĲϙƱīôŜēÍŘĖĲČϙîŘĖŽôϙĺŘϙÍŕŕϙcontaining digital copies of materials and îĖŜťŘĖæŪťôϙťēôŜôϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲ æƅϙaÍŘèēϙ͔͐Ϡϙ͑͏͑5ϟϙēôϙƱīôŜēÍŘĖĲČϙîŘĖŽô shall èĺĲťÍĖĲϙÍϙaĖèŘĺŜĺċťϙ®i"ϙċĺŘıÍťϙÍĲîϙϟŕîċϙċĺŘıat for the document text. Maps and incorporated ČŘÍŕēĖèŜϙťēÍťϙÍŘôϙĲĺťϙèĺıŕÍťĖæīôϙſĖťēϙaĖèŘĺŜĺċť ®i"ϙıÍƅϙŘôıÍĖĲϙÍŜϙϟŕîċϙƱīôŜϟ Deliverables: Provide an administrative draft of the Consolidated Plan to Participating Jurisdictions (with HOME, ESG, and HOPWA sections as required for each Participating VŪŘĖŜîĖèťĖĺĲϽϙæƅϙ>ôæŘŪÍŘƅϙ͔͐Ϡϙ͑͏͑5ϢϙēĺīîϙÍϙıĖĲĖıŪıϙĺċϙĺĲôϙϼ͐ϽϙıôôťĖĲČϙſĖťēϙÍŘťĖèĖŕÍťĖĲČ VŪŘĖŜîĖèťĖĺĲŜϙťĺϙĺæťÍĖĲϙċôôîæÍèħϙĺĲϙťēôϙÍîıĖĲĖŜťŘÍťĖŽôϙîŘÍċťϙÍĲîϙĖĲèĺŘŕĺŘÍťôϙċôôîæÍèħϢϙÍĲî ŕŘĺŽĖîôϙîŘÍċťϙĺĲŜĺīĖîÍťôîϙīÍĲϙťĺϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙæƅϙaÍŘèēϙ͔͐Ϡϙ͑͏͑5. *Jurisdictions requiring an earlier draft will coordinate with the Contractor on timing. Task 6 – Preparation of Final Localized Consolidated Plan Contractor shall work with each Participating Jurisdiction to gather an estimate of tasks and æŪîČôťϙťĺϙÍîîϙıĺŘôϙīĺèÍīϙîÍťÍϠϙÍĲÍīƅŜĖŜϠϙÍĲîϯĺŘϙČĺÍīϙŜôťťĖĲČϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲЍŜ ƱĲÍīϙīĺèÍīĖƏôîϙĺĲŜĺīĖîÍťôîϙīÍĲϙťĺϙæôϙŜŪæıĖťťôîϙťĺϙF"ϟ ēôϙĺĲťŘÍèťĺŘϙŜēÍīī îŘÍċťϙťēôϙƱĲÍīϙ localized Consolidated Plans and hold a minimum of one meeting with each Participating VŪŘĖŜîĖèťĖĺĲϙťĺϙĺæťÍĖĲϙċôôîæÍèħϙĺĲϙťēôĖŘϙîŘÍċťŜϟ ĺĲťŘÍèťĺŘϙŜēÍīīϙôîĖťϙÍĲîϙŘôƱĲôϙôÍèēϙƱĲÍīϙīĺèÍīĖƏôîϙĺĲŜĺīĖîÍťôîϙīÍĲϙæÍŜôîϙĺĲϙôÍèēϙ Participating Jurisdiction’s comments. Contractor shall provide the electronic copies via a ƱīôŜēÍŘĖĲČ drive or app, containing digital copies of ıÍťôŘĖÍīŜϙÍĲîϙîĖŜťŘĖæŪťôϙťēôŜôϙťĺϙôÍèēϙ Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 12 Packet Pg. 75 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS ÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲϟϙēôϙƱlesharing drives shall contain a aĖèŘĺŜĺċťϙ®i"ϙċĺŘıÍťϙÍĲîϙϟŕîċϙ format for the document text for each Participating Jurisdiction. Maps and incorporated graphics ťēÍťϙÍŘôϙĲĺťϙèĺıŕÍťĖæīôϙſĖťēϙaĖèŘĺŜĺċťϙ®i"ϙıÍƅϙŘôıÍĖĲϙÍŜ ϟŕîċϙƱīôŜϟϙĺĲťŘÍèťĺŘϙŜēÍīīϙŕŘĺŽĖîôϙ ťēôϙƱĲÍīϙīĺèÍīĖƏôîϙĺĲŜĺīĖîÍťôîϙīÍĲϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČ Jurisdiction that has selected this task æƅϙŕŘĖīϙ͒͏Ϡϙ͑͏͑5. Deliverables: Work with each Participating Jurisdiction to gather an estimate of tasks and æŪîČôťϙ ċĺŘϙÍĲîϙîŘÍċťϙĺċϙťēôĖŘϙƱĲÍīϙīĺèÍīĖƏôîϙĺĲŜĺīĖîÍťôîϙīÍĲϟϙôƱĲôϙôÍèēϙÍŘťĖèĖŕÍťĖĲČ Jurisdiction's draft æÍŜôîϙĺĲϙċôôîæÍèħϙťēôƅϙŕŘĺŽĖîôϟϙŪæıĖťϙîĖČĖťÍīϙıÍťôŘĖÍīŜϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČ Jurisdiction on a Ʊlesharing drive or app ĖĲϙaĖèŘĺŜĺċťϙ®i"ϙϟîĺèϙÍĲîϙîĺæôϙϟŕîċϙċĺŘıÍťŜϠϙÍĲîϙŕŘĺŽĖîôϙťēôϙƱĲÍī īĺèÍīĖƏôîϙĺĲŜĺīĖîÍťôîϙīÍĲϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲϙæƅϙŕŘĖīϙ͒͏Ϡϙ͑͏͑5. Task 7 – Enhanced Needs Assessment Contractor shall engage in and prepare an enhanced needs assessment for each Participating Jurisdiction’s housing and homeless needs respective to their housing supply. ēĖŜϙſĖīīϙæŪĖīîϙŪŕĺĲϙ the Regional aĲÍīƅŜĖŜϙċŘĺıϙÍŜħϙ͑ϟ͑ϙÍĲîϙċĺèŪŜϙĺĲϙťēôϙĲôôîŜϙĺċϙēĺıôīôŜŜϙÍĲîϙŜŕôèĖÍīϙĲôôîŜϙ residents unique to each jurisdiction. Deliverables: ŘĺŽĖîôϙÍϙſĺŘħĖĲČϙĺŪťīĖĲôϙĺċϙôĲēÍĲèôîϙĲôôîŜϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲϙťĺϙæôϙ ŘôŽĖôſôîϙÍĲîϙÍŕŕŘĺŽôîϙŕŘĖĺŘϙťĺϙæôĖĲČϙĖĲèīŪîôîϙĖĲϙťēôĖŘϙ@ŘÍĲťôôϙĲĖŗŪôϙŕŕôĲîĖƄϙĖĲϙťēôϙ Consolidated Plan. Task 8 – Preparation of Year 1 Action Plan Contractor shall assist each Participating Jurisdiction to prepare a ´ôÍŘϙ͐ϙèťĖĺĲ Plan that èĺıŕīĖôŜϙſĖťēϙ͓͑ϙ>ϙ͐͘ϟ͑͑͏ϙÍĲîϙèŪŘŘôĲťϙF"ϙČŪĖîÍĲèôϙÍĲîϙĖĲèīŪîôŜϙťēô following sections: ŽÍĖīÍæīôϙôŜĺŪŘèôŜϠϙŘĺČŘÍıŜϙÍĲîϙèťĖŽĖťĖôŜϠϙ@ôĺČŘÍŕēĖèϙ"ĖŜťŘĖæŪťĖĺĲϠϙiťēôŘ Actions, and Summary of Citizen Participation. Contractor’s assistance includes the following îôīĖŽôŘÍæīôϙſĺŘħϙ and work products: A. îıĖĲĖŜťŘÍťĖŽôϙ"ŘÍċťϢ B. ŪæīĖèϙôŽĖôſϙ"ŘÍċťϢϙÍĲî C. >ĖĲÍīϙ"ŘÍċťϟ ĺĲťŘÍèťĺŘϙŜēÍīīϙŕŘĺŽĖîôϙČŪĖîÍĲèôϙÍĲîϙŜŪŕŕĺŘťϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲЍŜϙŜťÍƯϠϙĖĲèīŪîĖĲČ ŜŪæıĖŜŜĖĺĲϙťĺϙF"ϠϙÍŜϙŘôŗŪôŜťôîϟϙĺĲťŘÍèťĺŘϙŜēÍīīϙŕŘĺŽĖîôϙťēôϙ´ôÍŘϙ͐ϙèťĖĺĲϙīÍĲϙťĺϙôÍèē ÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲϙæƅϙŕŘĖīϙ͒͏Ϡϙ͑͏͑5. Deliverables: ŜŜĖŜťÍĲèôϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲϙĖĲϙŕŘôŕÍŘĖĲČϙťēôϙ´ôÍŘϙ͐ϙAction Plan, which has all the ŜôèťĖĺĲŜϙŘôŗŪĖŘôîϙæƅϙèŪŘŘôĲťϙF"ϙČŪĖîÍĲèôϠϙīĖħôϙťēôϙÍŕŕôĲîĖƄϙĺċϙŜŪııÍŘƅϙĺċϙ citizen participation. ĺĲťŘÍèťĺŘϙŜēÍīīϙŕŘĺŽĖîôϙÍϙ´ôÍŘϙ͐ϙèťĖĺĲϙīÍĲϙťĺϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙ VŪŘĖŜîĖèťĖĺĲϙæƅϙŕŘĖīϙ͒͏Ϡϙ͑͏͑5. Task 9 – Facilitation of Additional Community Forums in Participating Jurisdictions, Independent of the Regional Meetings Contractor shall facilitate additional community forums, independent of community engagement îôŜèŘĖæôîϙĖĲϙÍŜħϙ͐ϠϙťēÍťϙôÍèēϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲϙēÍŜϙŜôīôèťôîϟϙēôŜôϙÍîîĖťĖĺĲÍīϙċĺŘŪı Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 13 Packet Pg. 76 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS options consist of the following: A. Consultation Meetingsϟϙ>ÍèĖīĖťÍťôîϙîĖŜèŪŜŜĖĺĲϙťĺϙĺæťÍĖĲϙŜťÍħôēĺīîôŘϙŕôŘŜŕôèťĖŽôŜϙĺĲϙťēô >FϙıÍŕŜϙÍĲîϙîÍťÍϠϙÍĲîϙťĺϙŜŪŘċÍèôϙċÍĖŘϙēĺŪŜĖĲČϙĖŜŜŪôŜϙÍĲîϙèĺĲťŘĖæŪťĖĲČϙfactors, conduct prioritization exercises, and identify solutions and goals. B. Focus Groupsϟϙ>ĺèŪŜϙ@ŘĺŪŕŜϙſĖťēϙťÍŘČôťôîϙŕĺŕŪīÍťĖĺĲŜϙĖîôĲťĖƱôîϙæƅϙÍŘťĖèĖŕÍťĖĲČ Jurisdiction. C. Community Engagement Public Meetings. Walk-in format with interactive engagement stations, creating opportunities to share personal stories; suggest ideas for strengthening ĲôĖČēæĺŘēĺĺîŜϙÍĲîϙĖĲèŘôÍŜĖĲČϙÍèèôŜŜϙťĺϙĺŕŕĺŘťŪĲĖťƅϢϙŕŘĖĺŘĖťĖƏôϙèĺĲťŘĖæŪťĖĲČϙċÍèťĺŘŜϢϙÍĲî view and respond to AFH maps and data. "ϟ Pop-up Events. ĖťĖƏôĲϯèĺııŪĲĖťƅϙıôıæôŘϙôĲČÍČôıôĲťϙôŽôĲťŜϙīĺèÍťôîϙÍťϙċÍŘıôŘЍŜ markets, free community fairs, regular community meetings, or other community activities with ŜĖČĲĖƱèÍĲťϙċĺĺťϙťŘÍƯĖè îôŜĖČĲôîϙťĺϙĺƯôŘϙĺŕŕĺŘťŪĲĖťĖôŜϙċĺŘϙŕôĺŕīôϙťĺϙƱīī-out the resident survey, share ēĺŪŜĖĲČϙŜťĺŘĖôŜϠϙŘôŜŕĺĲîϙťĺϙıÍŕŜϙÍĲîϙîÍťÍϠϙÍĲîϯĺŘϙîĖŜèŪŜŜϙĲôĖČēæĺŘēĺĺîϙēĺŪŜĖĲČ issues. ēôϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙēÍŽôϙŜôīôèťôîϙÍîîĖťĖĺĲÍīϙċĺŘŪıϙĺŕťĖĺĲŜϙŪĲîôŘϙÍŜħϙ͘, ſēĖèēϙÍŘôϙĖĲîôŕôĲîôĲťϙĺċϙťēôϙèĺııŪĲĖťƅϙôĲČÍČôıôĲťϙĖĲϙÍŜħϙ͐. ēôŜôϙťÍŜħŜϙſĖīīϙæôϙîôèĖîôîϙæƅϙ ĖĲîĖŽĖîŪÍīϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙÍĲîϙĺĲťŘÍèťĺŘϙæÍŜôîϙĺĲϙĖĲîĖŽĖîŪÍīĖƏôîϙĲôôîŜϙċĺŘϙťēôϙ Participating JurisdictionϟϙĺĲťŘÍèťĺŘϙŜēÍīīϙèĺıŕīôťôϙÍŜħϙ͘ forum options for Participating VŪŘĖŜîĖèťĖĺĲŜϙæƅϙbĺŽôıæôŘϙ͒͏Ϡϙ͑͏24. Deliverables: Contractor shall facilitate additional community forums, which are independent of the èĺııŪĲĖťƅϙôĲČÍČôıôĲťϙĖĲèīŪîôîϙÍťϙÍŜħϙ͐ϠϙæƅϙbĺŽôıæôŘϙ͒͏Ϡϙ͑͏24, for Participation Jurisdictions that have selected them. Task 10 – Local Public Hearing and Adoption ĺĲťŘÍèťĺŘϙŜēÍīīϙŕŘôŕÍŘôϙŕŘôŜôĲťÍťĖĺĲϙıÍťôŘĖÍīŜϙÍĲîϙÍťťôĲîϙĺĲôϙϼ͐ϽϙŕŪæīĖèϙēôÍŘĖĲČ in-person and ĺĲôϙϼ͐ϽϙŕŪæīĖèϙēôÍŘĖĲČϙŽĖŘťŪÍīīƅ for each ÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲϙſēôŘôϙťēôϙ͑͏͑5-͒͏ Consolidated īÍĲϙĖŜϙèĺĲŜĖîôŘôîϙċĺŘϙÍîĺŕťĖĺĲϙæƅϙaÍƅ ͔͐Ϡϙ͑͏͑5ϟϙťÍƯϙċŘĺıϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙwill also attend, help facilitate if desired, assist in identifying a meeting location and promote attendance. Deliverables: Contractor shall prepare presentation materials, attend, and help facilitate the ͑͏͑5-͑͏͒͏ ĺĲŜĺīĖîÍťôîϙīÍĲϙēôÍŘĖĲČϙæƅ ŕŘĖīϙ͒͏Ϡϙ͑͏͑5, for each Participating Jurisdiction. Task 11 – eCon Planning Suite Upload ĺĲťŘÍèťĺŘϙŜēÍīīϙŜŪæıĖťϙťēôϙ>ĖĲÍīϙĺĲŜĺīĖîÍťôîϙīÍĲϙÍĲîϙĺııŪĲĖťƅϙīÍĲĲĖĲČϙÍĲîϙ"ôŽôīĺŕıôĲť ϼЊ"ЋϽϙaÍŕŜϙÍĲîϙťēôϙ´ôÍŘ-͐ϙèťĖĺĲϙīÍĲϙťĺϙF"ϙŪŜĖĲČϙťēôϙô-ĺĲϙīÍĲĲĖĲČϙťĺĺīϙťēŘĺŪČēϙF"ЍŜ I"IϙĺĲīĖĲôϙſôæŜĖťôϙæƅϙŕŘĖīϙ͒͏Ϡϙ͑͏͑5, for all Participating Jurisdictions. Contractor shall work with ÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϙťēÍťϙŘôèôĖŽôϙèĺııôĲťŜϙĺŘϙôîĖťŜϙæÍèħϙċŘĺıϙF"ϙÍĲîϙſĖīīϙÍŜŜĖŜťϙĖĲϙĺĲôϙϼ͐Ͻϙ Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 14 Packet Pg. 77 of 566 Attachment A: Root Policy Research, Inc ATTACHMENT A SECTION V: CONTRACT SPECIFICS round of edits in coordination with each Participating Jurisdiction. Participating Jurisdictions shall ŕŘĺŽĖîôϙťĖıôīƅϙÍèèôŜŜϙťĺϙI"Iϟ Deliverables: Contractor shall ŜŪæıĖťϙťēôϙ>ĖĲÍīϙĺĲŜĺīĖîÍťôîϙīÍĲϙŪŜĖĲČϙô-Con Planning tool and "ϙaÍŕŜϙÍĲîϙ´ôÍŘϙ͐ϙèťĖĺĲ īÍĲϙťēŘĺŪČēϙF"ЍŜϙI"IϙĺĲīĖĲôϙſôæŜĖťôϙæƅ ťēôϙF"ϙîôÍîīĖĲôϙĺċ May ͔͐Ϡϙ͑͏͑5. F"ϙŘôŗŪĖŘôîϙôîĖťŜϙſĖīīϙæôϙıÍîôϙſĖťēĖĲϙŜôŽôĲϙϼ͖ϽϙæŪŜĖĲôŜŜϙîÍƅŜϙĺċϙťēôϙôîĖťϙŘôŗŪôŜťŜϟ Task 12 – Additional Tasks Contractor shall meet with all Participating Jurisdictions and review any requested additional ťÍŜħŜϙÍĲîϙťēôϙťĖıôīĖĲôϙÍĲîϙæŪîČôťϙċĺŘϙôÍèēϙťÍŜħϟ Deliverables: ®ĖīīϙèĺıŕīôťôϙÍîîĖťĖĺĲÍīϙťÍŜħŜϙÍŜϙŘôŗŪôŜťôîϙæƅϙťēôϙÍŘťĖèĖŕÍťĖĲČϙVŪŘĖŜîĖèťĖĺĲŜϟϙ ŪŘŘôĲťϙŘôŗŪôŜťŜϙċĺŘϙÍîîĖťĖĺĲÍīϙťÍŜħŜϡ ēôϙĖťƅϙĺċϙaĺŪĲťÍĖĲϙ«ĖôſϙēÍŜϙŘôŗŪôŜťôîϙÍϙCon Plan with ÍϙċĺèŪŜϙĺĲϙŜťĺŘƅťôīīĖĲČϯϙċŘÍıĖĲČϙĖŜŜŪôŜϟϙīŪŜϠϙIĲîĖŽĖîŪÍīϙaôôťĖĲČŜϙſĖťēϙĺŪĲèĖīıôıæôŘŜϙċĺŘϙťēôĖŘϙ input on 5-ƅôÍŘϙČĺÍīŜϙϼťĺϙæôϙèĺĲƱŘıôîϽϟ ēôϙĖťƅϙĺċϙÍīĺϙīťĺϙēÍŜϙŘôŗŪôŜťôîϙÍîîĖťĖĺĲÍīϙŜôŘŽĖèôŜϙ ťēÍťϙĖŜϙîôťôŘıĖĲôîϙæƅϙťēôϙĖťƅϙťĺϙæôϙĲôèôŜŜÍŘƅϙċĺŘϙèĺıŕīôťĖĺĲϙĺċϙťēôϙĺĲŜĺīĖîÍťôîϙīÍĲϯĲĲŪÍīϙ èťĖĺĲϙīÍĲϠϙæŪťϙÍŘôϙĲĺťϙĖĲèīŪîôîϙſĖťēĖĲϙťēôϙèĺŕôϙĺċϙôŘŽĖèôŜϙîôŜèŘĖæôîϙĖĲϙÍŜħŜϙ͐-͐͐ϠϙŜŪèēϙÍŜϙϼťĺϙ æôϙèĺĲƱŘıôîϽϙŕŘôŕÍŘÍťĖĺĲϙĺċϙŜēĺŘťϙæŘĖôƱĲČϙıôıĺŜϙċĺŘϙîĖŜťŘĖæŪťĖĺĲϙťĺϙŜťÍħôēĺīîôŘŜϠϙĖĲîĖŽĖîŪÍīϙĺŘϙ ŜıÍīīϙČŘĺŪŕϙıôôťĖĲČϼŜϽϙſĖťēϙťēôϙFŪıÍĲϙôīÍťĖĺĲŜϙĺııĖŜŜĖĺĲϙ"@ϙîϙFĺèϙĺııĖťťôôϙ meıæôŘŜϙċĺŘϙĖĲŕŪťϙĺĲϙ͔-year goals, assistance with updating the Citizen Participation Plan, etc. ēôϙĖťƅϙıÍƅϙôīôèťϙťĺϠϙæŪťϙĖŜϙĲĺťϙŘôŗŪĖŘôîϙťĺϠϙÍŪťēĺŘĖƏôϙÍîîĖťĖĺĲÍīϙŜôŘŽĖèôŜϙŪŕϙťĺϙÍϙıÍƄĖıŪıϙ amount of compensation set forth for additional services in the contŘÍèťϙæŪîČôťϟϙēôŜôϙťÍŜħŜϙſĖīīϙ æôϙîĖŜèŪŜŜôîϙÍĲîϙèĺĲƱŘıôîϙſĖťēϙťēôϙĖĲîĖŽĖîŪÍīϙĤŪŘĖŜîĖèťĖĺĲŜϟ Participating Jurisdictions may choose a task during the development of their Consolidated Plan ťēÍťϙťēôƅϙēÍîϙĲĺťϙĖĲĖťĖÍīīƅϙÍĲťĖèĖŕÍťôîϟϙēôŜôϙťÍŜħŜϙÍŘôϙĲĺťϙèŪŘŘôĲťīƅϙĖîôĲťĖƱôîϟϙēôϙæŪîČôťϙēÍŜϙæŪĖīťϙ in contingency funding for these needs. Item 8 Attachment A - County Contract Scope of Services Item 8: Staff Report Pg. 15 Packet Pg. 78 of 566 AGENCY PROGRAM NAME START DATE END DATE PROJECT TYPE TOTAL PROGRAM CAPACITY FUNDING SOURCE(S) Phase 0. Project Initiation, Management & Admin FY25 TOTAL Palo Alto Share of Cost Project Kickoff Meeting—preparation and facilitation 4,342$ 4,342$ 543$ Bi‐weekly Meetings and Project Management 27,130$ 27,130$ 3,391$ Phase 1. Workshops, Data Compilation, & Engagement FY25 TOTAL Task 1. Regional Community & Stakeholder Workshops/ Forums 140,910$ 140,910$ See Breakdown below Task 2. Data Compilation and Cross‐Tabulation 76,533$ 76,533$ 9,567$ Task 3. Goals/ Visioning 4,560$ 4,560$ 570$ Phase 2. Housing & Community Needs Assessments FY25 TOTAL Task 4. Housing and Community Needs Assessment 24,711$ 24,711$ 3,089$ Phase 3. Development of Goals and Strategy FY25 TOTAL Preparation of Goals and Strategy 16,284$ 16,284$ 2,036$ Phase 4. Preparation of Draft Plans FY25 TOTAL Task 5. Draft Consolidated Plans 24,711$ 24,711$ 3,089$ Phase 5. Final Plans, Adoption, & eCon Plan Upload FY25 TOTAL Task 6. Final Consolidated Plans 8,462$ 8,462$ 1,058$ Task 7. Enhanced needs Assessment 45,938$ 45,938$ 5,742$ Task 8. Final Annual Action Plan 21,156$ 21,156$ 2,644$ Task 10. Public Hearings & Adoption of Plans 24,000$ 24,000$ 3,000$ Task 11. HUD submittal using eCon Planning Suite 16,249$ 16,249$ 2,031$ Additional Tasks FY25 TOTAL Additional Tasks: Task 9 and Task 12 49,565$ 49,565$ FY25 TOTAL Total before Line 14 is added 36,760$ PHASE 0‐5 EXPENSES TOTAL 434,986$ 434,986$ Total after Line 14 added 47,105$ ADDITIONAL TASKS EXPENSES TOTAL 49,565$ 49,565$ 4,710$ 10% Conting 51,815$ Total with 10 Community Engagement Detail: Breakdown of Line 14 Hours Costs Direct Costs Total Costs Refine Workplan and Community Kickoff 15 $2,850 $2,850 Review and Summarize Existing Plans and Initiatives for 8 Entitlement Jurisdictions 24 $4,560 $4,560 570$ Finalize Workplan and Develop Project Timeline 20 $3,800 $3,800 COMMUNITY ENGAGEMENT Develop Framework for Community Outreach and Engagement 45 $8,550 $8,550 Finalize and Launch Public Information and Outreach to Stakeholders List 80 $15,200 $10,000 $25,200 3,150$ Resident Survey: Online and paper in 3 languages (Root) 88 $16,720 $2,500 $19,220 2,403$ Social Media Outreach: Develop strategy and customizable tools and materials 50 $9,500 $3,000 $12,500 1,563$ Regional Community Workshops: Prep and facilitate 2 public meetin s 45 $8,550 $4,160 $12,710 Pop‐up Events: Prep and attend in‐person community member engagment events 96 $18,240 $12,000 $30,240 Stakeholder Consultation Meetings: Develop strategy, attend and/or hold three virtual meetings 48 $9,120 $0 $9,120 $1,140 Outreach Summary: Jursidiction engagement appendices 40 $7,600 $7,600 $950 GOALS/VISIONING Prepare and Submit Format for Community Workshops 8 $1,520 $1,520 190$ Review and Finalize Outreach Plan 16 $3,040 $3,040 380$ 575 $109,250 $31,660 $140,910 10,345$ Total for Line 1 OPTIONAL TASKS Optional: PR Firm Assistance for Media/Radio Outreach $5,500 $5,500 dditional stakeholder meetings/city‐specific stakeholder 60 11400 $1,500 $12,900 CDBG/ HOME Admin TOTAL PROGRAM BUDGET 484,551$ 484,551$ Root Policy Research, Inc. 2025‐2030 Consolidated Plan Consultant Date of executed signature 6/30/2025 Con Plan Develpoment, CDBG and HOME funds Item 8 Attachment B - County Contract Budget and Palo Alto Cost Breakdown Item 8: Staff Report Pg. 16 Packet Pg. 79 of 566 Additional in person meetings 6 $1,140 $250 $1,390 Additional virtual meetings 4 $760 $760 Additional public hearings‐‐virtua $1,200 $1,200 Additional public hearings‐‐in person 12 $2,400 $750 $3,150 Total projected by jurisdiction Direct Costs Cost Rate Task B.2 Community Organizations Stipends $10,000 Total Task B.3 ‐ Resident Survey Materials Translation (up to 2 languages) $0 Total for survey and annoucement text (0.30 per word) Print Materials $500 Total Task B.4 ‐ Social Media Outreach Materials Translation (up to 2 languages) $3,000 Total for social media graphics and language, press release, and related annoucement text (0.30 per word/$6 Task B.5 Materials Translation (up to 2 languages)$1,000 Total for up to 4 pages in 2 languages for materials for all workshops Event Interpretation Virtual Meeting $1,080 per meeting ($120 per hour Spanish, $150 Vietnamese or Chinese, minium 2 hours each x 2 people) Event Interpretation: Headsets and Tech (in‐person only) $600 per meeting Childcare (in‐person only) $400 per meeting Food (in‐person only) $100 per meeting Travel costs (in‐person only) $30 per meeting Total per in‐person meeting $3,210 per meeting Total per hybrid meeting $4,290 per meeting Task B.6 Stakeholder Consulatations ($120 per hour Spanish, $150 Vietnamese or Chinese, minium 2 hours each x 2 people) Virtual Meeting w. up to 2 languages $1,080 per meeting In‐person Meeting/Pop‐up Event w. up to 1 language, materials, travel $2,000 per meeting Danta Collective Spanish Translation and Interpretation Rates Normal Translation: Per‐word $0.11 Translation: per hour $65.00 Interpretation: per hour $115.00 /hr Item 8 Attachment B - County Contract Budget and Palo Alto Cost Breakdown Item 8: Staff Report Pg. 17 Packet Pg. 80 of 566 Page 1 of 7 Con Plan Revenue Agreement City of Palo Alto REVENUE AGREEMENT BETWEEN THE This Agreement is entered into by and between the County of Santa Clara (the “County”) and the City of Palo Alto (the “City”), individually, a “Party” and, collectively, the “Parties,” in order to provide funding for and establish roles, rights and responsibilities related to contracting with Root Policy Research, Inc. (“Root Policy”) for services related to preparation of the 2025-2030 Consolidated Plan (“Con Plan”). WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires recipients of Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) grants to prepare and submit a Consolidated Action Plan (Con Plan), which enables recipients to continue to receive annual CDBG and HOME funds; WHEREAS, the County and City each are recipients of CDBG and/or HOME funds; WHEREAS, the County and City each are required to prepare and submit a Con Plan; WHEREAS, a coordinated effort between the County and City in preparing the Con Plan would reduce costs and optimize community input; WHEREAS, the County took a lead role in inviting contractors to submit proposals to prepare the Con Plan for the County and Santa Clara County cities, including the City; WHEREAS, the County previously took a lead role in working with the City and other cities in Santa Clara County in selecting the contractor that prepared the prior Con Plan and entered into the agreement with contractor; WHEREAS, the City was invited to participate in the process of evaluating contractors’ proposals for preparation of the Con Plan; WHEREAS, the City seeks to leverage the County’s previous experience in contracting for Con Plan services; WHEREAS, on June 18, 2024, the County Board of Supervisors approved delegation of authority to the County Executive, or designee, to prepare and execute a Service Agreement with Root Policy for preparation of the Con Plan; Item 8 Attachment C - Revenue Agreement Between the County of Santa Clara and the City of Palo Alto for 2025-2030 Consolidated Plan Item 8: Staff Report Pg. 18 Packet Pg. 81 of 566 Page 2 of 7 Con Plan Revenue Agreement City of Palo Alto In consideration of the foregoing Recitals, and the mutual promises and covenants contained in this Agreement, the Parties agree as follows: AGREEMENT SECTION 1 TERM June 30, 2025, unless extended by mutual consent. SECTION 2 ROLES AND RESPONSIBILITIES $47,105 for services through June 30, 2025. Con Plan Additional Tasks shall not exceed $4,710. Invoices for the Con Plan will be billed in two installments. $51,815 for services through June 30, 2025. SECTION 3 MUTUAL INDEMNIFICATION Item 8 Attachment C - Revenue Agreement Between the County of Santa Clara and the City of Palo Alto for 2025-2030 Consolidated Plan Item 8: Staff Report Pg. 19 Packet Pg. 82 of 566 Page 3 of 7 Con Plan Revenue Agreement City of Palo Alto SECTION 4 TERMINATION Either party may terminate this Agreement with or without cause upon providing thirty (30) days’ prior written notice to the other party to the addresses set forth in Section 13 below. SECTION 5 CALIFORNIA PUBLIC RECORDS ACT The County and City are public agencies subject to the disclosure requirements of the California Public Records Act (“CPRA”). If a Party’s (the “Submitting Party”) proprietary information is contained in documents or information submitted to the other Party (the “Receiving Party”), and the Submitting Party’s claims that such information falls within one or more CPRA exemptions, the Submitting Party must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, the Receiving Party will make best efforts to provide notice to the Submitting Party prior to such disclosure. If the Submitting Party contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the Receiving Party is required to respond to the CPRA request. If the Submitting Party fails to obtain such remedy within the time the Receiving Party is required to respond to the CPRA request, Receiving Party may disclose the requested information. The City and County further agree that each shall defend, indemnify and hold each other harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by the other Party of a CPRA request for information arising from any representation, or any action (or inaction), by the indemnifying Party. SECTION 6 ASSURANCE Each Party represents and warrants that it has the authority to enter into this Agreement. SECTION 7 RELATIONSHIP Nothing contained in this Agreement shall be deemed or construed by the Parties or any third party to create the relationship of partners or joint ventures between the City and the County. SECTION 8 THIRD PARTY BENEFICIARIES This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties. SECTION 9 ENTIRE AGREEMENT This instrument contains the entire agreement between the Parties, and no statements, promises or inducements made by either Party or the designated agent of either Party that are not contained in this Agreement shall be valid or binding. SECTION 10 MODIFICATION Item 8 Attachment C - Revenue Agreement Between the County of Santa Clara and the City of Palo Alto for 2025-2030 Consolidated Plan Item 8: Staff Report Pg. 20 Packet Pg. 83 of 566 Page 4 of 7 Con Plan Revenue Agreement City of Palo Alto This Agreement may not be enlarged, modified, or altered, except if it is evidenced in writing, signed by the Parties and endorsed to this Agreement. SECTION 11 INSURANCE SECTION 12 SEVERABILITY SECTION 13 NOTICES SECTION 14 AMENDMENTS SECTION 15 CONFLICTS OF INTEREST; POLITICAL REFORM ACT Item 8 Attachment C - Revenue Agreement Between the County of Santa Clara and the City of Palo Alto for 2025-2030 Consolidated Plan Item 8: Staff Report Pg. 21 Packet Pg. 84 of 566 Page 5 of 7 Con Plan Revenue Agreement City of Palo Alto If applicable, in accepting this Agreement, City 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 this Agreement. City further covenants that, in the performance of this Agreement, it will not use any contractor or employ any person having such an interest. City, including but not limited to City’s employees, agents, and subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests. If the disclosure provisions of the Act are applicable to any individual providing service under the Agreement, City shall, upon execution of this Agreement, provide County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to City’s employees, agents and subcontractors, that could be substantively involved in “mak[ing] a governmental decision” or “serv[ing] in a staff capacity” and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of City’s service to County under this Agreement. City shall immediately notify County of the names and email addresses of any additional individuals later assigned to provide such service to County under this Agreement in such a capacity. City shall immediately notify County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to County. City shall ensure that all such individuals identified pursuant to this paragraph understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable conflict of interest and disclosure laws and regulations, and shall file Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement. SECTION 16 LEVINE ACT COMPLIANCE Item 8 Attachment C - Revenue Agreement Between the County of Santa Clara and the City of Palo Alto for 2025-2030 Consolidated Plan Item 8: Staff Report Pg. 22 Packet Pg. 85 of 566 Page 6 of 7 Con Plan Revenue Agreement City of Palo Alto SECTION 17 WAIVER 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 by a Party must be provided, in writing, and shall apply to the specific instance expressly stated. SECTION 18 GOVERNING LAW, VENUE This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara. SECTION 19 COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. SECTION 20 THIRD PARTY BENEFICIARIES This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties. SECTION 21 CONTRACT EXECUTION Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County. SECTION 22 ASSIGNMENT No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent of the other party. SECTION 23 ENTIRE AGREEMENT This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. Item 8 Attachment C - Revenue Agreement Between the County of Santa Clara and the City of Palo Alto for 2025-2030 Consolidated Plan Item 8: Staff Report Pg. 23 Packet Pg. 86 of 566 Page 7 of 7 Con Plan Revenue Agreement City of Palo Alto IN WITNESS WHEREOF, the Parties have caused this Agreement to be entered into as of the day and year of execution of this Agreement. COUNTY OF SANTA CLARA COUNTY OF SANTA CLARA CITY OF PALO ALTO Item 8 Attachment C - Revenue Agreement Between the County of Santa Clara and the City of Palo Alto for 2025-2030 Consolidated Plan Item 8: Staff Report Pg. 24 Packet Pg. 87 of 566 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Transportation Meeting Date: December 16, 2024 Report #:2411-3763 TITLE Approve a Grant Agreement with the Federal Highway Administration for the South Palo Alto Bikeways Demonstration Project for the receipt of $888,000 in Federal Funds and Requiring $222,000 in City Matching Funds over Four Years; CEQA status – not a project. RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute a funding agreement (attached) with the Federal Highway Administration (FHWA) for the South Palo Alto Bikeways Demonstration Project. The agreement will provide up $888,000 in funding, and the City will be required to match up to $222,000 or 20% of the actual project cost over four years. EXECUTIVE SUMMARY This item approves and authorizes the City Manager to execute a grant agreement (Attachment A) to receive $888,000 in funding from the Federal Highway Administration for the South Palo Alto Bikeways Demonstration Project. This project will use quick-build treatments to improve bikeways and crossings on East Meadow Drive (between Alma Street and Fabian Way) and Fabian Way (between East Meadow Drive and East Charleston Road). The City is responsible for a 20% matching portion of the total project cost ($222,000) that will be funded from the Safe Routes to School Capital Improvement Fund (PL-00026). The Safe Streets and Roads for All (SS4A) Planning and Demonstration Grant will also fund educational activities with community members and data collection/analysis to evaluate the project. The SS4A grant also includes funds to conduct the first update of Palo Alto’s Safety Action Plan. Item 9 Item 9 Staff Report Item 9: Staff Report Pg. 1 Packet Pg. 88 of 566 BACKGROUND 1 (BIL) established the new SS4A discretionary program with $5 billion in appropriated funds over 5 years. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The SS4A program supports the U.S. Department of Transportation’s National Roadway Safety Strategy2 and the goal of zero roadway deaths. •Planning and Demonstration Grants provide Federal funds to develop, complete, or supplement a comprehensive safety action plan. Having an Action Plan in place is the foundation of the SS4A grant program. The goal of an Action Plan is to develop a holistic, well-defined strategy to prevent roadway fatalities and serious injuries in a locality, Tribe, or region. The City was eligible for the SS4A Planning & Demonstration Grant because of our draft Safety Action Plan. •Implementation Grants provide Federal funds to implement projects and strategies identified in an Action Plan to address a roadway safety problem. Projects and strategies may be infrastructure, behavioral, and/ or operational activities. Applicants must have a qualifying Action Plan that meets the eligibility requirements to apply for Implementation Grants. 3 was released in early 2024, making available $1.261 billion for distribution. The City applied for a grant on April 4, 2024, for the South Palo Alto Bikeways Demonstration project and was notified of grant award on May 20, 2024. ANALYSIS 4 demonstration projects must use temporary infrastructure. This project will feature separated bike lanes using parked vehicles or flex posts as a barrier, buffered bike lanes, green bike lanes, 1 Infrastructure Investment and Jobs Act, 2021; https://www.congress.gov/bill/117th-congress/house- bill/3684/text#:~:text=SEC.%2024112.%20%3C%3E%20%20SAFE,135%20STAT.%20818%5D%5D 2 National Roadway Safety Strategy, U.S. Department of Transportation; https://www.transportation.gov/NRSS 3 Safe Streets for All Notice of Funding Opportunity, 2024; https://www.transportation.gov/grants/ss4a/fy24-nofo 4 Safe Streets for All, Planning and Demonstration Activities; https://www.transportation.gov/grants/ss4a/planning-and-demonstration-activities#demonstration-activity- requirements Item 9 Item 9 Staff Report Item 9: Staff Report Pg. 2 Packet Pg. 89 of 566 dashed green bike lanes at intersections, curb extensions using plastic delineators, bike boxes, and high visibility enhancements to existing crosswalks. Table 1. Schedule of Grant Activities Month and Year Phase Activities Dec 2024 Before Pilot Begin community notifications. Notify standing committees and Council. Jan 2025 Before Pilot Procure design contractor and construction contractor. Apr 2025 Before Pilot Collect vehicle, bicycle, & pedestrian counts. July 2025 Construction Start Begin Pilot Period Install quick-build pilot striping project. Oct 2025 & Feb 2026 Pilot Period: Outreach/Education Provide lessons & bike tours to school communities on how to navigate new infrastructure. Survey participating families. Apr & Sep 2026 Apr & Sep 2027 Pilot Period: Data Collection Collect vehicle, bicycle, & pedestrian counts and take photos. Collect near-miss data and survey users via QR codes on signage Dec 2027-Jan 2028 Pilot End: Evaluation Collect & analyze collision data. Analyze count, user survey, & near-miss data. Feb-Mar 2028 Update Safety Action Plan Reassess project prioritization, revisit project descriptions, & update project appendix/chapter content. Apr-Jun 2028 Approve Safety Action Plan Review & approval by standing committees & the City Council. Remove pilot infrastructure if unsuccessful. Item 9 Item 9 Staff Report Item 9: Staff Report Pg. 3 Packet Pg. 90 of 566 FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT 5 to host these bike rides. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: 5 Why Become a Cycling Educator?, The League of American Bicyclists; https://bikeleague.org/ridesmart/become- instructor/ Item 9 Item 9 Staff Report Item 9: Staff Report Pg. 4 Packet Pg. 91 of 566 1 of 19 1. Federal Award No. 2. Effective Date See No. 16 Below 3. Assistance Listings No. 20.939 4. Award To City of Palo Alto 250 Hamilton Avenue Office of Transportation, 5th Floor Palo Alto, CA 94301-2531 Unique Entity Id.: W1ZRG61RG5V7 TIN No.: 946000389 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 6. Period of Performance Award Date – 12/31/2029 7. Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: $888,000.00 $222,000.00 $0 $0 $1,110,000.00 8. Type of Agreement Grant 9. Authority Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) 10. Procurement Request No. [insert PR Number] 11. Federal Funds Obligated Base Phase: Pre-NEPA: $ 500,000 12. Submit Payment Requests To See Article 5. 14. Description of the Project This award will be used by the City of Palo Alto for a two-year demonstration project to improve bikeways and crossings on two congested school routes, and the City will conduct behavioral activities to teach adjacent communities on how to use the bike infrastructure. Findings will be used to update the Palo Alto Safety Action Plan. This is a phased agreement. 13. Accounting and Appropriations Data [insert data] RECIPIENT 15. Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Ed Shikada Title: City Manager FEDERAL HIGHWAY ADMINISTRATION 16. Signature of Agreement Officer ______________________________________ Signature Date Name: Title: Agreement Officer Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 5 Packet Pg. 92 of 566 2 of 19 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Palo Alto (the “Recipient”). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the South Palo Alto Bikeways Demonstration Project. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2024.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government- wide integrity and performance system. ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: South Palo Alto Bikeways Demonstration Project Application Date: 04/04/2024 2.2 Award Amount. SS4A Grant Amount: $888,000 2.3 Federal Obligation Information. Federal Obligation Type: Multiple Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 6 Packet Pg. 93 of 566 3 of 19 Obligation Condition Table Phase the Project Allocation of the SS4A Grant Obligation Condition Base Phase: Pre- NEPA $ 500,000 Phase 1: Final Design $ 50,000 The Recipient shall not expend any funds (Federal or non-Federal) for, seek reimbursement of eligible costs, or otherwise begin any part of the final design and construction of an Implementation Project unless and until: (1) The requirements of the National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (“NEPA”), Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f) (“NHPA”), and any other applicable environmental laws and regulations have been met; and (2) FHWA, or a State with applicable NEPA Assignment authority, has approved the NEPA document for the Project and provided the Recipient with a written notice that the environmental review process is complete; and (3) FHWA has obligated additional funds for this phase and notified the Recipient in writing that the Recipient may proceed to the next activity after NEPA approval, and the Recipient has acknowledged receipt in writing of FHWA’s notification. Recipient shall not proceed with any such activities until (2) and (3) as described in this section are met. Costs that are incurred before (2) and (3) as described in this section are met are not allowable costs under this agreement. Extent of activities that are permissible before NEPA is complete are those activities constituting “preliminary design” as specified in FHWA Order 6640.1A. Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 7 Packet Pg. 94 of 566 4 of 19 Obligation Condition Table Phase the Project Allocation of the SS4A Grant Obligation Condition Phase 2: Construction/ Demonstration Activity $ 338,000 The Recipient shall not expend any funds (Federal or non-Federal) for, seek reimbursement of eligible costs, or otherwise begin any part of the construction or final design and construction of an Implementation Project unless and until: (1) The requirements of the National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (“NEPA”), Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f) (“NHPA”), and any other applicable environmental laws and regulations have been met; and (2) FHWA, or a State with applicable NEPA Assignment authority, has approved the NEPA document for the Project and provided the Recipient with a written notice that the environmental review process is complete; and (3) FHWA has obligated additional funds for this phase and notified the Recipient in writing that the Recipient may proceed to the next activity after NEPA approval, and the Recipient has acknowledged receipt in writing of FHWA’s notification. Recipient shall not proceed with any such activities until (2) and (3) as described in this section are met. Costs that are incurred before (2) and (3) as described in this section are met are not allowable costs under this agreement. Extent of activities that are permissible before NEPA is complete are those activities constituting “preliminary design” as specified in FHWA Order 6640.1A. 2.4 Budget Period. Base Phase Budget Period: See block 6 on page 1 – 12/31/2029 Phase 1 Budget Period: 10/01/2025 – 12/31/2026 Phase 2 Budget Period: 10/01/2025 – 12/31/2029 2.5 Grant Designation. Designation: Planning and Demonstration Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 8 Packet Pg. 95 of 566 5 of 19 ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project’s Statement of Work. East Meadow Drive and Fabian Way are school routes and connections to employment centers and recreational opportunities. The South Palo Alto Bikeways Demonstration Project will pilot buffered and separated bike lanes and improved crossings on the two corridors using quick-build features, including separated bike lanes using parked vehicles or flex posts as a barrier, buffered bike lanes, green bike lanes, dashed green bike lanes at intersections, curb extensions using plastic delineators, bike boxes, and high visibility enhancements to existing crosswalks. The City of Palo Alto will conduct educational activities to educate nearby communities on how to use the pilot bike infrastructure. The pilot will last two years. Upon the completion of the demonstration, the City will update its Safety Action Plan. This will involve reassessing project prioritization, revisiting project descriptions, and updating the content to reflect the latest findings and recommendations. Planning and Demonstration Narrative: The project will be completed in three phases. Base Phase: Pre-NEPA: • Develop NEPA documentation and establish approval • Develop preliminary concept plan • Post-construction: Community engagement (including bike ride events and a survey), Data collection and analysis (including pedestrian, bicycle, and vehicle counts, crash data, survey results, and parking occupancy study); Presentations to local commissions and City Council; Update Safety Action Plan; Coordinate with consultant teams. Phase 1: Final Design: Develop final striping plan; Develop project specifications and estimates. Phase 2: Construction/Demonstration Activity: Striping of roadway and implementing bollards for protected bike lanes; Removal of infrastructure after demonstration project is over if unsuccessful. 3.2 Project’s Estimated Schedule. Demonstration Activity Schedule Milestone Schedule Date Planned NEPA Completion Date: 10/01/2025 Planned Construction Substantial Completion and Open to Public Use Date: 12/15/2029 Planned SS4A Final Report Date: 12/31/2029 Updated Action Plan Schedule Milestone Schedule Date Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 9 Packet Pg. 96 of 566 6 of 19 Planned Final Plan Publicly Available Date: 12/01/2028 Planned SS4A Final Report Date: 12/15/2029 3.3 Project’s Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $888,000.00 Local Funds: $222,000.00 Total Eligible Project Cost: $1,110,000.00 (b) Cost Classification Table – For Planning and Demonstration Grants with demonstration activities and Implementation Grants Only Cost Classification Total Costs Non-SS4A Previously Incurred Costs Eligible Costs Architectural and engineering fees $ 1,110,000.00 $ 0.00 $ 888,000.00 Project Total $ 1,110,000.00 $ 0.00 $ 888,000.00 (c) Indirect Costs Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding. ARTICLE 4 CONTACT INFORMATION 4.1 Recipient Contact(s). Sylvia Star-Lack Transportation Planning Manager City of Palo Alto 250 Hamilton Ave, Palo Alto, CA 94301 (650) 329-2546 sylvia.star-lack@cityofpaloalto.org Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 10 Packet Pg. 97 of 566 7 of 19 4.2 Recipient Key Personnel. Name Title or Position Katie Heuser Senior Transportation Planner, City of Palo Alto 4.3 USDOT Project Contact(s). Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-2822 SS4A.FHWA@dot.gov and Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-42, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-493-2402 HCFASS4A@dot.gov and Division Administrator – California Elissa Konove Agreement Officer’s Representative (AOR) 650 Capitol Mall, Ste. 4-100, Sacramento CA 95814-4708 (916) 498-5001 Hdaca@dot.gov and Mike Shami California Division Office Lead Point of Contact Safety/Operations Engineer 650 Capitol Mall, Ste. 4-100, Sacramento CA 95814-4708 (916) 498-5853 Mike.Shami@dot.gov Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 11 Packet Pg. 98 of 566 8 of 19 ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction. In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 12 Packet Pg. 99 of 566 9 of 19 (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement. 6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures. 6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Updated Action Plan will be made publicly available and agrees that it will publish the final Updated Action Plan on a publicly available website. 6.5 The Recipient of a Planning and Demonstration Grant that involves a demonstration activity agrees to provide an assessment of each demonstration activity and update the existing Action Plan, which will incorporate the information gathered in the Action Plan’s list of projects or strategies and/or inform another part of the existing Action Plan. The Recipient also agrees that demonstration activities are temporary in nature and must be removed and/or ended following the conclusion of the project if the assessment of the demonstration activities does not affirm that the activities provide safety benefits. 6.6 The Recipient acknowledges that it is required to conduct certain environmental analyses and to prepare and submit to FHWA, or State with applicable NEPA Assignment authority, documents required under NEPA, and other applicable environmental statutes and regulations before the Government will obligate funds for Option Phase 1 under this agreement and provide the Recipient with a written notice to proceed with Option Phase 1. 6.7 The Government’s execution of this agreement does not in any way constitute pre-approval or waiver of any of the regulations imposed upon Recipient under the applicable Federal rules, regulations and laws regarding SS4A projects undertaken in accordance with the terms and conditions of this agreement. The Recipient shall comply with all applicable Federal requirements before incurring any costs under this agreement. 6.8 There are no other special grant requirements. Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 13 Packet Pg. 100 of 566 10 of 19 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: East Meadow Drive between Alma Street and Fabian Way; Fabian Way between East Meadow Drive and East Charleston Road Baseline Measurement Date: 02/01/2026 Baseline Report Date: 04/01/2025 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency and Reporting Deadline Safety Performance Fatalities: Total annual fatalities in the project location(s) Annually and within 120 days after the end of the period of performance Safety Performance Serious Injuries: Total annual serious injuries in the project location(s) [if available] Annually and within 120 days after the end of the period of performance Safety Performance Crashes by Road User Category: Total annual crashes in the project location(s) broken out by types of roadway users involved (e.g., pedestrians, bicyclists, motorcyclist, passenger vehicle occupant, commercial vehicle occupant) Annually and within 120 days after the end of the period of performance Equity Percent of Funds to Underserved Communities: Funding amount (of total project amount) benefitting underserved communities, as defined by USDOT Within 120 days after the end of the period of performance Costs Project Costs: Quantification of the cost of each eligible project carried out using the grant Within 120 days after the end of the period of performance Outcomes and Benefits Quantitative Project Benefits: Quantification of evidence-based projects Within 120 days after the end of the Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 14 Packet Pg. 101 of 566 11 of 19 Measure Category and Description Measurement Frequency and Reporting Deadline or strategies implemented (e.g., miles of sidewalks installed, number of pedestrian crossings upgraded, etc.) period of performance Outcomes and Benefits Qualitative Project Benefits: Qualitative description of evidence-based projects or strategies implemented (e.g., narrative descriptions, testimonials, high-quality before and after photos, etc.) Within 120 days after the end of the period of performance Outcomes and Benefits Project Location(s): GIS/geo coordinate information identifying specific project location(s) Within 120 days after the end of the period of performance Lessons Learned and Recommendations Lessons Learned and Recommendations: Description of lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. Within 120 days after the end of the period of performance Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 15 Packet Pg. 102 of 566 12 of 19 ATTACHMENT B CHANGES FROM APPLICATION Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” after “Scope,” “Schedule,” or “Budget.” If there are changes to the budget, please complete the table below. Otherwise, leave the table below blank. Scope: N/A Schedule: Proposed end date defined in the grant application (SF-424) was listed as 06/05/2028. New end date is listed as 12/31/29 to account for time needed to complete the SS4A Final Report. Budget: The grant application allocated all federal funds to the “Contractual” category. The table below provides a summary comparison of the project budget. Fund Source Application Section 3.3 $ % $ % Previously Incurred Costs (Non-Eligible Project Costs) Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 16 Packet Pg. 103 of 566 13 of 19 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with “X” in the following table align with the application: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.) X The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. East Palo Alto, a city adjacent to Palo Alto, is comprised of 100% disadvantaged Census tracts. Over 640 East Palo Alto students attend Palo Alto public schools through the Voluntary Transfer Program. This project connects to the new US Highway 101 over-crossing at Adobe Creek, connecting East Palo Alto students and other residents to Palo Alto’s schools and resources. Enhancing infrastructure for East Palo Alto students is crucial due to longer travel distances and high collision risk. The South Palo Alto Bikeways Demonstration project will create new, safer walking and bicycling connections for this underserved community. Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 17 Packet Pg. 104 of 566 14 of 19 ATTACHMENT D CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with “X” in the following table align with the application: X The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) X The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) X The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 18 Packet Pg. 105 of 566 15 of 19 The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below. The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below. The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. The South Palo Alto Bikeways Demonstration Project supports the Palo Alto Sustainability and Climate Action Plan (S/CAP). This plan aims to reduce greenhouse gas emissions by 80 percent below 1990 levels by 2030. Improving the safety of people walking and biking on the study corridor will encourage a shift towards sustainable travel modes and reduce vehicle miles traveled, two of the S/CAP’s Mobility goals. This project will contribute to a wider City effort that encourages residents and visitors to walk and bike more to reduce vehicle emissions. In addition, this project supports a modal shift towards walking and biking. The South Palo Alto Bikeways Demonstration Project will improve Palo Alto’s network of low-stress routes so that people will be more likely to leave their car at home. This project is near several schools, and this project will work with the City’s Safe Routes to School program to ensure that families commuting to school are knowledgeable of the project and feel more comfortable to walk or bike, instead of driving. This project uses the transportation demand management strategy of increasing travel choices. Currently, some school families do not bicycle or walk to school because of safety concerns. This project will add safety features to the corridor, which will increase the number of people biking on this corridor, and thus reduce the demand for vehicle travel and resulting traffic congestion. Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 19 Packet Pg. 106 of 566 16 of 19 ATTACHMENT E LABOR AND WORKFORCE 1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application: The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 20 Packet Pg. 107 of 566 17 of 19 The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and f. maintaining robust anti-retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) X The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. The City of Palo Alto incorporates language from Caltrans Local Assistance Procedures Manual, Appendix 12-G1 into contracts for all federally-funded projects. As part of Appendix 12-G, the City follows prevailing wage and requirements for good-faith efforts with unions from contractors. For this project, which will be primarily conducted by consulting firms, relevant contracts will include language relating to nondiscrimination, unions, nonsegregated facilities, Davis-Bacon and Related Act Provisions, contract work hours and safety standards act provisions, subletting or assigning the contract, and safety and accident prevention as appropriate depending on the scope of work. 1 https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c12/12g.pdf Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 21 Packet Pg. 108 of 566 18 of 19 ATTACHMENT F CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE 1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats. The Recipient states that rows marked with “X” in the following table are accurate: X The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities. The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security. X For projects in floodplains: The Recipient appropriately considered whether the project was upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicit and Considering Stakeholder Input (80 FR 6425). 2. Supporting Narrative. This project will contract out to a vendor that uses video technology to collect bicycle, pedestrian, parking occupancy counts, and vehicular turning movement counts. It does not collect and retain audio, electronic, visual, location, and other personally identifiable information of persons or vehicles. These cameras are temporarily installed only during the data collection period and includes hang-tags visible from the street that read “TRAFFIC DATA CAMERA [SERVICE PROVIDER NAME] & [PHONE NUMBER]” listed on it at all times. The City has not received any complaints about video cameras. This technology provides the City with valuable traffic data; if count data were to be collected manually, it would be both more expensive and have greater room for error. This project is within the FEMA Special Flood Hazard Area Zone AE, with the Base Flood Elevation of 10.5. However, this project does not propose to construction any structures within the special flood hazard area. Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 22 Packet Pg. 109 of 566 19 of 19 ATTACHMENT G CIVIL RIGHTS AND TITLE VI 1. Recipient Type Designation. Recipient Type Designation: Existing Existing Award Program: 2022 SS4A: Palo Alto Safe Streets for All Action Plan Projects funded by Section 130 through Caltrans: Charleston Road/Alma Street Railroad Crossing Safety Improvements Churchill Avenue/Alma St Safety Improvement Project 2. Title VI Assessment Information. This section is not applicable because the Recipient Type Designation is “Existing.” Item 9 Attachment A - Grant Agreement Under the Fiscal Year 2024 Safe Streets And Roads For All Grant Program Item 9: Staff Report Pg. 23 Packet Pg. 110 of 566 5 4 9 0 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: December 16, 2024 Report #:2409-3488 TITLE Approval of Seven Professional Services Contracts C25192617, C24193306 - C24193311, with Safebuilt, LLC, Integrated Design 360, CSG Consultants, Inc., 4LEAF, Inc., True North Compliance Services, Inc., TRB and Associates, Inc., and West Coast Code Consultants, Inc. in the Aggregate Total Not-to-Exceed Amount of $4,000,000 for On-Call Development Services, Inspection, Plan Review, and Green Building Program Services for a Period of Four Years. CEQA Status: Not a Project. RECOMMENDATION Staff recommends that City Council approve and authorize the City Manager or designee to execute the following seven contracts1 to provide on-call inspection, plan review, and green building program services for a term of four years and an aggregate total amount not-to-exceed $4,000,000. Seven Professional Services Contracts include: C25192617 with Safebuilt, LLC; C25193306 with Integrated Design 360, LLC; C25193307 with CSG Consultants, Inc.; C25193308 with 4LEAF, Inc.; C25193309 with True North Compliance Services, Inc.; C25193310 with TRB and Associates, Inc.; and C25193311 with West Coast Code Consultants, Inc. BACKGROUND The Planning and Development Services (PDS) Department relies on the use of on-call service providers for project-specific expertise and application processing for development activity. In June 2020, the City Council approved2 six contracts for on-call inspection and plan review services, totaling $6 million over a four-and-a-half-year period. In taking this action the department noted it was requesting less contract authority than ultimately needed over shorter 1 Professional Services Contracts: C25192617 with Safebuilt, LLC; C25193306 with Integrated Design 360, LLC; C25193307 with CSG Consultants, Inc.; C25193308 with 4LEAF, Inc.; C25193309 with True North Compliance Services, Inc.; C25193310 with TRB and Associates, Inc.; C25193311 with West Coast Code Consultants, Inc.; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83180 2 City Council, June 22, 2020; Agenda Item #13, SR# 11255, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020/id-11255.pdf Item 10 Item 10 Staff Report Item 10: Staff Report Pg. 1 Packet Pg. 111 of 566 5 4 9 0 period of time than previously exercised due to the Covid-19 pandemic. This phased approach continues to be applied for the current set of contracts. 3, to increase the contract limit to $9.75 million through December 31, 2024. As these on-call contracts are set to expire on December 31, 2024, the City released a Request for Proposals (RFP) to ensure continuity of service in 2025. ANALYSIS Table 1: Summary of Request for Proposal Proposal Description 192617 On-Call Development Services Proposed Length of Project Number of Providers Notified Number of Proposal Packages Downloaded Total Days to Respond to Proposal Pre-Proposal Meeting Pre-Proposal Meeting Date Number of Proposals Received Proposal Price Range Public Link to Solicitation 3 City Council, November 27, 2023; Agenda Item #10, SR# 2311-2203, https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=a202e6f2-cf19-425a-bac3-fb2d228938b4 Item 10 Item 10 Staff Report Item 10: Staff Report Pg. 2 Packet Pg. 112 of 566 5 4 9 0 done previously. Each firm possesses the expertise to provide inspection and plan check services for building, fire, and/or green building; grouping the on-call contracts provides the Development Center with the flexibility needed to efficiently select the vendor best suited for any given project in a timely fashion. On-call providers allow the City to scale services up or down based on workload, staffing levels, technical expertise, and economic conditions. These resources also provide specialized expertise required for policy consideration as it relates to Council priorities. •Technical assistance with the City’s Green Building and Energy Codes. •Policy updates between code adoption cycles to reflect mid-cycle amendments. •Development of new Green Building and Energy Code Reach Codes for FY 2025 and FY 2026. •Implementation of updated program materials, including policies, templates, and training sessions for staff and the community. •Assignment for Project Continuity: For large or complex projects, a single contractor will be assigned to handle all related tasks, ensuring continuity and consistency in feedback throughout the project's lifecycle. •Standardized Guidance and Training: All contractors will receive standardized training materials, policies, and templates to use when providing feedback. •Quality Oversight: Staff will regularly review project communications and deliverables to ensure feedback provided by contractors aligns with City standards and expectations. •Conducting resume reviews to match service provider staff to specific project requirements. •Issuing individual task orders or work orders with defined project scopes. Item 10 Item 10 Staff Report Item 10: Staff Report Pg. 3 Packet Pg. 113 of 566 5 4 9 0 •Monitoring and verifying consultant timecards to ensure alignment with project deliverables including quality of work. •Processing and auditing invoices to confirm appropriate allocation of funds and compliance with contract terms. The current contract not-to-exceed amount of $9.75 million has been shared by a group of on- call professionals over a four-and-a-half-year period. Shared work included permit processing, plan check, inspection services, green building, as well as Inspector of Record work related to the new Public Safety Building and the Fire Prevention on-call program services. The proposed contract not-to-exceed of $4 million over a four-year period reflects a phased approach to contract management providing an opportunity to review spending, assess performance, and return to Council prior to contract lapse to update the not-to-exceed amount and determine whether renewal terms are warranted based on projected needs and evolving City priorities. FISCAL/RESOURCE IMPACT Use of consultants for specific assistance is an efficient and effective use of resources, allowing the Development Center to quickly access needed technical skills. The budget for these contracts is included in the PDS Department’s adopted budget. The use of contractors for planning work is contingent on (1) approved contracts with capacity to support the required scope; and (2) availability of funding in the Department’s approved budget. No budget increase is requested. No work will be assigned to consultants under these contracts unless there is sufficient operating budget to cover the costs. STAKEHOLDER ENGAGEMENT Professional planners and managers in the PDS Department participated in the development of this recommendation to support departmental workload. The work associated with these on-call contracts directly supports ongoing City Council priorities, which have been broadly shaped by robust community engagement processes, including workshops, public meetings, and stakeholder feedback. ENVIRONMENTAL REVIEW Council action on this item is not a project under the California Environmental Quality Act (CEQA) because the approval of the contract is an administrative activity that will not result in direct or indirect physical changes to the environment. CEQA Guidelines Section 15378(b)(2); 15378(b)(5). ATTACHMENTS Professional Services Contracts can be found here: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83180 APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 10 Item 10 Staff Report Item 10: Staff Report Pg. 4 Packet Pg. 114 of 566 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: December 16, 2024 Report #:2410-3591 TITLE Approval of Increase of Construction Contingency for Contract No. C24190072 with O’Grady Paving, Inc. in the Amount of $345,000 to Perform Additional Street Improvement Work on California Avenue and El Camino Real for Capital Improvement Program Projects PL-23000 and PL-12000; and Adoption of a Resolution Continuing the Closure of a Portion of California Avenue through 2025; CEQA Status – Categorically Exempt under CEQA Guidelines Sections 15301 and 15304 RECOMMENDATION Staff recommends that Council: 1. Authorize the City Manager or their designee to approve an increase of construction contingency for Contract No. C24190072 with O’Grady Paving, Inc. in an amount not to exceed $345,000 for a total contract contingency amount not to exceed $888,204; and 2. Adopt the attached resolution to continue the closure of the car-free portion of California Avenue through 2025. EXECUTIVE SUMMARY This funding will enable near-term street improvements to establish California Avenue as a car- free street including bicycle improvements at the California Avenue and El Camino Real intersection. The improvements will replace temporary barriers, enhance pedestrian and bicycle infrastructure, and create visually identifiable entrances at El Camino Real, Ash Street, and Birch Street. The proposed improvements align with Council direction to permanently close portions of California Avenue to vehicles while prioritizing pedestrian place-making, bicycle connectivity, and safety. Enhancements included in the O-Grady Paving, Inc. work include vehicle pavement markings removal, colored paving, two-way bicycle lanes, and bollards to restrict vehicle traffic yet permit emergency and service access. These improvements support long-term flexibility for future investments in California Avenue’s streetscape and will precede other work, such as installation of planters and plantings. Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 1 Packet Pg. 115 of 566 Stakeholder outreach was conducted from February to September 2024 engaging merchants, residents, and community groups. Feedback from these sessions informed the scope of improvements, addressing concerns to replace temporary barriers, improve wayfinding, and enhance California Avenue’s visibility as a business, outdoor dining, shopping, and pedestrian friendly and bicycle accessible destination. Lastly, the attached resolution will continue to authorize the City Manager to close the car-free portion of California Avenue to vehicular traffic through 2025. This will allow continuity while the general plan amendment and CEQA review necessary to close the street permanently are completed (anticipated for Spring 2025). BACKGROUND The Public Works Engineering Services Division manages construction contracts for concrete repair, preventive maintenance, resurfacing, and reconstruction of various City streets annually. On March 11, 2024, Council approved the Fiscal Year 2024 Asphalt Paving Project with O’Grady Paving, Inc.1 Temporary Street Closure The temporary closure of California Avenue began with the June 20, 2020 City Council approval of Resolution No. 9909 to temporarily close portions of California Avenue through Labor Day 2020 to allow outdoor dining and retail, including a temporary pilot parklet program in response to county and state regulations related to COVID-19 limits on indoor activities. The sunset date of temporary closures was extended several times since then by Council. In November 2023, Council directed staff on the future of California Avenue, including maintaining California Avenue as a car-free street with current areas of street closure to be made permanent; creating a two-way slow bike lane down the center of California Avenue in the car- free area; installing wayfinding signage on California Avenue primarily to promote retail businesses and events; and initiating a branding program based on the historic and contemporary strengths of the California Avenue/Mayfield District. Council last extended the temporary closure on November 6, 2023.2 On November 6, 2023, the Council provided input on near-term projects to advance the Council’s direction to maintain California Avenue as a car-free street with the current areas of street closure to be made permanent. Additionally, Council directed staff to work to direct pedestrian traffic to the sidewalks, create a two-way bicycle lane in the car-free area, install gateway and wayfinding signage, create a branding program, and conduct regularly scheduled street clean up and maintenance. Council approved Urban Field Studio (UFS) Contract Number C24118179 on December 18, 20233 and staff initiated development of near-term project 1 City Council, March 11, 2024; Agenda Item #8; SR #2401-2479 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82731 2 City Council, November 6, 2023; Agenda Item #9; SR #2309-2011 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82564 3 City Council, December 18, 2023, Agenda Item #13 Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 2 Packet Pg. 116 of 566 concepts to create identifiable, safe, and attractive entrances to the car-free portion of California Avenue at El Camino Real and at the Ash and Birch Street intersections. Enhancements to be constructed by O-Grady Paving, Inc, include vehicle pavement markings removal, colored paving, two-way bicycle lanes, and bollards to restrict vehicle traffic yet permit emergency and service access as shown in Attachment A. This work will precede installation of planters and planting by a separate contractor, Frank & Grossman. Caltrans Encroachment Permit On October 1, 2024, an Encroachment Permit application was submitted by the City of Palo Alto for improvements at the El Camino Real/California Avenue intersection. City and Caltrans staff have coordinated extensively over the past few months to define the scope of City and Caltrans intersection improvements to add colored stamped asphalt paving, reconfigured bicycle and travel lane markings, and associated changes in signage, signal loop detection for bicycles and vehicles, and signal head changes to advance the function and identity of California Avenue as a car-free street. Caltrans recently informed the City that they will not allow stamped crosswalks at this intersection and instead will require Caltrans standard crosswalks due to bicycle safety concerns. In November, Caltrans requested additional information regarding traffic operations, structural calculations, design standard exception documentation, intersection crash data and electrical documentation. Staff is coordinating with Caltrans to provide the requested information and navigate the permit issuance. Car Free California Avenue On December 18, 20234, the City Council approved an updated Urban Field Studio (UFS) contract to develop a Car-Free Streets Implementation Plan, advancing the Council’s direction to maintain California Avenue as a permanently car-free street. The consultant’s scope of work includes signage, branding, and wayfinding; outdoor patio guidelines and standards; street design concepts; cost estimation; and project management services. A California Avenue Signage and Wayfinding Plan is now complete, and a preliminary draft of outdoor dining guidelines and standards is scheduled for staff review early next year. Street design alternatives to transform California Avenue into a vibrant, permanently car-free destination, are in development and will emphasize pedestrian and bicycle accessibility, including a two-way bike route down the street, outdoor dining, public gathering spaces, landscaping, seating, and streetscape elements. The car-free designation will permanently prohibit vehicle traffic, with limited access for emergency, utility, and service vehicles, as well as time-restricted use for Sunday Farmers’ Market activities, deliveries, and loading. Staff will https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82608 4 City Council, December 18, 2023, Agenda Item #13, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82608 Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 3 Packet Pg. 117 of 566 return to Council in early 2025 with additional updates. Council action to amend the Comprehensive Plan and associated CEQA action is anticipated in Spring 2025. ANALYSIS •Prohibit vehicle traffic on the closed portion of California Avenue, yet enable restricted vehicle access for emergency, utility, maintenance, trash, street cleaning, California Avenue Farmers’ Market, and service vehicles. •Prioritize pedestrian place-making by creating an identifiable entrance to California Avenue as a car-free street and ensuring a safe buffer from the high volume and speed of vehicle traffic on El Camino Real and vehicles on Ash Street and Birch Street. •Introduce two-way bicycle infrastructure at the El Camino Real and Birch Street intersections linking the closed portion to the class II bike lanes to the west and narrows to the east. •Avoid and minimize impacts to below grade utilities. •Create a solution that supports future investment to adapt or reimagine the street long- term. Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 4 Packet Pg. 118 of 566 FISCAL/RESOURCE IMPACT Table 1: Funding Allocation Funding Source Contingency Amount Total $345,000 STAKEHOLDER ENGAGEMENT •February: staff and UFS met with merchants to launch the plan and address priority concerns, including removing temporary barriers, improving cleaning and maintenance, enhancing wayfinding and signage to signal that California Avenue is "open for business" from El Camino Real, and replacing existing barrier covers. •March: an in-person workshop gathered input on place identity, branding, wayfinding, and signage. •April: staff and UFS met on-site with merchants to discuss street design goals and preferences. Feedback also informed near-term improvements at key intersections, including El Camino Real, Ash Street, and Birch Street, using elements such as colored paving, planters, signage, and bollards. •May: staff, UFS, and Kimley-Horn worked with merchants to address unmet circulation and access needs, focusing on parking areas, Jacaranda Lane, Mayfield Lane and Ash Street. •July: a merchant workshop focused on preferences for outdoor dining standards adapted to California Avenue’s unique car-free context. •Staff continued to meet and update California Avenue merchants throughout October and November, ensuring their voices remained central to the planning process. Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 5 Packet Pg. 119 of 566 Community and Resident Engagement •May and June: staff engaged with residents at the Evergreen Park neighborhood block party and the 3rd Thursday open house. Key themes included preferences for street design elements, concerns about vacancies, pedestrian and bicycle safety, and support for the Farmers’ Market. •June to August: an online survey received 940 responses, offering valuable insights into community preferences for street design elements, bicycle lanes, and place identity signage. •August to September: staff engaged with Palo Alto Neighborhoods, the Pedestrian and Bicycle Advisory Committee, California Avenue Farmers’ Market representatives, and merchants to gather additional feedback on street design elements and near-term improvements. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 6 Packet Pg. 120 of 566 Techcu El C a m i n o R e a l 2 5 5 6 9 3 1 1 8 8 BOLLARD FOOTING LOCATION EXISTING 19 ' BO L L A R D FO O T I N G 25' CROSS WALK TO REMAIN EXISTING CROSS WALK TO REMAIN 4 9 9 9 2 3 7'-6" 7 CURB FACE 5' - 6 " 5' - 6 " 4' 4' 15' 7'-6" 1'-6" TYP. 2' 1' 2' 3 10 10 2' 11 12 1 CONSTRUCTION LEGEND SYMBOL DESCRIPTION 25' WIDE RED BRICK STAMPED ASHALT PAVING - PATTERN XD BY ENNIS FLINT PATTERN COLOR SANTA FE CLAY 2 6 - 72" SQ. BY 36" TALL FIBERGLASS PLANTERS TYPE: CARDIFF SQUARE CF7236 BY 'OLD TOWN FIBERGLASS' 714.633.3732 - PROVIDED BY OTHERS 3 4 - 30" SQ. BY 30" TALL FIBERGLASS PLANTERS TYPE: CARDIFF SQUARE CF3030 BY 'OLD TOWN FIBERGLASS' 714.633.3732 - PROVIDED BY OTHERS 4 NEW MONUMENT SIGN BY CUSTOM SIGN FABRICATOR CONTACT WILLIE AT CUSTOM SIGNS 408.561.9226 - PROVIDED AND INSTALLED BY OTHERS 5 2 WAY CYCLE TRACK (BOTH DIRECTIONS) - GREEN THERMOPLAST PAVING MARKINGS WITH BIKE LANE MARKINGS IN WHITE 6 3 - RETRACTABLE STAINLESS STEEL BOLLARD MODEL #XX-S060-XX BY 1-800-BOLLARDS DETAILS DETAIL D SHEET DETAIL 2 7 REMOVAL OF CONCRETE SIGNAGE, COBBLE STONE BASE, AND FOOTING NOT INCLUDED IN THIS SCOPE OF WORK - PERFORMED BY OTHERS 8 GRIND 1/2" DEPTH OF EXISTING ASPHALT PAVING SURFACE AND INSTALL NEW 1/2" ASPHALT PAVING OVERLAY DETAIL B SHEET DETAIL 1 9 RELOCATE EXISTING LANDSCAPE BOULDERS TO BOULWARE PARK AT 777 FERNANDO AVE. - PERFORMED BY OTHERS 10 12" WHITE THERMOPLASTIC BAND 11 CUSTOM R11-2 SIGNAGE ("ROAD CLOSE TO VEHICLES, OPEN TO BIKE AND PED.") 12 ADDITIONAL BIKE SIGNAGE POSSIBLE ALT. El Camino Intersection Improvements (Eastside)scale: 1" = 16' California Avenue Street Improvements Item 11 Attachment A - California Avenue Improvements Plan Item 11: Staff Report Pg. 7 Packet Pg. 121 of 566 Ash Street BOLLARD FOOTING LOCATION 2' 1 2 4 EX I S T I N G CR O S S WA L K T O RE M A I N 20' 5' - 6 " 4' 4' 13 ' - 3 " 13 ' - 3 " 8'12' CURB FACE 5 3 18'24'6'-6"66'20' 2' 9' 16 ' 9' 2' 8'18'30'-6"44'12'-6"2'20' 115' 122'-6" 5' WHEEL STOP FIRE LANE WITH ADA DROP OFF 6 CONSTRUCTION LEGEND SYMBOL DESCRIPTION DETAILS 1 20' WIDE RED BRICK STAMPED ASHALT PAVING - PATTERN HO BY ENNIS FLINT PATTERN COLOR SANTA FE CLAY DETAIL 'X' SHEET L-XX 2 4 - 40" DIA. BY 20" TALL FIBERGLASS PLANTERS TYPE: MATRIX ML4020 BY 'OLD TOWN FIBERGLASS' 714.633.3732. PLANTERS NOT IN THIS SCOPE OF WORK AND TO BE PROVIDED BY OTHERS 3 4 - 60" DIA. BY 40" TALL FIBERGLASS PLANTERS TYPE: MATRIX ML6040 BY 'OLD TOWN FIBERGLASS' 714.633.3732. PLANTERS NOT IN THIS SCOPE OF WORK AND TO BE PROVIDED BY OTHERS SYMBOL DESCRIPTION DETAILS 4 12" WHITE THERMOPLASTIC BAND5 2 - RETRACTABLE STAINLESS STEEL BOLLARD MODEL #XX-S060-XX BY 1-800-BOLLARDS 6 CUSTOM R11-2 (ROAD CLOSED TO VEHICLES, OPEN TO BIKE AND PED), ON POST BETWEEN CROSSWALK AND PLANTERS Ash Street Intersection Improvements California Avenue Street Improvements scale: 1" = 16' Item 11 Attachment A - California Avenue Improvements Plan Item 11: Staff Report Pg. 8 Packet Pg. 122 of 566 Bi r c h S t r e e t EXISTING CROSS WALK TO REMAIN 1 3 2 BOLLARD FOOTING LOCATION 2' 4' 4' 13 ' - 6 " BO L L A R D FO O T I N G 4 7 7 CURB FACE 1 26' 13 ' - 6 " BO L L A R D FO O T I N G 13' 10 ' - 6 " 5' - 6 " 2' 5 6 2 4' 4' 5' - 6 " 18' 26' 13' 41' 59' 8 9 10 CONSTRUCTION LEGEND SYMBOL DESCRIPTION DETAILS 1 5' WIDE BY 26' LONG BIKE LANE (BOTH DIRECTIONS) - GREEN THERMOPLAST PAVING MARKINGS WITH BIKE LANE MARKINGS IN WHITE 2 4 - RETRACTABLE STAINLESS STEEL BOLLARD MODEL #XX-S060-XX BY 1-800-BOLLARDS DETAIL 'X' SHEET L-XX 3 4 - 60” DIAMETER, 40” TALL FIBERGLASS PLANTERS TYPE: MATRIX ML6040 BY 'OLD TOWN FIBERGLASS' 714.633.3732. PLANTERS NOT IN THIS SCOPE OF WORK AND TO BE PROVIDED BY OTHERS 4 7 - 40” DIAMETER, 20” TALL FIBERGLASS PLANTERS TYPE: MATRIX ML4020 BY 'OLD TOWN FIBERGLASS' 714.633.3732. PLANTERS NOT IN THIS SCOPE OF WORK AND TO BE PROVIDED BY OTHERS DETAIL 'X' SHEET L-XX DETAIL 'X' SHEET L-XX SYMBOL DESCRIPTION DETAILS 18' WIDE RED BRICK STAMPED ASHALT PAVING - PATTERN XD BY ENNIS FLINT PATTERN COLOR SANTA FE CLAY 12" WHITE THERMOPLASTIC BAND 5 6 7 GRIND 1/2" DEPTH OF EXISTING ASPHALT PAVING SURFACE AND INSTALL NEW 1/2" ASPHALT PAVING OVERLAY 8 MUTCD SIGN W6-1 9 STOP SIGN ON BACK OF STREET LIGHT FACING WEST 10 CUSTOM R11-2 (ROAD CLOSED TO VEHICLES, OPEN TO BIKE AND PED), ON POST BETWEEN CROSSWALK AND PLANTERS Birch Street Intersection Improvements California Avenue Street Improvements scale: 1" = 16' Item 11 Attachment A - California Avenue Improvements Plan Item 11: Staff Report Pg. 9 Packet Pg. 123 of 566 COVER SHEET California Avenue Street Improvements 1.2022 CBC CHAPTER 35: PROVIDE ALL THE APPLICABLE/ADOPTED STANDARDS. WHERE A PARTICULAR STANDARD IS REFERENCED IN THE CODE BUT DOES NOT APPEAR AS AN ADOPTED STANDARD IT MAY STILL BE USED. APPLY ONLY THE PORTION OF THE STANDARD THAT IS APPLICABLE TO THE CODE SECTION WHERE THE STANDARD IS REFERENCED, NOT THE ENTIRE STANDARD. 2022 BUILDING STANDARDS ADMINISTRATIVE CODE, PART 1, TITLE 24 C.C.R. 2022 CALIFORNIA BUILDING CODE (CBC), PART 2, TITLE 24 C.C.R. 2022 CALIFORNIA ELECTRICAL CODE (CEC), PART 3, TITLE 24 C.C.R. 2022 CALIFORNIA ENERGY CODE, PART 6, TITLE 24 C.C.R. 2022 CALIFORNIA EXISTING BUILDING CODE, PART 10, TITLE 24 C.C.R. 2022 CALIFORNIA REFERENCED STANDARDS, PART 12, TITLE 24 C.C.R. LIST OF FEDERAL CODES AND STANDARDS (IF APPLICABLE) AMERICANS WITH DISABILITIES ACT (ADA), TITLE II OR TITLE III FOR TITLE II: UNIFORM FEDERAL ACCESSIBILITY STANDARDS (UFAS) 28 CFR 35.151(c) OR ADA STANDARDS FOR ACCESSIBLE DESIGN (APPENDIX A OF 28 CFR PART 36) FOR TITLE III: ADA STANDARDS FOR ACCESSIBLE DESIGN (APPENDIX A OF 28 CFR PART 36) 28 CFR 36.406 2010 AMERICANS WITH DISABILITIES ACT (ADA) STANDARDS FOR ACCESSIBLE DESIGN NOTE: TITLE II APPLIES TO PROJECTS FUNDED AND/OR USED BY STATE AND LOCAL GOVERNMENT SERVICES. TITLE III COVERS PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES. DEPENDING ON THE USE AND FUNDING, BOTH TITLE MAY APPLY TO THE PROJECT. NFPA 13 AUTOMATIC SPRINKLER SYSTEMS 2022 EDITION NFPA 14 STANDPIPE SYSTEMS 2022 EDITION NFPA 17 DRY CHEMICAL EXTINGUISHING SYSTEMS 2022 EDITION NFPA 17A WET CHEMICAL EXTINGUISHING SYSTEMS 2022 EDITION NFPA 20 STATIONARY FIRE PUMPS 2022 EDITION NFPA 24 PRIVATE FIRE SERVICE MAINS 2022 EDITION NFPA 72 NATIONAL FIRE ALARM AND SIGNALING CODE (CALIFORNIA AMENDED)2022 EDITION (NOTE SEE UL STANDARD 1971 FOR "VISUAL DEVICES") NFPA 253 CRITICAL RADIANT FLUX OF FLOOR COVERING SYSTEMS 2022 EDITION NFPA 2001 CLEAN AGENT FIRE EXTINGUISHING SYSTEMS 2022 EDITION ASME 17.1 ELEVATOR STANDARD 2022 EDITION REFERENCE CODE SECTIONS FOR APPLICABLE STANDARDS - 2022 CALIFORNIA BUILDING CODE (FOR SFM) REFERENCED STANDARDS CHAPTER 35 ADA STANDARD FOR ACCESSIBLE DESIGN (APPENDIX A OF 28 CFR PART 36) THE INTENT OF THESE DRAWINGS AND SPECIFICATIONS IS THAT WORK OF THE ALTERATION, REHABILITATION OR RECONSTRUCTION IS TO BE IN ACCORDANCE WITH TITLE 24, CALIFORNIA CODE OF REGULATIONS. SHOULD ANY EXISTING CONDITIONS SUCH AS DETERIORATION OR NON-COMPLYING CONSTRUCTION BE DISCOVERED WHICH IS NOT COVERED BY THE CONTRACT DOCUMENTS WHEREIN THE FINISHED WORK WILL NOT COMPLY WITH TITLE 24, CALIFORNIA CODE OF REGULATIONS, A CHANGE ORDER, OR A SEPARATE SET OF PLANS AND SPECIFICATIONS, DETAILING AND SPECIFYING THE REQUIRED WORK SHALL BE SUBMITTED TO AND APPROVED BY THE OWNER REPRESENTATIVE BEFORE PROCEEDING WITH THE WORK. ALL DESIGNS, DOCUMENTS, AND PLANS SHOWN IN THIS DRAWING ARE OWNED BY AND THE PROPERTY OF THE CITY OF PALO ALTO AND WERE CREATED, AND DEVELOPED FOR USE WITH THE SPECIFIED PROJECT. WRITTEN PERMISSION BY THE CITY OF PALO ALTO IS REQUIRED TO USE THESE PLANS FOR OTHER PURPOSES. Know what's before you dig.CallR WARNING FOR MARKING PRIOR TO DIGGING PHONE: 811 EXISTING UNDERGROUND UTILITIES CONTACT: UNDERGROUND SERVICE ALERT CAUTION 1.COMPOSITE BASE SHEET: THE PROPOSED IMPROVEMENTS SHOWN ON THESE DRAWINGS ARE SUPERIMPOSED ON A BASE SHEET. THIS BASE SHEET IS COMPILED FROM THE TOPOGRAPHIC SURVEY, AND OTHER ARCHITECTURAL AND/OR ENGINEERING DOCUMENTS. THE CITY SHALL NOT BE HELD LIABLE FOR CHANGES, INACCURACIES, OMISSIONS, OR OTHER ERRORS ON THESE DOCUMENTS. THE COMPOSITE BASE SHEET IS PROVIDED AS AN AID ONLY AND THE CONTRACTOR SHALL BE RESPONSIBLE FOR REVIEWING THESE DOCUMENTS AND INCORPORATING/INTEGRATING ALL CONSTRUCTION AS REQUIRED TO ACCOMMODATE. 2.UTILITIES: PRIOR TO CONSTRUCTION, THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING THE PALO ALTO UTILITIES COMPANIES INVOLVED AND REQUESTING A VISUAL VERIFICATION OF THE LOCATIONS OF THEIR UNDERGROUND FACILITIES. THE CONTRACTOR OR ANY SUBCONTRACTOR FOR THIS CONTRACT SHALL NOTIFY MEMBERS OF THE U.S.A. 5 DAYS IN ADVANCE OF PERFORMING EXCAVATION WORK BY CALLING THE TOLL-FREE NUMBER (800) 642-2444. EXCAVATION IS DEFINED AS BEING 18 OR MORE INCHES IN DEPTH BELOW THE EXISTING SURFACE. THE CONTRACTOR IS CAUTIONED THAT ONLY EXCAVATION WILL REVEAL THE TYPES, EXTENT, SIZES, LOCATION, AND DEPTHS OF SUCH UNDERGROUND UTILITIES. HOWEVER, THE CONSULTANT CAN ASSUME NO RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ITS DELINEATION OF SUCH UNDERGROUND UTILITIES, NOR FOR THE EXISTENCE OF OTHER BURIED OBJECTS OR UTILITIES WHICH ARE NOT SHOWN ON THESE DRAWINGS. 3.ALL MATERIALS AND WORKMANSHIP SHALL CONFORM TO THE CITY'S STANDARD DETAILS, STANDARD SPECIFICATIONS, AND GENERAL REQUIREMENTS. 4.CITY WILL PROVIDE PERMITS WHEN APPLICABLE. 5.IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATION OF ALL EXISTING UTILITIES WITH THE APPROPRIATE UTILITY AGENCIES PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. CONTRACTOR SHALL NOTIFY ALL PUBLIC AND PRIVATE UTILITY OWNERS 48 HOURS PRIOR TO COMMENCEMENT OF WORK ADJACENT TO THE UTILITY. CONTACT UNDERGROUND SERVICE ALERT (USA) AT 811 OR 800-227-2600. 6.ANY WORK IN THE PUBLIC RIGHT OF WAY SHALL CONFORM TO CITY STANDARD DETAILS AND SPECIFICATIONS. 7.ALL MANHOLES, VALVE BOXES, MONUMENT BOXES, AND OTHER STRUCTURES IN THE PAVEMENT AREA SHALL BE ADJUSTED TO FINISH GRADE BEFORE PAVING FINAL LIFT. 8.GRADE BREAKS ON CURBS AND SIDEWALKS ARE TO BE ROUNDED OFF ON FORM WORK AND FINISHED SURFACING. 9.ALL SURPLUS AND UNSUITABLE MATERIAL SHALL BE REMOVED FROM PUBLIC RIGHT-OF-WAY. 10.CONTRACTOR SHALL PROVIDE ADEQUATE DUST CONTROL AND KEEP MUD AND DEBRIS OFF THE PUBLIC RIGHT-OF-WAY AT ALL TIMES. 11.ALL TRENCHES AND EXCAVATIONS SHALL BE CONSTRUCTED IN STRICT COMPLIANCE WITH THE APPLICABLE SECTIONS OF CALIFORNIA AND FEDERAL O.S.H.A. REQUIREMENTS AND OTHER APPLICABLE SAFETY ORDINANCES. CONTRACTOR SHALL BEAR FULL RESPONSIBILITY FOR TRENCH SHORING DESIGN AND INSTALLATION. 12.EXISTING UTILITIES SHOWN ARE BASED UPON RECORD INFORMATION AND ARE APPROXIMATE IN LOCATION AND DEPTH. THE CONTRACTOR SHALL POTHOLE ALL EXISTING UTILITIES THAT MAY BE AFFECTED BY NEW FACILITIES IN THIS CONTRACT, VERIFY ACTUAL LOCATION AND DEPTH, AND REPORT POTENTIAL CONFLICTS TO THE ENGINEER PRIOR TO EXCAVATING FOR NEW FACILITIES. 13.CONTRACTOR SHALL PERFORM HIS CONSTRUCTION AND OPERATION IN A MANNER, WHICH WILL NOT ALLOW HARMFUL POLLUTANTS TO ENTER THE STORM DRAIN SYSTEM. TO ENSURE COMPLIANCE , THE CONTRACTOR SHALL IMPLEMENT THE APPROPRIATE BEST MANAGEMENT PRACTICE (BMP) AS OUTLINED IN THE BROCHURES ENTITLED "BEST MANAGEMENT PRACTICE FOR THE CONSTRUCTION INDUSTRY" ISSUED BY THE SANTA CLARA VALLEY NONPOINT SOURCE POLLUTION CONTROL PROGRAM, TO SUIT THE CONSTRUCTION SITE AND JOB CONDITION. 14.OVERNIGHT PARKING OF CONSTRUCTION EQUIPMENT IN THE PUBLIC RIGHT-OF-WAY SHALL NOT BE PERMITTED, EXCEPT AT LOCATION(S) APPROVED BY THE CITY TRAFFIC ENGINEER. 15.REFER CITY STANDARD DETAILS FOR BASE UNDER CURB AND GUTTER AND PAVED SECTIONS. 16.NEAR COMPLETION OF THE PROJECT, CONTRACTOR SHALL REPLACE ADJOINING INFRASTRUCTURE DAMAGED DURING THE PROJECT CONSTRUCTION WORK. INCLUDING BUT NOT LIMITED TO: SIDEWALKS, CURB AND GUTTER, STREET ASPHALT, UTILITIES, LANDSCAPE AND IRRIGATION. 17. CONTRACTOR TO PROVIDE TRAFFIC CONTROL PLANS IF REQUESTED BY THE CITY'S TRANSPORTATION DEPARTMENT. PLANS TO INCLUDE ALL SIGNAGE AND BARRIERS USED AND REVISED PER CITY COMMENTS UNTIL APPROVED. 18.CONTRACTOR TO PROVIDE A THIRD PARTY SAFETY INSPECTION AUDIT TO THE CITY OF PALO ALTO UPON COMPLETION OF THE PLAYGROUND CONSTRUCTION. PLAYGROUND TO REMAIN CLOSED UNTIL PLAYGROUND REPORT IS SUBMITTED AND PASSES ALL CODES AND REGULATIONS. CITY OF PALO ALTO PUBLIC WORKS STANDARD DRAWINGS & SPECIFICATIONS PALO ALTO MUNICIPAL CODE (PMC) CALIFORNIA BUILDING CODE (CBC) 2022 AASHTO LRFD ASCE 7 CAL/OSHA GENERAL NOTES SHEETS SHEET INDEX: EL CAMINO INTERSECTION EAST ASH STREET INTERSECTION BIRCH STREET INTERSECTION DETAIL SHEET Item 11 Attachment B - California Avenue Landscape Improvements Plan Item 11: Staff Report Pg. 10 Packet Pg. 124 of 566 Techcu El C a m i n o R e a l 1 3 4 2 EXISTING CROSS WALK TO REMAIN EXISTING CROSS WALK TO REMAIN 4 4 7'-6" 1 2 2 7'-6" 3 4 4 CH CH G G G G G G G G AA AAAA R R R AA AAAA R R R DL DL G G +++ +++ + +++ ++++ = = LO LO LO LO == = = QC 78' - 1" SCH. 40 PVC CONNECT QUICK COUPLER WATER LINE AT THIS LOCATION INSTALL NEW 1" QUICK COUPLER5 SYMBOL DESCRIPTION 1 6 - 72" SQ. BY 36" TALL FIBERGLASS PLANTERS TYPE: CARDIFF SQUARE CF7236 BY 'OLD TOWN FIBERGLASS' 714.633.3732 2 4 - 30" SQ. BY 30" TALL FIBERGLASS PLANTERS TYPE: CARDIFF SQUARE CF3030 BY 'OLD TOWN FIBERGLASS' 714.633.3732 DETAILS 3 REMOVE EXISTING CONCRETE SIGNAGE, COBBLE STONE BASE AND FOOTING PHOTO THIS SHEET 4 RELOCATE EXISTING LANDSCAPE BOULDERS TO BOULWARE PARK AT 777 FERNANDO AVE. CONSTRUCTION LEGEND - CAL. AVE. WEST OF EL CAMINO DETAIL SHEET #1 5 INSTALL NEW 1" RAINBIRD QUICK COUPLER IN ROUND PLASTIC BOX DETAIL SHEET #1 DETAIL SHEET #2 El Camino Intersection Improvements (Eastside)scale: 1" = 16' California Avenue Street Improvements Existing Cal. Ave. sign to be demolished Item 11 Attachment B - California Avenue Landscape Improvements Plan Item 11: Staff Report Pg. 11 Packet Pg. 125 of 566 1 EXISTING CROSS WALK TO REMAIN2 1 2 DLDL AA AAAA AA AAAA AA AAAA AA AAAA G G R R R RR R R R R R ++++++++++++++ SYMBOL DESCRIPTION DETAILS 1 4 - 44" DIA. BY 30" TALL FIBERGLASS PLANTERS TYPE: MATRIX ML7239 BY 'OLD TOWN FIBERGLASS' 714.633.3732 CONSTRUCTION LEGEND - CAL. AVE. AT ASH STREET 2 2 - 30" DIA. BY 30" TALL FIBERGLASS PLANTERS TYPE: MATRIX ML3030 BY 'OLD TOWN FIBERGLASS' 714.633.3732 DETAIL SHEET #1 DETAIL SHEET #1 Ash Street Intersection Improvements California Avenue Street Improvements scale: 1" = 8' Item 11 Attachment B - California Avenue Landscape Improvements Plan Item 11: Staff Report Pg. 12 Packet Pg. 126 of 566 EXISTING CROSS WALK TO REMAIN 1 2 3 DL ++++++ + ++++ DL ++++++ + ++++ DL ++++++ + ++++AA AAAA R R R AA AA AA R R R AA AA AA R R R AA AA AA R R R GG G GG G GG G GG G GG G SYMBOL DESCRIPTION DETAILS 1 7 - 60" DIA. BY 40" TALL FIBERGLASS PLANTERS TYPE: MATRIX ML6040 BY 'OLD TOWN FIBERGLASS' 714.633.3732 2 5 - 40" DIA. BY 20" TALL FIBERGLASS PLANTERS TYPE: MATRIX ML4020 BY 'OLD TOWN FIBERGLASS' 714.633.3732 CONSTRUCTION LEGEND - CAL. AVE. AT BIRCH STREET 3 3 - NIGHT SHADE PLANTS REMOVE FROM CENTER PLANTING AREA INCLUDING ROOTSPICTURE THIS SHEET DETAIL SHEET #1 DETAIL SHEET #1 Birch Street Intersection Improvements California Avenue Street Improvements scale: 1" = 8' Existing Night Shade plants to be removed Item 11 Attachment B - California Avenue Landscape Improvements Plan Item 11: Staff Report Pg. 13 Packet Pg. 127 of 566 Detail Sheet - 1 California Avenue Street Improvements 6 1 2 POTTED PLANT 3 4 & GRAVEL LEVELS 1 2 3 5 6 WALL OF POT 5 4 ROOTBALL CROWN TO BE 1" ABOVE POTTING SOIL LEVEL & 2" MIN. BELOW TOP OF POT FILTER FABRIC BETWEEN SOIL 3/4" ANGULAR GRAVEL @ 12" MIN. BELOW BOTTOM OF ROOT BALL 1 PLANTER INSTALLATION TOP SOIL (SUBMIT SAMPLE) - DETAIL NOT TO SCALE NO POTTING SOIL 3" NIPPLE 12" NIPPLE 12" MIN. DEPTH 10" ROUND BLACK PLASTIC 1/2" 0-1" RAINBIRD 44NP (TYP) PLAN -SEE PLANTING SPECIFIED MULCH PVC SCHEDULE 80 VALVE BOX AND LID DRAIN ROCK CLAMPS STAINLESS STEEL ANGLE IRON 1" x 3/16" x 30" 90° ELLS (TxT) PVC SCHEDULE 80 CONNECTED TO IRRIGATION SUPPLYLINE (SxSxT) OR 90° ELL (SxT) PVC SCHEDULE 80 TEE PVC SCHEDULE 80 VALVE QUICK COUPLING FINISH GRADE NOTE: SET TOP OF BOX EVEN WITH FINISH GRADE IN TURF AREAS. NOTE: REFER TO CONTRACT TECHNICAL SPECIFICATIONS FOR ADDITIONAL INFORMATION 2 QUICKCOUPLER DETAIL NOT TO SCALE Item 11 Attachment B - California Avenue Landscape Improvements Plan Item 11: Staff Report Pg. 14 Packet Pg. 128 of 566 *NOT YET ADOPTED* 124_20241204_ts24 Resolution No. _____ Resolution of the Council of the City of Palo Alto Extending the City Manager’s Authority to Temporary Close a Portion of California Avenue Pursuant to California Vehicle Code Section 21101 to Facilitate Outdoor Dining, Retail, and Other Uses R E C I T A L S A. On June 23, 2020, the Council adopted Resolution No. 9909 approving the temporary closure of portions of California Avenue, University Avenue and certain other Downtown streets through Labor Day 2020 to allow for outdoor dining and retail on those streets, consistent with the Santa Clara County Public Health Order in effect. The street closures were part of a Summer Streets Program initiated by the City to accommodate outdoor uses at a time when indoor dining remained prohibited in the County and the growing scientific evidence showed a lower risk of COVID-19 transmission outdoors compared to indoors. At that time, the City anticipated that indoor dining would be allowed to resume in the County, as had been allowed in neighboring counties, and sought to address the immediate needs of the community including residents, workers and businesses that had been severely impacted by loss of business activity and revenue. B. Through Resolution No. 9909 the Council also approved a temporary pilot parklet program to allow parklets to be installed in on-street parking spaces on an expedited and temporary basis to provide more space for outdoor dining. C. On July 2, 2020, the County Public Health Officer issued a revised Shelter in Place Order, to become effective on July 13, 2020, that allowed certain additional activities to resume if specified strict across-the-board risk reduction measures were followed. The objective was to allow activities that were already allowed in surrounding jurisdictions, which had reopened more quickly than Santa Clara County, so long as the prescribed risk reduction measures were followed. D. On July 7, 2020, the State approved Santa Clara County’s requested variance that allowed the revised Shelter in Place Order to go into effect on July 13, 2020. E. However, with the number of COVID-19 cases dramatically increasing again in the State, on July 13, 2020, the Governor announced a sweeping roll back of the reopening that the State had allowed. The State mandated that all counties close certain indoor operations, including in-restaurant dining. For counties on the State’s monitoring list for 3 consecutive days (and thus placed on the State “watchlist”), the State required the closure of additional industries or activities unless they could be modified to operate outside or by pick-up; these included gyms and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons and barbershops, and shopping malls. Item 11 Attachment C - Resolution Extending City Manager’s Authority to Temporary Close a Portion of California Avenue through 2025 Item 11: Staff Report Pg. 15 Packet Pg. 129 of 566 *NOT YET ADOPTED* 124_20241204_ts24 F. Through the summer, the United States including “hot spots” like California continued to hit new highs in confirmed cases and deaths, as the loosening of shelter-in-place restrictions had precipitated a resurgence of the virus in many states, including California. As of July 27, 2020, the State was averaging nearly 10,000 new COVID-19 cases per day, and hospitals and their intensive care units were filling up. Thirty-seven counties representing 93% of the State’s population were on the State’s watchlist, and California had 460,550 confirmed cases of COVID-19, resulting in 8,445 deaths. G. On August 10, 2020, the Council adopted Resolution No. 9911, which amended Resolution 9909, to extend until December 31, 2020 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders. Resolution No. 9911 also extended the temporary parklet program to September 7, 2021. H. Since August 2020, the County Public Health Officer issued a Risk Reduction Order on October 5, 2020, which coincided with the County moving into the orange tier under the State’s “Blueprint for a Safer Economy” tiered restriction system. I. However, on November 16, 2020, the State moved Santa Clara County two steps from the orange/moderate tier to the purple/widespread tier (the highest risk tier) due to a sharp increase in COVID-19 cases statewide. On that date, the County reported 388 new cases of COVID-19, bringing the cumulative total to 28,686. As of November 17, 2020, California reported 1,029,235 confirmed cases of COVID-19, resulting in 18,263 deaths, and 94.1% of the State’s population was now in the purple tier (according to the Governor’s Office). The State’s rules for the purple/widespread tier mandate that restaurants and gyms cannot have indoor service and retail stores may only have 25% capacity indoors. J. On December 14, 2020, the Council adopted Resolution 9933, which amended Resolution 9099, to extend until May 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders. K. On March 3, 2021, the State moved Santa Clara County one step down from the purple/widespread tier to the red/substantial tier. As of March 16, 2021, the County reported a cumulative total of 112,909 COVID cases and 1,867 deaths. L. On May 10, 2021, the Council adopted Resolution 9954, which further amended Resolution 9099 to extend until October 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders. Item 11 Attachment C - Resolution Extending City Manager’s Authority to Temporary Close a Portion of California Avenue through 2025 Item 11: Staff Report Pg. 16 Packet Pg. 130 of 566 *NOT YET ADOPTED* 124_20241204_ts24 M. On June 7, 2021, the Council adopted Resolution 9962. Resolution 9962 amended and restated Section 4 of Resolution 9909 regarding the pilot parklet program on a non- emergency basis. N. On June 15, 2021, the State of California eliminated the Blueprint for a Safer Economy system of COVID-related rules and restrictions (also known as the color-tier system) amidst improvements in public health data and increasing availability of the COVID vaccine. The City of Palo Alto rescinded its declaration of local emergency on July 1, 2021. O. On September 13, 2021 the Council voted to extend the street closures of portions of California Avenue and Ramona Street through June 30, 2022 to allow for the continued use of these streets for outdoor dining and other activities as may be allowed. The Council voted on each street separately and Resolution 9987 extended the closure of California Avenue only; a separate resolution (no. 9988) extended the closure of Ramona Street. At the same meeting, the Council directed the City Manager to open the portion of University Avenue which was closed by Resolution 9909 and its successors on October 15, 2021. P. On May 16, 2022, the City Council adopted Resolution 10040, which amended and restated Resolution 9987 to continue its provisions until December 31, 2023. Q. On November 6, 2023, the City Council adopted Resolution 10129, which amended and restated Resolution 10040 to continue its provisions until December 31, 2024. R. The City Council now desires to amend and restate Resolution 10129 to continue its provisions until December 31, 2025. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS: SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals as findings of the Council. SECTION 2. Supersedes Resolution 10129. This Resolution shall supersede Resolution 10129, which is rescinded as of the effective date of this Resolution. SECTION 3. Extension of Temporary Street Closure A. The following street is hereby closed to any and all vehicular traffic through December 31, 2025, in accordance with California Vehicle Code Section 21101(e), to facilitate the temporary uses of outdoor dining, retail, and other permitted uses: 1. California Avenue from Birch Street to El Camino Real. Item 11 Attachment C - Resolution Extending City Manager’s Authority to Temporary Close a Portion of California Avenue through 2025 Item 11: Staff Report Pg. 17 Packet Pg. 131 of 566 *NOT YET ADOPTED* 124_20241204_ts24 B. The City Manager is authorized to determine the days, hours and duration of the temporary street closure(s) within the period specified in Section A, with reasonable notice provided, and whether exceptions to the closure shall be made for municipal purposes. The City Manager is also authorized to close only part of the street authorized for closure in Section A. SECTION 4. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment). SECTION 5. This Resolution shall become effective immediately upon adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Public Works _____________________________ Chief Transportation Official _____________________________ Director of Planning and Development Services Item 11 Attachment C - Resolution Extending City Manager’s Authority to Temporary Close a Portion of California Avenue through 2025 Item 11: Staff Report Pg. 18 Packet Pg. 132 of 566 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Community Services Meeting Date: December 16, 2024 Report #:2411-3813 TITLE Approval of Professional Services Contract Number C25193087 with Rincon Consultants in an Amount Not to Exceed $202,322 for California Environmental Quality Act (CEQA) Review of a Revised Master Plan for the Cubberley Site for a Period of One Year, and Approval of Budget Amendments in the General Fund and Cubberley Infrastructure Fund; CEQA Status – this action will initiate CEQA review of the master plan. RECOMMENDATION Staff recommends the City Council: 1. Approve and authorize the City Manager or designee to execute Contract Number C25193087 (Attachment A), with Rincon Consultants, for environmental review of a revised master plan for the Cubberley site pursuant to the California Environmental Quality Act (CEQA) for a term of one year and 15 days, and a total compensation not-to-exceed $202,322, including $168,602 for basic services and $33,720 for additional services; and 2. Amend the Fiscal Year 2025 Budget Appropriation for: a. General Fund by: i. Increasing the transfer to the Cubberley Property Infrastructure Fund by $202,322; and ii. Decreasing the Real Property Investment Reserve by $202,322; b. Cubberley Property Infrastructure Fund (requires 2/3 approval) by: i. Increasing the transfer from the General Fund to the Cubberley Community Center Redevelopment Capital Improvement Project (CB-26000) by $202,322; and ii. Increasing the Cubberley Community Center Redevelopment Capital Improvement Project (CB-26000) appropriation by $202,322. BACKGROUND The 35-acre Cubberley site, located at 4000 Middlefield Road in Palo Alto, operated as Cubberley High School from 1956 - 1979. Beginning in the late 1980’s, the City began leasing Item 12 Item 12 Staff Report Item 12: Staff Report Pg. 1 Packet Pg. 133 of 566 portions of the facilities from the Palo Alto Unified School District (PAUSD or District) at the site. Today, the City owns eight (8) acres of the 35-acre site and PAUSD owns the remaining 27 acres, most of which are leased to the City. The City operates the areas of Cubberley it controls as a community center, using some of the space for classes and activities in arts, culture and athletics, and sub-leasing additional space at City-subsidized rates to various non-profit and community serving groups. The City Council approved a lease amendment on December 2, 20241 to continue the lease for an additional five years. There are currently 23 tenants and 24 artists leasing space at Cubberley from the City, and dozens of groups renting the theater, pavilion, classrooms, and athletic fields from the City. Combined, these groups provide the community with programs that support health and wellness, childcare, education, and visual and performing arts. The District uses space for educational purposes and staff offices and has leases with some third-party tenants. The parking lot in the southeast corner of the property houses portable trailers as a temporary site for Hoover Elementary School during construction at Hoover. In October 2024, the City Council and Board of Education each independently approved a Memorandum of Understanding with key terms and conditions for the City to purchase and lease property at the Cubberley site from PAUSD. The MOU describes a series of steps the City and District will undertake in a collaborative approach to pursue the sale and redevelopment of the Cubberley site and its positive funding impacts on District schools. Contingent on voter approval of a November 2026 ballot measure, the City will purchase seven acres of land at the Cubberley site from PAUSD in 2027 and redevelop the City’s combined 15-acre site for community use. The District intends to use the proceeds from the sale to develop and improve Palo Alto schools. According to the MOU, a master redevelopment plan for the site must be completed by March 2026, which requires environmental review according to the California Environmental Quality Act (CEQA). Attachment B shows the project area for the master plan. There have been several master planning efforts over the years to reimagine and update the Cubberley site, with the most recent one being completed in 2019 with the assistance of the consulting group Concordia. In anticipation of Council adoption of the 2019 master plan titled Cubberley Concept Plan, the City engaged Rincon Consultants to conduct the required CEQA analysis. Rincon was awarded a contract in 20192 after a competitive process to complete CEQA analysis and documentation for the Cubberley Concept Plan. Two consultants submitted proposals for 1 City Council, December 2, 2026; Agenda Item #18; SR #2410-3634, https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=8381839f-29fc-4cf1-8617-3bf0af2477d6 2 City Council, June 10, 2019; Agenda Item #6; SR #10378, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=80381 Item 12 Item 12 Staff Report Item 12: Staff Report Pg. 2 Packet Pg. 134 of 566 the project with Rincon being selected. The contract was amended in 20213. At that time, the concept was to build a community center on the City’s land and shared use buildings on the school district’s land. The Cubberley Concept Plan and draft CEQA analysis were completed but due to a change in priorities for PAUSD the master plan and associated CEQA documentation were never adopted by the City Council. ANALYSIS On December 2, 2024, the Council approved a professional service contract with Concordia, LLC to re-initiate the master planning work completed in 20194. The master plan must be completed by March 2026 in preparation for the November 2026 election at which time a bond measure will be placed on the ballot for funding of the land purchase and project construction. For the Council to adopt the new master plan, CEQA analysis must be completed and adopted at the same time requiring a condensed timeline to complete the work. The contract with Rincon reinitiates work associated with the CEQA requirement for master planning of the Cubberley site, revising and completing the work completed by Rincon in October 2021. Rincon completed a draft Initial Study/Mitigated Negative Declaration (IS/MND), which assessed impacts to resources as required by CEQA. Much of the work is still relevant and valid and can be applied to the reinitiated project. Staff recommends that Rincon be reengaged for this work to provide economic and timeline efficiencies, demonstrating financial responsibility and recognizing the compressed schedule. An exemption to competitive solicitation pursuant to Palo Alto Municipal Code section 2.30.360 (b2) was approved by the City Manager. FISCAL/RESOURCE IMPACT Funding to support the master planning process, related reviews, and preparation for the November 2026 ballot measure has been reserved in the FY 2025 Adopted Budget for real property acquisition. Staff recommends a budget amendment to transfer $202,322 from the General Fund Real Property Investment Reserve to the Cubberley Property Infrastructure Fund – Cubberley Community Center Redevelopment Capital Improvement Project (CIP-26000). This action combined with other recommended actions in December 2024 would bring the Real Property Investment Reserve from $1 million to $ 165,712 in FY 2025. Funding for future years is subject to City Council approval through the annual budget process. 3 City Council, June 21, 2021; Agenda Item #9; SR #12253, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81513 4 City Council, December 2, 2024; Agenda Item #18 Attachment C; SR #2410-3634, https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=43a53c99-5f6b-452e-bf65-b787288d47d9 Item 12 Item 12 Staff Report Item 12: Staff Report Pg. 3 Packet Pg. 135 of 566 STAKEHOLDER ENGAGEMENT 5. Stakeholders can also follow the community conversation at the dedicated webpage6. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: 5 City Council, December 2, 2024; Agenda Item #18; SR #2410-3634; https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=a135fecf-1273-4204-8c74-cc22d03a6366 6 www.cityofpaloalto.org/CommunityServices/Cubberley-Community-Center-Project Item 12 Item 12 Staff Report Item 12: Staff Report Pg. 4 Packet Pg. 136 of 566 Professional Services Rev. Oct 16,2024 Page 1 of 31 CITY OF PALO ALTO CONTRACT NO. C25193087 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND RINCON CONSULTANTS, INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 2nd day of December, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and RINCON CONSULTANTS, INC., a California Corporation, located at 66 Franklin Street, Suite 300, Oakland, CA 94607 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to prepare an Initial Study-Mitigated Negative Declaration for the Cubberley Master Plan Project area (the “Project”) and desires to engage a consultant to provide services in connection with the Project (the “Services”, as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the effective date of this agreement through December 31, 2025 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 5 Packet Pg. 137 of 566 Professional Services Rev. Oct 16,2024 Page 2 of 31 OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred Sixty- Eight Thousand Six Hundred Two Dollars ($168,602). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Thirty-Three Thousand Seven Hundred Twenty Dollars ($33,720) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Two Hundred Two Thousand Three Hundred Twenty-Two Dollars ($202,322), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 6 Packet Pg. 138 of 566 Professional Services Rev. Oct 16,2024 Page 3 of 31 authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 7 Packet Pg. 139 of 566 Professional Services Rev. Oct 16,2024 Page 4 of 31 that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: Hexagon Transportation Consultants, Inc. 100 Century Center Court, Suite 501 San Jose, California 95112 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 Karly Kaufman Email: kkaufman@rinconconsultants.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 Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 8 Packet Pg. 140 of 566 Professional Services Rev. Oct 16,2024 Page 5 of 31 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 Kristen O’Kane, Director of Community Service Department, 1305 Middlefield Road Palo Alto, CA, zipcode: 94301, Telephone: (650)463-4908. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. 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 third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 9 Packet Pg. 141 of 566 Professional Services Rev. Oct 16,2024 Page 6 of 31 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 automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 10 Packet Pg. 142 of 566 Professional Services Rev. Oct 16,2024 Page 7 of 31 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 Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 11 Packet Pg. 143 of 566 Professional Services Rev. Oct 16,2024 Page 8 of 31 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. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 12 Packet Pg. 144 of 566 Professional Services Rev. Oct 16,2024 Page 9 of 31 third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 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). Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 13 Packet Pg. 145 of 566 Professional Services Rev. Oct 16,2024 Page 10 of 31 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 and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 14 Packet Pg. 146 of 566 Professional Services Rev. Oct 16,2024 Page 11 of 31 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 action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 15 Packet Pg. 147 of 566 Professional Services Rev. Oct 16,2024 Page 12 of 31 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 A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 16 Packet Pg. 148 of 566 Professional Services Rev. Oct 16,2024 Page 13 of 31 CONTRACT No. C25193087 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee RINCON CONSULTANTS, INC. Officer 1 By: ________________________________ Name: ______________________________ Title: _______________________________ Officer 2 By: ________________________________ Name: ______________________________ Title: _______________________________ Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Principal Abe Leider Richard Daulton Secretary/Exec Vice President Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 17 Packet Pg. 149 of 566 Professional Services Rev. Oct 16,2024 Page 14 of 31 EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. Task 1 Project Mobilization and Kickoff CONSULTANT’S project manager will review project and background information and prepare for and attend a kickoff meeting with the project team and CITY. This meeting will serve as a forum to review and confirm study objectives and to discuss the expectations of stakeholders. Working schedules will be discussed. CONSULTANT will also use this opportunity to collect any relevant project or background information not already transmitted. This task will also include coordination with the CITY to verify the project description, confirm project assumptions, and confirm assumptions regarding potential increases in development. CONSULTANT will also conduct a site visit to observe and take photographs of the site’s existing conditions and surroundings. Task 2 Cultural Resources Technical Report Update CONSULTANT previously completed a cultural resources technical report for the Cubberley Concept Plan in 2019 and proposes to supplement and update this report where needed to support defensibility and consistency with best professional practices. This will include an updated records search of the California Historical Resources Information System (CHRIS) to identify any newly identified cultural resources within a 0.5-mile radius of the project site. CONSULTANT anticipate the records search will be conducted by CHRIS staff and not exceed $750 in direct costs. CONSULTANT will also complete a focused cultural resources survey to confirm existing conditions and identify any changes which may have occurred since 2019. CONSULTANT previously evaluated the former Cubberley High School complex and determined it was ineligible as a historical resource under CEQA. In accordance with guidance from the California Office of Historic Preservation, CONSULTANT will prepare an updated evaluation to confirm no changes have occurred which would warrant eligibility. CONSULTANT assume archaeological testing will be not be required and no other cultural resources will be identified which warrant recordation. Pending completion of the records search and field survey, CONSULTANT will prepare an updated technical report to address impacts to historical and archaeological resources and provide recommendations as needed. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 18 Packet Pg. 150 of 566 Professional Services Rev. Oct 16,2024 Page 15 of 31 Assembly Bill 52 Assistance Under Assembly Bill (AB) 52 (California Government Code Section 21080.3.1 (a)), the City of Palo Alto, as the CEQA lead agency, is required to begin consultation with California Native American Tribes that are traditionally and culturally affiliated with the project site prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. If CITY does not maintain an AB 52 contact list, CONSULTANT will request an AB 52 consultation list from the Native American Heritage Commission (NAHC) on behalf of the CITY. Typically, NAHC list requests are fulfilled within 10-14 business days. CONSULTANT will assist with consultation under AB 52 by providing with letter templates, checklists, and detailed instructions to ensure meaningful consultation with interested Native American groups can be completed in accordance with AB 52. After receipt of letters, Native American Tribes have 30 days to reply to a request for consultation under AB 52. This task does not include meetings, outreach, consultation, or CONSULTANT mailing letters to Tribal governments. CONSULTANT assumes the CITY will officially contact all applicable Tribes. This scope item does not include any meetings with Native American tribes or individuals; however, CONSULTANT can assist with these efforts under a scope augmentation if needed. Task 3 Administrative Draft Initial Study – Mitigated Negative Declaration Building off the Administrative Draft IS-MND prepared in 2021, CONSULTANT Consultants will prepare an Administrative Draft IS-MND pursuant to the requirements set forth in the State CEQA Guidelines. The Project Description in the Administrative Draft IS-MND will be updated to be consistent with the revised draft of the Master Plan. CONSULTANT anticipates that some of the previous analysis prepared for the Cubberley Concept Plan would continue to apply. However, CONSULTANT anticipates that because the Plan area boundary has changed and the buildout assumptions have changed, re-quantification of many impacts will be needed. CONSULTANT’s proposed approach to technical analysis is described below under “Technical Approach to Environmental Issues.” The IS-MND will provide supporting analysis to determine whether the project will or may have significant environmental effects that cannot be mitigated to below a level of significance. CONSULTANT will use the CITY’s preferred format, which CONSULTANT anticipate will be the suggested checklist from Appendix G of the CEQA Guidelines. The Administrative Draft IS- MND will address each of the items on the environmental checklist. Task 4 Public Review Draft Initial Study – Mitigated Negative Declaration As part of this task and after confirming the approach with CITY, CONSULTANT will finalize the IS-MND. This step will involve responding to two rounds of consolidated CITY comments on the Administrative Draft IS-MND (i.e., one round of comments on the Administrative Draft and one round of comments on a Screencheck Draft IS-MND) and preparation of the Public Review Draft IS-MND. This task also includes circulating the Public Review Draft IS-MND for the required 30-day public review period. CONSULTANT will prepare and revise the Notice of Intent (NOI) to Adopt an IS-MND per one round of consolidated comments and will be responsible for filing with the State Clearinghouse (SCH) and the County Clerk. CITY will be responsible for distributing the notices to responsible agencies and other interested parties, and other noticing Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 19 Packet Pg. 151 of 566 Professional Services Rev. Oct 16,2024 Page 16 of 31 required under CEQA or CITY procedures, including newspaper advertisement. CONSULTANT can advise the CITY on these requirements if needed. Task 5 Final IS-MND Although CEQA does not technically require written responses to comments on IS-MNDs, CONSULTANT recommend preparing written responses to show that comments have been “considered” as required by CEQA. After close of the public comment period, CONSULTANT will prepare written responses to CEQA-relevant written comments on the Public Review Draft IS-MND. All responses will include reasoned analysis and will cite appropriate provisions of the Public Review Draft IS-MND, the CEQA Guidelines, and applicable legal decisions. CONSULTANT assume up to 10 letters will be received and that comments will not be substantial/complex in nature such that no more than 24 hours of professional staff time are required to respond to comments should additional or more complex letters be received; additional budget may be needed. CONSULTANT will also prepare a Mitigation Monitoring and Reporting Plan (MMRP), if appropriate, which will be presented as a table listing all mitigation measures, indicating what monitoring actions are required, the department(s) and or agencies responsible for monitoring, and when monitoring is to occur. CONSULTANT will prepare the Notice of Determination (NOD). If the project is approved, CONSULTANT will file the NOD with the State Clearinghouse. CONSULTANT assume that the CITY will file the NOD with the County Clerk and that the CITY or applicant will be responsible for payment of NOD filing fees. CONSULTANT will maintain the Administrative Record for this project. CONSULTANT will develop a work plan at the outset that instructs internal staff on the way in which the Administrative Record will be developed and maintained. As sources are referenced in each section of the report, they are logged in an index containing a hyper-linked cross-reference to the individual source files, copies of which are maintained on company servers. These include, for example, guidance documents, websites, correspondence, and technical memoranda. The citations and source files will be audited during our technical review to ensure the record is complete and comprehensive. Task 6 Public Hearings CONSULTANT will attend up to two public hearings virtually to present the findings of the report and/or respond to questions on the environmental analysis or CEQA process. CONSULTANT can attend additional hearings for an additional fee. Task 7 Project Management CONSULTANT’s Project Manager will be responsible for coordinating communication and maintaining a close working relationship internally, with our subconsultant and with CITY staff during execution of this project. This task includes participation by CONSULTANT in up to four conference calls to discuss the budget, schedule, and progress of the project and includes monthly invoicing and progress reporting. Technical Approach to Environmental Issues Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 20 Packet Pg. 152 of 566 Professional Services Rev. Oct 16,2024 Page 17 of 31 The following describes CONSULTANT’s general approach to the key issues that CONSULTANT assume would be the focus of the IS-MND. Air Quality The air quality analysis will be prepared in accordance with the methodologies and significance thresholds outlined in the Bay Area Air Quality Management District’s (BAAQMD) CEQA Guidelines (2022). The analysis will include discussions of temporary construction impacts and long-term operational impacts associated with the project. Construction-related emissions would include emissions associated with construction equipment and vehicles during construction. Long-term operational emissions would include those associated with building energy consumption and trips to and from the project site. This analysis assumes the project would not have any stationary sources that require BAAQMD permits. Air emissions will be quantified using the California Emissions Estimator Model (CalEEMod) and projected emissions will be compared to the BAAQMD’s numerical thresholds of significance. There are residential units located near the project, and temporary construction activities have the potential to result in a significant health risk impact depending on the construction details. Therefore, a construction health risk assessment (HRA) task is presented below. However, if project construction equipment would use US EPA Tier 4 or California Air Resources Board diesel particulate filters (DPF) Level 3 emissions controls, a qualitative approach may be taken to the potential health risk impact. Cumulative health risk impacts would also be addressed. A standalone technical report is not proposed under this scope of work and the analysis will be prepared directly in the Initial Study section with modeling outputs in an appendix. If significant impacts are identified, feasible mitigation measures will be developed. Construction Health Risk Assessment The construction HRA will be conducted using project-specific data, emissions calculated from CalEEMod under the air quality analysis for diesel particulate matter (DPM) and PM2.5, air dispersion modeling, and health risk calculation. The refined construction HRA will be performed in accordance with the revised California Office of Environmental Health Hazard Assessment (OEHHA) Guidance. The analysis will incorporate the estimated construction emissions and dispersion modeling using the USEPA AMS/EPA Regulatory Model (AERMOD) model with meteorological data from the closest meteorological monitoring station. AERMOD dispersion model outputs will be converted into specific cancer risks and non-cancer chronic health hazard impacts in accordance with the OEHHA Guidance. The results of the construction HRA will be incorporated into the IS-MND Air Quality section. Biological Resources The 15-acre site is in a developed urban area and has been developed and urbanized for many years. It is unlikely that there are unique, rare or endangered plant or animal species or habitats on or near the site and the site is not within an area designated as a natural community. This section will include a general assessment of the potential biological resources that could be present in the area and will focus on potential associated with disturbance and removal of existing mature trees such as impacts to nesting birds and consistency with the CITY’s Tree Preservation Ordinance. Where potential resources are identified, programmatic mitigation measures will be developed. This scope of work does not include an arborist report; however, Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 21 Packet Pg. 153 of 566 Professional Services Rev. Oct 16,2024 Page 18 of 31 CONSULTANT certified arborists could prepare an arborist report at the CITY’s request or an additional fee. Cultural Resources CONSULTANT assumes that the cultural resources analysis will be based on the Cultural Resources Technical Report prepared by CONSULTANT as described under Task 2. Energy The project’s energy use from construction and operation will be quantified using the CalEEMod outputs and in-house calculation spreadsheets. In addition, the proposed project’s compliance with applicable State and local energy reduction plans, policies, and regulations will be determined. If significant impacts are identified, feasible mitigation measures will be developed. Greenhouse Gas Emissions The greenhouse gas (GHG) analysis will be prepared in accordance with the methodologies and significance thresholds outlined in the Bay Area Air Quality Management District’s (BAAQMD) CEQA Guidelines (2022). Similar to the air quality analysis, the GHG analysis will include discussions of temporary construction impacts and long-term operational impacts associated with the project. Construction-related emissions would include emissions associated with construction equipment and vehicles during construction. Long-term operational emissions would include those associated with the building energy consumption and trips to and from the project site. Project-level impacts will be analyzed through a consistency analysis with the CITY’s 2022 Sustainability and Climate Action Plan (which CITY staff has stated is a qualified GHG reduction strategy), as allowed by BAAQMD CEQA guidance. Land Use and Planning This analysis will focus on land use compatibility issues that may arise as a result of Master Plan implementation. Compatibility issues will be discussed in light of information provided in other sections of the CEQA analysis. Inconsistency with applicable land use plans does not in itself constitute an environmental impact. Environmental impacts could result from inconsistencies with CITY policies adopted for the purpose of avoiding or reducing environmental impacts. The analysis will focus on consistency with adopted plans and programs intended to reduce environmental impacts. Noise CONSULTANT will prepare a noise and vibration analysis consistent with CITY standards. CONSULTANT will conduct up to two long-term (48 hour) and four short-term (15-minute) sound level measurements to characterize the local noise environment. Construction noise impacts will be addressed at the programmatic level. An analysis of the potential for on-site noise sources (e.g., HVAC) to impact nearby sensitive receptors will be conducted at the program level based on available data and information. The project’s contribution to traffic noise level increases will be quantified based on traffic data provided by Hexagon. In addition, the Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 22 Packet Pg. 154 of 566 Professional Services Rev. Oct 16,2024 Page 19 of 31 potential for project construction to result in vibration impacts will be analyzed. If significant impacts are identified, feasible mitigation measures will be developed. Transportation The transportation analysis will be based on transportation study prepared by Hexagon Transportation Consultants (Hexagon). Hexagon will prepare the report consistent with the requirements of the CITY of Palo Alto and the Santa Clara Valley Transportation Authority (VTA) Congestion Management Program (CMP). Hexagon’s scope of work includes the following: Vehicle Miles Traveled. According to the CITY’s VMT policy, the effects of development on the transportation system using the VMT metric must be evaluated to assess transportation impacts per CEQA requirements. Hexagon will check the VMT for the proposed project and will compare that to the threshold of significant impact in Palo Alto. If an impact is shown, CONSULTANT will describe how the impact could be mitigated. Transportation Study. The purpose of the transportation study is to satisfy the requirements of the CITY of Palo Alto and the Santa Clara County Congestion Management Program (CMP). The transportation analysis will include an analysis of weekday AM and PM peak-hour traffic conditions and will determine the traffic impacts of the proposed project on key intersections in the vicinity of the site. Project trips on nearby freeway segments also will be identified based on CMP guidelines. The intersections and freeway segments that we propose to study are identified below. Study Intersections: • Middlefield Road & Charleston Road • Middlefield Road & Montrose Avenue • Middlefield Road & San Antonio Road (CMP) • Alma Street & Charleston Road • Alma Street/Central Expressway & San Antonio Road • Charleston Road & San Antonio Road (CMP) Freeway Segments: • US 101 North of San Antonio Road • US 101 South of San Antonio Road The tasks to be included in the traffic analysis are: 1. Site Reconnaissance. The physical characteristics of the site and the surrounding roadway network will be reviewed to identify existing roadway cross-sections, intersection lane configurations, traffic control devices, and surrounding land uses. 2. Observation of Existing Traffic Conditions in the Study Area. Existing traffic conditions will be observed in the field in order to identify any operational deficiencies and to confirm the accuracy of calculated levels of service. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 23 Packet Pg. 155 of 566 Professional Services Rev. Oct 16,2024 Page 20 of 31 3. Data Collection. Existing weekday AM (7:00 – 9:00 AM) and PM (4:00 – 6:00 PM) peak- hour traffic volumes for the study intersections will be obtained from the VTA Congestion Management Program (CMP) and new manual turning-movement counts. Freeway segment traffic counts will be obtained from the latest Congestion Management Program (CMP) monitoring report. 4. Evaluation of Existing Conditions. Existing traffic conditions will be evaluated based on existing traffic volumes at the study intersections. The existing traffic conditions at the key study intersections will be evaluated using the software TRAFFIX, which employs the 2000 Highway Capacity Manual (HCM) methodology for intersection analyses and is the designated level of service methodology for the City of Palo Alto. 5. Project Trip Generation, Distribution, and Assignment. Estimates of trips to be added to the surrounding roadway network by the proposed project will be based on the trip generation rates recommended by the Institute of Traffic Engineers’ Trip Generation Manual, 11th Edition. The directional distribution of site-generated traffic will be forecast based on the projected areas to be served by the project as well as existing travel patterns, relative locations of complementary land uses, and information obtained from previous traffic studies conducted for developments in the area, as available. The site-generated traffic will be assigned to the roadway network based on the trip generation and distribution pattern discussed above. 6. Evaluation of Existing Plus Project Conditions. Project-generated traffic will be added to the existing traffic volumes. Intersection levels of service under existing plus project conditions will be evaluated using the TRAFFIX software. Intersection level of service calculations will be conducted to estimate existing plus project traffic conditions during the AM and PM peak hours after the completion of the project. Intersection impacts associated with the development will be evaluated relative to existing conditions. 7. Evaluation of Background Conditions. Background traffic volumes represent the existing volumes plus the projected volumes from approved and planned developments that have not yet been constructed and occupied. Approved project trips and/or approved project information will be obtained from the City of Palo Alto. In addition, roadway improvements associated with approved developments will be assumed as directed by CITY. Intersection levels of service under background conditions will be evaluated using the CITY methodology. 8. Evaluation of Background Plus Project Conditions. Project-generated traffic will be added to the background condition traffic volumes. Intersection levels of service under project conditions will be evaluated using the TRAFFIX software. Intersection level of service calculations will be conducted to estimate project traffic conditions during the AM and PM peak hours after the completion of the project. Intersection impacts associated with the development will be evaluated relative to background conditions. 9. Freeway Segment Analysis. The magnitude of project trips on freeway segments near the site will be determined based on the trip assignment task described above. The number of trips on nearby freeway segments will be compared to the CMP’s threshold for determining the need Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 24 Packet Pg. 156 of 566 Professional Services Rev. Oct 16,2024 Page 21 of 31 for freeway level of service analysis. Freeway segments that require a level of service analysis will be analyzed for the AM and PM peak hours as required by the CMP guidelines. The results of this task will be documented in the traffic study. 10. Site Access, On-Site Circulation and Parking. A review of the new project site plan will be performed to determine the overall adequacy of the site access and on-site circulation in accordance with generally accepted traffic engineering standards and to identify any access or circulation issues that should be improved. Parking will be evaluated relative to the CITY’s Code. 11. Evaluation of Vehicle Queuing. For selected locations where the project would add a significant number of left-turning vehicles, the adequacy of existing/planned storage at turn pockets will be assessed by means of comparison with expected maximum vehicle queues. Vehicle queues will be estimated using a Poisson probability distribution. 12. Bicycle, Pedestrian, and Transit Facilities. An updated qualitative analysis of the project’s effect on transit service in the area and on bicycle and pedestrian circulation in the study area will be included in the traffic report. Any impacts of the project on the nearby facilities will be identified and improvements recommended to mitigate the impacts. 13. Description of Impacts and Recommendations. Based on the updated results of the level of service calculations, impacts of the site-generated traffic will be identified and described. Recommendations will be formulated that identify the locations and types of improvements or modifications necessary to mitigate significant near term or long-range project impacts. Improvements could include street widenings, lane additions, changes in lane usage, or modifications to existing traffic signals. 14. Meetings. The fee estimate includes Hexagon staff attendance at one meeting in connection with the project. It does not include attendance at public meetings. 15. Reports. Our findings and recommendations will be summarized in a draft TIA report. Hexagon Transportation Consultants will respond to editorial comments on the draft and prepare a final TIA report. Tribal Cultural Resources CONSULTANT assumes that the tribal cultural resources analysis will be based on the Cultural Resources Technical Report prepared by CONSULTANT as described under Task 2 and the results of AB 52 consultation. Public Services, Recreation, and Utilities CONSULTANT will evaluate potential impacts from buildout of the Master Plan on public services, recreation, and utilities infrastructure, including water demand, wastewater generation, solid waste facilities, schools, parks, and fire and police protection services. The increase in demand for services will be compared to local thresholds and/or remaining capacities of existing facilities, where available, to determine if a significant effect would occur. The demand estimates Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 25 Packet Pg. 157 of 566 Professional Services Rev. Oct 16,2024 Page 22 of 31 will not constitute a technical capacity analysis but will use standard demand rates for a comparison with readily available information related to the remaining capacity of existing facilities. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 26 Packet Pg. 158 of 566 Professional Services Rev. Oct 16,2024 Page 23 of 31 EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 27 Packet Pg. 159 of 566 Professional Services Rev. Oct 16,2024 Page 24 of 31 EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY. Milestones Number of Days/Weeks (as specified below) 1. Task 1 – Project Mobilization and Kickoff Meeting 1 Week 2. Task 2 – Cultural Resources and Technical Report 8 Weeks 3. Transportation Report 15 Weeks 4. Task 3 – Administrative Draft Initial Study 20 Weeks 5. Task 4 – Public Review Draft IS-MND 25 Weeks 6. Task 5 – Final IS-MND 30 Weeks 7. Task 6 – Public Hearing As Scheduled throughout project up-to 52 Weeks 8. Task 7 – Project Management As Scheduled throughout project up-to 52 Weeks Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 28 Packet Pg. 160 of 566 Professional Services Rev. Oct 16,2024 Page 25 of 31 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE TASK NOT TO EXCEED AMOUNT Total for Services and Reimbursable Expenses $168,602 Maximum Total Compensation $202,322 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 Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 29 Packet Pg. 161 of 566 Professional Services Rev. Oct 16,2024 Page 26 of 31 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: Travel Expenses, Sound Level and Standard Field Monitoring Packages, Records Search, and Transportation Consultant (W-Trans), up to the not-to-exceed amount of: $82,609. A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Cost Assumptions The following is a list of CONSULTANT assumptions related to cost, scope, and schedule: • Recordation of archaeological and tribal cultural resources will not be required. • The project is subject to CEQA and compliance with Section 106 of the National Historic Preservation Act is not required. • All deliverables will be provided in electronic format (Word and/or PDF); no printed copies will be provided. • The project does not involve any updates or amendments to the Comprehensive Plan and therefore does not require SB 18 consultation. • Direct expenses for the NWIC records search will not exceed $750. • Costs have been allocated to tasks based on the methodology in our proposed scope of work, but specific costs may be re-allocated among tasks and/or direct costs within the authorized amount. • If additional effort is required beyond that identified in the work program, CONSULTANT will perform the work on a time and materials basis with an amendment of the project cost and scope of work approved by the CITY. No additional services would be provided without receipt of prior written approval. • CONSULTANT assumes the CITY or applicant will pay applicable the CDFW filing fee for an IS-MND and County Clerk filing fees, if required. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 30 Packet Pg. 162 of 566 Professional Services Rev. Oct 16,2024 Page 27 of 31 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT’s schedule of rates is as follows: Standard Fee Schedule for Environmental Sciences and Planning Services * Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400. Reimbursable Expenses Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 31 Packet Pg. 163 of 566 Professional Services Rev. Oct 16,2024 Page 28 of 31 Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges. Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1. Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms. Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 32 Packet Pg. 164 of 566 Professional Services Rev. Oct 16,2024 Page 29 of 31 GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Wetsuits, Dip Nets, Seine Nets, Bubblers, (Photo/Video Camera, Scuba Equipment Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 33 Packet Pg. 165 of 566 Professional Services Rev. Oct 16,2024 Page 30 of 31 EXHIBIT D INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 34 Packet Pg. 166 of 566 Professional Services Rev. Oct 16,2024 Page 31 of 31 WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG Docusign Envelope ID: D71B879D-367A-43EB-B20E-8045957DCEA1 Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 35 Packet Pg. 167 of 566 Certificate Of Completion Envelope Id: D71B879D367A43EBB20E8045957DCEA1 Status: Completed Subject: Complete with Docusign: FINAL C25193087 Rincon Cubberley.pdf Source Envelope: Document Pages: 31 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Alice Harrison AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Alice.Harrison@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 11/20/2024 9:27:44 AM Holder: Alice Harrison Alice.Harrison@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Abe Leider aleider@rinconconsultants.com Principal Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 184.23.251.55 Sent: 11/20/2024 9:30:44 AM Viewed: 11/20/2024 10:02:41 AM Signed: 11/20/2024 10:07:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Richard Daulton RDaulton@rinconconsultants.com Secretary/Exec Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 97.93.20.52 Sent: 11/20/2024 10:07:11 AM Viewed: 11/21/2024 7:51:12 AM Signed: 11/21/2024 7:51:31 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cayla Koga cayla.koga@cityofpaloalto.org Administrative Assistant City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 11/21/2024 7:51:33 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 36 Packet Pg. 168 of 566 Carbon Copy Events Status Timestamp Kristen O'kane kristen.o'kane@cityofpaloalto.org Director Security Level: Email, Account Authentication (None) Sent: 11/21/2024 7:51:34 AM 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 11/20/2024 9:30:44 AM Certified Delivered Security Checked 11/21/2024 7:51:12 AM Signing Complete Security Checked 11/21/2024 7:51:31 AM Completed Security Checked 11/21/2024 7:51:34 AM Payment Events Status Timestamps Item 12 Attachment A - Rincon Consultants Contract C25193087 Item 12: Staff Report Pg. 37 Packet Pg. 169 of 566 Item 12 Attachment B - Project Area Item 12: Staff Report Pg. 38 Packet Pg. 170 of 566 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: December 16, 2024 Staff Report: 2408-3416 TITLE Approval of Contract Amendment No 1 to Contract Number C22177024A with CLEAResult Consulting Inc., Extending the Term for Two Additional Years Through November 14, 2026, a Change in the Compensation Structure, and no Change in Not-to-Exceed Amount of $2,571,714 for Efficiency and Electrification Program Services for Small to Medium Business and Commercial Customers; CEQA Status: Not a Project. RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or designee to execute Amendment No. 1 to C22177024A with CLEAResult Consulting Inc. (Attachment A) for a 2-year extension through November 14, 2026, with a modified compensation structure and no change in not-to-exceed amount of $2,571,714. BACKGROUND Council has adopted several policies which support funding programs that maximize the deployment of cost-effective, reliable, and feasible energy efficiency (EE) within the City. Council adopted the City’s first 10-year electric and gas EE goals in 2007, with a cumulative reduction target of 3.5% electric and gas EE savings (35,000 MWh and 1,200,000 therms) between 2008 and 2017. Since then, Council adopted updates to the EE goals in 2010, 2013, 2017, and most recently, in May 2021 (Staff Report ID # 120681) for the 10-year period between 2022 and 2031. The cumulative electric savings target in the latest EE goals is 4.4% (or 37,940 MWh) of the City’s projected electric usage in 2031. To achieve these aggressive EE goals, the City has contracted with CLEAResult since 2021 (Staff Report ID # 136802), to address the need for EE and electrification support for the City’s SMB and commercial customers. 1 Staff report ID# 12068 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2021/id-12068.pdf 2 Staff Report ID# 13680 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81630 Item 13 Item 13 Staff Report Item 13: Staff Report Pg. 1 Packet Pg. 171 of 566 Along with its EE goals, Council adopted the ambitious goal of reducing the community’s greenhouse gas (GHG) emissions 80% below 1990 levels by 2030 (“80x30”) for the City’s Sustainability and Climate Action Plan (S/CAP). As of 2021, the community’s GHG emissions are 54% below 1990 levels, although emissions from the use of natural gas have remained largely unchanged, representing 38% of the community’s emissions in 2021. To meet the 80x30 goal, the City must reduce natural gas use by emphasizing the importance of efficiency while encouraging the transition to electric equipment. However, there are significant barriers to electrification of commercial buildings, including customers' uncertainty about electric technology, high costs, and complexities related to permitting. To overcome these barriers, the City of Palo Alto Utilities (CPAU) engaged CLEAResult to deliver energy efficiency and commercial electrification programs to small and medium businesses (SMB) that include outreach, energy and electrification assessments, and ongoing technical assistance. ANALYSIS Item 13 Item 13 Staff Report Item 13: Staff Report Pg. 2 Packet Pg. 172 of 566 recommended revised costs remain lower than other proposals received during the original RFP process. •Reduce energy consumption and water consumption by continuing to support and engage SMBs, while aligning with the City’s S/CAP goals for cleaner and more energy efficient commercial operations. •Reduce GHG emissions at commercial facilities by providing technical assistance to customers removing natural gas and installing efficient electric equipment on-site. This will aid the City in reaching its S/CAP goal of reducing carbon emissions in the commercial sector. •Provide a service to SMB customers, which results in positive relationship development between Palo Alto businesses and the City. FISCAL/RESOURCE IMPACT ENVIRONMENTAL REVIEW Item 13 Item 13 Staff Report Item 13: Staff Report Pg. 3 Packet Pg. 173 of 566 ATTACHMENTS APPROVED BY: Item 13 Item 13 Staff Report Item 13: Staff Report Pg. 4 Packet Pg. 174 of 566 DocuSign Envelope ID: 7B254660-1795-4EF4-A9C6-713A9338D1FF Professional Services Rev. Dec.15, 2020 AMENDMENT NO. 1 TO CONTRACT NO. C22177024A BETWEEN THE CITY OF PALO ALTO AND CLEARESULT CONSULTING INC. This Amendment No. 1 (this “Amendment”) to Contract No. C22177024A (the “Contract” as defined below) is entered into as of December 2, 2024 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CLEAResult Consulting Inc., a Texas corporation, located at 6504 Bridge Point Pkwy, Suite 425, Austin, Texas 78730 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties to provide building water and energy efficiency advisory services and electrification technical assistance to nonresidential customers (the “Project”) and to develop and implement a Small Business Energy Advisor Program and Commercial Electrification Assistance Program, as detailed therein. B. The Parties now wish to amend the Contract in order to extend the term by twenty-two months and 15 days and to clarify the scope of services with no change to the total Not to Exceed amount of the contract. 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. C22177024A between CONSULTANT and CITY, dated November 15, 2021. 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 2 “TERM” of the Contract is hereby amended to read as follows: “The term of this Agreement shall be from the date of its full execution through completion of the Services in accordance with Exhibit B, entitled “SCHEDULE OF PERFORMANCE”, but in no event later than November 14, 2026, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.” SECTION 3. The following exhibit(s) to the Contract is hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES PREVIOUS. b. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS. c. Exhibit “C-1” entitled “SCHEDULE OF RATES”, AMENDED, REPLACES PREVIOUS. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 5 Packet Pg. 175 of 566 DocuSign Envelope ID: 7B254660-1795-4EF4-A9C6-713A9338D1FF Professional Services Rev. Dec.15, 2020 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.) Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 6 Packet Pg. 176 of 566 DocuSign Envelope ID: 7B254660-1795-4EF4-A9C6-713A9338D1FF Professional Services Rev. Dec.15, 2020 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO _____________________________ City Manager APPROVED AS TO FORM: _____________________________ City Attorney or designee CLEARESULT CONSULTING, INC. By:______________________________ Name:___________________________ Title:____________________________ By:______________________________ Name:___________________________ Title:____________________________ Attachments: EXHIBIT “A”: SCOPE OF SERVICES (AMENDED, REPLACES PREVIOUS) EXHIBIT “C”: COMPENSATION (AMENDED, REPLACES PREVIOUS) Exhibit “C-1”: SCHEDULE OF RATES (AMENDED, REPLACES PREVIOUS) Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 SVP West Kecia Davison Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 7 Packet Pg. 177 of 566 Page 4 of 29 EXHIBIT A SCOPE OF SERVICES (AMENDED, REPLACES PERVIOUS) AMENDMENT NO. 1 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. The City of Palo Alto (“CITY”) has adopted an aggressive greenhouse gas (“GHG”) emissions reduction goal of reducing emissions to 80% below 1990 levels by 2030; building electrification is a key strategy to meeting this goal. Natural gas use by nonresidential customers account for 55% of the City’s natural gas consumption, or around 18% of the City’s GHG emissions reductions as of 2019. To meet its sustainability goals, the City is encouraging business customers and nonresidential building owners to pursue cost-effective energy efficiency and electrify their buildings to reduce the use of natural gas. CONSULTANT will leverage its technical expertise and local experience to deliver the following programs within the City of Palo Alto: (i) Business Energy Advisor (“BEA”) Program is a water and energy efficiency program targeting small to medium business customers on the commercial billing rate, primarily in buildings under 50,000 sq.ft.; (ii) Business Electrification Technical Assistance Program (“BETAP”) is a nonresidential building electrification program that provides technical assistance to help building owners on the commercial billing rate convert gas equipment to efficient electric alternatives. Each a (“Program”) and together (“Programs”). City of Palo Alto Utilities (“CPAU”) will provide customer energy consumption data to CONSULTANT to analyze energy use and pre-screen eligible customers to receive services. A. OVERVIEW OF BEA Brief Program Description This Program is designed to assist small and medium business (“SMB”) customers with achieving cost effective energy efficiency (“EE”) and water savings at their facilities by offering turnkey, multi-measure, comprehensive energy efficiency advising services. The Program will target water, Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 8 Packet Pg. 178 of 566 Page 5 of 29 gas, and electric energy efficiency of both existing and new energy-consuming equipment at the customer sites. CONSULTANT will engage SMB customers through marketing and direct outreach to perform a site assessment. The site assessment will identify energy efficiency measures (“EEM”) and estimated project cost. CONSULTANT will support the customer with finding a contractor, advising throughout the process of implementing the EEM(s), verifying quality installation, and submitting the rebate application. The Program’s target markets include private schools and nonprofits, retail/office spaces, convenience/grocery stores, restaurants, institutions, hotels, motels, and other small and medium commercial establishments, excluding the CITY’s designated Key Account Customers. CITY buildings are not covered by this Program. BEA Program Savings Targets The program savings targets for the term of the Agreement are provided in the Table A.1 below noting the total program savings targets, the savings achieved to date, and the remaining program savings targets for the term of this agreement. Table A.1 - Represents the total program savings targets (November 15, 2022-November 14, 2026), the savings achieved to date, and the remaining program savings targets for the term of this agreement: Savings Targets Program Savings Achieved to Date (November 15, 2022- Target Allocation (July 1, 2024 – Gross kWh savings 285,495 41,545 243,950 Gross therm savings 30,000 0 30,000 Water savings in centum cubic feet Eligible Measures All measures listed in the CPAU rebate catalog for business customers are eligible under this Program. Custom EE measures, new prescriptive measures, and other emerging technologies need to be pre-approved by City Project Manager in advance of installation or inclusion in the Program in order for CONSULTANT to receive compensation for such measures. CONSULTANT shall provide the projected energy and water savings and supporting documentation for the savings estimates to CITY for measures not covered by the CPAU rebate catalog for business customers. Projected energy and water savings must be based on credible sources such as the California Technical Forum (“CalTF”) electronic Technical Reference Manual (“eTRM”), California Public Utility Commission (“CPUC”) Database for Energy Efficiency Resources, approved workpapers, etc. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 9 Packet Pg. 179 of 566 Page 6 of 29 Program Staffing CONSULTANT agrees to staff the Program in accordance with the Staffing Plan set forth below in Table A.2. CONSULTANT shall notify the CITY concerning proposed changes to the Staffing Plan; all such changes require 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, contractors or agents that may enter customer property, and (ii) require that any staff, contractor, or agent of CONSULTANT that fails the background check shall not be permitted to enter any customer premises. Table A.2. BEA Staff Contacts Ann Marie Mastrippolito Program Director 415-965-3004 AnnMarie.Mastrippolito@clearesult.com Develops strategies and tactics to deliver Develops strategies and tactics to deliver effective program performance by directing the work of employees assigned to the program from technical, marketing, operations, analytics, and administrative Kelly Lewis Assoc. Program Manager 650-538-3514 Kelly.Lewis@clearesult.com the Program is delivered within budget and is responsible for managing, training, Megan Pederson Operations Specialist Megan.Pederson@clearesult.com management, metrics and reporting, team facilitation and coordination, and Sarah Rankin Assoc. Account Manager 650-229-8275 Sarah.Rankin@clearesult.com their business and energy objectives and guide them towards solutions. Supports Feranmi Akinpelu Energy Engineer II Performs site assessments of customer facilities and generates reports detailing findings. Provides support for technical or measure specific questions Energy Engineer II Performs site assessments of customer facilities and generates reports detailing findings. Provides support for technical or measure specific questions Energy Engineer II Performs site assessments of customer facilities and generates reports detailing findings. Provides support for technical or measure specific questions Engineer Manager Supports the development and delivery of Programs by providing engineering calculations, measurement and verification, and utility program technical design Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 10 Packet Pg. 180 of 566 Page 7 of 29 King Lee Sr. Engineering Manager improve our engineers’ services to consistently delivering high quality work on time Jennifer Wilson Marketing Account Manager Program Implementation & Delivery Task A.1 PROGRAM KICK OFF Task A.1.1 Program Kick-Off Meeting CONSULTANT will develop agenda for Program Kick Off Meeting and organize the Kick-Off Meeting with CITY staff to review PROGRAM design and delivery, roles, timelines and priorities in the delivery of the PROGRAM. The meeting will also cover logistics, marketing, coordination, measurement and verification activities, establishing workflow systems, invoicing requirements, reports, and any remaining contractual questions. CONSULTANT and CITY will discuss new technologies as potential eligible measures, where appropriate, refine timelines and identify additional CITY needs for the PROGRAM. CONSULTANT will identify customer data needs from CPAU to inform customer segment analyses and outreach. Task A.1.1 Deliverable: Meeting agenda and meeting minutes Task A.1.2 Develop Program Plan In coordination with CPAU staff, CONSULTANT shall develop the following documents: (a) Policies and Procedures Manual CONSULTANT shall develop, adhere to, and document its compliance with the Policies and Procedures Manual in the Program’s implementation, including the terms and conditions for customers participating in the Program, the process for customers participating in the program and receiving incentive funds, customer complaint and resolution plan, the process for identifying, implementing, measuring and verifying energy efficiency measures, and the process for rebate application and processing. The Policies and Procedures Manual shall also include a Quality Assurance and Quality Control Plan. Task A.1.2.a Deliverable: Program Policies and Procedures Manual (b) Marketing Plan CONSULTANT shall develop a Marketing Plan that outlines marketing activities to reach the target customers. Marketing activities may include outbound call campaign, customer workshops, and webinars. The Marketing Plan will identify outreach activities, workshops, locations, and frequency. CONSULTANT may enlist the assistance of local affinity groups, Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 11 Packet Pg. 181 of 566 Page 8 of 29 including the Palo Alto Chamber of Commerce, the Palo Alto Merchant Association and various property management companies to better enable CONSULTANT to serve CPAU customers. CONSULTANT shall track and capture data on how customers are finding out about the program. Task A.1.2.b Deliverable: Program Marketing Plan Task A.1.3 Develop Program Documents CONSULTANT shall develop documents necessary for Program implementation and submit such to CPAU for approval before any distribution, circulation, or publication. CONSULTANT shall revise and produce new documents as needed to implement and promote the Program. (a) Program Website Content In collaboration with CITY staff, CONSULTANT will design and produce informational web content related to the Program, which the CITY will publish. CITY shall provide input on web content as requested by CONSULTANT and CITY maintains final rights approval. The Program website will include a customer sign-up web-to-lead HTML form. Task A.1.3.a Deliverable: Program Website Content (b) Customer Site Assessment Report Template CONSULTANT shall create a Customer Site Assessment Report Template that includes the necessary information for a customer to understand their energy and water usages and efficiency opportunities. In addition, it will include information on available rebates and financing options available. Projected. energy and water savings must be based on credible sources such as the Cal TF eTRM, CPUC Database for Energy Efficiency Resources, approved workpapers. Task A.1.3.b Deliverable: Customer Site Assessment Report Template (c) Program Participation Agreement CONSULTANT shall create a Program Participation Agreement that collects basic information from the customer, including facility contact information. The Program Participation Agreement will also act as a Site Access Agreement for the Program and must be signed and returned to CONSULTANT before the site assessment takes place. Task A.1.3.c Deliverable: Program Participation Agreement (d) Incentive Release and Customer Feedback CONSULTANT shall develop an Incentive Release template to facilitate the disbursement of the incentive to the customer or an assigned third-party, acknowledge receipt of the project, and obtain customer feedback including the Net Promotor Score value. The Incentive Release and Customer Feedback template shall be reviewed and approved by CPAU. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 12 Packet Pg. 182 of 566 Page 9 of 29 Task A.1.3.d Deliverable: Incentive Release and Customer Feedback Template (e) Program Invoice and Reporting Template CONSULTANT shall create a standard Program report template to meet CPAU’s reporting requirements, including monthly invoice, quarterly Program report, annual Program report. CONSULTANT shall work with CITY to finalize Program performance metric to include in the Program reports. These metrics may include: number of customers participating in the Program, energy savings, completed customer projects, customer satisfaction/net promoter score, customer contact information, summary of customer compliments and/or complaints, reasons for rejection of proposed installations by customer. CONSULTANT shall submit the Program invoice and reporting templates to CPAU for review and approval before use. Task A.1.3.e Deliverable: Program Invoice and Reporting Templates, and inputting of data into CPAU’s assigned database Task A.1.4 Establish BEA customer incentive levels CONSULTANT shall propose BEA customer incentives at the measure level, using the Business Customer Rebates as a starting point, and submit to CPAU for approval before program launch. CONSULTANT shall provide additional information such as incremental and total measure cost, and customer payback calculation as requested by CITY in order to review and approve the proposed incentives. TASK A.2 – PROGRAM IMPLEMENTATION Task A.2.1 Rebate Administration CONSULTANT will provide a portal for rebate application submission and administration. This portal will collect the necessary information from customers and/or contractors that have executed agreements to participate in the Program (“Trade Allies”) to verify customer and measure eligibility, the details of which will be described in the Policies and Procedures Manual. CITY will provide CONSULTANT with customer account data for the purposes of validating eligibility. This portal will track installations, rebate applications and other associated key metrics that will be included in reporting to the CITY. CONSULTANT will manage the rebate application process, including application verification and issuance of rebate payments to customers or their delegates. After verification of an application, CONSULTANT will submit an incentive invoice to the CITY. After payment is received from the CITY, CONSULTANT will issue rebate to participant. BEA incentives will be set by the CONSULTANT with agreement from the CITY. They will be based on the CPAU rebate catalog for business customers with higher incentive levels to address the unique barriers of the SMB segment. These incentive levels will be determined and submitted to CPAU in advance of Program launch. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 13 Packet Pg. 183 of 566 Page 10 of 29 Task A.2.1 Deliverable: Customer rebate application portal customized for BEA Task A.2.2 Recruit, Train and Manage Trade Allies CONSULTANT will recruit, train, and manage a network of Trade Allies who provide energy efficiency services to SMB customers in the City of Palo Alto. The goal of this network is to verify there are qualified and trained contractors available and to reduce the participation barrier for customers associated with identifying installers to perform the work. CONSULTANT shall provide in-person and/or online training on the Program process, eligibility requirements, incentives, and a high-level overview of typical measures and their applications to Trade Allies. A Program representative shall be available to assist Trade Allies on an on-going basis to answer any questions related to the Program. Task A.2.3 Implement Marketing and Outreach Plan CONSULANT will conduct marketing, education, and outreach (“ME&O”) through a variety of channels, targeting property owners, property management companies and local businesses among others to generate leads for the Program. (a) Marketing Materials In collaboration with CITY staff, CONSULTANT will develop marketing material that may include brochures, flyers, displays, postcards, direct mail letters, bill inserts, dynamic digital content such as videos and web content, and press releases. Determination of applicable materials will be made by the CONSULTANT as tools to deliver on Program goals. CITY shall have final decision-making authority about if and when to print and mail marketing material. CITY maintains the right to control all materials being distributed by CONSULTANT while considering potential impacts to program goals. Customer mailing lists for direct mail pieces shall be determined by CITY; however, CONSULTANT may provide input, suggested mailing lists and methodologies. If applicable, CONSULTANT and CITY shall design email marketing campaigns and email customer satisfaction surveys; CITY maintains final rights of approval. CITY shall be responsible for sending the email marketing information and tracking responses if they choose. CONSULTANT shall co-brand all marketing material with CPAU’s logo in a prominent location and follow all CITY style, color and branding guidelines. CONSULTANT shall not use CPAU’s logos or brand standards without the approval of CITY. CONSULTANT shall submit to CITY all marketing materials, including press releases, brochures, social media posts and any other content mentioning the Program in any capacity for approval prior to publishing said Program materials. (b) Marketing, Education and Outreach Implementation CONSULTANT will begin an initial ME&O campaign to SMBs to drive awareness of the Program, establish relationships and discuss the services offered through the Program. This campaign includes: • Outreach to SMBs through targeted direct marketing and phone campaigns. • Recommend content to CITY to directly promote the Program through bill Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 14 Packet Pg. 184 of 566 Page 11 of 29 inserts, email communications, direct mail postcards and other relevant marketing channels. • Assist CITY to launch Program webpages with web-to-lead forms for customer sign- ups which are directly linked to CONSULTANT and CITY’s data management system. • Provide CITY Account Management team with Program training. CONSULTANT will develop Program talking points for use by Key Account Managers and other Program stakeholders. (c) Financing education and referrals CONSULTANT will provide customers with information about financing offerings that are available to help drive project adoption through Energy Advisor and Account Management team. Task A.2.4 Program Enrollment and Support CONSULTANT will field customer inquiries, enroll them in the assessment program, and support and encourage customers to complete energy and water efficiency improvements. • CONSULTANT will encourage and track progress of all interested participants. • Communicate Program details to customers and educate them on the process of obtaining an assessment and performing efficiency upgrades. • Schedule and conduct site visits to determine eligibility. Enroll sites that have been screened and identified as eligible. • Phone Advisory Service o The majority of customers participating in this Program do not have experience with energy efficiency. CITY expects that in most cases, multiple touch points will be necessary for a successful installation. o CONSULTANT will set up a dedicated phone line with a (650) area code for phone based advising. o Through phone-based services, CONSULTANT will provide proactive, individualized, and ongoing assistance with regards to energy and water efficiency installations and when appropriate, educate customers about potential other CITY programs and opportunities. Task A.2.5 Perform Energy & Water Efficiency Assessments and Measure Recommendations The Program provides no-cost energy audits of SMBs and assistance in planning energy- efficient upgrades. CONSULTANT will perform in-person or remote energy efficiency assessments. Customers will express their interest via the Energy Advisor, or other mutually agreed upon enrollment mechanisms, which will be transmitted to CONSULTANT for customer follow-up. Once scheduled, the CONSULTANT will verify the customer understands the assessment process and safety procedures that will be followed and will obtain a signed Program Participation Agreement from the customer before the site assessment. Each assessment will include a site evaluation (in-person or virtual) and data collection along with energy education. Virtual assessments are defined as assessments completed through virtual or phone interviews and/or data transfers from the customer to produce an Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 15 Packet Pg. 185 of 566 Page 12 of 29 assessment report. CONSULTANT will submit customer reports to CITY for review within two weeks of the scheduled site assessment. If the CONSULTANT requires additional time to submit the assessment report (e.g. data collection needs), CONSULTANT shall submit a request with justification and may be allowed additional, mutually agreed upon, time to submit. Once the report is approved by CITY, the CONSULTANT will provide the report to the customer. The CONSULTANT will review the plan with the customer, highlighting the top opportunities, rebates, and potential financing opportunities. The audit report will include the following information: • The name, address and contact info of the customer served and the business type • The date of the energy audit • A mechanical equipment inventory of the customer’s facility. Such equipment shall include type and quantity of existing lighting fixtures; type, age and quantity of heating and cooling equipment; type, age and quantity of water heating equipment; and other energy consuming systems that have a potential for cost effective retrofit or replacement • The associated CCF, kWh, kW, and therms savings for the recommended measures • Any associated rebate offerings and information on other rebate programs • Rebate caps (up to 100% of project cost), if applicable. Eligible project cost includes material, labor, and permit costs. Task A.2.6 Customer Project Implementation Support CONSULTANT will offer support to interested SMB customers after completion of the Site Assessment aimed at reducing barriers to implementation of eligible energy and water savings measures. • Energy Advisor and/or Account Manager will provide customer with a list of pre-screened Trade Allies capable of performing the services identified in the site assessment and requested by the customer to drive energy and water efficiency. • CONSULTANT will inform customers of permitting requirements for those projects that require CITY permits. • CONSULTANT staff will remain available through the implementation process to answer questions about project scope, review supplier- provided bids, confirm eligibility of specific equipment and provide resources on financing options. Task A.2.7 Provide Pre- and Post-installation Quality Control CONSULTANT will complete on-going quality control (“QC”) activities as needed to verify that each project has been installed properly and documented accurately. The QC process helps to verify that savings are accurately calculated to maintain high realization rates. This includes: • Pre- and post-installation field inspections as needed, based on sampling criteria defined in the Policies and Procedures Manual. • Review of project documentation to verify customer installed measures meet Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 16 Packet Pg. 186 of 566 Page 13 of 29 Program eligibility requirements. • For custom projects, where applicable, verification of the energy baseline created to define the savings available from the proposed measure(s). This is completed by confirmation of existing energy use patterns over a defined time period, facility hours of operation and any weather/temperature impacts. Task A.2.8 Customer Rebate Application Support and Rebate Processing CONSULTANT will provide support to customer with rebate application using the portal described in Task A.2.1. CONSULTANT will process the rebate application as defined in the Policies and Procedures Manual with a turnaround time of no more than ten (10) business days from when a complete application is received. Task A.2.9 Customer Feedback and Issue Resolution CONSULTANT shall request customer feedback as described in A.1.3.(e). This will evaluate the energy and water efficiency assessment, the on-going support and rebate process associated with the BEA Program. CONSULTANT shall provide customer feedback results to CITY in 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. CONSULTANT will pursue continuous improvements to drive customer satisfaction. Customer feedback issues will be tracked by CONSULTANT using the monthly reports, as well as a completed complaint form. CITY retains the right to separately survey Program participants. If any issues cannot be resolved to the satisfaction of the customer by CONSULTANT within five business days, CONSULTANT shall immediately provide CITY with a detailed description of any such complaint which will include the name and contact information of the customer and any other information requested by CITY. TASK A.3 – INVOICING AND REPORTING Task A.3.1 Data Management CONSULTANT shall utilize its data management system to provide data tracking, analysis and reporting as well as actionable insights regarding real-time Program performance. In addition to tracking Program progress, CONSULTANT shall track detailed customer information such as barriers and motivations as well as planned future upgrades to support on-going Program operations. Task A.3.2 Reporting CONSULTANT shall provide Program reports to CPAU that are consistent with the reporting templates. Additionally, CONSULTANT shall upload reports into CITY’s reporting database on a monthly basis in order to complete invoicing. CONSULTANT shall respond to ad-hoc data requests by CITY to meet evaluation, measurement, and verification (“EM&V”) and other regulatory requirements. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 17 Packet Pg. 187 of 566 Page 14 of 29 Task A.3.3 Invoicing CONSULTANT shall invoice CITY on a monthly basis consistent with Section 5 of the Agreement and in accordance to the more specific guidelines set forth in this Exhibit “A” and in Exhibit “C”, “Compensation” through the CITY designated submission approach or system. TASK A.4 – PROGRAM CLOSE-OUT Task A.4.1 Resolve Outstanding Jobs in Progress The CONSULTANT shall attempt to resolve all outstanding jobs in progress, as well as customer complaints. Task A.4.2 Ramp-Down Plan CONSULTANT shall provide a plan to ramp down the Program (“Program Ramp-Down Plan”). To ensure Program closure CONSULTANT shall plan a Program ramp-down period to commence no later than at a date directed by CITY. The CONSULTANT’s Program Ramp- Down Plan shall take into consideration that all services must be completed, including but not limited to; all site assessments completed, all Projects and Measures installed, and customer projects approved for installation that have not begun installation by a date approved by CITY. The Program Ramp-Down Plan shall include a Program Termination Notification to be delivered to all customers enrolled in the program. CONSULTANT shall develop and submit for CITY written approval a Program Termination Notification (“Notification”) as part of the Program Ramp-Down Plan. CONSULTANT shall send a Notification of upcoming program closure to customers via email, mail, or method agreed upon by CITY at a date approved by CITY. This Program announcement shall notify customers the program will be ending. This Notification shall also address how active and committed projects will be addressed. The Notification may also encourage the customer to actively pursue other CITY programs that may be available, and to contact CITY for further information regarding energy efficiency programs. Task A.4.3 Final Program Report CONSULTANT will submit a final report which includes a narrative with an overview of the Program and spreadsheet detailing the budget, CPAU customer program participation data (including customer contact information, site assessment and project completion energy savings data) and actual Program cost. The final report will include Program achievements, challenges, goals, and lessons learned. CONSULTANT agrees to deliver the final report within 30 calendar days of the end of the Term as such date may be extended at the sole discretion of CITY. CONSULTANT shall maintain electronic copies of invoices for two years as required by the CITY. B. OVERVIEW OF BETAP Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 18 Packet Pg. 188 of 566 Page 15 of 29 Brief Program Description This Program is designed to assist nonresidential customers with converting gas equipment to efficient electric alternatives at their facilities. The Program services will cover education and marketing to building owners, property managers, facility managers, and other key personnel; technical assistance to support customers’ building electrification journey; and post-installation quality control. The Program will target the replacement of rooftop gas pack units and gas water heaters in nonresidential buildings and will also address other gas equipment in commercial kitchens, pools and spas where applicable. Program Savings Targets The Program savings targets for the term of the Agreement are provided in Table B.1 below noting the total program savings targets, the savings achieved to date, and the remaining program savings targets for the term of this agreement. Electrification savings Calculations are detailed in Task B.1.3.(b). Table B.1 - Business Electrification Technical Assistance Program Targets Term Total Program Savings Target (November 15, 2022-November 14, Program Savings Achieved to Date (November 15, 2022- Program Savings Target Allocation (July 1, 2024 – November 14, 2026) Net kWh savings 5,423,350 2,154 5,421,196 The estimated lifetime avoided GHG emissions reduction for the electrification measures for this Program is 19,899 metric tons (MT). Eligible Measures All measures listed in the CPAU rebate catalog for business customers are eligible under this program. Custom electrification measures, new prescriptive measures, and other emerging technologies need to be pre-approved by City Project Manager in advance of installation or inclusion in the Program in order for CONSULTANT to receive compensation for such measures. CONSULTANT shall provide the projected electrification savings and supporting documentation for the savings estimates to CITY for measures not covered by the CPAU rebate catalog for business customers. Projected electrification savings must be based on credible sources such as the CalTF eTRM, CPUC Database for Energy Efficiency Resources, approved workpapers, etc. CITY will ensure there are custom incentives and electrification measures rebates available to nonresidential customers during the term of the Program. Program Staffing CONSULTANT agrees to staff the Program in accordance with the Staffing Plan set forth below in Table B.2. CONSULTANT shall notify the CITY concerning proposed changes to the Staffing Plan; all such changes require prior written consent of the CITY. CITY reserves the right to (i) request CONSULTANT conduct criminal background checks to CITY’s Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 19 Packet Pg. 189 of 566 Page 16 of 29 satisfaction on all CONSULTANT’s staff, contractors or agents that may enter customer property, and (ii) require that any staff, contractor or agent of CONSULTANT that fails the background check shall not be permitted to enter any customer premises, Without limiting Section 16 (Indemnity) of the Agreement CONSULTANT agrees and understands it is responsible for all costs and damages associated with any theft, vandalism, damage or criminal acts involving or committed by CONSULTANT staff, subconsultants or agents involving a customer or customer premises. Table B.2. BETAP Program Staff Contacts Name Title Phone Email Ann Marie Mastrippolito Program Director 415-965-3004 AnnMarie.Mastrippolito@clearesult.com Develops strategies and tactics to deliver Develops strategies and tactics to deliver effective program performance by directing the work of employees assigned to the program from technical, marketing, operations, analytics, and administrative Kelly Lewis Assoc. Program Manager 650-538-3514 Kelly.Lewis@clearesult.com the Program is delivered within budget and is responsible for managing, training, Megan Pederson Operations Specialist Megan.Pederson@clearesult.com management, metrics and reporting, team facilitation and coordination, and Sarah Rankin Assoc. Account Manager 650-229-8275 Sarah.Rankin@clearesult.com their business and energy objectives and guide them towards solutions. Supports Feranmi Akinpelu Energy Engineer II Performs site assessments of customer facilities and generates reports detailing findings. Provides support for technical or measure specific questions Energy Engineer II Performs site assessments of customer facilities and generates reports detailing findings. Provides support for technical or measure specific questions Energy Engineer II Performs site assessments of customer facilities and generates reports detailing findings. Provides support for technical or measure specific questions Engineer Manager Supports the development and delivery of Programs by providing engineering calculations, measurement and verification, and utility program technical design Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 20 Packet Pg. 190 of 566 Page 17 of 29 King Lee Sr. Engineering Manager improve our engineers’ services to consistently delivering high quality work on time Jennifer Wilson Marketing Account Manager Program Implementation & Delivery Task B.1 PROGRAM KICK OFF Task B.1.1 Program Kick-Off Meeting CONSULTANT will develop agenda for Program Kick Off Meeting and organize the Kick-Off Meeting with CITY staff to review PROGRAM design and delivery, roles, timelines and priorities in the delivery of the PROGRAM. The meeting will also cover logistics, marketing, coordination, measurement and verification activities, establishing workflow systems, invoicing requirements, reports, and any remaining contractual questions. CONSULTANT will identify customer data needs from CPAU to inform customer segment analyses and outreach. Task B.1.1 Deliverable: Meeting agenda and meeting minutes Task B.1.2 Develop Program Plan In coordination with CPAU staff, CONSULTANT shall develop the following documents: (a) Policies and Procedures Manual CONSULTANT shall develop, adhere to, and document its compliance with the Policies and Procedures Manual in the Program’s implementation, including the terms and conditions for customers participating in the Program, the process for customers participating in the Program, customer complaint and resolution plan, and the process for identifying, implementing, measuring and verifying energy efficiency measures. The Policies and Procedures Manual shall also include a Quality Assurance and Quality Control Plan. Task B.1.2.a Deliverable: Program Policies and Procedures Manual (b) Marketing Plan CONSULTANT shall develop a Marketing Plan that outlines marketing activities to reach the target customers. Marketing activities may include: outbound call campaign, customer workshops, and webinars. The Marketing Plan will identify outreach activities, workshops, locations and frequency. CONSULTANT may enlist the assistance of local affinity groups, including the Palo Alto Chamber of Commerce, the Palo Alto Merchant Association and various property management companies to better enable CONSULTANT to serve CPAU Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 21 Packet Pg. 191 of 566 Page 18 of 29 customers. CONSULTANT shall track and capture data on how customers are finding out about the Program. Task B.1.2.b Deliverable: Program Marketing Plan Task B.1.3 Develop Program Documents CONSULTANT shall develop documents necessary for Program implementation and submit such documents to CPAU for approval before any distribution, circulation, or publication. CONSULTANT shall revise and produce new documents as needed to implement and promote the Program effectively. (a) Program Website Content In collaboration with CITY staff, CONSULTANT will design and produce informational web content related to Program which the CITY will publish. CITY shall provide input on web content as requested by CONSULTANT and CITY maintains final rights approval. The Program website will include a customer sign-up web-to-lead HTML form. Task B.1.3.a Deliverable: Program Website Content (b) Customer Site Assessment Report Template CONSULTANT shall create a Customer Site Assessment Report Template that includes the necessary information for a customer to understand their electrification opportunities. In addition, it will include information on available rebates and financing options. Electrification Assessment Reports will include: • Inventory of physical conditions, effective age and estimated remaining lifespans of gas burning assets • Summary of annual natural gas consumption data provided by CITY, with identification of the largest natural gas equipment or end use loads • Identification of energy efficient electric equipment as replacement for current natural gas equipment (each a “measure”), with comparison of the cost (initial and operating) and energy consumption (natural gas and electric) of the electric vs gas equipment, and emissions reductions for the replacement of each existing gas equipment • Evaluation of the condition and capacity of the existing electrical systems and recommend upgrades that may be necessary to enable the proposed measures • Recommend locations for new electrical equipment, noting any observed space or structural constraints and possible remedies. • Information on required CITY permits • Inform customers to work with licensed contractors to complete permit required projects. • Estimate of CPAU electrification incentives available for identified measures, with a note that all rebates are capped at the total project cost. Eligible project cost includes material, labor, and permit costs. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 22 Packet Pg. 192 of 566 Page 19 of 29 Projected annual electrification savings shall be calculated for each measure based on the following formula: Electrification savings (net kWh/yr) = Annual Gas savings (therms/yr) x 29.3 minus Annual net increase in electric use of proposed equipment (kWh/yr) where 29.3 = conversion factor from therm to kWh Task B.1.3.b Deliverable: Customer Site Assessment Report Template (c) Program Participation Agreement CONSULTANT shall create a Program Participation Agreement that shall collect basic information from the customer, including facility contact information. The Program Participation Agreement will also act as a Site Access Agreement for the Program and must be signed and returned to CONSULTANT before the site assessment takes place. Task B.1.3.c Deliverable: Program Participation Agreement (d) Customer Project Completion Sign-off and Customer Feedback CONSULTANT shall develop a Customer Project Completion sign-off document after the completed installation of the electrification measure and a template for customer feedback including how the customer heard about the program and the Net Promotor Score value. The Customer Project Completion Sign-Off document and Customer Feedback template shall both be reviewed and approved by CPAU. Task B.1.3.d Deliverable: Customer Project Completion Sign-off Form and Customer Feedback Template (e) Program Invoice and Reporting Template CONSULTANT shall create a standard programing report template to meet CPAU’s reporting requirements, including: monthly invoice, quarterly Program report, annual Program report. CONSULTANT will work with CITY to finalize Program performance metric to include in the Program reports. These metrics may include but are not limited to: number of customers participating in the Program, electrification savings, completed customer projects, customer satisfaction/net promoter score, customer contact information, summary of customer compliments and/or complaints, reasons for rejection of proposed installations by customer. CONSULTANT shall submit the Program invoice and reporting templates to CPAU for review and approval before use. Task B.1.3.e Deliverable: Program Invoice and Reporting Templates, and inputting of data into CPAU’s database TASK B.2 – PROGRAM IMPLEMENTATION Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 23 Packet Pg. 193 of 566 Page 20 of 29 Task B.2.1 Implement Marketing and Outreach Plan To generate leads for the Program, CONSULANT will conduct ME&O through a variety of channels, targeting property owners, property management companies and local businesses among others. (a) Key Account Coordination The CONSULTANT shall provide services to Key Accounts only by advanced, written authorization from the CITY. (b) Marketing, Education and Outreach Materials CONSULTANT and CITY will work together to develop up to 3 sector specific marketing brochure(s) for use by CITY and CONSULTANT to promote Program. CONSULTANT will submit to CITY all marketing materials; including website content, press releases, brochures, social media posts and any other content mentioning Program in any capacity for approval prior to publishing said Program materials. In all communications, the Program will be represented as a CITY program, including use of the CITY approved logo. CITY at its discretion may provide a Program name. In collaboration with CITY staff, CONSULTANT will develop marketing materials that may include brochures, flyers, displays, postcards, direct mail letters, bill inserts and press releases. Determination of applicable materials will be made by the CONSULTANT as tools to deliver on Program goals. CITY shall have final decision- making authority about if and when to print and mail marketing material. CITY maintains the right to control all materials being distributed by CONSULTANT while considering potential impacts to Program goals. Customer mailing lists for direct mail pieces shall be determined by CITY; however, CONSULTANT may provide input, suggested mailing lists and methodologies. If applicable, CONSULTANT and CITY shall design email marketing campaigns and email customer satisfaction surveys; CITY maintains final rights of approval. CITY shall be responsible for sending the email marketing information and tracking responses if they choose. CONSULTANT shall co- brand all marketing material with CPAU’s logo in a prominent location. CONSULTANT shall not use CPAU’s logos or brand standards without the approval of CITY. Task B.1.3.a Deliverable: Program Marketing Materials (c) Marketing, Education and Outreach Implementation CONSULTANT will begin an initial ME&O campaign to potential organizations to introduce the Program, establish relationships and discuss the services offered through the Program. This campaign includes: • Outreach to contacts provided by the CITY. • Outreach to local contractors to establish a pool of participating Trade Allies. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 24 Packet Pg. 194 of 566 Page 21 of 29 • Recommend content to CITY to directly promote the Program through bill inserts, email communications, direct mail postcards and other relevant marketing channels. • Assist CITY to launch Program webpages with web-to-lead forms for customer sign- ups which are directly linked to CONSULTANT and CITY’s data management system. • Provide CITY Account Management team with Program training. CONSULTANT will develop Program talking points for use by Program stakeholders. (d) Financing education and referrals CONSULTANT will provide customers with information about financing offerings that are available to help drive project adoption through Energy Advisor and Account Management team. Task B.2.2 Perform Electrification Assessments & Provide Recommendations Customer enrollment occurs when CONSULTANT gains the customer’s signature on the Program Participation Agreement between CONSULTANT and customer. CONSULTANT will schedule and conduct site visits (or virtual visits if necessary or feasible) to perform the electrification assessment. Virtual assessments are defined as assessments completed through virtual or phone interviews and/or data transfers from the customer in order to produce an assessment report. In advance of the visit, the CITY will provide energy consumption data, distribution grid infrastructure capacity and other requested data sources to support CONSULTANT’s assessment. At this site visit, CONSULTANT will collect all data necessary to develop the Customer Site Assessment Report described in Task B.1.3.c. Post visit, CONSULTANT will identify measures; conduct cost, energy and emission calculations; and then create a customized Customer Site Assessment Report. CONSULTANT will inform customers of permitting requirements for those projects that require CITY permits. CONSULTANT will endeavor to coordinate between CITY programs, such as the Electric Vehicle Technical Assistance Program, to maximize benefit to customers. Such coordination may result in referrals to other programs or joint delivery of services, such as an electric vehicle charging site assessment delivered simultaneous to the electrification assessment. CONSULTANT will deliver the complete Customer Site Assessment Report to CITY staff within two weeks of the site assessment and once approved, will return the report to the customer. If the CONSULTANT requires additional time to submit the assessment report (e.g. data collection needs), CONSULTANT shall submit a request with justification and may be allowed additional, mutually agreed upon, time to submit. CONSULTANT will also offer to all customers to review the report together in an online meeting to explain the findings, address any questions and begin planning implementation. Task B.2.3 On-going Technical Assistance Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 25 Packet Pg. 195 of 566 Page 22 of 29 Once a customer has decided to move forward with an electrification project, CONSULTANT will support the customer through project completion until project passes final inspection. The support provided will be: • Expert support for product selection and installation. • A list of qualified, pre-screened contractors for electrification installations. A trade ally/contractor list will be maintained by the CONSULTANT. • Assistance in reviewing and comparing bids from contractors. • Guidance to customer or contractor applying for permit with the CITY’s Development Center. • Application assistance for CITY’s Electrification Rebates CONSULTANT will provide post-installation guidance and support for customers; however, the customers are purchasing products, services, and warranties directly from vendors and installers, therefore customers will be guided to contact their service provider should there be maintenance, service, or warranty needs. Task B.2.4 Customer Sign-off on Project, Feedback and Issue Resolution CONSULTANT shall request customer complete the Customer Sign-off on Project Completion form upon the completed installation of the electrification measure. CONSULTANT will also request customer provide feedback using the Customer Feedback form. This will evaluate the electrification assessment and the project support aspects of the BETAP. CONSULTANT shall provide customer feedback to CITY in 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. CONSULTANT will pursue continuous improvements to drive customer satisfaction. Customer feedback issues will be tracked by CONSULTANT using the monthly reports, as well as a completed complaint form. CITY retains the right to separately survey Program participants. If any issues cannot be resolved to the satisfaction of the customer by CONSULTANT within five business days, CONSULTANT shall immediately provide CITY with a detailed description of any such complaint which will include the name and contact information of the customer and any other information requested by CITY. TASK B.3 – INVOICING AND REPORTING Task B.3.1 Data Management CONSULTANT shall utilize its data management system to provide data tracking, analysis and reporting as well as actionable insights regarding real-time Program performance. In addition to tracking Program progress, CONSULTANT shall track detailed customer information such as barriers and motivations as well as planned future upgrades to support on-going Program operations. Task B.3.2 Reporting CONSULTANT shall provide Program reports to CPAU that are consistent with the Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 26 Packet Pg. 196 of 566 Page 23 of 29 reporting templates. Additionally, CONSULTANT shall upload reports into CITY’s reporting database on a monthly basis in order to complete invoicing. CONSULTANT shall respond to ad-hoc data requests by CITY to meet EM&V and other regulatory requirements. Task B.3.3 Invoicing CONSULTANT shall invoice CITY on a monthly basis consistent with Section 5 of the Agreement and in accordance to the more specific guidelines set forth in this Exhibit “A” and in Exhibit “C”, “Compensation”. TASK B.4 – PROGRAM CLOSE-OUT Task B.4.1 Resolve Outstanding Jobs in Progress The CONSULTANT shall attempt to resolve all outstanding jobs in progress, as well as customer complaints. Task B.4.2 Ramp-Down Plan CONSULTANT shall provide a plan to ramp down the Program (“Program Ramp-Down Plan”). To ensure Program closure CONSULTANT shall plan a Program ramp-down period to commence no later than at a date directed by CITY. The CONSULTANT’s Program Ramp- Down Plan shall take into consideration that all services must be completed, including but not limited to; all site assessments completed, all Projects and Measures installed, and customer projects approved for installation that have not begun installation by a date approved by CITY. The Program Ramp-Down Plan shall include a Program Termination Notification to be delivered to all customers enrolled in the program. CONSULTANT shall develop and submit for CITY written approval a Program Termination Notification (“Notification”) as part of the Program Ramp-Down Plan. CONSULTANT shall send a Notification of upcoming program closure to customers via email, mail, or method agreed upon by CITY at a date approved by CITY. This Program announcement shall notify customers the program will be ending. This Notification shall also address how active and committed projects will be addressed. The Notification may also encourage the customer to actively pursue other CITY programs that may be available, and to contact CITY for further information regarding electrification programs. Task B.4.3 Final Program Report CONSULTANT will submit a final report which includes a narrative with an overview of the Program and spreadsheet detailing the budget and actual Program cost. The final report will include Program Achievements, challenges, goals, and lessons learned. CONSULTANT agrees to deliver the final report within 30 calendar days of the end of the Term as such date may be extended at the sole discretion of CITY. CONSULTANT shall maintain electronic copies of invoices for two years as required by the CITY. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 27 Packet Pg. 197 of 566 Page 24 of 29 EXHIBIT “C” COMPENSATION (AMENDED, REPLACES PERVIOUS) AMENDMENT NO. 1 The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth below, up to the not to exceed budget amount for each Program. The program budget for the term of the Agreement is provided in the tables below noting the total program budget (Table C.1.1), the budget spent to date (Table C.1.2) and the remaining program budget for the term of this agreement (Table C.1.3) For BEA, the compensation is comprised of start-up fee, site assessment fees, performance payments and customer incentive payments based on the reported energy and water savings. The not-to- exceed consultant payments over the term of this agreement are given as follows: Program start-up fee $26,645 (2%) Site assessment fees $288,000 (26%) Performance payments $ 260,683 (23%) Customer incentive payments $522,000 (47%) Additional Services $20,000 (2%) Total not-to-exceed BEA payment to CONSULTANT over the term of this agreement = $1,117,328 CITY shall pay the BEA start-up fee based on completion of Task A.1.2 (Develop program plan), Task A.1.3 (Develop program documents), and Task A.1.4 (Establish BEA customer incentive levels). Site assessments are compensated at the rate of $2,000 for in-person assessment, and $600 for virtual assessment, payable upon the delivery of assessment report to CPAU Project Manager. Virtual assessments are defined as assessments completed through virtual or phone interviews and/or data transfers from the customer in order to produce an assessment report. Performance payments are compensated based on the rate schedule in Table C.1, payable upon the verification of installed measures. Table C.1.1 below represents the total program budget (November 15, 2022-November 14, 2026): Total Program Budget: $1,117,328 Table C.1.2 below represents Program budget spent from November 15, 2022-June 30, 2024: Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 28 Packet Pg. 198 of 566 Page 25 of 29 Table C.1.3 below represents Program budget allocation for July 1, 2024-November 14, 2026: Total Allocated Program Budget: $969,701 Table C.2 Performance payment rate for Small Business Energy Advisor Description of Compensation Performance payment rate efficiency projects 1, 2025 – November 14, 2026) $0.1092/kWh for 1st year gross savings (November 15, 2022 – December 31, 2024) projects 1, 2025 – November 14, 2026) $0.5226/therm for 1st year gross savings measures) 2025 – November 14, 2026) $1.95/CCF for 1st year gross savings (November efficiency measure $0.87/kWh for 1st year gross savings (January 1, 2025 – November 14, 2026) Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 29 Packet Pg. 199 of 566 Page 26 of 29 $0.117/kWh for 1st year gross savings measure 1, 2025 – November 14, 2026) $0.65/therm for 1st year gross savings Payments for BEA Site Assessments: CPAU will cease making BEA site assessment payments if the difference between the cumulative site assessment fees and the cumulative Performance Payments exceeds 50% of the Performance portion of the total BEA budget. CONSULTANT may submit previously completed BEA site assessments for payment if BEA delivers additional savings while still maintaining the above ratio. CPAU may (but shall have no obligation to) modify this payment restriction to allow greater site assessment activity and fees relative to Performance Payments only upon the written approval by the CPAU Project Manager. CONSULTANT shall invoice CPAU for BEA site assessment upon completion of the audit report at each customer site. CONSULTANT shall invoice CPAU for the performance payment and customer incentive payment upon completion of post-installation QC and submission of rebate application to CPAU. For BETAP, the compensation is comprised of start-up fee, site assessment fees, and performance payments based on the reported energy savings. The program budget for the term of the Agreement is provided in the tables below noting the total program budget (Table C.3.1), the budget spent to date (Table C.3.2) and the remaining program budget for the term of this agreement (Table C.3.3). The not-to-exceed consultant payments over the term of this agreement are given as follows: Program start-up fee $30,000 (2%) Site assessment fees $638,000 (44%) Performance payments $786,386 (54%) Total not-to-exceed payment for BETAP over the term of this agreement = $1,454,386 CITY shall pay the BETAP start-up fee based on completion of Task B.1.2 (Develop program plan) and Task B.1.3 (Develop program documents). BETAP site assessments are compensated at the rate of $2,500 per project site and $600 for virtual assessment, payable upon the delivery of assessment report to CPAU Project Manager. Virtual assessments are defined as assessments completed through virtual or phone interviews and/or data transfers from the customer in order to produce an assessment report. Performance payments are compensated based on the rate schedule in Table C.2, payable upon the verification of installed measures. Table C.3.1 below represents the total program budget (November 15, 2022-November 14, 2026): Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 30 Packet Pg. 200 of 566 Page 27 of 29 Budget Amount Totals $1,454,386 Table C.3.2 below represents Program budget spent from November 15, 2022-June 30, 2024: Budget Amount Table C.3.3 below represents Program budget allocation for July 1, 2024-Novemeber 14, 2026: Budget Amount Totals $1,294,074 Table C.4 Performance payment rate for Business Electrification Technical Assistance Program Description of Compensation Performance payment rate Electrification savings $0.145/kWhe Payments for BETAP Site Assessments: CPAU will cease making BETAP site assessment payments if the difference between the cumulative site assessment fees and the cumulative Performance Payments exceeds 50% of the Performance portion of the total BETAP budget. CONSULTANT may submit previously completed BETAP site assessments for payment if BETAP delivers additional savings while still maintaining the above ratio. CPAU may (but shall have no obligation to) modify this payment restriction to allow greater site assessment activity and fees relative to Performance Payments only upon the written approval by the CPAU Project Manager. CONSULTANT shall invoice CPAU for BETAP site assessment upon completion of the assessment report at each customer site. CONSULTANT shall invoice CPAU for the performance payment upon the completion of Customer Project Completion Sign-off. Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 31 Packet Pg. 201 of 566 Page 28 of 29 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. There are no reimbursable expenses authorized in this Agreement. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization via email from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1, Schedule of Rates. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 32 Packet Pg. 202 of 566 DocuSign Envelope ID: 7B254660-1795-4EF4-A9C6-713A9338D1FF Professional Services Rev. Dec.15, 2020 EXHIBIT C-1 SCHEDULE OF RATES (AMENDED, REPLACES PREVIOUS) AMENDMENT NO. 1 Table C.3: Hourly Rates Senior Program Director / Program Director $215 Program Portfolio Manager / Senior Program Manager $160 Program Manager $137 Senior Engineering Manager / Engineering Manager $172 Energy Engineer $160 Senior Marketing Account Manager / Marketing Account Manager $120 Senior Account Manager / Account Manager $119 Sr. Field Manager / Field Manager $172 Sr. Commercial Field Specialist / Commercial Field Specialist $134 Program Analyst / Operations Analyst $106 Operations Specialist / Operations Coordinator $93 Docusign Envelope ID: 492357E7-9390-4671-A74E-560928F642F7 Item 13 Attachment A - CLEAResult, Contract C22177024A, Amendment No. 1 Item 13: Staff Report Pg. 33 Packet Pg. 203 of 566 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: City Manager Meeting Date: December 16, 2024 Report #:2411-3746 TITLE Approval of Contract Amendment Number 3 to Contract #S20178065 with OIR Group, in the Amount of $20,000 and for a six-month extension to continue Independent Police Auditing Services in Palo Alto. CEQA Status – Not a Project. RECOMMENDATION Staff recommends that City Council approve and authorize the City Manager or designee to execute Amendment No. 3 to Contract #S20178065 with OIR Group (Attachment A) to extend the contract through July 31, 2025 and add $20,000 for the continuation of independent police auditing services in Palo Alto. This amendment results in a revised total contract not-to-exceed amount of $232,500. BACKGROUND AND ANALYSIS Since 2006, Palo Alto has utilized an Independent Police Auditor (IPA) to conduct secondary review of defined investigations of uniformed Police Department personnel and provide related services. Since the inception of the IPA program, the City has contracted with the Office of Independent Review (OIR Group), to provide these services. Michael Gennaco and Stephen Connolly, the principals of OIR Group, are the OIR staff who provide these services to Palo Alto. The City last issued a Request for Proposals (RFP) for independent police auditing services in 2019 and three firms submitted proposals. The contract has been amended two times to date. Staff is extending this current agreement to allow time to perform an RFP process as it has been five years since the last RFP for this service. FISCAL/RESOURCE IMPACT This contract amendment adds $20,000 to this contract to cover the activities to be done between January 2025 and June 2025. The IPA contract is administered through the Clerk’s Office and funded through the City Council budget. The Fiscal Year 2025 Operating Budget includes funding for the existing contract. The funding for the amendment will come from the City Council Operations Contract Services budget. Item 14 Item 14 Staff Report Item 14: Staff Report Pg. 1 Packet Pg. 204 of 566 STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 14 Item 14 Staff Report Item 14: Staff Report Pg. 2 Packet Pg. 205 of 566 Vers.: Aug. 5, 2019 Page 1 of 7 AMENDMENT NO. 3 TO CONTRACT NO. S20178065 BETWEEN THE CITY OF PALO ALTO AND MICHAEL GENNACO DBA OIR GROUP This Amendment No. 3 (this “Amendment”) to Contract No. S20178065 (the “Contract” as defined below) is entered into as of December 9, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MICHAEL GENNACO DBA OIR GROUP, a sole proprietor, located at 7142 Trask Avenue, Playa Del Rey, CA, 90293 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of independent police auditor services, as detailed therein. B. The Parties now wish to amend the Contract in order to (1) increase the compensation by Twenty Thousand Dollars ($20,000) from Two Hundred Twelve Thousand and Five Hundred Dollars ($212,500) to a new not to exceed amount of Two Hundred Thousand Thirty-Two Thousand Five Hundred Dollars ($232,500), (2) extend the contract term date from January 1, 2025 by an additional six months to June 30, 2025, 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. S20178065 between CONSULTANT and CITY, dated December 16, 2019, as amended by: Amendment No.1, dated July 20, 2021 Amendment No.2, dated January 1, 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 2 “TERM” of the Contract is hereby amended to read as follows: Docusign Envelope ID: 0AB84F36-CC10-40F3-8DB9-070DC29313CB Item 14 Attachment A - OIR Group Amendment No 3 - Contract S20178065 Item 14: Staff Report Pg. 3 Packet Pg. 206 of 566 Vers.: Aug. 5, 2019 Page 2 of 7 “The term of this Agreement shall be from the date of its full execution through June 30, 2025, unless terminated earlier pursuant to Section 19 of this Agreement.” SECTION 3. 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 described in Exhibit “A” (also referred to herein as the “Basic Services”), and reimbursable expenses (if specified in Exhibit “C”), (“Basic Services”), and reimbursable expenses, shall not exceed Two Hundred Twelve Thousand Five Hundred Dollars ($212,500). In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-exceed compensation amount of Twenty Thousand Dollars ($20,000) for the performance of Additional Services. CONSULTANT agrees to complete all Basic Services, including specified reimbursable expenses, within this amount. In the event Additional Services (defined below) are authorized, the total compensation for Basic Services, Additional Services and specified reimbursable expenses shall not exceed Two Hundred Thirty-Two Thousand Five Hundred Dollars ($232,500). The applicable rate schedule is set out at Exhibit “C-1”, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amounts of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”.” SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES PREVIOUS. b. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. Docusign Envelope ID: 0AB84F36-CC10-40F3-8DB9-070DC29313CB Item 14 Attachment A - OIR Group Amendment No 3 - Contract S20178065 Item 14: Staff Report Pg. 4 Packet Pg. 207 of 566 Vers.: Aug. 5, 2019 Page 3 of 7 (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Docusign Envelope ID: 0AB84F36-CC10-40F3-8DB9-070DC29313CB Item 14 Attachment A - OIR Group Amendment No 3 - Contract S20178065 Item 14: Staff Report Pg. 5 Packet Pg. 208 of 566 Vers.: Aug. 5, 2019 Page 4 of 7 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee MICHAEL GENNACO DBA OIR GROUP Officer 1 By: Name: Title: Attachments: Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES PREVIOUS. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS. Docusign Envelope ID: 0AB84F36-CC10-40F3-8DB9-070DC29313CB Michael Gennaco Principal, OIR Group Item 14 Attachment A - OIR Group Amendment No 3 - Contract S20178065 Item 14: Staff Report Pg. 6 Packet Pg. 209 of 566 Vers.: Aug. 5, 2019 Page 5 of 7 Exhibit B SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3 (AMENDED, REPLACES PREVIOUS) Consultant shall complete reports for calendar years 2020, 2021, 2022, 2023, 2024 and 2025. Beginning in calendar year 2023, the following additional specific schedule shall apply: In calendar year 2023, CONSULTANT shall complete two reports, for publication in approximately February/March and August 2023, containing all matters completed since the last published report. In calendar year 2024, CONSULTANT shall complete two reports, for publication in approximately February/March and August 2024, containing all matters completed since the last published report. In calendar year 2025, CONSULTANT shall complete one report, for publication in approximately February/March 2025, containing all matters completed since the last published report. Docusign Envelope ID: 0AB84F36-CC10-40F3-8DB9-070DC29313CB Item 14 Attachment A - OIR Group Amendment No 3 - Contract S20178065 Item 14: Staff Report Pg. 7 Packet Pg. 210 of 566 Vers.: Aug. 5, 2019 Page 6 of 7 Exhibit C COMPENSATION, AMENDMENT NO. 3 (AMENDED, REPLACES PREVIOUS) CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed up to the not-to-exceed amount of: Fifteen Thousand Dollars ($15,000). A. Travel from CONSULTANT’S office to Palo Alto City Hall, 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. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. Docusign Envelope ID: 0AB84F36-CC10-40F3-8DB9-070DC29313CB Item 14 Attachment A - OIR Group Amendment No 3 - Contract S20178065 Item 14: Staff Report Pg. 8 Packet Pg. 211 of 566 Vers.: Aug. 5, 2019 Page 7 of 7 SCHEDULE OF EXPENDITURES For the convenience of the Parties, the following identifies the historic and expected annual expenditures by type and amount under the Agreement, including Amendments One and Two. All dates refer to calendar years: 2020 • Basic services compensated at rate of $25,000, resulting in $25,000 in compensation paid. 2021 (Amendment One effective approximately July 1, 2021) • January 1, 2021 through June 30, 2021, basic services compensated at rate of $25,000 annually, resulting in $12,500 in compensation paid for six months of services. • July 1, 2021 through December 31, 2021, basic services rate increased to $40,000 annually to reflect additional scope, resulting in $20,000 in compensation paid for six months of services. 2022 • Basic services compensated at rate of $40,000, resulting in $40,000 in compensation paid. • Reimbursable travel – two in-person appearances at Council in spring and fall 2022 • Additional services – Consulting project #1 (Recruitment and Hiring) initiated, with task order budgeted at $10,000. 2023 • Basic services compensated at rate of $40,000, expected to result in $40,000 in compensation paid. • Reimbursable travel – two in-person appearances at Council expected, in spring and fall 2023. • Additional services – Consulting project #1 (Recruitment and Hiring) completed. $10,000 remaining for Additional Services if desired by City. 2024 • Basic services compensated at rate of $40,000, expected to result in $40,000 in compensation paid. • Reimbursable travel – two in-person appearances at Council expected, in spring and fall 2024 2025 • Basic services compensated at rate of $20,000, expected to result in $20,000 in compensation paid. • Reimbursable travel – one in-person appearance at Council expected, in spring 2025 Docusign Envelope ID: 0AB84F36-CC10-40F3-8DB9-070DC29313CB Item 14 Attachment A - OIR Group Amendment No 3 - Contract S20178065 Item 14: Staff Report Pg. 9 Packet Pg. 212 of 566 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: City Manager Meeting Date: December 16, 2024 Report #:2410-3668 TITLE Approval of Professional Services Contract Number C25192045 with Urban Planning Partners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car Free Ramona Street Project for a Period of One Year, Direct Staff to Return with an Amendment to Approve Phase II; Approval of a Budget Amendment in the General Fund; and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through 2025; CEQA Status – categorically exempt. RECOMMENDATION Staff recommends that the City Council: 1. Approve and authorize the City Manager or their designee to execute Contract No. C25192045 (Attachment A), with Urban Planning Partners, Inc. (UPP), for Phase I of the Car Free Ramona Street project for a term of one year, and a total Not to Exceed Amount of $165,573, including $163,148 for basic services and $2,425 for additional services; and 2. Direct staff to return with a contract amendment to approve Phase II with UPP, with a Not to Exceed Amount of $233,763, to support additional stakeholder outreach and street design for long-term street improvements, for a total Not to Exceed amount of $399,336, and required budget appropriation action for Council consideration in 2025, and 3. Amend the Fiscal Year 2025 Budget Appropriation for the General Fund (2/3 vote needed) by: a. Increasing funding in Non-Departmental for the Car Free Ramona Street Project Phase I by $165,573, and b. Decreasing the Budget Stabilization Reserve by $165,573; and 4. Adopt the attached resolution to continue the closure of the half-block of Ramona Street through 2025. Item 15 Item 15 Staff Report Item 15: Staff Report Pg. 1 Packet Pg. 213 of 566 EXECUTIVE SUMMARY BACKGROUND Item 15 Item 15 Staff Report Item 15: Staff Report Pg. 2 Packet Pg. 214 of 566 guidelines to create a unique visitor experience with enhanced street amenities, signage, and art. ANALYSIS Item 15 Item 15 Staff Report Item 15: Staff Report Pg. 3 Packet Pg. 215 of 566 appropriated through Council action with approval of the Phase II contract or through the annual budget process and could incorporate additional funding mechanisms such as grants and/or assessment districts. Table # 1 Stakeholder Outreach Outdoor Dining Standards Street and Signage Design Construction Winter 2024- Spring 2025 Complete by Spring 2025 Complete by Summer 2025 Summer 2025: Street re-surfacing and minor sidewalk repairs. Summer 2025-Winter 2025: Installation of bollards, planters, signage, limited improvements to landscaping and street amenities. Item 15 Item 15 Staff Report Item 15: Staff Report Pg. 4 Packet Pg. 216 of 566 UPP was selected as the top ranked consultant for the project because of their experience, their proposed approach, the team’s ability to perform the work within the desired timeline, and their prior performance with the City. A Notice of Intent to Award was sent on August 30 and no protests were received. It was anticipated that the informal proposals would be under $85,000 but due to the extensive stakeholder engagement requested, lack of existing topographic surveys, and the fact that the project requires specialized historical research and branding, both proposals came in at much higher costs. An exemption to formal competitive solicitation pursuant to Palo Alto Municipal Code section 2.30.360(b)(2) was approved by the City Manager. FISCAL/RESOURCE IMPACT The total not to exceed amount of the consultant contract for Phase I is $165,573. The cost for Phase I is $165,573 and the cost for Phase II is $233,763. In the FY 2025 budget, $50,000 was appropriated for the car free Ramona Street project, however, this money is being used to complete the CEQA analysis for making the street permanently car free. A budget amendment to increase the FY 2025 appropriation for this project in the amount of $165,573 is thereby required to complete this work. Approval of this action would decrease the Budget Stabilization Reserve (BSR) to approximately $54.3 million or 18.4% of the FY 2025 Adopted budget. This amount is based on FY 2025 budget adjustment actions detailed in the 2026-2035 Long Range Financial Forecast (Report 2405-30681) that was presented to the Finance Committee on December 3, 2024. STAKEHOLDER ENGAGEMENT In Phase I, the consultant will conduct focus group and community meetings, prepare information for a dedicated project webpage, and present at the Retail Committee and City Council meetings. Stakeholder engagement will be focused on outdoor dining standards and near-term street improvements. If the City proceeds with Phase II, the consultant will present to relevant Boards, Commissions, and Committees, and engage downtown stakeholders and the larger Palo Alto community to solicit input on long-term streetscape improvements during that Phase. 1 December 3, 2024 Finance Committee Meeting: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14543 Item 15 Item 15 Staff Report Item 15: Staff Report Pg. 5 Packet Pg. 217 of 566 ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 15 Item 15 Staff Report Item 15: Staff Report Pg. 6 Packet Pg. 218 of 566 Professional Services Rev. Jan 29, 2024 Page 1 of 30 CITY OF PALO ALTO CONTRACT NO. C25192045 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND URBAN PLANNING PARTNERS, INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 16th day of December, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and URBAN PLANNING PARTNERS, INC., a California Corporation, located at 388 17th Street Suite 230, Oakland CA 94612 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to develop clear outdoor dining standards and street design for the car-free portion of Ramona Street (the “Project”) and desires to engage a consultant to develop outdoor dining standards, a street design, and wayfinding signage 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 December 31, 2025 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E Item 15 Attachment A - City of Palo Alto Contract No. C25192045 Item 15: Staff Report Pg. 7 Packet Pg. 219 of 566 Professional Services Rev. Jan 29, 2024 Page 2 of 30 timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred Sixty-Three Thousand One Hundred Forty-Eight Dollars ($163,148). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Two Thousand Four Hundred Twenty-Five Dollars ($2,425) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Hundred Sixty-Five Thousand Five Hundred and Seventy-Three Dollars ($165,573), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E Item 15 Attachment A - City of Palo Alto Contract No. C25192045 Item 15: Staff Report Pg. 8 Packet Pg. 220 of 566 Professional Services Rev. Jan 29, 2024 Page 3 of 30 Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E Item 15 Attachment A - City of Palo Alto Contract No. C25192045 Item 15: Staff Report Pg. 9 Packet Pg. 221 of 566 Professional Services Rev. Jan 29, 2024 Page 4 of 30 deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: PGAdesign BKF Engineers 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 Hannah Chan Smyth Email: hchansmyth@up-partners.com as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E Item 15 Attachment A - City of Palo Alto Contract No. C25192045 Item 15: Staff Report Pg. 10 Packet Pg. 222 of 566 Professional Services Rev. Jan 29, 2024 Page 5 of 30 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 Ashwini Kantak, City Managers Department, 250 Hamilton Avenue Palo Alto, CA, zipcode: 94301, . CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. 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 third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E Item 15 Attachment A - City of Palo Alto Contract No. C25192045 Item 15: Staff Report Pg. 11 Packet Pg. 223 of 566 Professional Services Rev. Jan 29, 2024 Page 6 of 30 final judgment of a court of competent jurisdiction. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 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 automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E Item 15 Attachment A - City of Palo Alto Contract No. C25192045 Item 15: Staff Report Pg. 12 Packet Pg. 224 of 566 Professional Services Rev. Jan 29, 2024 Page 7 of 30 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 Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E Item 15 Attachment A - City of Palo Alto Contract No. C25192045 Item 15: Staff Report Pg. 13 Packet Pg. 225 of 566 Professional Services Rev. Jan 29, 2024 Page 8 of 30 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. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E Item 15 Attachment A - City of Palo Alto Contract No. C25192045 Item 15: Staff Report Pg. 14 Packet Pg. 226 of 566